Santa Ana City Council
June 4, 2024

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intersection as-built drawings, all current intersections controller assembly plans as provided by the manufacturer and modified by Party since original installation, local field master, local controller, and Advanced Traffic Management System timing plans, TSP timing preferences, and other ITS related data upon request.

E. PARTICIPATING AGENCIES shall waive all fees associated with any local agency permits that may be required from the consultants, subconsultants, and/or service or equipment providers hired by AUTHORITY for the PROJECT.

F. PARTICIPATING AGENCIES shall perform all field inspections and correspondence during the construction of the PROJECT for improvements in their jurisdiction.

G. PARTICIPATING AGENCIES shall be responsible for the continued operations and maintenance of all TSP and ITS ELEMENTS approved and implemented in their jurisdiction following the completion of the PROJECT.

ARTICLE 6. DELEGATED AUTHORITY
The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this Agreement are delegated to their respective City Manager, or City Manager’s designee, and the actions required to be taken by the AUTHORITY in the implementation of this Agreement are delegated to the AUTHORITY’s Chief Executive Officer or Chief Executive Officer’s designee.

ARTICLE 7. AUDIT AND INSPECTION
AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a period of five (5) years after final payment, final closeout, or until any on-going audit is completed, whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of AUTHORITY’s payment of consultant’s final billing (so noted on the paid invoice) under this Agreement.

AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above City Council 27 – 8 6/4/2024
COOPERATIVE AGREEMENT NO. C-3-3023

HARBOR BOULEVARD CONNECTED CORRIDOR PROJECTS

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provision with respect to audits shall extend to and/or be included in contracts with PARTICIPATING AGENCIES’ contractor(s).

ARTICLE 8. INDEMNIFICATION
A. To the fullest extent permitted by law, PARTICIPATING AGENCIES shall defend (at PARTICIPATING AGENCIES’ sole cost and expense with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, and its officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCIES’ employees included), for damage to property, including property owned by AUTHORITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of PARTICIPATING AGENCIES, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY’s sole cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES), indemnify, protect, and hold harmless PARTICIPATING AGENCIES, including their officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (AUTHORITY’s employees included), for damage to property, including property owned by PARTICIPATING AGENCIES, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

City Council 27 – 9 6/4/2024
COOPERATIVE AGREEMENT NO. C-3-3023

HARBOR BOULEVARD CONNECTED CORRIDOR PROJECTS

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C. The indemnification and defense obligations of this Agreement shall survive its expiration or termination.

ARTICLE 9. ADDITIONAL PROVISIONS
A. Term of Agreement: This Agreement shall be in full force and effect through December 31, 2028.

B. Amendment: This Agreement may be extended or amended in writing at any time by the mutual consent of all Parties. No amendment shall have any force or effect unless executed in writing by all Parties.

C. Termination: In the event any Party defaults in the performance of their respective obligations under this Agreement or breaches any of the provisions of this Agreement, a non-defaulting Party(s) shall have the option to terminate this Agreement upon thirty (30) calendar days prior written notice to the Party in default.

D. Termination for Convenience: Any Party may terminate this Agreement for its convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for convenience to the other Party.

E. Parties shall comply with all applicable federal, state, and local laws, statues, ordinances, and regulations of any governmental authority having jurisdiction over the PROJECT.

F. Legal Authority: Parties hereto consent that they are authorized to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement.

G. Severability: If any term, provision, covenant, or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant, or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

H. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all City Council 27 – 10 6/4/2024
COOPERATIVE AGREEMENT NO. C-3-3023

HARBOR BOULEVARD CONNECTED CORRIDOR PROJECTS

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of which together shall constitute the same agreement. Electronic signatures shall be permitted.

I. Assignment: Neither this Agreement, nor any of the Parties’ rights, obligations, duties, or authority hereunder may be assigned in whole or in part by any Parties without the prior written consent of the other Parties in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.

J. Governing Law: The laws of the State of California and applicable local and federal laws, regulations, and guidelines shall govern this Agreement.

K. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney’s fees, to the prevailing Party.

L. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows:

To ANAHEIM: To AUTHORITY:

City of Anaheim Orange County Transportation Authority
200 South Anaheim Boulevard
Anaheim, CA 92805
550 South Main Street
P. O. Box 14184
Orange, CA 92863-1584
Attention: John Thai
Principal Traffic Engineer
Tel: (714) 765-5202
Email: [email protected]
Attention: Megan Bornman
Senior Contract Administrator
Tel: (714) 560-5064
E-mail: [email protected]
CC: Alicia Yang
Project Manager
Tel: (714) 560-5362
Email: [email protected]
City Council 27 – 11 6/4/2024
COOPERATIVE AGREEMENT NO. C-3-3023

HARBOR BOULEVARD CONNECTED CORRIDOR PROJECTS

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To FOUNTAIN VALLEY: To FULLERTON:

City of Fountain Valley City of Fullerton
10200 Slater Avenue
Fountain Valley, CA 92708
303 West Commonwealth Avenue
Fullerton, CA 92832
Attention: Temo Galvez
Deputy Director of Public Works / City Engineer
Tel: (714) 593-4517
Email: [email protected]
Attention: Stephen Bise
Director of Public Works
Tel: (714) 738-6852
Email: [email protected]
To GARDEN GROVE: To SANTA ANA:

City of Garden Grove City of Santa Ana
11222 Acacia Parkway
Garden Grove, CA 92840
Traffic Engineering Section/M-43
20 Civic Center Plaza
Santa Ana, CA 92701
Attention: Dai Vu
City Traffic Engineer
Public Works Department
Tel: (714) 741-5189
Email: [email protected]
Attention: Nabil Saba
Executive Director of Public Works
Tel: (714) 647-5654
Email: [email protected]
M. Force Majeure: Any Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. /
City Council 27 – 12 6/4/2024
COOPERATIVE AGREEMENT NO. C-3-3023

HARBOR BOULEVARD CONNECTED CORRIDOR PROJECTS

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This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-3-3023 to be executed as of the date of the last signature below.

CITY OF ANAHEIM ORANGE COUNTY TRANSPORTATION AUTHORITY
By: ___________________________ By: __________________________________ Rudy Emami Lydia Bilynsky
Director of Public Works Department Manager, Capital Projects ATTEST: APPROVED AS TO FORM:

By: ___________________________ By: __________________________________ Theresa Bass James M. Donich
City Clerk General Counsel
APPROVED AS TO FORM:

Robert Fabela, City Attorney
By: ___________________________
Bryn M. Morley
Deputy City Attorney
Dated: _________________________
City Council 27 – 13 6/4/2024
COOPERATIVE AGREEMENT NO. C-3-3023

HARBOR BOULEVARD CONNECTED CORRIDOR PROJECTS

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This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-3-3023 to be executed as of the date of the last signature below.

CITY OF FOUNTAIN VALLEY
By: ___________________________
Maggie Le
City Manager
ATTEST:

By: ___________________________
Rick Miller
City Clerk

APPROVED AS TO FORM
By: ___________________________
Colin Burns
City Attorney
Dated: _________________________
City Council 27 – 14 6/4/2024
COOPERATIVE AGREEMENT NO. C-3-3023

HARBOR BOULEVARD CONNECTED CORRIDOR PROJECTS

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This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-3-3023 to be executed. as of the date of the last signature below.

CITY OF FULLERTON
By: ___________________________
Eric Levitt
City Manager
ATTEST:

By: ___________________________
Lucinda Williams
City Clerk

APPROVED AS TO FORM
By: ___________________________
Richard D. Jones
City Attorney
Dated: _________________________
City Council 27 – 15 6/4/2024
COOPERATIVE AGREEMENT NO. C-3-3023

HARBOR BOULEVARD CONNECTED CORRIDOR PROJECTS

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This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-3-3023 to be executed as of the date of the last signature below.

CITY OF GARDEN GROVE
By: ___________________________
Lisa Kim
City Manager
ATTEST:

By: ___________________________
Teresa Pomeroy
City Clerk
Dated: _________________________
City Council 27 – 16 6/4/2024
COOPERATIVE AGREEMENT NO. C-3-3023

HARBOR BOULEVARD CONNECTED CORRIDOR PROJECTS

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This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-3-3023 to be executed as of the date of the last signature below.

CITY OF SANTA ANA
By: ___________________________
Alvaro Nunez
Acting City Manager
ATTEST:

By: ___________________________
Jennifer L. Hall
City Clerk

APPROVED AS TO FORM
By: ___________________________
Jonathan T. Martinez
Assistant City Attorney
Dated: _________________________

RECOMMENDED FOR APPROVAL
By: ___________________________
Nabil Saba, PE
Executive Director
Public Works Agency
Dated: _________________________
City Council 27 – 17 6/4/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 4, 2024
TOPIC: Memorial Park Aquatic Facility Project

AGENDA TITLE
Agreement with Swinerton Management & Consulting to Provide Construction Management and Inspection Services for the New Memorial Park Aquatic Facility Project (Project No. 22-1415) (General Fund) (Revive Santa Ana)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Swinerton Management & Consulting to perform construction management and inspection services for the New Memorial Park Aquatic Facility Project in the amount of $1,001,477, with a contingency of $200,296, for a total amount not to exceed of $1,201,773, for a three-year term beginning June 4, 2024 and expiring December 31, 2026, with the option for two, oneyear extensions (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On August 15, 2023, the City Council awarded an agreement to ELS Architecture and Urban Design for architectural design services of the New Memorial Park Aquatics Facility. The Public Works Agency (PWA) manages the construction of all capital improvement projects (CIP) in the city, including this project. The new Memorial Park Aquatic Facility Project (Project), located at 2102 S Flower Street (Exhibit 1), consists of the construction of a new aquatics building, two swimming pools, pool deck and bleacher seating area, and adjacent sitework (Exhibit 2). The Public Works Agency is ready to proceed to the project bid and construction phase and requires specialty construction management and inspection for the project.

On March 12, 2024, the Public Works Agency released Request for Proposals (RFP) 24-041A, by which it sought a qualified firm to provide construction management and inspection services. The RFP was advertised on the City’s online procurement management and publication system, with proposals due on April 9, 2024. Eight proposals were received and evaluated by a selection committee. Based on the criteria outlined in the RFP, the following summarizes the top three responding firms and their ranking.

City Council 28 – 1 6/4/2024
Memorial Park Aquatics Facility Project
June 4, 2024

Firm Rank
Swinerton Management & Consulting 1
Griffin Structures 2
Anser Advisory 3
Staff recommends awarding an agreement to Swinerton Management & Consulting (Swinerton) to provide construction management and inspection services based upon the scope of work and selection criteria outlined in RFP 24-041A (Exhibit 3). Swinerton shall provide general construction management services to support construction efforts and will assist in overall delivery of this project, including pre-construction tasks, managing construction, ensuring all work is completed in accordance with the contract documents, and assisting with project closeout and the commissioning phase. Their proposal demonstrated that the firm has the necessary capacity and expertise to complete the required services. The firm’s rates are reasonable and within industry standard, the team qualifications are appropriate for this project, and the proposal was determined to provide the best value for the City.

FISCAL IMPACT
Funds are budgeted and available for expenditure for the current FY 2023-24, and any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carryover to FY 2024-25.

EXHIBIT(S)

1. Location Map

2. Aerial View Exhibit

3. Agreement with Swinerton Management & Consulting
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, Acting City Manager
Fiscal
Year
Accounting
Unit-Account # Fund Description Accounting Unit, Account Description Amount 2023-24
18117013-
66220
(22-1415)
American Rescue
Plan Act (ARPA)
ARPA – PWA,
Improvements Other
Than Buildings
$961,418
2023-24
01113017-
66220
(22-1415)
General Fund
PRCSA – Service
Enhancement,
Improvements Other
Than Buildings
$240,355
TOTAL $1,201,773
City Council 28 – 2 6/4/2024
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 24-1415:

Santa Ana Memorial Aquatic Center
Location Map
EXHIBIT 1
City Council 28 – 3 6/4/2024
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 24-1415:

Santa Ana Memorial Aquatic Center
Aerial View
EXHIBIT 2
City Council 28 – 4 6/4/2024
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 24-1415:

Santa Ana Memorial Aquatic Center
Aerial View
EXHIBIT 2
City Council 28 – 5 6/4/2024
1 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA

AND SWINTERTON MANAGEMENT & CONSULTING FOR CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES FOR THE NEW AQUATIC

FACILITY AT MEMORIAL PARK PROJECT
THIS AGREEMENT is made and entered into on this 4th day of June, 2024 by and between Swinerton Management & Consulting (“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 construction management and inspection services for the new aquatic facility at Memorial Park Project.

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
Contractor shall perform the services described in the scope of work that was included in RFP No. 24-041A that is attached as Exhibit A, and as further delineated in Contractor’s proposal, which is attached as Exhibit B and incorporated in full.

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall be comprised of $1,001,477.00, with a 20% contingency of $200,295.40, for a total not to exceed of $1,201,772.40. 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. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial EXHIBIT 3
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2 institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above and expire on December 31, 2026, with the option for the City to grant up to two (2) one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 17, below.

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

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

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

Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any City Council 28 – 7 6/4/2024
3 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 any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.

MINIMUM SCOPE AND LIMIT OF INSURANCE

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.

2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.

4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.

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

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

1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.

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4 2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.

3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.

5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Public Works Agency, Executive Director of Public Works), 20 Civic Center Plaza M-43, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

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.

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

Verification of Coverage
Consultant shall furnish 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 before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them.

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

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

8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for City Council 28 – 9 6/4/2024
5 personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.

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

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

10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular 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 City Council 28 – 10 6/4/2024
6 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 interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

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

To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-43)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant:

Jeffrey Gee
Vice President
Swinerton Management & Consulting
16798 W. Bernardo Dr.

San Diego, CA 92127
City Council 28 – 11 6/4/2024
7 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.

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

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

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

17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:

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8 a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

18. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement.

Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

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

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

21. FUNDING-RELATED PROVISIONS
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);
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9 b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act, available at https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf; c. Treasury Compliance and Reporting Guidance for the Act, available at https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf; d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and
f. Federal contract provisions attached hereto as Exhibit C and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

22. 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 on the following page]
City Council 28 – 14 6/4/2024
10 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 Alvaro Nuñez
City Clerk City Manager

APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO
City Attorney
By: _____________________ ____________________________
Jose Montoya Jeffrey Gee
Assistant City Attorney Vice President

RECOMMENDED FOR APPROVAL
____________________________
Nabil Saba, P.E.

Executive Director
Public Works Agency
City Council 28 – 15 6/4/2024

EXHIBIT A
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City Council 28 – 17 6/4/2024
Appendix
ATTACHMENT 1

SCOPE OF WORK
City of Santa Ana RFP 24-041A
Page A1-1

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

NEW AQUATICS FACILITIY AT MEMORIAL PARK

CONSTRUCTABILITY REVIEW, CONSTRUCTION MANAGEMENT,

AND INSPECTION SERVICES
RFP NO. 24-041A

INTRODUCTION/BACKGROUND
The City of Santa Ana previously solicited proposals Architectural and Engineering services for a construction of New Aquatic Facilities at Memorial Park (the “Project”). By this Request for Proposals (RFP), the City now desires to engage a professional consultant to perform constructability review and construction management services. The consultant shall provide at least three individuals to act as Construction Manager (CM, the “owner’s representative”), Inspector, and a Contract Administrator (CA), and serve as an extension of City staff to assist in the overall delivery of this project which includes performing independent review of plans, specifications, and estimate, pre-construction tasks, managing construction and ensuring that the work is completed in accordance with the funding requirements, contract documents, and project closeout, commissioning, and warranty 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 Construction Manager, Inspector, and Contract Administrator.

Memorial Park, dedicated in May 1950, is a 16.3-acre city park located in the central-south area of the City of Santa Ana, surrounded by residential properties. The park was dedicated by former Governor Earl Warren as a living memorial for future generations to honor “the heroic lives who carried the battle for democracy”. The park is currently comprised of four ballfields, concession/restroom building, basketball courts, volleyball court, handball court, fitness equipment area, playground area, band shell and lawn areas, walkway, lighting, and the City’s largest municipal swimming pool. The park is an island configuration surrounded by parking.

The community center and pool are both of the original 1956 installation and are a traditional “bath house” type design. Existing facilities are very old and deteriorated; deferred maintenance and renovations are no longer effective. The swimming pool shell and walls of the pool equipment room have cracked. In addition to the building age and poor condition, the floor plan layout does not meet today’s programming needs.

Much of the site hardscape is cracked and there are numerous drainage issues. Amenities that have been added over the years did not follow a master plan, and their layouts do not efficiently utilize the site. This Project will include the demolition and rebuilding of the aquatics facility (bath house, pool, pool equipment building) with the following components:

Pool Facility components shall include at a minimum:
 New Aquatics Building, to include:
o Front Desk Area
o Multi-Purpose Room
o Training Room
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City of Santa Ana RFP 24-041A
Page A1-2
o Locker Rooms, Showers, Restrooms. Include Family Locker Room o Staff Offices
o Life Guard Office
o Break Room
o Pool Equipment Room (Mechanical)
o Pool Storage Room
 Swimming Pool
o New 25’ x 50’ meter pool, with 7’0” depth
o Tall Portable Guard Chairs
o Area for Bleacher Seating
Site Components may include, but is not limited:
 Splash Park Area (approximately 1,000 sf)
 Sports Courts (Basketball, Volleyball, Handball, Pickle Ball)  Fitness Equipment Area
 Band Shell and Lawn Area
 Picnic
 Open Space
 Walkways, Lighting
 Park Signage
 Site Furnishing (benches, picnic tables, trash receptacles, dog waste stations)  Historical Marker or dedicated area as “living memorial” to incorporate intention and dedication by former Governor Earl Warren.
 Storm Water Mitigation
 Waster Wise Landscaping and automated irrigation
Consultant shall also consider circulation, security, visibility, emergency action procedures, lighting, ease of equipment servicing and delivery, maintenance when laying out functions.

Consultant shall also look to Memorial Park’s history to draw cues and inspiration for the park’s redevelopment.

Note: Minor changes to plans and the preparation of the specifications may occur during the RFP process without notice to the prospective proposer, however, selected firm will have access to the latest documents once the RFP has been awarded.

Consultant Responsibilities
The Consultant’s responsibilities shall include the following project tasks:

The required services by the Construction Manager (who will be performing plan checking services), the Inspector, and the Contract Administrator may include the following:

Task 1: Constructability Review
The required services by the Construction Manager and the Inspector will be involved in the review of the project deliverables which includes, but is not limited to, the following City Council 28 – 19 6/4/2024
City of Santa Ana RFP 24-041A
Page A1-3
 Design Development (60% plans), including site section studies, draft specification, and “Opinion of Probable Cost”.
 Construction Documents (90% and 100% Plans), final technical specifications, and finalized “Opinion of Probable Cost”.
 Swimming pool design and overall ADA compliance.
 Mechanical and Electrical System Replacement plans
 Geotechnical Report and Structural Calculations
.

1. The CM shall be a registered engineer in the State of California or a Certified Construction Manager (CCM) and shall possess a minimum of (5) years' experience in construction management. The CM and the inspector shall be involved in the review of specification and plan checking. These reviews will focus on constructability, inter-disciplinary coordination, completeness, and general code compliance. The CM and the Inspector should have relevant experience in construction management and certifications that affirm the experience.

2. The CM shall provide a thorough review of the construction sequence necessary to complete the improvements included in the construction contract.

3. Review potential utility conflicts and identify items requiring coordination with third party utility agencies.

4. Review measurement and payment sections of the Specifications to ensure that the proposed work specified is covered by a bid item and identify any redundant pay items

5. Review of bid quantity takeoffs and engineer’s estimate. If an error is noted, it will be included in the list of review comments.

6. Conduct up to two (2) site visit/field review by as part of the plan review to identify any current field conditions not reflected on the Plans.

7. Participate in up to two (2) public meetings to ensure consistency when plan checking. Public meetings will be hosted by the design consultant.

8. Participate in bi-weekly meetings with design consultant and City representatives to reduce discrepancies when plan checking.

9. Identify the elements of construction that could be substituted with more efficient materials and associated methods.

10. Provide a list of items that may be overlapping, extra, not needed or candidates for removal.

11. Prepare and submit an itemized list of findings and outline recommendations to reconcile issues discovered and generally to expedite the project.

12. Review of Geotechnical report and the structural calculations for the purposes of the expected constructability review.

13. CM shall provide recommendations for special material testing and inspection that will be needed during the construction phase.

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City of Santa Ana RFP 24-041A
Page A1-4

14. The CM shall provide a peer estimate, site utilization plan, and provide a total Project Schedule for the New Aquatics Facility at Memorial Park project.

15. In accordance with Public Contract Code Section 20101, the CM shall establish a system to prequalify contractors who wish to bid on the subject project.

TASK 2: Construction Management and Inspection Services

1. The CM shall be a registered engineer in the State of California or a Certified Construction Manager (CCM) and shall represent the City Construction Manager in the field. The CM shall possess a minimum of (5) years' experience in construction management. The Inspector and the Contracts Administrator should have relevant experience in construction management and certifications that affirm the experience.

2. Prior to the start of the project, the CM 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. Once determined, a staff report will need to be generated to recommend the award of a Construction Contract.

3. Prior to selecting a bidder, the CM is responsible to conduct a mandatory pre-bid meeting with all potential bidders one week after advertising the bid. This meeting will facilitate open discussion for addressing any questions or potential change orders related to the construction project. This meeting cannot be scheduled on a Monday or Friday.

4. The CM team is tasked with the pre-qualification of contractors bidding for this project. This involves preparing solicitations and reviewing Statements of Qualifications (SOQ) submitted by prospective bidders. Subsequently, the CM will compile a recommendation for the City of Santa Ana based on the review process.

5. The CM team shall be responsible for review of completeness and quantity of all required shop drawings, product data, samples, requests for information (RFI), and other submittals ("Submittals"). Shall coordinate with design consultant to review before transmitting their assessment of each Submittal to City staffing for final approval, and shall establish and implement procedures for expediting the processing and approval of Submittals.

6. Lead pre-construction meeting and schedule and conduct weekly construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Will prepare and promptly distribute minutes.

7. Attend and co-lead up to three (3) Construction Update meetings with the community, including a pre-construction meeting. Primary purpose of these meetings are to provide pertinent updates to the community and answer any questions relating to the construction project.

8. 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.

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City of Santa Ana RFP 24-041A
Page A1-5

9. Shall 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.

10. 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.

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

12. 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.

13. May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. CM is responsible to review and approve monthly progress payments, and make recommendations for certification to the City for payment.

14. Act as an advisor to the city throughout construction and commission of the project. 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.

15. The individuals, Construction 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.

16. 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.

17. 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.

18. 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 asbuilt records.

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City of Santa Ana RFP 24-041A
Page A1-6

19. 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.

20. The CM shall be responsible for evaluating the commission and trial runs of all equipment and coordinate with City Parks staff for operations and maintenance training.

21. Facilitate and coordinate inspection by representatives of other agencies.

22. Schedule and coordinate special inspection and material testing with the County of Orange or other consultants.

23. Assist City with project budget tracking by funding source to ensure progress payment applications are applied appropriately to correct funding sources.

24. Assist City with submission of narrative and financial reports on the progress and activities of the project to grant agencies

25. Shall monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis. 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.

26. Shall coordinate and assist the City’s Community Work Force Agreement (CWA) Consultant to monitor and enforce the CWA forms and requirements to ensure compliance. Verification should be provided with the monthly progress payments.

27. The CM 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.

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.

Plan Check & Permits:

Construction drawings shall be in accordance with the 2022 California Building Code and will require review/approval by the City Planning and Building Agency.

PAYMENT AND INVOICING:

Selected Consultant 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.

PAYMENT AND INVOICING:

This agreement will be utilizing Federal American Rescue Plan Act (ARPA) funds. Proposer shall comply with all requirements as they pertain to use of these funds.

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City of Santa Ana RFP 24-041A
Page A1-7
FEE PROPOSAL:

In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured to correspond to the above mentioned tasks as follows:

Task 1: Constructability Review
- Subtasks
Task 2: Construction Management and Inspection Services - Subtasks
Total Fee: _____________
Fee schedule for each task should include an hourly breakdown that corresponds to the task total.

CITY RESPONSANILITIES:

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 execution 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  Facilitate City Permits

CONSULTANT RESPONSIBILITIES:

 Consultant shall provide all required insurance as outlined in Attachment 2 of this RFP.

City Council 28 – 24 6/4/2024

EXHIBIT B
City Council 28 – 25 6/4/2024
TOTAL
TASKS June July August Sept. Oct. Nov. Dec. Jan. Feb. March April May June July August Sept. Oct. Nov. Dec. Jan. Feb. Mar. HOURS 1 CONSTRUCTABILITY REVIEWS
Constructability Review - 60% Design Documents
Document Review X X
Meetings/Site Visits X
Peer Estimate X
Constructability Review, including VE Session X
Project Executive: 40 40 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 80 Construction Manager: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Project Inspector: 8 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 24 Project Administrator: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Scheduler: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Estimator: 0 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16 Safety Officer: 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 Constructability Review - 90% Construction Documents
Document Review X X X
Meetings/Site Visits X X
Peer Estimate X X
Constructability Review, including VE Session X X
Develop Project Schedule X
Develop Site Utilization Plan X
Project Executive: 0 0 40 40 40 32 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 152 Construction Manager: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Project Inspector: 0 0 8 8 16 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 48 Project Administrator: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Scheduler: 0 0 0 0 0 24 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 24 Estimator: 0 0 0 0 32 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 32 Safety Officer: 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 Develop Contractor Pre-Qualification Process X
Project Executive: 0 0 0 0 0 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16 Construction Manager: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Project Inspector: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Project Administrator: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Scheduler: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Estimator: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Safety Officer: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
Bid Process
Prepare Bid Packages X
Pre-Bid Meeting X
Bid Analysis and Recommendations X
Permitting X
Project Executive: 0 0 0 0 0 0 32 0 0 0 0 0 0 0 0 0 0 0 0 0 0 32 Construction Manager: 0 0 0 0 0 0 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16 Project Inspector: 0 0 0 0 0 0 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16 Project Administrator: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Scheduler: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Estimator: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Safety Officer: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Preconstruction
PreCon Meeting X
Collect GC Insurance, New Vendor Packet, etc. X
Project Executive: 0 0 0 0 0 0 0 20 0 0 0 0 0 0 0 0 0 0 0 0 0 20 Construction Manager: 0 0 0 0 0 0 0 40 0 0 0 0 0 0 0 0 0 0 0 0 0 40 Project Inspector: 0 0 0 0 0 0 0 16 0 0 0 0 0 0 0 0 0 0 0 0 0 16 Project Administrator: 0 0 0 0 0 0 0 16 0 0 0 0 0 0 0 0 0 0 0 0 0 16 Scheduler: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Estimator: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Safety Officer: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Construction - CM Services
Budget Management X X X X X X X X X X X X X X
Schedule Management X X X X X X X X X X X X X X
Submittal Process X X X X X X X X X X X X X X
RFI Process X X X X X X X X X X X X X X
Change Management Process X X X X X X X X X X X X X X
Pay Application Review Process X X X X X X X X X X X X X X Monitor Prevailing Wage Process X X X X X X X X X X X X X X Meetings X X X X X X X X X X X X X X
Project Executive: 0 0 0 0 0 0 0 0 10 10 10 10 10 10 10 10 10 10 10 10 10 10 140 Construction Manager: 0 0 0 0 0 0 0 0 100 100 100 100 100 100 100 100 100 100 100 100 100 100 1400 Project Inspector: 0 0 0 0 0 0 0 0 16 16 16 16 16 16 16 16 16 16 16 16 16 16 224 Project Administrator: 0 0 0 0 0 0 0 0 80 80 80 80 80 80 80 80 80 80 80 80 80 64 1104 Scheduler: 0 0 0 0 0 0 0 0 2 2 2 2 2 2 2 2 2 2 2 2 2 2 28 Estimator: 0 0 0 0 0 0 0 0 4 4 4 4 4 4 4 4 4 4 4 4 4 4 56 Safety Officer: 0 0 0 0 0 0 0 0 8 8 8 8 8 8 8 8 8 8 8 8 8 8 112 Construction - Inspection Services
Daily Inspections X X X X X X X X X X X X X X
Coordinate Special & Material Inspections X X X X X X X X X X X X X X Produce Daily Job Log X X X X X X X X X X X X X X
Monitor GC's Safety Program X X X X X X X X X X X X X X Project Executive: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Construction Manager: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Project Inspector: 0 0 0 0 0 0 0 0 128 128 128 128 128 128 128 128 128 128 128 128 128 128 1792 Project Administrator: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Scheduler: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Estimator: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Safety Officer: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Reporting and Communication
Prepare Weekly Statement of Working Days X X X X X X X X X X X X X X Prepare Monthly Report X X X X X X X X X X X X X X
Project Executive: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Construction Manager: 0 0 0 0 0 0 0 0 8 8 8 8 8 8 8 8 8 8 8 8 8 8 112 Project Inspector: 0 0 0 0 0 0 0 0 16 16 16 16 16 16 16 16 16 16 16 16 16 16 224 Project Administrator: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Scheduler: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Estimator: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Safety Officer: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Project Close-Out
Prepare and Manage Punchlist Process X
Assemble Close-out Documuments, including all as-built and record drawings X Manage Commissioning Process X
Arrange for Final Inspections and Process Paperwork X
Project Executive: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Construction Manager: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 32 32 Project Inspector: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 8 Project Administrator: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16 16 Scheduler: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Estimator: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Safety Officer: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 We have based our schedule and pricing on the following milestones/durations

1. Desing Phase completion of six (6) months

2. Bid Process of one (1) month

3. Preconstruction phase of one (1) month

4. Construction Phase of fourteen (14) months, including close-out Additioanlly, hours and cost distribution are approxiamte only and provided for accounting purposes.

TASKS
Hrs Rate $$ Hrs Rate $$ Hrs Rate $$ Hrs Rate $$ Hrs Rate $$ Hrs Rate $$ Hrs Rate $$ 1 CONSTRUCTABILITY REVIEWS $84,936
Constructability Review - 60% Design Documents 80 251 $20,080 165 $0 24 115 $2,760 125 $0 153 $0 16 197 $3,152 4 160 $640 $26,632 Constructability Review - 90% Construction Documents 152 251 $38,152 165 $0 48 115 $5,520 125 $0 24 153 $3,672 32 197 $6,304 4 160 $640 $54,288 Develop Contractor Pre-Qualification Process 16 251 $4,016 165 $0 115 $0 125 $0 153 $0 197 $0 160 $0 $4,016 2 CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES $749,628 Bid Process 32 251 $8,032 16 165 $2,640 16 115 $1,840 125 $0 153 $0 197 $0 160 $0 $12,512 Preconstruction 20 251 $5,020 40 165 $6,600 16 115 $1,840 16 125 $2,000 153 $0 197 $0 160 $0 $15,460 Construction - CM Services 140 251 $35,140 1400 165 $231,000 224 115 $25,760 1104 125 $138,000 28 153 $4,284 56 197 $11,032 112 160 $17,920 $463,136 Construction - Inspection Services 251 $0 165 $0 1792 115 $206,080 125 $0 153 $0 197 $0 160 $0 $206,080 Reporting and Communication 251 $0 112 165 $18,480 224 115 $25,760 125 $0 153 $0 197 $0 160 $0 $44,240 Project Close-Out 251 $0 32 165 $5,280 8 115 $920 16 125 $2,000 153 $0 197 $0 160 $0 $8,200 SUBTOTAL $834,564
CONSTRUCTION CONTINGENCY @ 20% $166,913
TOTAL FEE $1,001,477
Constr. Manager Subtotals
CITY OF SANTA ANA - RFP: CONSTRUCTION MANAGEMENT SERVICES FOR AQUATIC CENTER AT MEMORIAL PARK Schedule / Estimated Hours per Task
2024 2025 2026
Safety Manager
CITY OF SANTA ANA - RFP: CONSTRUCTION MANAGEMENT SERVICES FOR AQUATIC CENTER AT MEMORIAL PARK

FEE PROPOSAL
Project Executive Project Inspector Admin. Manager Scheduler Estimator City Council 28 – 26 6/4/2024

EXHIBIT C
City Council 28 – 27 6/4/2024

EXHIBIT C

FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit C.

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, 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.
(ii) The Consultant will, 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, sexual orientation, gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he 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.

City Council 28 – 28 6/4/2024
(v) The Consultant will 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. (vi) The Consultant will 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 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.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement 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 Executive 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, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a 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 subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for City Council 28 – 29 6/4/2024 violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.

Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant City Council 28 – 30 6/4/2024
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant City Council 28 – 31 6/4/2024 further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
(k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). City Council 28 – 32 6/4/2024 (2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and City Council 28 – 33 6/4/2024
(v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND

CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.

Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.

Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.

Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.

Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part

20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

City Council 28 – 34 6/4/2024
(c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.

Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
(2) An Inspector General;
(3) The Government Accountability Office; City Council 28 – 35 6/4/2024 (4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964.

Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.
(iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.

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(iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.

City Council 28 – 37 6/4/2024
(x) If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

City Council 28 – 38 6/4/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 29
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 4, 2024
TOPIC: Consignment Vehicle Parts and Accessories

AGENDA TITLE
Agreement for Consignment Vehicle Parts and Accessories with Elliot Auto Supply Co., Inc, dba Factory Motor Parts (Spec No. 24-075) (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Elliott Auto Supply Co., Inc., dba Factory Motor Parts, for a vendor-owned inventory program for fleet vehicle parts for a two-year period beginning July 1, 2024 and expiring June 30, 2026, with the option of one one-year extension, in an annual amount not to exceed $500,000, for a total amount not to exceed $1,500,000 (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: No

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

In 2019, City Council approved an agreement with Elliot Auto Supply Co., dba Factory Motor Parts (FMP), for a three-year period beginning July 1, 2019 to June 30, 2022, with provisions for two one-year renewal options. The last renewal option is set to expire June 30, 2024, and continuing the agreement with FMP will maintain the flow of OEM parts as needed.

Santa Ana City Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Equalis, a cooperative government purchasing agency, awarded a contract to FMP (Contract No.

COG-2129A) as a result of open competitive bidding on behalf of its members, which includes government agencies.

City Council 29 – 1 6/4/2024
Consignment Vehicle Parts and Accessories
June 4, 2024

Staff researched available procurement options and product offerings in the market, and determined that FMP meets the City’s specifications. By leveraging the procurement power through cooperative purchasing, the City is able to obtain nationally vetted, high quality products at competitive volume pricing, and is in accordance with the City’s existing purchasing guidelines. Staff recommends an agreement with FMP for consignment vehicle parts and accessories for a two-year period beginning July 1, 2024, and expiring June 30, 2026, with option for one one-year extension, for an annual amount not to exceed $500,000, for a total amount not to exceed $1,500,000.

FISCAL IMPACT
Funding is available in the FY 2024-25 budget and funding for subsequent fiscal years will be included in the proposed budget for City Council consideration. The following table summarizes the funds budgeted and available in FY 2024-25 and future fiscal years as follows:

Fiscal
Year
Accounting
UnitAccount #
Fund
Description
Accounting Unit,
Account Description
Amount
2024-25 07517100-
63202
Fleet
Maintenance
Equip Maint-Garage
Operation, Operating
Materials & Supplies
Equipment
$500,000
2025-26 07517100-
63202
Fleet
Maintenance
Equip Maint-Garage
Operation, Operating
Materials & Supplies
Equipment
$500,000
Optional 1-Year Extension
2026-27 07517100-
63202
Fleet
Maintenance
Equip Maint-Garage
Operation, Operating
Materials & Supplies
Equipment
$500,000
TOTAL $1,500,000

EXHIBIT(S)

1. Agreement with Elliot Auto Supply Co., Inc., dba Factory Motor Parts Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, Acting City Manager
City Council 29 – 2 6/4/2024

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AGREEMENT FOR CONSIGNMENT VEHICLE PARTS AND ACCESSORIES BETWEEN ELLIOTT AUTO SUPPLY CO., INC AND

CITY OF SANTA ANA
THIS AGREEMENT (“Agreement”) is made and entered into on this 1st day of July, 2024 by and between Elliott Auto Supply Co., Inc. dba Factory Motor Parts, (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The City desires to retain a Contractor to establish a vendor-owned inventory (consignment) based model to provide miscellaneous fleet vehicle parts and accessories, necessary to maintain, repair, and operate the City’s fleet of vehicles and equipment.

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

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

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

1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations required to supply an on and off-site inventory of parts and shop supplies necessary to maintain, repair and operate the City’s fleet of vehicles and equipment including but not limited to, a full line of light and heavy duty equipment parts, Original Equipment Manufacturer (OEM) parts, small engine parts, hydraulic hoses, fasteners, tires, steel, welding supplies, safety supplies, chemicals, equipment, and all fluids associated with automotive vehicles (i.e. lubricants, antifreeze, brake fluids, etc.) as described and set forth in Exhibit A, attached hereto and incorporated by reference.

2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended shall not exceed $500,000 per year, for a total amount not to exceed $1,500,000, during the term of this Agreement including any extensions.
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. City and Contractor agree that all payments due and owing under this Agreement shall be made EXHIBIT 1
City Council 29 – 3 6/4/2024

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through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor’s account(s) with financial institutions.

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 two (2) year term with the option for the City to grant up to a one, 1-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

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

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

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

6. INSURANCE (Subject to revision per RMD requirements) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with City Council 29 – 4 6/4/2024

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the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.

2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering any auto (Code 1), with combined single limits of $1,000,000.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees.

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

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

1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Permittee including materials, parts, equipment, and personnel furnished in connection with such work or operations.

2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City.

3. All required insurance policies: For any claims related to this contract, Contractor’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.

5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City Council 29 – 5 6/4/2024

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City. Ten (10) days prior written shall be provided to City for policy cancellation or non-renewal due to non-payment.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate.

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

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

Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all 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 the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.

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

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.

City Council 29 – 6 6/4/2024

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

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

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

10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such City Council 29 – 7 6/4/2024

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

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

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

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

14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, City Council 29 – 8 6/4/2024

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

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

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

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

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

City Council 29 – 9 6/4/2024

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

To City:

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

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 Contractor:

Elliott Auto-Supply Co., Inc.

Attn: Dana Carney
2610 S. Birch Street
Santa Ana, CA 92707
Fax: 702-459-0432
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and City Council 29 – 10 6/4/2024

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

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

ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk Acting City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONTRACTOR:

City Attorney
By:

Andrea Garcia-Miller Name:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director
Public Works Agency
Dana Carney
Sr. Fleet Manager
City Council 29 – 11 6/4/2024

EXHIBIT A

PARTS PRICING LIST
City Council 29 – 12 6/4/2024

CITY OF SANTA ANA

PART NUMBER
MANUFACTURER OEM PART# FMP LINE CODE PART#
Acct. F52586 Current
Cost - Feb 2024

PART DESCRIPTION
01-2100 BMW 34118548028 CSA 34118548028 $ 113.97 PADS, FRONT,2016,34118548028,BMW 01-2105 BMW 34218562163 CSA 34218562163 $ 113.97 PADS, REAR,2016, 34218562163,BMW 01-3100 BMW 12128532942 CSA 12128532942 $ 23.71 SPARK PLUG,2016,12128532942,BMW 01-3200 BMW 12128560811 CSA 12128560811 $ 31.44 SPARKPLUG 01-5101 BMW 11128542057 CSA 11128542057 $ 79.68 GASKET,VAL.COV.,LT,2016,11128542057, 01-5102 BMW 11128542058 CSA 11128542058 $ 95.63 GASKET,VAL.COV.,RT,2016,11128542058, 01-5105 BMW 11129899381 CSA 11129899381 $ 97.07 GASKET
01-5110 BMW 07119904950 CNT 07119904950 $ 333.88 O-RING, OIL FILL, 2016, 07119904950, 01-5200 BMW 11129899381 CSA 11129899381 $ 97.07 VC GASKT 01-6020 BMW 63217160777 CSA 63217160777 $ 8.94 BULB,HD.LT.,HI BEAM,2016,63217160777 01-6025 BMW 63217160780 CSA 63217160780 $ 13.56 BULB,HD.LT.,LO BEAM,2016,63217160780 01-6055 BMW 61218531121 CSA 61218531121 $ 188.97 BATTERY, BMW 61218531121, 2016 01-6100 BMW 83212365958 CSA 83212365958 $ 19.27 OIL, MOTOR, 5W40, 2016 BMW, 83212365 01-6110 BMW 07512293972 CSA 07512293972 $ 24.21 75W90 SYN OIL 1L 01-6120 BMW 07512240344 CSA 07512240344 $ 9.38 MINERAL OIL 01-6150 BMW 82142209769 CSA 82142209769 $ 10.67 COOLANT, MOTOR, 2016 BMW, 8214220979 01-7100 BMW 13727726799 CSA 13727726799 $ 40.74 FILTER, AIR, 2016 , 13727726799, BMW 01-7110 BMW 11427721779 CSA 11427721779 $ 24.05 FILTER, OIL, 2016, 11427721779, BMW 02-5659 PER 80077 PER 80077 $ 5.16 ELIMINATOR, BRAKE NOISE, BK 765-2630 02-5665 FVP NCBVOC10-15 FVP NCBVOC10-15 $ 2.64 CLEANER,BRAKE SPRAY, CRC 095050 02-5668 TRUCPARCO 3030TSB CSA OTR3030SB $ 79.35 BRAKE CAN, PISTON TYPE, TWD HD-3030 02-7200 MOT BRF1475 MTC BRF1475 $ 82.17 BRAKE PAD KIT
02-7201 MOT BRF1383 MTC BRF1383 $ 64.86 BRAKE PAD KIT
02-7250 MOT BRRF318 MTC BRR252 $ 48.64 BRAKE ROTOR, BRRF318 SUPERCEEDED BY BRR252 02-7251 FVP 120-65137 FVP 120-65137 $ 52.76 COATED BRAKE ROTOR 02-7300 FDD L1M2001G MTC BRF1922 $ 109.20 FRT BRAKE PAD 02-7301 FDD L1MZ2200F MTC BRF1903 $ 84.87 REAR BRAKE PAD 02-7350 FDD L1MZ1125C MTC BRRF406 $ 128.66 FRT BRAKE ROTOR 02-7351 FDD BRRF405 MTC BRRF405 $ 88.77 REAR BRAKE ROTOR 02-7400 DEL 171-1014 DEL 171-1014 $ 173.30 FRT BRAKE PAD 02-7401 DEL 171-1227 DEL 171-1227 $ 82.76 REAR BRAKE PAD 02-7450 DEL 177-1169 DEL 177-1169 $ 104.08 FRT BRAKE ROTOR 02-7451 DEL 177-1249 DEL 177-1249 $ 96.56 REAR BRAKE ROTOR 02-71425 MTC BRRF266 MTC BRRF266 $ 56.29 ROTOR, BRAKE, FRONT,WAGNER BD125785 02-71435 MTC BRRF271 MTC BRRF271 $ 42.37 ROTOR, BRAKE, REAR,WAGNER BD125786 02-71895 MOTORCRAFT BRSD931A MTC BRSD931A $ 64.86 PAD, BRAKE, FRONT, MOTORCRAFT BRSD93 02-7193 MOTORCRAFT BRF1040 MTC BRF1040 $ 34.67 PAD, BRAKE, REAR,MOTORCRAFT BRF-1040 02-7200 MOTORCRAFT BRF1475 MTC BRF1475 $ 82.17 BRAKE PADS, FRONT, BRF1475, EXPLORER 02-7201 MOTORCRAFT BRF1383 MTC BRF1383 $ 64.86 BRAKE PADS, REAR, BRF1383, EXPLORER, 02-7250 MOTORCRAFT BRRF318 MTC BRRF318 $ 97.96 ROTORS, FRONT, BRRF318, EXPLORER, 20 02-7251 MTC BRRC62 MTC BRRC62 $ 59.46 ROTORS, REAR , BRRF92, EXPLORER, 201 02-7300 FORD BRF1922 MTC BRF1922 $ 109.20 BRAKE PAD KIT 02-7301 MOTORCRAFT BRF1903 MTC BRF1903 $ 84.87 R PADS
02-7305 FVP 111-08090 CEN 111-08090 $ 27.20 PARKING BRAKE SHOE 02-7350 MOTORCRAFT BRRF406 MTC BRRF406 $ 128.66 F ROTOR 02-7351 MOTORCRAFT BRRF405 MTC BRRF405 $ 88.77 R ROTOR
02-7400 AC DELCO 171-1014 DEL 171-1014 $ 173.30 F PADS
02-7401 AC DELCO 171-1227 DEL 171-1227 $ 82.76 R PADS
02-7450 AC DELCO 177-1169 DEL 177-1169 $ 104.08 ROTOR, BRAKE, FRONT,WAGNER BD125785 City Council 29 – 13 6/4/2024
02-7451 AC DELCO 177-1249 DEL 177-1249 $ 96.56 R ROTOR
02-9642 TEC 2232 TEC 2232 $ 4.91 FLUID , BRAKE, DOT 3, 1-QUART CONTAI 02-9645 FVP BF4-32 FVP BF4-32 $ 7.74 DOT 3 QT
02-97250 FRD 8660S FRD 8660S $ 2.23 SEAL, REAR AXLE, NOS 13992 02-9731 FRD 5707 FRD 5707 $ 13.27 BEARING, REAR AXLE, BRG R-1563TAV 02-9800 FMC ZAK6304131 DOR 630-413 $ 127.47 AXLE, REAR, 6W1Z4234A, CROWN VIC. 10 03-1728 MOTORCRAFT DG508 MTC DG508 $ 49.52 COIL,IGNITION, 3W7Z-12029-AA, MOTORC 03-6015 MOTORCRAFT SP405 MTC SP405 $ 2.78 SPARK PLUGS, SP-405, MOTORCRAFT 03-6020 CUMMINS 5473009 CSA 5473009 $ 55.55 SPARK PLUG W/BOOT,4955850,CUMMINS (C 03-1700 FDD AL3Z12029A MTC DG525 $ 111.36 RH IGN COIL
03-1705 FDD AL3Z12029B MTC DG526 $ 111.36 LH IGN COIL
03-1710 MTC SP526X MTC SP526X $ 8.36 SPARKPLUG
03-1720 FDD AT4Z9H486A CSA AT4Z9H486A $ 16.33 INTAKE GASKET 03-1800 MTC DG563 MTC DG563 $ 46.06 IGN COIL
03-1805 MTC SP589 MTC SP589 $ 5.22 SPARKPLUG
03-1900 MOTORCRAFT DG564 MTC DG564 $ 60.98 IGN COIL
04-2000 FORD FB5Z17A605B CSA FB5Z17A605B $ 27.96 WIPER HOSE 04-2005 FORD FB5Z17603A CSA FB5Z17603A $ 14.94 WASHER JET 04-3025 FDD BC3Z8620A MTC JK61064 $ 43.11 BELT, SERP., GATES K060923 04-3030 FDD AL3Z6B209B MTC BT137 $ 156.77 BELT TENSIONER 04-3040 MTC JK6455D MTC JK6455D $ 23.03 BELT
04-3050 MOTORCRAFT BT97 MTC BT97 $ 120.01 TENSIONER
04-0407 AC DELCO 32804 DEL 32804 $ 29.01 HOSE, 7/32 VACUUM,NAPA NBH H460 04-0452 PLUMDEPOT PD-LH115U CSA PD-LH115U $ 239.50 LEADER HOSE, 1"X15', HL16-3000-15SLH 04-0458 PLUMDEPOT PDBB1 555 CSAPDBB1 $ 75.01 HOSE, 1/4" FUEL (INJECTIION RATED) 04-0460 PLUMDEPOT PD-NEF14 CSA PD-NEF14 $ 66.86 NOZZLE EXTENSION, SPRING STEEL,NE-1A 04-0533 SPEEDAIR 1ABT8 CSA 1ABT8 $ 84.63 HOSE, AIR, 3/8 (I D ) X 50', W/ 3/8" 04-0566 GAT 26242 CSA 26242 $ 188.54 HOSE, 3/4" HEATER, SILICONE, GATES 2 04-0582 GAT 26241 GAT 26241 $ 195.77 HOSE, 5/8" HEATER, SILICONE, GATES 2 04-0673 GOO 65126 GOO 65126 $ 23.16 HOSE, 1/4" FUEL (INJECTIION RATED) 04-0707 GOO 65128 GOO 65128 $ 26.77 HOSE, 3/8" FUEL (INJECTION RATED) 04-1457 GOO 65127 GOO 65127 $ 23.67 HOSE, 5/16" FUEL (INJECTION RATED) 04-3017 GOO 4060922 GOO 4060922 $ 27.40 BELT, SERP., GATES K060923 05-0100 GRO 71152 GRO 71152 $ 19.55 REFLECTOR, TRIANGLE, SLOW MOVING VEH 05-0151 PER 81844 PER 81844 $ 1.89 ADHESIVE, WINDSHIELD MIRROR, LOCTITE 05-0153 3/M 08001 MMM 08001 $ 6.04 ADHESIVE, YELLOW WEATHERSTRIP, 3M 80 05-0301 ALLISON CSA15000 CSA 15000 $ 9.96 HOLDER, AUTO REG CERT., ALLISON #7 05-0303 MOTORCRAFT VC7B MTC VC7B $ 19.67 COOLANT , GOLD, LATE MODEL FORD 05-0305 MOTORCRAFT VC13G MTC VC13G $ 13.75 COOLANT
05-0306 DELCO 10-101 DEL 10-101 $ 13.85 ANTIFREEZE/COOLANT, DEX-COOL EXT. LI 05-0325 FLEETSERVICES FLPGT2424C 555 FLPGT2424C $ 15.10 24"x24" MUD FLAP 05-0333 TRUCPARCO 2436S-1 CSA 2436S-1 $ 13.68 MUD FLAP, TRUCK, ~24" X 36"HD FLAT B 05-1250 GUNK R79D CSA R79D $ 1.01 STRAP, TIE DOWN, 10", RUBBER, DEUER 05-2761 ANC 31-16 ANC 31-16 $ 2.64 WIPER, ASSY , 16", ANCO 31-16 05-2795 ANC 31-15 ANC 31-15 $ 2.64 WIPER, ASSY , 15", ANCO 31-15 05-2840 ANC 31-18 ANC 31-18 $ 2.64 WIPER ASSY, 18", ANCO 31-18 05-2850 ANC 31-19 ANC 31-19 $ 2.64 WIPER, ASSY., 19" , ANCO 31-19 05-2860 BOSCH 18 OE ROB 18OE $ 13.54 WIPER ASSY, 18", BOSCH 18OE 05-2865 BOSCH 22OE ROB 22OE $ 15.04 WIPER ASSY, 122", BOSCH 22OE 05-2872 MOTORCRAFT WW2201PF MTC WW2201PF $ 5.40 WIPER ASSY 05-2875 MOTORCRAFT WW2601PF MTC WW2601PF $ 7.86 WIPER ASSY 05-2877 MOTORCRAFT WW1106 MTC WW1106 $ 10.75 WIPER, ASSY 05-2880 ANC 91-22 ANC 91-22 $ 3.85 WIPER, ANCO 91-22 (NO SUB ) , CROWN City Council 29 – 14 6/4/2024
05-2885 ANC 31-24 ANC 31-24 $ 2.64 WIPER, ASS'Y., 24" ANCO 31-024 05-2900 MTC WW2113A MTC WW2113A $ 17.20 WIPER BLADE
05-2905 MTC WW2616A MTC WW2616A $ 17.20 WIPER BLADE
05-2910 MTC WW1110A MTC WW1110A $ 17.20 WIPER BLADE
05-2950 DEL 84613732 DEL 84613732 $ 18.42 WIPER BLADE
05-2955 DEL 22956295 DEL 22956295 $ 11.17 WIPER BLADE
05-3518 GORHINO 5038 CSA 5038 $ 371.76 BUMPER, PUSH BAR, GO RHINO 5038, CRO 05-3520 GORHINO 5342-4L71 CSA 53424L71 $ 671.68 BUMPER, GO RHINO 5342-4L71, EXPLORER 05-3525 SETINA CSAPB450L4 CSA PB450L4 $ 1,089.72 PUSH BUMPER 05-35315 SANTACRUZ SC1AR CSA SC1AR $ 196.41 LOCK, ELECTRIC, AR (WEAPON), SC-1/AR 05-3565 DYCORP 99030 CSA 99030 $ 11.73 BALL, TRAILER HITCH 2" DIA , 1" X 2 05-3602 GRO 16041 GRO 16041 $ 34.40 MIRROR, 6" X 16", WHITE, SIGNAL, GRO 05-3610 GRO 12014-5 GRO 12014-5 $ 2.42 MIRROR, 3 3/4", CONVEX ROUND, STICK 05-3613 GRO 12182 GRO 12182 $ 13.40 MIRROR, 8" ROUND, CONVEX, GROTE 1218 05-3650 FMC 7W7Z5443200A CSA 7W7Z5443200A $ 73.68 LATCH, TRUNK, 7W7Z5443200A, CROWN VI 05-3700 FMC 6W1Z5422800A CSA 6W1Z5422800A $ 47.82 HINGE,DOOR,LT/FT UPPER C.V.,6W1Z5422 05-3705 FMC 6W1Z5422810A CSA 6W1Z5422810A $ 59.65 HINGE,DOOR,LT/FT LOWER,C.V.,6W1Z5422 05-4255 AC DELCO GT261 DEL GT261 $ 16.78 CAP, GAS, DELCO GT218, "NEWER"CHEV/G 05-4258 FVP MGC-839 MOT MGC839 $ 3.27 CAP, FUEL, STANT 10840 , C.V. 2005-2 05-4470 MOTORCRAFT RS527 MTC RS527 $ 6.26 CAP, RADIATOR , RS527,2017 EXPLORER/CROWN VIC 05-4500 MOTORCRAFT RF272 MTC RF272 $ 205.43 COOLING FAN ASSY., 8W1Z-8C607-C , CR 05-4505 MOTORCRAFT RR28 MTC RR28 $ 141.64 MODULE, COOLING FAN, 6W1Z-8B658-AC, 05-4600 MOTORCRAFT MM929 MTC MM929 $ 47.57 BLOWER MOTOR, 4W7Z19805AA, CV 05-4605 MOTORCRAFT YH1717 MTC YH1717 $ 50.82 RESISTOR, BLOWER MOTOR, 4W7Z19A706A, 05-4610 FMC F0ZZ18A287A MTC F0ZZ18A287A $ 3.63 CLIP, BLOWER MOTOR FAN, F0ZZ18A287A, 05-4650 FMC BW1Z10A936A CSA BW1Z10A936A $ 13.99 JEWELS,AIR BAG,BW1Z-10A936-A,03-11 C 05-4700 FORD 8E5Z5421991B CSA 8E5Z5421991B $ 75.39 CYLINDER 05-4800 FORD 5Z78434A14AC CSA BB5Z78434A14AC $ 6.63 TAILGATE HANDLE 05-5670 FVP SF11 FVP SF-11 $ 2.35 STARTING FLUID, JOHNSEN'S 05-6500 MOTORCRAFT PW464 MTC PW464 $ 57.84 WATER PUMP, 5W7Z8501AA, CROWN VIC. 05-6525 MOTORCRAFT PFS616 MTC PFS616 $ 316.79 FUEL SENDING UNIT, BWIZ9H307A, C.VIC 05-7199 ARROWHEAD CSA11475018 CSA 11475018 $ 4.11 WATER, DISTILLED, 1 GALLON 05-7210 FOX WWS32 FOX WWS32 $ 1.33 WASHER FLUID, WINDSHIELD, 1- GALLON 05-8015 FVP 2028-195 1FV 2028-195 $ 3.80 THERMOSTAT, STANT 45779 05-8016 FEL 35489 FEL 35489 $ 5.24 GASKET, THERMOSTAT, FEL-PRO 35489,CV 05-9500 MOTORCRAFT HC31 MTC NHC9 $ 47.19 HEATER CORE, YW7Z18476AA, C. VIC. 05-9505 FORD YW3Z18658AA CSA YW3Z18658AA $ 18.49 SEAL, HEATER CORE, YW3Z18658AA,C.V. 05-9670 AC DELCO 15-118 DEL 15-118 $ 9.97 OIL, AIR COND , FOR R134A, DELCO 15- 05-9675 MOTORCRAFT YN19 MTC YN19 $ 371.07 FREON, R-134, 30 LB. CAN 05-9694 FORD CSA862 CSA 862 $ 48.86 BRACKET, FIRE EXTINGUISHER, AM 862, 06-0165 MOTORCRAFT GL671 MTC GL671 $ 197.86 ALTERNATOR, 6W7Z10346AA, C. VIC. 200 06-0383 AC DELCO 75VPG DEL 75VPG $ 90.68 BATTERY, DELCO GR 75 , SIDEPOST, 55 06-0391 AC DELCO 78DTG DEL 78DTG $ 90.06 BATTERY, DELCO 78DT-6YR , SIDE/TOP 06-0404 MOTORCRAFT BXT65750 MTC BXT65-750 $ 117.60 BATT. , GR 65 , FORD FULL-SIZE, 750 06-0405 OPTIMA ATTD3478950 555 ATTD3478950 $ 261.41 BATTERY, GR 34, CROWN VIC, 750 CCA 06-0410 MOTORCRAFT BAGM49H8 MTC BAGM49H8 $ 193.72 BATTERY 06-0415 AC DELCO 31-G950T DEL 31G950T $ 112.40 BATTERY, C31XHD, 1000 CCA, HEAVY EQU 06-0420 AC DELCO 94R/PG DEL 94R/PG $ 109.77 BATTERY
06-0425 AC DELCO 48GHRA DEL 48GHRA $ 94.96 BATTERY
06-0500 AC DELCO 94RPG DEL 94R/PG $ 109.77 BATTERY
06-0501 AC DELCO 88866212 DEL 48GHR $ 109.86 AUX BATTERY 06-1775 WAG BP1255/H3 WAG BP1255/H3 $ 3.17 LAMP
06-1812 WAG 53 WAG 53 $ 0.30 LAMP, AUTO, 182 (53)
City Council 29 – 15 6/4/2024
06-1903 WAG 67 WAG 67 $ 0.29 LAMP, AUTO, 67
06-1960 WAG 194NA WAG 194NA $ 0.45 LAMP, AUTO, AMBER, 194NA 06-1970 WAG 193 WAG 193 $ 0.46 LAMP, AUTO, 193
06-1975 WAG 7443 WAG 7443 $ 0.77 BULB, BRAKE & T/S, 7443, COLORADO 06-2174 WAG 1141 WAG 1141 $ 0.46 LAMP, AUTO, 1159 -OR- (1141) 06-2224 PHI 1157CP PHL 1157CP $ 0.20 BULB
06-2230 WAG 2057NA WAG 2057NA $ 0.91 LAMP, AUTO, AMBER, 2057NA 06-2231 WAG 3157NA WAG 3157NA $ 1.15 LAMP, 3157A, PARK/TURN LIGHTS, 06-2349 WAG 1816 WAG 1816 $ 0.43 LAMP, AUTO, 1816
06-2352 WAG 2057 WAG 2057 $ 0.36 LAMP, AUTO, T2057, TAIL & PARKING LI 06-2353 WAG 3357 WAG 3357 $ 0.80 LAMP, 3357, STOP/TAIL, 06-2356 EIK 890-BP CSA 890BP $ 5.75 LAMP, DIRECTIONAL LIGHT, BP 890 06-2357 PHI 3156CP PHL 3156CP $ 0.40 LAMP, 3156 , MARKER LIGHT, DUMP TRUC 06-2358 PHI 3157CP PHL 3157CP $ 0.36 LAMP, T/S AND PARKING LIGHT, 3157 06-2359 WAG 3457 WAG 3457 $ 0.79 BULB , 3457 , LATE MODEL (ALL) 06-2361 LIGHTHOUSE ETUC0C-P CSA ETUC0C-P $ 42.76 LAMP, STROBE, 2-HOLE FLANGE, WHELAN 06-2364 PHI 912CP PHL 912CP $ 0.42 BULB
06-2365 PHI 211-2B2 PHL 211-2B2 $ 1.08 LAMP, DOME, SYLVANIA TL 211-2 06-2367 DEL 894 DEL 894 $ 7.02 LAMP, HALOGEN, 894, STREET SWEEPER B 06-2588 TLI 255H8TAL-A 555 255H8TAL-A $ 250.04 BEACON, STROBE, AMBER, PIPE MOUNT, 5 06-2592 UNI U7682 CSA U7682 $ 29.71 LAMP KIT, SPOT, UNITY U-7682, P.D. 06-2695 WAG H6054 WAG H6054 $ 9.13 BULB, HEADLAMP
06-2760 ARROWBOARD 100103 CSA 100103 $ 43.20 LAMP, L.E.D. , ARROWBOARD 06-2770 WAG 9007 WAG 9007 $ 2.86 BULB, HEADLAMP, 9007
06-2772 PHI 9006C1 PHL 9006C1 $ 2.66 BULB, HEADLAMP
06-2774 PHI 9005C1 PHL 9005C1 $ 2.48 BULB, HEADLAMP
06-2780 WAG H11 WAG 1255H11 $ 5.47 HEADLAMP BULB
06-2990 COPELAND COP6001 CSA COP6001 $ 148.78 HIGH AMP TIMER,(TOP HAT),CROWN VIC 06-2999 LIND GE1950-3964 CSA GE19503964 $ 159.36 POWER SUPPLY, LIND, GE1950-3964 06-3101 LIND VB1285-1169 CSA VB1285-1169 $ 58.59 POWER BOOSTER, LD VB1285-1169 06-3105 COPELAN VS5201 CSA VS5201 $ 104.94 POWER TAMER VS, VS 5201 06-3131 GRO 46282 GRO 46282 $ 8.28 LIGHT, CLEARANCE, ARMORED, RED, GROT 06-3133 GRO 45812 GRO 45812 $ 2.06 LIGHT, CLEARANCE, RED, TRUCKLITE 102 06-3138 GRO 53762 GRO 53762 $ 25.41 LIGHT, STOP/TURN/TAIL, RECTANGULAR, 06-3140 GRO 52772 GRO 52772 $ 5.34 LIGHT, RED, STOP/TURN/TAIL, TRUCKLIT 06-3172 GRO 50852 GRO 50852 $ 6.18 LIGHT, STOP/TAIL/TURN, GROTE 50852 06-31785 LINEMASTER 491-S CSA 491-S $ 46.23 SWITCH, FLOOR, LINEMASTER 491-S 06-3188 UNI U6701-0101 CSA U6701-0101 $ 49.25 HANDLE ASSY , COMPLETE, SPOT LIGHT, 06-3191 ECCO ECO510 ECO 510 $ 13.89 ALARM, BACK-UP, 87-107 DBA (ADJ ), P 06-3220 DOR 56415 DOR 56415 $ 6.03 RECEPTACLE, LIGHTER, BALKAMP 782-163 06-3785 STD CS4V STA CS4V $ 1.79 CABLE, BATTERY, 4 GA , BELDEN 736102 06-5001 STA TCP77F STA TCP77F $ 22.33 CONNECTOR, TRAILER, FEMALE, COLE HER 06-5010 PHILLIPS 15-730 PLC 15-730 $ 7.74 PLUG, TRAILER, MALE, POLLACK 11-702 06-5800 555 LUSRC400112RN 555 LUSRC400112RN $ 3.04 RELAY, HORN, 5-TERMINAL, SIGNAL STAT 06-5803 AC DELCO 13503102 DEL 13503102 $ 6.74 RELAY, COOLING FAN, GM 12193604 (DEL 06-5810 BOS 0332002168 CSA 0332002168 $ 37.02 RELAY, 75 AMP, 4-TERM , BOSCH 033200 06-5812 STA RY-242T STA RY-242T $ 9.37 RELAY, COOLING FAN/FUEL PUMP, GM 120 06-5816 BOS 0332019157 CSA 0332019157 $ 9.76 RELAY, 4-TERM, BOSCH 0332019157 06-5863 STA BP60 STA BP60 $ 0.35 CLIP, ALLIGATOR, STANDARD BP60 06-6601 PER 80370 PER 80370 $ 3.01 PROTECTANT, BATTERY, CRC 05046 06-6605 PERM/FVP 80369 OR B7012 PER 80369 $ 2.59 CLEANER, BATTERY, SPRAY CAN, CRC 050 06-6607 STA BPP71 STA BPP71 $ 1.34 WASHER,BATTERY TERMINAL PROTECTOR,(T 06-7960 TRL 102 CSA 102 $ 30.05 SWITCH, PUSH-PULL, SIGNAL STAT 102, City Council 29 – 16 6/4/2024
06-8866 STA BR40 STA BR-40 $ 7.30 CIRCUIT BREAKER, 40 AMP, STANDARD BR 06-9960 FUS MIN-10 FUS MIN-10 $ 1.27 FUSE, ATM 10, ALL LATE MODEL CARS 06-9962 FUS MIN-15 FUS MIN-15 $ 1.27 FUSE, ATM15, ALL LATE MODEL CARS 06-9964 FUS MIN-20 FUS MIN-20 $ 1.27 06-997FUSE, ATM 20, ALL LATE MODEL 06-9966 FUS MIN-25 FUS MIN-25 $ 1.27 FUSE, ATM 25, ALL LATE MODEL CARS 06-9968 FUS MIN-30 FUS MIN-30 $ 1.27 FUSE, ATM30, ALL LATE MODEL CARS 06-9970 FUS ATO5 FUS ATO5 $ 1.20 FUSE, ATC 5, RADIO & ECM 06-9975 FUS ATO7.5 FUS ATO7.5 $ 1.20 FUSE, ATC-7 5, RADIO & ECM 06-9980 FUS ATO10 FUS ATO10 $ 1.20 FUSE, ATC-10, RADIO & ECM 06-9985 FUS ATO15 FUS ATO15 $ 1.20 FUSE, AUTO, BLADE, ATC-15 06-9986 FUS ATO20 FUS ATO20 $ 1.20 FUSE, AUTO, BLADE, ATC-20 06-9987 FUS ATO25 FUS ATO25 $ 1.20 FUSE, AUTO, BLADE, ATC-25, * NOTE- 5 06-9988 FUS ATO30 FUS ATO30 $ 1.20 FUSE, AUTO, BLADE, ATC-30, * NOTE- 5 06-9989 FUS MAX20 FUS MAX20 $ 1.20 FUSE, BLADE, MAX 20
06-9992 FUS MAX40 FUS MAX40 $ 1.20 FUSE, BLADE, MAX 40, TRUCKS, * NOTE07-2996 WIX 46981 WIX 46981 $ 12.40 FILTER, CAB , WIX 46981, SEWER TRUCK 07-4526 WIX 57243 WIX 57243 $ 10.20 FILTER, OIL, WIX 57243, JOHN DEERE 4 07-4560 WIX 51742 WIX 51742 $ 8.40 FILTER, OIL, WIX 51742, FORD DIESEL 07-4593 WIX 51797 WIX 51797 $ 6.16 FILTER, OIL, WIX 51797, SULLAIR COMP 07-4965 WIX 46153 WIX 46153 $ 6.16 FILTER, AIR, WIX 46153 , GM 07-4980 WIX 51748XD WIX 51748XD $ 30.48 FLITER, OIL, WIX, 51748XD 07-5042 WIX 51516 WIX 51516 $ 3.52 FILTER, OIL, WIX 51516, FORD V-6 3 0 07-5044 WIX 51040 WIX 51040 $ 3.52 FILTER, OIL, WIX 51040 , GM V-6 07-5045 WIX 57082 WIX 57082 $ 4.41 FILTER, OIL, WIX 57082, CAVALIER, CO 07-5046 MOTORCRAFT FL820S MTC FL820S $ 5.18 FILTER, OIL, MOTORCRAFT FL-820S 07-5048 WIX 51060 WIX 51060 $ 3.52 FILTER, OIL, WIX 51060, CHEVY SMALL 07-5105 WIX 57060 WIX 57060 $ 3.52 FILTER, OIL, 57060, 6.0L CHEVY 2007- 07-5107 WIX 57099 WIX 57099 $ 4.41 FILTER, OIL, WIX 57099, GM 8.1 GAS T 07-5110 WIX 51356 WIX 51356 $ 3.52 FILTER, OIL, WIX 51356, HONDA ACCORD 07-5112 WIX 51036 WIX 51036 $ 3.52 FILTER, OIL, WIX 51036, CAVALIER,BL 07-5116 MOTORCRAFT FL-910S MTC FL910S $ 5.18 FILTER, OIL,MOTORCRAFT FL-910S 07-5118 WIX 57203 WIX 57203 $ 3.52 FILTER,OIL ,WIX57203, FORD ESCAPE HY 07-5120 WIX 57502 WIX 57502 $ 3.52 FILTER, OIL, 57502, 2014-16 EXPLORE 07-5125 WIX 57090 WIX 57090 $ 3.52 FILTER, OIL, 57090, COLORADO, 2015-1 07-5126 WIX 51042 WIX 51042 $ 3.52 FILTER, OIL, WIX 51042, LATE MODE 07-5128 WIX 51522 WIX 51522 $ 3.52 FILTER, OIL, WIX 51522 , LATE MODEL 07-5130 WIX 57674 WIX 57674 $ 4.85 FILTER, OIL, WIX 57674, 2017 COLORAD 07-5135 AC DELCO PF64 ACP PF64 $ 5.07 OIL FILTER
07-5140 WIX 51791 WIX 51791 $ 7.80 FILTER, OIL, WIX 51791, GMC TRUCK W/ 07-5150 WIX WL10255 WIX WL10255 $ 3.52 LUBE FILTER
07-8502 WIX 42714 WIX 42714 $ 3.72 FILTER, AIR, WIX 42714, BENDIX COMPR 07-8615 WIX 46562 WIX 46562 $ 23.60 FILTER, AIR, OUTER, AT171853,WIX 465 07-8616 WIX 46569 WIX 46569 $ 13.80 FILTER, AIR, INNER, J.D. AT171854, 4 07-8630 WIX 46573 WIX 46573 $ 10.56 FILTER, AIR, WIX 46573, GM FULL-SIZE 07-8658 MOTORCRAFT FA1783 MTC FA1783 $ 11.40 FILTER, AIR,MOTORCRAFT FA1783 07-9011 WIX 46117 WIX 46117 $ 7.04 FILTER, AIR, WIX 46117 , ASTRO VAN, 07-9100 WIX 46935 WIX 46935 $ 7.93 FILTER, AIR, 46935, EXPLORER 2013-17 07-9150 MOTORCRAFT FA1947 MTC FA1947 $ 11.07 AIR FILTER 07-9200 WIX 42488 WIX 42488 $ 11.44 AIR FILTER
07-9205 AC DELCO A3208C ACP A3208C $ 24.69 AIR FILTER
07-9210 AC DELCO A3195C ACP A3195C $ 25.97 AIR FILTER
07-9215 AC DELCO A3212C ACP A3212C $ 29.88 AIR FILTER
07-9220 MOTORCRAFT FA1943 MTC FA1943 $ 12.61 AIR FILTER City Council 29 – 17 6/4/2024
07-9400 AC DELCO CF185 ACP CF185 $ 23.73 CABIN FILTER
07-9405 MOTORCRAFT PF68 MTC FP68 $ 16.15 CABIN FILTER
07-9410 MOT FP100A MTC FP100A $ 16.15 CABIN FILTER
07-9420 MOTORCRAFT FP88 MTC FP88 $ 16.15 CABIN FILTER
07-9425 AC DELCO CF188 ACP CF188 $ 20.04 CABIN FILTER
07-94575 WIX 49883 WIX 49883 $ 10.56 FILTER, AIR,WIX 49883, F450/550 GAS 07-9531 ALISON 29558329 CSA 29558329 $ 65.69 FILTER, TRANS, ALLISON 29540494, 577 07-9541 WIX 58955 WIX 58955 $ 12.32 FILTER, TRANS, WIX 58955, CROWN VIC, 07-9543 FMC F2VY7A191A CSA F2VY7A191A $ 13.90 GASKET, TRANS PAN,F2VY7A191A, CROWN 07-9554 WIX 51259 WIX 51259 $ 5.72 FILTER, HYD VERMEER, WIX 51259, UNI 07-9580 WEH WEH E69-79770 CSA E6979770 $ 17.13 FILTER,FUEL,CNG,PRIMARY,WEH E69-7977 07-9585 RACOR CLS110-6 CSA CLS110-6 $ 43.25 FILTER,FUEL,CNG,SEC.,RACOR CLS110-6 07-9590 WIX 33416 WIX 33416 $ 37.88 FILTER, CNG,SPIN ON 07-9595 CUMMINS 5410516 CSA 5410516 $ 54.80 FLITER,CNG,CARTRIDGE 07-9634 WIX 33626 WIX 33626 $ 9.12 FILTER, FUEL 33626, WIX 07-9648 WIX 33811 WIX 33811 $ 8.32 FILTER, FUEL, WIX 33811, FORD DIESEL 07-9651 WIX 33411 WIX 33411 $ 19.00 FILTER, FUEL/WATER, 33411, '92 IH 07-9652 WIX 33406 WIX 33406 $ 11.60 FILTER, FUEL/WATER, SERPARATOR, 3340 07-9656 WIX 33352 WIX 33352 $ 5.20 FILTER, FUEL, SECONDARY, WIX 33352, 07-9657 WIX 33118 WIX 33118 $ 5.84 FILTER, FUEL, PRIMARY, WIX 33118, BE 07-9828 WIX 33595 WIX 33595 $ 6.16 FILTER, FUEL, IN-LINE,WIX 33595 07-9910 WIX 33442 WIX 33442 $ 17.96 FILTER, FUEL/WATER,WIX 33442 , KODIA 07-9919 WIX 33311 WIX 33311 $ 7.93 FILTER, FUEL, WIX 33311 07-9920 WIX 33481 WIX 33481 $ 7.93 FILTER, FUEL, IN-LINE, PUR F33144 07-94575 WIX 49883 WIX 49883 $ 10.56 AIR FILTER
08-1739 JOHN DEERE TF23D CSA TF23D $ 16.19 TEETH , BUCKET, MULTI-APPLICATION, J 08-2000 FDD BC3Z6030A CSA BC3Z6030A $ 80.30 ENGINE MOUNT 08-2005 FDD HC3Z-6038D CSA HC3Z6038D $ 113.64 ENGINE MOUNT 08-2010 FDD HC3Z-6068E CSA HC3Z6068E $ 124.48 TRANS MOUNT 08-3000 FORD FB5Z6068D CSA FB5Z6068D $ 181.32 LOW TRANS MOUNT 08-3005 FORD FB5Z6038B CSA FB5Z6038B $ 182.71 UP TRANS MOUNT 08-3010 FORD GB5Z6038A CSA GB5Z6038A $ 138.41 MOTOR MOUNT 08-17390 JOHN DEERE TF23P CSA TF23P $ 5.58 PIN, TOOTH, TF 23 P (FOR TOOTH 08-1 09-1439 BRUNNER & LAY B30500 CSA B30500 $ 79.17 CUTTER, ASPHALT, 1 1/8"x6"(SHANK), 6 09-3246 GRO 52182 GRO 52182 $ 4.26 LIGHT, STOP & TAIL, ~TRUCKLITE 60202 09-4728 GRAINGER 35Z444 CSA 35Z444 $ 3.28 EYE BOLT, 3/8-16 UNC, DIRT DEFECTOR, 12-0866 PLEXUS 20214 CSA 20214 $ 29.04 POLISH-CLEANER, PLEXUS #371 12-0871 MEGUIRS A-1216 CSA A-1216 $ 8.18 WAX, CLEANER, LIQUID, 16 OZ , MEGUIA 12-2625 HAPPICH CC-80 CSA CC-80 $ 18.25 POLISH, METAL, CHROME, 50 GRAM TUBE 21-0476 LINCOLN 5852 CSA 5852 $ 4.60 COUPLER, GREASE GUN, 1/8 FPT, LINCOL 21-2159 X-TRA SEAL BLK PN210 BLK PN-210 $ 9.01 GUN, BLOW, SAFETY TIP (30 PSI SWIVEL 21-2175 LINCOLN 1133 CSA 1133 $ 45.63 GUN, GREASE, HAND PUMP, PISTOL GRIP 55-2433 3/M 01407 MMM 36535 $ 48.69 DISK, SANDING, SPIN-ON, 3", 3M #1407 61-0505 MOTORCRAFT XT10QLVC MTC XT10QLVC $ 5.76 ATF ULV 61-0510 AC DELCO 10-9394 DEL 10-9394 $ 4.89 ATF, FULL-SYN.,DEX-VI, DELCO 10-9243 61-0515 MOT XT12QULV MTC XT12QULV $ 5.87 ULV ATF
61-0968 SWEPTCO CSA103 CSA 103 $ 14.83 GREASE W/MOLY, SWEPCO 103 MOLY H I P 61-1085 CRC 05074 CRC 05074 $ 3.82 SILICONE SPRAY, CRC 05074 61-1087 W40 HDC490040 555 HDC490040 $ 8.68 LUBRICANT, SPRAY, PENETRANT, WD-40 61-1099 FVP WLGS-13 FVP WLGS-13 $ 2.63 GREASE, WHITE LITHIUM, SPRAY, CRC 05 61-1100 PER 80075 PER 80075 $ 4.04 OIL, PENETRATING, CHAIN & CABLE, 61-1107 CRC SL2531 CRC SL2531 $ 6.30 LUBRICANT, AIR LINE, LUCAS 10200 61-1145 PER 24240 PER 24240 $ 18.58 THREAD LOCKER, REMOVEABLE, PERMATEX City Council 29 – 18 6/4/2024
61-1150 PER 59235 PER 59235 $ 8.83 SEALANT, THREAD, PERMATEX 59235 61-1165 LOCTITE 79040 CSA 79040 $ 22.39 REMOVER, GASKET, LOCTITE 79040 61-1450 MOTORCRAFT XO5W20Q1SP MTC XO5W20Q1SP $ 4.49 OIL, MOTOR, SAE 5W20, QUART CONTAINE 61-1455 MOTORCRAFT XO5W30Q1SP MTC XO5W30Q1SP $ 4.49 OIL, MOTOR SAE 5W30 , QUART CONTAINE 61-1460 AC DELCO 10-9129 DEL 10-9129 $ 6.50 OIL, MTR, DEXOS, 5W30, 2015-17 COLOR 61-1465 MOTORCRAFT XO15W40QSDF MTC XO15W40QSDF $ 4.31 OIL, MOTOR, SAE 15/40, QUART CONTAIN 61-1806 MMM 08897 MMM 08897 $ 5.11 LUBRICANT, MOLY DRY, SPRAY, CRC 0308 61-2000 MOTORCRAFT XY80W90QL MTC XY80W90QL $ 7.20 GEAR LUBE 61-2060 FVP PSF-QT FVP PSF-QT $ 3.28 FLUID, POWER STEERING, JOHNSEN'S 461 99-0126 PER 82190 PER 82190 $ 1.14 ADHESIVE, INSTANT, (1 OZ BOTTLE), L 99-0358 555 MCC7237 555 MCC7237 $ 0.41 BRUSH, ACID, DORMAN 25115 (2-PACK) 99-0689 PER 80855 PER 80855 $ 13.76 SEALANT,SILICONE ADHESIVE, CLEAR, PE City Council 29 – 19 6/4/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 30
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 4, 2024
TOPIC: Public Works Cost Recovery Analysis

AGENDA TITLE
Agreement for Public Works Cost Recovery Analysis Services (General Fund and NonGeneral Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Government Consulting Partners, Inc. to provide a comprehensive analysis of Public Works billable rates and indirect cost calculations in an annual amount not to exceed $120,000, which includes an $11,000 contingency, for a one-year term from July 1, 2024 through June 30, 2025, with the option of two, one-year extensions, for a total amount not to exceed $360,000 (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Public Works Agency provides a wide variety of services to the community that incur operational costs which include labor, materials, and various indirect or overhead charges. Staff recoups as much of these costs as possible through various grants, fees, and cross charges. Developing a methodology of identifying the true costs of service for these activities is vital to the accurate and efficient recovery of these funds and the capture of revenue. This is especially true with requesting reimbursements from other government agencies such as Caltrans, who require indirect cost allocation plans to justify payment amounts to the City.

The Public Works Agency recommends performing a comprehensive analysis of its billable rates and indirect cost methodologies to ensure that the City is fully identifying service costs, capturing available revenues from external partners, and reducing costs to the City. To that end, a Request for Proposals (RFP) No. 24-058 was issued on April 3, 2024 on the City’s online bid management and publication system, Planetbids. A summary of vendor participation and results is as follows:
449 Vendors Notified
12 Santa Ana Vendors Notified
22 Vendors Downloaded the Bid Packet
City Council 30 – 1 6/4/2024
Public Works Agency Cost Recovery Analysis
June 4, 2024

3 Proposals Received
0 Proposals Received from Santa Ana
Vendors
Proposals were solicited, opened on April 3, 2024, and evaluated. Three proposals were submitted by the RFP deadline and all three were determined to be responsive to the specifications and met the City’s requirements. Proposals were scored by a staff panel and were rated based on responsiveness to the RFP, experience of the firm, and pricing. Staff recommends the approval of the agreement with Government Consulting Partners as they demonstrated the most relevant expertise, capacity, and experience as specified in the RFP.

FISCAL IMPACT
Funds are available in the proposed Fiscal Year 2024-2025 and funding for subsequent fiscal years will be included in the proposed budgets for City Council Consideration.

Fiscal
Year
Accounting
UnitAccount #
Fund
Description
Accounting Unit,
Account
Description
Total
2024-25 01117017-
62300
General Fund PWA- Service
Enhancement –
Contract Services –
Professional
$60,000
2024-25 10117601-
62300
Public Works –
Administration &
Planning
Public Works –
Admin Services –
Contract Services
Professional
$60,000
FY 24-25 TOTAL $120,000
Optional 1st-Year Extension
2025-26 01117017-
62300
General Fund PWA – Service
Enhancement –
Contract Services –
Professional
$60,000
2025-26 10117601-
62300
Public Works –
Administration &
Planning
Public Works –
Admin Services –
Contract Services –
Professional
$60,000
FY 25-26 TOTAL $120,000
Optional 2nd-Year Extension
2026-27 01117017-
62300
General Fund PWA – Service
Enhancement –
Contract -
Professional
$60,000
City Council 30 – 2 6/4/2024
Public Works Agency Cost Recovery Analysis
June 4, 2024

Fiscal
Year
Accounting
UnitAccount #
Fund
Description
Accounting Unit,
Account
Description
Total
2026-27 10117601-
62300
Public Works –
Administration &
Planning
Public Works –
Admin Services –
Contract Services –
Professional
$60,000
FY 26-27 TOTAL $120,000
TOTAL $360,000

EXHIBIT(S)

1. RFP for Cost Recovery Services

2. Government Consulting Partners Submittal

3. Agreement with Government Consulting Partners
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, Acting City Manager
City Council 30 – 3 6/4/2024
REQUEST FOR PROPOSALS NO. 24-051
FOR

PUBLIC WORKS AGENCY

COST RECOVERY ANALYSIS

CITY OF SANTA ANA
KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers.

Issue Date: Wednesday, April 03, 2024
Deadline for Questions: Tuesday, April 16, 2024, 4:00 P.M.

Proposal Due Date: Thursday, April 25, 2024, 4:00 P.M.

EXHIBIT 1
City Council 30 – 4 6/4/2024

CITY OF SANTA ANA

TABLE OF CONTENTS
I. BACKGROUND ........................................................................................................................... 3 II. OVERVIEW OF PROJECT .......................................................................................................... 3 III. TERM OF AGREEMENT ............................................................................................................ 3 IV. MINIMUM QUALIFICATIONS ...................................................................................................... 3 V. RESPONSE TO RFP .................................................................................................................. 3 VI. CERTIFICATIONS (ATTACHMENTS) ......................................................................................... 7 VII. REFERENCES ............................................................................................................................ 8 VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE ......................................................................... 8 IX. SELECTION PROCEDURES & CRITERIA ................................................................................. 8 X. WITHDRAWALS.......................................................................................................................... 9 XI. GENERAL TERMS AND CONDITIONS .................................................................................... 10 XII. AWARD OF AGREEMENT ........................................................................................................ 14 XIII. IMPLEMENTATION ................................................................................................................... 15

EXHIBITS
Exhibits provided herein for Proposers’ reference only.

EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE AGREEMENT

ATTACHMENTS
A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING

B REFERENCES
C PROPOSER’S STATEMENT

D NON-COLLUSION AFFIDAVIT

E NON-LOBBYING CERTIFICATION

F NON-DISCRIMINATION CERTIFICATION
City Council 30 – 5 6/4/2024

CITY OF SANTA ANA
I. BACKGROUND
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.org/
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide consultation on cost recovery methodologies and work plans to accurately calculate full costs of service to capture lost revenue. See EXHIBIT I for complete Scope of Services.

The term “Vendor”, “Proposer”, “Firm”, “Consultants”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP).

III. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial one (1) year period. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed three (3) years.

Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period.

Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required.

IV. MINIMUM QUALIFICATIONS
1) Contractor must have been in business continuously for the most recent five (5) years prior to the date of this RFP.
2) Proposers must have a minimum of seven (7) years’ experience providing similar services to other government agencies. Proposers must have provided similar services for a minimum of three (3) years to at least two (2) government agencies with tax revenues exceeding $150 million
3) Proposers must not have had any disciplinary action taken or pending against them during the past (5) years with state regulators, government agencies, or professional organizations.

V. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted.

City of Santa Ana
City Council
RFP 24-051
30 – 6 6/4/2024

CITY OF SANTA ANA
PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137.

Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City’s assigned Buyer.

Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.

Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.

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

B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.

The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s).

C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.

Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.

General process questions may be directed to the following:

Megan Ornelas
Buyer
[email protected]
City of
City Council
Santa Ana RFP 24-051
30 – 7 6/4/2024

CITY OF SANTA ANA
D. EXCEPTIONS
Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions.

E. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137.

Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.

F. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.

G. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.

1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City’s required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following:

City of
City Council
Santa Ana RFP 24-051
30 – 8 6/4/2024

CITY OF SANTA ANA
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity.

Cover Letter shall not exceed one page.

Cover letter must be addressed to the following City Project Manager:

Rudy Rosas, Deputy Public Works Director / City Engineer City of Santa Ana – Public Works Agency
20 Civic Center Plaza
Santa Ana, CA 92701
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the City as described in EXHIBIT I – Scope of Services.
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:
i. A general description of the firm, including size and number of employees working directly with the City on this agreement.
ii. Firm’s nearest address serving the City of Santa Ana and headquarters address.
iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. 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 to an interview. iv. Resumes for all key staff proposed describing relevant experience. e. Proposed Work Plan
Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services.

Additionally, proposed work plan shall include Proposers’:
i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline.

References: Attachment B – References shall be submitted for similar projects performed for state and/or similar government clients.

City of
City Council
Santa Ana RFP 24-051
30 – 9 6/4/2024

CITY OF SANTA ANA

2. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages.

The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure.

Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.

Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City.

Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows:

Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.)
VI. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
 Attachment A: Proposer’s Certification and Proposal Item Pricing  Attachment B: References
 Attachment C: Proposer’s Statement
 Attachment D: Non-Collusion Affidavit
 Attachment E: Non-Lobbying Certification
 Attachment F: Non-Discrimination Certification
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.

City of
City Council
Santa Ana RFP 24-051
30 – 10 6/4/2024

CITY OF SANTA ANA
PLEASE NOTE:
 All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer.
 City will not waive notarization requirement when applicable on any of the required attachments.

VII. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references.

City may disqualify a Proposer if:
 References fail to substantiate Proposer’s description of services and deliverables provided; or
 References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or
 City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.

VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE
See Exhibit II – Sample Agreement
IX. SELECTION PROCEDURES & CRITERIA
A. Evaluation: The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below.

B. Scoring Criteria: Proposers will be ranked by the review committee based on the following criteria:

CATEGORY POINTS
Responsiveness to RFP
 Proposal’s compliance with the requirements of this RFP.  Scope of Services offered including ability to provide optional services.  The value to any new and/or innovative product or service suggestions or other new ideas and enhancements.
15 Experience of Firm and Personnel
 The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned staff.
50 City of
City Council
Santa Ana RFP 24-051
30 – 11 6/4/2024

CITY OF SANTA ANA

C. Rankings: A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above.

D. Interviews: The review committee may invite the proposers to interview. If invited to interview, Proposers must be prepared to include key personnel in the interview and/or presentation.

The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions.

E. Selection: The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non-responsive and may be rejected.

The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate.

X. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.

Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible.

Proposed Pricing
 Reasonableness of Cost 25
References
 References that are similar in size and project scope to the City. 10

TOTAL POSSIBLE SCORE
(Before interviews – if held) 100
Interviews
 The City reserves the right to conduct interviews with the highest-rated firm(s). In the event the City does perform an interview process, the following is the maximum number of additive points that may be applied to the proposal score. Total possible score may exceed 100 points. 20 City of
City Council
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30 – 12 6/4/2024

CITY OF SANTA ANA
XI. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.

B. CITY BUSINESS LICENSE
The selected proposer must obtain a City of Santa Ana Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the City’s website: www.santa-ana.org
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this 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.

D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.

Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.

No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract.

E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Precontractual expenses are not to be included in the cost proposal. Pre-contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and City of
City Council
Santa Ana RFP 24-051
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CITY OF SANTA ANA
additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract.

Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract.

F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld.

Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City.

G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal.

H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City.

All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract.

All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.

I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts.

City of
City Council
Santa Ana RFP 24-051
30 – 14 6/4/2024

CITY OF SANTA ANA
J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated.

Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers.

Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.

K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation
L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City.

M. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City.

Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City.

N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture.

Should the use of sub-consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor.

The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors.

City of
City Council
Santa Ana RFP 24-051
30 – 15 6/4/2024

CITY OF SANTA ANA
O. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.

Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.

Q. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.

R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.

S. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City.

T. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.

City of
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Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel.

U. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.

V. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.

W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.

X. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.

Y. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work.

The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors.

XII. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.

A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, City of
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insurance documents and contents of the payment information packet have been received and approved.

XIII. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling.

City of
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Santa Ana RFP 24-051
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CITY OF SANTA ANA
Consultant shall perform services as set forth below.

I. Data Collection, Review of Current Fees, Rate Structures, and Cost Analysis a. Participate in a kick-off meeting between consultant and City staff to review objectives of study, agree to methodology, exchange information, timing and schedule for all tasks, and to determine information to be provided by Agency staff. b. Review applicable City documents including but not limited to General Plan, Master Plans, Capital Improvement Program (CIP), current fees, municipal code, and other relevant City documents.
c. Evaluate the City’s existing services to gain an understanding of the City’s operations. d. Meet with staff and conduct interviews as needed to gain an understanding of the City’s functions and operations.
e. Research cost restrictions by funding agencies, such as Caltrans. f. Review methodology of various user fees levied by the city. g. Research methodologies on existing indirect and administrative costs the City charges internally.

II. Billing Hours
a. Develop billable hour targets for Public Works Agency staff members in CIP Engineering, Construction and Traffic based on direct and indirect cost calculations. b. Identify all indirect costs associated with staff activities. c. Calculate full cost (direct and indirect) hourly rates for Engineering staff, based on differing program allowances and restrictions.
d. Ensure costs are appropriate and applicable to funding agency guidelines, including Caltrans.
e. Develop a training and management program to ensure staff are aware of targets and how to correctly and accurately manage timesheets.
f. Monitor timesheets on a monthly bases to ensure target hours are being met.

III. User Fees
a. Determine full costs of both fixed and variable user fees in Public Works. b. Identify alternative methods (if any) of charging fees to ensure efficient and reasonable rates.

IV. Findings, Recommendations, Final Reporting and Presentations

EXHIBIT I

SCOPE OF SERVICES
City of
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a. Prepare draft and final reports to submit to the City containing background information, methodology, findings, and recommendations.
b. Meet with Public Works Agency and Finance Department staff to discuss findings and issues.
c. Identify and create backup documentation for indirect charges. d. Prepare a comparison between the fees charged by City-selected jurisdictions and the City’s proposed fees. Gather the required information to compare total fees that would typically be charged for specific types of projects.
e. Develop draft Fee Study: Consultant shall prepare a Draft Fee Study and participate in various presentations to select City staff or other interested parties as deemed necessary by staff. Consultant shall collect and document comments and concerns from staff and incorporate those comments as directed.
f. Prepare and deliver a presentation, to the Santa Ana Environmental and Transportation Advisory Commission and the Santa Ana City Council to facilitate understanding of the proposed fees; provide necessary adjustments, if requested. g. Prepare and manage the public comment procedure as required by the Mitigation Fee Act. h. Recommend adjustments to the Municipal Code if necessary. i. If the Consultant feels that additional tasks are warranted, they must be clearly identified in the Consultant’s proposal. The City reserves the right to modify the scope of services before the contract is awarded depending on cost and the City’s confidence in the selected vendor.

City of
City Council
Santa Ana RFP 24-051
30 – 20 6/4/2024

CITY OF SANTA ANA

CONSULTANT AGREEMENT

CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 20__ by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

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

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

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

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

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

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation – EXHIBIT II. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice 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 one (1) year term with the option for the City to grant up to a two (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employeremployee 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

EXHIBIT II

SAMPLE AGREEMENT
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SAMPLE
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security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

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

Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.

MINIMUM SCOPE AND LIMIT OF INSURANCE

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.

2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits.

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

4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.

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

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

1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.

2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.

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SAMPLE
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3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.

5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Responsible Staff), 20 Civic Center Plaza (M-XX – Responsible Staff’s Department mail box), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

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.

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.

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

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

7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation City of Santa Ana RFP 24-051 Page 20 of 31
SAMPLE
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in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

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

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

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

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

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

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement City of Santa Ana RFP 24-051 Page 21 of 31
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may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City.

Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

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

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

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

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

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

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

City of Santa Ana RFP 24-051 Page 22 of 31
SAMPLE
City Council 30 – 25 6/4/2024

CITY OF SANTA ANA
To City:

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

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

To Contractor:

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

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

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

ATTEST: CITY OF SANTA ANA
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:

City of Santa Ana RFP 24-051 Page 23 of 31
SAMPLE
City Council 30 – 26 6/4/2024

CITY OF SANTA ANA
Jennifer L. Hall Tom Hatch
City Clerk Interim City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONSULTANT:

City Attorney
By:

Assistant City Attorney
Tax ID#
RECOMMENDED FOR APPROVAL:

Executive Director
[INSERT] Agency

SAMPLE ONLY
(name)
(title)
City of Santa Ana RFP 24-051 Page 24 of 31
SAMPLE
City Council 30 – 27 6/4/2024

CITY OF SANTA ANA
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.

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

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________

BUSINESS ADDRESS
__________________________________________________________________________________

PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________

SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________

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

CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
City of Santa Ana
City Council
RFP 24-051
30 – 28 6/4/2024

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

REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
__________________________________________________________________________________

REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
__________________________________________________________________________________

REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT B

REFERENCES
City of Santa Ana
City Council
RFP 24-051
30 – 29 6/4/2024

CITY OF SANTA ANA
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto.

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

Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.

All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP.

Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT C
PROPOSER’S STATEMENT
City of Santa Ana
City Council
RFP 24-051
30 – 30 6/4/2024

CITY OF SANTA ANA
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.

Signed____________________________________________________________________________ State of ________, County of __________________________________________________________ Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
________________________
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT D

NON-COLLUSION AFFIDAVIT
City of Santa Ana
City Council
RFP 24-051
30 – 31 6/4/2024

CITY OF SANTA ANA
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

ATTACHMENT E

NON-LOBBYING CERTIFICATION
City of Santa Ana
City Council
RFP 24-051
30 – 32 6/4/2024

CITY OF SANTA ANA
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.

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

2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract

ATTACHMENT F

NON-DISCRIMINATION CERTIFICATION
City of Santa Ana
City Council
RFP 24-051
30 – 33 6/4/2024

CITY OF SANTA ANA
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 subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.

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

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

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

City of Santa Ana
City Council
RFP 24-051
30 – 34 6/4/2024

PROPOSAL FOR
Public Works Agency Cost Recovery Analysis
No. 24-051
Offered by:

Government Consulting Partners, Inc. (GCP)
April 23, 2024
EXHIBIT 2
City Council 30 – 35 6/4/2024
Government Consulting Partners City of Santa Ana PW Proposal 2 City of Santa Ana, California April 23, 2024
Attn: Rudy Rosas
Deputy Public Works Director/City Engineer
20 Civic Center Plaza
Santa Ana, CA 92701
Dear Proposal Committee:

Government Consulting Partners, Inc. (GCP) is pleased to submit this proposal for a public works agency cost recovery analysis. Every aspect of our proposal revolves around our team. Our team is uniquely suited for this project. It was built for this project. No other team will be like it. “Our team” not only includes the four individuals below, but it also includes the city team who will participate in this effort. Without the dedicated city staff who are enthusiastically jumping in on this project, the effort would fail. We recognize this.

Project Team:

Our team includes:

J Bradley Wilkes
40 years of experience – Focused solely on the full cost analysis of local government.

Jeff Wakefield
30 years of experience – Focused solely on the full cost analysis of local government with an emphasis on development services.

Cindy Sconce
23 years of experience – Focused solely on the full cost analysis of local government with an emphasis on meeting state and federal requirements to recover those costs.

Bill Busath
30 years of engineering experience - with state and local government.

If our team is selected to partner with city staff on this important project, we look forward to putting our best effort into producing an outstanding study result.

Sincerely,
J Bradley Wilkes
J Bradley Wilkes
President
5016 Brower Ct
Granite Bay, CA 95746
City Council 30 – 36 6/4/2024
Government Consulting Partners City of Santa Ana PW Proposal 3

TABLE OF CONTENTS

SECTION PAGE
Cover Letter 2
Executive Summary 4
______________________________________________________________________ I. Services Provided 6

2. Agreement Statement 10

3. Firm and Team Experience 11

4. Proposed Work Plan 13

5. Cost Proposal 20
ATTACHMENTS:

A Certificate and Proposal Pricing
B References
C Proposer’s Statement
D Non-Collusion Affidavit
E Non-Lobbying Certification
F Non-Discrimination Certification
______________________________________________________________________ City Council 30 – 37 6/4/2024
Government Consulting Partners City of Santa Ana PW Proposal 4 Executive Summary
cost recovery study has been a staple for California cities for the past 40 years, and typically, it is at this point in the proposal, we talk about the “art” and the “science” of the study. Because these studies operate in the world of allocation and indirect costs – which by definition are built on estimations - they do not reach a “CPA” level of accounting accuracy. They are more art than science. While this is true, too often consultants use this as an excuse to lower expectation for the study as a whole. In this proposal, GCP is throwing out this disclaimer. We are aiming for perfection, and we are confident we can get it.

There are two key reasons for this confidence:

First, the strength of our project team and second, our strategy to jump any hurdles and hit the project targets. The targets are very clear and the hurdles to hit those targets are not a mystery.

Project Team: The targets we need to hit for success, and the potential hurdles in front of us blocking those targets, can all be conquered through teamwork. Our project team includes:

Brad Wilkes. Brad has been working exclusively with local governments for the past 40 years.

He has built a number of successful consulting firms and has worked his way up from a frontline consultant to the highest levels of management for a number of national firms. Specific to this proposal, he has also participated in at least a dozen cost recovery projects for development-related services for the city of Santa Ana.

Jeff Wakefield. Jeff is one of the state’s most qualified cost analysts. His 30-year career has been focused on development-related services in city and county government. His comfort zone is in the world of building, planning, traffic, engineering, and all things development.

During his career, Jeff has also completed several cost recovery studies for the city of Santa Ana.

Cindy Sconce. Cindy’s 23-year career has also been focused on cost analysis of local government. While she and Jeff have somewhat parallel interests in the development functions of city government, she is one of only a few consultants in the state that pairs this experience with the second important step of a project like this – the actual experience in navigating the confusing and complex web of state and federal requirements that must be met to obtain reimbursement of many of those costs.

Bill Busath. Bill’s key role as a team member is a linchpin for the success of our effort. He will view this effort through the lens of a city staff member. Too often, as consultants to government, we make assumptions and plans based on our experience – just assuming these A
City Council 30 – 38 6/4/2024
Government Consulting Partners City of Santa Ana PW Proposal 5 plans and assumptions fit the city we are working with. This fundamental error can be a nagging, sometimes unseen, fatal error. Bill’s assignment in this study is to navigate and guide our team through this hurdle. Bill ended his career in local government as the Director of Utilities in the city of Sacramento. He worked his way up from being a front-line Caltrans engineer and junior staff member in Sacramento, to working in the highest levels of city government. He brings an extensive resume to our team.

City Staff Members: It would be a huge oversight to minimize the effort and contribution of city staff in this effort. Without their knowledge, determination and enthusiasm, this project will fail. We look forward to working hand in hand with city staff, managers, and directors.

Project Targets: While the targets for success and the
hurdles in front of those targets are many, they can be summarized in five key areas:

Development related services in Santa Ana account for
almost $12 million of cost. This is our main target. The calculation and recovery of those costs. These services employ a number of costing and charging permit fee
charging mechanisms. These fees are designed to
address the unique nature of each permit. Many
services lend themselves to a fixed fee. These services are more often routine in nature, each similar to the next, and the effort by staff members can be estimated fairly accurately. These services are then charged using a fixed fee based on an assumed number of hours.

Fees charged on a variable basis – valuation, and square footage – represent several challenges not found when analyzing services charged by fixed fees. The complexity of valuation tables and the estimation of project size represent unique challenges – both positive and negative. The experience of our project team makes sense of this complexity and brings order to what can be a confusing process.

A third, very key target in Santa Ana public works, are services that are charged using hourly rates. When done correctly, this is the most accurate method of charging for services. But it is complex – because there are a hundred moving parts – and therefore, a daunting challenge for local governments to harness accurately. Because this is a methodology that many state and federal government reimbursing agencies require, it represents the biggest challenge for local governments to meet. Many give up and forfeit any chance of recovery for these related services.

Our project team understands the mechanics of doing these studies – fees based on fixed and variable fees, and the calculation of hourly rates. Notably, what sets our team apart is our experience in obtaining reimbursement of costs through each of these charging mechanisms.

It is not our goal, or the city’s goal, to employ a consultant year after year to manage this effort.

One important aspect of our work is to set a foundation of systems that define repeatable steps that city staff can follow to obtain long term reimbursement of city costs. $12 Million
City Council 30 – 39 6/4/2024
Government Consulting Partners City of Santa Ana PW Proposal 6 -These are our targets, and the hurdles we need to jump to hit these targets are clear. Our team is confident and ready to go. The remaining sections of our proposal will examine in detail options, ideas, processes, and experiences we have developed over our careers. We are looking forward to combining these experiences with the ideas and experiences of city staff and managers as we explore the best practices found across the country.

Services Provided
overnment Consulting Partners (GCP ) is a firm focused on the analysis of the full cost of governmental services. This includes the development of federal 2CFR 200 and full cost allocation plans, indirect cost rates, the full cost of providing user fee and SB 90 claiming services and other related cost and revenue enhancement consulting services. The city’s RFP requested the following services:

I. Data collection, review of current fees, structure, and cost analysis.

Our GCP team has years of experience working in the city. We want to capitalize on this experience, while also, listening to staff and
understanding their goals and objective for the
project. This experience gives us a head start in
every aspect of what is outlined in the RFPs
scope of services. However, as we think
about the first few weeks of this study, we
know we will quickly realize we don’t know
everything. We will approach the kickoff
meeting and the interactions of our team
with city staff with this in mind. Using this
graphic as an example, we want to listen
first, act second. While our GCP team
certainly has preconceived ideas and
plans, we will not discount the input and
direction from the city team who have years of
actual real-life experiences with the services the
study is focused upon. We will take notes, share
ideas, then put all the ideas together and finalize a
plan of attack.

In parallel with these beginning meetings, in
the background, our team members will hit
the ground running and waste no time
learning or asking about what basic data is
needed and how to get it. We understand exactly
G
City Council 30 – 40 6/4/2024
Government Consulting Partners City of Santa Ana PW Proposal 7 what data is needed and we can quickly match what is needed with how to find it. Brad and Jeff first began working with Santa Ana in the late 1990s and Brad has been involved with city projects on an annual basis since 2015. We understand the city organizational structure, we feel comfortable communicating with the city’s finance and administrative departments, and we know the pluses and minuses of city reports – such as those produced by the Lawson system and the centralized accounting systems. We know the citywide account structure and the budget unit codes of funds, departments, divisions, etc. We feel at home reading technical data and can quickly communicate with city staff using the same “language” as we gather the documents and reports that will be the foundation of our calculations.

Since this RFP has gone out, our team has spent hours online reviewing fee structures and noting areas of strength and areas that may be open for improvement. We will not only provide a cost analysis, but we will listen to staff about what is working well and what is not in terms of structure, management, process, etc. We look forward to talking about streamlining fee schedules, discussing pros and cons of valuation-based structures, square footage-based fee structures, and the convenience of fixed fee charges and balancing the accuracy vs. the administrative work required for accurate hourly rate charged fees.

The second step of this study is after the costs have been reviewed and calculated – how does the city recover these costs? Cost recovery can be made in a number of ways, including user fee charges, grant funding, state and federal reimbursement (SB 90, Caltrans, etc.) GCP team members have experience guiding city governments through each potential aspect of cost reimbursement. This effort of cost calculation and the corresponding reimbursement of those costs is multidimensional. Each avenue of potential reimbursement has its own requirements. How are indirect costs calculated and are these calculations supported by substantial backup, do they follow the unique guidelines of each reimbursement option? Our project team has prepared hundreds of citywide cost allocation plans (both full cost and federal/state (2 CFR Part 200) cost plans), departmental cost plans and our team has submitted and navigated more calculations to approving authorities than has any other team of four members in the state. This gives us confidence that this section of the study will be successful.

II. Billing Hours.

The operations and services that public works is responsible for span across fund and department lines. Each operation and service has a profile. This profile – what is done, who is the customer, who does the work, how long does it take, etc. – will drive how the cost is calculated and how it is then charged and reimbursed. This profile also drives the requirements that shape how costs are calculated. For many user fee services the state code provides direction, for example, it is generally accepted by California agencies that user fee charges cannot recover more than reasonable estimates of the cost to provide the service. This generally applies to most of the services we will review in the city. This RFP is different than most city user fee RFPs. The services included in this study have profiles that dramatically vary. Understanding each service and how it will be charged and recovered is key to success. This section of the RFP – hourly rates – points directly to the reimbursement of Caltrans funded projects. Understanding how to calculate and then get reimbursement of those project costs requires an in-depth understanding of Caltrans rules and requirements. A major part of those requirements is the correct development and use of hourly rates. Hourly rates calculated for the estimation of fixed fee-based user fees in the general fund – can be exactly that – estimates. For Caltrans reimbursements, they cannot. The foundation of solid City Council 30 – 41 6/4/2024
Government Consulting Partners City of Santa Ana PW Proposal 8 hourly rate calculations comes directly from time sheets and time keeping systems. These systems are more than the transactional effort of entering hours per project into time sheets. To have a defendable hour rate study, the following steps need to be built:

Starting with the end in mind – for a department in the city to recover maximum costs for services they provide – a process must be developed to track and then charge for each step that was taken to provide that service. This process, for many services provided by the city, is directly tied to how many hours each service is required. There are specific rules and requirements that dictate how these hours are tracked and then charged.

Through analysis and interviews, we will determine the number of annual billable hours each staff position can reasonably do. This will be dependent on the type of work each person is responsible for. Administrative, clerical, supervision related positions will have fewer billable hours than a frontline engineer or inspector. Each
position will be
reviewed, and a
“target” number
of billable hours
will be
developed.

Once those
targets are
established, that
process must
merge with the
systems used by
the city to input
and then track
those hours.

Each month, the
system will
report back how the targets are begin met and adjustments can be made to fine tune those targets. At the end of 12 months, reliable data that meets Caltrans requirement will become the basis for the full cost recovery of Caltrans funded projects.

This is a key step - one that will drive the entire success of cost recovery for a major section of the city’s cost recovery goals. We are confident that we have technical skill to make these calculations and that we have the management skills to develop processes that define repeatable steps that city staff can follow to obtain long term reimbursement of city costs and coach and guide city staff through any challenges that may arise.

III. User Fees.

A dominant part of the study will be the review of the “traditional” development related user fee service provided by most California cities. The cost of these services are recovered by permit fees that may be fixed in nature – based on an average estimate of time and the full cost of that time – or recovered by a variable measure – based on size, either valuation or square footage. We are City Council 30 – 42 6/4/2024
Government Consulting Partners City of Santa Ana PW Proposal 9 looking forward to listening to city staff and learning from them what is working and what could be improved. We can bring examples from the hundreds of cities we have worked with and can help guide this discussion to something more than just a rudimentary calculation of cost.

The graphic below illustrates some of the innovative concepts our staff has developed:

BEST PRACTICES – PERMITTING AND FEE CHARGING

METHODOLOGIES DEVELOPED BY GCP TEAM MEMBERS
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Government Consulting Partners City of Santa Ana PW Proposal 10 IV. Findings.

GCP is committed to accomplishing all the reporting and presentations listed as, a – i, in this section of the RFP. Our reports will be pointed toward both a technical audience (Caltrans reviewers and accountants) and to policy and decision makers. Our team is skilled and enjoys the opportunity to share and explain, both in detail and at a high level, our work. Our team is designed for opportunities like this. A summary of the strength or our team is illustrated below:

Agreement Statement
GCP concurs with the provisions outlined in the city’s Sample Agreement.

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Government Consulting Partners City of Santa Ana PW Proposal 11

FIRM AND TEAM EXPERIENCE

overnment Consulting Partners (GCP ) offers a team handpicked to address the challenges of California local government. Our firm consists of four professionals, all top in their fields.

We are based in the Sacramento area, but our work has always been dominated by southern California cities and counties. We move seamlessly up and down the state. The city will find that the ease of working together will make it look like our office is next door! Each member of our team could conduct all phases of this project, so it has been difficult to make the traditional assignments or project work by team member. Instead, we would like to slot each team member into focus groups, knowing that we will slide in and out of all phases of the work. Our graphic below shows these focus groups:

We are pleased to introduce the best-selling point of our “firm” – our people.

G

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Government Consulting Partners City of Santa Ana PW Proposal 12 J Bradley Wilkes
40 years of experience – Focused solely on the full cost analysis of local government. • Founder and President of Government Consulting Partners (GCP) • Senior Manager working with MGT Consulting
• Founder and President of Public Resource Management Group (PRM) • Division President of Maximus
• Executive Vice President with David Griffith and Assoc. (DMG) Brad started his career in local government consulting in 1982. He was trained in the preparation of county cost allocation plans and state mandated cost claiming. This set a foundation of understanding the strict requirements of recovering indirect and direct costs from reimbursing federal and state agencies. Later, when city governments began to use the same tools to calculate costs and seek reimbursement via the same agencies and through user fee charges, Brad moved quickly into city consulting as well. During his career, Brad rose to the top levels of corporate management with a number of different national consulting firms – all focused on managing the reimbursement of the full cost of local government services. He has also founded two regional boutique consulting firms, again, focused on local government management of cost and revenue.

Jeff Wakefield
30 years of experience – Focused solely on the full cost analysis of local government with a focus on development services.
• Senior Member of the Government Consulting Partners
• Senior Manager with MGT Consulting
• Senior Manager with Wilden Consulting Group
• Project Manager with Maximus
• Senior consultant with David Griffith and Associates (DMG) • Consultant with Vertex consulting
Jeff and Brad have worked together several times over their careers. Jeff is a leading expert in the state as it related to user fee services in the develop areas. He has completed hundreds of building, planning, engineering, traffic, CIP and other development related studies focused on the calculation of the full cost of services and the best ways to recover those costs. Jeff has worked for cities as large as San Diego and Sacramento and as small as Laguna Hills.

Bill Busath
30 years of engineering experience with state and local government. • Senior member of Government Consulting Partners
• Director of Utilities – City of Sacramento
• Registered Civil Engineer – City of Sacramento
• Junior engineer with CalTrans
Bill brings our team a specific skill no other consulting firm has – 30 years of experience in state and city government. Working his way from a front-line engineer to the highest levels of city government, Bill’s experience brings a unique skill set to this project.

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Government Consulting Partners City of Santa Ana PW Proposal 13 Cindy Sconce
• Senior Member of the Government Consulting Partners
• Senior Manager with MGT Consulting
• Senior Manager with Nimbus Consulting Group
• Principal Consultant with Maximus
• Manager with Centration

Cindy has recently joined GCP and brings a much-needed skill set to our team. In addition to her vast user fee experience working with cities and counties – both large and small – she brings hands on experience completing hourly billing rate studies, then guiding the calculations through the approval process at Caltrans. Her experience will be vital to the success of this project.

To explore a complete list resumes, projects and clients by team member please follow the links below:

GCP Experience

Proposed Work Plan
I. Approach.
he GCP approach is designed to provide the City with a solid foundation of innovative, yet functional user fee practices, processes and fees. Because we don’t assume we know it all, this foundation will be built upon methodologies the city has developed over the past number of years married with best practice options that, after consulting with City representatives, clearly fit the needs of Santa Ana.

We respect the efforts of the staff, consultants and Council who developed the existing master fee schedule and accompanying fee structures and policies. GCP only recommends changes that accomplish one of several things:
• Increase fee equity across the spectrum of applicants. • Increase user-friendliness for customers.
• Eliminate a conflict with State or Federal law.
• Further policy goals of the City.

T
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Government Consulting Partners City of Santa Ana PW Proposal 14 During interviews, GCP solicits opinions from Santa Ana’s staff regarding areas where the master fee schedule could be improved. These ideas often stem from complaints and feedback received at the front counter or over the phone. This is invaluable feedback that could improve customer experience and increase overall equity of the fee schedule.

WORKPLAN

The following work plan illustrates our step-by-step process and can be adjusted to meet the City’s specific needs once the contract is signed and the project starts.

Step one: Kickoff Meetings & Data Gathering Meetings:
1) Meet with the City management team and department heads to introduce study. Confirm City’s overall project lead. Confirm communication protocols. 2) Obtain budgets, staffing information, adopted fee policies, etc. to begin the project.
3) Initial meetings with individual departments:
▪ Explain the fee study process and goals.
▪ Review the department’s fee schedule and solicit feedback for improvement.
▪ Provide copies of regional best practice fee schedules ▪ Hear from staff any specific issues or challenges GCP should be aware of regarding their department.

4. Data gathering meetings: Conduct on-site or virtual meetings with each department under study. Strive to obtain 90% of time requirement data from these meetings to minimize staff homework assignments.
1) Identify personnel (within and outside the department) typically involved with each fee service and work with staff to develop reasonable time estimates. 2) Discuss ground rules and assumptions for time estimates. E.g., include driving time? Include required re-checks?
3) Discuss any proposed fee structure changes. These can stem from frequent customer complaints, City staff’s observations or best practice knowledge of the consultant. 4) Identify any significant materials costs (e.g. water meters) or contractor costs. 5) Request activity reports indicating how many times each fee was charged in the last fiscal year.
6) Discuss how time estimates for any fee services not covered during the meeting will be obtained.

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Government Consulting Partners City of Santa Ana PW Proposal 15 Step two: Execute - Begin Cost Analysis:
1) Input data received from the data gathering meetings into GCP software.
2) GCP reviews for completeness and issues a request for any missing data.
3) Review overhead rate calculations and fully burdened hourly rate calculations with City representatives.

COST ANALYSIS METHODOLOGY

GCP employs three methods of analyzing costs for user fee study engagements: per-unit analysis, case-study analysis, and programmatic analysis. The particular method we use depends on available data, City’s goals and objectives and other considerations. Each method is designed to calculate estimated reasonable costs in compliance with the California State constitution. Each method incorporates the five elements of eligible cost as described below.

Per-unit analysis method – this is our primary method of user fee cost analysis. We interview the city’s subject matter experts to determine the average reasonable time required to complete each fee-related service. Time estimates are then applied against fully burdened hourly rates to produce full cost results. Fully burdened hourly rates incorporate all of the cost elements described above.

Cost Element Description
Direct Labor Costs
Salary and benefit costs of staff directly involved with service provision. Direct contractor costs.

Direct Materials Costs
Material costs that benefit a particular fee service.

Example: public noticing costs for planning entitlements.

Department/Divison Indirect Costs
Administrative staff (managers, clerical, analysts) within a department/division and line-item expenditures not
specific to one fee service.

Citywide Overhead
Central support department budgets (HR, Attorney,
Finance, etc.) are allocated to direct service departments based on auditable metrics.

Cross Support Costs
Instances where two or more departments contribute
direct labor for a particular fee service. Best practice is to consolidate these efforts rather than create two separate fees. Example: Attorney review of a specific plan
application.

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Government Consulting Partners City of Santa Ana PW Proposal 16 We can use actual time records in place of time estimates if a city employs a time-tracking system.

We first review the data to determine if it is reliable enough for fee calculation purposes. We have found that time-tracked data often includes anomalous results caused by human error. If we can extract these anomalous results, this provides an excellent base for cost calculations. If the data is deemed insufficient in accordance with State guidelines, it still may be useful to spot check staff time estimates on a case-by-case basis, providing a higher comfort level for the city’s decision makers.

Case-study analysis method – some user fees aren’t easily analyzed via the per-unit analysis method described above. For example, Santa Ana currently charges a fee of $1.75 per square foot for Sidewalk Inspections. However, your staff likely don’t know how much time it takes to inspect only one square foot of newly constructed or repaired sidewalk. To overcome this, we work with your staff to identify: a) the typical project type/square footage for your city and 2) the reasonable time required to inspect a sidewalk project of this scope and size. Together, we can assess whether the current fee of $1.75 is too high or too low and the proper adjustment required to achieve full cost recovery. The results can then be extrapolated if decision-makers determine that a tiered structure is preferable due to economies of scale.

Programmatic analysis method – some fee services do not lend themselves to either a per-unit or case-study method of analysis. An example includes a daily swim fee within a recreation department. Staff cannot tell us how much time they spend on one swimmer. Another example includes a general plan maintenance fee. Staff cannot quantify how their General Plan and related elements benefits specific proposed developments. For the latter fee, we calculate annual longrange program costs by amortizing staff and consultant fees associated with each element. Next we divide these total program costs by the annual fee revenue the surcharge will be applied against to calculate the appropriate surcharge amount.

Share cost analysis with department contacts – Provide project status reports. 1) Incorporate new data received and email second draft results with backup calculations to each division/fee-area lead. Significant gaps between service costs and the fee currently charged are highlighted.
2) Review the second draft results with each division/fee-area lead. Incorporate in realtime any time adjustments received during the meeting. 3) Establish a firm window for any additional time revisions.

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Government Consulting Partners City of Santa Ana PW Proposal 17 Step Three: Deliver Draft Cost Analysis Results:
1) GCP prepares a draft report that identifies the full cost of each service analyzed, the fee currently charged, the resulting subsidy and proposed fee adjustments. The report also addresses significant findings, concerns and opportunities that come to our attention throughout the course of the study. 2) A market survey comparing fees charged by neighboring jurisdictions is included.
3) The draft report is circulated to management and department staff for comments.
4) A review timeframe is negotiated with the City’s project lead. This timeframe or window must be sufficient for proper staff review while staying within the overall project timeline.
5) Comments and corrections are incorporated along with any findings discovered through the course of study.
6) The draft final report is issued.

Presentations and fee implementation

1) GCP works with City management to customize a fee implementation strategy that works best for the city. Typically, this involves an outreach meeting to interested members of the community and a presentation to a finance committee. These meetings ensure that the community has a voice in the fee schedule structures and policies.

Step Four: Finalize Results:

1) Working with City staff, GCP incorporates all appropriate feedback and finalizes the project results and recommendations.
2) Deliver Excel-based fee model to City staff. Train staff in how to update the model for future changes such as adding or deleting staff, updating expenditures, and adding or deleting fee categories. Our model also incorporates a simple feature for updating results based on a CPI adjustment factor. 2) Prepare for and schedule City Council and other presentations.

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Government Consulting Partners City of Santa Ana PW Proposal 18 Provide the information Council needs proactively – having conducted hundreds of successful user fee studies, GCP consultants know the information Councils typically need to feel comfortable with proposed fee adjustments. Examples include:
• Relevant comparison data
GCP provides data on real-life projects reflecting
the City’s overall construction mix, rather than
randomly selected fees from each department’s
schedule.

• A cohesive subsidization strategy

Increasingly, councils expect to see an overall strategy with respect to fees receiving General Fund subsidy.

We work with department staff to organize these fees
into categories reflective of Council priorities.

• Stakeholder feedback

GCP develops presentations explaining study goals, methodology and any proposed changes that might affect the development community. The development community appreciates these opportunities to provide feedback prior to study finalization. GCP staff have conducted outreach presentations to local BIA chapters, chambers of commerce and tax advocate watchdog groups. In every case, developers are supportive if they feel they’re being treated fairly. We prepare City staff for questions such as “What do we get from this study? Is the City adding more staff? Will we see faster turn-around times?” Deliverables, implementation plans and schedules are shown below.

Water Heater Permits Life Safety
Appeals Customer Access
Solar Energy Permits Sustainability
NSF Check fees State set limits
Youth Sports Access and Community
Benefit
Rationale for Subsidized Fee Recommendations
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Government Consulting Partners City of Santa Ana PW Proposal 19 City Council 30 – 53 6/4/2024 Government Consulting Partners City of Santa Ana PW Proposal 20

COST PROPOSAL
Our goal is to be the best qualified and lowest cost proposal. The proposal is as follows:

Fixed Bid: $109,000
Proposed Hours: 558
Proposed Hourly Rate: $195.00
Our hourly rate reflects our “no overhead” firm. Every member of our firm works directly on projects. Team member hourly rates are not burdened with unproductive overhead. We strongly believe this is a key point to our success.

The fixed fee includes all travel and related expenses.

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CONSULTANT AGREEMENT BEWTEEN GOVERNMENT CONSULTING
PARTNERS, INC. AND THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 4
th day of June, 2024, by and between
Government Consulting Partners, Inc., a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On April 3, 2024, the City issued Request for Proposal (“RFP”) No. 24-051 seeking to retain a consultant having special skill and knowledge in the field of developing cost recovery methodologies and work plans to accurately calculate full costs of service in an effort to capture lost revenue on behalf of the Public Works Agency.

B. Consultant submitted a responsive proposal that was 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 RFP No. 24-051.

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 in the Scope of Work - Exhibit A, attached hereto and incorporated by reference, and as further described in Consultant’s Proposal - Exhibit B, attached hereto and incorporated by reference.

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $360,000.00, including all extension periods, and is allocated as follows: 1) a base rate of $327,000.00; and 2) a contingency in the amount of $33,000.00 for additional and as-needed services, to be exercised at City’s sole discretion.
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. City and Consultant agree that all payments due and owing under this Agreement shall be made EXHIBIT 3
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through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.

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 July 1, 2024 and terminate on June 30, 2025, with the option for the City to grant up to two (2), one (1) year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

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

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

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.

6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the City Council 30 – 63 6/4/2024

entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.

Minimum Scope and Limit of Insurance.
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
• Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. • Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
• If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions:
• City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. • Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
• For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. • A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. • Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City Council 30 – 64 6/4/2024

City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
• Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), 20 Civic Center Plaza M-XX (Responsible Staff’s Department Mail Box), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.

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.

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

Verification of Coverage. Consultant shall furnish 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 before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them.

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

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

7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the 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 City Council 30 – 65 6/4/2024

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.

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

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

10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such 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.

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