Agenda packet — Santa Ana City Council, September 19, 2023 (part 2 of 5)

DISCUSSION
The Standard—McFadden Park Project will transform the existing underutilized and poorly furnished City park located at the northeast corner of Standard and McFadden Avenue (Exhibit 1) into a park with an abundance of amenities catered to serve the surrounding community. The scope of work for this project (Exhibit 2) includes the removal of the existing asphalt alley, synthetic soccer field, chain link fencing, planter boxes, landscaping, and the construction of a new concrete alley, skate park, multipurpose basketball court, playground and fitness equipment, site furnishings, lighting, wrought iron fencing and concrete masonry walls, decorative signage, landscaping, irrigation, and a security system. Standard – McFadden Park will contribute to the health and wellness of the surrounding community by providing valuable green space and active recreational opportunities.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 2,385 regional vendors via PlanetBids, many of which are Santa Ana based. Five vendors requested bidding documents and a total of five bids were received. No bids were received from any Santa Ana contractors.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 12, 2023 and June 19, 2023. The project was also advertised in PlanetBids from June 2, 2023 through July 20, 2023. Bids were received electronically via PlanetBids on July 20, 2023.

Bid Results Summary
Rank Bidder’s Name Location Base Bid
1 Legion Contractors Inc. San Francisco, CA $3,366,625
2 Urban Habitat La Quinta, CA $3,705,794
3 California Landscape & Design
Inc. Upland, CA $3,835,313
4 Lucas Builders, Inc. La Habra, CA $3,966,162
5 KASA Construction, Inc. Chino, CA $4,599,871
A total of five bids were received, and all were deemed responsive. Legion Contractors, Inc. submitted the lowest responsive base bid in the amount of $3,366,625 (Exhibit 3).

As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, Staff recommends awarding the construction contract to Legion Contractors, Inc., in the amount of the base bid totaling $3,366,625 (Exhibit 4).

City Council 13 – 2 9/19/2023
Award Construction Contract with Legion Contractors, Inc.

September 19, 2023

Page 3 ends

Legion Contractors, Inc. has not performed as a prime contractor in the City of Santa Ana within the past five years. A reference check was made and received good reviews from other public agencies regarding quality of work performed by Legion Contractors, Inc.

Project Delivery
To deliver a complete project, in addition to the construction contract bid amount, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $4,208,281.

Project Item Total
Construction Contract Bid Amount $3,366,625
Construction Administration, Inspection, Testing $504,994 Contract Contingencies $336,662

TOTAL ESTIMATED CONSTRUCTION DELIVERY
COST $4,208,281

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2021-97 was filed for the project.

FISCAL IMPACT
Project No. 20-2729 is the number assigned to the funding for tracking of all expenditures to deliver the construction of this project. As indicated in the Cost Analysis, the total construction delivery cost of the project is $4,208,281 which includes construction, contract administration, inspection, testing, and contingency.

The proposed contract enables Staff to authorize a construction cost increase of up to 25% if necessary for contingencies. Staff expects to utilize other available Public Works appropriations if a contingency becomes necessary to complete the project. If there are no other available appropriations, then Staff will return to City Council with a project update and recommendations.

The following table summarizes the funds budgeted and available in current FY 2023-24 (Exhibit 6) for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2024-25.

City Council 13 – 3 9/19/2023
Award Construction Contract with Legion Contractors, Inc.

September 19, 2023

Page 4 ends

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

Description
Amount

EXISTING BUDGET
2023-24 16113264-66220
(20-2729)
PRCSA
Capital Grants
2018 Parks Bond Act
Program, Improvements
Other Than Buildings
$3,248,403
2023-24 31313260-66220
(20-2729)
Residential
Development
District 3
Acquisition &
Development,
Improvements Other
Than Buildings
$290,818

APPROPRIATION ADJUSTMENT
2023-24 31313260-66220
(20-2729)
Residential
Development
District 3
Acquisition &
Development,
Improvements Other
Than Buildings
$669,060
Additional Budget/Budget Reallocation Total $669,060
Complete Total $4,208,281

EXHIBIT(S)

1. Location Map

2. Site Plan

3. Bid Proposal

4. Construction Contract

5. Cost Analysis

6. CIP Project Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 13 – 4 9/19/2023
PWA

SANTA ANA
PUBLIC WORKS AGENCY Project No. 19-6948 (ATPSBL-5063(195)):

West Willits Protected Bike Lanes from Fairview
Street to Raitt Street
EXHIBIT 1
Project No. 20-2729
Standard - McFadden Park Project Location
City Council 13 – 5 9/19/2023
EXHIBIT 2
City Council 13 – 6 9/19/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

STANDARD AND MCFADDEN PARK
P-1 of P-22
Bid Proposal
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM:

REQUIREMENT:

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

Item Description Qty Unit Unit Price Amount
1 Mobilization (no more than 5%
of total bid)
1 LS $ $
2 Clear and Grub 1 LS $ $
3 Construction Signage 1 LS $ $
4 Unclassified Excavation 885 CY $ $
5 Remove and Dispose of
Artificial Turf Soccer Field
9,350 SF $ $
6 Remove and Dispose of Existing
Chain Link Fence
102 LF $ $
7 Remove and Dispose of Existing
Bollards
50 EA $ $
8 Remove and Dispose of Existing
Trees and Tree Roots
1 EA $ $
9 Remove and Dispose of Existing
Water Service and Box to
existing Corp Stop & Cap
2 EA $ $
10 Remove and Dispose of Existing
Backflow Preventer and Lateral
& Cap at Main
1 EA $ $
11 6” PCC Curb 250 LF $ $
12 Rolling Gate 2 EA $ $
13 Rubber Surfacing 2,725 SF $ $
Legion Contractors, Inc.
160,000 160,000
86,000 86,000
5,000 5,000
125 110,625

3.50 32,725
130 13,260
100 5,000
4,500 4,500
5,000 10,000
10,000 10,000
75 18,750
12,500 25,000
27 73,575
EXHIBIT 3
City Council 13 – 7 9/19/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

STANDARD AND MCFADDEN PARK
P-2 of P-22
Item Description Qty Unit Unit Price Amount
14 6” Wide 0” Concrete Curb 1,036 LF $ $
15 Concrete Block Wall 780 SF $ $
16 CMU Block Wall w/ W.I. Fence 189 LF $ $
17 8" Thick PCC Pavement 7,920 SF $ $
18 8” Thick PCC Basketball Court 3,520 SF $ $
19 4" Thick PCC Sidewalk 2,940 SF $ $
20 Stabilized Decomposed Granite
Material
1,963 SF $ $
21 Site Fence and Pedestrian Swing
Gate and Arch
401 LF $ $
22 Park Sign at Site Fence 1 EA $ $
23 Concrete Bridge within Park 3 EA $ $
24 Concrete Bridge at Bus Stop 1 EA $ $
25 Regulatory Signage - Park 3 EA $ $
26 Rock Cobble Swale 12 TN $ $
27 Shade Sail Structure 1 LS $ $
28 Basketball Court Pole,
Backboard, Net
1 LS $ $
29 Basketball Court Marking and
Striping
1 LS $ $
30 Play Equipment 1 LS $ $
31 Fitness Equipment 1 LS $ $
32 Skate Park 1 LS $ $
33 Park Lights and Lighting System 1 LS $ $
34 Modular Wetland System
(MWS-L-4-5’-11”-V)
1 EA $ $
65 67,340
50 39,000
489 92,421
24 190,080
25 88,000
20 58,800
10 19,630
310 124,310
11,000 11,000
15,000 45,000
18,000 18,000
4,000 12,000
1,800 21,600
205,000 205,000
29,000 29,000
19,000 19,000
125,000 125,000
52,000 52,000
390,000 390,000
405,000 405,000
65,000 65,000
City Council 13 – 8 9/19/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

STANDARD AND MCFADDEN PARK
P-3 of P-22
Item Description Qty Unit Unit Price Amount
35 Modular Wetland System
(MWS-L-4-5’-8”-V)
1 EA $ $
36 12”x12” Grated Inlet with
Geotextile Fabric
2 EA $ $
37 12”x12” Grated Inlet with
Flogard Insert Filter
8 EA $ $
38 18”x18” Grated Inlet with
Flogard Insert Filter
1 EA $ $
39 3” SDR-35 PVC Storm Drain 28 LF $ $
40 6” SDR-35 PVC Storm Drain 530 LF $ $
41 12” SDR-35 PVC Storm Drain
with catch basin tie-in
63 LF $ $
42 3/4" SCH 40 Water Line 165 LF $ $
43 3/4" Ball Valve 2 EA $ $
44 Planting - Trees (24" Box) 39 EA $ $
45 Planting Area - Shrubs and
Ground Cover
9,786 SF $ $
46 Soil Preparation and Amendment 13,766 SF $ $
47 3” Thick Wood Mulch 91 CY $ $
48 Marathon Turf 3,980 SF $ $
49 Irrigation System 13,766 SF $ $
50 90 Calendar Days Landscape and
Irrigation Maintenance
1 EA $ $
51 6’ Bench 5 EA $ $
52 Bike Rack 4 EA $ $
53 Trash Receptacle 4 EA $ $
54 Dining Table and Chairs Set 3 EA $ $
55 Drinking Fountain 2 EA $ $ 8,000 16,000
4,500 13,500
700 2,800
450 1,800
3,500 17,500
65,000 65,000
3,000 6,000
4,000 32,000
5,000 5,000
60 1,680
85 45,050
105 6,615
60 9,900
2,000 4,000
750 29,250
5 48,930

1.19 16,381.54
100 9,100
3 11,940

10.50 144,543
5,000 5,000
City Council 13 – 9 9/19/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

STANDARD AND MCFADDEN PARK
P-4 of P-22
Item Description Qty Unit Unit Price Amount
56 Construction Permit 1 LS $10,000 $
57 Landscape Boulder 17 EA $ $
58 Project Advertisement Sign 1 LS $ $
59 3D Learning Elements 3 EA $ $
60 6” Wide Concrete Mow Curb at
Rubber Surfacing
179 LF $ $
61 PCC Alley Driveway and Apron 1 EA $ $
62 Goalpher Soccer Goal 1 EA $ $
63 36” Diameter Detention Basin
Pipe
118 LF $ $
64 1” Domestic Water Service 1 EA $ $
65 2” Irrigation Water Service 1 EA $ $
66 2” Reduced Pressure Backflow
Devices (RPBD)
1 EA $ $
67 8” PCC Curb and Gutter 15 LF $ $
68 12“ Atrium Grate 4 EA $ $
69 4” Rolled Curb 22 LF $ $
70 24” Wide AC Pavement Trench
Pavement
42 LF $ $
71 Security Camera System 1 LS $ $ 68,000 68,000
200 8,400
160 3,520
2,500 10,000
250 3,750
5,500 5,500
3,500 3,500
3,500 3,500
150 17,700
20,000 20,000
25,000 25,000
150 26,850
3,000 9,000
10,000
1,400 23,800
4,500 4,500
City Council 13 – 10 9/19/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

STANDARD AND MCFADDEN PARK
P-5 of P-22
Item Description Qty Unit Unit Price Amount
TOTAL BASE BID $
The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add-alternate bid items (if any). 3,366,625.54
City Council 13 – 11 9/19/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

STANDARD AND MCFADDEN PARK

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

The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $4,400.00 per calendar day.

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729
STANDARD AND MCFADDEN PARK.

BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto.

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

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

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

Name ofFirm
Title President, Secretary, Treasurer and Manager
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council P-7 ofP-22 13 – 13 9/19/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

STANDARD AND MCFADDEN PARK
Contractor's Licensing and Registration Statement
The undersigned c.ontractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct.

Contractor's Name: Legion Contractors, Inc. - Corporation Business Address: 18008 Sky Park Cir., Suite 290, Irvine, CA 92614 Business E-Mail Address: _.:..:..:ln::..;;fo�@.:.;;l;;:.Jeg�io::..:.n::..;;C..;;.on;.;.:t::..;;ra..;;.ct;;;.ors=.co::..:.m.:..:...._ ______________ _ Telephone: 415-655-3535
State Contractor's License No. and Class: 1061257, Classes: A, B, C15, C36, C61/D12, C61/D34 License Expiration Date: 12/31/2023
State Dept. of Industrial Relations (DIR)
Registration No.:

State Dept. of Industrial Relations (DIR)
PW-LR-1000543172
6/30/2024 R��•�
Signed.
tion ��!llJ' ------
Title: .;....:..::..::.=.::...;.;. President___________________________ _ City Council P-8 ofP-22 13 – 14 9/19/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

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

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

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

The undersigned certifies that the foregoing is true and correct. ==•
F
�:

ID
:::
nco�----�
Title President
(if an individual, so state)
City Council P-9 of 13 – P-22 15 9/19/2023
City Council 13 – 16 9/19/2023
City Council 13 – 17 9/19/2023
City Council 13 – 18 9/19/2023
City Council 13 – 19 9/19/2023
City Council 13 – 20 9/19/2023
City Council 13 – 21 9/19/2023
City Council 13 – 22 9/19/2023
List of Sub-Contractors

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

STANDARD AND MCFADDEN PARK
Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount:
o Streets, highways including bridge projects: ½% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ½% of the bid
Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR).

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

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

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

Location Location
Phone Phone
TypeOfWork TypeOfWork
Amount$ Amount$
Name Name
License #/Exp. License #/Exp.

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

License # License#
Location Location
Phone Phone
TypeOfWork TypeOfWork
Amount$ Amount$
Name Name
License #/Exp. License #/Exp.

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

License # License#
Location Location
Phone Phone
TypeOfWork TypeOfWork
Amount$ Amount$
P-13 of P-22
D2L Construction, Inc.
543 Palisades Dr., Pacific Palisades, CA
1000604650 / Expires 06/30/2024
(310) 422-3584
1065415 / Expires 04/30/2024
Electrical
1017008 / Expires 08/31/2024
1000046245 / Expires 06/30/2024
Raygoza Landscaping
1017008 Class: C27 , C61/D49
2373 Los Flores Street, Pomona, CA 91767
Landscaping & Irrigation
(909) 917-4478
Zuma Construction Group, Inc.

Fencing
3649 Birdsong Ave., Thousand Oaks, CA 91360
1071624 / Expires 01/31/2024
1000888324 / Expires 06/30/2024
(310) 486-8201
Robertson Industries, Inc.
667261 / Expires 03/31/2025
1000002700 / Expires 06/30/2024
667261 Class: C61/D12
2140 East Cedar Street, Tempe, AZ 85281
(800) 858-0519
Turf
$65,400
Siemens Industry, Inc.
758796 / Expires 02/28/2025
1000002447 / Expires 06/30/2024
758796 Class: C10, C16, C20, B
Branch: 6141 Katella Avenue, Cypress, CA 90630
(657) 413-8648
Video Systems
$62,697.23
1000006579 / Expires 06/30/2026
662625 / Expires 02/29/2024
662625 Class: C32, A
12397 Doherty Street, Riverside, CA 92503
(951) 817-0770
Basketball Court Surfacing
$13,380
TrueLine Construction & Surfacing Inc.
150,000 165,000
144,000
City Council 13 – 23 9/19/2023
List of Sub-Contractors

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

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

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

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

Location Location
Phone Phone
TypeOfWork TypeOfWork
Amount$ Amount$
Name Name
License #/Exp. License #/Exp.

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

License # License#
Location Location
Phone Phone
TypeOfWork TypeOfWork
Amount$ Amount$
Name Name
License #/Exp. License #/Exp.

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

License # License#
Location Location
Phone Phone
TypeOfWork TypeOfWork
Amount$ Amount$
P-13 of P-22
California Skateparks
962150 / Expires 06/30/2025
1000016308 / Expires 06/30/2025
273 N Benson Ave, Upland, CA 91786
(909) 949-1601
Skate Park
$353,000
City Council 13 – 24 9/19/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

STANDARD AND MCFADDEN PARK
P-14 of P-22
References
The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years.

1. Name and Address of Owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

2. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

3. Name and Address of owner.

Name and Telephone Number of person familiar with project.

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

City of Huntington Beach - 2000 Main Street, Huntington beach, CA 92648 Park Renovation 12/30/2022
Brian Polivka - (714) 536-5525
$2,800,000
San Jose Unified School District - 855 Lenzen Ave., San Jose, CA 95126 Mohammad Mhanna - (650) 440-8861
$3,400,000 School & Playground Modernization 11/30/2021 Camp Fire Angeles (City of Long Beach) - 7070 E. Carson St., Long Beach, CA 90808 Danny Kaye - (818) 986-9870
$1,750,000 Park Renovation 01/20/2023
Insurance: Federated Mutual Insurance Company - P.O. Box 486, Owatonna, MN 55060-0486 Contact: Austin Bond - (913) 980-8790
Surety: Great Midwest Insurance Company - 800 Gessner Rd., Suite 600, Houston, TX 77024 Agent: R S Bonding & Insurance Agency, Inc. - 1633 E. 4th St., Suite 228, Santa Ana, CA 92701 Contact: Randy Spohn - (714) 541-4700
City Council 13 – 25 9/19/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

STANDARD AND MCFADDEN PARK
P-15 of P-22
Additional References
The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years.

1. Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

2. Name and Address of owner.

Name and Telephone Number of person familiar with project.

Contract Amount Type of Work Date Completed

3. Name and Address of owner.

Name and Telephone Number of person familiar with project.

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

Glendale Community College District - 1500 N Verdugo Rd, Glendale, CA 91208 Name and Address of Owner.

Silva Sorkazian - (818) 551-5221
$2,070,000 Campus Renovation - DSA #03-120226 12/31/2020 Buena Park School District - 6885 Orangethorpe Ave., Buena Park, CA 90620 Jeff Thomas - (714) 315-2299
$750,000 Shade Structure & Playground Renovation 06/ 30/2023 Insurance: Federated Mutual Insurance Company - P.O. Box 486, Owatonna, MN 55060-0486 Contact: Austin Bond - (913) 980-8790
Surety: Great Midwest Insurance Company - 800 Gessner Rd., Suite 600, Houston, TX 77024 Agent: R S Bonding & Insurance Agency, Inc. - 1633 E. 4th St., Suite 228, Santa Ana, CA 92701 Contact: Randy Spohn - (714) 541-4700
City of Palo Alto - 250 Hamilton Ave., Palo Alto, CA 94301 Peter Jensen - (650) 617-3183
$1,400,000 Tennis Court & Park Renovation 11/18/2022
City Council 13 – 26 9/19/2023
City Council 13 – 27 9/19/2023
City Council 13 – 28 9/19/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

STANDARD AND MCFADDEN PARK
P-17 of P-22
Non-Discrimination Certificate
The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows:

1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that 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 Contractor 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 Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

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

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

5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Contractor’s non-compliance with the 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 Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

City Council 13 – 29 9/19/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

STANDARD AND MCFADDEN PARK

7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor 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 contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.

Signed:

Title:

Firm:

Date:

President
Legion Contractors, Inc.

July 20, 2023
City Council P-18 of 13 – P-2230 9/19/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

STANDARD AND MCFADDEN PARK
Statement Regarding Apprenticeship Requirements
The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall:

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

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

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

Signed:

Title:

Firm:

Date:

President
Legion Contractors, Inc.

July 20, 2023
City Council P-19 of 13 – P-2231 9/19/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

STANDARD AND MCFADDEN PARK
Statement Regarding "Anti-Kickback" Requirements
The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti-Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled.

Signed:

Title:

Finn:

Date:

President
legion Contractors, Inc.

July 20, 2023
City Council P-20 ofP-22 13 – 32 9/19/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

STANDARD AND MCFADDEN PARK
P-21 of P-22
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire:

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

X
City Council 13 – 33 9/19/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

STANDARD AND MCFADDEN PARK
P-22 of P-22 City Council 13 – 34 9/19/2023
BA20230461465
Entity Details
Corporation Name LEGION CONTRACTORS, INC
Entity No. 4282259
Formed In CALIFORNIA
Street Address of Principal Office of Corporation
Principal Address 18008 SKY PARK CIR
290
IRVINE, CA 92614
Mailing Address of Corporation
Mailing Address 18008 SKY PARK CIR
290
IRVINE, CA 92614
Attention
Street Address of California Office of Corporation
Street Address of California Office 18008 SKY PARK CIR
290
IRVINE, CA 92614
Officers
Officer Name Officer Address Position(s)
• AMIR MOVAFEGH 18008 SKY PARK CIR
290
IRVINE, CA 92614
Chief Executive Officer, Secretary, Chief Financial Officer Additional Officers
Officer Name Officer Address Position Stated Position
None Entered
Directors
The number of vacancies on Board of Directors is: 0
Director Name Director Address
• Amir Movafegh 18008 SKY PARK CIR
290
IRVINE, CA 92614
Agent for Service of Process
Agent Name AMIR MOVAFEGH
Agent Address 18008 SKY PARK CIR
290
IRVINE, CA 92614
Type of Business
Type of Business CONSTRUCTION
Email Notifications
Opt-in Email Notifications Yes, I opt-in to receive entity notifications via email.

Labor Judgment

STATE OF CALIFORNIA
Office of the Secretary of State

STATEMENT OF INFORMATION

CORPORATION
California Secretary of State
1500 11th Street
Sacramento, California 95814
(916) 653-3516
B1597-2958 03/17/2023 3:01 PM Received by California Secretary of State

Page 1 of 2 ends

For Office Use Only
-FILEDFile No.: BA20230461465
Date Filed: 3/17/2023
City Council 13 – 35 9/19/2023
No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code.

Electronic Signature
By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign.

Amir Movafegh
Signature
03/17/2023
Date
B1597-2959 03/17/2023 3:01 PM Received by California Secretary of State

Page 2 of 2 ends

City Council 13 – 36 9/19/2023

CITY OF SANTA ANA

CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 20-2729
STANDARD – MCFADDEN PARK

Page 1 of 4 ends

This CONSTRUCTION CONTRACT is made and entered into this 19th day of September, 2023 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and Legion Contractor’s, Inc. (hereinafter “CONTRACTOR”).

WITNESSETH:

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

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

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

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Three Million Three Hundred Sixty-Six Thousand Six Hundred Twenty-Five Dollars and Fifty-Four Cents ($3,366,625.54), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A,” and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction.

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

EXHIBIT 4
City Council 13 – 37 9/19/2023

CITY OF SANTA ANA

CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 20-2729
STANDARD – MCFADDEN PARK

Page 2 of 4 ends

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

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

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

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

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

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

10. INDEMNIFICATION.

To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier;
City Council 13 – 38 9/19/2023

CITY OF SANTA ANA

CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 20-2729
STANDARD – MCFADDEN PARK

Page 3 of 4 ends

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

Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Construction Contract. With respect to any conflict between such federal requirements and the terms of this Construction Contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. [signature page to follow]
[This space intentionally left blank]
City Council 13 – 39 9/19/2023

CITY OF SANTA ANA

CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 20-2729
STANDARD – MCFADDEN PARK

Page 4 of 4 ends

IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written.

ATTEST: CITY OF SANTA ANA

KRISTINE RIDGE
City Manager
CONTRACTOR:

JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney Legion Contractor’s, Inc.

By:

JOSE MONTOYA NAME: AMIR MOVAFEGH
Assistant City Attorney TITLE: President
RECOMMENDED FOR APPROVAL:

NABIL SABA, PE
Executive Director
Public Works Agency
City Council 13 – 40 9/19/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

STANDARD AND MCFADDEN PARK
P-1 of P-22
Bid Proposal
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM:

REQUIREMENT:

3.50 32,725
130 13,260
100 5,000
4,500 4,500
5,000 10,000
10,000 10,000
75 18,750
12,500 25,000
27 73,575
Exhibit A
City Council 13 – 41 9/19/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

1.19 16,381.54
100 9,100
3 11,940

10.50 144,543
5,000 5,000
City Council 13 – 43 9/19/2023

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 20-2729

STANDARD AND MCFADDEN PARK

The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $4,400.00 per calendar day.

Name of Firm Legion Contractors, Inc. - Corporation
Title President, Secretary, Treasurer and Manager
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council P-6 ofP-22 13 – 46 9/19/2023
EXHIBIT 5
Construction Contract $ 3,366,625.54
Contract Administration, Inspection and Testing $ 504,993.83 Contingencies $ 336,662.55
TOTAL ESTIMATED CONSTRUCTION COSTS $ 4,208,281.93
CONSTRUCTION OF PROJECT NO. 20-2729: Standard - McFadden Park Project

COST ANALYSIS
City Council 13 – 47 9/19/2023
CITY OF SANTA ANA FY 23/24CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

The project develops the existing vacant, unused parcel of land into a new park, which would include a skate area, exercise area, playground area, walking loop, open space and basketball court.

The project will also include drought tolerant landscaping, river-rock bio-swale, and a picnic area. For security and safety, a complete lighting system will be included as well as fencing to act as a barrier between the park and street.

PROJECT NEED:

The Standard - McFadden Park Project will transform the existing underutilized and poorly furnished City park located at the northeast corner of Standard and McFadden Avenue into a park with an abundance of amenities catered to serve the surrounding community.

PROJECT TITLE:

Standard-McFadden Park
PROJECT CATEGORY:

City & Park Facility Improvements
Park Facility

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works CIP Engineering Gabriel Guerrero-Gabany, Civil Engineer 19-Sep-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 3,366,625 - - - - - -
Contingency 336,662 - - - - - -
Engineering 614,176 - - - - - -
Other 351,597 - - - - - -
TOTAL 4,669,060 - - - - - -
SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 3,600,000 - - - - - -
A & D District 3 1,069,060 - - - - - -
TOTAL 4,669,060 - - - - - -
EXHIBIT 6
2018 Parks Bond Act
City Council 13 – 48 9/19/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 19, 2023
TOPIC: Traffic Calming Improvements Phase 1

AGENDA TITLE
Approve an Amendment to the Fiscal Year 2023-24 Capital Improvement Program for $53,000 and Award a Construction Contract to Hardy & Harper, Inc. in the Amount of $540,000 for the Traffic Calming Phase 1 in Five Separate Locations on Grovemont St., Civic Center Dr., Walnut St., Myrtle St., and Cypress Ave., with an Estimated Project Delivery Cost of $648,000 (Project No. 23-6034) (General Fund)

RECOMMENDED ACTION

1. Approve an amendment to the FY 2023-24 Capital improvement Program to include $53,000 in construction funds for the Traffic Calming Phase 1 (Project No. 23- 6034).

2. Authorize the City Manager to reject the bid submitted by HZS Engineering and Construction as non-responsive and award a construction contract to Hardy & Harper, Inc. the lowest responsible bidder, in accordance with the base bid in the amount of $540,000 for construction of the Traffic Calming Phase 1, for a term beginning September 19, 2023 and ending upon project completion , and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $648,000, which includes $540,000 for the construction contract; $54,000 for contract administration, inspection, and testing; and a $54,000 project contingency for unanticipated or unforeseen work.

4. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023-35 was filed for the project.

DISCUSSION
The City has identified the need to undertake the installation of traffic calming and traffic safety devices at six different locations throughout the city (Exhibit 1). This project meets the intent of the funding source by constructing new wheelchair ramps, Rectangular Rapid Flashing Beacon (RRFB), angular parking, crosswalks, raised City Council 14 – 1 9/19/2023
Award Construction Contract for Traffic Calming Improvements Phase 1 September 19, 2023

Page 2 ends

crosswalk, speed cushions, and enhancing pedestrian crossings through implementation of new signage and striping. Once these pedestrian and mobility improvements are completed, it will increase traffic safety for pedestrians and all road users.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 900 regional vendors via PlanetBids, many of which are Santa Ana based. Thirty-three vendors requested bidding documents and a total of four bids were received. The lowest responsive bid was received from Hardy & Harper, Inc.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on May 26, 2023 and June 2, 2023. The project was also advertised in PlanetBids from May 26, 2023 through June 15, 2023. Bids were received electronically via PlanetBids on June 15, 2023.

Bid Results Summary
Rank Bidder’s Name Location Base Bid
1 Hardy & Harper, Inc. Lake Forest, CA $540,000
2 EBS General Engineering Inc. Corona, CA $646,181
3 Excel Paving Co Long Beach, CA $689,680
NR HZS Engineering and Construction Santa Ana, CA Non-Responsive A total of four bids were received, three bids were responsive, and one bid was deemed non-responsive. Hardy & Harper, Inc. submitted the lowest responsive base bid in the amount of $540,000 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, Staff recommends awarding the construction contract to Hardy & Harper, Inc., in the amount of the base bid totaling $540,000 (Exhibit 3).

Hardy & Harper, Inc. is currently the contractor for the Santa Clara Avenue Bike Lane and Pedestrian Improvements, Project 22-6997. The construction inspector and project manager are satisfied with the quality of work performed for the City.

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along City Council 14 – 2 9/19/2023
Award Construction Contract for Traffic Calming Improvements Phase 1 September 19, 2023

Page 3 ends

with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management, and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $648,000.

Project Item Total
Construction Contract Bid Amount $540,000
Construction Administration, Inspection, Testing $54,000 Contract Contingencies $54,000
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $648,000

FISCAL IMPACT
Project No. 23-6034 is the number assigned to the funding for tracking of all expenditures to deliver the construction of this project. As indicated in the Cost Analysis, the total estimated construction delivery cost of the project is $648,000, which includes construction, contract administration, inspection, testing, and contingency.

The proposed contract enables Staff to authorize a construction cost increase of up to 25% if necessary for contingencies. Staff expect to utilize other available Public Works appropriations if a contingency becomes necessary to complete the project. If there are no other available appropriations, then Staff will return to City Council with a project update and recommendations.

The following table summarizes the funds budgeted and available in current FY 2023-24 (Exhibit 5) for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2024-25.

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

Description
Amount
Existing Budget
2023-24 01117620-66220
(23-6034) General Fund
PW-Traffic/Trans –
Service
Enhancement,
Improvement Other
Than Buildings
$595,000
City Council 14 – 3 9/19/2023
Award Construction Contract for Traffic Calming Improvements Phase 1 September 19, 2023

Page 4 ends

Additional Budget
2023-24 01117620-66220
(23-6034) General Fund
PW-Traffic/Trans –
Service
Enhancement,
Improvement Other
Than Buildings
$53,000
Total $648,000

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. CIP Project Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 14 – 4 9/19/2023
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 22-6034:

Traffic Calming Improvements Phase I
Exhibit 1
EXHIBIT 1
City Council 14 – 5 9/19/2023
EXHIBIT 2
City Council 14 – 6 9/19/2023
City Council 14 – 7 9/19/2023
EXHIBIT 3
City Council 14 – 8 9/19/2023
City Council 14 – 9 9/19/2023
City Council 14 – 10 9/19/2023
City Council 14 – 11 9/19/2023
City Council 14 – 12 9/19/2023
EXHIBIT 4
Construction Contract 540,000.00 $
Contract Administration, Inspection and Testing 54,000.00 $ Contingencies 54,000.00 $
TOTAL ESTIMATED CONSTRUCTION COSTS 648,000.00 $
CONSTRUCTION OF PROJECT NO. 23-6034: Traffic Calming Improvements Phase 1

COST ANALYSIS
City Council 14 – 13 9/19/2023
CITY OF SANTA ANA FY 23/24CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Installation of traffic calming or traffic safety devices at various locations. Raised Crosswalk: Adams St & Spruce St; Adams St & Artesia St. Speed Humps: Deodar St. from Avalon Ave to 17th St; Grovemont from Ponderosa St. to Deodar St; Cypress from St.

Andrew to Edinger Ave; Myrtle from Raitt St. to Bristol St. Parking Improvements: Angled Parking on Walnut St. Flashing Beacon Crosswalk: Civic Center and French St.

PROJECT NEED:

Project is designed to increase pedestrian and bicyclist traffic safety.

PROJECT TITLE:

Traffic Calming ImprovementsPhase 1
PROJECT CATEGORY:

Traffic Improvements
Traffic Improvements

LOCATION MAP

CITYWIDE
AGENCY: DIVISION: CONTACT: DATE:

Public Works Traffic Engineering Ruben Castaneda, Senior Engineer 19-Sep-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 53,000 - - - - - -
TOTAL 53,000 - - - - - -
SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 GENERAL FUND 53,000 - - - - - -
TOTAL 53,000 - - - - - -
EXHIBIT 5
City Council 14 – 14 9/19/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 19, 2023
TOPIC: Agreements for On-Call Right-of-Way Coordination Services

AGENDA TITLE
Approve Agreements with Interwest Consulting Group, Inc. and Epic Land Solutions, Inc. for On-Call Right-of-Way Coordination Services in an Aggregate Amount Not to Exceed $250,000 for up to a Five-Year Term (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute agreements with Interwest Consulting Group, Inc. and Epic Land Solutions, Inc. to provide on-call right-of-way coordination services for a shared aggregate amount not to exceed $250,000, for a three-year term beginning September 19, 2023 and expiring on September 18, 2026, with the provision for one, two-year extension, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On June 13, 2023, the Public Works Agency (PWA) released Request for Proposal (RFP) No. 22-150 to select professional firms that provide on-call right-of-way coordination services on an as-needed or on-call basis for the PWA Engineering division (Exhibit 1). These services are required to augment City staff efforts during the following: real property, furniture, fixtures, and equipment appraisals; acquisition, relocation, and property management; and right of way program management.

The RFP was advertised on the City’s online procurement management and publication system, PlanetBids, with electronic proposals due on June 6, 2023. Two responsive proposals were received and evaluated by a selection committee composed of PWA staff and based on criteria outlined in the RFP, both firms were selected for this on-call agreement. The following table summarizes the responding firms:

Firm City
Interwest Consulting Group, Inc. Irvine, CA
Epic Land Solutions, Inc. Torrance, CA
Based upon the scope of work and selection criteria outlined in RFP 22-150, Staff recommends awarding on-call agreements with both responding professional consultants, which will allow the consultants to bid on future engineering task orders City Council 15 – 1 9/19/2023
Agreements for On-Call Right-of-Way Coordination Services September 19, 2023

Page 2 ends

(Exhibits 2-3). The selected proposals demonstrate that these firms have the necessary capacity and expertise to complete the required services. The consultant’s rates are reasonable and within industry standard, the teams’ qualifications are appropriate, and the selected proposals were determined to provide the best value for the City.

Both Interwest Consulting Group, Inc. and Epic Land Solutions have established an efficient history of work on different City projects under various On-Call Agreements for their respective services.

FISCAL IMPACT
There is no fiscal impact at this time. The Public Works Agency will follow the established on-call services process during the FY 2024-2027 contractual term for requesting necessary fiscal review and authorization. Prior to utilizing the on-call services for any of these future task orders, PWA staff must receive Finance and Management Services Agency approval of funding and project activities to be used to ensure funds are available under the authorization limit of $250,000. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued.

Funds will be budgeted and available for expenditure for the remaining FY 2023-24, and carried forward for consideration in future fiscal years within the Agreement terms in the following, and various other, Public Works Contract Services-Professional Accounts:

Division Account
City Facilities License Agreement 01117605-62300
Traffic and Transportation Engineering 01117620-62300
Traffic Signal Maintenance 02917620-62300
Sanitary Sewer Enterprise 05417647-62300
Sanitary Sewer Enterprise 05517660-62300
Sanitary Sewer Enterprise 05617640-62300
Fed Clean Water Protection 05717640-62300
Residential Street Improvement 05817660-62300
Water Enterprise 06017645-62300
Water Enterprise 06617647-62300
Construction Engineering 08617611-62300
Design Engineering 08617612-62300
Traffic Engineering 08617620-62300
Administrative Services 10117601-62300
Development Engineering 10117605-62300
CIP Project Funding Various
Street Lights Maintenance 01117630-62300
Roadway Marking/Signs 01117625-62300
Graffiti Abatement Program 01117642-62300
City Council 15 – 2 9/19/2023
Agreements for On-Call Right-of-Way Coordination Services September 19, 2023

Page 3 ends

Street Trees 01117643-62300
Sidewalks 01117626-62300
Environment/Sanitation 06817640-62300
Roadway Cleaning 06817641-62300
Median Landscaping 02917635-62300
Roadway Maintenance 02917660-62300
PWA Right of Way 01117622-62300

EXHIBIT(S)

1. RFP #22-150 On-Call Right-of-Way Coordinator

2. Agreement with Interwest Consulting Group, Inc.

3. Agreement with Epic Land Solutions, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 15 – 3 9/19/2023

REQUEST FOR PROPOSALS (RFP)
FOR

ON-CALL RIGHT OF WAY COORDINATOR
RFP NO.: 22-150
Approved for Release:

CITY OF SANTA ANA
Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, CA 92701
Hayley Gilbert
Project Manager
(714) 647-5059 Office
[email protected]
KEY RFP DATES (Subject to change at discretion of City):

Issue Date:

Deadline for Requests for [nformation:
�P�
· Executive Director
Public Works Agency
Proposal Due Date:

Projected Award Date:

June 13, 2023
June 29, 2023
July 6, 2023 at 2:00 p.m. PST
August 15,2023
EXHIBIT 1
City Council 15 – 4 9/19/2023
City of Santa Ana RFP 22-150

Page 2 ends

NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for on-call Right of Way Coordinator.

Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than July 6, 2023 at 2:00 p.m. Proposals received after this date/ time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time.

Additionally, it is a requirement that hard copy proposals be delivered to the Public Works Agency drop box located on the first floor of Ross Annex across from the Development Permit counter in an enclosed sealed envelope and marked clearly with the following:
“SEALED PROPOSAL FOR

ON-CALL RIGHT OF WAY COORDINATOR
RFP NO. 22-150

IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL.”
City of Santa Ana
Attn.: Hayley Gilbert
Public Works Agency; M-36
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic submittal by the deadline is suffice. For further instructions regarding hard copy submission of proposals, refer to PlanetBids.

All notifications, requests for information, updates and addenda will be posted online on PlanetBids 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 qualification.

City Council 15 – 5 9/19/2023
City of Santa Ana RFP 22-150

Page 3 ends

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. CITY RIGHT TO REJECT
I. 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 10
A. KICK-OFF MEETING
B. NOTICE TO PROCEED
VII. PUBLIC RECORDS 11
VIII. APPENDIX
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: AGREEMENT
ATTACHMENT 3: CERTIFICATION
City Council 15 – 6 9/19/2023
City of Santa Ana RFP 22-150

Page 4 ends

I. INTRODUCTION / PROJECT DESCRIPTION
Nature of Work:

The City of Santa Ana is seeking a qualified On-Call Right of Way Coordinating firm for the City of Santa Ana Public Works Agency on an as-needed basis.

Number of Proposals and Signature:

Five (5) hard copies are required to accompany an electronic submittal of the complete proposal package on PlanetBids. One of the hard copies shall be marked as “ORIGINAL” and be signed by a company official with the power to bind the company, and submitted to the City of Santa Ana. Please be explicit in identifying the appropriate person with legal authority to bind the company.

The Statement of Qualifications shall be limited to a maximum of (10) 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 RFP submitted will take the following items into consideration:
• Firm/Team Experience 25%
• Understanding of Need 30%
• Relevant Project Experience 30%
• Schedule of Delivery 10%
• References 5%

The City has established a proposal review committee to evaluate proposers based on the response to this RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers.

Project Funding:

Funding sources for each project 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.

City Council 15 – 7 9/19/2023
City of Santa Ana RFP 22-150

Page 5 ends

Term of Contract Agreement:

The term of these contracts shall be for three years with a City option for 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.

City Council 15 – 8 9/19/2023
City of Santa Ana RFP 22-150

Page 6 ends

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 proposer will assume responsibilities for all services in its proposal. The selected proposer 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. Contact information such as email and phone number must be included into the proposal.

Evidence of Financial Capacity: Proposer 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 to the Q&A section located in PlanetBids no fewer than five (5) calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.

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 PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents.

E. LICENSES & PERMITS
The selected proposer 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, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work.

City Council 15 – 9 9/19/2023
City of Santa Ana RFP 22-150

Page 7 ends

F. INSURANCE
The Selected Proposer 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 Proposer with a “New Vendor Checklist”, which outlines insurance requirements.

G. PAYMENT INFORMATION PACKET
The selected proposer 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
Should a pre-proposal meeting be scheduled, the date, time, and location is identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question-and-answer session. It is highly recommended that the Proposer’s key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in “Section D: Addenda.” 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 subcontractor(s) shall be identified in response to this RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors.

J. BID PROTESTS
Proposers with concerns or rebuttal of any staff determination of non-responsiveness or non- responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or her designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by the Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder.

City Council 15 – 10 9/19/2023
City of Santa Ana RFP 22-150

Page 8 ends

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 at the date, time, and location 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: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix.
c. Firm and Team Experience: Proposal shall include a profile of the firm’s experience. Include resumes of project team/sub-consultants that will be providing services which 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 and will be the person to conduct the presentation, if invited for an interview.

City Council 15 – 11 9/19/2023
City of Santa Ana RFP 22-150

Page 9 ends

d. Understanding of Need: Proposal shall include an outline which demonstrates the firm’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, client name and contact information, and name of consultant project manager. City of Santa Ana staff may conduct site visits at select projects.
f. Schedule of Delivery: Proposal shall detail the work phases to be completed, the tasks to be accomplished and the deliverables to be provided in order to satisfy the Scope of Work, including the time required to complete each task.
g. References: Proposals shall include a listing of relevant projects with references for three public entities with valid current emails for which Proposer has performed similar work within the past five (5) years.

2. SCOPE OF SERVICES AND SCHEDULE:

Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work detailed in Attachment 1 of this RFP.

3. FEE PROPOSAL:

The fee proposal shall be submitted separate and concurrently with the technical proposal, both submitted electronically in PlanetBids and as a hard copy in a separately sealed envelope, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule as outlined in the Scope of Work. 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.

City Council 15 – 12 9/19/2023
City of Santa Ana RFP 22-150

Page 10 ends

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 at least (3) City staff from multiple departments. The committee may interview the top ranking proposers. The City will recommend award of contracts to the proposers who will provide the best value 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 proposal review committee and acceptance from Funding agency following financial audit, the Project Manager will recommend award contracts to the three top-ranking proposers that will provide the best value to the City.

B. EXECUTION OF AGREEMENT
The Scope of Services, Schedule, 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.

VI. IMPLEMENTATION
A. KICK-OFF MEETING
A kick-off meeting will be held after award of contracts. Consultants and their team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation processes.

City Council 15 – 13 9/19/2023
City of Santa Ana RFP 22-150

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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.

For “On-Call” contracts, individual City Project Managers will request project/task specific proposals from Consultants on an as-needed basis. Proposals will then be evaluated by City staff and written NTPs will be issued accordingly per each task order.

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 15 – 14 9/19/2023
City of Santa Ana RFP 22-150
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

ON-CALL RIGHT OF WAY COORDINATOR
RFP NO. 22-150

INTRODUCTION

The City of Santa Ana is issuing this Request for Proposals (RFP) to seek a qualified Right-ofWay Consultant to provide right-of-way coordinating services for the City of Santa Ana Public Works Agency on an as-needed basis. From the proposals received, it is the City’s goal to select one firm to enter into agreement for a not to exceed amount of $XXX,XXX.

Minimum Qualifications:

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

Description of Work:

Consultant under contract with the City of Santa Ana will provide support and services to City of Santa Ana staff or their designee on an as-needed basis. The Consultant shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP).
 The Consultant shall perform work to produce a high quality, professional and complete work product.
 Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards.
 Work may include, but not be limited to, the following: onsite review of the project area; review of existing records; conducting research and performing analysis; information gathering; negotiations; development of strategies.
 The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies.
 The Consultant has total responsibility for the accuracy and completeness of the work City Council 15 – 15 9/19/2023
City of Santa Ana RFP 22-150
Page A1-2
produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant.
 The Consultant shall be responsible for coordination and supervision of all work performed by its sub-consultants. The Consultant shall review all work performed by its subconsultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant.
 The Consultant shall have a Quality Assurance/Quality Control (QA/QC) plan in effect during the entire time work is performed under the Agreement. The QA/QC plan is intended to ensure that the appraisals, maps, reports, plans, studies, estimates, agreements and other documents submitted under assigned Scope of Work are complete, accurate, checked, and proofread to meet professional standard practice requirements, and to monitor work for conformance with the appropriate standards and policies. Additionally, all electronic files shall conform to the City’s file naming system.
 The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City’s needs.  The Consultant’s work will be subject to inspection and audit by City, County, State and Federal representatives.
 Project files including copies of all correspondences, reports, documents, and electronic files shall be managed online to be shared among the City and various Consultants and update weekly. The schedule and/or status report shall be updated frequently.  All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City.  The Consultant will receive written notification of the award of the contract. Upon on such notification, the Consultant will proceed with the services required by the Agreement.

SCOPE OF SERVICES
Assist City staff overseeing all the right of way and real estate services. Ensuring all work will be performed in accordance with the public agency’s policies and procedures and federal, state and local regulations. Consultant shall assign one staff as Project Coordinator managing and overseeing the following tasks including, but not limited to:
 Administration of all right-of-way related consultant contracts including but not limited to: 1) Property appraisal; 2) Furniture, fixture and equipment appraisal; 3) Business goodwill appraisal; 4) Acquisition/relocation and property management services; and 5) City real estate properties.

City Council 15 – 16 9/19/2023
City of Santa Ana RFP 22-150
Page A1-3
 Prepare Weekly Project Summary Reports for review by City Legal Staff  Review consultant invoices and recommend payment to City  Review consultants schedule for acquisition/relocation and monitor progress.  Review relocation claim and monitor status of relocation and eviction efforts in accordance with the Uniform Relocation and Real Property Acquisition Act of 1970 (Uniform Act); the California Relocation Assistance and Real Property Acquisition Guidelines; CITY’s Real Property Policies and Procedures and any other applicable regulations.
 Review Title reports and identify pertinent information  Review and comment on real estate appraisals
 Review and comment on improvements pertaining to realty, furniture, fixtures and equipment appraisals
 Review and comment on loss of business goodwill appraisals  Review and comment on acquisition tasks such as offer packages  Monitor negotiations done by other consultants
 Prepare documentation for administrative settlements
 Provide Condemnation support
 Monitor Demolition activities
 Recommend amount of just compensation. The CITY shall make the final determination of just compensation.
 Review title and escrow services necessary for the acquisition of real property, which include, but are not limited to, preliminary title reports, litigation guarantees, policies of title, title searches, document searches, document preparation, estimates of closing costs, escrow instructions, and other documents.
 Review all documents for submission and delivery to escrow companies; review title and escrow documents; ensure that CITY is acquiring good title and/or the property rights needed for the completion of the PROJECT, free and clear of any and all encumbrances that may affect or hinder the development of future consideration; coordinate escrow closings and file all applicable forms and documents with the County Assessor’s Office.  Coordinate and provide support to CITY legal staff to clear title, if necessary.  Advise CITY of any Preliminary Title Reports/Litigation Guaranties, determine title deficiencies, develop a plan to resolve and cure title deficiencies and clear liens and encumbrances.
 Upon completion of Project, advise CITY of any Policy of Title insurance, American Land Title Association (ALTA) or California Land Title Association (CLTA) extendedcoverage owner’s policy based on the value of the property provided by CITY.  Review design plans, construction plans, appraisal, appraisal maps, legal descriptions, and if necessary, environmental site assessments.
 Review and maintain a parcel negotiator’s log (parcel diary) for each parcel.  Review the acquisition file for each property owner or property interest acquired, and maintain a file checklist pursuant to City’s policies and procedures  Secure Agreements for Possession and Use, Right of Entries, and licenses or permits City Council 15 – 17 9/19/2023
City of Santa Ana RFP 22-150
Page A1-4
from property owners for purposes of performing hazardous waste, archeological and other inspections. If needed, provide support to CITY legal staff.  Perform any other normal procedures and processes to implement the acquisition assignment and shall provide any other supporting information and/or correspondence required by CITY
 Assist CITY in achieving California Department of Transportation (Caltrans) Right Of Way Certification.
 Review existing leases, licenses, franchises, easements, permits and other agreements for the subject properties.
 Establishment of right of way requirements for road widening projects  Review accuracy of Right of way mapping and legal descriptions  Review and comment on environmental studies to meet all applicable local, federal, and state laws, regulations, rules, and other requirements.  Review and comment on relocation plan, arrange for periodic circulation support in accordance with the Uniform Act, the California Relocation Assistance and Real Property Acquisition Guidelines, CITY’s Real Property Policies and Procedures and any other applicable regulations.
 Prepare documentation for Right of way disposition
 Attend neighborhood and Council meetings, make public presentations to individuals and organizations and represent CITY in presentations and public hearing on all matters pertaining to the right of way process.
 The overseeing Right of Way Coordinator shall be currently and validly licensed to practice the business of Real Estate in the State of California. The Proposal shall include the Right of Way Coordinator’s Broker License Number as issued by the California Department of Consumer affairs Bureau of Real Estate. All right of way activities shall be in accordance with CITY’s Real Property Policies and Procedures Manual, and Federal, State and local regulations
 The Coordinator shall also have full time experience conducting same work as those required by this RFP for at least the past 5 years.
 Prepare all necessary documents to the title and escrow companies for approval by CITY.

CONSULTANT will be responsible for managing and monitoring the title and escrow companies to ensure timely delivery.
 Market for sale properties via traditional and non-traditional methods  Coordinate Phase I Environmental Soil Assessment Reports and, if required, provide Phase II assessments, Hazardous Materials Disclosure Documents (HMDD) and Request to Acquire Contaminated Property (RACP) if required.
 Advise for the submittal of any approval, certification or other similar document that any jurisdictional agency may require, and obtain approval/acceptance from said jurisdictional agency.
 Advise in the preparation of the Informational Letter and Offer Letter  Maintain a Record of Negotiations documenting that all elements of the acquisition process and transactions were performed in accordance with applicable Federal, State, City Council 15 – 18 9/19/2023
City of Santa Ana RFP 22-150
Page A1-5
and local laws and regulations.
 Provide bilingual acquisition agents as needed.
 Assist CITY in Eminent Domain Support. If requested, CONSULTANT shall provide expert testimony in any court or administrative proceedings, and assist as required in legal matters as directed by CITY legal staff, especially in the litigation of cases for or against CITY, including but not limited to gathering of documents and information.  Responsible for coordinating the identification, relocation, protection, and abandonment of all utilities required by the PROJECT.
 Set-up procedure to sell surplus property
City Council 15 – 19 9/19/2023

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#19793v4
Appendix
ATTACHMENT 2

SAMPLE AGREEMENT
THIS AGREEMENT is made and entered into on this day of , 20__ 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:

On-Call Right of Way Coordinating Services.

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

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

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

1. SCOPE OF SERVICES
Consultant shall perform 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 A, 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 B. The total amount to be expended during the term of this Agreement shall not exceed $XXX,XXX. b. Payment by City shall be made within forty-five (45) days following receipt of proper City Council 15 – 20 9/19/2023

Page 2 of 9 ends

#19793v4
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.

3. TERM
This Agreement shall commence on [enter a Start Date or “the date first written above”] for a number (#) year term with the option for the City to grant up to a number (#)-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
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.

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.

6. INSURANCE (Subject to revision per RMD requirements) Contractor 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 Contractor, his agents, representatives, employees or subcontractors.

City Council 15 – 21 9/19/2023

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#19793v4

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering 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.

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

4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’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 City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed 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 both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the Contractor’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, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

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

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

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

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

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

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

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

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7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The 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.

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

9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from 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
If Consultant receives from the City information which due to the nature of such City Council 15 – 24 9/19/2023

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

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

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

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and 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, City Council 15 – 25 9/19/2023

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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 such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

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

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

18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and 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.

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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:

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

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.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:

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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

Jennifer L. Hall Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONSULTANT:

City Attorney
By:

Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director
Public Works Agency

(name)
(title)
City Council 15 – 28 9/19/2023

EXHIBIT A

SCOPE OF SERVICES
City Council 15 – 29 9/19/2023

EXHIBIT B

COMPENSATION
Fee Proposal including hourly rates if applicable
City Council 15 – 30 9/19/2023
Appendix
ATTACHMENT 3-1: NON-COLLUSION AFFIDAVIT

CERTIFICATIONS
City of Santa Ana RFP
Page A3-1

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 before me.
, proved to me on the basis of satisfactory evidence to be the person(s) who appeared Notary Public Signature Notary Public Seal
City Council 15 – 31 9/19/2023
City of Santa Ana RFP
Page A3-2
Appendix
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
City Council 15 – 32 9/19/2023
City of Santa Ana RFP
Page A3-3
Appendix
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 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.

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 rule, 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 City Council 15 – 33 9/19/2023
City of Santa Ana RFP
Page A3-4
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:

City Council 15 – 34 9/19/2023
1 CONSULTANT AGREEMENT BETWEEN
INTERWEST CONSULTING GROUP, INC. AND THE CITY OF SANTA

FOR ON-CALL RIGHT-OF-WAY SERVICES
THIS AGREEMENT is made and entered into on this 19th day of September, 2023 by and between Interwest Consulting Group, Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of on-call right-of-way services.

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

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

1. SCOPE OF SERVICES
On an as-needed basis, and at the City’s sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 22-150 and attached as Exhibit A, and as further delineated in Consultant’s proposal, which is attached as Exhibit B and incorporated in full.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit C, which is attached hereto and incorporated in full. Consultant is one of two consultants selected to provide on-call right-of-way services. The total aggregate amount, among the two consultants, shall not exceed the shared aggregate amount of $250,000 annually during the term of this agreement, including any extension periods.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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 2
City Council 15 – 35 9/19/2023
2 3. TERM
This Agreement shall commence on the date first written above for a (3) year term with the option for the City to grant up to a 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.

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. For the avoidance of doubt, nothing in this Agreement shall be understood to grant City rights to pre-existing intellectual property of Consultant, including Consultant software and licensed software, or to any improvements thereto.

6. INSURANCE
Except with respect to Workers’ Compensation coverage, Consultant 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.

City Council 15 – 36 9/19/2023
3 MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

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

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Note: Automobile liability is not required if an automobile is not required to perform services).

3. 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.

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

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

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

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

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

City Council 15 – 37 9/19/2023
4 Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

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

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

Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.

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

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

7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, to the extent that they arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant City Council 15 – 38 9/19/2023
5 further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims to the extent that they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any 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 City Council 15 – 39 9/19/2023
6 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.

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City, which shall not be unreasonably delayed or withheld, 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.

City Council 15 – 40 9/19/2023
7 15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

City Council 15 – 41 9/19/2023
8 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-36)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:

Interwest Consulting Group, Inc.

Marcie Jorgensen, Director of Real Estate
1 Jenner, Suite 160
Irvine, CA 92618
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.

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

City Council 15 – 42 9/19/2023
9 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

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)
Tax ID#
RECOMMENDED FOR APPROVAL:

Nabil Saba, P.E.

Executive Director
Public Works Agency

Paul Meschino
President
City Council 15 – 43 9/19/2023

EXHIBIT A
City Council 15 – 44 9/19/2023
City of Santa Ana RFP 22-150
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

ON-CALL RIGHT OF WAY COORDINATOR
RFP NO. 22-150

INTRODUCTION

Minimum Qualifications:

Description of Work:

Consultant under contract with the City of Santa Ana will provide support and services to City of Santa Ana staff or their designee on an as-needed basis. The Consultant shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP).
 The Consultant shall perform work to produce a high quality, professional and complete work product.
 Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards.
 Work may include, but not be limited to, the following: onsite review of the project area; review of existing records; conducting research and performing analysis; information gathering; negotiations; development of strategies.
 The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies.
 The Consultant has total responsibility for the accuracy and completeness of the work City Council 15 – 45 9/19/2023
City of Santa Ana RFP 22-150
Page A1-2
produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant.
 The Consultant shall be responsible for coordination and supervision of all work performed by its sub-consultants. The Consultant shall review all work performed by its subconsultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant.
 The Consultant shall have a Quality Assurance/Quality Control (QA/QC) plan in effect during the entire time work is performed under the Agreement. The QA/QC plan is intended to ensure that the appraisals, maps, reports, plans, studies, estimates, agreements and other documents submitted under assigned Scope of Work are complete, accurate, checked, and proofread to meet professional standard practice requirements, and to monitor work for conformance with the appropriate standards and policies. Additionally, all electronic files shall conform to the City’s file naming system.
 The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City’s needs.  The Consultant’s work will be subject to inspection and audit by City, County, State and Federal representatives.
 Project files including copies of all correspondences, reports, documents, and electronic files shall be managed online to be shared among the City and various Consultants and update weekly. The schedule and/or status report shall be updated frequently.  All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City.  The Consultant will receive written notification of the award of the contract. Upon on such notification, the Consultant will proceed with the services required by the Agreement.

City Council 15 – 46 9/19/2023
City of Santa Ana RFP 22-150
Page A1-3
 Prepare Weekly Project Summary Reports for review by City Legal Staff  Review consultant invoices and recommend payment to City  Review consultants schedule for acquisition/relocation and monitor progress.  Review relocation claim and monitor status of relocation and eviction efforts in accordance with the Uniform Relocation and Real Property Acquisition Act of 1970 (Uniform Act); the California Relocation Assistance and Real Property Acquisition Guidelines; CITY’s Real Property Policies and Procedures and any other applicable regulations.
 Review Title reports and identify pertinent information  Review and comment on real estate appraisals
 Review and comment on improvements pertaining to realty, furniture, fixtures and equipment appraisals
 Review and comment on loss of business goodwill appraisals  Review and comment on acquisition tasks such as offer packages  Monitor negotiations done by other consultants
 Prepare documentation for administrative settlements
 Provide Condemnation support
 Monitor Demolition activities
 Recommend amount of just compensation. The CITY shall make the final determination of just compensation.
 Review title and escrow services necessary for the acquisition of real property, which include, but are not limited to, preliminary title reports, litigation guarantees, policies of title, title searches, document searches, document preparation, estimates of closing costs, escrow instructions, and other documents.
 Review all documents for submission and delivery to escrow companies; review title and escrow documents; ensure that CITY is acquiring good title and/or the property rights needed for the completion of the PROJECT, free and clear of any and all encumbrances that may affect or hinder the development of future consideration; coordinate escrow closings and file all applicable forms and documents with the County Assessor’s Office.  Coordinate and provide support to CITY legal staff to clear title, if necessary.  Advise CITY of any Preliminary Title Reports/Litigation Guaranties, determine title deficiencies, develop a plan to resolve and cure title deficiencies and clear liens and encumbrances.
 Upon completion of Project, advise CITY of any Policy of Title insurance, American Land Title Association (ALTA) or California Land Title Association (CLTA) extendedcoverage owner’s policy based on the value of the property provided by CITY.  Review design plans, construction plans, appraisal, appraisal maps, legal descriptions, and if necessary, environmental site assessments.
 Review and maintain a parcel negotiator’s log (parcel diary) for each parcel.  Review the acquisition file for each property owner or property interest acquired, and maintain a file checklist pursuant to City’s policies and procedures  Secure Agreements for Possession and Use, Right of Entries, and licenses or permits City Council 15 – 47 9/19/2023
City of Santa Ana RFP 22-150
Page A1-4
from property owners for purposes of performing hazardous waste, archeological and other inspections. If needed, provide support to CITY legal staff.  Perform any other normal procedures and processes to implement the acquisition assignment and shall provide any other supporting information and/or correspondence required by CITY
 Assist CITY in achieving California Department of Transportation (Caltrans) Right Of Way Certification.
 Review existing leases, licenses, franchises, easements, permits and other agreements for the subject properties.
 Establishment of right of way requirements for road widening projects  Review accuracy of Right of way mapping and legal descriptions  Review and comment on environmental studies to meet all applicable local, federal, and state laws, regulations, rules, and other requirements.  Review and comment on relocation plan, arrange for periodic circulation support in accordance with the Uniform Act, the California Relocation Assistance and Real Property Acquisition Guidelines, CITY’s Real Property Policies and Procedures and any other applicable regulations.
 Prepare documentation for Right of way disposition
 Attend neighborhood and Council meetings, make public presentations to individuals and organizations and represent CITY in presentations and public hearing on all matters pertaining to the right of way process.
 The overseeing Right of Way Coordinator shall be currently and validly licensed to practice the business of Real Estate in the State of California. The Proposal shall include the Right of Way Coordinator’s Broker License Number as issued by the California Department of Consumer affairs Bureau of Real Estate. All right of way activities shall be in accordance with CITY’s Real Property Policies and Procedures Manual, and Federal, State and local regulations
 The Coordinator shall also have full time experience conducting same work as those required by this RFP for at least the past 5 years.
 Prepare all necessary documents to the title and escrow companies for approval by CITY.

CONSULTANT will be responsible for managing and monitoring the title and escrow companies to ensure timely delivery.
 Market for sale properties via traditional and non-traditional methods  Coordinate Phase I Environmental Soil Assessment Reports and, if required, provide Phase II assessments, Hazardous Materials Disclosure Documents (HMDD) and Request to Acquire Contaminated Property (RACP) if required.
 Advise for the submittal of any approval, certification or other similar document that any jurisdictional agency may require, and obtain approval/acceptance from said jurisdictional agency.
 Advise in the preparation of the Informational Letter and Offer Letter  Maintain a Record of Negotiations documenting that all elements of the acquisition process and transactions were performed in accordance with applicable Federal, State, City Council 15 – 48 9/19/2023
City of Santa Ana RFP 22-150
Page A1-5
and local laws and regulations.
 Provide bilingual acquisition agents as needed.
 Assist CITY in Eminent Domain Support. If requested, CONSULTANT shall provide expert testimony in any court or administrative proceedings, and assist as required in legal matters as directed by CITY legal staff, especially in the litigation of cases for or against CITY, including but not limited to gathering of documents and information.  Responsible for coordinating the identification, relocation, protection, and abandonment of all utilities required by the PROJECT.
 Set-up procedure to sell surplus property
City Council 15 – 49 9/19/2023

EXHIBIT B
City Council 15 – 50 9/19/2023

CITY OF SANTA ANA

PROPOSAL FOR

ON-CALL RIGHT OF WAY COORDINATOR
RFP NO. 22-150
MAY 29, 2023
01 COVER LETTER
11 SCOPE OF SERVICES / SCHEDULE
02 EXECUTIVE SUMMARY
18 RESUME
20 EXCEPTIONS/CERTIFICATIONS
03 FIRM AND TEAM EXPERIENCE
05 UNDERSTANDING OF NEED
07 RELEVANT PROJECT EXPERIENCE
10 REFERENCES
10 REFERENCE TO FEE PROPOSAL
City Council 15 – 51 9/19/2023
PAGE 11 | ON-CALL RIGHT OF WAY COORDINATOR

SCOPE OF SERVICES AND SCHEDULE

SCOPE OF WORK
Interwest provides exceptional project coordination services to ensure the successful implementation and completion of public agency projects. Jeremy Miller will provide a thorough and calculated effort as right of way coordinator. These services include: directing, monitoring and overseeing the delivery of services performed by City consultants; reviewing and approving consultant invoices and supporting documentation to ensure all work was performed as prescribed; representing the public agency at public meetings, hearings and litigation matters, as requested; preparing tracking reports to monitor the completion of project milestones and individual case progress; and implementing and maintaining a quality control program to ensure that work performed meets the requirements established by the City.

Our approach to any City assignment is to serve as more than just your consultant. Throughout our working relationship, we consider ourselves to be a part of your team, equally invested in your goals and objectives and working collaboratively with your staff and stakeholders on a daily basis. Specifically, Jeremy will:

X Offer a level of expertise to address the existing project delays and provide effective solutions that lead to positive results.

X Direct the acceleration of the acquisition and relocation processes by implementing mutually agreed upon strategies to avoid clearance delays.

X Provide expert risk assessment on problem parcels to provide cost-effective solutions in order to close escrow or provide clearance for construction.

X Prepare a detailed scope of work for complex appraisal assignments to ensure that the appraiser receives the appropriate direction.

Below is an overview of our typical scope of work for the requested services; this scope will be refined with each assigned project and is provided only to demonstrate our understanding of the City’s requirements.

Project Coordination and Management
Meetings. Attend meetings with the City and consultants. Meeting minutes, agendas and reports are provided and distributed as directed by City.

Status Reports. Provide and maintain title, appraisal, acquisition, relocation and property management status reports for all project personnel to access.

Consultant Management. Provide management and coordination of services for all consultants.

Monitor and Control Budget Expenditures. Prepare, monitor and track project budget expenditures and assist the City with funding reimbursements.

Escrow Coordination. Provide coordination services with the selected escrow company, including ordering preliminary title reports, litigation guarantees (if required), opening escrows and facilitating escrows for acquisition of the subject property and the replacement property.

Schedules. Prepare and provide the City with project schedules, as needed.

Quality Control Management. Provide quality control management for all assignments, including coordinating efforts with the City and consultants to ensure successful and compliant projects.

Project Close-Out. Provide the services required to finalize and close out projects according to City directives.

City Council 15 – 52 9/19/2023
PAGE 12 | ON-CALL RIGHT OF WAY COORDINATOR

SCOPE OF SERVICES AND SCHEDULE
Title Services
Preliminary Title Reports. Order and monitor the completion of preliminary title reports and receipt of supporting documents. At a minimum, title reports produced for each parcel establish legal owners and all valid liens, encumbrances and easements of record. In addition, we complete a title report summary and distribute a copy of it to the City and City attorney’s office.

Litigation Guarantees. As directed by the City attorney’s office, we order litigation guarantees identifying the legal owners and all interests affected in the proposed litigation. Copies of the report are placed in the City file with a copy distributed to the City attorney’s office.

Phase I and II ESA and Demolition Asbestos Survey
Phase I Environmental Site Assessment Survey. Coordinate a Phase I study to be performed in compliance with the standard practices of the American Society for Testing and Materials (ASTM) Phase I ESA Process (Standard: E 1527-00). Monitor to ensure: attempts are made to interview the existing and former owners of the properties; a visual survey of the site and adjacent sites is completed; efforts are undertaken to contact local government officials about conditions in connection with the property; a review of site and area land use history is completed; and a review of the site area for geology and subsurface/surface potential for pollutant transport from public sources is done. Review the complete report to ensure that it contains the appropriate content. Copies are distributed to the City, City attorney and property management consultant, as required.

Phase II Environmental Site Assessment Survey. With City staff, review the Phase I ESA to determine a need for a Phase II ESA survey. If necessary, coordinate the completion of a Phase II ESA. Upon receipt of the Phase II report, prepare a recommendation for additional environmental analysis, if required. Distribute the Environmental Site Report and any written recommendations to the City.

Demolition Asbestos and Follow-Up Surveys. Coordinate with the property management consultant on the completion of asbestos and lead surveys. Assist with the distribution of these reports to applicable consultants and perform any follow-up inspections before the beginning the demolition process.

Public Meetings
Public Information Hearing. Facilitate and or conduct public meetings, as required by the City, to address acquisition, relocation and related right of way issues.

Appraisal
Facilitate. Coordinate the distribution of appraisal assignments using City-approved appraisers. Prepare request for proposals to obtain bids for assignments.

Coordinate. Meet with selected appraisers to review and discuss the Uniform Standards of Professional Appraisal Practice (USPAP), the Uniform Act and Title 25 California Code of Regulations. Determine with the City what types of reports are required and the required written notice of inspection to the owner. In all cases a complete appraisal is required. The format and level of documentation for an appraisal report depend on the complexity of the appraisal problem. Complex property assignments are to be reported in a self-contained, narrative format.

A summary report, in conformance with USPAP Standards Rule 2-2(b) is permitted in cases, which, by virtue of their low value or simplicity, do not require the in-depth analysis and presentation necessary in a self-contained appraisal report.

Complete Appraisal Summary Statement. Obtain appraisals prepared in accordance with California law and USPAP. Reports are then date stamped, recorded and properly dispersed. Review appraisal reports and appraisal summary statement to be sure they comply with applicable regulations.

City Council 15 – 53 9/19/2023
PAGE 13 | ON-CALL RIGHT OF WAY COORDINATOR

SCOPE OF SERVICES AND SCHEDULE
Tenant-Owned Improvements. Coordinate and review the completeness and accuracy of furniture, fixtures and equipment (FF&E) appraisals. During the initial appraisal process, coordinate with fee appraiser, FF&E appraiser, fee owner and tenant identification and ownership of tenant-owned improvements. If necessary, specialty appraisals are ordered and a copy is submitted to the appraiser for inclusion in the appraisal and appraisal review analyses.

Appraisal Review/Establishment of Just Compensation
Appraisal Review. If federal funding is involved, coordinate and obtain reviews of the appraisals referenced above in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions, other applicable federal, state and local laws, and USPAP.

Just Compensation Coordination. Upon completion of the appraisal and, if applicable, the appraisal review, the completed reports are submitted to the City for review and establishment of Just Compensation.

Preparation of Offer Packages
Parcel Files. Establish and maintain an accurate and complete working file for each parcel in a format approved by the City.

Subsequent Review of Title Reports. Before the offer package is prepared, complete a second review of County Assessor information and title reports, paying particular attention to ownership, easement liens and encumbrances.

Review Right of Way Drawings. Review project plans, becoming familiar with the project and its impact on the various properties. Verify information on the project plans, ensuring it corresponds with the legal descriptions, plans and appraisal reports.

Offer Package. Prepare and/or review an offer package ensuring compliance with the City-approved format. At a minimum, the offer package will include a receipt form, offer letter, appraisal summary statement, acquisition brochure, Title VI information, tenant information statement and language translation (as applicable). Before final distribution to the acquisition agent, the complete offer package is submitted to the City attorney’s office for approval.

Acquisition/Negotiation on Full Acquisition Residential Parcels. Coordinate and track communications, negotiations, and consultant success via an approved tracking report. Offers to out-of-area owners are mailed Certified Return Receipt Requested.

Acquisition/Negotiation on Full Acquisition Commercial Parcels. Monitor the acquisition function, including performing the necessary field assignments to acquire these parcels. Coordinate and track communications, negotiations, and consultant success via an approved tracking report. Offers to out-of-area owners are mailed Certified Return Receipt Requested.

Administrative Settlement Proposal Recommendations. For unresolved cases, review and provide a written recommendation together with supporting documentation on all counter proposals submitted by the property owners to the City for review and approval or disapproval.

City/Owner Liaison. Provide liaison duties between the City, consultants and property owners.

Contact Documentation. Thoroughly document all contact among the acquisition consultant, property owner and/or their representative, indicating attendees, time and place of meetings. Documentation includes thorough diaries and copies of all correspondence and emails. Diaries are updated immediately after each contact, if possible, and retained in the permanent acquisition file.

City Council 15 – 54 9/19/2023
PAGE 14 | ON-CALL RIGHT OF WAY COORDINATOR

SCOPE OF SERVICES AND SCHEDULE
Relocation Assistance
Prepare Relocation Plan. Complete and/or review relocation plans in accordance with applicable state guidelines, including, but not limited to: individual interview of potential displacements; identification of relocation needs and obstacles; and mitigation measures to support a successfully relocation assistance program. All California procedures for obtaining City Council adoptions of relocation plans are followed. Any deviation from this procedure must be approved by the City.

Residential Relocation Packages. Prepare and/or review relocation packages in the City-approved format.

At a minimum, the relocation package includes a receipt form, General Information Notice, relocation brochure, Title VI information, Certificate of Occupancy Statement and language translation statement. Before distribution to the relocation agent, the complete relocation package will be submitted to the City for approval.

Relocation Oversight on Residential Displacements. Distribute relocation packages in accordance with City directives. Coordinate and track communications and progress through an approved tracking report.

Purchase Price Differential or Rental Assistance Payment Entitlement. Review entitlement packages submitted to the City for approval. Packages should contain, but are not limited to: market data, selection of the most comparable properties, completion of necessary data forms and calculation of entitlements. Coordinate the approval of the relocation assistance entitlements and document the file accordingly.

Moving Options. Review requested moving entitlements based on room count or, if necessary, moving bid estimates. Determine moving options, prepare moving agreements, obtain signatures, if required, and monitor moves.

Prepare and Deliver Notices. Prepare or review residential entitlement letters, 90-Day Notices to Vacate and, if applicable, 60-day and 30-day letters.

Relocation Advisory Assistance. Review advisory services being provided by consultants consisting of providing housing referrals, determining relocation needs, explaining benefits, performing housing inspections, providing transportation to displacees searching for replacement housing, providing counseling or advising of other sources of assistance that may be available.

First-Level Appeals. Coordinate and handle first-level appeals, as necessary.

Displacee Contact Documentation. Thoroughly document all contact with the displacee. Documentation includes thorough diaries and copies of all correspondence and emails.

Relocation Payment Packages. Review claim packages and process and submit to the City for approval. File documentation is maintained to ensure compliance, audit and payment verifications.

Business Relocation Assistance
Relocation Payment Eligibility. Determine or review the consultant’s determination of eligibility for relocation payments by reviewing eligibility criteria and case data. Document whether the displacee is entitled to business relocation payments, including moving and related expenses, re-establishment payment and a site-search payment or in-lieu payment.

Business Relocation Packages. Prepare or review relocation packages in the City-approved format. Relocation packages include a receipt form, General Information Notice, Notice of Eligibility, relocation brochure, Title VI information, Certificate of Occupancy Statement, language translation statement, and Loss of Goodwill Statement.

Before distribution to the relocation agent, the complete package is submitted to the City for approval.

Identify Displacee Needs. Review documentation in regards to displacee needs and issues. Be sure the consultant presents the relocation package and provides advisory assistance by explaining in detail the options for payment of reasonable moving expenses, re-establishment and site search reimbursements.

City Council 15 – 55 9/19/2023
PAGE 15 | ON-CALL RIGHT OF WAY COORDINATOR

SCOPE OF SERVICES AND SCHEDULE
Personal Property Inventory. Review the certified personal property inventory after the consultant finishes a site inspection and reviews the fee and FF&E appraisal. Review, verify and approve the compilation of a certified personal property inventory. This inventory should be signed by the business owner and relocation agent. Upon City concurrence, this information is used to obtain commercial moving bids.

Replacement Site and Moving Assistance. Review the consultant’s referral of replacement sites, moving bid estimates, moving options, selection of mover and planning of moves. Ensure that all items in the inventory are addressed in the move. If items are not moved or not included in moving bid (items which require mitigation or cannot be moved to replacement site due to zoning, housing codes or other restrictions, etc.), be sure that the consultant prepares Abandonment Certification and deducts reasonable moving costs, if necessary.

Review Eligible Re-Establishment Expenses. Review expenses (e.g., improvements to the property, advertisements, unused license fees, increased operating costs, etc.) necessary and eligible as re-establishment expenses (not to exceed $25,000). Inspect the replacement property, cost estimates, verify the previous two years’ expenses and income and project the next two years to assess whether increased operating costs will exist. Based on the decisions of the displacee and program guidelines, determine or verify eligibility for reimbursement. Ensure all items in the estimate are actually re-established.

Abandoned Property. If the displacee decides not to relocate some personal property, verify that a bona fide attempt has been made to sell the items. Review the determination of eligibility for direct loss payment and compute the amount of payment. Notify of any items to be abandoned and ensure those items are not included in the moving cost estimate. Be sure Abandonment Certification is properly prepared with the displacee’s signature along with a waiver to all rights in abandoned property.

Site-Search Expenses. Ensure reasonable site-search expenses do not to exceed $1,000 under Title 25 compliance or $2,500 for federally funded projects.

City/Business Owner Liaison. Provide liaison duties between the City and business owners.

Contact Documentation. Thoroughly document all contact with the business owner and/or their representative, indicating attendees, time and place of meetings. Documentation includes thorough diaries and copies of all correspondence and emails. Diaries are updated immediately after each contact, if possible, and retained in the permanent acquisition file.

Escrow Coordination
Monitor Escrows. Coordinate with title companies and open escrows on all purchases. Monitor escrows, review all escrow documents, request funds from the City and ensure that the City receives title insurance policies in the amount of the purchase cost of the land and improvements and clear title to all properties acquired. Interwest will also provide multilingual (Spanish) services, as needed, for an efficient closing.

Partial Acquisitions. Special attention will be paid to partial acquisitions due to the difficultly in obtaining partial release documents in a timely manner. At the City’s request, Interwest will complete the entire escrow and work directly with the title company to obtain the necessary title policy.

Condemnation Support
Condemnation Assistance. Prepare necessary condemnation reports or paperwork for unsuccessful negotiations and provide pre-condemnation assistance and testimony for the City legal counsel. This includes:
obtaining and reviewing litigation guarantees; listing the names and mailing addresses of the appropriate fee, leasehold and tenant owners; completing a summary sheet with recommendations for title issues; and making copies of the parcel file. Interwest also provides expert testimony services for appraisal, acquisition and relocation issues.

City Council 15 – 56 9/19/2023
PAGE 16 | ON-CALL RIGHT OF WAY COORDINATOR

SCOPE OF SERVICES AND SCHEDULE
Property Management Oversight
Status Reports. Provide or coordinate bi-monthly status reports demonstrating critical milestones.

Consultant Management. Provide management and coordination of property management services with the City and other consultants.

Monitor and Control Budget Expenditures. Prepare, monitor and track project budget expenditures and assist the City with funding reimbursements.

Demolition Oversight
Demolition Project Management and Coordination. Assist with advertising for procurement and administration of demolition contracts in accordance with the City’s policies and procedures for competitive bidding.

Demolition Specification Bid Preparation. As directed by the City, assist in preparing separate specification bid packages that abatement and demolition contractors can use to provide a detailed cost estimate. This work will include site meetings with the contractors for the bid process, job walk and the preparation of an addendum for clarification of any questions about specification changes, if required.

Asbestos Abatement Monitoring and Visual Clearances. Monitor the project during the abatement process.

Collect all documentation obtained during the process and file in the City’s post acquisition file.

Demolition Supervision and Coordination. Provide adequate field supervision of demolition activities to ensure compliance with all City policies and procedures as well as all terms of the demolition contract.

Project Reporting and Close-Out. Review and approve the demolition consultant’s work and submit completion reports to the City recommending payment.

Compliance and Quality Control
Project Responsibilities. As Right of Way Coordinator, Jeremy will be responsible for proper compliance and quality control on all right of way activities. This includes interpretation and implementation of applicable laws, regulations and policies, and assistance with resolving conflicts among administrative policies, departments and consultants.

File Close-Out. Jeremy will audit all acquisition, relocation and post acquisition files to ensure compliance with applicable regulations. Corrective actions will be coordinated with the City and consultants. A tracking report will be generated showing the receipt of the consultant file, the consolidation and review date, comments regarding non-compliance, corrective action taken and the close-out date.

City Council 15 – 57 9/19/2023

SCOPE OF SERVICES AND SCHEDULE
PAGE 17 | ON-CALL RIGHT OF WAY COORDINATOR

SAMPLE RIGHT OF WAY SCHEDULE
Interwest will provide right of way coordination services as required by the City. The following sample schedule serves as a graphical representation of the typical right of way timeline; this schedule will be refined with each assignment and is provided only to demonstrate our understanding of the right of way process.

PROJECT

MANAGEMENT

RIGHT OF WAY

ACQUISITION

RIGHT OF WAY

CERTIFICATION

RELOCATION

ASSISTANCE

CONDEMNATION

PROCESS
X City issues Notice
to Proceed
X Kick-off meetingX Obtain title reports
and legals/plats
X Review title reports
and legals/plats
X Prepare template
offer packages and supporting documents
X Obtain approval of
template offer package
X Meetings and
status reporting
X Phase I ESAX Primary appraisalsX Review appraisals and revise, as necessary
X Approval of Just
Compensation
X Preparation of
offer packages
X Present offer packagesX NegotiationsX Recommend impasse cases for condemnation
X Escrow completion
or possessionagreement obtained
X Support through
condemnation process
X Prepare relocation planX Adopt relocation planX Relocation assistanceX Property vacated and demolition completed
X Notice of Hearing of
Resolution of Necessity
X City Council hearing
(adopt resolution)
X City attorney filing of
complaint
X Hearing for motion
for Order of Immediate Possession (OIP)
X 90-Day OIP (assumes
no motion for hardship)
X Prepare preliminary
draft certification
X Coordinate with the City
on report of investigation, cooperative agreements, construction permits and environmental litigation X Prepare draft right of way
certification and template of supporting documents
X Submit right of way
certification to the City and Caltrans for review
X Review comments from
the City and Caltrans
X Obtain final right of
way certification
City Council 15 – 58 9/19/2023

EXHIBIT C
City Council 15 – 59 9/19/2023

FEE PROPOSAL

RATE SHEET
RFP NO. 22-150

PROGRAM MANAGER/
ROW COORDINATOR JEREMY MILLER $150 / HOUR
RIGHT OF WAY AGENT LOIS RODRIGUEZ $120 / HOUR
Interwest Consulting Group, Inc.
1 Jenner, Suite 160
Irvine, CA 92618
City Council 15 – 60 9/19/2023
1 CONSULTANT AGREEMENT BETWEEN
EPIC LAND SOLUTIONS, INC. AND THE CITY OF SANTA

FOR ON-CALL RIGHT-OF-WAY SERVICES
THIS AGREEMENT is made and entered into on this 19th day of September, 2023 by and between Epic Land Solutions, Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of on-call right-of-way services.

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

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:

EXHIBIT 3
City Council 15 – 61 9/19/2023
2 3. TERM
This Agreement shall commence on the date first written above for a (3) year term with the option for the City to grant up to a 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.

City Council 15 – 62 9/19/2023
3 MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

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

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

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

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

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

City Council 15 – 63 9/19/2023
4 Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

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

7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, to the extent that they arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant City Council 15 – 64 9/19/2023
5 further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims to the extent that they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any 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 City Council 15 – 65 9/19/2023
6 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.

City Council 15 – 66 9/19/2023
7 15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

City Council 15 – 67 9/19/2023
8 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-36)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:

Epic Land Solutions, Inc.

Eddie Quintero, Project Manager
1971 W 190th Street, Suite 200
Torrance, CA 90504
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.

City Council 15 – 68 9/19/2023
City Council 15 – 69 9/19/2023

EXHIBIT A
City Council 15 – 70 9/19/2023
City of Santa Ana RFP 22-150
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

ON-CALL RIGHT OF WAY COORDINATOR
RFP NO. 22-150

INTRODUCTION

Minimum Qualifications:

Description of Work:

Consultant under contract with the City of Santa Ana will provide support and services to City of Santa Ana staff or their designee on an as-needed basis. The Consultant shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP).
 The Consultant shall perform work to produce a high quality, professional and complete work product.
 Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards.
 Work may include, but not be limited to, the following: onsite review of the project area; review of existing records; conducting research and performing analysis; information gathering; negotiations; development of strategies.
 The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies.
 The Consultant has total responsibility for the accuracy and completeness of the work City Council 15 – 71 9/19/2023
City of Santa Ana RFP 22-150
Page A1-2
produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant.
 The Consultant shall be responsible for coordination and supervision of all work performed by its sub-consultants. The Consultant shall review all work performed by its subconsultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant.
 The Consultant shall have a Quality Assurance/Quality Control (QA/QC) plan in effect during the entire time work is performed under the Agreement. The QA/QC plan is intended to ensure that the appraisals, maps, reports, plans, studies, estimates, agreements and other documents submitted under assigned Scope of Work are complete, accurate, checked, and proofread to meet professional standard practice requirements, and to monitor work for conformance with the appropriate standards and policies. Additionally, all electronic files shall conform to the City’s file naming system.
 The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City’s needs.  The Consultant’s work will be subject to inspection and audit by City, County, State and Federal representatives.
 Project files including copies of all correspondences, reports, documents, and electronic files shall be managed online to be shared among the City and various Consultants and update weekly. The schedule and/or status report shall be updated frequently.  All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City.  The Consultant will receive written notification of the award of the contract. Upon on such notification, the Consultant will proceed with the services required by the Agreement.

City Council 15 – 72 9/19/2023
City of Santa Ana RFP 22-150
Page A1-3
 Prepare Weekly Project Summary Reports for review by City Legal Staff  Review consultant invoices and recommend payment to City  Review consultants schedule for acquisition/relocation and monitor progress.  Review relocation claim and monitor status of relocation and eviction efforts in accordance with the Uniform Relocation and Real Property Acquisition Act of 1970 (Uniform Act); the California Relocation Assistance and Real Property Acquisition Guidelines; CITY’s Real Property Policies and Procedures and any other applicable regulations.
 Review Title reports and identify pertinent information  Review and comment on real estate appraisals
 Review and comment on improvements pertaining to realty, furniture, fixtures and equipment appraisals
 Review and comment on loss of business goodwill appraisals  Review and comment on acquisition tasks such as offer packages  Monitor negotiations done by other consultants
 Prepare documentation for administrative settlements
 Provide Condemnation support
 Monitor Demolition activities
 Recommend amount of just compensation. The CITY shall make the final determination of just compensation.
 Review title and escrow services necessary for the acquisition of real property, which include, but are not limited to, preliminary title reports, litigation guarantees, policies of title, title searches, document searches, document preparation, estimates of closing costs, escrow instructions, and other documents.
 Review all documents for submission and delivery to escrow companies; review title and escrow documents; ensure that CITY is acquiring good title and/or the property rights needed for the completion of the PROJECT, free and clear of any and all encumbrances that may affect or hinder the development of future consideration; coordinate escrow closings and file all applicable forms and documents with the County Assessor’s Office.  Coordinate and provide support to CITY legal staff to clear title, if necessary.  Advise CITY of any Preliminary Title Reports/Litigation Guaranties, determine title deficiencies, develop a plan to resolve and cure title deficiencies and clear liens and encumbrances.
 Upon completion of Project, advise CITY of any Policy of Title insurance, American Land Title Association (ALTA) or California Land Title Association (CLTA) extendedcoverage owner’s policy based on the value of the property provided by CITY.  Review design plans, construction plans, appraisal, appraisal maps, legal descriptions, and if necessary, environmental site assessments.
 Review and maintain a parcel negotiator’s log (parcel diary) for each parcel.  Review the acquisition file for each property owner or property interest acquired, and maintain a file checklist pursuant to City’s policies and procedures  Secure Agreements for Possession and Use, Right of Entries, and licenses or permits City Council 15 – 73 9/19/2023
City of Santa Ana RFP 22-150
Page A1-4
from property owners for purposes of performing hazardous waste, archeological and other inspections. If needed, provide support to CITY legal staff.  Perform any other normal procedures and processes to implement the acquisition assignment and shall provide any other supporting information and/or correspondence required by CITY
 Assist CITY in achieving California Department of Transportation (Caltrans) Right Of Way Certification.
 Review existing leases, licenses, franchises, easements, permits and other agreements for the subject properties.
 Establishment of right of way requirements for road widening projects  Review accuracy of Right of way mapping and legal descriptions  Review and comment on environmental studies to meet all applicable local, federal, and state laws, regulations, rules, and other requirements.  Review and comment on relocation plan, arrange for periodic circulation support in accordance with the Uniform Act, the California Relocation Assistance and Real Property Acquisition Guidelines, CITY’s Real Property Policies and Procedures and any other applicable regulations.
 Prepare documentation for Right of way disposition
 Attend neighborhood and Council meetings, make public presentations to individuals and organizations and represent CITY in presentations and public hearing on all matters pertaining to the right of way process.
 The overseeing Right of Way Coordinator shall be currently and validly licensed to practice the business of Real Estate in the State of California. The Proposal shall include the Right of Way Coordinator’s Broker License Number as issued by the California Department of Consumer affairs Bureau of Real Estate. All right of way activities shall be in accordance with CITY’s Real Property Policies and Procedures Manual, and Federal, State and local regulations
 The Coordinator shall also have full time experience conducting same work as those required by this RFP for at least the past 5 years.
 Prepare all necessary documents to the title and escrow companies for approval by CITY.

CONSULTANT will be responsible for managing and monitoring the title and escrow companies to ensure timely delivery.
 Market for sale properties via traditional and non-traditional methods  Coordinate Phase I Environmental Soil Assessment Reports and, if required, provide Phase II assessments, Hazardous Materials Disclosure Documents (HMDD) and Request to Acquire Contaminated Property (RACP) if required.
 Advise for the submittal of any approval, certification or other similar document that any jurisdictional agency may require, and obtain approval/acceptance from said jurisdictional agency.
 Advise in the preparation of the Informational Letter and Offer Letter  Maintain a Record of Negotiations documenting that all elements of the acquisition process and transactions were performed in accordance with applicable Federal, State, City Council 15 – 74 9/19/2023
City of Santa Ana RFP 22-150
Page A1-5
and local laws and regulations.
 Provide bilingual acquisition agents as needed.
 Assist CITY in Eminent Domain Support. If requested, CONSULTANT shall provide expert testimony in any court or administrative proceedings, and assist as required in legal matters as directed by CITY legal staff, especially in the litigation of cases for or against CITY, including but not limited to gathering of documents and information.  Responsible for coordinating the identification, relocation, protection, and abandonment of all utilities required by the PROJECT.
 Set-up procedure to sell surplus property
City Council 15 – 75 9/19/2023

EXHIBIT B
City Council 15 – 76 9/19/2023
[HOLD FOR COVER BY LESLIE]

Epic Land Solutions, Inc.

Proposal for City of Santa Ana
RFP No. 22-150
On-Call Right of Way Coordinator
Submitted May 29, 2023
Epic Land Solutions, Inc. ∙ 1971 W 190th Street ∙ Suite 200 ∙ Torrance, CA 90504 ∙ epicland.com City Council 15 – 77 9/19/2023
Epic Land Solutions, Inc.

Proposal for City of Santa Ana – On-Call Right of Way Coordinator Epic Land Solutions, Inc. | Creating Land Solutions for the Public Good

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Understanding of Need, Scope of Work & Schedule
The City of Santa Ana is seeking a qualified On-Call Right of Way Coordinating firm for the City’s Public Works Agency projects on an as-needed basis. The Coordinating firm shall oversee all the right of way and real estate services for the City. Work may include real property appraisal, FF&E and Goodwill appraisal, acquisition, relocation, property management, surplus property sales, and Caltrans Right of Way Certification. The City is seeking a consultant to provide high-quality, professional services that comply with all applicable regulations, policies, procedures and standards for State and Federal Aid projects. The Coordinating firm is expected to carry out and complete assigned task orders in a responsible manner while collaborating with the City and other stakeholders. EPIC understands the term of this contract is determined to be three years with the City’s option to extend the contract for an additional one (1) or two (2) years.

Approach to Scope of Work
Regardless of project funding, EPIC’s approach always adheres to the Uniform Act and Caltrans Right of Way Manual and Local Assistance Procedures Manual (LAPM) guidelines. EPIC will perform all right of way coordination, relocation, and property management services in close coordination with the City and in accordance with county, state, and federal policies and procedures wherever applicable including Title VI of the Civil Rights Act of 1964, the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the URA regulations that became effective in February 2005.

Right of Way Acquisition Services
This section outlines EPIC’s description of the on-call right of way coordination services being proposed for this contract. It is EPIC’s privilege to offer the following services to the City:

Project Management
Under the direction of Right of Way Coordinator/Project Manager, Eddie Quintero, will work closely with the City and its consultants to review project assignments and establish lines of communication, procedures and protocols, and will work to keep the team on track to reach goals.

To track and manage ongoing right of way project tasks and budget, Eddie will:
• Oversee all activities performed under the right of way contract. • Coordinate with any federal and state oversight agencies as directed by the City. • Ensure that all consultants have appropriate licenses for the scope of work. • Coordinate team, subconsultant, and client meetings.
• Prepare and maintain a detailed project schedule and provide progress reports. • Coordinate with all stakeholders.
• Maintain project files.
• Develop and maintain a quality assurance/quality control plan.

Title Examination Services
Securing preliminary title reports quickly is very critical. At the time of Notice to Proceed, EPIC will obtain a Preliminary Title Report for the impacted parcels. These reports will provide information required by the appraiser when preparing the Just Compensation analysis. Title Services involve obtaining and reviewing title reports to verify ownership and identify any easements or encumbrances. One report will be obtained for contiguous parcels with the same owner. Updated preliminary title reports will be obtained as needed.

City Council 15 – 78 9/19/2023
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Acquisition/Negotiation Services
EPIC is responsible for the entire acquisition process. Property acquisition requires that EPIC negotiate with property owners or appointed representatives for the purchase of property rights in good faith. The property acquisition process is performed in close coordination with the City and in accordance with the Uniform Act whenever necessary. We expect to provide the following services and high degree of care for every acquisition negotiation:
 Offer Package Preparation: First, an Offer Package template is submitted to the City for quality review and approval. EPIC then prepares the Offer Package for each parcel based on the Cityapproved Just Compensation. Offer Packages may include an Offer Letter, Summary Statement of Just Compensation (appraisal summary), Acknowledgment Receipt, legal descriptions, plat maps, grant deeds and easements, Purchase Agreement and Title VI brochure. Caltrans projects require that a copy of the formal summary appraisal report be provided to the owner with the first written offer.
 Immediate Engagement with Owners: EPIC assigns one agent to be the primary point of contact for each property owner. As soon as possible, the agent present the written Offer Package to the impacted property owner or their authorized representative. Early interaction with the property owner saves time in negotiations after the offer is made. Agents will take the necessary time to advise property owners with detailed explanation of the property interest being acquired, the proposed construction detail as it affects the property, as well as the entire acquisition process. Agents will answer any questions or concerns the owners may have.  Good Faith Negotiation: EPIC is aware of the sensitive nature of unwanted acquisitions from the point of view of affected property owners. For the remainder of the negotiation schedule will maintain close communication with property owners to establish a positive rapport and working relationship with the property owner to build trust and create an atmosphere in which successful negotiations can occur. Agents will make as many contacts with each owner as the City believes necessary to acquire the property or secure an easement.  Reasonable Offer Timeline: Property owners are given reasonable time to consider the City’s offer and present material relevant to value determination (generally a minimum of 30 days or three contacts).
 Tenant Consideration: Early in the process, EPIC will ascertain if property owners have tenants leasing their property. EPIC understands the relationship between a property owner and a tenant and the need to address all tenant concerns. At the owner’s or tenant’s request, EPIC will meet with the tenant to discuss the project and ways that the impact to the tenant can be mitigated.
 Diary Entries: Each contact with property owners and tenants is documented (including the date, place and names) and maintained in the parcel file throughout the negotiation process.  Purchase Agreement Amendments: To minimize the impact of project on affected persons and help address and alleviate some of the owner and tenant concerns, EPIC can suggest amendments or special provisions to agreement language. EPIC will work closely with the City and the impacted property owner/tenants to determine which concessions can be made without adversely impacting the project construction and project costs.  Recommendations and Counter-Offers: Review and consider counter-offers, make recommendations and obtain City approval before accepting the owner’s counter offer or making a second counter offer.
 Innovative Final-Stage Negotiation: EPIC developed Summit Meetings as a highly successful approach to resolve issues and assist in avoiding eminent domain/ condemnation proceedings. EPIC sets up a meeting with all individuals who have project information and decision-making authority. Although the meeting can last several hours, we are usually able to reach agreement on all issues.
 Fair Settlement: It is one of EPIC’s highest priorities to negotiate a fair, mutually agreeable City Council 15 – 79 9/19/2023
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settlement between the City and the property owner, resulting in escrow. Once an agreement has been reached, EPIC obtains the owner’s signature, notarized when necessary. EPIC promptly transmits all executed documents on successfully negotiated parcels to City for acceptance and signature. We will then deliver purchase agreements to the title and escrow subconsultants and perform all title clearance.
 Legal Recourse: EPIC will continue negotiations with the property owners until every effort has been exhausted and it appears that the only remaining method of acquisition is through legal proceedings (i.e. a Recommendation for Condemnation).

Rights of Entry and Encroachment Permits
EPIC will guide the City to obtain any necessary Encroachment Permits or Rights of Entry permits from local public agencies if it is necessary to cross any property owned by the public agencies.

These agreements will inform the property owner of the purpose and impact of each permit.

Escrow/Closing Services
Once EPIC has obtained the property owner and City’s signature on acquisition agreement(s) we will open escrow and coordinate escrow requirements with property owner. We provide draft escrow instructions to the City for approval. EPIC will work with a third-party title company to perform title clearance. EPIC will review the Title Reports and work to ensure that the property can be conveyed to the City without any unacceptable liens, Covenants, Conditions, and Restrictions (CC&Rs) and other encumbrances. We coordinate payment between the Grantor, City and the Escrow Company. EPIC will obtain the City’s signature on Certificates of Acceptance and all other necessary documentation such as recorded grant deeds and temporary construction easement deeds to convey title. At the close of the transaction, we obtain the final title policy, review closing statements and submit to City for approval and close escrow.

Condemnation/Eminent Domain Support
When negotiating for acquisitions, EPIC works to avoid eminent domain whenever possible. When a Recommendation for Condemnation becomes necessary, EPIC will prepare summary memos outlining efforts made and the reason(s) for impasse and work closely with the City’s eminent domain counsel to begin eminent domain tasks.

Caltrans Right of Way Certification
All state and federally funded projects require Caltrans right of way certification. If needed, EPIC will work to obtain right of way certification which documents that real property interests have been secured, that the site will be vacated prior to construction, and that all right of way activities were conducted in accordance with applicable Caltrans policies and procedures.

Relocation Assistance Services
EPIC’s project team prides itself on its ability to administer a relocation program that recognizes the delicate nature required when moving people from their homes or places of business. Being sensitive to displaced persons’ concerns is not only beneficial to the project, but also goes a long way toward alleviating the very human, sometimes traumatic, reaction faced by property owners who are unexpectedly displaced. Our Relocation Advisory Assistance process follows:

City Council 15 – 80 9/19/2023
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Proposal for City of Santa Ana – On-Call Right of Way Coordinator Epic Land Solutions, Inc. | Creating Land Solutions for the Public Good

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Draft Relocation Plan
In accordance with URA and
California Code of Regulations
Title 25, § 6038, EPIC can
prepare a Relocation Plan to
analyze relocation options,
anticipate all costs, outline the
needs of residents, and outline plan for claim disbursements. The plan will verify the feasibility of anticipated relocations and forms an itemized project budget, including lodging, meal, transportation, and moving expenses.

Occupant Interview & Notices
Prepare the following notices and conduct an intake interview with each of the residential and nonresidential occupants impacted in this project:
 General Information Notice (GIN)
 Business Interview Form (where applicable)
 Informational Brochure
 Certificate of Lawful Presence
 Notice of Eligibility (NOE)—Business Occupant
 90-Day Notice to Vacate [required by federal law]
 60/30-Day Notice to Vacate [per City’s preference]
The Relocation Specialist will meet personally with an authorized representative and explain the relocation assistance program and eligibility requirements for relocation payments to impacted property owners, business owners, and tenants. Agent will maintain a diary of relocation details and communications, capturing all salient conversations, discussions, emails, and other pertinent information with owners/representatives.

Notice of Eligibility (NOE) and Relocation Process
 Relocation Advisory Assistance
 Identify replacement sites and provide referrals [minimum of two (2) written referrals]  Move coordination [obtain minimum of two (2) quotes, including walk-throughs with occupant and contractor]
 Process claims for reimbursement to business occupants  Vacancy inspection (Certificate of Abandonment)
Acquisition (F&E and Loss of Business Goodwill appraisals) For any property improvements constructed by the Lessee and/or Business Occupants or Loss of Business Goodwill, EPIC will coordinate with qualified specialty appraisers.

File Close-Out & Documentation
Prepare final relocation package for submittal to the City to commence the process for document review and requesting of Relocation funds. Such package shall include all signed documents and original signatures of owners, diary, and other relevant relocation information. Such documentation shall be on the City’s forms unless otherwise permitted.

Data Subscriptions for Project Efficiency: EPIC
actively subscribes to real estate and property
owner data sources (including MLS, CoStar,
and RealQuest Pro) to complete the Relocation
Plan and conduct the replacement site search.

Advisory Services: For most displaced persons, relocation advisory services can be just as important as the financial package. We will provide any additional advisory services as may be deemed necessary to minimize hardship and ensure that all persons displaced by the public project receive fair, uniform, and equitable treatment.

City Council 15 – 81 9/19/2023
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Proposal for City of Santa Ana – On-Call Right of Way Coordinator Epic Land Solutions, Inc. | Creating Land Solutions for the Public Good

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Property Management & Maintenance Services
EPIC is one of the only a few right of way consulting
firms to offer full-service property management
solutions specifically suited for property owned by
public agencies. Our objectives are to maximize
revenue, maintain safety and security, reduce
maintenance costs, and minimize liability for our
clients. Services include:

Interim Property Management Services
EPIC is prepared to handle interim property
management activities as needed to manage
properties acquired by the City. Tasks may include
collection of lease payments, managing and
maintaining licenses, leases, and rental agreements
for acquired properties, pursuing collection of
delinquent rents when necessary, setting up a client
bank account and reconcile with the income and expense reports, prepare monthly income and expense reports, performing site visits periodically to monitor for encroachments, safety issues, and property maintenance tasks.

Property Maintenance & Site Inspections
EPIC has developed proactive programs to periodically inspect client property for code enforcement and easement compliance issues, environmental concerns, and unauthorized uses by third parties. EPIC will identify unpermitted encroachments and unlawful activities, notify trespassers of the need to vacate, engage code enforcement authorities on corrective action noticing, take timely action on any violations, and log all findings and actions in a database. EPIC can also work with the encroaching entity to install a permit, lease, or license if the use is deemed acceptable by the City, and will work with qualified maintenance professionals, general contractors, and construction managers to handle large or small emergency repairs.

Additional Value-Added Services for Santa Ana
Surplus Land Sales – Your Subject Matter Expert for Public Land Disposal EPIC is the City of Santa Ana’s local expert in the proper disposal of remnant parcels owned by public agencies and the public auction process. EPIC’s team of experienced real estate agents will use proven processes for auctioning remnant parcels, using existing Request for Offer and marketing templates and processes that have been used successfully to sell over $15 million dollars in excess land sales over the last 10 years. EPIC will leverage our Esri ArcMap technology to perform GIS analysis for every parcel sale to identify property owners within 500 feet radius that may have an interest in buying.

Understanding of the Surplus Land Act
The California Surplus Land Act of 2019 requires that when cities, counties, transit agencies, and other local agencies sell or lease their land, they must prioritize it for affordable housing development. In short, the Surplus Land Act of 2019 deals with a requirement to use the land for affordable housing when applicable. EPIC staff are required to stay current and educated on the latest guidelines and updates to the law, such as changes that started January 1, City Council 15 – 82 9/19/2023
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Proposal for City of Santa Ana – On-Call Right of Way Coordinator Epic Land Solutions, Inc. | Creating Land Solutions for the Public Good

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2021, which stipulates that local agencies are required to send, and the California Department of Housing and Community Development (HCD) is required to review, negotiation summaries for each surplus land transaction in the state. HCD is also required to notify local agencies of violations and may notify the Attorney General and assess fines, as necessary.

Utility Research, Plans & Relocation
EPIC has a dedicated Utility Services Department to research Utility Conflicts, perform Utility Design QA/QC, Determine Liability of utility relocation, and Certify the Utility Relocations with Caltrans District 12. All of EPIC’s utility services are performed following the Caltrans LAPM process. EPIC’s Utility Manager coordinates with the City, utility companies and applicable stakeholders for all work involved in identifying, protecting, removal and/or relocation of utility facilities necessary for the project. We identify all utility owners in the project area, conduct site verifications and confirm who has prior rights and determine if any of their utility facilities conflict with the project design. A utility matrix will be prepared identifying utility owners, descriptions of facilities, dispositions (i.e. protect, relocate, abandon) and initial liability determinations. If conflicts exist, we review project plans with the engineering design team to determine utility alternatives and meet early with utility owners to determine liability and identify which utilities will be moved to accommodate the proposed project. This is critical as determination of liability is becoming more of an issue in today’s projects and can cause major delays or increase expense due the involvement of legal counsel. EPIC then provides coordination for the successful relocation of utility facilities identified as conflicts and Caltrans Certification.

Scope of Work Responsibilities
Scope Staff Lead Task & Deliverable Responsibilities
Project
Management
Eddie
Quintero
Stakeholder coordination; Coordinate Kickoff and project meetings; Risk Assessment at Kickoff; Obtain the City’s templates and procedures; Status Report Templates; Regular Progress Reports; Schedule Updates; Quality Assurance/Quality Control Plan; Quality review of offer packages; Update Relocation Plan; Detailed Procedures; File Checklists; Agreements
Title &
Escrow
Services
Yasmeen
Flores
Ordering and reviewing Preliminary Title Reports; Coordination with the City’s Title consultant, Title Exception Form internal quality checklist; Litigation Guarantees (as needed)
Appraisal
Coordination
Eddie
Quintero
Appraisal Review Report or Coordination of completion thereof; Review Appraisal Certificate; Submit amount of Just Compensation to City for approval & FTA Concurrence
Acquisition/
Negotiation
Addiel
Flores
Prepare Offer Package to property owners; QA/QC and present offer packages; Perform negotiations to acquire property rights; Detailed Negotiator Diaries; Purchase and Sale Agreements; Administrative Settlements; Possession and Use Agreements; AsNeeded Resolution of Necessity Support City Council 15 – 83 9/19/2023
Epic Land Solutions, Inc.

Proposal for City of Santa Ana – On-Call Right of Way Coordinator Epic Land Solutions, Inc. | Creating Land Solutions for the Public Good

Page 13 of 20 ends

Relocation
Assistance
Addiel
Flores
Owner/Tenant Interviews; General Information Notice (GIN); Comparable/Search; Housing Study; Notice of Eligibility; Relocation Brochures; Replacement Site search and referrals; 30/60/90-Day Notices to Vacate; Advisory services; Movers and storage vendor quotes; Claims forms; Certificate of Vacancy; Claims processing Utility
Coordination
Mike
Mays
Facility Map Request Letters; As-Built Plans; Utility Information Sheet; potholing coordination; Utility Verification Letters; Relocation Claim Letters; Notices To Owners (NTOs) to relocate; utility agreements; cert package
Condemnation
Support
Eddie
Quintero
Impasse Letter; Prepare Draft Resolution of Necessity and Notice of Hearing; Board Reports; Negotiator and Relocation Logs; Referrals; Responses to Discovery; Coordinate Supplemental Deposits; Deposit Refund
Property
Management
&
Maintenance
Darcy
Mendoza
Interim rent/lease collections; Property Inspection Notices, Reports; Certificates of Insurance; weed abatement; excavations; paint & anti-graffiti; security fencing & board-ups; Metrolink/SCRRA safety permits; homeless abatement; plumbing & electrical; Notices of Demolition; Proof of services rendered; Certificates of Completion Caltrans
Certification
Eddie
Quintero
Data Sheet; Utility Information Sheet; Necessary Certification, as required by Chapter 14 of the Caltrans Right of Way Manual and Chapter 13, section 13.10 of the Local Assistance Procedures Manual
Construction
Support
Eddie
Quintero
& Mike
Mays
Temporary Construction Easement (TCE) management; Coordinate with local landowners and agencies to provide detailed project information and answer questions; utility coordination; contractor compliance
Surplus
Land
Disposal
Darcy
Mendoza
Notice to Caltrans of Intent to Declare Property as Surplus; Board Materials to Declare Property Surplus; Appraisal; Title Report; Notices to local agencies and priority purchasers; Marketing materials; Auction materials to the public; Status updates of the disposition; Advertising; Sales Package; Executed Agreements Closeout Eddie
Quintero
File Close Out Checklist; Flash Drive Containing Important File Documents; Hard Copies
City Council 15 – 84 9/19/2023
Epic Land Solutions, Inc.

Proposal for City of Santa Ana – On-Call Right of Way Coordinator Epic Land Solutions, Inc. | Creating Land Solutions for the Public Good

Page 14 of 20 ends

Project Management
Project Manager, Eddie Quintero, will deliver the City’s task assignments by managing right of way valuations and the acquisition process from start‐to‐finish. Eddie’s tasks will include preparation and maintenance of a detailed project schedule, maintenance and quality control of acquisition files, periodic progress reporting, and facilitation of regular internal meetings and client status meetings. In summary, EPIC’s project management services control quality, budget, and delivery schedule. EPIC believes in providing the client with on‐call availability and dedication throughout the life of the project.

Our team will deploy the following procedural innovations and technological efficiencies to deliver outstanding services to the City:

Schedule Controls
Communication is key to staying onschedule. Project Manager, Eddie, will lead regular, consistent internal meetings
with the right of way agent team, and
project meetings with the City, to discuss
project status and schedule concerns.

The PM will consistently monitor project
schedules with tools like real-time
diaries, Status Reports, and consistent
check-ins with agents and the City
project manager.
"Guess-Free" Cost Containment
EPIC uses BST Global software for time-and-materials
budget tracking. We currently uses the system to invoice 250 active projects per month.. All EPIC staff are required to maintain weekly timesheets to track all time dedicated to a project, which provides both budget and schedule
control to stay on track with project goals. At any point, management can view the time being spent on any
project. Weekly review of budgets makes the task
seamless and allows our teams to stay in front of any
budget issues. We take pride in “pricing it right the first time,” creating a Not-To-Exceed project budget that
mitigates the need for change orders.

Document Management
The foundation of effective project management in real
estate is document management. EPIC maintains and
backs up all project files in Microsoft SharePoint and has developed project sites and workflows in the tool to
accommodate and collaboarate on the acquisition and
relocation processes. The tool also provides document
control in a secure, redundant cloud environment that
participants—including City staff—can access any-time,
from anywhere.

Quality Control Plan
Our QA/QC Plan integrates a three-tiered
approach to quality management that
involves all levels of staff relying on tested
procedures and proven tools--inculduing
file structures, QA/QC checklists, and
manager spot-checks and audit
procedures--to ensure quality control at
every phase of the right of way
acquisitionand relocation process.

Subconsultant
Management
We create contractual
agreements and Task Orders
with third-party vendors and
subconsultants that highlight the
exact expectation of the
assignment. Throughout the
project, we continue to stay in
close contact with the subs to
ensure they are on-schedule
and have the correct project
information for their deliverables.

City Council 15 – 85 9/19/2023
Epic Land Solutions, Inc.

Proposal for City of Santa Ana – On-Call Right of Way Coordinator Epic Land Solutions, Inc. | Creating Land Solutions for the Public Good

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Standard 9-Month Schedule for Right of Way Acquisition
EPIC secures property rights in the timeliest manner available under the law. As a forward-thinking right of way firm, we utilize an aggressive, nine-month schedule (EXAMPLE ONLY pictured below) as our baseline for project planning that already includes built-in buffers for common delays encountered during projects. For most right of way projects, with under 50 parcels implicated, EPIC can close escrow on property rights acquisitions 9 months from kickoff. For projects including utility coordination, Phase I and II Environmental Site Assessments, relocation advisory assistance, hazardous materials abatement coordination, and/or condemnation proceedings may require 12-18 months, start-to-finish. EPIC will customize the project schedule for each task order and according to the City’s project goals. “Working consistently
with EPIC for the last
decade, I am always
impressed by their
professionalism and
quality of work in
meeting our right of
way needs. Their staff
is knowledgeable,
communicative, and
responsive.”
- Richard A. Quirk, AIA, NCARB
STV Group, Inc.

City Council 15 – 86 9/19/2023

EXHIBIT C
City Council 15 – 87 9/19/2023
City Council 15 – 88 9/19/2023
City Council 15 – 89 9/19/2023
City Council 15 – 90 9/19/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 19, 2023
TOPIC: Amend Agreement for Consignment Vehicle Parts and Accessories

AGENDA TITLE
Amend the Agreement with Elliott Auto Supply Co., Inc. dba Factory Motor Parts by Increasing the Existing Agreement by an Annual Amount Not to Exceed $500,000 for the Remainder of the Contract Term (Specification No. 19-085) (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute the first amendment to the agreement with Elliott Auto Supply Co., Inc. dba Factory Motor Parts for consignment vehicle parts and accessories by increasing the annual amount by $160,000, for a revised annual amount not to exceed $500,000, for the remainder of the current one-year term expiring June 30, 2024, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency’s Parks, Fleet, and Facilities Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Fleet Services section maintains a stock room of fast moving parts as well as special ordered Original Equipment Manufacturer (OEM) parts to provide the needed vehicle parts for maintenance, preventative maintenance, complex mechanical repairs, and tire replacements of over 700 City vehicles and equipment.

On June 4, 2019, at the conclusion of a competitive bidding process, the City Council approved an agreement with Elliott Auto Supply Co., Inc. dba Factory Motor Parts for a three-year period beginning July 1, 2019 to June 30, 2022, with provisions for two oneyear renewal options, not to exceed $340,000 annually. Due to the increasing cost of goods and services as a result of normal, as well as historical, inflation, Staff recommends increasing the agreement for consignment vehicle parts and accessories by an aggregate amount of $160,000, for a revised annual amount not to exceed $500,000 for the remainder of the agreement term expiring June 30, 2024.

City Council 16 – 1 9/19/2023
Amend Agreement for Consignment Vehicle Parts and Accessories September 19, 2023

Page 2 ends

FISCAL IMPACT
The following table summarizes the funds budgeted and available in current FY 2023-24.

Fiscal
Year
Accounting
Unit-Account #
Fund Description Accounting Unit,
Account Description
Amount
FY
2023-24 07517100-63202 Fleet Maintenance
Equip Maint-Garage
Operation, Operating
Materials & Supplies
Equipment
$500,000
TOTAL $500,000

EXHIBIT(S)

1. Amendment Agreement with Elliott Auto Supply Co., Inc. dba Factory Motor Parts
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 16 – 2 9/19/2023

FIRST AMENDMENT TO AGREEMENT WITH FACTORY MOTOR PARTS

TO PROVIDE MISCELLANEOUS VEHICLE PARTS
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on September 19, 2023, by and between Elliott Auto Supply Co., Inc. dba Factory Motor Parts, a Minnesota corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On June 4, 2019, the City and the Contractor entered into Agreement No. A-2019-085 (“Agreement), to establish a vendor-owned inventory (consignment) based model to provide miscellaneous fleet vehicle parts and accessories to City. The term of the Agreement was initially set for a three (3) year period with an option to extend the term for two (2), one (1) year renewals.

B. The parties opted to exercise both extensions allowed under the Agreement. The first extension for an additional one-year term on June 13, 2022. The second extension for the remaining one-year term on June 13, 2023 through June 30, 2024. The Agreement is current and in effect.

C. Due to the increasing cost of goods and services expected over the remainder of the term of the Agreement, the parties wish to amend the Agreement to increase the overall annual compensation amount to cover expenses to be incurred during the final extension of the Agreement which runs through June 30, 2024.

The Parties therefore agree:

1. Section 2.a., Compensation, is amended to increase the annual amount established for the final extension period to the Agreement by an additional $160,000.00. The annual amount for this term from July 1, 2023 through June 30, 2024 shall not exceed $500,000.00. The total amount to be expended during the term of this Agreement shall not exceed $1,860,000.00.

2. Except as modified by this Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect.
[signatures contained on following page]
City Council 16 – 3 9/19/2023

SIGNATURE PAGE FOR FIRST AMENDMENT TO AGREEMENT WITH FACTORY

MOTOR PARTS TO PROVIDE MISCELLANEOUS VEHICLE PARTS
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

ATTEST CITY OF SANTA ANA
Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM ELLIOTT AUTO SUPPLY CO., INC.

SONIA R. CARVALHO, City Attorney DBA FACTORY MOTOR PARTS By:____________________________ _______________________________ Jonathan T. Martinez Dana Carney
Assistant City Attorney Fleet Sales and Operations Manager

RECOMMENDED FOR APPROVAL
______________________________
Nabil Saba, PE
Executive Director,
Public Works Agency
Dana Carney Digitally signed by Dana Carney
DN: cn=Dana Carney, o=Factory Motor Parts,
ou, [email protected], c=US
Date: 2023.08.22 14:13:04 -05'00'
City Council 16 – 4 9/19/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 19, 2023
TOPIC: SCADA Functional Specifications and Programming Services

AGENDA TITLE
Approve Agreements with Enterprise Automation, Northern Digital, Inc., and SOFFA Electric, Inc. to Provide Functional Specifications and SCADA Source Control and Change Control Services in an Aggregate Amount Not to Exceed $1,250,000 for up to a Five-Year Term (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute agreements with Partners in Control, Inc. dba Enterprise Automation, Northern Digital, Inc., and SOFFA Electric, Inc. to provide oncall engineering services to prepare functional specifications and to provide supervisory control and data acquisition, source control, and change control services, for a shared aggregate amount not to exceed $1,250,000, for a three-year term beginning September 19, 2023 and expiring September 18, 2026, with provisions for one, twoyear extension, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency’s Water Resources Division (Water Resources) oversees and maintains the daily operations of the City’s water and sanitary sewer systems. The water system is composed of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure regulating stations, and seven connection points to the Metropolitan Water District. The system has an average daily demand of 30 million gallons from its roughly 45,500 metered service connections.

The City's water production facilities are controlled by supervisory control and data acquisition (SCADA) software which is used to monitor the processes involved in water production, storage, and delivery. Coordination between the SCADA system and its control components allows for automation of processes and procedures, reduces energy costs, and is crucial to providing Santa Ana residents with clean, affordable water. Due to the complex nature of the SCADA system and related devices, an experienced consultant is needed to provide detailed control panel drawings, functional specifications, programming and testing specifications, and SCADA systems source control and change control services for the City's water production facilities.

City Council 17 – 1 9/19/2023
SCADA Functional Specifications and Programming Services September 19, 2023

Page 2 ends

On February 14, 2023, the Public Works Agency released Request for Proposals (RFP) No. 23-026, by which it sought the services of qualified consulting firms to provide functional specifications development and SCADA programming services for the City’s water production facilities. The RFP was advertised on the City’s online bid management and publication system, PlanetBids, with proposals due on March 9, 2023.

System records indicate a total of 921 vendors were notified via PlanetBids, with 38 vendors downloading bidding documents. Three proposals were received and evaluated by a selection committee. Based on criteria outlined in the RFP, the following summarizes the responding firms and their ranking:

Firm City Rank
Enterprise Automation Irvine, CA 1
Northern Digital, Inc. Bakersfield, CA 2
SOFFA Electric, Inc. Commerce, CA 3
Staff recommends awarding agreements to Enterprise Automation, Northern Digital, Inc.. and SOFFA Electric, Inc. to provide the requested services on an as-needed basis (Exhibits 1-3). Their proposals demonstrated the firms have the necessary capacity and expertise to complete the required services. The firms’ rates are reasonable and within industry standard, the teams’ qualifications are appropriate, and the proposals were determined to provide the best value for the City.

FISCAL IMPACT
Funding is available in the FY 2023-24 budget and funding for subsequent fiscal years, including renewal options if exercised, will be included in the proposed budgets for City Council consideration.

Fiscal
Year
Accounting
Unit
- Account #
Fund
Description
Accounting Unit,
Account Description Amount
Contract (Three-Year Term)
2023-24 06017640-
62300
Water Fund
Water Utility Production
& Supply, Contract
ServicesProfessional
$250,000
2024-25 06017640-
62300
Water Fund
Water Utility Production
& Supply, Contract
Services-Professional
$250,000
2025-26 06017640-
62300
Water Fund
Water Utility Production
& Supply, Contract
Services-Professional
$250,000
City Council 17 – 2 9/19/2023
SCADA Functional Specifications and Programming Services September 19, 2023

Page 3 ends

Fiscal
Year
Accounting
Unit
- Account #
Fund
Description
Accounting Unit,
Account Description Amount
Optional Two-Year Extension
2026-27 06017640-
62300
Water Fund
Water Utility Production
& Supply, Contract
ServicesProfessional
$250,000
2027-28 06017640-
62300
Water Fund
Water Utility Production
& Supply, Contract
Services-Professional
$250,000
TOTAL $1,250,000

EXHIBIT(S)

1. Agreement with Enterprise Automation

2. Agreement with Northern Digital, Inc.

3. Agreement with SOFFA Electric, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 17 – 3 9/19/2023

Page 1 of 10 ends

CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

PARTNERS IN CONTROL DBA ENTERPRISE AUTOMATION TO PROVIDE

ON-CALL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into on this 19th day of September, 2023 by and between Partners in Control, Inc. dba Enterprise Automation (“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 February 14, 2023 the City issued Request for Proposal (“RFP”) No. 23-026 by which it desired to retain a consultant having special skill and knowledge in the field of:
engineering services to prepare functional specifications and to provide SCADA source control and change control services on an on-call basis for the City’s Public Works Agency.

B. Consultant submitted a responsive proposal that was among those selected by the city.

Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-026.

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 included in the RFP No. 23-026, 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 A”, attached hereto and incorporated by reference, and as further described in Consultant’s Proposal, attached hereto an incorporated herein by this reference as “Consultant’s Proposal - Exhibit B”.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant’s Fee Proposal, which is attached hereto and fully incorporated herein by this reference as “Compensation - Exhibit C”. Consultant is one of three (3) separate consultants selected to provide services on an on-call basis under RFP 23-026. The total compensation for services provided by all consultants selected under RFP 23-026 shall not exceed the shared aggregate amount of $1,250,000.00 during the term of this EXHIBIT 1
City Council 17 – 4 9/19/2023

Page 2 of 10 ends

Agreement, including any extension periods, as set forth in Section 3, below. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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. c. Notwithstanding any contrary terms contained within Consultant’s Fee Proposal, Consultant’s fees shall not increase by more than 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws, if applicable.

3. TERM
This Agreement shall commence on September 19, 2023 and end on September 18, 2026, with the option for the City to grant up to one (1), two-year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.

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

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

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, City Council 17 – 5 9/19/2023

Page 3 of 10 ends

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.

7. INSURANCE
Consultant 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, its agents, representatives, employees or subcontractors.
a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as:
(i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
(ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000.00 per accident for bodily injury and property damage.
(iii) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease.

City Council 17 – 6 9/19/2023

Page 4 of 10 ends

(iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate. (v) 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. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
(ii) Primary Coverage. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
(iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(v) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be City Council 17 – 7 9/19/2023

Page 5 of 10 ends

endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
• The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
• Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
• If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
(viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)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.
(x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal City Council 17 – 8 9/19/2023

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

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

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

11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all City Council 17 – 9 9/19/2023

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

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

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

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this City Council 17 – 10 9/19/2023

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Agreement performed by City personnel or by other consultant and/or contractors retained by City.

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

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

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

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

20. 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 City Council 17 – 11 9/19/2023

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first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City:

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

Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
To Consultant:

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 Scott Pickford
Principal
Enterprise Automation
9050 Irvine Center Dr.

Irvine, CA 92618
City Council 17 – 12 9/19/2023

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attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

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

ATTEST: CITY OF SANTA ANA
JENNIFER L. HALL KRISTINE RIDGE
City Clerk City Manager
APPROVED AS TO FORM: CONSULTANT:

SONIA R. CARVALHO
City Attorney
By:

JONATHAN T. MARTINEZ
Assistant City Attorney
RECOMMENDED FOR APPROVAL:

NABIL SABA
Executive Director
Public Works Agency

SCOTT PICKFORD
Principal
City Council 17 – 13 9/19/2023

EXHIBIT A

SCOPE OF SERVICES
City Council 17 – 14 9/19/2023

CITY OF SANTA ANA
RFP NO.: 23-026

WATER RESOURCES FUNCTIONAL SPECIFICATIONS DEVELOPMENT AND SCADA

PROGRAMMING SERVICES
City of Santa Ana RFP 23-026
Water Resources Functional Specifications Development and SCADA Programming Services

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Appendix
ATTACHMENT 1: SCOPE OF WORK
City Council 17 – 15 9/19/2023

CITY OF SANTA ANA
RFP NO.: 23-026

WATER RESOURCES FUNCTIONAL SPECIFICATIONS DEVELOPMENT AND SCADA

PROGRAMMING SERVICES
City of Santa Ana RFP 23-026
Water Resources Functional Specifications Development and SCADA Programming Services

Page 14 ends

SCOPE OF WORK
A. INTRODUCTION AND BACKGROUND
The City of Santa Ana Public Works Agency – Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City’s water system has an average day demand of about 30 million gallons (MG) with 45,000 service connections.

It is comprised of approximately 478 miles of water main, 45 MG of storage at five (5) sites, seven (7) MWD connections, 21 groundwater wells, seven (7) pump stations, four (4) pressure regulating stations and utilizes two (2) pressure zones.

B. CONSULTANT RESPONSIBILITIES
The City desires to retain a qualified Consultant to prepare functional specifications, control panel drawings, programming and testing specifications and provide SCADA systems source control and change control services for the City’s water production facilities. The selected vendor is intended to, among other items previously stated, provide and institute oversight mechanisms for the City’s contracted controls programmers. The City’s facilities are controlled by the Dynac ES SCADA software as provided by Kapsch TrafficCom USA, Inc. The City is also utilizing Wonderware by AVEVA.

The Consultant shall provide all labor, materials, services, and equipment necessary for the services described herein. The Consultant shall possess all Federal, State and Local permits, licenses, and approvals necessary to provide good/services required in the Scope of Work.

C. SCOPE OF SERVICES
The City is seeking qualified Consultants to provide (1) control panel drawings, (2) functional specifications, (3) programming and testing specifications, (4) source control, and (5) change control described in the following sections:

1. CONTROL PANEL DRAWINGS
The Consultant shall be capable of providing and reviewing control panel drawings as they relate to the City’s instrumentation and electrical components. The City’s water production sites utilize the following components:
• Modicon Momentum Programmable Logic Computers (PLC) – (Modicon M340 and M580 and other various models)
• Variable Frequency Drives (VFD) – (Various models such as ABB and Danfoss) • Limitorque and AUMA motor operated valves (MOV)
• Mag meters (various brands) and other related appurtenances • Magelis human machine interfaces (HMI) or a Unitronics display The Consultant shall have experience working with the aforementioned instruments and shall recommend retrofits when applicable. It is the City’s desire that all site control reside within City Council 17 – 16 9/19/2023

CITY OF SANTA ANA
RFP NO.: 23-026

WATER RESOURCES FUNCTIONAL SPECIFICATIONS DEVELOPMENT AND SCADA

PROGRAMMING SERVICES
City of Santa Ana RFP 23-026
Water Resources Functional Specifications Development and SCADA Programming Services

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the site PLC with the HMI acting primarily as a site control interface relaying operator commands to the site PLC.

A. DELIVERABLES
Upon request, the Consultant shall prepare detailed control panel drawings and specifications for City water production sites. Control panel drawings shall be complete and sufficiently detailed to provide to panel manufacturers and obtain bids for their construction. Control panel drawings shall be in conformance with the City’s Control Panel Standards and Specifications and include at a minimum the following:

1. Front Panel Layout Drawing

2. Back Panel Layout Drawing

3. Power Distribution Drawing

4. Communication Network Drawing

5. Analog Inputs/Outputs Drawing

6. Digital Inputs/Outputs Drawing

7. Bill of Materials

8. I/O List with Tag Names

9. Specifications for:
a. DC Power Components (standard provided by City)
b. Ethernet and Networking Components (standard provided by City) c. Telemetry Components (standard provided by City)
d. Control Panel Construction (standard provided by City) In addition, the consultant shall provide the following for each requested site:

1. I/O List

2. Complete set of Drawings

3. Complete set of associate specification

2. FUNCTIONAL SPECIFICATIONS
The Consultant shall develop functional specifications based on the future/proposed operation/capabilities gained from updating instrumentation and control devices for the Water Production sites upon request from the City. The Functional Specifications are intended to reflect the ultimate desired operation of each site and not be limited to the operation as it exists currently. The Consultant shall be capable of performing the following tasks:

1. Conduct existing condition work sessions with the City Water Production Team to identify existing operational settings, hardware and controls equipment for the Sites. The Consultant shall catalogue all existing controls and equipment and provide recommendations for enhancement and conformance to City’s standards. a. The Consultant shall create an I/O database to catalogue all system I/O and communications, which shall include summaries of the use and function of each. The format and fields shall be developed in collaboration with the City Water Production City Council 17 – 17 9/19/2023

CITY OF SANTA ANA
RFP NO.: 23-026

WATER RESOURCES FUNCTIONAL SPECIFICATIONS DEVELOPMENT AND SCADA

PROGRAMMING SERVICES
City of Santa Ana RFP 23-026
Water Resources Functional Specifications Development and SCADA Programming Services

Page 16 ends

Santa Ana City CouncilSeptember 19, 2023

Santa Ana City Council
September 19, 2023