Agenda packet — Santa Ana City Council, October 3, 2023 (part 2 of 12)

Project: Greenville Schedule - 1
Date: Tue 8/8/23
Example Project Schedule
The following is an example of a project schedule to align with the above described scope of services.

City Council 10 – 123 10/3/2023
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
Orange

XXXXXXXX
XXXXXX
Virginia
Prince William
7th August 23
Tyson Christopher Atwood
Notarized online using audio-video communication
City Council 10 – 124 10/3/2023
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
Anser Advisory Management LLC
Tyson Atwood Senior Vice President 08/07/2023
City Council 10 – 125 10/3/2023
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:

Anser Advisory Management LLC
Senior Vice President 08/07/2023
City Council 10 – 126 10/3/2023

EXHIBIT C

COMPENSATION
Consultant’s Fee Proposal including hourly rates, if applicable City Council 10 – 127 10/3/2023
Firm Name
Principal $255
Technical Expert $240
Project Manager, II $240
Project Manager, I $225
Construction Manager, Senior $195
Construction Manager, III $175
Construction Manager, II $160
Construction Manager, I $135
Office Engineer $110
Inspector (Prevailing Wage) $185
Inspector $165
Scheduler, Senior $195
Scheduler, II $145
Estimator, Senior $185
Estimator, II $160
Admin, Senior $110
Admin, II $95
Labor Compliance Manager $135
Labor Compliance Analyst $105
Other Direct Cost's Fully Burdened Rate
POV Mileage Exp. per IRS rate
Subconsultant Mark-Up 10%
Schedule of Fixed Hourly Rates
Job Title Fixed Hourly Rate
(Sept 2023-Sept 2024)
Vehicles $1,300
City Council 10 – 128 10/3/2023
Classification Hourly Rate
Principal $ 275.00
Certified Irrigation Designer / Auditor $ 180.00
Sr Project Manager $ 180.00
Project Manager / Landscape Architect $ 170.00
Design Staff II $ 120.00
Design Staff I $ 105.00
Admnistrative Staff $ 95.00
• CAD plotting of check sets and presentation drawings
• Outside service scanning, printing, copying of drawings and documents of any size. • In-house project related printing / copying (black/white and color), including draft and final reports, specifications, and drawings.
• Postage, delivery, and messenger service (prior client approval) • Renderings, physical and digital scale models and animations. • Videos, web services, opinion surveys.
• Travel expenses, including mileage, tolls, lodging and meals. • Presentation boards.
• Software purchase and licensure on behalf of the client.

Hourly Billing Rates will be updated no more than once a year from the date of executed agreement. 2023 Rates effective through 12/31/2023
2023 HOURLY RATE SCHEDULE
Attachment A
Reimbursable expenses related to the project, whether for in-house, consultant or client use will be billed at 1.15 times direct cost. Such expenses include, but are not necessarily limited to:

City Council 10 – 129 10/3/2023
HOURLY RATES (08/01/2023)
Position Hourly Rate
Labor Compliance Manager $125
Labor Compliance Analyst $95
City Council 10 – 130 10/3/2023
Fee Proposal | 3QC Inc.

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3QC provides quality services at highly competitive rates. Hourly rates and fees include all overhead expenses – travel, administrative support, etc.

POSITION RATE
Commissioning Authority 235.00
Commissioning Agent 231.00
Sr. Commissioning Provider 223.00
Sr. Project Manager 217.00
Project Manager 206.00
Commissioning Provider 200.00
Staff Engineer 189.00
Commissioning Tech II 165.00
Commissioning Tech I 151.00
Low Voltage Cx Provider 212.00
Fire Protection Cx Provider 238.00
LEED Consultant 211.00
LEED Administrator 147.00
Sr. Administrator 100.00
Administrator 82.00
City Council 10 – 131 10/3/2023
2023
Principal in Charge $              198.44
Communications, Marketing and Outreach Senior Project Manager $              162.05 Communications, Marketing and Outreach Senior Resource Project Manager $              149.82 Communications, Marketing and Outreach Project Manager $              112.83 Construction Relations Representative 109.16 $
Communications, Marketing and Outreach Deputy Project Manager $                88.67 Communications, Marketing and Outreach Account Coordinator II 77.36 $ Communications, Marketing and Outreach Account Coordinator I 73.38 $ Sr. Graphic Designer $              130.29
Sr. Web Designer $              130.29
Deputy Graphic / Web Designer $                76.92
Social Media Specialist $                72.21
Photographer $                95.00
Photo Assistant $                75.35
Library Administrator $                72.21
Producer and Editor $              120.75
Camera Operator $              168.17
Production Assistant $                95.00
Animation and Virtual Production 130.29 $
Copy/Technical Writer, QAQC 86.34 $
Translator / Interpretor $                94.79
Administrative Support $                72.21
Daily Camera and Production Crew (inclds equipment and 2 staff) $           1,800.00 Camera Equipment Package 850.00 $
Direct Cavassing/Noticing (centralized areas) less than 500 Count per Day (not incld mileage) $              800.00 Direct Cavassing/Noticing (centralized areas) less than 1000 Count per Day (not incld mileage) $           1,400.00 Direct Cavassing/Noticing (centralized areas) over 1000 Count per Day (not incld mileage) $           3,200.00 Monthly Web Update/Maintenance (up to 8 hours per month) $           1,000.00 Monthly Social Media Specialist (up to 12 hours per month) 800.00 $ Mileage and Parking (IRS rate) current IRS rate
Printing - External TBD
MBI Internal Printing - Color .45 - .85
MBI Internal Printing - Black and White .15 - .25
Venue Rental TBD
Audio Visual TBD
Meeting Supplies TBD
Translation/Interpretation Services TBD
Court Reporter TBD
Rentals TBD
Mailing Postage (up front costs by others) TBD
Noticing / Distribution TBD
Web streaming/Internet cost TBD
Food and Drinks for meetings TBD
Total Other Direct Costs - Estimate TBD
*ODCs to be invoiced, at time of service, at cost with 10% Fee Photography
Media and Animation Production
Other Jobs
MBI Employee Rate Reference Table
Other Direct Costs - Estimate
Job Title Hourly Rate
Graphic and Web Design
Daily and Equipment Packages
City Council 10 – 132 10/3/2023
P2S INC.

RATE SCHEDULE FOR ENGINEERING SERVICES

ON A TIME AND EXPENSE BASIS
Category Rate
PRINCIPAL ENGINEER $341
ENGINEER GRADE 05 $288
ENGINEER GRADE 04 $279
ENGINEER GRADE 03 $239
ENGINEER GRADE 02 $220
ENGINEER GRADE 01 $195
DESIGN ENGINEER GRADE 05 $239
DESIGN ENGINEER GRADE 04 $220
DESIGN ENGINEER GRADE 03 $195
DESIGN ENGINEER GRADE 02 $173
DESIGN ENGINEER GRADE 01 $154
DESIGNER GRADE 04 $164
DESIGNER GRADE 03 $154
DESIGNER GRADE 02 $141
DESIGNER GRADE 01 $135
CAD/BIM DESIGNER GRADE 04 $136
CAD/BIM DESIGNER GRADE 03 $123
CAD/BIM DESIGNER GRADE 02 $110
CAD/BIM DESIGNER GRADE 01 $100
COMMISSIONING GRADE 05 $288
COMMISSIONING GRADE 04 $250
COMMISSIONING GRADE 03 $213
COMMISSIONING GRADE 02 $170
COMMISSIONING GRADE 01 $146
PROJECTASSISTANT $100
In addition, for direct out-of-pocket expenses (when they occur), we quote the following:
1) Automobile: at current IRS rate per mile from home office for travel outside Los Angeles, Orange, San Diego, San Bernardino, Riverside & King counties
2) Travel Expense: at Cost
3) Subsistence: While away from home office for more than 1 day: at Cost, but not to exceed $275 per day per person.
4) Plan Check Fees: at Cost plus 10% markup
5) Third-Party Services: at Cost plus 10% markup
• Printing and copy services
• Consultant and subcontract professional fees
• Surveying / Soils Investigation
• Testing Laboratory Work

LIABILITY LIMITS
Professional Liability $ 2,000,000.

General Liability $ 5,000,000.

Effective January 1, 2023 – December 31, 2023
RT-223
City Council 10 – 133 10/3/2023

FEE SCHEDULE
Executive/Management Classifications Hourly Rate
Principal‐In‐Charge $270
Senior Principal Manager $250
Principal Manager $230
Senior Project Manager $210
Project Manager $200
Deputy Project Manager $190
Professional Engineering Classifications
Principal Engineer $230
Senior Project Engineer $200
Project Engineer III $180
Project Engineer II $150
Project Engineer I $130
Professional Planning Classifications
Principal Planner $190
Senior Project Planner $170
Project Planner III $160
Project Planner II $130
Project Planner I $110
Technical/Specialized Classifications
Senior Systems Engineer $200
Construction Manager $200
Systems Engineer $180
Construction Engineer/Senior Inspector $170
Other Classifications
Intern $90
Expert Witness $350

STC Traffic is a local business and there are no direct costs for mileage.

Outsourced reimbursable expensessuch as printing and reproduction, deliveries and overnightshipping, computerized plotting, materials, etc., will be charged to the client at the consultant’s cost without mark‐ up.

City Council 10 – 134 10/3/2023
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CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

CANNON TO PROVIDE ON-CALL CONSTRUCTION MANAGEMENT

AND INSPECTION SERVICES
THIS AGREEMENT is made and entered into on this 3rd day of October, 2023 by and between Cannon (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On July 18, 2023 the City issued Request for Proposal (“RFP”) No. 23-122 by which it desired to retain a consultant having special skill and knowledge in the field of construction management and inspection services on an on-call basis for the City’s Public Works Agency. Said services are required to augment City staff efforts to complete delivery of capital improvement projects involving public works infrastructure and City facilities.

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. 23-122.

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

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

1. SCOPE OF SERVICES
Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-122, 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 five (5) separate consultants selected to provide services on an on-call basis under RFP 23-122. The total compensation for services provided by all consultants selected under RFP 23-122 shall not exceed the shared aggregate amount of $3,000,000.00 during the term of this EXHIBIT 5
City Council 10 – 189 10/3/2023

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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 October 3, 2023 and end on October 2, 2026, with the option for the City to grant up to one (1), two (2) 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 10 – 190 10/3/2023

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

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

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 CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.
(iii)Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (iv)Professional Liability Insurance with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

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(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 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. (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 endorsed to provide, that the selfinsured 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:

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• 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 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 City Council 10 – 193 10/3/2023

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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 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 City.

City Council 10 – 194 10/3/2023

Page 7 of 10 ends

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 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 City Council 10 – 195 10/3/2023

Page 8 of 10 ends

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 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
City Council 10 – 196 10/3/2023

Page 9 of 10 ends

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, California 92702
Fax:

To Consultant:

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.

SIGNATURE PAGE FOR CONSULTANT AGREEMENT BETWEEN THE CITY OF

SANTA ANA AND CANNON TO PROVIDE ON-CALL CONSTRUCTION

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

ATTEST:

JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM:

SONIA R. CARY ALHO
City Attorney �'
B . -------�-- JONATHAN T. MARTZ
Assistant City Attorney
RECOMMENDED FOR APPROVAL:

NABIL SABA
Executive Director
Public Works Agency

CITY OF SANTA ANA

KRISTINE RIDGE
City Manager
CONSULTANT:

By:

Title:

Page 10 of 10 ends

Pat Riddell
Director, Construction Management Division
City Council 10 – 198 10/3/2023

EXHIBIT A

SCOPE OF SERVICES
City Council 10 – 199 10/3/2023
City of Santa Ana RFP 23-122
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES
RFP NO. 23-122

INTRODUCTION/PROJECT DESCRIPTION
The City of Santa Ana intends to retain Construction Management firm on an as-needed or "OnCall" basis. A Professional Services Agreement will be entered into with multiple qualified firms to provide construction management services for a variety of projects on an on-call basis.

On an on-call, as-needed basis, the selected firm(s) may later be asked to provide construction management proposals on specific, project-by-project basis, based on an agreed-upon specific scope of services and fees.

The firm shall provide general Construction Management services to support the construction efforts and serve as an extension of City staff to assist in the overall delivery of this project, including preconstruction tasks, managing construction and ensuring that the work is completed in accordance with the contract documents, and project closeout and commissioning phase. The consultant team will report directly to the City's Construction Manager or his authorized representative. City staff may assist in managing construction and will oversee the work of the Project Manager, Inspector, and Contract Administrator.

Firms must provide construction management services and contractor administration in conformance with the requirements set forth in the State’s Construction Manual, State’s Local Assistance Programs and Procedures Manual, OCFCD encroachment permit/requirements, and other Agencies regulatory permits/requirements. The construction manager is expected implement contract requirements and comply with all Federal and local guidelines in order to execute successfully the project in a timely and cost efficient manner.

City Council 10 – 200 10/3/2023
City of Santa Ana RFP 23-122
Page A1-2
The majority of capital improvement and construction projects within the city includes, but is not limited to, the following:
• Street rehabilitation
• Sewer improvements
• Storm Drain improvements
• Bridge construction
• New building construction
• Water service and pipelines
• Pump and motor improvements
• Irrigation and landscaping
• Site Improvements; concrete sidewalk, etc.
• System controls and instrumentation
• Streets and park lighting
• Parks and Recreation facility improvements
• Mechanical system
• Electrical system
• Traffic Signal Improvements
Scope of Services
The required services by the Project Manager, the Inspector and the Contract Administrator may include the following:

1. RESIDENT ENGINEER / ADMINISTRATOR
a. The PM shall represent the City Construction Manager in the field. The CM shall possess a minimum of (5) years' experience in construction management. b. The Inspector and the Contracts Administrator should have relevant experience in construction management and certifications or references that affirm the experience.

2. BID ANALYSIS
a. Prior to the start of the project, the PM shall be responsible for conducting a bid analysis to determine who the lowest responsible bidder for the project will be.

Shall obtain certificates of insurance, performance bond and "New Vendor Packet" requirements have been satisfied. This includes verifying that all subcontractors have a valid City Business License.

3. STAFF REPORTS
a. Preparation of staff reports for contract award to the lowest responsive and responsible bidder. Coordinate with the City to determine funding sources, publication dates, environmental and fiscal impact, and schedule of award to meet the City’s deadlines.

City Council 10 – 201 10/3/2023
City of Santa Ana RFP 23-122
Page A1-3

4. GENERAL CONSTRUCTION ADMINISTRATION
a. Coordinate with the City to define the roles and responsibilities during construction and develop a construction management plan.
b. Co-lead pre-construction meeting and schedule and conduct regular construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Will prepare and promptly distribute minutes. c. Record the progress of the project. Submit written daily and progress reports to the City. Keep daily logs containing a record of weather, contractor's work on the site, number of workers and equipment, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor. Monitor contractor's compliance with labor code requirements.
d. Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction. Maintain as-built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including as built records. e. Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in achieving the resolution of problems, which may arise.
f. Manage the Construction Management Software PROCORE, coordinating with the City and contractor to incorporate a centralized platform where all documents are filed and distributed amongst the project team.
g. Shall be responsible for ensuring that all building permits, special permits, if required are obtained, and that all applicable fees have been paid, and shall obtain approvals from authorities having jurisdiction over the Project.

5. SUBMITTAL/RFI REVIEW & PROCESSING
a. The PM shall be responsible for review of completeness and quantity of all required shop drawings, product data, samples and other submittals ("Submittals"). Shall transmit the Submittals to City staffing for review and approval, and shall establish and implement procedures for expediting the processing, approving, and distribution of Submittals.
b. PM shall develop, maintain, and manage all submittal/RFI logs. c. Determine the workflow on PROCORE for all Submittal/RFI review including City staff, design engineers, contractor personnel, and the construction management team.

6. CONSTRUCTABILITY REVIEW
a. Shall review project plans and specifications to determine its “constructability”.

Shall also review construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-time.

Update the project schedule as required showing current conditions and revisions required by actual progress.

City Council 10 – 202 10/3/2023
City of Santa Ana RFP 23-122
Page A1-4
b. The individuals, Project Manager, Inspector and Contract Administrator, shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City's Construction Manager and clarified prior to construction starts.

7. CHANGE ORDER REVIEW
a. Shall conduct comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution.

Shall regularly monitor and report on the status of the Project Construction Budget on a monthly basis, indicating actual costs for completed activities and work in progress, and indicating estimates for uncompleted work. Report should identify variances between actual and budgeted or estimated costs, and shall advise the City whenever it appears that the Actual Construction Cost has exceeded, or will exceed, the Project Construction Budget for the entire Project or any Project Component.

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

9. PROGRESS PAYMENTS
a. Maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records.
b. May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. Make recommendations for certification to the City for payment.
c. Provide status of monthly certified payroll reports and monthly as-builts updates as backup for each payment submitted to the city for review.

10. INSPECTIONS
a. Determine that the work of contractor is being performed in accordance with the contract documents. Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. Subject to review by the City, reject work which does not conform to the requirements of contract documents.
b. Facilitate and coordinate inspection by representatives of other agencies. c. Evaluate the completion of the work of the contractor and make recommendations to the City when work: is ready for final inspection. Assist the City in conducting final inspections.
d. Schedule and coordinate special inspection and material testing with the County of Orange or other consultants.
e. Inspector(s) shall oversee and inspect all aspects of construction to ensure compliance with the Plans, Specifications, and Special provisions.

City Council 10 – 203 10/3/2023
City of Santa Ana RFP 23-122
Page A1-5

11. CLAIMS
a. Claims submitted by the contractor must adhere to the Public Contract Code Section 10240 and 20104.
b. PM shall coordinate with City consultant on claim matters. c. Review all claims and provide an evaluation to the City. Documentation must be provided and reviewed to support any claim. Coordinate the resolution of each claim with suggested design changes that may have been caused by unforeseen field conditions.

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

13. CWA COMPLIANCE
a. Shall monitor and enforce the City's Community Workforce Agreement (CWA) forms and requirements to ensure compliance. Verification should be provided with the monthly progress payments.
b. Outline responsibilities within the agreement and assist contractors in achieving the CWA goal.

14. PROJECT CLOSEOUT
a. The PM shall be responsible for all project closeout items, such as: As-Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the warranty repair.

Should include site visits as requested by the City to look at defects or imperfection to determine if it is a warranty issue.
b. Shall provide a close out report outlining any obstacles, violations, services performed, and final percentages achieved by the workforce as part of the CWA. c. Shall provide a close out report for but not limited to any violations, fringe benefit statements, missing payroll reports, unsatisfactory employee interviews, claims, and any other documentation related to prevailing wage and labor compliance.

15. COMMUNITY OUTREACH
a. Attend and co-lead a pre-construction meeting with the community. Primary purpose of this meeting is to introduce the CM team to the community and discuss major anticipated construction impacts.
b. PM shall coordinate with the city’s community liaison and communicate with the community regarding impacts related to the construction project.

City Council 10 – 204 10/3/2023
City of Santa Ana RFP 23-122
Page A1-6

16. FEDERAL REQUIREMENTS
a. Preparation of Caltrans documentation including but not limited to Award package, interim reports, and final report (close out) to be reviewed by the City. b. Coordinate with the City to ensure Disadvantaged Business Enterprises (DBE) goal is met by contractors and document any changes throughout the length of the project.
c. Compliance with Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) authorized by the American Rescue Plan Act (ARPA). Review ARPA requirements for construction and enforce any regulations set forth by these funds.

All tasks listed above shall be required on an as-needed basis. The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project.

Payment and Invoicing:

Selected Construction Management Firm shall invoice the City based on time and material according to the City’s standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement.

A 10% retention will be held on every invoice through the project.

City Responsibilities:

The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.
• Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City
• Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana’s CADD Standards) • Electronic files for title sheets and sheet borders
• Facilitate meeting space and coordination and City facilities Consultant Responsibilities:

Consultant shall provide all required insurance as outlines in Attachment 3 of this RFP.

City Council 10 – 205 10/3/2023

EXHIBIT B
CONSULTANT’S PROPOSAL
City Council 10 – 206 10/3/2023
On-Call Construction Management
and Inspection Services
RFP No.: 23-122
Santa Ana
City of
Table of Contents

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

2. Scope of Services and Schedule
Appendix
Key Personnel Resumes
Certifications
• 3-1 Non-Collusion Affidavit
• 3-1 Non-Lobbying Certification
• 3-3 Non-Discrimination Certification
Fee proposal submitted as a separate file.

Cannon
Reliable Responsive Solutions
City Council 10 – 207 10/3/2023
Cannon
August 8, 2023
Statements
• We acknowledge
Addendum No. 1 – City
of Santa Ana CWA
Patrick Riddell, PE, CPII, QSD*
Director, Construction Management Division
16842 Von Karman Avenue, Suite 150, Irvine, CA 92606
( 949.753.8111 📱 805.235.0576 * [email protected]
*Authorized representative to legally bind firm.
a. Cover Letter
Mr. Edward Torres, Senior Engineer
City of Santa Ana
Public Works Agency; M-36
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
Subject: On-Call Construction Management and Inspection Services Dear Mr. Torres and Members of the Selection Committee:

The City of Santa Ana has a tremendous responsibility to provide and maintain critical and essential infrastructure for its residents. This construction management and inspection services agreement is a great opportunity for the City to strengthen its resources in anticipation of completing its various construction projects in a timely and efficient manner.

The City needs a dependable and qualified construction management team that can provide on-call construction management services for a variety of projects including street improvements and potable and wastewater infrastructure. Characteristics of a qualified construction inspection team include reliability, responsiveness, and availability. Our team will operate as a seamless and scalable extension of the City, respond proactively to concerns, and understand the City’s standards, guidelines, and construction inspection methods.

Proof of these characteristics is in the quality of the finished product, Cannon’s schedule and cost control abilities, and our diligence in documenting the project. The following Statement of Qualifications demonstrates our ability to provide the characteristics you seek.

During the past 47 years, Cannon staff have had many opportunities to work in an on-call capacity, providing engineering, surveying, and construction management and administration services for municipalities and utility providers. An abbreviated list of clients who have selected Cannon to provide on-call construction management and inspection services in the last five years can be found on page 2.

Our interest in this RFP stems from our construction management division’s current experience working with the City on the Well No. 29 Improvements project and successful history of working on public improvement projects similar to those proposed by the City. Our extensive knowledge of construction management practices for public works projects, established communication strategy, and success in reducing exposure to claims and litigation will support the City’s goals for this agreement.

The following response demonstrates our qualifications. I am available to answer any questions through the contact methods provided below, or to further discuss this proposal.

Sincerely,
City Council 10 – 208 10/3/2023
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City Council 10 – 209 10/3/2023
On-Call Construction Management and Inspection Services Cannon 1 Pump Stations & PRS
Waterline
Firm Background
Since 1976, Cannon has provided services to clients
throughout Southern and Central California. Our staff
of professionals includes registered civil, structural, mechanical, and electrical engineers; construction
managers and inspectors; funding administrators;
instrumentation and controls (SCADA) specialists;
and licensed land surveyors. In addition, we employ
experts in 3D scanning and modeling, permitting and
compliance, Low Impact Development (LID), and the
LEED certification process.

As a full-service construction management, civil
engineering, surveying firm, with more than 135
professionals, Cannon can provide services from
grant management and project planning through
design, construction, and project closeout. We have
specialists in street rehabilitation, water resources,
drainage design, sewer design, roadway design;
hydrology and hydraulics; resource coordination; and
construction scheduling and inspections.

We have extensive experience in construction
management and inspection, design, plan checking
services, and surveying services, for street
rehabilitation, widening and improvement projects
and major street, storm drain, right-of-way, water,
sewer and dry utility design. Cannon provides
preliminary engineering studies and master planning
for drainage facilities, hydrology and hydraulics, water utilities, sewer and dry utilities. Additionally, we have strong experience in the preparation of engineering
documents for all phases of design and construction:
conceptual design, preliminary design, final
engineering, construction documents, construction
support, and construction management.

Our skilled team includes construction managers,
construction inspectors, resident engineers, office
engineers, and funding administrators. Our team
also provides technical support services for special
inspections and materials testing.

ADA Ramps/Curbs/Gutters
Storm Drain
Experience Counts
Cannon offers relevant expertise in the following areas:

Pavement Rehabilitation
Parks and Recreation Street Rehabilitation
Services for the City will be performed primarily from
our Irvine office with support from our other offices.

Cannon office locations include the following:

Irvine
16842 Von Karman Ave.

Suite 150
Irvine, CA 92606
( 949.753.8111
San Luis Obispo
1050 Southwood Drive
San Luis Obispo, CA
93401
( 805.544.7407
Los Angeles
11900 West Olympic Blvd.

Suite 530
Los Angeles, CA 90064
( 310.664.1166
Ventura
305 South Kalorama
Street Suite A
Ventura, CA 93001
( 805.503.4590
b. Contract Agreement Statement
Cannon acknowledges and concurs with the City of Santa Ana’s provisions contained in the issued Attachment 2 Sample Agreement, located in the Appendix of the City’s RFP. c. Firm and Team Experience
Cannon Corporation – Providing Reliable Responsive Solutions since 1976 Sewer Main Lines
City Council 10 – 210 10/3/2023
On-Call Construction Management and Inspection Services Cannon 2 An abbreviated list of clients where we have provided similar on-call services within the last five years is as follows:
• City of Yorba Linda, Construction Management
and Inspection
• City of Santa Monica, Construction Management
• City of El Monte, Construction Management,
Inspection, and Observation
• Santa Clarita Valley Water Agency, Construction
Management, Inspection, and Observation
• Golden State Water Company, Construction
Management, Inspection, and Observation
• Goleta Water District, General Inspection
• Camrosa Water District, Construction
Management and Inspection
• City of Pismo Beach, Construction Management,
Inspection, Administration, and Materials Testing
• City of Santa Maria, Construction Inspection and
Administration
• City of Paso Robles, Construction Management
• County of San Luis Obispo, Civil Engineering and
Construction Services
• City of San Luis Obispo, Civil Engineering and
Construction Management
• City of Chino, On-Call Construction Management
• County of Santa Barbara, Construction
Management
• City of Paso Robles, Construction Management
• County of Ventura, Construction Management
and Inspection
Local Team and Leadership
Cannon’s construction managers and inspectors
are local to Santa Ana. Services for the City will
be provided primarily from our Irvine office only
6 miles from the City’s office.

Strength and Stability
As a growing, financially stable organization, we are
proud of the good credit rating we have earned from
Dunn & Bradstreet in an industry dominated by fair
and poor ratings. Cannon has not been debarred,
suspended, or otherwise declared ineligible to
contract by any federal, state, or local public agency, and has not had a contract terminated for breach with
a client.

Cannon has the financial resources and regular
staffing to provide responsive, reliable services to
the City of Santa Ana, and is able to maintain our
proposed project team (including subconsultants) to
facilitate the timely and continuous performance of
work.

At Cannon, we believe empowering our staff with
opportunities for educational and technical growth
fosters a continuously evolving, collegiate working
environment. Our engineers, surveyors, construction
managers, and other staff regularly attend
workshops, training courses, and affiliate programs
in order to keep abreast of the latest technologies,
methodologies, and respective industry standards and
regulations. We strive to maintain sufficient, adequate, and suitable equipment and facilities to provide our
clients with state-of-the art, quality products and
services, and hold our subconsultants to the same
high standards.

City Council 10 – 211 10/3/2023
On-Call Construction Management and Inspection Services Cannon 3

CM TEAM STATISTICS
230+ 6
miles from the
City office
construction
management /
inspection projects
47 years in
business
Experience Working with Public Agencies / Authorities
Cannon has been committed to providing engineering services since 1976. Our reputation is a direct result of our consistent attention to our clients’ needs. A majority of our firm’s business is from repeat clients who trust in our integrity, as well as our professional competence. We have a team with direct recent relevant experience.

We have a proven record for timeliness and the capacity to complete projects in a timely manner.

Cannon has had the opportunity to build professional relationships with many cities, counties, and local agency representatives throughout Southern California. The following abbreviated list presents a summary of some of the municipal entities we have worked with:
• City of Santa Ana
• City of Garden Grove
• City of Irvine
• City of Anaheim
• City of Fullerton
• City of Arroyo Grande
• City of Atascadero
• City of Bakersfield
• City of Beverly Hills
• City of Buellton
• City of Carpinteria
• City of Chino
• City of Delano
• City of Diamond Bar
• City of El Monte
• City of Glendale
• City of Goleta
• City of Gonzales
• City of Grover Beach
• City of Guadalupe
• City of Hemet
• City of Huntington Beach
• City of Lake Forest
• City of Lancaster
• City of Lompoc
• City of Long Beach
• City of Los Angeles
• City of Los Banos
• City of Lynwood
• City of Manhattan Beach
• City of McFarland
• City of Menifee
• City of Santa Monica
• City of Monterey
• City of Moreno Valley
• City of Morro Bay
• City of Paso Robles
• City of Pico Rivera
• City of Pismo Beach
• City of Pomona
• City of Rancho Palos Verdes
• City of Redondo Beach
• City of Salinas
• City of San Luis Obispo
• City of Santa Fe Springs
• City of Santa Maria
• City of Santa Monica
• City of Simi Valley
• City of Soledad
• City of Solvang
• City of South Pasadena
• City of Ventura
• City of Vernon
• County of Riverside EDA
• County of San Luis Obispo
• County of Kern
• County of Los Angeles
Department of Public Works
• County of Santa Barbara
• County of San Bernardino
• Orange County Public Works
• Santa Ynez Community Services
District
• Santa Clarita Water District
• San Luis Obispo Council of
Governments
• Nipomo Community Services
District
• Ventura County Waterworks
District No. 8
• Newhall County Water District
• Los Angeles Community College
District
• Los Angeles Unified School
District
• Port of Long Beach
City Council 10 – 212 10/3/2023
On-Call Construction Management and Inspection Services Cannon 4 Team Members / Role % Available
Ernesto Ferrer, PE, QSD Project Manager / Sr. Resident Engineer 75 Patrick R. Riddell, PE, QSD CPII, Principal-in-Charge 25 Michael Petrovich, PE Assistant Resident Engineer 75
Jameson Farr, CPII Inspector 100
Antonio Branic Inspector 100
Mossad Rizkalla Inspector 100
Derek Romer, EE Electrical Engineer 25
Nick Hopkins, PE, LEED AP Mechanical Engineer 25
Marshall Pihl, SE Structures / Bridges 25
Mike Kielborn, PE, LEED, AP Water / Wastewater 25
Marcia Bohac Office Engineer 50
Julianna Welch Landscape Design 50
Percentage of Time Devoted to Project
Cannon’s current and anticipated workload allows us to completely and comprehensively fulfill on-call services that may be assigned by the City of Santa Ana. As an on-call service provider for many clients throughout Southern California, we understand the importance of meeting project schedules and deliverable deadlines.

Our key team members are qualified construction management and inspection staff that will provide needed reviews in an efficient, timely, cost-effective manner. The following table illustrates percentages of time our personnel, as identified in the organizational chart, will be assigned to the project.

Project Manager /
Senior Resident Engineer
Ernesto Ferrer, PE, QSD 🔑
Organizational Chart
City of Santa Ana
Technical Support Services
Water / Wastewater
Mike Kielborn, PE, LEED, AP
Instrumentation / Traffic Signals
Jeff Spannbauer, PE
Electrical Engineer
Derek Romer, EE
Structures / Bridges
Marshall Pihl, SE
Mechanical Engineer
Nick Hopkins, PE, LEED AP
Principal-in-Charge
Patrick R. Riddell, PE, QSD, CPII 🔑
🔑 Key Team Members
Office Administrators
Engineer Assistant II
Marcia Bohac
Landscape Design
Julianna Welch
Construction Inspectors
Jameson Farr, CPII 🔑
Antonio Branic 🔑
Mossad Rizkalla 🔑
Assistant Resident Engineer
Michael Petrovich, PE 🔑
City Council 10 – 213 10/3/2023
On-Call Construction Management and Inspection Services Cannon 5 Construction Management Services
We have selected our key personnel for this on-call contract based on their extensive construction management and inspection experience. They each have significant experience working with public agencies during their tenure and have worked together on most of our projects. Cannon’s construction management and inspection team is experienced in the Standard Specifications requirements for Public Works Construction (Greenbook) materials sampling and testing. Often, the timeliness of inspection and testing is critical to confirming each project remains on schedule. Our inspection staff are well versed in public works inspection methods and thoroughly trained in performing required testing and inspection procedures. We are committed to providing the City an efficient construction management and inspection process, and aim to avoid potential delays.

Pre-Construction Activities
• Construction Management
Procedure Preparation
• Constructability Review
• Bid Preparation, Evaluation,
and Administration
• Bid Analysis
• Contract Document Evaluation
• Pre-Construction Conference
• Project Budget Review/
Preparation
• Baseline Schedule Analysis
• Storm Water Pollution
Prevention Plan (SWPPP)
Review
• Pre-Construction Submittal
Reviews
Contract Administration
• Contract Management Plans
• Contract Change Management
• Construction Records and
Procedures
Progress Documentation
• Weekly Progress Meetings
• Look Ahead Schedule
• Weekly Statement of Working
Days
• Photo and Video
Documentation
• Weekly/Monthly Progress
Reports
• Daily Construction Reports
Quality Assurance
• Construction Inspection
• Special Inspection
• Contract Compliance
Monitoring
• QA/QC Monitoring
• Independent Assurance
Coordination
• Submittal Review
• Request for Information (RFI)
Processing
• Construction Document
Review
Coordination and Compliance
• Third Party Coordination
• Utility Coordination
• Environmental Compliance
Assurance
• Storm Water Pollution
Prevention Plan (SWPPP)
Monitoring and Reporting
• Labor Compliance Programs
• Federal Funding Requirements
• Materials Expertise/Selection
• Materials Inspections and
Records
• Compaction Records
• Sampling and Testing Records
• Hazardous Materials
Management
• Construction Waste Monitoring
Surveying
• Quantity Surveys
• Horizontal and Vertical Control
• Construction Staking and
Layout
• Grade Checking
Cost Controls and Claims
• Payment Request Review
• Quantity Calculations
• Materials on Hand Payments
• Progress Payments
• Contract Change Order
Management
• Extra Work/Adjustments of
Compensation
• Retention/Deductions/
Liquidated Damages
• Claims Review and
Negotiations
Schedules
• CPM Scheduling
• CPM Baseline and Updates
• Time Impact Analysis
• Project Closeout
• Final Payment
• Final Inspection of Work
• Punch Lists
• Substantial Completion and
Contract Acceptance
• As-Built Record Drawings
• Final Documents and
Construction Records
• Final Project Report(s)
City Council 10 – 214 10/3/2023
On-Call Construction Management and Inspection Services Cannon 6 d. Understanding of Need
The City is anticipating a variety of construction
projects to commence soon, and is seeking a
consultant that has demonstrated familiarity and
experience with construction management and
inspection.

The City will evaluate consultants for their experience and ability to provide construction management for
variously funded projects. We are aware that the City
intends to contract with multiple consultants with the
goal of obtaining services in a timely manner.

Cannon is prepared to serve as an extension of the
City’s staff by providing the following services:
• Constructability review
• Oversight of construction surveying and material
testing (testing services provided by others)
• Pre-job coordination and administration activities
• Construction partnering
• Construction coordination
• Construction inspection
• Construction management and contract
administration
• Resident engineer / owner’s representative
• Construction engineering
• Cost and schedule control
• Change orders and claims
• Project close-out
Tailored Project Approach
Since no two projects are exactly alike, we
believe that a tailored approach is necessary to
meet the City’s needs and budget, as well as the
requirements of each project. The specific approach
will depend on the nature of the project.

Forward Thinking
Being able to proactively work with the
contractor and anticipate project challenges before
they impact the critical path schedule separates
a “good” resident engineer from one that simply
“observes and reacts.” The right resident engineer
for the City will have a thorough understanding of
project phasing and design to confirm that items
(such as existing utilities) are properly marked, and
discrepancies identified before construction begins;
underground work is completed in advance; and
coordination with utility providers is established.

Information and Participation from City Staff
Since each project is distinct, the specific
information required from City staff will be determined at the onset of each project. In general, for each
project, we will facilitate a kick-off meeting with
City staff. At that time, specific information and/or
participation of City staff will be further developed.

Communication Strategy
As is true with most projects, communication
is essential in successfully avoiding or resolving
problems that may be encountered during the course
of a project. Understanding our role in relation to
those of the City’s director of public works, design
engineer, and contractor is paramount. On-site staff
are responsible for keeping parties informed as to
the progress of the project. We recommend clear
and concise procedures for communications that will
expedite and facilitate project work.

Confirming that information is available to the
construction team in the shortest possible time is
essential. In collaboration with the City, Construction Manager/ Resident Engineer Mr. Ernie Ferrer, PE will
establish procedures for recording and distributing
correspondence, meeting minutes, reports, and
other conversations to promote open channels of
communication on a construction project. Standards
for recording, maintaining, and distributing this
correspondence will be established at the onset
of the project. We recommend these standards be
maintained throughout the course of the project.

Approach to Delivering Services
2 3
4 1
City Council 10 – 215 10/3/2023
On-Call Construction Management and Inspection Services Cannon 7 In line with communication is record keeping.

The more complete the documentation, the more
effective Mr. Ferrer will be in resolving problems.

In addition, this information can be used to avoid
claims if the evidence is sufficient and clear. Written correspondence and notes are of the highest
importance. Communications with the contractor in
meetings or over the telephone will be summarized
in writing. We will coordinate with the City and project contractor for payment estimates, change orders,
project meetings, submittals, RFI’s, and as-built
drawings.

Mr. Ferrer is typically responsible for project
coordination and communication with project
stakeholders. He implements record keeping
procedures and construction administration systems
and is responsible for project management. He keeps
the City and Assistant Construction Manager, Michael
Petrovich, updated on a project’s status to maintain
proper quality control.

Documentation
Timely, detailed, and accurate documentation
of the implementation and progress of the work is
paramount. Done well, written documentation tells the
“story” of the project and brings issues to the forefront for early and quick resolution. Weekly progress
meetings, schedule reviews, processing of RFI’s,
submittals, and change orders help to facilitate open
and complete communications throughout projects.

Interagency / Stakeholder Coordination
Working closely with project stakeholders from
beginning to end on City projects is very important.

Stakeholders include City staff, the design team,
local and regional government agencies involved
with the project, residences and businesses,
the local community, tourists, and patrons from
surrounding communities. It is imperative that the
resident engineer stay attuned to the impacts of the
project on each of these stakeholders and be able to
communicate effectively (verbally and in writing) in the event adjustments are necessary.

Public Inconvenience
Construction activities are often scheduled
to occur through the high tourist season and have
potential to impact nearby businesses and residences.

To reduce disruption on a project, our proposed
resident engineer will be responsible for confirming
that the project contractor provides a clean and safe
project site, and provides effective communication
with the nearby businesses, should the need arise, to
discuss potential inconvenience during the duration of
construction.

Local Assistance Procedures Compliance
When handling a project using Federal Highway
Safety Improvement Program (HSIP) funding, the
provisions of Chapters 16 and 17 of the LAPM will
be in strict compliance for the construction records,
procedures, and documentation. As a matter
of practice, Cannon implements a construction
management system based on the Caltrans
Construction Manual and Oversight Engineer Field
Guidelines.

Funding Requirements
State and Federally funded projects form a
distinct subset of transportation projects that must
comply with specific rules and laws (in addition to
those of the California Public Contracts Code), and
other regulations. In California, Caltrans has been
given the authority to oversee the administration
of projects that include State and Federal funding
sources.

Traffic Control and Public Safety
A key component to understanding most
construction projects is having a solid foundation of
knowledge in MUTCD and Caltrans requirements.

Disruption to the flow of traffic must be reduced to
avoid public discontent and complaints. We have
recent experience with Caltrans highway projects
involving signal and curb ramp replacements and
understand the importance of these public safety
requirements. In addition, we have worked with the
Caltrans Lane Closure System and Caltrans Right-ofWay (ROW) and permitting staff, and we understand the methods and processes required should there be
a need for lane closures within State highway ROW
for City projects.
5 7
6 8
9 10
City Council 10 – 216 10/3/2023
On-Call Construction Management and Inspection Services Cannon 8 Construction Schedule and Budget
A properly managed schedule is
instrumental in maintaining project progress and
establishing a common basis on which time and
cost issues or disputes may be negotiated. To keep
a project on schedule and budget, the City must
select an experienced and proven management
team. As implemented successfully on similar
projects, we will implement a systematic process
for keeping construction records, procedures, and
materials sampling and testing in service at times for
the duration of a project. Likewise, the firm selected
should be well established in the community with a
strong local presence and readily available resources
to support the efforts required for City projects.

Having worked with numerous local and regional
public agencies, we clearly understand the need to
work within available budgets while providing value
on projects. We understand that the immediate and
long-term value may not be represented by the lowest
fee estimate. We have developed effective cost-saving
strategies that have been successful for our private
industry and public clients alike.

Our initial project reviews include assessing optional
approaches for cost saving strategies. A detailed
understanding of a project allows for development
of alternatives that may save costs while achieving
goals.

These strategies may include the following:
• Invite experienced staff to review projects and
identify key factors that helped increase efficient
project delivery for similar projects in the past.
• Provide research using Cannon’s Project
Database System to identify existing surveying
and other site data for the project.
• Provide Cost-Benefit Analysis and Value
Engineering Reviews.
• Review projects for possible alternative
technologies or innovative approaches.

Early, clear, and concise communication with
impacted private property owners, utility providers,
or Caltrans facilities on anticipated projects will pay dividends in delivering projects on time. At the onset
of the project, we recommend making these types
of determinations to reduce project schedule risks.

Assigning team roles with the City, other consultants,
and in-house staff to overcome these obstacles will be
critical on each project.

ADA Compliance
Compliance with the Americans with
Disability Act (ADA) is critical to the successful
completion of most street improvement projects. New
concrete ramps, sidewalks, and islands will require
grades and slopes to be verified to confirm minimum
ADA requirements are being met. In addition, the
location of new signal poles and signal features
such as pedestrian push buttons (PPB) also fall
under requirements of ADA for clearance, reach,
and height requirements. We have successfully
provided construction man-agement and inspection
on transportation projects with these compliance
requirements.

TecRecord Keeping - PROCORE
Project documents, drawings, contract
change orders, contractor submittals, shop drawing
and correspondence will be maintained in electronic
form and hard copy. Submittals, RFIs, and other
documents will be maintained using PROCORE,
a cloud-based project management software. We
will maintain an “as current” basis, a record copy of
contracts, drawings, specifications, addenda, and
change orders.

Quality Assurance / Control Procedures
We are prepared to provide our clients
services for each phase of their project, from bid
support through preconstruction preparations,
construction, and project close-out. As the first
order of work on a project, we develop a custom
Construction Management Plan, developed for
the type of work, the plans and specifications, and
contractual requirements of the project (see sample
in Figure 2). So that we can assign sufficient staff
for your projects, this checklist will be used in
collaboration with the City during scoping meetings to
determine which specific tasks are needed for each
project.

Figure 2. Sample Construction Management Plan
Checklist
11 12
13 Construction Management Plan Checklist

1. 1.

2. 3.

4. Contacts (Business Card Insert)
Encroachment Permit
Special Provisions
Bid Items
Pre-construction (include following items under this tab:) Notice to Proceed and Notice of Pre-Construction Conference (City to provide copy) PRECON Sign In Sheet
PRECON Agenda
Design Phase:

CM Responsibilities Prior to Construction:

Provide design staff with constructability reviews of draft plans and specifications during design phase.

Review project plans and contract documents
Review questions with City's project manager and project engineer/architect Review pay quantities for awareness
Prepare and maintain Project Binder- to be tabbed as follows; 14 City Council 10 – 217 10/3/2023
On-Call Construction Management and Inspection Services Cannon 9 The City of Huntington Park (City) was awarded a
grant from the Community Development Block Grant
Program (CDBG) to upgrade and replace various
components of the City’s infrastructure system.

Improvements included pedestrian safety and mobility
enhancements, ADA-compliant pedestrian ramp
upgrades, striping, and removal and replacement of
existing water and sewer service laterals. Cannon
provided construction management and inspection
services and monitored compliance with Greenbook
standards, public contracting code, and procurement
requirements.

Key Project Team Members
• Patrick Riddell, PE, QSD Project Manager
• Michael Petrovich Assistant Resident Engineer
• Mossad Rizkalla, CPII Construction Inspector
• Jameson Farr, CPII Construction Inspector
Reference: Cesar Roldan, Director of Public Works
City of Huntington Park
6550 Miles Avenue Huntington Park, CA 90255
( 323.584.6320 * [email protected]
Construction Management and
Inspection for Street Reconstruction
Huntington Park, California
Fee: $262,448 / Year Completed: 2023
Cannon provided construction management and
inspection services for the demolition of an existing
pump building with associated pumping equipment
and piping; construction of a new pump building with
a conference room, office, and restroom; installation
of three new pumps and motors including suction
header piping, discharge header piping, and other
associated piping; electrical upgrades including a
new SCE service, MCC, power distribution, and a
diesel emergency back-up power system complete
with an automatic transfer switch; instrumentation
upgrades including a new SCADA panel; landscaping
and irrigation improvements; and site improvements.

Work also included coordination with the City of
Whittier for obtaining the permits and connection of
the on-site sewer to the City’s sewer system. Cannon
provided full-time on-site observation and inspection,
daily reports, weekly progress meetings, agency
coordination, as well as coordination of RFIs and
submittals. Procore was used as the software for
organizing the project files and communication. Reference: Jorge Lopez, Engineering Director Suburban Water Systems
1325 N. Grand Avenue, Suite 100, Covina, CA 91724
( 626.543.2500 * [email protected]
Construction Management and
Inspection for Suburban Water
Systems Plant 209
Covina, California
Fee: $296,753 / Year Completed: 2020
e. Relevant Project Experience
Key Project Team Members
• Patrick Riddell, PE, QSD Project Manager
• Derek Romer, EE Electrical Engineer
City Council 10 – 218 10/3/2023
On-Call Construction Management and Inspection Services Cannon 10 In order to re-classify Bastanchury Road as
a Modified Primary Arterial, the City of Yorba
Linda selected Cannnon to provide construction
management and inspection services for the preconstruction phase. The overall project scope included modifying the vertical curve of the roadway
to improve sight distance for motorists, elevating
portions of the roadway centerline to 6-feet,
constructing retaining walls to accommodate the
raised elevation, and installing traffic signals at the intersection of Bastanchury Road/Casa Loma Avenue
and Bastanchury Road/Eureka Avenue. The project
also involved adding new bike lanes, a multi-purpose
trail, and sidewalk/parkway improvements with new
irrigation and landscaping. Our team coordinated
utility relocations (specifically Southern California
Edison (SCE) power poles), with SCE and other
utilities prior to the Bastanchury Road widening.

Key Project Team Members
• Patrick Riddell, PE, QSD Project Manager
• Gary Solsona, PE, QSD Civil Engineer
Reference: Rick Yee, PE, Assistant City Engineer
City of Yorba Linda
4845 Casa Loma Avenue, Yorba Linda CA 92886
( 714.961.7171 * [email protected]
Constructability Review and
Pre-Construction Support Services
for Bastanchury Road
Yorba Linda, California
Fee: $ 25,078 / Year Completed: 2022
The City of Monterey Park enlisted the services of
Cannon to provide construction management and
inspection services to help accelerate the construction of the Monterey Pass Road transmission main project
which included replacement of an existing 12-inch
water transmission main and installation of two new
transmission water mains parallel to one another in
a single trenchline. The existing water transmission
main provided water and fire service to residences
and businesses. Due to the numerous breaks within
the previous year, this was an emergency project and
was being fast-tracked to mitigate the loss of water
and manpower needed to make recurring repairs to
the existing water transmission main. The project
included approximately 4,800 linear feet (LF) of
existing 12-inch pipelines with approximate-ly 4,800
LF of two new 12-inch water lines (both lines to be
utilized as transmission lines and as distribution
mains). Both new water lines provided water and
fire service to the residences and businesses along
Monterey Pass Road. The project also involved the
connection of the new pipelines to the existing water
system while maintaining water service.

Monterey Pass Road
Transmission Main Replacement
Monterey Park, California
Key Project Team Members
• Ernesto Ferrer, PE Project Manager
• Michael Petrovich Assistant Resident Engineer
• Antonio Branic Construction Inspector
Reference: Ziad Mazboudi, Project Manager
City of Monterey Park
320 West Newmark Avenue, Monterey Park, CA
91754
( 626.307.1320
* [email protected]
Fee: $ 25,078 / Year Completed: 2022 (projected)
City Council 10 – 219 10/3/2023
On-Call Construction Management and Inspection Services Cannon 11 The Van Ness Avenue and 139th Street Improvements
will improve pedestrian safety and traffic circulation for motorists, as well as improve drainage patterns.

Cannon provided construction management and
inspection services to assist in implementing the
project. Improvements included replacing noncompliant ADA ramps; edge grinding; cold milling of the existing pavement with localized removal; replacing the existing asphalt/structural section of the highway; repaving; removal and replacement of curb, gutter,
and sidewalk; removal and replacement of trees;
resetting valve boxes, manhole frames, and covers;
and modifying striping and signals. The project also
requires extensive coordination of traffic control and
close coordination with emergency services, local
agencies, utility companies, and the public in this high traffic location.

Currently the Contractor has completed each of
the removals on the project, including the grinding
of asphalt. The contractor has also completed the
concrete work and is scheduled to start paving on Feb
17, 2022. This will be followed by installing signing,
striping, traffic loops, and traffic signal modifications.

Project limits extend along Van Ness Avenue from
135th street to Marine Avenue and along 139th Street
from Van Ness Avenue to Western Avenue.

Key Project Team Members
• Patrick Riddell, PE, QSD Project Manager
• Jameson Farr, CPII Construction Inspector
Reference: Jose Espinoza Engineering Technician
City of Gardena
1700 West 162nd Street, Gardena, CA 90247
( 310.217.9568 * [email protected]
Construction Management and
Inspection for Van Ness Avenue and
139th Street Improvements Project
Gardena, California
Fee: $110,523 / Year Completed: 2022
The City of Gardena made improves to the existing
roadway and associated infrastructure along Budlong
Avenue and Halldale Avenue. The improvements
included cold milling, ARHM overlays, various
concrete improvements, traffic signal improvements,
striping and raised pavement markings, and tree
removal and planting.

The City selected Cannon to provide construction
management and inspection services. The project
consisted of the installing approximately 780 tons
of asphalt concrete (AC), 3,250 tons of asphalt
rubberized hot mix (ARHM), 144,400 square feet (SF)
of slurry seal, 215 linear feet (LF) of curb & gutter, 980 SF of sidewalk, 2,430 SF of concrete driveway, and
420 SF of alley approach. The project was completed
in 75 working days.

Key Project Team Members
• Ernesto Ferrer, PE Project Manager
• Patrick Riddell, PE, QSD Principal-in-Charge
• Michael Petrovich Assistant Resident Engineer
• Jameson Farr, CPII Construction Inspector
• Marcia Bohac Office Engineer
Reference: Frank Sanchez, Senior Civil Engineer
Public Works
City of Gardena
1700 West 162nd Street, Gardena, CA 90241
( 310.217.9568 * [email protected]
Construction Management and
Inspection for Budlong/Halldale
Street Improvements Project
Gardena, California
Fee: $158,976 / Year Completed: 2023
City Council 10 – 220 10/3/2023
On-Call Construction Management and Inspection Services Cannon 12 The following is a list of clients we’ve worked with in the recent past who can attest to our commitment to excellence, reliability, and responsiveness. Please feel free to contact them as you see fit.

Gilbert Castillo
Senior Engineer
Public Works Department
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
( 714.647.5400
* [email protected]
• Cannon is currently providing
Construction Management
and Inspection Services
for Santa Ana Well 29
Improvements, presently in
pre-construction phase.

Cesar Roldan
Public Works Director
Public Works Department
City of Huntington Park
6900 Bissell Street
Huntington Park, CA 90255
( 323.584.6320
* [email protected]
• Construction Management
and Inspection Services for
CIP 2021-01 SB1 CDBG
Street Reconstruction Project
Frank Sanchez
Senior Civil Engineer
Public Works Department
City of Gardena
1717 W. 162nd Street
Gardena CA 90247
( 310.217.9568
* [email protected]
• Construction Management
and Inspection Services for
Budlong and Halldale Street
Improvements.
f. References
City Council 10 – 221 10/3/2023
On-Call Construction Management and Inspection Services Cannon 13 Scope of Work
The following scope of services demonstrates
Cannon’s approach to completing tasks that may be
needed by the City. We look forward to working with
the City to identify and develop a specific scope to
meet project and scheduling needs:

Phase 1 - Preconstruction Services
Task 1.1 – Resident Engineer/Administrator
A project manager (PM) will be assigned to the project
and will represent the City throughout the project’s life cycle. The PM will have over five years of experience
and possess relevant certifications and credentials.

All inspectors and administrators will have relevant
construction management experience, certifications,
and references that demonstrate their experience.

Task 1.2 – Bid Analysis
We will attend the pre-bid conference and the bid
opening as part of the bidding process. The PM will
assist the City and design engineer in evaluating
and reviewing bid proposals, subcontractors,
suppliers, and requests for substitute materials and
equipment. We will examine, organize, and inventory
bid documents (certificates of insurance, bonds, and
“New Vendor Packet”) submitted by all bidders and
determine the lowest responsible bidder.

Task 1.3 – Staff Reports
After the lowest responsive bidder has been
confirmed, we will prepare a staff report for the
recommendation of contract award to the City.

Additionally, if requested, we will coordinate with the City to determine funding sources, publication dates,
environmental and fiscal impact, and schedule of
award to meet the City’s deadlines.

Task 1.4 – Constructability Review
The PM shall assist the City and design engineer in a
review to determine the constructability of proposed
project. We will give attention to potential construction schedules, activity sequences, and duration, while
considering long lead time items. We will provide
feedback to City and design engineer on likely
construction timelines of proposed projects.

Task 1.5 – Preconstruction Conference
We will conduct a pre-construction conference and
site tour with the City, involved agencies, utilities, and the contractor’s team as they prepare to mobilize for
the project. The RE and support staff will review plans and specifications with the contractor to facilitate the contractor’s understanding of the project. In addition, we will do the following:
• Review the contractor’s construction schedule
for the project, including equipment, labor, and
supervision planning.
• Review appropriate protocols and procedures
detailed in the construction documentation.
• Apprise the contractor of contract requirements
regarding security matters such as fences,
lighting, and posting of signs.
• Prepare the meeting minutes for the preconstruction meeting.

Task 1.6 – Preconstruction Documents
Upon award of the contract, we will review the
contractor’s surety bonds, certificates of insurance,
preliminary schedules, building permits, special
permits, and other documents required prior to
construction for general compliance with the contract
documents and authorities with jurisdiction. We will
provide the City with recommendations based on the
findings of the preconstruction documents review.

Task 1.7 – Community Outreach Assistance
We will co-lead community outreach efforts with the
City, coordinate with the City’s community liaison,
and incorporate community messaging into our
day-to-day activities. We will wield our extensive
experience working on highly visible projects to
keep messaging clear, current, concise, and correct.

Temporary message boards, traffic signs, and public
notifications will be reviewed with the City’s input and communicated with the contractor in advance, so the
community stays well informed.

Our team is well-versed in interacting with the
public during construction. We will be the first line
of contact in addressing community concerns and
complaints with the attention that the citizens of
Santa Ana deserve. Our goal is that safety and public
convenience be addressed at each location. We will
meet that goal through our systematic construction
management program and effective communication in
partnership with the City.

Scope of Services and Schedule
City Council 10 – 222 10/3/2023
On-Call Construction Management and Inspection Services Cannon 14 Phase 2 – Construction Services
Task 2.1 – Scheduling
We will review the contractor’s schedule to confirm the project is in accordance with the contract document
requirements. We will complete the following tasks
associated with confirming the overall schedule:
• Review the contractor’s schedule to determine
that it is properly prepared, that the milestones
dates meet the overall schedule, and that there
are no major conflicts.
• Review progress against the approved schedule
to adequately record work-in-place, detect
potential delays, and review the contractor’s plan
for implementation of remedial measures, when
appropriate, to recover or maintain progress.
• In conjunction with the City, negotiate schedule
adjustments with the contractor, which may be
required due to weather, change orders, or other
impacts requiring schedule adjustments.

Alternatively, if requested by the City, Cannon will
develop a schedule that details the work phases
to be completed, the task to be accomplished, the
deliverables to be provided, and the schedule/
timeline to complete the project, based upon the
requested Scope of Work details in Attachment 1
of this RFP.

Task 2.2 – Progress Meetings
We will conduct weekly progress meetings with
the contractor and the City representatives. These
meetings will include the following tasks:
• Review progress and quality of work.
• Review submittal and RFI logs.
• Notify the attendees of construction deficiencies.
• Discuss labor, material, and equipment related to
• upcoming work.
• Address team coordination matters.
• Review maintenance of “as-built” drawings
throughout construction.
• Conduct each meeting according to a published
agenda and prepare and promptly distribute
meeting summaries. Meeting summaries will
detail action items, the discussions that ensued,
and announce the time and date of the next
meeting.

Task 2.3 – Special Meetings
We will attend and conduct up to ten meetings with
the project team and contractor to address special
issues such as pre-submittals, mobilization of major
subcontractors, change order negotiations, and
startup.

Task 2.4 – Project File Database
We will provide a web-based, centralized document
system using PROCORE. The development and
implementation of the centralized document system
will include the following:
• Design of the centralized document system to
support project file database.
• Procurement of the software and licenses
for the system. We will administer the project
database by establishing access and read/write
permissions to the City, contractor, and design
engineer.

Documents to be tracked in the system include the
following:
• Project drawings
• Project specifications
• Drawings and specification addenda
• Correspondence
• Submittals/shop drawings
• Requests for information (RFI)
• Change orders and change order requests
• Meeting agendas and meeting summaries
• Daily reports
• Daily Photos
• Inspection reports
• Testing reports
• Project schedules
• Progress payments
• Permits
• Warranties
City Council 10 – 223 10/3/2023
On-Call Construction Management and Inspection Services Cannon 15 The centralized document system will be webbased
The City will require the contractor to use the
centralized document system for management and
transfer of the project related documentation and
correspondence.

Task 2.5 – Submittal Management
Cannon will provide timely coordination with the City’s designated design engineer for submittals of materials
not supplied by the City, operations and maintenance
manuals, and shop drawings. In addition, we will
perform the following tasks associated with the
management of project submittals:
• Verify that the contractor’s look-ahead schedules
contain critical submittal dates.
• Confirm that submittals are reviewed in
accordance with the contract documents.
• Update submittal logs on a regular basis.
• Ensure that shop drawings have been reviewed
and returned before associated work has begun.
• Maintain a copy of completed submittals in the
project records.

After submittal review is complete, we will return
the submittal to the contractor and forward a copy
to the City for record. While most submittals will be
transmitted to the design engineer for an official
response, Cannon will also review submittals and
provide feedback to the City/design engineer, as
applicable, prior to returning to the contractor. We can review and provide an official response to submittals
the design engineer would typically not review, such
as stormwater pollution prevention plans (SWPPP),
traffic control plans, contractor safety programs, and
other work plans.

Task 2.6 – Construction Observation
We will implement observation guidelines for
monitoring the quality of the contractor’s work. We will conduct field observation and prepare documentation,
in the form of daily reports, of construction tasks
including but not limited to construction staging,
utility coordination, mechanical and electrical
equipment, instrumentation, vehicular and pedestrian
access, drainage, NPDES requirements, concrete,
grading, building construction, paving, lighting, and
landscaping and irrigation.

Should materials, installation processes, or levels of
quality not comply with construction contract documents, Cannon will first discuss with the City, then issue a non-conformance report notifying the contractor of deviation and inquire about the contractor’s proposed corrective action. Copies will be for-warded
to the City.

The contractor has sole responsibility for compliance
with safety requirements on the construction contract. Cannon’s staff will monitor the contractor’s general compliance with its safety program and
advise the City of observed deficiencies. We will take
the necessary steps to confirm the jobsite conditions
are compliant with OSHA regulations.

We will obtain and manage delivery slips for checking
payment requests, maintain a photographic log of
construction activities, and provide the City copies of significant photographs. We have assumed 75% of the
time will be on-site observation during an assumed
12-month construction phase.

Task 2.7 – Construction Surveys and Staking
Coordination
We will observe and review the contractor’s surveys
and staking, and coordinate with the contractor and
licensed surveyor to quantify and confirm quantities of work provided by the contractor.

Task 2.8 – Stormwater Pollution Prevention Plan
We will review the Storm Water Pollution Prevention
Plan (SWPPP) submitted by the contractor and
will monitor and document the contractor’s general
conformance with the SWPPP. We assume that
the City will file the SWPPP with the State Water
Resources Control Board SMARTS System.

Task 2.9 – Request for Information (RFI)
We will maintain a log of contractor’s Requests
for Information (RFI), and will review, coordinate,
and respond to RFIs. When appropriate,
recommendations, suggestions and alternatives will
be provided to the contractor and/or the City.

City Council 10 – 224 10/3/2023
On-Call Construction Management and Inspection Services Cannon 16 Task 2.10 – Change Orders
We will investigate proposed change orders submitted
by the contractor or requested by the City. Change
order submittals will include supporting records.

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

We will complete the following tasks associated with
change orders:
• Assemble documentation to include, such
as inspection reports, test reports, drawings,
sketches, photographs, and other materials, as
required.
• Prepare change order cost estimates conforming
to the City’s procedures and forms; assess
the impacts of the proposed change on the
contractor’s schedule and operations; and
prepare a written report summarizing the impact
of the proposed change on cost, schedule, and
contractor’s obligations.
• Confirm the contractor’s price proposals are
reasonable and accurate for construction
quantities, rates and unit prices, and time and
schedule.
• Maintain a change order log to track change
order proposals through the review and approval
process.

Task 2.11 – Claims Assistance
We will coordinate with City consultant on claim
matters. Claims submitted by the contractor must
ad-here to the Public Contract Code Section 10240
and 20104. Documentation must be provided and
re-viewed to support a claim. We will review claims
and provide an evaluation to the City and coordinate
the resolution of each claim with the project team.

Task 2.12 – Progress Pay Estimates
We will review the contractor’s monthly progress
payment requests, construction contract records,
and reports for general compliance with contract
documents. We will maintain an estimate of overall
construction cost based on contractor’s bid and
earned value of completed work, and compile and
forward recommendations for contractor payment to
the City.

Phase 3 – Specialty Services
Task 3.1 – Materials Testing and Special
Inspection
If needed, a geotechnical subconsultant will provide
materials testing and special inspections during
construction. The materials testing and special
inspections will be conducted in accordance with
the City-approved frequencies and procedures, the
construction contract plans and specifications, and
applica-ble materials testing manuals. We will review
the results of materials testing and quality inspections, and will recommend acceptance of work in general
compliance with the contract documents or remedial
ac-tions required to correct unacceptable portions of
the contractor’s work.

Task 3.2 – Labor Compliance
We will provide a labor compliance program to
monitor the contractor’s labor compliance, which
includes the following:
• Pre-Job Conference: Conduct a prejob conference with the contractor and subcontractors listed in the bid before
commencing work. Labor compliance
requirements will be discussed and copies of the
suggested reporting forms furnished. Records of
the conferences will be kept on file.
• Monthly Audit of contractor Certified
Payroll: Review certified payrolls submitted by
the contractor and subcontractors to confirm
compliance with the requirements of prevailing
wage. Monitor that apprenticeship requirements
are being met.
• Monthly On-Site Interview: Conduct random
on-site contractor employee interviews monthly,
as required by the labor compliance program.
• Violation Enforcement and
Recommendations: Communicate potential
violations to the City and provide recommended
action.
• Annual Reporting to the Department of
Industrial Relations (DIR): Compile and submit
a summary report to the DIR. The report will be
submitted annually during construction and at the
conclusion of the project.

City Council 10 – 225 10/3/2023
On-Call Construction Management and Inspection Services Cannon 17 Task 3.3 – City’s Community Workforce
Agreement
We will confirm compliance with the City’s Community
Workforce Agreement (CWA) forms and requirements.

We will provide verification of compliance with monthly progress payments. We will also provide an outline
of responsibilities to the contractor to assist them in achieving the CWA goal.

Task 3.4 – Start-up and Commissioning
Coordination
We will serve as the start-up and commissioning
liaison coordinating with the contractor to develop and implement a start-up and commissioning plan. We will
observe, monitor, and accept the operational testing
of various components, and will perform the following
tasks:
• Coordinate contractors’ start-up and
commissioning activities and compare to contract
document requirements, operations plan, and
acceptance plan, and advise the City of nonconformance is-sues. • Coordinate with the City staff, contractor(s),
systems integrator, and construction
management team start-up specialists.
• Review the contractor’s operational testing plan
and acceptance plan, and advise the City as to
sta-tus of the scheduled tasks.
• Coordinate up to six contractor/client meetings to
review start-up status.

Task 3.5 – State and Federal Requirements
We prepare Caltrans documentation, including award
package, interim reports, and final report (close out)
to be reviewed by the City. We will coordinate with
the City to confirm the Disadvantaged Business
Enterprises (DBE) goal is met by contractors and
document changes throughout the length of the
project. We will confirm compliance with Coronavirus
State and Local Fiscal Recovery Funds (CSLFRF)
authorized by the American Rescue Plan Act
(ARPA). We have reviewed ARPA requirements
for construction and will confirm compliance with
regulations set forth by these funds.

Phase 4 - Post Construction Services
Task 4.1 – Final Inspection and Punch List
We will evaluate the substantially complete facilities
to confirm general compliance and/or identify
discrepancies and deficiencies in the work completed
by the contractor. We will compile a punch list,
transmit to the contractor, and monitor completion
of the punch list items. We will report to the City
upon the completion of the project, and make
recommendations regarding project acceptance,
retention of funds, and final payment to the contractor.

Task 4.2 – Project Close-out
We will coordinate project close-out negotiations
with the City and contractor. We will provide
recommendations to the City addressing payment,
lien releases, and final change orders.

Task 4.3 – Final Report
We will prepare and submit a final construction report, including the following:
• Operations manuals for equipment furnished by
the contractor
• Testing records
Task 4.4 – Processing of Record Drawings
We will maintain a hard copy file of the construction
drawings at the on-site office for the purpose of
documenting field changes, as-built conditions,
and approved changes. We will provide the City
with monthly as-built updates as part of progress
payment packages. After receiving the contractor’s
mark- ups of changes and as-built conditions, we will
transmit the final as-builts to the design engineer for processing of record drawings.

Task 4.5 – Warranty Period Review
We will visit the project with the City and engineer
prior to the end of the one-year warranty period
to observe any apparent defects and make
recommendations for required replacements or
corrections.

City Council 10 – 226 10/3/2023
On-Call Construction Management and Inspection Services Cannon 18 Example Schedule
ID Task Name Duration Start Finish Predecessors Cost
1 Lompoc Landfill Drainage Improvements; City Project No.

FY-20-LF-1 (RFP-20-LF-1b)
155 days Mon 3/20/23 Fri 10/20/23 $5,202,954.00
2 ***City Executes Construction Management Contract*** 0 days Mon 3/20/23 Mon 3/20/23 $0.00 3 Pre-Construction Services 20 days Mon 3/20/23 Fri 4/14/23 $0.00 4 Submittal Preparation 10 days Mon 3/20/23 Fri 3/31/23 2 $0.00 5 Submittal Review 10 days Mon 4/3/23 Fri 4/14/23 4 $0.00 6 Construction 125 days Mon 4/17/23 Fri 10/6/23 $5,202,954.00 7 ***City Issues Notice To Proceed*** 0 days Mon 4/17/23 Mon 4/17/23 5 $0.00 8 1 - Mobilization/Demobilization 3 days Mon 4/17/23 Wed 4/19/23 7 $500,000.00 9 2 - Layout of Work Surveys 1 day Thu 4/20/23 Thu 4/20/23 8 $30,000.00 10 3 - Clearing, Grubbing, and Stripping 2 days Fri 4/21/23 Mon 4/24/23 9 $18,000.00 11 4 - Excavation 2 days Thu 5/25/23 Fri 5/26/23 39 $52,800.00 12 5 - Earthfill 6 days Mon 5/29/23 Mon 6/5/23 11 $528,000.00 13 6 - 24-Inch HDPE Downdrains 2 days Tue 6/6/23 Wed 6/7/23 12 $40,940.00 14 7 - 18-Inch CPE 1 day Thu 6/8/23 Thu 6/8/23 13 $10,140.00 15 8 - 24-Inch CPE 1 day Fri 6/9/23 Fri 6/9/23 14 $11,960.00 16 9 - 36-Inch CPE 8 days Mon 6/12/23 Wed 6/21/23 15 $199,800.00 17 10 - 48-Inch CPE 5 days Thu 6/22/23 Wed 6/28/23 16 $168,960.00 18 11 - 60-Inch CPE 4 days Thu 6/29/23 Tue 7/4/23 17 $174,800.00 19 12 - 48-Inch CMP 1 day Tue 4/25/23 Tue 4/25/23 10 $22,400.00 20 13 - 72-Inch Diameter CMP Vertical Standpipe 1 day Wed 4/26/23 Wed 4/26/23 19 $3,800.00 21 14 - Type 1 Drop Inlet 1 day Wed 7/5/23 Wed 7/5/23 18 $21,000.00 22 15 - Type 2 Drop Inlet 2 days Thu 7/6/23 Fri 7/7/23 21 $27,600.00 23 16 - CPE Flare Inlet 1 day Mon 7/10/23 Mon 7/10/23 22 $5,400.00 24 17 - Manhole 1 day Tue 7/11/23 Tue 7/11/23 23 $24,000.00 25 18 - Concrete Lined 1' V-Ditch Channel 3 days Wed 7/12/23 Fri 7/14/23 24 $44,850.00 26 19 - Concrete Lined 1.5' V-Ditch Channel 14 days Mon 7/17/23 Thu 8/3/23 25 $402,300.00 27 20 - Concrete Lined 2' V-Ditch Channel 12 days Fri 8/4/23 Mon 8/21/23 26 $453,750.00 28 21 - Concrete Lined Trapezoidal Channel 11 days Tue 8/22/23 Tue 9/5/23 27 $486,000.00 29 22 - RPP Lined V-Ditch Channel 5 days Wed 9/6/23 Tue 9/12/23 28 $184,000.00 30 23 - RPP Lined Trapezoidal Channel 1 day Wed 9/13/23 Wed 9/13/23 29 $55,000.00 31 24 - Erosion Control Mat Lined V-Ditch Channel 3 days Thu 9/14/23 Mon 9/18/23 30 $149,600.00 32 25 - Erosion Control Mat Lined Trapezoidal Channel 1 day Tue 9/19/23 Tue 9/19/23 31 $55,650.00 33 26 - Low Flow Water Crossing 1 day Thu 9/28/23 Thu 9/28/23 34 $29,520.00 34 27 - Type 2 Drop Inlet Splash Wall Structures 6 days Wed 9/20/23 Wed 9/27/23 32 $21,600.00 35 28 - Basin Outlet Pipe Structure (Splash Wall) 2 days Thu 4/27/23 Fri 4/28/23 20 $28,000.00 36 29 - Sediment and Erosion Control During Construction 125 days Mon 4/17/23 Fri 10/6/23 7 $48,000.00 37 30 - Paved Road Crossing 2 days Fri 9/29/23 Mon 10/2/23 33 $27,170.00 38 31 - Hydroseeding 2 days Thu 10/5/23 Fri 10/6/23 45 $28,000.00 39 32 - Landfill Gas Header Relocation 3 days Mon 5/22/23 Wed 5/24/23 50 $16,500.00 40 33 - Fair Cloth Skimmer 1 day Mon 5/1/23 Mon 5/1/23 35 $22,000.00 41 34 - Retaining Wall 4 days Tue 5/2/23 Fri 5/5/23 40 $351,000.00 42 35 - Existing Fence Removal 1 day Mon 5/8/23 Mon 5/8/23 41 $1,920.00 43 36 - Fence Installation 1 day Tue 5/16/23 Tue 5/16/23 47 $7,200.00 44 37 - 4-Inch Thick Shotcrete 1 day Tue 5/9/23 Tue 5/9/23 42 $78,650.00 45 38 - Asphalt Paving 2 days Tue 10/3/23 Wed 10/4/23 37 $204,600.00 46 39 - 8-Inch Thick Reinforced Concrete 3 days Wed 5/10/23 Fri 5/12/23 44 $303,240.00 47 40 - Geogrid Slope Reinforcement 1 day Mon 5/15/23 Mon 5/15/23 46 $70,980.00 48 41 - Fire Hydrant and Water Supply Relocation 1 day Tue 5/16/23 Tue 5/16/23 47 $18,000.00 49 42 - Well Decommissioning 1 day Wed 5/17/23 Wed 5/17/23 48 $32,000.00 50 43 - Power Pole Relocation 2 days Thu 5/18/23 Fri 5/19/23 49 $22,000.00 51 44 - Concrete Block Outfall Structure at Olive Avenue 5 days Fri 9/29/23 Thu 10/5/23 33 $40,000.00 52 45 - Storm Drain Repair Fill 10 days Thu 4/20/23 Wed 5/3/23 8 $181,824.00 53 ***Construction Complete*** 0 days Fri 10/6/23 Fri 10/6/23 38,36,51,52 $0.00 54 Post-Construction Services 10 days Mon 10/9/23 Fri 10/20/23 53 $0.00 3/20
4/17
10/6
Feb Mar Apr May Jun Jul Aug Sep Oct Nov
City of Lompoc
Proposal for Construction Mangement & Inspection Services Lompoc Landfill Drainage Improvements

PRELIMINARY CONSTRUCTION SCHEDULE

Page 1 ends

City Council 10 – 227 10/3/2023
Appendix

RESUMES

CERTIFICATIONS
• Attachment 3-1: Non-Collusion Affidavit
• Attachment 3-2: Non-Lobbying Certification
• Attachment 3-3: Non-Discrimination Certification
City Council 10 – 228 10/3/2023
Page intentionally left blank
City Council 10 – 229 10/3/2023
The wet-signed and sealed, by a California Certified Public Notary, original of this Non-Collusion Affidavit form has been provided in the original hard-copy proposal submittal.

Certifications
City Council 10 – 230 10/3/2023
City Council 10 – 231 10/3/2023
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:

Firm Cannon Corporation
Signed and Printed Name: Larry P. Kraemer
Title Director Public Infrastructure Division / Secretary Date August 7, 2023
City Council 10 – 232 10/3/2023
Cit
f StARFP
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 10 – 233 10/3/2023
City of Santa Ana RFP
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.

Signed:

Title: Director Public Infrastructure Division / Secretary Firm: Cannon Corporation
Date: August 7, 2023
City Council 10 – 234 10/3/2023
Cannon
16842 Von Karman Ave., Suite 150
Irvine, CA 92606
949.753.8111
Reliable
Responsive
Solutions
City Council 10 – 235 10/3/2023

EXHIBIT C

COMPENSATION
Consultant’s Fee Proposal including hourly rates, if applicable City Council 10 – 236 10/3/2023
2023 - 2024 Fee Schedule
Bill Rate Ranges
Subject to change
Assistant Resident Engineer $ 140 - $ 184 Project Designer $ 114 - $ 158 Associate Engineer $ 157 - $ 215 Project Engineer $ 141 - $ 188 Associate Land Surveyor $ 185 $ 223 Resident Engineer $ 179 - $ 216 Associate Landscape Architect $ 158 - $ 192 Sr. Associate Architect $ 195 $ 234 Automation Specialist $ 147 - $ 180 Sr. Associate Engineer $ 173 - $ 234 Automation Technician $ 113 - $ 142 Sr. Automation Specialist $ 172 - $ 208 CAD Tech $ 101 - $ 128 Sr. Automation Technician $ 137 - $ 169 CAD Manager $ 120 - $ 149 Sr. CAD Tech $ 109 - $ 137
Construction Inspector I - III $ 111 - $ 169 Sr. Consultant / Principal-in-Charge $ 249 - $ 312 Design Engineer $ 130 - $ 173 Sr. Land Surveyor $ 203 - $ 243 Director/ Department Manager $ 187 - $ 279 Sr. Landscape Architect $ 172 - $ 208 Engineer Tech $ 108 - $ 136 Sr. Plan Check Engineer $ 169 $ 204 Engineering Assistant I - II $ 92 - $ 131 Sr. Principal Designer $ 130 - $ 199 Grant Funding Manager I - II $ 141 - $ 192 Sr. Principal Engineer $ 196 - $ 281 I&E Services Coordinator $ 103 - $ 131 Sr. Project Designer $ 114 - $ 171 Information Systems Admin/Manager $ 120 - $ 149 Sr. Project Engineer $ 147 - $ 202 Land Surveyor $ 174 - $ 211 Sr. Resident Engineer $ 192 - $ 231 Landscape Architect $ 118 - $ 147 Survey Assistant $ 103 - $ 131 Landscape Designer I - II $ 103 - $ 142 Survey Technician I - V $ 120 - $ 198 Lead Automation Specialist $ 162 - $ 197 Technical Writer I - IV $ 92 - $ 131 Lead Automation Technician $ 127 - $ 158
Lead Designer $ 130 - $ 164 Survey Crew Rates - Regular Office Engineer / Document Control I-III $ 107 - $ 155 One-Man Field $ 210 Plan Check Engineer I - II $ 123 - $ 180 Two-Man Field $ 285 Planner I - III $ 113 - $ 158 Three-Man Field $ 370
Planning Assistant $ 92 - $ 131 Two-Man - HDS $ 325
Principal Automation Specialist $ 176 - $ 213
Principal Designer $ 120 - $ 178 Survey Crew Rates - Prevailing Wage Principal Engineer $ 185 - $ 259 One-Man Field $ 245
Two-Man Field $ 345
Other Direct Charges Three-Man Field $ 485
Black Line Plots $2.00 per page
Outside Reproduction Cost + 15% Electrical - Prevailing Wage Automation & Electrical Materials Cost + 25% (+tax) Electrician $ 200 Subconsultant Fees Cost + 10%
Technology Fee $30/Day Building and Construction Inspector - Prevailing Wage Color Plots $5.00 per page BCI Construction Inspector $ 155 $ 170 Travel and Related Subsistence Cost + 15% Forensics Engineering / Expert Testimony Fee Schedule Available Upon Request.

Standard Mileage Rate IRS Rate per mile
Airplane Mileage Rate GSA Rate per mile
(effective 8/15/2023)
Expenses, such as special equipment, shipping costs, travel other than by automobile, parking expenses, and permit fees will be billed at the actual cost plus 15%. If the client requests, or the client’s schedule requires work to be done on an overtime basis, a multiplier of 1.5 will be applied to the stated rates for weekdays for daily hours in excess of 8 as well as weekends and a multiplier of 2.0 for daily hours in excess of 12 and holidays. If the client requests field services to be provided outside of normal working hours, a multiplier of 1.5 will be applied to the stated rates. For prevailing wage projects, if the client requests field services to be provided on any given Sunday, a multiplier of 2.0 will be applied to the stated rates; on or around an observed holiday, other rates may be applied. Survey Crews and Automation Field staff are billed portal to portal. A minimum charge of 4 hours will be charged for any Automation Field Service calls outside of normal working hours.

The stated rates are subject to change, typically on an annual basis.

City Council 10 – 237 10/3/2023
EXHIBIT 6
City Council 10 – 238 10/3/2023
City Council 10 – 239 10/3/2023
City Council 10 – 240 10/3/2023
City Council 10 – 241 10/3/2023
City Council 10 – 242 10/3/2023
City Council 10 – 243 10/3/2023
City Council 10 – 244 10/3/2023
City Council 10 – 245 10/3/2023
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City Council 10 – 247 10/3/2023

EXHIBIT A

SCOPE OF SERVICES
City Council 10 – 248 10/3/2023
City of Santa Ana RFP 23-122
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES
RFP NO. 23-122

City Council 10 – 249 10/3/2023
City of Santa Ana RFP 23-122
Page A1-2
The majority of capital improvement and construction projects within the city includes, but is not limited to, the following:
• Street rehabilitation
• Sewer improvements
• Storm Drain improvements
• Bridge construction
• New building construction
• Water service and pipelines
• Pump and motor improvements
• Irrigation and landscaping
• Site Improvements; concrete sidewalk, etc.
• System controls and instrumentation
• Streets and park lighting
• Parks and Recreation facility improvements
• Mechanical system
• Electrical system
• Traffic Signal Improvements
Scope of Services
The required services by the Project Manager, the Inspector and the Contract Administrator may include the following:

2. BID ANALYSIS
a. Prior to the start of the project, the PM shall be responsible for conducting a bid analysis to determine who the lowest responsible bidder for the project will be.

Shall obtain certificates of insurance, performance bond and "New Vendor Packet" requirements have been satisfied. This includes verifying that all subcontractors have a valid City Business License.

City Council 10 – 250 10/3/2023
City of Santa Ana RFP 23-122
Page A1-3

6. CONSTRUCTABILITY REVIEW
a. Shall review project plans and specifications to determine its “constructability”.

Shall also review construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-time.

Update the project schedule as required showing current conditions and revisions required by actual progress.

City Council 10 – 251 10/3/2023
City of Santa Ana RFP 23-122
Page A1-4
b. The individuals, Project Manager, Inspector and Contract Administrator, shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City's Construction Manager and clarified prior to construction starts.

7. CHANGE ORDER REVIEW
a. Shall conduct comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution.

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

City Council 10 – 252 10/3/2023
City of Santa Ana RFP 23-122
Page A1-5

City Council 10 – 253 10/3/2023
City of Santa Ana RFP 23-122
Page A1-6

Payment and Invoicing:

A 10% retention will be held on every invoice through the project.

City Responsibilities:

Consultant shall provide all required insurance as outlines in Attachment 3 of this RFP.

City Council 10 – 254 10/3/2023

EXHIBIT B
CONSULTANT’S PROPOSAL
City Council 10 – 255 10/3/2023

CITY OF SANTA ANA
On-Call Construction Management and
Inspection Services
RFP. No 23-122
Proposal
August 8, 2023
City Council 10 – 256 10/3/2023

1. Statement of Qualifications
A. Cover Letter
August 8, 2023
City of Santa Ana
Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, CA 92701
Subject: Statement of Qualifications for On-Call Construction Management and Inspection Services RFP No. 23-122
The City of Santa Ana is seeking qualified firms to provide general Construction Management Services on an as-needed or on-call basis.

Willdan Engineering (Willdan) has the resources, staff, and experience to meet the City’s needs. In addition to its team of resident engineers, construction managers, and construction inspectors based in Orange County. Willdan has assembled a team who are committed to providing top-quality services to the City of Santa Ana. We believe that we are highly qualified to undertake this assignment because of strong project management, experienced team, and our working knowledge of the City’s policies and procedures.

As a municipal consulting firm, we are aware of the City’s needs and desires in undertaking a project of this type. Willdan’s personnel are experienced in working as an integral part of agency staff and, therefore, are familiar with county standards, guidelines, and procedures. This knowledge and experience will allow Willdan to be most responsive to your requirements. As a multidisciplinary firm, we have a full complement of resources under one roof to provide thorough and accurate design and project management.

Our firm’s strengths include the following:
 Local Knowledge. Our proposed team members are highly familiar with the City’s policies and procedures, Procore, funding sources, and state and federal guidelines and standards. This knowledge and experience enable us to quickly initiate projects and respond appropriately to City staff input and/or concerns. Willdan is providing construction management services in the nearby cities such as Tustin, Laguna Niguel, Newport Beach, Anaheim, Chino and Pomona.  Highly skilled Contract Manager. Mr. Michael Bustos, ENV SP offers over 22 years of construction management and public works experience. Mr. Bustos is the current Project Manager for Willdan’s City of Santa Ana On-Call contract.
 Staffing Resources. Our bench of licensed and technical experts consists of specialists in construction management, construction observation, water resources, highway and roadway engineering, drainage and flood control, structural engineering, traffic and transportation engineering, geotechnical engineering and materials testing/inspection, municipal engineering, landscape architecture, environmental planning, building safety, urban and regional planning, and other technical fields. The breadth and diversity of the firm’s expertise means our construction management experts can draw upon the considerable experience of the firm – maximizing efficiency, productivity, and quality in meeting project schedules and budgets.
 Turnkey Service. Willdan offers the City of Santa Ana a construction management staff experienced in a broad range of capital improvement projects, including roadway rehabilitation, streetscape, safe routes to school, traffic signalization, and wet utility (storm drain and sanitary sewer) modification, rehabilitation, replacement, and new installation improvements.

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1 For this proposal, the contact person who will be authorized to make representations for the Willdan team is Mr. Michael Bustos, Deputy Director of Construction Management and Inspection Services at the following address:

Willdan Engineering
2401 East Katella Avenue, Suite 300, Anaheim, CA 92806
Phone: (805) 279-6870 email: [email protected]
Respectfully submitted,

WILLDAN ENGINEERING
Vanessa Muñoz, PE, TE
President and Director of Engineering
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B. Contract Agreement Statement
Willdan has read and understands the contract set forth by the City in Attachment 2, with the following exception concerning Section 8 “Imdemnification”.

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

C. Firm and Team Experience
Willdan Engineering (Willdan), a California corporation since May 1964, is a subsidiary of Willdan Group, Inc., a publicly traded Delaware corporation. Services are provided to nationwide clientele through three subsidiary firms – Willdan Engineering, Willdan Energy Solutions, and Willdan Financial Services – that offer a portfolio of diversified strengths. Willdan infuses a corporate culture of Customer-First throughout our entire staffing resources and all services provided to our clients. Looking out for our clients’ best interests is at the forefront of everything we do.

Our services and in-house support disciplines encompass urban and regional planning; traffic, civil, structural, geotechnical, right-of-way, city, and special district engineering; program/construction management and inspection; plan, study, and report review; building safety; drainage and flood control; mapping; and other complementary services such as GIS, utility coordination and relocation, and landscape architecture. With this depth of experience, expertise, knowledge, and resources, Willdan offers comprehensive solutions that are timely, cost effective, and tailored to meet the needs of individual communities. Our understanding of public agency challenges and needs is what makes Willdan unique.

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Financial Strength
Willdan maintains a strong balance sheet with the financial and staffing resources to perform and complete all contractual obligations.

We have continued to grow to better serve our clients by offering a continuously expanding range of municipal services. Willdan operates out of 51 offices located throughout the United States – including our four southern California office locations (Anaheim, Industry, San Bernardino, and Ventura) and over 1,500 employees.

Financial information, including information on revenue, earnings, and cash flow, are issued quarterly and can be found at www.willdan.com.

There are no pending conditions such as bankruptcy, pending litigation, planned office closure, impending merger, etc., that would impede Willdan’s ability to complete the City’s contract for Construction Management and Inspection Services.

Corporate Mission and Philosophy
From Day 1, Willdan has maintained a business strategy focused on providing services to only public agencies. Today, 98 percent of our business is with public agencies. This strategy prevents potential conflicts of interest with private enterprises conducting business with our public agency clients or within their jurisdiction. Unique to Willdan is our understanding of public agency needs and issues. Willdan’s professionals often serve to extend our clients’ staff in the capacity of city and traffic engineers, planning directors, building officials, and other public agency positions.

Additionally, many provide the added value of having served in public agency management positions prior to joining Willdan.

To meet and, on many occasions, exceed the expectations of our clients, Willdan fosters and instills a corporate culture of Customer-First among our staff and in our day-to-day work environment. Looking out for the City’s best interests is at the forefront of everything we do. Our customer-focused philosophy is particularly evident when dealing with complex situations and difficult challenges that are hard to resolve.

City of Santa Ana Experience
Over the last three years, Willdan has staffed the City with temporary contract staff, including three full-time inspectors, a full time construction manager, seven technical aides/office engineers, and two administrative assistants. Additionally, Willdan has provided with projectspecific services, including constructability review for Well 32 Rehabilitation, structural design and evaluation at the Santa Ana Zoo, and labor compliance services for the Saint Gertrude and Grand Avenue Water Main Project. We have also recently been awarded two separate City contracts for on call general engineering services.

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Proposed Key Staff
Willdan offers the City of Santa Ana a highly qualified team of professionals with the technical qualifications and diverse capabilities necessary to undertake construction management and inspection services for the City. Willdan understands that key personnel assigned on projects shall not be reassigned without prior written approval from the City.

Team / Title / Experience / Role Credentials
Mr. Michael Bustos, PE, ENV SP
Deputy Director of Construction
Management and Inspection
22 Years’ Experience
Project Role: Project Manager
 BS, Civil Engineering, California Polytechnic State University, San Luis Obispo
 Caltrans Resident Engineer Academy
 Civil Engineer, California No. 73173
 Envision Sustainability Professional, Institute for
Sustainable Infrastructure No. 2696
Mr. Chris Baca, RCI
Director of Construction Management
and Inspection
40 Years’ Experience
Project Role: Deputy Project
Manager
 BS, Public Administration, California State University, Fullerton
 Public Works Inspection, California State University, Los Angeles Extension
 California, Division IV, Public Works, RCI No. 4161
 California, Division I, Engineering, RCI No. 5161
Mr. Saul Martinez
Construction Manager
25 Years’ Experience
Project Role: Construction Manager
 Engineer-in-Training, CA No. 112670
 Qualified SWPPP Practitioner (QSP)
 Certified Erosion, Sediment, & Stormwater Inspector (CESSWI)  Nuclear Density Gauge certified Caltrans Resident Engineer Academy
Mr. Brent Jablonowski
Construction Inspector
20 Years’ Experience
Project Role: Construction Inspector
 Construction Technologies/Inspection, Ventura County
Community Colleges
 Certified Master of Special Inspections
 ACI Field Grade 1 Technician
 Uniform Building Code (UBC) Building Inspector
 Title 24 Masonry special inspector
 Division of the State Architect (DSA) Special Inspector Mr. John Dela Cruz
Construction Inspector
42 Years’ Experience
Project Role: Construction Inspector
 Certified Erosion, Sediment and Storm Water Inspector (CESSWI), #4694
 Qualified Storm Water Practitioner (QSP), #25924
 AHERA Building Inspector #02121
 EPA/AHERA
Mr. Mario Cisneros
Assistant Construction Manager
8 Years’ Experience
Project Role: Office Engineer
 BS, Civil Engineering, California State University, Northridge  Caltrans Resident Engineer Academy
 Traffic Control for Safer Work Zones Certification
Ms. Jane Freij
Labor Compliance Manager
30 Years’ Experience
Project Role: Labor Compliance
Manager
 BA, Linguistics, University of Kansas
 Attorney Assistant Training Program, Litigation/ Corporations, University of California, Los Angeles
Ms. Lani Alfonso, PE
Principal Project Manager
20 Years’ Experience
Project Role: Grant Funding
Administrator
 BS, Civil Engineering
 Civil Engineer, California, No. 56397
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The organization chart below identifies the project roles for our team and illustrates the communication and reporting relationships among the team. Any changes in identified key personnel after the award of the agreement will be approved by the City in writing before the change is made. Willdan’s proposed team is available to begin work as soon as possible after the selected firm receives the notice to proceed.

Proposed Key Staff Resumes
Resumes for our proposed key staff are located in the attached Appendix. For any questions or clarifications, please contact our Project Manager, Michael Bustos at [email protected] or phone (805) 279-6870.

D. Understanding of Need/Schedule of Delivery
Willdan understands that the City of Santa Ana may seek assistance on numerous types of projects under this on call construction management contract, such as street rehabilitation, sewer improvements, storm drain improvements, bridge construction, new building construction, water service and pipelines, pump and motor improvements, irrigation and landscaping, site improvements, system controls and instrumentation, streets and park lighting, parks and recreation facility improvements, mechanical systems, electrical systems, and traffic signal improvements.

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Construction management services will include
constructability reviews, bid analysis, staff reports,
general contract administration submittal and RFI
review and processing, constructability reviews,
change order review, safety monitoring, progress
payment review and processing, inspection, claims
review and analysis, labor compliance, community
workforce agreement compliance, project closeout,
community outreach, and federal funding
administration. Inspection efforts shall effectively and efficiently ensure that all work complies with the
approved construction documents and applicable
codes and regulations (i.e. Caltrans, APWA, AWWA,
City of Santa Ana, and County of Orange). Through
Willdan's long history of providing these identical
services to cities and counties throughout California, we have ascertained that success working under this type of on-call contract is dependent upon understanding a variety of elements such as:
 Short project durations and minimal lead times for assignments may be required  Flexibility in service assignments, understanding work to date, and coordinating completion of project tasks already started by agency staff is crucial  Staff availability to work assignments as they develop is critical to moving projects forward  Efficient use of resources is important for project assignments that are relatively small  Consistent, organized project management is vital due to the potentially large numbers of projects that may be in process
 Regular attention to quality assurance and control is particularly important as short-term projects may limit the number of interim review steps often associated with a project-specific contract
At any given time, Willdan has over 200 on-call contracts where project assignments are issued by the public agency on an as-needed basis. The project scopes, schedules, and costs are negotiated and agreed upon prior to project award. Every month, Willdan reports the progress performance of each project. The scope of services requested vary from project to project and can include any combination of constructability reviews, bidding assistance, construction management, construction inspection, labor compliance, materials testing, utility and outside agency coordination, and project closeout.

Project Management Goals
Willdan has had two primary objectives since our inception in 1964:
 Ensuring the success of our clients
 Enhancing their communities
Working steadily toward these goals we gained a notable reputation for project understanding, technical excellence, cost effectiveness, and client responsiveness. It is these attributes that our construction management and inspection team bring to each project. To these primary objectives, we add individual project-oriented goals that include:
 Ensuring Project Success – Provide City and contractor with constant input and feedback affecting projects
 Community Enhancement – Monitor project for conformance to City’s high standards  Impeccable Recordkeeping – Maintain construction files pursuant to City, Willdan, and Caltrans Local Assistance Procedures Manual
On-Call Experience Key Advantages
 Willdan's history of working with on-call
contracts has well prepared our staff to
respond to all requests for services in a
positive, efficient manner
 Delivers the combination of experienced,
hands-on skills and perspective that ensures
the City receives high-quality service at
reasonable and competitive cost
 Assures that, in selecting Willdan, clients
benefit from the expertise, experience, and
professionalism needed to be successful in
delivering high-quality projects and services
on time and within budget
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 Rigorous Budget Control – Provide biweekly construction budget updates to City Project Manager
 Maintain Schedule – Provide weekly schedule updates and ensure contractor complies with project schedule requirements
 Resident and Business Satisfaction – Provide initial project flyers and periodic updates to businesses and residents affected by the project; set up project hotline for high profile CIP projects that impact a significant number of citizens; ensure project is well maintained and project traffic controls are installed per project plans, CAMUTCD, and City requirements Project Approach
Willdan’s approach to construction management starts with assigning the appropriate staff to fit the assignment’s needs. For construction projects, the primary team members will include a construction manager and the project inspector. Our management team will work closely with the City’s Project Manager to assign the most qualified individuals to each project. To achieve these goals, Willdan’s approach to management and inspection of the City’s construction projects includes:
 Thorough review of project specifications and plans
 Initial set-up of project-specific construction management files  Identify and address key project issues prior to start of construction  Agree on project-specific quality assurance program
 Identify and coordinate with outside utility agencies and/or permitting agencies impacted by the projects
 Arrange preconstruction meeting and process RFIs and submittals in a timely manner  Maintain detailed project records and provide weekly/monthly reports  Arrange weekly project meetings to review and address project issues  Provide qualified inspectors to closely monitor contractor's work and progress  Provide detailed inspection reports of developer/contractor’s daily activities  Promptly respond to resident and business complaints and questions  Provide final project close-out documents conforming to City, Willdan, and other concerned parties
There are many routine aspects that are common to the way every construction project is performed in terms of construction administration and inspection of development, permitted, and capital improvement projects as outlined in our scope and in the diagram below:

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Willdan adopted the Caltrans' Construction Manual as our in-house quality standard and have incorporated Caltrans' prescribed standards and procedures into our everyday inspection routine. This ensures we meet federal and state guidelines from the start. To supplement the Caltrans Construction Manual, we have also developed checklists as a means of quality control for our typical project field files, federally funded project documentation, BMP inspections, slurry seal inspections, ARHM paving inspections, water main inspections, and traffic signal inspections.

Contractor Compliance: Our staff has extensive experience with a myriad of public works projects and has a clear understanding of the issues surrounding inspection of the work. For example, when constructing sidewalks and ADA-compliant ramps, our team will ensure adequate subgrade compaction has been achieved. They will monitor the work for conformance with the plans, specifications, and ADA requirements. The concrete tickets will be checked to ensure materials match the approved mix design. A smart level will be used to check forms and the contractor will not be approved to place concrete until the work meets all City and other applicable standards. Willdan’s team will monitor the contractor’s operations for conformance with City compaction standards by working with the City’s approved material testing lab and will not accept any trench backfill or allow any pavement repair until proper compaction is verified by the lab.

Project Budgets: Construction costs are proactively managed and tracked against available budgets by our Construction Managers. This starts with an initial quantity takeoff from the construction plans, utilizing Bluebeam Revu, serving as an independent audit of the project quantities as they correlate to the bid schedule quantities. Early identification of potential quantity busts and continual monitoring of quantities throughout construction is key to maintaining project costs within established budgets. Our team creates and maintains change order logs and final cost projection spreadsheets on a weekly basis to document and track all quantity adjustments, approved change orders, pending change orders, and potential change orders. The City’s Project Manager is kept abreast of the project budget status throughout construction so that adjustments can be made to the scope of the project, or proper procedures can be followed to request additional funding, if needed to stay within the established contingencies. Willdan’s team also focuses on quickly processing RFIs and change order requests and providing direction to the Contractor as needed to keep them moving and avoid costly delays.

Scheduling: The contractor’s critical path method baseline schedule will be reviewed and accepted prior to issuance of a notice to proceed. The schedule will identify major items of work and will be the vehicle for monitoring, controlling, and tracking progress. The schedule will be required to be updated monthly to reflect actual and forecasted completions.

This allows our construction managers to anticipate and forecast potential issues and develop an advanced strategy to proactively mitigate problems before they impact the schedule. In instances where schedule delays are expected to occur, due to weather, approval requirements or information from an outside agency, material shortages, or other unanticipated factors, the City’s Project Manager will be immediately notified of the potential project delay.

Strategies will be developed and implemented to resolve project challenges and expedite the approval of the affected projects. As the Project Manager, Mr. Bustos will monitor all progress on a weekly basis.

Cloud-Based Construction Management: Willdan is experienced in utilizing cloud-based applications, such as Procore and Virtual Project Manager (VPM), to manage the paperwork and record keeping on CIP projects. Upon startup of a new construction project, Contractor RFIs and submittals are provided through the cloud-based application, City Council 10 – 265 10/3/2023
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assigned to an appropriate team member, comments or responses are uploaded to the project site, and all parties are notified via email when the document is uploaded. The cloud-based application automatically creates and maintains logs to track the status of each submittal and RFI. Willdan’s electronic project records are also maintained on the applications so that our clients have access to the project records in real time.

Customer Service: To meet and often exceed the expectations of our clients, Willdan fosters and instills a corporate culture of Customer-First among our staff and in our day-to-day work environment. Looking out for our customer’s best interests is at the forefront of everything we do. Our customer-focused philosophy is particularly evident when dealing with complex situations and difficult to resolve challenges. Willdan's corporate goal is to exceed the City of Santa Ana’s expectations.

Specific Areas of Expertise
In-House Services: Willdan provides comprehensive in-house construction engineering services to our clients. We have successfully provided these services to California agencies for over 59 years.

On-Call Contracts Expertise: Willdan understands the unique aspects of working under an on-call contract. Resource needs to successfully accomplish assignments arising from on-call contracts vary greatly and our approach to on-call project delivery – developed over many years – enables us to successfully meet our clients' multi-faceted needs. Our approach to success working under on call contracts includes:
• Conducting business with truthfulness and high ethical standards
• Approaching each project with a spirit of resourcefulness and excellence • Maintaining high ethical standards of technical quality • Seeking appropriate solutions that fit each project
Construction Management Expertise: Willdan provides expertise in all areas of project management, resident engineering, construction management, constructability reviews, construction contract administration, public works observation, labor compliance, materials testing, grant funding administration and compliance, utility coordination, and community relations. Willdan's corporate philosophy emphasizes strong leadership, cost effectiveness, timely performance, and consistent reciprocal communication with clients and internal and external resources.

Our resident engineers and construction managers offer reliable service, quality workmanship, use of good judgment, fair and equitable treatment, and adherence to our corporate integrity and high ethical standards with a spirit of resourcefulness, excellence, and a can-do attitude.

These experienced team members identify and resolve discrepancies, ambiguities, omissions, or conflicts in plans, specifications, and bid schedules that might generate misinterpretation and/or lead to agency and contractor disagreements. Our professionals are adept at anticipating issues before they arise through continual review of project plans, specifications, and contract documents. Potential problems are brought to the attention of the City's Project Manager and/or the contractor, along with constructive recommendations for solutions, so that costly delays and negative impacts to the public and the project are avoided. Our team strives to resolve issues at the lowest level possible, while keeping those at higher levels in the loop on the issues and methods of resolution.

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Construction Inspection Expertise: Willdan has an extensive history of providing on-call construction inspection services to public agencies throughout California. We have broad expertise and experience with large and small public works improvement projects involving a myriad of construction improvements, such as street reconstruction and rehabilitation, roadway widening, pavement resurfacing, sewers, waterlines, drainage installations and repairs, detention and retention
basin maintenance, utility
relocations, traffic signal
installations and
modifications, street
lighting, parks, slurry
seals, and other related
improvements. Our team
provides inspection
services for
encroachment permit,
land development, and
capital improvement
projects. Willdan currently
provides on-call
inspection services to the
Cities of Santa Paula,
Fillmore, Thousand Oaks,
and County of Ventura,
amongst a host of other
Southern California agencies.

Labor Compliance Expertise: Willdan has provided Labor Compliance services for over 30 years. Our labor compliance staff have completed monitoring and enforcement assignments for public agencies throughout California. Willdan’s Labor Compliance Management process has been perfected through continual reviews and updates. It maximizes efficiency and minimizes costs while optimizing client comfort. We provide contractor support by phone and email to insure a smooth process throughout the project. Our team can assist the City in compliance with applicable Federal, State, County, and local labor laws.

Federally Funded Project Expertise: Willdan's proposed team members have extensive experience handling complex public works projects, including those administered by Caltrans, whether state or federally funded. Willdan has detailed knowledge of the current Local Assistance Procedures Manual (LAPM) and can provide project management from the funding procurement stage through project close-out. Several of our construction management staff have completed the Caltrans Resident Engineer Academy. Our proposed team has participated in over 100 successful Caltrans audits and has success managing all types of specially funded projects.

E. Relevant Project Experience
On-call engineering services are the center of Willdan's foundation – being the core of Willdan's founding in 1964. We have strengthened our services by incorporating former public agency staff who understand the importance and purpose of on-call contracts and are very familiar with the processes and procedures for such services. a condensed current list of public agencies that we have provided or are currently providing construction management and inspections services is provided below.

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Municipal Agency Dates of Service Term of Contract
City of Bellflower 2015 – 2020 3 Years, Plus 2 Optional Years City of Brea 2019 – Ongoing 3 Years, Plus 2 Optional Years City of Burbank 2019 – Ongoing 3 Years, Plus 2 Optional Years City of Davis 2019 – Ongoing 3 Years, Plus 2 Optional Years City of Downey 2014 – Ongoing 3 Years, Plus 2 Optional Years (recently renewed) City of Fillmore 2018 – Ongoing 3 Years, Plus 2 Optional Years City of Grand Terrace 2018 – Ongoing 3 Years, Plus 2 Optional Years City of Hayward 2016 – Ongoing 3 Years, Plus 2 Optional Years City of Highland 2016 – Ongoing 3 Years, Plus 2 Optional Years (recently renewed) City of Laguna Niguel 2018 – Ongoing 3 Years, Plus 2 Optional Years City of Long Beach 2016 – Ongoing 3 Years, Plus 2 Optional Years City of Newport Beach 2019 – Ongoing 3 Years, Plus 2 Optional Years City of Palm Springs 2015 – Ongoing 3 Years, Plus 2 Optional Years City of Pomona 2014 – Ongoing 3 Years, Plus 2 Optional Years (recently renewed) City of Rancho Cordova 2019 – Ongoing 3 Years, Plus 2 Optional Years City of Redlands 2018 – Ongoing 3 Years, Plus 2 Optional Years City of Rialto 2018 – Ongoing 3 Years, Plus 2 Optional Years City of Ridgecrest 2010 – Ongoing 3 Years
City of San Bernardino 2016 – Ongoing Undefined term limit City of Simi Valley 2013 – 2020 Undefined term limit
City of South Pasadena 2018 – Ongoing 3 Years, Plus 2 Optional Years City of Tustin 2005 – Ongoing 3 Years, Plus 2 Optional Years City of Ventura 2016 Undefined term limit (Yearly Renewal) Within the past seven years, Willdan has completed task orders for over 200 on-call contracts.

This relevant experience of our dedicated and available key personnel includes both federal and non-federal projects – making Willdan highly suited to provide the City with the requested services. Representative contracts are provided below. All pertinent client information, including contact information, has been included in the “References” section.

On Call Multidisciplinary Engineering Services
Client: City of Brea Dates: 2001- Present
Key Staff
 Chris Baca
 Saul Martinez
 Mike Corral
 Victor Ayala
 Jane Freij
 Amanda Perez
Willdan has provided on call engineering services to the City of Brea since 2019 and has partnered with the City of Brea often over the past 40 years across a variety of disciplines and services. Mr. Baca, our proposed Deputy Project Manager for the City of Santa Ana contract, served as Project Manager for each of these city projects. Representative construction management projects completed under this on call contract include Country Hills Water, Country Hills Phase II, South Brea Sewer Labor Compliance, Drainage Improvements Labor Compliance, Steele Labor Compliance, CIP 7914 Skate Park, CIP 7968 Inspection, 57 Freeway/Lambert, ADA Improvements Labor Compliance, Civic Center Cameras, CIP 7323 Moorpark Labor Compliance, CIP 7959 Brea Creek Golf Course Labor Compliance, Berry & Imperial Highway, Permit inspection, Alley Rehab 7319,7320, & 7321, and Puente Waterline.

Willdan provided construction management, inspection, and materials testing services for each of these projects.

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On Call Multidisciplinary Engineering Services
Client: City of Ridgecrest Dates: 2010- Present
Key Staff
 Mike Bustos
 Mario Cisneros
 Anivel Nunez
 Paul Merrill
 Oscar Blanco
 Matt Saab
 Chad Meelker
 Masoud Eskandari
 Amanda Perez
 Jane Freij
 Mike Corral
Willdan has provided on call engineering services to the City of Ridgecrest since 2010. In that time, Willdan has completed over 75 projects for the City, providing a multitude of services, such as construction management and inspection, plan checking, design engineering, grant administration, labor compliance, city engineering, landscape architectural, surveying, GIS, environmental clearance, building and safety. We have provided these services to the City for projects funded with local, state, and federal funds. Representative construction management and inspection projects completed under this on-call contract include Downs Street Widening (STPL), West Ridgecrest Boulevard Reconstruction (RPSTPL), Ridgecrest Senior Center Tenant improvements (CDBG), Electric Vehicle Charging Stations and Solar Photovoltaic Improvements (CMAQ), Corporate Yard Site Improvements, New Bus Maintenance Garage and Shade Structure (Design/Build), ADA Transition Plan (CDBG), Sewer System Rehabilitation and Repair Program, Sewer GIS mapping, Walmart Supercenter Offsite Improvements, Richmond Road Bike Path, Bowman Channel Improvements, Dolphin Avenue Improvements (CMAQ), SSARP, Traffic Signal Installation for China Lake Boulevard at Bowman Road (HSIP), Citywide Telecommunications Installation Permit Inspection, Flashing Stop Signs and Adaptive Traffic Signals (HSIP), and Leroy Jackson Park (Clean CA). On many of these projects, Willdan provided turnkey services including design, environmental, bidding assistance, construction management, inspection, labor compliance, grant administration and materials testing. Mr.

Bustos, our proposed Project Manager for the City of Santa Ana contract, served as Project Manager for each of these city projects.

On Call Multidisciplinary Engineering Services
Client: City of Inglewood Dates: 2006- Present
Key Staff
 Mike Bustos
 Mario Cisneros
 Simon Hernandez
 Matt Saab
 Manny Trujillo
 Jason Brown
 Matthew Villegas
 Carlos Villegas
 Victor Ayala
 Miguel Lopez
 Christopher Villegas
 Masoud Eskandari
Willdan has provided on call engineering services to the City of Inglewood since 2011. In that time, Willdan has completed over 22 projects for the City, providing a multitude of services, such as construction management and inspection, plan checking, design engineering, landscape architectural, surveying, and GIS. Representative construction management and inspection projects completed under this on call contract include La Brea Avenue Reconstruction (DEMO4L), La Brea Avenue Realignment and Reconstruction (HPLUL), Annual Streets and Alleys Rehabilitation, Imperial Highway Improvements, Prairie Avenue Improvements, Van Ness Avenue Improvements, Inglewood Intermodal Transit/Park and Ride Facility, Service Center Yard Roofing Project, Intelligent Transportation System Gap Closure, Intelligent Transportation System Phases 5 & 6, Los Angeles World Airports Intelligent Transportation System, City Parking Lots Rehabilitation, La Brea and Hardy Traffic Signal Improvements, Century Boulevard Mobility Project Federal Funding Closeout Services, La Tijera Elementary School Improvements (SR2S), and Encroachment Permits Inspection. Mr.

Bustos, our proposed Project Manager for the City of Santa Ana contract, served as Project Manager for each of these city projects.

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On Call Construction Management and Inspection Services Client: City of Downey Dates: 2018- Present
Key Staff
 Mike Bustos
 Chris Baca
 Mario Cisneros
 Heleo Espinoza
 Simon Hernandez
 Victor Ayala
 Mike Corral
 Oscar Blanco
 Matt Saab
 Otis Chandler
 Dwayne Mozden
Willdan has provided on call construction management and inspection services to the City of Downey since 2018 and has partnered with the City of Downey often over the past 25 years.

Mr. Bustos, our proposed Project Manager for the City of Santa Ana contract, served as Project Manager for each of these city projects. Representative construction management and inspection projects completed under this on call contract include Woodruff Ave Water System Improvements, Firestone Blvd and Paramount Blvd Intersection Improvements, Samoline Ave and Melva St Water System Improvements, Third St Water System Improvements, Lakewood Blvd Improvements Phase 3C, Lakewood Blvd at Firestone Blvd Water System Improvements, Solar Panel Installations at Multiple City Facilities, Old River School Rd Rehabilitation, Miscellaneous Sewer Repairs, Wilderness Park Sewer Repairs, 4th St Water System Improvements, 5th St Water System Improvements, and Stamps Rd Water System Improvements. Willdan provided construction inspection and materials testing services for each of these projects and construction management for most of these projects.

F. References
Public Agency: City of Ridgecrest
Address: 100 West California Avenue, Ridgecrest, CA 93555 Contact: Travis Reed, City Engineering/Public Works Director Phone/Email: (661) 478-1965, [email protected]
Public Agency: City of Inglewood
Address: One Manchester Boulevard, Inglewood, CA 90301
Contact: Peter Puglese, City Traffic Engineer
Phone/Email: (908) 578-4226, [email protected] Public Agency: City of Brea
Address: One Civic Center Circle, Brea, CA 92821
Contact: Michael Ho, Director of Public Works/City Engineer Phone/Email: (562) 570-6383, [email protected]
Public Agency: City of Downey
Address: One Civic Center Circle, Brea, CA 92821
Contact: Lorena Powell, Senior Civil Engineer
Phone/Email: (562) 904-7110, [email protected]

2. Scope of Services and Schedule
Willdan understands the City’s Scope of Services to include the following.

1. Resident Engineer/Administrator
a. The PM will represent the City Construction Manager in the field. b. Monitor materials documentation and testing results and enforce corrections. c. Routinely review construction files to ensure conformance to City standards and good construction management practices.
d. Prepare clear and concise letters and memoranda, as needed. Establish solid paper trail.

2. Bid Analysis
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a. Prior to the start of the project, the PM will be responsible for conducting a bid analysis to determine who the lowest responsible bidder for the project will be. Shall obtain certificates of insurance, performance bond and "New Vendor Packet" requirements have been satisfied.

This includes verifying that all sub-contractors have a valid City Business License. b. Review and respond to RFIs and questions that may arise during the advertisement process. c. Prepare and issue addenda during the advertisement period (up to 2). d. Attend and conduct pre-bid meeting.
e. Prepare pre-bid meeting minutes and publish as an addendum. f. Review the three lowest bids.
g. Verify eligibility of the apparent low bidder and its subcontractors to receive contract awards by confirming current, active license status with the State of California Contractors License Board and non-appearance on the Federal List of Parties Excluded (debarment list). h. Check references of lowest, responsive bidder.
i. Document any irregularities in the bids.
j. Verify the low bidder's qualifications.
k. Prepare the bid summary.
l. Prepare a recommendation of contract award.

3. Staff Reports
a. Preparation of staff reports for contract award to the lowest responsive and responsible bidder. Coordinate with the City to determine funding sources, publication dates, environmental and fiscal impact, and schedule of award to meet the City’s deadlines.

4. General Construction Administration
a. Coordinate with the City to define the roles and responsibilities during construction and develop a construction management plan.
b. Co-lead pre-construction meeting and schedule and conduct regular construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling.
c. Record the progress of the project. Submit written daily and progress reports to the City.

Monitor contractor's compliance with labor code requirements. d. Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction. Maintain as-built records of underground utilities, including locations and depths of trenches.
e. Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications and assist in achieving the resolution of problems which may arise.
f. Manage the Construction Management Software (Procore), coordinating with the City and contractor to incorporate a centralized platform where all documents are filed and distributed amongst the project team.
g. Willdan will be responsible for ensuring that all building permits, special permits, if required are obtained, and that all applicable fees have been paid, and shall obtain approvals from authorities having jurisdiction over the Project.
h. Closely review schedule and advise contractor to take action on schedule slippage. i. Monitor and coordinate activities of design engineering support, surveying, testing, and work by utilities or other agencies.
j. Prepare weekly statement of working days and submit to contractor and City. k. Establish and conduct weekly construction progress meetings. l. Prepare agendas and minutes for weekly construction progress meetings.

5. Submittal/RFI Review & Processing
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a. The PM will be responsible for review of completeness and quantity of all required shop drawings, product data, samples and other submittals. Willdan will transmit the Submittals to City staffing for review and approval and will establish and implement procedures for expediting the processing, approving, and distribution of Submittals. b. Determine the workflow on PROCORE for all Submittal/RFI review including City staff, design engineers, contractor personnel, and the construction management team. c. Using the City’s current Procore program, Willdan’s Construction Managers will log, track, and process submittals, RFIs, releases for construction (RFCs), contract change orders (CCOs), field directives, construction schedule, and detailed traffic control plan. d. Review submittal log in terms of items needed and resubmittals required and review RFI, RFC, and CCO logs.

6. Constructability Review
a. The individuals assigned as Project Manager, Inspector and Contract Administrator, will not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and will not be responsible for the failure of the contractor to carry out work in accordance with the contract documents.

However, any errors, omissions, or discrepancies found in the Contract Documents will be called to the attention of the City's Construction Manager and clarified prior to start of construction.
b. Conduct a review of the plans and specifications, including analysis of quantities and costs, check of construction phasing, and full analysis of the contractor’s schedule. c. Identify the elements of construction that could be substituted with more efficient materials and associated methods.
d. Provide a thorough review of the construction sequence necessary to complete the improvements included in the construction contract.
e. Once a set of recommended corrections is developed, verify that time constraints do not impact implementation.
f. Prepare a report of findings and outline recommendations to reconcile issues discovered and generally to expedite the project.

7. Change Order Review
a. Willdan will conduct comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution. We will monitor and report on the status of the Project Construction Budget on a monthly basis, indicating actual costs for completed activities and work in progress, and indicating estimates for uncompleted work. We will advise the City whenever it appears that the Actual Construction Cost has exceeded, or will exceed, the Project Construction Budget for the entire Project or any Project Component.
b. Perform quantity, time, and cost analyses required for negotiation of contract changes. c. Negotiate and prepare change orders, including memorandum of explanation and cost estimates, to substantiate change order and send to City for review. d. Maintain all data for change orders and record information with regard to time of dispute, time of notification by contractor, and action taken by inspector.

8. Safety
a. Monitor the contractor's safety program. Take necessary steps to ensure the jobsite conditions are in compliance with OSHA regulations.
b. Review contractor’s safety program in consultation with City staff. c. Monitor compliance with Cal OSHA requirements and compliance with all local, state, and federal regulations. Although Willdan will monitor activities, it is contractor’s sole responsibility to provide workers with safe working environment.

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9. Progress Payments
a. Maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records.
b. May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. Make recommendations for certification to the City for payment.
c. Provide status of monthly certified payroll reports and monthly as-builts updates as backup for each payment submitted to the city for review.
d. Review for approval contractor’s progress payment requests, including verifying LAPM compliance status and impact on payment; negotiate differences over amount with contractor; and process payments through City's Project Manager.

10. Inspections
a. Determine that the work of contractor is being performed in accordance with the contract documents. Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. Subject to review by the City, reject work which does not conform to the requirements of contract documents. b. Facilitate and coordinate inspection by representatives of other agencies. c. Verify that contractor conforms to design survey line and grades. d. Provide as-needed construction inspection of work to monitor materials and methods for compliance with plans, specifications, and contract documents; address and document nonconforming items as they are discovered. e. Monitor compliance with Clean Air Act and Clean Water Act (National Pollutant Discharge Elimination System – NPDES best management practices).
f. Conduct daily measurements of quantities of work with contractor. g. Review actual contractor performance throughout day and discuss discrepancies with contractor as they occur.
h. Evaluate contractor’s operation and production with respect to quality and progress and report to the construction manager.
i. Photograph continuous property frontages along street alignment once prior to construction and once immediately following construction. Maintain photographic record of key elements of each major operation of work each day, with increased detail in situations of potential changes or claims.
j. Closely monitor testing results and require contractor to provide corrective measures to achieve compliance.
k. Prepare and maintain detailed daily diary inspector reports on construction progress. l. Maintain field file bound workbooks during construction, including cumulative record of quantities constructed, daily and weekly reports, working day reports, change order documentation, photographs, and other documentation.
m. Provide complete measurements and calculations documented to administer progress payments.
n. Maintain and submit red-lined set of plans for as-built corrections on record drawings to be filed with City. (City’s design consultant will transfer contractor’s record drawings to original Mylar drawings.)

11. Claims
a. Claims submitted by the contractor must adhere to the Public Contract Code Section 10240 and 20104.
b. PM shall coordinate with City consultant on claim matters.

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c. Review all claims and provide an evaluation to the City. Coordinate the resolution of each claim with suggested design changes that may have been caused by unforeseen field conditions.
d. Provide claims mitigation monitoring, including proactively applying foresight to discover unforeseen conflicts prior to contractor encounter.
e. Monitor and perform immediate and thorough analysis of validity of all potential claims that arise.
f. Analyze delays and review claims on timely basis; make recommendations to City.

12. Prevailing Wage/Labor Compliance
a. Willdan will monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis.
b. Willdan will verify that all trade personnel listed in the daily log are also listed in the certified payroll and will conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payments.
c. Perform employee interviews to verify and enforce prevailing wage requirements on a regular basis.
d. Verify applicable wage determination; document verification as required. If wage determination has changed from what appears in project specifications, provide addendum for dissemination to plan holders.
e. Verify that the Public Works Contract Award Information (DAS-140) and Request for Dispatch of an Apprentice (DAS-142) forms are submitted to local apprenticeship councils by all contractors, as appropriate.
f. Receive and review labor compliance documentation from public works observers or inspectors and compare with contractor-submitted documents. Monitor contractor-submitted payroll documentation on a continuous basis.
g. Verify with State Division of Apprenticeship Standards that any worker listed on the certified payroll who receives less than the published hourly journeyman rate is registered in an approved apprenticeship program and is in possession of a formal certification. h. Verify that any payroll deductions are acceptable under State prevailing wage law. i. Verify that payroll data is submitted to the Department of Industrial Relations (DIR) online Compliance Monitoring Unit (CMU) under the correct DIR project number. j. Verify the payment of the training contribution, as necessary. k. Follow up with contractor by telephone, email, and/or certified mail regarding required document submittals and payroll discrepancies and deficiencies. Provide detailed description of alleged deficiencies; outline corrective action to be taken; and enforce regulatory deadlines for compliance.
l. Calculate any applicable underpayments due; obtain restitution payroll(s) plus proof of worker payment(s), as needed.
m. Receive, pursue, and document labor complaints; prepare violation reports to oversight agencies as required; recommend special action to be taken if contractor continuously fails to comply with requests and requirements.
n. Coordinate with City staff the withholding of progress and/or retention payments if contractor fails to abide by labor compliance requirements.
o. Maintain content and format of labor compliance file in conformance with applicable government requirements.

13. CWA Compliance
a. Willdan will monitor and enforce the City's Community Workforce Agreement (CWA) forms and requirements to ensure compliance. Verification will be provided with the monthly progress payments.

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b. Outline responsibilities within the agreement and assist contractors in achieving the CWA goal.

14. Project Closeout
a. The PM will be responsible for all project closeout items, such as: As-Built plans and related documentation, punch list completion, commissioning, warranty requests during the oneyear period. Willdan will schedule and oversee the warranty repair. Should include site visits as requested by the City to look at defects or imperfection to determine if it is a warranty issue.
b. Willdan will provide a close out report outlining any obstacles, violations, services performed, and final percentages achieved by the workforce as part of the CWA. c. Willdan will provide a close out report for but not limited to any violations, fringe benefit statements, missing payroll reports, unsatisfactory employee interviews, claims, and any other documentation related to prevailing wage and labor compliance. d. Prepare punch list at substantial completion and follow up on correction progress. e. Schedule final inspection with City and applicable agencies; prepare, distribute, and inspect corrections to final punch list for completion; and recommend final acceptance. f. Prepare documentation for final payment to contractor. g. Upon project completion, provide finished set of project workbooks to City. h. Ensure City receives as-built set of drawings at completion. i. Assist City with stop notices and release of retention. j. Provide memorandum of clearance to issue notice of completion. k. Finalize and deliver all construction files and supplies to City for their records.

15. Community Outreach
a. Attend and co-lead a pre-construction meeting with the community. Primary purpose of this meeting is to introduce the CM team to the community and discuss major anticipated construction impacts.
b. PM shall coordinate with the city’s community liaison and communicate with the community regarding impacts related to the construction project.
c. Assist City with public awareness and information program to keep residents and local stakeholders advised of project status along with impacts to traffic flow circulation, including answering public’s questions about project.
d. Ensure contractor distributes public construction notices and places construction and information signs.
e. Prepare and distribute informational flyers to residents and business owners within the project area prior to, at 50 percent, and near project
f. Setup a 24-hour telephone number to receive complaints. Respond to complaints within 24 hours and notify the City within that time of said resolution. g. Hold informational meetings with area residents and business owners to include two meetings prior to construction and one meeting during construction. h. Maintain a log of telephone calls documenting complaints received and actions taken to resolve the complaint; provide the City a weekly summary sheet documenting complaints/comments filed along with the action taken and resolution selected. i. Ensure maintenance of detours and access to businesses and resolve any issues arising from detours.

16. Federal Requirements
a. Preparation of Caltrans documentation including but not limited to Award package, interim reports, and final report (close out) to be reviewed by the City. b. Coordinate with the City to ensure Disadvantaged Business Enterprises (DBE) goal is met by contractors and document any changes throughout the length of the project.

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c. Compliance with Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) authorized by the American Rescue Plan Act (ARPA). Review ARPA requirements for construction and enforce any regulations set forth by these funds
Award Package
a. Prepare the award package following the award of the construction contract and receiving the following items from the City: the engineer’s final opinion of probable construction cost, contractor’s bid, bid analysis, proof of advertisement, and executed Program Supplement Agreement.
b. Prepare LAPM Exhibits 15-C Local Agency Project Advertising Checklist and 15-I Local Agency Bid Opening Checklist for the project file, 15-L Local Agency Contract Award Checklist, 15-M Detail Estimate and Summary, 15-N Finance Letter, 15-B Resident Engineer’s Construction Contract Administration Checklist based on the awarded bid, and 3- A Project Authorization/Adjustment Request if making an adjustment to the Finance Letter. c. Submit package to the Caltrans DLAE within 60 days of award along with the following items provided by the City: as-advertised plans and specifications, LAPM Exhibits 15-G Local Agency Bidder DBE Commitment (Construction Contracts), 15-H Good Faith Effort, and 9-E Evaluation of Good Faith Effort Memo.

Progress Invoicing
a. Prepare progress invoices at least every 6 months.
b. Monitor the Inactive Obligations List on the Caltrans Local Assistance website and notify City staff of any pending deadlines to submit invoices. c. Prepare LAPM Exhibit 5-A Local Agency Invoice based on the following items provided by the City: LAPM Exhibits 10-C Consultant Contract Reviewers Checklist, 10-O1 Consultant Proposal DBE Commitment, 10-O2 Consultant Contract DBE Commitment, contractor progress payments, consultant invoices and cancelled checks, and a copy of 15-L Local Agency Contract Award Checklist (first construction invoice only). d. Submit package to the Caltrans DLAE.

Final Invoice & Final Report of Expenditures
a. Prepare a request for post-award finance letter adjustment, if needed, based on the final construction and consultant costs prior to submitting the Final Invoice package to close out the project. and submit to the Caltrans DLAE LAPM Exhibits 3-A Project Authorization/Adjustment Request, 15-M Detail Estimate and Summary, and 17-E Change Order Summary.
b. Prepare LAPM Exhibits 17-A Federal Report of Expenditures Letter and the Report of Expenditures Checklist, 17-C Local Agency Final Inspection Form, 17-G Materials Certificate, 5-A Local Agency Invoice, 15-M Final Detail Estimate and Summary, and 17-E Change Order Summary along with the following items to be provided by the City: LAPM Exhibits 17-F Final Report - Utilization of DBE, First Tier Subcontractors and 17-O DBE Certification Status Change, final consultant invoices, contractor progress payments, final retention payment, and copies of cancelled checks.
c. Submit package to the Caltrans DLAE.

3. Fee Proposal
As requested by the City, the Fee Proposal has been submitted in a separate sealed envelope.

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4. Certifications
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On-Call Construction
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On-Call Construction
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City Council 10 – 281 10/3/2023
2401 E. Katella Avenue, Suite 300
Anaheim, CA 92806
714.940.6300 | 800.424.9144 | Fax: 714.940.4920
www.willdan.com
City Council 10 – 282 10/3/2023

EXHIBIT C

COMPENSATION
Consultant’s Fee Proposal including hourly rates, if applicable City Council 10 – 283 10/3/2023

WILLDAN ENGINEERING
Schedule of Hourly Rates
Effective July 1, 2023 to June 30, 2024
** For Non-Prevailing Wage Project *** For Prevailing Wage Project Mileage/Field Vehicle usage will be charged at the rate in accordance with the current FTR mileage reimbursement rate, subject to negotiation.

Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A sub consultant management fee of fifteen percent (15%) will be added to the direct cost of all sub consultant services to provide for the cost of administration, consultation, and coordination. Valid July 1, 2023 thru June 30, 2024, thereafter, the rates may be raised once per year to the value between the 12-month % change of the Consumer Price Index for the Los Angeles/Orange County/Sacramento/San Francisco/San Jose area and five percent. For prevailing wage classifications, the increase will be per the prevailing wage increase set by the California Department of Industrial Relations.

Rev V02 05.12.2023

DESIGN ENGINEERING
Technical Aide I $77
Technical Aide II $100
Technical Aide III $120
CAD Operator I $126
CAD Operator II $146
CAD Operator III $162
GIS Analyst I $164
GIS Analyst II $180
GIS Analyst III $191
Environmental Analyst I $140
Environmental Analyst II $157
Environmental Analyst III $166
Environmental Specialist $180
Designer I $168
Designer II $174
Senior Designer I $184
Senior Designer II $193
Design Manager $191
Senior Design Manager $198
Project Manager I $177
Project Manager II $197
Project Manager III $207
Project Manager IV $223
Principal Project Manager $227
Program Manager I $197
Program Manager II $209
Program Manager III $228
Assistant Engineer I $137
Assistant Engineer II $153
Assistant Engineer III $161
Assistant Engineer IV $170
Associate Engineer I $179
Associate Engineer II $186
Associate Engineer III $190
Senior Engineer I $194
Senior Engineer II $198
Senior Engineer III $201
Senior Engineer IV $204
Supervising Engineer $209
Traffic Engineer I $209
Traffic Engineer II $223
City Engineer I $223
City Engineer II $227
Deputy Director $231
Director $237
Principal Engineer $257

BUILDING AND SAFETY
Assistant Code Enforcement Officer $103
Code Enforcement Officer $118
Senior Code Enforcement Officer $139
Supervisor Code Enforcement $168
Plans Examiner Aide $110
Plans Examiner $168
Senior Plans Examiner $184
Assistant Construction Permit Specialist $118
Construction Permit Specialist $124
Senior Construction Permit Specialist $146
Supervising Construction Permit
Specialist
$154
Assistant Building Inspector $139
Building Inspector $154
Senior Building Inspector $168
Supervising Building Inspector $184
Inspector of Record $196
Deputy Building Official $196
Building Official $198
Plan Check Engineer $192
Supervising Plan Check Engineer $194
Principal Project Manager $227
Deputy Director $231
Director $237

PLANNING
CDBG Technician $82
CDBG Specialists $98
CDBG Analyst $116
CDBG Coordinator $144
CDBG Manager $174
Housing Programs Coordinator $144
Planning Technician $123
Assistant Planner $154
Associate Planner $168
Senior Planner $191
Principal Planner $198
Planning Manager $211
Deputy Director $231
Director $237

ADMINISTRATIVE
Administrative Assistant I $95
Administrative Assistant II $114
Administrative Assistant III $133
Project Accountant I $107
Project Accountant II $125
Project Controller I $133
Project Controller II $150

CONSTRUCTION MANAGEMENT
Labor Compliance Specialist $139
Labor Compliance Manager $174
Utility Coordinator $167
Office Engineer I $140
Office Engineer II $159
Assistant Construction Manager $152
Construction Manager $176
Senior Construction Manager $191
Resident Engineer I $198
Resident Engineer II $206
Project Manager IV $223
Deputy Director $231
Director $237

INSPECTION SERVICES
Public Works Observer ** $125
Public Works Observer *** $151
Senior Public Works Observer** $136
Senior Public Works Observer *** $151

MAPPING AND EXPERT SERVICES
Survey Analyst I $143
Survey Analyst II $164
Senior Survey Analyst $187
Supervisor - Survey & Mapping $197
Principal Project Manager $227

LANDSCAPE ARCHITECTURE
Assistant Landscape Architect $146
Associate Landscape Architect $168
Senior Landscape Architect $184
Principal Landscape Architect $195
Principal Project Manager $227
City Council 10 – 284 10/3/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 3, 2023
TOPIC: Amend Agreement for Water System Mapping and Support Services

AGENDA TITLE
Amend Agreement with iWater, Inc. for Water System Computer Modeling and Engineering Services by an Additional Amount Not to Exceed $240,000 for the Remainder of the Agreement Term including Final Extension Option from April 1, 2024 through March 31, 2025 (Non-General Fund).

RECOMMENDED ACTION
Authorize the City Manager to execute the first amendment to the agreement with iWater, Inc. for water system mapping and support services, to increase amount by $120,000 annually for the remainder of the term, and exercise the final extension option from April 1, 2024 through March 31, 2025 for $120,000, for a total amount not to exceed $240,000, subject to non-substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On March 17, 2020, at the conclusion of a competitive bidding process, City Council awarded a three-year agreement, with the provision for two one-year extension options, to iWater, Inc (iWater) (Exhibit 1) to provide water system mapping and support services for the Water Resources Division of the Public Works Agency (Water Resources).

Water Resources utilizes iWater’s infraMAP software daily to collect, store, and retrieve data while performing both routine and emergency work in the field.

Since the initial agreement was awarded in 2020, City staff has identified infraMAP can also be used for inventorying infrastructure and assets which historically had never been recorded, namely those related to water meter appurtenances. As part of the City’s Automated Metering Infrastructure (AMI) Project, data such as water meter box size, valve condition, and meter box material and condition are necessary to ensure the installation contractor can perform their work successfully. Employing iWater to conduct this work will allow for the AMI Project to continue to move forward without unnecessary delays.

City Council 11 – 1 10/3/2023
Amend Agreement for Water System Mapping and Support Services October 3, 2023

Page 2 ends

For these reasons, staff has exceeded the initial estimation of utilization of the contracted services. Staff recommends amending the agreement with iWater, Inc. to increase the annual funding amount for the remainder of the current and future extension terms in order to continue the integral work being performed.

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

Fiscal Year
Accounting
Unit –
Account #
Fund
Description
Accounting Unit,
Account Description Amount
FY 23-24 06017645-66511 Water
Water Administration &
Engineering, Computer
Software Subscription
$120,000
FY 24-25 06017645-66511 Water
Water Administration &
Engineering, Computer
Software Subscription
$120,000
Total $240,000

EXHIBIT(S)

1. Agreement A-2020-049

2. First Amendment with iWater, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 11 – 2 10/3/2023

I SURANCE ON FILE

WORK MAY PROCEED

UNTIL INSURANCE EXPIRES
Oy /0 ¼ 1102..0
�RK OF COUNCIi w'llater
·:f., V:.(r�I%f

SOFTWARE LICENSE AND SUPPORT AGREEMENT
A-2020-049
iWaler, Inc.
12 Goodyear, Suite 130
Irvine, CA 92618-3747
Phone: 949-768-4549
Fax: 949-768-4155
0 ., Wt. ,P T
• (v.,.� \IO�C-t\1) �=========================================== This agreement etfoctive as of the last date signed below (the "Effective Date'') is between iWatcr, Inc. ("iWater''). and City of Santa Ana ("Licensee") and consists of this infraMAP® Software License and Support Agreement and the attached exhibits referenced below (collectively, "Agreement").

SCOPE OF LICENSE GRANT
For a maximum term of five (5) years from the Effective Date, subject to payment of Monthly License Support Fee and applicable fees set forth on Exhibits A and B, Licensor hereby grants to Licensee, and Licensee hereby accepts, a nonexclusive, non-transferable license to use the iWater infraMAP® Software and Related Materials (collectively, the ''Software") as defined in, and in accordance with the terms of this Agreement. The initial term is for three (3) years with an option to renew annually for an additional two (2) years from the Effective Date.

SUPPORT AND MAINTENANCE
iWater shall provide Software Maintenance & Support as detailed below, in exchange for payment of Monthly License Support Fee. After the initial three (3) years, at the sole option of the Licensee, Maintenance & Support may be extended in one (I) year increments for the remaining 2-year period at the prices and payment terms stated in Exhibits A and B. Software Maintenance & Support services include:

I. Improvements, updates, or modifications to U1e infraMAP® Software product purchased that iWater makes generally available as a minor release or update.

2. Access to iWater's Technical Support Team (·'Help Desk"') to answer questions, provide email and telephone support, as well as assistance during normal business hours for current versions ofinfraMAP® software. iWater will investigate all questions and problems promptly. Licensee agrees to provide adequate information to iWater to assist in the investigation and to confirm that any problems have been resolved. lfdeemed necessary, iWater may also provide onsite support.

3. Software License Support fees must be pre-paid monthly and are non-refundable for any reason.

GENERAL PROVISIONS AND DEFINITIONS
I. Software: "Software," as used in this Agreement, includes the following infraMAP® software products and extensions thereof: infraMAP®, infr
aMAP® Enterprise, infraMAP® Field, infraMAP® Manager, infraMAP® NOW, infraMAP® PLUS, inf
raMAP® Standard, infraMAP® 811 Tickets, infraMAP® Desktop, infraMAP® 1OS, infraMAP® Android, infraMAP® Server, (individually and collectively, "Licensed Products" or "Software''), and additional or successor Software products marketed or licensed.

2. License Use: Licensee shall not copy the License Products or Soll ware, nor shall the Licensee allow their use by others, without the express and written permission of iWater, excluding the use for backup, archival, and in-house disaster recovery purposes. Licensee furthermore agrees not to:

A. Reverse engineer any part of the Licensed Products, in part or in their entirety; B. Distribute, sell, or otherwise transfer any part of the Licensed Products.

C. Create any derivative works or products based on or derived from the Licensed Products or documentation or modify any Licensed Products or documentation without the prior written consent of iWater. In the event of a breach of this provision, said modification, derivative work, or product based on the Licensed Products or documentation is hereby deemed assigned to iWater (without limiting their remedies).

3. Protection of Intellectual Property Rights: Licensee will reproduce and include any copyright, patent, trademark, or restrictive legends or notices on all items licensed under this Agreement and shall take other necessary steps to protect iWater"s and its licensor's intellectual property righ1s.

4. No Implied Waivers: The failure of either party to uphold or enforce any provision of this Agreement shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision.

5. Severability: The parties mutually agree that if any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make the intent of the language enforceable.

6. Independent Contractor: iWater is, and at all times will be, an independent contractor. Nothing in this Agreement shall be deemed to create an employer/employee, principal/agent, or joint venture relationship. Neither party has the authority to enter into any contracts on behalf of the other party or otherwise act on behalf of the other party.

7. Force Majeurc: If the performance of this Agreement or any obligation except the making of payments, is prevented, restricted, or interfered with by reason offire, flood, earthquake, explosion, or other casualty or accident; strikes or labor disputes; inability to procure or obtain delivery of parts, supplies, or power; war, terrorist act, cyber-attack, or other violence; any law, order, proclamation, regulation, ordinance, demand, or requirement of any governmental agency; or Page I of 6 infraMAP® Sofhvare License and Support Agreement 1.27.2020 EXHIBIT 1
City Council 11 – 3 10/3/2023
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FIRST AMENDMENT TO AGREEMENT WITH iWATER, INC., FOR WATER SYSTEM

COMPUTER MODELING AND ENGINEERING SERVICES
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on October 3, 2023, by and between iWater, Inc., a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The parties entered into Agreement No. A-2020-049 (“Agreement”) dated April 1, 2020, to retain a qualified contractor to provide water system computer modeling and engineering services to the Water Services Division of the Public Works Agency.

B. The parties executed the first of two (2) one- (1) year extensions on March 24, 2023 (A2020-049-01). The Agreement is in full force and effect through March 31, 2024.

C. The parties now wish to amend the Agreement to exercise the final extension and increase compensation.

The Parties therefore agree:

1. Pursuant to the section titled, “Scope of License Grant,” of the Agreement, the final extension is hereby exercised for an additional one-year period, from April 1, 2024 through March 31, 2025.

Any insurance certificates are required to be extended and/or renewed to cover this final extension.

2. Pursuant to the “Contract Total,” in Exhibit A of the Agreement, the compensation is hereby amended to increase annual compensation by $120,000 for the remainder of the Agreement.

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

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

Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM iWATER, Inc.

SONIA R. CARVALHO, City Attorney
By:____________________________
Brandon Salvatierra Name:

Deputy City Attorney Title:
[signatures continued on next page]
y:____________________________
randon Salvatierra N Julie Rhodes
CFO
EXHIBIT 2
City Council 11 – 13 10/3/2023

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RECOMMENDED FOR APPROVAL
______________________________
Nabil Saba
Executive Director
Public Works Agency
City Council 11 – 14 10/3/2023
Police Department
www.santa-ana.org/police
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 3, 2023
TOPIC: School Resource Officer Services for Garden Grove Unified School District

AGENDA TITLE
Approve a Three-Year Agreement with the Garden Grove Unified School District for School Resource Officer Services in the Amount of $630,657 Payable to the City

RECOMMENDED ACTION
Authorize the City Manager to execute a three-year service agreement with the Garden Grove Unified School District (GGUSD), which provides for the Santa Ana Police Department to staff one full time School Resource Officer (SRO) to the school district, for the period of October 3, 2023 through October 2, 2026, in an amount not to exceed $630,657 payable to the City, subject to non-substantive changes approved by the City Manager and the City Attorney.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The GGUSD has six schools located in the western portion of the city, which are within the policing jurisdiction of the Santa Ana Police Department. The schools consist of five elementary schools (Rosita, Hazard, Newhope, Heritage, Russell) and one intermediate school (Fitz). The GGUSD does not have a police department. The GGUSD provides police services to its various schools by entering into service agreements with the law enforcement agency with jurisdiction over the school(s). The GGUSD is seeking to augment and enhance their security measures for its Santa Ana schools by entering into a service agreement with the Santa Ana Police Department to provide a full time, sworn police officer to serve as their SRO for the six schools located in Santa Ana. The service agreement was approved by the GGUSD School Board at their meeting on September 19, 2023.

The SRO will be responsible for providing security and crime prevention services. The SRO will work directly with school administrators, teachers, and students to cooperatively provide law enforcement resources coupled with the mentoring of students and the provision of law enforcement related presentations on youth issues.

City Council 12 – 1 10/3/2023
School Resource Officer Services for Garden Grove Unified School District October 3, 2023

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This service agreement provides for a percentage based cost recovery for the officer assigned to GGUSD.

The annual not-to-exceed service agreement amount of $210,219 covers 76% of salary, costs, benefits, and a $25,000 contingency for overtime and unanticipated expenses.

The three-year agreement amount is $630,657. The fulfillment of this service agreement and placement of the officer is contingent upon Police Department staffing.

FISCAL IMPACT
The police officer to be assigned as the SRO is budgeted in the Police Department, Field Operations Bureau account no. (01114420-various). The annual estimated cost of an officer is $243,709. The placement of the officer is contingent upon Police Department staffing and the officer will be assigned to this role only during the school year (76% of full time equivalent). Once assigned, the district will reimburse the City of Santa Ana, Police Department for up to $185,219 (76% of the annual cost of an officer), plus $25,000 contingency for an annual amount of $210,219.

Reimbursement revenues received from the Garden Grove Unified School District will be deposited in the Police Miscellaneous Reimbursement revenue account (no. 01114002-57402).

EXHIBIT(S)

1. Agreement with the Garden Grove Unified School District Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
City Council 12 – 2 10/3/2023
Exhibit 1
City Council 12 – 3 10/3/2023
City Council 12 – 4 10/3/2023
City Council 12 – 5 10/3/2023
City Council 12 – 6 10/3/2023
City Council 12 – 7 10/3/2023
City Council 12 – 8 10/3/2023
City Council 12 – 9 10/3/2023
City Council 12 – 10 10/3/2023
City Council 12 – 11 10/3/2023
City Council 12 – 12 10/3/2023
City Council 12 – 13 10/3/2023
City Council 12 – 14 10/3/2023
City Council 12 – 15 10/3/2023
City Council 12 – 16 10/3/2023
City Council 12 – 17 10/3/2023
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 3, 2023
TOPIC: Agreement with Seaside Ice, LLC, dba Ice-America

AGENDA TITLE
Agreement with Seaside Ice, LLC, dba Ice-America, for a Seasonal Ice Rink and Related Services (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Seaside Ice, LLC, dba IceAmerica, for a total amount not to exceed $795,936, which includes the base amount of $723,536 and a contingency amount of $72,400, for a term beginning October 3, 2023 and ending January 31, 2024, subject to non-substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The City of Santa Ana will host the third annual outdoor, family-friendly winter event in the Civic Center for Santa Ana residents and the surrounding communities. The event will feature an ice-skating rink, food, holiday décor, and seasonal activities to be open to the public from December 2, 2023 through December 30, 2023. Seaside Ice, LLC, dba Ice- America will provide the installation and operation of a seasonal, portable ice rink and additional related services, including all necessary equipment and labor, experienced ice rink operations staffing, marketing, decorations, and lighting (Exhibit 1).

Staff may use existing City contracts for support services, such as security and cleaning, and will seek City Council approval for those items in the future, as needed.

Ice-America has provided ice rink services since 2008 and is the exclusive distributor of the trademarked Ice-World aluminum ice rink system in the U.S. and Canada.

FISCAL IMPACT
Funds for this project are budgeted and available in the account below. Upon approval of the agreement, $361,768 shall be made payable to Ice-America to secure ice rink services, which is 50 percent of the base amount. The outstanding balance of $361,768 shall be made payable to Ice-America upon opening of the Winter Village event. The additional $72,400 will be available for unanticipated costs.

City Council 13 – 1 10/3/2023
Agreement with Seaside Ice, LLC, dba Ice-America
October 3, 2023

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Fiscal
Year
Accounting UnitAccount #Fund
Description
Accounting Unit,
Account Description
Amount
23-24 01113230-62300 General Fund PRCSA-Recreation &
Comm. Svc, Contract
Services-Professional
$795,936
The City expects to recuperate a portion of the event production cost through ticket sales.

These revenues will be received into the account below.

Fiscal
Year
Accounting UnitAccount #Fund
Description
Accounting Unit,
Account Description
Amount
23-24 01113002-53331 General Fund Rec Comm SvsMgrl/Support Svs, City Events
$120,000

EXHIBIT(S)

1. Agreement
Submitted By: Hawk Scott, Executive Director of Parks, Recreation and Community Services
Approved By: Kristine Ridge, City Manager
City Council 13 – 2 10/3/2023

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AGREEMENT WITH ICE-AMERICA TO PROVIDE
AN OUTDOOR HOLIDAY ICE SKATING RINK FOR WINTER VILLAGE 2023 THIS AGREEMENT is made and entered into on this 3rd day of October, 2023, by and between Seaside Ice, LLC, a California limited liability company doing business as Ice-America (“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”). Contractor and City are also referred to collectively as “the Parties” or individually as a “Party.”

RECITALS
A. The City desires to retain a contractor having special skill and knowledge regarding the installation, providing of equipment, and maintenance of a portable outdoor ice-skating rink in the City and to provide support services for operation of this ice-skating rink.

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

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

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

1. SCOPE OF SERVICES
Contractor shall construct, provide all equipment for, and operate a portable outdoor ice rink of 82 feet x 50 feet (4100 square feet) on dates and a location as specified by the City and as set forth in detail in Contractor’s proposal, attached hereto as Exhibit A, and incorporated by reference.

2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount authorized during the term of this Agreement shall not exceed 795,936.00. This sum is comprised of (1) the base amount of $723,536.00 and (2) a contingency in the amount of $72,400.00 for additional and as-needed services, to be exercised at City’s sole discretion. b. Payment of a deposit in the amount of $361,768.00 shall be processed and made available, subject to City accounting procedures, for FedEx to Contractor on October 12, 2023.
c. Payment of the remaining base amount of $361,768.00 shall be processed and made available, subject to City accounting procedures, to Contractor upon the opening of the Winter Village Event.

City Council 13 – 3 10/3/2023

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

3. TERM
This Agreement shall commence on the date first written above and end on January 31, 2024, unless terminated earlier in accordance with Section 15, below.

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

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 Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

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

6. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & City Council 13 – 4 10/3/2023

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advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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

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

4. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions

1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).

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

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

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

4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of City Council 13 – 5 10/3/2023

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subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The Citymay 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 selfinsured retention may be satisfied by either the named insured or City.

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

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

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

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

7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable 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 City Council 13 – 6 10/3/2023

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or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party 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
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.

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

10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) City Council 13 – 7 10/3/2023

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is independently developed by the Contractor without reference to information disclosed by the City.

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

12. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor 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 Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services, 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, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of City Council 13 – 8 10/3/2023

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termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work, 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
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

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:

City Council 13 – 9 10/3/2023

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To City:

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

Executive Director
Parks, Recreation, and Community Services
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
Fax:714-571-4211
To Contractor:

And:

Agent for Service of Process: Scott Williams
501 Herondo Street, Suite 56
Hermosa Beach, CA 90254
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. FORCE MAJEURE
Should the performance of any act required by this Agreement to be performed by either City or Contractor be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations of any kind Seaside Ice, LLC (dba Ice-America)
Attn: Scott Williams, Managing Member
807 Sprucelake Drive
Harbor City, CA 90710
and
City Council 13 – 10 10/3/2023

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including those regarding the COVID-19 pandemic, or any other cause except for financial inability not the fault of the Party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay shall be excused, provided, however, that nothing contained in this section shall excuse the performance of any act rendered difficult solely because of the financial condition of the Party, City or Contractor, required to perform the act.

21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is 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 Contractor 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.
d. This Agreement may be signed in counter parts with each part or signature page compiled into one original document.
e. The Parties agree that this Agreement may be signed using an electronic signature by any means that reasonably ensures authenticity.
[signature page to follow]
City Council 13 – 11 10/3/2023

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SIGNATURE PAGE FOR AGREEMENT WITH ICE-AMERICA TO PROVIDE AN OUTDOOR HOLIDAY ICE SKATING RINK FOR WINTER VILLAGE 2023 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 SEASIDE ICE, LLC dba ICE-AMERICA
SONIA R. CARVALHO
City Attorney
By:

Jonathan T. Martinez
Assistant City Attorney

RECOMMENDED FOR APPROVAL
Hawk Scott
Executive Director
Parks, Recreation, and Community Services Agency
Scott Williams
Managing Member
City Council 13 – 12 10/3/2023

EXHIBIT A
Contractor’s Proposal
City Council 13 – 13 10/3/2023
807 Sprucelake Drive
Harbor City, CA 90710
323-776-9423
Production Price List
Ice Rink & Event 23.4

PRICE LIST / PRODUCTION BUDGET

CATEGORY SUMMARY
Project No: Ice Rink & Event Production Price List 23.4 Prepared By: SWW Product: Ice Rink Production Title: Santa Ana Holiday Ice Skating Rink Date: 7/7 Purpose: recreational ice rink installation Production Dates: TBD - Nov 20-30, 2023 Revised: 9/5
Location: Plaza of the Flags, Civic Center, Santa Ana, CA Actual:

Open Dates: Dec 1 - 31, 2023
PRODUCTION DESCRIPTION: Production of portable ice rink & ancillary equipment Shipping & transportation, installation, training
Included Production elements: Ice Resurfacer, Chiller rental Included: Lighting and sound equipment for ice rink
NOTES: Also included options: ice rink operations and maintenance ASSUMPTIONS: Budget is based on ice surface size: 82' x 50' Not included in this budget: tax, permits, all electricity and distro, water, wi-fi connectivity, security, , crane (if needed) toilets, trash, daily cleaning service, first aid, event signage, ADA access, on-site storage ICE RINK EXPENSES:

Unit Price No. Term Total Price
1 Portable Ice Rink $ 51,452
Portable Ice Rink $ 0.80 4100 7 $ 22,960 provision of: 82' x 50' ice surface = approx. 4100 sq.ft includes ICE-WORLD ice rink elements, headers, header covers Pump 1,954 1 1 $ 1,954 sytem pump for glycol, etc.

Glycol, Liner, Insulation $ 2.37 4100 1 $ 9,717 glycol, plastic sheet, insulation Resurfacer-electric $ 2,100 1 7 $ 14,700 small electric ice resurfacer Snow Melt Equipment $ 303 1 7 $ 2,121 Heatrex heating element & melt trough for snow melting 2 Chiller Rental $ 43,500
Chiller rental package $ 110 200 1.75 $ 38,500 monthly rental of chiller, pump, tank, extra cables & equipment Delivery, install, pickup $ 2,500 2 1 $ 5,000 delivery, installation, removal, startup 3 Dasher Boards $ 8,085
PE Transparent $ 3.85 300 7 $ 8,085 recreational clear skating boards x number of feet 4 Other Ice Rink Equipment $ 20,065
Skates $ 4.35 275 7 $ 8,374 Roxa skates w/buckles
Helmets $ 2.75 30 7 $ 578 helmets (s, m, l)
Skate Rack $ 78 6 7 $ 3,276 portable skate racks - collapsing with wheels Skate Rack Shelves $ 39 1 7 $ 273 shelves for in between portable racks Skate Sharpener $ 171 1 7 $ 1,197 EZ-Sharp or Wissota
Extra thick plastic sheet $ 0.25 4100 1 $ 1,025 square feet required - for events only Skate aid "Bobby" & "Tommy" $ 30.53 25 7 $ 5,343 provision of skating aid "seal" and "reindeer" 5 Installation, Training, Transportation $ 56,260
Rink installation $ 3,675 3 2 $ 22,050 Rink installation supervisors & labor (in/out) / warehouse Production fee $ 25,210 1 1 $ 25,210 travel, legal & admin, production for install/removal/maintenance/forklifts Hotel for install crew/mgr $ 150 2 $ - local - not required (supervisors load-in and load-out hotel) Shipping & Trucking $ 2,250 2 2 $ 9,000 estimated trucking/shipping ice rink equipment 6 Site Build-Out 23,925
Skate lace area rubber mats $ 3.65 1500 1 $ 5,475 estimate for skate lace area rubber mats Office trailer $ 2,500 1 2 $ 5,000 8' x 12' ticket office trailer Tents $ 1,750 6 1 $ 10,500 tents for skate rental & waivers & VIP area w/lighting Benches $ 23 10 5 $ 1,150 benches for skaters
Railing / Barricade $ 18.00 20 5 $ 1,800 3' sections
7 Leveling Options $ 69,874
Platform $ 1.15 4500 5 $ 25,875 rental for specialized ice rink low scaffolding platform Installation $ 4.57 4500 1 $ 20,565 supervisors & labor for platform Skate lace area finish work $ 14.95 825 1 $ 12,334 ramps & rink platform carpentry, skate lace area finish work Shipping & Trucking Platform $ 1,850 3 2 $ 11,100 estimated trucking/shipping for platform 8 Rink Lighting/Sound $ 23,940
Rink Sound package $ 435 1 7 $ 3,045 (6) outdoor speakers, console, amplifier, playback cordless mic, cables
Rink Lighting package $ 2,985 1 7 $ 20,895 lights, truss, board, light strings 9 Operations $104,900
Setup & Training Fee $ 10,750 1 1 $ 10,750 staff hiring, training, uniforms, management General Manager fee $ 3,675 1 5 $ 18,375 GM weekly rate (60 hrs/wk) Maintenance fee $ 2,950 1 5 $ 14,750 Ice Tech Mgr weekly rate (60 hrs/wk) Weekly operations staffing fee $ - variable staffing payroll fees *Estimated payroll $ 6,975 1 5 $ 34,875 *variable est billed payroll @ $30.00/hr (subj to change based on actual hrs) Housing for GM & Ice Tech $ 950 2 5 $ 9,500 to be determined or provided by sponsor Operations liability insurance $ 0.95 1750 4 $ 6,650 estimate special event insurance to operate ice rink at $ .95/skater Security $ 39.50 $ - CITY TO PROVIDE: required 24/7 security staff from load-in through load-out Ticketing Management $ 2,000 1 5 $ 10,000 40hrs/wk ticketing management service C HOLIDAY ICE RINK PRODUCTION W/SELECTED OPERATIONS $402,001 includes items listed in 1-8 totals above only

OPTIONAL ICE RINK ADD-ON EXPENSES
7B Leveling Options - Extended Deck $ 24,340
Platform $ 1.15 2000 5 $ 11,500 rental for specialized ice rink low scaffolding platform Installation $ 4.57 2000 1 $ 9,140 supervisors & labor for platform Skate lace area finish work $ 13.75 $ - ramps & rink platform carpentry, skate lace area finish work Shipping & Trucking Platform $ 1,850 1 2 $ 3,700 estimated trucking/shipping for platform D HOLIDAY ICE RINK PRODUCTION W/OPERATIONS, EXTENDED DECK $426,341 includes items listed in all totals above only City Council 13 – 14 10/3/2023
EVENT EXPENSES:

Unit Price No. Term Total Price
11 Food & Beverage & Seating $ 15,300
Seating & Tables $ 575 20 1 $ 11,500 picnic tables (20) for eating/drinking patrons Folding Chairs $ 3,800 1 1 $ 3,800 provision of 100 folding chairs incl delivery 12 Lighting, Decorations, Holiday Village $ 59,425 $ 71,310 Santa's Village Hardware (2) $ 5,620 1 1.20 $ 6,744 Santa's Village Hardware: 30x sandbags, 4x box hedges, faux snow Installation labor (3) $ 7,610 1 1.20 $ 9,132 installation labor: 3 carpenters x 3 days, 1 painter x 1 days, expendables Strike labor (4) $ 4,450 1 1.20 $ 5,340 strike labor & expenses: carpenters x 2 days, expendables AV Install Labor (5) $ 8,850 1 1.20 $ 10,620 av install labor: lighting installation - flag poles, santa's village AV Strike Labor (6) $ 5,685 1 1.20 $ 6,822 av strike labor: lighting removal - flag poles, santa's village AV Rentals (7) $ 10,110 1 1.20 $ 12,132 flagpole festoon lighting, snowflake projection, lighting equip, r/t delivery Project Administration (8) $ 17,100 1 1.20 $ 20,520 production labor, contingency (n/a), design, production mgmt, insurance Additions (9) 1 1.20 $ - included above
Fabrication (10) 1 1.20 $ - City to provide from last season: train station façade, paint, clock Replacement Props (11) 1 1.20 $ - TBD - astro, picket fencing, electric heater, reindeer, lighting, dog, props 13 Performances & Appearances $ 3,300
Mrs. Claus Appearances $ 55 6 10 $ 3,300 Storytime with Mrs. Claus appearances 14 Holiday Market 1,800
Railing / Barricade $ 20 18 5 $ 1,800 3' sections
15 Activities $ -
Removed Trackless Train $ 275 6 $ - NOT PROVIDED: trackless train operation estimate - 6hrs/day x days 16 Operations 12,725
Activity staff $ 30.00 67.5 5 $ 10,125 variable est payroll for event staff (village, rink entrance) @ $30/hr Operations liability insurance $ 0.80 500 5 $ 2,000 estimate special event insurance to operate activities at $ .80/participant Waiver Translation $ 600.00 1 1 $ 600 translation of liability waiver into spanish, vietnamese Other 0 not included: container rental, etc.
17 Production, Installation, Training, Transportation, Security $ 36,650 Enhancements installation crew $ 3,675 2 2 $ 14,700 Support installation supervisors & labor (in/out) / warehouse Production Management fee $ 15,250 1 1 $ 15,250 travel, legal & admin, prod for inst/removal/mntnc, forklifts/scissorlifts Electrical rentals & fees $ - not included, host to provide electrical services and supplies Power for Event City to provide - power & distro rental package for event power Hotel for install crew/mgr $ 150 $ - local - no load-in and load-out hotel Fencing for Mural & Security $ 2,500 1 1.20 $ 3,000 763' (492') of fence w/windscreen & sandbags as per SoCal Industries Shipping & Trucking $ 1,850 1 2 $ 3,700 estimated trucking/shipping equipment Security (Host) $ 37.50 $ - provided by host
F EVENT PRODUCTION EXPENSES - ALL OPTIONS $141,085 includes items listed in 11-17 totals above only COMBINED ICE RINK & EVENT TOTAL EXPENSES:

COMBINED TOTAL D & F $567,426 combined total ice rink & event w/village MARKETING & PROMOTIONS EXPENSES:
18 Rocket Launch Marketing & Public Relations $135,138
Agency Service Fees $ 38,915 1 1.2 $ 46,698 as per proposal: strategy, PR, ads, promo/commty, social, web, acct mgmt Ad Buying Services $ 50,000 1.09 1.2 $ 65,400 advertising budget $50K plus 9% agency fee, reconciled upon completion Graphic Design Services $ 10,000 1 1.2 $ 12,000 estimated at $10K plus $125/hr, reconciled upon completion Photo/Video Shoot $ 4,200 1 1.2 $ 5,040 estimate for photo/video shoots Sponsorship Sales/Mgmt $ 5,000 1 1.2 $ 6,000 sponsorship fee plus 20% commission for all sales G MARKETING & PROMOTIONS EXPENSES - ALL OPTIONS $135,138 includes items listed in 11-17 totals above only COMBINED ICE RINK, EVENT, & MARKETING TOTAL EXPENSES:

COMBINED TOTAL F & G $702,564 combined total ice rink, event, & marketing

SEPARATE ITEM
CHRISTMAS TREE LIGHTING - PLAZA NAVIDENA (billed separately) $ 20,972 Joe Moller Services 17477 1 1.2 $ 20,972 Services as listed on 111823 CSA Tree Lighting Budget v08_24 TERMS:

Please check all requested services and include signature below. $50,000 deposit due to reserve. Remainder of 50% balance due October 1, 2023. 50% due after opening.

Name:___________________________________ Orgnanization: ________________________________ Signature: _______________________________ Date: _______________________________________ DIRECT ALL INQUIRIES TO: MAKE ALL CHECKS PAYABLE TO:

Scott Williams Seaside Ice, LLC - dba Ice-America
tel: 310-323-776-9423 Attn: Scott Williams
e-mail: [email protected] 807 Sprucelake Drive
Harbor City, CA 90710
We also accept Visa, Mastercard for an additional fee
Legal: Estimate is subject to change. Lessee is responsible for any applicable state & local taxes that may be due. *Estimated payroll hours billed at $27.50 per hour City Council 13 – 15 10/3/2023 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
October 3, 2023
TOPIC: Adopt a Resolution Declaring City-Owned Properties as Surplus Land and Exempt Surplus Land

AGENDA TITLE
Adopt a Resolution Declaring City-Owned Properties as Surplus Land and Exempt Surplus Land and Directing the City Manager or their designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land

RECOMMENDED ACTION
Adopt a resolution declaring City-owned property as surplus land and exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership accordingly.

Surplus Land:

APN Address Land
Use
Remnant
Area
Lot
Configuration
011-134-06 901 E. Chestnut Ave. R 5,977 Standard
099-224-39 5225 W. 1St St. R1 5,738 Standard
099-224-38 5221 W. 1st St. R1 5,744 Standard
008-225-23 217 S. Bristol St. R2 3,447 Standard
008-225-24 219 S. Bristol St. R2 5,616 Standard
008-231-25 223 S. Bristol St. R2 4,556 Standard
004-121-12 1307 W. 10th St. SP1 6,255 Standard
099-224-33 114 N. Euclid St. C1 5,000 SubStandard
Exempt Surplus Land:

APN Address Land Use Remnant
Area
Lot Configuration
109-121-23 2201 W. La Verne Ave. R 1,651 SubStandard
008-084-10 1102 W. 5th St. R 2,711 SubStandard
405-121-06 801 N. English St. R 3,976 SubStandard
109-092-61 1209 S Sullivan St. R 3,226 SubStandard
002-131-57 2337 N. Riverside Dr. R 2,150 SubStandard
403-121-30 1730 S. Grand Ave. R 505 SubStandard
398-381-09 414 Santa Fe R 1,731 SubStandard
013-053-33 1442 S. Baker St. R 2,810 SubStandard
013-052-27 1441 S. Baker St. R 336 SubStandard
City Council 14 – 1 10/3/2023
Adopt a Resolution Declaring City-Owned Properties as Surplus Land and Exempt Surplus Land
October 3, 2023

Page 2 ends

APN Address Land Use Remnant
Area
Lot Configuration
013-052-28 1442 S. Rosewood Ave. R 409 SubStandard
013-123-25 1434 S. Towner St. R 1,411 SubStandard
013-124-23 1435 S. Towner St. R 1,587 SubStandard
013-121-25 1435 S. Lowell St. R 1,257 SubStandard
013-124-24 1434 S. Lowell St. R 1,444 SubStandard
144-303-22 3706 W. Camille St. SP2 597 Unknown
398-236-01 621 Spurgeon R 1,369 Substandard
410-071-44 3025 Ramona Dr. R 4,025 SubStandard
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The City is the owner of substantial real property assets that were acquired for various roadway improvement projects and are remnant following capital enhancements. There are various portions of land that have remained vacant or landlocked, whose best use would be to adjoin to the adjacent property owner(s). Staff recommends that these remnant parcels be disposed of and developed to generate new property taxes to fund City services and operations (Exhibit 1).

Surplus Land:

APN Address Land Use Remnant
Area
Lot Configuration
109-121-23 2201 W. La Verne Ave. R 1,651 SubStandard
008-084-10 1102 W. 5th St. R 2,711 SubStandard
405-121-06 801 N. English St. R 3,976 SubStandard
109-092-61 1209 S Sullivan St. R 3,226 SubStandard
002-131-57 2337 N. Riverside Dr. R 2,150 SubStandard
403-121-30 1730 S. Grand Ave. R 505 SubStandard
398-381-09 414 Santa Fe R 1,731 SubStandard
013-053-33 1442 S. Baker St. R 2,810 SubStandard
013-052-27 1441 S. Baker St. R 336 SubStandard
013-052-28 1442 S. Rosewood Ave. R 409 SubStandard
City Council 14 – 2 10/3/2023
Adopt a Resolution Declaring City-Owned Properties as Surplus Land and Exempt Surplus Land
October 3, 2023

Page 3 ends

APN Address Land Use Remnant
Area
Lot Configuration
013-123-25 1434 S. Towner St. R 1,411 SubStandard
013-124-23 1435 S. Towner St. R 1,587 SubStandard
013-121-25 1435 S. Lowell St. R 1,257 SubStandard
013-124-24 1434 S. Lowell St. R 1,444 SubStandard
144-303-22 3706 W. Camille St. SP2 597 Unknown
398-236-01 621 Spurgeon R 1,369 Substandard
410-071-44 3025 Ramona Dr. R 4,025 SubStandard
Additionally, the activation of these vacant lots will promote neighborhood improvements, while reducing City liability and the growing expenses of maintaining these lots on a monthly basis.

The Surplus Land Act (SLA) requires all local agencies to prioritize affordable housing, parks, and open space when disposing of surplus land. The legislation requires that before a local agency take any action to dispose of land, the land must be declared as either surplus land or exempt surplus land, and supported by written findings. Adoption of the resolution (Exhibit 2) would declare eligible City-owned vacant properties surplus land, and other parcels as except surplus land based on qualifying categories.

Surplus Land Designation
The procedures set forth in California Government Code Section 54220 et seq. must be followed any time City-owned land is disposed. The procedures require the City to offer the sale or lease of surplus land to certain public entities for a period of 60 days, as follows:

1. For the purpose of developing low- and moderate-income housing, a written notice of availability of the surplus land shall be sent to any local public entity as defined in Health and Safety Code Section 50079 within whose jurisdiction the surplus land is located and to Housing Sponsors that have notified the California Department of Housing and Community Development (HCD) of their interest in surplus land.

Local public entities are to be notified include the City of Santa Ana Housing Authority.

2. For open-space purposes, a written notice of availability of the surplus land shall be sent to the City of Santa Ana Parks and Recreation Agency, the County of Orange OC Parks, and the State Resources Agency or any agency that may succeed to its powers.

3. For the purpose of use by a school district for school facilities construction or openspace purposes, a written notice of availability of the surplus land shall be sent to the Santa Ana Unified School District.

City Council 14 – 3 10/3/2023
Adopt a Resolution Declaring City-Owned Properties as Surplus Land and Exempt Surplus Land
October 3, 2023

Page 4 ends

If the City receives a letter of interest from any of the above entities, the City would enter into good faith negotiations concerning the price and terms of the sale with that entity for a 90 day period. If the terms cannot be agreed upon after 90 days or if no entity gives notice of interest, the City may sell the surplus land without further regard to the surplus land procedures, except that any residential development on the surplus land that contains 10 or more units must restrict 15% of the units for affordable housing. Nothing in the surplus land procedures requires the City to sell the surplus land at less than fair market value.

If the end of the 90-day negotiation period does not result in successful negotiations, the Public Works Agency will proceed with disposition via the Request for Proposal (RFP) process, consistent with previous methodology approved and utilized for disposition of properties with restricted sale of proceeds, such as using grant funds for the acquisition of land. Purchase and Sale Agreements (PSA) for the sale of referenced properties would be brought to the City Council for consideration at a future date, following all necessary evaluation periods.

In addition to designating land surplus, Staff is also categorizing exempt surplus land for all eligible substandard parcels not fit for independent development per existing use.

Notice of Exemption Determination
The land proposed to be declared as exempt is supported by the small surplus land parcels category, in which the land is less than 5,000 square feet in area; less than the minimum legal residential building lot size for the jurisdiction in which the parcel is located; and/or has no record access, is less than 10,000 square feet in area, and is not contiguous to land owned by a local agency that is used for open-space or low and moderate income housing purposes.

In alignment with Government Code 54221 subd. (f)(1)(b), Notice of Exemption determination shall be provided to the State’s Department of Housing and Community Development at least 30 days prior to disposition. Once SLA requirements are met, Staff will present a new item for consideration of disposition via Santa Ana Municipal Code Section 2-706 Sale to Owners of Adjoining Property and Section 2-709 Exceptions to transfer ownership of substandard vacant land.

FISCAL IMPACT
Costs for maintaining vacant lots are escalating, with charges for installation, rental fees, damaged material replacement fees, and emergency fencing requests. Selling remnant land will help to generate necessary project funding that will support right-of-way maintenance and security citywide.

City Council 14 – 4 10/3/2023
Adopt a Resolution Declaring City-Owned Properties as Surplus Land and Exempt Surplus Land
October 3, 2023

Page 5 ends

EXHIBIT(S)

1. Location Maps

2. Resolution Declaring Various Properties Surplus Land Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 14 – 5 10/3/2023
EXHIBIT 1
Location Maps
City Council 14 – 6 10/3/2023
Standard Parcel - 5,977
Address: 901 E Chestnut Ave
APN: 011-134-06; Zoning: R
901 E Chestnut
City Council 14 – 7 10/3/2023
Standard Parcel - 5,738
Address: 5225 W 1ST. ST
APN: 099-224-39; Zoning: R1
5225 W 1ST ST
City Council 14 – 8 10/3/2023
Standard Parcel - 5,744
Address: 5221 W 1ST. ST
APN: 099-224-38; Zoning: R1
5221 W 1ST ST
City Council 14 – 9 10/3/2023
Standard Parcel - 3,447
Address: 217 S. Bristol St.

APN: 008-225-23; Zoning: R2
217 S Bristol ST
City Council 14 – 10 10/3/2023
Standard Parcel - 5,616
Address: 219 S. Bristol St.

APN: 008-225-24; Zoning: R2
219 S Bristol ST
City Council 14 – 11 10/3/2023
Standard Parcel - 4,556
Address: 223 S. Bristol St.

APN: 008-231-25; Zoning: R2
223 S Bristol ST
City Council 14 – 12 10/3/2023
Standard Parcel - 6,225
Address: 1307 W 10th St.

APN: 004-121-12; Zoning: SP1
1307 W 10th St
City Council 14 – 13 10/3/2023
Standard Parcel - 5,000
Address: 114 N. Euclid St.

APN: 099-224-33; Zoning: C1
114 N Euclid St
City Council 14 – 14 10/3/2023
Substandard Parcel - 1,651 SF
Address: 2201 W. La Verne Ave. Santa Ana
APN: 109-121-23 ; Zoning R
2201 W. La Verne
City Council 14 – 15 10/3/2023
Substandard Parcel - 2,711
Address: 1102 W. 5th St.

APN: 008-084-10 ; Zoning: R
1102 W. 5th St.

City Council 14 – 16 10/3/2023
Substandard Parcel - 3,976
Address: 801 N. English St.

APN: 405-121-06 ; Zoning: R
801 N English
City Council 14 – 17 10/3/2023
Substandard Parcel - 3,226
Address: 1209 S. Sullivan St
APN: 109-092-61 ; Zoning: R
1209 S. Sullivan
City Council 14 – 18 10/3/2023
Substandard Parcel - 2,150
Address: 2337 N. Riverside Dr.

APN: 002-131-57 ; Zoning: R
2337 N Riverside Dr.

City Council 14 – 19 10/3/2023
Substandard Parcel - 505
Address: 1730 S. Grand Ave
APN: 403-121-30 ; Zoning: R
1730 S. Grand Ave
City Council 14 – 20 10/3/2023
Substandard Parcel - 1,731
Address: 414 Santa Fe
APN: 398-381-09 ; Zoning: R
414 Santa Fe
City Council 14 – 21 10/3/2023
Substandard Parcel - 2,810
Address: 1442 S. Baker St
APN: 013-053-33 ; Zoning: R
1442 S. Baker St
City Council 14 – 22 10/3/2023
Substandard Parcel - 336
Address: 1441 S. Baker St
APN: 013-052-27; Zoning: R
1441 S. Baker St
City Council 14 – 23 10/3/2023
Substandard Parcel - 409
Address: 1442 S. Rosewood Ave
APN: 013-052-28 ; Zoning: R
1442 S. Rosewood Ave
City Council 14 – 24 10/3/2023
Substandard Parcel - 1,411
Address: 1434 S. Towner St
APN: 013-123-25; Zoning: R
1434 S .Towner
City Council 14 – 25 10/3/2023
Substandard Parcel - 1,584
Address: 1435 S. Towner St
APN: 013-124-23; Zoning: R
1435 S .Towner
City Council 14 – 26 10/3/2023
Substandard Parcel - 1,257
Address: 1435 S. Lowell St
APN: 013-121-25; Zoning: R
1435 S .Lowell
City Council 14 – 27 10/3/2023
Substandard Parcel - 1,444
Address: 1434 S. Lowell St
APN: 013-124-24; Zoning: R
1434 S .Lowell
City Council 14 – 28 10/3/2023
Substandard Parcel - 8,763 SF
Address: 3706 W. Camille St. Santa Ana
APN: 144-303-04 ; Zoning: SP2
3706 W. Camille
City Council 14 – 29 10/3/2023
Substandard Parcel - 1,369 SF
Address: 621 Spurgeon
APN: 398-236-01 ; Zoning: R
621 Spurgeon
City Council 14 – 30 10/3/2023
Substandard Parcel - 4,025
Address: 3025 Ramona Dr.

APN: 410-071-44; Zoning: R
3025 Ramona
City Council 14 – 31 10/3/2023
Resolution No. 2023-XXX

Page 1 of 3 ends

RESOLUTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA DECLARING VARIOUS PROPERTIES AS

SURPLUS LAND AND EXEMPT SURPLUS LAND AND

DIRECTING THE CITY MANAGER TO FOLLOW THE

PROCEDURES SET FORTH IN THE SURPLUS LAND ACT,
CALIFORNIA GOVERNMENT CODE SECTION 54220, ET
SEQ., AS AMENDED, FOR THEIR DISPOSITION

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows:

A. The City of Santa Ana (the “City”) is the owner of substantial real property assets that have been acquired for various roadway improvement projects now completed, as described on Exhibit A (collectively referred to as the “Properties”).

B. The Properties are leftover parcels from full parcel acquisitions that were made following the City’s environmental analysis that the project impacts could not be adequately mitigated if only partial acquisitions were made.

C. The Properties remain vacant.

D. The City’s Public Works Agency has ongoing fencing and cleanup costs associated with maintenance and security of the Properties.

E. There are frequent calls from the public inquiring about site maintenance, clean-up, vacant status, and/or expressing support for development of the Properties.

F. Proceeds from the sale of the Properties will benefit the Bristol Corridor or other Right-of-Way projects, and the property tax generated may provide funding to enhance City services. Future development of the Properties would also eliminate blight and promote neighborhood liability and sustainability.

City Council 14 – 32 10/3/2023
Resolution No. 2023-XXX

Page 2 of 3 ends

G. The Properties have become surplus within the meaning of the California Surplus Land Act (“SLA”), Government Code section 54220 et seq., as amended, and are not necessary for the City’s use.

H. A portion of the Properties are “exempt” under the SLA, as further identified in Exhibit A. Exempt Properties may be declared “exempt surplus land” and must be supported by written findings before a local agency may take any action to dispose of the Properties consistent with statutory requirements, SLA guidelines, and/or a local agency’s policies or procedures.

I. The exempt Properties, as identified in Exhibit A, qualify under Government Code section 54221(f)(1)(B). Specifically, the exempt Properties are less than 5,000 square feet and are not contiguous to land owned by a state or local agency that is being used for open-space or low-and moderate-income housing purposes.

J. The exempt Properties shall be sold to a contiguous land owner of each of the respective Properties, otherwise the Property shall not be considered “exempt” and it will be subject to all requirements under the SLA.

K. The City is determining that those Properties identified in Exhibit A as “Exempt Surplus Land” are, in fact, exempt under the SLA and City will notify the Department of Housing and Community Development no less than thirty (30) days prior to the disposing of any exempt surplus land.

Section 2. The City Council hereby finds and declares that the Properties are no longer necessary for the City’s use and are therefore surplus land and/or exempt surplus land, as the terms are defined in California Government Code section 54221, et seq., as amended, based on the true and correct written findings found in Section 1, incorporated herein by this reference.

Section 3. The City Council hereby authorizes the City Manager to send written notices of availability of the Properties as described in California Government Code section 54222, to negotiate the terms of any proposed sale of the Properties with an interested public entity or, if none, another interested party, and to otherwise follow the procedures of the Surplus Land Act, California Government Code section 54220, et seq., as amended, with respect to the disposition of the Properties.

Section 4. Any proposed agreements for the sale of the Properties shall be subject to the approval of the City Council.

City Council 14 – 33 10/3/2023
Resolution No. 2023-XXX

Page 3 of 3 ends

Section 5. Sales of the Properties as surplus are exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). However, if development was proposed on the Properties by a subsequent buyer, then that development would be reviewed under CEQA.

Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.

ADOPTED this ______ day of ______________, 2023
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:________________________
Jonathan T. Martinez
Assistant City Attorney
AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________.

Date: ________________ ____________________________________ City Clerk
City Council 14 – 34 10/3/2023
EXHIBIT A: City-Owned Vacant Land and SLA Designation
Surplus Land:
# APN Address Land Use Remnant
Area
Lot Configuration SLA Status
1 011-134-06 901 E. Chestnut Ave. R 5,977 Standard SLA Process 2 099-224-39 5225 W. 1St St. R1 5,738 Standard SLA Process 3 099-224-38 5221 W. 1st St. R1 5,744 Standard SLA Process 4 008-225-23 217 S. Bristol St. R2 3,447 Standard SLA Process 5 008-225-24 219 S. Bristol St. R2 5,616 Standard SLA Process 6 008-231-25 223 S. Bristol St. R2 4,556 Standard SLA Process 7 004-121-12 1307 W. 10th St. SP1 6,255 Standard SLA Process 8 099-224-33 114 N. Euclid St. C1 5,000 SubStandard SLA Process Exempt Surplus Land:
# APN Address Land Use Remnant
Area
Lot Configuration SLA Status
1 109-121-23 2201 W. La Verne Ave. R 1,651 SubStandard Exempt 2 008-084-10 1102 W. 5th St. R 2,711 SubStandard Exempt 3 405-121-06 801 N. English St. R 3,976 SubStandard Exempt 4 109-092-61 1209 S Sullivan St. R 3,226 SubStandard Exempt 5 002-131-57 2337 N. Riverside Dr. R 2,150 SubStandard Exempt 6 403-121-30 1730 S. Grand Ave. R 505 SubStandard Exempt 7 398-381-09 414 Santa Fe R 1,731 SubStandard Exempt
8 013-053-33 1442 S. Baker St. R 2,810 SubStandard Exempt 9 013-052-27 1441 S. Baker St. R 336 SubStandard Exempt 10 013-052-28 1442 S. Rosewood Ave. R 409 SubStandard Exempt 11 013-123-25 1434 S. Towner St. R 1,411 SubStandard Exempt 12 013-124-23 1435 S. Towner St. R 1,587 SubStandard Exempt 13 013-121-25 1435 S. Lowell St. R 1,257 SubStandard Exempt 14 013-124-24 1434 S. Lowell St. R 1,444 SubStandard Exempt 15 144-303-22 3706 W. Camille St. SP2 597 Unknown Exempt 16 398-236-01 621 Spurgeon R 1,369 Substandard Exempt
17 410-071-44 3025 Ramona Dr. R 4,025 SubStandard Exempt City Council 14 – 35 10/3/2023
Police Department
www.santa-ana.org/police
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 3, 2023
TOPIC: Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code

AGENDA TITLE
Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code Prohibiting Spectators at Illegal Speed Contests and Reckless Driving Exhibitions

RECOMMENDED ACTION
Approve first reading of an ordinance to prohibit spectators who knowingly attend or assist with illegal speed contests and reckless driving exhibitions. If approved, Article XV, sections 36-706 through 36-710 entitled “Street Racing and Reckless Driving Exhibitions Prohibited” will be added to the Santa Ana Municipal Code.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
As a result of the serious public safety threat street racing and reckless driving exhibitions (commonly referred to as intersection/street takeovers or “sideshows”) pose to other drivers, residents, and visitors, the Santa Ana Police Department (“SAPD”), in partnership with the Public Works Agency, developed a comprehensive program to deter street racing and reckless driving exhibitions in the City.

The program, dubbed S.T.E.A.R.R.D (Strategic Traffic Enforcement Against Racing and Reckless Driving), is a three-pronged approach to address the racing and reckless driving problem in the City. The three prongs of the program are Enforcement, Engineering, and Education.

The Public Works Agency (PWA) has been actively involved in S.T.E.A.R.R.D's Engineering component. Public Works has strategically re-phased specific traffic lights to "Rest in Red" along major arterial roadways throughout the City. The re-phasing deters street races by presenting a traffic signal resting in red rather than green. PWA is also evaluating roadway designs and speed limits where street racing and reckless driving City Council 15 – 1 10/3/2023
Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code October 3, 2023

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Santa Ana City CouncilOctober 3, 2023

Santa Ana City Council
October 3, 2023