Santa Ana City Council
April 4, 2023

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bidding on behalf of its members, which includes government agencies. Utilizing the contract awarded to Musco Sports Lighting, LLC., allows the City to make purchases through August 27, 2023, and is in accordance with the City’s existing Purchasing Guidelines.

FISCAL IMPACT
Funds are available in the current Fiscal Year 2022-2023 budget as follows.

Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
2022-23 01117652-62320 General
Fund
PWA - Park Service
Enhancement,
Maintenance &
Repair Buildings &
Ground
$195,710
TOTAL $195,710
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
8 –
2 4/4/2023

Police Department
www.santa-ana.org/police
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 4, 2023
TOPIC: New HVAC System at Santa Ana Police Athletic & Activity League Center AGENDA TITLE:

Award Purchase Order to Acco Engineered Systems in an Amount Not to Exceed $274,877 to replace HVAC at the Santa Ana Police Athletic & Activity League Center (General Fund)

RECOMMENDED ACTION

1. Award a one-time purchase and payment to Acco Engineered Systems for a new heating, ventilation, and air conditioning (HVAC) system at the Santa Ana Police Athletic and Activity League Center, in the amount of $249,888, plus a 10-percent contingency of $24,989, for a total amount not to exceed $274,877, subject to non- substantive changes approved by the City Manager and City Attorney.

2. Approve an amendment to the Fiscal Year 2022-2023 Capital Improvement Program to include the Santa Ana Police Athletic and Activity League Center HVAC System Replacement project.

DISCUSSION
The Police Department currently operates the Santa Ana Police Athletic and Activity League (PAAL) program at two locations. The PAAL Center provides comprehensive community programs that builds a bond between kids and police officers through education, fitness, and activities. The primary center, located at 2627 W McFadden Avenue, is approximately 9,000 square feet and serves over 100 youths year-round.

The PAAL Center was recently renovated with new flooring, exterior painting, and parking lot improvements, with funds from the City’s Revive Santa Ana Spending Plan.

However, the current air conditioning unit, which was not part of the renovation, is over 20 years old and the air handlers, also not part of the renovation, are over 40 years old.

The Center’s current split system with two indoor fan coil units have surpassed their usable life span and require constant repair. The new heating, ventilation, and air conditioning (HVAC) replacement with variable frequency drive for a three-zone system

City Council
9 –
1 4/4/2023

New HVAC System at Santa Ana Police Athletic & Activity League Center April 4, 2023

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will provide better efficiency rating for energy usage and greatly improve comfort for the youth and residents.

Santa Ana Ordinance No. NS-2312 authorizes the City to purchase against contracts issued to vendors who have been awarded by a state agency, county, city or other public agency after a competitive bidding process substantially equivalent to the City’s standard bidding process. National Cooperative Purchasing Alliance awarded a contract to Acco Engineered Systems (No. 02-73) for HVAC Equipment, Installation, Service, & Related Products. By leveraging the procurement power through cooperative purchasing, the City of Santa Ana is able to obtain nationally vetted, high quality products and services at competitive volume pricing, and is in accordance with the City’s existing Purchasing guidelines.

FISCAL IMPACT
Funds were approved as a carry forward to the FY 2022-23 budget for this project and is available for expenditure as follows:

Fiscal
Year
Accounting Unit
– Account No.

Fund
Description
Accounting Unit –
Account No.

Description
Amount
FY 22-23 01114403-66200 General Fund
PD Building & Facility,
Buildings & Building
Improvements
$274,877

EXHIBIT

1. Capital Improvement Project Sheet – Santa Ana PAAL Center HVAC System Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager

City Council
9 –
2 4/4/2023

CITY OF SANTA ANA FY 22/23CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

New HVAC System Replacement at PAAL Center (2627 W.

McFadden Avenue)
PROJECT NEED:

The condensers are over 20 years old and the air handlers are over 40 years old. The air conditioning system requires constant repairs. A new, energy efficient heating, ventilation, and air conditioning (HVAC) system with variable frequency drive for a three-zone system will provide better efficiency rating for energy usage, and greatly improve comfort for the youth.

PROJECT TITLE:

Police Athletic & Activity League
(PAAL) Center HVAC Replacement
PROJECT CATEGORY:

City & Park Facility Improvements
Building

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Police Department Administration Susan Gorospe, Police Department 21-Mar-2023 PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 274,877 - - - - - -
TOTAL 274,877 - - - - - -
SOURCE OF FUNDS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 274,877 - - - - - -
TOTAL 274,877 - - - - - -
EXHIBIT 1

City Council
9 –
3 4/4/2023

Police Department
www.santa-ana.org/police
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 4, 2023
TOPIC: Motorola 800 MHz Communications System Equipment AGENDA TITLE:

Award Contract to Motorola Solutions, Inc. in the Amount of $471,570 for Motorola 800 MHz Communications System Equipment (Specification No. 23-048) (General and Non- General Fund)

RECOMMENDED ACTION
Award a blanket order contract to Motorola Solutions, Inc. for Motorola 800 MHz communications system equipment for a 14-month period expiring June 30, 2024 in an amount not to exceed $471,570, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Santa Ana Police Department (SAPD) utilizes handheld portable and mobile radios to communicate with other field personnel, the SAPD Dispatch Center, and Orange County agencies via the Orange County Communications System (countywide dispatch center). The 800 MHz Communications system has been in place since 1995 when the County of Orange completed a competitive bid process and entered into a contract with Motorola Solutions, Inc. to provide the 800 MHz Countywide Coordinated Communications System (CCCS) integrated radio communications system. Motorola designed, built, and installed this system using proprietary equipment and technology.

This system allows all police, fire, public works, and marine safety agencies in Orange County to share a standard radio system, yet provides agencies with their own dispatch and tactical channels. Radios are utilized for both emergent and non-emergent radio traffic. Handheld radios are a critical lifeline for sworn and professional field personnel for sharing rapidly changing information pertaining to calls for service and for relaying field personnel safety messages.

This contract will provide the Police Department with 60 APX6000 handheld pacsets and accessories for newly hired police officers, replacement radios for non-working radios, and adequate spares for emergency services purposes. The SAPD anticipates

City Council
10 –
1 4/4/2023

Motorola 800 MHz Communications System Equipment
April 4, 2023

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ordering $363,753 in equipment upon City Council’s approval, with a contingency of $36,537 for additional pacsets, mobile radios, and accessories if needed through the end of the contract period.

In addition, the Code Enforcement Division of the Planning and Building Agency will be purchasing ten radios. The purchase will provide the Code Enforcement Division with handheld APX4000 Model II radios for newly hired Code Enforcement Division staff and replacement radios for non-compatible or non-working radios for Animal Services staff.

The handheld radios are critical for emergency and non-emergency communication with SAPD. The Planning and Building Agency anticipates ordering $47,520 in equipment upon City Council’s approval, with a contingency of $23,760 for additional mobile radios, chargers, and accessories if needed through the end of the contract period.

Santa Ana Municipal Code Section 2-807 requires that contracts for City purchases be awarded on the basis of obtaining maximum quality and minimum costs after a competitive process but allows for awards of purchases exempt from a bid process whenever it shall appear there is only one reasonable source. Accordingly, the County established Agreement No. MA-060-21010004 with Motorola Solutions, Inc. for the 800 MHz CCCS under their Sole Source Procurement Policy, providing access to the existing radio communication system throughout the County. Motorola Solutions, Inc., the manufacturer, offers the equipment at discounted pricing to all public agencies in Orange County under the 800 MHz CCCS program.

FISCAL IMPACT
The current fiscal year funding is available in each respective department’s FY 2022-23 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration as follows:

Police Department
Fiscal
Year
Accounting Unit
– Account No. Fund Description
Accounting Unit –
Account No.

Description
Amount
FY 22-23 01114450-66400 General Fund
PD Central
Distribution
Center, Machinery
& Equipment
$270,650
FY 22-23 12814407-66400
Supplemental
Law Enforcement
Services Fund
SLESA, Machinery
& Equipment $ 93,103
FY 23-24 12814407-66400
Supplemental
Law Enforcement
Services Fund
SLESA, Machinery
& Equipment $ 36,537
Subtotal $400,290

City Council
10 –
2 4/4/2023

Motorola 800 MHz Communications System Equipment
April 4, 2023

3 3
4 9
Planning and Building Agency
Fiscal
Year
Accounting Unit
– Account No. Fund Description
Accounting Unit –
Account No.

Description
Amount
FY 22-23 01116540-66400 General Fund
PBA Comm
Preserv, Machinery
& Equipment
$ 14,256
FY 22-23 01216010-66400 Cannabis Fund
PBA Enforcement
Services, Machinery
& Equipment
$ 9,504
FY 22-23 01116570-66400 General Fund
PBA Animal
Services, Machinery
& Equipment
$ 23,760
FY 23-24 01116540-66400 General Fund
PBA Comm
Preserv, Machinery
& Equipment
$ 19,008
FY 23-24 01216010-66400 Cannabis Fund
PBA Enforcement
Services, Machinery
& Equipment
$ 4,752
Subtotal $ 71,280
Combined Total $471,570
Submitted By: David Valentin, Police Chief; Mihn Thai, Executive Director of Planning and Building Agency
Approved By: Kristine Ridge, City Manager

City Council
10 –
3 4/4/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 4, 2023
TOPIC: Salgado Community Center Improvements

AGENDA TITLE
Award a Construction Contract to AME Builders, Inc. in the Amount of $1,240,500 for the Salgado Community Center Improvements Project FY 2022-23 Project with an Estimated Project Delivery Cost of $1,550,625 (Project No. 22-1377) (General Fund) (Revive Santa Ana Program)

RECOMMENDED ACTION

1. Award a construction contract to AME Builders Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,240,500, for construction of the Salgado Community Center Improvements FY 2022-23, for the term beginning September 1, 2023 and ending December 31, 2023, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.

2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $1,387,759 in Revive funding for the Salgado Community Center Renovations Project. (Project No. 22-1377)

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,550,625, which includes $1,240,500 for the construction contract, $186,075 for contract administration, inspection and testing, and a $124,050 project contingency for unanticipated or unforeseen work.

4. Determine these actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2022-34 was filed for the project.

DISCUSSION
The Salgado Community Center, located in Rosita Park, hosts after-school activities, sports, and many local community events (Exhibit 1). The Community Center was constructed in 1994 and since then has not experienced many major renovations. The Salgado Community Center Improvements Project seeks to replace two critical items necessary to maintain the quality of the facility: the roof and heating, ventilation, and air

City Council
11 –
1 4/4/2023

Award Construction Contract to AME Builders, Inc.

April 4, 2023

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conditioning (HVAC) systems. These improvements will eliminate roof leaks and provide efficient air conditioning and heating throughout the community center.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 1,192 regional vendors via PlanetBids, many of which are Santa Ana based. Fifty-six vendors requested bidding documents and two bids were received. No bids were received from Santa Ana contractors.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on January 18, January 25, and February 1, 2023. The project was also advertised in PlanetBids from January 18, 2023 through February 15, 2023. Bids were received electronically via PlanetBids on February 15, 2023.

Bid Results Summary
Rank Bidder’s Name Location Base Bid
1 AME Builders, Inc. Pomona, CA $1,240,500
2 Letner Roofing Company Orange, CA $1,854,880
A total of two bids were received, all deemed responsive. AME Builders, Inc. submitted the lowest responsive base bid in the amount of $1,240,500 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid.

Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to AME Builders, Inc., in the amount of the base bid totaling $1,240,500 (Exhibit 3).

Project Delivery
To deliver a complete project, the estimated total project delivery cost includes construction administration, inspection and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management, inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality, and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,550,625.

Project Item Total
Construction Contract $1,240,500
Construction Administration, Inspection, Testing $186,075 Contingencies $124,050
Total Construction Delivery Cost $1,550,625

City Council
11 –
2 4/4/2023

Award Construction Contract to AME Builders, Inc.

April 4, 2023

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ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2022-34 was filed for the project.

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,550,625, which includes construction, contract administration, inspection, testing, and an authorized contingency. Project No. 22-1377 is the number assigned to the Specifications and the Notice Inviting Bids.

Funds for this project were appropriated in Fiscal Year 2022-23 and with the approval of the amendment to the FY 2022-23 Capital Improvement Program (Exhibit 5) will officially incorporate this project to the program. As part of the federal American Rescue Plan Act (ARPA), funds were allocated per the Revive Santa Ana Spending Plan for proposed expenditure categories. Funding is available in the FY 22-23 budget and any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carryovers to FY 23-24.

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

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

Description
Amount
2022-23 18117013-
66220
Revive Santa
Ana (ARPA)
ARPA-PRCSA, Buildings
& Building Improvements $1,387,759
2022-23 01117017-
66220
General
Fund
PWA – Service
Enhancement,
Improvements Other
Than Buildings
$162,866

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. Amendment to Fiscal Year 2022-23 CIP
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
11 –
3 4/4/2023

© 2012-2017 Digital Map Products. All rights reserved. 1

130 feet

City Council
11 –
4 4/4/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 22-1377

SALGADO COMMUNITY CENTER IMPROVEMENTS
P-1 of P-20

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

REQUIREMENT:

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

Item Description Qty Unit Unit Price Amount
1 Roofing Improvements 1 LS $ $
2 Plywood Sheet (4’ x 8’) (As
Needed)*
100 EA $ $
3 Low Silhouette Hooded Vents (12”
x 12”)
2 EA $ $
4 Remove and Replace Roof and
Gym HVAC System
1 LS $ $
5 Construction Permit 1 LS $10,700 $
TOTAL BASE BID $
AME Builders Inc dba AME Roofing
888,800.00 888,800.00
150.00 15,000.00
1,000.00 2,000.00
324,000.00 324,000.00
10,700.00
1,240,500.00
EXHIBIT 2

City Council
11 –
5 4/4/2023

City Council
11 –
6 4/4/2023

CITY OF SANTA ANA

CONSTRUCTION CONTRACT
PROJECT 22-1377

SALGADO COMMUNITY CENTER ROOF IMPROVEMENTS
This CONSTRUCTION CONTRACT is made and entered into this 4th day of April, 2023 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and AME Builders, INC. (hereinafter "CONTRACTOR").

WITNESSETH:

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

I. CONTRACTOR agrees to perforn1 all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Salgado Community Center Improvements (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council.

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

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million, Two Hundred Forty Thousand, and Five Hundred Dollars and No Cents ($1,240,500.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable.

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

EXHIBIT 3

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City Council
11 –
22 4/4/2023

EXHIBIT 4
Construction Contract 1,240,500.00$
Contract Administration, Inspection and Testing 186,075.00$ Contingencies 124,050.00$
TOTAL ESTIMATED CONSTRUCTION COSTS 1,550,625.00$
CONSTRUCTION OF PROJECT NO. 22-1377: Salgado Community Center Improvements

COST ANALYSIS

City Council
11 –
23 4/4/2023

CITY OF SANTA ANA FY 22/23CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Funding awarded to address top priorities from Facilities Condition Assessment. Replaces the roof and HVAC system. This will eliminate leaking in addition to providing air conditioning and heating throughout the center.

PROJECT NEED:

Funding awarded to address top priorities from Facilities Condition Assessment.

PROJECT TITLE:

Salgado Recreation Center
Improvements
PROJECT CATEGORY:

City & Park Facility Improvements
Park Facility

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Parks, Rec. & Community Services Parks, Fleet & Facilities Mike Ortiz, Senior Civil Engineer 14-Mar-2023 PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Construction 1,387,759 - - - - - -
Engineering 800,000 - - - - - -
TOTAL 2,187,759 - - - - - -
SOURCE OF FUNDS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 ARPA Funds 1,387,759 - - - - - -
GENERAL FUND 800,000 - - - - - -
TOTAL 2,187,759 - - - - - -
EXHIBIT 5

City Council
11 –
24 4/4/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 4, 2023
TOPIC: New Prefabricated Restroom Installation at Four City Parks

AGENDA TITLE
Award an Construction Contract to MMC, Inc. in an Amount Not to Exceed $2,870,000 for the Restrooms at Riverview Park, Heritage Park, Windsor Park, and Angels Park Project with an Estimated Project Delivery Cost of $3,307,000 (Project Nos. 22-1348, 22-1349, 22-1350, & 22-1412) (Non-General Fund) (Revive Santa Ana Program)

RECOMMENDED ACTION

1. Authorize the City Manager to execute a construction contract with MMC, Inc. to provide Design-Build services for demolition of existing restroom buildings, installation of new, pre-fabricated buildings, and associated site and utility work in the amount of $2,870,000, with a contingency of $287,000, for a three-year period from April 5, 2023 to April 4, 2026, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney.

2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program for the Riverview Park, Heritage Park, Windsor Park, and Angels Park Restrooms Project to be funded from American Rescue Plan Act (ARPA) funds.

3. Determine the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023-28 was filed for this project.

DISCUSSION
On August 2, 2022, the City Council approved the Revive Santa Ana Spending Plan that reflected the entire American Rescue Plan Act (ARPA) allocation of local fiscal recovery funds. Four City park restrooms were allocated ARPA funding. These existing restrooms are a target for vandalism and require major efforts to maintain due to the old age and existing conditions. This project scope includes the following: demolishing the existing restroom buildings, installing new pre-fabricated restroom buildings, and site improvements to provide an accessible path of travel to these facilities. All four restroom replacement projects are located in ARPA Qualified Census Tracts (QCTs) as allowed by the ARPA rules.

City Council
12 –
1 4/4/2023

Award Agreement for Riverview Park, Heritage Park, Windsor Park, and Angels Park Restrooms
April 4, 2023

3 3
4 7
On December 21, 2022, the Public Works Agency released Request for Proposals (RFP) No. 22-147A, to provide design-build services for “New Pre-Fabricated Restroom installation at Four City Parks.” The RFP was advertised on the City’s online procurement management and publication system with proposals due on February 8, 2023. One proposal was received and evaluated by a selection committee based on criteria outlined in the RFP.

Staff recommends awarding an agreement to MMC, Inc. (Exhibit 1) based upon the design-build services described in the scope of work and selection criteria outlined in RFP 22-147A. 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 and the team qualifications are appropriate for this project. The proposal was determined to provide the best value for the City.

As indicated in the Cost Analysis (Exhibit 2), the estimated total construction delivery cost of the project is $3,307,000.

Project Item Total
Construction Contract $2,870,000
Construction Administration, Inspection, Testing $150,000 Contingencies $287,000
TOTAL CONSTRUCTION DELIVERY COST $3,307,000

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2023-28 was filed for this project.

FISCAL IMPACT
Funds are available in the current Fiscal Year 2022-23 budget, and funding for subsequent fiscal years will be included in the proposed budget for City Council consideration. Approval of the amendment to the FY 2022-23 Capital Improvement Program (Exhibit 3) will officially incorporate these projects into the program. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 23-24.

The following table summarizes the funds budgeted for expenditure to deliver construction of these projects:

City Council
12 –
2 4/4/2023

Award Agreement for Riverview Park, Heritage Park, Windsor Park, and Angels Park Restrooms
April 4, 2023

3 3
4 7
Fiscal Year
Accounting
Unit - Account
No.
(Project No.)
Fund
Description
Accounting Unit,
Account No.

Description
Amount
FY 2022-23 18117013-66200
(22-1348)
American
Rescue Plan
Act (ARPA)
ARPA – PWA, Buildings
& Building Improvements $853,327
FY 2022-23 18117013-66200
(22-1349)
American
Rescue Plan
Act (ARPA)
ARPA – PWA, Buildings
& Building Improvements $703,327
FY 2022-23 18117013-66200
(22-1350)
American
Rescue Plan
Act (ARPA)
ARPA – PWA, Buildings
& Building Improvements $853,328
FY 2022-23 18117013-66200
(22-1412)
American
Rescue Plan
Act (ARPA)
ARPA – PWA, Buildings
& Building Improvements $897,018
Total $3,307,000

EXHIBIT(S)

1. Construction Contract with MMC, Inc.

2. Cost Analysis

3. FY 2022-23 CIP Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
12 –
3 4/4/2023

CITY OF SANTA ANA

CONSTRUCTION CONTRACT
P age 1 of 4
PROJECT NOS. 22-1348, 22-1349, 22-1350, & 22-1412

RESTROOMS AT RIVERVIEW PARK, HERITAGE PARK, WINDSOR PARK, AND ANGELS

PARK PROJECT
This CONSTRUCTION CONTRACT is made and entered into this 4th day of April, 2023 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of Californi a (hereinafter “CITY”) , and MMC, Inc. (hereinafter “CONTRACTOR”).

WITNESSETH:

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

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

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

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Three Million One Hundred Fifty-Seven Thousand Dollars and No Cents ($3,157,000), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A.” EXHIBIT 1

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4. The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable.

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

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

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

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

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

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

11. INDEMNIFICATION.

To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through

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legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:

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

11. FUNDING-RELATED PROVISIONS

Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Contractor shall comply with all federal requi rements including, but not limited to, the following, all of which are expressly incorporated herein by reference:

a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);

b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act, available at https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf;

c. Treasury Compliance and Reporting Guidance for the Act, available at https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf;

d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;

e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and

f. Federal contract provisions attached hereto as Exhibit “ C” and incorporated herein by reference.

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EXHIBIT A

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EXHIBIT B

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CITY OF SANTA ANA

PROPOSAL
RFP 22-127A
New Pre-Fabricated Restroom Installation at 4 City Parks P-3 of P-22
amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. † This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications.

TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (120) working days after the commencement date stated in the Notice to Proceed.

The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,666 per calendar day.

Name of Firm
Signature of BIDDER
Title
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.)

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EXHIBIT C

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EXHIBIT C

FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit C.

1. REQUI

RED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II
TO PART 200 – CONTRACT PROVISIONS FOR NON- FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60- 1.3, Consultant agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for em
ployment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisements for employees placed b y or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

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(v) The Consultant will comply with all provisions of E xecutive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulat ions, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and rem edies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for

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violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the app licant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) A ppendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) A ppendix II to Part 200 (E ) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such la borer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.

Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant

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shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) A
ppendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued purs uant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant

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further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I ) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) A
ppendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
(k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this A greement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

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(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and

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(v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND

CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.

Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) C
ompliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable fede ral statutes, regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.

Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.

Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.

Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part

20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

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(c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.

Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financi al assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amend ed (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
(e) P
rotections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
(2) An Inspector General;
(3) The Government Accountability Office;

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(4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) R educing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) A
ssurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities re ceiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improv e access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because o f their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964.

Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningfu l access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure ef fective communication in the Project.
(iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.

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(iv) Consultant acknowledges and agrees that compliance with this assur ance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or nati onal origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance revi ew activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non -compliance of Title VI and efforts to address the non- compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide docume ntation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.

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(x) If Consultant makes sub- awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

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24 4/4/2023

EXHIBIT 2

COST ANALYSIS
CONSTRUCTION OF PROJECT NOS.: 22-1348, 22-1349, 22-1350, & 22-1412 Construction Contract $2,870,000.00
Contract Administration, Inspection and Testing $150,000.00 Contingencies $287,000.00
Total $3,307,000.00

City Council
12 –
25 4/4/2023

CITY OF SANTA ANA FY 23/24CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Design-Build services for demolition of existing restroom buildings, installation of new pre-fabricated buildings, and associated site and utility work.

PROJECT NEED:

Four city park restrooms that are a target for vandalism and require major efforts to maintain due to the old age and existing conditions.

PROJECT TITLE:

New Prefabricated Restroom
Installation at Four City Parks
PROJECT CATEGORY:

City & Park Facility Improvements
Park Facility

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works Fleet and Facilities Suzi Furjanic, Assoc. Park Planner 14-Mar-2023 PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction 3,307,000 - - - - - -
TOTAL 3,307,000 - - - - - -
SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 ARPA Funds 3,307,000 - - - - - -
TOTAL 3,307,000 - - - - - -
EXHIBIT 3

City Council
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Public Works Agency
www.santa-ana.org/public-works
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 4, 2023
TOPIC: Easement to Southern California Edison

AGENDA TITLE
Grant an Easement to Southern California Edison to Allow Underground Power to Serve Traffic Signal (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an Easement Deed granting Southern California Edison the right to own, place, and maintain power conduits and conductors underground to serve APN 016-035-14.

DISCUSSION
In 2019, the City acquired a parcel of land located at 402 East Warner in conjunction with the Warner Avenue Improvements project from Main Street to Oak Street. Along the east side of the parcel exists a 17-foot wide Maple Street Bike Trail and Edison power pole and overhead power lines serving the residential lots fronting Maple Street and a traffic signal nearby (Exhibit 1).

As part of the Warner Avenue project, Edison will need to modify the power pole adjacent to 402 East Warner to underground overhead facilities along Warner Avenue and provide service for proposed traffic signal at Warner and Maple intersection. Therefore, non- exclusive easement is needed for Edison to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, and inspect the underground electrical supply system in order to continue distributing electrical energy to the residents.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Easement Deed
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

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1 4/4/2023

EXHIBIT 1

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City Council
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3 4/4/2023

City Council
13 –
4 4/4/2023

PORTION OF
43'

43.03'
Maple St.

Bike Trail

City Council
13 –
5 4/4/2023

Community Development Agency
santa-ana.org/community-development
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 4, 2023
TOPIC: Real Property Purchase Agreement: 10th and Flower Park Project AGENDA TITLE:

Approve Purchase Agreement with Property Owner Garnsey Corp., in the amount of $750,000 for the Full Property Acquisition for the Real Property Located at 843 N.

Garnsey Street (APN 005-142-02) for the 10th and Flower Park Project (Revive Santa Ana Program)

RECOMMENDED ACTION
Authorize the City Manager to execute a purchase agreement with property owner Garnsey Corp, for the full property acquisition for the real property located at 843 N.

Garnsey Street, also identified as APN 005-142-02, (Property) in the amount of $750,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
In August 2022, the City Council approved the American Rescue Plan Act (ARPA) Funding for the acquisition and expansion of parks and open space in the City of Santa Ana (City). The City also adopted a Parks Master Plan in May 2022 that provides goals to develop parkland within a 10-minute walk for all residents, and three acres of parkland per 1,000 residents citywide. The acquisition of this property will assist in expanding the future 10th and Flower Park project boundaries to create a recreational amenity in a “park gap” area, serve four adjacent neighborhoods, and create a new park that was identified in the Parks Master Plan. The property is located in a qualified census tract and is necessary to expand the boundaries of the 10th and Flower Park, which was planned as a smaller 0.65-acre neighborhood park.

The adjacent property (841 N Garnsey) was listed for sale by the property owner, and during discussions with the City about acquiring 841 N Garnsey, the property owner expressed interest in the City acquiring both properties owned by Garnsey Corp. The recommended property acquisition (Exhibit 1) and the mutually agreed-upon purchase offer were determined based upon a broker’s opinion of value prepared by the City’s right-of-way consultant (Exhibit 2).

City Council
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Real Property Purchase Agreement: 10th and Flower Park Project April 4, 2023

3 3
3 9
The Property has one family that will require relocation and a month-to-month lease agreement between the City and the tenants.

FISCAL IMPACT
Funds in the amount of $750,000 are budgeted and available in the ARPA account (no. 18117013-66100; Project #22-1342) for property acquisition expenditures in FY 2022-

23. EXHIBIT(S)

1. Location Map

2. Purchase and Sale Agreement
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager

City Council
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2 4/4/2023

EXHIBIT 1

LOCATION MAP

LEGEND
Original Proposed Boundary of – Approx. 0.88 acres
New Proposed Boundary- Approx. 1.1 acres

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P

URCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY

AND BILATERAL ESCROW INSTRUCTIONS
T
HIS AGREEMENT (hereinafter “PSA”), entered into on , 2023 , 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, Garnsey Corp., a Delaware Corporation ( "Seller"), regardless of number or gender;
T
HEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property") legally described as follows:

SEE E
XHIBIT “A” – Legal Description

ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 843 North Garnsey Street, Santa Ana, CA 92701) (APN: 005-142-02)
S
aid purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit:

1. Conveyance by Seller . Seller agrees to convey said real property to City, by Grant Deed, at t he office of Ticor Title, Johna L. Cannon - Title Officer, 1500 Quail Street , 3rd Floor, Newport Beach, California, j
[email protected], within six ty (60 ) days from and after the date on which the City has approved this Agreement.

2. Title to be Conveyed. S eller 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 leasehol d
i
nterests), 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
c
lear 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 therei n
nam
ed as the insured, in the amount of $750,000 (Seven Hundred Fiftyty Thousand Dollars) insuring the title of
the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or 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
w
aiver 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.

EXHIBIT 2

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4. E scrow . City agrees to open an escrow at the office of Golden Coast Escrow, 130 Centennial Way, #D, Tustin, 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 thirty (30) 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.

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

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

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

5. P
roperty 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 tax es on said real property for said fiscal year which have been paid prior to the date the deed, as detailed in Exhibit "C" attached hereto and incorporated herein by this reference, 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 sai d refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow.

A
ll 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. P ayment of Purchase Price. City agrees to pay to Seller and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, t he total sum of $750,000 ( Seven Hundred Fifty Thousand Dollars). City agrees to deposit said purchase price, which are funds available from the American Rescue Plan Act as detailed in Exhibit “D” , in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after:

(
a) Conveyance of said real property by Seller to City as hereinabove provided;

(b) Acceptance by City of a Grant Deed conveying said real property to City; EXHIBIT 2

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(c) Delivery to City of the policy of title insurance as hereinabove provided;

(d) Recordation of the Deed conveying said real property to City.

7. P
ossession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property.

a. N
o later than fourteen ( 14) days after the close of escrow, Seller shall have removed all merchandise, inventory, equipment, personal property, and/or removable trade fixtures from the Property. Any merchandise, inventory, equipment, personal propert y, and/or removable trade fixtures at the Property as of fourteen ( 14) days after the close of escrow shall be deemed abandoned by Seller on that date.

8. R
ental and Occupancy By Tenants. Seller acknowledges the presence of tenants at the property.

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

S
eller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements.

Tenants on the property at the time this Agreement is approved shall be eligible for relocation advisory and financial assistance to the extent required by state and/or federal law.

9. W
aivers. 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. H eirs, 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. T ime is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence.

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

EXHIBIT 2

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13. A cknowledgment of Full Benefits and Release.

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

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

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

This acknowledgment and release shall survive the Close of Escrow.

14. N
otices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -25, P.O. Box 1988, in the City of Santa Ana 92701 , County of Orange, S tate of California. The m ailing address of the Seller is P.O. Box 1536, Tustin, CA 92781-1536.

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

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

17. H azardous 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, dis charge, 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 EXHIBIT 2

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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. S ection 6901 et seq. 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. S ection 9601 et seq. .

18. C ompliance 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. I
ndemnity . 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 cl aim, 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).

20. C
ontingency . 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. M odification and Amendment . This PSA may not be modified or amended except in writing signed by the Seller and City.

22. P artial 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. C
aptions. 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. G overning Law . This PSA s hall be governed by and construed in accordance with the laws of the State of California.

25. N o 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 EXHIBIT 2

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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. N o 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. D uty 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. A
pplicability 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. A uthority to Execute Agreement . Eac h 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. I
ncorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA.

IN
WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above.

[signature blocks appear on next page]
EXHIBIT 2

City Council
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SELLER:

____________________________________ Date: ________________, 2023 Sheila Soledad Alvarez
President, Garnsey Corp
DRE No. 01843338

____________________________________ Date: ________________, 2023

City/Buyer:

City of Santa Ana

___________________________________ Date: ________________, 2023 Kristine Ridge
City Manager

Attest:

__________________________________ Date: ________________, 2023

City Clerk

Approved as to Form:

_________________________________ Date: _________________, 2023 John M. Funk
Chief Assistant City Attorney

RECOMMENDED FOR APPROVAL:

_________________________________ Date: _________________, 2023 Michael L. Garcia
Executive Director
Community Development Agency
sheila alvarez (Feb 23, 2023 21:01 PST)
Feb 23, 2023
March 21
EXHIBIT 2

City Council
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EXHIBIT “A”

LEGAL DESRIPTION OF PROPERTY
Legal Description of 843 North Garnsey, Santa Ana, CA 92701

EXHIBIT 2

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EXHIBIT “B” (Golden Coast Escrow)

GENERAL ESCROW PROVISIONS

EXHIBIT 2

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EXHIBIT “C”

GRANT DEED

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. N.
005-142-02

R/W MAP
NUMBER

PROJECT
NUMBER

843 North Garnsey Street, Santa Ana, CA 92701

DEED NUMBER

GRANT DEED

FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,

Garnsey Corp, a Delaware Corporation

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 purposes, all that real property in the City of Santa Ana, Orange County, State of California, located at 843 North Garnsey Street, Santa Ana, CA 92701, described as follows:

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

Dated :

By:

Dated :

By:

sheila alvarez (Feb 23, 2023 21:01 PST)
Feb 23, 2023
EXHIBIT 2

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EXHIBIT “A”

EXHIBIT 2

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ACKNOWLEDGEMENT

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.

STATE OF CALIFORNIA )

COUNTY OF )

On _______________ before me, __________________________________________________, Notary Public, personally appeared ________________________________________________, who proved to me on the basis of satisfactory evidence to be the pers on(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.

Signature ________________________ (Seal)

EXHIBIT 2

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EXHIBIT “D”

AMERICAN RESCUE PLAN ACT FINDINGS

The Purchase Price includes the use of American Rescue Plan Act funds that pursuant to 31 C.F.R. Section

35.6(b)(3)(ii)(A)(11) should be for “A program, service, capital expenditure, or other assistance that is provided to a disproportionately impacted household, population, or community” that meets the following purpose(s):
( iii) Investments in communities to promote improved health outcomes and public safety such as parks, recreation facilities, and programs that increase access to healthy foods.

The proposed park/open space for which this parcel is being acquired has total capital expenditures of greater than or equal to $1 Million, but less than $10 million has the following written justifications:

The proposed park/open space was detailed as Project 22- 1342: Addition of Park/Open Space – Site Acquisitions, Expenditure Category: 2.22, Strong Healthy Communities: Neighborhood Features that Promote Health and Safety in The City of Santa Ana 2022 Recovery Plan Performance Report.

The project goal is to purchase additional open space for the 10th/Flower Properties for the development of a park with Outcome Measures to create additional open space that promotes health and safety.

Project 22- 1342 is in Q ualified Census Tract 750.02 and was identified as providing Services to Disproportionately Impacted Communities (EC 3) to allow the addition of a park/open space area that will consist of an expansion of green space and allow for healthy activities for our community members to participate in; and would improve the health and wellbeing of residents through exercise and activity.

EXHIBIT 2

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843 N Garnsey contract 0220223
Final Audit Report 2023-02-24
Created: 2023-02-24
By: Perla Zuniga ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA56CN5eT43a4yo_bJqMGBnl-BzXqNWogU "843 N Garnsey contract 0220223" History
Document created by Perla Zuniga ([email protected]) 2023-02-24 - 0:47:41 AM GMT- IP address: 98.153.69.210
Document emailed to sheila alvarez ([email protected]) for signature 2023-02-24 - 0:51:37 AM GMT
Email viewed by sheila alvarez ([email protected]) 2023-02-24 - 4:35:37 AM GMT- IP address: 104.28.85.126
Document e-signed by sheila alvarez ([email protected]) Signature Date: 2023-02-24 - 5:01:29 AM GMT - Time Source: server- IP address: 172.89.32.236 Agreement completed.
2023-02-24 - 5:01:29 AM GMT
EXHIBIT 2

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Seller(s) Initials ____________________________ Buyer(s) Initials ____________________________

130 Centennial Way #D•Tustin, CA 92780
Phone (714) 884-3282 Fax (714) 384-7581
(714) 884-3273 Cell(949)378-9312
www.goldencoastescrow.com
[email protected]

Date: 2/24/2023 Escrow No.: 4484-LG Escrow Officer: Lucia Guzman THIS DOCUMENT WILL AFFECT YOUR LEGAL RIGHTS – READ IT CAREFULLY! These Supplemental Escrow Instructions are not Intended to supersede the certain Purchase Agreement and Escrow Instructions dated 2/24/2023, but are for the purpose of procedures in order for the Escrow Officers to be able to transfer the ownership of the property from the Sellers to the Buyers in an administrative way.

SUPPLEMENTAL CASH ESCROW INSTRUCTIONS & GENERAL PROVISIONS

Prior to the expiration of the time specified in this paragraph, Buyer(s) and/or Seller(s) will hand Escrow Holder, or cause to be handed to Escrow Holder , all funds and/or documents, required from Buyer(s) and/or Seller(s) to enable you to comply with these instructions, all of which Escrow Holder is authorized to use and/or deliver on 2/28/2023, provided that ou r title insurer, Ticor Title Company , has advised you that they are in a position to issue an Owner's Policy of Title Insurance in the issuing title company's usual form (as specified in with a liability of not less than the total consideration of $750,000.00, and insuring title to Real Property described as:

All that certain real property situated in the County of Orange, State of California described as follows:

See Attached, Exhibit 'A', made a part hereof

APN# 005-142-02

Commonly known as: (Escrow Holder shall not be concerned nor liable for the verification of said address)

843 N Garnsey St, Santa Ana , CA 92701

For purposes of this transaction the BUYER(S)
Buyer(s) complete vesting is to be provided to Escrow Holder For purposes of this transaction the SELLER(S) is shown as Fee title to the property subject of this escrow is vested in: The undersigned Seller(s) amend the Residential Purchase Agreement and Joint Escrow Instructions (and Receipt for Deposit) to provide for the above referenced vested party(ies) as the Sellers.

Buyer and Seller confirm that for the proposes of this escrow, the Escrow Holder shall be Golden Coast Escrow, Inc. and Title Company shall be Ticor Title Company for this transaction.

Free from Encumbrances EXCEPT:

1. Current general and special taxes for the fiscal year in which this escrow closes, and taxes for the ensuing year, if any, a lien not yet due and payable.

2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 (commencing with Section 75) of

Buyer has handed Escrow Holder an initial deposit in the amount of Buyer will deposit with Escrow Holder and additional deposit On or before 2/28/2023 in the amount of

TOTAL CONSIDERATION

0.00 750,000.00

$ 750,000.00
EXHIBIT 2

City Council
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Date: 2/24/2023 RE: Escrow No. 4484-LG

Seller(s) Initials ____________________________ Buyer(s) Initials ____________________________

the California Revenue and Taxation Code, all bonds and assessments levied or assessed subsequent to the date of these instructions.

3. Covenants, conditions, restrictions, reservations, rights, rights of way, easements and the exception or reservation of water, oil, gas, minerals, carbons, hydr ocarbons or kindred substances on or under said land, now of record, if any, or in the Deed to file.

4. A First Deed of Trust, to record, in the amount of $0.00, in favor of lender of Buyers choice.

5. A Second Deed of Trust, to record, in the amount of $0.00, in favor of lender of Buyers choice.

ADDITIONAL INSTRUCTIONS

The following items are shown in these instructions for clarification purposes, due to the fact that the original contract deposited into escrow contained blanks within the instructions to escrow holder:

INITIAL DEPOSIT(S), INCREASED DEPOSIT(S), BALANCE OF DOWN PAYMENT, AND CLOSING FUNDS DEPOSIT(S):

Buyer and Seller herein acknowledge that Escrow H older’s acceptance of DEPOSIT FUNDS shall be limited/restricted to deposits made by wire transfer.

Costs and Charges: Buyer(s) hereby agree(s) to p ay the following fees and charges through escrow: Buyer’s Escrow Fee, Loan-Tie in fee, if applicable, Recording Fees, Notar y Fees, Lender's Policy of Title Insurance, Lender's Fees as required, Federal Express/Delivery Fees if any, and all additional fees/ charges as set forth in the Estimated Escrow Statement to be executed. Seller(s) hereby agree(s) to pay the following fees and charges through escrow: Recording Fees, Notary Fees, Owner's Policy of Title Insurance, Seller’s Escrow Fee , Document Preparation, County Transfer Tax, Federal Express, Delivery Fees, if any, Beneficiary Statement(s) and/or Demand(s) tog ether with any amounts necessary to place title in condition called for, Commissions and any/all additional fees/charges as set forth in the Estimated Escrow Statement to be executed. Golden Coast Escrow, Inc. may be required to advance fun ds into this escrow, in order to expedite the processing of this transaction. All funds advanced shall be reimbursed to Golden Coast Escrow, Inc. at the closing of this escrow or upon the cancellation of this escrow, from the appropriate party(ies).

Fire Insurance: Buyer herein will deposit with Escrow Holder, prior to the close of escrow, a new hazard insurance policy, acceptable to New Lender. Escrow Holder is instructed to charge Buyer and pay premium as billed at close of escrow, unless, prior to close of escrow, a paid receipt for same is Provided to Escrow Holder.

Preliminary Title Report Approval: This escrow is subject to the Bu yer's approval of the preliminary report issued by the title company in this transaction. Buyer will be provided with a separate prelim approval letter by the escrow holder and prelim shall be deemed approved and this condition shall be satisfied.

Cancellation of Escrow: AS A CONDITION OF ESCROW HOLDER ACCEPTING THE ESCROW AGENCY

CREATED BY THE AGREEMENT A ND THE SUPPLEMENTAL ESCROW INSTRUCTIONS, BUYER AND

SELLER ACKNOWLEDGE THEY UNDERSTAND AND CONSENT THAT REGARDLESS OF THE

CONSUMMATION OF THIS TRANSACTIO N, ESCROW HOLDER'S MINIMUM CLERICAL FEE FOR THE

PREPARATION OF THESE SUPPLEMENTAL INSTRUCTIONS AND ANY A DDITIONAL DOCUMENTS HERETO SHALL BE NOT LESS THAN $2 50.00. ALL PARTIES FURTHER UNDERSTAND THAT ADDITIONAL FEES MAY ALSO BE CHARGED AS A RESULT OF THE CANCELLATION OF ESCROW.

GENERAL PROVISIONS
IMPORTANT – PLEASE READ CAREFULLY

1. Execution & Delivery of Escrow Instructions
These instructions may be executed in counterparts and said counterparts together will constitute one and the same EXHIBIT 2

City Council
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Date: 2/24/2023 RE: Escrow No. 4484-LG

Seller(s) Initials ____________________________ Buyer(s) Initials ____________________________

instrument. In the event that the parties hereto utilize facsimile or electronically transmitted instructions to Escrow Holder, and said parties hereby instruct Escrow Holder to rely upon such instructions as if they were originals. Any amendments and supplements to these instructions must be in writing and shall only be effective when executed and delivered to Escrow Holder. Escrow Holder shall not be concerned with nor have any obligations with respect to items designated as memoranda in these instructions or with any other agreement or contract between the parties to this escrow.

2. Deposit of Funds
(i) All funds received in this escrow will be deposited with other escrow funds in one or more non-interest-bearing escrow accounts of Escrow Holder in a financial institution selected by Escrow Holder. Escrow Holder shall not be responsible and shall have no liability for any delay in cl osing this escrow if the funds deposited in this escrow are not available for immediate withdrawal as a matter of right following deposit in such financial institution. (ii) Depositor has the opportunity to earn interest on the funds deposit with escrow holder through a deposit account arrangement that Escrow Holder has established with one of its financial institutions. The interest rate for these accounts varies between financial institutions, fluctuates periodically based on market conditions and other factors, and may change prior to or during the time depositor funds are on deposit. Depositor will not have an opportunity to earn interest on any funds deposited by a lender. (iii) If Depositor elected to earn interest through this special account arrangement, Escrow Holder will charge Depositor an additional fee of $50.00 for the establishment and maintenance of the account. This fee compensates Escrow Holder for the costs associated with opening and managing the interest -bearing account, preparing correspondence documentation, transferring funds, maintaining appropriate records for audit/reconciliation purposes and filing any required tax withholding statements. It is important that Depositor consider this cost in a decision since the cost may exceed the interest ear ned. If depositor is interested in having funds deposited in an interest-bearing account, please contact the escrow holder. (iv) If depositor does not elect to have funds deposited in an interest-bearing account. All funds (together with any funds deposited by a lender) will be held in Escrow Holder’s general escrow trust account. The general escrow trust account is restricted and protected against claims by third parties or creditors of Escrow Holder. Escrow Holder and/or its parent company may receive certain direct and indirect financial benefits from the financial institution as a result of maintaining the general escrow trust account. These benefits may include, without limitation, credits allowed by such financial institution on loans to Escrow Holder and/or its parent company and earnings on investments made with the proceeds of such loans, as well as accounting, reporting and other services and products of such financial institution. Escrow Holder shall have no obligation to account to the parties to this escrow in any manner for the value of, or to pay to any party, any benefit received by Escrow Holder and/or its parent company. Any such benefits shall be deemed additional compensation of Escrow Holder for its services in connection with this escrow. Some or all of these benefits may be deemed interest due depositor under California Insurance Code Section 12413.5. As indicated above, depositor may elect to have funds placed in a separate, interest-bearing account and receive the benefits there from, but will be required to pay Escrow Holder an additional fee for this service. Alternatively, depositor may leave funds in the general escrow trust account and thereby authorize Escrow Holder to keep the benefits it and/or its parent company receives from the financial institution. In either event, depositor understands and agree that Escrow Holder and/or its parent company may receive and retain for their sole benefit any and all benefits derived from the general escrow trust account prior to the deposit of depositors funds in an interest-bearing account and following the withdrawal of funds from such interest- bearing account (normally two business days prior to the close of escrow). (v) All parties depositing funds in connection with this escrow are hereby notified that the funds so deposited are insured only to the limit provided by the Federal Deposit Insurance Corporation. (vi) Funds deposited by a lender are ordinarily deposited to escrow one or two days prior to closing. Depositor should be aware that the lender may begin charging interest on the loan from the date loan funds are deposited into Escrow Holder’s escrow trust account.

3. Good Funds Law – California Insurance Code §12413.1
All parties are aware and understand that California Insurance Code §12413.1 mandates that funds deposited into an escrow must be collected and available for withdrawal PRIOR TO DISBURSEMENT. The determination of the availability of funds is set forth as follows:
(i) ELECTRONIC TRANSFERS ("wired funds") are available for SAME DAY disbursement.

4. Prorations: All adjustments and prorations called for in this escrow shall be made on the basis of a thirty (30) day month, unless otherwise instructed in writing.

5. Oral instructions: Escrow Holder are authorized to accept oral instructions from the parties' real estate broker(s), real estate agent(s), Lender(s) or Lender's agent(s) concerning the preparation of escrow instructions, amendments or supplements. However, Escrow Holder will not to act upon any instruction so delivered until received the same in writing signed by all parties to this escrow.

6. Loan Terms: Golden Coast Escrow, Inc. is not to be responsible in any way whatsoever nor to be concerned with the terms of any new loan or the content of any loan documents obtained by any party in connection with this escrow except to order such loan documents into the escrow file, transmit the loan documents to Buyer for execution and trans mit the executed loan documents to Lender. The parties understand and agree that Escrow Holder is not involved nor to be concerned with the approval and/or processing of any loan or the contents and effect of loan documents prepared by a Lender.

EXHIBIT 2

City Council
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Date: 2/24/2023 RE: Escrow No. 4484-LG

Seller(s) Initials ____________________________ Buyer(s) Initials ____________________________

7. Facsimile/Electronic Signature Certification: The Residential Purchase Contract and Joint Escrow Instruction s along with any supplements, addendums or counter offers made a part thereof (Agreement), and bearing Electronic Signature(s) is a true, and complete cop y of the Agreement entered into for the purchase of real property described herein and Escrow Holder is hereby authorized and instructed to rely upon said Electronic Signatures based upon the following certification.
(i) The undersigned consented to the use of electronic records and signature in the creation and execution of the Agreement and subsequent addenda to the agreement. If applicable. (ii) The undersigned did sign the Agreement using an electronic signature. (iii) The undersigned was given the opportunity to keep a copy of the signed Agreement at the time the agreement was signed.
(iv) The Electronic Signatures comply with the standards and requirement of the Federal Electronic Signatures in Global and National commerce Act (E-Sign) and, if applicable, the Uniform Electronic Transaction Act (UETA) adopted by the state in which the Electronic Signature is initiated and the Agreement in fully enforceable and legally binding in accordance with their terms.
(v) The undersigned is signing this certification to indemnify and hold harmless the Escrow Holder from any past, present, or future loss that may occur from relying upon and accepting the Agreement with the electronic signatures affixed thereto.

8. Escrow Holder is hereby authorized and instructed that, in the event any par ty utilizes email or “facsimile” transmitted signed documents or instructions to Escrow Holder, Escrow Holder is to rely on the same for all escrow instruction purposes and the closing of escrow as if they are original signatures. “Electronic Signature” me ans, as applicable, an electronic copy or signature complying with California Law.

9. Instructions not to Supersede: These escrow instructions are executed for the sole purpose of enabling the Escrow Holder to complete this transaction, and are not intende d to amend, modify, supersede or in any way change that certain agreement entered into by the parties hereto and dated prior to these escrow instructions. Golden Coast Escrow, Inc., its officers and/or employees shall not be concerned with said agreement or any matters as contained therein and is responsible only for such matters as are specifically set out above in the instruction.

10. Special Recording; Late Confirmation of Recording
Seller’s proceeds may not be available, and encumbrances may not be paid off, until the first business day following the day of recording if 1) documents recorded at close of escrow are recorded later in the day than 8:00 a.m. (which is called a “special recording”) or if 2) the County Recorder does not provide confirmation of recording within sufficient time to allow same-day disbursement of funds by wire or check.

11. IRS 1099 REPORTING: As a condition of Escrow Holder’s agreement to process this transaction, certain information must be provided by the Seller(s)/Transferor(s) to Escrow Holder before the date of closing. Under the Tax Reform Act, Internal Revenue Service Code Section 6045(e), Escrow Holder will report the gross proceeds of an ownership interest in reportable real estate to the Internal Revenue Service (“IRS”). The Seller/Transferor is required by law to furnish a correct Taxpayer Identification Number (“TIN”) or Social Security Number to Escrow Holder. The Seller/Transferor is aware that the failure to do so may subject the Seller/Transferor to civil or criminal penalties. Each Seller/Transferor must provide a permanent address to which the Escrow Holder can mail the IRS Form 1099-S following the close of escrow.

12. Disbursement of Funds: Any funds disbursed during or on the close of escrow will be issued jo intly to the parties designated as payees unless escrow holder is instructed otherwise in writing b y all designated payees. The funds representing loan and/or sale proceeds will be disbursed jointly to all persons who were the record owners of the real property that is the subject of the escrow. All disbursements of funds and/or delivery of other documents or instruments concerning this escrow will be mailed to the Entitled parties by regular first class mail, postage prepaid, at their respective addresses shown on file. However at Escrow Holders discretion, Buyer or Seller may send funds and/or other instruments or documents by certified or registered mail, federal express, messenger or facsimile machine, in which case the party for whom the delivery was made agrees to pay the costs. The provisions of this paragraph include, but are not limited to, r equests for demand statements, requests for beneficiary Statements, requests for homeowners' association statements or any other requests may deem necessary for the timely closing of this escrow. Escrow Holder is to instruct the county recorder to mail recorded documents to the entitled parties at their respective addresses. Escrow Holder is to instruct the title company to mail the title policy(s) to the Lender(s) or Buyer(s) as appropriate.

13. No Disclosures warranties: The parties acknowledge that depe nding on the type (Commercial or Residential) and location (City) of real property involved in this escrow, there may be disclosure(s) as well as civil ordin ance requirement(s) that would affect the transfer of the real property. Escrow Holder urges both p arties to seek appropriate counsel from an attorney or licensed real estate broker to ascertain what disclosures, certificates and/or civil ordinances, if any, need to be complied with prior to the close of escrow, and outside of the escrow between the par ties. The parties’ signature upon these instructions shall be deemed evidence to the Escrow Holder that the parties have obtained independent counsel, are aware of any disclosures/civil ordinance requirements and will comply with same outside of this escrow. Unless otherwise instructed in writing Escrow Holder has no responsibility or liability in connection with any such EXHIBIT 2

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Date: 2/24/2023 RE: Escrow No. 4484-LG

Seller(s) Initials ____________________________ Buyer(s) Initials ____________________________

disclosures or requirements;

14. Payment of Cost(S) Incurred Prior to close of Escrow: Buyer and Seller are aware Golden Coast Escrow, Inc. may incur certain expenses during the course of processing this escrow, which must be paid prior to the close of escrow. Such costs may include but are not limited to, credit report and appraisal fees, demand request fees, homeowner’s association document fees, courier fees, overnight mail service and city building reports, if applicable. Escrow Holder is authorized and instructed to release funds for payment of such costs, prior to the close of escrow, from funds d eposited into escrow by Buyer. Said funds will only be released upon execution of an amendment sig ned by Buyer and Seller indicating the amount and payee. Both Buyer and Seller acknow ledge and accept that said funds are not refundable, whether this escrow closes or cancels. H owever, at close of escrow, Escrow Holder is authorized and instructed to charge the appropriate party for costs incurred, and is released from any and all liabili ty in connection with complying with this instruction.

15. Responsibilities: The parties agree t hat Escrow Holder has the responsibilities of an escrow holder only and there are no other legal relationships established in the terms and conditions of the escro w instructions. In connection with this escrow: (1) Escrow Holder shall have no duty or responsibility of notifying any of the parties to this escrow of any sale, resale, loan, exchange or other transaction involving any of the subject real property or personal property; (2) Escrow Holder shall have no responsibility or duty to dis close any benefit, including, but not limited to financial gain, realized by any person, firm or corporation involving any of the subject real property or persona l property; and (3) Escrow Holder shall have no responsibility or duty to disclose any prof it realized by any person, firm or corporation including, but not limited to, any real estate broker, real estate sales agent and/or a party to any other escro w, in connection therewith, although such other transaction may be handled by Escrow Holder in th is escrow or in another escrow transaction. If, however, Escrow Holder is instructed in writing by any party, Lender or other entitled person to disclose any sale, resale, loan exchange or other transaction involving any of the subject real property or personal property or any profit realized by any person, firm or corporation to any party to this escrow, Escrow Holder shall do so without incu rring any liability to any party. Escrow Holder shall not be liable for any acts or omission done in good faith for any claims, demands, losses or damages made or suffered by any party to this escrow, excepting such as may arise through or be caused by Escrow Holder willful neglect or gross misconduct.

16. Disclosure Reports: Escrow Holder is not to be concerned with disclosures made by the parties to each other. In the event Escrow Holder receives any disclosure reports requiring signatures or approval by a party, Escrow Holder’s only responsibility will be to forward the report to the appropriate party.

17. Golden Coast Escrow, Inc. shall not be responsible for the following: (1) the sufficiency or correctness as to form, manner of execution or validity of any documents deposited in this escrow; (2) the identity, authority , or right of any person executing the same, either as to documents of record or those handled in this escrow; or (3) the failure of any party to comply with any of t he provisions of any agreement, contract or other instrument flied or deposited in thi s escrow or referred to in these escrow instructions. Escrow Holder duties shall be limited to the safekeeping of money and documents received by escrow holder, and for the disposition in compliance with the written instructions accepted by Escrow Holder in this escrow. Escrow Holder shall not be required to take any action regarding the collection, maturity, or apparent outlaw of any obligations deposited with Escrow Holder unless otherwise instructed in writing. Escrow Holder shall not be liable for an y acts or omissions done in good faith, nor for any claims, demands ,losses or damages made, claimed or suffered by any party to this escrow, excepting such as may arise.

18. FIRPTA-Withholding: FIRPTA-WITHHOLDING, The sale of a U.S. real property interest by a foreign person is subject to the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) income tax withholding. Persons purchasing U.S. real property interests from foreign persons, certain purchasers' holders, and settlement officers are requir ed to withhold 10 % of the amount realized. Withholding is intended to ensure U.S. taxation of gains realized on disposition of such interests. The Buyer shall remain th e withholding holder notwithstanding any act by the Escrow Holder. The Buyer must find out if Seller is a foreign person. If Seller is a foreign person and Buyer fails to withhold, the Buyer may be held liable for the tax. Seller and Buyer agree to execute and deliver to Escrow Holder any instrument, affidavit and statement or to perform any act reasonably necessary to carry out the provisions of FIRPTA and regulations promulgated there under.

Seller herein certifies under penalty of perjury, that the infor mation provided on said form is true, correct and complete.

Buyer and Seller hereby agr ee to hold Escrow Holder harmless and indemnify Escrow Holder regarding compliance with this instruction.

19. Cal FIRPTA State Tax Withholding: Notifications to Buyer and Seller Regarding California Tax Withholding on the Sale of Real Property Certain Seller s are exe mpt from withholding. Each Party must seek independent tax advice from a professional. California Revenue and Taxation Code Section 18662 (as amended) requires prepayment of income tax by withholding 3-1/3% of the total sales price on real propert y for ind ividuals and non -individual sellers of real property, whether resident or non-resident. Alternatively, a Seller may elect to withhold on the gain on the sale an d based on the applicable withholding rates effective at the close of escrow. For more information, Buyers and Sellers should refer to Form 593 and 593 Booklet, Real Estate Withholding Certificate and Computation of Estimated Gain or Loss from the California Franchise Tax Board. Withholding is also required for real estate foreclosures and short sale transactions unless any exemptions certified on Form 593 apply, or the sale qualifies under the automatic exclusions. For more information on real estate forec losures and short sale transactions, refer to Publication 1016, Real Estate Withholding Guidelines by the California Franchise Tax Board. Any further questions regarding Withholding Requirements for Sale of California Real Estate may be answered by seeking independent professional tax advice or at http://www.ftb.ca.gov/individuals/wsc/ California_Real_Estate.shtml. The parties acknowledge that Escrow Holder is under no duty to take action regarding EXHIBIT 2

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Date: 2/24/2023 RE: Escrow No. 4484-LG

Seller(s) Initials ____________________________ Buyer(s) Initials ____________________________

withholding without further mutual written instructions of Buyer and Seller in form satisfactory to Escrow Holder, together with the completion of Franchise Tax Board forms. Section 18662 of California Revenue and Taxation Code (as amended) requires a BUYER of real property to withhold if the Seller’s exemption is not met. If withholding is not mad e Buyer may become subject to a penalty in the amount equal to the greater of 10% of the amount required to be withheld or five hundred dollars ($500.00). For additional information, contact: FRANCHISE TAX BOARD, WITHHOLD AT SOURCE UNIT, P.O. BOX 651, SACR AMENTO, CA 95812-0651, PHONE: (916) 845 -4900 OR Toll Free AT (888) 792 -4900. Seller and Buyer hereby agree to comply with Section 18662 of California Revenue and Taxatio n Code (as amended), and Seller shall cause to be deposited into escrow such forms that may be necessary for the parties hereto to be in compliance with said tax code, as expanded. The parties agree to hold Escrow Holder harmless and indemnify Escrow Holde r for complying with any CAL-FIRPTA instruction or any third-party claims that may arise.

20. Buyer and Seller due dates: If the date by which Buyer's or Seller's performances are due shall be other than a regular business day, such performances shall be due on the next succeeding business day.

21. Personal Property Title Search: Golden Coast Escrow, Inc. shall conduct no lien or title search of personal property regarding the sale or transfer of any personal property through this escrow . Should the party(ies) desire that Escrow Holder conduct a lien or title search of pe rsonal property, the party(ies) requesting the same shall deliver separate and specific written escrow instructions to Escrow Holder along with an agreement to pay any additional escrow fees.

22. Not to be concerned with usury of loan: Golden Coast Escrow, Inc. shall not be responsibl e in any way whatsoever nor are to be concerned with any question of usury in any loan or encumbrance, whether new or of record, whic h may arise during the processing of this escrow.

23. Provide Title: Golden Coast Escrow, Inc. are instructed to provide title to the subject real property in the condition identified in the escrow instructions by the parties. Escrow Holder is not responsible for the contents or accuracy of any beneficiary demands and/or b eneficiary statements delivered to Escrow Holder by the existing lien holders. Escrow Holder is not required to submit any such beneficiary statement and/or ben eficiary demand to the party(ies) for approval before the close of es crow unless expressly instructed to do so in writing. Should the party(ies) desire to pre -approve any such beneficiary statement and/or beneficiary demand, the party(ies) requesting the same shall deliver separate and specific written escrow instructions to Escrow Holder.

24. Loan terms or Loan Document content: Golden Coast Escrow, Inc. are not to be responsible in any way whatsoever nor to be concerned with the term s of any new loan or the content of any loan documents obtaine d by any party in connect ion with this escrow except to order such loan documents into the escrow file, transmit the loan documents to Buyer for execution and transmit the executed loan docu ments to Lender. The parties understand and agree that Escrow Holder is not involved n or concerned with the approval and/or processing of any loan or the contents and effect of loan documents prepared by a Lender.

25. Third-Party Claims: The parties express ly indemnity and hold Escrow Holder harmless against third -party claims for any fees, co sts or expenses where Escrow Holder has acted in good faith, with reasonable care and prudence and/or in compliance with these escrow instructions.

26. Escrow Holder only: The parties agree that Golden Coast Escrow, Inc. have the responsibilities of an escrow holder only and there are no other legal relationships established in the terms and conditions of the escrow instructions. In connection with this escrow: (1) Escrow Holder shall have no duty or responsib ility of notifying any of the parties to this escrow of any sale, resale, loan, exchange or other transaction involving any of the subject real property or personal property; (2) Escrow Hol der shall have no responsibility or duty to disclose any benefit, including, but not limited to financial gain, realized by any person, firm or corporation involving any of the subject real property or personal property; and Escrow Holder (3) shall have no responsibility or duty to disclose any profit reali zed by any person, firm or c orporation including, but not limited to, any real estate broker, real estate sales agent and/or a party to any other escrow, in connection therewith, although such ot her transaction may be handled by Escrow Holder in this escrow or in another escrow transaction. If, however, Escrow Holder is instructed in writing by any party, Lender or other entitled person to disclose any sale, resale, loan exchange or other transaction involving any of the subject real property or personal property or any profit realized by any person, firm or corporation to any party to this escrow, Escrow Holder shall do so without incurring any liability to any party. Escrow Holder shall not be liable for any acts or omission done in good faith nor for any claims, demands, losses or damages made or suffered by any party to this escrow, excepting such as may arise through or be caused by Escrow Holder willful neglect or gross misconduct.

27. (6) Month period: Escrow holder agency sha ll terminate six (6) months f ollowing the date last set for close of escrow and shall be subject to earlier termination by receipt by Escrow Holder of mutually executed cancellation instructions. If this escrow was not closed or canceled within th e described six (6) month per iod, Escrow Holder shall have no further obligations as escrow holder except to disburse funds and documents pursuant to written escrow instructions and to interplead or otherwise dispose of funds and documents in accordance with a validly issued and validly served order from a court of competent jurisdiction. If the conditions of this escrow have not been complied with at the expiration date i n these escrow instructions, Escrow Holder is instructed to complete the conditions at the earliest possible date, unless Buyer EXHIBIT 2

City Council
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23 4/4/2023

Date: 2/24/2023 RE: Escrow No. 4484-LG

Seller(s) Initials ____________________________ Buyer(s) Initials ____________________________

or Seller have made written demand upon Escrow Holder for the return of the funds and/or instruments deposited by Buyer or Seller and/or for cancellation of this escrow. Should demands be made upon Escrow Holder, may withhold and stop all further proceedings in this escrow without liability for interest on funds held or for damages until mutual cancellation instructions signed by all parties shall have been deposited with Escrow Holder. The parties, jointly and several ly, agree that, if this escrow cancels or is otherwise terminated and not closed, the parties shall pay for any costs and expenses which Escrow Holder has incurred or have become obligated for under these escrow instructio ns, including but not limited to, attorneys' fees and reasonable escrow fees for the services rendered by Escrow Holder, and the parties agree that such costs and expenses shall be paid and depos ited in escrow before any cancellation or other terminat ion of this escrow is eff ective. The parties agree that said charges for expenses costs and fees may be unilaterally or bilaterally apportioned between Buyer and Seller in a manner which, i n Escrow Holders sole discretion, and consider equitable, in an amount not less tha n $250.00 and not greater than the amount of the entire escrow fee, to be determined by Escrow Holder, and that the decision will be binding and conclusive upon the pa rties. Upon receipt of mutual cancellation instructions or a final order or judgm ent of a court of competent jurisdiction with accompanying writs of execution, levies or garnishments, Escrow Holder is instructed to disburse the escrow funds and instruments in accordance with such cancellation instr uctions, order or judgment a nd accompanying writ and this escrow shall, without further notice, be considered terminated and canceled.

28. Parties shall cooperate: The parties shall cooperate with Escrow Holder in carrying out the escrow instructions deposited with Escrow Holder completing this escrow. The parties shall deposit into escrow, upon request, any additional funds instruments, documents, instructions, authorizations, or other items t hat are reasonably necessary to enable Escrow Holder to c omply with demands made on Escrow Holder by third parties, to secure policies of title insurance, or to otherwise carry out the terms of their instructions and close this escrow. If conflict ing demands or notices are made or served upon Escrow Holder, or any controversy arise s between the parties or with any third person arising out of or relating to this escrow, Escrow Holder shall have the absolute right to withhold and stop all furt her proceedings in, and in performance of, this escrow un til Escrow Holder has received written notification satisfactory to Escrow Holder of the settlement of the controversy by written agreement of the parties, or by the final order or judgment of a cou rt of competent jurisdiction. All of the parties to t his escrow, jointly and sever ally, promise to pay promptly on demand, as well as to indemnify Escrow Holder and to hold Escrow Holder harmless from and against all administrative governmental investigation, audit and legal fees, litigation and interple ader costs, damages, judgment s, attorneys' fees, expenses, obligations and liabilities of every kind (collectively "costs") which in good faith Escrow Holder may incur or suffer in connection with o r arising out of this escrow, whether said costs arise during the performance of or subsequent to this escrow, directly or indirectly, and whether at trial or on appeal. Escrow Holder is given a lien upon all the rights, titles and interests of the parties and all escrow papers and other property and monies deposited into this es crow to protect your rights and to indemnity and reimburse Escrow Holder. If the parties do not pay any fees costs or expenses due Escrow Holder under the escrow instructions or do not pay for costs and attorneys' fees incurre d in any litigation or interpleader, on demand, they each agree to pay a reasonable fee for any attorney services which may be required to collect such fees or expenses, whether attorneys' fees are incurred before trial, at trial or on appeal.

29. All Notices, Demands and Instructions m ust be in Writing: No notice, demand, instruction, amendment, supplement or modification to these escrow instructions shall be of any effect in this escrow until delivered in writing to Escrow Holder and mutually e xecuted by all parties. AS S ET FORTH ABOVE, ESCROW HOLDER HAVE NO DUTY TO AND

SHALL NOT VERIFY THE SIGNATURES OF ANY PARTIES OR NON -PARTIES UNLESS FURTHER WRITTEN ESCROW INSTRUCTIONS TO DO SO ARE RECEIVED AND THE ADDITIONAL ESCROW FEES ARE DEPOSITED. Any purported oral instruction, amendment, supplement, modification, notice or demand deposited with Escrow Holder by the parties or either of them shall be ineffective and invalid. Escrow Holder are to be concerned only with the directives expressly set forth in the escrow instruct ions, supplements and amendments thereto and are not to be concerned with nor liable for items designated as memorandum items in the escrow instructions.

30. Authorized del ivery of Escrow Instructions: Golden Coast Escrow, Inc. is authorized to deliver copies of all escrow instructions, supplements and amendments, estimated and final closing statements preliminary title reports, and notices of cancellation, if any, to the real estate broker(s), real estate sal es agent(s), Lender(s), Lenders agent(s) and/or attorneys(s) for the parties, upon the parties' oral or written request. Escrow Holder shall not incur any liability to the parties for delivery of the copies.

31. Cooperation by both parties: The parties shall cooperate with Escrow Holder in carrying out the escrow instructions they deposit with Escrow Holder and completing this escrow. The parties shall deposit into escrow, upon request, any additional funds, instruments, documents, instructions, authorizations, or other items tha t are reasonably necessary to enable Escrow Holder to comply with demands made on Escrow Holder by third parties, to secure policies of title insurance, or to otherwise carry out the terms of their instructions and close this escrow. All parties agree to provide Escrow Holder with a completed “Statement of Information” 7 days, after receipt of said form, as required by the Title Company providing the Title Insurance policies for this transaction.

32. Conflicting Inst ructions and Disputes: If Escrow Holder becomes aware of any conflicting demands or claims concerning this escrow, Escrow Holder shall have the right to discontinue all further acts on Escrow Holder's part until the conflict is resolved to Escrow Holder's satisfaction. Escrow Holder has t he right at its option to file an action in interpleader requiring the parties to litigate their claims/rights. If such an action is filed, the parties jointly and sever ally agree (a) to pay Escrow Holder's cancellation cha rges, costs (including the funds held fees) and reasonable attorneys' EXHIBIT 2

City Council
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24 4/4/2023

Date: 2/24/2023 RE: Escrow No. 4484-LG

Seller(s) Initials ____________________________ Buyer(s) Initials ____________________________

fees, and (b) that Escrow Holder is fully released and discharged from all further obligations under the escrow. If an action is brought involving this escrow and/or Escrow Holder, the party(ies) involved in the action agree to indemnify and hold the Escrow Holder harmless against liabilities, damages and costs incurred by Escrow Holder (including reasonable attorneys' fees and costs) exc ept to the extent that such liabilities, damages an d costs were caused by the gross negligence or willful misconduct of Escrow Holder.

33. Gender: In these escrow instructions, wherever the context so requires, the masculine gender includes the feminine and/or neuter and the singular number includes the plural.

34. Not to give financial advice: The parties acknowledge and understand that Golden Coast Escrow, Inc., as escrow holder, are not authorized to practice the law nor give s financial advice. The parties are advised to seek legal and f inancial counsel and advice concernin g the effect of these escrow instructions. The parties acknowledge that no representations are made by Escrow Holder about the legal sufficiency, legal consequences, fin ancial effects or tax consequences of the within escrow transaction.

35. Disposal of documents: Golden Coast Escrow, Inc. are authorized to destroy or otherwise dispose of any and all documents, papers, escrow instructions, correspondence and r ecords or other material constituting o r pertaining to this escrow at any time after five (5) years from the date of: (1) the close of escrow; (2) the date of cancellation; or (3) the date of the last activity, without liability and without further no tice to the parties. If for any reason, any one party to the transaction request copies of said file in storage from Escrow Holder, there will be a minimum charge of $50.00 required to be deposited prior to the release of requested documentation.

36. Need for Independent Legal, Financial and Tax A dvice: The parties acknowledge and under stand that Escrow Holder, are not authorized to practice law nor does an escrow holder give financial or tax advice. The parties are advised to seek legal, financial and tax advice concerning the effect of these escrow instructions, and the terms and conditions of the purchase and sale transaction. The parties acknowledge that no representations are made by Escrow Holder about the legal sufficiency, legal consequences, financial effects or tax consequences of the within transaction.

37. Loan Payoffs
When a mortgage, deed of trust or tax lien is to be paid off through escrow, Escrow Holder is authorized to pay the payoff demand received from the creditor. Seller/borrower understands that a loan payoff may include a prepayment penalty and other charges.

38. PRIVACY STATEMENT
Effective Date: July 1, 2013

Golden Coast Escrow, Inc. respects the privacy and security of Clients non-public personal information (“Personal Information”) and protecting Clients Personal Information is one of our top priorities . This Privacy Statement explains Golden Coast Escrow, Inc.’s privacy practices, including how we used the Personal Information we receive from the Client and from other specified sources, and to whom it may be disclosed, Golden Coast Escrow, Inc. may share information as described herein.

PERSONAL INFORMATION COLLECTED
We may collect personal information about you from the following sources:
• Information we receive from you on applications or other forms, such as your name , address, social security number, tax identification number, asset information, and income information; • Information we receive from you through our Internet websites, such as your n ame, address, email a ddress, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites;
• Information about your transaction with or services performed by us, our affiliates, or othe rs, such as informati on concerning policy, premiums, payment history, info rmation about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents.

DISCLOSURE OF PERSONAL INFORMATION

We may provide your personal information (excluding information we receive from consumer or other credit reporting agencies) to various individua ls and companies, as permitted by law, without obtain ing your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following:
• To insurance agents, broker s, representatives, s upport organizations, or others to provide you with s ervices you have requested, and to enable to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction;
• To third-party contractors or service providers for the purpose of determini ng your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other gov ernmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or
EXHIBIT 2

City Council
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Date: 2/24/2023 RE: Escrow No. 4484-LG

Seller(s) Initials ____________________________ Buyer(s) Initials ____________________________

• To lenders, lien holders, judgment creditors, or other parties claiming an encum brance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing.

We may also disclose your Personal Informati on to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process.

Disclosure to Affiliated Companies:

We are permitted by law to share your name, address and facts about your transaction with other companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law.

Disclosure to Nonaffiliated Third Parties:

We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law.

CONFIDENTIALITY AND SECURITY OR PERSONAL INFORMATION
We restrict access to Personal Information about the Client to those employees who need to know that information to provide products or services . We maintain physical, electronic , and procedural safeguards that comply with federal regulations to guard Personal Information.

ACCESS TO PERSONAL INFORMATION / REQUESTS FOR CORRECTION, AMENDMENT, OR DELETION OF

PERSONAL INFORMATION
As required by applicable law, E scrow Holder will aff ord the right to access personal information, under c ertain circumstances to find out to who the personal information has been disclosed, and request correction or deletion of personal information. However, Golden Coast Escrow, Inc.’s current policy is to maintain customers’ Personal Information for no less than state’s required retention requirements for the purpose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include notarized signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to:

Chief Privacy Officer
Golden Coast Escrow, Inc.
130 Centennial Way #D
Tustin, CA 92780

CHANGES TO THIS PRIVACY STATEMENT
This Privacy Statement may be amended from time to time consistent with applicable privacy laws. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed.

We, jointly and severally, acknowledge receipt of a complete copy of the within escrow instructions and by our signatures set forth below, acknowledge that we have read and understand and agree to the same in their entirety.

39. Cannabis Please be aware that due to the conflict between Federal and State laws concerning the cultivation, distribution, manufacture or sale of cannabis, this company reserves the right to cancel at any time, any transaction held at Golden Coast Escrow, Inc. , Inc. at Escrow Holder’s discretion, should Escrow Holder become aware of any conflict within said transaction regarding the Federal and State laws concerning cannabis. Escrow Holder is held harmless and released from all liability, monetary or otherwise, from all parties, including, but not limited to Seller, Buyer, Real Estate Brokers/ Agents and Lenders should a conflict arise during escrow or after consummation of said escrow without Escrow Holder’s knowledge.

40. Earnings Credits
Escrow Holder (Golden Coast Escrow, Inc.) receives earning credit from COMMERCE WEST to offset Bank Fees.

BY SIGNING BELOW, EACH PARTY SIGNING THE FOREGOING TERMS CONDITIONS, PROVISIONS AND INSTRUCTIONS

TOGETHER WITH THE GENERAL PROVISIONS SET OUT HEREIN THESE INSTRUCTIONS HAS READ AND APPROVES, ACCEPTS AND AGREES TO BE BOUND. THE UNDERSIGNED BUYER (S) AND SELLER (S) ACKNOWLED GES RECEIPT OF A COPY OF THESE INSTRUCTIONS.

Seller(s)

___________________________________Date________
Garnsey Corp, a Delaware Corp
Buyer(s)

___________________________________Date________
Santa Ana, a Charter City And Municipal Corporat
EXHIBIT 2

City Council
14 –
26 4/4/2023

Date: 2/24/2023 RE: Escrow No. 4484-LG

EXHIBIT 2

City Council
14 –
27 4/4/2023

Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 4, 2023
TOPIC: Agreement with Merritt Studio for Cultura Magazine Design Services

AGENDA TITLE
Approve an Agreement with Merritt Studio in a total agreement amount not to exceed $145,000 to provide Graphic Design Services for the Cultura Publication and Additional Design Services as Needed (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Merritt Studio, LLC to provide graphic design services for the Cultura publication and additional design services as needed, for a three-year term beginning on April 4, 2023 through April 3, 2026 with options for two one-year extensions, and a total agreement amount not to exceed $145,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
After completing the second issue of the piloted Cultura: A Community Connection Guide, staff determined that the community impact of the Cultura magazine is far- reaching and brings substantial value as it promotes the programs and services offered by the Library, Parks and Recreation, and the Zoo. There is a need in the community for continued outreach efforts and program awareness. The magazine publication provides the opportunity for these three services to reach residents.

The City of Santa Ana issued a Request for Proposals (RFP) No. 22-164 (Exhibit 1) for Cultura magazine design services on issued November 17, 2022 with a deadline of November 23, 2022. A summary of the RFP results is below:
•113 vendors notified
•16 Santa Ana vendors notified
•15 vendors downloaded the bid packet
•3 bids received
•0 bids received from Santa Ana vendors

City Council
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1 4/4/2023

Agreement with Merritt Studio for Cultura Magazine Design Services April 4, 2023

3 3
1 8
The staff review committee completed the first review of the three bids during the week of January 9, 2023 and conducted in-person interviews with the top two rated bidders on January 26, 2023. After evaluation, the selection committee decided to move forward with the Notice of Intent to Merritt Studio based on their overall vision for the project and understanding of the Santa Ana culture.

Along with previous work experience in the world of recreation services, Merritt Studio provides a range of experience outside of government entities that the selection committee felt would lead to the Cultura magazine staying modern and up to date with marketing trends. Merritt Studio provides intimate and personalized services as a small business. Communication regarding the design process is streamlined and direct with the President and Creative Director. Staff believes that working with Merritt Studio will lead to the best collaboration and final products.

FISCAL IMPACT
Funds are budgeted and available in the following accounts for the current year and will be budgeted and made available for subsequent years of the initial term.

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 22-23 01113220-
62300
General
Fund
PRCSA-Zoo-Contractual
Services Professional
$2,500
FY 22-23 01113230-
62300
General
Fund
PRCSA-Recreation &
Community Services-
Contractual Services
Professional
$2,500
FY 22-23 01111110-
62300
General
Fund
Library-Administration-
Contractual Services
Professional
$2,250
FY 23-24 01113220-
62300
General
Fund
PRCSA-Zoo-Contractual
Services Professional
$10,000
FY 23-24 01113230-
62300
General
Fund
PRCSA-Recreation &
Community Services-
Contractual Services
Professional
$10,000
FY 23-24 01111110-
62300
General
Fund
Library-Administration-
Contractual Services
Professional
$9,000
FY 24-25 01113220-
62300
General
Fund
PRCSA-Zoo-Contractual
Services Professional
$10,000
FY 24-25 01113230-
62300
General
Fund
PRCSA-Recreation &
Community Services-
$10,000

City Council
15 –
2 4/4/2023

Agreement with Merritt Studio for Cultura Magazine Design Services April 4, 2023

3 3
1 8
Contractual Services
Professional
FY 24-25 01111110-
62300
General
Fund
Library-Administration-
Contractual Services
Professional
$9,000
FY 25-26 01113220-
62300
General
Fund
PRCSA-Zoo-Contractual
Services Professional
$7,500
FY 25-26 01113230-
62300
General
Fund
PRCSA-Recreation &
Community Services-
Contractual Services
Professional
$7,500
FY 25-26 01111110-
62300
General
Fund
Library-Administration-
Contractual Services
Professional
$6,750
Total-Initial Term $87,000
The City has the option to extend the agreement for two, one-year terms. Funds will be budgeted and made available in the following accounts for future years.

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 25-26 01113220-
62300
General
Fund
PRCSA-Zoo-Contractual
Services Professional
$2,500
FY 25-26 01113230-
62300
General
Fund
PRCSA-Recreation &
Community Services-
Contractual Services
Professional
$2,500
FY 25-26 01111110-
62300
General
Fund
Library-Administration-
Contractual Services
Professional
$2,250
FY 26-27 01113220-
62300
General
Fund
PRCSA-Zoo-Contractual
Services Professional
$10,000
FY 26-27 01113230-
62300
General
Fund
PRCSA-Recreation &
Community Services-
Contractual Services
Professional
$10,000
FY 26-27 01111110-
62300
General
Fund
Library-Administration-
Contractual Services
Professional
$9,000
FY 27-28 01113220-
62300
General
Fund
PRCSA-Zoo-Contractual
Services Professional
$7,500
FY 27-28 01113230-
62300
General
Fund
PRCSA-Recreation &
Community Services-
$7,500

City Council
15 –
3 4/4/2023

Agreement with Merritt Studio for Cultura Magazine Design Services April 4, 2023

3 3
1 8
Contractual Services
Professional
FY 27-28 01111110-
62300
General
Fund
Library-Administration-
Contractual Services
Professional
$6,750
Total-Extended Term $58,000
Agreement Total $145,000

EXHIBIT(S)

1. Agreement
Submitted By: Hawk Scott, Executive Director of Parks, Recreation and Community Services
Approved By: Kristine Ridge, City Manager

City Council
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4 4/4/2023

AGREEMENT WITH MERRITT STUDIO TO PROVIDE DESIGN SERVICES THIS AGREEMENT is made and entered into on this 4th day of April, 2023 by and between Merritt Studio, LLC, a California limited liability company (“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 November 17, 2022, the City issued Request for Proposal (“RFP”) No. 22 -164, by which it sought a qualified consultant having special skill and knowledge in the field of design, layout, and translation services to provide the City an activity guide to distribute via print and digital format in different languages.

B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-164.

C. In undertaking the perf ormance 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, during the term of this Agreement, the graphic designs of up to four (4) City publications per year, including content translated into other languages at the sole discretion of the City as well as the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services further described in the scope of work that was included in RFP No. 22-164, which is attached as Exhibit A and incorporated in full, and as further delineated in the 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 during the term of this Agreement , including any extension periods, shall not exceed One Hundred, Forty-Five Thousand Dollars and Zero Cents ($145,000.00). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. c. Payment need not be made for work which fails to meet the standards of performance Exhibit 1

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set forth in the Recitals which may reasonably be expected by City.

3. TERM

This Agreement shall commence on the date first written above and continue until April 3, 2026, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for two (2), one -year periods upon a writing executed by the City Manager and City Attorney.

4. INDEPENDENT CONTRACTOR

Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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 relationsh ip, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. 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 doc uments 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 sub contractor prepares under this Agreement.

Consultant represents an d 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.

6. 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. Professional Liability (Errors and Omissions): insurance appropriate to the Consultant’s profession, with limit n o less than $1,000,000 per occurrence or

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claim. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project (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 of no less than $1,000,000 per accident for bodily injury and property damage.

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

4. Broader Coverage: i f 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 connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

2. Primary Coverage: For any claims related to this contract, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers.

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

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

4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of

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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 the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

The policy language shall provide, or be endorsed to provide, tha t 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.

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 required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.

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

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.

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

7. INDEMNIFICATION

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

8. 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.

9. 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 th e 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 d ocuments 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.

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10. CONFIDENTIALITY

If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less 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 subsi diary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE

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

12. 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.

13. 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.

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14. 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.

15. TERMINATION

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

16. WAIVER

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

17. 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.

18. 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

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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.

19. NOTICE

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

To City:

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

With courtesy copies to:

Executive Director,
Parks, Recreation & Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-571-4211

To Consultant:

Merritt Studio, LLC
Attn: Merritt Devin Dailey
1140 Cerritos Dr.

Fullerton, CA 92835

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 deeme d 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.

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20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

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

ATTEST:

Jennifer Hall
City Clerk
APPROVED AS TO FORM:

SONIAR. CARVALHO
City Attorney
By~~ Br ~atTt;rra
Deputy City Attorney
RECOMMENDED FOR APPROVAL:

Hawk Scott
Executive Director
Parks, Recreation & Community Services Agency

CITY OF SANTA ANA
Kristine Ridge
City Manager
CONSUL TANT:
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By: "'1€/IILITT M'tt-G<
Title: /JN.Bt&JBVf; e1'-7/Yc ,t'//;e..Ee/l)~

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EXHIBIT A

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CITY OF SANTA ANA

RFP No. 22-164 RFP Cultura Magazine Design Services Page 18 of 35

I. SCOPE OF SERVICES

The City of Santa Ana is seeking a graphics artist or design studio to create “ Cultura: A Community Connection Guide” (Cultura), a quarterly magazine that will be posted online, as well as in print for distribution to the Santa Ana Community. Cultura can vary in pages from 30 to 50, including the cover, depending on the content needed at the time of year. A sample of the first issue of Cultura can be found at www.santa-ana.org/cultura. The City may also have a need for general graphic design services for additional projects, as needed (i.e. logos, flyers, brochures, maps, PowerPoint templates, etc.)

A. Desired Services

1. Continue with the design concept set forth with the initial issue of “Cultura”. While the design of the publications do not have to be identical, they should stay consistent with use of colors, fonts or other designs that tie them into the brand of the City.

2. Indicate the number of permissible client reviews allowed under the proposal. The City of Santa Ana prefers a minimum of five (5) drafts and changes. Indicate additional costs for additional drafts and changes if applicable in the proposal.

3. Provide a selection of stock photo files and art available for use at no extra cost. Stock photos used in City publications will be made available to the City for future use. Indicate any extra costs in the proposal.

4. Use of graphics and other design techniques is desirable to create an appealing look or to fill the layout. This may include reorganization of sections/information, fonts, headlines, and consistent graphic elements. Cover design and artwork should include high-resolution photography.

5. The City will provide general direction as to what information should be placed on each page, as well as articles/content and applicable in-house photos.

B. Schedules and Deadlines
The Cultura is scheduled to be published according to the following approximate schedule:

Edition Approximate Publish Date
Summer Beginning to Mid-August
Fall Beginning to Mid-November
Winter Beginning to Mid-February
Spring Beginning to Mid-May

EXHIBIT 1

SCOPE OF SERVICES

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CITY OF SANTA ANA

RFP No. 22-164 RFP Cultura Magazine Design Services Page 19 of 35

C. Publication Process for Cultura

1. The City will lead publication efforts. The nature of the tasks involves ongoing communication between City staff and the graphic artist via email and phone calls to ensure a finished and professional product acceptable by the City.

2. The production timeline for Cultura will span a minimum of 19 calendar days, but may vary based on content or needs, as determined by the Project Manager.

3. Production begins once City staff provides the project content and ends once a digital file is uploaded to the City’s selected printer.

4. The graphic artist/design studio will design and provide a digital PDF proof to the City for review during the review process. City staff will provide the graphic artist all drafts in PDF files for proofing and correction, until publication is approved for sending to printer.

5. The graphic artist will provide files to the printer according to the printer’s specifications or as an acceptable industry standard format. The graphic artist will upload the digital file via a File Transfer Protocol (“FTP”) site to the City’s printer. The graphic artist will communicate the successful transfer of the file via email to the printer and City staff.

6. The graphic artist/design studio will email an electronic PDF version of the news letter for posting on the City’s website.

7. The graphic artist/design studio will ensure all aspects of production are on schedule to meet delivery, print and mailing deadlines. Additionally, the graphic artist/design studio shall maintain open and regular communication with City staff and selected printer.

8. The publication process for other projects will be negotiated on a case -by-case basis with the project manager.

D. Project Management

The City will require one kick-off meeting following contract award. Progress meetings will be scheduled throughout the contract years, if needed. In-person meetings may be required as determined by the City.

E. Additional Individual Services
These services can be priced individually as a la carte items for the proposal but they may or not be included in the final agreement.

1. The City may request additional photography from the graphic artist/design studio.

These services may be performed by the studio directly or they may source out, as needed.

2. The City may have a need for translation services to produce a Spanish and Vietnamese version of the Cultura. This will be determined by the Project Manager, as needed.

These services may be performed by the studio directly or they may source out, as needed.

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CITY OF SANTA ANA

RFP No. 22-164 RFP Cultura Magazine Design Services Page 20 of 35

3. The City may request copywriting for specific items included in the design of the Cultura or other items created for City use by the graphic artist/design studio. This will be determined at the discretion of the Project Manager, as needed.

4. The City may request specific designs and/or illustrations be created for City -use only.

This will be determined at the discretion of the Project Manager, as needed.

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EXHIBIT B

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Merritt Studio RFP - Design Services
1Table of Contents
A Statement of Qualifications ...............2
Firm and Team Experiences ..............3
Proposed Work Plan ......................... 4
B Cost Proposal .....................................6
C Certifications ..................................... 7 A .......................................................7 B .......................................................8 C ...................................................... 9 D .....................................................10 E .....................................................11 F .....................................................12

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Merritt Studio RFP - Design Services
2Statement of Qualifications
a. Cover Letter
Cori Lantz, Parks and Recreation Supervisor
City of Santa Ana – Parks, Recreation and Community Services 20 Civic Center Plaza, M-23
Dear Cori,
Merritt Studio is interested in continuing design services for Cultura. Our experience with other cities can contribute to a unique representation through printed and digital experiences. The first Cultura issue was a success but presented new opportunities to continue to refine how to better connect to the community. Merritt Studio would love to strive for more refinement, deeper connections, and robust resources for all community members.

Sincerely,
Merritt Devin Dailey

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Merritt Studio RFP - Design Services
3Statement of Qualifications
b. Firm and Team Experience
i. Description of Firm:

Creative Services include: branding and identity, design systems: print, digital, and environmental, content creation, brand direction and strategy. 1 - Creative Director/Graphic Designer will be working with the City. ii. Firm Address:
1140 Cerritos Drive
Fullerton, CA 92835
iii. Project Manager/Principal Agent:

Name: Devin Dailey
Title: Creative Director
Telephone Number: 949.370.3824
Email: [email protected]
iv. Link to example of completed Digital Magazine:
https:/ /indd.adobe.com/view/d28fd2f8-e304-4641-bfe1-17c57c1e9d30

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Merritt Studio RFP - Design Services
4Statement of Qualifications
c. Proposed Work Plan
Merritt Studio understands the Scope of Services.
i. Anticipated approach:

1. Continue to Explore
- Refine the look and feel for the City of Santa Ana through Cultura - Visualize the essence of the city through vibrant typography, colors, photography, illustration, and stories
- Heighten the awareness of the city’s amenities and draw attention to the active and diverse community
- Define the visual language that captures the attention of the diverse amenities

2. Design and Layout
- Refine the design system that will continue to be flexible for various content - Focus on legible and contemporary typography that reads well across multiple generations of readers
- Harness a color palette that is fresh, vibrant, and inviting ii. Suggestions
- Create a photography guideline
- Continue to build out a photography library (library services, zoo attractions and events, parks and recreation classes and community events) iii. Description of Deliverables and Implementation Plan - Fully designed magazine sent to print - English
- Fully designed PDF posted online - English
- Fully designed magazine sent to print - Spanish
- Fully designed PDF posted online - Spanish
- Fully designed magazine sent to print - Vietnamese
- Fully designed PDF posted online - Vietnamese

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Merritt Studio RFP - Design Services
5Statement of Qualifications
c. Proposed Work Plan Continued
All content (copy, photos, QR codes, etc.) will be shared with Merritt Studio. Merritt Studio will begin the design and layout of Cultura. Simultaneously, the content will be given to translation services for Spanish and Vietnamese translation. There will be 5 revisions included. When the final issue is approved Merritt Studio will input the Spanish translation and prepare for print and digital export. Merritt Studio will share packaged InDesign files with translation services for Vietnamese production. Merritt Studio will prepare all three versions for print and digital export.

Phase I 1 Week
Kick-off meeting
Merritt Studio Design and Revise T emplates
Phase II 2 Weeks
Merritt Studio receives content
Merritt Studio Design and Layout - English
City of Santa Ana review
Phase III 1 Week
Notes to Merritt Studio
City of Santa Ana final review
Final notes to Merritt Studio
Send off copy to Translation Services - Spanish and Vietnamese 2 Weeks Send to printer - English
Export to PDF for Digital upload - English
Production for Spanish 1.5 days; .5 day for review
Export to PDF for Digital upload - Spanish
Send off for production - Vietnamese 2 days, .5 for review Export to PDF for Digital upload - Vietnamese

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Merritt Studio RFP - Design Services
6Cost Proposal
a. Cost Proposal
Deliverables - Cultura Issues broken out into seasons
$5,000 - First Issue: Winter = 32 pages English (printed and digital) $1,500 - First Issue: Winter = 32 pages Spanish (printed and digital)* TBD - First Issue: Winter = 32 pages Vietnamese (printed and digital)** $5,000 - Second Issue: Spring = 32 pages English (printed and digital) $1,500 - Second Issue: Spring = 32 pages Spanish (printed and digital)* TBD - Second Issue: Spring = 32 pages Vietnamese (printed and digital)** $6,500 - Third Issue: Summer = 48 pages English (printed and digital) $2,250 - Third Issue: Summer = 48 pages Spanish (printed and digital)* TBD - Third Issue: Summer =48 pages Vietnamese (printed and digital)** $5,000 - Fourth Issue: Fall = 32 pages English (printed and digital) $1,500 - Fourth Issue: Fall = 32 pages Spanish (printed and digital)* TBD - Fourth Issue: Fall = 32 pages Vietnamese (printed and digital)** * Translation Services costs not included
** Translation Services, and Desktop Publishing costs not included b. Project Lump Sum
$28,250
c. Additional Draft Reviews/Changes
$150/hour
d. Stock Photos
Merritt Studio will try to use Royalty Free photos to begin with, if needed we will reach out to Getty Images, iStock, or other services. Purchase rates will depend on licensing agreement. We will route for apprvoal before purchase.
e. Studio Rate
$150/hour

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Merritt Studio RFP - Design Services
7Attachment A

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Merritt Studio RFP - Design Services
8Attachment B

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Merritt Studio RFP - Design Services
9Attachment C

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Merritt Studio RFP - Design Services
10Attachment D

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Merritt Studio RFP - Design Services
11Attachment E

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Merritt Studio RFP - Design Services
12Attachment F

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EXHIBIT C

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Description Rate
Cultura - 32 Pages $5,000.00
Design, Layout, Prepress and send off to Print. Prepare for digital export as an interactive PDF.

Cultura - 36 Pages $5,375.00
Design, Layout, Prepress and send off to Print. Prepare for digital export as an interactive PDF.

Cultura - 40 Pages $5,750.00
Design, Layout, Prepress and send off to Print. Prepare for digital export as an interactive PDF.

Cultura - 44 Pages $6,125.00
Design, Layout, Prepress and send off to Print. Prepare for digital export as an interactive PDF.

Cultura - 48 Pages $6,500.00
Design, Layout, Prepress and send off to Print. Prepare for digital export as an interactive PDF.

Cultura - 52 Pages $6,875.00
Design, Layout, Prepress and send off to Print. Prepare for digital export as an interactive PDF.

Cultura - 4 Pages - Additional Spreads $375.00
Should additional pages need to be added above 52 pages, there will be an incremental charge of 375.00 per four pages.

Cultura - 32 Pages - SPANISH $1,500.00
Translation Production taking English to Spanish. Prepress and send off to Print. Prepare for digital export as an interactive PDF. Does not include Translation Services.

Cultura - 36 Pages - SPANISH $1,685.00
Translation Production taking English to Spanish. Prepress and send off to Print. Prepare for digital export as an interactive PDF. Does not include Translation Services.

Cultura - 40 Pages - SPANISH $1,875.00
Translation Production taking English to Spanish. Prepress and send off to Print. Prepare for digital export as an interactive PDF. Does not include Translation Services.

Cultura - 44 Pages - SPANISH $2,065.00
Translation Production taking English to Spanish. Prepress and send off to Print. Prepare for digital export as an interactive PDF. Does not include Translation Services.

Cultura - 48 Pages - SPANISH $2,250.00
Translation Production taking English to Spanish. Prepress and send off to Print. Prepare for digital export as an interactive PDF. Does not include Translation Services.

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Cultura - 52 Pages - SPANISH $2,435.00
Translation Production taking English to Spanish. Prepress and send off to Print. Prepare for digital export as an interactive PDF. Does not include Translation Services.

Cultura - 4 Pages - Additional SPANISH Spreads $185.00
Translation Production taking English to Spanish. Should additional pages need to be added above 52 pages, there will be an incremental charge of 185.00 per four pages.

Translation Services SPANISH - Rate per Word $0.18
To be determined based on total word count. Agreement between Merritt Studio and the City of Santa Ana made before sign-off of translation. Contracted through TransPerfect Translation.

Translation Services VIETNAMESE - Rate per Word $0.24
To be determined based on total word count. Agreement between Merritt Studio and the City of Santa Ana made before sign-off of translation. Contracted through TransPerfect Translation.

Translation Services VIETNAMESE Desktop Publishing - Hourly Rate $75.00 Hourly Rate for Desktop Publishing - Receiving InDesign Files and inserting translated copy.

Contracted through TransPerfect Translation.

Studio Rate - Hourly - Range of Services $150.00
Hourly Rate for various Services: Graphic Design, Illustration, Photography, Design and Layout, Collateral, etc.

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Public Works Agency
www.santa-ana.org/public-works
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 4, 2023
TOPIC: Median Landscape Maintenance Services

AGENDA TITLE
Amend Agreement with Landscape West Management Services, Inc. to Increase the Contract Amount by $2,300,000 for Right-of-Way and Median Landscape Maintenance Services (Project No. 22-1309) (General Fund and Non-General Fund) (Revive Santa Ana Program)

RECOMMENDED ACTION
Authorize the City Manager to execute the seventh amendment to the agreement for the second renewal option with Landscape West Management Services, Inc. for Right-of- Way and Median Landscape Maintenance Services to increase the contract amount by $2,300,000 for a total agreement amount not to exceed $8,222,000 for the remaining term of the agreement ending on June 30, 2025, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency’s Maintenance Services Division (Maintenance Services Division) is responsible for maintaining over 30 miles of City street medians and neighborhood entry areas. The services include but are not limited to mowing, weed mitigation and removal, trash removal, and irrigation system maintenance. On July 2, 2019, the City Council approved an agreement with Landscape West Management Services, Inc. to provide median landscape maintenance and right-of-way cleaning services.

During the second round of the American Rescue Plan Act (ARPA) spending plan in 2022, $1,000,000 was allocated for Sanitation & Prevention Programs. Furthermore, as part of the Mid-Year budget process in March 2022, an additional $1,300,000 in ARPA funding (Project No. 22-1309) was identified and reallocated to contractual services for a total of $2,300,000, to continue with the enhanced cleaning and sanitization services of high-traffic pedestrian and bicyclist areas. Since 2022, program services have resulted in enhanced cleaning and sanitization of over 15,000 locations within the Qualified Census Tracts (QCT) outlined in the ARPA guidelines (Exhibit 1).

City Council
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1 4/4/2023

Amend Median Landscape Maintenance Services Agreement
April 4, 2023

3 3
3 2
Staff recommends increasing the agreement with Landscape West Management Services, Inc. by $2,300,000 for a total agreement amount not to exceed amount $8,222,000 (Exhibit 2).

FISCAL IMPACT
The current fiscal year funding is available in the FY 2022-23 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration.

Funds will be spent according to the spending plan below:

Fiscal Year
Accounting Unit –
Account #
(Project No.)
Fund
Description
Accounting Unit,
Account
Description
Amount
CURRENT ANNUAL CONTRACT (1ST TWO-YEAR EXTENSION – YEAR 2 of 2) 02917635-62320 Special Gas
Tax
Median
Landscaping,
Maintenance &
Repair Buildings &
Ground
$1,270,000
18117013-62300
(22-1309)
American
Rescue Plan
Act
American Rescue
Plan Act-PWA,
Contract Services-
Professional
$612,000FY 2022-23
01117017-62320 General Fund
PWA Service
Enhancement,
Maintenance &
Repair Buildings &
Ground
$500,000
SUBTOTAL $2,382,000

REQUESTED AMENDMENT
FY 2022-23 18117013-62300
(22-1309)
American
Rescue Plan
Act
American Rescue
Plan Act-PWA,
Contract Services-
Professional
$255,556
ADJUSTED SUBTOTAL $2,637,556

OPTIONAL TWO-YEAR EXTENSION
02917635-62320 Special Gas
Tax
Median
Landscaping,
Maintenance &
Repair Buildings &
Ground
$1,270,000
FY 2023-24
18117013-62300
(22-1309)
American
Rescue Plan
Act
American Rescue
Plan Act-PWA, $1,022,222

City Council
16 –
2 4/4/2023

Amend Median Landscape Maintenance Services Agreement
April 4, 2023

3 3
3 2
Fiscal Year
Accounting Unit –
Account #
(Project No.)
Fund
Description
Accounting Unit,
Account
Description
Amount
Contract Services-
Professional
01117017-62320 General Fund
PWA Service
Enhancement,
Maintenance &
Repair Buildings &
Ground
$500,000
02917635-62320 Special Gas
Tax
Median
Landscaping,
Maintenance &
Repair Buildings &
Ground
$1,270,000
18117013-62300
(22-1309)
American
Rescue Plan
Act
American Rescue
Plan Act-PWA,
Contract Services-
Professional
$1,022,222FY 2024-25
01117017-62320 General Fund
PWA Service
Enhancement,
Maintenance &
Repair Buildings &
Grounds
$500,000
OPTIONAL EXTENSION SUBTOTAL $5,584,444
GRAND TOTAL $8,222,000

EXHIBIT(S)

1. ARPA Sanitization Location Map

2. Amendment to Agreement with Landscape West Management, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
16 –
3 4/4/2023

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Revive Santa Ana
Sanitization & Prevention Program
Sanitation Issue Location
2022 Qualified Census Tracts
EXHIBIT 1

City Council
16 –
4 4/4/2023

SEVENTH AMENDMENT TO AGREEMENT TO PROVIDE RIGHT OF WAY

AND MEDIAN LANDSCAPE MAINTENANCE SERVICES
THIS SEVENTH AMENDMENT to the above-referenced agreement is entered into on April 4, 2023, by and between Landscape West Management Services, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").

RECITALS
A. The parties entered into Agreement No. A-2019-103, dated July 2, 2019, by which Contractor agreed to provide right-of-way and median landscape maintenance services for the Maintenance Services Division of the Public Works Agency ("Agreement").

B. On September 26, 2019, the parties entered into First Amendment No. N-2019-195 to increase the scope of services and the amount expended under the Agreement from $770,000 to $1,020,000 for the period ending June 30, 2020.

C. On May 5, 2020, the parties entered into Second Amendment No. A-2020-095 to further increase the amount expended under the Agreement from $1,020,000 to $1,055,000 for the period ending June 30, 2020.

D. On December 1, 2020, the parties entered into the Third Amendment No. A-2020-248 to further increase the amount expended under the Agreement for the period ending June 30, 2021 and any extension periods to $1,020,000 annually.

E. The original term of the Agreement was for two years until June 30, 2021 with the first two (2) year extension that was authorized on April 23, 2021. The Agreement remains in effect through June 30, 2023.

F. On July 20, 2021, the parties entered into the Fourth Amendment A-2021-133 to further increase the amount expended under the Agreement from $1,020,000 annually to $1,270,000 annually.

G. On September 7, 2021, the parties entered into the Fifth Amendment A-2021-181 to further increase the amount expended under the Agreement for FY 2021-2022 only, from $1,270,000 to $2,270,000.

H. On August 16, 2022, the parties entered into the Sixth Amendment A-2022-159 to further increase the amount expended under the Agreement for FY 2022-2023 only, from $1,270,000 to $2,270,000.

I. The parties now wish to exercise the final two (2) year extension and further amend the Agreement to increase the contract amount for the remaining term of the agreement.

EXHIBIT 2

City Council
16 –
5 4/4/2023

The Parties therefore agree:

1. Section 2, Compensation, is hereby amended to increase the not-to-exceed amount to be expended under the Agreement by $2,300,000 for a total agreement not-to-exceed amount of $8,222,000 for the remaining term of the agreement, including the final extension period.

2. Section 3, Term, is hereby extended until June 30, 2025. The parties understand this extended term is by exercise of the final two (2) year extension.

3. Except as modified by this Seventh Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect.

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

ATTEST:

Jennifer Hall
City Clerk
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:
rimdonSalvatierra
Deputy City Attorney

RECOMMENDED FOR APPROVAL
Nabil Saba
Executive Director
Public Works Agency

CITY OF SANTAANA
Kristine Ridge
City Manager

CONTRACTOR

City Council
16 –
6 4/4/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 4, 2023
TOPIC: Amend Agreement for Construction Engineering Services: SR-55/Ritchey Street Water Improvements

AGENDA TITLE
Approve an Appropriation Adjustment and Amend Agreement with Berg & Associates, Inc. for Construction Engineering Services for the SR-55/Ritchey Street Water Improvements Projects by an additional $900,000 for the remainder of the Agreement Term (Project Nos. 19-6438, 19-6439, 19-6440) (Non-General Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to execute an amendment to the agreement with Berg & Associates, Inc. for Construction Engineering Services for the SR- 55/Ritchey Street Water Improvements Projects to increase the compensation amount by $900,000, which includes a $780,000 increase to the base amount and a $120,000 contingency, for a total amount not to exceed $1,900,000 for the remainder of the term of the agreement, subject to non-substantive changes approved by the City Manager and City Attorney.

2. Approve an appropriation adjustment to recognize an additional $900,000 in the Acquisition & Construction, Water Utility Capital Projects, Expense Reimbursement-OCTA revenue account and appropriate the same amount into the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)

DISCUSSION
On November 2, 2021, at the conclusion of a competitive bidding process, the City Council awarded a three-year agreement, with the provision for two one-year contract extensions, to Berg & Associates, Inc. to provide construction engineering services for the SR-55/Ritchey Street Water Improvements Projects. Berg & Associates, Inc. provide engineering staff support and assistance with the overall delivery of the project, including pre-construction tasks, construction management, contract compliance, and project closeout.

City Council
17 –
1 4/4/2023

Amend Agreement for Construction Engineering Services
April 4, 2023

3 3
4 1
The SR-55/Ritchey Street Water Projects are being constructed as a result of Orange County Transportation Authority (OCTA)’s SR-55 Freeway widening project and OCTA is reimbursing the City for its cost. Berg & Associates, Inc. has continuously proved throughout the course of this project to be a valuable partner to the City. The firm has provided the additional staff and expertise necessary to manage construction of three separate water resources relocation projects.

Berg & Associates, Inc. has encountered multiple unanticipated challenges during the construction phase of the projects, including extended project schedule due to material procurement delays and project scope changes, additional management services requested by the funding agency (OCTA), additional administrative duties due to inexperience of construction contractor on federally funded projects, and unexpected Community Workforce Agreement union fees. An additional description is provided in the consultant’s request to increase the total contract amount (Exhibit 1).

For these reasons, staff has exceeded the initial estimation of utilization of the contracted services. Staff recommends amending the agreement with Berg & Associates, Inc. to increase the not-to-exceed amount for the remainder of the contract term (Exhibit 2). This will ensure the City continues to meet the increased project demands and ensure a timely and quality delivery of the project.

FISCAL IMPACT
All funds expended for the water relocation project costs will be reimbursed by OCTA as outlined in the Cooperative Agreement No. C-0-2201 and three Utility Reimbursement Agreements for the State Route 55 Improvement Project. The approval of the appropriation adjustment will recognize $900,000 into the Acquisition & Construction, Water Utility Capital Projects, Expense Reimbursement-OCTA revenue account (No. 06617002-57004) and appropriate the same amount into the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account as shown below.

Fiscal
Year
Accounting Unit –
Account No.

Fund
Description
Accounting Unit –
Account No.

Description
Amount
2022-23
(July-June) 06617647-66301 Acquisition &
Construction
Water Utility Capital
Projects, Water
Capital Project
$180,000
2023-24
(July-June) 06617647-69011 Acquisition &
Construction
Water Utility Capital
Projects, Reserve
Appropriation
$600,000
2024-25
(July-Nov) 06617647-69011 Acquisition &
Construction
Water Utility Capital
Projects, Reserve
Appropriation
$120,000
TOTAL: $900,000

City Council
17 –
2 4/4/2023

Amend Agreement for Construction Engineering Services
April 4, 2023

3 3
4 1

EXHIBIT(S)

1. Consultant Amendment Request

2. First Amendment to Agreement with Berg & Associates, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
17 –
3 4/4/2023

February 8, 2023
Mr. Gabriel Guerrero-Gabany, P.E.

City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
RE: Construction Management Services for RFP 21-066
Estimate for Additional Budget – Increase to Total Contract Amount Dear Mr. Guerrero-Gabany,
Through Bi-Weekly Owner/CM meetings and the Monthly Report, the Construction Management (CM) Team has kept the City informed as to the status of the CM budget and that additional budget for CM services will be required to complete the work. At this time, it appears the existing funds will be expended end of March 2023, based on the current usage rate. In general, the budget increase is due to 5 factors:
1) Additional admin work hours for various project issues, 2) Addition of CM scope for specialty inspections and scheduling included in Amendment 1, 3) Addition of CM scope for specialty inspections and scheduling to be included in Amendment 2, 4) Inspection OT/DT for Jack & Bore 72 hr/wk
5) Additional work periods of CM planned sched vs Contractor actual work sched.

The original budget was built upon the assumption of the continuation of the CM budget with 6 months construction after March 2023 (2 months Ph-1 and 4 months Ph-2), as well as closeout (less than 1 month fulltime). The Contractor’s current schedule update shows an increase in the schedule of 6 months in Phase 1 as compared to our original budgeted time (before construction bid). The time increase to the Contractor’s schedule paired with the special issues/unbudgeted costs that have caused a budget overrun, are resulting In an additional 12 months to be applied to the CM budget. As requested by City staff, we have prepared an estimated cost for the CM Team to complete the project. Our analysis was performed using “to-date” defined as through November 30, 2022.

CM PLANNED COSTS VERSUS ACTUAL COSTS:

The CM Team has experienced many significant special issues that have arisen on the project as well as administrative setbacks on behalf of the Contractor that have required more hours from our staff than was originally proposed. These special issues and administrative items are detailed below. As a result of these, CM Costs have Exceeded Planned Cost to-date by $ 157,239.37, which is ~40% over the Planned-To-Date for the Construction Period. When the savings from Pre-construction planned costs are applied, this represents $ 151,559.72.

PM/RE and Contract Administrator Costs: During this period, the PM/RE position exceeded the original planned estimate by ~95%, or ($128,328.30), the Contract Administrator position exceeded planned estimate amount by ~10%, or ($10,984.96), the Inspector position was under the planned amount by ~4%, $ 7,034.45, and the Utility Coordinator position was under the planned amount by ~13%, $ 3,523.00.

Note: The above differences between planned and actual costs include some of the costs that were included in Amendment No. 1 such as CWA Rate difference and utilizing a Jr. Office Engineer to offset Administrative time with a lower rate – the details of that Amendment are broken down below.

Overage Costs from Original Estimate Due to Project Special Issues To-Date: (128,328.30) EXHIBIT 1

City Council
17 –
4 4/4/2023

PM/RE and Contract Administrator Costs tasks that required a significant increase in hour allocation to ensure quality of project delivery include the following:

1. Issue w/ Project Sequencing (Plans vs Spec vs Actual) – meetings & discussions with designer

2. Obtaining Additional Caltrans Rider Permit for City and Coordinating Contractor Procurement of Double Permit

3. Establishing Relationship with City of Tustin and Obtaining Tustin Grading Permit

4. SCE Service to SA-7 – Coordination efforts of design issue. SCE design and coordination had not been started. CM team took on this role.

5. Project Specification not Reflecting Caltrans Spec and Caltrans Desires – i.e. casing requirements and welding requirements

6. Significant Number of Submittal Resubmittals (some resubmitted 4 times)

7. Contractor Baseline Schedule Review Sbmtl 004 – Contractor submitted 5 times and still had issues. Extensive time reviewing and meeting with Contractor

8. Contractor Jack & Bore Shoring Review – no assistance from designer, contractor plan unusually lacking

9. Contractor Issues with Procuring Casing Pipe – Contractor identified over 6 different pipe for submission which included additional submissions for welding.

10. Write-up of CCO-001 – extensive write-up, completed Background and CCO versus “assisting with CCO” per original scope.

11. RFI-034/PCO-012 SA-7 Automation and work of Enterprise Automated (EA) – Unusually time consuming RFI which is developing into a CCO.

12. Preparation of budget and coordination of staff for additional scope added by City with Amendment No. 01

13. Issues with the jack & bore ground monitoring.

CWA Rate: As identified in meetings with the City and in BergCM’s Letter to the City dated August 9, 2022, a CWA Rate was established for our Inspectors to be in compliance with the City’s CWA. It was not known, by BergCM or the City, at the time of contract execution that the CWA would apply to CM staff. To-date, through Nov 30, 2022, this rate increase represents roughly $20,000 to-date. These are included in the Inspection estimate above.

Submittal Reviews – Unplanned Costs: ON-SITE Conducted submittal reviews in March 2022 that was not allocated in original budget.

Additional Admin Reviews by ON-SITE Technical To-Date: ($ 4,130.00) Amendment No. 01 – Unplanned Costs: All of the Amendment No. 01 costs are attached herein to this Letter. The additional unplanned costs that were utilized to date include the following:

Specialty Inspection by ON-SITE Technical To-Date: ($ 15,370.25) Specialty Inspection by RMA Group To-Date: ($ 960.00)
Scheduling Services for Contingency Plans and Shadow Schedule: ($ 6,280.07) Underestimated Working Days in Original Estimate: In our original budget, 360 working days were used for the Construction periods (Phase 1 and Phase 2). This should have been corrected in a negotiation period, as the actual working days is roughly 390 working days. If project special issues and unplanned costs had not occurred, the Contingency could have been used to account for this error. However, our attached spread sheet shows actual hours per month for the duration of the project according to the Contractor’s baseline schedule. This represents a difference of $69,519.75, for actual costs (390 WD) versus proposed/actual (360 WD).

City Council
17 –
5 4/4/2023

FORECASTED COSTS FOR PROJECT COMPLETION
Contractor’s Schedule vs CM Proposal: As noted in the CM Proposal, there existed an issue with the allowed construction durations in the Project specifications. In the CM Proposal, the estimated (and budgeted) duration of Phase 1 Construction was 15 months. The Contractor’s current plan indicates Phase 1 to be 21 months. The increase of 6 months is the largest factor for the CM budget increase. At the original planned rates and hours, this is an increase of $263,197.50. This cost is found in the attached budget analysis on line 18 for the monthly totals between June 2023 – November 2023.

Cost of Original FTE %’s with 6-month Extension: $ 263,197.50 Costs Needed for Completion (Not including 6-month Schedule Extension): As noted in the above discussion, in addition to the Contractor’s extended schedule of 6 months, funds will be needed to complete the contract according to the original schedule estimate. This represents another 6 months to be applied to the CM budget. This cost is found in the attached budget analysis on line 18 for the monthly totals between April 2023 – May 2023 and Phase 2.

Cost of Original FTE %’s with 6-month Original Estimated Schedule: $ 267,344.26 Costs for Close-out: Due to the projection that the total approved contract amount will be dispersed entirely through the end of March 2023, we will need costs for close-out. This is shown on line item 37.

Cost of Original FTE %’s for 1 month Close-out: $ 48,302.24 Inspection OT/DT: Overtime and doubletime charges were also not identified in our original budget estimate. The Contractor’s means and methods have required our inspection staff to work 12 hours days, 6 days a week. We have taken measures to avoid doubletime charges as much as possible by supplying peak inspectors to the City, as originally proposed. However, Overtime charges are inevitable with this schedule. These costs were not included in the originally proposed budget. The Contractor is planning to work 6 days/week, 12 hour/day from December through January. This cost is found in the attached budget analysis on line 34. We have accounted for potential overtime moving beyond the 6/12 operations, for 10 hours of OT per month. These costs can be found on line 34 and 35 in the attached spreadsheet.

Cost of Overtime for Alternate Schedule: $ 51,684.26
Anticipated CM Workload Due to Contractor Administrative Performance: It is anticipated that an increase to originally planned percentages should be anticipated based on previous performance and project issues including:
 Contractor Submittal Resubmittals
 Fully prepared CCO write-ups vs. Assistance/Recommendations for CCO write-ups  RFI-034 / PCO-012 SA-7 Automation Issue
If we apply the average overage per month for PM/RE time for December 2022 – April 2023, it represents an increased amount of $ 81,727.05.

Cost of PM/RE at 40% (Dec 22- Apr 23): $ 81,727.05
In an effort to minimize PM/RE hours, we propose utilizing a new position, Office Engineer. The personnel, Carlos Quiroz, QSP, we propose for this position has extensive construction knowledge, which will allow for more project oversight than our previous position, Contract Administrator, which is more geared towards contract compliance and document control. This will reduce the amount of time required for project oversight being utilized for PM/RE.

City Council
17 –
6 4/4/2023

Utilization of New Rate for Office Engineer at 60% FTE: It is requested that the current administrative positions (Brenda Ramirez, Contract Administrator, and Eric Vandenberg, Jr. Office Engineer) be replaced with an Office Engineer (Carlos Quiroz, QSP) for a more technical assistance. Carlos’s experience and skill level will be a mitigation effort to allow for the PM/RE to minimize his hours from the current overage usage.

Cost of Office Engineer at 60% (Mar 23 – End of Phase 2): $ 61,636.96 Utilization of New Rate for Jr. Office Engineer at 20% (Feb 23 – May 23): Due to recent Change Orders issued by OCTA, and continuing project challenges, we highly recommend keeping additional help on through May 2023 to keep costs of PM/RE lower. Costs for this position in February 2023 are covered by the originally planned hours for Contract Administrator.

Cost of Jr. Office Engineer at 20% (Mar 23 – May 23): $ 9,839.44 Additional Cost for Scheduling Services: To ensure a coherent schedule from the Contractor it is requested to extend the duration of the scheduler thru the Phase 1 period or at least a minimum of an additional 6 months. For Phase 1, Mar 2023 – Nov 2023 and the first month of Phase 2,16hr/mo is 160hr for Scheduler.

Additional Budget for Scheduling Services: $ 30,750.40 Additional Cost for Specialty Inspection Services: RMA Group will be utilized to provide CWI Inspection/Testing of Field Welding of Welded Steel Pipe CMLC (24", 16", 14", 10", 8", 6").

Additional Budget for Specialty Inspection Services: $ 25,021.70 Additional Cost for CWA Rate: The CWA rate results in a $ 34.09 increase to our originally planned inspector rate. When this is applied to the additional time after Amendment 01 costs are expended, roughly June 2023.

Additional Budget for CWA Rate with Schedule Extension: $ 53,474.80 The attached spread sheet shows all additional costs dispersed for the entire Contract including actual costs and forecasted costs. The amount needed to complete the project after budget expenditure through March 2023 is shown in the table below, we would consider this amount Amendment 02:

Apr 2023 - Closeout Cost To Completion
Remainder Amendment 01 $ 10,446.24 Forecasted Additional Costs (shown above) $ 190,192.50 Planned FTE % - Original Schedule $ 263,197.50 Planned FTE % - Contractor Extension $ 267,344.26 Planned FTE % - Close out $ 44,144.08 ESTIMATE TOTAL AMEDNMENT 02 $ 775,324.58* A difference of ~3k is shown on the spreadsheet, due to ODCs and marginal estimate errors, all costs can be broken down further upon request.

City Council
17 –
7 4/4/2023

Mitigation/Cost Savings Potential Resolution : If the City is looking to reduce cost impacts from the extended Contractor’s schedule, it would be most advisable to reduce CM costs during Phase 2 activities.

It would be difficult and detrimental to the project and close-out to reduce CM hours during Phase 1. This would result in 8 months of additional CM budget as opposed to 12 months.

As the City is aware, from many discussions between City and CM team staff regarding the above unplanned costs and project special issues, the construction management team requires additional budget to complete the SR-55/Ritchey Street Water Improvement Project. This additional budget represents an increase in our approved total contract amount and therefore it is expected to require City Council approval, as well as submission of a funding request to OCTA.

We ask that the City consider Unplanned Costs, Project Issues, and the Contractor’s extended schedule when reviewing this following request. Line items are negotiable, and our team is available for discussion of each cost estimate. Berg & Associates, Inc. is committed to providing quality services to the City of Santa Ana. You may contact Project Manager, Dave Smith, PE, QSD, at [email protected], if you have any questions.

Sincerely,

Alicia M. Berg
VP/Director of Development
Berg & Associates, Inc.

City Council
17 –
8 4/4/2023

1 2
3 4
5 6
7 8
9 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
5051
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z AA AB

CONSTRUCTION
320 hrs 160 hrs 184 hrs 176 hrs 168 hrs 176 hrs 176 hrs 176 hrs 176 hrs 168 hrs 176 hrs PHASE-1
Proposal Actual
Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost PM / RE Dave Smith 230.23 $ 192 44,204.16$ 171.25 10.25 $2,359.86 46 $10,590.58 44 $10,130.12 44 $10,130.12 42 $9,669.66 44 $10,130.12 44 $10,130.12 44 $10,130.12 42 $9,669.66 44 $10,130.12 Contract Administrator Brenda Ramirez 130.30$ 160 20,848.00$ 192.75 9.5 $1,237.85 92 $11,987.60 88 $11,466.40 88 $11,466.40 80 $10,424.00 88 $11,466.40 88 $11,466.40 88 $11,466.40 84 $10,945.20 88 $11,466.40 Lead CM/Observer Mike Masengale 134.09$ 40 5,363.60$ 4 $0.00 16 $2,145.44 80 $10,727.20 168 $22,527.12 154 $20,649.86 176 $23,599.84 62 $8,313.58 0 $0.00 0 $0.00 0 $0.00 CWA Inspector Various 134.09$ -$ 8 $1,072.72 24 $3,218.16 112 $15,018.08 168 $22,527.12 168 $22,527.12 176 $23,599.84 Utility Coordinator Dominic Costello 160.15$ 40 6,406.00$ 38 6 $960.90 18 $2,882.70 $0.00 $0.00 16 $2,562.40 $0.00 $0.00 $0.00 $0.00 $0.00 Peak Inspector Various 0 - $ 0
ODC Vehicle Inspector 5.50$ 0 $0.00 16 $88.00 80 $440.00 176 $968.00 178 $979.00 176 $968.00 174 $957.00 168 $924.00 168 $924.00 176 $968.00 ODC Consumables All Staff $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 TOTALS
Monthly Planned Labor Hours & CM Cost 432 406 26 $4,708.61 172 $27,844.32 212 $32,913.72 308 $46,314.36 316 $47,653.08 308 $46,314.36 306 $46,035.18 300 $45,197.64 294 $44,215.98 308 $46,314.36 TOTAL TO DATE PLANNED 76,820.92$ $4,708.61 $32,552.93 $65,466.65 $111,781.01 $159,434.09 $205,748.45 $251,783.63 $296,981.27 $341,197.25 $387,511.61

AMENDMENTS/UNPLANNED COSTS
Submittal Reviews Specialty Reviews ONSITE Various 4,130.00$ 4,130.00$ Amendment 01 Specialty Inspection ONSITE Various 19,566.57$ 19,566.57$ 5,737.50$ 388.50 $ 777.00 $ 4,337.25$ Amendment 01 Specialty Inspection RMA Group Various 20,974.78$ 960.00$ Amendment 01 Scheduling - OCTA Constraints/COSACharlie Fornelli 191.19$ 30,208.02$ 765.33$ 695.75 $ 278.23 $ 4,540.76$ Amendment 01 CWA Rate Difference Various 31.09$ 51,018.69$ 3,482.08$ 5,223.12 $ 5,471.84 $ 4,476.96 $ Amendment 01 Jr Office Engineer Eric Vandenberg 93.61$ 4,377.79$ Amendment 02 Jr . Office Engineer Sierra Smith 93.61$ 9,839.44$ Amendment 02 Scheduler - COSA Contractor ReviewsCharlie Fornelli 191.19$ 30,750.40$ Amendment 02 Specialty Inspection RMA Group Various 25,021.70$ Amendment 02 Peak Inspection Various 134.09$ 402.27$ Amendment 02 Sr. Office Engineer at 60% (Mar-End)Carlos Quiroz 153.07$ 61,636.96$ Amendment 02 PM/RE at 40% (Dec-Mar) Dave Smith 230.23$ 78,936.66$ Amendment 02 CWA Rate Difference Various 31.09$ 53,474.80$ Amendment 02 Inspector Overtime Various 191.68$ 51,466.08$ Amendment 02 Inspector Double Time Various 218.18$ 218.18$ SUM OF AMENDMENT/UNPLANNED COSTS $0.00 $4,895.33 $695.75 $0.00 $278.23 $0.00 $9,219.58 $5,611.62 $6,248.84 $14,314.97 ACTUAL/FORECASTED MONTHLY $4,616.17 $41,030.23 $37,819.90 $59,551.31 $58,200.45 $46,527.20 $76,149.76 $69,516.13 $72,835.14 $78,504.69 MONTHLY DIFFERENCE $92.44 ($13,185.91) ($4,906.18) ($13,236.95) ($10,547.37) ($212.84) ($30,114.58) ($24,318.49) ($28,619.16) ($32,190.33) ACTUAL TO DATE/FORECASTED ACTUAL 71,141.27$ $4,616.17 $45,646.40 $83,466.30 $143,017.61 $201,218.06 $247,745.26 $323,895.02 $393,411.15 $466,246.29 $544,750.98 % of 'TOTAL TO DATE PLANNED' by Stage (neg number is over budget) 7% 2.0% -40.2% -27.5% -27.9% -26.2% -20.4% -28.6% -32.5% -36.7% -40.6% Difference Cummulative Planned vs Actual To Date ( ($xx) is amt over To Date budget) 5,679.65$ $92.44 ($13,093.47) ($17,999.65) ($31,236.60) ($41,783.97) ($41,996.81) ($72,111.39) ($96,429.88) ($125,049.04) ($157,239.37) Total Authorized Amount Planned To Date Total Authorized Amount Planned To Date$236,255.01 $282,569.37 $328,604.55 $373,802.19 $418,018.17 $464,332.53 Total Amount Expended/Projected To Date Total Authorized Amount Expended To Date$272,359.33 $318,886.53 $395,036.29 $464,552.42 $537,387.56 $615,892.25 Difference ($36,104.32) ($36,317.16) ($66,431.74) ($90,750.23) ($119,369.39) ($151,559.72) % of Total Contract used 44.3% 52.1% 60.2% 61.6%
% over/under of Planned Total to Date -15.3% -12.9% -20.2% -24.3% -28.6% -32.6% Construction Period Planned To Date $159,434.09 $205,748.45 $251,783.63 $296,981.27 $341,197.25 $387,511.61 Construction Period Actual To Date $201,218.06 $247,745.26 $323,895.02 $393,411.15 $466,246.29 $544,750.98 Difference ($41,783.97) ($41,996.81) ($72,111.39) ($96,429.88) ($125,049.04) ($157,239.37) % over/under Construction Period Planned -26.2% -20.4% -28.6% -32.5% -36.7% -40.6% Construction Period Planned To End $1,099,114.05 $1,099,114.05 $1,099,114.05 $1,099,114.05 $1,099,114.05 $1,099,114.05 Construction Period Actual To Date $201,218.06 $247,745.26 $323,895.02 $393,411.15 $466,246.29 $544,750.98 % of Construction Period used 18.3% 22.5% 29.5% 35.8% 42.4% 49.6% Total Authorized Amount To End Planned $892,275.92 $892,275.92 $892,275.92 $999,882.29 Total Authorized Amount To Date Used $395,036.29 $464,552.42 $537,387.56 $615,892.25 Total Authorized Amount Remaining $383,990.04
% of Authorized Amount used 44.3% 52.1% 60.2% 61.6%
Recent 3 months used $192,193.09 $218,501.03 $220,855.96 Average over 3 months $64,064.36 $72,833.68 $73,618.65
Remaing time for Construction Period Budget (months) 11.0mo 8.7mo 7.5 Remaing time for Total Authorized Budget (months) 6.7mo 4.9mo 5.2 Mar-22
WD Hrs

PRE-CON CONSTRUCTION CONSTRUCTION
Apr-22 May-22 Jun-22 Jul-22Scope Labor Category Name Rate Feb-22 Aug-22 Sep-22 Oct-22 Nov-22 Construction Management & Inspection
Services

CURRENT
MONTH

City Council
17 –
9 4/4/2023

1 2
3 4
5 6
7 8
9 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
5051
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 AC AD AE AF AG AH AI AJ AK AL AM AN AO AP AQ AR AS AT AU AV AW AX AY AZ BA BB BC BD BE BF BG BH BN BO BP

CONSTRUCTION CONSTRUCTION
176 hrs 168 hrs 160 hrs 184 hrs 160 hrs 176 hrs 168 hrs 160 hrs 184 hrs 160 hrs 168 hrs 160 hrs 176 hrs 176 hrs 152 hrs 176 hrs Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost 44 $10,130.12 42 $9,669.66 40 $9,209.20 46 $10,590.58 40 $9,209.20 44 $10,130.12 42 $9,669.66 40 $9,209.20 46 $10,590.58 40 $9,209.20 42 $9,669.66 40 $9,209.20 44 $10,130.12 44 $10,130.12 38 $8,748.74 44 $10,130.12 96 22,102.08 $ 88 $11,466.40 84 $10,945.20 80 $10,424.00 92 $11,987.60 80 $10,424.00 88 $11,466.40 84 $10,945.20 80 $10,424.00 92 $11,987.60 80 $10,424.00 84 $10,945.20 80 $10,424.00 88 $11,466.40 88 $11,466.40 76 $9,902.80 88 $11,466.40 128 16,678.40$ 0 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 - $ 176 $23,599.84 168 $22,527.12 160 $21,454.40 184 $24,672.56 160 $21,454.40 176 $23,599.84 168 $22,527.12 160 $21,454.40 184 $24,672.56 160 $21,454.40 168 $22,527.12 160 $21,454.40 176 $23,599.84 176 $23,599.84 152 $20,381.68 176 $23,599.84 40 5,363.60 $ $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 0 176 $968.00 168 $924.00 160 $880.00 184 $1,012.00 160 $880.00 176 $968.00 168 $924.00 160 $880.00 184 $1,012.00 160 $880.00 168 $924.00 160 $880.00 176 $968.00 176 $968.00 152 $836.00 176 $968.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $100.00 308 $46,314.36 294 $44,215.98 280 $42,117.60 322 $48,412.74 280 $42,117.60 308 $46,314.36 294 $44,215.98 280 $42,117.60 322 $48,412.74 280 $42,117.60 294 $44,215.98 280 $42,117.60 308 $46,314.36 308 $46,314.36 266 $40,019.22 308 $46,264.36 264 44,144.08$ $433,825.97 $478,041.95 $520,159.55 $568,572.29 $610,689.89 $657,004.25 $701,220.23 $743,337.83 $791,750.57 $833,868.17 $878,084.15 $920,201.75 $966,516.11 $1,012,830.47 $1,052,849.69 $1,099,114.05 $1,143,258.13 1,273.25$ 4,130.00$ 2,923.07$
10,705.00$ 9,309.78 $
6,930.64$ 5,401.12 $ 6,807.63 $ 4,788.57 $ 5,471.84$ 5,751.65 $ 4,974.40 $ 5,720.56 $ 4,974.40 $ 5,471.84 $ 2,131.84$ 2,245.95 $

36.80 3,444.85$ 32.00 2,995.52 $ 35.20 3,295.07 $

16.00 3,059.04$ 16.00 3,059.04 $ 16.00 3,059.04 $ 16.00 3,059.04$ 16.00 3,059.04$ 16.00 3,059.04$ 16.00 3,059.04$ 16.00 3,059.04$ 16.00 3,059.04$ 16.00 3,059.04$ 11,676.00$ 5,004.00 $ 5,004.00 $ 3,337.70 $ 402.27$
4,911.33$ 4,270.72 $ 4,697.79 $ 4,484.26 $ 4,270.72 $ 4,911.33 $ 4,270.72 $ 4,484.26 $ 4,270.72 $ 4,697.79 $ 4,697.79 $ 4,057.18 $ 4,697.79 $ 2,914.56 $ 19,454.44$ 12,777.77 $ 14,826.81 $ 17,050.83 $ 14,826.81 $ 5,223.12$ 4,974.40 $ 5,720.56 $ 4,974.40 $ 5,223.12 $ 4,974.40 $ 5,471.84 $ 5,471.84 $ 4,725.68 $ 5,471.84 $ 1,243.60 $ 9,584.00$ 15,046.88 $ 1,916.80 $ 1,916.80 $ 1,916.80 $ 1,916.80 $ 1,916.80 $ 1,916.80 $ 1,916.80 $ 1,916.80 $ 1,916.80 $ 1,916.80 $ 1,916.80 $ 1,916.80 $ 1,916.80 $ 1,916.80 $ 218.18$
$56,171.46 $54,663.14 $43,124.71 $45,895.98 $37,047.29 $21,778.24 $14,683.22 $14,220.96 $15,607.73 $14,220.96 $14,683.22 $14,220.96 $15,145.47 $12,086.43 $10,699.66 $12,086.43 4,158.16 $ $102,485.82 $98,879.12 $85,242.31 $94,308.72 $79,164.89 $68,092.60 $58,899.20 $56,338.56 $64,020.47 $56,338.56 $58,899.20 $56,338.56 $61,459.83 $58,400.79 $50,718.88 $58,350.79 48,302.24 $ ($56,171.46) ($54,663.14) ($43,124.71) ($45,895.98) ($37,047.29) ($21,778.24) ($14,683.22) ($14,220.96) ($15,607.73) ($14,220.96) ($14,683.22) ($14,220.96) ($15,145.47) ($12,086.43) ($10,699.66) ($12,086.43) $647,236.80 $746,115.92 $831,358.23 $925,666.95 $1,004,831.84 $1,072,924.44 $1,131,823.64 $1,188,162.20 $1,252,182.67 $1,308,521.23 $1,367,420.42 $1,423,758.98 $1,485,218.82 $1,543,619.61 $1,594,338.49 $1,652,689.28 $1,700,991.52 -49.2% -56.1% -59.8% -62.8% -64.5% -63.3% -61.4% -59.8% -58.2% -56.9% -55.7% -54.7% -53.7% -52.4% -51.4% -50.4% -48.8% ($213,410.83) ($268,073.98) ($311,198.68) ($357,094.66) ($394,141.95) ($415,920.20) ($430,603.41) ($444,824.37) ($460,432.10) ($474,653.06) ($489,336.28) ($503,557.24) ($518,702.71) ($530,789.14) ($541,488.80) ($553,575.24) ($557,733.40) $510,646.89 $554,862.87 $596,980.47 $645,393.21 $687,510.81 $733,825.17 $778,041.15 $820,158.75 $868,571.49 $910,689.09 $954,905.07 $997,022.67 $1,043,337.03 $1,089,651.39 $1,052,849.69 $1,099,114.05 $1,220,079.05 $718,378.07 $817,257.19 $902,499.50 $996,808.22 $1,075,973.11 $1,144,065.71 $1,202,964.91 $1,259,303.47 $1,323,323.94 $1,379,662.50 $1,438,561.69 $1,494,900.25 $1,556,360.09 $1,614,760.88 $1,665,479.76 $1,723,830.55 $1,772,132.79 ($207,731.18) ($262,394.33) ($305,519.03) ($351,415.01) ApprovedContract $999,882.29

71.8% 81.7% 90.3% 99.7% Amednment 2 Estimate$772,250.50 -40.7% -47.3% -51.2% -54.4% Margin of error $3,074.08
AMENDMENT 02 $775,324.58
$433,825.97 $478,041.95 $520,159.55 $568,572.29
$647,236.80 $746,115.92 $831,358.23 $925,666.95
($213,410.83) ($268,073.98) ($311,198.68) ($357,094.66) -49.2% -56.1% -59.8% -62.8%
$1,099,114.05 $1,099,114.05 $1,099,114.05 $1,099,114.05 $647,236.80 $746,115.92 $831,358.23 $925,666.95

58.9% 67.9% 75.6% 84.2%
$999,882.29 $999,882.29 $999,882.29 $999,882.29
$718,378.07 $817,257.19 $902,499.50 $996,808.22
$281,504.22 $182,625.10 $97,382.79 $3,074.07

71.8% 81.7% 90.3% 99.7%
$253,825.65 $279,869.63 $286,607.25 $278,430.15
$84,608.55 $93,289.88 $95,535.75 $92,810.05

5.3 3.8 2.8 1.9

3.3 2.0 1.0 0.0

CLOSE-OUT
PHASE-2
Mar-23Dec-22 Jan-23 Feb-23 TBD (July 2024) Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 TBD (Apr 2024) TBD (May 2024) TBD (Jun 2024)

City Council
17 –
10 4/4/2023

FIRST AMENDMENT TO AGREEMENT WITH BERG & ASSOCIATES, INC.,

TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR SR-55 / RITCHEY IMPROVEMENT PROJECTS
THIS FIRST AMENDMENT to the above-refer enced agreement is entered into on April 4, 2023, by and between Berg & Associates, Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corpor ation organized and exi sting under the Constitution and laws of the State of California (“City”).

RECITALS
A. Following City’s issuance of Request for Proposal No. 21-066, the parties entered into Agreement No. A-2021-212, dated November 2, 2021, by which Consultant agreed to provide Construction Management and Inspection Services for the SR-55 / Ritchey Improvement Projects (Ritchey St Water Main Relocation Project No. 19- 6438, SA-7 Pressure Reducing Station Relocation Project No. 19- 6439 and SR-55 Water Crossing Relocation Project No. 19- 6440) for the City’s Public Works Agency (“Agreement”).

B. The Agreement is current and in effect through November 1, 2024.

C. The parties now wish to amend the Agreement to increase the not to exceed amount under the Agreement due to unanticipated challenges during the construction phase of the project.

The Parties therefore agree:

1. Section 2.a., Compensation, is amended to increase the not to exceed amount by $900,000. This sum is comprised of (1) a $780,000 increase to the base amount and (2) an approximate 15% contingency increase in the amount of $120,000 for additional services at the City’s sole discretion. The total not to exceed amount for the remainder of the term of the Agreement shall be $1,900,000.

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

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

Jennifer Hall Kristine Ridge
City Clerk City Manager
[signatures continued on next page]
EXHIBIT 2

City Council
17 –
11 4/4/2023

APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO, City Attorney
By:____________________________ _______________________________ Brandon Salvatierra Name: Alicia Berg
Deputy City Attorney Title: Director of Research/Development

RECOMMENDED FOR APPROVAL
______________________________
Nabil Saba
Executive Director
Public Works Agency

City Council
17 –
12 4/4/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 4, 2023
TOPIC: Amend Agreement for Water System Computer Modeling and Engineering Services

AGENDA TITLE
Amend Agreement with Sedaru, Inc. for Water System Computer Modeling and Engineering Services by an additional $50,000 for the remainder of the Agreement Term (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a First Amendment to the Agreement with Sedaru, Inc., formerly known as ID Modeling, Inc., for water system modeling and engineering services to increase the amount by $50,000, for a total not-to-exceed amount of $200,000 for the remainder of the term of the agreement, subject to non- substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On December 4, 2018, at the conclusion of a competitive bidding process, the City Council awarded a three-year agreement, with the provision for one two-year renewal option, to Sedaru, Inc. to provide water system computer modeling and engineering services for the Public Works Agency’s Water Resources Division. Since 2018, staff has seen an increased volume of development plan submittals, especially those for large developments. These large developments require hydraulic modeling to ensure that sufficient water capacity is available in the existing water infrastructure. If not, the developer must make the necessary infrastructure improvements prior to being served by the City’s water system.

For these reasons, staff has exceeded the initial estimation of utilization of the contracted services. Staff recommends amending the agreement with Sedaru, Inc. (Exhibit 1) to increase the funding amount for the remainder of the term in order to continue to meet the increased demands and provide outstanding customer service.

FISCAL IMPACT
Funding for the requested increase to the agreement is available for expenditure in the current FY 2022-23 budget.

City Council
18 –
1 4/4/2023

Amend Agreement for Water System Computer Modeling and Engineering Services April 4, 2023

3 3
4 2
Fiscal Year Accounting Unit –
Account #
Fund
Description
Accounting Unit,
Account Description Amount
FY 2022-23 06017645-62300 Water
Water Administration &
Engineering, Contract
Services-Professional
$50,000

EXHIBIT(S)

1. Agreement amendment with Sedaru, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
18 –
2 4/4/2023

FIRST AMENDMENT TO AGREEMENT WITH SEDARU, FORMERLY KNOWN AS ID MODELING, INC., TO PROVIDE WATER SYSTEM COMPUTER MODELING AND

ENGINEERING SERVICES

THIS FIRST AMENDMENT to the above-referenced agreement is entered into on April 4, 2023, by and between Sedaru, formerly known as ID Modeling , Inc. (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS

A. The parties entered into Agreement No. A-2018-275 (“Agreement”) dated December 4, 2018, to retain a qualified contractor to provide water system computer modeling and engineering services, including the design and creation of a water system computer model.

B. On November 4, 2021, the parties executed the sole two (2) year extension. Therefore, the Agreement is in full force and effect through December 3, 2023.

C. The parties now wish to amend the Agreement to increase the compensation under the Agreement due to an unanticipated increase in volume of development plan submittals.

The Parties therefore agree:

1. Section 2.a., Compensation, is hereby amended to increase the total amount to be expended under the term of the Agreement by $50,000. The total not-to-exceed amount of the Agreement shall be $200,000.

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

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

Jennifer Hall Kristine Ridge
City Clerk City Manager

APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO, City Attorney

By:____________________________
Brandon Salvatierra Name:

Deputy City Attorney Title:

[signatures continued on next page]
DocuSign Envelope ID: B2572D57-12C8-41DC-AC1B-FCD61484661F VP Marketing and Customer Success
John Wenstrand

City Council
18 –
3 4/4/2023

RECOMMENDED FOR APPROVAL

______________________________
Nabil Saba
Executive Director
Public Works Agency

DocuSign Envelope ID: B2572D57-12C8-41DC-AC1B-FCD61484661F

City Council
18 –
4 4/4/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 4, 2023
TOPIC: Agreements for On-Call Engineering Services

AGENDA TITLE
Approve Agreements with Tetra Tech, Inc., Stantec Consulting Services, Inc., and EEC Environmental for On-Call Engineering Design Services for PFAS Treatment Systems in an Aggregate Amount Not to exceed $3,000,000 for up to a Five-Year Term (Non- General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute agreements with Tetra Tech, Inc., Stantec Consulting Services, Inc., and EEC Environmental to provide on-call engineering design services for PFAS treatment systems, for a shared aggregate amount not to exceed $3,000,000, for a three-year term beginning April 4, 2023 and expiring April 3, 2026, with provisions for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency’s Water Resources Division (Water Resources) oversees and maintains the daily operations of the City’s water and sanitary sewer systems. The water system is composed of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure regulating stations, and seven connection points to the Metropolitan Water District. The system has an average daily demand of 30 million gallons from its roughly 45,150 metered service connections.

Due to recent monitoring orders issued by the California State Water Resources Control Board related to per- and polyfluoroalkyl substances (PFAS), the City has been proactive in pursuing advanced water treatment options to remove PFAS from the drinking water supply. On May 19, 2020, the City entered into an agreement with the Orange County Water District (OCWD) requesting them to design and construct PFAS treatment facilities at well stations which showed contaminant levels above the state Response Level thresholds. Currently, the City is in the design or construction phases of PFAS treatment facilities at several well locations that fall under the parameters of the OCWD agreement.

City Council
19 –
1 4/4/2023

Agreements for On-Call Engineering Services
April 4, 2023

3 3
4 3
For the wells in which PFAS has been detected but do not exceed the state Response Levels, and therefore do not meet the requirements for OCWD agreement, the City has taken a conservative approach and taken the wells offline. In order to bring the wells back online, the City will need to design and construct PFAS treatment facilities at each affected well site.

Water Resources is seeking engineering consultant firms to provide design services for PFAS ion exchange treatment facilities in order to optimize treatment at future sites impacted by the constituent of concern. It is imperative that the City prioritizes water treatment to ensure residents can be guaranteed the highest quality of potable drinking water.

On October 3, 2022, the Public Works Agency released Request for Proposals (RFP) No. 22-133, by which it sought the services of qualified consulting firms to provide engineering design services for PFAS treatment systems. The RFP was advertised on PlanetBids, and proposals were received electronically via PlanetBids on November 17, 2022. The City notified a total of 112 regional vendors via PlanetBids, with 40 vendors downloading bidding documents. Three proposals were received and evaluated by a selection committee. Based on criteria outlined in the RFP, the following summarizes the responding firms and their ranking:

Firm City Rank
Tetra Tech, Inc. Irvine 1
Stantec Consulting Services, Inc. Irvine 2
EEC Environmental Orange 3
Staff recommends awarding agreements to Tetra Tech, Inc., Stantec Consulting Services, Inc., and EEC Environmental to provide engineering services on an as- needed basis (Exhibits 1-3). Their proposals demonstrated the firms have the necessary capacity and expertise to complete the required services. The firms’ rates are reasonable and within industry standard, the teams’ qualifications are appropriate, and the proposals were determined to provide the best value for the City. All firms selected for this award are currently under agreement with the City for other consulting services and have performed quality work for the City.

FISCAL IMPACT
Funding is available in the FY 2022-23 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. The following is an estimate of expenditures by fiscal year:

Fiscal
Year
Accounting Unit
- Account #
Fund
Description
Accounting Unit,
Account Description Amount
Contract (3-Year Term)

City Council
19 –
2 4/4/2023

Agreements for On-Call Engineering Services
April 4, 2023

3 3
4 3
Fiscal
Year
Accounting Unit
- Account #
Fund
Description
Accounting Unit,
Account Description Amount
2022-23 06017640-62300 Water Fund
Water Utility Production
& Supply, Contract
Services-Professional
$400,000
2023-24 06017640-62300 Water Fund
Water Utility Production
& Supply, Contract
Services-Professional
$1,000,000
2024-25 06017640-62300 Water Fund
Water Utility Production
& Supply, Contract
Services-Professional
$1,000,000
2025-26
(July –
April)
06017640-62300 Water Fund
Water Utility Production
& Supply, Contract
Services-Professional
$400,000
Optional Two-Year Extension
2025-26
(April –
June)
06017640-62300 Water Fund
Water Utility Production
& Supply, Contract
Services-Professional
$100,000
2026-27 06017640-62300 Water Fund
Water Utility Production
& Supply, Contract
Services-Professional
$50,000
2027-28
(July -
April)
06017640-62300 Water Fund
Water Utility Production
& Supply, Contract
Services-Professional
$50,000
Total: $3,000,000

EXHIBIT(S)

1. Agreement with Tetra Tech, Inc.

2. Agreement with Stantec Consulting Services, Inc.

3. Agreement with EEC Environmental
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

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AGREEMENT WITH STANTEC TO PROVIDE ON-CALL ENGINEERING DESIGN

SERVICES FOR PFAS TREATMENT SYSTEMS FOR THE CITY OF SANTA ANA

THIS AGREEMENT is made and entered into on this 4th day of April, 2023 by and between Stantec (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS

A. On September 29, 2022 , the City issued Request for Proposal (“RFP”) No. 22-133, by which it sought qualified consultants to provide on -call engineering design services for PFAS treatment systems for the City’s Public Works Agency.

B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-133.

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

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

1. SCOPE OF SERVICES

On an on -call basis, and at the City’s sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 22-133, which is attached hereto as Exhibit A and incorporated in full, and further delineated in Consultant’s proposal, attached hereto as Exhibit B and incorporated in full.

2. COMPENSATION

a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Consultant is one of three (3) consultants selected to provide engineering design services for PFAS treatment systems on an on-call basis under RFP 22-133. The total compensation for these services provided by all such consultants selected under RFP 22-133 shall not exceed the shared aggregate amount of Three Million, Dollars and Zero Cents ( $3,000,000) during the term of the Agreement, including any extension periods.

b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals

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which may reasonably be expected by City.

3. TERM

This Agreement shall commence on the date first written above and terminate on April 3, 2026, unless terminated earlier in accordance with Section 16 , below. The term of this Agreement may be extended for up to two (2) , one-year periods upon a writing executed by the City Manager and City Attorney.

4. PREVAILING WAGES

Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and th e 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 $1,0 00 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 fail ure 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 intend ed 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 securit y 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 limi ted 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 rig ht to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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7. INSURANCE

Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:

a. Minimum Scope and Limit of Insurance

(1) Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general 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): if Consultant is or employs a licensed professional such as an architect or engineer: Profe ssional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim and a $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 connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

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

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

(4) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this 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 the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.

(6) Claims Made Policies:

If any of the required policies provide coverage on a claims -made basis, the following applies:

i. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work.

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

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

(7) 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.

(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 required by this clause) and a copy of the

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Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.

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

(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. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

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

8. INDEMNIFICATION

Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, whic h 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, judi cial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to t he 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, contain ed in the work product or documents provided by Consultant to the City pursuant to this Agreement.

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10. RECORDS

Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete an d 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 nonp ublic 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 pub licly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE

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

13. NON-DISCRIMINATION

Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, n ational 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 Agreemen t. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

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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 contractors retained by City.

16. TERMINATION

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

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

17. WAIVER

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

18. JURISDICTION - VENUE

This Agreement has been executed and delivered in the State of California and the validity,

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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 proce eding 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 Ca lifornia, 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. NOTICE

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

To City:

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

With courtesy copies to:

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:

Stantec
Attn: James A. Cathcart, Project Manager
38 Technology Drive
Irvine, CA 92618
[email protected]

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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, add ressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

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

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

ATTEST: CITY OF SANTA ANA

Jennifer Hall Kristine Ridge
Clerk of the Council City Manager

APPROVED AS TO FORM: CONSULTANT
SONIA R. CARVALHO
City Attorney

By:

Brandon Salvatierra James A. Cathcart
Deputy City Attorney Project Manager

RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director
Public Works Agency
James A. Cathcart
Digitally signed by James A.

Cathcart
Date: 2023.03.16 11:56:32 -07'00'

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EXHIBIT A

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EXHIBIT B

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Proposal for
On-Call Engineering
Design Services for
PFAS Treatment Systems
CITY OF SANTA ANA | RFP NO. 22-133
NOVEMBER 17, 2022

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Contents
Hyperlink-enabled
table of contents in
pdf version
A. Cover Letter 1
B. Agr
eement Statement 2
C. Firm and
Team Experience 3
D. Understanding Scope
of Services 7
E.

Relevant Experience 19
F .

Reference Forms i
G. Fe
e (separate package)
Appendices
Certifications A-1
Resume
s A-7

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Intentionally blank page

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A. Cover Letter and
B. Agreement Statement
A. Cover Letter and
B. Agreement Statement

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 1 November 17, 2022
Attention: Armando Fernandez, PE
City of Santa Ana
Public Works Agency Water Resources Division
220 S. Daisy Avenue, M-85
Santa Ana, CA 92703
Reference: Proposal For On-Call Engineering Design Services for PFAS Treatment Systems, RFP No. 22-133 Dear Mr. Fernandez and Selection Committee Members:

The City of Santa Ana (City) is proactively addressing the challenge of providing your residents with a safe, reliable water supply by treating your groundwater wells for polyfluoroalkyl substances (PFAS), to comply with California’s notification levels. Under Orange County Water District’s (OCWD) PFAS basin-wide program, of the 21 City wells, four treatment systems are in various stages of design and construction to treat five wells impacted by PFAS. The 2020 Carollo Producer Report, prepared by OCWD, identified nine impacted City wells and evaluated individual or centralized treatment schemes. Your planned feasibility study will build upon that early effort to develop a comprehensive City-wide plan to address PFAS at all impacted wells.

Stantec Consulting Services Inc. (Stantec) has been involved in PFAS research, planning, and treatment design for more than a decade. We regularly track both federal and state regulations for our clients across the US. Through our ongoing work at your four OCWD-selected well sites, we have gained significant experience in learning how your water system operates and the unique challenges at each location. Well sites within and adjacent to park areas will require coordination and buy-in from your Parks Department, as well as nearby affected residents. Older well sites may require electrical and or controls upgrades to update to current City standards. In turn, Stantec has teamed with Enterprise Automation (EA) to help design treatment systems that incorporate your system control and operation strategy. Some well sites also have limited treatment space available, such as your Well 38 site that presents unique design challenges.

In addition, Leighton Consulting, Inc. (Leighton) will provide geotechnical support, as they have at your four current project sites. Stantec has partnered with both EA and Leighton on the OCWD projects for the City.

We recognize this is a significant financial impact to system operations and the sooner affected wells come online, the less you have to rely on costly imported water. With a City-led treatment program, projects can be accelerated to meet your schedule rather than relying on OCWD-led designs that have been extended, due to faster and larger expenditure of OCWD funds. Also, the City can progress with treating all affected wells, irrespective of PFAS levels, pending available funding. To expedite implementation and construction, Stantec recommends the City consider prepurchasing long-lead items. Lessons learned from our recent experience with OCWD projects demonstrated that treatment vessels require significant lead time for delivery, which prompted OCWD’s prepurchase of up to 150 vessels. Similarly, emergency generators and motor control centers are experiencing several months to more than a year in lead time. Stantec can work with the City to prepare prepurchase designs and specifications early in our design process to minimize these material delays. Our team also provides the following benefits:

Well Established Local Relationships and Knowledge of Local Infrastructure Our project manager/principal agent, Jim Cathcart, PE, F . ASCE, has been working in Orange County for most of his 45-year career. He is currently overseeing the team working on OCWD’s PFAS Treatment Systems Design for the City.

These established relationships and knowledge of local infrastructure will benefit the City by implementing your treatment systems quickly and efficiently.

A. COVER LETTER

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 2 Water Quality/Water Treatment/Infrastructure
Experts
For the past 10 years, Stantec has advised municipalities, industry, and federal agencies on the science and technologies to address PFAS challenges in communities. Our 1,300 California-based engineers and scientists have also completed planning, design, and construction services for challenging groundwater treatment projects, including supporting:
+ Los Angeles Department of W
ater and Power’s San Fernando
Groundwater Treatment design-build project—one of the largest facilities of its kind
+ South Pasadena Gr
aves Reservoir Granular Activated Carbon (GAC) and
Ion Exchange (IX)Treatment system
+ West V
alley 1,2,3-TCP Planning project
+ Sacrament
o County Water Agency PFAS Treatment Feasibility Study, Well 43 and 47
Committed to Delivering on Schedule
We understand the critical time frames associated with these projects. Similarly, you’ll find that our provided references will support our ability to successfully deliver similar projects and provide the necessary resources to meet your schedule. For example, two recent PFAS treatment system designs were both successfully completed on a fast-track basis. For the City of Cottage Grove, Minnesota, our team expedited the design-build of two temporary treatment facilities to be processing clean water within three months. The design process began May 30, 2017, and water was flowing in the second temporary treatment plant by August 15, 2017.

In providing safe, reliable potable water supplies to City residents—our team looks forward to the opportunity of working with you as trusted advisors to implement your PFAS Treatment Systems.

Regards,
Stantec Consulting Services Inc.

James A Cathcart, PE, F . ASCE
Project Manager/Principal Agent/Senior Principal
38 Technology Drive | Irvine CA 92618-5312
(949) 328-2405
[email protected]
B. AGREEMENT STATEMENT
We have reviewed your proposed RFP/contract terms in Attachment 4: Standard Agreement and believe that should we be selected for this assignment; we will be able to conclude a mutually satisfactory contract with you. Stantec will also meet your stated insurance requirements.

Required Statements
+ We acknowledge r
eceipt of
the addenda posted on
PlanetBids: Addendum 1 on
October 17, 2022.
+ This proposal is v
alid for 120
days and is signed by a senior
principal/authorized
representative who can make
legally binding commitments
for Stantec.
+ Stantec Consulting Services
Inc.is a publicly owned
Corpor
ation.

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C. Firm and Team Experience
C. Firm and Team Experience

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 3 C. FIRM AND TEAM EXPERIENCE
Established in 1954, the Stantec community unites
26,000 employees in 400 locations across six
continents. With 23 California offices, Stantec
encompasses 240 water specialists working throughout
the Golden State, including our core team members who
are locally available from Irvine and Pasadena.

Our services—water treatment, environmental sciences,
engineering, architecture, landscape architecture,
surveying, project management, project economics from
initial project concept and planning through design,
construction, and management—begins at the intersection of community, creativity, and client relationships.

Communities are fundamental. At Stantec, our 67
years of public works engineering experience includes
master plan development, water resources development,
and design of water supply and treatment facilities.

We offer a thorough understanding of requirements,
procedures, and protocols for engineering consultant
services on city-related projects.

Stantec brings innovative, fit-for-
purpose solutions
Our team will provide on-call planning, design, bid phase support, and construction phase support services to
address your needs. We will work with you to evaluate
options to optimize site layouts, to combine centralized treatment facilities, and to consider the latest in industry knowledge about PFAS treatment.

We are continuously looking toward what is next in the
industry and Stantec brings innovative approaches to
the most complex projects. Our designs have satisfied
discharge limits that push the boundaries of existing
solutions. And we continue to conduct research in the
application of developing technologies, and impacts of
contaminants on clients, through our Stantec Institute of Water Technology and Policy, including a focus on PFAS
treatment.

Due to new regulations, and continued statewide
drought—Stantec recognizes the City’s water resource
landscape is changing. This furthers the need for safe, reliable local water supplies and for multiple treatment systems to protect public health. Our team has the
right experience to support the City through this new
landscape, as demonstrated by our recent project
experience (see table below).

Our team—Stantec has partnered with the following firms:

Enterprise Automation (EA)—Established in 1998 EA
is a full-service integration and automation consulting firm located in Irvine, California. With a 42-person staff, EA specializes in water and wastewater treatment,
distribution, and storage. Traditional systems integration services are complemented by a suite of services
ranging from Supervisory control and data acquisition
(SCADA) and OT network audits, consultant and
contractor submittal reviews, master planning, and budget Project Name/Location Client
PFAS
Ion Exchange/
Adsorption
Well Head Design
Hydraulics
Evaluation
Well Modification/
Booster Pump
Treatment
Planning Studies
Preliminary Design
Detailed Design
Bid Phase Services
ESDC
Permitting
On-Call Consulting Services For
PFAS Treatment Systems Design
Santa Ana, California
Orange County
Water District
         
San Fernando Groundwater
Treatment
Los Angeles, California
Los Angeles
Department of Water
and Power
       
PFAS Pilot Phase 1
Cottage Grove, Minnesota
City of Cottage Grove
    
PFAS Extended Pilot
Cottage Grove, Minnesota
City of Cottage Grove
    
PFAS in Groundwater
Cottage Grove, Minnesota
City of Cottage Grove
         
Stantec’s PFAS Treatment Experience

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 4 management. EA’s 24 control system engineers (all with Engineering degrees and a broad range of industry and
manufacturer certifications) share a core focus on the
development of modern SCADA platform.

LEIGHTON CONSULTING, INC.—Founded in 1961, Leighton
Consulting, Inc. (Leighton) is a California corporation bringing more than 60 years of regional knowledge of
geology; regulatory agencies; and local, state, and federal codes to keep projects moving forward. Leighton’s
190-member staff from nine Southern California offices, offers highly experienced Professional Geologists (PGs), Certified Engineering Geologists (CEGs), Registered Civil and Geotechnical Engineers (PEs and GEs), and Regulatory Compliance Specialists. Leighton operates three in-
house, Caltrans- and AASHTO-approved geotechnical
and materials testing laboratories. Technical team
members are OSHA HAZWOPER trained and certified to
recognize potentially hazardous substances and materials.

Laboratories are fully certified and equipped to perform Superpave hot-mix asphalt, Portland cement concrete, and soils and aggregate testing.

We have the extensive subject matter
expertise to provide practical project
solutions. Our breadth of qualified discipline
experts are readily available to complete
the work within City’s desired time frame.

Project Name/Location Client
PFAS
Ion Exchange/
Adsorption
Well Head Design
Hydraulics
Evaluation
Well Modification/
Booster Pump
Treatment
Planning Studies
Preliminary Design
Detailed Design
Bid Phase Services
ESDC
Permitting
CEC and PFAS Study
Aurora, Colorado
City of Aurora
  
Eielson Air Force Base
Fairbanks, Alaska
US Air Force Civil
Engineer Center
    
Feasibility Study: Treatment of
Well Sites 43 and 47 for PFAS
Removal—Elk Grove, California
Sacramento County
Water Agency
     
Evaluation of Sources and
Solutions for Presence of PFAS
Machesney Park, Illinois
North Park Public
Water District
       
Graves Reservoir Replacement
and Wellhead GAC and IX
Treatment
City of South Pasadena,
California
City of South
Pasadena
      
West Valley 1,2,3-TCP Impact
and Solutions Study
Rialto, California
West Valley Water
District
    
Sustainable Water Infrastructure
Santa Monica, California
City of Santa Monica
        
Feasibility/Scoping Study to
Construct Granular Activated
Carbon Treatment Plants
Montclair, California
Monte Vista Water
District
   
Lake Forest Zone B to C
Recycled Water Pump Station
Lake Forest, California
Irvine Ranch Water
District
   
Wellhead Treatment, Well 4
Tempe, Arizona
City of Tempe
    

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 5 Project Manager/Principal Agent
Jim Cathcart, PE, F . ASCE Technical Review
 Jim Borchardt, PE
 Ken Martins, PE
Project Team Experience
Survey
 Greg Sebourn, PLS,
MASCE
Site Civil
 Nahid Heidarbaghi, PE,
LEEDAP
Mechanical
 Sean Neprud, PE,
LEEDAP

Geotechnical
 Leighton Consulting
Structural
 Simon Lin, Ph.D., PE, SE
Electrical
 Bruce Wong, PE, PMP ,
ENV SP
Instrumentation and Controls
 Nadarajan “Sanki”
Sankaran, PE
Cost Estimating
 Jim Loucks, PMP , CCP
Treatment/Process
Mechanical
 Tyler Hadacek, PE
 Ryan Capelle, PE
Hydraulics
 Tori Klug, PE
System Integration
Enterprise Automation
Engineering Services
During Construction
 Cole Warrick, PE
 Dan Heston
The following team members are available to start the assigned design packages immediately with the highest priority and production. The leadership team we’ve selected are all local to the City. They are supported by design discipline staff in our Irvine and Pasadena offices. We have the flexibility and deep bench or subject matter resources to create additional functional teams through our design centers. Please see the Appendices for resumes and percentage of time our staff will be devoted to your project.

Stantec Design Centers
Our design centers bring together a
diverse group of civil, electrical, HVAC and
plumbing, instrumentation and control
(I&C), process mechanical and structural
engineers, as well as registered architects
and CAD designers and technicians to meet
critical schedules.
 Local
 Recent PFAS Experience
Project Engineer: Planning Study
 Tyler Hadacek, PE*

Our local, multidiscipline team will be lead by Senior Principal Jim Cathcart, PE, F .ASCE. Jim has decades of experience managing multimillion-dollar projects with diverse project teams for both
traditional and design-build projects. He
demonstrates the portfolio and program
management skills necessary for your
projects. Jim also champions new ideas
and initiatives that create environments
to support implementation of innovation.

He brings vast expertise in leading our
design Center team of subject matter
experts and subconsultant firms.
4 6 11
Decades of water
system planning
and facility design
W ell head
equipping
designs
Groundwater
Tr
eatment
Projects
Jim Cathcart
Project Engineer: Design-Bid and Construction
 Cole Warrick, PE*

Meet Your
Project
Manager
*In charge (if project manager/principal agent is unavailable)

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 6 Recent Local and Relevant PFAS Experience
Our team offers a spectrum of seasoned and innovative PFAS expertise from the science of assessment to technologies for water treatment and remediation. We have provided PFAS solutions to municipalities, private- sector industrial clients, and national governments. From current experience with OCWD, we are familiar with the City’s design standards and will bring valued lessons learned to your PFAS project.

Key Team Member
Years of
Experience
PFAS
Well Head Design
Hydraulics
Evaluation
Well Modification/
Booster Pump
Treatment
Ion Exchange/
Adsorption
Planning Studies
Preliminary Design
Detailed Design
Bid Phase Services
ESDC
Permitting
Jim Cathcart, PE,
F .ASCE
Project Manager/
Principal Agent
45            
Tyler Hadacek, PE
Project Engineer:

Planning Study and
Treatment Process
Mechanical
9            
Cole Warrick, PE
Project Engineer: De-
sign-Bid-Construction
and Engineering Services
During Construction
5           
Jim Borchardt, PE
Technical Review
44          
Ken Martins, PE
Technical Review
40      
Ryan Capelle, PE
Treatment/Process
Mechanical
25            
From our work on the OCWD’s PFAS Treatment Systems Design: our team understands the exact details to implement your PFAS project

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D. Understanding of Scope
D. Understanding of Scope

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 7 D. UNDERSTANDING SCOPE OF SERVICES
With the rapidly growing number of regulatory
levels and public health goals for per- and poly-
PFAS compounds, and the additional planned
regulations from both California and the USEPA;
the City is planning ahead to
address PFAS at your
existing groundwater wells (regardless of current
concentrations). Under the OCWD PFAS basin-wide
program, five groundwater wells are currently in
various stages of design and construction to treat
the wells with IX treatment processes. With 21
existing groundwater wells providing a significant
portion of the City’s water supply, the swift and
streamlined planning, design, and construction of
additional groundwater treatment facilities is critical to minimize potential financial impacts from the
costs of supplementing supply with imported water.

In selecting design consultants to provide on-
call planning study, design, bid phase support,
and construction phase support services for
the remaining impacted groundwater wells,
we understand consultant services under this
contract may be for any one or group of City owned
groundwater wells. Well 26 has been identified as
one facility requiring wellhead treatment.

Approach
This section outlines Stantec’s proposed approach
toward on-call planning in addressing City-wide
treatment options, as well as design, bid, and
construction phase services. Our approach is
tailored for the specific considerations of Well 26
and is generally applicable to any of the City’s other
groundwater well sites.

Project Management
Our overall project administration and design
supervision will be an on-going task from initial
planning through construction and start-up of the
treatment facilities. This task will include regular
communication with City staff, other affected
stakeholders, and internal project design staff.

Monthly invoicing and project status reporting
is also included. An initial kick-off meeting,
regular progress meetings, and workshops will
be conducted based on the needs of each on-call
project assignment. Project management effort will
be included separately in the planning tasks, and
design services tasks.

Schedule and Staffing
We have identified staff who are available and
committed for your on-call project. In turn, we also
understand project schedules can change and
staffing conflicts may arise during project delivery
(see Preliminary Schedule). To proactively address
keeping projects on schedule and budget, Stantec
affords a broad network of resources accessible
across multiple offices. As a large and integrated
company, we use this staffing network to help
mitigate staffing issues that may arise. As a recent
example, for LADWP’s San Fernando Groundwater
Treatment design-build project, we mobilized close
to 200 staff across 22 business centers/offices to
deliver final design for 25- and 40-MGD treatment
facilities within 12 months (over 2,000 drawings)—
during the initial Covid-19 outbreak.

Planning Study
To provide a holistic and well-defined plan for PFAS
treatment for impacted wells, the Stantec team
proposes a systematic process with input from the
City along with milestone workshop meetings. The
process will begin by obtaining and reviewing water
quality data, operations information, how each well
is integrated with City reservoirs and the distribution system, along with performing site visits to all
identified well sites. We believe planning is only
as good as the information available. Fortunately,
the Stantec team is already familiar with much
of the City’s wells and water operations. We will
apply this knowledge to Well 26 and any other wells
considered under this study. Additionally, we believe
planning needs to be collaborative, and for the
study as a whole and for each new site considered
we value City input, preferences, and priorities. Our
team has done infrastructure and treatment system
planning for decades, including our recent work
with the West Valley Water District and Sacramento
County Water Authority among others, and you can
ask them about our approach to executing those
projects (see Relevant Experience).

Our proposed work sequence consists of:
+ Kick-off Meeting with the City—Review and
discuss scope of work, schedule, and work plan
for the study
. We will confirm the scope of and
the intended results of the study, and the City’s
available information.

City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 8 + Data Collection and Analysis —Review available
information from the City for water quality, site record drawings, planned facility improvements, well flow-rate capacities, reservoir information, and distribution
system operation.
+ Field re
view—Of the affected well sites with City staff
to understand the unique aspects of each site and its
operation.
+ Workshop No. 1—Re
view the list of every impacted well
the City operates and discuss the operation, system
hydraulics, flow rates/annual production, and water
quality at each. Review potential treatment scenarios
(blending, individual well site treatment, centralized
treatment) and prepare conceptual site layouts.
+ Alternatives De
velopment, Site Planning—Prepare an
analysis of each well site’s existing infrastructure,
hydraulics, any additional pretreatment needs, and the
most appropriate treatment system (centralized
treatment, individual well site treatment).
+ Workshop No. 2—Pr
esent alternative treatment
approaches for each well and preliminary site layout
alternatives. Planning level costs will be presented for alternatives as necessary for evaluation/comparison.

Here 3D renderings could be prepared for public or City presentations as a value-added service.
+ Draft Repor
t—For the City’s review, we will prepare
findings, preliminary costs, identify any impacted
stakeholders, and make recommendations regarding
groundwater well treatment alternatives and
approaches. Our analysis will include preliminary
hydraulics and additional infrastructure requirements, if any. Planning level cost opinions will be prepared and
compared with any available funding sources the City
has along with an implementation plan and schedule
(including phasing of priority treatment sites), and a list of required permits to design and construct the
necessary facilities for each site.
+ Prepar
e Final Report—which will incorporate the City’s
review comments.

As part of our approach, we will leverage the strengths of our local experience and industry experts to provide a thorough planning study for the City to serve as a
roadmap for wellhead treatment. The following outlines
how our team will add value to the City:

Incorporate unique institutional knowledge
From the OCWD on-call program, Stantec’s gained
knowledge allows us to evaluate and plan more efficiently and accurately. For example:
+ Our team knows that recr
eational park locations will
require approvals from the Parks Department with the
likely support of 3D renderings. We know this does not
apply for Well 26; however, we can budget this into our design and account for it in the schedule should this
apply to any other City wells.
+ We understand the electrical systems ar
e dated at
some wells and may require upgrades. We have EA, as
the City’s trusted integrator, on our team to advise of I&C upgrades that are planned and/or necessary for
compatible system operations. Our electrical designers
know the upgrades that were necessary at Well 40 and
38, and will identify and plan for similar requirements at other well sites.
+ Stantec is familiar with the PFAS
Treatment Systems
Planning Study Producer Report previously prepared
through OCWD and the water quality from the wells
sampled for that study, all of which were above the NLs for PFOA, PFOS, and the new limit for PFHxS.

Identify options to accelerate schedule
We expect that schedule is important to reduce reliance on high-priced imported water. We will discuss schedule acceleration ideas with the City to identify where the
advantages benefit the City, such as:
+ Pre-pur
chasing vessels can avoid long fabrication lead
times due to high demand for the types of pressure
vessels used for these media-based treatment systems.

Similarly standby generators and electrical control
equipment are becoming increasingly hard to obtain.

We have helped many clients pre-procure equipment
and have standard specifications that can help us
produce pre-purchase bid packages quickly.
+ Our existing designs of other City sites can be
lev
eraged to accelerate the design schedule for any
site. We will be starting work from reviewed and proven layouts and specifications that already incorporate the City’s preferences and standards for many design
aspects.

Water quality expertise
The Stantec team brings a variety of experience on PFAS treatment outside of Orange County to support this
project as needed. In addition:
+ Our team has piloted ion exchange for PF
AS treatment
Stantec’s culture embraces
using first principle science
in our industry-leading water
treatment models and does not
rely on potentially biased vendor
predictions.

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 9 and understands the particular challenges with
pretreatment related to iron and manganese in
groundwater and will evaluate this at each well to
determine whether pretreatment is needed.
+ Stantec has partner
ed with Johns Hopkins University
laboratory and is experienced in analytical water quality protocols and analytical techniques. We can assist with additional PFAS sampling plans for City wells, if needed. + Our team brings leading-edge industry knowledge in
PF
AS regulations and treatment and will leverage this
industry knowledge for the City’s benefit. For example, we recommend designing the IX vessels to support use
with alternative medias or GAC, if future use of
alternative media becomes more favorable. We are
currently using this design concept for our project in
Tempe, Arizona.
+ We ar
e aware of and track emerging PFAS regulations—
our team closely follows recent public health goals from the EPA and the anticipated MCLs from EPA for PFOA
and PFOS, and the newly announced NLs and RLs for
PFHxS; along with five other PFAS compounds currently
on California’s list of future regulations. This knowledge can help determine appropriate treatment schemes and
better prepare the City for the future.

Optimization tools
We have considerable experience developing, designing,
and implementing water treatment technologies and
removal effectiveness of PFAS compounds to non-detect
levels. In addition, we have developed a specific tool
to evaluate the use of GAC or IX as the base treatment
system. As part of our due diligence associated with each project, we will develop a preliminary design analysis for the new treatment processes using our IX Design Tool
and can evaluate GAC using a similar tool if desired.

The information developed from the treatment modeling
efforts will be incorporated into the site development
analysis regarding site footprints and equipment
arrangements.

As a cost-saving approach, performed for other systems, we will also consider use of vessel side taps to monitor the contamination “wave front” as it accumulates in the bed. This advantage is that in some instances, it may
be plausible to use only single pass vessels in parallel, reducing the number of vessels by half. This concept has already been approved by the Division of Drinking Water (DDW) for volatile organic compounds treatment systems.

We are adept at comparing alternatives for cost-
effectiveness, for example evaluating individual well site treatment versus centralized treatment. In some cases,
the more cost-effective approach is obvious. When its
worth evaluating, we have spreadsheet models that will
calculate the capital costs for treatment, conveyance,
pumping for decentralized versus centralized scenarios.

We also have a team within Stantec who can identify and analyze candidate parcels using GIS and then perform
market analyses based on real estate information to help estimate land acquisition costs. The output is life-cycle cost comparisons that reveals the more cost-effective
alternative. We most recently performed this evaluation for MWD’s regional water reuse program and can apply this
tool during the planning phase of your project if needed.

Preliminary Schedule
Upon notice to proceed (NTP) we will work with City staff to finalize our proposed schedule:

Task Start End Duration
(Days)
NTP/Project Kick-off
Meeting 1/11/23 1/13/23 3
Data Collection and
Analysis
1/16/23 2/24/23 28
Workshop No. 1—
Planning Study Kick off
1/27/23 1/27/23 0
Alternatives
Development, Site
Planning
1/30/23 3/9/23 28
Workshop No. 2—
Present and Review
Alternatives
2/27/23 2/27/23 0
Cost Estimate +
Permitting + Schedule
2/28/23 3/28/23 21
Draft Report 2/28/23 4/28/23 44
Final Report 5/1/23 6/8/23 28
At LADWP’s existing, dense North Hollywood Central
location—innovation and collaborative design were keys to success for this 25-MGD groundwater treatment plant

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 10 Design Phase
After the planning study has concluded, Stantec will
proceed with the various stages of preliminary and
detailed design, initially for Well 26. As one of the largest water treatment design consultants in the world, we plan to use local in-house staff to execute our designs, with the exception of geotechnical and control/automation
services. We maintain all other necessary design
disciplines, including full survey services, along with architectural and landscape services, if needed. This
affords the ability to quickly assemble design teams
familiar with each other and streamlines communication
throughout the design process.

Preliminary Design Phase
An important element in design is regular
communication: It is critical that our design team and
City staff engage in early and frequent communication.

Stantec will prioritize the thorough review of all record drawings, a complete investigation and documentation of existing site features, and interviewing City engineering and operations staff to understand the state of existing facilities as completely as possible. This information will form the basis of our team’s design concepts and will be revisited at each design stage to minimize the potential for unexpected design and construction costs. As we
have learned during the design and construction of the
Well 40 and 38 sites under the OCWD on-call contract,
particular areas of interest that require identification during the early stages of design include:
+ Site access and O&M constraints and consider
ations
+ Location of existing City owned and private utilities within the pr
oject site
+ Age/condition of existing mechanical and electrical
equipment
+ System hydr
aulics analysis
+ Any planned site impro
vements or expansions
To demonstrate and document our understanding of the
design constraints, criteria, and objectives, we will prepare a design report that evaluates the proposed alternatives from the planning study against these standards. The
report preparation consists of the following:
+ Surv
ey and Base Map Preparation: Monuments will be
observed to retrace the extents of any easements and
the centerlines and nearby streets right of ways within the project limits. Of particular importance to the Well 26 site is the verification of any easements associated with the railway behind the property. The results will be incorporated into a base-map illustrating existing
right-of-way conditions. Available agency research, prior surveys, and assessor parcel maps will be used to
prepare the base map.
+ Information Collection: First and for emost, we will
request, collect, and document all City, private utility, and public utility records and documentation as
described in the previous paragraphs. The planning
study will be reviewed to identify the proposed
alternatives and design criteria. After review of the
collected records, we will engage the City as needed for additional input on the project design criteria and goals. + Preliminar
y Design Report Preparation: The report will
consist of an existing conditions description and
evaluation, the project’s design criteria and other
objectives, proposed design alternatives, geotechnical
findings, required controls modifications, and Stantec’s recommendations.
+ Preliminar
y Design Review: Stantec will submit the
Preliminary Design Report to the City for review. A
review workshop will be held with City staff and the
Stantec team. The goal of this preliminary design
review is to verify Stantec’s understanding of the
existing facilities and City’s specific design objectives, as well as to confirm the City’s agreement with the
presented recommendations.
+ Final Design Report: Based on the f
eedback obtained
from the preliminary design review, we will prepare a
Final Design Report that will form the foundation and
guidelines for detailed project design. At this time, the preferred design alternatives will be selected, and all design recommendations will be finalized to establish a clear direction for thef the project’s design.

The submission and acceptance of the Final Design
Report will complete the preliminary design phase. All
identified major design questions, criteria, and risks
will have been answered, addressed, and mitigated at
this point to help ensure the smooth completion of the
detailed design, bidding, and construction phases.

Detailed Design Phase
Following the framework established by the Final Design Report and 30 Percent Design documents, Stantec will
prepare a detailed and coordinated set of construction
documents (CDs). To verify production of the highest-
quality CDs, Stantec will employ a robust quality
assurance and control (QA/QC) program at each level
of document submittal. The QA/QC program will review
all design calculations, check for compliance with state and local regulations, verify the design is coordinated with existing site constraints, and cross check between the discipline drawings and specifications to coordinate design requirements between the documents. This QA/

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 11 QC program paired with City review of the progress submittal packages will minimize construction conflicts and reduce redesign efforts.

More specific considerations that will be prioritized during the detailed design include standardization, nuisance noise reduction, and construction schedule optimization. Stantec’s recent and on-going experience with the design and construction of four IX groundwater treatment facility sites under the OCWD on-call contract has provided us with valuable lessons learned and insight needed to focus on these specific design considerations and the City’s preferences, as follows:
+ Standardization:

Since the City already has multiple IX
wellhead treatment projects underway with the OCWD on-call contract, standardization of the equipment to minimize spare parts inventory and simplify the City’s O&M will be a high priority for the design of future IX treatment systems.

However, Stantec recognizes that sole-sourcing major
equipment for the sake of standardization can result in less competitive pricing from vendors. To keep equipment costs as competitive as possible and still achieve a reasonable level of standardization, we will explore equivalent products with compatible consumable and/or wearable components. One
example would be researching alternative manufacturers for the cartridge filter housing that use the same size and style filter elements. Additionally, limiting the types and pre- approved manufacturers of mechanical equipment, such as valves, pumps, and special fittings will also be explored. By narrowing the field of pre-approved manufacturers and
prioritizing the compatibility of components, we can optimize the relationship of equipment standardization and market competition to balance competitive capital costs with minimal O&M inventory and expenses. Similarly, it is important that the design conforms with the City’s standard design guidelines and construction details to simplify O&M and help ensure compatibility with existing City systems.
+ Nuisance Noise Reduction: Many of the City
’s well sites are
located in public areas and/or near residential properties. The addition of equipment—such as pumps, motors, and
generators—may produce nuisance noise. We will design noise barriers (screening walls), sound attenuating enclosures, and other acoustical dampening systems that will meet the City’s municipal code requirements at the property line. Addressing noise reduction will help prevent complaints from adjacent residents and will reduce the amount of attention drawn toward the facility’s operation.
+ Construction Schedule Optimization: To pr
event the need to
augment the City’s water supply with expensive imported water The current, and rapidly growing, list of notification and response levels necessitates prompts speedy action by the City. Selected design consultant(s), and contractor(s) will Proven Local
Experience
City’s Well 31 design concept rendering
Santa Ana Well 27 & 28, 31, and 38
PFAS Treatment—in design
• Creative layout alternatives to optimize
the space-limited sites
• Rapid mobilization of local staff to the
site as needed to tailor design to existing
infrastructure
• Integration of new onsite hypochlorite
systems
Santa Ana Well 40 PFAS
Treatment—under construction
• Navigated various stakeholder input and
requirements—OCWD, residential HOA,
and City Parks Department
• Quick response to changes during
design and construction (e.g. emergency
generator, electrical infrastructure)
LADWP San Fernando
Groundwater Remediation
• Managed complex progressive design-
build project on-time and on-budget
• Procured GAC pressure vessels and media
• Integrated design and construction
into urban, space-limited site while
maintaining continuous operations
South Pasadena Graves Reservoir
Treatment
• Successful implementation into a space-
limited site in residential neighborhood
• Prepared engineering report to obtain
DDW permit amendment to operate

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 12 Designing for Operabilty, Life-cycle costs
Cartridge Filters
Prior to treatment, IX filters require removal of suspended solids from the raw water to avoid blinding the media bed, which extends the life of the media. Industry standard is a prefiltration process with five micron rated filters. This filtration step will be accomplished using horizontal, high- flow cartridge filters, which provide the following benefits:
•
Horizontal orientation allows for ease of access
and change out of filters at chest height, pr
otecting
operator safety and reducing the time required per
change out
•
Access at ground le
vel eliminates the need for raised
platforms, reducing cost, and
maintenance
•
Significantly reduces
number of units, as higher
flow housings, r
educe
construction costs, and
improve efficiency of filter
change out
•
All filters use the same
cartridge filter element,
allowing for ease of
pur
chase, storage, and
replacement for all sites
• Piping will be routed
under
ground, improving
access
The number and size of cartridge filters are designed to evenly distribute flow between filters, while providing the capability for N+1 redundancy at each site.

Cartridge filters are preferred in lieu of bag filters as they offer a higher surface area, reducing the rate of increase in differential pressure, which effectively increases their dirt holding capacity between exchanges. Our example
of life-cycle cost analysis is shown below. The labor is significantly reduced based on number of filters and ease of replacement (horizontal vs. vertical) resulting in a better value to the City for a life-cycle efficient design.
need to address and mitigate PFAS compounds at—all
affected, and even unaffected—well sites. Pairing this
urgent need with the lingering effects of a disrupted
supply chain, and the City’s ability to produce its own water may be impacted for a significant time. During
the detailed design phase, Stantec will work with
equipment vendors and material suppliers to help
determine the availability and lead times of critical
design features. With this information and an
anticipated construction sequence, we will incorporate
the most available materials to minimize potential delay in the overall construction schedule. Stantec will also develop detailed construction sequencing and duration
requirements within the technical specifications to
provide the City with as much control as possible over
the schedule. This will help reduce the amount of time
the City may need to import water while a well (or group of wells) are not operational during construction.

At the completion of the detailed design phases, Stantec will provide the City with a complete set of bidding and CDs for advertising to contractors.

Bidding Phase
To promote a timely and successful bidding process, it is imperative that the City, with the design team’s assistance, respond to all inquiries promptly and thoroughly. This
provides the bidders the most possible time to review
bidding documents and addenda to prepare an accurate
bid with as little ambiguity as possible. To accomplish this, Stantec would record and document all questions
posed during the pre-bid meeting, as well, as all questions submitted via other channels. An addendum (if needed)
would be created and issued, with the City’s input, within one week of the pre-bid meeting. The need for additional addenda would be determined after this point and would
be expedited to as much as practically possible.

Title Cartridge Cartridge Bag Bag
Mass to be removed, lbs 300 300 300 300
Dirt holding capacity each filter, lbs 20 25 0.5 1
Cost per filter $200 $200 $3 $3
Filters per housing 15 15 25 25
Number of changes 1.0 0.8 24.0 12.0
Change out time (hours) 3 3 6 6
Rate/hour $75 $75 $75 $75
With labor: Cost per lb $10.75 $8.60 $42 $21
Without labor: Cost per lb $10 $8 $6 $3
Note: Information from Fil-trek Corporation (a supplier who provides both bag and cartridge filter equipment) was used in this analysis.

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 13 Construction Phase
Engineering services during construction (ESDC) for this project will serve a multi-purposed role including verification of conformance to the design intent, facilitation of discussion and conflict resolution, protection of the City’s interests, and record keeping. Construction activities can move very quickly, complicating these roles. To avoid this and meet the requirements of the above-mentioned role, we will take the following steps:
+ Organization: With a flurr
y of communications occurring during the
construction process, it is easy to lose track of outstanding or pending items. A highly organized system of documenting and tracking construction submittals, requests for information (RFI), change orders, transmittals, and the like is one of the most important ways of ensuring a that “everything stays within our radar.” We propose using construction management software, such as Procore, to provide all parties access to real time information in one convenient location. This would provide ease of mind and transparency for the City as well as help keep the project on schedule.
+ Proactiv
e Communication: Frequent communication among all
parties helps builds the trust and confidence to keep a project on schedule. As we have demonstrated during the construction of Well 40, Stantec will engage the City, contractor, and any construction management personnel via emails, phone calls, and/or conference calls as necessary to verify all parties are on the same page to lead the project toward successful completion. For example, during Well 40 construction, Stantec submittal and RFI response time was usually significantly less than allowed by the specifications. + Prioritization: Construction projects mo
ve quickly. We respond
thoroughly to communications, submittals, RFI, and change orders, as we understand these have the potential to cost the contractor and/or the City either time, money, or both. For Well 40 construction and all of our projects under construction, our team prioritizes construction related work. Furthermore, we will communicate with the contractor to prioritize select equipment submittals, RFI, and change orders over other items for this project to facilitate time- sensitive items.

After the contractor has determined they have substantially completed project construction, we will inspect the work to confirm its conformance to the design intent. We will use our experience from the ongoing OCWD on-call contract to guide the successful commissioning of the facility.

PFAS in Groundwater
Cottage Grove, Minnesota
• Analyzed PF
AS contamination
trends
• Expedited design and installation
of a granular activ
ated carbon
groundwater treatment system for
the potable water system
Fast-track PFAS
Project Success
Our team has experience with
activated carbon and ion exchange
PFAS removal, as well as
accelerated project schedules for
these processes.

Eielson Air Force Base
PFAS Treatment
Alaska
• PFOS and PFOA Treatment
• GAC Treatment
• Uninterrupted Service to the Base
• Fast-tracked design-build contract
•
Capable of treating 1,500 GPM of
water and r
educing PFAS to below
detection levels

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 14 TASKS NECESSARY FOR SUCCESSFUL COMPLETION
Scope of Services
The following defines our scope of services included
within this proposal and our fee estimate.

1. PLANNING STUDY

AND CONSULTING

SERVICES
The Stantec team will perform a Planning Study for the
City in which the number of wells impacted by PFAS, their location, and areas available for a treatment system(s) and site access will be examined. The Planning Study will assess how the treatment system(s) would be integrated
into the City’s existing operations, help determine
whether a centralized treatment plant is feasible for
combining wells, provide alternative design options,
assess the potential for blending, provide initial support for permitting and develop capital costs associated
with potential land acquisition, permitting, pipeline
connections and system integration.

The scope of work consists of the following for the
Planning Study:

A. MANAGEMENT ACTIVITIES
Stantec will conduct project management activities to
facilitate adherence to budget and schedule. Our team will coordinate and attend meetings with City staff during the planning study, consisting of the following: one project kick off, two planning workshops, one review meeting for the draft report. These meetings will be held virtually via Microsoft Teams except the kick-off meeting, assuming
this is the City’s preference. Stantec will provide minutes for each meeting as well as biweekly progress updates to the City.

B. WELL ASSESSMENT AND INITIAL TREATMENT
DESIGN
Stantec will review information provided by the City on the City’s groundwater conveyance systems, impacted wells,
reservoirs, imported water connections. Our team will
conduct site visits per the City’s request to help determine available area of land for the PFAS treatment system(s), which are assumed to be able to be completed in two full days. Stantec will assess how the treatment system(s)
will be integrated into the City’s existing operations. We will also review existing and available information on
the City’s historical PFAS bench- and pilot-scale testing, as well as historical Planning Studies performed and
existing PFAS treatment facility layouts, and adhere to the standards set therein.

In the preliminary Planning Study, the Stantec team will provide a conceptual layout for each requested location by the City based on existing ion exchange (IX) treatment systems (Aqueous Vets System rated for 150 PSI). For all IX wellhead treatment designs, we will include cartridge filter pre-treatment, a sand separator, IX lead-lag system capable of addressing the well(s)’s gallon per minute
capacity, an emergency generator, and an additional
sound attenuated booster pump to combat the head loss
experienced through the new treatment system.

C. PERMIT ASSESSMENT
Stantec will perform an initial permitting assessment to understand any requirements, as well as develop a list of required permits (including permit description, issuing regulatory agency, summary of permit requirements, and
permit acquisition timelines).

D. FEASIBILITY STUDY
The Planning Study will include a feasibility study in which we will investigate hydraulic conditions of existing wells and help determine what modifications to existing well
pumps and booster pumps will be necessary, if any, for
the installation of the proposed PFAS wellhead treatment facilities.

E. COST ESTIMATES
Stantec will provide an opinion of probable construction costs (OPCC) for the treatment facility equipment,
any necessary land acquisition to accommodate a
treatment system(s), permitting, plumbing connections,
transmission alignments and system integration. Stantec will also provide capital, maintenance and operation cost estimates for IX treatment system(s).

F . PRELIMINARY SCHEDULE
Stantec will develop a preliminary phasing schedule for construction in the Planning Study. The plan is intended to provide the City a schedule and projected annual outlays for financial planning. In the preliminary schedule, we will include the anticipated duration of construction, as well as utility extensions required.

G. FINAL REPORT
The final report will consist of a summary of the planning study items listed herein and will be submitted to the City for review and comments. We will provide a PDF digital
copy of the preliminary report and shall incorporate
comments made by the City prior final report submission.

Our final report will also include a summary of major

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 15 findings, any significant challenges or common themes relevant to the City’s system. We will recommend future actions by the City as next steps toward PFAS treatment implementation. The report will contain descriptions of operation and maintenance for the treatment systems
such as IX resin frequency of change out, sample/
analysis frequency, and whether additional staff and
training is required. We have assumed the planning study will evaluate all 21 City groundwater wells. We know that four Wells (18, 24, 36, and 39) at the Garthe Station are impacted by PFAS, and the RFP identifies Well 26 as also impacted. For budgeting purposes, in addition to these
two sites, we assume we will investigate up to three
additional sites for treatment.

2. DESIGN PHASE
Once the Planning Study has been completed, Stantec
will pro
vide design services, including preparation of
design drawings, specifications, OPCC, and permitting
requirements. All submittals described herein will be
provided in the form of a PDF digital copy (full-size). The design phases will include the following items:

A.

Draft Design Repor
t (10 Percent Design
Submittal)
Key technical staff from the Stantec design team will
attend a site visit to observe the existing conditions.

Above-ground utilities, structures, adjacent property types, site access, and available space will be observed and
documented for reference during the design development.

Stantec will perform a desktop review of all available
record drawings from the City and other local utilities.

Our team will develop a Preliminary Design Report that
identifies alternative layouts and potential risks based on the site visit, criteria and constraints identified by the planning study, and the results of the desktop review of record drawings. The Preliminary Design Report will be
submitted to the City for review to identify the preferred design alternative(s).
+ Surv
ey and Base Map Preparation: Monuments will be
observed to retrace the extents of any easements and
the centerlines and right of ways of nearby streets
within the project limits. Of particular importance to the Well 26 site is the verification of any easements
associated with the railway located behind the property.

The results will be incorporated into a base-map
illustrating existing right-of-way conditions. Available agency research, prior surveys, and assessor parcel
maps will be used to prepare the base map.

Current aerial topography and existing planimetrics
data will be obtained for the sites. The photography will be flown for use at a scale of 1” = 20’, with contours
at 1-foot intervals. Spot elevations and existing site
features identifiable from photography will also be
compiled.

+ Geotechnical Services: Our subconsultant, Leight on,
will conduct a detailed review of geotechnical reports
and publications relevant to the project site(s) that are available in their in-house library and the public domain, using as much available subsurface information as
possible to reduce time and effort in the geotechnical
field exploration. Areas where subsurface data are
lacking, additional field exploration and laboratory
testing will be conducted. Once additional work is
approved, encroachment permits, where necessary, and
utility clearance will be obtained.

The field exploration may include borings, cone
penetration testing soundings, test pits, and
geophysical survey, depending on the subsurface soil
and groundwater conditions, proposed project, and site
access and conditions. Representative soil samples
will be collected at selected depths from the borings
and/or test pits and transported to the laboratory for
testing. Geotechnical analyses will be performed in
accordance with the most recent codes and procedures
required by local, state, and federal agencies.

Analyses will include evaluation and mitigation of
seismic hazards (e.g. strong seismic shaking from
an earthquake, earthquake-induced landslides, and
liquefaction), geologic hazards (e.g., soft soils, shallow groundwater, and slope instability), and corrosion
potential of concrete and metal in contact with soils.

Recommendations for seismic design parameters,
foundation design, lateral earth pressures and
frictional resistance for retaining wall design, pavement structural sections, and earthwork will be developed
as needed. The findings and recommendations will
be presented in a formal report that will be signed
and stamped by a California-licensed geotechnical
engineer. Leighton can also provide geotechnical
observation and testing during construction for quality control/assurance purposes.
+ Utility Research:

Stantec will search existing utilities in
the area and along proposed street alignments if
conveyance is required. We will prepare a utility contact spreadsheet listing potential utilities and log
information requests and when data has been received.

A utility plan will denote existing above and below
ground utilities to help determine on-site utility
arrangements.

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 16 B. Final Design Report (30 P ercent Design
Submittal)
The Stantec team will review and respond to the City’s
comments and feedback on the Preliminary Design Report
and incorporate feedback into the Final Design Report.

The report will include further development of preferred alternative(s), preliminary hydraulic analysis, preliminary electrical system analysis, preliminary control system
analysis, and identification of necessary permitting
requirements
. At this time, Stantec will prepare 30 percent
design documents consisting of 30 percent drawings, a list of anticipated technical specification sections, a Class 3 OPCC, and an updated design schedule. A discussion of
any prepurchase items will also be documented. The Final Design Report will be submitted to the City for review and comment.

C.
60 Per
cent Design Submittal
After the Final Design Report approval, Stantec will
incorporate any City comments into the 60 percent design documents. These drawings will generally include final
site plans, yard piping plan and profiles, general structural details, structural sections, equipment lists, mechanical plans and sections, general electrical details, electrical single lines and equipment elevations, cable and conduit schedules, control schematics, general instrumentation
details, and P&IDs. The 60 percent specification package will include draft versions of the technical specification sections. A Class 2 OPCC
will be prepared for the 60
percent design package. The project schedule will be
updated with current design deliverable dates, anticipated biding phase dates, the estimated construction duration, and the estimated system start-up date. Prepurchase
items will have necessary plans and specifications
prepared for bidding and early procurement.

D.
90 Per
cent Design Submittal
Upon 60 percent design approval, Stantec will incorporate any City comments into the 90 percent design documents.

A complete set of detailed design drawings and finalized technical specification sections will be provided.

The technical specification will include a Startup and
Commissioning section which identifies the goals,
systems, and commissioning process. The City’s standard bidding/contract provisions, general provisions, and or special provisions (City’s front-end documents) will be prepared in draft form updated versions of the Class 2
OPCC
and the project schedule will be prepared.

E. Final Design (100 Per
cent Design Submittal)
After 90 percent design approval, Stantec will incorporate any City comments into the final design documents for
bidding. Final design drawings will include general sheets, demolition plans and details, and detailed civil, structural, mechanical, electrical, and instrumentation sheets.

Landscaping designs can also be provided if necessary.

Drawings will be developed showing plan, profile, section, and detail views for each discipline. Drawings will be
prepared in AutoCAD 2017
version. Originals will be
prepared in 24” x 36” format. Electronic plans will be in .dwg format. A typical drawing list is included below.

General
1 G-1 Title Sheet
2 G-2 Location & Vicinity Maps & Drawing Index
3 G-3 Symbols
4 G-4 Abbreviations
5 G-5 Hydraulic Profile and Process Flow Diagram
Demo
6 D-1 Demolition Plan
Civil
7 C-1 Civil General Notes
8 C-2 Existing Site Plan
9 C-3 Paving And Grading Plan
10 C-4 Yard Piping Plan
11 C-5 Raw Water Plan and Profile
12 C-6 Filtered Water Plan and Profile
13 C-7 Treated Water Plan and Profile
14 C-8 Drain and Flush Water Plan and Profile
15 C-9 Civil Details
Structural
16 S-1 General Structural Notes
17 S-2 Special Inspection Notes 1
18 S-3 Special Inspection Notes 2
19 S-4 Standard Details 1
20 S-5 Standard Details 2
21 S-6 Foundation Plans
22 S-7 Foundation Sections
23 S-8 Structural Details 1
24 S-9 Structural Details 2
Mechanical
25 M-1 Mechanical General Notes & Abbreviations
26 M-2 Mechanical Schedules1
27 M-3 Mechanical Schedules 2
28 M-4 Mechanical Site Plan
29 M-5 Enlarged Plans and Sections 1
30 M-6 Enlarged Plans and Sections 2
31 M-7 Mechanical Details 1
32 M-8 Mechanical Details 2
Electrical
33 E-1 General Electrical Notes & Abbreviations
34 E-2 General Electrical Symbols
35 E-3 Standard Details
36 E-4 Site Plan
37 E-5 Power, Lighting & Grounding Plan
38 E-6 Single Line Diagram
39 E-7 Conduit Schedule

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 17 40 E-8 Booster Pump Control Schematic
41 E-9 Fixture and Panel Schedule
Instrumentation
42 I-1 General Notes & Abbreviations
43 I-2 Instrumentation Legend
44 I-3 Installation Details 1
45 I-4 Installation Details 2
46 I-5 Installation Details 3
47 I-6 Installation Details 4
48 I-7 Network Block Diagram
49 I-8 PLC Panel Layout
50 I-9 Well P&ID
51 I-10 Ion Exchange System P&ID 1
52 I-11 Ion Exchange System P&ID 2
53 I-12 Chemical System P&ID
54 1-13 Emergency Generator P&ID
The final specification package will include complete City front-end documents, technical specification sections,
and appendices. Final specifications will be provided
in a compiled PDF document with relevant sections
bookmarked. Final updated versions of the Class 2 OPCC
and project schedule will be provided.

Bid Phase
Stantec will provide technical support during the bid
phase. We will attend a pre-bid job walk and pre-bid
meeting with prospective contractors. During the bid
period we will address bidder’s questions and RFI and
prepare up to two project addenda. We assume 20 hours
will be needed to address contractor questions during
the bid period. If requested, Stantec can assist with
contractor prequalification, and with providing documents on the PlanetBids Portal.

Construction Phases
During construction we will respond to RFI or
clarifications, review shop drawing submittals, review
requests for construction change orders, and assist
with final inspection of the work. A final set of as-built drawings derived from the contractor’s red line drawings will also be prepared. The following quantities are
assumed for the Engineering Services During Construction based on recent similar projects:
+ Up to 15 contr
actor RFIs will be reviewed and responses
prepared
+ Up to 100 shop dr
awing submittals and resubmittals
will be reviewed
+ Up to 5 construction change or
ders will be reviewed
+ Up to 10 meetings will be attended as needed in the
field t
o address design questions and conduct
structural inspections
+ Two final inspection site visits will be attended
+ One punch list will be generated fr
om the final
inspection
D. CODE COMPLIANCE
All materials and workmanship shall be in strict
conformity with federal, state and local codes,
requirements, standards of the latest editions, and
guidelines, including revisions of the following:
+ California Building Code (CBC)
+ American National Standards Institute (ANSI)
+ American Society of T
esting and Materials (ASTM)
+ Department of
Transportation (DOT)
+ California State Water Resour
ces Control Board
+ Department of Drinking W
ater (DDW)
+ South Coast Air Quality Management
District (SCAQMD)
+ Environmental Pr
otection Agency (EPA)
+ Occupational Safety and Health Administr
ation (OSHA)
E. PROJECT MANAGEMENT AND COORDINATION
When a request for service is issued to the City, we will issue a fee estimate to the City’s designated Project
Manager. Stantec will not proceed with any work without the approval of the City’s designated Project Manager in the form of a NTP .

We will invoice the City on a monthly basis for all work performed during the period or provide a one-time invoice at the completion of work issued. Each invoice shall be accompanied by a summary of tasks performed, contract
agreement number, results and progress on long-term
tasks if any.
3D renderings from Stantec’s ongoing projects with OCWD on City of Santa Ana infrastructure helps stakeholders visualize the final treatment facility. Our team has worked closely with you to define technical treatment elements, as well as architectural and landscaping requirements.

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 18 SUGGESTIONS OR SPECIAL CONCERNS THE CITY SHOULD

BE AWARE OF
F. VALUE ADDED RELATED SERVICES
In addition to the above scope items, Stantec proposes
the City consider the following additional related services.

These value added services are not included in our fee
schedule, upon request we will provide an additional fee schedule for any items the City decides to include.

1. 3D Renderings
Stantec can prepare three-dimensional renderings of up to ten views of the PFAS treatment system design for a given site for use in City presentations or public stakeholder meetings to illustrate the visual look and feel of the new facilities.

2. DDW Permit Assistance
Amended Permit Assistance: In close coordination and
with information and input from the City for specific
topics, we can prepare an engineering report for DDW
permit amendment for the planned system modifications
to be submitted by the City. This review will evaluate the system background and recent analytical history, purpose, and reason for system changes, proposed treatment
equipment additions, chemical additions, conveyance
changes, and anticipated operational changes. Stantec
will respond to and incorporate one round of DDW
comments and attend two meetings with DDW.

Operations Maintenance and Monitoring Plan (OMMP):

Stantec can prepare an updated OMMP in coordination
with the City for the new treatment system, which is
required by DDW to obtain the amended permit. Stantec
will prepare a draft version of the OMMP for submission by the City to DDW, and Stantec will respond to and
incorporate one round of DDW comments and attend two
meetings with DDW.

3. Electrical Equipment Replacement
As encountered during the OCWD on-call contract, many
of the City’s existing well sites are powered by aged
electrical equipment that may be either undersized for
the new electrical demands, or past its useful service life.

As seen in the Well 26 record drawings provided with the RFP , the existing Motor Control Center (MCC) is more than 50 years old. While this MCC appears to have adequate
capacity for the addition of a booster pump, it would likely prohibit the addition of at least one of the 125 horsepower future pumps. It is our experience that the City generally prefers to upgrade this older equipment. As such,
Stantec can replace the Well 26 MCC with new electrical equipment as part of the design.

4.Chemical System Upgrades
It is unclear from the Well 26 record drawings what type of chemical disinfection systems are present and what
their current state is. If the equipment is in need of
replacement, then we can incorporate a similar system as provided at the City’s Well 38.

5. Construction Inspection Services
As is currently being provided for the construction of Well 40, Stantec can provide part-time construction inspection services and special inspection services (compaction
results, concrete compressive strength testing, welding inspection, and structural observations). These services would relieve the time requirements for City staff during construction.

6. Prepurchase Procurement Package for IX
System and Emergency Generator
Stantec can prepare technical specifications to support the prepurchase of IX vessels and/or an emergency
generator for a given site. This will be a single
procurement package. The City will provide their standard purchase agreement, front ends, and request for proposal and Stantec will assist with compiling a complete and
coordinated procurement packages for bidding. Stantec
will answer technical questions during bidding and
provide a technical evaluation of submitted bid proposals.

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E. Relevant Experience
E. Relevant Experience

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 19 Project Name Description Client/Contact Reference/Status On-Call Consulting Services
For PFAS Treatment Systems
Design
Santa Ana, California
•
Ion exchange PF
AS treatment process
addition on exisitng wells
• Pro
vide site layout alternatives, evaluate
site access and O&M requirements, prepare
3D renderings for public outreach, and
evaluate system hydraulics
•
Services pr
ovided include preliminary
design, final design, bid phase support,
engineering services during construction,
and part time inspection services
•
Status: Currently under construction—
W
ell 40; finishing final design—Well 38;
predesign—Well 31; preliminary design—
Wells 27 and 28
Orange County Water District
Ben Smith, Director of Recharge
and Wetland Operations
18700 Ward Street
Fountain Valley, CA 92708
(714) 378-3211
[email protected]
Year Completed: Ongoing
San Fernando
Groundwater Treatment
Los Angeles, California
•
Fast-tr
ack progressive design-build
requiring coordination with permitting
agencies and key resources
•
Two miles of 48” diameter supply pipe with
capacity of 17,100GPM
•
Second WTP capacity of 34,300 GPM with
separ
ate process trains
•
Combination of sand separation, pr
e-
filtration, chemical treatment advanced
oxidation, and GAC filtration
Los Angeles Department of
Water and Power
Regina Peng
Project Manager
111 North Hope Street
Los Angeles, CA 90012
(213) 367-4976
[email protected]
Year Completed: Ongoing

Graves Reservoir
Replacement Project and
Wellhead IX and GAC
Treatment
City of South Pasadena, California
•
Prepar
ed a preliminary design report that
identified existing conditions, deficiencies
with the current facility, two alternatives
for the pump station, design criteria, water
quality analysis, process selection for
nitrate and perchlorate removal, sizing of
sodium hypochlorite generation equipment,
site layout, and cost opinion
•
Prepar
ed final GAC and IX treatment
designs
City of South Pasadena
Anteneh Tesfaye
Water Operations Manager
1414 Mission Street
South Pasadena, CA 91030
(626) 441-4024
[email protected]
Year Completed: 2020
TCP Impact and Solutions
Study
Rialto, California
•
Determined the most appropriate and cost-
eff
ective approach for treating 1,2,3 TCP
from two District wells
• Ev
aluated production logs, water quality
data, site infrastructure, and onsite
wellhead treatment vs. centralized treatment
•
Prepar
ed conceptual level design for
GAC treatment, integration into existing
IX facility, hydraulics analysis, and cost
opinion
West Valley Water District
Van Jew
Assistant General Manager
855 W Baseline Rd
Rialto, CA 92376
(909) 875-1940
[email protected]
Year Completed: 2021
E. RELEVANT EXPERIENCE

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 20 Project Name Description Client/Contact Reference/Status

PFAS Pilot
Cottage Grove, Minnesota
•
Pilot progr
am to demonstrate ion exchange
(IX) as long-term treatment alternative
•
Determine efficacy of PFAS r
emoval using
a combined treatment regime, specifically
GAC followed by IX
•

Pro
vide economic comparisons
•
Pro
vide high level performance costs
City of Cottage Grove
Ryan Burfeind, City Engineer
12800 Ravine Pkwy south
Cottage Grove, MN 55016
(651) 458-2899
[email protected]
Year Completed: Ongoing
PFAS in Groundwater
Cottage Grove, Minnesota
• Analyzed PF
AS contamination trends and
develop strategy to treat
• Expedited design and installation of
granular activ
ated carbon groundwater
treatment system
MPCA Superfund Program
Gary Krueger
Supervisor
East Metro PFAS Unit
520 Lafayette Road
St. Paul, MN  55155
(651) 757-2509
[email protected]
Year Completed: 2017
Eielson Air Force Base Water Treatment Plant Upgrades
3D Design
Eielson Air Force Base GAC Treatment System

Eielson Air Force Base
Fairbanks, Alaska
• Feasibility Study t
o address PFOA/
PFAS substances with GAC treatment
recommended
•
On-time deliver
y even though EPA reduced
long-term health advisory in the middle of
design
•
Pro vided construction management and
startup services
• Design and operation modified with no
change t
o deadline
US Air Force Civil Engineer
Center (AFCEC)
Tracy Kissler
Project Manager
1047120th Street
JBER, AK 99506
(907) 552-9762
[email protected]
Year Completed: 2018
Feasibility Study for
Treatment of Well Sites 43 &
47 for PFAS Removal
Elk Grove, California
•
PFAS
treatment alternatives analysis with IX
selected due to small footprint
• Conceptual design for two wells, including
IX v
essels and site modifications
• Cost estimating for construction, O&M, and
life-cy
cle costs
Sacramento County Water Agency
Dave Zuccaro
Associate Civil Engineer
827 7th Street Room 301
Sacramento, CA 95814
(916) 875-6917
[email protected]
Year Completed: 2022

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F . Reference Forms
F . Reference Forms

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 i
F. REFERENCE FORMS
Orange County Water District Ben Smith, Director of Recharge and Wetland Operations
(714) 378-3211
[email protected]
Ongoing
18700 Ward Street
Fountain Valley, CA 92708
$277 million
Preliminary design, final design, bid phase support,
engineering services during construction, and part time inspection services
Los Angeles Department of
Water and Power Regina Peng, Project Manager
(213) 367-4976
[email protected]
Ongoing
111 North Hope Street
Los Angeles, CA 90012
$260-$300 million
Fast-track progressive design-build requiring coordination with permitting agencies and key resources; two miles of City of South Pasadena
Anteneh Tesfaye
Water Operations Manager
(626) 441-4024
[email protected]
2020
1414 Mission Street 1
South Pasadena, CA 91030
$12.2 million
48” diameter supply pipe with capacity of 17,100 GPM; second WTP capacity of 34,300 GPM with separate process trains; combination of sand separation, pre-filtration, chemical treatment advanced oxidation, and GAC filtration Prepared: a preliminary design report that identified
existing conditions, deficiencies with the current facility, two alternatives, design criteria, water quality analysis, process selection for nitrate and perchlorate removal, sizing of sodium hypochlorite generation equipment, site layout, cost estimate, and final GAC and IX treatment designs

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 ii
MPCA Superfund Program
Gary Krueger, Supervisor
East Metro Unit, Remediation Division
(651) 757-2509
2017
Ongoing
520 Lafayette Road
St. Paul, MN  55155
$2.2 million
West Valley Water District
Van Jew, PE
Assistant General Manager
(909) 875-1940
[email protected]
2021
855 W Baseline Rd.

Rialto, CA 92376
$42,000
City of Cottage Grove Ryan Burfeind, City Engineer
(651) 458-2899
[email protected]
Ongoing
12800 Ravine Pkwy South
Cottage Grove, MN 55016
$650,000
Determined approach for treating 1,2,3 TCP from two District wells; evaluated production logs, water quality data, site infrastructure, and onsite vs. centralized treatment; prepared conceptual level design for GAC treatment, integration into existing IX facility, hydraulics analysis, and cost opinion Pilot progr am to demonstrate ion exchange (IX) as long-term
treatment alternative; dDetermine efficacy of PFAS removal using a combined treatment regime, specifically GAC followed by IX; provide economic comparisons; and provide high level performance costs
Analyze PFAS contamination trends and develop strategy
to treat; and expedited design and installation of granular activated carbon groundwater treatment system

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 iii
Text
Text
Sacramento County Water Agency Dave Zuccaro, Associate Civil Engineer (916) 875-6917
[email protected]
2022
827 7th Street Room 301
Sacramento, CA 95814
$65,000
Eielson Air Force Base Tracy Kissler, Project Manager
(907) 552-9762
[email protected]
2018
1047120th Street
JBER, AK 99506
$415,089
Feasibility study, construction management and
startup services
Conceptual design for two wells, cost estimating for
construction, O&M, and life-cycle costs

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 A-1

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 A-2

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Appendices
Appendices

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Certifications
Certifications

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City of Santa Ana | On-Call Engineering Design Services for PFAS Treatment Systems RFP NO. 22-133 A-3

CITY OF SANTA ANA
RFP NO.: 22-133

ON-CALL ENGINEERING DESIGN SERVICES FOR PFAS TREATMENT SYSTEMS

City of Santa Ana RFP 22-133
On-Call Engineering Design Services for PFAS Treatment Systems