Santa Ana City Council
April 18, 2023

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Facility Systems, Equipment, Software, and Related Services. By leveraging the procurement power through cooperative purchasing, the City of Santa Ana can obtain nationally vetted, high-quality products at competitive volume pricing, per the City’s existing Purchasing guidelines.

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

Fiscal
Year
Accounting Unit
(Project No.)
Fund
Description
Accounting Unit,
Account Description Amount
2022-23 01117017-66200
(23-6031)
General
Fund
PWA-Service
Enhancement, Buildings
& Building Improvements
$400,000
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
10 –
2 4/18/2023

Public Works Agency and Library Services Agency
www.santa-ana.org/public-works
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 18, 2023
TOPIC: Purchase of F-59 Ford Chassis Book Mobile Conversion Vehicle for the Library

AGENDA TITLE
Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an F-59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23-013) (General Fund and Cannabis Public Benefits Fund)

RECOMMENDED ACTION
Authorize a one-time purchase and payment to Matthews Specialty Vehicles for a 2023 F-59 Ford chassis book mobile conversion, in the amount of $414,922, plus a contingency of $25,000, for a total amount not to exceed $439,922, subject to non- substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency’s Parks, Fleet, and Facilities Services Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Santa Ana Public Library's purpose is to respond to the community's informational, educational, and personal interest needs using books, materials, technology, and professional expertise.

The City of Santa Ana has a high-density population of approximately 310,000 over 27 square miles, with large portions of the City’s population not living within close proximity to a public library. To provide Santa Ana residents with better library services, Public Works and the Library have collaborated to bring a second, larger bookmobile to the Santa Ana community. This much-needed additional community resource will allow the Library to meet residents closer to where they live, work, and play.

Between July and December of 2022, the City’s current bookmobile, also known as the Knowledge Mobile, made over 170 site visits, checked out 5,165 books, served 23,913 people, created 528 new library cards, and attended 32 special events. Adding a second, larger vehicle will allow for an expanded service route and enable visits to more special events, community centers, local nonprofits, parks, and schools throughout Santa Ana. The new vehicle will have more room for library book collections and technology, as well as additional space to welcome the public onboard the vehicle. The vehicle will also be equipped with a more robust technology platform that includes a large screen TV, sound system, and other multimedia functions. Offering an enhanced

City Council
11 –
1 4/18/2023

Purchase of F-59 Ford Chassis Book Mobile Conversion Vehicle for the Library April 18, 2023

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mobile library service will better provide educational and recreational support across the entire City and allow the Library to respond more adequately to community needs.

The Notice Inviting Bids was advertised on January 27, 2023, on the City’s online bid management and publication system. A summary of the bid invitation and bids received is as follows:
129 Vendors Notified
11 Santa Ana Vendors Notified
14 Vendors Downloaded the Bid Packet
4 Bids Received
0 Bids Received from Santa Ana Vendors
Four bids were received and opened on February 24, 2023, and evaluated. The bid received from LDV, Inc. was deemed non-responsive due to missing required documents. The results are as follows:

Vendor Location Amount
Matthews Specialty Vehicles, Inc. Greensboro, NC $379,780.00 Chefs Units, LLC Houston, TX $379,808.79
Farber Specialty Vehicles Reynoldsburg, OH $430,211.00
LDV, Inc. Burlington, WI Non- Responsive
The bid submitted from Matthews Specialty Vehicles, Inc. is responsive to the specifications and meets the City’s requirements. The total purchase price including sales tax is $414,922.

FISCAL IMPACT
The current fiscal year funding is available in the FY 22-23 budget in the following accounts:

Fiscal
Year
Accounting
Unit-Account
#
Fund
Description
Accounting Unit, Account
Description Amount
2022-23 01111017-
66400 General Fund Library-Service Enhancement,
Machinery & Equipment $400,000
2022-23 01211020-
66400
Cannabis
Public Benefit
Fund
Library Youth Services,
Machinery & Equipment $39,922
TOTAL $439,922

City Council
11 –
2 4/18/2023

Purchase of F-59 Ford Chassis Book Mobile Conversion Vehicle for the Library April 18, 2023

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8 0
Submitted By: Brian Sternberg, Library Services Director Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
11 –
3 4/18/2023

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 18, 2023
TOPIC: Purchase Order Amendment for Asphalt Pothole Repair

AGENDA TITLE
Authorize a One-Time Appropriation Adjustment of $500,000 Using General Funds Balance to Increase the FY 2022-23 Annual Amount for Asphalt Pothole Repair by $300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification No. 18-092) (General Fund)

RECOMMENDED ACTION

1. Authorize a one-time appropriation of $500,000 using General Fund balance to 01117017 Public Works - Service Enhancements for FY 2022-23 Roadway Maintenance. (Requires five affirmative votes)

2. Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair to increase the current term by $300,000, for a total annual amount not to exceed $1,200,000, and add one, two-year renewal term to the purchase order exercisable by the City Manager and City Attorney, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency’s Maintenance Services Division is responsible for maintaining approximately 400 miles of roadway within Santa Ana. The services provided under the asphalt pothole repair contract include the repair of potholes and the repair of small damaged pavement areas with asphalt overlay. The purchase order also provides for sidewalk asphalt ramping to reduce risks to pedestrians.

On November 20, 2018, the City Council awarded a purchase order to All American Asphalt for an annual amount not to exceed $550,000 to perform the services mentioned above. In order to respond to the increased number of service requests, the City Council approved amendments to the purchase order on November 16, 2021 and August 16, 2022 to increase the purchase order amount by $147,800 and $202,200, respectively for a total amount of $900,000.

City Council
12 –
1 4/18/2023

Purchase Order Amendment for Asphalt Pothole Repair
April 18, 2023

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8 5
The historic rain amount over the winter and spring of 2022/2023 has caused extensive damage to City streets, and in keeping with City Council’s directives to provide responsive public services, staff recommends the current contract term be increased by $300,000 to ensure sufficient funds are available to perform necessary street repairs.

Furthermore, additional Emergency Purchase Orders totaling $200,000 have been issued on a temporary basis for additional contractual service providers to rapidly augment the service levels for pothole repairs.

Additionally, it is recommended that one additional, two-year term be added to the purchase order in order to take advantage of the favorable pricing. The additional budget will also help to avoid deferring pothole repairs until major street reconstruction projects are performed.

All American Asphalt has provided services to the Public Works Agency’s Engineering Division for several years and most recently completed the following Capital Improvement Projects (CIP):

Project ID Project Title
20-2707 Adams Park Parking Lot Improvements
20-6957 MacArthur Blvd. Rehabilitation from Flower Street to Main Street FY 2022-2023
20-6907 Local Street Preventative Maintenance FY 2019-2020 20-7533 Residential Street Repair Program FY 2019-2020
21-6976 Flower Street Rehabilitation - McFadden Ave. to First St.

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:

Fiscal
Year
Accounting
Unit- Account #
Fund
Description
Accounting Unit,
Account Description Amount
CURRENT ANNUAL AMOUNT (1-Year Term)
2022-23 02917660-62300 Special Gas
Tax
Roadway Maintenance,
Contract Services-
Professional
$900,000

REQUESTED AMENDMENT AMOUNT
2022-23 01117017-62300 General
Fund
PWA - Service
Enhancement, Contract
Services-Professional $300,000
ADJUSTED SUBTOTAL $1,200,000
OPTIONAL EXTENSION (2 YEAR TERM)

City Council
12 –
2 4/18/2023

Purchase Order Amendment for Asphalt Pothole Repair
April 18, 2023

3 3
8 5
Fiscal
Year
Accounting
Unit- Account #
Fund
Description
Accounting Unit,
Account Description Amount
2023-24 02917660-62300 Special Gas
Tax
Roadway Maintenance,
Contract Services-
Professional
$900,000
2024-25 02917660-62300 Special Gas
Tax
Roadway Maintenance,
Contract Services-
Professional
$900,000
Total $3,000,000
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
12 –
3 4/18/2023

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 18, 2023
TOPIC: Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS)

AGENDA TITLE
Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 20-6963, ATPSB1L-5063(199) (Non-General & General Fund)

RECOMMENDED ACTION

1. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS.

2. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project’s funding requirement.

3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 18, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.

4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work.

City Council
13 –
1 4/18/2023

Construction Contract for Kennedy Elementary and Villa Fundamental Intermediate SRTS
April 18, 2023

3 3
7 8

5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2020-96 was filed for Project 20-6963.

DISCUSSION
Kennedy Elementary and Villa Fundamental Intermediate SRTS project will make improvements for pedestrians and bicyclists traveling in the vicinity of Kennedy Elementary and Villa Fundamental Intermediate Schools (Exhibit 1). The project will take place in the vicinity of the two schools, with improvements at intersections and a striped bike path along Chestnut Avenue from Grand Avenue to Elk Street. The purpose of the project is to increase safety and convenience for pedestrians and bicyclists that utilize this corridor, primarily students.

The scope of work includes reconstruction and installation of driveways, missing sidewalks, sidewalk repairs, curb and gutters, cross gutters, curb ramps, slurry seal, cold mill, AC pavement, signing and striping, and traffic signal modifications.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 52 regional vendors via PlanetBids, many of which are Santa Ana based. A total of four bids were received. No bids were received from any Santa Ana contractors.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on February 17 and 22, 2023. The project was also advertised in PlanetBids from February 14 through March 2, 2023. Bids were received electronically via PlanetBids on March 2, 2023.

Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 Diamond Construction & Design La Habra, CA $ 1,374,150 2 Palp, Inc. DBA Excel Paving
Company Long Beach, CA $1,922,165
3 Hardy & Harper, Inc. Lake Forest, CA $2,140,000
4 EBS General Engineering, Inc. Corona, CA $2,229,770
A total of four bids were received and all were deemed responsive. Diamond Construction & Design submitted the lowest responsive base bid in the amount of $1,374,150 (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

City Council
13 –
2 4/18/2023

Construction Contract for Kennedy Elementary and Villa Fundamental Intermediate SRTS
April 18, 2023

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reference check, staff recommends awarding the construction contract to Diamond Construction & Design for the base bid totaling $1,374,150 (Exhibit 3).

Diamond Construction and Design has successfully completed a recent project for the City of Santa Ana. The most recent project was the Residential Street Repair Program, Project 22-7533. The type of improvements included in their previous project is similar to the required scope of the Kennedy Elementary and Villa Fundamental Intermediate SRTS. In addition, the construction inspector and project manager were satisfied with the quality of previous work performed for the City.

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the labor requirements; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing.

As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,659,049.

Project Item Total
Construction Contract $1,374,150
Construction Administration, Inspection, Testing $ 147,484 Project Contingencies $ 137,415
TOTAL CONSTRUCTION DELIVERY COST $1,659,049

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2020-96 was filed for Project 20-6963.

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,659,049, which includes construction, contract administration, inspection, testing, and authorized contingencies of $284,899. All funds are available for expenditure in Fiscal Year 2022-23, however, any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2023-24. A proposed carryover of unspent funds will be presented to City Council for the FY 2023-24 portion of this contract.

The following table summarizes the funds budgeted for expenditure to deliver the construction of this project:

City Council
13 –
3 4/18/2023

Construction Contract for Kennedy Elementary and Villa Fundamental Intermediate SRTS
April 18, 2023

3 3
7 8
Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit, Account
No. Description Amount

EXISTING BUDGET
2022-23 14817614-66220
(20-6963)
Traffic System
MGMT Grant
Active Transportation
Program SB1, Improvements
Other Than Building
$1,291,000

ADDITIONAL BUDGET/BUDGET REALLOCATION
2022-23 03217662-66220
(16-6853)
Measure M-
Street
Construction
Measure M2 Local Fairshare
St, Improvements Other Than
Building
$10,690
2022-23 03217662-66220
(17-6892)
Measure M-
Street
Construction
Measure M2 Local Fairshare
St, Improvements Other Than
Building
$29,000
2022-23 03217662-66220
(18-6904)
Measure M-
Street
Construction
Measure M2 Local Fairshare
St, Improvements Other Than
Building
$1,601
2022-23 03217662-66220
(18-6905)
Measure M-
Street
Construction
Measure M2 Local Fairshare
St, Improvements Other Than
Building
$3,500
2022-23 03217662-66220
(19-6904)
Measure M-
Street
Construction
Measure M2 Local Fairshare
St, Improvements Other Than
Building
$7,025
2022-23 03217662-66220
(20-6905)
Measure M-
Street
Construction
Measure M2 Local Fairshare
St, Improvements Other Than
Building
$10,870
2022-23 03217662-66220
(20-6974)
Measure M-
Street
Construction
Measure M2 Local Fairshare
St, Improvements Other Than
Building
$25,000
2022-23 03217662-66220
(21-6905)
Measure M-
Street
Construction
Measure M2 Local Fairshare
St, Improvements Other Than
Building
$20,363
2022-23 03217662-66220
(22-6904)
Measure M-
Street
Construction
Measure M2 Local Fairshare
St, Improvements Other Than
Building
$80,000
2022-23 03217662-66220
(22-6905)
Measure M-
Street
Construction
Measure M2 Local Fairshare
St, Improvements Other Than
Building
$50,000
2022-23 01117620-66220 General Fund
Public Works -
Traffic/Transportation –
Service Enhancement
$130,000
Total $1,659,049

City Council
13 –
4 4/18/2023

Construction Contract for Kennedy Elementary and Villa Fundamental Intermediate SRTS
April 18, 2023

3 3
7 8

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. FY 2020-21 Capital Improvement Program Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
13 –
5 4/18/2023

PWASANTA ANAPUBLIC WORKS AGENCYProject No. 20-6963:Kennedy Elementary-Villa Fundamental Intermediate Safe Routes to School Exhibit 1

City Council
13 –
6 4/18/2023

CITY OF SANTA ANA
PROPOSAL ADDENDUM NO. ONE
PROJECT NO.: 20-6963

KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS P-1 of P-17

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 Unclassified Excavation* 620 CY $ $
2 AC Pavement* 1,260 TN $ $
3 Cold Mill 2”* 62,000 SF $ $
4 Rubberized Emulsion Aggregate Slurry
(REAS), Type II*
160 TN $ $
5 Crack Seal 1 LS $ $
6 PCC Sidewalk (T=4”)* 10,100 SF $ $
7 PCC Driveway/Alley Approach (T = 8”)* 860 SF $ $
8 PCC Curb Ramp* 1,100 SF $ $
9 PCC Curb and Gutter (Type A-2-8)* 1,800 LF $ $
10 PCC Curb (Type B-1)* 260 LF $ $
11 PCC Cross-Gutter (T=9”)* 2,700 SF $ $
12 PCC Grinding* 500 LF $ $
13 PCC Gutter Depression at Catch Basin, include
dowels spaced 18”
30 LF $ $
14 Parkway Box Culvert 1 EA $ $
15 Truncated Dome 2 EA $ $
Diamond Construction & Design
120 $74,400
108.28 $136,432.80

0.38 23,560.00
400 64,000
16450 16,450
16 $161,600
28 $24,080
35 $38,500
52 $93,600
40 10,400
27 72,900
5 2,500
24 720
14000 14,000
1500 3,000

City Council
13 –
7 4/18/2023

CITY OF SANTA ANA
PROPOSAL ADDENDUM NO. ONE
PROJECT NO.: 20-6963

KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS P-2 of P-17
Item Description Qty Unit Unit Price Amount
16 Stamped Concrete* 1,400 SF $ $
17 Aggregate Base * 45 CY $ $
18 Root Shave* 40 EA $ $
19 Remove Tree 1 EA $ $
20 Furnish and Plant tree (Crape Myrtle, 24” box) 1 EA $ $ 21 Furnish and Install Water Valve Frame and
Cover to Finished Grade
10 EA $ $
22 Adjust Manhole Frame and Cover to Finished
Grade
4 EA $ $
23 Signing and Striping 1 LS $ $
24 Furnish and Install Speed Feedback Sign and
Pole
2 EA $ $
25 Traffic Signal Modification at Grand Ave and
Chestnut Ave
1 LS $ $
26 Install APS System at Grand Ave and Chestnut
Ave
1 LS $ $
27 Install Video Detection System at Grand Ave
and Chestnut Ave
1 LS $ $
28 Install 2" PVC Conduit per plan* 20 LF $ $
29 Install 3" PVC Conduit per plan* 60 LF $ $
30 Install 4" PVC Conduit per plan* 410 LF $ $
31 Install No. 6 Pull Box 7 EA $ $
32 Install No. 6E Pull Box 2 EA $ $
33 Install Traffic Signal Loop Detector Type D
(Circular)*
56 EA $ $
34 Install Traffic Signal Loop Detector Type E* 104 EA $ $ 35 Install Traffic Signal Loop Detector Type Q* 4 EA $ $ 36 Pothole Traffic Signal Pole Location for Utility
Conflicts*
4 EA $ $
37 Temporary Overhead Wiring at Grand Ave and
Chestnut Ave
1 LS $ $
25 35,000
115 5,175
600 24,000
800 800
1350 1350
750 7,500
1350 5,400
116,245 116,245
33,680 67,360
181,457 181,457
19,595 19,595
41,195
67 1,340
67 4,020
67 27,470
1200 8,400
1200 2,400
350 19,600
325 33,800
350 1,400
2,100 8,400
7,500 7,500
41,195

City Council
13 –
8 4/18/2023

CITY OF SANTA ANA
PROPOSAL ADDENDUM NO. ONE
PROJECT NO.: 20-6963

KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS P-3 of P-17
Item Description Qty Unit Unit Price Amount
38 Pothole for Utilities Not Show n on the Plans* 2 EA $ $ 39 Project Advertisement Sign 2 EA $ $
40 Construction Permit 1 LS $15,000 $ 15,000
TOTAL BASE BID (Items 1 to 40) $

ADD ALTERNATE BID
Item Description Qty Unit Unit Price Amount
41 Install APS System at Chestnut Ave and Lyon
St
1 EA $ $
42 Install Video Detection System at Chestnut Ave
and Lyon St
1 EA $ $
43 Install GTT Opticom G PS EVP at Grand Ave
and Chestnut Ave
1 EA $ $
The lowest responsible bidder shall be selected based on the to tal base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add-alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the “25%” limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity us ed, 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 one hundred (100) working days after the commencement date stated in the Notice to Proceed. Furthermore, all non-traffic signal related work, including but not limited to sidewalk, curb and gutter, stamped concrete, coldmill, AC pavement, slurr y seal, and signing and striping shall be completed within the first 50 working days.

The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $2,500 per calendar.

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 corporatio n, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Diamond Construction & Design
general partner
1000 2,000
800 1,600
1,374,149.80
17,500 17,500
40,250 40,250
13,050 13,050

City Council
13 –
9 4/18/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-6963

KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS P-4 of P-17
BIDDER’S STATEMENT
BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly auth orized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or d eposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto.

BIDDER further agrees that upon d elivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond subst ituted in lieu thereof accompanying this proposal shall become the property of the AGE NCY and shall be considered as payment of damages due to the delay and other causes suffere d by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said fun ds, check, drafts, or BIDDER’S bond substituted in lieu thereof shall be returned to the undersigned.

BIDDER understands that a bid i s required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work s atisfactorily completed. The BIDDER also certifies that the bid is a balanced bid.

In accordance with Section 7028.15 of the California Business a nd Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct.

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 corporatio n, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Diamond Construction & Design
General Partner

City Council
13 –
10 4/18/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-6963

KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS P-5 of P-17
CONTRACTOR’S LICENSING AND REGISTRATION STATEMENT
The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are re gistered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct.

Contractor’s Name:

Business Address:

Business E-Mail Address:

Telephone:

State Contractor’s License No. and Class:

License Expiration Date:

State Dept. of Industrial Relations (DIR)
Registration No.:

State Dept. of Industrial Relations (DIR)
Registration Expiration Date:

Signed:

Title:

Diamond Construction & Design
921 N Harbor Blvd #622, La Habra Ca 90631
[email protected]
714-240-3698
521295
02/28/25
1000024690
06/30/23
General Partner

City Council
13 –
11 4/18/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-6963

KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS P-6 of P-17

PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at th e Contractor’s principal place of business and at the project site.

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

The undersigned certifies that the foregoing is true and correct.

Name of Firm
Signature of BIDDER
Title
(if an individual, so state)
Diamond Construction & Design
General Partner

City Council
13 –
12 4/18/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-6963

KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS P-9 of P-17

LIST OF SUB-CONTRACTORS
Section 4100 et. seq. of the Public Contract Code requires list ing of all subcontractors with the bid for all subcontract work exceeding the following amount:
o Streets, highways including bridge projects: ½% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ½% of the bid
Section 1725.5 of the Public Contract Code requires all Subcont ractors be registered with the State Department of Industrial Relations (DIR).

BIDDER proposes to subcontract certain portions of the work to the firms listed below:

Name Name
License #/Exp. License #/Exp.

DIR Reg. #/Exp. DIR Reg. #/Exp.

Location Location
Phone Phone
Type Of Work Type Of Work
Amount $ Amount $
Name
Name
License #/Exp. License #/Exp.

DIR Reg. #/Exp. DIR Reg. #/Exp.

License # License #
Location Location
Phone Phone
Type Of Work Type Of Work
Amount $ Amount $
Name
Name
License #/Exp. License #/Exp.

DIR Reg. #/Exp. DIR Reg. #/Exp.

License # License #
Location Location
Phone Phone
Type Of Work Type Of Work
Amount $ Amount $
Signature of Bidder
Hardy & Harper
215952 exp12/31/23
1000000076 exp 06/30/23
32 rancho circle, lake forest
714-444-1851
asphalt
160,000
V&E tree
654506 exp 09/23/24
1000001936 exp 06/30/25
Po Box 3280, Orange ca
714-997-0903
root shave, tree cutting
$24,800
MD rubberized
986686 exp 09/30/23
1000006438 exp 06/30/23
32 rancho circle, lake forest
949-273-6130
crack seal
$16,450

CROSSTOWN ELECTRICAL
756309 EXP 11/30/24
1000000155 EXP 06/30/23
5454 DIAZ ST, IRWINDALE
626-813-6693

TRAFFIC SIGNA
380,307

City Council
13 –
13 4/18/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-6963

KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS P-10 of P-17

REFERENCES
The following are the names, addresses, and telephone numbers f or THREE public agencies for which the BIDDER has performed similar work within the past three years.

1. Name and Address of Owner.

N
ame and Telephone Number of person familiar with project.

C
ontract Amount Type of Work Date Completed

2. N
ame and Address of owner.

N
ame and Telephone Number of person familiar with project.

C
ontract Amount Type of Work Date Completed

3. N
ame and Address of owner.

N
ame and Telephone Number of person familiar with project.

C
ontract Amount Type of Work Date Completed
The following
are the names, addresses, and telephone numbers o f all brokers and sureties from whom BIDDER intends to procure insurance and bonds.

William Syrkin - Millenium Corp Services
ph: 818-203-0408 fax 949-679-7244 5530 Trabucco Rd, Irvine Ca 92620 Lic#0M93299 bonds California State Parks - 35 Crystal Cove, Newport Beach Ca 92657 Randall Gamache - 949-599-6516
rv park repairs, drainage, surface repairs$274,900 DEC 2022 Carpinteria State Beach - 5361 6th St, Carpinteria Ca 93013 Caesar Romo - 805-651-0569
$274,900 repairs surfaces NOV 2022
Calle Real Waterline - 3917 Calle Real San Clemente, Ca 92673 Gregg Diest - 949-337-3139
$846,974 waterline upgrade MAR 2023

City Council
13 –
14 4/18/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-6963

KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS P-11 of P-17

ADDITIONAL REFERENCES
The following are the names, addresses, and telephone numbers f or THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years.

1. Name and Address of Owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

2. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

3. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed
The
following are the names, addresses, and telephone numbers o f all brokers and sureties from whom BIDDER intends to procure insurance and bonds.
ph: 818-203-0408 fax 949-679-7244 5530 Trabucco Rd, Irvine Ca 92620 Lic#0M93299 bonds William Syrkin - Millenium Corp Services
Bicycle Casino - 888 Bicycle Casino Dr, Bell Gardena Ca 90201 $1,473,000
Luis Sanchez - 310-743-5123
street improvements JUN 2021
Residential Street - Santa Ana - multiple locations
Jose Castillo - 714-647-4700
$738,611 street improvements JAN 2023
Rosecrans & Valley View Intersection - Santa Fe Springs Francisco Villasenor - 323-806-7067
$916,653 intersection improvemets DEC 2022

City Council
13 –
15 4/18/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-6963

KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS P-13 of P-17

NON-DISCRIMINATION CERTIFICATE
The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows:

1. The Contractor shall not discri minate against any employee or a pplicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employe e s a r e t r e a t e d d u r i n g employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employmen t, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or ter mination; rates of pay or other forms of compensation; and select ion for training, including ap prenticeship. The Contractor agrees to post in conspicuous places, available to employees an d applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or unde rstanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section, an d shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Contractor shall comply with all provisions of Executive Or der 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her 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.

6. In the event of the Contractor’s non-compliance with the nondis crimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Ex ecutive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

City Council
13 –
16 4/18/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-6963

KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS P-14 of P-17

7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) 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 subcontract or purchase order as the administering ag ency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the ad ministering agency, the Contractor may request that the United States enter into such l itigation to protect the interests of the United States.

8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of p ersons upon public works because of race, religious creed, color, national origin, ances try, physical handicaps, mental condition, marital status, or sex of such persons, except as pr ovided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.

Signed:

Title:

Firm:

Date:

General Partner
Diamond Construction & Design
03/02/23

City Council
13 –
17 4/18/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-6963

KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS P-15 of P-17

STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS
The undersigned BIDDER is familiar with the requirements of Sec tion 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall:

1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected.

2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards.

3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signato ry to the trust agreement shall pay a like amount to the California Apprenticeship Council.

Signed:

Title:

Firm:

Date:

General Partner
Diamond Construction & Design
03/02/23

City Council
13 –
18 4/18/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-6963

KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS P-16 of P-17
STATEMENT REGARDING “ANTI-KICKBACK” REQUIREMENTS
The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland “Anti-Kickbac k” Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Pa rt 3). This act provides that each contractor or subcontractor shall be prohibited from induc ing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled.

Signed:

Title:

Firm:

Date:

General Partner
Diamond Construction & Design
03/02/23

City Council
13 –
19 4/18/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-6963

KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS P-17 of P-17
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contr act Code Section 10162, the BID DER shall complete, under penalty of perjury, the following questionnaire:

H a s t h e B I D D E R , a n y o f f i c e r o f the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Y e s N o
If the answer is yes, explain the circumstances in the following space. x

City Council
13 –
20 4/18/2023

EXHIBIT 3

City Council
13 –
21 4/18/2023

City Council
13 –
22 4/18/2023

City Council
13 –
23 4/18/2023

EXHIBIT A

City Council
13 –
24 4/18/2023

EXHIBIT A

City Council
13 –
25 4/18/2023

EXHIBIT A

City Council
13 –
26 4/18/2023

EXHIBIT 4
Construction Contract 1,374,149.80 $
Contract Administration, Inspection and Testing 147,484.12$ Contingencies 137,415.00 $
TOTAL ESTIMATED CONSTRUCTION COSTS 1,659,048.92$
CONSTRUCTION OF PROJECT NO. 20-6963: Kennedy Elementary and Villa Fundamental Intermediate SRTS

COST ANALYSIS

City Council
13 –
27 4/18/2023

EXHIBIT 5
Kennedy Elementary and Villa Fundamental
Intermediate SRTS
Installation of bulbouts, missing sidewalk, sidewalk repairs, left turn arrows, enhance marked crosswalks, bike lanes along the safe routes to school for Kennedy Elementary and Villa
Fundamental Intermediate.

Project is designed to increase pedestrian/bicylist safety and mobility.

Traffic Improvements
Traffic Safety / Mobility
Public Works Traffic Engineering Kenny Nguyen, Senior Civil Engineer 04-May-2020 26 City Council
13 –
28 4/18/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 18, 2023
TOPIC: Santa Ana Zoo Giant River Otter and Primate Trails Project

AGENDA TITLE
Approve Additional Contingency Funds for an Existing Construction Contract with HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and Primate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No. 16-2658) (General and Non-General Fund)

RECOMMENDED ACTION

1. Approve an amendment to the Project Cost Analysis to recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $7,798,427. The new estimated total construction delivery costs include $5,289,238 for the construction contract, $923,385 for contract administration, inspection, testing, and a $1,585,804 project contingency for unanticipated or unforeseen work, 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 $1,198,427.

DISCUSSION
On November 2, 2021, the City Council awarded a construction contract to HYM Engineering (Exhibit 1) in the amount of $5,289,238, for the Santa Ana Zoo Giant River Otter and Primate Trails with an estimated project delivery cost of $6,600,000.

Construction commenced in February 2022 and the existing “Amazon’s Edge” exhibit, built in 1990 is undergoing a complete renovation of its water filtration system, visitor observation area, and creation of a new enclosed primate habitat with treetop trail for the animals (Exhibit 2). To further respond to the concerns indicated by the Association of Zoos and Aquariums (AZA) about a lack of modern zoological design with regard to old primate enclosures, it was necessary to incorporate more primate habitats into this ongoing project. Staff recommends adding two additional primate habitats to this project, leveraging economies of scale since the contractor is already mobilized. The additional work through this project enables three primate species to move from the 1950s cages

City Council
14 –
1 4/18/2023

Santa Ana Zoo Giant River Otter and Primate Trails Project April 18, 2023

3 3
7 9
into modern habitats at a lower cost to the City and will add nighttime lighting with the extra work, providing accessibility to this signature area during evening events.

Staff requests approval of an amendment to increase the project by $1,198,427 to allow for continued oversight and consistency in delivering the project. These services augment City staff efforts to ensure the timely delivery of the project. These additional costs will be reflected in the revised cost analysis, which adds funds to construction engineering and contingencies (Exhibit 3).

Expenditure
Category
Original
Amount
Additional
Funding New Total
Construction Contract $5,289,238.00 $5,289,238
Construction Administration,
Inspection, Testing $781,838.20 $141,547.00 $923,385
Contingencies $528,923.80 $1,056,880.00 $1,585,804
Total $6,600,000 $1,198,427 $7,798,427

FISCAL IMPACT
On April 4, 2023, as part of the Mid-Year Budget Update, the City Council approved additional funding for this purpose and that is reflected in the Accounting Unit identified below. Approval of the amendment to the FY 2021-22 Capital Improvement Program (Exhibit 4) will officially incorporate these funds in the amount of $1,198,427 into the project.

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

City Council
14 –
2 4/18/2023

Santa Ana Zoo Giant River Otter and Primate Trails Project April 18, 2023

3 3
7 9
Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account
Description
Amount

AMENDMENT TO PROJECT DELIVERY BUDGET
2022-23 01113220-66220 General Fund
PRCSA Zoo,
Improvements Other
Than Building
$1,198,427

EXISTING PROJECT DELIVERY BUDGET
2021-22 02213200-66220 PRCSA Fees
& Donation
PRCSA Fee &
Donation,
Improvements Other
Than Building
$600,000
2021-22 31313260-66220
Residential
Development
District 3
PRCSA-Acquisition &
Development,
Improvements Other
Than Building
$4,955,777
2021-22 31313261-66220
(Proj. 16-2658)
Residential
Development
District 3
PRCSA-Acquisition &
Development In Lieu,
Improvements Other
Than Building
$1,044,223
Total $7,798,427

EXHIBIT(S)

1. Staff Report: Construction Contract Award

2. Location Map

3. Revised Cost Analysis

4. 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
14 –
3 4/18/2023

Public Works and Parks Recreation & Community Services Agencies www.santa-ana.org/pw
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 2, 2021
TOPIC: Santa Ana Zoo Giant River Otter and Primate Trails

AGENDA TITLE
Approve Appropriation Adjustment and Award a Construction Contract to HYM Engineering in the Amount of $5,289,238 for the Santa Ana Zoo Giant River Otter and Primate Trails FY 2021-22 Project with an Estimated Project Delivery Cost of $6,600,000 (Project No. 16-2658) (Non-General Fund)

RECOMMENDED ACTION

1. Award a contract and authorize the City Manager to execute a construction contract with HYM Engineering, the lowest responsible bidder, in accordance with the base bid in the amount of $5,289,238, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Santa Ana Zoo Giant River Otter and Primate Trails project, subject to non-substantive changes approved by the City Manager and the City Attorney.

2. Approve an appropriation adjustment to recognize $600,000 in donations from Friends of the Santa Ana Zoo into the PRCSA Fee & Donation, Gifts & Donations revenue account and appropriate the same amount into the PRCSA Fee & Donation, Improvements Other than Building expenditure account for the Santa Ana Zoo Giant River Otter and Primate Trails project. (Requires five affirmative votes)

3. Approve an appropriation adjustment to recognize $3,108,060.79 from prior-year fund balance in the Residential Development District 3, Acquisition & Development, Prior-Year Carry Forward revenue account and appropriate the same amount into the Residential Development District 3, Acquisition & Development expenditure account for the Santa Ana Zoo Giant River Otter and Primate Trails project. (Requires five affirmative votes)

4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include in construction funds, $600,000 from the PRCSA Fees & Donation Fund, and $3,108,060.79 from the Residential Development District 3, Acquisition & Development Fund, for the Santa Ana Zoo Giant River Otter and Primate Trails project (No. 16-2658), for and total project budget increase of $3,708,060.79.

EXHIBIT 1

City Council
14 –
4 4/18/2023

Award Construction Contract to HYM Engineering
November 2, 2021

2 1
8 6

DISCUSSION
The existing “Amazon’s Edge” exhibit, built in 1990, needs a complete renovation of its water filtration system, moat, and visitor observation area. In addition, the Association of Zoos and Aquariums (AZA) indicated the Santa Ana Zoo needs to modernize primate habitats to regain accreditations. The Santa Ana Zoo Giant River Otter and Primate Trails project will respond to all of these needs by encompassing an extensive transformation that will include redesign and reconstruction of existing facilities, installation of an underwater viewing area, and incorporation of an elevated primate trail system that opens up to large mesh habitats. Once completed, the exhibit will be a multi-species habitat that is home to Giant River Otters and large primates. The location of this project can be found on the attached location map (Exhibit 1).

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of three regional vendors via PlanetBids, none of which are Santa Ana-based. Three vendors requested bidding documents, and a total of three bids were received. Bids were not received from any Santa Ana contractors.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on May 11 and May 18, 2021. The project was also advertised in PlanetBids from July 19, 2021, through August 17, 2021. All Bids were received electronically via PlanetBids on August 17, 2021.

Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 HYM Engineering Inc. Fullerton $5,289,238.00
2 Kazoni Construction Costa Mesa $5,828,567.00
3 Metro Builders & Engineers
Group Newport Beach $6,756,206.00
A total of three bids were received, and all were deemed responsive. HYM Engineering submitted the lowest responsive base bid, in the amount of $5,289,238 (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 HYM Engineering in the amount of the base bid totaling $5,289,238 (Exhibit 3).

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

City Council
14 –
5 4/18/2023

Award Construction Contract to HYM Engineering
November 2, 2021

2 1
8 6
Construction administration and inspection includes construction management; implementation of the City’s Community Workforce Agreement requirements; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $6,600,000.

Project Item Total
Construction Contract $5,289,238.00
Construction Administration, Inspection, Testing $781,838.20 Contingencies $528,923.80
TOTAL CONSTRUCTION DELIVERY COST $6,600,000.00

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2018-18 was for the project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act.

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $6,600,000, which includes construction, contract administration, inspection, testing, and an authorized contingency.

Approval of the requested Appropriation Adjustments will provide the following funding:

1. Recognize $600,000 in donations from FOSAZ into the PRCSA Fee & Donation, Gifts & Donations revenue account (No. 02213002-57081) and appropriate the same amount into the PRCSA Fee & Donation, Improvements Other than Building expenditure account (No. 02213200-66220).

2. Recognize $3,108,060.79 from prior year fund balance in the Residential Development District 3, Acquisition & Development, Prior Year Carry Forward revenue account (No. 31313002-50001) and appropriate the same amount into the Residential Development District 3, Acquisition & Development expenditure account (No. 31313260-66220).

With the approval of the $3,708,060.79 amendment to the Fiscal Year 2021-22 Capital Improvement Program (Exhibit 5) and corresponding appropriation adjustments, the additional funding for this project will be available for expenditure in Fiscal Year 2021-22.

The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2022-23 for expenditure.

City Council
14 –
6 4/18/2023

Award Construction Contract to HYM Engineering
November 2, 2021

2 1
8 6
Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account
Description
Amount

APROPRIATION ADJUSTMENTS
2021-22 02213200-66220 PRCSA Fees
& Donation
PRCSA Fee &
Donation,
Improvements Other
Than Building
$600,000.00
2021-22 31313260-66220
Residential
Development
District 3
PRCSA-Acquisition &
Development,
Improvements Other
Than Building
$3,108,060.79

EXISTING PROJECT BUDGET
2021-22 31313261-66220
(Proj. 16-2658)
Residential
Development
District 3
PRCSA-Acquisition &
Development In Lieu,
Improvements Other
Than Building
$1,044,223.00
2021-22 31313260-66220
(Proj. 16-2658)
Residential
Development
District 3
PRCSA-Acquisition &
Development,
Improvements Other
Than Building
$1,847,716.21
Total $6,600,000.00

EXHIBIT(S)

1. Location Map

2. Bid Results

3. Construction Contract

4. Cost Analysis

5. CIP worksheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency and Lisa Rudloff, Executive Director, Parks, Recreation & Community Services Agency Approved By: Kristine Ridge, City Manager

City Council
14 –
7 4/18/2023

PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 16-2658:

SA Zoo Giant River Otter
Habitat
EXHIBIT 1

City Council
14 –
8 4/18/2023

EXHIBIT 2

City Council
14 –
9 4/18/2023

City Council
14 –
10 4/18/2023

City Council
14 –
11 4/18/2023

EXHIBIT 3

City Council
14 –
12 4/18/2023

City Council
14 –
13 4/18/2023

City Council
14 –
14 4/18/2023

EXHIBIT 4
Construction Contract 5,289,238.00 $
Contract Administration, Inspection and Testing 781,838.20$ Contingencies 528,923.80 $
TOTAL ESTIMATED CONSTRUCTION COSTS 6,600,000.00$
CONSTRUCTION OF PROJECT NO. 16-2658: Santa Ana Zoo Giant River Otter and Primate Trails

COST ANALYSIS

City Council
14 –
15 4/18/2023

CITY OF SANTA ANA FY
21/22
CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Renovate the existing Amazon Edge Exhibit into a new Giant River Otter Exhibit.

PROJECT NEED:

The existing Amazon Edge Exhibit needs complete renovation to its water circulation and pumping system. In addition, AZA indicated the SA Zoo needs updated exhibits to regain accreditations. The old Amazon Edge Exhibit will be completely redesigned into a new Giant River Otter Habitat with an underwater viewing area. The improvements will also include a monkey highway through the trees and landscape to bring the animals closer to the viewer.

PROJECT TITLE:

Santa Ana Zoo Giant River Otter
Habitat
PROJECT CATEGORY:

Park Facility Improvements
Park Facility

LOCATION MAP
AGENCY:

DIVISION:

CONTACT:

DATE:

Parks, Rec. & Community Services
Administration
Ron Ono, Administrative Services Manager
13-Oct-2021

PROJECT COSTS
FY 21/22
FY 22/23
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
Construction
3,708,061
-
-
-
-
-
-
TOTAL
3,708,061
-
-
-
-
-
-

SOURCE OF FUNDS
FY 21/22
FY 22/23
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
A & D District 3
3,108,061
-
-
-
-
-
-

PRCSA F&D
600,000
-
-
-
-
-
-
TOTAL
3,708,061
-
-
-
-
-
-

City Council
14 –
16 4/18/2023

© 2012-2017 Digital Map Products. All rights reserved. 1 258 feet
EXHIBIT 2

City Council
14 –
17 4/18/2023

Current Cost Analysis Amendment Amount Updated Cost Analysis 5,289,238.00$ -$ 5,289,238.00$
781,838.20$ 141,547.00$ 923,385.20$
528,923.80$ 1,056,880.00$ 1,585,803.80$
6,600,000.00$ 1,198,427.00$ 7,798,427.00$ TOTAL ESTIMATED CONSTRUCTION COSTS

REVISED COST ANALYSIS
Construction Analysis
Construction Contract
Contract Administration, Inspection and Testing
Contingencies
CONSTRUCTION OF PROJECT NO. 16-2658: SANTA ANA ZOO GIANT RIVER OTTER HABITAT EXHIBIT 3

City Council
14 –
18 4/18/2023

CITY OF SANTA ANA FY 22/23CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Renovate the existing Amazon Edge Exhibit into a new Giant River Otter Exhibit.

Amendment-Creation of a new enclosed primate habitat with treetop trail for the animals.

PROJECT NEED:

The existing Amazon Edge Exhibit needs complete renovation to its water circulation and pumping system. In addition, AZA indicated the SA Zoo needs updated exhibits to regain accreditations. The old Amazon Edge Exhibit will be completely redesigned into a new Giant River Otter Habitat with an underwater viewing area. The improvements will also include a monkey highway through the trees and landscape to bring the animals closer to the viewer.

Amendment- To further respond to the concerns indicated by the AZA about a lack of modern zoological design with regards to old primate enclosures, it is feasible to add two additional primate habitats to this project.

PROJECT TITLE:

Santa Ana Zoo Amazon's Edge
Giant River Otter Habitat
PROJECT CATEGORY:

City & Park Facility Improvements
Zoo Facility

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works CIP Engineering Staff PWA, Public Works Agency 23-Mar-2023

PROJECT COSTS
Total
Project
Cost FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Construction 5,289,238 - - - - - - -
Contingency 1,585,804 1,056,880 - - - - - -
Engineering 1,439,756 141,547 - - - - - -
TOTAL 8,314,798 1,198,427 - - - - - -

SOURCE OF FUNDS
Total
Project
Cost FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Acquisition & Development Fees 6,516,371 - - - - - - -
Fees and Donation 600,000 - - - - - - -
General Fund 1,198,427 1,198,427 - - - - - -
TOTAL 8,314,798 1,198,427 - - - - - -
EXHIBIT 4

City Council
14 –
19 4/18/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 18, 2023
TOPIC: Centennial Lake Circulation Renovation Project

AGENDA TITLE
Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 2022-23 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 18-2681) (Revive Santa Ana program)

RECOMMENDED ACTION

1. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project.

2. Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work.

4. Authorize the City Manager to execute the first amendment to the agreement with J.

Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional one-year periods upon a writing executed by the City Manager and City Attorney.

City Council
15 –
1 4/18/2023

Centennial Lake Circulation Renovation
April 18, 2023

3 3
8 1

5. Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023-31 was filed for Project 18-2681.

DISCUSSION
The Centennial Lake Circulation Renovation project is a comprehensive rehabilitation effort to improve the existing 10-acre lake located in Centennial Regional Park (Exhibit 1). The current operational equipment and facilities originally installed in 1978 have reached the limits of their design life. The functionality and efficiency of the system are failing and the condition and health of the lake water have declined to the point where park maintenance staff is unable to address the deficiencies.

The construction scope of work takes a holistic approach to restoring and rebalancing the lake with measures involving both mechanical and biological systems and includes new pumps, piping, aeration devices, and natural habitat improvements (Exhibit 2).

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 59 regional vendors via PlanetBids, many of which are Santa Ana based. A total of two bids were received with one bid from a Santa Ana contractor.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on January 19 and 26, 2023. The project was also advertised in PlanetBids from January 25, 2023 through February 28, 2023. Bids were received electronically via PlanetBids on February 28, 2023.

Bid Results Summary
Rank Bidder’s Name Location Base Bid
1 CJW Construction, Inc. Santa Ana, CA $4,942,135
NR Zusser Company, Inc. Los Angeles, CA Non-Responsive
A total of two bids were received and of the two bidders, Zusser Company, Inc. was non-responsive. CJW Construction, Inc. submitted the lowest responsive base bid in the amount of $4,942,135 (Exhibit 3). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to CJW Construction, Inc., in the amount of the base bid totaling $4,942,135 (Exhibit 4).

City Council
15 –
2 4/18/2023

Centennial Lake Circulation Renovation
April 18, 2023

3 3
8 1
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes the following:
construction management; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing.

As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $6,179,135.

The amendment to the Agreement with J. Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement will be budgeted per the construction administration (Exhibit 6).

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2023-31 was filed for the project 18-2681.

FISCAL IMPACT
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. A $3,679,135 cost savings was subsequently identified and redirected, by the City Manager’s authorization, to the Centennial Lake Circulation Renovation project, which is in the Public Health and Safety classification.

As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $6,179,135, which includes construction, contract administration, inspection and testing, and authorized contingencies of $1,237,000. All funds are available for expenditure in Fiscal Year 2022-23, however, any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2023-24.

The following table summarizes the funds budgeted for expenditure to deliver the construction of this project:

Project Item Total
Construction Contract $4,942,135
Construction Administration, Inspection, Testing $742,000 Project Contingencies $495,000
TOTAL CONSTRUCTION DELIVERY COST $6,179,135

City Council
15 –
3 4/18/2023

Centennial Lake Circulation Renovation
April 18, 2023

3 3
8 1
Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit - Account
No. Description Amount
Additional Funds/Budget Reallocation
2022-23
18117013-66220
(From 22-1375 to
18-2681)
American
Rescue Plan
Act
ARPA-PWA, Improvements
Other Than Building $1,342,240
Existing Budget
2022-23 01213020-66220
(18-2681)
Cannabis
Public Benefit
Fund
PRCSA Youth Services,
Improvements Other Than
Buildings
$2,500,000
2022-23
18117013-66220
(From 22-1375 to
18-2681)
American
Rescue Plan
Act
ARPA-PWA, Improvements
Other Than Building $2,336,895
Total $6,179,135

EXHIBIT(S)

1. Location Map

2. CIP Sheet

3. Bid Proposal

4. Construction Contract

5. Cost Analysis

6. First Amendment Agreement with J. Smith & T. Muli, Inc.

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

City Council
15 –
4 4/18/2023

PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 18-2681:

Centennial Lake Circulation Renovation
EXHIBIT 1

City Council
15 –
5 4/18/2023

EXHIBIT 2
CITY OF SANTA ANA FY 22/23 CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT TITLE: PROJECT DESCRIPTION: PROJECT NEED:

Centennial Lake Circulation Renovation Design of a new circulation system on a 10 acre lake at Centennial Park.

In 2017, the City retained a Consultant to analyze the
circulation system at Centennial Park Lake. The report
indicates only a portion of the current
circulation system is working and the lake needs a
complete new circulation system. Currently staff is
manually removing algae from the lake due to the
poor aeration system. The new system is estimated
to cost 2.2 million. Funding has been identified this year to complete the design of the new system.

PROJECT CATEGORY:

City Facility Improvements -
Park Facility Improvements

LOCATION MAP
PROJECT COSTS FY 22/23 FY 23/24
FY 23/24
FY 24/25
FY 24/25
FY 25/26
FY 25/26
FY 26/27
FY 26/27
FY 27/28
FY 27/28
FY 28/29
FY 28/29
Construction 3,679,135
3,679,135TOTAL
SOURCE OF FUNDS FY 22/23
ARPA 3,679,135
TOTAL 3,679,135
AGENCY:

Public Works Agency
DIVISION:

Parks, Fleet & Facilities
CONTACT:

Suzi Furjanic, Assoc. Park Planner
DATE:
28-Mar-2023
- 1 -

City Council
15 –
6 4/18/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 18-2681

CENTENNIAL LAKE CIRCULATION RENOVATION
P-1 of P-21

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

REQUIREMENT:

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

Bid Item
No. Note No. Description Quantity Unit Unit
Price Amount
1 DN-19 CLEAR AND GRUB PER LIMITS
SHOWN 1 LS
2 DN-17 UNCLASSIFIED EXCAVATION 1,450 CY
3 CN-14
FURNISH AND INSTALL 12-INCH
C-900 DR-25 PR CL 165 PVC PIPE,
LENGTH PER PLAN.
95 LF
4 CN-1

CONSTRUCT CONCRETE LAKE

EDGE AT SIDEWALK /

BOARDWALK PER PLAN,

CONSTRUCTION METHOD AND
DETAIL 02 ON SHEET 10
155 LF
5 CN-2

CONSTRUCT CONCRETE LAKE

EDGE PER PLAN AND DETAILS
ON SHEET 10
480 LF
6 CN-3

GRADE MEANDERING STREAM

PER PLAN AND INSTALL ROCK
LINING
255 LF
7 CN-4

CONSTRUCT CONCRETE BOAT
RAMP PER DETAIL 12 ON SHEET
12 1 EA
8 CN-5 CONSTRUCT MANMADE REEF 1
PER DETAIL 05 ON SHEET 11 6 EA
9 CN-6 CONSTRUCT MANMADE REEF 2
PER DETAIL 06 ON SHEET 11 2 EA
10 CN-7 CONSTRUCT FOUNTAIN PER
DETAIL 07 ON SHEET 14 1 EA
11 CN-8

FURNISH AND INSTALL

WATERFOWL FOOD VENDING

MACHINE PER PLAN
7 EA
12 CN-9

CONSTRUCT CONCRETE STEPS
PER PLAN AND DETAIL 32 ON
SHEET 18
550 SF
CJW Construction, Inc
$98,000 $98,000
$68 $98,600
$72 $6,840
$350 $54,250
$350 $168,000
$250 $63,750
$40,000 $40,000
$600 $3,600
$1,200 $2,400
$12,000 $12,000
$1,000 $7,000
$80 $44,000
EXHIBIT 3

City Council
15 –
7 4/18/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 18-2681

CENTENNIAL LAKE CIRCULATION RENOVATION
P-2 of P-21
Bid Item
No. Note No. Description Quantity Unit Unit
Price Amount
13 CN-10

CONSTRUCT OWL BOX PER
DETAIL 10 ON SHEET 12. INSTALL

OWL BOX IN SELECTED TREES

PER CITY ENGINEER
5 EA
14 CN-11

FURNISH AND INSTALL PUMP

VAULT TYPE B WITH EQUIPMENT
COMPLETE AS PER SHEET 20
1 EA
15 CN-12 CONSTRUCT MANMADE REEF 3
PER DETAIL 7 ON SHEET 11 25 EA
16 CN-13 CONSTRUCT BOAT DOCK PER
DETAIL 13 ON SHEET 12 1 EA
17 CN-15

CONSTRUCT COMPACTED DG
STEPS PER DETAIL 31 ON SHEET
18 4,500 SF
18 CN-16

CONSTRUCT WETLAND PLANTER

FOR AQUATIC VEGETATION
TYPE I PER DETAIL 16 ON SHEET
13 4,200 SF
19 CN-17

CONSTRUCT WETLAND PLANTER

FOR AQUATIC VEGETATION
TYPE II PER DETAIL 17 ON SHEET
13 2,000 SF
20 CN-18

FURNISH AND INSTALL

AERATION POD PER PLAN, AND
DETAIL 18 SHEET ON 14
21 EA
21 CN-19

FURNISH AND INSTALL PUMP

VAULT TYPE A WITH EQUIPMENT
COMPLETE AS PER SHEET 15
5 EA
22 CN-20
FURNISH AND INSTALL 8-INCH
SCHED 40 PVC PIPE, LENGTH PER
PLAN.
740 LF
23 CN-21

FURNISH AND INSTALL PUMP

VAULT TYPE B WITH EQUIPMENT
COMPLETE AS PER SHEET 16
1 EA
24 CN-22
FURNISH AND INSTALL 6-INCH
SCH 40 PVC PIPE, LENGTH PER
PLAN.
2,110 LF
25 CN-23
FURNISH AND INSTALL 4-INCH
SCH 40 PVC PIPE, LENGTH PER
PLAN.
5,100 LF
26 CN-24
FURNISH AND INSTALL 2-INCH
SCH 40 PVC PIPE, LENGTH PER
PLAN.
515 LF
27 CN-25

CONSTRUCT AND INSTALL

SKIMMER BOX AT LAKE EDGE AT
GRASS PER PLAN, AND DETAIL 25
ON SHEET 14
13 EA
$325 $1,625
$400 $10,000
$6,000 $6,000
$24 $108,000
$30 $126,000
$58 $116,000
$900 $18,900
$70 $51,800
$50 $105,500
$40 $204,000
$38 $19,570
$2,000 $26,000
$186,000 $186,000
$186,000 $930,000
$186,000 $186,000

City Council
15 –
8 4/18/2023

CITY OF SANTA ANA
352326$/
352-(&712

&(17(11,$//$.(&,5&8/$7,215(129$7,21

3RI3
Bid Item
No. Note No. Description Quantity Unit Unit
Price Amount
 &1
&216758&7$1',167$//

6.,00(5%2;$7/$.(('*($7
:$/.:$<3(53/$1$1'
'(7$,/216+((7
 ($ 

 &1
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6/277(',17$.(3(5'(7$,/6
$$1'%216+((7
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(48$/,=(5/,1(39&3,3(
&

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3(53/$1$1''(7$,/
6+((7/(1*7+3(53/$1
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9$8/77<3(%:,7+(48,30(17
&203/(7($63(5'(7$,/621
6+((7
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:(,*+7('$,5/,1(78%,1*
)520:$//72$(5$7,2132'
3(53/$1
 /)  
 &1
,167$//:(,*+7('$,5/,1(
78%,1*7+528*+352326('
/$.(('*(3(53/$1$1'
'(7$,/216+((7
 ($ 
 &1

&216758&73,3(:$//
3(1(75$7,217+528*+/$.(
('*(3(53/$1$1''(7$,/6

$ 
%216+((7
 ($  
 &1
)851,6+$1',167$//
5,9(552&.3(53/$1$1'
7<3,&$/6(&7,21
5 +(5(21
 &<  
 &1
)851,6+$1',167$//0,/
(3'0/,1(53(53/$1$1'
7<3,&$/6(&7,21
5 +(5(21
 6<  
 &1
)851,6+$1',167$//721
5,35$33527(&7,213(53/$1
$1'6(&7,21+(5(21
 &< 
 &1 &216758&7),6+63$:1,1*
$5($3(5'(7$,/216+((7  6)  

 &1
&216758&7%,2),/7(53(5
3/$1$1''(7$,/216+((7

 ($ 
 &1
&216758&77+,&.&21&5(7(
3$9(0(173(53/$1$1'
&2817<2)25$1*(2&3:67'
3/$1
 6)  
Add No. One
$28,000
$4,000 $16,000
$120 $38,400
$2 $5,100
$400 $3,200
$800 $33,600
$30 $1,200
$20 $4,440
$400 $2,000
$4 $126,400
$60,000 $240,000
$18 $91,800
$2, 000
$186,000 $186,000

City Council
15 –
9 4/18/2023

CITY OF SANTA ANA
352326$/
352-(&712

&(17(11,$//$.(&,5&8/$7,215(129$7,21

3RI3
Bid Item
No. Note No. Description Quantity Unit Unit
Price Amount
 &1
&216758&7/$1'6&$3(
3/$17(53(5'(7$,/21
6+((7
 6)  
 &1
,167$//5(/2&$7('
%22.6+$5(.,26.$7
/2&$7,216+2:1
 ($  
 &1
)851,6+$1',167$//3803
9$8/77<3(%:,7+(48,30(17
&203/(7($63(56+((7
 ($
 &1
,167$//%2;$8675$/,$1
:,//2:
*,-(,5$
3$59,)/25$
3(5&,7<2)
6$17$$1$67'3/$1%
 ($ 
 &1

)851,6+$1',167$//,1&+
6&+('39&3,3(/(1*7+3(5
3/$1
 /)  
 &1
,167$//,1&+6&+('8/(
39&,55,*$7,21/,1(75(1&+
'(7$,/63(56+((75227
:$7(5,1*%8%%/(5$7($&+
75((3(5'(7$,/
216+((7
 /)  
 '1
5(029((;,673803:,5,1*
9$8/7$1'$33857(1$1&(6
%$&.),//+2/(
6 
 ($ 
 '1
$%$1'21(;,67,1*/$.(('*(

6.,00(5$1'%$&.),//:,7+
&21&5(7(

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 '1 $%$1'21(;,673,3(,13/$&(
&$33/8*&87(1'6  ($ 
 '1 5(029($1'7(0325$5,/<
6725(%22.6+$5(.,26.  ($  
 '1 5(/2&$7(3$5.%(1&+3(5
6+((7  ($  
 '1
5(029(/,*+767$1'$5'
)281'$7,21&21'8,7$1'
:,5,1*%$&.),//+2/(
6 
 ($ 
 '1 5(029(:22'(132676$1'
67((/&$%/(%$55,&$'(  /)  
 '1

5(/2&$7($1'5(&211(&7
(;,67,1*,55,*$7,213,3(672
/,0,766+2:1
 /)  
Add No. One
$10 $42,000
$800 $800
$2,500 $30,000
$400 $20,400
$38 $10,070
$1,000 $11,000
$800 $22,400
$1,400 $15,400
$280 $560
$600 $1,200
$2,80 0 $2,800
$10 $2,220
$14 $3,010
$186,000 $372,000

City Council
15 –
10 4/18/2023

CITY OF SANTA ANA
352326$/
352-(&712

&(17(11,$//$.(&,5&8/$7,215(129$7,21

3RI3
Bid Item
No. Note No. Description Quantity Unit Unit
Price Amount
 '1
5(/2&$7(75((6$61(('('72
&216758&7:$7(5)($785(
3(56+((76$1'

 6) 
 '1
5(029((;,67,1*75((6
:,7+,1/,0,76,1&/8',1*
5227%$//$1'7581.
 ($ 
 '1
5(029((;,67/$.(('*(
:$//3(5/,0,766+2:121
3/$16
 /)  
 '1 5(029($1'',6326(2)
(48$/,=(5/,1(6  /)  

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$%$1'21,17$.(6758&785(
$1'$&3,13/$&(
%$&.),//:,7+&/60
 ($ 
 '1
$%$1'21(;,67,1*(/(&75,&
)$&,/,7<,13/$&('(
(1(5*,=(725(1'(5
,123(5$%/($1'6$)(
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  352-(&7$'9(57,6(0(176,*1  ($  
  &216758&7,213(50,7  /6     '(:$7(5,1*  /6
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Add No. One
$13,500
$8 00 $9,600
$50 $30,000
$8 $1,200
$8, 000 $8,000
$2,000 $2,000
$4,000 $44,000
$5
$800,000 $800,000

City Council
15 –
11 4/18/2023

4,942,135.00

City Council
15 –
12 4/18/2023

City Council
15 –
13 4/18/2023

City Council
15 –
14 4/18/2023

City Council
15 –
15 4/18/2023

ZZ Construction
1054314 / Ex. 06/30/2023
1000930487 Ex. 06/30/2023
Santa Ana, CA
714-863-4132
Macro-Z-Technology
561313 / Ex. 03/31/2023
1 000 000 232 / Ex. 06/30/2024
Santa Ana, CA
714-564-1130
Landscaping & Concrete (Partial)
$300,000
Earthwork (Partial)
$200,000
Herman and Charles, Inc.
1086284 / June 2023
1000859957 / June 2023
1086284 / June 2023
San Bernardino, CA
951-205-1637
Electrical (Partial)
$655,000

City Council
15 –
16 4/18/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 18-2681

CENTENNIAL LAKE CIRCULATION RENOVATION
P-13 of P-21

REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years.

1. Name and Address of Owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

2. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

3. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds.

Western Surety Company, 2 Park Plaza, Irvine, CA 92614: (949) 399-4970 Orange County Public Works. 601 N Ross St, Santa Ana, CA 92701 Teejay Aeropagita, Resident Engineer. 714-856-2099
$6,510,523 Repair of Channel & Erosion Protection 09/29/2020 Orange County Water District. 18700 Ward St, Fountain Valley, CA 92708 Ryan Bouley, Principal Engineer 714-378-8207
$1,859,000 Sediment Removal of Dam 02/13/2021
USACE - Los Angeles District. 915 Wilshire Blvd., Suite 1101, Los Angeles, CA 90017 $29,748,020
Riprap revetment & stone toe
protection along Santa Ana River 08/08/2024
Fernando Cano, Project Engineer. 951-898-6151
Alliant Insurance Services, Inc. 18100 Von Karman Avenue, 10th Floor, Irvine, CA 92612: (949) 660-5956

City Council
15 –
17 4/18/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 18-2681

CENTENNIAL LAKE CIRCULATION RENOVATION
P-14 of P-21

ADDITIONAL REFERENCES
The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years.

1. Name and Address of Owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

2. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

3. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds.

County of Orange. 300 North Flower St Suite 800 Santa Ana, CA 92703 $4,251,275 Sediment Removal from channel 04/12/2019
$3,742,180 12/31/2020Maintenance dredging of lowlands
California State Lands Commission. 100 Howe Ave, Suite 100-South, Sacramento, CA 95825 Repair of levees and flood
management improvement
See previous reference page.

Teejay Aeropagita, Resident Engineer. 714-856-2099
Keith Merkle 858-560-6441
Victor Bermudez 626-688-8275
Los Angeles County Public Works. 900 South Fremont Ave, Alhambra, CA 91803 $7,599,811 03/21/2021

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CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 18-2681

CENTENNIAL LAKE CIRCULATION RENOVATION
P-20 of P-21
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire:

Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.

X

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CITY OF SANTA ANA
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Add No. One

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CITY OF SANTA ANA
352326$/
352-(&712

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INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING

ACTIVITIES
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Add No. One

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EXHIBIT 4

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EXHIBIT 5

COST ANALYSIS

CONSTRUCTION OF THE PROJECT NO. 18-2681: CENNTENNIAL LAKE

CIRCULATION RENOVATION

Construction Contract $ 4,942,135.00
Contract Administration, Inspection and Testing $ 742,000.00 Contingencies $ 495,000.00

TOTAL ESTIMATED CONSTRUCTION COSTS $ 6,179,135.00

City Council
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49 4/18/2023

FIRST AMENDMENT TO AGREEMENT WITH J. SMITH & T. MULI, INC., TO

PROVIDE LAKE ENGINEERING SERVICES

THIS FIRST AMENDMENT to the above-referenced agreement is entered into on April 18, 2023, by and between J. Smith & T. Muli , Inc., a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS

A. The parties entered into Agreement No. N-2022-159 (“Agreement”) dated May 20, 2022, to retain a qualified consultant to provide lake engineering services for the Centennial Park Lake Renovation Project.

B. The Agreement is in full force and effect through December 31, 2023.

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

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 $11,500.00. The total not-to-exceed amount of the Agreement shall be $61,391.00.

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

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

Jennifer L. Hall Kristine Ridge
City Clerk City Manager

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

By:____________________________
Brandon Salvatierra Jonis Smith, PE
Deputy City Attorney President

RECOMMENDED FOR APPROVAL

______________________________
Nabil Saba
Executive Director
Public Works Agency
EXHIBIT 6

City Council
15 –
50 4/18/2023

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 18, 2023
TOPIC: Agreements for On Call Installation, Maintenance, and Repair Services for Fencing and Gates

AGENDA TITLE
Approve Agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a Five-Year Term for As-Needed Installation, Maintenance, and Repair for Fencing and Gate Services (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc. to provide on-call installation, maintenance, and repair for fencing and gates, for a shared aggregate amount not to exceed $3,000,000 for a three-year term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two, one-year extensions, subject to non- substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The City occasionally requires the services of independent contractors to assist with the installation, maintenance, and repair services for fencing and gates. These services may include labor, materials, and equipment to install new chain link fencing, new security ornamental iron fencing, swinging and motorized chain link and iron gates and/or the removal of existing fencing, and maintenance and repair of existing fencing and gate systems throughout the City of Santa Ana on an as-needed basis.

On February 15, 2023, the Public Works Agency issued a Request for Proposals (RFP) for on-call installation, maintenance, and repair services for fencing and gates via the City's Planet Bids website (Exhibit 1). A total of 1,462 vendors were notified of the RFP and 31 downloaded the proposal files. Three proposals were received and evaluated by a selection committee based on the criteria outlined in the RFP. Listed below are the responding firms with qualifying proposal scores:

City Council
16 –
1 4/18/2023

Agreements for On Call Installation, Maintenance and Repair Services for Fencing and Gates
April 18, 2023

3 3
6 9
Firm City Rank
Hillsborough Fence Company La Mirada, CA 1
Quality Fence Co Inc. Paramount, CA 2
J&A Fence Engineering Corp. Azusa, CA 3
Staff recommends awarding on-call agreements to all three top-ranked firms:

Hillsborough Fence Company, J & A Fence Engineering Corporation, and Quality Fence Co., Inc. to perform on-call installation, maintenance, and repairs. These highly-ranked firms demonstrated they have the experience, staff, equipment, and financial security to provide a rapid response to the City's fencing and gate needs. The firms’ rates are reasonable and within industry standards, the teams’ qualifications are appropriate, and the proposals were determined to provide the best value for the City.

FISCAL IMPACT
There is no fiscal impact at this time. The Public Works Agency will follow the established on-call services process during the FY 2022-2025 contractual term for requesting necessary fiscal review and authorization. Prior to utilizing the on-call services for any of these future task orders, Public Works Agency staff must receive Finance and Management Services Agency approval of funding and project activities to be used to ensure funds are available under the shared $3,000,000 aggregate for any projects using local or discretionary funds. Upon successful completion of the fiscal review, a corresponding Notice to Proceed to contain the specific scope and maximum expenditure for the task order will be issued.

EXHIBIT(S)

1. Agreement with Hillsborough Fence Company

2. Agreement with J & A Engineering Corporation

3. Agreement with Quality Fence Co., Inc.

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

City Council
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2 4/18/2023

AGREEMENT WITH HILLSBOROUGH FENCE COMPANY TO PROVIDE ON-CALL

INSTALLATION, MAINTENANCE AND REPAIR SERVICES FOR FENCING AND GATES

FOR THE CITY OF SANTA ANA

THIS AGREEMENT is made and entered into on this 18th day of April, 2023 by and between Hillsborough Fence Company , a California corporation (“Contractor”), and the C ity 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 February 15, 2023, the City issued a Request for Proposal ( “RFP”) No. 23-012, by which it desired to retain a contractor having special skill and knowledge in the field of installation, maintenance and repair services for fencing and gates on an “on-call” basis for the City’s Public Works Agency.

B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide such services described in the scope of work that was included in RFP No. 23-012.

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

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

1. SCOPE OF SERVICES

On an on -call basis, and at the City’s sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 23-012, which is attached as Exhibit A and incorporated in full.

2. COMPENSATION

a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three (3) contractors selected to provide installation, maintenance and re pair services for fencing and gates on an on -call basis under RFP 23-012. The total compensation for these services provided by all such contractors selected under RFP 23-012 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

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invoice evidencing work performed, subject to City accounting procedures.

c. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City.

3. TERM

This Agreement shall commence on the date first written above and terminate on April 18, 2026, unless terminated earlier in accordance with Section 1 6, below. The term of this Agreement may be extended for up to two (2) one -year period s upon a writing executed by the City Manager and City Attorney.

4. PREVAILING WAGES

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

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

5. INDEPENDENT CONTRACTOR

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

6. OWNERSHIP OF MATERIALS

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

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

7. INSURANCE

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

a. Minimum Scope and Limit of Insurance

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

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

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

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

b. Other Insurance Provisions

(1) Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operatio ns performed by or on behalf of the Contractor 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 Contractor’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 Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or v olunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

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

Contractor agrees to obtain any endorsement that may be necessary to affect this 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 Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

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

(7) Claims Made Policies: If any of the required policies provide claims-made coverage:

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

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

(8) Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by

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

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

8. INDEMNIFICATION

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

9. INTELLECTUAL PROPERTY INDEMNIFICATION

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

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10. RECORDS

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

11. CONFIDENTIALITY

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

12. CONFLICT OF INTEREST CLAUSE

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

13. NON-DISCRIMINATION

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

14. EXCLUSIVITY AND AMENDMENT

This Agreement represents the complete and exclusive statement between the City and Contractor,

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and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.

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

15. ASSIGNMENT

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

16. TERMINATION

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

In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:

a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product (s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.

b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement.

17. WAIVER

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

18. JURISDICTION - VENUE

This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Bo th parties further agree that Orange County,

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California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

19. PROFESSIONAL LICENSES

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

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 sh all indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.

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

21. NOTICE

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

To City:

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

With courtesy copies to:

Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702

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To Contractor:

Hillsborough Fence Company
Attn: Heidi Hunter, Vice President
P.O. Box 1272
La Mirada, CA 90638

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

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

ATTEST: CITY OF SANTA ANA

Jennifer Hall Kristine Ridge
City Clerk City Manager

APPROVED AS TO FORM:

SONIA R. CARVALHO CONTRACTOR:

City Attorney

By:

Brandon Salvatierra
Deputy City Attorney
Tax ID#
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director
Public Works Agency

Heidi Hunter
Vice President

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EXHIBIT A

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CITY OF SANTA ANA

ON-CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 18

I. INTRODUCTION AND BACKGROUND

The City of Santa Ana is issuing this Request for Proposals (RFP) to seek a qualified Fencing and Gate Contractor(s) to provide Perimeter Security Fencing and Gates which include labor, materials and equipment to install new chain link fencing, new security ornamental iron fencing, swinging and motorized chain link and iron gates and/or the removal of existing fencing, maintenance and repair of existing fencing and gate systems throughout the City of Santa Ana on an as-needed basis. It is the City’s intent to select one or more firms to enter into an agreement(s). The total fencing and gate services needed for On-call service agreement(s) is valued at approximately $3,000,000 . The total amount to be expended shall be shared among all contractors selected for award to provide these services for th entirety of the agreement(s) term.

II. DESCRIPTION OF WORK

The work shall consist of, but necessarily limited to, the removal and proper disposal of existing fencing and gates, submittal of fabricated industrial steel fencing design and/or vinyl -chloride chain-link fencing design to the City prior to installation, and the construction of fabricated industrial steel fencing and/or vinyl-chloride chain-link fencing at various locations on an as needed basis.

Prior to installation, the contractor shall design and submit construction plans of requested industrial steel fencing and/or vinyl coated chain- link fencing including appurtenant footings, hardware, mountings, or connections required for compliance with Manufacturer’s installation requirements and compliance with applicable building codes and City standards. A footing design stamped by a registered civil engineer will be required for each installation (sample Exhibit A). The proposed fencing must be fully functional, complete and ready with automated or manual entrance gates upon request, and the fencing must be comprised of all new equipment. All major components of which must be produced by established manufacturers and fabricated to meet the requirements of the City.

Contractor is responsible for demolishing and disposal/recycling of all improvements, including but not limited to: foundations and footings, slabs, landscaping, fencing, walls trees and all miscellaneous to clear site and to perform work. Prior to submitting all on- call proposals, the Contractor shall visit the subject project site (including coordinating with the City for access inside the building) and obtain any necessary as-builts to define an appropriate scope of work.

A. INDUSTRIAL STEEL FENCING

Industrial Steel Fencing and Gate Materials

The contractor shall provide all labor, materials, and appurtenances necessary for installation of “Aegis II- Majestic Style” ornamental fence system or approved equal, as described below. The fabricated and welded steel gate system shall conform to Ameristar PassPort Commercial Ornamental design series Majestic 2-rail gates from configuration manufacturer by Ameristar Fence Products, Inc. in Tulsa,

EXHIBIT I

SCOPE OF SERVICES

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CITY OF SANTA ANA

ON-CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 19

Oklahoma or approved equal. Doorking 9000, Lift Master, or approved ASTM compliant equal to be utilized as the gate actuator upon request. The color of the fence system shall be Black.

Industrial steel fences and gates shall be constructed of the following materials or approved equal:

ITEM MATERIAL SPECIFICATION
Gate Welding All welding shall be shielded arc type and shall be performed by a certified welder. Continuous inspection
is required of all field welding in accordance with
C.B.C Section 1704.3.1.

Concrete Anchors –
Epoxy Adhesive Anchor
Systems
Stainless Steel SAE Type 316
Concrete Anchors –
Expansion Bolt Systems
Stainless Steel SAE Type 316
Powder Actuated
Fastening Systems
Steel AISI 1061
Hardness 52-58 Rockwell C
Galvanized
Coating
ASTM B633 - 2.1 mil thickness - 1.30 ounce/ft2
Fencing Tubular Steel Galvanized
ASTM A1011 for material galvanized after forming
ASTM A924 for material galvanized prior to forming
Minimum yield strength 50 ksi
Welding
Electrode -
Steel
AWS D1.1 E70xx except E7024 rods or electrodes
shall not be used
Picket
Dimensions
14 gauge
1” square
5” maximum on center
Picket Retaining
Rods
⅛” diameter
Picket Rail
Intersections
Provide PVC Grommets to seal openings
Rail Dimensions 14 gauge 1¾”
square
Minimum of 3 rails
Post Dimensions 12 gauge
4” square
8 foot nominal maximum span
Applied Design
Load
Panels shall support 600 lb. load at midspan
without permanent deformation.

Gates Tubular Steel Fabricate of same material with same dimensions and design as fencing panels.

Weld rail and upright intersections.

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CITY OF SANTA ANA

ON-CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 20

Automated Gate/Gate
Actuator
Galvanized Steel ASTM F2200
UL325 Compliant
Rolling Gate and Gate Actuator including a steel v-
track inset with a concrete track and concrete pad for
the gate actuator. Passport Commercial Majestic Style
industrial steel fencing or approved equal
recommended for the horizontal slide gate. Doorking
9000 – 1 HP Actuator with Doorking 8054 Microplus
RF receiver or UL 325 compliant approved equal
recommended for the gate actuator.

Wi-Fi capable and keypad entry to be provided
upon request.

Fire Access Box Knox Box or equivalent equal to be installed with actuated gate entry keypad.

Gate Hardware Galvanized steel Install fabricated manual locking mechanism to the front face of the gate upon request.

Fabricated lock should not interfere with closing of
the gate.

Gate Track/Wheels Chrome
Wheels, SS
Gate Track
4”-6” Chrome wheels to be utilized on inset wrought
iron or steel V-track flushed and inset
within concrete base.

Galvanized Coating after
Forming
Zinc 0.45 oz./ft2 minimum weight

0.3 mil minimum thickness
Galvanized Coating prior to
Forming
Zinc ASTM A653

0.90 oz./ft2 minimum weight Coating designation G90
Powder Epoxy Coating Base Coat Zinc-rich epoxy powder coating 2.0-mil minimum thickness
Gray
Top Coat Polyester powder coat

2.0-mil minimum thickness Black
Top Coat
Performance
Requirements
Adhesion > 90% per ASTM D3359 Method B Corrosion
resistance > 3500 hors per ASTM B117 & ASTM
D1654
Impact resistance > 60 in-lbf per ASTM D2794
Weathering resistance > 1000 hrs per ASTM D822,
D2244, and D523
Bolts (Anchor Bolts) High-Strength
Carbon steel –
Galvanized
ASTM A325 or ASTM A 490
With self-locking nuts or lock-washers and plain nuts
Washers – same material as nuts
Zinc coating ASTM A153 - 2.1 mil thickness - 1.30 ounce/ft2 Bolts (Anchor Bolts) -
Stainless Steel
Stainless Steel ASTM A193 Grade B8M bolts with ASTM A194 Grade 8M nuts
Alternate ASTM F593 Type 316 bolts with ASTM F594
Type 316 nuts
Washers – same material as nuts
Hardware – Steel including
castings, rolled, pressed
and forged
articles
Steel Hardware ASTM A153
Galvanized
Coating
ASTM A123 - 3.4 mil thickness - 2.00 ounce/ft2

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CITY OF SANTA ANA

ON-CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 21

Industrial Steel Fencing and Gate Finish

The manufactured galvanized framework shall be subjected to subjected to PermaCoat thermal stratification coating process (high-temperature, in-line, multistage, multi-layer) including, as a minimum, a six-stage pretreatment/wash (with zinc phosphate), an electrostatic spray application of an epoxy base, and a separate electrostatic spray application of polyester finish.

The stratification-coated framework shall be capable of meeting the performance requirements for each characteristic shown in the table below.

QUALITY

CHARACTERISTICS

ASTM TEST

METHOD PERFORMANCE REQUIREMENTS
Adhesion D3359 – Method B Adhesion (Retention of Coating) over 90% of test area (Tape and knife test).

Corrosion Resistance

B117 & D1654
Corrosion Resistance over 3,500 hours (Scribed per
D1654; failure mode is accumulation of 1/8" coating
loss from scribe or medium #8 blisters).

Impact Resistance D2794 Impact Resistance over 60 inch lb. (Forward impact using 0.625" ball).

Weathering Resistance D822, D2244,
D523 (60° Method)
Weathering Resistance over 1,000 hours (Failure mode
is 60% loss of gloss or color variance of more
than 3 delta-E color units).

Steel material for fence framework (i.e., tubular pickets, rails, and posts), when galvanized prior to forming, shall conform to the requirements of ASTM A924/924M, with a minimum yield strength of 50,000 psi (344 MPa). The steel shall be hot -dip galvanized to meet the requirements of ASTM A653/A653M with a minimum zinc coating weight of 0.90 oz./ft2 (276 g/m2), Coating Designation G-90.

Steel material for fence framework (i.e., tubular pickets, rails, and posts), when galvanized after forming, shall conform to the requirements of ASTM A1011/1011M, with a minimum yield strength of 50,000 psi (344 MPa). The exterior shall hot-dip galvanized with a 0.45 oz./ft2 (138 g/m2) minimum zinc weight. The interior surface shall be coated with a minimum 81% nominal zinc pigmented coating,

0.3 mils (0.0076mm) minimum thickness.

Welds made after galvanizing shall be ground smooth and wire brushed to remove loose or burned zinc coating, after which cleaned areas shall be prepared and neatly coast with 50-50 solder. Repairs to abraded or damaged coating shall be done in similar fashion.

All fencing material shall be painted prior to installation (color as specified by City) and receive touch up paint in the field upon installation completion.

B. VINYL-COATED CHAIN-LINK FENCING

Vinyl-Coated Chain-l
ink Fencing and Gate Material

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CITY OF SANTA ANA

ON-CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 22

Materials for vinyl-coated chain-link fence shall be as specified herein. Material shall be of the same color of vinyl coating. Privacy slates to be provided and manufactured from 97 percent recycled plastic. Gates to be schedule 40 galvanized steel with fork type latches or fabricated lock upon City’s request and three 180-degree hinges per leaf. Doorking 9000 or approved ASTM compliant equal to be utilized as the gate actuator upon request. Painted finishes are not acceptable, and color for this job is the manufacturers standard bloack, brown, or approved upon request.

Vinyl-coated chain-link fences and gates shall be constructed of the following materials:

ITEM MATERIAL SPECIFICATION
Posts and
Braces
Section 80-4.01A of CALTRANS
Fabric Section 80-4.01B of CALTRANS
Accessories Section 80-4.01C of CALTRANS
Gates Section 80-4.01D of CALTRANS
Line Posts SCH 40 galvanized steel 2.375-inch (59 mm) outside diameter, Schedule 40 galvanized steel pipe or galvanized "H" columns
weighing
not less than 2.7 lb./ft. (13.18 kg/m²).

Corner and
Terminal Posts
SCH 40 galvanized
steel

2.875-inch (73 mm) outside diameter, Schedule 40
galvanized steel pipe
Gate Posts Galvanized Steel
Pipe

3.500-inch (89 mm) diameter for man gates and 6.625-
inch
(168 mm) for vehicular gates
Diameter for
Vehicular Gates
Galvanized Steel Gateposts to be galvanized steel pipe

ITEM MATERIAL SPECIFICATION
Top, Bottom,
and Brace Rail
Galvanized Steel 1.660-inch (42.16 mm) outside diameter, plain end, sleeve
coupled galvanized steel pipe
Gate Frame SCH 40 galvanized
steel

1.9-inch (48.26 mm) outside diameter Schedule 40
galvanized steel pipe for fittings and truss rod
fabrication
Automated
Gate/Gate
Actuator
Galvanized Steel Rolling Gate and Gate Actuator including concrete track with a stainless steel v-track inset and flushed to
concrete pad.

Doorking 9000 – 1 HP Actuator with Doorking 8054
Microplus RF receiver compliant approved equal
recommended for the gate actuator.

Wi-Fi capable and keypad entry to be provided upon
request.

Fire Access Box Knox Box or equivalent equal to be installed with actuated
gate entry keypad.

Gate
Track/Wheels
Chrome Wheels, SS Gate
Track
4”-6” Chrome wheels to be utilized on inset wrought
iron or SS type 216 V-track flushed and inset within
concrete base Or cantilever set up with rubber wheels
to be utilized upon
request

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CITY OF SANTA ANA

ON-CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 23

Tension Bars Galvanized Steel 3/16 inches by 3/4-inch (4.76 mm by 20 mm) galvanized
steel flat bars
Caps Cast Steel or Malleable
Iron,
Galvanized
Sized to post dimension, set-screw retained
Fittings Galvanized Steel Sleeves, bands, clips, rail ends, tension bars, fasteners and
fittings shall be galvanized steel
Extension Arms Cast Steel Cast steel, to accommodate 3 strands of barbed wire, single arm, 12-inches (305 mm) high (measured
vertically) above
the top edge of the fence fabric, sloped to 45 degrees
Barbed Wire
(when required
by City)
12-AWG wire, 3 strands,
zinc-coated steel
with bonded vinyl coating
4 point barbs at 5-inches (127 mm) O.C., painted black
Gate Hardware Galvanized Steel Fork type latch with gravity drop or fabricated locking mechanism upon request; center gate stop and drop
rod; three 180-degree gate hinges per leaf
Or install fabricated manual locking mechanism to the
front
face of the gate upon request; fabricated lock should
not interfere with closing of the gate
Privacy Slats 97% Post- Consumer
Recycled Plastic
Plastic fencing slats manufactured from 97 percent
recycled plastic

Vinyl-Coated Chain-l ink Fencing and Gate Finish

Chain-link fence fabric shall be galvanized steel wire with a continuously bonded vinyl coating, with a finish size (i.e., size after coating) of 8 gauge, and shall comply with ASTM F 668. Fabric height shall be 8 feet (2.44 m) +/ - 3/4 inch (20 mm), 6 feet (1.83 m) +/ - 3/4 inch (20 mm), or suitable height depending upon City’s request, with knuckled, selvage edges on the bottom and top. Mesh shall be vertically-woven diamond mesh, with a nominal distance of 2 inches (50 mm) between parallel wires.

Galvanize surfaces shall be in accordance with ASTM A 123, with a coating of at least 1.20 oz./sq. ft.

Accessories and components will have the same finish as fabric. The vinyl coating shall conform to FS RR-F-191/1C. Colors shall be stabilized, and shall have a light fastness to withstand a minimum Weather-O-Meter exposure of at least 1500 hours without deterioration when tested in accordance with ASTM D 1499. Specific gravity shall be between 1.26 and 1.30 in accordance with ASTM D 792.

Hardness shall be A90 +/-5 in accordance with ASTM D 2240.

Tensile strength shall be between 2600 and 3000 psi (17.94 MPa and 20.7 MPa) in accordance with ASTM D 412. Vinyl coating shall be exposure-resistant to dilute solutions of most common mineral acids, sea water, salts, and alkali. Vinyl coating shall be continuously bonded to the wire under 5000 psi (34.5 MPa) pressure before the wire is woven into fabric as seen in the table below.

Coating Performance Requirements:

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QUALITY

CHARACTERISTICS

ASTM TEST

METHOD PERFORMANCE REQUIREMENTS
Galvanized Surface A 123 Coating of at least 1.20 oz/sq.

Hardness D 2240 A90+/-5
Tensile Strength D 412 Between 2600 and 3000 PSI
Weathering Resistance D2244 Weathering Resistance over 1,500 hours without deterioration

Additional ASTM standards to be met in the design and construction of fencing and gates.

• ASTM A392 Specification for zinc-coated steel chain link fence fabric • ASTM A491 Specification for aluminum-coated steel chain link fabric • ASTM A780 Standard practice for repair of damaged and uncoated areas of hot-dip galvanized coatings
• ASTM A824 Specification for metallic-coated steel marcelled tension wire for use with chain link fence
• ASTM F552 Standard terminology relating to chain link fencing • ASTM F567 Standard practice for installation of chain link fence • ASTM F626 Specification for fence fittings
• ASTM F668 Specification for polymer coated chain link fence • ASTM F900 Specification for industrial and commercial swing gates • ASTM F934 Specification for standard colors for polymer-coated chain link • ASTM F1043 Specification for strength and protective coatings of metal industrial chain link fence framework
• ASTM F1083 Specification for pipe, steel, hot-dipped zinc-coated (galvanized) welded, for fence structures
• ASTM F1184 Specification for industrial and commercial horizontal slide gates • ASTM F1345 Specification for zinc-5 aluminum-mischmetal alloy-coated steel chain link fence fabric
• ASTM F1664 Specification for poly (vinyl chloride) (PVC) and other conforming organic polymer- coated steel tension wire used with chain link fence
• ASTM F1665 Specification for poly (vinyl chloride) (PVC) and other conforming organic polymer- coated steel barbed wire used with chain link fence
• ASTM F2200 Specification for automated vehicular gate construction • ASTM F2780 Standard guide for design and construction of expanded metal security fences • CL
FMI SFR2445, Security fence recommendations
• CLFMI WLG2445, Chain link fence wind load guide for the selection of line post and line post spacing
• Federal specification RR-F-191/3E fencing, wire and post, metal (chain-link fence posts, top rails and braces)
• UL 325 door, drapery, gate, louver and window operators UL 325 door, drapery, gate, louver and window operators

III. FENCING SYSTEM INSTALLATION & SUBMITTALS

A. PREPARATION AND DESIGN SUBMITTAL:

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Make field measurements needed before submitting fabricated industrial fence design or vinyl-coated chain- link fence design, shop drawings, or ordering. Make minor changes in dimensions and alignments as needed to avoid utilities or structural conflicts. Contractor shall specify and submit fabricated industrial fence design and/or vinyl- coated chain- link fence design including appurtenant footings, hardware, mountings, connections, gate design and setup required for compliance with Manufacturer’s installation requirements and compliance with applicable building codes and City standards. Contractor shall submit shop drawings to the engineer for approval prior to fabrication and installation.

B. DEMOLITION:

Pre-existing fencing to be removed, and shall be properly disposed of off-site by the Contractor at Contractor’s expense. Any existing fence indicated to remain and which have been damaged by the Contractor shall be replaced by Contractor at Contractor’s expense. All earth, trees, brush and other obstructions which interfere with the proper construction of fences shall be removed and properly disposed of off-site by the Contractor.

C. INDUSTRIAL STEEL FENCING INSTALLATION STANDARDS:

Industrial steel fencing and gate materials shall be furnished and installed by Contractor at locations as specified by the City on an as-needed basis.

The following installation standards shall be followed:

1. Manufacturer’s installation and warranty requirement

2. Applicable OSHA and Cal OSHA regulations

3. Applicable building and fire code requirements

4. City codes

Refer variances between above documents and Contract Documents to Owner’s Representative. Install fencing and gates according to Manufacturer’s installation and warranty requirements. Contractor shall contact dig alert before installation.

Install fencing and gate materials to tolerances recomm ended by Manufacturer and per submitted and approved industrial steel fencing design. Unless otherwise shown, install fencing true, plumb, and level using precision gauges and levels. Footings shall be specified by the Contractor in the industrial steel fencing design submittal and approved by the City prior to installation. Clean surfaces of metalwork to contact concrete, removing all rust, dirt, grease and other foreign substances before concrete is placed.

Secure all embedded metalwork accurately in position when concrete is placed to prevent displacement or undue vibration during or after placement of concrete. Where metalwork is to be installed in recesses in formed concrete, said recesses shall be made, metalwork installed, and recesses filled with dry -pack grout.

Permanent connections shall be continuously welded not bolted along entire area of contact. All gate welding made in the field shall be ground smooth and wire brushed to remove loose metal. All welding shall be shielded arc type and shall be performed by certified welders. Continuous inspection is required of all field welding in accordance with C.B.C. Section 1704.3.1. Joints in fencing and gates shall have a close

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fit with corner joints coped or mitered and in true alignment. Built-up parts shall be free of warp.

Exposed ends and edges of metal shall be slightly rounded. Fastenings shall be concealed whenever possible.

Post Spacing Requirements:

Span 6’ Nominal (71-3/8" Rail) 8’ Nominal (91-1/4" Rail) Post Size 2-1/2" 3" 2-1/2" 3" 2-1/2" 3" 2-1/2" 3"
Bracket Type Standard (BB301) Angle (BB304) Standard (BB301) Angle (BB304) Post Settings ± ½ O.C. 75" 75-1/2" 76-1/2" 77" 94-1/2" 95" 96" 96-1/2"

Gate posts shall be set in accordance with the spacing shown in the submitted fencing design plans. Six (6) inch or four (4) inch chrome wheels shall be bolted to the gate (between the wheel plates welded near the ends of the gate bottom rail). The gate shall be set upright with the V-grooved wheels positioned over the pre- installed steel V-track inset and flushed to a concrete base that traverses the gate opening. Roller guides shall be affixed to the gate posts at a height even with the gate top rail to hold the gate in a vertical position. Gate stops shall be welded to the end of the gate or track so gate cannot pass rollers in either direction.

Upon request, a fabricated manual lock shall be installed on the face of the gate. The fabricated lock’s placement should not interfere with the closing of the gate. A Wi-Fi capable entry keypad and buried loop detectors to be provided for gate entry upon request. A Knox Box or approved equal fire access box shall be installed alongside the keypad entry.

VINYL-COATED CHAIN-LINK FENCING INSTALLATION STANDARDS:

Vinyl-coated chain-link fencing and gate materials shall be furnished and installed by Contractor at locations as specified by the City on an as-needed basis.

The following installation standards shall be followed:

1. Manufacturer’s installation and warranty requirements

2. Applicable OSHA and Cal OSHA regulations

3. Applicable building and fire code requirements

4. City Codes

Refer variances between above documents and Contract Documents to Owner’s Representative. Install fencing and gates according to Manufacturer’s installation and warranty requirements. Contractor shall contact dig alert before installation.

Install vinyl-coated chain-link fencing and gate materials to tolerances recommended by Manufacturer and per submitted and approved chain-link fencing design. Unless otherwise shown, install fencing true, plumb, and level using precision gauges and levels. Footings shall be specified by the Contractor in vinyl- coated chain-link fencing design submittal and approved by the City prior to installation.

Clean surfaces of metalwork to contact concrete, removing all rust, dirt, grease and other foreign substances before concrete is placed. Secure all embedded metalwork accurately in position when concrete is placed to prevent displacement or

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undue vibration during or after placement of concrete. Where metalwork is to be installed in recesses in formed concrete, said recesses shall be made, metalwork installed, and recesses filled with dry-pack grout.

Install security fence of 8-foot (2.45 m), 6-foot, or recommended fabric height with 1-foot (0.9 m) barbed extension on support arms when requested. Space line posts at intervals not exceeding 10 feet (3 m).

Provide top rail through line-post tops and splice with 7-inch (178 mm) long rail sleeves. Brace each gate and corner post back to adjacent line post with horizontal center brace rail and diagonal truss rods. Install brace rail, one bay from end and gate posts. Install center and bottom brace rail on corner and gate leaves. Stretch fabric between terminal posts or at intervals of 100 feet (30.5 m) maximum, whichever is less.

Position bottom of fabric to no more than 2 inches (50 mm) above concrete or asphalt grade and touching dirt finish grade. Fasten fabric to top rail, line posts, braces, and bottom tension wire with 11- AWG galvanized wire ties 24 inches (610 mm) maximum on centers. Attach fabric to end, corner, and gateposts with tension bars and tension bar clips.

Install bottom rail supported at each line and terminal post in such a manner that a continuous brace between posts is formed. Install gates with fabric and barbed wire overhang to match fence upon request.

Install three hinges per leaf, latch, catches, drop bolt, foot bolts and sockets. In place of a latch, install a fabricated manual lock shall be installed on the face of the gate upon City’s request. The fabricated lock’s placement should not interfere with the closing of the gate.

Six (6) inch or four (4) inch chrome wheels shall be bolted to the gate (between the wheel plates welded near the ends of the gate bottom rail). The gate shall be set upright with the V-grooved wheels positioned over the pre-installed steel V-track inset and flushed to a concrete base that traverses the gate opening.

D. Q
UALITY ASSURANCE:

The contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and materials and techniques specified.

E. CONSTRUCTION WASTE MANAGEMENT:

The contractor shall clean the jobsite of excess materials; post-hole excavations shall be scattered uniformly away from posts. Before concrete pours, designate locations or uses for excess concrete and a location for clean out water from concrete trucks. Designated locations shall meet environmental standards and conform with Section 7-1.01 of CALTRANS.

F. DELIVERY, STORAGE, AND HANDLING:

Upon receipt at the job site, all materials shall be checked to ensure that no damage occurred during shipping or handling. Materials shall be stored in such a manner to ensure proper ventilation and drainage, and to protect against damage, weather, vandalism, and theft.

Manufacturer’s instruction and warranty requirements for delivery, storage and handling of fencing materials shall be strictly followed.

G. SUBMITTAL:

The manufacturer's literature shall be submitted prior to installation. Submit the following shop drawings and product data:

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a. Include accessories, fittings, hardware, anchorages, and schedule of components. b. Manufacturer's installation instructions.

Furnish the following submittals:

SUBMITTAL DESCRIPTION
Fencing Design Including appurtenant footings, hardware, mountings, connections, gate design and setup.

Shop Drawings Required for fabricated items such industrial steel or vinyl-coated chain-link
fencing and gates.

Schematic Drawing Depicting dimensions and system configuration, footings, gate design, etc.

Required for all sites.

Catalog Data Required for all manufactured products per catalog data requirements.

Warranty Furnish one-year warranty from date of final acceptance.

H. PAYMENT:

Payment for fencing and gate installation shall be paid at the contract unit prices listed on the Cost Proposal Form. Such payment will be considered full compensation for furnishing all design, labor, materials, tools and equipment and doing all work, including grading, necessary to install complete and in place for the projects upon request and specified herein.

I. SYSTEMS WARRANTY:

Vendor shall submit, in detail, a description of any warranty, or equipment replacement, equipment loaner program included in bidder’s offer. The manufacturer’s warranty shall be for a minimum of ten (10) years.

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EXHIBIT B

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AGREEMENT WITH J & A ENGINEERING CORPORATION TO PROVIDE ON-CALL

INSTALLATION, MAINTENANCE AND REPAIR SERVICES FOR FENCING AND GATES

FOR THE CITY OF SANTA ANA

THIS AGREEMENT is made and entered into on this 18th day of April, 2023 by and between J & A Engineering Corporation, a California corporation (“Contractor”), and the C ity 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 February 15, 2023, the City issued a Request for Proposal ( “RFP”) No. 23-012, by which it desired to retain a contractor having special skill and knowledge in the field of installation, maintenance and repair services for fencing and gates on an “on-call” basis for the City’s Public Works Agency.

B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide such services described in the scope of work that was included in RFP No. 23-012.

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

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

1. SCOPE OF SERVICES

On an on -call basis, and at the City’s sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 23-012, which is attached as Exhibit A and incorporated in full.

2. COMPENSATION

a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three (3) contractors selected to provide installation, maintenance and re pair services for fencing and gates on an on -call basis under RFP 23-012. The total compensation for these services provided by all such contractors selected under RFP 23-012 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

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invoice evidencing work performed, subject to City accounting procedures.

c. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City.

3. TERM

This Agreement shall commence on the date first written above and terminate on April 18, 2026, unless terminated earlier in accordance with Section 1 6, below. The term of this Agreement may be extended for up to two (2) one -year period s upon a writing executed by the City Manager and City Attorney.

4. PREVAILING WAGES

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

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

5. INDEPENDENT CONTRACTOR

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

6. OWNERSHIP OF MATERIALS

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

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

7. INSURANCE

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

a. Minimum Scope and Limit of Insurance

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

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

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

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

b. Other Insurance Provisions

(1) Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operatio ns performed by or on behalf of the Contractor 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 Contractor’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 Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or v olunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

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

Contractor agrees to obtain any endorsement that may be necessary to affect this 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 Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

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

(7) Claims Made Policies: If any of the required policies provide claims-made coverage:

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

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

(8) Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by

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

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

8. INDEMNIFICATION

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

9. INTELLECTUAL PROPERTY INDEMNIFICATION

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

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10. RECORDS

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

11. CONFIDENTIALITY

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

12. CONFLICT OF INTEREST CLAUSE

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

13. NON-DISCRIMINATION

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

14. EXCLUSIVITY AND AMENDMENT

This Agreement represents the complete and exclusive statement between the City and Contractor,

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and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.

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

15. ASSIGNMENT

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

16. TERMINATION

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

In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:

a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product (s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.

b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement.

17. WAIVER

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

18. JURISDICTION - VENUE

This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Bo th parties further agree that Orange County,

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California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

19. PROFESSIONAL LICENSES

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

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 sh all indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.

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

21. NOTICE

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

To City:

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

With courtesy copies to:

Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702

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To Contractor:

J & A Engineering Corporation
Attn: Miguel Miranda, Owner
824 N. Todd Avenue
Azusa, CA 91702-2228

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

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

ATTEST: CITY OF SANTA ANA

Jennifer Hall Kristine Ridge
City Clerk City Manager

APPROVED AS TO FORM:

SONIA R. CARVALHO CONTRACTOR:

City Attorney

By:

Brandon Salvatierra
Deputy City Attorney
Tax ID#
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director
Public Works Agency

Miguel Miranda
Owner

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EXHIBIT A

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I. INTRODUCTION AND BACKGROUND

The City of Santa Ana is issuing this Request for Proposals (RFP) to seek a qualified Fencing and Gate Contractor(s) to provide Perimeter Security Fencing and Gates which include labor, materials and equipment to install new chain link fencing, new security ornamental iron fencing, swinging and motorized chain link and iron gates and/or the removal of existing fencing, maintenance and repair of existing fencing and gate systems throughout the City of Santa Ana on an as-needed basis. It is the City’s intent to select one or more firms to enter into an agreement(s). The total fencing and gate services needed for On-call service agreement(s) is valued at approximately $3,000,000 . The total amount to be expended shall be shared among all contractors selected for award to provide these services for th entirety of the agreement(s) term.

II. DESCRIPTION OF WORK

The work shall consist of, but necessarily limited to, the removal and proper disposal of existing fencing and gates, submittal of fabricated industrial steel fencing design and/or vinyl -chloride chain-link fencing design to the City prior to installation, and the construction of fabricated industrial steel fencing and/or vinyl-chloride chain-link fencing at various locations on an as needed basis.

Prior to installation, the contractor shall design and submit construction plans of requested industrial steel fencing and/or vinyl coated chain- link fencing including appurtenant footings, hardware, mountings, or connections required for compliance with Manufacturer’s installation requirements and compliance with applicable building codes and City standards. A footing design stamped by a registered civil engineer will be required for each installation (sample Exhibit A). The proposed fencing must be fully functional, complete and ready with automated or manual entrance gates upon request, and the fencing must be comprised of all new equipment. All major components of which must be produced by established manufacturers and fabricated to meet the requirements of the City.

Contractor is responsible for demolishing and disposal/recycling of all improvements, including but not limited to: foundations and footings, slabs, landscaping, fencing, walls trees and all miscellaneous to clear site and to perform work. Prior to submitting all on- call proposals, the Contractor shall visit the subject project site (including coordinating with the City for access inside the building) and obtain any necessary as-builts to define an appropriate scope of work.

A. INDUSTRIAL STEEL FENCING

Industrial Steel Fencing and Gate Materials

The contractor shall provide all labor, materials, and appurtenances necessary for installation of “Aegis II- Majestic Style” ornamental fence system or approved equal, as described below. The fabricated and welded steel gate system shall conform to Ameristar PassPort Commercial Ornamental design series Majestic 2-rail gates from configuration manufacturer by Ameristar Fence Products, Inc. in Tulsa,

EXHIBIT I

SCOPE OF SERVICES

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Oklahoma or approved equal. Doorking 9000, Lift Master, or approved ASTM compliant equal to be utilized as the gate actuator upon request. The color of the fence system shall be Black.

Industrial steel fences and gates shall be constructed of the following materials or approved equal:

ITEM MATERIAL SPECIFICATION
Gate Welding All welding shall be shielded arc type and shall be performed by a certified welder. Continuous inspection
is required of all field welding in accordance with
C.B.C Section 1704.3.1.

Concrete Anchors –
Epoxy Adhesive Anchor
Systems
Stainless Steel SAE Type 316
Concrete Anchors –
Expansion Bolt Systems
Stainless Steel SAE Type 316
Powder Actuated
Fastening Systems
Steel AISI 1061
Hardness 52-58 Rockwell C
Galvanized
Coating
ASTM B633 - 2.1 mil thickness - 1.30 ounce/ft2
Fencing Tubular Steel Galvanized
ASTM A1011 for material galvanized after forming
ASTM A924 for material galvanized prior to forming
Minimum yield strength 50 ksi
Welding
Electrode -
Steel
AWS D1.1 E70xx except E7024 rods or electrodes
shall not be used
Picket
Dimensions
14 gauge
1” square
5” maximum on center
Picket Retaining
Rods
⅛” diameter
Picket Rail
Intersections
Provide PVC Grommets to seal openings
Rail Dimensions 14 gauge 1¾”
square
Minimum of 3 rails
Post Dimensions 12 gauge
4” square
8 foot nominal maximum span
Applied Design
Load
Panels shall support 600 lb. load at midspan
without permanent deformation.

Gates Tubular Steel Fabricate of same material with same dimensions and design as fencing panels.

Weld rail and upright intersections.

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Automated Gate/Gate
Actuator
Galvanized Steel ASTM F2200
UL325 Compliant
Rolling Gate and Gate Actuator including a steel v-
track inset with a concrete track and concrete pad for
the gate actuator. Passport Commercial Majestic Style
industrial steel fencing or approved equal
recommended for the horizontal slide gate. Doorking
9000 – 1 HP Actuator with Doorking 8054 Microplus
RF receiver or UL 325 compliant approved equal
recommended for the gate actuator.

Wi-Fi capable and keypad entry to be provided
upon request.

Fire Access Box Knox Box or equivalent equal to be installed with actuated gate entry keypad.

Gate Hardware Galvanized steel Install fabricated manual locking mechanism to the front face of the gate upon request.

Fabricated lock should not interfere with closing of
the gate.

Gate Track/Wheels Chrome
Wheels, SS
Gate Track
4”-6” Chrome wheels to be utilized on inset wrought
iron or steel V-track flushed and inset
within concrete base.

Galvanized Coating after
Forming
Zinc 0.45 oz./ft2 minimum weight

0.3 mil minimum thickness
Galvanized Coating prior to
Forming
Zinc ASTM A653

0.90 oz./ft2 minimum weight Coating designation G90
Powder Epoxy Coating Base Coat Zinc-rich epoxy powder coating 2.0-mil minimum thickness
Gray
Top Coat Polyester powder coat

2.0-mil minimum thickness Black
Top Coat
Performance
Requirements
Adhesion > 90% per ASTM D3359 Method B Corrosion
resistance > 3500 hors per ASTM B117 & ASTM
D1654
Impact resistance > 60 in-lbf per ASTM D2794
Weathering resistance > 1000 hrs per ASTM D822,
D2244, and D523
Bolts (Anchor Bolts) High-Strength
Carbon steel –
Galvanized
ASTM A325 or ASTM A 490
With self-locking nuts or lock-washers and plain nuts
Washers – same material as nuts
Zinc coating ASTM A153 - 2.1 mil thickness - 1.30 ounce/ft2 Bolts (Anchor Bolts) -
Stainless Steel
Stainless Steel ASTM A193 Grade B8M bolts with ASTM A194 Grade 8M nuts
Alternate ASTM F593 Type 316 bolts with ASTM F594
Type 316 nuts
Washers – same material as nuts
Hardware – Steel including
castings, rolled, pressed
and forged
articles
Steel Hardware ASTM A153
Galvanized
Coating
ASTM A123 - 3.4 mil thickness - 2.00 ounce/ft2

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Industrial Steel Fencing and Gate Finish

The manufactured galvanized framework shall be subjected to subjected to PermaCoat thermal stratification coating process (high-temperature, in-line, multistage, multi-layer) including, as a minimum, a six-stage pretreatment/wash (with zinc phosphate), an electrostatic spray application of an epoxy base, and a separate electrostatic spray application of polyester finish.

The stratification-coated framework shall be capable of meeting the performance requirements for each characteristic shown in the table below.

QUALITY

CHARACTERISTICS

ASTM TEST

METHOD PERFORMANCE REQUIREMENTS
Adhesion D3359 – Method B Adhesion (Retention of Coating) over 90% of test area (Tape and knife test).

Corrosion Resistance

B117 & D1654
Corrosion Resistance over 3,500 hours (Scribed per
D1654; failure mode is accumulation of 1/8" coating
loss from scribe or medium #8 blisters).

Impact Resistance D2794 Impact Resistance over 60 inch lb. (Forward impact using 0.625" ball).

Weathering Resistance D822, D2244,
D523 (60° Method)
Weathering Resistance over 1,000 hours (Failure mode
is 60% loss of gloss or color variance of more
than 3 delta-E color units).

Steel material for fence framework (i.e., tubular pickets, rails, and posts), when galvanized prior to forming, shall conform to the requirements of ASTM A924/924M, with a minimum yield strength of 50,000 psi (344 MPa). The steel shall be hot -dip galvanized to meet the requirements of ASTM A653/A653M with a minimum zinc coating weight of 0.90 oz./ft2 (276 g/m2), Coating Designation G-90.

Steel material for fence framework (i.e., tubular pickets, rails, and posts), when galvanized after forming, shall conform to the requirements of ASTM A1011/1011M, with a minimum yield strength of 50,000 psi (344 MPa). The exterior shall hot-dip galvanized with a 0.45 oz./ft2 (138 g/m2) minimum zinc weight. The interior surface shall be coated with a minimum 81% nominal zinc pigmented coating,

0.3 mils (0.0076mm) minimum thickness.

Welds made after galvanizing shall be ground smooth and wire brushed to remove loose or burned zinc coating, after which cleaned areas shall be prepared and neatly coast with 50-50 solder. Repairs to abraded or damaged coating shall be done in similar fashion.

All fencing material shall be painted prior to installation (color as specified by City) and receive touch up paint in the field upon installation completion.

B. VINYL-COATED CHAIN-LINK FENCING

Vinyl-Coated Chain-l
ink Fencing and Gate Material

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Materials for vinyl-coated chain-link fence shall be as specified herein. Material shall be of the same color of vinyl coating. Privacy slates to be provided and manufactured from 97 percent recycled plastic. Gates to be schedule 40 galvanized steel with fork type latches or fabricated lock upon City’s request and three 180-degree hinges per leaf. Doorking 9000 or approved ASTM compliant equal to be utilized as the gate actuator upon request. Painted finishes are not acceptable, and color for this job is the manufacturers standard bloack, brown, or approved upon request.

Vinyl-coated chain-link fences and gates shall be constructed of the following materials:

ITEM MATERIAL SPECIFICATION
Posts and
Braces
Section 80-4.01A of CALTRANS
Fabric Section 80-4.01B of CALTRANS
Accessories Section 80-4.01C of CALTRANS
Gates Section 80-4.01D of CALTRANS
Line Posts SCH 40 galvanized steel 2.375-inch (59 mm) outside diameter, Schedule 40 galvanized steel pipe or galvanized "H" columns
weighing
not less than 2.7 lb./ft. (13.18 kg/m²).

Corner and
Terminal Posts
SCH 40 galvanized
steel

2.875-inch (73 mm) outside diameter, Schedule 40
galvanized steel pipe
Gate Posts Galvanized Steel
Pipe

3.500-inch (89 mm) diameter for man gates and 6.625-
inch
(168 mm) for vehicular gates
Diameter for
Vehicular Gates
Galvanized Steel Gateposts to be galvanized steel pipe

ITEM MATERIAL SPECIFICATION
Top, Bottom,
and Brace Rail
Galvanized Steel 1.660-inch (42.16 mm) outside diameter, plain end, sleeve
coupled galvanized steel pipe
Gate Frame SCH 40 galvanized
steel

1.9-inch (48.26 mm) outside diameter Schedule 40
galvanized steel pipe for fittings and truss rod
fabrication
Automated
Gate/Gate
Actuator
Galvanized Steel Rolling Gate and Gate Actuator including concrete track with a stainless steel v-track inset and flushed to
concrete pad.

Doorking 9000 – 1 HP Actuator with Doorking 8054
Microplus RF receiver compliant approved equal
recommended for the gate actuator.

Wi-Fi capable and keypad entry to be provided upon
request.

Fire Access Box Knox Box or equivalent equal to be installed with actuated
gate entry keypad.

Gate
Track/Wheels
Chrome Wheels, SS Gate
Track
4”-6” Chrome wheels to be utilized on inset wrought
iron or SS type 216 V-track flushed and inset within
concrete base Or cantilever set up with rubber wheels
to be utilized upon
request

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Tension Bars Galvanized Steel 3/16 inches by 3/4-inch (4.76 mm by 20 mm) galvanized
steel flat bars
Caps Cast Steel or Malleable
Iron,
Galvanized
Sized to post dimension, set-screw retained
Fittings Galvanized Steel Sleeves, bands, clips, rail ends, tension bars, fasteners and
fittings shall be galvanized steel
Extension Arms Cast Steel Cast steel, to accommodate 3 strands of barbed wire, single arm, 12-inches (305 mm) high (measured
vertically) above
the top edge of the fence fabric, sloped to 45 degrees
Barbed Wire
(when required
by City)
12-AWG wire, 3 strands,
zinc-coated steel
with bonded vinyl coating
4 point barbs at 5-inches (127 mm) O.C., painted black
Gate Hardware Galvanized Steel Fork type latch with gravity drop or fabricated locking mechanism upon request; center gate stop and drop
rod; three 180-degree gate hinges per leaf
Or install fabricated manual locking mechanism to the
front
face of the gate upon request; fabricated lock should
not interfere with closing of the gate
Privacy Slats 97% Post- Consumer
Recycled Plastic
Plastic fencing slats manufactured from 97 percent
recycled plastic

Vinyl-Coated Chain-l ink Fencing and Gate Finish

Chain-link fence fabric shall be galvanized steel wire with a continuously bonded vinyl coating, with a finish size (i.e., size after coating) of 8 gauge, and shall comply with ASTM F 668. Fabric height shall be 8 feet (2.44 m) +/ - 3/4 inch (20 mm), 6 feet (1.83 m) +/ - 3/4 inch (20 mm), or suitable height depending upon City’s request, with knuckled, selvage edges on the bottom and top. Mesh shall be vertically-woven diamond mesh, with a nominal distance of 2 inches (50 mm) between parallel wires.

Galvanize surfaces shall be in accordance with ASTM A 123, with a coating of at least 1.20 oz./sq. ft.

Accessories and components will have the same finish as fabric. The vinyl coating shall conform to FS RR-F-191/1C. Colors shall be stabilized, and shall have a light fastness to withstand a minimum Weather-O-Meter exposure of at least 1500 hours without deterioration when tested in accordance with ASTM D 1499. Specific gravity shall be between 1.26 and 1.30 in accordance with ASTM D 792.

Hardness shall be A90 +/-5 in accordance with ASTM D 2240.

Tensile strength shall be between 2600 and 3000 psi (17.94 MPa and 20.7 MPa) in accordance with ASTM D 412. Vinyl coating shall be exposure-resistant to dilute solutions of most common mineral acids, sea water, salts, and alkali. Vinyl coating shall be continuously bonded to the wire under 5000 psi (34.5 MPa) pressure before the wire is woven into fabric as seen in the table below.

Coating Performance Requirements:

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QUALITY

CHARACTERISTICS

ASTM TEST

METHOD PERFORMANCE REQUIREMENTS
Galvanized Surface A 123 Coating of at least 1.20 oz/sq.

Hardness D 2240 A90+/-5
Tensile Strength D 412 Between 2600 and 3000 PSI
Weathering Resistance D2244 Weathering Resistance over 1,500 hours without deterioration

Additional ASTM standards to be met in the design and construction of fencing and gates.

• ASTM A392 Specification for zinc-coated steel chain link fence fabric • ASTM A491 Specification for aluminum-coated steel chain link fabric • ASTM A780 Standard practice for repair of damaged and uncoated areas of hot-dip galvanized coatings
• ASTM A824 Specification for metallic-coated steel marcelled tension wire for use with chain link fence
• ASTM F552 Standard terminology relating to chain link fencing • ASTM F567 Standard practice for installation of chain link fence • ASTM F626 Specification for fence fittings
• ASTM F668 Specification for polymer coated chain link fence • ASTM F900 Specification for industrial and commercial swing gates • ASTM F934 Specification for standard colors for polymer-coated chain link • ASTM F1043 Specification for strength and protective coatings of metal industrial chain link fence framework
• ASTM F1083 Specification for pipe, steel, hot-dipped zinc-coated (galvanized) welded, for fence structures
• ASTM F1184 Specification for industrial and commercial horizontal slide gates • ASTM F1345 Specification for zinc-5 aluminum-mischmetal alloy-coated steel chain link fence fabric
• ASTM F1664 Specification for poly (vinyl chloride) (PVC) and other conforming organic polymer- coated steel tension wire used with chain link fence
• ASTM F1665 Specification for poly (vinyl chloride) (PVC) and other conforming organic polymer- coated steel barbed wire used with chain link fence
• ASTM F2200 Specification for automated vehicular gate construction • ASTM F2780 Standard guide for design and construction of expanded metal security fences • CL
FMI SFR2445, Security fence recommendations
• CLFMI WLG2445, Chain link fence wind load guide for the selection of line post and line post spacing
• Federal specification RR-F-191/3E fencing, wire and post, metal (chain-link fence posts, top rails and braces)
• UL 325 door, drapery, gate, louver and window operators UL 325 door, drapery, gate, louver and window operators

III. FENCING SYSTEM INSTALLATION & SUBMITTALS

A. PREPARATION AND DESIGN SUBMITTAL:

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Make field measurements needed before submitting fabricated industrial fence design or vinyl-coated chain- link fence design, shop drawings, or ordering. Make minor changes in dimensions and alignments as needed to avoid utilities or structural conflicts. Contractor shall specify and submit fabricated industrial fence design and/or vinyl- coated chain- link fence design including appurtenant footings, hardware, mountings, connections, gate design and setup required for compliance with Manufacturer’s installation requirements and compliance with applicable building codes and City standards. Contractor shall submit shop drawings to the engineer for approval prior to fabrication and installation.

B. DEMOLITION:

Pre-existing fencing to be removed, and shall be properly disposed of off-site by the Contractor at Contractor’s expense. Any existing fence indicated to remain and which have been damaged by the Contractor shall be replaced by Contractor at Contractor’s expense. All earth, trees, brush and other obstructions which interfere with the proper construction of fences shall be removed and properly disposed of off-site by the Contractor.

C. INDUSTRIAL STEEL FENCING INSTALLATION STANDARDS:

Industrial steel fencing and gate materials shall be furnished and installed by Contractor at locations as specified by the City on an as-needed basis.

The following installation standards shall be followed:

1. Manufacturer’s installation and warranty requirement

2. Applicable OSHA and Cal OSHA regulations

3. Applicable building and fire code requirements

4. City codes

Refer variances between above documents and Contract Documents to Owner’s Representative. Install fencing and gates according to Manufacturer’s installation and warranty requirements. Contractor shall contact dig alert before installation.

Install fencing and gate materials to tolerances recomm ended by Manufacturer and per submitted and approved industrial steel fencing design. Unless otherwise shown, install fencing true, plumb, and level using precision gauges and levels. Footings shall be specified by the Contractor in the industrial steel fencing design submittal and approved by the City prior to installation. Clean surfaces of metalwork to contact concrete, removing all rust, dirt, grease and other foreign substances before concrete is placed.

Secure all embedded metalwork accurately in position when concrete is placed to prevent displacement or undue vibration during or after placement of concrete. Where metalwork is to be installed in recesses in formed concrete, said recesses shall be made, metalwork installed, and recesses filled with dry -pack grout.

Permanent connections shall be continuously welded not bolted along entire area of contact. All gate welding made in the field shall be ground smooth and wire brushed to remove loose metal. All welding shall be shielded arc type and shall be performed by certified welders. Continuous inspection is required of all field welding in accordance with C.B.C. Section 1704.3.1. Joints in fencing and gates shall have a close

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fit with corner joints coped or mitered and in true alignment. Built-up parts shall be free of warp.

Exposed ends and edges of metal shall be slightly rounded. Fastenings shall be concealed whenever possible.

Post Spacing Requirements:

Span 6’ Nominal (71-3/8" Rail) 8’ Nominal (91-1/4" Rail) Post Size 2-1/2" 3" 2-1/2" 3" 2-1/2" 3" 2-1/2" 3"
Bracket Type Standard (BB301) Angle (BB304) Standard (BB301) Angle (BB304) Post Settings ± ½ O.C. 75" 75-1/2" 76-1/2" 77" 94-1/2" 95" 96" 96-1/2"

Gate posts shall be set in accordance with the spacing shown in the submitted fencing design plans. Six (6) inch or four (4) inch chrome wheels shall be bolted to the gate (between the wheel plates welded near the ends of the gate bottom rail). The gate shall be set upright with the V-grooved wheels positioned over the pre- installed steel V-track inset and flushed to a concrete base that traverses the gate opening. Roller guides shall be affixed to the gate posts at a height even with the gate top rail to hold the gate in a vertical position. Gate stops shall be welded to the end of the gate or track so gate cannot pass rollers in either direction.

Upon request, a fabricated manual lock shall be installed on the face of the gate. The fabricated lock’s placement should not interfere with the closing of the gate. A Wi-Fi capable entry keypad and buried loop detectors to be provided for gate entry upon request. A Knox Box or approved equal fire access box shall be installed alongside the keypad entry.

VINYL-COATED CHAIN-LINK FENCING INSTALLATION STANDARDS:

Vinyl-coated chain-link fencing and gate materials shall be furnished and installed by Contractor at locations as specified by the City on an as-needed basis.

The following installation standards shall be followed:

1. Manufacturer’s installation and warranty requirements

2. Applicable OSHA and Cal OSHA regulations

3. Applicable building and fire code requirements

4. City Codes

Refer variances between above documents and Contract Documents to Owner’s Representative. Install fencing and gates according to Manufacturer’s installation and warranty requirements. Contractor shall contact dig alert before installation.

Install vinyl-coated chain-link fencing and gate materials to tolerances recommended by Manufacturer and per submitted and approved chain-link fencing design. Unless otherwise shown, install fencing true, plumb, and level using precision gauges and levels. Footings shall be specified by the Contractor in vinyl- coated chain-link fencing design submittal and approved by the City prior to installation.

Clean surfaces of metalwork to contact concrete, removing all rust, dirt, grease and other foreign substances before concrete is placed. Secure all embedded metalwork accurately in position when concrete is placed to prevent displacement or

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undue vibration during or after placement of concrete. Where metalwork is to be installed in recesses in formed concrete, said recesses shall be made, metalwork installed, and recesses filled with dry-pack grout.

Install security fence of 8-foot (2.45 m), 6-foot, or recommended fabric height with 1-foot (0.9 m) barbed extension on support arms when requested. Space line posts at intervals not exceeding 10 feet (3 m).

Provide top rail through line-post tops and splice with 7-inch (178 mm) long rail sleeves. Brace each gate and corner post back to adjacent line post with horizontal center brace rail and diagonal truss rods. Install brace rail, one bay from end and gate posts. Install center and bottom brace rail on corner and gate leaves. Stretch fabric between terminal posts or at intervals of 100 feet (30.5 m) maximum, whichever is less.

Position bottom of fabric to no more than 2 inches (50 mm) above concrete or asphalt grade and touching dirt finish grade. Fasten fabric to top rail, line posts, braces, and bottom tension wire with 11- AWG galvanized wire ties 24 inches (610 mm) maximum on centers. Attach fabric to end, corner, and gateposts with tension bars and tension bar clips.

Install bottom rail supported at each line and terminal post in such a manner that a continuous brace between posts is formed. Install gates with fabric and barbed wire overhang to match fence upon request.

Install three hinges per leaf, latch, catches, drop bolt, foot bolts and sockets. In place of a latch, install a fabricated manual lock shall be installed on the face of the gate upon City’s request. The fabricated lock’s placement should not interfere with the closing of the gate.

Six (6) inch or four (4) inch chrome wheels shall be bolted to the gate (between the wheel plates welded near the ends of the gate bottom rail). The gate shall be set upright with the V-grooved wheels positioned over the pre-installed steel V-track inset and flushed to a concrete base that traverses the gate opening.

D. Q
UALITY ASSURANCE:

The contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and materials and techniques specified.

E. CONSTRUCTION WASTE MANAGEMENT:

The contractor shall clean the jobsite of excess materials; post-hole excavations shall be scattered uniformly away from posts. Before concrete pours, designate locations or uses for excess concrete and a location for clean out water from concrete trucks. Designated locations shall meet environmental standards and conform with Section 7-1.01 of CALTRANS.

F. DELIVERY, STORAGE, AND HANDLING:

Upon receipt at the job site, all materials shall be checked to ensure that no damage occurred during shipping or handling. Materials shall be stored in such a manner to ensure proper ventilation and drainage, and to protect against damage, weather, vandalism, and theft.

Manufacturer’s instruction and warranty requirements for delivery, storage and handling of fencing materials shall be strictly followed.

G. SUBMITTAL:

The manufacturer's literature shall be submitted prior to installation. Submit the following shop drawings and product data:

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a. Include accessories, fittings, hardware, anchorages, and schedule of components. b. Manufacturer's installation instructions.

Furnish the following submittals:

SUBMITTAL DESCRIPTION
Fencing Design Including appurtenant footings, hardware, mountings, connections, gate design and setup.

Shop Drawings Required for fabricated items such industrial steel or vinyl-coated chain-link
fencing and gates.

Schematic Drawing Depicting dimensions and system configuration, footings, gate design, etc.

Required for all sites.

Catalog Data Required for all manufactured products per catalog data requirements.

Warranty Furnish one-year warranty from date of final acceptance.

H. PAYMENT:

Payment for fencing and gate installation shall be paid at the contract unit prices listed on the Cost Proposal Form. Such payment will be considered full compensation for furnishing all design, labor, materials, tools and equipment and doing all work, including grading, necessary to install complete and in place for the projects upon request and specified herein.

I. SYSTEMS WARRANTY:

Vendor shall submit, in detail, a description of any warranty, or equipment replacement, equipment loaner program included in bidder’s offer. The manufacturer’s warranty shall be for a minimum of ten (10) years.

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EXHIBIT B

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being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.

Price Proposal – Price must be inclusive of all costs, including but not limited to, direct and indirect vosts for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the Contractor only after discussed and authorized by the Ciyt Projects Manager or designee in writing.

Note: Item quantities are estimated and provided for calculating competitive pricing. Item quantities may vary from the final field quantities.

ITEM QTY/UOM UNIT
PRICE

EXTENDED
PRICE

1. Furnish and Install 8-Foot High Industrial Steel
Fencing 1,000 LF $ $

2. Furnish and Install 6-Foot High Industrial Steel
Fencing 1,000 LF $ $

3. Furnish and Install 8-Foot High, 20-foot wide
Industrial
Steel Manual Gate (dual or single swing or slide) 2 EA $ $

4. Furnish and Install 6-Foot High, 20-foot wide
Industrial
Steel Manual Gate (dual or single swing or slide) 2 EA $ $

5. Furnish and Install 8-Foot High, 20-Foot wide
Industrial Steel Automatic Gate (dual or
single swing or slide) With Actuator, detector
loops and keypad (Wi-Fi
connectivity and button entry)

2 EA
$ $

6. Furnish and Install 6-Foot High, 20-Foot wide
Industrial Steel Automatic Gate (dual or
single swing or slide) With Actuator, detector
loops and keypad (Wi-Fi
connectivity and button entry)

2 EA
$ $

7. Furnish and Install 8-Foot High Vinyl-Coated
Chain-link
Fencing 1,000 LF $ $

8. Furnish and Install 6-Foot High Vinyl Coated
Chain-link
Fencing 1,000 LF $ $

9. Furnish and Install 8-Foot High, 20-Foot Wide
Vinyl- Coated Chain-link Manual Gate (dual or
single swing or
slide)

2 EA
$ $

10. Furnish and Install 6-Foot High, 20-Foot Wide
Vinyl Coated Chain-link Manual Gate (dual or
single swing or
slide)

2 EA
$ $

11. Furnish and Install 8-Foot High, 20-Foot wide
Vinyl- Coated Chain-link Automatic Gate
(dual or single swing or slide) With Actuator,
detector loops and keypad
(Wi-Fi connectivity and button entry)

2 EA
$ $
150,000
150
130
130,000
3,500
7,000
3,000
6,000
18,000
36,000
16,000
32,000
125
125,000
115
115,000
6,500
13,000
6,000
12,000
32,000
16,000

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12. Furnish and Install 6-Foot High, 20-Foot wide
Vinyl- Coated Chain-link Automatic Gate
(dual or single swing or slide) With Actuator,
detector loops and keypad
(Wi-Fi connectivity and button entry)

2 EA
$ $

13. Barbed Wire 1,000 LF $ $

14. Existing Fencing Demolition 500 LF $ $

Total (1-14) $

PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals . Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.

__________________________________________________________________________________

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS

__________________________________________________________________________________

BUSINESS ADDRESS

__________________________________________________________________________________

PRINTED NAME OF AUTHORIZED AGENT TITLE

__________________________________________________________________________________

SIGNATURE OF AUTHORIZED AGENT DATE E- MAIL ADDRESS

__________________________________________________________________________________

FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)
___________________________________

DIR REGISTRATION NUMBER

THIS FORM MUST BE COMPLETED AND INCLU
DED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

REFERENCE

Customer Name:_________________________Contact Individual: ____________________________

ATTACHMENT B

REFERENCES
16,000
32,000
10 10,000
10 5,000
705,000
J & A Engineering Corp. dba J & A Fence
(626) 334-3209
824 N Todd Avenue, Azusa CA, 91702
Owner
Miguel Miranda
3/14/23
[email protected]
913941
1000010231
95-4847223

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Exhibit A

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CITY OF SANTA ANA
ON-C
ALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 18 I. INTRODUCTION AND BACKGROUND
T
he City of Santa Ana is issuing this Request for Proposals (RFP) to seek a qualified Fencing and Gate Contractor(s) to provide Perimeter Security Fencing and Gates which include labor, materials and equipment to install new chain link fencing, new security ornamental iron fencing, swinging and motorized c
hain link and iron gates and/or the removal of existing fencing, maintenance and repair of existing fencing and gate systems throughout the City of Santa Ana on an as-needed basis. It is the City’s intent to select one or more firms to enter into an agreement(s). The total fencing and gate services needed for On-call service agreement(s) is valued at approximately $3,000,000 . The total amount to be expended s
hall be shared among all contractors selected for award to provide these services for th entirety of the agreement(s) term.

II. DESCRIPTION OF WORK
T
he work shall consist of, but necessarily limited to, the removal and proper disposal of existing fencing and
gates, submittal of fabricated industrial steel fencing design and/or vinyl -chloride chain-link fencing des
ign to the City prior to installation, and the construction of fabricated industrial steel fencing and/or vinyl-chloride chain-link fencing at various locations on an as needed basis.

P
rior to installation, the contractor shall design and submit construction plans of requested industrial steel f
encing and/or vinyl coated chain- link fencing including appurtenant footings, hardware, mountings, or connections required for compliance with Manufacturer’s installation requirements and compliance wit h appl
icable building codes and City standards. A footing design stamped by a registered civil engineer will be required for each installation (sample Exhibit A). The proposed fencing must be fully functional, complete and ready with automated or manual entrance gates upon request, and the fencing must be comprised of all new equipment. All major components of which must be produced by establis hed
m
anufacturers and fabricated to meet the requirements of the City.

C
ontractor is responsible for demolishing and disposal/recycling of all improvements, including but not limited to: foundations and footings, slabs, landscaping, fencing, walls trees and all miscellaneous to clear site and to perform work. Prior to submitting all on- call proposals, the Contractor shall visit t he s
ubject project site (including coordinating with the City for access inside the building) and obtain any necessary as-builts to define an appropriate scope of work.

A. I

NDUSTRIAL STEEL FENCING
Industrial Steel Fencing and Gate Materials
T
he contractor shall provide all labor, materials, and appurtenances necessary for installation of “Aegis II- Majestic Style” ornamental fence system or approved equal, as described below. The fabricated and w
elded steel gate system shall conform to Ameristar PassPort Commercial Ornamental design series Majestic 2-rail gates from configuration manufacturer by Ameristar Fence Products, Inc. in Tulsa,

EXHIBIT I
SC

OPE OF SERVICES

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Oklahoma or approved equal. Doorking 9000, Lift Master, or approved ASTM compliant equal to be utilized as the gate actuator upon request. The color of the fence system shall be Black.

Industrial steel fences and gates shall be constructed of the following materials or approved equal:

ITEM MATERIAL SPECIFICATION
Gate Welding All welding shall be shielded arc type and shall be performed by a certified welder. Continuous inspection
is required of all field welding in accordance with
C.B.C Section 1704.3.1.

Concrete Anchors –
Epoxy Adhesive Anchor
Systems
Stainless Steel SAE Type 316
Concrete Anchors –
Expansion Bolt Systems
Stainless Steel SAE Type 316
Powder Actuated
Fastening Systems
Steel AISI 1061
Hardness 52-58 Rockwell C
Galvanized
Coating
ASTM B633 - 2.1 mil thickness - 1.30 ounce/ft2
Fencing Tubular Steel Galvanized
ASTM A1011 for material galvanized after forming
ASTM A924 for material galvanized prior to forming
Minimum yield strength 50 ksi
Welding
Electrode -
Steel
AWS D1.1 E70xx except E7024 rods or electrodes
shall not be used
Picket
Dimensions
14 gauge
1” square
5” maximum on center
Picket Retaining
Rods
⅛” diameter
Picket Rail
Intersections
Provide PVC Grommets to seal openings
Rail Dimensions 14 gauge 1¾”
square
Minimum of 3 rails
Post Dimensions 12 gauge
4” square
8 foot nominal maximum span
Applied Design
Load
Panels shall support 600 lb. load at midspan
without permanent deformation.

Gates Tubular Steel Fabricate of same material with same dimensions and design as fencing panels.

Weld rail and upright intersections.

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Automated Gate/Gate
Actuator
Galvanized Steel ASTM F2200
UL325 Compliant
Rolling Gate and Gate Actuator including a steel v-
track inset with a concrete track and concrete pad for
the gate actuator. Passport Commercial Majestic Style
industrial steel fencing or approved equal
recommended for the horizontal slide gate. Doorking
9000 – 1 HP Actuator with Doorking 8054 Microplus
RF receiver or UL 325 compliant approved equal
recommended for the gate actuator.

Wi-Fi capable and keypad entry to be provided
upon request.

Fire Access Box Knox Box or equivalent equal to be installed with actuated gate entry keypad.

Gate Hardware Galvanized steel Install fabricated manual locking mechanism to the front face of the gate upon request.

Fabricated lock should not interfere with closing of
the gate.

Gate Track/Wheels Chrome
Wheels, SS
Gate Track
4”-6” Chrome wheels to be utilized on inset wrought
iron or steel V-track flushed and inset
within concrete base.

Galvanized Coating after
Forming
Zinc 0.45 oz./ft2 minimum weight

0.3 mil minimum thickness
Galvanized Coating prior to
Forming
Zinc ASTM A653

0.90 oz./ft2 minimum weight Coating designation G90
Powder Epoxy Coating Base Coat Zinc-rich epoxy powder coating 2.0-mil minimum thickness
Gray
Top Coat Polyester powder coat

2.0-mil minimum thickness Black
Top Coat
Performance
Requirements
Adhesion > 90% per ASTM D3359 Method B Corrosion
resistance > 3500 hors per ASTM B117 & ASTM
D1654
Impact resistance > 60 in-lbf per ASTM D2794
Weathering resistance > 1000 hrs per ASTM D822,
D2244, and D523
Bolts (Anchor Bolts) High-Strength
Carbon steel –
Galvanized
ASTM A325 or ASTM A 490
With self-locking nuts or lock-washers and plain nuts
Washers – same material as nuts
Zinc coating ASTM A153 - 2.1 mil thickness - 1.30 ounce/ft2 Bolts (Anchor Bolts) -
Stainless Steel
Stainless Steel ASTM A193 Grade B8M bolts with ASTM A194 Grade 8M nuts
Alternate ASTM F593 Type 316 bolts with ASTM F594
Type 316 nuts
Washers – same material as nuts
Hardware – Steel including
castings, rolled, pressed
and forged
articles
Steel Hardware ASTM A153
Galvanized
Coating
ASTM A123 - 3.4 mil thickness - 2.00 ounce/ft2

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Industrial Steel Fencing and Gate Finish

The manufactured galvanized framework shall be subjected to subjected to PermaCoat thermal stratification coating process (high-temperature, in-line, multistage, multi-layer) including, as a minimum, a six-stage pretreatment/wash (with zinc phosphate), an electrostatic spray application of an epoxy base, and a separate electrostatic spray application of polyester finish.

The stratification-coated framework shall be capable of meeting the performance requirements for each characteristic shown in the table below.

QUALITY

CHARACTERISTICS

ASTM TEST

METHOD PERFORMANCE REQUIREMENTS
Adhesion D3359 – Method B Adhesion (Retention of Coating) over 90% of test area (Tape and knife test).

Corrosion Resistance

B117 & D1654
Corrosion Resistance over 3,500 hours (Scribed per
D1654; failure mode is accumulation of 1/8" coating
loss from scribe or medium #8 blisters).

Impact Resistance D2794 Impact Resistance over 60 inch lb. (Forward impact using 0.625" ball).

Weathering Resistance D822, D2244,
D523 (60° Method)
Weathering Resistance over 1,000 hours (Failure mode
is 60% loss of gloss or color variance of more
than 3 delta-E color units).

Steel material for fence framework (i.e., tubular pickets, rails, and posts), when galvanized prior to forming, shall conform to the requirements of ASTM A924/924M, with a minimum yield strength of 50,000 psi (344 MPa). The steel shall be hot -dip galvanized to meet the requirements of ASTM A653/A653M with a minimum zinc coating weight of 0.90 oz./ft2 (276 g/m2), Coating Designation G-90.

Steel material for fence framework (i.e., tubular pickets, rails, and posts), when galvanized after forming, shall conform to the requirements of ASTM A1011/1011M, with a minimum yield strength of 50,000 psi (344 MPa). The exterior shall hot-dip galvanized with a 0.45 oz./ft2 (138 g/m2) minimum zinc weight. The interior surface shall be coated with a minimum 81% nominal zinc pigmented coating,

0.3 mils (0.0076mm) minimum thickness.

Welds made after galvanizing shall be ground smooth and wire brushed to remove loose or burned zinc coating, after which cleaned areas shall be prepared and neatly coast with 50-50 solder. Repairs to abraded or damaged coating shall be done in similar fashion.

All fencing material shall be painted prior to installation (color as specified by City) and receive touch up paint in the field upon installation completion.

B. VINYL-COATED CHAIN-LINK FENCING

Vinyl-Coated Chain-link Fencing and Gate Material

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Materials for vinyl-coated chain-link fence shall be as specified herein. Material shall be of the same color of vinyl coating. Privacy slates to be provided and manufactured from 97 percent recycled plastic. Gates to be schedule 40 galvanized steel with fork type latches or fabricated lock upon City’s request and three 180-degree hinges per leaf. Doorking 9000 or approved ASTM compliant equal to be utilized as the gate actuator upon request. Painted finishes are not acceptable, and color for this job is the manufacturers standard bloack, brown, or approved upon request.

Vinyl-coated chain-link fences and gates shall be constructed of the following materials:

ITEM MATERIAL SPECIFICATION
Posts and
Braces
Section 80-4.01A of CALTRANS
Fabric Section 80-4.01B of CALTRANS
Accessories Section 80-4.01C of CALTRANS
Gates Section 80-4.01D of CALTRANS
Line Posts SCH 40 galvanized steel 2.375-inch (59 mm) outside diameter, Schedule 40 galvanized steel pipe or galvanized "H" columns
weighing
not less than 2.7 lb./ft. (13.18 kg/m²).

Corner and
Terminal Posts
SCH 40 galvanized
steel

2.875-inch (73 mm) outside diameter, Schedule 40
galvanized steel pipe
Gate Posts Galvanized Steel
Pipe

3.500-inch (89 mm) diameter for man gates and 6.625-
inch
(168 mm) for vehicular gates
Diameter for
Vehicular Gates
Galvanized Steel Gateposts to be galvanized steel pipe

ITEM MATERIAL SPECIFICATION
Top, Bottom,
and Brace Rail
Galvanized Steel 1.660-inch (42.16 mm) outside diameter, plain end, sleeve
coupled galvanized steel pipe
Gate Frame SCH 40 galvanized
steel

1.9-inch (48.26 mm) outside diameter Schedule 40
galvanized steel pipe for fittings and truss rod
fabrication
Automated
Gate/Gate
Actuator
Galvanized Steel Rolling Gate and Gate Actuator including concrete track with a stainless steel v-track inset and flushed to
concrete pad.

Doorking 9000 – 1 HP Actuator with Doorking 8054
Microplus RF receiver compliant approved equal
recommended for the gate actuator.

Wi-Fi capable and keypad entry to be provided upon
request.

Fire Access Box Knox Box or equivalent equal to be installed with actuated
gate entry keypad.

Gate
Track/Wheels
Chrome Wheels, SS Gate
Track
4”-6” Chrome wheels to be utilized on inset wrought
iron or SS type 216 V-track flushed and inset within
concrete base Or cantilever set up with rubber wheels
to be utilized upon
request

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Tension Bars Galvanized Steel 3/16 inches by 3/4-inch (4.76 mm by 20 mm) galvanized
steel flat bars
Caps Cast Steel or Malleable
Iron,
Galvanized
Sized to post dimension, set-screw retained
Fittings Galvanized Steel Sleeves, bands, clips, rail ends, tension bars, fasteners and
fittings shall be galvanized steel
Extension Arms Cast Steel Cast steel, to accommodate 3 strands of barbed wire, single arm, 12-inches (305 mm) high (measured
vertically) above
the top edge of the fence fabric, sloped to 45 degrees
Barbed Wire
(when required
by City)
12-AWG wire, 3 strands,
zinc-coated steel
with bonded vinyl coating
4 point barbs at 5-inches (127 mm) O.C., painted black
Gate Hardware Galvanized Steel Fork type latch with gravity drop or fabricated locking mechanism upon request; center gate stop and drop
rod; three 180-degree gate hinges per leaf
Or install fabricated manual locking mechanism to the
front
face of the gate upon request; fabricated lock should
not interfere with closing of the gate
Privacy Slats 97% Post- Consumer
Recycled Plastic
Plastic fencing slats manufactured from 97 percent
recycled plastic

Vinyl-Coated Chain-link Fencing and Gate Finish

Chain-link fence fabric shall be galvanized steel wire with a continuously bonded vinyl coating, with a finish size (i.e., size after coating) of 8 gauge, and shall comply with ASTM F 668. Fabric height shall be 8 feet (2.44 m) +/ - 3/4 inch (20 mm), 6 feet (1.83 m) +/ - 3/4 inch (20 mm), or suitable height depending upon City’s request, with knuckled, selvage edges on the bottom and top. Mesh shall be vertically-woven diamond mesh, with a nominal distance of 2 inches (50 mm) between parallel wires.

Galvanize surfaces shall be in accordance with ASTM A 123, with a coating of at least 1.20 oz./sq. ft.

Accessories and components will have the same finish as fabric. The vinyl coating shall conform to FS RR-F-191/1C. Colors shall be stabilized, and shall have a light fastness to withstand a minimum Weather-O-Meter exposure of at least 1500 hours without deterioration when tested in accordance with ASTM D 1499. Specific gravity shall be between 1.26 and 1.30 in accordance with ASTM D 792.

Hardness shall be A90 +/-5 in accordance with ASTM D 2240.

Tensile strength shall be between 2600 and 3000 psi (17.94 MPa and 20.7 MPa) in accordance with ASTM D 412. Vinyl coating shall be exposure-resistant to dilute solutions of most common mineral acids, sea water, salts, and alkali. Vinyl coating shall be continuously bonded to the wire under 5000 psi (34.5 MPa) pressure before the wire is woven into fabric as seen in the table below.

Coating Performance Requirements:

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QUALITY

CHARACTERISTICS

ASTM TEST

METHOD PERFORMANCE REQUIREMENTS
Galvanized Surface A 123 Coating of at least 1.20 oz/sq.

Hardness D 2240 A90+/-5
Tensile Strength D 412 Between 2600 and 3000 PSI
Weathering Resistance D2244 Weathering Resistance over 1,500 hours without deterioration

Additional ASTM standards to be met in the design and construction of fencing and gates.

• ASTM A392 Specification for zinc-coated steel chain link fence fabric • ASTM A491 Specification for aluminum-coated steel chain link fabric • ASTM A780 Standard practice for repair of damaged and uncoated areas of hot-dip galvanized coatings
• ASTM A824 Specification for metallic-coated steel marcelled tension wire for use with chain link fence
• ASTM F552 Standard terminology relating to chain link fencing • ASTM F567 Standard practice for installation of chain link fence • ASTM F626 Specification for fence fittings
• ASTM F668 Specification for polymer coated chain link fence • ASTM F900 Specification for industrial and commercial swing gates • ASTM F934 Specification for standard colors for polymer-coated chain link • ASTM F1043 Specification for strength and protective coatings of metal industrial chain link fence framework
• ASTM F1083 Specification for pipe, steel, hot-dipped zinc-coated (galvanized) welded, for fence structures
• ASTM F1184 Specification for industrial and commercial horizontal slide gates • ASTM F1345 Specification for zinc-5 aluminum-mischmetal alloy-coated steel chain link fence fabric
• ASTM F1664 Specification for poly (vinyl chloride) (PVC) and other conforming organic polymer- coated steel tension wire used with chain link fence
• ASTM F1665 Specification for poly (vinyl chloride) (PVC) and other conforming organic polymer- coated steel barbed wire used with chain link fence
• ASTM F2200 Specification for automated vehicular gate construction • A STM F2780 Standard guide for design and construction of expanded metal security fences • CLFMI SFR2445, Security fence recommendations
• CLFMI WLG2445, Chain link fence wind load guide for the selection of line post and line post spacing
• Federal specification RR-F-191/3E fencing, wire and post, metal (chain-link fence posts, top rails and braces)
• UL 325 door, drapery, gate, louver and window operators UL 325 door, drapery, gate, louver and window operators

III. FENCING SYSTEM INSTALLATION & SUBMITTALS

A. PREPARATION AND DESIGN SUBMITTAL:

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Make field measurements needed before submitting fabricated industrial fence design or vinyl-coated chain- link fence design, shop drawings, or ordering. Make minor changes in dimensions and alignments as needed to avoid utilities or structural conflicts. Contractor shall specify and submit fabricated industrial fence design and/or vinyl -coated chain- link fence design including appurtenant footings, hardware, mountings, connections, gate design and setup required for compliance with Manufacturer’s installation requirements and compliance with applicable building codes and City standards. Contractor shall submit shop drawings to the engineer for approval prior to fabrication and installation.

B. DEMOLITION:

Pre-existing fencing to be removed, and shall be properly disposed of off-site by the Contractor at Contractor’s expense. Any existing fence indicated to remain and which have been damaged by the Contractor shall be replaced by Contractor at Contractor’s expense. All earth, trees, brush and other obstructions which interfere with the proper construction of fences shall be removed and properly disposed of off-site by the Contractor.

C. INDUSTRIAL STEEL FENCING INSTALLATION STANDARDS:

Industrial steel fencing and gate materials shall be furnished and installed by Contractor at locations as specified by the City on an as-needed basis.

The following installation standards shall be followed:

1. Manufacturer’s installation and warranty requirement

2. Applicable OSHA and Cal OSHA regulations

3. Applicable building and fire code requirements

4. City codes

Refer variances between above documents and Contract Documents to Owner’s Representative. Install fencing and gates according to Manufacturer’s installation and warranty requirements. Contractor shall contact dig alert before installation.

Install fencing and gate materials to tolerances recomm ended by Manufacturer and per submitted and approved industrial steel fencing design. Unless otherwise shown, install fencing true, plumb, and level using precision gauges and levels. Footings shall be specified by the Contractor in the industrial steel fencing design submittal and approved by the City prior to installation. Clean surfaces of metalwork to contact concrete, removing all rust, dirt, grease and other foreign substances before concrete is placed.

Secure all embedded metalwork accurately in position when concrete is placed to prevent displacement or undue vibration during or after placement of concrete. Where metalwork is to be installed in recesses in formed concrete, said recesses shall be made, metalwork installed, and recesses filled with dry -pack grout.

Permanent connections shall be continuously welded not bolted along entire area of contact. All gate welding made in the field shall be ground smooth and wire brushed to remove loose metal. All welding shall be shielded arc type and shall be performed by certified welders. Continuous inspection is required of all field welding in accordance with C.B.C. Section 1704.3.1. Joints in fencing and gates shall have a close

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fit with corner joints coped or mitered and in true alignment. Built-up parts shall be free of warp.

Exposed ends and edges of metal shall be slightly rounded. Fastenings shall be concealed whenever possible.

Post Spacing Requirements:

Span 6’ Nominal (71-3/8" Rail) 8’ Nominal (91-1/4" Rail) Post Size 2-1/2" 3" 2-1/2" 3" 2-1/2" 3" 2-1/2" 3"
Bracket Type Standard (BB301) Angle (BB304) Standard (BB301) Angle (BB304) Post Settings ± ½ O.C. 75" 75-1/2" 76-1/2" 77" 94-1/2" 95" 96" 96-1/2"

Gate posts shall be set in accordance with the spacing shown in the submitted fencing design plans. Six (6) inch or four (4) inch chrome wheels shall be bolted to the gate (between the wheel plates welded near the ends of the gate bottom rail). The gate shall be set upright with the V-grooved wheels positioned over the pre- installed steel V-track inset and flushed to a concrete base that traverses the gate opening. Roller guides shall be affixed to the gate posts at a height even with the gate top rail to hold the gate in a vertical position. Gate stops shall be welded to the end of the gate or track so gate cannot pass rollers in either direction.

Upon request, a fabricated manual lock shall be installed on the face of the gate. The fabricated lock’s placement should not interfere with the closing of the gate. A Wi-Fi capable entry keypad and buried loop detectors to be provided for gate entry upon request. A Knox Box or approved equal fire access box shall be installed alongside the keypad entry.

VINYL-COATED CHAIN-LINK FENCING INSTALLATION STANDARDS:

Vinyl-coated chain-link fencing and gate materials shall be furnished and installed by Contractor at locations as specified by the City on an as-needed basis.

The following installation standards shall be followed:

1. Manufacturer’s installation and warranty requirements

2. Applicable OSHA and Cal OSHA regulations

3. Applicable building and fire code requirements

4. City Codes

Refer variances between above documents and Contract Documents to Owner’s Representative. Install fencing and gates according to Manufacturer’s installation and warranty requirements. Contractor shall contact dig alert before installation.

Install vinyl-coated chain-link fencing and gate materials to tolerances recommended by Manufacturer and per submitted and approved chain-link fencing design. Unless otherwise shown, install fencing true, plumb, and level using precision gauges and levels. Footings shall be specified by the Contractor in vinyl- coated chain-link fencing design submittal and approved by the City prior to installation.

Clean surfaces of metalwork to contact concrete, removing all rust, dirt, grease and other foreign substances before concrete is placed. Secure all embedded metalwork accurately in position when concrete is placed to prevent displacement or

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ON-CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 27

undue vibration during or after placement of concrete. Where metalwork is to be installed in recesses in formed concrete, said recesses shall be made, metalwork installed, and recesses filled with dry-pack grout.

Install security fence of 8-foot (2.45 m), 6-foot, or recommended fabric height with 1-foot (0.9 m) barbed extension on support arms when requested. Space line posts at intervals not exceeding 10 feet (3 m).

Provide top rail through line-post tops and splice with 7-inch (178 mm) long rail sleeves. Brace each gate and corner post back to adjacent line post with horizontal center brace rail and diagonal truss rods. Install brace rail, one bay from end and gate posts. Install center and bottom brace rail on corner and gate leaves. Stretch fabric between terminal posts or at intervals of 100 feet (30.5 m) maximum, whichever is less.

Position bottom of fabric to no more than 2 inches (50 mm) above concrete or asphalt grade and touching dirt finish grade. Fasten fabric to top rail, line posts, braces, and bottom tension wire with 11- AWG galvanized wire ties 24 inches (610 mm) maximum on centers. Attach fabric to end, corner, and gateposts with tension bars and tension bar clips.

Install bottom rail supported at each line and terminal post in such a manner that a continuous brace between posts is formed. Install gates with fabric and barbed wire overhang to match fence upon request.

Install three hinges per leaf, latch, catches, drop bolt, foot bolts and sockets. In place of a latch, install a fabricated manual lock shall be installed on the face of the gate upon City’s request. The fabricated lock’s placement should not interfere with the closing of the gate.

Six (6) inch or four (4) inch chrome wheels shall be bolted to the gate (between the wheel plates welded near the ends of the gate bottom rail). The gate shall be set upright with the V-grooved wheels positioned over the pre-installed steel V-track inset and flushed to a concrete base that traverses the gate opening.

D. QUALITY ASSURANCE:

The contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and materials and techniques specified.

E. CONSTRUCTION WASTE MANAGEMENT:

The contractor shall clean the jobsite of excess materials; post-hole excavations shall be scattered uniformly away from posts. Before concrete pours, designate locations or uses for excess concrete and a location for clean out water from concrete trucks. Designated locations shall meet environmental standards and conform with Section 7-1.01 of CALTRANS.

F. DELIVERY, STORAGE, AND HANDLING:

Upon receipt at the job site, all materials shall be checked to ensure that no damage occurred during shipping or handling. Materials shall be stored in such a manner to ensure proper ventilation and drainage, and to protect against damage, weather, vandalism, and theft.

Manufacturer’s instruction and warranty requirements for delivery, storage and handling of fencing materials shall be strictly followed.

G. SUBMITTAL:

The manufacturer's literature shall be submitted prior to installation. Submit the following shop drawings and product data:

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a. Include accessories, fittings, hardware, anchorages, and schedule of components. b. Manufacturer's installation instructions.

Furnish the following submittals:

SUBMITTAL DESCRIPTION
Fencing Design Including appurtenant footings, hardware, mountings, connections, gate design and setup.

Shop Drawings Required for fabricated items such industrial steel or vinyl-coated chain-link
fencing and gates.

Schematic Drawing Depicting dimensions and system configuration, footings, gate design, etc.

Required for all sites.

Catalog Data Required for all manufactured products per catalog data requirements.

Warranty Furnish one-year warranty from date of final acceptance.

H. PAYMENT:

Payment for fencing and gate installation shall be paid at the contract unit prices listed on the Cost Proposal Form. Such payment will be considered full compensation for furnishing all design, labor, materials, tools and equipment and doing all work, including grading, necessary to install complete and in place for the projects upon request and specified herein.

I. SYSTEMS WARRANTY:

Vendor shall submit, in detail, a description of any warranty, or equipment replacement, equipment loaner program included in bidder’s offer. The manufacturer’s warranty shall be for a minimum of ten (10) years.

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Exhibit B

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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 18, 2023
TOPIC: Agreements for On-Call Material Testing and Special Inspection Services

AGENDA TITLE
Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for On-Call Material Testing and Special Inspection Services (Non-General Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide On-Call Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney.

2. Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide On- Call Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
Under the City’s Capital Improvement Program, a number of construction projects will take place over the next several years. These projects include street paving, traffic signals, underground utilities, buildings, bridges, and park facility improvements. The total value of construction is currently estimated to exceed $100 million. In order to maintain high quality construction, the City intends to retain testing and inspection firms to provide quality assurance services for these projects.

The Public Works Agency released Request for Proposals (RFP) No. 20-111, by which it sought the services of a professional engineering firm to provide on-call materials testing and special inspection on an “on-call” basis for the City’s Public Works Agency.

The RFP was advertised on the City’s online procurement management and publication system. Seventeen proposals were received and evaluated by a selection committee

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Approve Agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc.

April 18, 2023

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comprised of the Public Works Agency Engineering staff. Based on the criteria outlined in the RFP, the following consists of top scoring firms and their rankings:

Rank Firm City
1 AESCO, Inc. Huntington Beach, CA
2 Kleinfelder, Inc. Laguna Hills, CA
3 RMA Group, Inc. Carson, CA
Approval of the Recommended Action No. 1 will authorize the federal set of consultant agreements for future task orders authorized for grant-funded projects that require adherence to Caltrans Architecture and Engineering requirements. Once identified on an as-needed basis, task orders will be issued under the Caltrans version of the On-Call agreement (Exhibits 1-3).

Approval of Recommended Action No. 2 will authorize the first amendment to increase the shared total aggregate amount of the standard agreement (Exhibits 4-6), which was previously approved by City Council on July 6, 2021. City Council previously authorized this agreement, and staff is proposing to add funds for continued services necessitated under this standard version of the contract.

The recommendation to award contracts was delayed until the City received authorization and clarity from Caltrans regarding federal requirements. Those matters have been resolved and the top rated firms have agreed to honor their proposals. The selected entities provide material testing and inspections for construction activities involving grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting, and other quality assurance services when required.

FISCAL IMPACT
There is no fiscal impact at this time. Prior to utilizing any of these on-call services, Public Works Agency staff must receive Finance and Management Services Agency approval of funding and project activities to be used to ensure funds are available under the authorization limit of $950,000 for any federally funded projects, and under the shared aggregate for any projects using local or discretionary funds. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued.

Funds will be budgeted and available for expenditure for the remaining fiscal year, and carried forward for consideration in future fiscal years within the Agreement terms in the following, and various other, Public Works Contract Services-Professional Accounts:

Division Account
City Facilities License Agreement 01117605-62300
Traffic and Transportation Engineering 01117620-62300

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Approve Agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc.

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Traffic Signal Maintenance 02917620-62300
Sanitary Sewer Enterprise 05417617-62300
Sanitary Sewer Enterprise 05517660-62300
Sanitary Sewer Enterprise 05617640-62300
Fed Clean Water Protection 05717640-62300
Residential Street Improvement 05817660-62300
Water Enterprise 06017645-62300
Water Enterprise 06617647-62300
Construction Engineering 08617611-62300
Design Engineering 08617612-62300
Traffic Engineering 08617620-62300
Administrative Services 10117601-62300
Development Engineering 10117605-62300
CIP Project Funding Various
Street Lights Maintenance 01117630-62300
Roadway Marking/Signs 01117625-62300
Graffiti Abatement Program 01117642-62300
Street Trees 01117643-62300
Sidewalks 01117626-62300
Environment/Sanitation 06817640-62300
Roadway Cleaning 06817641-62300
Median Landscaping 02917635-62300
Roadway Maintenance 02917660-62300

EXHIBIT(S)

1. Agreement with AESCO, Inc. for On-Call Material Testing and Special Inspection Services - Caltrans Version

2. Agreement with Kleinfelder, Inc. for On-Call Material Testing and Special Inspection Services - Caltrans Version

3. Agreement with RMA Group, Inc. for On-Call Material Testing and Special Inspection Services - Caltrans Version

4. Amendment with AESCO, Inc. for On-Call Material Testing and Special Inspection Services

5. Amendment with Kleinfelder, Inc. for On-Call Material Testing and Special Inspection Services

6. Amendment with RMA Group, Inc. for On-Call Material Testing and Special Inspection Services
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

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AGREEMENT WITH AESCO TO PROVIDE ON-CALL

MATERIAL TESTING AND SPECIAL INSPECTION SERVICES
THIS AGREEMENT is made and entered into this 18th day of April, 2023 by and between AESCO, Inc., a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On September 2, 202 0 the City issued a Request for Proposal (“RFP”) No. 20-111, by which it sought qualified consultants to provide on -call material testing and special inspection services 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 such services described in the scope of work that was included in the RFP No. 20-111.

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
During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 2 0-111, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the “ Scope of Services”, which was included in RFP 20-111 and is attached hereto and fully incorporated herein by this reference as Exhibit A, and as more specifically set forth in Consultant’s proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B.

2. ALLOWABLE COSTS AND PAYMENTS
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 Consultant’s Fee and Cost Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit C. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 2 0-111. The total compensation for services provided by all consultants selected under RFP 21 -105 EXHIBIT 1

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shall not exceed the shared aggregate amount of $950,000.00 during the term of this Agreement, including any extension periods as set forth in Section 4, below. b. Consultant’s Fee and Cost Proposal is attached hereto and fully incorporated herein as Exhibit C. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fees. Thes e rates are not adjustable for the performance period set forth in this Agreement. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the fee and cost proposal and identified in the fee and cost proposal, and in the executed Task Order. c. Specific projects will be assigned to Consultant through issuance of Task Orders.

After a project to be performed under this Agreement is identified by City, City will prepare a draft Task Order less the cost es timate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and t otal dollar amount.

After agreement has been reached on the negotiable items and total cost, the finalized Task Order shall be signed by both City and Consultant. d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant’s Cost Proposal.
e. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal.
f. When milestone c ost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from City before exceeding such estimate.
g. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
h. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City. No payment will be made prior to appro val or for any work performed prior to approval of this Agreement.
i. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project, and work shall not commence until a Task Order for that project has been executed by City.

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j. Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number, project title, and Task Order number. Credits due to City that include any equipment purchased under the Equipment Purchase provision of this Agreement must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address: City of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702.
k. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Agreement.
l. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. m. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
n. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement.
o. The total amount payable by City for all Task Orders resulting from this Agreement shall not exceed an aggregate amount of $950,000.00. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this Agreement through Task Orders. p. Consultant shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the City’s Project Manager to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. q. Consultant’s Project Manager shall meet with City’s Project Manager, as needed, to discuss progress on the project(s).
r. This Agreement is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by

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Congress, the State Legislature, or the City that may affect the provisions, terms or funding of this Agreement in any manner.

3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part 31, Contract Cost Principals and Procedures, shall be used to determine the allowability of individual terms of cost. et seq., shall be used to determine the cost allowability of individual items.
b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
c. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by
Consultant to City.

4. PERFORMANCE PERIOD
a. This Agreement shall go into effect on April 18, 2023, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City.

This Agreement shall end on July 5, 2024, unless terminated earlier in accordance with Section 21, below. The term of this Agreement may be extended for up to two (2), one (1) year periods upon a writing executed by the City Manager and City Attorney.
b. Consultant is advised that any recommendation for contract award is not binding on City
until the Agreement is fully executed and approved by City. c. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment.

5. STATE PREVAILING WAGE RATES
a. If applicable, Consultant shall comply with the State of California’s General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the
work.
b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or
maintenance of public works, shall contain all of the provisions of this

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Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations.
c. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Dete rmination. See http://www.dir.ca.gov. Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations, Consultant is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement.
d. When prevailing rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City.

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

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

Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data, which were provided, to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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8. MINIMUM INSURANCE REQUIREMENTS
a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as:
(i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and co mpleted 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.
(ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Cod e 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
(iii) Workers’ Compensation insurance 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.
(iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
(v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity 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 Entity.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(i) Additional Insured Status. The Entity, 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 both CG 20 10, CG 20 26, CG 20 33,

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or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. (iii) Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv) Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity 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 Entity has received a waiver of subrogation endorsement from the insurer.
(v) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the Entity. The Entity 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 sati sfied by either the named insured or Entity.
(vi) 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 Entity.
(vii) Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
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 contract work.

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(viii) Verification of Coverage. Consultant shall furnish the Entity 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 Entity 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 Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

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

9. INDEMNIFICATION

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

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

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

11. RETENTION OF RECORDS/AUDIT
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement, pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested.

12. AUDIT REVIEW PROCEDURES
a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by the City.
b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by the City of unresolved audit issues. The request for review will be submitted in writing, submitted to the project manager of RFP. c. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement.

13. 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

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

14. CONFLICT OF INTEREST
a. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project that will follow.
b. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement.
c. Consultant agrees to complete any statements of economic inte rest if required by either City ordinance or State law.

15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; o r otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

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

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Nabil Saba
Executive Director
Public Works Agency City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Fax 714-647-5635
To Consultant: Adam Chamaa, PE, GE
Vice President
AESCO, Inc.
17782 Georgetown Lane
Huntington Beach, CA 92647
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.

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

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

18. SUBCONTRACTING
a, Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation

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to pay its subconsultant(s) is an independent obligation from City’s obligation to make payments to the Consultant.
b. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City, except that which is expressly identified in the approved Cost Proposal.
c. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City.
d. All subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. e. Any substitution of subconsultant(s) must be approved in writing by City prior to the start of work by the subconsultant(s).

19. EQUIPMENT PURCHASE
a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs.
b. For purchase of any item, service or consulting work not covered in Consultant’s Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.
c. Any equipment purchased as a result of this Agreement is subject to the following condition: “Consultant shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, based on a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City.” 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.

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20. 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.

21. TERMINATION

a. City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice.

Upon termination, City shall be entitled to all work including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by the City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined.

22. 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.

23. PROFESSIONAL LICENSES

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

24. STATEMENT OF COMPLIANCE

a. Consultant’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 11102.

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