3 6
3 0
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Biannual Attendance Reports
Submitted By: Jennifer Hall, City Clerk
Approved By: Kristine Ridge, City Manager
City Council
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2 8/1/2023
EXHIBIT 1
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3 8/1/2023
City Council
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4 8/1/2023
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5 8/1/2023
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6 8/1/2023
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7 8/1/2023
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8 8/1/2023
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9 8/1/2023
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10 8/1/2023
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11 8/1/2023
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12 8/1/2023
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13 8/1/2023
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Community Development Agency
santa-ana.org/community-development
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 1, 2023
TOPIC: Housing Division Quarterly Report
AGENDA TITLE
Quarterly Report for Housing Division Projects and Activities for the period of April 1, 2023 to June 30, 2023
RECOMMENDED ACTION
Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of April 1, 2023 to June 30, 2023
DISCUSSION
This report for the quarter ending on June 30, 2023 provides information for all of the affordable housing projects and activities for the City’s Housing Division. The report is divided into seven (7) sections: Loan Activity, Loan Portfolio Management and Monitoring, Density Bonus Housing Agreements, Development Impact Fee Deferral Agreements, Rent Stabilization Program, Affordable Housing Opportunity and Creation Ordinance, and Development Projects.
Loan Activity
Applications
The Housing Division offers several different programs including down payment assistance for first-time homebuyers and rehabilitation grants for mobile homes and single-family homes. Inquiries are received from the public and applications are mailed out, received, and approved for these programs on a continual basis. Table 1 shows the number of inquiries, applications sent out, received, and approved by type for the quarter and for the total fiscal year:
Table 1: Applications Sent Out, Received and Approved
Inquiries Applications
Sent Out
Applications
Received
Applications
ApprovedProgram
Q4 Total
FY Q4 Total
FY Q4 Total
FY Q4 Total
FY
Residential Rehabilitation
Grant Program 0 80 0 50 0 25 0 15
Down Payment
Assistance Program 18 141 10 133 8 25 5 16
Loan Subordinations 0 0 0 0 0 0 0 0
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Housing Division Quarterly Report
August 1, 2023
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2 4
The number of applications received is typically lower than the number of applications sent out in any given period due to the stringent program guidelines for eligibility regulated by the federal government, which makes it difficult for most applicants to qualify.
The City of Santa Ana’s Residential Rehabilitation Grant Program is designed to improve and preserve affordable housing through the use of federal Community Development Block Grant (CDBG) funds. The Program is administered by Habitat for Humanity of Orange County on behalf of the City. The Program provides grants of up to $25,000 for eligible home repairs for low-income homeowners at or below 80% of the Area Median Income (AMI) as defined by the U.S. Department of Housing and Urban Development (HUD). Eligible activities include the repair, replacement, and/or installation of major systems including plumbing, heating, electrical, windows, roof, paint, and handicap accessibility. There were no inquiries or applications sent and/or received for the grant program during this quarter. Seven (7) rehabilitation projects were completed during this Fiscal Year. The Fiscal Year 2023-24 funding for this program was renewed by City Council on May 2, 2023 and applications are currently being accepted.
Down Payment Assistance Loan Program Progress
For the Down Payment Assistance Loan Program (DPAP), staff evaluates applicant eligibility and oversees underwriting to ensure compliance with program guidelines and requirements established by HUD. During this quarter, staff conducted the following outreach and education on the program:
•Staff conducted two (2) virtual workshops via Zoom together with NeighborWorks of Orange County with a total of 48 attendees. These workshops are conducted every second Tuesday of the month.
•Staff participated in one First Time Homebuyer Workshop sponsored by Councilmember Phan. In total, four (4) professionals and eight (8) residents attended the workshop to get information on how to qualify for the City’s Down Payment Assistance Loan Program.
•On June 10, staff participated in a First-Time Homebuyer Fair hosted by Orange County Community Housing Corporation at Santa Ana College. The event included other homebuying professionals and lenders that provided booths and informational lectures. Staff provided program materials and spoke about the program to all attendees. The event welcomed around 150 people. •On June 28, staff provided a Spanish language Down Payment Assistance and Affordable Housing Workshop at Latino Health Access. This workshop was attended by 14 residents.
As a result of these efforts, five (5) down payment assistance loan applications were approved and five (5) closed escrow.
City Council
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2 8/1/2023
Housing Division Quarterly Report
August 1, 2023
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2 4
Loan Portfolio Management & Monitoring
The Housing Division is responsible for managing the residential loan portfolio, which includes all of the loans entered into by the City and Housing Authority acting as the Housing Successor Agency. As of the end of the fourth quarter, the principal balance was $149,153,321. This portfolio is comprised of 341 loans of which 319 are deferred or residual receipt payment loans. As shown in Table 2, the loan portfolio generated $464,827.98 in payments of principal and interest during the fourth quarter. The amount of residual receipts payments changes every quarter.
Table 2: Portfolio Revenue
HOME CDBG Redevelopment NSP
Loan Payoffs $0 $0 $30,000.00 $0
Residual Receipts
Payments $98,134.72 $0 $206,463.18 $96,892.26
Amortized Loan
Payments $8,013.80 $3,402.13 $21,921.89 $0
Total for Q4 $106,148.52 $3,402.13 $258,385.07 $96,892.26 Monitoring
As part of the requirements for these loans, staff must monitor the owner-occupancy of single-family homes that have received loans and the building code compliance of units in rental projects with long-term affordability covenants. During this quarter, 38 owner- occupancy recertification letters were mailed and 24 were returned and processed. This number includes letters sent from previous months. Staff also conducted a total of 414 inspections during this quarter.
Density Bonus Agreements
The California Density Bonus law allows developers proposing five (5) or more residential units to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To help make constructing on-site affordable units feasible, the law allows developers to seek up to three (3) incentives/concessions and an unlimited number of waivers, which are variances from development standards that would help the project be built without significant burden and without detriment to public health.
The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. Recent revisions allow affordable housing developers to request incentives/concessions and/or waivers for 100-percent affordable developments, even if they do not require a numerical density bonus. Moreover, in early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to “justify” the density bonus and requested incentives/waivers and places the responsibility on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted.
As of the date of this report, the City of Santa Ana has entered into the following Density Bonus Agreements:
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Housing Division Quarterly Report
August 1, 2023
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Date of
Agreement Housing Development Address Affordable Units
October 2018 Metro East Senior Park 2222 E. First St.
415 rental units restricted
for very low income and
low income or senior
tenants
August 2018 First Point I & II Apartments 2110, 2114 and 2020 E.
First St.
547 rental units restricted
for very low income and
low income tenants
February 2019 Legacy Square 609 North Spurgeon St.
92 rental units restricted
for very low income and
low income tenants
November 2019 The Rafferty 114 & 117 E. Fifth St.
11 rental units restricted
for very low income
tenants
December 2021 FX Residences
801, 807, 809
and 809 ½
East Santa Ana Blvd
16 permanent supportive
housing units
June 2022 WISEPlace 1411 N. Broadway 47 permanent supportive housing units
August 2022 Brandywine Acquisition
Group 1814 & 1818 E. First St.
4 townhomes restricted for
sale to moderate-income
buyers
Development Impact Fee Deferral Agreements
Development impact fees are a one-time charge to new developments imposed under the Mitigation Fee Act. These fees are charged to new developments to mitigate impacts resulting from the development activity and cannot be used to fund existing deficiencies. This means that for improvements that benefit existing as well as new development, impact fees can only pay for the portion of the improvement that benefits the new uses. Impact fees must be adopted based on findings of a reasonable relationship between the development paying the fee, the size of the fee, and the use of fee revenues. Development impact fees do not require voter approval and are commonly used by cities to address the impact of new development on schools, parks, transportation, etc.
Prior to issuance of any building permits, the City currently requires the payment of various development impact fees. However, affordable housing developers may submit a request to defer specific development impact fees for their property pursuant to California Government Code section 66007. The City and owner then execute a Development Impact Fee Deferral Agreement to defer certain development impact fees applicable to the property and place a lien on the property to secure payment of these fees, which are due before the issuance of the certificate of occupancy or the final building check. As of the date of this report, the City has entered into the following outstanding Development Impact Fee Deferral Agreements that are pending payment:
Date of
Agreement Developer Housing Development
Address
Estimated Total Fees
Due
December 2021 Shelter Providers of
Orange County
802, 809, 809 ½ East
Santa Ana Blvd. $510,000
July 2022 Washington Santa Ana
Housing Partners
1126 &1146 E.
Washington Ave. $652,717
City Council
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4 8/1/2023
Housing Division Quarterly Report
August 1, 2023
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Rent Stabilization Program
Effective November 18, 2022, the City Council adopted an amended Rent Stabilization and Just Cause Eviction Ordinance (Ordinance) that included a number of changes.
The amended Ordinance expands the administration and enforcement of renter protections for Santa Ana residents by establishing a rental housing board and a rental registry program. The amended Ordinance also includes additional petitions for tenants and landlords, voluntary mediation services, and other enhancements.
The City has prepared user-friendly information on the Ordinance for both tenants and landlords on the City’s webpage, including the full Ordinance and answers to Frequently Asked Questions in English, Spanish, and Vietnamese. Tenants and landlords are encouraged to sign up to receive the latest updates.
Program Updates:
The City of Santa Ana continues to work with RSG, Inc. on the long-term implementation of the Ordinance. This project has met many critical milestones over the course of Quarter 4 (Q4).
Staff, in partnership with Revenue and Cost Specialists (RCS), conducted a comprehensive fee study to determine appropriate program fees to recover all program costs associated with services provided under the Ordinance. The Rental Registry Fee was approved in the FY 2023-24 Miscellaneous Fee Schedule. Additionally, the City Council approved the City’s new Rent Stabilization Division in the City’s FY 2023-24 Annual Budget to administer the Ordinance.
Staff, in partnership with 3Di, Inc., worked to implement a rental registry portal that supports the Ordinance. In Q4, staff worked with the consultant on a weekly basis to configure the portal where property owners will register rental units, update rental unit information, update tenancy information, submit notices, and pay the City’s rental registry fee. Staff also worked with the Finance and Management Services Agency to ensure the City will be able to collect, allocate, process, and utilize rental registry fees for the administration of the Ordinance.
Staff conducted targeted outreach in partnership with Santa Ana Unified School District, neighborhood associations, non-profits who work with low-income residents, and at local laundromats in an effort to strengthen the way we engage with our community.
In addition to the progress made towards the long-term implementation of the Rent Stabilization Program, staff has continued to serve the community in the following ways throughout Q4:
•Reviewed and made continuous improvements to the layout, content, and forms on the Renter Protections webpage for easier access and understanding. •Published new information on the City’s webpage, including the Notice of Allowable Rent Increase, Fair Return Petition, Capital Improvement Petition, and Tenant Petition to ensure compliance with the City’s Ordinance.
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Housing Division Quarterly Report
August 1, 2023
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•Created a new website for the City’s monthly Rent Stabilization Newsletter, increasing access to residents who need the newsletter translated into another language.
•Fielded calls and emails from the public and provided information, referrals, and education to renters and property owners on the City’s Ordinance. •Collected notices from landlords to monitor for compliance with the Ordinance.
Residents Served:
During this quarter, staff and RSG fielded calls from the public and provided information and education to renters and property owners on the Ordinance. A breakdown of the number of inquiries is as follows:
The City requires that when changing the terms of a tenancy, an owner must submit proof of service to the City as evidence that the owner has complied with noticing requirements. A breakdown of the number of notices received is as follows:
Staff also conducted one (1) workshop in partnership with Latino Health Access:
The City regularly distributes important updates and information to Santa Ana residents.
During this quarter, staff informed the public of programmatic updates via social media, newsletters, and email distribution lists, reaching a total of 10,147 Santa Ana residents.
Available Funds and Land Assets for Affordable Housing Development Projects The City of Santa Ana and the Housing Authority, acting as the Housing Successor Agency, manages multiple sources of local, state, and federal funds to develop affordable housing. Exhibit 1 provides a summary of the funds available as of June 30, 2023.
Month # of Inquiries
April 2023 93
May 2023 101
June 2023 103
Total 297
Month # of Notices
April 2023 29
May 2023 76
June 2023 48
Total 153
Month # of Registrants
May 17, 2023 41
Total 41
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6 8/1/2023
Housing Division Quarterly Report
August 1, 2023
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Affordable Housing Opportunity and Creation Ordinance
On-Site Development:
Since 2011, a total of 33 units have been developed on-site as a result of the Affordable Housing Opportunity and Creation Ordinance, including 23 ownership units for-sale and 10 rental units:
Units Built On-Site
Ownership Rental Total
23 10 33
In-Lieu Fees Generated:
All in-lieu fees, penalties, and other monies collected pursuant to the Ordinance, including interest, are deposited into the Inclusionary Housing Fund. Since inception, the Inclusionary Housing Fund has generated $28,443,446 to be used for the development of housing affordable to low- and moderate-income households, with a reasonable amount spent on administrative or related expenses associated with the administration of the Ordinance.
Inclusionary Housing In-lieu Fees Received per Fiscal Year FYs
2009-2017
FY
17/18
FY
18/19
FY
19/20
FY
20/21
FY
21/22
FY
22/23
$7,851,002 $2,712,304 $7,236,945 $0 $3,709,875 $6,933,320 $0 In-lieu fees generated have been used to develop new affordable homeownership and rental housing opportunities as well as provide emergency shelter. Below is a summary of how in-lieu fees have been used by the City:
Project Inclusionary Housing
Funds SPENT # of Units Address
Santa Ana Arts
Collective $4,775,000 57 1666 N. Main Street
La Placita Cinco $1,300,000 50 2239 West 5th Street
The Link Interim
Emergency Shelter $4,140,295 N/A 2320 S Redhill Avenue
Westview House $1,514,113 84 2530 and 2534
Westminster Avenue
Habitat for Humanity
“Lacy & Vance” $565,271 2 826 N. Lacy Street &
830 N. Lacy Street
WISEPlace Steps to
Independence Public
Service Program
$90,000 N/A N/A
TOTAL $12,384,679 193
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Housing Division Quarterly Report
August 1, 2023
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Project Inclusionary Housing
Funds COMMITTED # of Units Address
Habitat for Humanity
“Washington Street” $2,200,000 6 1921 W. Washington
Ave.
Down Payment
Assistance $1,250,000 N/A N/A
TOTAL $3,450,000 6
Affordable Housing Development Projects
There are six (6) affordable housing projects under construction and one (1) affordable housing project in pre-development. During this quarter, Legacy Square completed its construction and a final certificate of occupancy was issued. Below is a brief summary and status-update for each project. Exhibit 2 provides a development timeline for each project. The most recent RFP for Affordable Housing Development was issued on December 8, 2021 and closed on February 28, 2022. WISEPlace Permanent Supportive Housing and Habitat for Humanity of Orange County were awarded pre- commitment letters.
Projects Completed during this Quarter
Legacy Square (609 North Spurgeon Street)
Developer National Community Renaissance with Mercy House as the service provider Description
New construction of a 100% affordable multifamily apartment complex consisting of 92 units of rental housing and one (1) manager’s unit. All units will be affordable to households earning less than 60% AMI of which 33 units will be set-aside for permanent supportive housing.
Authority
Funds Eight (8) Project-Based Vouchers (PBVs)
Update
The final Certificate of Occupancy was issued on June 14, 2023. A Grand Opening Ceremony was held on June 21, 2023. The lease-up of units is continuing.
Projects under Construction
Estrella Springs (1108 N. Harbor) (Formerly called North Harbor Village) Developer Jamboree Housing Corporation
Description Acquisition and rehabilitation of a former motel yielding 89 units of permanent supportive housing.
City / Authority
Funds
CDBG ($1,687,047); Eight-nine (89) PBVs consisting of 34 HUD-VASH PBVs and 55 regular PBVs.
Update
During this quarter, the project name was officially changed to Estrella Springs. Construction is currently underway. Recent activities include insulation, drywall, and interior work in Building C. Changes in the MEP, structural, and building have triggered plan check revisions that have taken some time to complete. Plan resubmittals have also required
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August 1, 2023
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submittals to the Orange County Fire Authority (OCFA). The submittals are needed to complete the interior work. Most approvals for Bldg. C have been issued but approvals are pending for Bldg. B and Bldg. A.
Once the interior work is approved, it will all be completed while elevator, exterior stucco, and paint start. The current schedule is subject to change pending approvals from the city on our plan revisions.
Westview House (2530 Westminster Avenue)
Developer Community Development Partners with Mercy House as the service provider Description
New construction of an affordable multifamily apartment development consisting of 84 units of both large family and PSH units and one (1) manager’s unit. Twenty-six (26) of the units will be funded by Mainstream Program PBVs and Mental Health Services Act (MHSA) funds through the No Place Like Home (NPLH) program.
City / Authority
Funds
Inclusionary Housing ($1,514,113), HOME Investment Partnerships Program ($2,003,705), Rental Rehabilitation Program ($386,523), and twenty-six (26) Mainstream Program PBVs
Update
The project has completed rough framing and roofing. Project is currently working on utility rough ins. Completion of the project is anticipated in February 2024.
Crossroads at Washington (1126, 1136, and 1146 E. Washington Avenue) Developer The Related Companies of California with A Community of Friends as co- developer and lead service provider
Description
New construction of a 100% affordable multifamily apartment complex consisting of 85 units of rental housing and one (1) manager’s unit. All units will be affordable to households earning less than 30% AMI of which 43 units will be set-aside for permanent supportive housing.
City / Authority
Funds
HOME Investment Partnerships Program ($3,007,489), Neighborhood Stabilization Program ($1,637,420), sixty-five (65) year ground lease agreement for 1126, 1136, and 1146 E. Washington Avenue (Appraised Value as of September 22, 2019: $4,108,136) and fifteen (15) PBVs Update
The project is framed and roofed. The developer is working with the Corporation for Supportive Housing, Orange County staff, and the Santa Ana Housing Authority to begin the marketing.
Habitat for Humanity (826 N. Lacy & 830 N. Lacy Street) Developer Habitat for Humanity of Orange County (Habitat) Description New construction of two single-family detached homes for homeownership serving households up to 120% AMI.
City / Authority
Funds
Inclusionary Housing ($565,271) and a 99-year ground lease agreement for 416 Vance Street and 826 N. Lacy Street (Appraised Value as of Oct 25, 2018: $578,000)
Update
Significant interior work was completed during this quarter including the painting, door installation, and cabinetry work. On May 5, Habitat held the Leaders Build Challenge on-site. Event participants included sponsors and
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9 8/1/2023
Housing Division Quarterly Report
August 1, 2023
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2 4
volunteers. The event was attended by Mayor Farrah Khan of Irvine, Orange County Supervisor Vicente Sarmiento of the 2nd District, and Senator Tom Umberg. The initial outreach for homebuyers did not generate qualified buyers that met the City’s local preference. The outreach strategy was revamped and was more targeted. The City assisted in the outreach efforts by including in its communications to residents. During July, Habitat will review home buyer applications and will present to the City those buyers recommended for final selection. Volunteer opportunities continue to be offered Wednesday through Saturday throughout the duration of the build. During this quarter, there were 919 unique volunteers with a total of 8,430 volunteer hours.
WISEPlace Permanent Supportive Housing (1411 N. Broadway) Developer Jamboree Housing Corporation with WISEPlace as the co-developer and lead service provider
Description Adaptive reuse and new construction of the WISEPlace building to provide 47 permanent supportive housing units and one (1) manager’s unit.
City / Authority
Funds HOME-ARP ($5,256,327); Twenty-five (25) PBVs
Update
The developer closed on their construction loan financing and began construction in March 2023. The abatement and demolition of the project is complete. A groundbreaking ceremony was held on June 15, 2023. The expected construction completion date is November 2024.
FX Residences (801, 809, 809 ½ East Santa Ana Boulevard) Developer HomeAid Orange County, Inc. with Mercy House as the service provider Description New construction of an affordable multifamily apartment complex consisting of 16 units of permanent supportive housing and one (1) manager’s unit.
Authority
Funds
Housing Successor Agency ($1,656,947), three (3) PBVs, 99-year ground lease agreement for 801 E. Santa Ana Blvd. (Appraised Value as of Oct 25, 2018: $788,000)
Update
HomeAid and its builder captain, City Ventures, met with the City’s Planning and Building Agency to clarify comments from the 3 rd submittal.
Subsequently, building permits were issued in May. A Groundbreaking Ceremony was held on June 12, 2023 and construction will begin in July.
Completion of the project is estimated by the 1st quarter of 2024.
Projects in Pre-Development
Habitat for Humanity (1921 W. Washington Avenue)
Developer Habitat for Humanity of Orange County (Habitat) Description New construction of three (3) duplexes / six (6) homes for homeownership serving households up to 80% AMI.
City Funds Inclusionary Housing Funds ($2,200,000)
Update
In March, Habitat received comments on its initial application for review.
Comments were reviewed and addressed. A second Sunshine Ordinance meeting was held on May 30, 2023 at the El Salvador Community Center. In addition to the Habitat team and staff from the City, over 15 individuals attended the meeting. Representatives from Habitat and the City presented
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Housing Division Quarterly Report
August 1, 2023
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attendees with information on the project, provided an opportunity for questions, and addressed feedback from the first meeting and the application comments received. Attendees asked questions related to understanding income qualifications and the home buyer selection process. Habitat submitted its responses to comments received from the City and updated application documents on June 12, 2023.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Available Funds for Affordable Housing Development Projects
2. Project Timelines
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
City Council
9 –
11 8/1/2023
Available Funds for Affordable Housing Development Projects As of June 30th, 2023
Housing Successor Agency (Housing Authority)
$4,952,611 Cash on Hand
($1,656,947) Frances Xavier Residence Project Pre-Commitment Loan 1 ($250,000) Administrative Costs Allowance 2
($2,725,395) Administrative Costs Allowance for Future Fiscal Years 3 ($307,386) Crossroads at Washington Option Agreement Amendment 4 ($12,883) Crossroads at Washington Environmental Assessment Oversight 5 $0 Available Funds
Inclusionary Housing Funds
$13,130,581 Cash on Hand
($530,000) Down Payment Assistance Program 6
($56,527) Lacy Street Project Grant 7
($151,411) Westview House Loan 8
($37,500) Westview House Project Cost
($11,544) WISEPlace Steps to Independence Program Agreement 9 ($2,200,000) 1921 W. Washington Project Pre-Commitment 13 ($2,298,515) Administrative Costs Allowance (CDA/PBA)
$7,845,083 Available Funds
HOME Program
$6,695,823 Funds to Drawdown
($300,749) Crossroads at Washington Loan 10
($200,371) Westview House Loan 8
$6,194,703 Available Funds to Drawdown
HOME-American Rescue Plan Program (PSH Projects Only)
$1,464,630 Funds to Drawdown
($1,464,630) WISEPlace PSH Loan 12
$0 Available Funds to Drawdown
CDBG Program (Acquisition/Rehabilitation Projects Only) $4,690 Funds to Drawdown
$4,690 Available Funds to Drawdown
Rental Rehabilitation Grant Program
$48,719 Cash on Hand 11
($38,652) Westview House Loan 8
$10,067 Available Funds
$14,054,543 Total Available Funds
1 Approved by Housing Authority on January 15, 2019. Additional $587,000 approved by Housing Authority on December 7, 2021. 2 The Housing Successor Agency relies on available cash to fund the monitoring and compliance functions related to the former Redevelopment Agency's housing loans. 3 Funds to be set aside for compliance and monitoring requirements due to uncertainty of future repayment revenues. 4 Approved by Housing Authority on December 15, 2020. Additional $150,000 maximum approved by Housing Authority on August 17, 2021 (2nd Amendment to Option Agreement). 5 Approved by Housing Authority on July 20, 2021.
6 $400,000 originally approved by City Council on March 6, 2018. Nine loans paid through end of September 2021. Additional $1,200,000 approved by Council on November 2, 2021. 7 Approved by City Council/Housing Authority on March 5, 2019. Additional $333,777 approved by City Council on April 6, 2020. 8 Approved by City Council on May 17, 2022.
9 Approved by City Council on April 7, 2020.
10 Approved by City Council on June 21, 2022.
11 Old program income available after close out of program with HUD. 12 Approved by City Council on March 7, 2023.
13 Approved by City Council on November 15, 2022.
Exhibit 1
City Council
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12 8/1/2023
EXHIBIT 2
Current Affordable Housing Development Project Timelines
Projects Completed during this Quarter
Legacy Square – 609 North Spurgeon Street
Aug 18 Santa Ana CDA Funding Application
Dec 18 Applied for NPLH and SNHP Funds
Jan 19 Santa Ana funding award
Feb 19 Planning entitlements approved
Feb 19 Applied for Round 4 AHSC Funding
May 19 Award of SNHP funds
Jul 19 Applied for Round 1 MHP
Nov 19 Applied for State 4% tax credits
Jan 20 Construction drawings (8-12 weeks)
Feb 20 Apply for Round 5 AHSC funding
May 20 Apply for 4% tax credits
May 20 Plan check (12-16 weeks)
Jun 20 Award of AHSC funds
July 20 Award of 4% Tax Credits
July 20 Award of Tax-Exempt Bonds
May 20 Plan Check (12-16 weeks)
Jan 21 Building permit issuance
Feb 21 Construction closing/syndication
Feb 21 Begin construction (24 months)
Jul 21 Groundbreaking Ceremony
Mar 22 Press Release announcing 5 Community Workshops for Lease Up information
Apr 22 Framing complete
May 22 Roofing to start
July 22 Elevator Cab delivery
Sept 22 Interior painting, and flooring &HVAC getting installed Oct 22 Production insulation and Building Inspection of the Community Room and Leasing Office
Jan 23 Fire signed off on all floors, solar panels and roofing completed, all units in the finish stages. Landscape on podium complete.
Apr 23 Construction complete
Jun 23 Final Certificate of occupancy issued
Jun 23 Grand opening ceremony
Aug 23 100% fully leased (4 months)
Projects under Construction
Estrella Springs – 1108 N. Harbor (Formerly called North Harbor Village) Mar 19 Start of design development
Mar 19 Applied to FHLBSF for AHP Financing ($890,000)
City Council
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EXHIBIT 2
Mar 19 Award of VASH Vouchers & City Loan by City Council (89 Vouchers and $1,687,047)
Mar 19 Start environmental approval process with City of Santa Ana (CEQA/NEPA) Mar 19 Applied for Home Depot Grant ($500,000)
Jun 19 CEQA / NEPA Approval – City of Santa Ana
Jun 19 AHP Award Date ($890,000)
Aug 20 Applied to HCD for MHP 1st Round Funding ($13,316,412) Dec 19 Notified project did not receive 1st Round MHP funding Feb 20 Applied to HCD for VHHP Funding ($10,000,000)
Mar 20 Applied to HCD for MHP 2nd round funding
Mar 20 Applied to OCHFT Financing ($2,292,920)
May 20 Notified project did not receive 2st Round MHP funding May 20 Received OCHFT funding award ($2,292,920)
Jun 20 Received VHHP funding award ($10,000,000)
Jun 20 Submitted Plans for Ministerial Design Approval
Jun 20 Applied for CDLAC tax-exempt bond allocation ($24,000,000) Jul 20 Applied for TCAC 4% competitive state and federal tax credits ($9,896,911) Sept 20 CDLAC Allocation
Nov 20 Ministerial Design Approval (upon completion of community meeting on 11/4/2020)
Oct 20 TCAC Allocation
Oct 20 Start construction documents for rehab
Nov 20 Submit first plan check
Dec 20 Awarded Home Depot Grant
Jan 21 Receipt of first plan check comments
Jan 21 Submit second plan check
Feb 21 Receipt of second plan check comments
Feb 21 Submit third plan check
Mar 21 Received permit ready
Apr 21 Construction loan closing
Apr 21 Pull Permits and start construction
May 21 Site Demolition
Dec 21 Work on mock up units begins
Jun 22 Structural retrofitting and repairs
July 22 Roofing and Framing
Aug 22 Stock drywall & Inspections
Aug 22 Gutter, Awning and Painting & installation of stairs Oct 22 OCHFT Loan finalized
Apr 23 Interior refurbishments & finishes
Apr 23 Complete Flooring
Mar 23 Plan resubmittal/Plan Coordination
Apr 23 Grading/Paving for parking lot and site work May 23 Roof/Drywall
Jul 23 Interiors/Fixtures & Appliances/
Aug 23 Elevator
Sep 23 Lease up
City Council
9 –
14 8/1/2023
EXHIBIT 2
Oct 23 Stucco
Oct 23 Scaffold finishes
Nov 23 Final Cleaning
Nov 23 Construction Completion
Feb 24 Full Occupancy
Westview House – 2530 Westminster Avenue
Oct 19 City of Santa Ana RFP submittal
May 20 OC 2020 Supportive Housing NOFA Submittal
Dec 20 OC 2020 Supportive Housing NOFA award
Jan 21 City of Santa Ana PBV Award
Jan 21 Construction/permanent debt commitments
Jan 21 Receive Entitlements
Jan 21 No Place Like Home application
Mar 21 OCHFT application
May 21 OCHFT Award
Jun 21 No Place Like Home commitment
Sep 21 CDLAC/TCAC 4% application
Dec 21 CDLAC/TCAC 4% award
May 22 Close on construction financing
Jun 22 Construction permits issued
Jun 22 Construction start
Nov 22 Groundbreaking Ceremony
Dec 22 Grading activities completed and concrete poured Apr 23 Floor Sheathing & Pre-Rough complete in Buildings A & B Jun 23 Rough framing and roofing are complete
Jun 23 Window installation in both buildings
Jul 23 Working on utility rough-ins
Jul 23 Roof Truss in Building B
Jul 23 Drywall Production
Feb 24 Construction complete
July 24 All units Leased
Nov 24 Perm Debt Conversion
Crossroads at Washington – 1126,1136 and 1146 E. Washington Avenue Aug 19 Submitted PSH application to County
Oct 19 Submitted for Planning entitlements
Oct 19 Community meeting
Nov 19 Approval of Joint Powers Agreement, Option to Ground Lease, Voucher Resolution and Cooperation Agreement, and Regional Housing Needs Assessment (RHNA) Agreement and Density Bonus
Dec 19 NEPA EA City Approval – City of Santa Ana submits NEPA EA to HUD Feb 20 PSH Funds and Voucher approval from County Board of Supervisors Feb 20 Planning entitlements approved
Mar 20 TCAC 9% Application – 1
st Round 2020
Jul 20 TCAC FCAA/9% Application – 2nd Round 2020
Oct 20 TCAC FCAA/9% Award – 2nd Round 2020
City Council
9 –
15 8/1/2023
EXHIBIT 2
Mar 21 Submitted OCHFT PSH NOFA Application
May 21 OCHFT PSH NOFA Award
Dec 21 Submit DTSC Equitable Community Revitalization Grant (ECRG) Pre- Qualifying Application
Feb 22 Submit for 1st plan check
Mar 22 DTSC approves draft Removal Action Workplan; draft Removal Implementation Plan under review
Apr 22 DTSC ECRG Full Application
Jul 22 DTSC ECRG Award
Jul 22 City issues permit ready letter
Jul 22 C onstruction finance closing/Start construction Nov 22 Building foundation complete
Dec 22 Framing began
Mar 24 Construction complete
Jul 24 Full occupancy
Habitat for Humanity – 826 N. Lacy Street & 830 Lacy Street May 20 DDA signed
June 20 Prepare grading plans
Oct 20 Prepare architectural plans
Oct 20 Submit Neighborhood Review Application
Feb 21 Final Approval from Historic French Park Committee Apr 21 Submit Site Review Application
Dec 21 Submit grading/ Non-Priority WQMP
Jan 22 Submit architectural plans
May 22 Planning Commission Approval
Jul 22 Grading permit issued
Aug 22 Groundbreaking
Aug 22 Building Permits issued
Aug 22 Commence Grading
Sep 22 Begin Foundation Construction
Oct 22 Framing Ceremony/Framing Construction Begins Jan 23 Roof diaphragm sheathing and exterior sheathing completed Jan 23 Roof sheathing/frame and shear walls Inspection
Jan 23 Buildings dried in
Jan 23 House wrap and waterproofing
Jan 23 Drywall stack complete
Jan 23 Exterior Door installation complete
Jan 23 Homebuyer outreach and application open
Feb 23 Window installation complete
Feb 23 Rough in plumbing
Feb 23 Rough in electrical
Feb 23 Rough in mechanical
Feb 23 Rough in fire sprinkler- OCFA
Mar 23 MEP Inspection
Mar 23 OCFA Inspection
City Council
9 –
16 8/1/2023
EXHIBIT 2
Mar 23 Structural/framing complete
Mar 23 Structural/framing Inspection
Mar 23 Seal exterior penetrations
Mar 23 Wood siding started
Mar 23 Start exterior wood trim carpentry-ongoing
Mar 23 Insulation completion and inspection
Mar 23 Drywall hanging
Mar 23 Preliminary homebuyer application review
May 23 Habitat for Humanity Leaders Build on-site
May 23 Re-launchHomebuyer outreach
May 23 Interior paint completed
Jun 23 Porch-flatwork, interior door installation and cabinetry installation Jul 23 Painting completion
Jul 23 Homebuyer application review and selection Aug 23 Dedication Ceremony
Aug 23 Anticipated Construction completion
Aug 23 Certificate of Occupancy/Closing
WISEPlace Permanent Supportive Housing – 1411 N. Broadway May 19 Start of conceptual design development
Sept 19 Applied to City of Santa Ana for Financing Feb 20 Notified not awarded City of Santa Ana Financing Mar 20 Applied to Orange County Housing Finance Trust (OCHFT) Financing Apr 20 Met with City of Santa Ana Planning Staff on entitlements May 20 Notified not awarded OCHFT Financing
Jun 21 Met with City of Santa Ana staff to review revised conceptual plans Jan 22 Submitted Historic Resource Commission and entitlements application to City of Santa Ana
Feb 22 Applied to City of Santa Ana for HOME-ARP Funding and PBVs Mar 22 City of Santa Ana Historic Resource Commission Approval Mar 22 Applied to OCHFT Financing
Mar 22 Applied to AHP Financing
Apr 22 Awarded City of Santa Ana for HOME-ARP Funding and PBVs May 22 Awarded OCHFT Funding
May 22 City of Santa Ana Planning Commission Approval of entitlements May 22 City of Santa Ana Community Development Commission Approval of Funding and Density Bonus Agreement (DBA)
Jun 22 Notified not awarded AHP Funding
Jun 22 Applied to County of Orange for ARPA Funding Jun 22 City of Santa Ana City Council Approval of DBA Jun 22 Awarded County of Orange ARPA Funding
Jun 22 Applied for TCAC 9% competitive federal tax credits Sept 22 TCAC Allocation
Sept 22 Start Construction Documents, Plan Check and Permitting
City Council
9 –
17 8/1/2023
EXHIBIT 2
Jan 23 Closing Kick Off
Mar 23 Receive grading permit and building permit ready letter Mar 23 Construction loan closing
Mar 23 Pull Permits and start construction
Apr 23 Site Demolition
Jun 23 Groundbreaking Ceremony
Nov 23 Podium Complete
Jun 24 Dry In Complete
Nov 24 Construction Complete
May 25 100% Full occupancy (6 months)
FX Residences – 801, 809, 809 ½ E. Santa Ana Boulevard
Jan 19 Council approval for land lease and project funding Jan 19 Submittal of application for NPLH funding
Feb 19 Confirm with City staff that project site can yield additional units under existing zoning
Mar 19 Revise conceptual drawings for additional 5 units (17 total units, up from the original 12 units)
Mar 19 SNHP funding application submitted to County
Apr 19 City staff to review revised conceptual design
Apr 19 Begin development agreement
May19 Board of Supervisors meeting for SNHP funding
Jul 19 Execute Development Agreement
Jul 19 Formal awards letters for NPLH funding to be issued Aug19 Initial planning submittal
Sept19 Sunshine Ordinance Meeting
Mar 21 Planning Commission Meeting (ministerial approval of density bonus) Oct 21 Submit for first plan check
Dec 21 City Council Meeting (ministerial approval of density bonus) Dec 21 City Council approval of additional $587,000 for construction costs Feb 22 Building permit submittal
Mar 22 Received 1
st set of comments back from Plan Check, consultants working on responses.
Jul 22 FX Funding Closing Meetings begin, 2nd Building Plan Submittal Aug 22 Building and Grading comments being addressed Oct 22 Construction Funding Closing process is underway Dec 22 Dry closed funding for CalHFA/SNHP and City of Santa of Santa Ana April 23 Met with city planner to clarify all comments on 3rd submittal April 23 Submit 4th building review & OCFA building review May 23 Pull Building Permits & PGP Permits
June 23 Groundbreaking Ceremony
July 23 Start of Construction
Sept 24 Start of Lease Up
Dec 24 Estimated Completion of construction
City Council
9 –
18 8/1/2023
EXHIBIT 2
Projects in Pre-Development
Habitat for Humanity – 1921 Washington Avenue
Dec 21 Habitat for Humanity OC closed escrow on property Aug 22 Subsidy Approval from Community Development Commission Nov 22 Subsidy Approval from City Council
Dec 22 Submit Demo Permit Application
Jan 23 Demo Permit Issued
Feb 23 Submit Site Plan Review Application
Mar 23
Apr 23
First Sunshine Ordinance Meeting
Geological Soils Testing
May 23 Second Sunshine Ordinance Meeting
Jun 23 Second Sunshine Ordinance Meeting report submitted Jun 23 Responses to comments received submitted
Jul 23 Demolition Permit
Aug 23 Submit Grading / Non-Priority WQMP
Aug 23 Submit Architectural Plans
Sep 23 Planning Commission Approval
Sep 23 Groundbreaking Ceremony
Nov 23 Building Permit issued
Nov 23 Begin Foundation Construction
Jan 24 Framing Ceremony
Aug 24 Complete Rough Inspections
Dec 24 Construction Completed
City Council
9 –
19 8/1/2023
Planning and Building Agency
santa-ana.org/departments/planning-and-building/
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 1, 2023
TOPIC: Update on Historic Street Sign Toppers - Informational Quick Reference (QR) Code Signs
AGENDA TITLE
Update on Historic Street Sign Toppers - Informational Quick Reference (QR) Code Signs.
RECOMMENDED ACTION
Receive and file an update on Historic Street Sign Toppers and informational Quick Reference (QR) code signs.
DISCUSSION
On December 6, 2022, the Planning and Building Agency presented an update to the City Council on the 2022-2023 Historic Resources Commission Historic Preservation Work Program, which stemmed from a 2020 process for communication between the Historic Resources Commission (HRC) and the City Council that was established to communicate feedback related to various historic items and issues. During the December 6, 2022 City Council meeting, Councilmember Bacerra discussed the different components of the Work Program and expressed a strong desire to establish content on the City's website commemorating the historic individuals for whom various parks, facilities, and street sign toppers are named.
Following this discussion, the Planning Division facilitated a series of discussions with the Library Department and the Public Works Agency to brainstorm ideas to: 1) Develop content on the City’s Library Department webpages documenting and commemorating historic individuals in the City’s history; and 2) Bridge that content with the community by making the information available through an easily-accessible format in public settings. Because Helen Marie Shipp is the first historic individual commemorated through the City’s ceremonial street sign toppers along a portion of Willits Street near Raitt Street, the Library Department initiated its online content with a new landing webpage containing a biography of Shipp and a map showing the portion of Willits Street containing Helen M. Shipp Way and Black History Square. The new landing page is accessible online by visiting www.santa-ana.org/honorary-street-names/ .
City Council
10 –
1 8/1/2023
Update on Historic Street Sign Toppers - Informational QR Code Signs August 1, 2023
3 6
0 8
In tandem with this effort, the Public Works Agency developed a template for a professional-grade, reflective sign containing a quick reference (QR) code that members of the community may scan to access the Library Department’s landing page.
Signs will be placed at a pedestrian level for ease of viewing and access and will measure 4 inches by 6 inches, with a reflective coating to ensure visibility and functionality during a variety of lighting and weather conditions. Verbiage on the signs will state “More Information,” with the QR code beneath that links to the new landing page. At the moment, the landing page contains only a biography of Shipp and street map; however, the intent is to expand the page to link to future historic individuals as the ceremonial street sign toppers program expands over time. Lastly, the landing page may also be adapted to contain biographies of additional historic individuals for whom other facilities are named, such as Carl Thornton Park.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
It is estimated that manufacturing and installation will result in $110 in expenses for each informational QR code sign. Expenses will be paid from account no. 011117625- 62300 (Public Works Roadway Markings/Signs-Contract Services). Assuming the ceremonial street sign toppers program results in one new annual designation, expenses will be approximately $660 annually if six QR code signs are manufactured and installed per designation.
EXHIBIT(S)
1. Historic Street Sign Toppers - Informational Quick Reference (QR) Code Sign Template
2. QR Code Sign Photo
3. Sample Installation Photos
Submitted By: Ali Pezeshkpour, AICP, Planning Manager
Approved By: Kristine Ridge, City Manager
City Council
10 –
2 8/1/2023
MORE
INFORMATION
2"
2"
0.43"
0.50"
6"
4"
0.50"
0.50"
1"
0.43"
R=0.50"
R=0.75"
City Council
10 –
3 8/1/2023
City Council
10 –
4 8/1/2023
City Council
10 –
5 8/1/2023
City Council
10 –
6 8/1/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 1, 2023
TOPIC: Contract Amendment for Asphalt Pothole Repair
AGENDA TITLE
Amend Purchase Order Contract with All American Asphalt to Increase the Annual Amount by $200,000 for Asphalt Pothole Repair (Specification No. 18-092) (General Fund)
RECOMMENDED ACTION
Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair, to increase the compensation amount by $200,000, for a total annual amount not to exceed $1,400,000 for both the current two-year term that ends on November 30, 2023 and the two-year renewal term ending on November 30, 2025, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Public Works Agency Maintenance Services Division is responsible for maintaining approximately 400 miles of roadway within the City of Santa Ana. Services provided under the asphalt pothole repair contract include repairing potholes and repairing small damaged pavement areas with asphalt overlay. Additionally, the contract provides for sidewalk asphalt ramping to reduce risks to pedestrians.
To carry out these maintenance services, All American Asphalt was awarded the purchase order on November 20, 2018, with an annual limit of $550,000. Due to the high demand of service requests, the purchase order amount was amended on November 16, 2021, and August 16, 2022, resulting in additional amounts of $147,800 and $202,200, respectively. These adjustments brought the total amount to $900,000.
During the Winter and Spring seasons of FY 2022-23, heavy rainfall caused significant damage. The City Council approved a one-time amendment to address this on April 18, 2023. The amendment increased the FY 2022-23 purchase order amount by $300,000 from the General Fund, bringing the annual limit to $1,200,000. Additionally, the contract was extended for an additional two years to accommodate the increase in repairs.
To deliver responsive public services, the City Council has allocated $500,000 of one- time funding to the FY 2023-24 budget. To ensure uninterrupted resources for essential
City Council
11 –
1 8/1/2023
Contract Amendment for Asphalt Pothole Repair
August 1, 2023
3 6
1 6
street repairs and avoid delays in pothole repairs, Staff recommends increasing the contract authority by $200,000. This supplementary funding will guarantee the availability of resources and enable the smooth progress of street repairs without any interruptions.
All American Asphalt has provided services to the Public Works 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.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The current fiscal year funding is available in the FY 2023-24 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration.
Any remaining balances not expended at the end of the fiscal year will be carried forward to the following fiscal year.
Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
CURRENT ANNUAL AMOUNT (Year 1 of Final 2-Year Term)
2023-24 02917660-62300 Special Gas
Tax
Roadway
Maintenance,
Contract Services-
Professional
$900,000
2023-24 01117626-62300 General
Fund
PW Sidewalks -
Service
Enhancement,
Contract Services-
Professional
300,000
SUBTOTAL 1,200,000
REQUESTED AMENDMENT AMOUNT
City Council
11 –
2 8/1/2023
Contract Amendment for Asphalt Pothole Repair
August 1, 2023
3 6
1 6
Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
2023-24 01117626-62300 General
Fund
PW Sidewalks -
Service
Enhancement,
Contract Services-
Professional
$200,000
ADJUSTED SUBTOTAL $1,400,000
ANNUAL CONTRACT (Year 2 of Final 2- Year Term)
2024-25 02917660-62300 Special Gas
Tax
Roadway
Maintenance,
Contract Services-
Professional
$1,400,000
Total $2,800,000
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council
11 –
3 8/1/2023
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
August 1, 2023
TOPIC: Bristol-Tolliver Street Urban Greening Project
AGENDA TITLE
Approve an Appropriation Adjustment and Capital Improvement Project Amendment for the Bristol-Tolliver Street Greening Project (Project No. 24-6600) (Non-General Fund)
RECOMMENDED ACTION
1. Approve an appropriation adjustment to recognize $3,502,500 in Urban Greening Grant Program funding from the California Natural Resources Agency into the Public Works Agency Enterprise Capital Grants, State Grant-Direct Revenue Account and appropriate the same amount into the Public Works-Water Quality and Control, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to include $3,502,500 of funding from the California Natural Resources Agency Urban Greening Grant Program for the Bristol-Tolliver Street Urban Greening Project.
DISCUSSION
The California Natural Resources Agency (CNRA) Urban Greening Grant Program funds projects that reduce greenhouse gases while also transforming the built environment into places that are more sustainable, enjoyable, and effective in creating healthy and vibrant communities. These projects will establish and enhance parks and open space, using natural solutions to improve air and water, reduce energy consumption, and create walkable and bike-able trails.
The Public Works Agency (PWA) submitted a successful application for funding from the Urban Greening Grant Program for the Bristol-Tolliver Street Greening Project. The Project features the transformation of vacant City-owned parcels at the intersection of Bristol Street and Tolliver Street into a 1.25-acre new community park. The park will include drought tolerant landscaping, shade trees, recreational features, pedestrian pathways, signage, lighting, picnic benches, a stormwater bioretention basin, and a stormwater capture and reuse system for park irrigation (Exhibit 1). The project will provide significant aesthetic, recreational, and environmental benefits to the community.
City Council
12 –
1 8/1/2023
Bristol-Tolliver Street Urban Greening Project
August 1, 2023
3 6
2 1
On January 17, 2023, City Council adopted Resolution 2023-002, which authorized the Executive Director of the Public Works Agency to execute agreements with CNRA for the project. On April 3, 2023, Staff was notified that the City was awarded $3,502,500 for design and construction of the project (Exhibit 2).
A stormwater project design consultant is being procured for project design, which is anticipated to be completed in Spring 2024. Construction is anticipated to start in Summer 2024 and will take approximately one year to complete.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action. The project design consultant will assess the environmental impact of this project in compliance with the California Environmental Quality Act (CEQA).
FISCAL IMPACT
Staff is requesting Council approval of an appropriation adjustment to recognize the Urban Greening Grant Program funding of $3,502,500 from CNRA into the PWA Enterprise Capital Grants, State Grant-Direct Revenue Account (No. 16417002-52025) and appropriate the same amount into the Public Works-Water Quality and Control, Improvements Other Than Building (No. 16417640-66220). With the approval of the amendment to the FY 2023-24 Capital Improvement Program, funds will be budgeted and available for expenditure in FY 2023-24 (Exhibit 3). The remaining balance not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2024-25.
The following table summarizes the funds budgeted and available for expenditure to deliver this project.
Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Descriptio
n
Accounting Unit,
Account No.
Description
Amount
2023-24 16417640-66220
(24-6600)
PWA
Enterprise
Capital
Grants
Public Works – Water
Quality and Control,
Improvements Other
Than Building
$3,502,500
TOTAL $3,502,500
EXHIBIT(S)
1. Bristol-Tolliver Street Urban Greening Project Conceptual Site Plan
2. California Natural Resources Agency Award Letter
3. FY 2023-24 CIP Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council
12 –
2 8/1/2023
EXHIBIT 1
BRISTOL ST.
HESPERIAN ST.
REVISIONS REFERENCES
PUBLIC WORKS AGENCY
City Council
12 –
3 8/1/2023
GAVIN NEWSOM, Governor
WADE CROWFOOT, Secretary for Natural Resources
715 P Street, 20th Floor, Sacramento, CA 95814 Ph. 916.653.5656 http://resources.ca.gov
Baldwin Hills Conservancy • California African American Museum • California Coastal Commission • California Coastal Conservancy • California Conservation Corps • Colorado River Board of California California Energy Commission • California Science Center • California Tahoe Conservancy • Coachella Valley Mountains Conservancy • California Department of Forestry and Fire Protection Delta Protection Commission • Delta Stewardship Council • Department of Conservation • Department of Fish and Wildlife • Department of Parks and Recreation • Department of Water Resources Exposition Park • Native American Heritage Commission • Office of Energy Infrastructure Safety • Sacramento-San Joaquin Delta Conservancy • San Diego River Conservancy • San Francisco Bay Conservation and Development Commission San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy • San Joaquin River Conservancy • Santa Monica Mountains Conservancy • Sierra Nevada Conservancy • State Lands Commission • Wildlife Conservation Board • Ocean Protection Council
April 3, 2023
Nabil Saba
City of Santa Ana
Dear Nabil Saba,
Congratulations on behalf of the California Natural Resources Agency (Agency). It is my great pleasure to inform you that your proposal has been selected for funding under the Urban Greening Grant Program, in the amount of $3,502,500 for the Bristol-Tolliver Street Urban Greening Project.
Thank you for your leadership bringing this project to fruition. We are excited that this funding will help your community reduce greenhouse gas emissions, build resilience to rising temperatures and extreme heat, and add natural features that your residents can enjoy.
Agency staff will contact you in the coming weeks to begin developing your grant agreement. Should you have any questions in the interim, please do not hesitate to contact the Bonds & Grants Office at (916) 653-2812 or via e-mail at [email protected]
.
Please coordinate any public announcements related to your grant award with our Director of Media Relations, Albert Lundeen at (916) 606-3990 or via e-mail at [email protected]
. Remember to tag us on Instagram, Twitter, and
LinkedIn should you announce your award on social media.
We look forward to working with you in the coming months to advance this important project.
Sincerely,
Wade Crowfoot
Secretary for Natural Resources
City Council
12 –
4 8/1/2023
CITY OF SANTA ANA FY 23/24CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:
The project will include drought tolerant landscaping, shade trees, recreational features, pedestrian pathways, signage, lighting, picnic benches, a stormwater bioretention basin, and a stormwater capture and reuse system for park irrigation.
PROJECT NEED:
The project features the transformation of vacant, City-owned parcels into a 1.25-acre new community park. The project helps advance the City's park acreage goal of 3-acres per 1,000 residents and will provide significant recreational and environmental benefits.
PROJECT TITLE:
Bristol-Tolliver Urban Greening
Project
PROJECT CATEGORY:
Utility/Drainage/Lighting
Improvements
Park Facility
LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:
Public Works CIP Engineering Craig Foster, NPDES Manager 01-Aug-2023 PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction 3,147,500 - - - - - -
Engineering 335,000 - - - - - -
Planning 20,000 - - - - - -
TOTAL 3,502,500 - - - - - -
SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 CNRA Urban Greening Grant 3,502,500 - - - - - -
TOTAL 3,502,500 - - - - - -
EXHIBIT 3
City Council
12 –
5 8/1/2023
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
August 1, 2023
TOPIC: Agreement for Industrial/Commercial Inspection and NPDES Program Support Services.
AGENDA TITLE
Approve Agreement with WSP USA Environment & Infrastructure Inc. for Industrial/Commercial Inspection and National Pollutant Discharge Elimination System (NPDES) Program Support Services (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with WSP USA Environment & Infrastructure Inc. to provide stormwater related inspections of industrial/commercial establishments and National Pollutant Discharge Elimination System Program Support Services for a three-year term beginning August 1, 2023 and expiring on July 31, 2026, with provisions for one two-year extension exercisable by the City Manager and City Attorney, for a total amount not to exceed $1,750,000 over the lifetime of the agreement, including the optional two-year extension period, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The City of Santa Ana is a co-permittee under the North Orange County Municipal Separate Storm Sewer System (MS4) Permit (Order No. R8-2009-0030, as amended by Order No. R8-2010-0062). The Permit requires the City to reduce pollutants discharged in urban runoff to the “maximum extent practicable.” In order to comply with the Permit, the City is required to inspect industrial and commercial facilities for potential discharges of pollutants into the stormdrain system.
On March 16, 2023, the Public Works Agency released Request for Proposal (RFP) No. 23-028 to seek the services of professional consultants to provide stormwater related inspections of industrial and commercial establishments and National Pollutant Discharge Elimination System (NPDES) Program Support Services (Exhibit 1). The RFP was advertised on the City’s online procurement management and publication system (PlanetBids) with proposals due on April 6, 2023. Three proposals were received and evaluated by a selection committee. The proposal rankings were based on a combination of qualifications, relevant project experience, understanding of need, and references. The table below summarizes the rank and score for each contractor that submitted a proposal.
City Council
13 –
1 8/1/2023
Agreement for Industrial/Commercial Inspections and NPDES Program Support Services August 1, 2023
3 6
1 4
Consultant Rank
WSP USA Environment & Infrastructure
Inc. 1
Michael Baker International 2
Willdan 3
In accordance with the qualifications based selection process, the fee schedules were opened after proposal evaluations were completed. Staff recommends WSP USA Environment & Infrastructure Solutions Inc. be retained to provide these services (Exhibit 2) based upon the scope of work and selection criteria outlined in RFP No. 23- 028.
The primary services provided under this Agreement will be Industrial/Commercial Inspection and NPDES Program Support Services. Additional services will also be provided for Database Management and various NPDES Program support tasks.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The current fiscal year funding is available in the FY 2023-24 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration.
Fiscal Year Accounting
Unit –
Account No.
Fund
Description
Accounting Unit,
Account Description
Amount
Agreement Term (August 1, 2023 through July 31, 2026)
2023-24
(August-June)
05717640-
62300
Federal Clean
Water Protection
Enterprise
Federal Clean Water
Protection Enterprise,
Contract Services-
Professional
$350,000
2024-25
(July-June)
05717640-
62300
Federal Clean
Water Protection
Enterprise
Federal Clean Water
Protection Enterprise,
Contract Services-
Professional
$350,000
2025-26
(July-June)
05717640-
62300
Federal Clean
Water Protection
Enterprise
Federal Clean Water
Protection Enterprise,
Contract Services-
Professional
$325,000
2026-27
(July 1-31)
05717640-
62300
Federal Clean
Water Protection
Enterprise
Federal Clean Water
Protection Enterprise,
Contract Services-
Professional
$25,000
SUBTOTAL: $1,050,000
City Council
13 –
2 8/1/2023
Agreement for Industrial/Commercial Inspections and NPDES Program Support Services August 1, 2023
3 6
1 4
Fiscal Year Accounting
Unit –
Account No.
Fund
Description
Accounting Unit,
Account Description
Amount
Optional Extension Period (August 1, 2026, through July 31, 2028) 2026-27
(August-June)
05717640-
62300
Federal Clean
Water Protection
Enterprise
Federal Clean Water
Protection Enterprise,
Contract Services-
Professional
$350,000
2027-28
(July-June)
05717640-
62300
Federal Clean
Water Protection
Enterprise
Federal Clean Water
Protection Enterprise,
Contract Services-
Professional
$325,000
2028-29
(July 1-31)
05717640-
62300
Federal Clean
Water Protection
Enterprise
Federal Clean Water
Protection Enterprise,
Contract Services-
Professional
$25,000
SUBTOTAL: $700,000
TOTAL: $1,750,000
EXHIBIT(S)
1. RFP No. 23-028
2. Agreement with WSP USA Environment & Infrastructure Inc.
Submitted By: Nabil Saba, Executive Director - Public Works Agency Approved By: Kristine Ridge, City Manager
City Council
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City Council
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City of Santa Ana RFP 23-028 Page 2
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified Consultants for Industrial/Commercial Inspection and NPDES Program Support Services.
Responses to this Request for Proposals (RFP) will be accepted until 5:00pm on Thursday, April 6, 2023.
Proposals must be submitted electronically through the PlanetBids system. It is the responsibility of the proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the proposal due date and time stated on the cover page of this RFP .
All notifications, requests for information, updates and addenda will be posted on the PlanetBids page at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.
In addition to the electronic submittal through the PlanetBids system, all proposers must deliver five (5) hardcopies of their proposals to the Public Works bid drop-off box at Santa Ana City Hall by 5:00pm on Friday, April 7, 2023. The proposal fee schedule does not need to be included in the hardcopy submittal. The bid drop-off box is located at:
Santa Ana City Hall - First Floor (next to Public Works permit counter) 20 Civic Center Plaza
Santa Ana, CA 92701
City Council
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City of Santa Ana RFP 23-028 Page 3
LETTER OF INTENT: As a courtesy to the City, all interested Consultants must submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date, as shown on the cover page of this RFP. Letters of Intent shall be sent via email and shall include the information below:
1. Use formal company letterhead.
2. Indication of company interest in the RFP.
3. Acknowledgement of candidate's responsibility to monitor the City's website for any amendments or modifications to the RFP.
4. Provision of correct, complete contact information.
Failure to submit a Letter of Intent will lead to disqualification of the firm.
City Council
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City of Santa Ana RFP 23-028 Page 4
TABLE OF CONTENTS
I. INTRODUCTION / PROJECT DESCRIPTION 4
II. INSTRUCTIONS TO PROPOSERS 6 A. CITY RESPONSIBILITIES
B. PROPOSER RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSES & PERMITS
F. INSURANCE
G. INFORMATION PACKET
H. PRE-PROPOSAL MEETING
I. CITY RIGHT TO REJECT
J. BID PROTESTS
III. SUBMITTAL REQUIREMENTS 8
A. GENERAL
B. PROPOSAL CONTENTS
1. STATEMENT OF QUALIFICATIONS
2. SCOPE OF SERVICES AND SCHEDULE
3. FEE PROPOSAL
4. CERTIFICATIONS
IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 10 A. EVALUATION AND RATING
B. SELECTION
V. CONTRACT AWARD 10
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT
VI. IMPLEMENTATION 11
A. KICK-OFF MEETING
B. NOTICE TO PROCEED
VII. PUBLIC RECORDS 11
VIII. APPENDIX
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: SAMPLE AGREEMENT
ATTACHMENT 3: CERTIFICATIONS
ATTACHMENT 4: FEE SCHEDULE
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City of Santa Ana RFP 23-028 Page 5
I. INTRODUCTION / PROJECT DESCRIPTION
Nature of Work:
The City of Santa Ana is seeking a qualified Consultant to perform Industrial/Commercial Inspection and NPDES Program Support Services. A detailed Scope of Work is included in the Appendix of this RFP as Attachment 1.
Number of Proposals and Signature:
Proposals must be submitted electronically through the PlanetBids system. It is the responsibility of the proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the proposal due date and time stated on the cover page of this RFP . Proposals shall be signed by a company official with the power to bind the company. Please be explicit in identifying the appropriate person with legal authority to bind the company.
The proposal fee schedule must be submitted as a separate attachment in the PlanetBids system, and not be included as part of the proposal. Consultants are required to complete ATTACHMENT 4 – FEE SCHEDULE and include it with their submittal.
Five (5) hardcopies of the proposals must also be dropped-off to Santa Ana City Hall in accordance with page 2 of this RFP. The proposal fee schedule does not need to be included in the hardcopy submittal.
The Statement of Qualifications shall be limited to a maximum of twenty (20) double- sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11” x 17”.
Proposal Evaluation and Rating:
The criteria for evaluating the proposals submitted is shown below:
Relevant Project Experience 35%
Staff and Subconsultant Qualifications 30%
Understanding of Need 25%
References 10%
The City has established a proposal review committee to evaluate proposals based on the response to this RFP, which includes adherence to outlined directions and format, and the
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City of Santa Ana RFP 23-028 Page 6
City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers.
After proposal ranking, cost negotiations may begin with the most qualified consultant(s) and only their cost proposals will be opened. Should negotiations fail or result in a price that the City does not consider fair and reasonable, negotiations will be formally terminated and the City will then undertake negotiations with the next most qualified consultant(s).
Project Funding:
The primary funding source for these services is the City’s NPDES Program budget.
Special project funding sources may vary and shall comply with the funding agency’s requirements. Special conditions may apply. Refer to Attachment 1 (Scope of Work) in the Appendix of this RFP.
Prevailing Wages:
In accordance with the California State Labor Code, prevailing wage rates apply. Copies of the prevailing rate of per diem wages are on file with the Public Works Agency and shall be made available to any interested party on request. Contractors shall submit certified payroll to the City for work performed in a timely manner. The City may withhold invoice payment until certified payroll is received.
Term of Contract Agreement:
The City desires to enter into an Agreement with the highest ranking Consultant for an initial three (3) year term with a City option to exercise one (1), two (2) year extension period. This term is outlined in the Standard Consultant Agreement, as contained in the Appendix of this RFP as Attachment 2.
II. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation specifically referred to herein.
B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposers will assume responsibilities for all services in its proposal. The selected proposers shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment of all charges resulting from the Agreement.
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City of Santa Ana RFP 23-028 Page 7
Evidence of Financial Capacity: Proposers may be requested to submit its most recent audited financial statement, evidencing proposer’s financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity.
C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made only in writing in the Q&A section located in PlanetBids prior to the deadline for Requests for Information outlined on the cover page of this RFP. No verbal requests will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.
D. ADDENDA
Any significant changes in the RFP from the date of release to the date of submittal will result in an addendum or amendment. As set forth in the Notice Inviting Proposals, notification of such addendum or amendment shall be posted on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Addenda shall become part of the agreement documents.
E. LICENSES & PERMITS
The selected proposers shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City’s project manager or designee prior to commencing any work in Santa Ana.
Additionally, Proposers will be responsible for obtaining any licenses/permits required by the Scope of Work.
F. INSURANCE
The Selected Proposers shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provide the Selected Proposers with a “New Vendor Checklist”, which outlines insurance requirements.
G. PAYMENT INFORMATION PACKET
The selected proposers shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded.
H. PRE-PROPOSAL MEETING
There is no pre-proposal meeting scheduled for this RFP.
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City of Santa Ana RFP 23-028 Page 8
I. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise.
The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.
The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractors shall be identified in response to this RFP. Subcontractors shall be the responsibility of the selected proposer and the City shall assume no liability of such subcontractors.
III. SUBMITTAL REQUIREMENTS
A. GENERAL
1. The number of Proposal Copies and signature is specified in:
RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION
2. Deadline:
Proposals are due to the City of Santa Ana via PlanetBids at the date and time specified in the Notice Inviting Proposals.
B. PROPOSAL CONTENTS
The proposal format and page limitation, if any, is specified in:
RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION
1. STATEMENT OF QUALIFICATIONS
a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity.
b. Contract Agreement Statement: Proposals shall include a statement outlining concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix.
c. Staff and Subconsultant Qualifications: Proposals shall include a profile of the firm’s experience and resumes which outline the
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City of Santa Ana RFP 23-028 Page 9
experience of the firm’s Staff and Subconsultants that will be providing services. At a minimum, this should include the project manager or principal agent, associates in charge when the project manager or principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual’s time devoted to this project. The project manager or principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. Staff or Subconsultants who are not anticipated to provide any services should not be included in the proposal.
d. Understanding of Need: Proposals shall include an outline which demonstrates contractor’s understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate.
e. Relevant Project Experience: Proposal shall include a list of relevant projects, which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, project location, year completed, and client name and contact information.
f. References: Proposal shall include a list of relevant projects with references from three public entities for which Proposer has performed similar work within the past five (5) years.
2. SCOPE OF SERVICES AND SCHEDULE:
Proposals shall include a Scope of Services and Schedule that detail the work phases to be completed, deliverables to be provided, and the schedule to complete the work, based upon the Scope of Work detailed in Attachment 1 of this RFP.
3. FEE PROPOSAL:
The fee proposal shall be submitted concurrently with the technical proposal, but as a separate attachment, clearly labeled as “Fee Proposal.” The fee proposal shall include a list of all positions, hourly rates, equipment and material costs, and any other costs required to perform the services described in the Scope of Work detailed in Attachment 1 of this RFP.
City Council
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City of Santa Ana RFP 23-028 Page 10 The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. Should negotiations fail or result in a price that the City does not consider fair and reasonable, negotiations will be formally terminated and the City will then undertake negotiations with the next most qualified consultant(s).
Subconsultant markup shall not exceed 10% for any services performed.
4. CERTIFICATIONS:
The following forms shall be signed and included as part of the proposal submittal package:
• Attachment 3-1: Non-Collusion Affidavit
• Attachment 3-2: Non-Lobbying Certification
• Attachment 3-3: Non-Discrimination Certification
IV. PROPOSAL REVIEW (CONSULTANT SELECTION)
A. EVALUATION AND RATING
The criteria for evaluating the proposals are specified in:
RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION.
B. SELECTION
The selection committee will be comprised of a minimum of three (3) City staff. The selection committee may interview the top ranking proposers. Staff will recommend award of the contract to the proposer who will provide the best value and expertise to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions.
V. CONTRACT AWARD
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the selection committee, the Project Manager will recommend awarding contracts to the top-ranking proposer that will provide the best value and expertise to the City. The anticipated Council award date is June 20, 2023.
B. EXECUTION OF AGREEMENT
The Scope of Services and Fees submitted in the proposal will be the basis of any negotiation of final terms, which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix.
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City of Santa Ana RFP 23-028 Page 11
VI. IMPLEMENTATION
A. KICK-OFF MEETING
A kick-off meeting will be held after award of the contract. The selected Consultant and their team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation processes.
B. NOTICE TO PROCEED
Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City.
VII. PUBLIC RECORDS
All data, documents and other products used, developed, or produced during response preparation of this RFP will become property of the City. All responses to this RFP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act.
Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act.
City Council
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City of Santa Ana RFP 23-028 Page A1-1 Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
INDUSTRIAL/COMMERCIAL INSPECTION AND
NPDES PROGRAM SUPPORT SERVICES
RFP NO. 23-028
INTRODUCTION/BACKGROUND
The City of Santa Ana is 27.2 square miles and is located in central Orange County, California.
Santa Ana is the most densely populated city in the county, with a total population of 338,247 and approximately 12,435 people per square mile. Santa Ana sits within three major watersheds: the Newport Bay watershed, the Santa Ana River watershed, and the Anaheim Bay/Huntington Harbour watershed.
The City is a co -permittee under the North Oran ge County Municipal Separate Storm Sewer System (MS4) NPDES Permit (Order No. R8 -2009-0030, as amended by Order No. R8 -2010- 0062). The Permit presents a series of technical, legal, and regulatory challenges to the City and as a result, the City has developed a rigorous National Pollutant Discha rge Elimination System (NPDES) Program. The Permit requires the City to reduce pollutants discharged in urban runoff to the “Maximum Extent Practicable”. In order to comply with the Permit, the City is required to conduct inspections at Industrial and Commercial facilities within its jurisdiction to verify BMP implementation, prohibit the discharge of pollutants to the City’s MS4, and issue enforcement as- needed.
The City is solici ting proposals from qualified consulting firms to conduct inspections at all Industrial and Commercial facilities within the City, as required by the North Orange County Municipal NPDES permit. Additionally, the selected Consultant shall manage the Industrial and Commercial Facility Inspection Database to track facility inspections and provide additional NPDES Program support on an as-needed basis.
The selected Consultant must have the experience, technical expertise, and demonstrated resources available to perfor m the work described in the Scope of Services below . The City desires to enter into an Agreement with the top-ranking Consultant for an initial three (3) -year term, with a City option to exercise one (1), two (2)-year extension period.
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City of Santa Ana RFP 23-028 Page A1-2
SCOPE OF SERVICES
1) Industrial and Commercial Facility Inspections
Consultant shall perform the following tasks:
i) Deploy all necessary personnel, equipment, and materials to conduct Industrial and Commercial Facility Inspections to verify Best Management Practice (BMP) implementation and prohibit discharges of pollutants to the City’s MS4 (a) Inspections shall comply with the requirements of the City’s Municipal NPDES Permit
(b) Consultant shall ensure all staff receive proper training and have adequate Personal Protective Equipment (PPE) to successfully and safely conduct Industrial and Commercial Facility inspections
(c) Consultant shall send out courtesy notifications to Facility operators of upcoming inspections
(d) Consultant shall send out copies of completed inspection reports to Facility operators outlining any deficiencies or required corrections and include applicable BMP fact sheets with recommendations
(e) Consultant shall provide educational materials to Facility operators regarding the Statewide Industrial General Permit or other applicable NPDES regulations and City requirements
(f) Consultant shall issue enforcement actions for violations of Santa Ana Municipal Code. Enforcement actions may include, but are not limited to:
verbal warnings and Administrative Citations with monetary fines (g) Consultant shall be solely responsible for tracking and completing all required Industrial and Commercial Facility Inspections each fiscal year per the requirements of the City’s Municipal NPDES Permit
ii) Any other work required to safely and effectively conduct Industrial and Commercial Facility inspections
Based upon the City’s Prioritized Industrial and Commercial Facility Inventory, the following facilities will need to be inspected during the next three fiscal years. These numbers are approximate and are subject to change.
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City of Santa Ana RFP 23-028 Page A1-3 City of Santa Ana Industrial and Commercial Facility Inspection Schedule FY 2023-20261
Fiscal
Year
High
Priority
Industrial
Medium
Priority
Industrial
Low
Priority
Industrial
High
Priority
Commercial
Medium
Priority
Commercial
Low
Priority
Commercial
Re-
Inspections2 Total
2023-24 125 110 165 130 155 165 170 1,020
2024-25 125 110 165 130 155 165 170 1,020
2025-26 125 110 165 130 155 165 170 1,020
Total 375 330 495 390 465 495 510 3,060
1Inspection numbers estimated using FY 2021-22 inspection data. Future revisions to the Industrial and Commercial Facility Database (based upon business license data and field conditions) could change inspection quantities. Adoption of the fifth term Municipal NPDES permit could also change inspection quantities.
2Assumes 20% of inspections require follow-up for BMP deficiencies or non-compliance.
2) Database Management
Consultant shall perform the following tasks:
i) Manage the City’s Industrial and Commercial Facility Inspection Program database (a) The database shall comply with the requirements of the City’s Municipal NPDES Permit
(b) The database shall be routinely updated as-needed
(i) The City will provide business license data
(c) The Consultant shall be responsible for prioritizing Industrial and Commercial Facilities as high, medium, or low priority based on the requirements of the City’s Municipal NPDES Permit
(d) Consultant shall be solely responsible for managing the Industrial and Commercial Facility Inspection Program Database
ii) Prepare and submit Quarterly Reports to the City summarizing inspection results and enforcement actions issued to Industrial Facilities per the requirements of the City’s Municipal NPDES Permit
iii) Prepare and submit the Existing Development section of the NPDES Annual Program Effectiveness Assessment (PEA) to the City
iv) Any other work required to effectively conduct Database Management
3) As-Needed NPDES Program Support
Consultant shall be capable of and may be requested to perform the following tasks:
i) Additional NPDES Program Inspections
(a) Construction site inspections
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City of Santa Ana RFP 23-028 Page A1-4 (b) Municipal Facility inspections
(c) Food Facility inspections
(d) Illegal Discharge/Illicit Connection inspections and spill response (e) Source investigations
(f) Water Quality Management Plan (WQMP) inspections
(g) Inspections shall comply with the requirements of the City’s Municipal NPDES Permit or Statewide Construction General Permit (if applicable) (h) Consultant shall ensure all staff receive proper training and have adequate Personal Protective Equipment (PPE) to successfully and safely conduct inspections
(i) Consultant shall issue enforcement actions for violations of Santa Ana Municipal Code. Enforcement actions may include, but are not limited to:
verbal warnings and Administrative Citations with monetary fines
ii) Statewide Trash Provisions Support
(a) Consultant shall have technical knowledge of the Statewide Trash Provisions and advise the City how to comply with the Statewide Trash Provisions (b) Analyze the City’s MS4, delineate drainage areas, and identify potential “Direct Connections”
(c) Conduct On-Land Visual Trash Assessments (OVTA) to quantify trash loads from various land uses throughout the City
(d) Calculate the trash load captured by existing Best Management Practices (BMPs) and the total trash load required to be captured by the City (e) Identify opportunities for full trash capture device installation throughout the City
(f) Prepare and submit maps, memorandums, or reports detailing the City’s trash capture efforts and status of compliance with the Statewide Trash Provisions
iii) Water Quality Management Plans (WQMPs) Support
(a) Prepare and review WQMPs for priority and non-priority development projects
(b) Hydraulic calculations, mapping, and hydraulic modeling (c) Design Best Management Practices (BMPs) for stormwater capture, treatment, or reuse
(d) WQMPs and associated BMPs shall comply with the requirements of the City’s Municipal NPDES Permit and applicable design guidance documents (e) WQMPs and BMP designs shall be prepared and stamped by a licensed Professional Engineer (PE) in the State of California
iv) Stormwater Sampling and Analysis
(a) Deploy all necessary personnel, equipment, and materials to collect stormwater or urban runoff samples
(b) All sampling activities shall be in accordance with industry standards and applicable NPDES Permits
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City of Santa Ana RFP 23-028 Page A1-5 (c) Consultant shall ensure all staff receive proper training and have adequate Personal Protective Equipment (PPE) to successfully and safely conduct stormwater sampling and analysis
(d) Submit samples to a certified laboratory for analysis (e) Conduct pollutant load analysis
(f) Prepare and submit data reports to the City analyzing the water quality of the samples
v) Future Municipal NPDES Permit(s) Support
(a) Analyze future Municipal NPDES Permit(s) and advise the City of pending changes and impacts to its NPDES Program
(b) Assist the City in transitioning or modifying the NPDES Program to comply with future Municipal NPDES Permit(s)
(c) Update plans associated with NPDES Permits, including but not limited to:
Local Implementation Plan (LIP) and Drainage Area Management Plan (DAMP)
vi) Total Maximum Daily Loads (TMDL) Support
(a) Consultant shall have technical knowledge of TMDL requirements in watersheds the City is located within
(b) Advise the City how to comply with TMDL requirements (c) Prepare and review special studies or reports associated with TMDL compliance
vii) Watershed Management Plans (WMP) Support
(a) Consultant shall have technical knowledge of WMP development and implementation
(b) Conduct Reasonable Assurance Analysis (RAA)
(c) Advise the City how to comply with WMP requirements
viii) Statewide Construction General Permit (CGP) Support (a) Prepare and submit Stormwater Pollution Prevention Plans (SWPPP), Inspection Reports, Rain Event Action Plans (REAP), Annual Reports, Notices of Intent (NOI), Notices of Termination (NOT), Ad-Hoc Reports, Numeric Action Level (NAL) Exceedance Reports, or other related documents to the City for Capital Improvement Projects
(b) All documentation shall comply with the requirements of the Statewide Construction General Permit (CGP) and shall be prepared by a licensed Qualified Stormwater Pollution Prevention Plan Developers (QSD) or Qualified Stormwater Pollution Prevention Plan Practitioners (QSP)
ix) Any other work related to compliance with NPDES Permits or development of the City’s NPDES Program
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City of Santa Ana RFP 23-028 Page A1-6 B. OTHER REQUIREMENTS
Consultant shall adhere to all requirements of applicable NPDES Permits and environmental regulations while performing services un der this Agreement . Contractors shall immediately notify the City should they become aware of any activities or events that may be deemed non- compliant.
C. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to the completion of the tasks outlined in this RFP. In general, this includes, but is not limited to:
Furnish scope of work and provide general direction as-needed to complete tasks Furnish documents, business license data, storm drain maps, land use data, or other information relevant to the Scope of Services
Provide access to stormdrain facilities
Facilitate meeting space and coordination at City facilities
OTHER TERMS AND CONDITIONS:
1. All work shall be implemented in compliance with City of Santa Ana policies, as well as Prevailing Wage law and applicable State and Federal Requirements.
2. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.
3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals.
4. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.
5. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises.
All submitting Contractors must have established affirmative action programs approvable by the City. During the RFP stage, all Contractors will need to complete a “Certification of Non-Discrimination by Contractors” for each firm on their team.
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City of Santa Ana RFP 23-028 Page A2-1
Appendix
ATTACHMENT 2
SAMPLE AGREEMENT
CONSULTANT
AGREEMENT CITY OF
SANTA ANA
THIS AGREEMENT is made and entered into this day of , 2023 by and between (“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 March 16 , 2023 , the City issued Request for Proposal No. 23-028, by which it sought a consultant to provide Industrial/Commercial Inspection and NPDES Program Support Services.
B. Consultant submitted a responsive proposal that was selected by the City . Consultant represents that it is able and willing to provi de the services described in the scope of work that was included in RFP No. 23-028 and addendum thereto.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed b y Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform the services that were described in the scope of work that was included in RFP No. 23-028, which is attached as Exhibit A, and as more specifically delineated in Consultant’s proposal, which is attached as Exhibit B and incorporated in full.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its se rvices provided under RFP No. 23-028, the rates and charges identified in Exhibit C. The total annual amount to be expended under this Agreement shall not exceed $ during the term of this Agreement, including any extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
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City of Santa Ana RFP 23-028 Page A2-2
3. TERM
This Agreement shall commence on the date first written above and terminate on , unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2-year period upon a writing executed by the City Manager and City Attorney.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as de fined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement crea tes a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Do cuments and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
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7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant’s operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined singl e limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
c. Worker’s Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker’s compensation or to undertake self -insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer’s liability insuran ce with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement.
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f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City’s election, to forthwith terminate this Agreement. Such termination shall not affect Consultant’s right to be paid for its time and materials expended prior to notification of termination.
Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from li ability: (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 hav e 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 Consultan t’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular
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business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of c are it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information.
Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure s hall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no in terest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: (714) 647-6956
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
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To Consultant: Consultant Name
Consultant Address
Consultant Contact
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 for th above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
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17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
19. JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is
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not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER HALL KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO
City Attorney
By: _____________________ ____________________________ John M. Funk Name:
Sr. Assistant City Attorney Title:
RECOMMENDED FOR APPROVAL
____________________________
NABIL SABA, PE
Executive Director
Public Works Agency
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City of Santa Ana RFP 23-028 Page A2-9
EXHIBIT A
RFP 23-028
SCOPE OF WORK
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City of Santa Ana RFP 23-028 Page A2-10
EXHIBIT B
CONSULTANT
PROPOSAL
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City of Santa Ana RFP 20-102 Page A2-11
EXHIBIT C
CONSULTANT FEE
SCHEDULE
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City of Santa Ana RFP 23-028 Page A3-1 ATTACHMENT 3
ATTACHMENT 3-1: NON-COLLUSION AFFIDAVIT
CERTIFICATIONS
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution.
Signed
State of California
County of
Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Notary Public Signature Notary Public Seal
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City of Santa Ana RFP 23-028 Page A3-2 ATTACHMENT 3
ATTACHMENT 3-2: NON-LOBBYING CERTIFICATION
CERTIFICATIONS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a “Disclosure of Lobbying Activities”.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.
Firm
Signed and Printed Name:
Title
Date
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City of Santa Ana RFP 23-028 Page A3-3 ATTACHMENT 3
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION
CERTIFICATIONS
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be p rovided s etting forth the p rovisions of th is nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant 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 Consultant’s non-compliance with the nondiscrimination 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 Consultant 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 Executive Order 11246 of September 24, 1965, or by rul e, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant 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
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City of Santa Ana RFP 21-004 Page A2-4
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 agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub-consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation 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 persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
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City of Santa Ana RFP 23-028 Page A4-1 Appendix
ATTACHMENT 4
FEE SCHEDULE
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
INDUSTRIAL/COMMERCIAL INSPECTION AND
NPDES PROGRAM SUPPORT SERVICES
RFP NO. 23-028
The Consultant shall furnish a fee schedule for the proposed services. The Consultant shall include a total cost broken down by Task as shown in Table 1 through Table 3 below, and complete Tables 4 through 7 . The annual budget for Task 3 (As -Needed NPDES P rogram Support ) will be determined by the City and will be considered a contingency to the Agreement. The City will utilize this task as-needed pending available budget.
Attachment 4 – Fee Schedule must be submitted as a separate attachment in the PlanetBids system, and not be included as part of the proposal. Attachment 4 – Fee Schedule does not need to be included in the hardcopy submittal.
Consultant may submit a revised Fee Schedule at the beginning of the fiscal year (July 1) for any adjustments to the hourly rates. The Consultant may be required to submit supporting back -up documentation for t he revised fee schedule changes. The City shall review and determine if the rate increases are warranted. The City’s determination is final.
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City of Santa Ana RFP 23-028 Page A4-2 TABLE 1
Year1
High
Priority
Industrial
Medium
Priority
Industrial
Low
Priority
Industrial
High
Priority
Commercial
Medium
Priority
Commercial
Low
Priority
Commercial
Re-
Inspections2
Total
2023-24 125 110 165 130 155 165 170 1,020
Fiscal Year 2023-24
Task No. 1 – Industrial and Commercial Facility Inspections $ Personnel/Labor Classification required for this Task (including hourly rates and hours):
Task No. 2 – Database Management
$
Personnel/Labor Classification required for this Task (including hourly rates and hours):
Task No. 3 – As-Needed NPDES Program Support $TBD3
Personnel/Labor Classification required for this Task (including hourly rates and hours):
Total Cost for Fiscal Year 2023-24 $
1Inspection numbers estimated using FY 2021-22 inspection data. Future revisions to the Industrial and Commercial Facility Database (based upon business license data and field conditions) could change inspection quantities. Adoption of the fifth term Municipal NPDES permit could also change inspection quantities. 2Assumes 20% of inspections require follow-up for BMP deficiencies or non-compliance. 3Budget for this Task to be determined by the City and will be considered a contingency to the Agreement
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City of Santa Ana RFP 23-028 Page A4-3 TABLE 2
Year1
High
Priority
Industrial
Medium
Priority
Industrial
Low
Priority
Industrial
High
Priority
Commercial
Medium
Priority
Commercial
Low
Priority
Commercial
Re-
Inspections2
Total
2024-25 125 110 165 130 155 165 170 1,020
Fiscal Year 2024-25
Task No. 1 – Industrial and Commercial Facility Inspections $ Personnel/Labor Classification required for this Task (including hourly rates and hours):
Task No. 2 – Database Management
$
Personnel/Labor Classification required for this Task (including hourly rates and hours):
Task No. 3 – As-Needed NPDES Program Support $TBD3
Personnel/Labor Classification required for this Task (including hourly rates and hours):
Total Cost for Fiscal Year 2024-25 $
1Inspection numbers estimated using FY 2021-22 inspection data. Future revisions to the Industrial and Commercial Facility Database (based upon business license data and field conditions) could change inspection quantities. Adoption of the fifth term Municipal NPDES permit could also change inspection quantities. 2Assumes 20% of inspections require follow-up for BMP deficiencies or non-compliance. 3Budget for this Task to be determined by the City and will be considered a contingency to the Agreement
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City of Santa Ana RFP 23-028 Page A4-4 TABLE 3
Year1
High
Priority
Industrial
Medium
Priority
Industrial
Low
Priority
Industrial
High
Priority
Commercial
Medium
Priority
Commercial
Low
Priority
Commercial
Re-
Inspections2
Total
2025-26 125 110 165 130 155 165 170 1,020
Fiscal Year 2025-26
Task No. 1 – Industrial and Commercial Facility Inspections $ Personnel/Labor Classification required for this Task (including hourly rates and hours):
Task No. 2 – Database Management
$
Personnel/Labor Classification required for this Task (including hourly rates and hours):
Task No. 3 – As-Needed NPDES Program Support $TBD3
Personnel/Labor Classification required for this Task (including hourly rates and hours):
Total Cost for Fiscal Year 2025-26 $
1Inspection numbers estimated using FY 2021-22 inspection data. Future revisions to the Industrial and Commercial Facility Database (based upon business license data and field conditions) could change inspection quantities. Adoption of the fifth term Municipal NPDES permit could also change inspection quantities. 2Assumes 20% of inspections require follow-up for BMP deficiencies or non-compliance. 3Budget for this Task to be determined by the City and will be considered a contingency to the Agreement
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City of Santa Ana RFP 23-028 Page A4-5 TABLE 4
LIST OF KEY PERSONNEL1
Name & Job Title Function
TABLE 5
LIST OF SUBCONSULTANTS2
Sub-Consultant Name / Address Function
1Resumes of Key Personnel must be included in Consultant proposals 2Subconsultant resumes and qualifications must be included in Consultant Proposals
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City of Santa Ana RFP 23-028 Page A4-6 TABLE 6
PRICE SUMMARY SHEET
HOURLY RATES
Name Job Title/
Classification
Job Function Fully Burdened
Hourly Rate1
1Fully Burdened rate includes all overhead, general costs, administration costs, and profit
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City of Santa Ana RFP 23-028 Page A4-7 TABLE 7
PRICE SUMMARY SHEET
DIRECT EXPENSES1
Direct Expense Cost
Related Task/Job Function
1Direct expenses are expenses necessary to complete the Tasks outlined in the Scope of Work, such as vehicle mileage, subconsultant markup, equipment rental, etc. Subconsultant markup shall not exceed 10%.
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1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
WSP USA ENVIRONMENT & INFRASTRUCTURE INC TO PROVIDE
INDUSTRIAL/COMMERCIAL INSPECTION AND NPDES PROGRAM SUPPORT
SERVICES
THIS AGREEMENT is mad e and entered into this 1st day of August, 2023 by and between WSP USA Environment & Infrastructure Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. O
n March 16, 2023, the City issued Request for Proposal No. 23-028, by which it sought qualified consultants to provide Industrial/Commercial Inspection and NPDES Program Support services for the City’s Public Works Agency.
B. C
onsultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 23-028.
C. I
n undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.
N
OW 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. S
COPE OF SERVICES
C
onsultant shall perform the services described in the scope of work that was included in RFP No. 23 -028, which is attached as Exhibit A , a nd as more specifically delineated in Consultant’s proposal, which is attached as Exhibit B and incorporated in full.
2. CO
MPENSATION
a. C
ity agrees to pay, and Consultant agrees to accept as total payment for its services provided under RFP No. 23-028, the rates and charges identified in Exhibit C. The total annual amount to be expended under this Agreement shall not exceed $350,000 during the term of this Agreement, including any extension periods. b. P
ayment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.
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2 3. TER
M
This Agreement shall commence on the date first written above and terminate on July 31, 2026, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two (2) year period upon a writing executed by the City Manager and City Attorney.
4. P
REVAILING WAGES
C
onsultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and th e performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,0 00 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. I
NDEPENDENT CONTRACTOR
C
onsultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. O
WNERSHIP OF MATERIALS
T
his Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all sub consultants to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the sub consultant 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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3 7. I
NSURANCE
C
onsultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors.
M
INIMUM SCOPE AND LIMIT OF INSURANCE
C
overage shall be at least as broad as:
• C
ommercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
• Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Vendor has no owned autos, Code 8 (hired) and 9 (non - owned), with limits no less than $1,000,000 per accident for bodily injury and property damage. (Not required if vendor provides written verification it has no vehicles). • 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.
• 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.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
O
ther Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
A
dditional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as addi tional 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 cover age 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, or CG 20 38; and CG 20 37 forms if later revisions used).
Pr
imary Coverage
For any claims r elated 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 City , its
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4 o
fficers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
N
otice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.
W
aiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
S
elf-Insured Retentions
Self-insured retentions must be declared to and approved by the City . The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.
A
cceptability 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.
C
laims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for a t least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Dat e 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.
Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required amendato ry en dorsements (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 listin g all policy endorsements to City before work begins. The City reserves the right to require complete, certified copies o f all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time.
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5 Subcontractors
Consultant 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.
Special or Low Risk Activities
City reserves the right to modify these req uirements, including limits, b ased on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. The City reserves the right to modify or waive insurance requirements for certain low risk recreational activities.
8. I
NDEMNIFICATION
C
onsultant 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 ari se 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, damage s, 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 al l 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 effect s arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Consultant ’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. I
NTELLECTUAL PROPERTY INDEMNIFICATION
C
onsultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
10. RE
CORDS
C
onsultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the
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6 co
sts incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
11. C
ONFIDENTIALITY
If C
onsultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of th e Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
12. CO
NFLICT OF INTEREST CLAUSE
Co
nsultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
13. NO
TICE
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
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7 Execu
tive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant: WSP USA Environment & Infrastructure Inc.
A
ttn: Nathan Schaedler
3560 Hyland Ave
Costa Mesa, CA 92626
(949) 642-0245
A part
y may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUS
IVITY AND AMENDMENT
This
Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSI
GNMENT
Inasm
uch as this Agreement is intended to secure the specialized services of Consultant , Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City.
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8 16. W
AIVER
N
o waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TER
MINATION
T
his Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. A
s a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. P
ayment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
18. NO
N-DISCRIMINATION
C
onsultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement.
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
19. J
URISDICTION-VENUE
T
his Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
20. P
ROFESSIONAL LICENSES
C
onsultant 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
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9 San
ta Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
21. MI
SCELLANEOUS PROVISIONS
a. Each u
ndersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All
exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST:
________________________
JE
NNIFER L. HALL
City Clerk
APPRO
VED AS TO FORM
SONIA R. CARVALHO
City Attorney
By:
_____________________
Jose Montoya
Assistant City Attorney
CITY OF SANTA ANA
_________________________
KRISTINE RIDGE
City Manager
CONSULTANT
__________________________
Nathan Schaedler
Principal-In-Charge
RECOM
MENDED FOR APPROVAL
____________________________
NABIL
SABA, PE
Executive Director
Public Works Agency
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EX
HIBIT A
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City of Santa Ana RFP 23-028 Page A1-1 Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
INDUSTRIAL/COMMERCIAL INSPECTION AND
NPDES PROGRAM SUPPORT SERVICES
RFP NO. 23-028
INTRODUCTION/BACKGROUND
The City of Santa Ana is 27.2 square miles and is located in central Orange County, California.
Santa Ana is the most densely populated city in the county, with a total population of 338,247 and approximately 12,435 people per square mile. Santa Ana sits within three major watersheds: the Newport Bay watershed, the Santa Ana River watershed, and the Anaheim Bay/Huntington Harbour watershed.
The City is a co -permittee under the North Oran ge County Municipal Separate Storm Sewer System (MS4) NPDES Permit (Order No. R8 -2009-0030, as amended by Order No. R8 -2010- 0062). The Permit presents a series of technical, legal, and regulatory challenges to the City and as a result, the City has developed a rigorous National Pollutant Discha rge Elimination System (NPDES) Program. The Permit requires the City to reduce pollutants discharged in urban runoff to the “Maximum Extent Practicable”. In order to comply with the Permit, the City is required to conduct inspections at Industrial and Commercial facilities within its jurisdiction to verify BMP implementation, prohibit the discharge of pollutants to the City’s MS4, and issue enforcement as- needed.
The City is solici ting proposals from qualified consulting firms to conduct inspections at all Industrial and Commercial facilities within the City, as required by the North Orange County Municipal NPDES permit. Additionally, the selected Consultant shall manage the Industrial and Commercial Facility Inspection Database to track facility inspections and provide additional NPDES Program support on an as-needed basis.
The selected Consultant must have the experience, technical expertise, and demonstrated resources available to perfor m the work described in the Scope of Services below . The City desires to enter into an Agreement with the top-ranking Consultant for an initial three (3) -year term, with a City option to exercise one (1), two (2)-year extension period.
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City of Santa Ana RFP 23-028 Page A1-2
SCOPE OF SERVICES
1) Industrial and Commercial Facility Inspections
Consultant shall perform the following tasks:
i) Deploy all necessary personnel, equipment, and materials to conduct Industrial and Commercial Facility Inspections to verify Best Management Practice (BMP) implementation and prohibit discharges of pollutants to the City’s MS4 (a) Inspections shall comply with the requirements of the City’s Municipal NPDES Permit
(b) Consultant shall ensure all staff receive proper training and have adequate Personal Protective Equipment (PPE) to successfully and safely conduct Industrial and Commercial Facility inspections
(c) Consultant shall send out courtesy notifications to Facility operators of upcoming inspections
(d) Consultant shall send out copies of completed inspection reports to Facility operators outlining any deficiencies or required corrections and include applicable BMP fact sheets with recommendations
(e) Consultant shall provide educational materials to Facility operators regarding the Statewide Industrial General Permit or other applicable NPDES regulations and City requirements
(f) Consultant shall issue enforcement actions for violations of Santa Ana Municipal Code. Enforcement actions may include, but are not limited to:
verbal warnings and Administrative Citations with monetary fines (g) Consultant shall be solely responsible for tracking and completing all required Industrial and Commercial Facility Inspections each fiscal year per the requirements of the City’s Municipal NPDES Permit
ii) Any other work required to safely and effectively conduct Industrial and Commercial Facility inspections
Based upon the City’s Prioritized Industrial and Commercial Facility Inventory, the following facilities will need to be inspected during the next three fiscal years. These numbers are approximate and are subject to change.
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City of Santa Ana RFP 23-028 Page A1-3 City of Santa Ana Industrial and Commercial Facility Inspection Schedule FY 2023-20261
Fiscal
Year
High
Priority
Industrial
Medium
Priority
Industrial
Low
Priority
Industrial
High
Priority
Commercial
Medium
Priority
Commercial
Low
Priority
Commercial
Re-
Inspections2 Total
2023-24 125 110 165 130 155 165 170 1,020
2024-25 125 110 165 130 155 165 170 1,020
2025-26 125 110 165 130 155 165 170 1,020
Total 375 330 495 390 465 495 510 3,060
1Inspection numbers estimated using FY 2021-22 inspection data. Future revisions to the Industrial and Commercial Facility Database (based upon business license data and field conditions) could change inspection quantities. Adoption of the fifth term Municipal NPDES permit could also change inspection quantities.
2Assumes 20% of inspections require follow-up for BMP deficiencies or non-compliance.
2) Database Management
Consultant shall perform the following tasks:
i) Manage the City’s Industrial and Commercial Facility Inspection Program database (a) The database shall comply with the requirements of the City’s Municipal NPDES Permit
(b) The database shall be routinely updated as-needed
(i) The City will provide business license data
(c) The Consultant shall be responsible for prioritizing Industrial and Commercial Facilities as high, medium, or low priority based on the requirements of the City’s Municipal NPDES Permit
(d) Consultant shall be solely responsible for managing the Industrial and Commercial Facility Inspection Program Database
ii) Prepare and submit Quarterly Reports to the City summarizing inspection results and enforcement actions issued to Industrial Facilities per the requirements of the City’s Municipal NPDES Permit
iii) Prepare and submit the Existing Development section of the NPDES Annual Program Effectiveness Assessment (PEA) to the City
iv) Any other work required to effectively conduct Database Management
3) As-Needed NPDES Program Support
Consultant shall be capable of and may be requested to perform the following tasks:
i) Additional NPDES Program Inspections
(a) Construction site inspections
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City of Santa Ana RFP 23-028 Page A1-4 (b) Municipal Facility inspections
(c) Food Facility inspections
(d) Illegal Discharge/Illicit Connection inspections and spill response (e) Source investigations
(f) Water Quality Management Plan (WQMP) inspections
(g) Inspections shall comply with the requirements of the City’s Municipal NPDES Permit or Statewide Construction General Permit (if applicable) (h) Consultant shall ensure all staff receive proper training and have adequate Personal Protective Equipment (PPE) to successfully and safely conduct inspections
(i) Consultant shall issue enforcement actions for violations of Santa Ana Municipal Code. Enforcement actions may include, but are not limited to:
verbal warnings and Administrative Citations with monetary fines
ii) Statewide Trash Provisions Support
(a) Consultant shall have technical knowledge of the Statewide Trash Provisions and advise the City how to comply with the Statewide Trash Provisions (b) Analyze the City’s MS4, delineate drainage areas, and identify potential “Direct Connections”
(c) Conduct On-Land Visual Trash Assessments (OVTA) to quantify trash loads from various land uses throughout the City
(d) Calculate the trash load captured by existing Best Management Practices (BMPs) and the total trash load required to be captured by the City (e) Identify opportunities for full trash capture device installation throughout the City
(f) Prepare and submit maps, memorandums, or reports detailing the City’s trash capture efforts and status of compliance with the Statewide Trash Provisions
iii) Water Quality Management Plans (WQMPs) Support
(a) Prepare and review WQMPs for priority and non-priority development projects
(b) Hydraulic calculations, mapping, and hydraulic modeling (c) Design Best Management Practices (BMPs) for stormwater capture, treatment, or reuse
(d) WQMPs and associated BMPs shall comply with the requirements of the City’s Municipal NPDES Permit and applicable design guidance documents (e) WQMPs and BMP designs shall be prepared and stamped by a licensed Professional Engineer (PE) in the State of California
iv) Stormwater Sampling and Analysis
(a) Deploy all necessary personnel, equipment, and materials to collect stormwater or urban runoff samples
(b) All sampling activities shall be in accordance with industry standards and applicable NPDES Permits
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City of Santa Ana RFP 23-028 Page A1-5 (c) Consultant shall ensure all staff receive proper training and have adequate Personal Protective Equipment (PPE) to successfully and safely conduct stormwater sampling and analysis
(d) Submit samples to a certified laboratory for analysis (e) Conduct pollutant load analysis
(f) Prepare and submit data reports to the City analyzing the water quality of the samples
v) Future Municipal NPDES Permit(s) Support
(a) Analyze future Municipal NPDES Permit(s) and advise the City of pending changes and impacts to its NPDES Program
(b) Assist the City in transitioning or modifying the NPDES Program to comply with future Municipal NPDES Permit(s)
(c) Update plans associated with NPDES Permits, including but not limited to:
Local Implementation Plan (LIP) and Drainage Area Management Plan (DAMP)
vi) Total Maximum Daily Loads (TMDL) Support
(a) Consultant shall have technical knowledge of TMDL requirements in watersheds the City is located within
(b) Advise the City how to comply with TMDL requirements (c) Prepare and review special studies or reports associated with TMDL compliance
vii) Watershed Management Plans (WMP) Support
(a) Consultant shall have technical knowledge of WMP development and implementation
(b) Conduct Reasonable Assurance Analysis (RAA)
(c) Advise the City how to comply with WMP requirements
viii) Statewide Construction General Permit (CGP) Support (a) Prepare and submit Stormwater Pollution Prevention Plans (SWPPP), Inspection Reports, Rain Event Action Plans (REAP), Annual Reports, Notices of Intent (NOI), Notices of Termination (NOT), Ad-Hoc Reports, Numeric Action Level (NAL) Exceedance Reports, or other related documents to the City for Capital Improvement Projects
(b) All documentation shall comply with the requirements of the Statewide Construction General Permit (CGP) and shall be prepared by a licensed Qualified Stormwater Pollution Prevention Plan Developers (QSD) or Qualified Stormwater Pollution Prevention Plan Practitioners (QSP)
ix) Any other work related to compliance with NPDES Permits or development of the City’s NPDES Program
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City of Santa Ana RFP 23-028 Page A1-6 B. OTHER REQUIREMENTS
Consultant shall adhere to all requirements of applicable NPDES Permits and environmental regulations while performing services un der this Agreement . Contractors shall immediately notify the City should they become aware of any activities or events that may be deemed non- compliant.
C. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to the completion of the tasks outlined in this RFP. In general, this includes, but is not limited to:
Furnish scope of work and provide general direction as-needed to complete tasks Furnish documents, business license data, storm drain maps, land use data, or other information relevant to the Scope of Services
Provide access to stormdrain facilities
Facilitate meeting space and coordination at City facilities
OTHER TERMS AND CONDITIONS:
1. All work shall be implemented in compliance with City of Santa Ana policies, as well as Prevailing Wage law and applicable State and Federal Requirements.
2. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.
3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals.
4. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.
5. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises.
All submitting Contractors must have established affirmative action programs approvable by the City. During the RFP stage, all Contractors will need to complete a “Certification of Non-Discrimination by Contractors” for each firm on their team.
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EX
HIBIT B
City Council
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Proposal
RFP No.: 23PROPGOVT.0103
Date: April 2023
City of Santa Ana
Industrial/Commercial Inspection and NPDES Program Support Services RFP No. 20-028
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Scope of Services and Schedule
City of Santa Ana | Industrial/Commercial Inspection and NPDES Program Support Services | RFP No. 23-028 Page | 19
Scope of Services and Schedule
6.0 Work Approach
Our proposed work plan is described in the section below. Our approach is based on years of experience completing this same type of work and developing efficiencies/knowledge needed to meet the MS4 Permit requirement and subsequent deadlines while providing business-friendly support to the City.
6.1 T ask No. 1: Industrial and Commercial Facility Inspections Our project team will conduct field inspections of
commercial and industrial facilities to assess compliance with local water quality regulations and appropriate BMPs.
As identified in the RFP, we have assumed approximately 1,020 inspections per year will be required including follow- up inspections and issuance of enforcement notices. Our staff is thoroughly familiar with the City use of the
inspection form as well as the web-based application and database, has gone through our extensive training
program before performing solo inspections, and is
knowledgeable of the City’s procedures for enforcement.
Our extensive training program is based on the County’s core competencies program for municipal, industrial, and commercial inspectors. Our training program also includes 40-hour HAZWOPER training for safety and 40 hours of
field training with a senior NPDES inspector. Every inspector on the project will have documentation that they have met WSP’s extensive training program requirements based on these core competencies before billing the project for inspection-based services under this subtask.
WSP also has an extensive QA/QC program, which includes having a senior inspector review each inspection record. The review process is documented in the City’s web-based application. We understand the reports generated under this program are public documents and are be delivered to the facility or requested through a public records request. The reports generated through the City database will be complete and reflect conditions observed during the inspection.
For the inspection program, our project team proposes on following protocols for announcing our inspections to the industrial and commercial facilities. We propose performing walk-in inspections at facilities covered under the IGP since many of these facilities will recognize our inspectors and are knowledgeable of the City inspection program. Our inspection staff will schedule the inspection with the facility representative in the event they are not available during the walk-in inspection and the inspector will move on to the next facility. For other industrial and commercial facilities, our costs include providing bilingual inspection announcement letters (English/Spanish) to notify businesses of the upcoming inspection. Once alerted, we will complete the inspections within a month. This approach is business- friendly, providing the business an opportunity to schedule the inspection. Our inspection team also uses the letter for our introductory discussion to obtain access to the facility. WSP staff will also have business cards available and our inspectors are dressed in business casual attire to serve as representatives of the City.
To facilitate efficiency and reduce travel time between inspections, inspectors will group daily inspections by geographic location. Typically, the groupings will be based on zip code. For major streets, we separate our inspections by odd and even street numbers. In addition to travel efficiencies, our inspectors are proficient at explaining the inspection program to obtain access. The initial discussion can result in a good or bad impression with these facilities, sometimes resulting in additional time explaining the program. Our
Industrial/Commercial Inspections – WSP’s
team documenting cleaning efforts at an
industrial facility in Santa Ana.
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training program works with the inspectors on how to make a good impression and to clearly explain the inspection program. This training program reduces the chances a facility denies access or contacts the City to ask questions about the inspector.
Our inspectors are also equipped with a field inspector “tool box” that includes appropriate BMP fact sheets to provide to businesses and an iPad to complete the mobile component of data collection. Information includes BMP handouts and pamphlets, BMP guidance materials, and fact sheets such as the IGP coverage and No Exposure Certification Fact Sheet. The iPads are used to record the information during the inspection. Inspectors complete most of the form during or immediately after the site walk. Before going to the next facility, the form is submitted using the web-based application and the record is updated in our database for real-time access by the City. Each inspector has a chance to QA/QC their work prior to submittal and final review by our senior inspector. After the record is reviewed and finalized, the form is printed by our administrative staff and mailed.
During the inspection program, there will be cases of unauthorized discharges observed during the inspection and evidence of poor BMP implementation. Our inspectors will act on the City’s behalf to help manage the response to these cases. Our inspectors have pH paper and an administrative citation pad to issue enforcement actions. As specified in the RFP, we have assumed there will be approximately 170 cases per year to track and provide follow-up inspections. We have assumed that we will provide a notification via email within 24 hours for discharge cases that do not pose a threat to human health or environment. The City will be immediately notified for cases that may pose a threat. Our project team will track the follow-up status and enforcement on these cases until they are properly documented and the case is closed. WSP will provide the issued administration citations to the City or notification that an administrative citation was issued within 24 hours of issuance. Our project team has successfully worked with the City under the last contract to develop an enforcement process that is effective and streamlined.
6.2 T ask No. 2: Database Management
Our project team will manage the City’s industrial and
commercial web-based application and database in
accordance with the specific requirements outlined in
Orange County’s MS4 permit and will meet the additional record protection practices outlined in the 5th term draft permit. Our team provides a seamless transition for this contract, based on our extensive experience. During the last contract period, WSP designed the web-based
application and database, migrated the data from the City’s Microsoft Access Database into a web-based application, and managed the database. WSP hosted the database
and supplied tablets that are used for the mobile
component of the data-collection for no additional charge.
WSP will continue to supply the tablets for our field
inspection staff and host the database for no additional charge during the next contract period.
The City’s web-based application and database was
designed by WSP and streamlines the inspection process. The application uses drop down menus to minimize writing in the field for efficiency and provides consistency between inspectors. The web-based application also creates photo logs, eliminating effort downloading and managing photos and has automated reports (including courtesy letters and quarterly reports) as required in Permit Section VI - Legal Authority/Enforcement. Simple queries built into the application are also used to obtain the numbers for the PEA. The web-application is available to the City at any time using a desktop computer or laptop using the City’s username and password.
WSP’s team developed a web-based application
and database to streamline the inspection
process.
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WSP will perform the annual updates to the inventory and reprioritize the industrial and commercial businesses annually. New industrial businesses will be added when they are discovered and commercial businesses will be added at least quarterly in accordance with the MS4 permit. Through our prior work with the City’s business license department and other City business license departments, our project team has developed efficient procedures to complete the City’s inventory updates as specified in the County’s MS4 Permit Sections IX and X. WSP is familiar with the City’s Business Classification Code (BCC) and has processes developed to select which businesses should be included in the inventory. In the event the City switches from the City’s BCC, our project team can quickly adapt our procedures to reprioritize the inventory based on Standard Industrial Classification or North American Industrial Classification System codes. We have procedures for those codes as well.
Our extensive experience providing inventory update services to various cities makes us knowledgeable of the common pitfalls that may occur, such as inadvertently adding hundreds of new businesses in the inventory that do not require inspection. Our prioritization procedures include the removal of businesses with duplicate business licenses, businesses with multiple business licenses, home-based businesses, businesses with the incorrect BCC codes, and businesses that should not be included based on our past inspections. Our team also has extensive experience with using other online sources required for the inventory prioritization process, including the State Water Resources Control Board’s (SWRCB) Storm Water Multiple Application and Report Tracking System and Toxic Release Inventory. The data tables downloaded from these online sources are compared using unique identification numbers and critical data are imported, as necessary.
This task also includes periodic meetings and phone calls to provide the City with updates on inspections, discuss enforcement issues, and to provide program recommendations. Our project team will also provide one annual kickoff meeting to be held at the City office for training documentation purposes. Project management hours for the review and submittal of monthly summary status reports with monthly invoices are also included in this task.
6.3 T ask No. 3: As-Needed NPDES Program Support
We understand that the City may require additional technical and regulatory assistance related to other aspects of the NPDES program. This may include special inspections and studies, updating the City’s Local Implementation Plan (LIP), Statewide Trash Provisions compliance, TMDL compliance, storm water and non-storm water sample collection and analysis, and other tasks related to improving and enhancing the City’s NPDES program. We have provided similar services to numerous municipal and industrial clients in southern California, including the City. WSP has assisted several municipalities with technical and regulatory assistance. We are confident in our ability to provide expertise in each of the areas described further below and address any other compliance area of concern for the City.
6.3.1 Additional NPDES Program Inspections
WSP staff has extensive experience with providing as-needed NPDES program inspections and can assist in any capacity needed by the City, from providing guidance to full program implementation.
Construction Site Inspection
WSP team has more than 20 local professionals supporting construction storm water permitting and inspection services and has been providing these services to both public and private sector clients throughout southern California for more than two decades. Over the past decade, our capability to provide these services has been built on securing contracts with many notable clients. Our staff routinely reviews construction compliance documents, such as SWPPPs, Erosion and Sediment Control Plan (ESCPs), and Water Pollution Control Plans (WPCPs). We have QSD/QSPs available to lead inspections and have a reputation for swift responses to meet client needs for construction inspection support.
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Our approach to providing storm water related construction services is to be proactive and establish expectations with developers and contractors early in the construction process. We intend to work closely with City staff to prioritize inspection needs (i.e., size, proximity to 303(d) listed water body segment, rainy or dry season,
etc.) based on the history of specific types of projects or contractors. We have found that clear and upfront
communication with private developers helps verify that NPDES issues, if they occur, will be properly addressed in a timely manner.
Areas of expected support to construction services include:
▶ Conducting routine and proactive storm water
quality inspections for construction sites that
require Construction General Permit (CGP)
coverage
▶ Conducting as-needed inspection assistance based
on project prioritization and City staff availability
▶ Collaborating with public works staff to bring NPDES issues into timely compliance
Municipal Facility Inspections
WSP’s team has a thorough understanding of Orange
County’s Fixed Facility Model Procedures. We have
inspected and/or reviewed each fixed facility within the City and can continue to support the City with completing
inspections, tracking inspection requirements, and/or
training City staff to complete this effort.
Food Facility Inspections
Our project team has a thorough understanding of the
Food Service Establishment (FSE) inspection program in
Orange County. WSP routinely performed Health Care
Agency follow-up FSE inspections. Our staff will provide the FSE with educational materials and will document
observations during the follow-up inspection. Should a
prohibited discharge occur, our staff will issue enforcement per the City’s water quality ordinance.
Illegal Discharge/Illicit Connection Inspections, Spill Response, and Source Investigations The City implements a program to actively detect and eliminate ID/ICs to the storm drain system. In addition to the proactive detection identified through County-led outfall monitoring or City-led facility inspections or special studies, a large portion of city investigations are in response to water pollution complaints or reported incidents. To achieve a consistent response in compliance with MS4 permit requirements, an Orange County Investigation Guidance Manual was developed by Orange County Copermittees outlining the fundamental techniques that should be followed during investigations. Each investigation must be thoroughly documented and discharges that present a significant threat to the environment must be immediately reported and remediated as quickly as possible.
WSP’s team routinely provides educational
materials to FSEs.
WSP’s team routinely conducts compliance
inspections for Capital Improvement Projects
(CIP).
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WSP has provided these types of investigation services to several Orange County cities (i.e., Anaheim, Santa Ana, Laguna Niguel, San Juan Capistrano, etc.) and
understands the process for investigation, the resources available to assist the City with addressing and eliminating the discharge (i.e., County pollution response
implementation agreement, Countywide Area Spill Control program, Orange County Health Care Agency, Orange
County District Attorney’s office, Environmental Protection Agency), and the procedures for required reporting to local and State agencies.
Our team has extensive experience with water pollution
investigations. Our project team has performed thousands of water quality investigations for the cities of Anaheim, Costa Mesa, and Santa Ana. We have worked closely with
various city departments during many of these
investigations. Kacen Clapper also led the County’s Water Pollution Response Unit, which directed County efforts to address illegal and illicit discharges in County unincorporated areas and Orange County Flood Control District facilities. He also provided support to Orange County cities, including on-call water pollution response assistance.
Not all water pollution incidents require the same level of response and initial investigations may be more quickly and cost-effectively achieved. Our proposed approach is to coordinate closely with City staff to assess each incident situation and determine the best plan for a response. If WSP assistance is requested, we will respond as quickly as possible. In many cases, our team is already in the City conducting other inspections or at the nearby office in Costa Mesa and can provide a timely response for the protection of downstream receiving waters.
Areas of expected support in investigation services include:
▶ Response to emergency spill notifications, including agency notification and coordination, field investigation, and coordination of cleanup efforts
▶ Proper documentation of all incident investigations to achieve MS4 permit compliance and legally defensible investigation data
▶ Coordination with appropriate parties to quickly mitigate incidents ▶ Issue enforcement to bring NPDES issues into compliance and maintain tracking of all complaints, investigations, and correspondence
Water Quality Management Plan Inspections
Our team has reviewed hundreds of WQMPs for Orange County projects and is currently providing WQMP verification and BMP maintenance inspections for several Orange County cities, including Anaheim, Santa Ana, Laguna Niguel, and San Juan Capistrano. During our typical verification inspection, WSP verifies that the structural treatment control BMPs are installed in accordance with the WQMP and grading plans, flow patterns are reviewed to confirm that storm water is directed to the structural treatment controls as intended, and elevations are reviewed to assess storm water detention. WSP also understands that some projects within the City may be constructed in phases and the relationship between the construction phase and the need to protect structural treatment control BMPs during construction.
WSP assists with ID/IC responses to complaints
providing enforcement with monetary penalties
for prohibited discharges.
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Areas of expected support to Planning and Land
Development include:
▶ Providing private project plan check services to
review priority WQMPs and Non-Priority WQMPs
for compliance with storm water regulations
▶ Advising developers, contractors, and engineers on
potential solutions to water quality issues related to
grading plans and encroachment permits
▶ Conducting post-construction BMP verification and
maintenance inspections to achieve the City’s
compliance with MS4 permit requirements
Municipal NPDES Permit or Statewide Construction
General Permit Inspections, Training, and Enforcement
WSP has extensive experience with NPDES permits,
including the MS4 permit and CGP. Our staff has assisted multiple cities with their municipal construction inspection programs covering the multiple types of inspection programs required. Our staff can assist with guidance to inspection staff, assist with municipal inspections should City staff become unavailable, or assist in a support training role for City staff. Our team also can assist with implementation of the CGP requirements as the QSD or QSP for the City’s CIP projects should a contractor not fulfill their requirements or the City needs support throughout a construction project. Our team has supported the City with similar support during past contracts. Our team also routinely provides training on the requirements similar to the County’s pre-wet season construction training and can provide QSD/QSP training with staff with the CGP ToR certification.
6.3.2 Statewide Trash Provisions Support
Technical Knowledge
We have been leading the compliance effort for the Statewide Trash Provisions (also referred to as the “Trash Amendments”) within Orange County. From the onset, WSP worked on behalf of several Orange County cities to create an ad hoc trash committee, provided numerous presentations on track selection within southern California including presentations to the Orange County cities and at a Riverside County workshop, and led efforts to develop a land substitution guidance document. We continue to be a leader in identifying cost-effective pathways to comply with the Trash Provisions requirements.
Our extensive experience working with Orange County cities means we are familiar with the landscape and understand the challenges presented by the Trash Provisions requirements. Our staff developed several technical reports showing various compliance scenarios for multiple cities. We were also the lead author through a contract with the County of Orange to develop a Trash Provisions Land Substitution Guidance Document. Based on our extensive experience, our team is currently leading the effort in providing comments related to trash provision compliance under the Santa Ana RWQCB’s Regional Phase I MS4 Permit. We understand the balance between having a flexible approach to having a clear compliance pathway outlined in the MS4 permit. Our staff presented on this land substitution compliance approach at several Orange County Storm water program
WSP’s GIS team is also uniquely qualified for this work. Our GIS manager for trash provision compliance is Mr. Kacen Clapper. Kacen also has extensive expertise with the Trash Provisions and storm water regulatory compliance. He has trained several of our GIS support staff on Trash Provisions support tasks,
WSP’s team conducts O&M inspects of
structural treatment control BMPs and obtains
documents supporting that the BMPs are
operational and maintained.
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including automated delineations, refinement of drainages to include structures not reflected in digital elevation models (DEM), direct connection assessments, and modeling of land use trash generation rates (TGR). Direct connections are land areas that drain directly into the MS4 of the City or other jurisdiction, bypassing City municipal catch basins and any trash capture if Full Capture Systems (FCS) were installed at an inlet level. Because our GIS team’s exceptional capabilities and understanding of the Trash Provisions policy and MS4 permit, and our previous history with the City, we will not have a “learning curve” related to tasks requested in this RFP. Trash Provisions support and GIS compliance work are a core business for our storm water group located in Orange County. Our team is uniquely qualified with an extensive work history for similar projects resulting in efficiencies and cost savings gained through years of experience.
Our team also has extensive knowledge of the City’s
compliance strategy. We prepared the City’s Trash
Provisions Implementation Plan for the City that defined specific actions completed by City. The plan included
current progress on program development, including
mapped Priority Land Use (PLU) areas and modeled TGR
adjustments, catch basin inlet delineated drainages, land use layer updates, preliminary land use substitution
findings, and recommendations. The implementation plan
is currently being updated for the remainder of the City and will include the projected trash load remaining. Based on current results, land substitution analysis suggests that FCS installed will achieve Track 1 compliance through
submittal and acceptance of a land substitution request to the Santa Ana RWQCB and ongoing maintenance of the
existing CPS devices.
Delineation of Drainage Areas and Direct Connections
The goal of this task is to: 1) identify City catch basins that receive runoff from PLUs and select equivalent Alternative Land Uses (ALUs); 2) provide more accurate ways to document runoff from City PLUs and areas that will be served by FCS to meet future annual report requirements; 3) confirm locations not captured by FCS requiring land substitution; and 4) obtain potential future OCTA grant funds (as part of the selection process). WSP has completed these delineations for several local clients, including the cities of Santa Ana, Irvine, Anaheim, Garden Grove, San Juan Capistrano, Laguna Beach, Laguna Niguel, Dana Point, and San Diego.
Our approach includes automating the delineation process and performing a subsequent refinement. The initial task includes a desktop GIS analysis to develop a digital elevation model (DEM) based automated drainage delineation. This automated drainage layer saves time and provides a starting point for the subsequent refinement process. WSP recommends the subsequent refinement of drainages to account for structures that may affect drainage flow that are not reflected in the bare-earth DEM. In addition, the refinement process includes the search for public and private catch basins that may be missing in City GIS layers or need to be adjusted to match the location on aerial imagery. For the refinement process, WSP primarily uses storm drain infrastructure data, aerial imagery, and Google Earth street view images. Some drainage areas may require additional document reviews, such as the review of street improvement plans, private and public grading plans, and/or master drainage plans to complete the refinement process.
WSP’s team routinely presents at workshops
and conferences as technical experts.
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Typically, street improvement plans and grading plans are only needed when a property appears to have a private inlet and we need to assess if the storm drain connects directly to the City’s storm drain system or to the back of a catch basin. Since WSP has completed the refinement for each catch basin in the City, additional refinement will be needed for redevelopment projects or when additional catch basin or private drop inlets are observed in the field. Under this scope of work, our staff can continue to refine drainage areas based on additional information received or observations.
On-Land Visual Trash Assessments (OVTAs)
WSP understands the City’s goal of
meeting the Track 1 compliance. Because
of issues such as direct connections and
some catch basins identified as infeasible
to install FCS, the City has installed CPS
in catch basins that were feasible,
including both PLU and ALU areas, to
meet this Track 1 compliance strategy.
The Bay Area Storm Water Management
Agencies Association (BASMAA)
developed a trash model that correlates
different land uses with TGRs for both
PLUs and non-PLU areas and further connects these TGRs with an OVTA score that can be verified through field monitoring. This model will ultimately be used for land substitution under the Track 1 compliance strategy.
WSP completed two rounds of OVTA surveys to verify baseline TGRs. Initial OVTA survey results suggest that City land use TGRs are considerably different than BASMAA modeled TGRs. WSP recommends additional rounds of OVTAs under the next contract to further strengthen findings and adjustment of modeled TGRs based on the initial OVTAs. WSP also anticipates the TGR model will need to be verified periodically, requiring additional OVTAs completed.
While our initial round of OVTAs were completed
using standard two-person field team survey
methods, WSP has developed new methods to
complete cost-effective trash surveys. WSP’s team
uses a camera and develops a machine learning
algorithm to successfully identify trash and develop
corresponding visual trash assessments scores for
several survey segments. We anticipate using the
machine learning technology for future OVTAs
proposed under this contract.
Trash Generation Rate Calculations
As described above, WSP prepared the initial TGR
maps for the City and adjusted the TGRs based on
the OVTA findings. WSP assumes TGR maps will
be updated based on additional OVTA findings to
further strengthen findings and periodic verification will be needed based on the new MS4 permit requirements. After the adjustments are made, WSP will be prepare the TGR calculations. Our extensive
WSP has assisted the City with preparation of TGR
maps to support the land substitution compliance
strategy and trash load calculations.
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history supporting this task for multiple clients including the City demonstrates there will be no “learning curve” related to this task.
Full Capture System Recommendations and Regional Projects Our staff have assisted with trash capture feasibility studies and review of structural BMPs, including the review of regional BMPs, to assess if they are or could be retrofitted as certified FCS. As an example, we completed a feasibility study on the Chantilly Storm Drain System for the City of Anaheim and continue to assist the City of Irvine with the review of 42 natural treatment system basins. Our team has worked with stakeholders including the cities, OCWD, Irvine Ranch Water District, and Caltrans on FCS projects. As the City moves forward with regional BMPs, our staff can assist FCS certification for additional credit or in the event additional trash needs to be captured. WSP’s team has extensive knowledge of structural BMPs based on our engineering team’s review and team of inspection staff who verify structural treatment controls. Through our experience, we can often provide simple, cost-effective solutions to retrofit BMPs to meet compliance requirements.
Trash Provisions Deliverables
WSP has been assisting southern California municipalities with storm water-related MS4 permit reporting and record keeping since 2003. In this capacity, our Orange County municipal clients have included the cities of Santa Ana, Costa Mesa, Anaheim, Laguna Niguel, and San Juan Capistrano, as well as John Wayne Airport. We understand that a large component of municipal NDPES program implementation revolves around accurate and thorough record keeping, which is the foundation of good reporting.
The Santa Ana MS4 permits require annual reporting on all LIP components, including legal authority, illicit discharge detection and elimination, land development planning, construction management, existing development, and public education. The San Diego MS4 permit requires additional reporting on jurisdictional strategies to address WQIP identified High Priority Water Quality Conditions. Our approach for this task will focus on consideration of reporting and record keeping as part of all NPDES program tasks. We will work closely with City staff to review existing program methods and propose new methods for tracking and reporting, if needed, to better streamline the reporting process.
Over the past three years, Orange County Public Works has been encouraging cities to on-board to OC Storm Water Tools, a new web-based countywide storm water BMP inventory, planning, and water quality model tool. The web-based platform provides a uniform storm water asset management database linked to spatial drainage data and a pollution load reduction model to quantify water quality benefits. The tool is envisioned to encapsulate and eventually fulfil MS4 permit reporting requirements replacing the current cumbersome reporting methods. It is our understanding that the City currently has a backlog of entries to OC Storm Water Tools, which involve making field visits to City-owned and privately-owned storm water treatment devices to verify status and O&M issues, researching existing WQMPs and grading plans, and entering the data into the system. WSP is currently assisting several clients with this process (San Juan Capistrano, Laguna Niguel, and Anaheim) and is familiar with the challenges that on-boarding may present and the software quirks of the still evolving OC Storm Water Tools.
Areas of expected support in Reporting and Record Keeping include:
▶ Manage and update inventories to track inspections of municipal facilities, commercial facilities, industrial facilities, WQMP projects, post-construction BMP maintenance and verification, and construction site inspections
▶ Prepare and submit the City’s Santa Ana MS4 permit quarterly reports for NPDES permit facilities ▶ Acquire, compile, and submit annual report data to Orange County Public Works for use in development of Copermittee unified report
▶ Prepare NPDES MS4 Annual Reports for the Santa Ana and San Diego RWQCBs
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San Diego MS4 Permit Attachment D Form, Fiscal Analysis, cover letter and annual report summary
San Diego MS4 Permit WQIP jurisdictional strategy reporting tables Santa Ana MS4 Permit PEA annual report
▶ Input BMP and WQMP data into the OC Storm Water Tools asset management and modeling tool for future potential use as a compliance reporting platform
6.3.3 Water Quality Management Plans (WQMP) Support
Prepare and Review WQMPs
WSP has teamed with Fuscoe for the preparation and review of WQMPs for the City. Fuscoe has extensive experience with all aspects of the New Development/Redevelopment Program. Fuscoe’s engineering team has provided WQMP reviews for the City of Anaheim and has prepared WQMPs for developers. Fuscoe’s in-depth understanding of the County’s New Development/Re-Development Standards and Technical Guidance Document (TGD) will compliment WSP’s services and provide additional engineering support available to the City.
Hydraulic Calculations, Mapping, Hydraulic Modeling, BMP Design Our team routinely provides engineering services for grading and drainage projects associated with site development and redevelopment, and storm water BMPs (first flush treatment, green infrastructure, etc.), making us well suited for this task. WSP’s engineers have experience with a wide range of civil engineering projects and can collaborate and confer with developers on designs for detention and retention ponds, drainage swales, culverts, underground storm drain systems, hydraulic modifications, and overall site grading considerations for new and redevelopment projects. We are experienced water quality engineers and are familiar with the necessary coordination between grading and drainage design and storm water quality analysis to find the best solution for a project. During the last contract, our engineering services included assisting with hydraulic calculations for a grant support project and lift station design. WSP has also teamed with Fuscoe to support this task for new WQMPs required by the City.
WQMP Compliance with Municipal Permit and Technical Guidance Documents WSP and Fuscoe both have an in-depth understanding of the County’s New Development/Re- Development Standards and TGD.
Professional Engineer (PE) Stamp
WSP and Fuscoe have engineering support services. Documents prepared by the respective firm will be PE stamped as required by the deliverable or at the request of the City.
6.3.4 Storm Water Sampling and Analysis
Personnel, Equipment, and Materials for Sample Collection Storm water sampling requires extensive planning to collect accurate and defensible data and to avoid missed storm events. WSP has substantial resources available, including staff available 24/7, and a weather tracking system that minimizes unnecessary storm event mobilizations and provides a high monitoring success rate. This weather tracking system consists of a dedicated weather tracker used for multiple projects. Storms are tracked daily, and hourly as the storm approaches. Prior to any storm, equipment is checked, field meters are calibrated, labels are prepared, bottles are separated by site for ease of collection, and laboratories are notified. During storm events, our field teams use web-enabled smart phones to display real- time radar and rainfall data and work with the storm water project manager to track the weather during the event.
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Industry Standards, Training, and PPE
WSP has a stringent QA program. To verify that the QA program is conducted uniformly, WSP sampling projects, such as the monitoring project conducted for the City at Morrison Park, have Sampling and Analysis Plans (SAP) and Quality Assurance Project Plans (QAPP). Our staff is trained on sample collection and handling requirements, clean sampling techniques, and sample documentation procedures.
Our staff wear clean, powder-fee nitrile gloves for sample collection and follow the instructions in the SAP/QAPP to collect defensible data and achieve the goals of the sampling project.
Certified Laboratory
Eurofins Environment Testing America (Eurofins) of Tustin will be used as WSP’s contracted analytical laboratory. Eurofins is a global leader in environmental testing and is located close to the City.
Pollutant Load Analysis/Deliverables for Water Quality Samples City monitoring projects may be completed for various reasons. WSP has completed monitoring projects at industrial/commercial for enforcement purposes. In these cases, staff quickly respond to incidents and samples are collected based on anticipated pollutants. Deliverables may include a summary of the sampling program, chain-of-custody, and laboratory report. These files may be used for future enforcement cases. In most cases, City monitoring projects are completed for BMP improvement projects to document pollutant load reductions. These projects have an SAP that identifies the goals of the monitoring program and defines how the monitoring data will be used. WSP can assist with all aspects of these projects, including calculating the pollutant load reductions, preparing the reports, and documenting BMP performance or any grant requirements.
6.3.5 Future Municipal NPDES Permit(s) Support
Future NPDES Permit Review
Our staff routinely provides comments on future regulations on behalf of our clients, such as the MS4 permit, CGP, and IGP. Our staff recently provided comments on the Staff Working Proposal to the County.
Comments were compiled and submitted to the Tri County Group for the Regional Phase I MS4 Permit.
Our staff can assist the City with providing similar review or advise the City on potential permit interpretations and impacts to the City based on our permit reviews.
Program Transition and Modifications
We have assisted cities with program development at the infancy of many of the MS4 permit programs.
Our staff is currently working on program development for the trash provisions program as an example.
Because of our extensive 19-year history helping the City, we are uniquely qualified to assist the City with any program transitions and can quickly prepare training programs or implement program modifications to meet the new MS4 permit requirements.
Plan Modification including LIP and DAMP
WSP has extensive experience updating City LIPs for several Orange County cities. Our in-depth knowledge of the County’s MS4 permit, along with our understanding of the City’s departmental structure and responsibilities provide the experience and insight necessary to perform an effective and efficient update of the City’s LIP. WSP also started the update process for several sections of the LIP, but reallocated efforts to assist the City with other compliance tasks, including the trash provisions, TMDL support, and project management. WSP can complete the LIP update task upon City approval.
6.3.6 TMDL Support
WSP is routinely involved with several stakeholder-led groups to further the science of TMDL development in southern California receiving waters. We have worked on TMDLs for a variety of pollutants, including metals, bacteria, nutrients, salts, sediment, dissolved oxygen, pesticides, and pathogens. Our experience
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Scope of Services and Schedule
City of Santa Ana | Industrial/Commercial Inspection and NPDES Program Support Services | RFP No. 23-028 Page | 30
encompasses numerous aspects of TMDL implementation, including watershed planning, special studies, and coordination with stakeholders involved in third-party TMDL development. We have experience with a variety of TMDL approaches, including development of water effect ratios and load modeling for metals TMDL; source assessment studies; and land use runoff monitoring projects to support long-term modeling of pollutant loading. Under the last contract period, WSP developed recommendations on strategies for the City to implement for the Newport Bay TMDL program. With the work performed and expertise on the TMDL compliance issues, WSP provides extensive resources available to the City to meet the City’s long- term goals of having more control over the programmatic direction of the TMDL programs.
6.3.7 Watershed Management Plans (WMP) Support
Technical Knowledge
The WSP team has extensive experience preparing and implementing Water Quality Improvement Plans (WQIP) or WMPs. WSP is currently assisting north Orange County cities with BMP data entry within the web-based BMP asset and modeling tool, OC Storm Water Tools. In fact, OC Storm Water Tools will be a key component of the WMP compliance strategy for Newport Bay. We have been involved since initial development of the South Orange County WQIP in 2015 and currently assist several south Orange County cities with providing comments on WQIP documents, completing WQIP jurisdictional strategy table updates, and updating OC Storm Water Tools. We have also helped the South Orange County Copermittees with TMDL Comprehensive Load Reduction Plans and provided comments on the draft Time Schedule Order. The WSP team also has prepared and implemented several WQIPs within the San Diego’s watersheds.
Reasonable Assurance Analysis
Reasonable assurance analysis (RAA) provides the demonstration that the implementation of control measures will, in combination with operation of existing or proposed of control measures, in combination with operation or proposed storm drain system infrastructure and management programs, result in sufficient pollutant reductions over time to meet TMDL wasteload allocations, water quality based effluent limits, or other water quality targets specified in the MS4 permit. RAAs may also assist stakeholders or City with budgetary impacts to meet pollutant reductions. As stated above, OC Storm Water Tools is anticipated to be a key component of the WMP compliance strategy as a BMP inventory, planning, and water quality modeling tool. The web-based platform provides a uniform storm water asset management database linked to spatial drainage data and a pollution load reduction model to quantify water quality benefits. The tool is envisioned to encapsulate and eventually fulfill MS4 permit reporting requirements replacing past reporting methods. WSP has assisted several cities by updating information in the OC Storm Water Tools that will be used to demonstrate load reductions. WSP’s team can assist with the preparation of RAA, assess pollutant reductions associated with new BMP projects, and/or review the RAA completed by the County.
WMP Compliance
WSP can support the City in many areas, such as:
▶ Preparing City comments on Orange County Storm Water Program-developed planning documents and materials
▶ Preparing City comments on RWQCB-issued orders
▶ Participating in WMP program planning and implementation on behalf of the City ▶ Managing implementation of the WMP, including City-specific jurisdictional strategies, such as an MS4 outfall dry weather flow reduction
▶ Participating in Newport Bay watershed TMDLs implementation efforts and compliance assessment
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Scope of Services and Schedule
City of Santa Ana | Industrial/Commercial Inspection and NPDES Program Support Services | RFP No. 23-028 Page | 31
6.3.8 Construction General Permit Support
Preparation of CGP Documents and QSDs/QSPs
WSP has extensive experience providing as-needed storm water quality support for CIPs. WSP’s team of QSDs routinely review and prepare construction compliance documents, such as SWPPPs, ESCPs, and WPCPs. Our QSPs assist with the implementation of the SWPPP. Under the last contract with the City, our staff assisted the City with SWPPP preparation in advance of contractor selection due to grant requirements. Our team has also provided backup monitoring support when a contractor failed to implement their SWPPP. Our staff can support all aspects of the CGP, including preparation of inspection reports, rain event action plans, Annual Reports, Notices of Intent, Notice of Termination, Ad Hoc Reports, and Numeric Action Level Exceedance Reports.
6.3.9 Compliance with Other NPDES Permits
WSP has extensive knowledge of other NPDES permits and development requirements in the City. We are available as an extension of the City staff to answer questions, review permit information, or assist with the implementation of these other types of NPDES permits. WSP routinely provides guidance on other NPDES permits, including individual permits, discharges from utility vaults and underground structures, drinking water system discharges, and de minimis discharge permits. WSP also assists dischargers with investigation orders, such as per- and polyfluoroalkyl substance investigations.
6.4 Schedule
The table (below) lays out the proposed schedule for this contract.
Table 5: Task-Specific Schedules
Tasks/Anticipated Approach Start
Date
End
Date
Business
Days
Available
Personnel Involved (Notes)
Inventory update 1-Sep 15-Sep 10 Brent Smith
Kick-off Meeting 1-Oct 1-Oct --1 City representatives & WSP team Update announcement
letters 1-Oct 1-Oct -- Mike Lowther & WSP
administrative staff
Send announcement letters
in batches 1-Oct 15-Apr 141
Mike Lowther & WSP
administrative staff (Letters will be
sent in batches between the period
specified)
Inspections/re-inspections
are performed (assumes
1,020 inspections/year)
15-Oct 30-Jun 185
NPDES inspectors (2-3 inspectors
typically complete inspections with
two backup inspectors available.
We have sufficient staff to complete
the six per day required)
Enforcement
discussions/phone calls 1-Oct 30-Jun 195 NPDES inspector involved, Mike Lowther and/or Brent Smith
Senior review of forms 1-Oct 30-Jun --
Brent Smith & Mike Lowther
(Forms are reviewed within five
business days)
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Scope of Services and Schedule
City of Santa Ana | Industrial/Commercial Inspection and NPDES Program Support Services | RFP No. 23-028 Page | 32
Tasks/Anticipated Approach Start
Date
End
Date
Business
Days
Available
Personnel Involved (Notes)
Mail completed inspection
forms 1-Oct 30-Jun --
WSP administrative staff, Mike
Lowther (Approved forms are
mailed within two weeks of
inspection. Forms are mailed
earlier if a follow-up inspection is
required)
Prepare/submit draft
quarterly report to City
1-Oct
1-Jan
1-Apr
1-July
6-Jan
4-Apr
6-July
3-Oct
--
Brent Smith & Mike Lowther
(assumes deliverable is provided
three to four days before due date
to allow City to review)
Update commercial
inventory
6-Jan
4-Apr
6-July
3-Oct
6-Jan
4-Apr
6-July
3-Oct
--
Brent Smith (This task does not re-
prioritize the inventory or officially
add businesses to the inventory for
compliance reasons)
Prepare PEA Draft County
Excel tables and Chapter 9
Report
1-July 31-Aug --
Brent Smith & Mike Lowther (draft
submittal will be completed well
before the deadline; task performed
around July or August)
Prepare PEA Final Report
(Chapter 9) 15-Sep 15-Sep -- Mike Lowther
As-needed Task TBD -- -- Based on task assigned
Note: 1 = Not Applicable
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EX
HIBIT C
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April 6, 2023
23PROPGOVT.103
City of Santa Ana
Public Works Agency
20 Civic Center Plaza (M-22)
Santa Ana, California 92701
Attention: Mr. Craig Foster, EIT, CPSWQ, QSD/P
NPDES Manager
Re: Cost Proposal for Industrial/Commercial Inspection and NPDES Program Support Services RFP No. 23-028
Dear Mr. Foster:
WSP USA Environment & Infrastructure Inc.’s (WSP) cost proposal is attached. Please find the requested Attachment 1, under separate cover from the proposal, submitted by WSP. WSP’s Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and Project Fee Schedule as outlined in the Scope of Services is included.
Brent Smith, IGP ToR, CPESC, QSD/P, our proposed project manager, is our official WSP contact for this effort. He can be reached via email at [email protected] or via phone at 714-925-4498.
Please let us know if you have any questions.
Sincerely,
Brent Smith, IGP, ToR, CPESC, QSD/P
Senior Associate Scientist
[email protected]
3560 Hyland Avenue
Suite 100
Costa Mesa, CA 92626
+1 (949) 642-0245
wsp.com
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Attachment 1 - 5
ATTACHMENT 1
Table 1
Year1
High
Priority
Industrial
Medium
Priority
Industrial
Low
Priority
Industrial
High
Priority
Commercial
Medium
Priority
Commercial
Low
Priority
Commercial
Re-
Inspections2
Total
2023-24 125 110 165 130 155 165 170 1,020
Fiscal Year 2023-24 Subtask Total
1.0 Task No. 1 – Industrial and Commercial Facility Inspections $175,910.00
Personnel/Labor Classifications required for this Subtask:
Staff 1 Scientist/Engineer 305 hours @ $120.00 = $36,600 Staff 2 Scientist/Engineer 305 hours @ $130.00 = $39,650 Staff 3 Scientist/Engineer 305 hours @ $140.00 = $42,700 Associate Scientist/Engineer 165 hours @ $210.00 = $34,650 Project Assistant 100 hours @ $95.00 = $9,500
Senior Associate Scientist 40 hours @ $230.00 = $9,200 Postage (Postage Rate) 1,650 letters @ $0.60 = $990
Mileage (IRS Rate)
4,000 Miles @ $0.655 = $2,620
2.0 Task No. 2 – Database Management $32,420.00
Personnel/Labor Classifications required for this Subtask:
Staff 3 Scientist/Engineer 16 hours @ $140.00 = $2,240
Senior Project Controller 12 hours @ $150.00 = $1,800
Associate Scientist/Engineer 64 hours @ $210.00 = $13,440 Senior Associate Scientist 60 hours @ $230.00 = $13,800 Project Assistant 100 hours @ $90.00 = $9,000
3.0 Task No. 3 – As-Needed NPDES Program Support3
TBD3
Personnel/Labor Classifications required for this task (including hourly rates and hours):
Budget for this Task to be determined by the City and will be consider a contingency to the agreement. Hourly rates will be based on the rate sheets provided. Hours to be determined based on review of the scope requir ed.
Total Cost for Fiscal Year 2023/24 $208,330.00
1. Inspection numbers estimated using FY 2021-22 inspection data. Future revisions to the Industrial/Commercial Facility Database (based upon business license data and field conditions) could change inspection quantities. Adoption of the fifth term Municipal NPDES permit could also change inspection quantities.
2. Assumes 20% of the inspections require follow-up for BMP deficiencies or non-compliance.
3. Budget for this Task to be determined by the City and will be considered a contingency to the Agreement.
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Attachment 1 - 6
ATTACHMENT 1
Table 2
Year1
High
Priority
Industrial
Medium
Priority
Industrial
Low
Priority
Industrial
High
Priority
Commercial
Medium
Priority
Commercial
Low
Priority
Commercial
Re-
Inspections2
Total
2024-25 125 110 165 130 155 165 170 1,020
Fiscal Year 2024-25 Subtask Total
1.0 Task No. 1 – Industrial and Commercial Facility Inspections $175,910.00
Personnel/Labor Classifications required for this Subtask:
Staff 1 Scientist/Engineer 305 hours @ $120.00 = $36,600 Staff 2 Scientist/Engineer 305 hours @ $130.00 = $39,650 Staff 3 Scientist/Engineer 305 hours @ $140.00 = $42,700 Associate Scientist/Engineer 165 hours @ $210.00 = $34,650 Project Assistant 100 hours @ $95.00 = $9,500
Senior Associate Scientist 40 hours @ $230.00 = $9,200 Postage (Postage Rate) 1,650 letters @ $0.60 = $990
Mileage (IRS Rate)
4,000 Miles @ $0.655 = $2,620
2.0 Task No. 2 – Database Management $32,420.00
Personnel/Labor Classifications required for this Subtask:
Staff 3 Scientist/Engineer 16 hours @ $140.00 = $2,240
Senior Project Controller 12 hours @ $150.00 = $1,800
Associate Scientist/Engineer 64 hours @ $210.00 = $13,440 Senior Associate Scientist 60 hours @ $230.00 = $13,800 Project Assistant 100 hours @ $90.00 = $9,000
3.0 Task No. 3 – As-Needed NPDES Program Support3
TBD3
Personnel/Labor Classifications required for this Subtask:
Budget for this Task to be determined by the City and will be consider a contingency to the agreement. Hourly rates will be based on the rate sheets provided. Hours to be determined based on review of the scope required.
Total Cost for Fiscal Year 2024-25 $208,330.00
1. Inspection numbers estimated using FY 2021-22 inspection data. Future revisions to the Industrial/Commercial Facility Database (based upon business license data and field conditions) could change inspection quantities. Adoption of the fifth term Municipal NPDES permit could also change inspection quantities.
2. Assumes 20% of the inspections require follow-up for BMP deficiencies or non-compliance.
3. Budget for this Task to be determined by the City and will be considered a contingency to the Agreement.
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Attachment 1 - 7
ATTACHMENT 1
Table 3
Year1
High
Priority
Industrial
Medium
Priority
Industrial
Low
Priority
Industrial
High
Priority
Commercial
Medium
Priority
Commercial
Low
Priority
Commercial
Re-
Inspections2
Total
2025-26 125 110 165 130 155 165 170 1,020
Year 2025/2026 Task Total
1.0 Task No. 1 – Industrial and Commercial Facility Inspections $175,910.00 Personnel/Labor Classifications required for this Subtask:
Staff 1 Scientist/Engineer 305 hours @ $120.00 = $36,600 Staff 2 Scientist/Engineer 305 hours @ $130.00 = $39,650 Staff 3 Scientist/Engineer 305 hours @ $140.00 = $42,700 Associate Scientist/Engineer 165 hours @ $210.00 = $34,650 Project Assistant 100 hours @ $95.00 = $9,500
Senior Associate Scientist 40 hours @ $230.00 = $9,200 Postage (Postage Rate) 1,650 letters @ $0.60 = $990
Mileage (IRS Rate)
4,000 Miles @ $0.655 = $2,620
2.0 Task No. 2 – Database Management $32,420.00
Personnel/Labor Classifications required for this Subtask:
Staff 3 Scientist/Engineer 16 hours @ $140.00 = $2,240
Senior Project Controller 12 hours @ $150.00 = $1,800
Associate Scientist/Engineer 64 hours @ $210.00 = $13,440 Senior Associate Scientist 60 hours @ $230.00 = $13,800 Project Assistant 100 hours @ $90.00 = $9,000
3.0 Task No. 3 – Additional Program Assistance as Requested TBD3
Personnel/Labor Classifications required for this Subtask:
Budget for this Task to be determined by the City and will be consider a contingency to the agreement. Hourly rates will be based on the rate sheets provided. Hours to be determined based on review of the scope required.
Total Cost for Fiscal Year 2025-26 $208,330.00
1. Inspection numbers estimated using FY 2021-22 inspection data. Future revisions to the Industrial/Commercial Facility Database (based upon business license data and field conditions) could change inspection quantities. Adoption of the fifth term Municipal NPDES permit could also change inspection quantities.
2. Assumes 20% of the inspections require follow-up for BMP deficiencies or non-compliance.
3. Budget for this Task to be determined by the City and will be considered a contingency to the Agreement.
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Attachment 1
Attachment 1 - 8
TABLE 4
PART I – LIST OF KEY PERSONNEL
*Resumes for key personnel are included in Consultant proposal. Resumes for other WSP team members including subconsultants to be provided on request.
Names Functions
Nathan Schaedler • Principal in Charge
Brent A. Smith • Project manager/principal contact for the City • Technical Lead for Construction General
Permit Support, Training, Future MS4 Permit
Support
Michael Lowther • Assistant project manager
• Technical Lead for Inspection Tasks including
Industrial/Commercial Inspections, WQMP
Inspections, Municipal, FSE, IDIC; Source
Investigations; and Storm Water Sampling and
Analysis
Ted Von Bitner • Technical Lead for Watershed Management Plans and TMDL Support
Kacen Clapper • Technical Lead for Statewide Trash Provisions Support
Marty Spongberg • Technical Lead for WQMP Support
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Attachment 1
Attachment 1 - 9
TABLE 5
PART II – LIST OF SUBCONSULTANT
Sub-Consultant Name / Address Functions
Fuscoe Engineering
15535 Sand Canyon, Suite 100
Irvine, CA 92618
Preparation of WQMPs,
engineering support
Eurofins Built Environment Testing
2841 Dow Avenue, Suite 300
Tustin, CA 92780
Analytical Laboratory in the event sampling is
required.
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Attachment 1
TABLE 6
PRICE SUMMARY SHEET
SCHEDULE I – HOURLY RATES
Name Job Title/
Classification
Job Function Fully
Burdened
Nathan Schaedler Principal Engineer Principal in Charge $260 Brent A. Smith Senior Associate Scientist Project Manager $230 Ted Von Bitner Senior Associate Scientist As-needed program assistance
$230
Michael Lowther Associate Scientist Industrial/Commercial Inspections and as-needed
program assistance
(inspection tasks)
$210
Kacen Clapper Senior 2 Scientist As-needed program
assistance (Trash Provisions)
$180
Marty Spongberg Principal Engineer As-needed program
assistance (WQMP Support)
$260
Ellen Smith Staff 3 Scientist NPDES Compliance Inspector $140 Kim Henry Staff 3 Scientist NPDES Compliance Inspector $140 Katelynn Webb Staff 3 Scientist As-needed program
assistance (Trash Provisions)
$140
Dylan Cawthorne Staff 3 Engineer As-needed program
assistance (Trash Provisions &
WQMP Support)
$140
Bryan Shiang Staff 2 Scientist NPDES Compliance Inspector $130 Technician Technician As needed program
assistance (Sampling)
$100
Administrative Staff Project Assistant Project Assistant $90 * Fully Burdened rate includes all overhead, general costs, administration costs, and profit.
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Attachment 1
TABLE 7
PRICE SUMMARY SHEET
DIRECT EXPENSES1
Direct Expenses Costs Job Function
Vehicle Charges $50/day Industrial/Commercial Inspections and As-needed site inspections
Vehicle Mileage IRS Rate Industrial/Commercial Inspections and As-needed site inspections
Postage Cost + 10% Markup Inspection reports
Subconsultant Markup Cost + 10% Markup As-needed
Other Direct Expenses Cost + 10% Markup Other expenses in support of project activities
* Direct expenses are expenses necessary to complete the Tasks outlined in the Scope of Work, such as vehicle mileage, subconsultant markup, equipment rental, etc. Subconsultants markup shall not exceed 10%.
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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
August 1, 2023
TOPIC: Award Agreement to Conduct Cost of Service Study
AGENDA TITLE
Approve Agreement with Stearns, Conrad & Schmidt, Consulting Engineers, Inc. to Conduct a Cost of Service Study for the Sanitation Services User Charge, in an Amount Not to Exceed $82,875 (Specification No. 23-029) (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a consultant agreement with Stearns, Conrad & Schmidt, Consulting Engineers, Inc. to conduct a cost of service study in an amount not to exceed $82,875, including a contingency of $16,575, for a three-year term beginning on August 1, 2023 and expiring July 31, 2026, with provision for one, two-year extension, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Public Works Agency maintains 400 miles of public right-of-way and provides maintenance services that include roadway maintenance, tree services, roadway cleaning, and sanitation services. Roadway cleaning and sanitation related services are funded through the Sanitation Services Users Charge (Sanitation Fee) and is collected on a bi-monthly basis along with other charges in the City’s municipal utility services bill.
The Sanitation Fee was established in 1991 by Ordinance NS-2129 and provides street cleaning services and environmental sanitation services that include street sweeping, street cleaning, removal of illegal deposits such as trash and bulky items, weed abatement, and inspections in the City’s right-of-way. Over 35,000 public roadway cleaning and sanitation service requests are completed, and over 50,000 miles of streets are swept annually. As a best practice, the City periodically reviews enterprise operations; the last comprehensive evaluation of the Sanitation Fee was performed in 2019.
At that time, the Tree Services Program expenses were transferred from the Sanitation Fee program to the General Fund. Correspondingly, the monthly Sanitation Fee was reduced from $6.47 monthly to $5.35 monthly (Resolution 2019-039). Due to increases in cost due to inflation, contractual increases, increasing prevailing wage requirements, and the need to keep pace with the increased demand in public service levels, it is
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Award Agreement to SCS Engineers
August 1, 2023
3 6
1 3
necessary to perform a cost-of-service study to ensure the sustainability and improvement of the Sanitation Fee funded programs and long term financial stability.
The Public Works Agency issued Request for Proposals (RFP) No. 23-029 on March 1, 2023, inviting qualified consulting firms with relevant experience to submit their proposals to the City. The RFP was advertised on PlanetBids, the City’s online bid and management publication system. A summary of the RFP and proposals received is as follows:
211 Vendors notified
7 Santa Ana Vendors notified
16 Vendors Downloaded RFP Packet
2 Proposals Received
0 Proposals Received from Santa Ana Vendors
Two proposals were received by the RFP deadline on March 20, 2023, and both were deemed to be responsive. The selection committee with experience in the financial and related program services evaluated both proposals. The recommended firm will perform a cost of service study for the City, involving an evaluation of Sanitation Fee programs, financial statements, reserve policies, establishing a cost recovery plan, financing, compliance with California Proposition 218 requirements, and developing a rate plan for the next five years. The goal of the study is to provide the City with an affordable and equitable rate that supports quality service delivery objectives, and ensures continued services for years to come. Based on criteria outlined in the RFP, the following summarizes the responding firms and their rankings:
Firm City Rank
Stearns, Conrad & Schmidt, Consulting
Engineers, Inc.
Pleasanton, CA
1 MGT Consulting Sacramento, CA 2
Staff recommends awarding an agreement to the highest-ranked firm, Stearns, Conrad & Schmidt, Consulting Engineers, Inc. (SCS Engineers, Inc.), to conduct the cost of service study (Exhibit 1). Their proposal demonstrated the firm has the necessary capacity and expertise to complete the required services as specified in the RFP.
Additionally, the firm’s rates are reasonable and within industry standard, the project team qualifications are relevant and appropriate, and the proposal was determined to provide the best overall value for the City.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
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Award Agreement to SCS Engineers
August 1, 2023
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FISCAL IMPACT
Funding is available in the FY 23-24 budget and funding for subsequent fiscal years and optional renewal term, if exercised, will be included in the proposed budgets for City Council consideration. The following is an estimate of expenditures by fiscal year for the initial three-year term:
Fiscal Year
Accounting
Unit -
Account #
Fund
Description Accounting Unit,
Account Description Amount
2023-24 06817641-
62300
Sanitation
Fund
Public Works-Roadway
Cleaning, Contract
Services-Professional
$53,225
2024-25 06817641-
62300
Sanitation
Fund
Public Works-Roadway
Cleaning, Contract
Services-Professional
$8,025
2025-26
(August – May)
06817641-
62300
Sanitation
Fund
Public Works-Roadway
Cleaning, Contract
Services-Professional
$21,625
Total: $82,875
EXHIBIT(S)
1. Agreement with SCS Engineers, Inc.
2. Request for Proposal – Cost of Service Study
3. SCS Engineers, Inc. Proposal Response
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
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1 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND STEARNS, CONRAD & SCHMIDT, CONSULTING ENGINEERS, INC. FOR A COST-
OF-SERVICE STUDY FOR THE SANITATION SERVICES USERS CHARGE THIS AGREEMENT is made and entered into on this 1st day of August, 2023 by and between Stearns, Conrad & Schmidt, Consulting Engineers, Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. Th
e City desires to retain a Consultant having special skill and knowledge in conducting a cost of service study for the Sanitation Services User Charge (“Sanitation Fee”) B. Co
nsultant represents that Consultant is able and willing to provide such services to the City.
C. In
undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NO
W 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. SCO
PE OF SERVICES
Co
nsultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference.
2. COM
PENSATION
a. Ci
ty agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B and incorporated herein by this reference. The total amount to be expended during the term of this Agreement shall not exceed $82,875, which includes a contingency amount of $16, 575. b. Pa
yment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
EXHIBIT 1
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2 3. TERM
This Agreement shall commence on the date first written above for a three (3) year term with the
option for the City to grant up to one (1) two (2)-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEP
ENDENT CONTRACTOR
Cons
ultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in whi ch Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWN
ERSHIP OF MATERIALS
All
drawings, specifications, repor ts, notes and data developed pursuant to this Agreement are instruments of service, and as such the original documents and data are and remain the property of Consultant. Consultant grants a non- exclusive, perpetual license to use the deliverables (Documents & Data), identified in Exhibit A, to the City, as well as permission to sublicense the Documents & Data to others solely for the purpose of performing obligations related to this Agreement. Consultant shall require all subcontractors to agree in writing that Documents & Data prepared pursuant to this Agreement in their subcontracting agreements grant a non -exclusive, perpetual license to use its deliverables, as well as sublicense such Documents & Data to the City as well as others, solely for the purpose of performing obligations pertaining to or related to this Agreement. Consultant agrees that it has the legal right to license Documents & Data. Consultant makes no representation that it has any legal right to license nor has any obligation as to the accuracy or content of documents or data provided to Consultant by the City.
6. INSURANCE
Cons
ultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
• Com
mercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including property damage, bodily injury and personal &
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3 advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
• Automobile Liability : ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
• 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.
• Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to 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.
Other Insurance Provisions
The general liability policy is to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.
2. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents, and volunteers.
3. T he Insurance Company agrees to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Consultant for the City. This provision also applies to the Consultant’s Workers’ Compensation policy.
4. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
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4 Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time.
Special Events Coverage for Contractors
Special events coverage is available for an additional fee to provide the liability insurance required by this agreement. Consultant can obtain additional information and cost from the City.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors.
Special or Low Risk Activities
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. The City reserves the right to modify or waive insurance requirements for certain low risk recreational activities.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and repr esentatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement . 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 p ay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States'
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5 letters patent, trademark, or copyright infringement, including costs, contained in the Documents & Data provided by Consultant to the City pursuant to his Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
Consultant shall not disclose, or permit disclosure of any information designated by the City as confidential, except to its employees and other consultants who need such information in order to properly execute the services of this Agreement. This provision shall not apply to information which: (1) has been published and is in the public domain, (2) has been provided to Consultant by third parties who have the legal right to possess and disclose the information, (3) was in the possession of Consultant prior to the disclosure of such information to Consultant by the City, (4) is required by law or any governmental agency to be disclosed, or (5) would require disclosure to comply with the ethical obligations of Consultant to protect the public.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
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6 13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case have a perpetual license to use the Documents & Data consistent with Section 5 of this Agreement.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breac h, 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.
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7 17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, mainta in 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.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
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8 To Contractor:
Vita Quinn
MBA Director of Management Services
Stearns, Conrad & Schmidt, Consulting Engineers, Inc.
4683 Chabot Drive, Suite 200
Pleasanton, CA 94588
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 b e 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.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemni fy 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.
[Space left intentionally blank]
[Signatures on the following page]
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9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Jose Montoya
Assistant City Attorney (title)
Ta x ID#
RECOMMENDED FOR APPROVAL:
Nabil Saba, P.E.
Executive Director
Public Works Agency
Vita Quinn
MBA Director of Management Services
Carlo Lebron
Senior Vice President
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EXHIBIT A
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CITY OF SANTA ANA
COST OF SERVICE STUDY 18
Contractor shall perform services as set forth below.
I. SCOPE OF SERVICE:
The City of Santa Ana is a full-service city with a population of over 335,000, encompassing 27 square miles. Santa Ana is the second largest city in Orange County, the eleventh largest in the state, and the 57th largest in the nation. Incorporated in 1886, Santa Ana has long been the County's government powerbase and serves as the County seat. With a total budget of $760.2 million, Santa Ana provides public safety, quality-of-life programming, and general & utility services to its residents and business community. The Sanitation Services Users Charge (Santation Fee/Sanitation Enterprise) as defined in the Santa Ana Municipal Code Chapter 18 Article XII is 1% of the total budget providing two services:
Environmental Sanitation/Weed Abatement and Roadway Cleaning/Street Sweeping. Sanitation services are provided through a combination of city employees and private contractors. The approved Sanitation Enterprise budget for Fiscal Year 2022-23 is $7.6 million.
The City maintains 400 miles of public right-of-way by removing hazardous material, vegetation, industrial emissions, and litter. The Sanitation Enterprise support efforts to help ensure an equitable approach to cleaning debris and pollutants along curbed streets, helping prevent contamination of local waters and damaging aquatic life and marine ecosystems.
II. DESCRIPTION OF WORK:
Consultant shall prepare a cost of service study and make recommendations for implementing a rate in compliance with California Proposition 218 requirements (anticipated implementation date January 2024). The goals of the study are to:
A. Propose sanitation rates in accordance with California Constitution (Prop 218), and all applicable laws, that are fair, objective and fiscally appropriate for Santa Ana, covering a ten (10) year study period, including, but not limited to:
1. Ongoing operations and service enhancements;
2. A prudent reserve program for operating;
3. Capital replacement and emergencies; and
4. Identification ofcustomer life-line programs.
B. Evaluate existing department operations and budgets, identify the current level of service, and estimate the future level of service.
C. Evaluate existing department operations and budgets with non-prevailing wage contractor (street sweeping contract) requirement(s) and ident ify minimum service levels that will be feasible given the recent enactment of prevailing wage (street sweeping contract).
D. Minimize rate impacts to customers to the greatest extent possible.
E. Identify existing and potential funding mechanisms to finance department operations and capital Improvements.
EXHIBIT I
SCOPE OF SERVICES
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CITY OF SANTA ANA
COST OF SERVICE STUDY 19
Key issues that will impact the overall study are:
1. Continuous increase in cost due to current economic climate.
2. Santa Ana's historic effort to tackle the housing crisis is seeing an influx of redevelopment projects, increasing the City's footprint.
III. CONTRACTOR REQUIREMENTS & RESPONSIBILITIES
I. TASK 1 - SANITATION PROGRAM EVALUATION
A. GENERAL
The City sweeps approximately 54,000 curb miles; responds to over 15,000 service requests for roadway cleaning annually, 2,000 environmental sanitation/weed abatement violations, and more than 1,600 reports to obstructions in the public right-of-way.
B. CONTENT/TASKS
1. Consultant shall review and become familiar with the operation and all pertinent historical performance and financial data. Consultant shall review the following at minimum:
a. Surrounding municipalities to establish service level; b. Current and recent budgets and Annual Compre hensice Financial Report (ACFR); c. Background information for the operation including existing regulatory requirements, and other contractual requirements and operations; d. Historical revenues, operating expenses, reserve policies (i.e., working capital and renewal and replacement), approved rates and charges, customer information and number of units; and
e. Review other pertinent data as necessary.
2. Consultant shall prepare an “Existing Cost of Service Summary” technical memorandum or executive summary of the existing financial condition of the sanitation enterprises. This summary shall identify:
a. The cost of service gaps or discrepancies between the existing rate structure(s); b. The projected maintenance, operations and capital spending plans; and c. The effects of current financial/economic climate.
This summary will also identify the strategy the consultant intends to use to close any cost of service gaps identified.
C. DELIVERABLES
1. Existing Cost of Service Summary
a. Digital Copy (PDF)
b. Printed Copies (5)
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CITY OF SANTA ANA
COST OF SERVICE STUDY 20
II. TASK 2 - COST OF SERVICE RATE MODEL & SCENARIO DEVELOPMENT
A. GENERAL
As part of the work required in preparing a comprehensive cost of service and rate study report, the Consultant may develop various forecasting models, projections, and rate adjustment scenarios for the City’s considerat ion. The cost of service rate model and scenario covers, but is not limited to, all expenses related to Sanitation Services, including Environmental Sanitation, Weed Abatement, Roadway Cleaning, Street Sweeping, and any other costs identified during the process.
B. CONTENT/TASKS
Consultant shall perform the following tasks:
1. Classify functional expenses to cost components: capacity (demand) costs (e.g., Environmental Sanitation, Weed Abatement, Roadway Cleaning, Street Sweeping), commodity costs - related to Sanitation Services, customer costs and other direct costs;
2. Classify operating, administrative, operations and maintenance (O&M) expenses, collection/disposal cost, and reserve fund requirements;
3. For each rate scenario, assess the sensit ivity of the projected results to changes in certain key variables, including but not limited to, changes in units changes and changes in the cost of the operation.
4. Propose changes to existing or creation of new sanitation fees and surcharges, as are necessary and/or expedient to achieving the goals of the study.
5. The rate design shall continue to support current service level for all customer classes, provide funding for capital replacement while ensuring the ability of the sanitation enterprises to meet fixed and variable cost obligations.
C. DELIVERABLES
There are no deliverables for this section. Consultant shall meet and confer with City in regards to the cost of service rate model development and various scenarios prior to preparing report.
III. TASK 3 - COST OF SERVICE REPORT
A. GENERAL
Consultant shall prepare comprehensive cost of service reports which satisfies the City’s stated goals in Section II, “Description of Work” above.
At a minimum the reports shall be comprised of the following:
1. Executive Summary
2. Introduction/Background including discussions on
a. Purpose of study
b. Applicable laws and regulatory framework
c. Generally accepted rate setting st andards
3. Revenue Requirements
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CITY OF SANTA ANA
COST OF SERVICE STUDY 21
4. Cost allocation meth odology
5. Recommendations
6. California Proposition 218 Compliant Notices
a. Prepare rate adjustment notices compliant with Proposition 218 requirements. Notices will be prepared in three languages, English, Spanish and Vietnamese. Notices to be delivered electronically as Microsoft Word document.
b. Pass-through adjustment formula and means of establishing pass through adjustments shall be explicitly stated.
B. CONTENT/TASKS
Perform a fully allocated sanitation rate study tailored for Santa Ana, including the following:
1. A rate structure based on cost of service sufficient to meet the revenue requirements of the sanitation enterprise;
2. Classify functional expenses to cost components: capacity (demand) costs (e.g., Environmental Sanitation, Weed Abatement, Roadway Cleaning, Street Sweeping), commodity costs - related to Sanitation Services, customer costs and other direct costs;
3. Classify operating, administrative, operations and maintenance (O&M) expenses, collection/disposal cost, and reserve fund requirements;
4. A rate structure that considers and makes provisions for the following factors:
a. Current and future cost of providing sanitation services in accordance with established and anticipated standards and regulations. b. A recommended sanitation rate structure that is in compliance with Proposition 218;
5. Provide a comparison of current sanitation rates to comparable surrounding sanitation program;
6. The type and amount of reserves appropriate to the City’s sanitation operations taking into consideration reserves for cash flow, catastrophes, infrastructure replacement (proprietary assets) and other appropriate purposes;
7. A comparison of customer groups and cost of service with neighboring municipalities of comparable size, type of treatment, and level of service;
8. A review and analysis of current rate and fee structures. Consultant should recommend changes if appropriate; and
9. Consultant shall assess the recommended rate structures and their impacts on the ability to fund sanitation operations as well as their impact on the City’s rate payers;
10. A review of elderly low-income and sanitation rate programs provided by other agencies and propose appropriate elderly low-income sanitation rate for Santa Ana;
11. The benefits of any proposed rate modifications shall be weighed against the financial impacts on the ratepayers. Consultant shall analyze the proposed rates for customer impacts and develop alternative rates modeled to address financial impacts on ratepayers. The analysis shall include:
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COST OF SERVICE STUDY 22
a. Preparation of typical bill comparisons for each proposed rate structure for representative customer classes using the current rate schedules as a baseline.
b. Compare customer class and proposed rate structures with neighboring agencies of comparable service area.
C. DELIVERABLES
Consultant shall deliver at a minimum the following:
1. Final Cost of Service Reports
a. Digital Copy (PDF)
b. Printed and Bound Copies (15) of each
2. Proposition 218 Compliant Notice
a. Digital Copy (PDF and MS Word)
3. Pass-through adjustment calculator
a. Digital Copy (MS Excel or similar)
Consultant shall meet with the City to discuss the report’s outcome and explain in detail the full parameters and outcomes discussed in the report. In addition, the Consultant shall meet with the City to review a draft copy of the report before submitting the final report.
IV. PUBLIC MEETINGS & PRESENTATIONS
Consultant shall participate, as requested by City, at both staff and public meetings. Consultant shall expect to make presentations regarding the results of the cost of service study to City executive staff, Mayor and Council and the general public. For purposes of this RFP, Consultant shall be required to attend a minimum six (6) meetings in the range of two (2) – four (4) hours in length in person.
V. KICKOFF MEETING
Consultant shall attend one (1) contract kick-off meeting at the City’s Corporate Yard located at 215 S. Center St., Santa Ana, CA 92703 at which City staff will share contact information, safety and security protocols, and familiarize the Consultant with the City’s sites and equipment.
VI. PROJECT MANAGEMENT & COORDINATION
Consultant shall not proceed with any work without the approval of the City’s designated Project Manager. Consultants shall invoice the City on a monthly basis for all work performed during the period. Each invoice shall be accompanied by a summary of tasks performed, results, and progress on long-term tasks (if any).
VII. MIDTERM REVIEW
The City intends to implement a five-year rate structure as determined appropriate by the results of the cost of service study. Consultant shall perform a midterm review (either at Year 2 or 3 of implementation) of the adopted rate structure, revenues and expenditures, and make recommendations/findings as to the need for any midterm rate adjustments to meet the City’s stated goals. The Consultant shall deliver an addendum report to the initial study presenting
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CITY OF SANTA ANA
COST OF SERVICE STUDY 23
said recommendations. The Consultant will provide an updated Proposition 218 notice if requested by the City.
VIII. VALUE-ADDED RELATED SERVICES
Consultant may propose additional related services that the City has not specifically identified in this RFP to accomplish the stated goals of this RFP. Value-added related services will be considered by the City and may or may not be incorporated in theAgreement.
IX. FEE SCHEDULE
Consultant shall submit a fee schedule in a separate file as described in Section VII.F.3 - RESPONSE TO RFP – PROPOSAL CONTENTS.
Fee proposal shall be outlined as follows:
1. Fee for preparing Cost of Service Report (Items I – VI)
2. Fee for performing midterm review (Item VII)
3. Firm’s standard hourly fee schedules
4. Optional: Fee for any proposed value-added services, if any (item VIII)
X.
TERMINATION
The City reserves the right to terminate the contract, without penalty, for cause immediately or without cause.
1. This agreement may be terminated without c ause by City upon thirty (30) days written notice delivered to the Contractor either personally or by mail. Upon termination, City shall pay to Contractor that portion of compensat ion specified in the Agreement that is earned and unpaid prior to the effective date of termination.
2. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, Ci ty shall have the right to withhold all or a portion of Contractor’s compensation for contract services if, in the judgment of the Projec ts Manager or designee, falls below appropriate standards and/or Contractor fails to satisfactorily perform contract services.
XI. CONTRACTOR OPTION FOR TERMINATION
In the event of nonpayment of undisputed sums by the City, Contractor shall give the City a minimum of thirty (30) working days to cure the alleged breach.
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EXHIBIT B
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1 To ensure that the City receives the services it requires at the agreed upon price, we propose to offer our servic es for a fixed fee of $47,700. The fee includes the scope for all services described in this proposal, in response to the Scope of Services requested, and will be billed monthly on a percent complete basis.
Additionally, we have provided the cost for the midterm update. In the event that the City requires any services not detailed in this proposal, work can be completed on an hourly basis using the fees on the next page, or we can provide a separate, fixed fee proposal for those additional services.
Project Steps Fee
Project Initiation 1,925$
Revenue Sufficiency Analysis 8,825$
Cost to Provide Services 8,725$
Rate Structure Analysis 10,050$
Rate Benchmarking 2,475$
Ordinance/Policy Review 6,200$
Presentation of Results 9,500$
Total 47,700$
Midterm Update 18,600$
FEE PROPOSAL
Our services are offered for a fixed fee.
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2 Hourly Rates
SCS ENGINEERS FEE SCHEDULE
(Effective January 1, 2023 through December 31, 2023)
Labor Category Rate
Principal/Business Unit Director........................................................................................ $255 Project Director ................................................................................................................ $240 Senior Project Advisor ...................................................................................................... $225 Senior Project Manager ................................................................................................... $205 Project Manager II ............................................................................................................ $185 Project Manager I ............................................................................................................. $175 Project Advisor .................................................................................................................. $165 Senior Project Professional II............................................................................................ $165 Senior Project Professional I ............................................................................................ $155 Senior Designer ................................................................................................................ $145 Project Professional II ....................................................................................................... $140 Project Professional I ........................................................................................................ $130 Designer .......................................................................................................................... $120 GIS Analyst ....................................................................................................................... $120 Staff Professional II ........................................................................................................... $117 Staff Professional I ............................................................................................................ $110 Senior Superintendent ...................................................................................................... $135 Analyst III .......................................................................................................................... $115 Analyst II ........................................................................................................................... $110 Data Analyst .................................................................................................................... $105 Analyst I ............................................................................................................................ $100 Senior Technician ............................................................................................................. $110 Associate Staff Professional ............................................................................................. $100 Drafter .................................................................................................................................. $95 Technical Associate………….. ……………………………………………………………………$95 Technician .......................................................................................................................... $90 Secretarial/Clerical .............................................................................................................. $90
General Terms:
1. The hourly and reimbursable rates are effective through December 31, 2023. Work performed thereafter is subject to a new Fee Schedule issued for the period beginning January 1, 2024.
2. The above rates include salary, overhead, administration, and profit. Other direct expenses, such as analyses of air, water and soil samples, reproduction, travel, subsistence, subcontractors, computers, and other reimbursable fees, are billed in accordance with the attached reimbursable fee schedule, or at cost plus 15 percent for administration.
3. For special situations, such as expert court testimony, hourly rates for principals of the firm will be on an individually-negotiated basis.
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EXHIBIT 2
City Council
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CITY OF SANTA ANA
2 COST OF SERVICE STUDY
TABLE OF CONTENTS
I. BACKGROUND ........................................................................................................................... 3 II. MANDATORY PRE-PROPOSAL MEETING ................................................................................ 3 III. OVERVIEW OF PROJECT .......................................................................................................... 3 IV. SCOPE OF SERVICES ............................................................................................................... 3 V. TERM OF AGREEMENT ............................................................................................................. 4 VI. MINIMUM QUALIFICATIONS ...................................................................................................... 4 VII. RESPONSE TO RFP .................................................................................................................. 4 VIII. CERTIFICATIONS (ATTACHMENTS) ......................................................................................... 7 IX. REFERENCES ............................................................................................................................ 8 X. MINIMUM SCOPE AND LIMIT OF INSURANCE ......................................................................... 8 XI. SELECTION PROCEDURES & CRITERIA ............................................................................... 11 XII. WITHDRAWALS........................................................................................................................ 11 XIII. GENERAL TERMS AND CONDITIONS .................................................................................... 12 XIV. AWARD OF AGREEMENT ........................................................................................................ 16 XV. IMPLEMENTATION ................................................................................................................... 17
EXHIBITS
Exhibits provided herein for Proposers’ reference only.
EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE AGREEMENT
ATTACHMENTS
A REFERENCES
B NON-COLLUSION AFFIDAVIT
C NON-LOBBYING CERTIFICATION
D NON-DISCRIMINATION CERTIFICATION
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3 COST OF SERVICE STUDY
I. BACKGROUND
Incorporated in 1886, Santa Ana, a Charter City, established a Council -Manager form of government in 1952. The City Council is composed of seven members; the Mayor elected at large and six Council members elected by ward, who appoint the City Manager, City Attorney and Clerk of the Council. The City of Santa Ana (City) is a full -service City with a diverse population of approximately 335,000.
The City’s eleven agencies provide all the traditional municipal services, as well as water utility, library system, 20-acre Zoo, City Jail, Police Department, and contracts with the Orange County Fire Authority for provision of fire services. The City employs 1,342 authorized full-time positions and has an annual citywide budget is $760.2 million, including the General Fund budget of $403.6 million.
The City of Santa Ana is located 10 miles inland from the Pacific Ocean, 33 miles southeast of Los Angeles and 90 miles north of San Diego. The City, which is the county seat of Orange County, encompasses an area of approximately 27 square miles and is the 11th lar gest by population in California.
II. MANDATORY PRE-PROPOSAL MEETING
A mandatory virtual pre-proposal meeting will be held on the date and time specified on the cover page of this RFP.
Failure to attend this meeting shall result in your firm being disqualified from proposing.
Meeting Link: https://meet.goto.com/794712045
The meeting will include a detailed discussion of the project and the services provided by the Sanitation Services Users Charge. All questions shall be required to be submitted in written form. After the pre-proposal meeting, City will respond to pre-proposal attendees by e-mail to written questions or requests for clarifications.
III. OVERVIEW OF PROJECT
The City of Santa Ana is seeking a Consultant to perform a cost of service study for the City’s Sanitation Services Users Charge (Sanitation Fee/ Sanitation Enterprise) in compliance with
California Proposition 218 requirements . The City intends to enter into an agreement with a single firm to provide the described services. A detailed Scope of Work is included in EXHIBIT I:
SCOPE OF SERVICES.
IV. SCOPE OF SERVICES
SEE EXHIBIT I – SCOPE OF SERVICES
The Contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The Contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The Contractor shall provide adequate staffing levels at all times and adhere to established schedules. The Contractor shall be knowledgeable of and comply with federal, state and local regulations, including but not limited to California Constitution Proposition 218.
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Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period.
Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required.
V. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for one (1), two (2) year renewal, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate the Agreement at the conclusion of the initial term or any extension. Time is of the essence in the performance of services under this Agreement. The total term of the awarded agreement shall not exceed five (5) years. The contract term is anticipated to commence after City Council award or other required approval of this contract and upon receipt and approval of all required bonds and insurance documents.
VI. MINIMUM QUALIFICATIONS
Proposer’s (Firm’s) proposed KEY Personnel must have a minimum of five years of experience providing cost of service studies services to similar public agencies.
VII. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted.
PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137 .
Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992 - 1771. Questions of an operational nature may be directed to the City’s assigned Buyer .
Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.
Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.
All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 . Proposers shall be
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responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.
The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.
Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications.
Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.
General process questions may be directed to the following:
Eva Pierce, Buyer
Email: [email protected]
D. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 .
Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.
E. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully
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understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.
F. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.
Proposals must include a Table of Contents and be limited to a maximum of 10 pages (excluding section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information.
All electronic proposal submissions shall be on 8-1/2” x 11” white paper (PDF Format).
1. Narrative Proposal must include the following:
i. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity.
Cover Letter shall not exceed three (3) pages. Cover letter must stipulate the proposed pricing will be valid for a period of a minimum of 24 months (no price increase will be considered in the first 24 months) subject to annual CPI increases, indicate the address and telephone number of the Contractor’s office nearest to Santa Ana, California, and the office from which the contract will be managed.
Cover letter must be addressed to the following City Project Manager:
Elizabeth Rubio, Projects Manager
City of Santa Ana – Public Works Agency
220 S. Daisy Avenue
Santa Ana, CA 92703
ii. Scope of Services Provided and Schedule
Proposals shall include a description of proposed services to be provided and how they meet the needs of the City; including details of the work phases to be completed, the tasks to be accomplished and the deliverables to be provided. Provide a schedule based on and incorporating the Scope of Services outlined in EXHIBIT I. Include a written statement which provides proposer’s current workload and how this project will be accommodated.
iii. Agreement Statement
Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any).
iv. Firm and Team Experience
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Proposal shall include a profile of the firm’s experience. Include resumes of project team/sub-contractors that outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual’s time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm.
v. Understanding the Need
Proposal shall include an outline which demonstrates the firm’s understanding of the scope of work. This outline should include anticipated approach, tasks necessary for successful completion, and suggestions or special concerns that the City should be made aware of.
vi. Relevant Project Experience
Proposal shall include a list of relevant projects which your firm or personnel have completed within the last five (5) years, including significant work with public agencies. Project information should include project description, year completed, client name, along with a person to contact and their telephone number.
vii. References
Proposal shall include references for three (3) public entities for which Proposer has performed similar work within the past five (5) years.
2. Fee Proposal
Provide a fee schedule/pricing information for the project, which shall include the firm’s standard hourly fee schedule, and/or a project fee schedule required to perform the services as set forth in EXHIBIT I.
The fee proposal shall be submitted concurrently with the technical proposal, but uploaded as a separate file and clearly labeled as “Fee Proposal”.
The City will primarily evaluate proposals based on qualifications. The City reserves the right to negotiate a contract price with the most qualified/highest -rated firm based on available funding.
VIII. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, t he following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
• A ttachment A : References
• Attachment B: Non-Collusion Affidavit
• Attachment C: Non-Lobbying Certification
• Attachment D: Non-Discrimination Certification
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.
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PLEASE NOTE: City will not be waive notarization requirement when applicable on any
of the required attachments.
IX. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RF P have been performed, including contact names and telephone numbers. Use ATTACHMENT A – References. The respondent grants permission for the City to contact any individuals listed as references.
City may disqualify a Proposer if:
• References fail to substantiate Proposer’s description of services and deliverables provided; or
• References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.
X. MINIMUM SCOPE AND LIMIT OF INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award.
Contractor must maintain, for the duration of its contract, insurance coverages as required by the City.
Additionally, Contractor shall provide the following insurance coverage:
Coverage shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. • Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Contractor 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 contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
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 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).
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 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 Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity 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 Entity has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity 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 Entity.
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.
Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. 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
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must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor 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 Contractor’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.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
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.
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XI. SELECTION PROCEDURES & CRITERIA
A. The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below. A final score will be calculated for each submitted proposal and used to rank the proposers.
B. Proposers will be ranked by the review committee based on the following criteria:
The committee may interview the top ranking proposers. The City will recommend award of the agreement to the proposers who will provide the best quality and value to the City. City reserves the right to begin negotiations and enter into an agreement without interview or further discussions.
XII. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible.
CATEGORY POINTS
Firm/Team Experience
• Firm experience (Quantity/Similar Project/Scope of Service) • Technical & design experience
• Company’s structure demonstrates sufficient depth, capacity for its present and additional workload
15 Understanding of Need
• Outline demonstrating the firm’s understanding of the scope of work • Anticipated approach
• Task necessary for scuccessful competition
30 Relevant Project Experience
• Relevant projects firm/personnel completed within the last five (5) years
15 Schedule
• Detailed Schedule based on the Scope of Service 15
Fee
• Cost of Project 20
References
• References that are similar in size and project scope to the City. • Customer service approach and reputation with municipal agencies
5 TOTAL POSSIBLE SCORE 100
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XIII. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana.
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RF P or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.
Each Proposer must disclose any existing or potential conflict of interest relati ve to the performance of the contractual services resulting from this RF P. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract.
E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre - contractual expenses are not to be included in the cost proposal. Pre- contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related
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to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract.
Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract.
F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld.
Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City.
G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal.
H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City.
All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract.
All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug- free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts.
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J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated.
Any irregularities or lack of clarity in the RFP should be broug ht to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers.
Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.
K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP . If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation
L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City.
M. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City.
Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City.
N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of sub - consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub -consultants in the same manner as the Proposer.
The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors.
O. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to
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comply with t he terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.
P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal , together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.
Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.
Q. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.
R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.
S. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City.
T. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.
Contractor acknowledges that City locations consist of public -use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel.
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U. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.
V. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.
W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.
X. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
Y. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work.
The City will look s olely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors.
XIV. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.
A standard agreement is included as EXHIBIT II - Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved.
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XV. IMPLEMENTATION
A. KICK-OFF MEETINGS
A kick-off meeting will be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process.
B. NOTICE TO PROCEED
Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved.
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Contractor shall perform services as set forth below.
I. SCOPE OF SERVICE:
The City of Santa Ana is a full-service city with a population of over 335,000, encompassing 27 square miles. Santa Ana is the second largest city in Orange County, the eleventh largest in the state, and the 57th largest in the nation. Incorporated in 1886, Santa Ana has long been the County's government powerbase and serves as the County seat. With a total budget of $760.2 million, Santa Ana provides public safety, quality-of-life programming, and general & utility services to its residents and business community. The Sanitation Services Users Charge (Santation Fee/Sanitation Enterprise) as defined in the Santa Ana Municipal Code Chapter 18 Article XII is 1% of the total budget providing two services:
Environmental Sanitation/Weed Abatement and Roadway Cleaning/S treet Sweeping. Sanitation services are provided through a combination of city employees and private contractors. The approved Sanitation Enterprise budget for Fiscal Year 2022-23 is $7.6 million.
The City maintains 400 miles of public right -of-way by removing hazardous material, vegetation, industrial emissions, and litter. The Sanitation Enterprise support efforts to help ensure an equitable approach to cleaning debris and pollutants along curbed streets, helping prevent contamination of local waters and damaging aquatic life and marine ecosystems.
II. DESCRIPTION OF WORK:
Consultant shall prepare a cost of service study and make recommendations for implementing a rate in compliance with California Proposition 218 requirements (anticipated implementation date January 2024). The goals of the study are to:
A. Propose sanitation rates in accordance with California Constitution (Prop 218), and all applicable laws, that are fair, objective and fiscally appropriate for Santa Ana, covering a ten (10) year study period, including, but not limited to:
1. Ongoing operations and service enhancements;
2. A prudent reserve program for operating;
3. Capital replacement and emergencies; and
4. Identification ofcustomer life-line programs.
B. Evaluate existing department operations and budgets, identify the current level of service, and estimate the future level of service.
C. Evaluate existing department operations and budgets with non-prevailing wage contractor (street sweeping contract) requirement(s) and identify minimum service levels that will be feasible given the recent enactment of prevailing wage (street sweeping contract).
D. Minimize rate impacts to customers to the greatest extent possible.
E. Identify existing and potential funding mechanisms to finance department operations and capital Improvements.
EXHIBIT I
SCOPE OF SERVICES
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Key issues that will impact the overall study are:
1. Continuous increase in cost due to current economic climate.
2. Santa Ana's historic effort to tackle the housing crisis is seeing an influx of redevelopment projects, increasing the City's footprint.
III. CONTRACTOR REQUIREMENTS & RESPONSIBILITIES
I. TASK 1 - SANITATION PROGRAM EVALUATION
A. GENERAL
The City sweeps approximately 54,000 curb miles ; responds to over 15,000 service requests for roadway cleaning annually, 2,000 environmental sanitation/weed abatement violations, and more than 1,600 reports to obstructions in the public right-of-way.
B. CONTENT/TASKS
1. Consultant shall review and become familiar with the operation and all pertinent historical performance and financial data. Consultant shall review the following at minimum:
a. Surrounding municipalities to establish service level; b. Current and recent budgets and Annual Comprehensice Financial Report (ACFR); c. Background information for the operation including existing regulatory requirements, and other contractual requirements and operations; d. Historical revenues, operating expenses, reserve policies (i.e., working capital and renewal and replacement), approved rates and charges, customer information and number of units; and
e. Review other pertinent data as necessary.
2. Consultant shall prepare an “Existing Cost of Service Summary” technical memorandum or executive summary of the existing financial condition of the sanitation enterprises. This summary shall identify:
a. T he cost of service gaps or discrepancies between the existing rate structure(s); b. T he projected maintenance, operations and capital spending plans; and c. T he effects of current financial/economic climate.
This summary will also identify the strategy the consultant intends to use to close any cost of service gaps identified.
C. DELIVERABLES
1. Existing Cost of Service Summary
a. Digital Copy (PDF)
b. Printed Copies (5)
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II. TASK 2 - COST OF SERVICE RATE MODEL & SCENARIO DEVELOPMENT
A. GENERAL
As part of the work required in preparing a comprehensive cost of service and rate study report, the Consultant may develop various forecasting models, projections , and rate adjustment scenarios for the City’s consideration.
B. CONTENT/TASKS
Consultant shall perform the following tasks:
1. Classify functional expenses to cost components: capacity (demand) costs, commodity costs, customer costs and other direct costs;
2. Classify operating, administrative, operations and maintenance (O&M) expenses, power costs, distribution systems and reserve fund requirements;
3. For each rate scenario, assess the sensitivity of the projected results to changes in certain key variables, including but not limited to, changes in units changes and changes in the cost of the operation.
4. P ropose changes to existing or creation of new sanitation fees and surcharges, as are necessary and/or expedient to achieving the goals of the study.
5. The rate design shall continue to support current service level for all customer classes, provide funding for capital replacement while e nsuring the ability of the sanitation enterprises to meet fixed and variable cost obligations.
C. DELIVERABLES
There are no deliverables for this section. Consultant shall meet and confer with City in regards to the cost o f service rate model development and various scenarios prior to preparing report.
III. TASK 3 - COST OF SERVICE REPORT
A. GENERAL
Consultant shall prepare comprehensive cost of service reports which satisfies the City’s stated goals in Section II, “Description of Work” above.
At a minimum the reports shall be comprised of the following:
1. Executive Summary
2. Introduction/Background including discussions on
a. Purpose of study
b. Applicable laws and regulatory framework
c. Generally accepted rate setting standards
3. Revenue Requirements
4. Cost allocation methodology
5. Recommendations
6. California Proposition 218 Compliant Notices
a. Prepare rate adjustment notices compliant with Proposition 218 requirements. Notices will be prepared in three languages, English,
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Spanish and Vietnamese. Notices to be delivered electronically as Microsoft Word document.
b. Pass-through adjustment formula and means of establishing pass through adjustments shall be explicitly stated.
B. CONTENT/TASKS
Perform a fully allocated sanitation rate study tailored for Santa Ana, including the following:
1. A rate structure based on cost of service sufficient to meet the revenue requirements of the sanitation enterprise;
2. Classify functional expenses to cost components: capacity (demand) costs, commodity costs, customer costs and other direct costs;
3. Classify operating, administrative, operations and maintenance (O&M) expenses, power costs and reserve fund requirements;
4. A rate structure that considers and makes provisions for the following factors:
a. Current and future cost of providing sanitation services in accordance with established and anticipated standards and regulations. b. A recommended sanitation rate structure that is in compliance with Proposition 218;
5. Provide a comparison of current sanitation rates to comparable surrounding sanitation program;
6. The type and amount of reserves appropriate to the City’s sanitation operations taking into consideration reserves for cash flow, catastrophes, infrastructure replacement (proprietary assets) and other appropriate purposes;
7. A comparison of customer groups and cost of service with neighboring municipalities of comparable size, type of treatment, and level of service;
8. A review and analysis of current block sizes and seasonal rate differentials .
Consultant should recommend changes if appropriate; and
9. Consultant shall assess the recommended rate structures and their impacts on the ability to fund sanitation operations as well as their impact on the City’s rate payers;
10. A review of elderly low -income and sanitation rate programs provided by other agencies and propose appropriate elderly low-income sanitation rate for Santa Ana;
11. The benefits of any proposed rate modifications shall be weighed against the financial impacts on the ratepayers. Consultant shall analyze the proposed rates for customer impacts and develop alternative rates modeled to address financial impacts on ratepayers. The analysis shall include:
a. Preparation of typical bill comparisons for each proposed rate structure for representative customer classes using the current rate schedules as a baseline.
b. Compare customer class and proposed rate structures with neighboring agencies of comparable service area.
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C. DELIVERABLES
Consultant shall deliver at a minimum the following:
1. Final Cost of Service Reports
a. Digital Copy (PDF)
b. Printed and Bound Copies (15) of each
2. Proposition 218 Compliant Notice
a. Digital Copy (PDF and MS Word)
3. Pass-through adjustment calculator
a. Digital Copy (MS Excel or similar)
Consultant shall meet with the City to discuss the report’s outcome and explain in detail the full parameters and outcomes discussed in the report. In addition, the Consultant shall meet with the City to review a draft copy of the report before submitting the final report.
IV. PUBLIC MEETINGS & PRESENTATIONS
Consultant shall participate, as requested by City, at both staff and public meetings. Consultant shall expect to make presentations regarding the results of the cost of service study to City executive staff, Mayor and Council and the general public. For purposes of this RFP, Consultant shall be required to attend a minimum six (6) meetings in the range of two (2) – four (4) hours in length in person.
V. KICKOFF MEETING
Consultant shall attend one (1) contract kick -off meeting at the City’s Corporate Yard located at 215 S. Center St., Santa Ana, CA 92703 at which City staff will share contact information, safety and security protocols, and familiarize the Consultant with the City’s sites and equipment.
VI. PROJECT MANAGEMENT & COORDINATION
Consultant shall not proceed with any work without the approval of the City’s designated Project Manager. Consultants shall invoice the City on a monthly basis for all work performed during the period. Each invoice shall be accompanied by a summary of tasks performed, results, and progress on long-term tasks (if any).
VII. MIDTERM REVIEW
The City intends to implement a five- year rate structure as determined appropriate by the results of the cost of service study. C onsultant shall perform a midterm review (either at Y ear 2 or 3 of implementation) of the adopted rate structure, revenues and expenditures, and make recommendations/findings as to the need for any midterm rate adjustments to meet the City’s stated goals. The Consultant shall deliver an addendum report to the initial study present ing said recommendations. The Consultant will provide an updated Proposition 218 notice if requested by the City.
VIII. VALUE-ADDED RELATED SERVICES
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Consultant may propose additional related services that the City has not specifically identified in this RFP to accomplish the stated goals of this RFP. Value- added related services will be considered by the City and may or may not be incorporated in theAgreement.
IX. FEE SCHEDULE
Consultant shall submit a fee schedule in a separate file as described in Section VII.F.3 - RESPONSE TO RFP – PROPOSAL CONTENTS.
Fee proposal shall be outlined as follows:
1. Fee for preparing Cost of Service Report (Items I – VI)
2. Fee for performing midterm review (Item VII)
3. Firm’s standard hourly fee schedules
4. Optional: Fee for any proposed value-added services, if any (item VIII)
X. TERMINATION
The City reserves the right to terminate the contract, without penalty, for cause immediately or without cause.
1. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the Contractor either personally or by mail. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination.
2. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, Ci ty shall have the right to withhold all or a portion of Contractor’s compensation for contract services if, in the judgment of the Projects Manager or designee, falls below appropriate standards and/or Contractor fails to satisfactorily perform contract services.
XI. CONTRACTOR OPTION FOR TERMINATION
The Contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City.
Such request will require sixty (60) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City a minimum of thirty (30) working days to cure the alleged breach.
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THIS AGREEMENT is made and entered into on this day of , 2023 by and between ___________________________________________________________, (“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 City desires to retain a Consultant having special skill and knowledge in the field of:
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit I, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit II. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx.
b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice invoievidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a written number (3) year term with the option for the City to grant up to two, one (1) -year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
EXHIBIT II
SAMPLE AGREEMENT
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Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture 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.
Standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
MINIMUM SCOPE AND LIMIT OF INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award.
Contractor must maintain, for the duration of its contract, insurance coverages as required by the City.
Additionally, Contractor shall provide the following insurance coverage:
Coverage shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
• 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.
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If the Contractor 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 contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
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 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).
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 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 Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity 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 Entity has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity 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 Entity.
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.
Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:
4. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
5. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
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6. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor 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 Contractor’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.
Special Risks or Circumstances
Entity reserves the right to modify these req uirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the 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 inju ry, 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 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.
INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a
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representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
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, 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 i ncludes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
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.
NON-DISCRIMINATION
Contractor shall not discrimi nate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signe d 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 Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
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
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of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
TERMINATION
The City reserves the right to terminate the contract, without penalty, for cause immediately or without cause.
1. This agreement may be terminated without cause by City upon thir ty (30) days written notice delivered to the Contractor either personally or by mail. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination.
2. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, Ci ty shall have the right to withhold all or a portion of Contractor’s compensation for contract services if, in the judgment of the Projects Manager or designee, falls below appropriate standards and/or Contractor fails to satisfactorily perform contract services.
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.
I. 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.
II. 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.
III. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this contract 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)
City Council
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CITY OF SANTA ANA
COST OF SERVICE STUDY 30
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
To Contractor:
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.
IV. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Kristine Ridge
Clerk of the Council City Manager
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
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CITY OF SANTA ANA
COST OF SERVICE STUDY 31
APPROVED AS TO FORM: CONSULTANT:
SONIA R. CARVALHO
City Attorney
By:
Assistant City Attorney
Tax ID#
RECOMMENDED FOR APPROVAL:
SAMPLE ONLY
(name)
(title)
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THIS SHEET MUST BE COMPLETED IN ENTIRETY AND
RETURNED WITH OFFEROR'S PROPOSAL
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the 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 & customer service reputation.
Reference No. 1
Customer Name: Contact Individual/Email:
Address: Phone Number:
Facsimile Number:
Project Name: Year:
Brief Description of Scope of Work:
Reference No. 2
Customer Name: Contact Individual/Email:
Address: Phone Number:
Facsimile Number:
Project Name: Year:
Brief Description of Scope of Work:
Reference No. 3
Customer Name: Contact Individual/Email:
Address: Phone Number:
Facsimile Number:
Project Name Year:
Brief Description of Scope of Work:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT A
REFERENCES
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COST OF SERVICE STUDY 33
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.
Signed____________________________________________________________________________
State of ________, County of __________________________________________________________
Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
________________________
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT B
NON-COLLUSION AFFIDAVIT
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COST OF SERVICE STUDY 34
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT C
NON-LOBBYING CERTIFICATION
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COST OF SERVICE STUDY 35
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative acti on to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant 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.
1. In the event of the Consultant’s non- compliance with the nondiscrimination 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 Consultant 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 Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
2. The Consultant 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 agency may direct as means of enforcing such provisions,
ATTACHMENT D
NON-DISCRIMINATION CERTIFICATION
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COST OF SERVICE STUDY 36
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation 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 persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violati ng this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
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4683 Chabot Drive, Suite 200, Pleasanton, CA 94588
386.546.7719 | Offices Nationwide | www.scsengineers.com Environmental Consultants and Contractors
City of Santa Ana
Sanitation Services Users Charge
Cost of Service Study
March 20, 2023 | RFP No. 23-029
INTEGRATED | UTILITY | SOLUTIONS
EXHIBIT 3
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Table of Contents
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PAGE #
1 Cover Letter
2 Firm & Team Experience
5 Understanding the Need
10 Relevant Project Experience
Attachments – A-D (separate document)
Fee Proposal (separate document)
SCS Management Services
TABLE OF CONTENTS
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Cover Letter
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4683 Chabot Drive, Suite 200, Pleasanton, CA 94588 | 925-426-0080
March 20, 2023
Elizabeth Rubio, Projects Manager
City of Santa Ana – Public Works Agency
220 S. Daisy Avenue
Santa Ana, CA 92703
Subject: RFP No. 23-029 | Sanitation Servic es Users Charge Cost of Service Study Dear Ms. Rubio:
The City of Santa Ana has requested a proposal for a Sanitation Cost of Service Study. The goal of your study is to develop a long-term financial plan for the City’s Sanitation Services Users Charge that will generate sufficient revenues to support operations, capital and fleet replacements, and other financial requirements while minimizing the impact to your customers. Additionally, the study will review your cost to provide services and develop rate structures that are equitable, easy to understand and bill, and are consistent with best practices.
You need the services of experts to perform your financial analyses and provide you with the financial solution you require for long-term financial sustainability, while meeting your operational goals. I (Vita Quinn) am your Project Manager. I am on the Board of Directors for the Solid Waste Association of North America (SWANA), am SCS’ National Expert on Rate Studies, and lead our Management Services practice. I will lead all of the work on this project and remain committed as Project Manager throughout the project duration.
Tim Flanagan and Stacey Demers will lead the analysis of user characteristics, operations, and capital needs. Tim has extensive experience in solid waste operations in southern California and is the current SWANA President. Stacey performs research and operational planning, program analysis, and rate benchmarking studies for cities across the country. We will receive support from the other team members listed in this proposal and, to the extent required, can leverage hundreds of other consultants available for this work.
Our goal is to combine our models and communication processes in a way that keeps you involved and informed, is efficient and cost-effective, and gets the results you require.
Vita Quinn and Tim Flanagan are authorized to enter into and negotiate contracts with the City as required. The contract will be managed from our Pleasanton office and the office address and phone number are located below. As a corporation, SCS Engineers is in concurrence with the provisions contained in EXHIBIT II – Sample Agreement of this RFP. The pricing will be valid for 24 months. If you have questions concerning any aspect of this proposal, please contact me at 386-546-7719 or [email protected].
Sincerely,
Vita Quinn, MBA
Director of Management Services
SCS Engineers
Tim Flanagan
Project Director
SCS Engineers
SCS Management Services
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Firm and Team Experience
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2 Rate & Management Consulting Expertise
Rate studies, billing/policy reviews, and efficiency improvements for local governments are at the core of our Management Services practice. We also possess comprehensive knowledge covering the entire spectrum of utility industry issues. The professionals on SCS’s project team for this assignment have completed similar rate studies, financial assessments, capital plans, strategic plans, program assessments, system evaluations, privatization evaluations and/or other financial evaluations and modeling efforts.
Other Selected SMM & Management Services Capabilities
Strategic &
Financial Advisory
Zero Waste Plans
Business Advisory Services
Feasibility Analysis
Waste Generation Studies
Cost-Benefit Analysis
Affordability Analysis
Organizational
Assessments
Organizational Structure
Labor/Operational Benchmarking
Customer Billing & Service Reviews
Operational/Process Improvements
Benchmarking of Services & Fees
Performance Reviews
Financial &
Economic
Analysis
Rate/Cost of Service Studies
Indirect Cost Apportionment
Public/Private Partnerships
Hauler Audits
Development Impact Fees
Non-Ad Valorem Assessments
Program Planning &
Development
Collection Assessments
Diversion Program Development
Evaluation of Plan Alternatives
Public-Private Partnership Planning
Sustainability Plans
CIP/Asset Management Plans
Other Consulting
Services
Expert Witness Testimony
Public Education Programs
Regulatory Reporting
Workshops and Seminars
Contract Management Solutions
Policy/Ordinance Review
Our Team of Experts
Our team members, highlighted on the following pages, combine technical expertise and knowledge of the political environment with the ability to meet your greatest challenges.
All members of our project team are experienced leaders on similar projects and are available and ready to perform the work you require.
FIRM AND TEAM EXPERIENCE
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3 VITA QUINN, MBA | Project Manager
EDUCATION
MBA – Finance/Real Estate Development, Nova Southeastern University, Florida BS – International Economics, Florida Atlantic University, Florida
RELEVANT PROFESSIONAL AFFILIATIONS
Solid Waste Association of North America – Board of Directors, American Public Works Association
SELECTED RATE & COST OF SERVICE STUDIES
Village of New Lothrop, MI – Wastewater/Stormwater
Asset Management Plan
City of Myrtle Beach, SC – Collections Rate & Transfer Fee Study / Billing Analysis
City of Brownsville, TX – 5-Year Financial
Services/Rate Studies
Stanford University, CA – Annual Rate Studies
City of Anaheim, CA – Re sort Assessment District
Revenue Sufficiency Analysis / Solid Waste Revenue
Sufficiency Analysis and Updates
City of Council Bluffs, IA – Landfill and Recycling
Center Revenue Sufficiency Analysis
City of Monrovia, CA – Hauler Rate Analysis
Reno County, KS – Annual Rate Model
Updates/Reserve Calculation
Broward County, FL – Revenue Development &
Benchmarking for Proposed Independent Authority
City of Bristol, VA – Solid Waste Collection Rate Study City of Wauchula, FL – Solid Waste Rate Study
City of Grand Island, NE – Landfill Tipping Fee Study and Capital Feasibility Analysis
City of Dothan, AL – Environmental Svcs Rate Study
City of New Braunfels, TX – Solid Waste Management
Plan Update and Rate Study
City of West Palm Bch, FL – Solid Waste Rate Study
City of Odessa, TX – Solid Waste Management Plan
City of Sheridan, WY – Tipping Fee Study and
Financial Assurance Estimates
City of Port Orange, FL – Water & Sewer Rate Study
Okaloosa County, FL – Water & Wastewater Revenue
Sufficiency Analyses
City of Galveston, TX – Water and Sewer Rate Study
and Benchmarking Analysis
Clay County Utility Author ity, FL – Water & Sewer
Revenue Sufficiency, Lakes Replenishment Program
Funding Analysis, and Comparative Impact Fee Study
City of Neptune Beach, FL – Water & Sewer Revenue
Sufficiency Analysis
City of Temple Terrace, FL – Solid Waste and General
Fund Integrated Analysis
Indian Creek Village, FL – General Government
Financial Sustainability Analysis
City of Davis, CA – Solid Waste Rate Study
Greenville County, SC – Solid Waste Tipping Fee
Study
City of Cocoa, FL – Integrated Utility Analysis,
Regional Water Rate Development
City of Atlanta, GA – Solid Waste Rate & Utility
Billing Study
Ft Lauderdale, FL – General Fund, Water, Sewer,
Stormwater, Sanitation, Spec Rev Funds Analysis
City of Sheridan, WY – Water, Sewer, & Solid Waste
Rate and Financial Plan Updates
Junction City, OR – Water, Sewer, and Sanitation
Cost of Service Study
Nassau County, FL – Rate Study, Customer Deposit
Review, Miscellaneous Fee Development
City of Tempe, AZ – Solid Waste Rate Design
City of Denton, TX – Rate Study and Benchmarking
Culver City, CA – Solid Waste Rate Study
City of Virginia Beach, VA – Solid Waste Revenue
Sufficiency Analysis
Yakima County, WA – Solid Waste Management
Plan and Rate Study
City of Killeen, TX – Solid Waste Rate Study
City of St. Cloud, FL – General Fund & Utility
Integrated Analysis (Water, Sewer, Bulk Water)
Indian Creek Village, FL –Water and Stormwater
Revenue Sufficiency Analysis
Village of Pinecrest, FL – Stormwater Fee Study
Cass County, IA – Landfill Revenue Sufficiency
City of Coconut Creek, FL – Water/Wastewater
Utility Rate Study
City of Cape Coral, FL – Water & Sewer Rate Study
City of Alliance, NE – Landfill Revenue Sufficiency
Town of Mount Dora, FL – Stormwater Rate Study
City of Clearwater, FL – Water, Sewer, and Solid
Waste Revenue Sufficiency Analysis
City of Zephyrhills, FL – General Fund Financial
Sustainability Analysis
City of Fort Myers, FL – General Fund Financial
Sustainability Analysis
City of New Port Richey, FL – General Fund and
Utility Integrated Financial Sustainability Analysis
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4 TIM FLANAGAN | Outreach & Prop 218 Compliance
EDUCATION BA – Public Policy and Economics, University of California, Santa Barbara
RELEVANT PROFESSIONAL AFFILIATIONS
Solid Waste Association of North America – President; Executive Board California Resource Recovery Association
National Recycling Coalition
National Legislative Committee – National “Buy Recycle” Alliance U.S. Conference of Mayors Advisory Committee for Solid Waste Mgmt and Resource Recovery – Devt Committee Leadership Monterey County – Member, Board of Directors Chaired/Appointed to Various County and State Elected Offices and Committees Chambers of Commerce (Southern California) – Former Board Member
PROFESSIONAL EXPERIENCE
Mr. Flanagan is a professional executive with 40 years of extensive expertise developed within various levels of private and governmental entities or sectors. He has championed and established cutting-edge waste reduction and recycling programs as a skilled communicator and team leader, and has directed multi-state domestic and export recycling tonnage marketing and sales efforts through key strategic industry partnerships. In his previous positions, he successfully managed multi-million-dollar capital improvement projects for construction of new recycling and materials processing facilities, restoration projects, and key public works projects, from project design through California Environmental Quality Act (CEQA), permitting, and construction processes. Additionally, he has familiarity and practical knowledge of “Green Building” practices.
STACEY TYLER DEMERS, LEED® AP| Operational & Data Analysis
EDUCATION BS – Statistics, Virginia Polytechnic and State University
PROFESSIONAL EXPERIENCE
Stacey has 30 years of experience in the solid waste field focusing on developing, evaluating and improving programs that reduce waste, increase recycling, and divert organics. As SCS’s national expert in waste characterization, she has a strong working knowledge of the types and quantities of materials in various waste streams and customizes zero waste strategies by material and generator type.
She has strong analytical skills in planning, statistics, program/operational benchmarking, and cost modeling. Her role includes analysis of user characteristics, operational evaluation, and data analysis.
Our Management Services group has financial analysts, data analysts, and management analysts ready to perform the services you require. Kellyn and Sher will be lead analysts for this project team. Their experience working with large data sets, managing databases, and creating financial models for forecasting and cost saving for local government clients make them ideal for this project.
Their experience with financial modeling and visualization along with rate and fee development helps provide clients with an accurate and proficient analysis.
KELLYN MODLIN & SHER CARROLL | Financial & Management Analysts Our financial sustainability solutions include revenue sufficiency analysis, cost of service studies, and rate design. Our references, process, and proposed work plan are in the following sections.
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Understanding the Need
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5 Background
The Sanitation Services Users Charge (Charge or Fee) of $5.35 per month, is paid by approximately 89,000 customers on a bimonthly basis. The Environmental Sanitation Program enforces municipal codes for right-of-way obstructions, illegal advertising, weed/rubbish abatement, and refuse violations. Among the services provided are street sweeping, abandoned item collection, sidewalk cleaning and power washing, cleaning services for illegal dumping areas, sidewalk and alley cleaning, right-of-way inspection and enforcement, and weed abatement. The program also coordinates with neighborhood associations to assist in beautifying their properties and neighborhoods.
Let’s Consider the Issues the City is Facing
Increased Cost
The City has operated without a Fee increase since 1996, allowing your businesses and residents to be the beneficiary of low-cost services for nearly 30 years. However, salaries, contractual costs, and other operational costs increase over time, despite receiving a tremendous amount of scrutiny by public officials and community stakeholders.
For FY 2023, the Fee is budgeted to generate about $6.3 million in annual revenues, but incur about $7.3 million in expenses, a significant increase over prior years. The increased cost of Street Sweeping due to prevailing wage regulation is partly responsible for this increased cost. As a result, the City is considering changing its level of service in terms of linear miles or frequency to accommodate these cost increases. Additionally, inflation due to economic pressures and supply chain issues has dramatically increased costs of everything from technology to fuel, further putting pressure on the City’s revenue sufficiency.
Increased Service Level Demand
As the City of Santa Ana has grown to be the center of Orange County for many events and services, so has the need to handle the increased influx of both daytime and night time populations. Streets sweeping, sidewalk and alley cleaning, and illegal deposits/rubbish removal, have all seen a rise in service demands.
How do these issues affect financial sustainability?
Your financial health as a utility is dependent on how many paying customers the City has, as well as how much waste is disposed. Regardless of the number of customers or containers tipped in a year, your costs continue to increase, and most of those costs are fixed. Disposal costs, although variable based upon the amount of waste disposed, can be subject to tipping fee increases. Likewise, increasing costs of supplies, salaries, and routine capital cause your expenses to increase annually. And operational inefficiencies can further add to ongoing expense.
Recognizing that current revenues are insufficient to fund ongoing costs of operations and capital, the City has chosen to engage a qualified firm to provide an analysis and to develop a financial management plan and rate structure to generate the required revenue while minimizing the impact on the City’s residents.
Now that we understand your problems, we want you to understand our solutions…
Our approach and experience on similar projects, performed by experts we have identified as key personnel, demonstrate that SCS is the right choice.
UNDERSTANDING OF THE NEED
While our financial models support decision-making, our added value is our client focus, industry experience, and technical ability that we leverage to identify innovative solutions to your problems.
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6 Our Approach
Updating your rates begins with our suite of utility rate and financial planning models that we customize to reflect the City’s available funds, budgeting and actual spending, customer information, and capital program. The models are designed to:
Identify assumptions and variables
Examine historical trends and performance
Forecast financial requirements
Test alternative what-if scenarios
Calculate cost of services for each rate/service component Determine the sufficiency of current ra tes to recover the cost of services Design updated rates based on cost to provide services and influence behavior Our detailed approach and planning tools will allow our project team to work closely with City utility staff, finance staff, and City Administration to develop and get support for a long-term financial plan. We will utilize our models in interactive work sessions with City staff to review what-if scenarios and develop strategies to implement a sustainable rate and financial plan.
Steps to a Successful Rate Study
There are several steps to calculating cost-of-service based rates. This section describes the ratemaking process and how we will work with the City to develop rates tailored to your system dynamics, diversion initiatives, and service levels. The steps also detail interaction with City staff, administration, elected officials, and the public that are required to facilitate the desired outcomes for your study.
Compile and Review Existing Information
We will begin our study by scheduling a kickoff meeting with our team and City staff to discuss key issues, near and long-term goals, and metrics that you consider to be most important to your financial performance. At this meeting we will also distribute our data request, discuss the items required for our analysis, and the platform we will use for data transfer.
We will establish who will be involved in the process, the key members of our team and your key staff, and discuss the project schedule for interactive work sessions with your staff, meetings with your Council, and final deliverables.
We will work with you to obtain all information relevant to understanding your existing operations and costs for provision of service to customers. Once we start to receive the data, we will begin an in-depth review. We will also review any other data provided and remain in contact if we need clarification prior to our first interactive work session.
Revenue Sufficiency (Existing Cost of Service)
SCS uses an interactive modeling approach that allows input from you as we develop customized financial solutions. We will perform a revenue sufficiency analysis to determine the long-term sustainability of your solid waste system revenues, including a 10-year financial management plan and associated plan of rate adjustments.
During meetings with your staff, we display the models and work with you to test multiple “what if” scenarios that consider your financial sensitivity to changes in various variables. For example, we can test the impact of changes to your vehicle program costs and timing, and the associated impact on operating expenses and staffing requirements.
For each scenario considered, we will identify the necessary revenue adjustments, including any borrowing that may be required, and the associated financial, fund balance, and customer impacts.
We will also evaluate capital funding alternatives, including cash funding, debt funding, grants, or any other financing alternatives the City is considering. The results are displayed in a simple, graphical format that allows for easy comparison of scenarios. Some of the steps in this process are detailed in the following sections.
Expense Projection
To project your revenue requirements, we review your historical budgeted and executed operating expenses, all planned capital improvements and associated funding sources, existing debt service and coverage ratios, available
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7 and recommended operating, capital, and debt service reserves, and any financial policies and reserve requirements dictated by policies of the City. We will also consider your goals to address during the study, such as cash reserve targets, operational changes, or hiring needs.
We study changes in capital and labor costs and how this will affect your expenses. Using cost escalators, we estimate your future expense increases and the nature of any expenses that may be contractual or one- time/temporary. As we tailor our model to your operations, we identify any other issues or questions affecting financial performance to discuss with you during our first interactive meeting.
Capital Program Review
One of the largest expenditures driving the need for rate increases is the cost of capital outlay required to meet current and future service needs and regulatory requirements. In addition, there are significant renewal and replacement cost requirements to preserve the reliability and useful life of your equipment and other assets. The City must consistently fund vehicle replacements or incur increases in repair and maintenance costs. And implementing new programs often requires additional carts, routes/vehicles, or other capital expense.
We will perform a detailed review of your current capital program, including vehicle/equipment replacements and the anticipated sources of funds available to pay for these projects. This discussion of funding is important to reducing the impact of capital on rates. Recognizing this, we will:
Review the level of your budgeted capital spending vs needed capital investment, Consider the priority of individual items within your capital plan, Review all restricted and unrestricted funds available for projects, Discuss timing of project expenditures, and
Consider external funding sources, such as grants or loans, that may mitigate rate impacts.
In meetings with City staff, we will review the level of capital or types of projects the City historically cash funds from rate revenues. We will evaluate the pros and cons of alternative capital funding practices, and financial considerations associated with leveraging debt financing. We will consider whether the City could adapt its use of cash and debt funding to maximize available cash reserves and limit risk. Working with you, we will develop a recommended capital spending and funding plan for the identified capital and future capital needs.
Financial Management Plan
Based on our analysis and interactions with staff, we now have a forecast of your system growth and anticipated revenues under your current rates. We also have a projection of operations and maintenance expenses, capital investment, debt service payments, and the resulting fund balances in each year of the projection period.
The final step is to review the scenarios the City may wish to consider for project timing and funding, policy changes, or sensitivity to changes in any of the assumptions used in the analysis and then develop a long-term plan of rate adjustments for each scenario. Working with you, we identify the scenario that best reflects your anticipated and desired outcomes while minimizing rate impacts to your customers. This plan will provide the revenue requirements used as the basis for updating the structure of your rates.
It is important to note that the City/SCS will update this analysis at the time of the midterm review. At that time, we will compare the anticipated outcomes from the rate/rate structure updates to the actual revenues and financial outcomes the City is experiencing.
Cost of Services
Once the above is complete, we will analyze the City’s costs to provide various services to its customers by examining each line item in the budget. Our Cost Allocation Model takes the revenue requirement from and equitably allocates costs to each Fee component (street sweeping, illegal dumping, right of way maintenance, etc.) according to number of instances, how services are provided, and the City’s current customer profile.
We will prepare a detailed statistical analysis of the City’s recent service levels, population growth, and tonnage/service level trends. By looking at several years of data, we can consider factors important to serving your customers and evaluating your costs of service and potential rate structure changes:
What services are provided?
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8 How does the nature of providing those services diffe r? Are there varying times to respond, staffing, equipment, etc. for each service?
What customer classes do you serve in addition to residential? What other services are included in the Fee, if any?
This process allows you to see the revenue generated for various services/customer classes versus the expenses incurred in providing those services to your customers.
The outcome of this analysis then becomes the basis for the net revenue requirement used in the rate structure analysis.
Rate Benchmarking
To assist in the next step of rate structure analysis, we will conduct a survey of nearby comparable entities to determine the City’s current and proposed charges for the average customer relative to these other entities.
Rate Structure Analysis
Once the cost of services analysis is complete, we will use our Rate and Fee Model to examine the City’s current Fee and identify any structural adjustments to consider in developing your new user fee. We will obtain historical billing data and/or property data and analyze current billing practices. We will identify the revenue requirement based on the results of the revenue sufficiency analysis and cost of service analysis, and use this revenue requirement and the results of the billing data analysis in considering alternative rate structures.
We will analyze the City’s current rate structure and projected changes in customer characteristics. We examine many factors important to potential rate structure changes, such as: historical and current fee structure and billing, franchise fees and agreements, miscellaneous or one-time service fees, customer sensitivity to fee changes, projected changes in population/service levels, tonnage/volume data, and City ordinances and policies relevant to the analysis.
In developing recommendations, we will also consider your desire to encourage diversion and implement new programs. Our project team will develop rate structure recommendations that comply with best practices for ratemaking and relevant legislation. During meetings with staff, we will discuss rate recommendations for your user fee and other miscellaneous fees based on the current structure and suggested adjustments. We will discuss the basis of the recommendation and test the sensitivity of the rate changes to various customer classes and demand characteristics. The goal is to develop a structure that will be easily understandable and easy to administer and that will accurately reflect the dynamics of your solid waste system while equitably distributing costs.
Lifeline Rates & Policy Review
As part of the rate study, we will discuss with City staff any policies/ordinances/resolutions concerning solid waste that may be out of date or no longer reflect the services you provide to your customers and additional items that could be included in your ordinances/resolutions in the future.
This is an appropriate time to also discuss other City policies that can be updated or have been analyzed during the rate study process, such as lifeline rates for elderly or low-income residents, working capital reserve targets, capital/rate stabilization reserve funding, indirect administrative cost allocation to departments/funds, etc.
Presentation of Results & Implementation Assistance
Customer Impacts & Plan for Public Meetings
A well-designed rate structure only benefits you if it is adopted and implemented. With this outcome in mind, it is important to consider the impact of recommended changes on the average customer.
It is also helpful at this point to include the City Manager or other officials in City Administration in a conversation of the key issues and the basis for the recommendations prior to public meetings. This conversation allows us to get support and direction regarding key items of interest to the public and/or elected officials that may be important to gaining support. Once we have agreed on the rate/policy recommendations to be presented to the public and Council, we will begin the presentation of results.
Written Narrative
We will develop outputs of the assumptions and projected revenues, expenses, rate adjustments, and rate structure changes used in developing the analysis. These will be included in our draft and final technical memorandums for
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9 your review and feedback. We will create a memorandum detailing the analysis performed, comparable entities identified, performance metrics considered and how the City compares, and recommendations for the City to consider. The draft memorandum will be distributed to City staff for review and comment. Upon receiving comments from City staff, we will adjust our analysis and/or narrative as required and distribute the final memorandum.
Once all of the analyses are complete, we will provide the City with detailed schedules containing all of the assumptions and detailed projections used in developing the analysis. The detailed schedules will also be included in the draft report then be distributed to the City for thorough review and comment.
Implementation/Prop 218 Support
The rates that SCS will calculate will support the requirements of Prop 218. Additionally, we will assist the City in preparing a notice that will need to be mailed to all property owners/customers at least 45 days prior to a public meeting. At the meeting, residents can protest. If there is no majority protest, fees can be adopted.
Based on the cost to provide services and rate structure analysis described above, the rates SCS will develop with the City will meet all of the Proposition 218 requirements.
Public Meetings
In addition to the written report, we will develop a PowerPoint presentation summarizing the findings. Then we will also attend a meeting with the City Council and/or the public where we will present the results of our analysis. As earlier discussed, it is important to have early interaction with key stakeholders, but this is the first time many of the residents will hear the details of the rate study performed. It is important to convey that the City is acting in the best interests of the residents. We will communicate:
The responsibility of a s anitation utility to provide an essential service and protect the environment The key issues you are facing and the associated costs driving the need for additional revenue The basis for calculating rates, including the equitable distribution of costs and desire to encourage diversion
Sensitivity in customer demand or satisfaction as a response to rate changes Miscellaneous or one-time services that could be charged fees and not included in the base rates What Makes Our Project Approach Different?
Project success couples experience in political decision making with input from you and your staff, and the technical ability to plan for your future success. We understand that an effective financial plan does not look to simply “balance the budget”. Rather, it should be a long-term forecast that helps guide future decision-making, identifying trends and vulnerabilities that affect long-term financial sustainability. An effective plan should account for known costs (capital, operations, etc.), while also testing the sensitivity of the outcomes to changes in variables.
Our strategic approach combined with effective communication demonstrates to you, your Council, and your residents how today’s decisions will affect future outcomes.
Sanitation Cost of Service Study Project Schedule
W e e k 123456789 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 Project Initiation
Revenue Sufficiency Analysis
Cost to Provide Services
Rate Benchmarking
Rate Structure Analysis
Ordinance/Policy Review
Presentation of Results
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Relevant Project Experience
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10 Similar Project Experience
Over the years, SCS has literally completed hundreds of studies. Your Project Manager, Vita Quinn, has completed revenue sufficiency and/or cost-benefit analysis studies for the City of San Antonio, Texas; City of Myrtle Beach, South Carolina; and City of Atlanta, Georgia, just to name a few, in the last several years. References are provided on Attachment A.
The map visually illustrates the locations of key offices and recent projects in this practice.
WE ENCOURAGE YOU TO REACH OUT TO
ANY OF OUR CLIENTS TO DISCUSS THEIR
SATISFACTION WITH OUR SERVICES.
Other Recent/Current SCS Financial and Rate Study Projects Name Location Key Facets
Revenue Sufficiency and
Rate Analysis
City of Glendale, California Evaluate options for franchising commercial collection, develop revenue sufficiency model to evaluate rates and service option, assess regulatory environment and provide recommendations on changes necessary to franchise in Counties.
Revenue Development for
Solid Waste Authority
Broward County, Florida Developing the anticipated capital and operational expense for an authority to build and operate waste-to energy, yard waste, MRF, and several transfer facilities. Also developing the level of processing fee, transfer fee, and special assessment revenue required to support this investment of approximately $1.5 in capital and the cost of operations.
Comprehensive Solid
Waste Management Plan
Yakima County,
Washington
Prepared a SWMP Update, including a detailed waste flow analysis, evaluation of the recycling potential of materials, and a financial model of the options under consideration, which was used to develop a 5-year plan costs and revenues, presented to the County and Solid Waste Advisory Commission.
Solid Waste Management
Plan & Fleet Rental Rate
Analysis
City of Odessa, Texas Analysis of operations, projected services, waste stream, and demographic changes, and financial recommendations for the City’s collections. Included long-term plan of financial/rate increases. Also performing annual analysis of entire City’s fleet age, costs, repairs and reimbursements to the City’s Fleet Maintenance Department.
Operational Analysis Baltimore County, Mary land Analysis of operations and administration of billing at County’s transfer stations, landfill, and administration/billing department office. Recommendations presented to County Administrator; implementation underway.
REFERENCES FOR THE ABOVE CAN BE FURNISHED UPON REQUEST.
We have a qualified team of professionals with the experience and resources to perform this rate study for the City.
RELEVANT PROJECT EXPERIENCE
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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
August 1, 2023
TOPIC: Santa Ana Zoo Educational Hub Building Project
AGENDA TITLE
Approve an Agreement with LOC Architects for Professional Architectural Services for the Santa Ana Zoo Educational Hub and an Amendment to the Fiscal Year 2023-2024 Capital Improvement Project 23-2601 (Non-General Fund)
RECOMMENDED ACTION
1. Authorize the City Manager to execute an agreement with LOC Architects for professional architectural services for the Santa Ana Zoo Educational Hub Building project in the amount of $350,120 with a contingency amount of $35,000, for a total amount not to exceed $385,120, for a three-year term beginning August 1, 2023 and expiring July 31, 2026, with an option for one two- year extension, subject to non-substantive changes approved by the City Manager and the City Attorney.
2. Approve an amendment to the Fiscal Year 2023-2024 Capital Improvement Program to include $385,120 of funding for the Santa Ana Zoo Educational Hub project (Project No. 23-2601).
DISCUSSION
The Santa Ana Zoo (Zoo) is owned by the City of Santa Ana and is operated by the Parks, Recreation and Community Services Agency (PRCSA) and a non-profit support organization, Friends of the Santa Ana Zoo (FOSAZ). In addition to being a public zoological garden dedicated to wildlife, environmental education, and the conservation of endangered species, the Santa Ana Zoo is a recreational facility and an important civic asset that attracts approximately 250,000 visitors annually.
On May 3, 2022, Council adopted a resolution approving the acceptance of grant funds from the State of California Natural Resources Agency for the Santa Ana Zoo Educational Hub Building Project and authorized the City Manager to execute grant documents. The new educational hub building will include a multipurpose space, classrooms, and serve as a hub for community volunteers and education staff. The classrooms are flexible in design to maximize their use potential throughout the day and year. This facility will serve as a reception area for schoolchildren visiting the zoo and is directly adjacent to the existing outdoor amphitheater. The sides of the building will
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Santa Ana Zoo Educational Hub Building Project
August 1, 2023