Cities Index.
Agenda packet

Santa Ana City Council
October 3, 2023

Document
Agenda packet
Meeting
October 3, 2023
Body
Santa Ana City Council
Pages
43
Original file
320.5 MB
Text extracted from the city's file for reading and search. Open the original on santa-ana.primegov.com. That file is the official record.

City Council Meeting Packet
October 3, 2023
CLOSED SESSION MEETING – 4:00 PM
REGULAR OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Councilmember – Ward 1
Benjamin Vazquez
Councilmember ­ Ward 2
Jessie Lopez
Mayor Pro Tem ­ Ward 3
Phil Bacerra
Councilmember ­ Ward 4
Johnathan Ryan Hernandez
Councilmember ­ Ward 5
David Penaloza
Councilmember ­ Ward 6
Mayor and Council telephone: 714­647­6900
Agenda item inquiries: 714­647­6520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Jennifer L. Hall
City Clerk
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647­5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santa­ana.org/city­meetings.

CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:

Vision ­ The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • EihdddiltQlitti
City Council 1 10/3/2023
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647­5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santa­ana.org/city­meetings.

CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:

Vision ­ The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission ­ To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.

Guiding Principles ­ Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct ­ At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting in­person or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.

PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways:

MAILING OPTION written communications – Public comments may be mailed to:

Office of the City Clerk, 20 Civic Center Plaza M­30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

SENDING E­MAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santa­ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900­9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’sphonenumberorZoomIDandunmutesthemthecallermustpress*6or City Council 2 10/3/2023
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voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting in­person or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.

PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways:

MAILING OPTION written communications – Public comments may be mailed to:

Office of the City Clerk, 20 Civic Center Plaza M­30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

SENDING E­MAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santa­ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900­9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.

IN­PERSON OPTION ­ Members of the public can provide in­person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in­person. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 4:00 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.

The following designated public comment periods are:

1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or IN­PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:00 p.m.

Speakers who are not in the speaker queue by 4:00 p.m. will not be permitted to speak. 2LIVEPUBLICCOMMENTSONREGULARAGENDAITEMSANDNONAGENDA
City Council 3 10/3/2023
The following designated public comment periods are:

1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or IN­PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:00 p.m.

Speakers who are not in the speaker queue by 4:00 p.m. will not be permitted to speak.

2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON­AGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN­PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue by 5:45 p.m. will not be permitted to speak.

3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN­PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.

TRANSLATION SERVICES ­ Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish­to­English) in addition to those wishing to address the City Council at the podium.

La ciudad provee servicios de interpretación al español en las juntas del Concilio.

La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al concilio municipal en el podio.

About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Councilmembers Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor  Pro Tem Jessie Lopez
Mayor Valerie Amezcua
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
City Council 4 10/3/2023
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Councilmembers Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor  Pro Tem Jessie Lopez
Mayor Valerie Amezcua
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.

CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the Government Code:

Santa Ana Police Officers Association v. City of Santa Ana, Public Employment Relations Board Case No. LA­CE­1658­M

2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):

Agency Negotiator:     Jason Motsick, Human Resources Executive Director Employee Organization:

Santa Ana Police Officers Association (POA)

3. CONFERENCE WITH LEGAL COUNSEL­ EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

Margarita Jimenez v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30­2021­01222252­CU­PA­NJC

4. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2):

One (1) matter [personnel claim]
City Council 5 10/3/2023

3. CONFERENCE WITH LEGAL COUNSEL­ EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

Margarita Jimenez v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30­2021­01222252­CU­PA­NJC

4. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9(d)(2):

One (1) matter [personnel claim]
RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Councilmembers Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor  Pro Tem Jessie Lopez
Mayor Valerie Amezcua
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Pastor Tommy Cota, Hope Alive Church ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS

1. Certificates of Recognition presented by Mayor Amezcua to Abound Food Care for Outstanding Contributions to the Community.

2. Certificate presented by Mayor Pro Tem Lopez to Sofia Wolff for Exceptional Athletic Performance and for qualifying to represent the United States at the Figures World Cup in 2023.

3. Proclamation presented by Councilmember Bacerra to Orange County Fire Authority declaring October 8­14, 2023 as Fire Prevention Week.

4. Proclamation presented by Councilmember Phan to Ben Chu declaring September 29, 2023 as Mid­Autumn Festival Day.

STAFF PRESENTATIONS
5HomelessnessUpdate
City Council 6 10/3/2023
One (1) matter [personnel claim]
RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Councilmembers Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Mayor  Pro Tem Jessie Lopez
Mayor Valerie Amezcua
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Pastor Tommy Cota, Hope Alive Church ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS

1. Certificates of Recognition presented by Mayor Amezcua to Abound Food Care for Outstanding Contributions to the Community.

2. Certificate presented by Mayor Pro Tem Lopez to Sofia Wolff for Exceptional Athletic Performance and for qualifying to represent the United States at the Figures World Cup in 2023.

3. Proclamation presented by Councilmember Bacerra to Orange County Fire Authority declaring October 8­14, 2023 as Fire Prevention Week.

4. Proclamation presented by Councilmember Phan to Ben Chu declaring September 29, 2023 as Mid­Autumn Festival Day.

STAFF PRESENTATIONS

5. Homelessness Update
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

PUBLICCOMMENT–Publiccommentswillbeheldduringthebeginningofthemeetingfor City Council 7 10/3/2023
STAFF PRESENTATIONS

5. Homelessness Update
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and non­agenda items, with the exception of public hearings.

Comments for public hearings will take place after the hearing is opened.

CONSENT CALENDAR
RECOMMENDED ACTION:  Approve staff recommendations on the following Consent Calendar Items: 6 through 14 and waive reading of all resolutions and ordinances.

6. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.

7. Public Intoxication and Substance Abuse Enforcement ­ Monthly Report Department(s): Police Department
Recommended Action: Receive and file.

8. Award Purchase Orders to Guaranty Chevrolet Motors, Inc. and Penske Chevrolet of Cerritos for Two Chevrolet Trucks in an Aggregate Amount Not to Exceed $212,899 (Specification No. 23­146) (General Fund and Non­General Fund) Department(s): Public Works Agency
Recommended Action:

1. Authorize a one­time purchase and payment of purchase order to Guaranty Chevrolet Motors, Inc. for one Chevrolet 2500HD Truck in the amount of $92,377, plus a contingency amount of $10,000, for a total amount not to exceed $102,377, subject to non­substantive changes approved by the City Manager and City Attorney.

2. Authorize a one­time purchase and payment of purchase order to Penske Chevrolet of Cerritos for one Chevrolet 2500HD Utility Service Body Truck in the amount of $100,522, plus a contingency amount of $10,000, for a total amount not to exceed $110,522, subject to non­substantive changes approved by the City Manager and City Attorney.

9. Approve Second Amendment with Bucknam Infrastructure Group, Inc. to Extend the Agreement Term and Increase the Total Agreement Amount by $100,000 for Pavement Management Program and Geographic Information System Professional Services (Non­General Fund) (Project 24­6898)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with Bucknam Infrastructure Group, Inc. to extend the agreement term tiOtb182024dithttltib$100000bjt
City Council 8 10/3/2023

9. Approve Second Amendment with Bucknam Infrastructure Group, Inc. to Extend the Agreement Term and Increase the Total Agreement Amount by $100,000 for Pavement Management Program and Geographic Information System Professional Services (Non­General Fund) (Project 24­6898)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with Bucknam Infrastructure Group, Inc. to extend the agreement term to expire October 18, 2024, and increase the total compensation by $100,000, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­XXX).

10. Approve Agreements with AKM Consulting Engineers, Anser Advisory Management, LLC., Ardurra Group, Inc., Cannon, and Willdan Engineering for On­Call Construction Management and Inspection Services in an Aggregate Amount Not to Exceed $3,000,000, for up to a Five­Year Term
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with AKM Consulting Engineers, Anser Advisory Management, LLC., Ardurra Group, Inc., Cannon, and Willdan Engineering to provide on­call construction management and inspection services for a shared aggregate amount not to exceed $3,000,000, for a three­year term beginning October 3, 2023 and expiring on October 2, 2026, with the provision for one two­year extension, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­XXX).

11. 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 (Non­General Fund)
Department(s): Public Works Agency
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 non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­XXX).

12. Approve a Three­Year Agreement with the Garden Grove Unified School District for School Resource Officer Services in the Amount of $630,657 Payable to the City Department(s): Police Department
Recommended Action: Authorize the City Manager to execute a three­year 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 nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2023­XXX).

13. Agreement with Seaside Ice, LLC, dba Ice­America, for a Seasonal Ice Rink and Related Services (General Fund)
Department(s): Parks, Recreation, and Community Services City Council 9 10/3/2023
(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 nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2023­XXX).

13. Agreement with Seaside Ice, LLC, dba Ice­America, for a Seasonal Ice Rink and Related Services (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Seaside Ice, LLC, dba Ice­ America, 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 nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2023­XXX).

14. Adopt a Resolution Declaring City­Owned 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
Department(s): Public Works Agency
Recommended Action: Adopt a resolution declaring City­owned 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
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
City Council 10 10/3/2023
013‐052‐27 1441 S. Baker St. R 336 SubStandard
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
RESOLUTION NO. 2023­XXX    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
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR

15. Ordinance Adding Article XV, Sections 36­706 through 36­710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code Prohibiting Spectators at Illegal Speed Contests and Reckless Driving Exhibitions
Department(s): Police Department
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 36­706 through 36­710 entitled “Street Racing and Reckless Driving Exhibitions Prohibited” will be added to the Santa Ana Municipal Code.

ORDINANCE NO. 2023­ XXXX   AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING A NEW ARTICLE XV TO CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT SPECTATORS AT A STREET RACE OR RECKLESS DRIVING EXHIBITION (includes determination that this ordinance is not subject to the California Environmental Quality Act under California Code of Regulations, Title 14, Section 15060, subdivision (c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment nor under subdivision (c)(3) because the activity has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project)

16. Consider Options Presented Regarding Whether to Affirm the City Council’s Adoption of the Rent Stabilization and Just Cause Eviction Ordinance and/or Whether to Amend the Rent Stabilization and Just Cause Eviction Ordinance to Require TwoThirds Approval of all of the Members of the Santa Ana City Council to Amend the Ordinance in the Future
Department(s): City Attorney Office
Recommended Action: Consider the options described below and, at a minimum, tOtiTbifitdifthditffiiCil
City Council 11 10/3/2023

16. Consider Options Presented Regarding Whether to Affirm the City Council’s Adoption of the Rent Stabilization and Just Cause Eviction Ordinance and/or Whether to Amend the Rent Stabilization and Just Cause Eviction Ordinance to Require TwoThirds Approval of all of the Members of the Santa Ana City Council to Amend the Ordinance in the Future
Department(s): City Attorney Office
Recommended Action: Consider the options described below and, at a minimum, act on Option Two by approving first reading of the ordinance to affirm prior Council adoption and consider approving first reading of an ordinance requiring two­thirds approval of all members of the Council to amend certain provisions of the ordinance in the future (Option Three); and also consider taking action to present a ballot measure to the voters to adopt a version of the current ordinance (Option Four) or an ordinance requiring two­thirds approval to amend certain provisions in the future (Option Five) with associated election details.

1. Take no action;
OR

2. Affirm prior Council action by approving the First Reading of an Ordinance Affirming the Santa Ana City Council’s Adoption of Ordinance No. NS­3027 Entitled An Ordinance of the City Council of the City of Santa Ana Amending Article X of Chapter 8 of the Santa Ana Municipal Code and Creating a New Article XIX in Chapter 8 of the Santa Ana Municipal Code Pertaining to the Rent Stabilization and Just Cause Eviction Ordinances
ORDINANCE NO. NS­XXXX     AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING ADOPTION OF ORDINANCE NO. NS­3027 AMENDING ARTICLE X OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE AND CREATING A NEW ARTICLE XIX IN CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a “project” as defined in section 15378 of the State CEQA Guidelines); OR

3. Approve the First Reading of an Ordinance Amending Article X of Chapter 8 of the Santa Ana Municipal Code Pertaining to the Rent Stabilization and Just Cause Eviction Ordinances to Require Two­Thirds Approval by All of the Members of the City Council for Certain Future Amendments
ORDINANCE NO. NS­XXXX     AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XIX OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES TO REQUIRE TWO­THIRDS APPROVAL  BY ALL MEMBERS OF THE CITY COUNCIL FOR CERTAIN FUTURE AMENDMENTS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a “project” as defined in section 15378 of the State CEQA Guidelines); AND/OR

4. Approve a Resolution of the City Council of the City of Santa Ana Giving Notice of a General Municipal Election of November 5, 2024 for the Submission of a Ballot Measure to the Qualified Voters to Affirm the Santa Ana City Council’s Adoption of a City Council 12 10/3/2023
(cudesdeteatotattsOdacesotsubjecttoteCaoa
Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a “project” as defined in section 15378 of the State CEQA Guidelines); AND/OR

4. Approve a Resolution of the City Council of the City of Santa Ana Giving Notice of a General Municipal Election of November 5, 2024 for the Submission of a Ballot Measure to the Qualified Voters to Affirm the Santa Ana City Council’s Adoption of a Rent Stabilization and Just Cause Eviction Ordinance and Providing for the Filing of Argument and Rebuttal Statement (This is a ballot measure for voter approval of the Option 2 version of the ordinance)
RESOLUTION NO. 2023­XXX     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS AFFIRMING THE SANTA ANA CITY COUNCIL’S ADOPTION OF A RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE, REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION, AND PROVIDING FOR THE FILING OF ARGUMENT AND REBUTTAL STATEMENTS
(includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a “project” as defined in section 15378 of the State CEQA Guidelines); AND/OR

5. Approve a Resolution of the City Council of the City of Santa Ana Giving Notice of a General Municipal Election of November 5, 2024 for the Submission of a Ballot Measure to the Qualified Voters to Amend the Rent Stabilization and Just Cause Eviction Ordinance to require Two­Thirds Approval by All the Members of the City Council for Certain Future Amendments and Providing for the Filing of Argument and Rebuttal Statements (This is a ballot measure for voter approval of the Option 3 version of the ordinance requiring two­thirds voter approval) RESOLUTION NO. 2023­XXX     A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS AMENDING THE CITY’S RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE TO REQUIRE TWO­THIRDS APPROVAL BY ALL OF THE MEMBERS OF THE CITY COUNCIL FOR AMENDMENT OF CERTAIN PROVISIONS OF THE ORDINANCE, REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION, AND PROVIDING FOR THE FILING OF ARGUMENT AND REBUTTAL
STATEMENTS (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not have a direct or reasonably foreseeable indirect physical change in the environment as it is not a “project” as defined in section 15378 of the State CEQA Guidelines) **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLICCOMMENTSMbfthbliddthCitCilhfth
City Council 13 10/3/2023
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“project” as defined in section 15378 of the State CEQA Guidelines) **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

17. Appeal Application No. 2023­06 Appealing the Decision of the Planning Commission to Deny Modification to Conditional Use Permit (CUP) No. 2019­41 and CUP No. 2023­03 for a New Service Station at 2230 N. Tustin Avenue Legal Notice published in the Orange County Report  on September 22, 2023 and said notice mailed on September 21, 2023.

Department(s): Planning and Building Agency
Recommended Action: After conducting its public hearing on the item, the City Council may take one of the following three actions:

1.  Adopt a resolution denying Appeal Application No. 2023­06 and upholding the determination of the Planning Commission to deny modification to Conditional Use Permit No. 2019­41 and Conditional Use Permit No. 2023­03.

RESOLUTION NO. 2023­XXX   A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2023­06 AND
UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO DENY A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019­41 TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND TO DENY CONDITIONAL USE PERMIT NO. 2023­03 FOR A LAND USE THAT
REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K­12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE
OR

2.  Adopt a resolution approving Appeal Application No. 2023­06 overturning the determination of the Planning Commission, thereby approving modification to Conditional Use Permit No. 2019­41 and Conditional Use Permit No. 2023­03 as conditioned.

RESOLUTION NO. 2023­XXX   A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2023­06, THEREBY OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION AND APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019­41 TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND APPROVING CONDITIONAL USE PERMIT NO. 2023­03 FOR A LAND USE THAT REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO
HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS,
MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K­12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE (includes determination that this project is exempt from further review pursuant to the California City Council 14 10/3/2023

OGOCOOCOOUSO
2019­41 TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND APPROVING CONDITIONAL USE PERMIT NO. 2023­03 FOR A LAND USE THAT REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO
HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS,
MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K­12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE (includes determination that this project is exempt from further review pursuant to the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines (Class 3 – New Construction or Conversion of Small Structures) as Notice of Exemption, Environmental Review No. 2017­83, will be filed for this project)
OR

3.  Adopt a resolution approving Appeal Application No. 2023­06 overturning the determination of the Planning Commission, thereby approving Conditional Use Permit No. 2019­41 and Conditional Use Permit No. 2023­03 with modified conditions of approval.

RESOLUTION NO. 2023­XXX   A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2023­06, THEREBY OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION AND APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019­41 TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND APPROVING CONDITIONAL USE PERMIT NO. 2023­03 FOR A LAND USE THAT REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO
HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS,
MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC PARK, SCHOOL (K­12), OR RESIDENTIAL ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN AVENUE (includes determination that this project is exempt from further review pursuant to the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines (Class 3 – New Construction or Conversion of Small Structures) as Notice of Exemption, Environmental Review No. 2017­83, will be filed for this project)

18. Appeal Application Nos. 2023­02 and 2023­03, appealing the decision of the Planning Commission to approve Site Plan Review (SPR) No. 2023­01 and Tentative Tract Map (TTM) No. 2023­03 (County Map No. 19243) to facilitate the construction of a mixed­use development known as Cabrillo Town Center at 1901 and 1971 East Fourth Street and 515 and 525 North Cabrillo Park Drive (collectively 1901 East Fourth Street)
Legal notice published in the Orange County Reporter on September 22, 2023 and said notice mailed on September 21, 2023.

Department(s): Planning and Building Agency
Recommended Action: Adopt a resolution denying Appeal Application Nos. 2023­ 02 and 2023­03 and upholding the Planning Commission’s approval of two resolutions to approve Site Plan Review (SPR) No. 2023­01 and Tentative Tract Map (TTM) No. 2023­03 (County Map No. 19243) to facilitate the construction of a mixeduse development known as Cabrillo Town Center at 1901 and 1971 East Fourth Street and 515 and 525 North Cabrillo Park Drive (collectively 1901 East Fourth Street)
City Council 15 10/3/2023
p
Department(s): Planning and Building Agency
Recommended Action: Adopt a resolution denying Appeal Application Nos. 2023­ 02 and 2023­03 and upholding the Planning Commission’s approval of two resolutions to approve Site Plan Review (SPR) No. 2023­01 and Tentative Tract Map (TTM) No. 2023­03 (County Map No. 19243) to facilitate the construction of a mixeduse development known as Cabrillo Town Center at 1901 and 1971 East Fourth Street and 515 and 525 North Cabrillo Park Drive (collectively 1901 East Fourth Street).

RESOLUTION NO. 2023­XXX   A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NOS. 2023­02 AND 2023­ 03 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO APPROVE SITE PLAN REVIEW (SPR) NO. 2023­01 AND TENTATIVE TRACT MAP (TTM) NO. 2023­03 (COUNTY MAP NO. 19243) TO FACILITATE THE CONSTRUCTION OF A MIXED­USE DEVELOPMENT KNOWN AS CABRILLO TOWN CENTER AT 1901 AND 1971 EAST FOURTH STREET AND 515 AND 525 NORTH CABRILLO PARK DRIVE, COLLECTIVELY 1901 EAST FOURTH STREET (APNS: 400­051­02; 400­051­ 09; 400­051­14; AND 400­051­15) (includes determination that in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Project is within the scope of the 2007 Metro East Mixed­Use Overlay Zone Environmental Impact Report (EIR) and 2018 Subsequent EIR (SEIR (SCH No. 2006031041)).

CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.

1. September 20­22, 2023 Councilmember Phan – League of California Cities Annual Conference in Sacramento, CA.

2. September 20­22, 2023 Councilmember Bacerra – League of California Cities Annual Conference in Sacramento, CA.

3. September 21­22, 2023 Councilmember Penaloza – League of California Cities Annual Conference in Sacramento, CA
ADJOURNMENT – Adjourn the City Council meeting.

Future Items

1.  Sanitation Fee Cost of Service Study and Prop. 218 Process Authorization

2.  Potential Ballot Measure Regarding Non­Citizen Voting POSTING STATEMENT: On September 26, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701.

Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santa­ana.org/city­meetings.

City Council 16 10/3/2023

1.  Sanitation Fee Cost of Service Study and Prop. 218 Process Authorization

2.  Potential Ballot Measure Regarding Non­Citizen Voting POSTING STATEMENT: On September 26, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701.

Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santa­ana.org/city­meetings.

City Council 17 10/3/2023
Police Department
www.santa-ana.org/police
Item # 7
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 3, 2023
TOPIC: Public Intoxication and Substance Abuse Enforcement

AGENDA TITLE
Public Intoxication and Substance Abuse Enforcement - Monthly Report

RECOMMENDED ACTION
Receive and file.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
On August 15, 2023, the Santa Ana Police Department began the Public Intoxication Enforcement Initiative, consisting of two parts: 1) direction to Field Operations Bureau officers to take enforcement action when they encounter persons who are intoxicated in public (drugs and/or alcohol); and 2) staff overtime shifts for directed enforcement of public intoxication across the city.

As an educational and preventative measure, arrestees, upon release from jail, are given materials from City Net and OC Health, which provide outreach and services related to homelessness, mental health, and substance abuse.

From August 15, 2023 to September 15, 2023, staff reports the following:
• 56 shifts have been fielded on overtime for the Public Intoxication Initiative • 374 hours of overtime
• 303 contacts
• 206 arrests
➢ 64 arrestees booked at the Santa Ana Jail
➢ 84 arrestees cited and released in the field on misdemeanor charges ➢ 58 arrestees cited and released in the field on infractions • 4 subjects transported for medical treatment
• 2 subjects accepted a referral to a shelter
During this 30-day period, staff estimates the enforcement efforts cost $38,000.

City Council 7 – 1 10/3/2023
Public Intoxication and Substance Abuse Enforcement –Monthly Report October 3, 2023

Page 2 ends

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

Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
City Council 7 – 2 10/3/2023
Public Intoxication and Substance Abuse Enforcement –Monthly Report October 3, 2023

Page 3 ends

EXHIBIT(S)
N/A
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
City Council 7 – 3 10/3/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 8
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 3, 2023
TOPIC: Purchase of Two Chevrolet Trucks for Public Works Agency

AGENDA TITLE
Award Purchase Orders to Guaranty Chevrolet Motors, Inc. and Penske Chevrolet of Cerritos for Two Chevrolet Trucks in an Aggregate Amount Not to Exceed $212,899 (Specification No. 23-146) (General Fund and Non-General Fund)

RECOMMENDED ACTION

1. Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors, Inc. for one Chevrolet 2500HD Truck in the amount of $92,377, plus a contingency amount of $10,000, for a total amount not to exceed $102,377, subject to non-substantive changes approved by the City Manager and City Attorney.

2. Authorize a one-time purchase and payment of purchase order to Penske Chevrolet of Cerritos for one Chevrolet 2500HD Utility Service Body Truck in the amount of $100,522, plus a contingency amount of $10,000, for a total amount not to exceed $110,522, subject to non-substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Public Works Agency’s Parks, Fleet, and Facilities Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Fleet Services section also assists in facilitating the acquisition and replacement of city vehicles and equipment that have surpassed its useful lifecycle.

The Parks Maintenance team provides landscape maintenance services throughout City parks and facilities. Park Services Inspectors and General Maintenance Workers are tasked to identify infrastructure and irrigation system needs and coordinate with appropriate external agencies and contractors. The vehicle requested is to replace Park Maintenance’s aging fleet that have surpassed its useful lifecycle.

City Council 8 – 1 10/3/2023
Purchase of Two Chevrolet Trucks for Public Works Agency October 3, 2023

Page 2 ends

The Public Works Agency’s Water Resources Division oversees and maintains the daily operations of the City of Santa Ana’s water and sanitary sewer system. The Water Resources Division is requesting a new service truck to replace an aging vehicle utilized daily by Water Meter Services. The existing vehicle is approaching the end of its useful lifecycle. Replacing this vehicle with a more reliable and efficient vehicle is essential to ensure the continued delivery of high-quality water and sewer services to the residents.

Santa Ana Ordinance No. NS-2312 authorizes the City to utilize purchase contracts for any public agency utilizing a competitive bid process. On April 5, 2023 an Invitation for Bids (IFB) No. 23-055A was advertised on the City’s online bid management and publication system. A summary of IFB vendor participation and results is as follows:
303 Vendors notified
1 Santa Ana vendors notified
13 Vendors downloaded the bid packet
4 Bids received
1 Bids received from Santa Ana vendors
Bids were solicited, opened on May 2, 2023, and evaluated. The bids submitted by Guaranty Chevrolet Motors, Inc. and Penske Chevrolet of Cerritos were determined to be the lowest, responsible bids, were responsive to the specifications, and meet the City’s requirements.

On June 6, 2023, contracts were awarded to Guaranty Chevrolet Motors, Inc. and Penske Chevrolet of Cerritos for the purchase for Trucks and SUVs. The vendors have agreed to extend the pricing offered on IFB No. 23-055A until October 3, 2023. Therefore, this purchase is in accordance with the City’s existing Purchasing Guidelines.

FISCAL IMPACT
Funds are budgeted and made available in the FY 2023-24 following accounts:

Fiscal
Year
Accounting
Unit-Account
#
Fund
Description
Accounting Unit,
Account Description
Amount
FY 23-24 01117651-
66400 General Fund
Park Maintenance
Service Enhancement,
Machinery & Equipment
$102,377
FY 23-24 07017100-
66400
Equipment
Replacement
Park Maintenance
Service Enhancement,
Machinery & Equipment
$110,522
TOTAL $212,899
City Council 8 – 2 10/3/2023
Purchase of Two Chevrolet Trucks for Public Works Agency October 3, 2023

Page 3 ends

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 8 – 3 10/3/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 3, 2023
TOPIC: Amend Agreement for On-Call Pavement Management Program and Geographic Information Systems Professional Services

AGENDA TITLE
Approve Second Amendment with Bucknam Infrastructure Group, Inc. to Extend the Agreement Term and Increase the Total Agreement Amount by $100,000 for Pavement Management Program and Geographic Information System Professional Services (NonGeneral Fund) (Project 24-6898)

RECOMMENDED ACTION
Authorize the City Manager to execute a second amendment to the agreement with Bucknam Infrastructure Group, Inc. to extend the agreement term to expire October 18, 2024, and increase the total compensation by $100,000, subject to non-substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The City’s Public Works Agency (PWA) is responsible for the maintenance, rehabilitation and reconstruction of over 400 miles of streets. The Pavement Management Program (PMP) is an essential tool in determining the condition, expected life, recommended improvements, and associated costs of the City’s pavement assets.

This program enables the City to prioritize pavement rehabilitation projects where they are most cost effective. In addition, an updated PMP is required for the City to remain eligible for Orange County Transportation Authority (OCTA) Measure M2 funding programs and to qualify for a reduced local match requirement for using those funds.

On October 18, 2021, at the conclusion of a request for proposal process, City Council approved the award of a contract to Bucknam Infrastructure Group, Inc. to perform services necessary to update the City’s PMP and assure the City maintains maximum funding eligibility. The Public Works Agency is requesting an amendment to the agreement to increase compensation to perform additional related smart technology City Council 9 – 1 10/3/2023
Amend Agreement for On-Call Pavement Management Program and Geographic Information Systems Professional Services
October 3, 2023

Page 2 ends

services. These services will include Geographic Information Systems (GIS) mapping and database updates, the implementation of a new PMP web-portal that provides robust and instantaneous information for PWA engineers to make better street repair recommendations, and the integration of a cloud-based artificial intelligence tool that will ensure that all street segmentation is up to date and that quantities are verified, accurate, and reliable. Using this technology, necessary quality control measurements can be implemented and the City’s PMP street database can be more effectively maintained over time.

Approval of the Recommended Action will allow PWA to refine and substantiate the City’s street GIS data, necessary Pavement Management Program data, and support required reporting, as well as citywide mapping, forecasting, and other data analysis and public requests.

FISCAL IMPACT
Funding for the requested increase amount of $100,000 is budgeted and available in the approved Fiscal Year 2023-24 Capital Improvement Program (Project #24-6898), from the Measure M2 Local Fair Share Program (Account No.03217662-66220), for estimated expenditure below. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2024-25.

Fiscal
Year
Accounting
Unit –
Account #
Fund
Description
Accounting Unit,
Account Description Amount
2023-24 03217662-
66220
Measure MStreet
Construction
Measure M2 Local
Fairshare St -
Improvements Other
than Buildings
$100,000
TOTAL $100,000

EXHIBIT(S)

1. Second Amendment with Bucknam Infrastructure Group, Inc.

Submitted By: Nabil Saba, P.E., Executive Director of Public Works Approved By: Kristine Ridge, City Manager
City Council 9 – 2 10/3/2023
EXHIBIT 1
City Council 9 – 3 10/3/2023
City Council 9 – 4 10/3/2023
City Council 9 – 5 10/3/2023
City Council 9 – 6 10/3/2023
City Council 9 – 7 10/3/2023
City Council 9 – 8 10/3/2023
City Council 9 – 9 10/3/2023
City Council 9 – 10 10/3/2023
City Council 9 – 11 10/3/2023
City Council 9 – 12 10/3/2023
City Council 9 – 13 10/3/2023
City Council 9 – 14 10/3/2023
City Council 9 – 15 10/3/2023
City Council 9 – 16 10/3/2023
City Council 9 – 17 10/3/2023
City Council 9 – 18 10/3/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 3, 2023
TOPIC: Agreements for On-Call Construction Management and Inspection Services

AGENDA TITLE
Approve Agreements with AKM Consulting Engineers, Anser Advisory Management, LLC., Ardurra Group, Inc., Cannon, and Willdan Engineering for On-Call Construction Management and Inspection Services in an Aggregate Amount Not to Exceed $3,000,000, for up to a Five-Year Term

RECOMMENDED ACTION
Authorize the City Manager to execute agreements with AKM Consulting Engineers, Anser Advisory Management, LLC., Ardurra Group, Inc., Cannon, and Willdan Engineering to provide on-call construction management and inspection services for a shared aggregate amount not to exceed $3,000,000, for a three-year term beginning October 3, 2023 and expiring on October 2, 2026, with the provision for one two-year extension, subject to non-substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On July 18, 2023, the Public Works Agency (PWA) released Request for Proposals (RFP) No. 23-122 to select six consultants to provide on-call construction management and inspection services on an as-needed or on-call basis for the City of Santa Ana’s PWA Construction Engineering division (Exhibit 1). These services are required to augment City staff efforts to complete delivery of capital improvement projects involving public works infrastructure and City facilities.

The RFP was advertised on the City’s online procurement management and publication system, PlanetBids, with electronic proposals due on August 8, 2023. Twenty-five responsive proposals were received and evaluated by a selection committee comprised of PWA staff and based on criteria outlined in the RFP, the top five consultants were selected. The following table summarizes the responding firms and their rankings:

Firm City
AKM Consulting Engineers Irvine, CA
Anser Advisory Management, LLC Santa Ana, CA
City Council 10 – 1 10/3/2023
Agreements for On-Call Construction Management and Inspection Services October 3, 2023

Page 2 ends

Firm City
Ardurra Group, Inc. Newport Beach, CA
Cannon Irvine, CA
Willdan Engineering Anaheim, CA
Based upon the scope of work and selection criteria outlined in RFP 23-122, Staff recommends awarding on-call agreements with the top five responding professional construction management firms, allowing the firms to bid on future engineering task orders (Exhibits 2-6). The selected proposals demonstrate that these firms have the necessary capacity and expertise to complete the required services. The consultants’ rates are reasonable and within industry standard, the teams’ qualifications are appropriate, and the selected proposals were determined to provide the best value for the City.

FISCAL IMPACT
There is no fiscal impact at this time. The Public Works Agency will follow the established on-call services process during the FY 2024-2027 contractual term for requesting necessary fiscal review and authorization. Prior to utilizing the on-call services for any of these future task orders, PWA staff must receive Finance and Management Services Agency approval of funding and project activities to be used to ensure funds are available under the authorization limit of $3,000,000. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued. 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.

Division Account
City Facilities License Agreement 01117605-62300
Traffic and Transportation Engineering 01117620-62300
Traffic Signal Maintenance 02917620-62300
Sanitary Sewer Enterprise 05417617-62300
Sanitary Sewer Enterprise 05517660-62300
Sanitary Sewer Enterprise 05617640-62300
Fed Clean Water Protection 05717640-62300
Residential Street Improvement 05817660-62300
Water Enterprise 06017645-62300
Water Enterprise 06617647-62300
Construction Engineering 08617611-62300
Design Engineering 08617612-62300
Traffic Engineering 08617620-62300
Administrative Services 10117601-62300
Development Engineering 10117605-62300
CIP Project Funding Various
City Council 10 – 2 10/3/2023
Agreements for On-Call Construction Management and Inspection Services October 3, 2023

Page 3 ends

Division Account
Street Lights Maintenance 01117630-62300
Roadway Marking/Signs 01117625-62300
Graffiti Abatement Program 01117642-62300
Street Trees 01117643-62300
Sidewalks 01117626-62300
Environment/Sanitation 06817640-62300
Roadway Cleaning 06817641-62300
Median Landscaping 02917635-62300
Roadway Maintenance 02917660-62300
PWA Right-of-Way 01117622-62300

EXHIBIT(S)

1. RFP #23-122: On-Call Construction Management and Inspection Services

2. Agreement with AKM Consulting Engineers

3. Agreement with Anser Advisory Management, LLC

4. Agreement with Ardurra Group, Inc.

5. Agreement with Cannon

6. Agreement with Willdan Engineering
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 10 – 3 10/3/2023
EXHIBIT 1
City Council 10 – 4 10/3/2023
City of Santa Ana RFP 23-122

Page 2 ends

NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for On-Call Construction Management and Inspection Services.

Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than August 8, 2023 at 2:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time.

Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following:
“SEALED PROPOSAL FOR

ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RFP NO. 23-122

IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL.”
City of Santa Ana
Attn.: Edward Torres
Public Works Agency; M-36
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
For hard copy drop offs, visitors will be routed to deliver in the blue drop box on the 1st floor of Ross Annex across from the Public Works counter. Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic submittal by the deadline is suffice. For further instructions regarding hard copy submission of proposals, refer to PlanetBids.

All notifications, requests for information, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification.

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

Page 3 ends

TABLE OF CONTENTS
I. INTRODUCTION / PROJECT DESCRIPTION 4
II. INSTRUCTIONS TO PROPOSERS 6
A. CITY RESPONSIBILITIES
B. PROPOSER RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSES & PERMITS
F. INSURANCE
G. INFORMATION PACKET
H. CITY RIGHT TO REJECT
I. BID PROTESTS
III. SUBMITTAL REQUIREMENTS 8
A. GENERAL
B. PROPOSAL CONTENTS

1. STATEMENT OF QUALIFICATIONS

2. SCOPE OF SERVICES AND SCHEDULE

3. FEE PROPOSAL

4. CERTIFICATIONS
IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 10
A. EVALUATION AND RATING
B. SELECTION
V. CONTRACT AWARD 10
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT
VI. IMPLEMENTATION 10
A. KICK-OFF MEETING
B. NOTICE TO PROCEED
VII. PUBLIC RECORDS 11

VIII. APPENDIX
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: AGREEMENT
ATTACHMENT 3: CERTIFICATION
ATTACHMENT 4: PROJECT ATTACHMENTS
City Council 10 – 6 10/3/2023
City of Santa Ana RFP 23-122

Page 4 ends

I. INTRODUCTION / PROJECT DESCRIPTION
Nature of Work:

The City of Santa Ana Public Works Agency (City) desires to enter into an agreement with a qualified consulting firm to lead efforts to provide on-call construction management and inspection services.

Number of Proposals and Signature:

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

The Statement of Qualifications shall be limited to a maximum of (10) double-sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11” x 17”.

Proposal Evaluation and Rating:

The criteria for evaluating the RFP submitted will take the following items into consideration:
• Firm/Team Experience 25%
• Understanding of Need 30%
• Relevant Project Experience 30%
• Schedule of Delivery 10%
• References 5%

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

City Council 10 – 7 10/3/2023
City of Santa Ana RFP 23-122

Page 5 ends

Project Funding:

Funding sources for each project may vary and shall comply with the funding agency’s requirements. Special conditions may apply. Refer to Attachment 1 (Scope of Work) in the Appendix of this RFP.

Term of Contract Agreement:

The City desires to enter into a contract with the top scoring firm for an initial three (3) year term with a City option for two (2) one (1) year extension period. This term is outlined in the Standard Consultant Agreement, as contained in the Appendix of this RFP as Attachment 2.

City Council 10 – 8 10/3/2023
City of Santa Ana RFP 23-122

Page 6 ends

II. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation specifically referred to herein.

B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment of all charges resulting from the Agreement. Contact information such as email and phone number must be included into the proposal.

Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer’s financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity.

C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made only in writing to the Q&A section located in PlanetBids no fewer than five (5) calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.

D. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents.

E. LICENSES & PERMITS
The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City’s project manager or designee prior to commencing any work in Santa Ana.

Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work.

City Council 10 – 9 10/3/2023
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F. INSURANCE
The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provide the Selected Proposer with a “New Vendor Checklist”, which outlines insurance requirements.

G. PAYMENT INFORMATION PACKET
The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded.

H. PRE-PROPOSAL MEETING
Should a pre-proposal meeting be scheduled, the date, time, and location is identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question-and-answer session. It is highly recommended that the Proposer’s key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in “Section D: Addenda.” I. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise.

The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.

The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractor(s) shall be identified in response to this RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors.

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

City Council 10 – 10 10/3/2023
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III. SUBMITTAL REQUIREMENTS
A. GENERAL

1. The number of Proposal Copies and signature is specified in:

RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION

2. Deadline:

Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals.

B. PROPOSAL CONTENTS
The proposal format and page limitation, if any, is specified in:

RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION

1. STATEMENT OF QUALIFICATIONS
a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity.
b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix. Exceptions taken to the proposed contract will contribute to overall proposal rating.
c. Firm and Team Experience: Proposal shall include a profile of the firm’s experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual’s time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview.

City Council 10 – 11 10/3/2023
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d. Understanding of Need/Schedule of Delivery: Proposal shall include an outline which demonstrates the firm’s understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate.
e. Relevant Project Experience: Proposal shall include a list of relevant projects, which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, project location, year completed, and client name and contact information. City of Santa Ana staff may conduct site visits at select projects.
f. References: Proposals shall include a listing of relevant projects with references for three public entities with valid current emails for which Proposer has performed similar work within the past five (5) years.

2. SCOPE OF SERVICES AND SCHEDULE:

Proposal shall include Scope of Services and Schedule which 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 detailed in Attachment 1 of this RFP.

3. FEE PROPOSAL:

The fee proposal shall be submitted separate and concurrently with the technical proposal, both submitted electronically in PlanetBids and as a hard copy in a separately sealed envelope, clearly labeled as “Fee Proposal.” Cost, while not determinative, may be considered in the selection process. The selected firm will be expected to maintain the proposed billing rates throughout the first fiscal year of the contract, from June 19, 2023 through June 30, 2024.

4. CERTIFICATIONS:

The following forms shall be signed and included as part of the proposal submittal package:
• Attachment 3-1: Non-Collusion Affidavit
• Attachment 3-2: Non-Lobbying Certification
• Attachment 3-3: Non-Discrimination Certification
City Council 10 – 12 10/3/2023
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IV. PROPOSAL REVIEW (CONSULTANT SELECTION)
A. EVALUATION AND RATING
The criteria for evaluating the proposals are specified in:

RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION.

B. SELECTION
The selection committee will be comprised of at least (3) City staff from multiple departments. The committee may interview the top ranking proposers. The City will recommend award of contracts to the proposers who will provide the best value to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions.

V. CONTRACT AWARD
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee and acceptance from Funding agency following financial audit, the Project Manager will recommend award contracts to the three top-ranking proposers that will provide the best value to the City.

B. EXECUTION OF AGREEMENT
The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms, which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix.

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

B. NOTICE TO PROCEED
Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City.

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

City Council 10 – 13 10/3/2023
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VII. PUBLIC RECORDS
All data, documents and other products used, developed, or produced during response preparation of this RFP will become property of the City. All responses to this RFP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act.

Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act.

City Council 10 – 14 10/3/2023
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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.

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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 – 16 10/3/2023
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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.

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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 – 18 10/3/2023
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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 – 19 10/3/2023
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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 – 20 10/3/2023

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Appendix
ATTACHMENT 2

STANDARD AGREEMENT

CONSULTANT AGREEMENT

CITY OF SANTA ANA

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

ON-CALL CONSTRUCTION MANAGEMENT SERVICES
RFP NO. 23-122
THIS AGREEMENT is made and entered into on this day of , 2023 by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of:

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

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

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

1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.

Constructability review, construction management, contract administration, inspection services and related construction activities for City capital improvement projects.

City Council 10 – 21 10/3/2023

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2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended under this Agreement shall not exceed $xxxxxx during the term of this Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.

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

3. TERM
This Agreement shall commence on the date first written above for a ________________ with the option for the City to grant up to a _________________ renewals, 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.

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6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which 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
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant’s operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
c. Worker’s Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker’s compensation or to undertake selfinsurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer’s liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer:

Professional liability (errors and omissions) insurance, with a combined single limit City Council 10 – 23 10/3/2023

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of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section:
i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City.
iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement.
v. Consultant shall supply City with a fully executed additional insured endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City’s election, to forthwith terminate this Agreement. Such termination shall not affect Consultant’s right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City.

8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, 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 City Council 10 – 24 10/3/2023

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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 the City.

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

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Non-Fed Funding (6.1.2020)

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 consultants retained by City.

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

City Council 10 – 26 10/3/2023

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Non-Fed Funding (6.1.2020)

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

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

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
City Council 10 – 27 10/3/2023

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Non-Fed Funding (6.1.2020)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
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.

First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:

City Council 10 – 28 10/3/2023

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Non-Fed Funding (6.1.2020)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA

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

SONIA R. CARVALHO CONSULTANT:

City Attorney
By:

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

Nabil Saba, P.E.

Executive Director
Public Works Agency

(name)
(title)
City Council 10 – 29 10/3/2023

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Non-Fed Funding (6.1.2020)

EXHIBIT A

SCOPE OF SERVICES
City Council 10 – 30 10/3/2023

Page 11 of 11 ends

Non-Fed Funding (6.1.2020)

EXHIBIT B

COMPENSATION
Fee Proposal including hourly rates if applicable
City Council 10 – 31 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
City Council 10 – 32 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
City Council 10 – 33 10/3/2023
City of Santa Ana RFP
Page A3-3
Appendix
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION

CERTIFICATIONS
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

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

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

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

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

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

7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City Council 10 – 34 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:

City Council 10 – 35 10/3/2023
EXHIBIT 2

CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

AKM CONSULTING ENGINEERS 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 AKM Consulting Engineers (“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.

C.

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.

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

Page 1 of 10 ends

not exceed the shared aggregate amount of $3,000,000.00 during the term of this 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.

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6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which 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.

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(iv)Professional Liability Insurance with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
(v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or 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.

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(vii) Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
• The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
• Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
• If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
(viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors.
(x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

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this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

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

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

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

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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

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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

Page 8 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:

Emin Kayiran, Vice President
AKM Consulting Engineers
553 Wald
Irvine, CA 92618
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signatures contained on following page]

Page 9 of 10 ends

City Council 10 – 45 10/3/2023

EXHIBIT A

SCOPE OF SERVICES
City Council 10 – 46 10/3/2023
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 "On-Call" 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 pre-construction 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 of Santa Ana RFP 23-122
Page A1-1 City Council 10 – 47 10/3/2023
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 sub-contractors 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 of Santa Ana RFP 23-122
Page A1-2 City Council 10 – 48 10/3/2023

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 of Santa Ana RFP 23-122
Page A1-3 City Council 10 – 49 10/3/2023
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 of Santa Ana RFP 23-122
Page A1-4 City Council 10 – 50 10/3/2023

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 of Santa Ana RFP 23-122
Page A1-5 City Council 10 – 51 10/3/2023

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 of Santa Ana RFP 23-122
Page A1-6 City Council 10 – 52 10/3/2023

EXHIBIT B
CONSULTANT’S PROPOSAL
City Council 10 – 53 10/3/2023

CITY OF SANTA ANA

REQUEST FOR QUALIFICATION

ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES – RFP No. 23-122
DUE: August 8, 2023
Submitted by:

AKM CONSULTING ENGINEERS
553 WALD, IRVINE, CA 92618
Contact: Emin Kayiran, CPII
Phone: 949-753-7333 Fax: 949-753-7320
[email protected]
City Council 10 – 54 10/3/2023
Proposal
City Council 10 – 55 10/3/2023
Water Resources
Infrastructure
Construction Management
AKM Consulting Engineers
553 Wald
Irvine, CA 92618
Telephone: 949.753.7333 Facsimile: 949.753.7320
www.akmce.com
August 8, 2023
City of Santa Ana
20 Civic Center Plaza
Public Works Agency, M-36
Santa Ana, CA 92702
Attn: Mr. Edward Torres
Subject: Proposal to Provide On-Call Construction Management and Inspection Services (RFP No. 23-122)
Dear Mr. Torres:

In response to your Request for Proposal dated July 18, 2023, and Addendum 1, AKM Consulting Engineers (AKM), a SBA certified Small Business Enterprise, is pleased to submit this proposal to provide on-call construction management and inspection services to the City of Santa Ana (City).

AKM certifies that we meet the minimum requirements of this solicitation. Our proposal reflects our understanding of the scope of work contained in the RFP, our previous experience providing construction management and inspection services under on-call contracts to public agencies, a review of the City’s Capital Improvement Program, insurance documents, and information provided by the City. Contact information for this proposal is:

Emin Kayiran, CPII
Vice President / Director of Construction Management Services AKM Consulting Engineers, Inc. - 553 Wald, Irvine, CA 92618 Phone: 949-753-7333 – FAX: 949-753-7320 – email: [email protected] AKM is a full service organization which specializes in providing public infrastructure engineering, construction management and related services to a wide Southern California public agency client base since its inception in August 1990. AKM has a long and distinguished record of providing as needed professional services to public agencies including the City of Santa Ana. For the past 3 years, AKM has served as an on-call construction management consultant to the City, and in that time, we responded to every task order request that the City distributed. We commit to maintaining the necessary resources to continue to respond to all task order proposal requests.

As we understand, the City plans to engage the services of qualified Construction Management consulting firms to partner with the City in delivering a variety of planned projects. The projects will vary in size and scope and will be initiated via task orders. Selected consultants will respond to task order requests via a concise, yet complete proposal. Responsiveness to task order requests is vital in order for the City to successfully deliver planned projects on time. In order to respond to this need and offer the City the highest quality of service, AKM has assembled a Project Team with extensive experience and expertise in all facets of planning, design, and construction management of public infrastructure projects. The proposed Project Team will be under the direction of Mr. Emin Kayiran, as Project Manager, who is AKM’s Project Manager for our current On-Call Construction Management AKM Prop. 23-1061 1
City Council 10 – 56 10/3/2023
City Council 10 – 57 10/3/2023
On-Call CM/I

FIRM AND TEAM EXPERIENCE
AKM, a SBA Certified Small Business Enterprise, is a multi-disciplined professional organization that specializes in providing water resource infrastructure engineering and related services to public agencies. AKM has a current staff of thirty (30) employees who operate out of our office strategically located in Irvine at the intersection of the 5 and 405 Freeways. The scope of services offered by AKM includes all facets of planning, design and construction management for public works infrastructure.

Legal Name of Firm: AKM CONSULTING ENGINEERS, INC. 553 Wald, Irvine, California 92618 Year Established: 1990
Contact Information: Mr. Emin Kayiran, Vice President/Director of Construction Management [email protected] Phone: (949) 753-7333 FAX: (949) 753-7320 The focus of our experience is within Southern California, and all key project team members are fully acquainted with the local and regional issues affecting the planning, design and construction of water resource infrastructure in the area. This, along with the technical and managerial depth of the team, will ensure the successful implementation of any project assigned under this contract. Having been providing construction management related services since the firm’s inception in 1990, AKM has completed construction management and inspection assignments for the following agencies:
.
.
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.
.
.
.
.
.

City of El Segundo
City of Cypress
City of Newport Beach
City of Fountain Valley
City of Ontario
Garden Grove SD
West Basin MWD
City of Stanton
.
.
.
.
.
.
.
.

City of Garden Grove
City of San Clemente
City of San Juan Capistrano
City of Seal Beach
City of Alhambra
Orange County WD
Moulton Niguel WD
.
.
.
.
.
.
.
.

City of Santa Fe Springs
City of Tustin
City of Palos Verdes Estates
City of Corona
City of Arcadia
Orchard Dale WD
City of Long Beach
South Coast Water District City of Santa Ana
Bellflower Somerset
Mutual Water Co.

Additionally, AKM has completed or is engaged in On-Call Services contracts for the following agencies:
.
.
.
.
.
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City of Los Angeles
City of Seal Beach
City of Corona
City of Ontario
South Coast WD
WBMWD
.
.
.
.
.
.

City of Cypress
City of Stanton
City of Anaheim
County of Orange
WRD
. Los Angeles County DPW
Garden Grove SD
City of Huntington Beach
Camarillo Sanitary District
City of Long Beach
.
.
.
.

Fontana

COMPANY PROFILE
The scope of services offered by AKM includes all facets of planning, design and construction management for public works construction projects. We have a long and distinguished record of providing on-call services to public agencies. A full listing of services offered by AKM is as follows:

CONSTRUCTION MANAGEMENT AND SUPPORT
. Contract Administration
. Inspection
. Resident and Field Services
. Procurement
. Project Close-Out
. Estimating
. Construction Management . Start-Up and Acceptance . Schedule and Delay Analysis

STORMWATER, WASTEWATER, POTABLE WATER, AND RECYCLED WATER . Master Plans . Storm Drains and Channels
. Detention Basins
. Permitting and Regulatory
Compliance
. Deficiency Reports and
. Water Treatment
. Water Reclamation
. Odor Control
Inventories
. Capital and Facilities
Plans
AKM Prop. 23-1061 3
City Council 10 – 58 10/3/2023
On-Call CM/I
. Solids Handling
. Outfalls
. Collection Facilities
. Pump and Lift Stations
. Pipeline and Transmission
Facilities
. Wells
. Improvement Plans
. Hydraulic Analysis
. Hydraulic Structures
. Reservoirs and Lakes
. Water Quality
. Storage Facilities

TECHNICAL SERVICES
. Supervisory Control and Data . Geographic Information Systems . CADD (Microstation, Acquisition (SCADA) . Operations and Maintenance AutoCAD) . Scheduling

PLANNING
. Project Planning . Economic and Financial
Planning
. Conjunctive Use Planning
. Sewer System Management
Plans (SSMP)
. Rate Studies
. Urban Water
Management Plans
. Water Supply
Assessments
. Potable Water, Recycled
Water, Waste Water, and
Storm Water Master Plans
. Facility Planning

QUALIFICATIONS
Summary of Unique
AKM Consulting Engineers, by virtue of its extensive relevant Qualifications experience, specialized training, local knowledge, and
technical competence, can provide the City with high quality construction management, and inspection services, quickly, and at a lower overall cost than our competitors. Our staff members possess experience directly related to all facets of construction management and inspection with significant experience with water, recycled water, wastewater,
stormwater and stormdrain facilities.

All proposed team members have
served as both a construction
inspector and construction
manager, bringing a well-rounded
background to projects
AKM team members are
recognized experts specializing in
the field of public works
infrastructure with an emphasis in
water resource related projects
Further, AKM has been providing construction management services to the City of Santa Ana since 2020. During that time, AKM has successfully partnered with the City staff to complete several successful projects, while at times
navigating through complex project issues. By virtue of this experience, our construction management staff possess
intimate knowledge of the City’s infrastructure, their
We understand the organizational
structure of the City as AKM
specializes in public infrastructure
and only works for public agencies
organizational structure, and has a strong feel for the pulse Proposed team members have a of the residents and the community where their facilities are strong feel for the pulse of the located residents and the community where
Because AKM is a full service engineering firm, our team has projects are expected to take place an extremely well rounded background in all facets of public infrastructure engineering, many having worked on multiple design and master planning assignments. This level of
experience enables our team to approach construction
projects on a much deeper level, since they understand
design and overall planning implications on City
infrastructure and systems as a whole. AKM also retains an in-house staff of computer-aided drafting professionals and can support the District with any of their CAD needs.

Unrivaled responsiveness to the
City and project needs. Our day
does not end at 5:00 PM
Proven track record of being able
to respond to both large projects
spanning years, as well as small
projects lasting only a few days
The City will have access to a full
service engineering firm who can
also provide engineering support,
design, CAD and planning
Full client satisfaction is a corporate commitment at AKM.

This is reflected in a very high repeat client base (over 92%), our standing in the industry as a premier public infrastructure engineering company, low insurance rates, and a very stable work force.

AKM Prop. 23-1061 4
City Council 10 – 59 10/3/2023
On-Call CM/I

PROJECT TEAM
AKM Consulting Engineers provides an in-house multi-disciplinary staff of professionals who are recognized specialists in public infrastructure planning, design, and construction management. The staff members have superb technical training and academic backgrounds. Furthermore, they regularly attend technical seminars to keep abreast of the professional developments in their fields.

AKM’s proposed Project Team members have a long and distinguished track record in the performance of high quality services, especially with respect to program/project management, construction management and inspection of public infrastructure improvements. The Project Team is well qualified to undertake the work and provide superior technical services. All key members will be made fully available to serve on any assigned project under the proposed on-call services contract.

Key team members will not be substituted without prior written approval from the City. In the very unlikely event a key project team member becomes unavailable during a project do to an unforeseen circumstance, an equally or superiorly qualified replacement will be provided. AKM will submit a situation and project specific transition plan for the City’s consideration in such an event. Resumes with relevant experience of key project personnel are included in an Appendix B. We stress that all of our proposed team members will be fully available for the duration of the Contract.

The key to successful completion of the work for the City will be the Construction Managers and Resident Engineers/Inspectors. These team members will be responsible for day-to-day communications with Contractors during projects, and in many ways, their effectiveness will dictate how efficiently the projects are completed. The position requires persons who are knowledgeable of the project’s plans and specifications; possess excellent communications skills, and are confident and capable of exercising basic fairness when confronted with conflicts or differences of opinions, while still protecting the City’s interests and those of the projects at large. We have assigned eight (8) highly skilled, senior level construction professionals to this assignment. AKM construction management and inspection team includes the following members:

AKM Prop. 23-1061 5
City Council 10 – 60 10/3/2023
On-Call CM/I
 Emin Kayiran, CPII, Project Manager /
Director of Construction Management
Services (Primary point of contact)
 Steve Patterson, Senior Construction
Manager/Senior Construction Inspector
(Secondary point of contact)


Ryan Bigger, Senior Construction
Inspector / Specialty Inspection
Robert Bostic, Senior Construction
Inspector
Brad Jackson, Construction Inspector
Jacob Huffman, Construction Inspector
/ Special Inspection


 Mike Fredriksz, Construction Manager /
Senior Construction Inspector
 Jacob Lillengreen, EIT-FE, CMIT,
Construction Manager



Frank Morales, Construction Inspector
Craig Ervin, Construction Inspector
Levi Harris, Construction Inspector
All construction management and inspection services performed by AKM are structured to respond to the technical and managerial requirements of the project by assigning senior, highly qualified personnel to the scope of work tasks. They function in a simple organization with clear lines of delegated authority and responsibility. Our assigned Project Manager, Mr. Emin Kayiran, CPII, will be the principal point of contact with the City and have full technical and administrative responsibility for the projects. In the very unlikely event that Mr. Kayiran is temporarily unavailable, Mr. Steve Patterson will be the associate in charge and the City’s contact.

We stress that AKM’s staff has the unique ability to inspect electrical and control systems, as well as coating and lining systems for water, wastewater and treatment applications. It is a requirement for all AKM Construction Management Team Members to possess the ability to inspect these aspects of construction. As such, there is a greater level of inspection continuity and quality assurance amongst the various aspects of construction since it inspected by the same individual. Often times when projects are staffed with multiple inspectors assigned to individual trades, inspection responsibilities become blurred and important details are over-looked. This also enables AKM to have greater control over the quality of inspections and translates to cost savings for the City Our construction management and inspection team is represented in the organization chart in this Section. The key team members for this project are listed at the end of this Section along with their detailed description and biography. We are able to provide additional superbly qualified resources that work with AKM on select projects if need be.

MR. EMIN KAYIRAN, CPII - Role: Project Manager / Director of Construction Management Services Years of Experience: 19 Years with AKM: 19
Mr. Emin Kayiran, CPII, who has been a Construction Manager and Senior Resident Engineer with AKM for over 19 years, has a broad background in construction management, inspection, and scheduling. Mr. Kayiran’s experience includes management and inspection of treatment facilities; wells; pipelines; pump and lift stations; street improvements including traffic striping; rehabilitation and slurry seal; reservoirs; concrete structures; protective coatings and linings; electrical, control and SCADA systems; management of hazardous materials removal; shoring systems; dewatering; and ground settlement monitoring. Additionally, Mr. Kayiran has provided shop drawing review, claims management, cost control, change order preparation, change order negotiation, startup testing and inspections, warrantee inspections, warrantee work coordination with contractors, utility coordination and constructability review services to municipal agencies. He is trained in schedule and delay analysis and well versed in Primavera P6.

Mr. Kayiran has served as an on-call construction manager for West Basin Municipal Water District, South Coast Water District, Ontario Municipal Utilities Company, the City of Cypress, the City of Santa Ana, the City of Fontana, the City of Stanton, Water Replenishment District, the City of Long Beach and an on-call construction inspector for the City of Seal Beach.

Mr. Kayiran recently served as a Subject Matter Expert for the American Public Works Association in support of an overhaul of their public infrastructure inspection training and certification material.

During this effort, he co-authored a new training module on the inspection of pumping and treatment AKM Prop. 23-1061 6
City Council 10 – 61 10/3/2023
On-Call CM/I
facilities for inclusion in the updated manual which was published in 2019. He was a co-presenter and speaker for “De-mystifying Risk” an Engineering News Record webinar.

Mr. Kayiran will be responsible for developing project specific construction management and inspection procedures for any assignment. He will also ensure that field construction management and inspection work is being carried out in strict accordance with the project goals and scope of work.

MR. STEVE PATTERSON - Role: Construction Manager / Senior Construction Inspector Years of Experience: 34 Years with AKM: 15
Mr. Steve Patterson, a Construction Manager/Senior Resident Engineer with AKM since 2008, has over 30 years of public infrastructure construction, operation, maintenance, and design experience.

Mr. Patterson has significant experience managing and inspecting construction with an emphasis in public works capital improvement projects. He has served as a Utilities Operations Supervisor for a municipally owned water/wastewater utility in a coastal community. Additionally, Mr. Patterson has thorough knowledge of, and training in occupational hazards and safety precautions and requirements as they pertain to the construction, operations and repair of public works infrastructure. Mr. Patterson is also thoroughly familiar with the requirements of both Caltrans and the U.S. Army Corp. of Engineers for State and Federally funded local projects.

MR. MIKE FREDRIKSZ - Role: Senior Construction Manager / Senior Construction Inspector Years of Experience: 30 Years with AKM: 6
Mr. Mike Fredriksz has more than 30 years of experience providing construction oversight of Capital Improvements and large residential development projects. Prior to joining AKM, he served as the Inspection Services Supervisor for Irvine Ranch Water District. Mike's project experience includes water, recycled water and wastewater facilities, reservoirs, pipelines, pump stations, sewer lift stations, buildings, treatment plants, street rehabilitation and slurry seal. He has been extensively involved with multiple stakeholders including the public, elected officials, developers, contractors, engineers and architects. His responsibilities have included monitoring construction activities, traffic control, preparing daily construction reports, verifying compliance with plans and specifications, maintaining record drawings, performing final inspections and presiding over facility startups. Mike has knowledge and experience with project management, submittal process, RFI and change orders.

MR. JACOB LILLENGREEN, EIT-FE, CMIT - Role: Construction Manager Registration:

Engineering in Training (CA); Fundamentals of Engineering; CMIT Level 3 Years of Experience: 6 Years with AKM: 1
Mr. Lillengreen has 6 years’ experience in engineering and construction management working on various public works projects. He possesses communication and organizational skills to provide valuable support for construction projects. He is well versed in processing RFIs, submittals and change orders in a timely matter. Mr. Lillengreen has an extensive computing background and is highly proficient in AutoCAD, Bluebeam, and a range of Microsoft programs. He has experience in multiple project management software as well including Procore, EADOC, VPO and Unifier.

MR. RYAN BIGGER - Role: Senior Construction Inspector / Specialty Inspection Registration: ICC Special Inspector Certification – Reinforced Concrete; Pre-Stressed Concrete; Structural Masonry; Spray Applied Fire Proofing; Structural Steel and Bolting Years of Experience:
10 Years with AKM: 2
Mr. Ryan Bigger is an experienced Construction Inspector who began his career as a materials testing technician and Special Inspector. Mr. Bigger has a strong background in reinforced concrete structures, geotechnical remediation, structural bolting, piping and protective coatings. Mr. Bigger has provided inspection services for pipelines, treatment plants, pump stations, road and highway work, grading operations, municipal buildings and airports. He applies a meticulous attention to detail to all of his projects.

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MR. ROBERT BOSTIC - Role: Senior Construction Inspector Registration: SWRCB Grade IV Water Treatment Operator; SWRCB Grade IV Water Distribution Operator Years of Experience: 17 Years with AKM: 3
Mr. Robert Bostic, a former United States Marine Corps Sergeant, has more than 17 years of experience providing construction management, inspection services and operations and maintenance services. Robert’s project experience includes water treatment facilities, natural gas systems, street maintenance, desalination plants, as well as operations, and management. He is a licensed Grade IV Water Treatment Operator and Grade IV Water Distribution Operator. Having served as a construction manager and inspector, as well as a treatment plant and water distribution operator, Mr.

Bostic brings a uniquely well rounded perspective to the projects he serves.

MR. BRAD JACKSON - Role: Construction Inspector
Years of Experience: 30+ Years with AKM: 1
Mr. Brad Jackson will serve as the Construction Inspector. Mr. Jackson has spent the past 30 years with the Irvine Ranch Water District. He has progressed from a position in the warehouse learning the basics of pipes, fittings and appurtenances to managing a team of dedicated construction inspectors overseeing and inspecting projects from housing tracts to the construction of District pipelines, reservoirs, pump stations, well rehabilitations and chemical feed facilities. He possesses excellent oral and written communication skills and take great pride in composing documentation and reports.

Collectively, with his experience and education, he will provide excellence in inspection services. Mr.

Jackson has inspected several pipelines, many of which required close coordination with the staff of other involved agencies, and were constructed within major arterial roads.

MR. JACOB HUFFMAN - Role: Construction Inspector / Special Inspector Years of Experience: 20+ Years with AKM: 1
Mr. Jacob Huffman, a seasoned construction inspector, is a certified ACI Concrete Field Testing Technician, ICC Certified, and Caltrans Certified inspector who possesses over 20 years of experience in construction inspection for underground water, sewer, storm drain, and other utility work, as well as water resource related facilities such a pump stations, treatment plants and reservoirs. His experience also includes a variety of street rehabilitation work and municipal buildings. Mr. Huffman has inspected all phases of construction of new facilities, as well as rehabilitation of existing facilities from inception to completion. His in-depth knowledge of soils and construction related materials such as asphalt concrete, concrete and structural metals, make him a valuable asset to all projects he serves on.

MR. FRANK MORALES - Role: Construction Inspector
Years of Experience: 30+ Years with AKM: 4
With more than three decades of performance-based progression to senior-level executive management, Mr. Morales has a well-honed and proven background in construction management, construction supervision, inspector of record, owners’ representative, architectural, civil engineering design skills, sales and customer service. His strengths include the ability to communicate on every level required to perform any given task. Mr. Morales is a inspector who is a highly motivated and results oriented professional possessing exceptional leadership and communications skills. He has a solid track record of consistently meeting and exceeding individual, departmental and company goals and expectations. His experience ranges from treatment plants, recycled water pipelines and pumping facilities to large commercial buildings and tenant improvements.

MR. CRAIG (C.J.) ERVIN - Role: Construction Inspector
Registration: Grade 3 California Water Treatment Operator; AWWA Grade 2 Distribution Operator Years of Experience: 30+ Years with AKM: 8
Mr. Craig (CJ) Ervin, a licensed Grade 3 California Water Treatment Operator who possesses over 30 years of experience in construction inspection for water reclamation plants, water and sewer pump stations, street improvements, building projects, pipelines and infrastructure. As a Construction Inspector, Mr. Ervin has inspected all phases of construction of new facilities, as well as rehabilitation AKM Prop. 23-1061 8
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of existing facilities from inception to completion, working closely with Contractors, Developers, public agency engineering teams and utilities. Additionally, Mr. Ervin has provided claims management, cost control, change order preparation, change order negotiation, warrantee inspections, warrantee work coordination with contractors and constructability review services to municipal agencies.

MR. LEVI HARRIS - Role: Construction Inspector
Years of Experience: 4 Years with AKM: 1
Levi Harris is seasoned construction professional who has a broad background in pipeline construction, treatment facilities, as well as building, programming, retrofitting, and repairing electrical and control panels. Mr. Harris previously worked for a construction contractor specializing in oil and gas pipelines. He leverages his well-rounded experience to provide exceptional inspection service to AKM’s clients, and prides himself in thorough documentation practices.

PROJECT UNDERSTANDING AND APPROACH
As we understand, The City plans to engage the services of qualified Construction Management consulting firms to partner with the City in delivering a variety of planned projects. The projects will vary in size and scope and will be initiated via task orders. Selected consultants will respond to task order requests via a concise, yet complete proposal. Responsiveness to task order requests is vital in order for The City to successfully deliver planned projects on time. AKM has a long history of providing first rate service to our clients through on-call engagements. We are therefore mindful of the need to maintain adequate resources to always be able to respond to the City when needed.

Project Management & QA/QC
Our Construction Management Team will diligently manage the project budgets so not to create budget overruns during the prosecution of our services. Although our assigned Project Manager will have ultimate responsibility for tracking, managing and reporting budget status to the City, every team member participates in project/budget management. Our Construction Managers, Field Engineers and Inspectors are required to thoroughly review and understand the project specific scope of work prior to beginning our services, and to log hours spent on the project daily. Our Project Manager reviews accrued project hours weekly. Additionally, the Project Manager carefully analyzes project costs and staffing requirements and assigns work hours to project team members the week before services are scheduled to be rendered. Adherence to our project budgets relative to construction percent completion based on schedule will be communicated to the City monthly for larger projects, weekly for shorter projects, or at any other interval desired by the City. The City will be notified in writing when reaching budget milestones of 25-percent, 50-percent and 75-percent of total cost exhausted. AKM will not exceed the budget limits agreed to.

Electronic Document Control
Regardless of the type or size of the project, AKM’s goal is to always be effective. In order to be effective, our time and effort must be focused on items and tasks that advance project progress. AKM knows how important documentation is to the construction process. So to marry these two objectives, effectiveness and well organized documentation, AKM employs electronic document control systems to assist in managing projects. Our team has been successfully leveraging electronic document control systems to execute projects for over a decade, and have found success with Procore.

Procore is designed to track, manage and store all project documentation. The System is web-based, requiring no enterprise software or servers, providing for turnkey deployment. System server hardware is managed by an independent third party avoiding any potential appearances of a conflict of interest.

AKM has recently used Procore in support of the City Projects. Our team is intimately familiar with the system, and is able to provide hands on training to the City staff.

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information, documentation and overall project status. The City will receive an archived version of the entire system via a flash drive at the conclusion of each project. Training of all project users will be provided.

Schedule Management
A critical component to any construction project, is the development and regular maintenance of a well-defined and coordinated Critical Path Method Schedule. The baseline CPM schedule will be the barometer from which Contractor’s performance is evaluated. On any assigned project, as one of the first tasks, AKM will review the submitted qualifications of the Contractor’s proposed Scheduler and address any issues regarding compliance with the Contract requirements. During the preconstruction phase of the project, the Contractor will be required to submit a baseline CPM schedule. For large complex projects, the baseline schedule will be refined following a scheduling meeting conducted between the AKM Construction Management Team, the City and the Contractor.

The project specific scheduling requirements will be reviewed at the meeting. The goal of this very important meeting is to communicate all project requirements related to the development of the baseline schedule, as well as clarify any questions that the Contractor has. It will also serve as an initial review of the Contractor’s proposed Work Breakdown Structure and activity ID/code structure.

During this period, AKM will review the schedule for the overall feasibility and duration of specific activities as well as evaluate interrelated activity constraints and carefully verify all predecessor and successor activities. We will also verify that the baseline schedule does not contain unnecessary lead/lags, level of effort or hammock activities, and does not contain preferential logic and float suppression techniques. An example of this would be using preferred crew flow as a basis for logic ties.

When reviewing a baseline schedule, it is critical that our team meticulously reviews the specifications to verify that all contractual work constraints are built into the schedule. For example, having the submission, review and approval of the MOP documents and subsequent safety checklists, tied to the actual shut downs when shutdowns are required on a project. This is also critical for startup activities including activities for pre-installation meetings, as well as activities for installation verification by manufacturer’s representatives. Verifying that these critical activities and milestones are included in the baseline schedule and properly tied to other activities, is essential so that they can be carefully monitored during construction.

When critical activities approach their completion dates, or when non-critical activities begin to use up the allotted float, AKM will immediately bring such issues to the attention of both the City and the Contractor. Such schedule issues will proactively be discussed during Schedule Progress Meetings or if necessary, special scheduling meetings to determine causes of potential or actual delays, as well as solutions to avoid delays or account for time lost due to a delay. All changes made to the schedule will be carefully evaluated for acceptability each month. We will also verify all as-built information included in the updates against information included in the daily reports and daily tracking.

Our Project Manager and all of our Construction Managers are well trained and versed in Primavera P6. They will review time impact analysis (TIA) when submitted.

It is acknowledged that smaller projects may be assigned that do not require the use of scheduling software. However, review and maintenance of the schedule during construction remains important despite the simplicity of the schedule. A scaled approach, similar to the one described above, will be implemented for smaller projects.

Tools
AKM’s Construction Management Team are equipped with tablets while in the field performing inspections. Unlike laptop computers, tablets are small, lightweight and therefore can accompany the field staff while inspecting most all locations on the project site, including excavations. This enables our field staff to document events in as close to real time as possible, as opposed to waiting for a break in the work and returning to the field office to utilize a laptop. It also allows field staff to AKM Prop. 23-1061 10 City Council 10 – 65 10/3/2023
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send and receive emails while on site and complete the daily report as the day progresses. An additional benefit is that all project files will be stored on the tablet so that all project related documents can be accessed from anywhere on the site as opposed to keeping large, hard to transport file boxes requiring returning to the field office to search for documents.

The tablets are all wi-fi enabled allowing direct access to our server and web based project document control system. This way, daily reports, photos and all other field generated documentation can be entered directly into the system rather than being saved on the laptop and then copied into the particular document control system.

METHODOLOGY
Our goal on any project is to see that quality facilities are constructed on time and within budget, so that such facilities will be a benefit to the City’s customers for their full useful life. In order to effectively complete projects, AKM’s Construction Management Team becomes a close partner and extension of our clients. We are sensitive to the fact that the City’s internal staff has a variety of day-to-day responsibilities beyond any particular construction project. That being said, we have been extremely successful handling the project management workload for our clients during construction, yet still keeping assigned client staff fully abreast of project progress and status. AKM understands that no two agencies or projects are the same, all containing their own unique challenges and nuances. Our Construction Management services are specifically tailored for each client and project to properly serve their best interest and overall project success. For any task order assignment, the project is carefully examined so that the client’s goals and objectives are clearly understood by the AKM Team prior to beginning our services. For proposed projects to be successful, detailed and timely attention must be given to the key issues unique to each project. Our methodology for successfully completing any assigned project involves promptly identifying and addressing the key project issues. AKM will begin all projects with identifying key project issues and take proactive measures and planning to mitigate potential impacts. The following describes our methodology for handling common issues that occur during construction projects:

Changes in the Construction Industry
The engineering and construction industry has seen more change during the past three years, than it had in perhaps the previous 10 years. Two of the most influential factors driving this rapid change have been the global COVID-19 pandemic, and world-wide supply chain issues/shortages of materials and equipment. Both of these factors have required a new way of planning, and approaching projects ranging from on-site safety, to dealing with abnormally long lead-times for materials and equipment. These impacts have required project teams to be adaptable and collaborative to overcome day-to-day effects on projects. The teams that have learned, adapted, and evolved, remain the best positioned to guide their clients through the obstacles that today’s construction industry are now faced with.

Construction Inconvenience
The City’s service area encompasses residential, commercial, industrial and retail areas and high traffic roads. All projects within the public right-of-way present a traffic burden to residents and businesses near the project areas. Projects near residents and business can affect normal traffic flows, parking, as well as impede ingress and egress to properties. Although Contractors are required to mitigate construction nuisances, it is the Construction Management Team’s responsibility to enforce such mitigation measures. The potential always exists for dust and fine debris to create unfavorable conditions for the nearby public. Utility services may be interrupted at times during construction for activities such as tie-ins, service switch-overs and startup testing. The greater the inconvenience to the public, the more the public will become discontent with the projects. Minimizing the burden to the public during construction is instrumental in achieving successful projects.

Construction Completion Time
In construction, time is always of the essence. Due to the magnitude and potential impacts to the AKM Prop. 23-1061 11 City Council 10 – 66 10/3/2023
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public of capital improvement projects and impacts while working with the City’s existing facilities, there is an even greater need for completing the work within the allotted contract duration.

Additionally, the longer projects extend, the greater the burden is to the public, increasing complaints, and overall dissatisfaction. This also holds true for the existing facilities as projects may require shutdowns to equipment or entire processes which can disrupt normal operations. Projects which overrun the schedule also tend to result in a higher overall cost when finally completed.

Potential for Utility and Other Conflicts
Anytime construction occurs within public right-of-way, or involves subsurface construction, an elevated level of risk for conflicts exists. Utility locations shown on the Contract Drawings usually are carefully located and plotted based on the available existing records. The accuracy of the locations represented on the Contract Drawings is contingent upon the accuracy of the available utility records, and potholing conducted during design. A potential utility conflict could result in a redesign of proposed facilities and/or relocation of interfering utilities creating schedule delays, increased costs and longer impacts to the public at large. Conflicts can also occur with nearby residential, commercial, and retail property owners where construction impacts to them are not realized until after construction commences. This can create public resistance to the projects and may cause delays while the impacts are mitigated.

Coordination with Multiple Project Participants
As AKM has learned on our previous construction management assignments, projects require close and cooperative coordination with outside agencies, the City’s other departments, as well as the many utility agencies owning facilities within City boundaries.

Different entities may have different project concerns and require varying levels of communication.

Outside agencies will feel the most at ease and comfortable with projects when they receive clear, timely and accurate information regarding the project. It will also be paramount to understand each party’s unique concerns and perspective regarding the project prior to the start of construction, to be able to best plan how to keep them informed.

Construction Management Methodology
What are evident in the paragraphs above are the interrelationships of the key project issues. A direct effect of one of the issues results in an unintended effect to the others. As the City’s Construction Management Consultant, AKM will effectively, promptly, and proactively monitor and manage project issues for the entire duration of our services on the projects. Our approach to our services is described in the paragraphs below.

Evolve and Adapt
In a rapidly changing construction industry, where wide ranging material cost fluctuations, local mandates and material shortages have become commonplace, the standard “playbook” often times does not apply, or does not produce results. For this reason, AKM adopts an “evolve and adapt” philosophy in the performance of our service. AKM carefully monitors trends in the industry and communicates regularly with our clients regarding how current events/industry changes might affect projects. When challenges on projects arise that are a result of such industry changes, we partner with our clients to suggest the best path forward. Often times this involves thinking differently about solutions and not being constrained by past ways of resolving such matters. In all cases, AKM always advocates for solutions that serve the best interest of the City and the project.

A Commitment to Documentation
AKM takes great pride in our project document control believing that effectively managing project documents reduces our client’s risk, can help avoid and resolve project disputes, improves project lifecycles, and promotes Contractor accountability. We will keep project documentation in strict accordance with the project requirements. Such diligence is a representation to involved parties that prudent project management and administration is being implemented. Project documents will be AKM Prop. 23-1061 12 City Council 10 – 67 10/3/2023
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ready for review and/or audit anytime one is mandated or requested. Our commitment to documentation will also allow the Construction Management Team to verify that all required submittals, schedule updates, schedule narratives, monthly reports, shutdown plans/MOPs as well as red line drawings are being submitted in a timely manner by the Contractor so that construction progresses as planned.

Be Responsive
Capital improvement construction projects are a dynamic and ever evolving endeavor.

Circumstances can change without warning and as previously mentioned, time is always of the essence. It is therefore a hallmark of the AKM Construction Management Team to be extremely responsive to the Contractor, the City, other City departments, Design Engineer, utility companies owning facilities within the project boundaries, as well as any other project stakeholders. We are committed to the projects we serve day and night; our day does not end at 5:00 PM. AKM will diligently and expeditiously respond to project participants, transmit necessary information, and coordinate between various project participants throughout the project. Our commitment to be as responsive as possible will aid in avoiding delays, as well as maintaining good project relationships with all involved parties.

Being responsive also means that we are there for the City when needed, even when we are not actively working on a project. AKM will always respond to task order requests and has a history of quick turnarounds for task order proposals. We are also able to respond to work requests and mobilize on short notice.

Communicate Early and Often
AKM understands that it is part of a team that includes the Contractor, the City, the Design Engineer, residents, as well as the general public sharing in the common goal of project completion on time and within budget. Our communication efforts will begin from the commencement of projects, during preconstruction activities, and continue through completion. Coordination and cooperation amongst project participants is best achieved when relationships founded on open communication are established. Such communications will allow AKM to most effectively deal with problems identified with the schedule, delays, utility conflicts, differing site conditions and concerns related to construction and working with all involved parties.

AKM employs a productive and efficient approach to project meetings in order to maximize communication. To accomplish this, all meetings hosted by AKM have a purpose and direction. A well thought-out agenda is prepared to facilitate meaningful discussions that inform the processes and are geared towards resolution of issues, rather than gathering a group of people in a room and permitting a free-for-all discussion.

AKM advocates meeting with Contractors informally prior to the preconstruction meeting, so that our teams can meet and begin building a working relationship. This provides an opportunity for the Contractor to share project concerns, and AKM to express expectations prior to being in a room full of the design engineers, the City and outside agencies. The practice of this informal meeting has paid dividends on past projects, building trust between the construction management team and Contractor, as well as setting a collaborative tone for the project.

Diligently Pursue Project Completion
A lagging or drawn out project completion period can create a perception that an otherwise successful project is not successful. Project closeout within the schedule is of the utmost importance to AKM.

We will diligently pursue all completion activities including collection of all final compliance paperwork from the Contractor, final payment quantities, operation and maintenance manuals, completion of asbuilt record drawings, final guarantees, warrantees, and final lien releases. Our diligence will help ensure that the project comes to an expeditious closure, that permit requirements are met and closedout within the time limits specified, that the project presents no further burden to the public or existing facilities, and that the completed improvements turned over to the City for beneficial use is of the AKM Prop. 23-1061 13 City Council 10 – 68 10/3/2023
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highest quality, and is properly tested to function as intended by the design.

We understand that abbreviated proposals will be solicited from each selected Consultant for each specific Task Order. The City has developed a very detailed typical scope of services that would be requested for each Task Order which we acknowledge in its entirety.

RELEVANT PROJECT EXPERIENCE

LONG BEACH MUNICIPAL STORMWATER TREATMENT FACILITY (LB-MUST) City of Long Beach – 411 W. Ocean Blvd., 5th Floor, Long Beach, CA 90805 Contact: Mr. Colin Averill (562) 570-6679 [email protected] Construction Cost: $45,000,000 A/E Fee: $2,000,000 (to date) Role: Prime Construction Management / Inspection Contractor: Phase I – All American, Phase II – Sully-Miller/Keller, Phase III – Shimmick Construction Co./E2 Construction AKM Staff: E. Kayiran (PM); S. Patterson (CM), J. Lillengreen (CM); CJ Ervin (Inspection); M.

Fredriksz (Inspection); R. Bostic (Inspection); J. Huffman (Inspection); L. Harris (Inspection) COMPLETE UNDER THE ON’CALL SERVICES CONTRACT
AKM is currently providing construction management, inspection, and design quality control services for the City of Long Beach Municipal Urban Stormwater Treatment (LB-MUST) Facility. The project will intercept non-stormwater runoff and a percentage of the first-flush storm flows generated within the City of Long Beach urban watersheds prior to discharging to existing storm drain outfalls flowing into the Los Angeles (LA) River and the Los Angeles River Estuary.

The project is divided into three (3) phases (clearing and grubbing/ initial site preparation (underground utilities and ground stabilization), treatment facility construction, and conveyance system construction).

LB-MUST Street Improvements - AKM completed the construction management and inspection of the clearing and grubbing/initial site preparation phase in 2018. This phase included clearing and grubbing of the proposed site, initial rough grading of the site, removal of buried railroad tracks and ties, installation of K-rail and fencing around the site, establishment of long term stormwater best management practices (BMPs) for the disturbed area and weekly BMP inspections. The work also required the City to relocate a homeless encampment within the work zone. In 2020, AKM completed providing construction management services for Phase II of the program which included the construction of a new low voltage electrical service, reconstruction and realignment of the roadway fronting the proposed treatment plant site, underground utilities such as water, storm drain and recycled water, as well as the installation of 3,100 linear feet of the conveyance pressure pipe system.

LB-MUST Ground Improvements – This phase of the project was completed in January 2021.

Work included furnishing all plant, labor, equipment, and materials; performing all operations as required to construct the deep soil mixing (DSM) ground improvements; and providing all associated testing, monitoring, sampling, and recording. Specific work included: mobilization/demobilization; SWPPP; excavation and placement of 2 stockpiles; disposal of hazardous soil; surveying; Deep Soil Mixing construction in full compliance with bid documents; quality control; and construction of a load transfer platform
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LB-MUST Treatment Plant and Wetlands - AKM provided quality control and constructability review of the proposed treatment plant and conveyance system design of the 90 percent design package and is currently providing construction management and inspection during construction. The treatment is designed with the ability to treat both brackish and non-brackish influent flows through separate treatment trains. The treatment process train consists of influent strainers, ceramic membrane ultra-filtration (UF), and an advanced oxidation process (UV/AOP). The ancillary processes include process pumping, process storage tanks, chemical feeding, and air supply. An RO system can be added to the treatment train in the future, downstream of the UV/AOP, to reduce TDS of the effluent and/or provide additional barriers for potential potable reuse. The ceramic membrane system, which consists of two (2) 1 million gallon per day (MGD) units as well as the UV/AOP were pre-purchased by the City. The treatment facility will be housed within a 9,000 square foot cement masonry unit building with electrical, chemical and control rooms, and will include an HVAC system.

Also being constructed is a wetlands and walking path.

EQUPPING OF WELL 16 AND TREATMENT PLANT
CITY OF PARAMOUNT – 16400 COLORADO AVENUE, PARAMOUNT, CA 90723 CONTACT: MS. ADRIANA FIGUEROA, DIRECTOR OF PUBLIC WORKS (562) 220-2100 CONSTRUCTION COST: $6,800,000 A/E FEES: $1,000,000
ROLE: PRIME CONSTRUCTION MANAGEMENT / INSPECTION CONTRACTOR: MMC INC.

STAFF: E. KAYIRAN (PM/CM); M. FREDRIKSZ (INSP.); R. BIGGER (SPECIAL INSP.); R. BOSTIC (INSP.) COMPLETE UNDER THE ON’CALL SERVICES CONTRACT
AKM is currently completing Construction Management, Inspection and Testing services for the City of Paramount during the project which includes equipping City Well No. 16 with pump, motor, building, piping and appurtenances, and the construction of a Manganese (MN) and future Arsenic (AR) Treatment System to treat approximately 3400 gpm of flow from City Well No. 16. The treatment system raw water quality for design purposes was assumed to have an arsenic (AR) concentration of 12 μg/lit, and a manganese concentration of 59 μg/lit. Removals should provide a finished water quality with an MN of 2 μg/lit. The facility is designed for expansion to be able to treat and remove AR down to 2 μg/lit if in the future it exceeds the primary MCL level of 10 μg/lit in the well water. In addition, the work of this Contract will include the destruction of Well No. 13 and the demolition of the Well No. 13 site. The Contractor will be required to remove, salvage and transport to Well No. 16 several of the existing facilities/equipment at Well No. 13 including treatment vessels and the existing backwash tank.

JOINT TRANSMISSION MAIN VAULTS UPGRADE
South Coast Water District – 31592 West Street, Laguna Beach, CA 92651 Contact: Ms. Taryn Kjolsing, Engineering Manager (949) 499-4555 x3171 [email protected] Role: Prime Construction Management / Inspection Contractor: W.A. Rasic Const. Cost:
$900,000 A/E Fees: $93,000 AKM Staff: E. Kayiran (PM); M. Fredriksz (CM/Inspector) COMPLETE UNDER THE ON’CALL SERVICES CONTRACT
AKM provided construction management and inspection services for the Joint Transmission Main Vault Upgrade Project for South Coast Water District. Work included construction of structural and mechanical improvements to four valve vaults, one water meter vault, and one drain unit. Scope of work included: removal of large diameter ball valves (24” and 30”), removal of 42” ball valve, removal of 24” water meter, extension of existing concrete vaults walls to above ground and installation of aluminum access hatches, installation of new ladders, vent pipes in the vaults, construction of 24” steel pipe AKM Prop. 23-1061 15 City Council 10 – 70 10/3/2023
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spools in the place of removed water meter and valve, installation of Owner provided 30” ball valve and miscellaneous site work.

Problems/Issues: The major mechanical work was completed during a 14-day shutdown of the JTM line which required coordination with both SCWD and Moulton Niguel Water District operations staff as the JTM line is jointly owned and operated. In order for all work to be completed within the shutdown duration, and to the quality standards set forth in the Contract Documents, AKM’s team conducted pre-shutdown field meetings and inspected all materials required for the work prior to the shutdown. The work during the shutdown was completed one day earlier than anticipated.

The project was located within a private gated retirement community and required close coordination with the property management company and community representatves. With consistent and clear communication regarding the construction activities and their potential impacts, the community representatives were able to properly plan and communicate with residents. As a result, the project received no resident complaints.

LOS ANGELES “SOFI” STADIUM AND ENTERTAINMENT DISTRICT AT HOLLYWOOD PARK RECLAIMED WATER PLANS PHASE 1
West Basin MWD – 17140 South Avalon Boulevard, Suite 210, Carson, CA 90746 Contact: Mr.

Kevin Cullen (310) 217-2411 [email protected]
Inspection Contractor: Ferreira Costal Construction Construction Cost: $10,000,000 A/E Fee:
$175,000 AKM Staff: E. Kayiran (PM); M Fredriksz (Inspection); F. Morales (Inspection) Role: Prime Construction Management /
COMPLETE UNDER THE ON’CALL SERVICES CONTRACT
AKM provided Construction Inspection for the project which involved the construction of approximately 13,500 lineal feet of 8 inch to 12 inch PVC recycled water pipe. Also included were valves, air/vacs and blow-offs, as well as hydr ostatic testing and flushing of the completed pipeline. The pipeline serves recycled water for irrigation at the new Los Angeles Rams/ Los Angeles Chargers “SoFi” Stadium and Entertainment District, as well as filling a lake within the entertainment district. The pipeline was constructed by Turner/AECOM, the developer of the stadium and entertainment district; yet will be owned and operated by West Basin Municipal Water District. With 49 different contractors working on the site each day, communication and coordination at the field level was critical to maintain schedule. The work on this portion of the project started and stopped at times to accommodate other work on the stadium. AKM therefore had to be extremely responsive to schedule changes and restarting work on short notice.

CYPRESS WATER PRODUCTION FACILITY UPGRADES
City of Lomita – 24300 Narbonne Avenue, Lomita, CA 90717 Contact: Mr. Mondher Saied, P.E., (310) 325-7110 x110 [email protected] Construction Cost: $3,571,000 A/E Fee: $500,000 Role: Prime Construction Management / Inspection Contractor: RC Foster AKM Staff: E. Kayiran (PM); R. Bostic (CM/Lead Insp.) AKM Consulting Engineers is currently providing construction management and inspection for the project which includes construction of a Granular Activated Carbon (GAC) treatment facility and associated ancillary equipment at the City of Lomita’s Cypress Water Production Facility. The facility is currently inoperable due to high sulfides which cannot be removed with the existing treatment equipment. The new GAC system will remove sulfides to within acceptable levels. Additional work also includes design, installation and commissioning of a security system; site work (demolition, work, excavations); pipelines; canopy; electrical, controls and instrumentation; startup testing, and training; potholing; a portable generator relocation; and site shoring.

AKM Prop. 23-1061 16 City Council 10 – 71 10/3/2023
On-Call CM/I
PFAS/PFOA TREATMENT AT WELLS 11, 8, AND 5A
Pico Water District – 4843 Church Street, Pico Rivera, CA 90660 Contact: Mr. Joe Basulto, General Manager (562) 692-3756 jbasultopicowaterdistrict.net Construction Cost: $5,000,000 A/E Fees: $250,000 Completion: 2023 (estimated) AKM Staff: E. Kayiran (PM), J. Lillengreen (CM); R. Bostic (Inspector) AKM is providing Construction Management
and Inspection for the project includes the
construction of lead-lag dual media pressure
vessel systems with PFAS selective ion
exchange resins, pre-treatment cartridge filters,
and piping and appurtenances for PFAS
treatment facilities at Pico Water District’s Wells
5A, 8, and 11. AKM prepared an Engineering
Report to be reviewed by the State Water Resources Control Board Division of Drinking Water, and assisted the District with coordinating the required pilot study with the resin manufacturer at of the District’s Well 11. The improvements included new reinforced concrete foundation slabs, 2 to 4 ion exchange vessels and 2 to 3 cartridge filters per site, as well as new instrumentation and appurtenances, and the relocation of the disinfection chemical injection locations. AKM also prepared pre-purchase specifications for the dual media vessels, ion exchange resin, and the cartridge filters.

The project is currently under construction.

LEO J. VANDER LANDS WATER TREATMENT FACILITY CALCIUM CHLORIDE BULK

STORAGE EXPANSION
Water Replenishment District - 4040 Paramount Blvd., Lakewood, CA 90712 Contact: Jessica Koop (562) 275-4219 [email protected] Construction Cost: $ $650,000 A/E Fees: $ $197,000 Role: Prime Construction Management / Inspection Contractor: Pascal and Ludwig AKM Staff: E. Kayiran (PM). S. Patterson (CM/Inspector); C. Ervin (Inspector); R. Bostic (Inspection)
AKM provided Construction
Management and Inspection
services for the LVL Calcium
Chloride
Expansion
Bulk
Project
Storage
which
entailed an expansion of the
existing calcium chloride bulk
storage system within the Leo J.

Vander Lans Advanced Water Treatment Facility (LVLAWTF). The Project provided a new 5,000 gallon tank resulting in total storage capacity of 10,000 gallons. Construction elements necessary for completion of the system expansion included demolition work and clearing of the proposed location of the expanded bulk storage system, relocation of an existing RO pilot system and termination of associated piping, conduit and wire; potholing of existing utilities and verification of the availability of existing spare electrical conduits; construction of a steel framed canopy and roof including a reinforced concrete slab and containment wall coated with a corrosion resistant coating; new double containment piping, chemical pipe trench, and valves including a new calcium chloride fill station and a connection to the calcium chloride metering system; installation of a new 5,000 gallon high density polyethylene calcium chloride storage tank; new electrical conduit and conductors, new instrumentation, as well as integration with the existing SCADA system.

AKM Prop. 23-1061 17 City Council 10 – 72 10/3/2023
On-Call CM/I

BELLFLOWER / SPRING BRIDGE REPAIR
City of Long Beach – 411 W. Ocean Blvd., 5th Floor, Long Beach, CA 90805 Contact: Mr. Alvin Papa, Deputy Director of Public Works for the City of Huntington Beach (714) 536-5503 [email protected] Construction Cost: $500,000 A/E Fee: $25,000 (to date) Dates: 2020 Role: Prime Construction Management / Inspection Construction Company AKM Staff: E. Kayiran (PM)
Contractor: Doty Bros.

AKM Consulting Engineers provided construction management and inspection services for the Project which involved repair of a damaged section of the Bellflower / Spring Bridge which also serves as a quadruple box culvert under the road. The culvert was damaged by a Contractor performing work at street grade for Southern California Edison (SCE) under a City issued encroachment permit. Because the City had jurisdiction of the bridge and street, and County of Los Angeles Flood Control District (LACFCD) owns and maintains the drain age culvert, SCE’s repair contractor was required to obtain permits from both the City and LACFCD. The work entailed constructing a diversion of dry-weather drainage flows away from the culvert chamber where the repair was located, the erection of a designed falsework system within the culvert underneath the location of the repair, the demolition and removal of a 25 by 15 foot section of the bridge/culvert, sandblasting of existing reinforcement bar, doweling and epoxy setting new reinforcement into the existing concrete and placement of new concrete.

The work required traffic control beginning at the 405 freeway as well as a full street closure during concrete placement, which was performed at night. Due to the urgency to complete the work within a dry weather window and relive the public of the burden caused by the work, Construction was performed in both day and night shifts, 7 days a week. AKM rotated inspectors to adequately cover the work which required close communication amongst the AKM team as well as all involved parties.

NORTH HEALTH FACILITY
City of Long Beach – 411 W. Ocean Blvd., 5th Floor, Long Beach, CA 90805 Contact: Nancy Villasenor [email protected] (562) 570-3165 A/E Fee: $160,000 Dates: 2020-2021 Role: Prime Construction Management / Inspection Contractor: HHJ Construction AKM Staff: E. Kayiran (CM) AKM Consulting Engineers provided construction management and inspection for the North Health Facility in the City of Long Beach. The project involves the rehabilitation of a City owned municipal building which formerly housed the City of Long Beach’s Health Department as well as a child day care. The building was not occupied at the start of the project and will ultimately be occupied by a health clinic run by the City Health Department, as well as new offices for Health Department staff. The tenant improvements include removal and replacement of the existing floor, asbestos abatement throughout the entire facility, replacement of exterior windows, the construction of new partition walls, the relocation and reconstruction of restroom facilities, the removal and reconstruction of kitchen facilities, construction of a new HVAC system, wiring for new electrical receptacles and data ports throughout the building, ADA improvements within the existing parking lot, the construction of a new roofing system and replacement of the building’s drop ceiling.

AKM Partnered with the City to implement a system of analyzing and providing recommendations for the change orders submitted by the Construction Contractor. The system proved very effective in eliminating change orders and claims that lacked merit.

AKM Prop. 23-1061 18 City Council 10 – 73 10/3/2023
On-Call CM/I
AKM has entered into On-Call Contracts with the following agencies in the past 5 years:









City of Fontana (2020-Current) - On-Call (Construction Management and Inspection) City of Paramount (2020-Current) - On-Call (Construction Management and Inspection) City of Santa Ana (2020-Current) - On-Call (Construction Management and Inspection) City of Corona (2019-Current) - On-Call (Inspection Services) West Basin MWD (2016-Current; Third Tern) - On-Call Construction Management Water Replenishment District (2018-Current) - On-Call (Construction Management Services) South Coast Water District (2020-Current) - On-Call (Construction Management and Inspection) City of Long Beach (2016-Current) - On-Call (Construction Management and Inspection Services) Ontario MUC (2016-Current) - On-Call (Engineering Services for Construction Management and Inspection)

REFERENCES
AKM Consulting Engineers has completed, and/or is currently working on construction management assignments for the following clients. Contacts are listed for your reference to confirm the quality of our work and responsiveness provided by AKM.

City of Long Beach – 333 W. Ocean Blvd., 9th Floor, Long Beach, CA 90802 Contact: Colin Averill (562) 570-6679 [email protected] Project: On-Call Construction Management and Inspection Services Water Replenishment District – 4040 Paramount Blvd., Lakewood, CA 90712 Contact: Mario Bautista (562) 275-4300 [email protected] Project: On-Call Construction Management and Inspection Services West Basin Municipal Water District - 17140 S. Avalon Blvd., Suite 210, Carson, CA 90746 Contact: Ms. Veronica Govea, Project Manager (310) 660-6269 [email protected] Project Title: On-Call Construction Management and Inspection Services City Of Paramount – 16400 Colorado Avenue, Paramount, CA 90723 Contact: Ms. Adriana Figueroa, Director of Public Works (562) 220-2100 Project: Equipping of Well 16 and Treatment Plant
City Of El Segundo – 350 Main Street, El Segundo, CA 90245 Contact: Ms. Floriza Rivera (310) 524-2361 [email protected] Project: Various Street, Water and Sewer Improvement Projects South Coast Water District - 31592 West Street, Laguna Beach, CA 92651 Contact: Ms.Taryn Kjolsing (949) 499-4555 x 3171 [email protected] Project Title: Lift Station No. 6 Forcemain Replacement Project

SCOPE OF SERVICES AND SCHEDULE
As previously mentioned in the scope of work section, AKM has a strong history of being able to quickly respond and mobilize for resolution of all issues. AKM is able to do this by not over committing our resources. We have analyzed our current workload and are offering an elite team who will maintain the necessary availability for the life of the Contract. Additionally, responsiveness is a hallmark of our team. We understand the importance of being responsive to our clients in order to facilitate timely commencement, progress, and conclusion of the project.

While the project schedule will largely be driven by contractually required milestone dates, and the construction schedule developed by the awarded contractor, AKM will maintain consistency in our response timeframes to ensure we are playing an active role in advancing the project forward. The following are our proposed response times or deliverable timeframes for the project.  Response to Change Order Proposals: 1 to 3 business days depending on size, scope and complexity of the change order.
 Submission of Daily Reports: All Daily Reports will be submitted by 9:00 AM the following business day. In most cases, the Daily Report will be provided the same day.

AKM Prop. 23-1061 19 City Council 10 – 74 10/3/2023
On-Call CM/I


Baseline Schedule Review: 1 to 5 business days depending on size and complexity of the schedule submitted.

CPM Schedule Update: 1 to 2 business days depending on number of changes made in the schedule.


Monthly Report: 5 business days following the last working day of the Month.

Field Compliance Documents: Field compliance documents such as materials certificates, material tickets and testing reports will be kept in the master project file and made available to the City within 2 business days. Additionally, a copy of the documents will be included as an attachment in the Inspector’s Daily Report.





As-Built Drawings: 2 business days once reconciled with the Contractor’s records.

Closeout Documents: 1 business day once received from the Contractor.

Request to Mobilize for the Project: 1 business day.

Deployment of Web Based Project Management or Document System: 2 to 4 business days.

Meeting Minutes: 1 to 3 business days depending on length and complexity of the meeting.

FEE PROPOSAL
Rate schedule is being provided under separate file as requested in the RFP and on Planetbids.

This schedule is valid for three years.

CERTIFICATIONS
The forms requested in the RFP can be found in Appendix A, which include Non-Collusion Affidavit, Non-Lobbying Certification, and Non-Discrimination Certification.

AKM Prop. 23-1061 20 City Council 10 – 75 10/3/2023
Forms
City Council 10 – 76 10/3/2023
City Council 10 – 77 10/3/2023
City Council 10 – 78 10/3/2023
City Council 10 – 79 10/3/2023
City Council 10 – 80 10/3/2023

EXHIBIT C

COMPENSATION
Consultant’s Fee Proposal including hourly rates, if applicable City Council 10 – 81 10/3/2023
City Council 10 – 82 10/3/2023
On-Call CM/I

AKM CONSULTING ENGINEERS

RATE SCHEDULE
Job Title Fixed Hourly
Rate
$269
$269
$261
$248
$220
$195
$228
$190
$165
$177
$157
$144
$124
$115
$114
$105
$89
Principal
Principal Engineer
Project Manager
Project Engineer
Senior Construction Manager
Construction Manager
Senior Engineer
Senior Field Engineer / Inspector
Field Engineer / Inspector
Associate Engineer
Staff Engineer
Financial Analyst
Senior Designer / Senior CADD
Designer / CADD
Assistant Engineer
Engineering Tech
Engineering Aide
Office Support $89
Data / Word Processing $86
Out of pocket expenses (blueprinting, reproduction and printing, delivery, etc.) will be invoiced at cost plus 10%. Subcontracted services will be marked up 10% in order to cover costs associated with administration, coordination and management of subcontractors.

Mileage will be invoiced at $0.70/mile. This schedule of rates is in effect until December 31, 2026, at which time it may be adjusted.

AKM Proposal No. 23-1061 2
City Council 10 – 83 10/3/2023
EXHIBIT 3
City Council 10 – 84 10/3/2023
City Council 10 – 85 10/3/2023
City Council 10 – 86 10/3/2023
City Council 10 – 87 10/3/2023
City Council 10 – 88 10/3/2023
City Council 10 – 89 10/3/2023
City Council 10 – 90 10/3/2023
City Council 10 – 91 10/3/2023
City Council 10 – 92 10/3/2023
TYSON C. ATWOOD Senior Vice President
City Council 10 – 93 10/3/2023

EXHIBIT A

SCOPE OF SERVICES
City Council 10 – 94 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 – 95 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 – 96 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 – 97 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 – 98 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 – 99 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 – 100 10/3/2023

EXHIBIT B
CONSULTANT’S PROPOSAL
City Council 10 – 101 10/3/2023
City Council 10 – 102 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 Anser Advisory
Table of Contents

1. Statement of Qualifications ..................................................................................................................................... 1 A. Cover Letter.................................................................................................................................................................................................... 1 B. Contract Agreement Statement ..................................................................................................................................................................... 3 C. Firm and Team Experience ............................................................................................................................................................................. 3 Firm Overview ............................................................................................................................................................................ 3 Relevant Firm Experience ........................................................................................................................................................... 3 Project Team Overview .............................................................................................................................................................. 4 D. Understanding of Need/ Schedule Delivery .................................................................................................................................................. 7 E. Relevant Project Experience .......................................................................................................................................................................... 7 F. References ...................................................................................................................................................................................................... 9

2. Scope of Services and Schedule ............................................................................................................................... 10

1. Resident Engineer/Administrator ................................................................................................................................................................... 10

2. Bid Analysis .................................................................................................................................................................................................... 10

3. Staff Reports .................................................................................................................................................................................................. 10

4. General Construction Administration ............................................................................................................................................................ 10

5. Submittal/RFI Review & Processing ............................................................................................................................................................... 12

6. Constructability Review .................................................................................................................................................................................. 12

7. Change Order Review .................................................................................................................................................................................... 13

8. Safety ............................................................................................................................................................................................................. 13

9. Progress Payments ......................................................................................................................................................................................... 13

10. Inspections ................................................................................................................................................................................................... 14

11. Claims ........................................................................................................................................................................................................... 14

12. Prevailing Wage/ Labor Compliance ............................................................................................................................................................ 15

13. CWA Compliance .......................................................................................................................................................................................... 16

14. Project Closeout ........................................................................................................................................................................................... 16

15. Community Outreach ................................................................................................................................................................................... 17

16. Federal Requirements................................................................................................................................................................................... 17 a. Anticipated Approach ............................................................................................................................................................. 18 b. Necessary Tasks for Successful Completion ............................................................................................................................. 18 c. Deliverables ............................................................................................................................................................................ 18 d. Suggestions or Special Concerns ............................................................................................................................................. 19 e. Assumptions and/or Exclusions ............................................................................................................................................... 19

3. Fee Proposal *(individual attachment) ..................................................................................................................................................................................

4. Certifications ........................................................................................................................................................... 21

5. Resumes .................................................................................................................................................................. 24 City Council 10 – 103 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 1 | Anser Advisory

1. Statement of Qualifications A. Cover Letter
August 8, 2023
City of Santa Ana, California
Public Works Agency
20 Civic Center Plaza, M-36 Santa Ana, CA 92701
Attn: Edward Torres, Senior Engineer
(714) 647-5018 | [email protected]
Re: Request for Proposals (RFP) for On-Call Construction Management and Inspection Services (RFP No. 23-122) We at Anser Advisory Management, LLC, dba Anser Advisory (Anser) are pleased to present the following proposal to provide On-Call Construction Management and Inspection Services to the City of Santa Ana (City) for the City’s Capital Improvement Plan (CIP) Projects. We recognize that the level of staff required to best address the diversity of anticipated upcoming projects with the City of Santa Ana will vary based on each project’s size as well as the availability of the City’s internal resources to also support these anticipated projects. Anticipated projects span from street improvement, storm drain, traffic safety, utilities, lighting, water, sewer, parks, trails, and other public work projects as well as various public facility improvements to include the City Hall, zoo, community centers, and recreation facilities, highlighting the need for a highly experienced team of experts with a broad range of aptitudes.

The City will benefit from a local Santa Ana firm (headquartered in Santa Ana) who is able to provide flexible and skillful staffing solutions to fit each project’s unique needs. Anser can and will provide these solutions, with a diverse skillset and solid reputation for offering similar services within the City as well as to other similar-sized local municipalities and public agencies throughout Southern California.

Serving as a local leader in construction management and inspection for public agency projects throughout Southern California, our proposal demonstrates a selection of our experience in providing these services on similar contracts and projects, highlights our proposed staff’s education and experience, details our understanding of the scope of services and methodology of performing these services, and also confirms to the City our cost-effective rates and fees.

Our team’s combined experience, coupled with a deep understanding of best practices in coordination of diverse, complex, simultaneously occurring projects, enables us to confidently offer the following key traits to the City of Santa Ana: Experience, Commitment, and Responsiveness.

Experience: Our team’s Principal-in-Charge, Tyson Atwood, PE, QSD, a local Orange County resident, brings 20 years of broad experience in managing over $500 million of increasingly complicated projects heavily focused on public facilities, multi-modal path and trail systems, roadways, grade separations, infrastructures and other public works construction. Tyson’s recent experience includes the $23.7million North Sphere Fire Station for the City of Palm Desert, the nearly $100 million 40-mile multi-modal corridor CVLink project for the Coachella Valley Association of Governments, and the $14 million I-10 at Alabama Street Improvement Project for San Bernardino County Transportation Authority (SBCTA).

Tyson is supported by a range of other highly experienced subject matter experts addressing each of the potential upcoming projects described in the City’s Capital Improvement Plan. These leaders include: Jonathan Smith, PE, QSD, who is a former Director of Public Works and who brings over 30 years of engineering, design oversight, and project and construction management experience with a particular emphasis in public works infrastructureoriented projects; Stephen Mutch, PE, CCM, Associate DBIA, QSD, who provides over 34 years of diverse experience with a particular emphasis on municipal projects, including libraries, municipal administration buildings, parks, and recreation facilities; Sunil Mallaiah, MSCE, Associate DBIA, LEED GA, whose background serving as a Regional Director of Construction for Los Angeles Unified School District (the second largest school district in the City Council 10 – 104 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 2 | Anser Advisory

1. Statement of Qualifications A. Cover Letter
U.S.) and over 25 years of industry experience lends itself to the efficient oversight of construction management on vertical construction projects; and Lucas Rathe, PE, QSD, whose focus in transportation and infrastructure projects over the last 16 years has positioned him as a construction management expert for roadway, bridge, grade separation and other transportation-oriented projects.

In addition to these key proposed staff, we have included several other highly qualified construction managers and inspectors, many of whom reside in Orange or Riverside Counties and all of whom are based out of our Santa Ana office.

Commitment: The Anser team goes above and beyond for our clients. Our team commits to supporting the City’s goals as follows:
ƒ Work collaboratively and proactively with all stakeholders ƒ Work collaboratively with construction contractors to deliver projects on time and within budget ƒ Comply with all applicable codes and regulations, permits, and mitigation monitoring requirements ƒ Comply with the Prevailing Wage, Davis Bacon, Disadvantage-Business Enterprise (DBE), and Project Labor Agreement requirements, as applicable ƒ Provide inspection in compliance with all federal, state, and local standards for right-of-way, street use, and other permits issued to private utilities or contractors
ƒ Provide the right expertise and resources to address each project need Responsiveness: Information, decisions, cost, and time are all drivers by which our clients assess our performance. Bringing project and construction management veterans with extensive knowledge, combined with technical expertise and wide-ranging experience in similar work, assures the highest level of performance and the best resources throughout each City project.

We appreciate this opportunity to provide our qualifications, and further appreciate the opportunity to partner with the City of Santa Ana on your future work ahead. We look forward to the next steps in this solicitation process, and thank you for your time and consideration.

Sincerely,
Tyson Atwood, PE, QSD
Principal-in-Charge, Senior Vice President / Managing Director [email protected] | (714) 276-1135
2677 N. Main Street, Suite 400, Santa Ana, CA 92705
City Council 10 – 105 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 3 | Anser Advisory

1. Statement of Qualifications
Firm Overview
Anser Advisory is a national firm specializing in project, program and agency construction management and
controls as well as capital program advisory and
consulting services, including strategy, funding, process, and organization preparedness. Our services cover
the capital development cycle from planning through
construction and closeout. Our services begin with
early phase strategic, organizational and program
planning and continue through managing the tactical
execution of each project or initiative. We operate
nationally, with a diverse, talented staff of over 1,200 professionals, however, we leverage our local offices
to support Southern California clients, including
offices located in Santa Ana, Los Angeles, San Diego,
and Palm Desert, encompassing over 250 employees
including construction managers, program and project
managers, inspectors, schedulers, architects, engineers, estimators, management consultants, claim specialists,
financial analysts, procurement specialists, system
configuration specialists, and construction auditors.

Anser Advisory is a California Limited Liability Company.

We were established over 27 years ago, previously
known in the Southern California area as Simplus
Management Company (Simplus). In June 2018, Simplus
was co-joined with a series of other firms as Anser
Advisory, LLC as part of a strategic growth and service offering enhancement. This acquisitive growth, coupled
with our focus on our client’s needs, provides our team with the diverse and robust expertise required to deliver necessary services to our clients.

Relevant Firm Experience
Anser is a national firm specializing in project, program and agency construction management and controls as
well as capital program advisory and consulting services, including strategy, funding, process, and organization
preparedness. Anser services cover the capital
development cycle from planning through construction
and closeout. Based on the needs of our clients, we have the capability, experience, and expertise to provide the following services:
ƒ Program Management
ƒ Project and Construction
Management
ƒ Resident Engineering
ƒ Structure Representative
ƒ Office Engineering
ƒ Quality Assurance
ƒ Risk Mitigation
Management
ƒ Project Controls
ƒ Cost Estimating
ƒ Scheduling
ƒ Inspection
ƒ Constructability Review
ƒ Utility Relocation
Management
ƒ Claims Analysis and
Support
ƒ Stormwater Compliance
Monitoring
ƒ Contract Administration
ƒ Sustainability Program
Planning and Support
ƒ Traffic Control Support
ƒ Construction Cost
Accounting/Auditing
Anser approaches management with a unique style,
directed towards extensive communication, efficiency,
value engineering, and risk analysis, assessment, and
mitigation early in the project. We focus on being proactive and extremely responsive to our clients. We combine
an assertive attitude, practical field knowledge, and an in-depth understanding of cost control and schedule
adherence Anser utilizes the most used accounting
software in the A&E industry, Deltek Vision to control
our cost accounting and generate invoices. In addition, spending curves will be generated with each invoice which will depict our planned versus current spend rate.

C. Firm and Team Experience
B. Contract Agreement Statement
Anser Advisory has no concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix

DIFFERENCE
THE
Established 1996
Reorganized as
Anser Advisory 2018
National Personnel
1,200+
250+
Local California Personnel
Regional Offices
Los Angeles
Santa Ana
Palm Desert
San Diego
$1B+
Current Municipal Capital Project
Construction Value
Industry Recognition:

City Council 10 – 106 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 4 | Anser Advisory

1. Statement of Qualifications
Project Team Overview with Project Availability
Anser is dedicated to supporting the staffing needs of
any contract that we commit to.

Anser’s staff and resources provide maximum
flexibility to meet our clients’ scheduling needs.

C. Firm and Team Experience

TYSON ATWOOD
Principal-in-Charge
Resident Engineer / Contract Administrator
(Percent of Time Available: 25%)
Construction Managers:

Jonathan Smith (35%)
Chris Heidel (40%)
Pedram Abbassi (40%)
Gary McCredie (25%)
Andres Adame (25%)
Hamed Soltani (25%)
Construction Inspectors:

Tom Hall (40%)
Jeremy Hooper (40%)
Greg Swan (40%)
Jim Bonelli (40%)
Water/ Sewer/ Utilities Parks/ Facilities Buildings Road Infrastructure/ Bridges Construction Managers:

Stephen Mutch (35%)
John Reidinger (40%)
Ben Torres (40%)
Adam Hunt (25%)
Tony Gatoff (25%)
John Duong (25%)
Hamed Soltani (25%)
Construction Inspectors:

Ryan Carey (40%)
Elyas Ali (40%)
Construction Managers:

Sunil Mallaiah (35%)
Kashan Bhatti (15%)
Parrish Dyer (25%)
Jason Rechlecki (25%)
Ryan Marcy (25%)
Robert Smith (25%)
Marc Gravallese (50%)
Construction Inspectors:

Tony Harris (40%)
Donald Rose (40%)
Mario Espinoza (40%)
Construction Managers:

Lucas Rathe (35%)
Greg Gwozdz (25%)
Musaab Al Madhadi (25%)
Gary Yeo (25%)
Bryan Tuschhoff (40%)
Farzad Vakilitabar (40%)
Construction Inspectors:

Dakota Mebane (40%)
Dean Rafferty (40%)
Michael Chevalier (40%)
Patrick Shen (40%)
3QC
Michael Kalemkaryan
Commissioning Agent
Lynn Capouya Inc.

Patricia Lear
Assistant Project Manager
Cong Phui
Irrigation Designer
MBI Media
Brad Jensen
Senior Resource Project
Manager
Kristyn Bogda
Deputy Project Manager
Elizabeth Mazariegos
Project Manager
Noemi S. Luna
Project Manager
P2S
Lars Henderson
Electrical Engineer
Scott Newman
Mechanical Engineer
Eric Gomez
Plumbing Design Engineer
Karl Von Der Linden
Technology Consultant
Steven Burman
Security System Designer
Benjamin Wong
Technology System Designer
Pacifica Services
Edith Bolanos
Labor Compliance Analyst
Majorie Gayle
Labor Compliance Officer
Matthew Ibaven
Labor Compliance Analyst
STC Traffic
Brett Hansen
Construction Manager
Kevin Stone
Construction Engineer/
Sr. Inspector
Rob Blough
Principal Engineer
Additional Support Services
Available As-Needed
The nature of our work requires us to
periodically provide services on an expedited
basis. Our typical backlog is made up of many
variable duration assignments and therefore,
our workload varies on a weekly basis.

City Council 10 – 107 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 5 | Anser Advisory

1. Statement of Qualifications C. Firm and Team Experience STEPHEN MUTCH, PE, CCM, ASSOC. DBIA, QSD | SUBJECT MATTER SPECIALIST Stephen has over 34 years of broad civil design and construction management experience for various types and sizes of public agency capital improvement projects and Federal facilities. His background includes environmental system design and operations, vertical building, heavy horizontal, and underground utility projects. Clients rely on his expertise in permitting, sighting of facilities, project commissioning, coordination and oversight of design teams, stakeholder and third-party coordination, and environmental compliance. With Stephen’s depth of experience in leading teams, he offers another level of redundancy in the overall program management of our team.

Park/Facilities
JONATHAN SMITH, PE, QSD | SUBJECT MATTER SPECIALIST
Jonathan is a hands-on, results-oriented leader with a proven history of productivity and an ability to take complex issues and get to a consensus quickly. During his 30 plus-year career, he has worked for numerous agencies throughout Southern California in roles varying from Director of Public Works to Senior Civil Engineer. He has experience related to construction management and design of water/wastewater projects, roadways, sound walls, retaining walls and buildings. He has served as Project Manager, Resident Engineer, Construction Scheduler, Estimator and Construction Inspector. Jonathan has been responsible for roadway design and construction, storm water pollution prevention plan preparation and compliance, various other experiences. Jonathan is a highly effective manager with an extensive amount of experience and skills.

Water/Sewer/Utilities
TYSON ATWOOD, PE, QSD | PRINCIPAL- IN- CHARGE
Tyson will be the Principal-In-Charge, Resident Engineer, and Contract Administrator for these projects. For over 20 years, Tyson has worked in the construction industry managing increasingly complex projects, managing multiple projects over $100 million in construction value. He has a diverse background managing projects in the municipal, transportation, aviation, energy, and water/wastewater industries. Tyson also has vast experience in Active Transportation (ATP) construction having managed over 50 miles of Class I, II, and IV facilities. He is highly experienced with both the Caltrans Standard Specifications and “Greenbook.” Tyson is also an advanced user with software, including Bluebeam Revu, Primavera P6, e-Builder, AutoCAD, Microsoft Word, and Excel.

PIC/ Resident Engineer/Contract Administrator
City Council 10 – 108 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 6 | Anser Advisory

1. Statement of Qualifications C. Firm and Team Experience LUCAS RATHE, PE, QSD | SUBJECT MATTER SPECIALIST
Lucas is a multi-disciplined resident engineer and project manager who possesses the experience, lessons learned, and communication skills to lead and manage any construction project. Lucas has managed a large variety of construction projects of various sizes and scopes. Regardless of the cost, scope or complexity, Lucas implements the fundamentals of construction management to maintain safety, quality, schedule and compliance on any project. These fundamentals are rooted in communication and decision making for what is best for the project to move forward to maintain schedule, reduce risk, and maintain budget.

Road Infrastructure/ Bridges
SUNIL MALLAIAH, MSCE, A. DBIA, LEED GA | SUBJECT MATTER SPECIALIST Sunil is a civil engineer with over 25 years of construction and management experience, including work for the Port of Los Angeles, Los Angeles County Metropolitan Transportation Authority, Loyola Marymount University, as well as the Los Angeles Unified School District, for which he has managed over $2 billion in capital improvement programs as their Regional Director of Construction. Sunil is based in the Santa Ana office of Anser. Hiss technical abilities and project scheduling background allow him to identify issues early and initiate timely mitigation efforts. He emphasizes an in-depth understanding of contract specifications concerning quality and compliance, which reduces and mitigates potential impacts on the project and minimizes project costs.

Buildings
City Council 10 – 109 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 7 | Anser Advisory

1. Statement of Qualifications
D. Understanding of Need/ Schedule of Delivery
Anser will provide its best professional advice and consultation in a timely manner concerning construction management (CM), contract administration, planning, organizing, implementing, monitoring, and managing the construction of the City of Santa Ana’s Capital improvement Projects. The City contemplates a substantial Capital Improvement Program over the next several years and the program will consist of a variety of construction projects.

Anser has reviewed the City of Santa Ana Capital Improvement Projects and has identified potential projects for the on-call Professional CM support services contracts. Projects are expected to include Street Improvements (improvement of pavement conditions, sidewalk and alleys), Traffic Improvements (evaluate traffic collisions and congestion, identify and map safe routes to schools, and provide walkable and bikeable streets), utility/drainage/ lighting improvements (delivery of water and sanitary sewer services to the City’s customers, address aging storm drain system and reduce storm water runoff), and City and park facilities (identifying deferred maintenance and capital projects to support facilities such as City Hall, Ross Annex, forty-seven (47) parks, six (6) joint-use facility sites, thirteen (13) community centers, two (2) tennis centers, five (5) municipal swimming pools, bicycle & recreational trails and the Santa Ana Zoo.

The City requires its on-call CM consultant to support the City, represent its interests, and lead the everyday efforts in the planning, entitlement, design, construction, and oversight of assigned projects for various Capital Improvements within the purview of the Public Works Department.

A successful project is achieved by fostering good relationships between project team members, including City staff, the design firm, and the Contractor.

As the Owner’s Representative, we will help establish good relationships with all team members, creating efficient chains of communication and treating all parties fairly and with respect. Our goal is for all parties to work cohesively as one project team to make sure that the project is constructed to the required quality, economic, and safety standards. Before we can accomplish these goals, we must first understand the viewpoints of not only the City but also, just as important, perspectives of the A&E firm. This allows us to analyze critical situations from all views and work with the project team to develop the best solutions throughout the project life cycle, from design to commissioning and close-out.

Water/ Sewer/ Utilities
• City of Corona: Arantine Hills Sewer & Water Project | Prime Water and Sewer Inspection Services
Anser has been providing inspection
services for the Arantine Hills project
for over a year. Project elements
involve water and sewer pipelines, lift
stations, reservoirs, streets, roadways,
streetlights, facilities, parks, land
development, and utility relocations.

In addition to providing inspection
services, Anser staff coordinates with approximately five merchant builders that requires regular and constant communication to coordinate overlapping construction activities.
• Wardlow Park Community Center Roof Replacement ($750K) 2023 - Current | Prime, JOC
This project will remove and replace the community center’s existing gravel roof system, HVAC equipment and furnishings, including additional water drainage building improvements.

Anser will be providing
construction management
services throughout all
phases of this project. Anser
will provide part time support
to manage site work and all
project document control
management for the City of
Long Beach. Anser is currently
awaiting additional project
details to review plans and meet with the City to discuss finalized scope of work. • City of Corona: Keith 1220-Zone Potable Water Storage Tank and Pump Station Project |
• City of Huntington Beach: Slater Lift Station | ($4M) • City of Huntington Beach: Edwards/Varsity Water Main
Replacement| ($1.8M)
• City of Corona: Prado Dam Flood Inundation Utility Retro E. Relevant Project Experience
City Council 10 – 110 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 8 | Anser Advisory

1. Statement of Qualifications E. Relevant Project Experience Parks
• City of Long Beach: Davenport Park Phase II - Park Expansion ($8.4M) 2023 - 2024 | Prime,
Construction Management
This project will expand upon the existing

5.5-acre park to 11.5 acres of total park
area. The project will include a natural
turf sports field, lighting, outdoor seating,
fitness stations, walking trails, storm water
improvements, new landscaping, and a new
asphalt road and parking area. This project is currently in the pre-construction phase and is part of a multiphase program to improve this site. Anser is actively providing preconstruction planning and construction management services. • City of Long Beach: El Dorado Park Artificial Turf Soccer Field ($3.1M) March - September 2021 | Multi-Prime, Project Management
The project provided an artificial turf
soccer field with an integrated high
pressure cooling system, new portable
goals, new protective netting behind goal,
and new decorative fencing. New ADA
curb ramps, pathways, and parking was
added. Landscaping and site improvements
included trees, sod, irrigation, multiple
retention basins, field drainage network,
decorative etched boulders, sidewalks, parking lot speed bumps, and a new hydration station. The project also included adding a new City meter, backflow, and wi-fi landscape irrigation controllers. Anser completed $1.2M under construction budget and on schedule and coordinated added scope for a new water meter and backflow assembly.
• City of Long Beach: Admiral Kidd Park Playground Rebuild Phase 1 ($750K) 2022 - Current | Prime, Construction Management • City of Long Beach: Recreation Park Playground Renovation ($1.9M) 2021 - 2022 | Prime, Project Management
• San Gabriel Valley Council of Governments: Diamond Bar Golf Course Improvements($40M)| Prime, Construction Management • Citywide ADA Parks Project ($440K) | Prime, Inspection Services • Citywide ADA Parks Project ($440K) | Prime, Inspection Services • San Diego: BayShore Bikeway-Barrio Logan Project ($18.4M) | Prime, Inspection Services
Buildings • City of Long Beach: Michelle Obama
North Branch Library ($34.6M) 2012 -
2016 | Prime, Project Management
The new LEED Silver certified North Branch
Library is a state-of-the-art 24,655 square-foot
single-story facility incorporating a historic
tower and associated site work and street
improvements. The new library includes areas
for children, teens and adults, as well as three public community meeting spaces. Acting as an extension of City staff as the City’s project manager, Anser staff was responsible for the overall successful completion of the project. • City of Los Angeles: LA Metro-Emergency Security Operations Center ($1.1M) Prime Construction Management
The project consists of a minimum 80,000-square-foot, four-story-tall building that will be built in phases. The first phase consists of the core and shell of the building with a minimum of 91 at-grade parking stalls, ground floor lobby, EOC, and new Security Operations Center (SOC)
co-located on one floor. The second phase
will include the tenant improvements for
the Rail Operations center (ROC) and Bus
Operations Center (BOC), and all associated
work. The project will achieve a Leadership
in Environmental and Energy Design (LEED)
v.3 Gold certification at a minimum, with
a target of LEED v.3 Platinum certification,
incorporating sustainable design features where appropriate, to minimize nonrenewable energy consumption, reduce waste, and conserve water. • City of Long Beach: Emergency and Communication Center ($38.2M) Prime Construction
• City of Long Beach: Scherer Park Community Center Renovation ($1.5M) 2022 - Current | Prime, Construction Management • City of Murrieta: Murrieta Senior Center Improvements Project ($400K) | Prime, Construction Management
• City of Murrieta: CIP 21-04 Fire Station No. 5 ($8.6M) | Prime Construction Management, Inspection Services
• City of Signal Hill: Police Station & Emergency Operations Center ($9.1M) | Prime Construction Management
City Council 10 – 111 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 9 | Anser Advisory

1. Statement of Qualifications E. Relevant Project Experience Road Infrastructure/ Bridges
• City Of San Bernardino: Traffic Signal Hardware Upgrade | Project Cost: NTE $3.79M | 2022 - 2023
Anser was recently selected by the City of San Bernardino to provide construction management, inspection, and source inspection services for the upgrades to various traffic signal hardware at 224 signalized intersections, in partnership with the City’s Public Works/Engineering Division. Through HSIP Cycle 9 funding, the City received grants to upgrade Various Signal Hardware at 224 Signalized Intersections on Various Arterials. This project will enhance traffic safety Citywide. Environmental clearance was completed in early 2021, and the construction contract was awarded in December 2021.
• City of Murrieta: Jackson Avenue
Widening, Extension, and Bridge Project
($8M)| Prime, Construction Management
Construction of the structural concrete support
components of this 195’ cast-in-place arch-culvert
structure, consisting of six 24’ wide arch cells that
extend over Warm Springs Creek at the City of
Murrieta’s border with Temecula. This 12-month project connected Murrieta’s Jackson Avenue with Temecula’s Ynez Road and replaced the existing “Arizona Crossing.” Responsibilities included daily observation, documentation, and digital recording of the erection of the concrete falsework and formwork, steel rebar installation, structural concrete placement, scheduling of concrete material sampling and testing, quality control monitoring and logging of concrete materials, pour dates, and laboratory test break results, organization of applicable RFI’s, and submittals, concrete pour schedule review, and coordination with the design engineer, City Project Manager, and City Engineer. • San Diego Association Of Governments (SANDAG), I-805/SR-94 Transit Only Lane Project Cost: $3M | Timeline: 2020 - 2021 • Coachella Valley: CV Link Multi-Modal Transportation Facility| Project Cost: $100M | 2020 - 2024
• City of Irvine: Irvine Boulevard Improvements ($12M) | Prime, Inspection Services
• Riverside County: Avenue 66 Grade Separation ($35M) 2019 - 2022| Prime, Construction Management/Inspection Services
• City of Irvine: Five Points Development ($150M) | Prime, Inspection Services
• SBCTA: North First Avenue Bridge |Prime Construction Management F. References
Client Project Contact
City of Corona, CA
Jeff Nelson,
Public Works
Superintendent
On-Call Project
Management,Construction
Management, and
Inspection
(951) 817-5741
Jeff.nelson@
coronaca.gov
City of Oceanside,
CA
Paul Pham, City
Development
Engineer
Land Development
(760) 435-5030
ppham@oceansideca.
org
City of Murrieta, CA
Jeffrey Hitch, PE,
Principal Engineer
On-Call Project
Management,Construction
Management, Inspection,
and Labor Compliance
(951) 461-6076
jhitch@muriettaca.
gov
City of Temecula,
CA
Nick Minicilli, Senior
Traffic Engineer
As-Needed Construction
Management and
Inspection Services
(951) 693-3917
Nick.minicilli@
temecula.gov
City of Irvine, CA
Alex Salazar, PE, CIP,
Administrator
As-Needed Project
Management,
Construction,
Management, Inspection,
and Administrative
Services
(949) 724-6442
asalazar@cityofirvine.
org
County of Riverside
Transportation
Department (RCTD)
Elmer Datuin,
Materials Manager
On-Call Construction
Management Services
(951) 850-6068
[email protected]
City of Menifee, CA
Carlos Geronimo,
PE, Principal
Engineer
On-Call Project
Management,
Construction
Management, Inspection,
and Labor Compliance
(951) 672-6777
cgeronimo@
cityofmenifee.us
City Council 10 – 112 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 10 | Anser Advisory

2. Scope of Services and Schedule

1. Resident Engineer/ Administrator
Anser services cover the capital development cycle from planning through construction and closeout. Our services begin with early phase strategic, organizational, and program planning and continue through managing the tactical execution of each project or initiative. We operate nationally with a diverse, talented staff of over 1,200 professionals. However, we leverage our local offices to support Southern California clients; our office located in Santa Ana possesses over 200 employees, including construction managers, program and project managers, inspectors, schedulers, architects, engineers, estimators, management consultants, claim specialists, financial analysts, procurement specialists, system configuration specialists, and construction auditors.

Our firm has provided staff who live in the area and contribute to the City and surrounding area. Anser has a strong advantage in servicing the City of Santa Ana’s needs for long-term and short-term assignments. In staffing our team, we have assigned key personnel within the firm who have proven track records in successfully delivering these services to the City of Santa Ana and others. This results in Anser providing excellent local knowledge to the City with troublefree results.

We at Anser propose a unified team
representing some of the industry’s best project
management professionals for this contract.

The majority of the Anser team members listed
have worked together previously on contracts
with other Cities and Agencies.

2. Bid Analysis
Anser recognizes that the City will take the lead during the bid phase of the project. While we believe that our constructability review should minimize questions to the plans and specifications during the bid phase, Anser will be prepared to help respond to any bidder questions regarding questions on the plans or specifications. Anser will provide clear and concise responses to the bidder questions which the City can use to response in an amendment to the bid. Our project planning and approach are focused on minimizing risk of cost and schedule impacts by implementing a thorough constructability/ coordination review prior to the release of the bid documents Anser will assist the city with the final preparation of the construction documents in preparation for bidding. This support will include assistance with any pre job walks, review and response to bidders questions, review of contractors bids and we will make recommendations on the selection of the successful bidder.

3. Staff Reports
Anser will review the Construction Plans at key milestone dates to confirm that all major features of the design are progressing in accordance with Value Engineering decisions. A formal constructability review will be completed at this point to flag any discrepancies between documents and to verify the design is buildable. Anser will make sure comments provided during previous reviews are incorporated as well. In support of Bid Document preparation, Anser will perform a final verification that all constructability review and City comments have been addressed and incorporated.

4. General Construction Administration
Pre-Construction Meeting & Schedule Review
A Pre-construction Scheduling Conference will be held with the City, design team, contractor, and all applicable stakeholders to discuss the project. We will review the proposed baseline schedule with the contractor during such time.

At that time, we want to understand the approach to the sequencing of work and minimize resubmissions of the baseline schedule. Opportunities to reduce the overall schedule and reduce the risk of schedule delays will be discussed. It is imperative to the project’s success for the parties to agree upon a reasonable baseline schedule; this is the basis of regularly evaluating progress and apportioning responsibility for any delays.

Weekly Meetings
Anser will schedule and chair weekly progress meetings with the City, contractor, designer, and all applicable stakeholders to the project. The weekly meetings will include, at a minimum, the following items: comments on previous meeting minutes, health and safety issues, weather and SWPPP and AQMD, contract financial status, progress and schedule review, including four-week look-ahead schedule, submittal and RFI review, schedule QA/QC activities, QA/QC results and discussion of any key observations, (i.e., test failures and how they will be addressed) and any task-specific issues.

Monthly Meetings
Monthly Cost and Schedule Update Meetings will be
held and will include at a minimum the following items:
overall project schedule status, overall project budget status, contract time summary to date, progress
payment (if applicable), change order requests, and
associated costs. A monthly report summarizing the
above will be issued with each meeting.

City Council 10 – 113 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 11 | Anser Advisory

2. Scope of Services and Schedule
Special Meetings
Special meetings may be required to address significant events or findings during construction that warrant special attention or pose potential problems or hazards to the completion of the project, particularly those which may result in significant change orders or claims. Special issues will be discussed as they arise and will also be addressed during the weekly construction progress meetings.

Anser will promptly investigate each special issue and make recommendations as to a possible resolution. When and if a particular matter is in dispute, early identification and settlement of conflicting issues will be sought by conferring with the A&E firm and Contractor and, if necessary, resolution meetings will be scheduled. Detailed documentation will be maintained. Each special issue will be flagged, carefully tracked, and logged. Periodic summaries of special issues, including the disposition of each, will be generated and used for discussion with the City and during weekly progress meetings.

Progress Reports
Anser will submit monthly progress reports to the City for review. This report will give a comprehensive overview of the project financials, schedule, change orders, and project risks. Additionally, this report will detail major milestone activities achieved for the past month, as well as planned activities for the following month.

Project Administration and Document Control
The Anser team understands that for the City to receive full funding reimbursement for any federally funded projects, our team will have to create and maintain hundreds of documents throughout the life of each project duration to provide proof that the project was administered in accordance with State and Federal guidelines.

There are several reports that the construction management team will prepare for both the overall project team as well as the contractor. The reports below are some of the necessary reports to keep a record of the project as well as notify the contractor, City, and third-party personnel of project information, issues, and concerns.

As-built Documents and Project Records
Throughout the project, we will keep and maintain redlined (as-built) project plans and specifications documenting all changes during construction. At project closeout phase, we will review Contractor’s redlined as-built plans and specifications submittal in comparison with our as-built plans and specifications prior to sending Contractor’s submittals to the Design Consultant. After receiving record documents from Design Consultant, we will verify all record documents and record these documents to City project records. We will obtain and turn over all other project closeout documents, O&M manuals and all closeout deliverables as required in Construction Contract Documents. We will coordinate with the Design Consultant to review and accept project closeout documents.

Schedule Control and Risk Mitigation
Anser practices a style of construction contract administration called active risk mitigation management that emphasizes implementing best practices, recognizing change, actively managing risk mitigation (i.e., averting claims), and maintaining comprehensive progress documentation. Anser has a proven track record of proactively helping public agencies mitigate and resolve disputes during the construction period. Anser strongly advocates the use of the project critical path method (CPM) schedule as the primary tool for collaborative planning and coordination with the general contractor, documenting and reporting progress, scenario-testing, decision-making, and measuring delays.

Throughout the project, Anser will review, analyze, and comment on the City Council 10 – 114 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 12 | Anser Advisory

2. Scope of Services and Schedule
Contractor’s weekly and monthly updates submitted. Anser will closely monitor the Contractor’s activities and make sure that the field activities and the duration of those activities match the information presented in the construction schedule. Any deviations should be incorporated into the Contractor’s subsequent monthly update. This includes the cause of the delay, the duration of the delay, the corrective action planned by the contractor, and the budget and schedule impacts on the City.

Permitting
Our experience with permitting projects will allow our staff to closely monitor the progress of the design through the permitting phases. This is considered with local agencies and potentially with the state architect. The need to address the various agencies in the permitting phase is critical to make sure that we take advantage of every opportunity. Hence, you get the project out to bid as soon as possible and keep the various permitting phases from slowing down the work’s design, pre-bid, and construction phases.

5. Submittal/ RFI Review & Processing
The Anser team reviews, investigates, and recommends action on submittals and information based on information presented in the Contract plans and specifications. We are experienced and comfortable coordinating with project designers and structures representatives on design related RFIs and submittals.

RFIs impacting the design or contract of a project are always reviewed with the engineer of record prior to a response being issued to the Contractor. Our approach is that the response should meet the terms of the contract unless the proposed solution is an overall benefit to the project. Submittal and RFI logs will be developed and maintained, and all RFIs and submittals are logged and tracked according to when they are received from and returned to the contractor and their approval or answer status. In addition, a list of required submittals based on the contract documents is developed for each project to assist both the construction management team and contractor in providing timely submittals and reviews, so as not to delay the work.

6. Constructability Review
Design Phase
Upon contract award, our Project Manager will lead a series of kick-off meetings with the City and the design firm. The kick-off meetings will provide an opportunity to align on the project scope, communication protocols, project risk, safety, security, and schedule. They will also be a pivotal opportunity to level-set the roles and responsibilities between the City, Anser, and the design firm.

A successful project is centered around four key principles: collaboration, cooperation, communication, and chemistry. A clear understanding of all team’s primary responsibilities and interrelationships is critical and must be identified early.

Anser can assist in developing
a Responsibility Assignment
(RACI) Chart. We can use our
RACI Chart to track stakeholder
commitments and obligations
as contained in all applicable
agreements by using team
member responsibilities and
functional relationship skills to
set forth the project objectives
and team control mechanisms.

Design Development
In this phase, the Anser team will lead Design Development meetings to help guide the design firm, review design documents and offer recommendations representing the City’s interests. We will assist with periodic design reviews to verify technical accuracy in conjunction with the design team. A value engineering (VE) and constructability workshop will be organized with the design team to confirm the design is biddable, constructible, and costeffective. This workshop will also identify discrepancies between drawings, which can help minimize future change orders. Anser will provide a formal report approving design development documents at this stage and an updated independent cost estimate (ICE) incorporating any value engineering (VE) options from the workshop. Anser will also review and approve the draft bid packages completed by the design firm.

Construction Plans & Documents
In this phase, Anser will review the construction plans at key milestone dates to confirm that all major features of the design are progressing in accordance with value engineering decisions made in the previous phase. A formal constructability review will be completed at this point to flag any discrepancies between documents and to verify the design is build-able. Anser will make sure comments provided during previous reviews are incorporated as well. In support of Bid Document preparation, Anser will perform a final verification that all constructability review and City comments have been addressed and incorporated. City Council 10 – 115 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 13 | Anser Advisory

2. Scope of Services and Schedule
Constructability Review
The Anser team firmly believes in the ongoing review of the project documents during this phase. These reviews provide a structured format to evaluate the project plans technical specifications, contract documents, and bid schedule which are all critical in supporting construction. These documents must be coordinated so the future contractor understands the project’s requirements.

This effort will reduce project impacts and save time and money during construction. Anser utilizes Bluebeam RevuTM software for its constructability review comments on the project plans and specifications. Anser will mark up a set of plans on the PDF editor as shown in the example drawing. There are two benefits with this software which can improve efficiency and reduce review times between the project team.

First, we can place the drawings in a cloud-based server where multiple team members can comment directly on the PDF. This will allow simultaneous reviews rather than back and forth commenting between the team. Second, once all the comments are compiled on the marked-up PDF set, the software can export a review sheet which clearly identifies the page number, comment and most importantly a picture of the item being discussed. This report is to supplement or replace the excel spreadsheet typically issued as the tracking log for the constructability comments. When reviewing comments, there is no need for a set of plans and excel sheet. This report will combine both and make for more efficient, productive meetings with the team. Additional sketches and drawing details containing recommendations for package improvements will be provided to supplement the comment log to ensure clarity. The comment/ response log will be supplemented with full-size sheet plans with markups for each project. Anser very successfully utilized this system when completing reviews on all of our projects with very positive feedback from all parties.

7. Change Order Review
In the construction industry, change can cause costly delays and challenge the team from fulfilling contractual obligations. At Anser Advisory, we understand that changes in the requirements of a project, the availability of resources and other unforeseen conditions can create real problems for your construction project. The combination of our construction manager and Cost Estimating Group has the proven experience and the expertise you need to help you navigate these issues and to provide you with the change order analysis you need to determine the changes have merit and are fair and reasonable so that costs are kept under control.

Directed changes are typically originated by the client to add, remove, or alter a portion of the contract. These changes must be agreed upon by both or all parties to the contract. We assist our clients in resolving all change orders, regardless of the reason so that the client is aware of the fair and reasonableness of any change order requests for the program.

The Anser team can provide you with guidance on the legitimacy/merit of the change order as well as if the cost is fair and reasonable. We provide you with the most effective strategies to address cost issues and to ensure that your project is completed on time. Our change order evaluation team can assist you to identify the most appropriate solutions and the best way to approach potential change related issues.

We take pride in helping our clients receive fair and reasonable change order pricing while achieving greater productivity on their project in a competitive marketplace. Our goal is always to add value to the program’s bottom line.

If you need help in figuring out change orders and ensuring the most costeffective solutions for these unexpected situations, we have the experience and can help with the best options in the industry.

8. Safety
Safety will be a significant focus for our entire field management team. Safety is the prime responsibility of the general contractor and its subcontractors.

As such, they will be required to provide a site-specific health and safety plan which is to include OSHA guidelines. If, during a site inspection, a perceived safety violation is occurring or has occurred, the team will immediately notify the general contractor of the safety violation for immediate action. A safety log will be maintained and discussed at each progress meeting to verify safety violations are addressed immediately and
not made again. Our field management staff
have been trained and will monitor for safety
standards, and all possess a minimum of OSHA
10-hour training.

9. Progress Payments
Upon submittal of the Contractor’s monthly invoice, Anser will verify work performed during that period and compare it against the approved schedule of values. Anser will resolve discrepancies with the Contractor and once verified and agreed upon, will process the payment application through the Owner’s process. Anser will make a written recommendation for payment to the City.

City Council 10 – 116 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 14 | Anser Advisory

2. Scope of Services and Schedule

10. Inspections
Anser offers experienced and qualified
inspectors with extensive experience
with Greenbook, CalOSHA, and Work
Area Traffic Control Handbook (WATCH)
standards, and California Building
Code (CBC). Our proposed inspectors,
will provide daily on-site observation
and inspection of required materials,
equipment, and methods of construction
and assure that the project remains in compliance with all contract documents, permits and regulations. Our daily inspection reports discuss conversations, labor, equipment, and work completed during the shift as well as adherence to the compliance aspects of the Contract backed up with photographs.

Our work plan is to eliminate surprises to the City by being proactive in working with the Contractor to identify and resolve deficiencies or problems as quickly as possible at the field level. Our inspectors will utilize the 3 week-look-aheadschedule to properly advance the construction effort by looking ahead, and by assisting the Contractor in resolving issues before they become problems.

All work will be inspected for conformance with contract plans, specifications, and current specified and standards. Inspection documentation, processes, materials testing, and quality assurance will all be in accordance with our Quality Assurance Workplan.

Comprehensive and accurate daily records of field activities become the go-to document when a dispute comes to light. Early recognition of an issue allows added opportunities for resolution. If extra work is required, accurate documentation is critical to determine the actual costs incurred and come to an accurate evaluation of cost. When disputed work is not resolved by change order, it must continue under a potential claim. In this case, the Anser Team will create a file number to track the Contractor’s effort with added scrutiny.

Accurate documentation of manpower, equipment, and materials will allow us to disallow or minimize the cost of disputed extra work.

Coordinate QA/QC & Inspection Activities
Anser will provide continuous QA Inspection per the Contract Documents. The contractor’s activities, material deliveries, equipment and work force will be tracked on a daily basis and reviewed for compliance with the approved plans and specifications.

Anser will coordinate and set up meetings or other activities othas necessary to make sure that QA/QC procedures are followed, and deficiencies are resolved in a timely and efficient manner. Anser will assist with coordinating the scheduling of Construction Inspectors and track visits, approvals and deficiencies from the start of construction through issuance of the Certificate of Occupancy.

Initiate & Maintain Photo Documentation
Photo documentation is very important to record progress on site. Photo documentation will be done regularly from agreed upon vantage points throughout the project site to establish a progress history. We utilize digital cameras to take photographs on an as needed basis to document daily activities, deficiencies, irregularities and as-built conditions. All digital photographs will be logged and placed in an electronic photo album on SharePoint.

As an enhancement to traditional photo documentation, at the option of the City, Anser can utilize 360 degree image capturing during the course of construction. 360 capture technology gives the distinct advantage of knowing that the project is being fully captured at
all stages of construction. Anser has found
immense value in such software and the
return on investment has nearly always
exceeded the software costs as it has
resolved multiple disputes which otherwise
may have resulted in costly claims.

11. Claims
Anser’s goal is to resolve disputes at the field level as much as possible by facilitating an understanding of the contractual obligations and providing creative opportunities to achieve win-win outcomes. If appropriate, we will work with the contractor to come to a fair and reasonable settlement of the issues, which are acceptable to all parties. Anser believes in and practices proactive communication and proactive management, which promotes collaboration on the job and we will make every attempt to resolve issues before they become disputes. We will vigorously defend the interests of the City and explicitly enforce the contract documents. Our team employs claims experts with a proven track record with public agencies on projects of all sizes.

The Anser team brings valuable “lessons learned” and advice on resolving and mitigating potential contractor claims.

City Council 10 – 117 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 15 | Anser Advisory

2. Scope of Services and Schedule
The Anser team provides two key differentiators that deliver particular value to our clients: First, our team is dedicated to “Project First” thinking. This means that we consistently observe the best interests of the project in every action. Second, we practice a style of contract administration that emphasizes the implementation of best practices, recognizing change, mitigating risk (i.e. averting claims), and maintaining comprehensive progress documentation.

12. Prevailing Wage/ Labor Compliance
Certified Payroll Records
Pacifica will monitor and review weekly certified payroll records, labor compliance forms, and one-time submittals and to monitor and ensure timely submittal of weekly payroll records, in compliance with the following regulatory drivers:

State Prevailing Wage Determinations
Pacifica will ensure that the selected Contractor complies with all applicable State Prevailing Wage requirements for all work covered by the Department of Industrial Relations (DIR), which includes but is not limited to nontraditional craft work such as Land Surveying, Fields Soils and Materials Testing, Commissioning, and Inspection Services. Pacifica shall verify the selected Contractor’s compliance with new requirements, such as legislation SB 854, as well as new scopes of work and trade classifications issued by the DIR. Our team will also be requesting, as needed, worker canceled checks or additional documentation that confirms of payment of Prevailing Wages (both Basic Hourly Rate and Fringe Benefits).

Federal Davis-Bacon Related Acts (DBRAs)
For contracts that have both State and Federal funding, we will coordinate with the City for verification of bidding information and documents to ensure that the correct applicable federal Wage Decision was included at the time of bid.

Additionally, our team will perform a courtesy check to ensure that any federal Wage Decision Modifications issued within ten (10) days of the Construction RFP’s bid due date is applied to the project accordingly pursuant to Federal 29 CFR Section 1.6(c)(3).

During construction of a federally funded project, our team will be ensuring monitoring payment of both State Prevailing Wage and Federal Wage Decisions as well as related Federal Wage Modifications by including both wage types within the Contractor Compliance packet that will be provided to all contractors performing on the project.

Should there be a difference between the state and federal prevailing wages rates for a similar or equal classification of labor, the Contractor shall pay not less than the higher wage rate. Additionally, Pacifica will work with the Prime Contractor and the City for any federal conformances for trade classifications (i.e. Land Surveying) that are not published within federal wage decisions but are published with State Prevailing Wage determinations. Our team will provide the City with status updates as necessary for any conformances.

Payment of Fringe Benefits portion of Prevailing Wages
At minimum, all contractors performing on a public works project will be required to provide proof of payment of Fringe Benefits contributions for at least one reporting period month in which work was by the contractor.

Acceptable forms of Fringe Benefit payment confirmation include but are not limited to worker canceled checks (front and back), Financial Statement for a credit banking institution, Union Employer Contribution Reports and Union Status Letters with corresponding canceled checks, and/or online payment confirmation of Training portion to the California Apprenticeship Council (CAC), applicable Union Trust Fund, or State approved apprentice program noted on the Division of Apprenticeship Standards (DAS) section of the DIR website.

Employee Field Interviews & Site Visits
To proactively address any potential labor issues early on, Pacifica proposes conducting monthly field interviews during integral phases of the construction schedule. Pacifica will secure the Construction Schedule from the Contractor and/or the City’s designated Project Manager and with best efforts, coordinate on-site field interviews within the first week or month of work performed.

Pacifica will verify the Construction Schedule throughout the project to coordinate on-site field interviews for various trade crafts mobilizing on-site for the first time (i.e. stripers, roofers, painters).

Additional field interviews can be conducted for any of the following reasons:
ƒ Formal and Informal Working Complaints;
ƒ Discrepancies identified in Contractors’
submittals of required forms, as well
as Contractor Certified Payroll Records
indicating possible violation(s);
ƒ Funding Source requirements (i.e. Grants);
and
ƒ At the request of the City.

City Council 10 – 118 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 16 | Anser Advisory

2. Scope of Services and Schedule
Discrepancy Notifications
As noted above, Pacifica’s proposed team will conduct Employee Field Interviews and verify worker information against Certified Payroll Records submitted by the selected Contractor and their Subcontractors, to ensure compliance with all state and federal regulations, laws, and provisions. Upon review of Contractor submitted documentation via U.S. Mail, and/or thirdparty electronic system. Pacifica shall develop, prepare, and electronically issue monthly Compliance Discrepancy Notifications and corrective action measures to the Contractor for immediate action and resolution, as necessary. Pacifica will inform the City of all Contractor delinquent requirements, suspected violations, and underpayment of workers.

13. CWA Compliance
Anser will monitor and enforce the City’s Community Workforce Agreement forms and requirements to ensure compliance. We will do so with our weekly progress reports, and will also provide those in our monthly reports. We have the necessary staff to monitor compliance and give accurate reports to assist the contractors in achieving the CWA goal.

14. Project Closeout
Our goal for the Project Closeout phase is to
provide the City with a complete, value-added,
set of documents and tools to manage your
projects well into the future. We will make sure
the quality of the final output is aligned with
the project requirements and your vision. We
will perform project closeout in compliance
with the Construction Contract Documents.

Preliminary and Final Punch Lists
We will conduct inspections of the Project site to determine dates of substantial completion. We will continuously coordinate with all project stakeholders, so we have preliminary and final punch list walks documented that comply with the Construction Contract Documents. Throughout the project, we will communicate efficiently with the Design Consultant so that we have the preliminary and final punch lists prepared and delivered to the Contractor. As the Construction Manager, it is our responsibility to communicate with both the designer and the contractor. We will monitor and ensure that the Contractor addresses all punch list items in compliance with Construction Contract Documents and Design Consultant’s comments and recommendations.

Finally, we will review written guarantees and related documents assembled by Contractor and shall recommend to Project Manager the issuance of the final certificate for payment.

As-built Documents and Project Records
Throughout the project, we will keep and maintain redlined (as-built) project plans and specifications documenting all changes during construction. At project closeout phase, we will review Contractor’s redlined as-built plans and specifications submittal in comparison with our as-built plans and specifications prior to sending Contractor’s submittals to the Design Consultant. After receiving record documents from Design Consultant, we will verify all record documents and record these documents to City project records. We will obtain and turn over all other project closeout documents, O&M manuals and all closeout deliverables as required in Construction Contract Documents. We will coordinate with the Design Consultant to review and accept project closeout documents.

Final Payment
When the contractor has notified Anser and has confirmed that all punch list items are complete, we will make a recommendation, in writing to the City, in connection with the final payment to the contractor. To support this recommendation, Anser will assemble all documents relating to final payment, including retention, unresolved change orders, and unpaid invoices, for approval by the owner. Once approval is received for the final payment, which resolves all outstanding financial obligations with the Contractor, the payment is processed, and the contract closed. If the Contractor requests any claims or adjustments, the contract cannot be closed until these are completely resolved.

Final Cost Report
Anser will summarize total project costs in a final report, listing all change orders, and identifying any unresolved issues, which may have a postconstruction cost impact, such as a claim or other dispute. Anser will communicate this information in a summary narrative, including assumptions on any post construction cost impacts, and support this information with a cost and change spreadsheet of final project accounting.

Operation and Maintenance (O&M) Manuals and Training
In coordination with the Contractor and design firm, Anser will prepare and submit all O&M manuals and training program documentation and confirm all specified training programs for the City’s staff are completed City Council 10 – 119 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 17 | Anser Advisory

2. Scope of Services and Schedule
per the contract requirements. The specifications will address the systems and subsystems for which manuals and training are required, the media for these materials, quantity, schedule, formatting standards, and other detailed requirements. Anser will document all closeout procedures, tests, training, and documentation in the Project Management Plan and submit a finalized Plan to the City.

Notice of Completion
We will provide a recommendation to the City on Notice of Completion (NOC) date, prepare a NOC document, and record the NOC with the City at the end of the project.

Project Acceptance and Turnover
Finally, we will collect, prepare, and submit to the City all Project documentation, electronic files, brochures, material records, final as-built plans from Contractor, warranties, operations and maintenance manuals, final punch-list, and all other closeout documents to turn-over a successful Project to the City.

15. Community Outreach
Our proactive approach to communication and community engagement assists and supplements the City’s efforts to best provide transparency and enable holistic support for your the project. Our members of our CM team will be able to attend and co-lead a pre-construction meeting with the community to discuss the major anticipated construction impacts. Our PM and PIC will coordinate with the city’s community liaison and communicate with the community regarding impacts related to the construction project.

Anser will also be working with MBI Media to assist with our marketing and outreach needs within the community. With more than 34 years of expertise, MBI has taken part in some of California’s most high-profile projects, facilitating community dialogue about complex and sensitive issues throughout the region.

Our team of professionals is made up of individuals with diverse various cultural backgrounds, allowing MBI to provide a wide range of services that are strategic, innovative, and effective.

These services range from public outreach, community and stakeholder engagement, Virtual Meeting Rooms (VMRs),
media relations, campaign development, and branding that are supported by our industry-leading, in-house design
studios, which specialize in graphic design, digital photography, web design, video production, and 3-D animation, along
with technical writing, copy editing and copywriting. We bridge the gap in communications for our clients and engage with Southern California communities that are large and small, contentious and exuberant, multicultural and multilingual.

16. Federal Requirements
The Anser team is familiar with preparing all the financial and bid documents in accordance with LAPM Chapter 15 “Advertise and Award Project”. We will utilize the checklists (15-A; 15-B; and 15-C) from the chapter to verify that critical contract items, such as Prevailing Wage Rates, FHWA-1273, DBE commitment/goals, permits, rightof-way acquisition, and Caltrans Authorizations to Advertise (E-76) are completed. Our team will also prepare a Quality Control Management Plan (QMP) that outlines our testing frequencies and processes to ensure material and construction quality as well as a Source Inspection Quality Management Plan (SIQMP) that will outline inspection and release procedures for specialty fabricated items such as post tension assemblies, light poles, and bearing pads. The LAPM submittals, QMP, and SIQMP will be given to the Caltrans Local Assistance Engineer to review and concur with the advertisement of the project.

Contract Administration
Administering the contract includes managing and meeting all contractual Commitments while allowing the contractor to focus on completing the project without unnecessary delay or cost. Parties to these related commitments include Caltrans Local Assistance, Cities, various permitting agencies, affected utilities, the design team, and associated funding agreements. We adhere to the Caltrans Local Assistance Procedures Manual (LAPM). All materials and work performed will be documented through daily diaries, logs, reports, certificates, and all required forms to ensure all cooperative agreement, permit, and funding requirements are met.

Document Control and Filing
The Anser team understands that for the City to receive full funding reimbursement for any federally funded projects, our team will have to create and maintain hundreds of documents throughout each project duration to provide proof that the project was administered in accordance with State and Federal guidelines. The requirements of the Caltrans LAPM provide the minimum filing system that we must adhere to,but most of the proposed City projects are large and complex in nature and the full 63-category fling system established City Council 10 – 120 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 18 | Anser Advisory

1. Statement of Qualifications
in the Caltrans Construction Manual will be implemented. The Anser team has several office engineers and administrators who are experienced in utilizing the Caltrans filing system and will establish and maintain the documents such that they are accessible, orderly, and retrievable at any time for the Anser team, City, Caltrans, and auditing personnel.
a. Anticipated Approach
A successful project is achieved by fostering good relationships between project team members, including City staff, the design firm, and the Contractor. As the Owner’s Representative, we will help establish good relationships with all team members, creating efficient chains of communication and treating all parties fairly and with respect. Our goal is for all parties to work cohesively as one project team to make sure that the project is constructed to the required quality, economic, and safety standards. Before we can accomplish these goals, we must first understand the viewpoints of not only the City but also, just as important, perspectives of the A&E firm. This allows us to analyze critical situations from all views and work with the project team to develop the best solutions throughout the project lifecycle, from design to commissioning and close-out. b. Necessary Tasks for Successful Completion
Anser’s CM will be the main point of contact for the city during the construction phase of the project. The CM will maintain all required project logs RFIs submittals change orders design bulletins as built documents pay applications.

Anser’s CM will be responsible for execution of the construction phase of the assigned project reporting directly to the project manager. In this role the CM will be the eyes and the ears for the PM addressing many similar issues at field level such as monitoring schedule construction activities quality control and budgets.

Field Observations - the CM will closely monitor the construction team and ensure that all parties are working collaboratively and optimally. If a conflict arises, the CM should reach out to the project manager to help resolve the conflict.

Monitoring Budgets, Reporting - the CM will monitor the construction contract to ensure that the contractor is following all requirements identified there. These tasks also include monitoring the construction budget schedule labor compliance.

The CM will also review the payment application from the contractor before making final recommendations and approval for this PM’s review.

Coordination - the CM will also be responsible for coordinating between various city agencies and departments as well as outside third-party permitting agencies to ensure compliance with all of the contract and permitting/ inspection requirements. The CM must be knowledgeable of the plans and specifications and have experience dealing with multiple tasks and be able to coordinate effectively to ensure a positive project outcome. c. Deliverables
The lifeblood of any project is the field inspectors. For the Construction Manager, the inspection staff are the eyes and ears of the progress in the field and are first to identify any issues that pertain to quality or compliance with the contract. The Anser team has a robust team of road infrastructure and bridges, facilities and structures, landscape, park, drainage, and utility inspectors to support each City project.

Anser will ensure that our field inspectors are prepared with both hard and electronic copies of plans, contact lists, copies of applicable specifications, and standard plans, and have a full understanding of the scope of work they are about to inspect. The assigned Construction Manager will be responsible to sit down with each new inspector and give them an indoctrination on safety, quality, compliance, traffic control, and any
other information they will need for their
assignment.

In addition, each inspector will be equipped
with the tools required to do their job.

These tools include a vehicle with safety
lighting, PPE, a laptop or iPad for their daily
reports, a cell phone, and a camera. Anser
inspectors always carry a tape measure with
them, as well as a notebook and pen. These
are the standard tools of an inspector and
must always be in the possession of the
inspector. Other tools that our inspectors will
be equipped with are a builders/laser level,
straight edge, measuring wheel, string lines, and stakes.

Our inspectors are ready to provide continuous inspection during the standard eight-hour shift, but we recognize that the contractor’s shift times may vary due to the time of year or special operations. The Anser team will provide City Council 10 – 121 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 19 | Anser Advisory

2. Scope of Services and Schedule
inspection support during all the contractor’s shifts.
d. Suggestions or Special Concerns
When it comes to project management, construction management, and inspection of capital improvement projects in the City of Santa Ana, there are several suggestions and special concerns to keep in mind. These considerations are vital to ensure the success and timely completion of projects while adhering to safety standards and legal requirements.

Below are some key points to consider:

1. Thorough Planning and Scope Definition:

Before starting any capital improvement project, conduct a detailed planning phase to define the project scope, objectives, budget, and timeline. Engage with stakeholders, including residents, businesses, and other relevant authorities, to understand their needs and concerns.

2. Legal and Regulatory Compliance:

Ensure that all projects comply with local, state, and federal regulations, including building codes, environmental regulations, and safety standards.

Obtain all necessary permits and approvals before commencing any construction activities.

3. Risk Assessment and Mitigation:

Conduct a thorough risk assessment for each project to identify potential risks and challenges. Develop effective risk mitigation strategies to minimize the impact of potential issues on the project.

4. Budget and Cost Management:

Implement effective cost control measures to keep the project within budget constraints. Monitor expenses closely and identify any cost overruns early on to take corrective actions promptly.

5. Stakeholder Communication:

Maintain open and transparent communication with all stakeholders throughout the project lifecycle. Regularly update them on project progress, potential disruptions, and any changes to the schedule or scope.

6. Quality Assurance and Control:

Implement a robust quality assurance and control program to ensure that construction work meets the required standards and specifications. Conduct inspections at various stages to catch and rectify any defects or issues.

7. Safety Measures:

Place a strong emphasis on safety during construction. Ensure that all workers are properly trained, follow safety protocols, and use appropriate personal protective equipment (PPE). Regular safety audits and training sessions should be conducted.

8. Environmental Impact:

Capital improvement projects can have environmental implications. Consider sustainable practices, such as green building materials, energy-efficient designs, and waste reduction strategies, to minimize the project’s ecological footprint.

9. Community Impact and Engagement:

Keep the local community informed about the project’s progress, timelines, and potential disruptions. Address any concerns they may have and involve them in the decision-making process when appropriate.

10. Project Tracking and Reporting:

Implement a robust project tracking and reporting system to monitor progress, identify deviations from the plan, and take corrective actions in a timely manner.

11. Collaboration and Coordination:

Encourage collaboration and coordination among different project teams and contractors to ensure smooth execution of the project.

12. Lessons Learned:

After project completion, conduct a
post-project review to identify lessons
learned and best practices. Use this
feedback to improve future capital
improvement projects.
e. Assumptions and/or Exclusions
Anser Advisory has no assumptions or
exclusions to include in our proposal.

City Council 10 – 122 10/3/2023
CITY OF SANTA ANA | RFP NO: 23-122 20 | Anser Advisory

2. Scope of Services and Schedule
ID Task
Mode
Task Name Duration Start Finish Predecessors Successors 1 GREENVILLE OPERATIONS & MAINTENANCE FACILITY 699 days Tue 6/30/20 Mon 4/3/23 2 GTA Milestones 699 days Tue 6/30/20 Mon 4/3/23
3 Kick off Project 0 days Tue 6/30/20 Tue 6/30/20 4
4 Issue Solicitation for Site Designer / Architect 0 days Fri 7/31/20 Fri 7/31/20 3 5 5 Award Contract to Site Designer / Architect 0 days Mon 11/30/20 Mon 11/30/20 4 6,17,16,15 6 Draft Preliminary Site Design and Building Design 0 days Fri 4/30/21 Fri 4/30/21 5 7,9 7 Conduct Public Outreach and Solicit Feedback on
Proposed Design
0 days Sat 7/31/21 Sat 7/31/21 6 8
8 Incorporate Public Feedback into Final Design 0 days Fri 12/31/21 Fri 12/31/21 7 9 Issue solicitation for Construction Firm (CMAR) 0 days Wed 6/30/21 Wed 6/30/21 6 10 10 Award Contract to CMAR 0 days Tue 8/31/21 Tue 8/31/21 9 11 11 Plan Project Management Timeline 0 days Sun 10/31/21 Sun 10/31/21 10 12 12 Hold Public Meeting to Present Safety and
Security Plan
0 days Thu 9/30/21 Thu 9/30/21 11 13
13 Construct Facility 0 days Tue 2/28/23 Tue 2/28/23 12 14 14 Begin Operations at the Facility 0 days Mon 4/3/23 Mon 4/3/23 13,80 15 Project Design 219 days Mon 11/30/20 Thu 10/7/21 5
16 Initial Design & 30% Design Development 89 days Mon 11/30/20 Mon 4/5/21 5 17 Receipt & Verification of Existing Site Conditions2 days Mon 11/30/20 Tue 12/1/20 5 18 18 Verification of Existing Utilities 2 days Wed 12/2/20 Thu 12/3/20 17 19 19 Site Visit / Evaluation 2 days Fri 12/4/20 Mon 12/7/20 18 20 20 Site Survey / TOPO (Owner Provided) 3 days Tue 12/8/20 Thu 12/10/20 19 21 21 Programming / Initial Project Budget 16 wks Fri 12/11/20 Mon 4/5/21 20 22 22 30% Design & Approval 0 days Mon 4/5/21 Mon 4/5/21 21 23,24 23 60% Design / Feasibility 42 days Tue 4/6/21 Thu 6/3/21 22 24 Site Layout / Development 3 days Tue 4/6/21 Thu 4/8/21 22 25 25 Geotech Analysis 8 days Fri 4/9/21 Tue 4/20/21 24 26 26 Structural Feasibility 1 day Wed 4/21/21 Wed 4/21/21 25 27 27 Structural Design 5 days Thu 4/22/21 Wed 4/28/21 26 28 28 Architectural Design 2 wks Thu 4/29/21 Wed 5/12/21 27 29 29 MEP Design 1 wk Thu 5/13/21 Wed 5/19/21 28 30
30 50% Specification Development 2 wks Thu 5/20/21 Thu 6/3/21 29 31 31 Project Budget Update Submittal & Approval 0 days Thu 6/3/21 Thu 6/3/21 30 32 32 60% Design & Approval 0 days Thu 6/3/21 Thu 6/3/21 31 34,33 33 90% Design / Final Design 53 days Fri 6/4/21 Wed 8/18/21 32 34 Final Layout Verification 3 days Fri 6/4/21 Tue 6/8/21 32 35 35 Finalize Structural Documents & Details 10 days Wed 6/9/21 Tue 6/22/21 34 36 36 Finalize Architectural Documents & Details 10 days Wed 6/23/21 Wed 7/7/21 35 37 37 Finalize MEP Documents & Details 10 days Thu 7/8/21 Wed 7/21/21 36 38 38 Finalize Civil Documents & Details 10 days Thu 7/22/21 Wed 8/4/21 37 39 39 100% Specification Submittal & Approval 1 wk Thu 8/5/21 Wed 8/11/21 38 40 40 Final Project Budget Update Submittal & Approval 0 days Wed 8/11/21 Wed 8/11/21 39 41 41 90% Design & Approval 0 days Wed 8/11/21 Wed 8/11/21 40 42 42 EOR Final Design Details & Calculations 5 days Thu 8/12/21 Wed 8/18/21 41 43 43 100% Design & Approval 0 days Wed 8/18/21 Wed 8/18/21 42 44 44 PE Stamp Documents 0 days Wed 8/18/21 Wed 8/18/21 43 46,45 45 Permitting 35 days Thu 8/19/21 Thu 10/7/21 44
46 Planning / Zoning Review 5 days Thu 8/19/21 Wed 8/25/21 44 47 47 Submit to AHJ 0 days Wed 8/25/21 Wed 8/25/21 46 48
48 Permit Review 4 wks Thu 8/26/21 Thu 9/23/21 47 49
49 Receive Corrections / Comments from AHJ 2 wks Fri 9/24/21 Thu 10/7/21 48 50 50 Resubmit to AHJ with Plan Corrections 0 days Thu 10/7/21 Thu 10/7/21 49 51 51 Permit Received form AHJ 0 days Thu 10/7/21 Thu 10/7/21 50 52 52 Client NTP Issued / Approved. 0 days Thu 10/7/21 Thu 10/7/21 51 66,58,56,54,53,55,57,65 53 Procurement 60 days Fri 10/8/21 Wed 1/5/22 52
54 Procure Long Lead Items 12 wks Fri 10/8/21 Wed 1/5/22 52 55 Pre-Construction 55 days Thu 10/7/21 Tue 12/28/21 52 56 Pre-Mobilization Meeting 0 days Thu 10/7/21 Thu 10/7/21 52 64 57 Structural Steel Fabrication 55 days Fri 10/8/21 Tue 12/28/21 52 58 Complete Shop Drawings 2 wks Fri 10/8/21 Thu 10/21/21 52 59 59 Order Steel 5 wks Fri 10/22/21 Mon 11/29/21 58 60
60 Release Steel Fabrication 0 days Mon 11/29/21 Mon 11/29/21 59 61,62 61 Special Inspection of Shop Welding 3 wks Tue 11/30/21 Mon 12/20/21 60 62 Shop Welding 3 wks Tue 11/30/21 Mon 12/20/21 60 63
63 Paint / Coat / Galvanize Steel 5 days Tue 12/21/21 Tue 12/28/21 62 64 Pre-Construction Meeting 0 days Thu 10/7/21 Thu 10/7/21 56 65 Construction 330 days Fri 10/8/21 Fri 1/27/23 52
66 Construct Facility 66 wks Fri 10/8/21 Fri 1/27/23 52 69,68,67 67 Commissioning & Close-out 45 days Mon 1/30/23 Fri 3/31/23 66 68 Commissioning 45 days Mon 1/30/23 Fri 3/31/23 66
69 Utility Outage / System Tie-in 1 day Mon 1/30/23 Mon 1/30/23 66 70 70 Pre-Commissioning Meeting 1 day Tue 1/31/23 Tue 1/31/23 69 71 71 System Sign-off 1 day Wed 2/1/23 Wed 2/1/23 70 72
72 AHJ Final Inspection & Sign-off 1 day Thu 2/2/23 Thu 2/2/23 71 73 73 Utility Inspection 5 days Fri 2/3/23 Thu 2/9/23 72 74 74 Certificate of Occupancy 0 days Thu 2/9/23 Thu 2/9/23 73 75,82,81 75 Customer Punchlist Walk 2 wks Fri 2/10/23 Thu 2/23/23 74 76 76 Punchlist / Demobilization 5 days Fri 2/24/23 Thu 3/2/23 75 77 77 System Startup 1 day Fri 3/3/23 Fri 3/3/23 76 78
78 Commissioning 5 days Mon 3/6/23 Fri 3/10/23 77 79
79 Performance Test 5 days Mon 3/13/23 Fri 3/17/23 78 80 80 O+M Training for GTA 2 wks Mon 3/20/23 Fri 3/31/23 79 14 81 Close-out 30 days Fri 2/10/23 Thu 3/23/23 74
82 Request Equipment Warranties from Procurement 5 days Fri 2/10/23 Thu 2/16/23 74 83 83 Owners Manuals 5 days Fri 2/17/23 Thu 2/23/23 82 84
84 Close-out Checklist 5 days Fri 2/24/23 Thu 3/2/23 83 85 85 Receive All Lien Waivers 5 days Fri 3/3/23 Thu 3/9/23 84 86 86 Final Payment Procedure 10 days Fri 3/10/23 Thu 3/23/23 85 6/30
7/31
11/30
4/30
7/31
12/31
6/30
8/31
10/31
9/30
2/28
4/3
4/5
6/3
6/3
8/11
8/11
8/18
8/18
8/25
10/7
10/7
10/7
10/7
11/29
10/7
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M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M Half 2, 2020 Half 1, 2021 Half 2, 2021 Half 1, 2022 Half 2, 2022 Half 1, 2023 Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress

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