Cities Index.
Agenda packet

Santa Ana City Council
August 6, 2024

Document
Agenda packet
Meeting
August 6, 2024
Body
Santa Ana City Council
Pages
48
Original file
307.1 MB
Text extracted from the city's file for reading and search. Open the original on santa-ana.primegov.com. That file is the official record.

*Recorded by Andrea Dumovich Heywood *Date May 8, 2024 Continuation  Update DPR 523L
*P3a. Description (continued):

Fenestration on the side (west) façade consists of several double-hung wood windows of various size, along with a small casement window (Figure 5). The side (east) façade consists of double-hung windows with a multi-light pattern on the upper light as well as those without any divided lights, and one multi-light glazed door. The rear (south) façade includes doublehung wood windows in a group of three and one single window are located at the rear façade, along with a single casement window. Window framing throughout the building is made of wide framing with an emphasized sill and header. The main entrance door also consists of the same framing to match.

The rear (south) façade is made of the primary gable roof and a smaller gable roof at the southeast corner of the building.

The smaller gable roof houses the 2019 laundry room addition to kitchen (Figure 6). The addition’s siding material is slightly differentiated from the original siding to indicate it is a later addition.

The detached garage is situated to the southeast of the main residence. The front-gabled garage has an off-centered vehicular double-door that slides open (Figure 7). Siding is designed to match the main residence along with extended eaves and exposed rafter tails. No windows are present except for a rear opening that has since been infilled.

Additional architectural features include front entrance concrete pathway and concrete porch deck and a Hollywood driveway which has been modified from grass to gravel at its center. Metal window awnings have been added to a few west-façade windows as a later addition. The property is landscaped with a front lawn, small shrubs, and a few medium-sized trees. *B10. Significance (continued):

C.R. McCaslin occupied the property for one year in 1932. During the years 1933 and 1934, F.H. Albrecht is listed as the occupant, and then L.G. Holman is the known occupant from 1935 to 1937. From 1938 to 1939, C.H. Dale is the occupant.

The property is listed as vacant in 1940. In 1941, both R.L. Fleming and H.R. McGuire are noted as building occupants. From 1944 to 1950 Mrs. Jessie Wild occupied the property. City directories were not available from 1957 to 1959, in 1962, and between 1966 and 1978. From 1979 to 1995, R.S. Fink occupied the property, and from 1999 to 2008, Stephen Loft owned the property. No additional information was uncovered regarding the previously noted owners and occupants. The current owners Jill Brumett and Mona Konstan purchased the property in 2019.

The Dixon-Heemstra House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). “Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land.

And that month, he began building custom homes in Santa Ana” (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. “When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each” (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival.

The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue.

In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell’s own large, Colonial Revival mansion at 2009 Victoria Drive. In 1937, Roy Rodney Russell, joined his father’s firm and by 1945 it was renamed as Roy Russell and Son. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2023) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.

The Dixon-Heemstra House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Craftsman style home in Santa Ana. Located in Floral Park, the house cost $4,000 to build in 1923. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Craftsman style (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Dixon-Heemstra House include, but may not be limited to: L-shaped plan; asymmetrical primary façade; low-pitch roof with overhanging eaves and exposed rafter tails; long side-gabled porch roof that intersects two front gables at the primary façade; narrow horizontal wood panel siding; the porch’s exposed beams at the gable’s end and three porch support columns; primary entrance composed of a City Council 16 – 57 8/6/2024
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 4 ends

*Recorded by Andrea Dumovich Heywood *Date May 8, 2024 Continuation  Update DPR 523L
single glazed door with divided lights; two large tripartite wood-frame windows, comprised of a central fixed window between two narrow double-hung windows with divided lights, which flank the main entrance; original windows and doors and window/door framing throughout; detached garage; front yard lawn with landscaping including mature trees and shrubs; and the Hollywood driveway (if restored from gravel to grass in center). *B12. References (continued):

Ancestry.com. California, Death Index, 1923-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000.

Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.

Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994.

McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.

National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register
Newspapers.com (Santa Ana Register, The Register)
Branch, National Park Service, US Dept. of the Interior, 1991.

Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.

Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.

Santa Ana and Orange County Directories, 1923-2008.

City Council 16 – 58 8/6/2024
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 5 ends

*Recorded by Andrea Dumovich Heywood *Date May 8, 2024 Continuation  Update DPR 523L
Additional Figures:

Figure 2. At the primary (north) façade, the covered
porch wraps around the building’s northeast corner and
is supported by three porch columns
Figure 3. The primary entrance is situated within the
covered porch at the primary (north) façade and is
composed of a single glazed door with divided lights.

Figure 4. A large tripartite wood-frame windows,
comprised of a central fixed window between two narrow
double-hung windows with divided lights, adjacent to the main entrance.

Figure 5. Fenestration on the side (west) façade consists of several double-hung wood windows of various size,
along with a small casement window.

Figure 6. The rear (south) façade is made of the primary gable roof and a smaller gable roof that houses the 2019 laundry room addition to kitchen.

Figure 7. The front-gabled garage has an off-centered
vehicular double-door that slides open.

City Council 16 – 59 8/6/2024

MILLS ACT AGREEMENT
516 W 19th Street
Santa Ana, CA 92706
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.

Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:

1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.

These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.

7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.

9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 16 – 60 8/6/2024

MILLS ACT AGREEMENT
516 W 19th Street
Santa Ana, CA 92706
- 2 -
size, scale, color, material and character of the property, neighborhood, or environment.

10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired.

City Council 16 – 61 8/6/2024
Exhibit D: Proposed Structure Improvements (“Work Plan”) 516 W 19th Street
Item Year Improvement
1 2025 Restoration of Hollywood driveway (remove gravel and replace with grass; repair concrete)
2 2027 Repair window pulls throughout
3 Ongoing Continued maintenance of landscaping
([KLELW'
City Council 16 – 62 8/6/2024
Planning and Building Agency
Item # 1
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
May 8, 2024
Topic: HRCA No. 2024-02, HRC No. 2024-02, HPPA No. 2024-04 – Dixon-Heemstra House (516 West 19th Street)

RECOMMENDED ACTION

1. Adopt a resolution approving Historic Resources Commission Application No. 2024-02 and Historic Register Categorization No. 2024-02 (Exhibit 1).

2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Jill Brumett and Mona Konstan, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 2).

EXECUTIVE SUMMARY
Jill Brumett and Mona Konstan are requesting approval to designate an existing Craftsman style residence located at 516 West 19th Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. The property qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Craftsman Style home in Santa Ana. It is worthy of “Key” categorization it has a distinctive architectural style and quality reflective of the Craftsman style, including its low-pitch gabled roof, exposed rafter tails, and front porch, among other features.

DISCUSSION
Project Location and Site Description
The subject property is located on the south side of West 19th Street between Greenleaf and Ross streets, in the Floral Park neighborhood in Santa Ana. The site contains a 1,160-square-foot, Craftsman style residence and detached garage, on a 7,320-squarefoot residential lot (Exhibit 3).

Analysis of the Issues
Historical Listing
Historic Resources Commission 1-1 5/8/2024
Exhibit 4
City Council 16 – 63 8/6/2024
HRCA No. 2024-02, HRC No. 2024-02, HPPA No. 2024-04 – Dixon-Heemstra House (516 West 19th Street)
May 8, 2024

Page 2 ends

In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old.

The structure identified meets the selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 101 years old and is a sound example of period architecture. No known code violations exist on record for this property.

The Dixon-Heemstra House is architecturally significant as an intact example of a Craftsman style house in Santa Ana. The original building permit is dated June 1923, which indicates it was built as a single family residence and garage for owner and homebuilder W.H. Dixon for $4,000. Dixon, affiliated with W.H. Dixon and Son, was a local contractor and builder in Santa Ana and greater Orange County (Santa Ana Register, March 30, 1930). The original architect is unknown. In 1923, newspapers advertised the sale of the subject property as “Dixon’s Durable Dwelling” built in the “exclusive highly restricted Strong tract” (Santa Ana Register, October 25, 1923). City directories note that the property was vacant in 1924; however, from 1925 to 1929 Benjamin Heemstra is listed as the building's occupant. From 1930 to 1931, P.H. Budd is the known occupant, who contributed to Orange County’s first engineer report by Engineer Thomas Means in 1931. Budd later became an engineer for the Orange County flood-control district in 1934 and was ultimately appointed as the Orange County floodcontrol engineer in 1952 (Santa Ana Register, December 28, 1952). C.R. McCaslin occupied the property for one year in 1932. During the years 1933 and 1934, F.H. Albrecht is listed as the occupant, and then L.G. Holman is the known occupant from 1935 to 1937.

From 1938 to 1939, C.H. Dale is the occupant. The property is listed as vacant in 1940.

In 1941, both R.L. Fleming and H.R. McGuire are noted as building occupants. From 1944 to 1950 Mrs. Jessie Wild occupied the property. City directories were not available from 1957 to 1959, in 1962, and between 1966 and 1978. From 1979 to 1995, R.S. Fink occupied the property, and from 1999 to 2008, Stephen Loft owned the property. No additional information was uncovered regarding the previously noted owners and occupants. The current owners Jill Brumett and Mona Konstan purchased the property in 2019.

The Dixon-Heemstra House is a one story, single-family, Craftsman Style residence and detached garage located on a small parcel in the Floral Park neighborhood. The main Historic Resources Commission 1-2 5/8/2024
City Council 16 – 64 8/6/2024
HRCA No. 2024-02, HRC No. 2024-02, HPPA No. 2024-04 – Dixon-Heemstra House (516 West 19th Street)
May 8, 2024

Page 3 ends

residence’s asymmetrical primary façade faces West 19th Street to the north. The residence exhibits an L-shaped plan with a long side-gable porch roof that intersects two front gables at the primary (north) façade. The building’s low-pitch roof is clad in asphalt shingles with overhanging eaves and exposed rafter tails. The exterior of the house is clad in narrow horizontal wood panel siding. At the primary (north) façade, the covered porch wraps around the building’s northeast corner and is supported by three porch columns. Exposed beams are located at the gable end of the porch’s east side.

The primary entrance is situated within the covered porch at the primary (north) façade and is composed of a single glazed door with divided lights. Two large tripartite woodframe windows, comprised of a central fixed window between two narrow double-hung windows with divided lights, flank the main entrance.

Fenestration on the side (west) façade consists of several double-hung wood windows of various size, along with a small casement window. The side (east) façade consists of double-hung windows with a multi-light pattern on the upper light as well as those without any divided lights, and one multi-light glazed door. The rear (south) façade includes double-hung wood windows in a group of three and one single window are located at the rear façade, along with a single casement window. Window framing throughout the building is made of wide framing with an emphasized sill and header. The main entrance door also consists of the same framing to match.

The rear (south) façade is made of the primary gable roof and a smaller gable roof at the southeast corner of the building. The smaller gable roof houses the 2019 laundry room addition to kitchen. The addition’s siding material is slightly differentiated from the original siding to indicate it is a later addition.

The detached garage is situated to the southeast of the main residence. The front-gabled garage has an off-centered vehicular double-door that slides open. Siding is designed to match the main residence along with extended eaves and exposed rafter tails. No windows are present except for a rear opening that has since been infilled.

Additional architectural features include front entrance concrete pathway and concrete porch deck and a Hollywood driveway, which has been modified from grass to gravel at its center. Metal window awnings have been added to a few west-façade windows as a later addition. The property is landscaped with a front lawn, small shrubs, and a few medium-sized trees.

Character-defining features of the Dixon-Heemstra House include, but may not be limited to: L-shaped plan; asymmetrical primary façade; low-pitch roof with overhanging eaves and exposed rafter tails; long side-gabled porch roof that intersects two front gables at the primary façade; narrow horizontal wood panel siding; the porch’s exposed beams at the gable’s end and three porch support columns; primary entrance composed of a single glazed door with divided lights; two large tripartite wood-frame windows, comprised of a Historic Resources Commission 1-3 5/8/2024
City Council 16 – 65 8/6/2024
HRCA No. 2024-02, HRC No. 2024-02, HPPA No. 2024-04 – Dixon-Heemstra House (516 West 19th Street)
May 8, 2024

Page 4 ends

central fixed window between two narrow double-hung windows with divided lights, which flank the main entrance; original windows and doors and window/door framing throughout; detached garage; front yard lawn with landscaping including mature trees and shrubs; and the Hollywood driveway (if restored from gravel to grass in center). The Dixon-Heemstra House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Craftsman Style home in Santa Ana. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Craftsman style.

Mills Act Agreement
Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner’s voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property’s assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include:
• Long term preservation of the property and visual improvement to the neighborhood • A mechanism to provide for property rehabilitation
• Incentives for potential buyers to purchase historic structures • Discouraging inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement subject to a completion of future improvements as described in an attached Work Plan.

Overall, future improvements (Work Plan) proposed by the homeowner during the initial ten years of the Mills Act Agreement include the following: restoration of Hollywood driveway, repair window pulls throughout, and continued landscape maintenance. The Hollywood driveway restoration will be completed within the first five years of the contract.

Staff will ensure that all proposed work will be done sensitively and will maintain the property’s character-defining features as part of the Mills Act Agreement for this property.

As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation.

Historic Resources Commission 1-4 5/8/2024
City Council 16 – 66 8/6/2024
HRCA No. 2024-02, HRC No. 2024-02, HPPA No. 2024-04 – Dixon-Heemstra House (516 West 19th Street)
May 8, 2024

Page 5 ends

Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement to enable the Mills Act.

Public Notification
The subject site is located within the Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing.

In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-11 will be filed for this project.

FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $804.95 annually, for a period of not less than ten years.

EXHIBIT(S)

1. Resolution

2. Mills Act Agreement

3. 500-Foot Radius Map
Submitted By: Andrea Heywood, Associate Planner
Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency
Historic Resources Commission 1-5 5/8/2024
City Council 16 – 67 8/6/2024

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX

Page 1 of 6 ends

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE HISTORIC RESOURCES

COMMISSION OF THE CITY OF SANTA ANA APPROVING
HISTORIC RESOURCES COMMISSION APPLICATION NO.
2024-02 TO PLACE THE PROPERTY LOCATED AT 516
WEST 19TH STREET, SANTA ANA, ON THE HISTORICAL

REGISTER AND APPROVING HISTORIC REGISTER
CATEGORIZATION NO. 2024-02 PLACING SAID

PROPERTY WITHIN THE KEY CATEGORY

BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS:

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

A. On May 8, 2024, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2024-02) and categorization (Historic Resources Commission Categorization No. 2024- 02) of the Dixon-Heemstra House located at 516 West 19th Street, Santa Ana.

B. The Dixon-Heemstra House has distinctive architectural features of the Craftsman style and was built in 1923.

C. The Dixon-Heemstra House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Craftsman style home in Santa Ana. The house displays characteristics of the Craftsman style through its use of low-pitch gabled roof, exposed rafter tails, and front porch; among other original features. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Craftsman style (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Dixon-Heemstra House include, but may not be limited to: L-shaped plan; asymmetrical primary façade; low-pitch roof with overhanging eaves and exposed rafter tails; long sidegabled porch roof that intersects two front gables at the primary façade; narrow horizontal wood panel siding; the porch’s exposed beams at the gable’s end and three porch support columns; primary entrance composed of a single glazed door with divided lights; two large tripartite wood-frame windows, comprised of a central fixed window between two narrow doublehung windows with divided lights, which flank the main entrance; original windows and doors and window/door framing throughout; detached garage; front yard lawn with landscaping including mature trees and shrubs; and the Hollywood driveway (if restored from gravel to grass in center).

Historic Resources Commission 1-6 5/8/2024
City Council 16 – 68 8/6/2024

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX

Page 2 of 6 ends

D. The legal owners of the property are Jill Brumett and Mona R. Konstan, married as community property with right of survivorship.

E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein.

F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code.

G. The subject property meets the minimum standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code.

H. In addition to meeting the standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code, the applicant has agreed, as part of the requested Mills Act agreement work plan, to restoration of select elements described therein within the first five years of the Agreement’s term, including restoration of the Hollywood driveway.

Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources.

Categorical Exemption/Environmental Review No. 2024-11 will be filed for this project.

Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves:

A. Historic Resources Commission Application No. 2024-02 to place the Dixon-Heemstra House located at 516 West 19th Street, Santa Ana, 92706 on the historical register, and
B. Historic Register Categorization No. 2024-02 placing the Dixon-Heemstra House located at 516 West 19th Street, Santa Ana, 92706 within the Key category, as conditioned in Exhibit B, attached hereto and incorporated herein.

These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference.

Section 4. For the subject property, a report entitled “Historical Property Description” is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties.

Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder’s Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029.

Historic Resources Commission 1-7 5/8/2024
City Council 16 – 69 8/6/2024

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX

Page 3 of 6 ends

ADOPTED this 8
th day of May, 2024.
__________________________
Tim Rush
Chairperson
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:________________________
Brandon Salvatierra
Deputy City Attorney
AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________ Historic Resources Commission 1-8 5/8/2024
City Council 16 – 70 8/6/2024

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX

Page 4 of 6 ends

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NUVIA OCAMPO, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2024-XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on May 8, 2024.

Date: ________________ ____________________________________ Nuvia Ocampo
Commission Secretary
City of Santa Ana
Historic Resources Commission 1-9 5/8/2024
City Council 16 – 71 8/6/2024

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX

Page 5 of 6 ends

EXHIBIT A

LEGAL DESCRIPTION
APN Address Legal Description Owner Names
002-104-11 516 West 19th Street THE LAND HEREINAFTER

REFERRED TO IS SIUTATED

IN THE CITY OF SANTA ANA,

COUNTY OF ORANGE, STATE

OF CA, AND IS DESCRIBED
AS FOLLOWS:

LOT 4 IN BLOCK "B" OF
TRACT NO. 256, IN THE CITY

OF SANTA ANA, COUNTY OF

ORANGE, STATE OF

CALIFORNIA, AS PER MAP

THEREOF RECORDED IN
BOOK 14, PAGE 23 OF

MISCELLANEOUS MAPS,

RECORDS OF SAID ORANGE
COUNTY
Jill Brumett and
Mona R Konstan
Historic Resources Commission 1-10 5/8/2024
City Council 16 – 72 8/6/2024

FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2024-XX

Page 6 of 6 ends

EXHIBIT B
Conditions of Approval for Historic Resources Commission Application No. 2024-02 and Historic Resources Commission Categorization No. 2024-02 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission’s approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below:

1. Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 516 West 19th Street, historically known as the Dixon-Heemstra House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff.

Historic Resources Commission 1-11 5/8/2024
City Council 16 – 73 8/6/2024

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383
_________________________________________________________________________

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Jill Brumett and Mona R Konstan, married as community property with right of survivorship (hereinafter collectively referred to as “Owner”), owner of real property located at 516 West 19th Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties.

RECITALS
A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.

B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 516 West 19th Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.”
C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.

D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner.

Historic Resources Commission 1-12 5/8/2024
City Council 16 – 74 8/6/2024

MILLS ACT AGREEMENT
516 West 19th Street
Santa Ana, CA 92706
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E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.

NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows:

1. Effective Date and Terms of Agreement.

This Agreement shall be effective and commence on July 17, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below.

2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.

Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein.
c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.

3. Standards and Conditions for Historic Property.

During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its characterdefining features described in the “Executive Summary” and “Historical Property Description” attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, Historic Resources Commission 1-13 5/8/2024
City Council 16 – 75 8/6/2024

MILLS ACT AGREEMENT
516 West 19th Street
Santa Ana, CA 92706
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textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition.
c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement.
f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements.” Restoration of Hollywood driveway shall be finalized within the first five years of the Mills Act Agreement, with all other work items completed within the first ten years of the Mills Act Agreement. Proof of status and completion, as requested from time to time by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list.

Historic Resources Commission 1-14 5/8/2024
City Council 16 – 76 8/6/2024

MILLS ACT AGREEMENT
516 West 19th Street
Santa Ana, CA 92706
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4. Furnishing of Information.

The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement.

5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288.

6. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate.

Historic Resources Commission 1-15 5/8/2024
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MILLS ACT AGREEMENT
516 West 19th Street
Santa Ana, CA 92706
- 5 -
b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 516 West 19th Street, Assessor Parcel Number, 002-104-11, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument.
c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register.

8. No Compensation.

Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property.

9. Notice.

Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto.

City: City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk
Historic Resources Commission 1-16 5/8/2024
City Council 16 – 78 8/6/2024

MILLS ACT AGREEMENT
516 West 19th Street
Santa Ana, CA 92706
- 6 -
Owners: Jill Brumett and Mona Konstan
944 West Buffalo Avenue
Santa Ana, CA 92706

10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.

Historic Resources Commission 1-17 5/8/2024
City Council 16 – 79 8/6/2024

MILLS ACT AGREEMENT
516 West 19th Street
Santa Ana, CA 92706
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11. Recordation.

No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange.

12. Amendments.

This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.

13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows}
Historic Resources Commission 1-18 5/8/2024
City Council 16 – 80 8/6/2024

MILLS ACT AGREEMENT
516 West 19th Street
Santa Ana, CA 92706
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ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUNEZ
City Clerk Acting City Manager
OWNERS
Date: ___________________ By:__________________

JILL BRUMETT
Date: ___________________ By:__________________

MONA KONSTAN
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA CARVALHO
City Attorney
By: _____________________ _____________________

BRANDON SALVATIERRA MINH THAI
Deputy City Attorney Executive Director
Planning and Building Agency
Historic Resources Commission 1-19 5/8/2024
City Council 16 – 81 8/6/2024

MILLS ACT AGREEMENT
516 West 19th Street
Santa Ana, CA 92706
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EXHIBIT A

LEGAL DESCRIPTION

THE LAND HEREINAFTER REFERRED TO IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CA, AND IS DESCRIBED AS FOLLOWS:

LOT 4 IN BLOCK "B" OF TRACT NO. 256, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 14, PAGE 23 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY Assessor’s Parcel Number: 002-104-11
Historic Resources Commission 1-20 5/8/2024
City Council 16 – 82 8/6/2024

EXECUTIVE SUMMARY
Dixon-Heemstra House
516 W 19th Street
Santa Ana, CA 92706
NAME Dixon-Heemstra House REF. NO.

ADDRESS 516 West 19th Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1923 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Craftsman
Closely related to the English Arts and Crafts Movement, American Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers.

Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s.

SUMMARY/CONCLUSION:

The Dixon-Heemstra House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a late Craftsman style residential building. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Craftsman style (Santa Ana Municipal Code, Section 30-2.2(2)).

EXPLANATION OF CODES:
 California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values.  It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values.
5S3: Appears to be individually eligible for local listing or designation through survey evaluation.

Historic Resources Commission 1-21 5/8/2024
City Council 16 – 83 8/6/2024
State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _5_ Resource name(s) or number (assigned by recorder) Dixon-Heemstra House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Orange Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 516 West 19th Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-104-11 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Dixon-Heemstra House is a one story, single-family, Craftsman Style residence and detached garage located on a small parcel in the Floral Park neighborhood (Figure 1). The main residence’s asymmetrical primary façade faces West 19th Street to the north. The residence exhibits an L-shaped plan with a long side-gable porch roof that intersects two front gables at the primary (north) façade. The building’s low-pitch roof is clad in asphalt shingles with overhanging eaves and exposed rafter tails. The exterior of the house is clad in narrow horizontal wood panel siding. At the primary (north) façade, the covered porch wraps around the building’s northeast corner and is supported by three porch columns (Figure 2). Exposed beams are located at the gable end of the porch’s east side. The primary entrance is situated within the covered porch at the primary (north) façade and is composed of a single glazed door with divided lights (Figure 3). Two large tripartite wood-frame windows, comprised of a central fixed window between two narrow double-hung windows with divided lights, flank the main entrance (Figure 4).
(See Continuation Sheet 3 of 5.)
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence and HP4. Ancillary building *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (north) and side
(east) elevations, view southwest, Feb
2023
*P6. Date Constructed/Age and
Sources: historic
1923/ Orange County Assessor’s
*P7. Owner and Address:

Jill Brumett and Mona Konstan
516 W 19th Street
Santa Ana, CA 92706
*P8. Recorded by:

Andrea Dumovich Heywood
City of Santa Ana
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:

May 8, 2024
*P10. Survey Type:

Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
Historic Resources Commission 1-22 5/8/2024
City Council 16 – 84 8/6/2024
State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________

BUILDING, STRUCTURE, AND OBJECT RECORD

Page 2 of 5 ends

*Resource Name or #: Dixon-Heemstra House
B1. Historic Name: Dixon-Heemstra House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Craftsman Style
*B6. Construction History: (Construction date, alterations, and date of alterations):

June, 1923. Permit to construct a single residence and garage. $4,000.

March 13, 1950. Termite work for Mrs. Leslie Smith by H.J. Carr. $130 December 7, 1951. Reroof res. for M.S. Ogg by Holmes. $250.

September 8, 1992. Reroof w/t.o. $4,300.

July 31, 2019. Laundry room addition to kitchen. $2,625.

July 31, 2019. Tear off existing, install 21 squares of comp roofing. $5,943. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached garage
B9a. Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1923 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Dixon-Heemstra House is architecturally significant as an intact example of a Craftsman style house in Santa Ana. The original building permit is dated June 1923, which indicates it was built as a single family residence and garage for owner and homebuilder W.H. Dixon for $4,000. Dixon, affiliated with W.H. Dixon and Son, was a local contractor and builder in Santa Ana and greater Orange County (Santa Ana Register, March 30, 1930). The original architect is unknown. In 1923, newspapers advertised the sale of the subject property as “Dixon’s Durable Dwelling” built in the “exclusive highly restricted Strong tract” (Santa Ana Register, October 25, 1923). City directories note that the property was vacant in 1924; however, from 1925 to 1929 Benjamin Heemstra is listed as the building's occupant. From 1930 to 1931, P.H. Budd is the known occupant, who contributed to Orange County’s first engineer report by Engineer Thomas Means in 1931. Budd later became an engineer for the Orange County flood-control district in 1934 and was ultimately appointed as the Orange County floodcontrol engineer in 1952 (Santa Ana Register, December 28, 1952). (See Continuation Sheet 3 of 5).

B11. Additional Resource Attributes: (List attributes and codes) *B12. References:

City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps
(See Continuation Sheet 4 of 5.)
B13. Remarks: None
*B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: May 8, 2024
DPR 523B (1/95)
Sketch Map
(This space reserved for official comments.)
Dixon-Heemstra House
516 West 19th Street
Historic Resources Commission 1-23 5/8/2024
City Council 16 – 85 8/6/2024
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

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*Recorded by Andrea Dumovich Heywood *Date May 8, 2024 Continuation  Update DPR 523L
*P3a. Description (continued):

Fenestration on the side (west) façade consists of several double-hung wood windows of various size, along with a small casement window (Figure 5). The side (east) façade consists of double-hung windows with a multi-light pattern on the upper light as well as those without any divided lights, and one multi-light glazed door. The rear (south) façade includes doublehung wood windows in a group of three and one single window are located at the rear façade, along with a single casement window. Window framing throughout the building is made of wide framing with an emphasized sill and header. The main entrance door also consists of the same framing to match.

The rear (south) façade is made of the primary gable roof and a smaller gable roof at the southeast corner of the building.

The smaller gable roof houses the 2019 laundry room addition to kitchen (Figure 6). The addition’s siding material is slightly differentiated from the original siding to indicate it is a later addition.

The detached garage is situated to the southeast of the main residence. The front-gabled garage has an off-centered vehicular double-door that slides open (Figure 7). Siding is designed to match the main residence along with extended eaves and exposed rafter tails. No windows are present except for a rear opening that has since been infilled.

Additional architectural features include front entrance concrete pathway and concrete porch deck and a Hollywood driveway which has been modified from grass to gravel at its center. Metal window awnings have been added to a few west-façade windows as a later addition. The property is landscaped with a front lawn, small shrubs, and a few medium-sized trees. *B10. Significance (continued):

C.R. McCaslin occupied the property for one year in 1932. During the years 1933 and 1934, F.H. Albrecht is listed as the occupant, and then L.G. Holman is the known occupant from 1935 to 1937. From 1938 to 1939, C.H. Dale is the occupant.

The property is listed as vacant in 1940. In 1941, both R.L. Fleming and H.R. McGuire are noted as building occupants. From 1944 to 1950 Mrs. Jessie Wild occupied the property. City directories were not available from 1957 to 1959, in 1962, and between 1966 and 1978. From 1979 to 1995, R.S. Fink occupied the property, and from 1999 to 2008, Stephen Loft owned the property. No additional information was uncovered regarding the previously noted owners and occupants. The current owners Jill Brumett and Mona Konstan purchased the property in 2019.

The Dixon-Heemstra House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). “Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land.

And that month, he began building custom homes in Santa Ana” (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. “When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each” (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival.

The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue.

In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell’s own large, Colonial Revival mansion at 2009 Victoria Drive. In 1937, Roy Rodney Russell, joined his father’s firm and by 1945 it was renamed as Roy Russell and Son. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2023) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.

The Dixon-Heemstra House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Craftsman style home in Santa Ana. Located in Floral Park, the house cost $4,000 to build in 1923. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Craftsman style (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Dixon-Heemstra House include, but may not be limited to: L-shaped plan; asymmetrical primary façade; low-pitch roof with overhanging eaves and exposed rafter tails; long side-gabled porch roof that intersects two front gables at the primary façade; narrow horizontal wood panel siding; the porch’s exposed beams at the gable’s end and three porch support columns; primary entrance composed of a Historic Resources Commission 1-24 5/8/2024 City Council 16 – 86 8/6/2024
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 4 ends

*Recorded by Andrea Dumovich Heywood *Date May 8, 2024 Continuation  Update DPR 523L
single glazed door with divided lights; two large tripartite wood-frame windows, comprised of a central fixed window between two narrow double-hung windows with divided lights, which flank the main entrance; original windows and doors and window/door framing throughout; detached garage; front yard lawn with landscaping including mature trees and shrubs; and the Hollywood driveway (if restored from gravel to grass in center). *B12. References (continued):

Ancestry.com. California, Death Index, 1923-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000.

Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.

Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994.

McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.

National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register
Newspapers.com (Santa Ana Register, The Register)
Branch, National Park Service, US Dept. of the Interior, 1991.

Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.

Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.

Santa Ana and Orange County Directories, 1923-2008.

Historic Resources Commission 1-25 5/8/2024
City Council 16 – 87 8/6/2024
State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________

Page 5 ends

*Recorded by Andrea Dumovich Heywood *Date May 8, 2024 Continuation  Update DPR 523L
Additional Figures:

Figure 2. At the primary (north) façade, the covered
porch wraps around the building’s northeast corner and
is supported by three porch columns
Figure 3. The primary entrance is situated within the
covered porch at the primary (north) façade and is
composed of a single glazed door with divided lights.

Figure 4. A large tripartite wood-frame windows,
comprised of a central fixed window between two narrow
double-hung windows with divided lights, adjacent to the main entrance.

Figure 5. Fenestration on the side (west) façade consists of several double-hung wood windows of various size,
along with a small casement window.

Figure 6. The rear (south) façade is made of the primary gable roof and a smaller gable roof that houses the 2019 laundry room addition to kitchen.

Figure 7. The front-gabled garage has an off-centered
vehicular double-door that slides open.

Historic Resources Commission 1-26 5/8/2024
City Council 16 – 88 8/6/2024

MILLS ACT AGREEMENT
516 W 19th Street
Santa Ana, CA 92706
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.

Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:

1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.

These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.

7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.

9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Historic Resources Commission 1-27 5/8/2024
City Council 16 – 89 8/6/2024

MILLS ACT AGREEMENT
516 W 19th Street
Santa Ana, CA 92706
- 2 -
size, scale, color, material and character of the property, neighborhood, or environment.

10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired.

Historic Resources Commission 1-28 5/8/2024
City Council 16 – 90 8/6/2024
Exhibit D: Proposed Structure Improvements (“Work Plan”) 516 W 19th Street
Historic Resources Commission 1-29 5/8/2024
Item Year Improvement
1 2025 Restoration of Hollywood driveway (remove gravel and replace with grass; repair concrete)
2 2025 Repair all exterior siding as needed
3 2027 Earthquake retrofit
4 2027 Repair window pulls throughout
5 Ongoing Continued maintenance of landscaping
City Council 16 – 91 8/6/2024

O R A N G E C O U N T Y R E P O R T E R
OR#
~SINCE 1921~
To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are):

Daily Journal Corporation
Serving your legal advertising needs throughout California.

Mailing Address : 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841
Visit us @ www.LegalAdstore.com

NUVIA OCAMPO

CITY OF SANTA ANA/PLANNING & BUILDING AGENCY
20 CIVIC CENTER PLAZA 2ND FLR
SANTA ANA, CA 92702

GPN GOVT PUBLIC NOTICE
516 W 19th St
04/26/2024
Publication
Total
$127.05
$127.05
ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027
BUSINESS JOURNAL, RIVERSIDE (951) 784-0111
DAILY COMMERCE, LOS ANGELES (213) 229-5300
LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300
SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866
THE DAILY RECORDER, SACRAMENTO (916) 444-2355
THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486
THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747
Notice Type:

Ad Description

COPY OF NOTICE
3807564
!A000006747582!
The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.

NOTICE OF PUBLIC HEARING

BEFORE THE SANTA ANA HISTORIC

RESOURCES COMMISSION
The City of Santa Ana encourages the
public to participate in the decisionmaking process. We encourage you to contact us prior to the Public Hearing if
you have any questions.

Historic Resources Commission
Action: The Historic Resources
Commission will hold a Public Hearing to
receive public testimony, and will take
action on the item described below. Their
decision is final unless appealed to the
City Council within 10 days of the decision
by any interested party or group.

Project Location: 516 West 19th Street
located within the Single Family
Residential (R1) zoning district.

Project Applicant: Mona Konstan and Jill
Brumett (Property Owners)
Project Description: Applicants are
requesting approval of Historic
Resources Commission Application
No. 2024-02, Historic Register
Categorization No. 2024-02, and
Historic Property Preservation
Agreement No. 2024-04 to allow the
placement and categorization in the
Santa Ana Register of Historical
Properties as “Key” for the above
mentioned property and to execute a
Historic Property Preservation
Agreement with the City of Santa Ana.

Environmental Impact: Pursuant to the
California Environmental Quality Act
(CEQA) and the CEQA Guidelines, the
project is exempt from further review
under Section 15331, Class 31, as this
action is designed to preserve a historic
resource. Categorical Exemption No. ER2024-11 will be filed for this project.

Meeting Details: This matter will be heard on Wednesday, May 8, 2024, at 4:30 p.m. in the City Council Chambers,
22 Civic Center Plaza, Santa Ana, CA
92701. Members of the public may
attend this meeting in-person or join
via Zoom. For the most up to date
information on how to participate virtually
in this meeting, please visit www.santaana.org/pb/meeting-participation.

Written Comments: If you are unable to
participate in the meeting, you may send
written comments by e-mail to
[email protected]
(reference the topic in the subject line) or
mail to Nuvia Ocampo, Recording
Secretary, City of Santa Ana, 20 Civic
Center Plaza – M20, Santa Ana, CA
92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the
record.

Where To Get More Information:

Additional details regarding the proposed
action(s), including the full text of the
discretionary item, may be found on the
City website 72 hours prior to the public
hearing at: https://santaana.primegov.com/public/portal.

Who To Contact For Questions: Should you have any questions, please contact Andrea Dumovich Heywood with the
Planning and Building Agency at
[email protected] or 714-647-
5899.

Note: If you challenge the decision on the
above matter, you may be limited to
raising only those issues you or someone
else raised at the public hearing
described in this notice, or in written
correspondence delivered to the Historic
Resources Commission or City Council of
the City of Santa Ana at, or prior to, the
public hearing.

Si tiene preguntas en español, favor de
llamar a Nuvia Ocampo al (714) 667-
2732.

Nu cn liên lc bng ting Vit, xin
in thoi cho Tony Lai s (714) 565-
2627.
4/26/24
OR-3807564#
Historic Resources Commission 1-30 5/8/2024
City Council 16 – 92 8/6/2024

CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba

NOTICE OF PUBLIC HEARING

BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION
Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group.

Project Location: 516 West 19th Street located within the Single Family Residential (R1) zoning district.

Project Applicant: Mona Konstan and Jill Brumett (Property Owners) Project Description: Applicants are requesting approval of Historic Resources Commission Application No. 2024-02, Historic Register Categorization No. 2024-02, and Historic Property Preservation Agreement No. 2024-04 to allow the placement and categorization in the Santa Ana Register of Historical Properties as “Key” for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana.

Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2024-11 will be filed for this project.

Meeting Details: This matter will be heard on Wednesday, May 8, 2024, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation.

Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701.

Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record.

Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal.

Who To Contact For Questions: Should you have any questions, please contact Andrea Dumovich Heywood with the Planning and Building Agency at [email protected] or 714-647-5899.

Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing.

Historic Resources Commission 1-31 5/8/2024
City Council 16 – 93 8/6/2024
Si tiene preguntas en español, favor de llamar a Nuvia Ocampo al (714) 667-2732.

Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.

Historic Resources Commission 1-32 5/8/2024
City Council 16 – 94 8/6/2024
Police Department
www.santa-ana.org/pd
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 6, 2024
TOPIC: Rotational Towing and Storage Services

AGENDA TITLE
Second Amendments to Agreements for Rotational Towing and Storage Services

RECOMMENDED ACTION
Authorize the City Manager to execute second amendments to the agreements with the following contractors to allow two one-year extensions to the term and exercise the first extension option from September 1, 2024 through August 31, 2025, and to increase the compensation fee schedule for rotational towing and storage services:

1. Standard Enterprises, Inc. dba To’ and Mo’ (Agreement No. A-2024-XXX);

2. Greater Southern California Towing, Inc. (Agreement No. A-2024-XXX);

3. B&D Towing, Inc. (Agreement No. A-2024-XXX); and

4. MetroPro Road Services, Inc. (Agreement No. A-2024-XXX) GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Santa Ana Police Department routinely encounters the need to have vehicles towed or stored for a variety of reasons and utilizes private sector partners skilled in the area of towing operations to accomplish this objective. Towing services may include, but are not limited to, towing vehicles from public or private property at the direction of Police Department employees, owner’s request for a tow made via the Police Department, the storage of vehicles, the secure storage of vehicles containing evidentiary value, debris clean-up and removal, recovery services, and administrative oversight of vehicles in the custody of the contractor.

On April 29, 2021, the City issued Request for Proposals (RFP No. 21-060) for Police Rotational Towing and Storage Services. On August 17, 2021, the City Council approved a three-year agreement with four successful proposers (Standard Enterprises, Inc. dba To’ and Mo’, Greater Southern California Towing, Inc., B&D Towing, Inc., and MetroPro Road Services, Inc.) to provide these services on a rotational basis.

City Council 17 – 1 8/6/2024
Second Amendments to Agreements for Rotational Towing and Storage Services August 6, 2024

Page 2 ends

RFP No. 21-060 specified the anticipated term of the agreement as an initial three-year period with two additional one-year extension options for a total term not to exceed five years. However, the extension option language was inadvertently excluded in the final agreements approved by the City Council. The Police Department would like to incorporate the extension option by amending the agreements and exercise the first one-year option to extend the agreement through August 31, 2025.

The City Storage Vehicle Release fee is approved by the City Council in the Miscellaneous Fee Schedule and is currently $95 for FY 2024-25. Fees for towing services are collected and retained by the tow operators. Those fees are based on fees for towing services surveyed in the County and are compliant with industry standards.

The towing contractors are also seeking to adjust the Compensation and Adjustments to the Towing and Storage Fee Schedule per Section 2.e of the original agreements. The 2% increase is justified based on the Consumer Price Index (CPI) and the Producer Price Index (PPI) for Petroleum statistics for the greater metropolitan region. The rate increases range from $1 to $9 by service type.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Storage Vehicle Release fees will be deposited in the General Fund Vehicle Release Charge revenue account (no. account 01114002-53400). Fees for towing services are paid to the tow companies directly for their services.

EXHIBIT(S)

1. Second Amendment to Agreement with Standard Enterprises, Inc., dba To’ and Mo’

2. Second Amendment to Agreement with Greater Southern California Towing, Inc.

3. Second Amendment to Agreement with B&D Towing, Inc.

4. Second Amendment to Agreement with MetroPro Road Services, Inc.

Submitted By: Robert Rodriguez, Acting Police Chief
Approved By: Alvaro Nuñez, Acting City Manager
City Council 17 – 2 8/6/2024
EXHIBIT 1
City Council 17 – 3 8/6/2024
City Council 17 – 4 8/6/2024
City Council 17 – 5 8/6/2024
City Council 17 – 6 8/6/2024
City Council 17 – 7 8/6/2024
City Council 17 – 8 8/6/2024
EXHIBIT 2
City Council 17 – 9 8/6/2024
City Council 17 – 10 8/6/2024
City Council 17 – 11 8/6/2024
City Council 17 – 12 8/6/2024
City Council 17 – 13 8/6/2024
City Council 17 – 14 8/6/2024
EXHIBIT 3
City Council 17 – 15 8/6/2024
City Council 17 – 16 8/6/2024
EXHIBIT B-3
AUTHORIZED TOWING AND STORAGE FEE SCHEDULE"
Senrice Fee Adjust0d Fee (2% '
rounded)
Stored Vehicle Release Fee (PD) $95 00 a
N/A
Class A $230 00 $235 00
Class B or Flatbed $28-1 00 $287 00
Class C
$413 00 $/121 00
Class D
?159.00 $468.00
Dolly, Go-Jacks or Linkage Fee $61 00 $62.OC)
Rollover or Winching Fee $133.00 $138.00
Clean-up Fee (fee to City capped
at $35.00 per occurrence)
$61 .00 $62.00
Hazmat Fee (per five (5) gallon
bucket)
$ 117 00 $"l 19.00
Vehicle Storage Fees (Daily) ' I
Class A - Outside $71 .00 $72.00
Class A - Inside %n.OO $79.00
Class B - Outside $8:) 00 $8!! 00
Class B-Inside $87 (T) $89.00
Class C or Class D - Outside $86.00 $88.00
Class C or Class D - Inside $93.00 $95 00
After Hours Release
50oy6 of the
autl"iorized
towinq cl'iarge
50o* Of the
acithOrized
towing charge
Minimum Service Call or Drop Fee
50% or tl"ie
ciut.horized
towing cl'iarge
50% or it-ie
ai_itl'iorized
toui'irig c}iarge
Lien Sale
As acithorized by
the California Civil
and Vehicle Codes
As aulhoriz- ed fry
tlie California Civil
and Velqicle
Codes
Mileage (per mile outside the
corporate city lirnits)
$9.00 $9 00
Fees indicated herein will become the City's maximum authorized rates effective at the time of contract implementation; i-ninimum 1 hour
Santi'i.Ana p(iliee [)cli;irtinem
Ircvision 5 31 24j City Council 17 – 17 8/6/2024
*IJ,S,8URRAU OFLBOR STATISTICS
EXHIBIT B-4
Databases, Tables & Calculators by Subject
Change Output Options:

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€ includegraphs € includeannuala MoraFtimiatting0ptions4 ' @5 4/25/2024
Data etktacted on: May 31, 202-1(2:20:58 PMI
Consumer Price Index for All Urban Consumers (CPI-U)
Series Idi CUURS49ASAO,CUllSS49ASAO
Not Seasanally Adjusted
SerlesTltle: AllikernslnLosAngeles-LongBeach-Anaheim.CA,allurbanconsumeis,nokseasonallyadlusted Area: Los Angeles-Long Beach-Anahelm, CA
Itemi All Items
Base Periodi 1982-84=100
Downloadi @xlsx
Year Jan Feb Mar Apr May Jun Jul Aug Sep act Nov Dec Annual HALFI HALF2 317.873 320.089 320.514 322.055 321.931 324.050 324.984 324.545 323.341 323.456 321.583 319.449 323.718 33(16-i-i-i'ii2.572i
2023
2024
318.591
32E.(i40
317.571
328.232
u.s. BUREAU OF UIBOR STAnSTICS Postal Square Building 2 Massachusetts Avenue NE Washlngton, DC 20212-0001 Telephone:1-202-691-5200TelecommunlcatlonsRelay5ervlce:7-1-lw,wwbls.gov City Council 17 – 18 8/6/2024
4,5, BUREAU OF LABOR STATISTICS
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PPI Commodity Data
Series Id: WPUO571
Not Seasonally Adjusted
SeriesTitle: PPICommodltydataTarFuelsandrelatedproducksandpower-Gasoline,notseasonallyadjusted Group: Fuels and related products and power
Itemi Gasoline
Base Datei 198200
Downloadi m, dg
u.s. BUREALI OF LABOR STATISTICS Postal Squara Building 2 Massachuseitks Avenue NE Washington, DC 20212-0001 8 4/25/2024
relephone:x-202-691-5200TelecommtinlcationsRelaySeivlce:7-1-T WWW.hl'i.QQV COntactklS City Council 17 – 19 8/6/2024
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PPI Commodity Data
Series Id: WPUO57303
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Series Title: PPICommodRy data ror Fuelsand related products and power-No. 2 diesel Tuel,not seasonally adlus(ed Groupi Fuels and related products and povier
Item: No. 2 diesel fuel
Base Datei 198200
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LI.S. BUREAU OF LABOR STAnSTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 0§p 4/25/2024
Telephone:1-202-691-5200TelecommunlcationsRelayServlce:7-1-1 www.bls.qov Conkactll:i City Council 17 – 20 8/6/2024
EXHIBIT 4
City Council 17 – 21 8/6/2024
City Council 17 – 22 8/6/2024
EXHIBIT B-3
AUTHORIZED TOWING AND STORAGE FEE SCHEDULE"
Senrice Fee Adjust0d Fee (2% '
rounded)
Stored Vehicle Release Fee (PD) $95 00 a
N/A
Class A $230 00 $235 00
Class B or Flatbed $28-1 00 $287 00
Class C
$413 00 $/121 00
Class D
?159.00 $468.00
Dolly, Go-Jacks or Linkage Fee $61 00 $62.OC)
Rollover or Winching Fee $133.00 $138.00
Clean-up Fee (fee to City capped
at $35.00 per occurrence)
$61 .00 $62.00
Hazmat Fee (per five (5) gallon
bucket)
$ 117 00 $"l 19.00
Vehicle Storage Fees (Daily) ' I
Class A - Outside $71 .00 $72.00
Class A - Inside %n.OO $79.00
Class B - Outside $8:) 00 $8!! 00
Class B-Inside $87 (T) $89.00
Class C or Class D - Outside $86.00 $88.00
Class C or Class D - Inside $93.00 $95 00
After Hours Release
50oy6 of the
autl"iorized
towinq cl'iarge
50o* Of the
acithOrized
towing charge
Minimum Service Call or Drop Fee
50% or tl"ie
ciut.horized
towing cl'iarge
50% or it-ie
ai_itl'iorized
toui'irig c}iarge
Lien Sale
As acithorized by
the California Civil
and Vehicle Codes
As aulhoriz- ed fry
tlie California Civil
and Velqicle
Codes
Mileage (per mile outside the
corporate city lirnits)
$9.00 $9 00
Fees indicated herein will become the City's maximum authorized rates effective at the time of contract implementation; i-ninimum 1 hour
Santi'i.Ana p(iliee [)cli;irtinem
Ircvision 5 31 24j City Council 17 – 23 8/6/2024
*IJ,S,8URRAU OFLBOR STATISTICS
EXHIBIT B-4
Databases, Tables & Calculators by Subject
Change Output Options:

Fr-m=5TO:5(!!:)"
€ includegraphs € includeannuala MoraFtimiatting0ptions4 ' @5 4/25/2024
Data etktacted on: May 31, 202-1(2:20:58 PMI
Consumer Price Index for All Urban Consumers (CPI-U)
Series Idi CUURS49ASAO,CUllSS49ASAO
Not Seasanally Adjusted
SerlesTltle: AllikernslnLosAngeles-LongBeach-Anaheim.CA,allurbanconsumeis,nokseasonallyadlusted Area: Los Angeles-Long Beach-Anahelm, CA
Itemi All Items
Base Periodi 1982-84=100
Downloadi @xlsx
Year Jan Feb Mar Apr May Jun Jul Aug Sep act Nov Dec Annual HALFI HALF2 317.873 320.089 320.514 322.055 321.931 324.050 324.984 324.545 323.341 323.456 321.583 319.449 323.718 33(16-i-i-i'ii2.572i
2023
2024
318.591
32E.(i40
317.571
328.232
u.s. BUREAU OF UIBOR STAnSTICS Postal Square Building 2 Massachusetts Avenue NE Washlngton, DC 20212-0001 Telephone:1-202-691-5200TelecommunlcatlonsRelay5ervlce:7-1-lw,wwbls.gov City Council 17 – 24 8/6/2024
4,5, BUREAU OF LABOR STATISTICS
:R
Databases, Tables & Calculators by Subject
Change Output Optlonsi
From:5'ro:R@
[]nciuoegraphs € inciuaeannuaiaeas MoraForinatting0ptions4 Data extracted on: May 31, 2024 (2:25:28 PM)
PPI Commodity Data
Series Id: WPUO571
Not Seasonally Adjusted
SeriesTitle: PPICommodltydataTarFuelsandrelatedproducksandpower-Gasoline,notseasonallyadjusted Group: Fuels and related products and power
Itemi Gasoline
Base Datei 198200
Downloadi m, dg
u.s. BUREALI OF LABOR STATISTICS Postal Squara Building 2 Massachuseitks Avenue NE Washington, DC 20212-0001 8 4/25/2024
relephone:x-202-691-5200TelecommtinlcationsRelaySeivlce:7-1-T WWW.hl'i.QQV COntactklS City Council 17 – 25 8/6/2024
*u.s.BUREAU OFLApOR SJA71S71CS
Databases, Tables & Calculators by Subject
Change Output Optionsi F,,m,5To,5@
€ inciuoegraphs € inciusennuai MoraForinatting0ptions4
Dataextracted on; May 31. 202412:2(i:38PMI
PPI Commodity Data
Series Id: WPUO57303
Not Seasonally Adjusted
Series Title: PPICommodRy data ror Fuelsand related products and power-No. 2 diesel Tuel,not seasonally adlus(ed Groupi Fuels and related products and povier
Item: No. 2 diesel fuel
Base Datei 198200
o--m=m= m,X18X
LI.S. BUREAU OF LABOR STAnSTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 0§p 4/25/2024
Telephone:1-202-691-5200TelecommunlcationsRelayServlce:7-1-1 www.bls.qov Conkactll:i City Council 17 – 26 8/6/2024
Public Works Agency and Library
www.santa-ana.org/public-works
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 6, 2024
TOPIC: Main Library Renovation Project

AGENDA TITLE
Appropriation Adjustment and Construction Contract to PCL Construction Services, Inc. for the Main Library Renovation Project (Project No. 22-1380, 24-7531, 25-7528) (Revive Santa Ana) (General Fund and Non-General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment recognizing $1,235,145 of prior-year fund balance in the CATV Fund, Prior Year Carry Forward revenue account and appropriating the same amount to the CATV Fund, Buildings & Building Improvements expenditure account. (Requires five affirmative votes.)

2. Authorize a budget reallocation of $1,401,776 in unspent funds from the Newhope Improvements Project (No. 22-1802) to construction funds for the Main Library Renovation Project (Project No. 22-1380, 24-7531, 25-7528).

3. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include $1,235,145 in construction funds for the Main Library Renovation Project (No. 22-1380).

4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,927,519, which includes $19,353,442 for the construction contract, $316,320 for contract administration, inspection, and testing, and a $4,257,757 project contingency for unanticipated or unforeseen work, due to the complexity and extensive scope of this project.

5. Award a construction contract to PCL Construction Services, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,353,442, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Main Library Renovation Project, for a term beginning August 6, 2024, and ending upon project completion, and authorize the City Manager to execute the contract.

6. Determine that, pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section City Council 18 – 1 8/6/2024
Main Library Renovation Project
August 6, 2024

Page 2 ends

15301(a) and 15301(d) of the CEQA Guidelines for projects consisting of interior and exterior alterations, as well as restoration or rehabilitation of structures, facilities, mechanical equipment, and windows. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER-2024-30 was filed for Project 22-1380 on April 17, 2024.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Santa Ana Public Library was allocated American Rescue Plan Act (ARPA) funding to advance educational equity and support for impoverished and underserved Santa Ana communities within qualified census tract areas. This project meets the intent of the funding source by enhancing the Library’s physical, digital, and technological environment that will expand access and provide free innovative and interactive spaces for children, teens, and their families. The scope of work includes site work for surface parking, site utility improvements, entrance walkways, pedestrian lighting, renovation of exterior public spaces, site furnishings, irrigation, and landscaping. The Main Library building consists of 39,790 square feet and has two floors and a below-grade basement.

Additional improvements will include the following:
• Hazardous material removal
• Demolition, repair, and restoration of exterior marble façade • An accessible elevator
• Repair and revitalization of north facing windows
• Full historic restoration of interior spaces
• Mechanical, plumbing, and electrical improvements
• Low-voltage systems
• Communications equipment
• Electrical security
To accommodate community needs, the upgraded facility will also include new book drop locations, bookmobile parking, shared public spaces such as Science, Technology, Engineering, and Mathematics (STEM) learning areas, a large community room equipped for public meetings, and a new Santa Ana History Room.

The Public Works Agency’s Engineering Services Division (PWA) is responsible for the administration and oversight of all Capital Improvement Projects in the City. For the Main Library Renovation Project (Project), construction will be led and administered by PWA, who will ensure that the contractor complies with requirements, plans, and specifications of the project.

City Council 18 – 2 8/6/2024
Main Library Renovation Project
August 6, 2024

Page 3 ends

Public Outreach and Contractor Participation
The City notified nine pre-qualified vendors via PlanetBids through RFQ #24-031A.

Furthermore, staff specifically reached out to those vendors to encourage their participation in bids. A total of five bids were received.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on May 6, 2024 and May 13, 2024. The project was also advertised in PlanetBids from May 1, 2024 through June 18, 2024. Bids were received electronically via PlanetBids on June 18, 2024. No bid protest was submitted by any of the bidders during the bid protest period.

Bid Results Summary
Rank Bidder’s Name Location Base Bid +
Alternates
1 PCL Construction Services, Inc. Irvine, CA $19,353,442 2 S.J. Amoroso Construction Co., LLC Costa Mesa, CA $20,702,000 3 Pinner Construction Co., Inc. Anaheim, CA $22,388,000 4 ProWest PCM, Inc. Wildomar, CA $22,481,742
5 2H Construction Signal Hill, CA $22,708,700
A total of five bids were received and all were deemed responsive. PCL Construction Services, Inc. submitted the lowest responsive base bid and bid alternates in the amount of $19,353,442 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to PCL Construction Services, Inc. (Exhibit 4).

PCL Construction Services, Inc. has not previously performed work as a prime contractor in the City of Santa Ana within the last five years. A reference check was made with staff and good reviews were received regarding the quality of work performed by the contractor on previous projects.

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration includes implementation of the labor requirements; and oversight of the Library’s construction management firm, Griffin Structures, who will provide day-to-day construction management services, inspections, and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized City Council 18 – 3 8/6/2024
Main Library Renovation Project
August 6, 2024

Page 4 ends

in the table below, the estimated total construction delivery cost of the project is $23,927,519.

Project Item Total
Construction Contract Bid Amount $19,353,442
Construction Administration $316,320
Project Contingencies $4,257,757
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $23,927,519
CATV Fund Appropriation Adjustment
Included in the project is the construction of a new large community meeting room equipped for publicly broadcasted meetings and technology-driven Library programs.

Facilities will be used in support of public, educational, and governmental activities, which is an appropriate use of CATV PEG funds. An appropriation adjustment is needed to recognize $1,235,145 of prior year fund balance in the CATV Fund for this portion of the project.

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(a) and 15301(d) of the CEQA Guidelines for projects consisting of interior and exterior alterations, as well as restoration or rehabilitation of structures, facilities, mechanical equipment, and windows. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER-2024-30 was filed for project 22-1380 on April 17, 2024.

FISCAL IMPACT
With the approval of the requested appropriation adjustment, a portion of the accumulated fund balance will be appropriated for spending in the CATV Fund, Buildings & Building Improvements expenditure account (No. 02103010-66200). The spendable portion of the fund balance is estimated to be $2,194,396.10 at June 30, 2024, which is sufficient to allow for the recommended appropriation of $1,235,145.

As indicated in the Cost Analysis, the estimated total construction delivery cost of the project (22-1380) is $23,927,519, which includes construction, contract administration, inspection, testing, and authorized contingencies of $4,257,757. Funding within Funds 181, 152, 011, 012, and 135 will be presented to the City Council for approval of carryforward to FY 2024-25 as part of the citywide carryforward process. Additional proposed carry-overs of unspent funds to future fiscal years will be presented to the City Council for approval. The proposed contract enables staff to authorize a construction cost increase of up to 25% if necessary for contingencies.

On December 20, 2022, the City Council approved a California State Library Building Forward Grant for the Main Library Renovation Project. The Library has received the City Council 18 – 4 8/6/2024
Main Library Renovation Project
August 6, 2024

Page 5 ends

first grant payment and can submit claims for the remaining revenue in the amount of $4,664,986 once the project is moving forward.

The following table summarizes the funds budgeted for expenditure to deliver the construction of this project:

Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit, Account
No. Description Amount
Existing Budget to CarryForward to FY 24-25
2024-25 18111013-66200
(22-1380)
American
Rescue Plan
Act (ARPA)
ARPA – LIBRARY,
Buildings & Building
Improvements
$10,177,086
2024-25 15211154-66200
(22-1380)
Public Library
Grant Fund
Building Forward Library
Grant, Buildings & Building
Improvements
$3,686,759
2024-25 01111017-66200
(22-1380) General Fund
Library – Service
Enhancement – Buildings &
Building & Improvements
$1,761,530
2024-25 13518783-66200
(24-7531)
Community
Development
Block Grant
CDBG Programs,
Buildings & Building &
Improvements
Proj: Parking Lot Main
Library
$300,237
2024-25 13518783-66200
(25-7528)
Community
Development
Block Grant
CDBG Programs,
Buildings & Building &
Improvements
Proj: Main Lib Windows
$700,000
2024-25
01211020-66200
(From Proj. 22-
1802 to 22-1380)
Cannabis
Public Benefit
Fund
Library Youth Services,
Buildings & Building
Improvements
1,401,776
Appropriation Adjustment
2024-25 02103010-66200 CATV Fund
CATV Capital Support
(PEG), Buildings &
Building & Improvements
$1,235,145
Future Grant Revenue to be Dispersed
2024-25 15211154-69011
(22-1380)
Public Library
Grant Fund
Building Forward Library
Grant, Reserve
Appropriation
$4,664,986
TOTAL $23,927,519
City Council 18 – 5 8/6/2024
Main Library Renovation Project
August 6, 2024

Page 6 ends

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. FY 2023-24 Capital Improvement Program Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Brian Sternberg, Executive Director – Library
Approved By: Alvaro Nuñez, Acting City Manager
City Council 18 – 6 8/6/2024
PWA

SANTA ANA

PUBLIC WORKS AGENCY
EXHIBIT 1
PAGE 1 OF 1

LOCATION MAP

MAIN LIBRARY RENOVATION
PROJECT 22-1380
AUGUST 8, 2024
AGENDA DATE:

CITY COUNCIL
City Council 18 – 7 8/6/2024
EXHIBIT 2
17,708,372
3,270
17,708,372
3,270
2,500 2,500
152,667 152,667
45,700
94,928
125,000
94,928
18,132,437
905,051 905,051
199,483
116,471
199,483
116,471
City Council 18 – 8 8/6/2024
City Council 18 – 9 8/6/2024

CITY OF SANTA ANA

CONSTRUCTION CONTRACT
PROJECT 22-1308

MAIN LIBRARY RENOVATION PROJECT
This CONSTRUCTION CONTRACT is made and entered into this 6th day of August, 2024 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and PCL Construction Services, Inc. (hereinafter “CONTRACTOR”).

WITNESSETH:

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

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

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

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Nineteen Million Three Hundred Fifty Three Thousand Four Hundred Forty Two Dollars and No Cents ($19,353,442.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A,” and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction.

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

Page 1 of 4 ends

City Council 18 – 10 8/6/2024
class or portion of the work or to omit portions of the work as may be deemed necessary or advisable.

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

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

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

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

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

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

10. INDEMNIFICATION.

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

Page 2 of 4 ends

City Council 18 – 11 8/6/2024
(ii)
(iii)
(iv)
(v)
Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties;
The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR.

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

11. FEDERAL PROVISIONS.

Contractor shall comply, and ensure all subcontractors comply, with all applicable regulations, policies, guidelines and requirements of the Community Development Block Grant (CDBG) program set forth by U.S. Department of Housing and Urban Development for sub-recipients including, without limitation, the funding requirements laid out in Appendix J of the Contract Documents. Contractor’s attention is specifically directed to the following, which are each incorporated herein by this reference:
(i) 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards).
(ii) Program Income – 24 CFR Part 570.500(a)(1)
(iii)
(iv)
(v)
Unused Program Income – 24 CFR Part 570.503(b)(3)
Transfers of Program Income – 24 CFR Part 570.504(b)(2) Disposition of Program Income – 24 CFR Part 570.504(c)
(vi) Applicability of Uniform Administrative Requirements – 24 CFR § 570.502 (vii) Subpart K of the CDBG Regulations, commencing with 24 CFR § 570.600 (viii) Section 3 Requirements as specified herein.
(ix) Federal Contract Provisions as specified herein.

With respect to any conflict between such federal requirements and the terms of the Contract Documents and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. Contractor shall be subject to the Davis-Bacon Act. The federal minimum wage rates are attached to Appendix P of the Contract Documents. When the Davis-Bacon wage rates and California prevailing wage rates differ for similar kinds of labor, the Contractor shall pay not less than the higher rate.

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

Page 3 of 4 ends

City Council 18 – 12 8/6/2024
ATTEST: CITY OF SANTA ANA
JENNIFER L. HALL
City Clerk
ALVARO NUÑEZ
Acting City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
CONTRACTOR:

PCL Construction Services, Inc.

By:

J NAME:

TITLE:

Thai Nguyen
Assistant City Attorney District Manager
RECOMMENDED FOR APPROVAL:

Nabil Saba Digitally signed by Nabil Saba Date: 2024.07.22 13:47:37 -07'00'

NABIL SABA, PE
Executive Director
Public Works Agency

Page 4 of 4 ends

City Council 18 – 13 8/6/2024

EXHIBIT A
17,708,372
3,270
17,708,372
3,270
2,500 2,500
152,667 152,667
45,700
94,928
125,000
94,928
18,132,437
905,051 905,051
199,483
116,471
199,483
116,471
City Council 18 – 14 8/6/2024

EXHIBIT A
City Council 18 – 15 8/6/2024
EXHIBIT 4
Construction Contract 19,353,442.00 $
Contract Administration, Inspection and Testing 316,320.00 $ Contingencies 4,257,757.00 $
TOTAL ESTIMATED CONSTRUCTION COSTS 23,927,519.00 $
CONSTRUCTION OF PROJECT NO. 22-1380: Main Library Renovation Project

COST ANALYSIS
City Council 18 – 16 8/6/2024
EXHIBIT 5
CITY OF SANTA ANA FY 24/25CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT TITLE: PROJECT DESCRIPTION: PROJECT NEED:

Main Library Renovation Project Main Library Renovation The Library was established in 1960. Since then, one interior renovation was completed in 1990. All mechanical, electrical, and plumbing systems are original to the building and end of life. The renovation will restore the historical character of the building, while also modernizing the building, and upgrading all major critical infrastructure.

PROJECT CATEGORY:

City & Park Facility Improvements
Facility

LOCATION MAP
PROJECT COSTS FY 24/25
23,927,519
23,927,519
FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31
Construction - - - - - -

TOTAL - - - - - -

SOURCE OF FUNDS
CATV Fund
FY 24/25
1,235,145
13,024,072
1,000,237
316,320
FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
ARPA Funds
CDBG Programs

GENERAL FUND
PUBLIC LIBRARY GRANT 8,351,745
TOTAL 23,927,519

CITYWIDE
AGENCY: DIVISION: CONTACT: DATE:

Library Administration Maria Castro, Management Analyst- Library 17-Jul-2024 City Council 18 – 17 8/6/2024
City Council 18 – 18 8/6/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 6, 2024
TOPIC: Traffic Signal Modification at Warner Avenue and Wright Street

AGENDA TITLE
Construction Contract to Elecnor Belco Electric, Inc. for the Traffic Signal Modification at Warner Avenue and Wright Street Project and Appropriation Adjustment (Project No. 23-7539) (Non-General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment recognizing $197,335 of prior-year fund balance in the Transportation System Improvement Authorization Area B Tustin fund, Prior Year Carry Forward revenue account and appropriate to the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes.)

2. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid items in the amount of $562,868, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Traffic Signal Modification at Warner Avenue and Wright Street for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract.

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $703,585, which includes $562,868 for the construction contract, $84,430 for contract administration, inspection, and testing, and a $56,287 project contingency for unanticipated or unforeseen work.

4. Approve an amendment to the FY 2024-25 Capital Improvement Program to include $197,335 in construction funding from the Transportation System Improvement Authorization Area B fund for the Traffic Signal Modification at Warner Avenue and Wright Street project.

5. Determine that, in accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-35 was filed for the project 23-7539.

City Council 19 – 1 8/6/2024
Traffic Signal Modification at Warner Avenue and Wright Street August 6, 2024

Page 2 ends

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The City of Santa Ana’s Public Works Agency (PWA) is responsible for the implementation and maintenance of transportation safety improvements throughout the City. PWA was successful in receiving $506,250 in Community Development Block Grant (CDBG) funds for the active transportation safety improvements at the intersection of Warner Avenue and Wright Street (Exhibit 1). The improvements will include installation of new left turn arrows to separate the turning vehicle movements from pedestrians and bicyclists eliminating the potential for conflict. Additionally, high visibility crosswalks and audible pedestrian signals will be installed to enhance visibility of crossing pedestrians and bicyclists at the intersection. These project improvements are proven to reduce vehicular and pedestrian involved collisions which will enhance the safety of pedestrians and motorists when traversing this intersection. The scope of work includes installation of traffic signal poles, conduit, wiring, fiber optic cable, video detection system, signage, and striping.

Staff is requesting City Council approval for the appropriation adjustment of $197,335 to complete the total project funding requirement. Upon approval of the requested appropriation adjustment, the total funds available for construction will be $703,585, which is composed of $506,250 in grant funding and $197,335 in Transportation System Improvement Authorization Area B Tustin funding.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 39 regional vendors via PlanetBids, many of which are Santa Ana based. A total of five bids were received. No bids were received from any Santa Ana contractors.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on April 15, 2024 and April 22, 2024. The project was also advertised in PlanetBids on April 12, 2024. Bids were received electronically via PlanetBids on May 06, 2024. No bid protest was submitted by any of the bidders during the bid protest period.

Bid Results Summary
Rank Bidder’s Name Location Base Bid + Add
Alternate Bid
1 Elecnor Belco Electric, Inc. Chino, CA $562,868
2 Select Electric, Inc Vista, CA $603,970
3 Asplundh Construction, LLC Buena Park, CA $632,715
4 International Line Builders Inc. Corona, CA $720,181
City Council 19 – 2 8/6/2024
Traffic Signal Modification at Warner Avenue and Wright Street August 6, 2024

Page 3 ends

Rank Bidder’s Name Location Base Bid + Add
Alternate Bid
5 Crosstown Electrical & Data,
Inc. Irwindale, CA $759,981
A total of five bids were received and all were deemed responsive. Elecnor Belco Electric, Inc. submitted the lowest responsive bid in the amount of $562,868 (Exhibit 2).

As specified in the bid documents, the lowest bid shall be determined on the basis of the base bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Elecnor Belco Electric, Inc. in the amount of the base bid and alternate bid totaling $562,868 (Exhibit 3).

Elecnor Belco Electric, Inc. has previously performed work as a prime contractor in the City of Santa Ana within the last five years, most recently completing Bristol Street and Santa Clara Avenue Traffic Signal Installation. A reference check was made with staff and good reviews were received regarding the quality of work performed by the contractor on previous projects.

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management and implementation of the labor requirements.

As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $703,585.

Project Item Total
Construction Contract Bid Amount $562,868
Construction Administration, Inspection, Testing $84,430 Project Contingencies $56,287
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $703,585

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2024-35 was filed for the project 23-7539.

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $703,585, which includes construction, contract administration, inspection, and testing, and authorized contingencies of $56,287.

City Council 19 – 3 8/6/2024
Traffic Signal Modification at Warner Avenue and Wright Street August 6, 2024

Page 4 ends

With the approval of the requested appropriation adjustment, a portion of the accumulated fund balance will be appropriated for spending in the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account (No. 99217950-66220). The spendable portion of the fund balance is estimated to be $8,523,619 at June 30, 2024, which is sufficient to allow for the recommended appropriation of $197,335. The funds will be budgeted and available for this item in the accounts below.

Project No. 23-7539 is the number assigned to the funding for tracking of all expenditures to deliver the construction of this project. A proposed carryover of FY 2023-24 unspent funds in Project No. 23-7539 will be presented to City Council for approval of this contract. Upon approval, funds will be available for this expenditure in Fiscal Year 2024-25 Capital Improvement Program (Exhibit 5). Any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carryovers to Fiscal Year 2025-26.

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

The following table summarizes the funds budgeted for expenditure to deliver construction of this project.

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

Description
Amount
Original Budget
2024-25 13518783-66220
(23-7539) CDBG
CDBG Programs,
Improvements Other
Than Buildings
$506,250
Appropriation Adjustment
2024-25 99217950-66220
(23-7539)
Tran Sys
Imp Aut Area
B
Tran Sys Imp Aut Area
B Tustin, Improvements
Other Than Buildings
$197,335
Total $703,585

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract
City Council 19 – 4 8/6/2024
Traffic Signal Modification at Warner Avenue and Wright Street August 6, 2024

Page 5 ends

4. Cost Analysis

5. FY 2024-25 Capital Improvement Program Project Sheet Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, Acting City Manager
City Council 19 – 5 8/6/2024
PWA

SANTA ANA
PUBLIC WORKS AGENCY Project No. 23-7539:

Traffic Signal Modification at Warner Avenue and
Wright Street
Neighborhood Location Map
EXHIBIT 1
City Council 19 – 6 8/6/2024
City Council 19 – 7 8/6/2024
City Council 19 – 8 8/6/2024
City Council 19 – 9 8/6/2024

CITY OF SANTA ANA

CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 23-7539

TRAFFIC SIGNAL MODIFICATION AT WARNER AVENUE AND WRIGHT STREET (CDBG)
1 of 4
This CONSTRUCTION CONTRACT is made and entered into this 30th day of July, 2024 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and Elecnor Belco Electric, Inc. (hereinafter “CONTRACTOR”).

WITNESSETH:

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

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

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

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Five Hundred Sixty Two Thousand Eight Hundred Sixty Eight Dollars and No Cents ($562,868.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A,” and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction.

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

EXHIBIT 3
City Council 19 – 10 8/6/2024

CITY OF SANTA ANA

CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 23-7539

TRAFFIC SIGNAL MODIFICATION AT WARNER AVENUE AND WRIGHT STREET (CDBG)
2 of 4

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

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

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

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

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

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

10. INDEMNIFICATION.

To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier;
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; City Council 19 – 11 8/6/2024

CITY OF SANTA ANA

CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 23-7539

TRAFFIC SIGNAL MODIFICATION AT WARNER AVENUE AND WRIGHT STREET (CDBG)
3 of 4
(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR.

11. FEDERAL FUNDING REQUIREMENTS.

Contractor shall comply, and ensure all subcontractors comply, with all applicable regulations, policies, guidelines and requirements of the Community Development Block Grant (CDBG) program set forth by U.S. Department of Housing and Urban Development for sub-recipients including, without limitation, the funding requirements laid out in Appendix H of the Contract Documents. Contractor’s attention is specifically directed to the following, which are each incorporated herein by this reference:
(i) 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards).
(ii) Program Income – 24 CFR Part 570.500(a)(1)
(iii) Unused Program Income – 24 CFR Part 570.503(b)(3) (iv) Transfers of Program Income – 24 CFR Part 570.504(b)(2) (v) Disposition of Program Income – 24 CFR Part 570.504(c) (vi) Applicability of Uniform Administrative Requirements – 24 CFR § 570.502 (vii) Subpart K of the CDBG Regulations, commencing with 24 CFR § 570.600 (viii) Section 3 Requirements specified herein.
(ix) Federal Contract Provisions specified herein.

With respect to any conflict between such federal requirements and the terms of the Contract Documents and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. Contractor shall be subject to the Davis-Bacon Act. The federal minimum wage rates are attached to Appendix J of the Contract Documents. When the Davis-Bacon wage rates and California prevailing wage rates differ for similar kinds of labor, the Contractor shall pay not less than the higher rate.

Contractor shall additionally comply with the applicable flow down terms and conditions of the CDBG Funding Agreement outlined in Appendix I of the Contract Documents.

Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. [Signatures on the following page]
City Council 19 – 12 8/6/2024

CITY OF SANTA ANA

CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 23-7539

TRAFFIC SIGNAL MODIFICATION AT WARNER AVENUE AND WRIGHT STREET (CDBG)
4 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day 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 Elecnor Belco Electric, Inc.

By:

JOSE MONTOYA NAME:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL:

NABIL SABA, PE
Executive Director
Public Works Agency
Alberto Garcia
President/CEO
Nabil Saba
Digitally signed by Nabil
Saba
Date: 2024.07.15 13:25:12
-07'00'
City Council 19 – 13 8/6/2024

EXHIBIT A
City Council 19 – 14 8/6/2024
City Council 19 – 15 8/6/2024
City Council 19 – 16 8/6/2024
EXHIBIT 4
Construction Contract 562,868.00 $
Contract Administration, Inspection and Testing 84,430.20 $ Contingencies 56,286.80 $
TOTAL ESTIMATED CONSTRUCTION COSTS $ 703,585.00
CONSTRUCTION OF PROJECT NO. 23-7539: Traffic Signal Modification at Warner Avenue and Wright Street

COST ANALYSIS
City Council 19 – 17 8/6/2024
-
PROJECT TITLE:

Active Transportation Safety
Improvements: Warner Avenue
Traffic Signal Modification
PROJECT CATEGORY:

Traffic Improvements
Traffic Improvements
-

LOCATION MAP
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AGENCY:

Public Works
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CITY OF SANTA ANA FY 22/23CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

This traffic safety improvements project will modify the traffic signal at the intersection of Warner Avenue at Wright Street/Brookhollow Drive to enhance the safety of motorists and pedestrians when traversing this intersection. The improvement will separate the left turning vehicle movement from pedestrians and bicyclists eliminating the potential for conflict. These project improvements are known to reduce vehicular and pedestrian involved collisions.

PROJECT COSTS FY 22/23 FY 23/24
Construction 468,750
Engineering 37,500
TOTAL 506,250
SOURCE OF FUNDS FY 22/23 FY 23/24
CDBG Programs 506,250
TOTAL 506,250
FY 24/25
FY 24/25
DIVISION: CONTACT:

PROJECT NEED:

The Federal Highway Administration has identified Santa Ana has a focus city due to its high number of documented pedestrian collision history. In addition, the California Office of Traffic Safety ranks Santa Ana high in pedestrian collisions compared to other California cities.

For the intersection of Warner Avenue at Wright Street/Brookhollow Drive, City of Santa Ana Public Works Engineers completed a warrant analysis in which it was determined by engineering judgement that the existing conditions present safety concerns for both pedestrians and motorists.

FY 25/26 FY 26/27 FY 27/28 FY 28/29
FY 25/26 FY 26/27 FY 27/28 FY 28/29
Traffic Engineering Zdenek Kekula, Principal Civil Engineer 35 EXHIBIT 5
City Council 19 – 18 8/6/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 6, 2024
TOPIC: Santa Ana Regional Transportation Center Fountain Renovation

AGENDA TITLE
Construction Contract to Cabifornia, Inc. for the Santa Ana Regional Transportation Center Fountain Renovation (Project No. 24-6058) (General Fund and Non-General Fund)

RECOMMENDED ACTION

1. Approve an amendment to the FY 2024-25 Capital Improvement Program to include $587,250 in construction funding approved in FY 2023-24 from the Clean California Local Grants Program through the California Department of Transportation.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $587,250 which includes $435,000 for the construction contract, $65,250 for contract administration, inspection, and testing, and a $87,000 project contingency for unanticipated or unforeseen work.

3. Award a construction contract to Cabifornia, Inc. in accordance with the base bid in the amount of $435,000, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for the fountain replacement of the Santa Ana Regional Transportation Center for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract.

4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-58 was filed for project 24-6058.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
In September 1985, the Santa Ana Regional Transportation Center (SARTC) was opened and quickly became a major transportation hub in Orange County. Located at 1000 E Santa Ana Blvd. (Exhibit 1), SARTC serves as a hub for various transportation City Council 20 – 1 8/6/2024
Santa Ana Regional Transportation Center Fountain Renovation August 6, 2024

Page 2 ends

services, including Amtrak intercity rail service, Metrolink commuter rail service, and several local and regional bus services (i.e. Orange County Transportation Authority (OCTA), Greyhound, and other bus services). The Spanish and Mediterranean Revival architectural style of SARTC features ceramic red barrel roof tiles, stucco-style walls, and extensive use of painted tiles for decoration. Many features are original to the facility.

The Public Works Agency (PWA) submitted a successful grant application for funding to the California Department of Transportation (Caltrans) Clean California Local Grants Program to revitalize the SARTC. On December 5, 2023, the City Council adopted Resolution 2023-091, which authorized the Executive Director of the Public Works Agency to execute agreements with Caltrans for the SARTC Fountain Renovation project.

The scope of work for this fountain renovation project includes the removal and replacement of the existing nonfunctioning water fountain at the SARTC main entrance.

The existing fountain is broken beyond repair and does not work due to the fountain’s plumbing and hardware being broken and rundown. Due to these factors, the fountain will be removed and replaced with an aesthetically similar fountain (Exhibit 2). This project will help to beautify the main entrance of the train station and improve the overall transit experience. SARTC improvements along with the future OC Streetcar will activate helping to deter crimes and illegal activities.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 1,877 regional vendors via PlanetBids, several of which are Santa Ana based. A total of five bids were received. No bids were received from Santa Ana contractors.

This project was originally advertised for bid on May 21, 2024. Bids were received electronically via Planet Bids on June 13, 2024. No bid protest was submitted by any of the bidders during the bid protest period.

Bid Results Summary
Rank Bidder’s Name Location Base Bid
1 Cabifornia Inc. Mission Viejo, CA $435,000
2 3M Construction Corporation Anaheim, CA $445,777
3 Diamond Construction & Design La Habra, CA $490,000
4 Cinbad Industry, Inc. Chatsworth, CA $585,000
5 Fidelity Builders, Inc. Glendale, CA $647,700
A total of five bids were received and all were deemed responsive. Cabifornia Inc. submitted the lowest responsive base bid in the amount of $435,000 (Exhibit 3). As specified in the bid documents, the lowest bid shall be determined on the basis of the City Council 20 – 2 8/6/2024
Santa Ana Regional Transportation Center Fountain Renovation August 6, 2024

Page 2 ends

base bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Cabifornia Inc in the amount of the base bid totaling $435,000 (Exhibit 4). This local company has 14 years of experience with building and remodeling jobs. This will be their first project for the City of Santa Ana.

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management and implementation of the labor requirements.

As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $587,250. A proposed carryover of FY 2023-24 unspent funds in Project No. 24-6058 will be presented to the City Council for approval for this contract to amend the FY 2024-25 Capital Improvement Program (Exhibit 6).

Project Item Total
Construction Contract Bid Amount $ 435,000
Construction Administration, Inspection, Testing $ 65,250 Project Contingencies $ 87,000
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $ 587,250

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Review No. ER-2024-58 was filed for the project 24-6058.

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $587,250, which includes construction, contract administration, inspection, and testing, and authorized contingencies of $87,000. The funding of $587,250 for this project was appropriated in prior fiscal year’s capital budget (Exhibit 6). As part of the Citywide budget carry-forward process, the request will be submitted to the Finance Department for these funds to be carried forward into Fiscal Year 2024-25. The carryforward is a citywide effort and compiled with requests from various departments. It will be presented for City Council approval under a separate agenda item.

The proposed contract enables staff to authorize a construction cost increase of up to 25%, if necessary for contingencies. Staff expects to utilize other available Public Works appropriations if a contingency becomes necessary to complete the project If there are City Council 20 – 3 8/6/2024
Santa Ana Regional Transportation Center Fountain Renovation August 6, 2024

Page 2 ends

no other available appropriations, staff will return to the City Council with a project update and recommendations.

The following table summarizes the funds budgeted for expenditure to deliver construction of this project:

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description Amount
2024-25
06717650-
66220
(24-6058)
Regional
Transp Center
PWA – SARTC
Operations,
Improvements Other Than
Buildings
500,000
2024-25
01117650-
66220
(24-6058)
General Fund
SARTC Maintenance –
Service Enhancement,
Improvements Other Than
Buildings
87,250
TOTAL $587,250

EXHIBIT(S)

1. Location Map

2. Proposed Fountain Design

3. Bid Proposal

4. Construction Contract

5. Cost Analysis

6. Capital Improvement Project Worksheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, Acting City Manager
City Council 20 – 4 8/6/2024
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 24-6058:

SARTC Fountain Replacement
Exhibit 1
City Council 20 – 5 8/6/2024

EXHIBIT 3
City Council 20 – 9 8/6/2024
City Council 20 – 10 8/6/2024
City Council 20 – 11 8/6/2024
City Council 20 – 12 8/6/2024
City Council 20 – 13 8/6/2024
City Council 20 – 14 8/6/2024
City Council 20 – 15 8/6/2024
City Council 20 – 16 8/6/2024
City Council 20 – 17 8/6/2024
City Council 20 – 18 8/6/2024
City Council 20 – 19 8/6/2024
City Council 20 – 20 8/6/2024
City Council 20 – 21 8/6/2024
City Council 20 – 22 8/6/2024
City Council 20 – 23 8/6/2024
City Council 20 – 24 8/6/2024
City Council 20 – 25 8/6/2024
City Council 20 – 26 8/6/2024
City Council 20 – 27 8/6/2024

CITY OF SANT A ANA
CONSTRUCT[ON CONTRACT AGREEMENT
PROJECT NO.: 24-6058

SARTC FOUNTAIN REPLACEMENT
EXHIBIT 4
This CONSTRUCTION CONTRACT is made and entered into this 30th day of July, 2024 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Cabifornia Inc. (hereinafter "CONTRACTOR").

WITNESSETH:

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

1. CONTRACTOR agrees to perfonn all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Fountain Replacement project at Santa Ana Regional Transportation Center (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council.

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

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Four Hundred Thhty Five Thousand Dollars and No Cents ($435,000.00), as set forth and identified in the BID PROPOSAL, which is attached hel'eto and incorporated herein as Exhibit "A," and in accordance with Section 2-7. I of the Green book:

Standard Specifications for Public Works Construction.
rev. 09/01/2017 Page I of3
City Council 20 – 28 8/6/2024
City Council 20 – 29 8/6/2024
City Council 20 – 30 8/6/2024
Exhibit 5

COST ANALYSIS
CONSTRUCTION OF PROJECT NO 24‐6058: SARTC Fountain Replacement Construction Contract  $ 435,000.00
Contract Administration, Inspection and Testing  $ 65,250.00 Contingencies  $ 87,000.00
TOTAL ESTIMATED CONSTRUCTION COSTS  $ 587,250.00
City Council 20 – 31 8/6/2024
CITY OF SANTA ANA FY 24/25CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

This project includes the removal and replacement of the existing nonfunctioning water fountain feature at the main entrance of the Santa Ana Regional Transportation Center.

PROJECT NEED:

The existing fountain has many cracks, chipped tile, and does not work due to the fountain's hardware being broken and rundown. This project will help beautify the main entrance of the train station and improve the overall transit experience.

PROJECT TITLE:

SARTC Fountain Replacement
PROJECT CATEGORY:

City & Park Facility Improvements
Facility

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works Parks, Fleet & Facilities Mike Ortiz, Senior Civil Engineer 11-Jul-2024 PROJECT COSTS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Construction 637,250 - - - - - -
TOTAL 637,250 - - - - - -
SOURCE OF FUNDS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 GENERAL FUND 137,250 - - - - - -
PWA - SARTC OPERATIONS 500,000 - - - - - -
TOTAL 637,250 - - - - - -
EXHIBIT 6
City Council 20 – 32 8/6/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 6, 2024
TOPIC: Flow Control Valve Maintenance, Rehabilitation, and Replacement at City Water Facilities

AGENDA TITLE
Agreement with Griswold Industries, dba Cla-Val, for Flow Control Valve Maintenance, Rehabilitation, and Replacement Services at City Water Facilities (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Griswold Industries, dba ClaVal, to provide flow control valve maintenance, rehabilitation, and replacement services for City water facilities, for a total amount not to exceed $1,250,000, for a three-year term beginning August 6, 2024 and expiring August 5, 2027, with a provision for one, two-year extension (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Public Works Agency’s Water Resources Division (PWA) oversees the daily operations and maintenance of the City’s water and sanitary sewer systems. The City’s water production system consists of 21 wells, four pressure control stations, seven Metropolitan Water District connections, seven water booster stations, ten reservoirs, and two sanitary sewer lift stations. Over 120 flow control valves are located throughout the City at water system facilities, such as wells and pump stations, to effectively control of the introduction of water in to the distribution system and sustain desired pressures.

As with other water system assets, flow control valves must be regularly maintained, and periodically rehabilitated or replaced, in order for the water system to function correctly. Due to the complex characteristics of flow control valves, it is ideal to have manufacturer-certified technicians perform inspection, maintenance, rehabilitation, and replacement services.

On April 11, 2024, PWA released Request for Proposals (RFP) No. 24-050 (Exhibit 1) for qualified firms to provide preventative maintenance, rehabilitation, and replacement services for the City’s water pressure reducing and pressure sustaining valves. The RFP was advertised on the City’s online bid management and publication system, PlanetBids, with proposals due on May 2, 2024. System records indicate a total of 264 City Council 21 – 1 8/6/2024
Flow Control Valve Maintenance and Rehabilitation at City Water Facilities August 6, 2024

Page 2 ends

vendors were notified, with 15 downloading the bidding documents, and one proposal was received.

Staff recommends awarding an agreement to Griswold Industries, dba Cla-Val, to provide flow control valve maintenance, rehabilitation, and replacement services for the City’s water pressure reducing and pressure sustaining valves (Exhibit 2). Cla-Val’s work experience and proposal demonstrate that the firm has the necessary technical capacity and expertise to complete the required services outlined in the RFP. The firm’s rates are reasonable and within industry standard and the proposal was determined to provide the best value for the City.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funding is available in the current FY 2024-25 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration.

Fiscal Year Accounting
Unit -
Account #
Fund
Description
Accounting Unit,
Account Description Amount
Contract (3-Year Term)
2024-25
06017640-
62300
Water Water Production &
Supply, Contract
Services -
Professional
$250,000
2025-26
06017640-
62300
Water Water Production &
Supply, Contract Services
- Professional
$250,000
2026-27
06017640-
62300
Water Water Production &
Supply, Contract Services
- Professional
$250,000
Optional One-Year Extensions
2027-28
06017640-
62300
Water Water Production &
Supply, Contract Services
- Professional
$250,000
2028-29
06017640-
62300
Water Water Production &
Supply, Contract Services
- Professional
$250,000
TOTAL $1,250,000
City Council 21 – 2 8/6/2024
Flow Control Valve Maintenance and Rehabilitation at City Water Facilities August 6, 2024

Page 3 ends

EXHIBIT(S)

1. RFP 24-050

2. Agreement with Griswold Industries, dba Cla-Val
Submitted By: Nabil Saba, Executive Director of Public Works Approved By: Alvaro Nuñez, Acting City Manager
City Council 21 – 3 8/6/2024
City Council 21 – 4 8/6/2024
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 2 ends

NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for Flow Control Valve Maintenance and Rehabilitation Program.

Responses to this Request for Proposals (RFP) will be accepted until Thursday, May 2, 2024 at 4:00 P.M.

Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system. It is the responsibility of the proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to this proposal due date and time.

All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 and on the City’s RFP Bid page at www.santa-ana.org/bids-rfps. Proposers shall be responsible for monitoring PlanetBids and the City’s RFP Bid page to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.

LETTER OF INTENT: As a courtesy to the City, all interested firms are encouraged to submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be sent via certified mail or email. A decision, by an interested firm, not to submit a Letter of Intent would not lead to the disqualification of the firm.

City Council 21 – 5 8/6/2024
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

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TABLE OF CONTENTS
I. GENERAL ......................................................................................................... ERROR! BOOKMARK NOT DEFINED.

A. NATURE OF WORK: .......................................................................................................................................... 5 B. SUBMITTAL OF PROPOSAL: ........................................................................................................................... 5 C. PROPOSAL EVALUATION AND RATING: ..................................................................................................... 5 D. PROJECT FUNDING: ......................................................................................................................................... 5 E. TERM OF CONTRACT AGREEMENT: ........................................................................................................... 5 II. PROPOSAL TERMS AND CONDITIONS ..................................................................................................................... 6 A. EXAMINATION .................................................................................................................................................... 6 B. EXECUTION OF AGREEMENT........................................................................................................................ 6 C. PROPOSAL VALIDITY ....................................................................................................................................... 6 D. PRE-CONTRACTUAL EXPENSES .................................................................................................................. 6 E. JOINT OFFERS/SUBCONSULTANTS ............................................................................................................ 6 F. SAFETY PROGRAM REQUIREMENTS ......................................................................................................... 6 II. INSTRUCTIONS TO PROPOSERS ............................................................................................................................... 7 A. CITY RESPONSIBILITIES ................................................................................................................................. 7 B. PROPOSER RESPONSIBILITIES.................................................................................................................... 7 C. REQUEST FOR INFORMATION OR CLARIFICATION ................................................................................ 8 D. ADDENDA ............................................................................................................................................................ 8 E. LICENSES & PERMITS ..................................................................................................................................... 8 F. INSURANCE ........................................................................................................................................................ 8 G. PAYMENT INFORMATION PACKET .............................................................................................................. 8 H. PRE-PROPOSAL MEETING ............................................................................................................................. 8 I. CITY RIGHT TO REJECT .................................................................................................................................. 9 J. PROTESTS .......................................................................................................................................................... 9 III. SUBMITTAL REQUIREMENTS ...................................................................................................................................... 9 A. GENERAL ............................................................................................................................................................. 9

1. DEADLINE ............................................................................................................................................. 9 B. PROPOSAL CONTENTS ................................................................................................................................... 9

1. STATEMENT OF QUALIFICATIONS ................................................................................................ 9

2. SCOPE OF SERVICES ...................................................................................................................... 11

3. FEE PROPOSAL ................................................................................................................................. 11

4. CERTIFICATIONS .............................................................................................................................. 11 IV. PROPOSAL REVIEW (CONSULTANT/CONTRACTOR SELECTION)................................................................. 11 A. EVALUATION AND RATING ........................................................................................................................... 11 B. SELECTION ....................................................................................................................................................... 11 V. AWARD OF AGREEMENT............................................................................................................................................ 12 A. REQUEST FOR COUNCIL ACTION .............................................................................................................. 12 B. EXECUTION OF AGREEMENT...................................................................................................................... 12 VI. IMPLEMENTATION ........................................................................................................................................................ 12 A. KICK-OFF MEETING ........................................................................................................................................ 12 B. NOTICE TO PROCEED ................................................................................................................................... 12 VII. PUBLIC RECORDS ........................................................................................................................................................ 12

APPENDIX
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: FEE PROPOSAL
ATTACHMENT 3: REFERENCES
ATTACHMENT 4: STANDARD AGREEMENT (SAMPLE)
ATTACHMENT 5: CERTIFICATIONS
City Council 21 – 6 8/6/2024
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Flow Control Valve Maintenance and Rehabilitation Services

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APPENDIX A: VALVE LIST
City Council 21 – 7 8/6/2024
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I. GENERAL
The City of Santa Ana (“Santa Ana” or “City”) is the county seat and second most populous city in Orange County, California, with over 310,000 residents. It is the 62nd most-populous city in the United States. Santa Ana is located in Southern California, adjacent to the Santa Ana River, about 10 miles away from the California coast. Founded in 1869, the City is part of the Greater Los Angeles Area, the second largest metropolitan area in the United States.

A. NATURE OF WORK:

The City of Santa Ana is seeking a firm to provide preventative maintenance, rehabilitation and replacement services for the City’s water pressure reducing and pressure sustaining valves. The City intends to enter into agreements with a single firm to provide the described services. A detailed Scope of Work is included in ATTACHMENT 1: SCOPE OF WORK in the Appendix of this RFP.

B. SUBMITTAL OF PROPOSAL:

Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system. It is the responsibility of the proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to this proposal due date and time.

The Fee Proposal shall be submitted separately and electronically to the PlanetBids system prior to this proposal due date and time.

C. PROPOSAL EVALUATION AND RATING:

The criteria for evaluating the proposals submitted will take the following items into consideration:
• Firm/Team Experience 35%
• Relevant Project Experience 30%
• Understanding of Need 25%
• References 10%
The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above.

A final score will be calculated for each submitted proposal and used to rank the proposers.

D. PROJECT FUNDING:

Project is funded by local funds.

E. TERM OF CONTRACT AGREEMENT:

This term is outlined in the Standard Consultant Agreement, as contained in ATTACHMENT 2: STANDARD AGREEMENT in the Appendix of this RFP.

City Council 21 – 8 8/6/2024
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II. PROPOSAL TERMS AND CONDITIONS
By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below:

A. EXAMINATION
Proposer represent 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 the relation to this RFP are fully incorporated.

B. EXECUTION OF AGREEMENT
The City and the selected Proposer will enter into an Agreement similar to that as shown in ATTACHMENT 4: STANDARD AGREEMENT in the Appendix 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 select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate.

C. PROPOSAL VALIDITY
Services, pricing and warranties indicated in a respondent’s Proposal must be valid for a period of 120 days after the submission of the Proposal.

D. PRE-CONTRACTUAL EXPENSES
Santa Ana shall not, in any event, be liable for any pre-contractual expenses incurred by Proposers in the preparation of its proposal.

E. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of sub-consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer.

F. SAFETY PROGRAM REQUIREMENTS
Work Site Safety shall be as defined by the Standard Specifications and these special provisions:

The Proposer shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. The Consultant/Contractor shall provide at its expense City Council 21 – 9 8/6/2024
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all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site.

The following is required in addition to the requirements of the Standard Specification:

1. The Proposer shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job.

2. The Proposer shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards.

3. The Proposer, their employees and subcontractors shall follow all safety rules and safe work practices.

4. The Proposer will immediately notify the City of any significant and/or unusual hazards found during the course of work.

5. The Proposer shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work. The Proposer is solely responsible for the legal disposal of hazardous waste generated in the performance of their work.

Safety Indemnification: To the extent allowed by law, the Proposer agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Proposer, its subcontractors or City, attributable to any alleged act or omission of the Proposer or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi-employer work sites. The City may deduct from any payment otherwise due the Proposer any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work.

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

B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposer will assume responsibility for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest City Council 21 – 10 8/6/2024
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knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.

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

C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made in writing via e-mail to the Project Manager (contact information as noted on the cover page to this RFP) by or before the “Deadline for Requests for Information” date noted on the cover page of this RFP. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP, as indicated below in SUB-SECTION II.D “ADDENDA”.

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

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

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

F. INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of notice of award.

G. PAYMENT INFORMATION PACKET
The selected Proposer shall return a completed payment information packet within ten (10) business days after the successful Proposer has received notice that the agreement has been awarded. The packet is available on the City’s website: www.santa-ana.org/bidsrfps H. PRE-PROPOSAL MEETING
A pre-proposal meeting, if scheduled, will occur on the date, time and location identified on the cover page of this RFP. The meeting will include discussion of the project scope City Council 21 – 11 8/6/2024
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and a question-and-answer session. It is highly recommended that the Proposer’s key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in SUB-SECTION II.D “ADDENDA”.

I. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any 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.

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. Subcontractors shall be the responsibility of the successful Proposer and the City shall assume no liability of such subcontractors.

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

III. SUBMITTAL REQUIREMENTS
A. GENERAL
I. DEADLINE
Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in the Notice Inviting Proposals.

B. PROPOSAL CONTENTS
A responsive proposal shall contain the following documentation:

I. STATEMENT OF QUALIFICATIONS
The Statement of Qualifications shall be limited to a MAXIMUM of (10) DOUBLESIDED PAGES (excluding front and back covers, section dividers and attachments City Council 21 – 12 8/6/2024
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such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11” x 17”. The Statement of Qualifications includes the following:
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.
b. Agreement Statement
Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the standard agreement attached as ATTACHMENT 4: STANDARD AGREEMENT in the Appendix of this RFP.

Insurance requirements subject to change.
c. Firm and Team Experience
Proposal shall include a profile of the firm’s experience. Include resumes of project team/sub-contractors that outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual’s time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm.
d. Understanding Scope of Services
Proposal shall include an outline which demonstrates the firm’s understanding of the scope of work. This outline should include anticipated approach, tasks necessary for successful completion, and suggestions or special concerns that the City should be made aware of.

The Respondent should describe the ongoing support, management, and resources that will be provided to the City throughout the development agreement contract period, including any unique value-added services that it wishes to highlight.
e. Relevant Project Experience
Proposal shall include a list of relevant projects which your firm or personnel have completed within the last five (5) years, including significant work with public agencies. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. f. References
Proposal shall include references for three public entities for which Proposer has performed similar work within the past five (5) years.

City Council 21 – 13 8/6/2024
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g. Fee
Fees may or may not be included as part of evaluation criteria. Refer to SECTION I “GENERAL” above and SUB-SECTION III.B.3 “FEE PROPOSAL” below. (this item not part of page limit)
II. SCOPE OF SERVICES
Proposal shall include a Scope of Services which details the work phases to be completed, the tasks to be accomplished and the deliverables to be provided based upon the requested Scope of Work, detailed in ATTACHMENT 1: SCOPE OF WORK in the Appendix of this RFP.

III. FEE PROPOSAL
Proposer’s fee proposal shall be submitted concurrently with the technical proposal, but in a separate submission to the PlanetBids system. This shall include the proposed Total Fee, firm’s Standard Hourly Fee Schedule, and/or a Project Fee Schedule where applicable and as outlined in the Scope of Work.

Where fees are NOT included as part of evaluation criteria, the fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding.

Where fees ARE included as part of the evaluation criteria, the fee proposal will be opened and reviewed concurrently with the proposal, and weighted per the percentage identified in SECTION I “GENERAL” above.

IV. CERTIFICATIONS
The following forms, included in ATTACHMENT 5: CERTIFICATIONS in the Appendix of this RFP, shall be signed and included as part of the proposal submittal package:
• Non-Collusion Affidavit
• Non-Lobbying Certification
• Non-Discrimination Certification
IV. PROPOSAL REVIEW (CONSULTANT/CONTRACTOR SELECTION)
A. EVALUATION AND RATING
Refer to SECTION I “GENERAL” above.

B. SELECTION
The committee may interview the top ranking proposers. The City will recommend award of the agreement to the Proposer who will provide the best quality and value to the City. City reserves the right to begin negotiations and enter into an agreement without interview or further discussions.

City Council 21 – 14 8/6/2024
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V. AWARD OF AGREEMENT
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee, the Executive Director will recommend award of an agreement to the proposer providing the best quality and value to the City.

B. EXECUTION OF AGREEMENT
A standard agreement is included as ATTACHMENT 4: STANDARD AGREEMENT in the Appendix of this RFP. “Proposer” will hereinafter be referred to as “Consultant” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved.

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

B. NOTICE TO PROCEED
Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved.

VII. PUBLIC RECORDS
All responses to the RFP shall become property of the City, and proposals will become public record after award of agreement. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act.

City Council 21 – 15 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
Appendix
ATTACHMENT 1: SCOPE OF WORK
City Council 21 – 16 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

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SCOPE OF WORK
Introduction and Background:

The City of Santa Ana is located in the heart of Orange County, California and is approximately 27 square miles. The City provides potable drinking water for all of the City’s residents and businesses. The City’s water production system consists of 22 wells, 4 pressure control stations, 7 Metropolitan Water District connections, 7 water booster stations and 8 reservoirs and 2 sanitary sewer lift stations. Control and monitoring of the water system and sewer facilities is coordinated via the City SCADA system using a series of radios to send and receive data from remote locations to the City Home SCADA control room. Flow and pressure control through the water system is achieved using Cla-Val valves per Appendix A.

Description of Work:

The City is requesting proposals for the purpose of rehabilitating, replacing and maintaining all Cla-Val pressure control valves within the water production facilities. All replacement and procured valves in the contract shall be Cla-Val, no exceptions. The contract term shall be for three years with a City option to renew for one additional 2-year term. The Contractor will be expected to hold firm pricing on all contract items supplied for the duration of the contract. Labor increases shall be subject to mutually agreeable terms between the City and the Contractor. The Contractor shall provide all labor, materials, services, and equipment necessary for flow control valve maintenance, repair, and procurement services. All work shall be in accordance with applicable practices and shall conform to all applicable laws, codes and regulations.

In addition, the Contractor must be able to respond to City’s request for emergency repair work on a timely manner. Business hours are considered from 7:00 A.M. to 5:00 P.M. (Monday through Friday). Any time outside of business hours of operation may be considered after hours/weekends. All services, equipment and materials provided by the Consultant must be in accordance with all applicable Federal, State and local regulations, laws, and codes. The City reserves the right to modify the scope of the project at any time.

Contractor Responsibilities:

I. INSPECTION/PREVENTATIVE MAINTANENCE SERVICES (BID ITEMS 1-3) Inspection services shall include annual examination of all valves and any pilot valve systems associated with the valves listed in Appendix A. The Contractor shall perform preventative maintenance every 12 months at each valve system in order to elongate the lifespan of the valves and to determine how the operating conditions of the system are affecting the valve. In addition to preventative maintenance, the Contractor shall, upon request from the City, deploy to any valve and/or pilot valve site and perform a working inspection of the existing valve if the City encounters any valve operational issues.

The preventative maintenance inspection shall verify the working condition of the valve.

City Council 21 – 17 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

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Preventative maintenance should consist of, but is not limited to the following:
a. Removal of lime deposits/mineral buildup from the valve stem and other metal parts
b. Inspect parts (diaphragm, pilot valves, disk plate, solenoids, valve body, tubing, anti-cavitation parts (knock-outs), etc.)
c. Calibrate pilot control settings (pressure and flow, altitude valves, etc.) d. Maintain and clean the strainers and valve body
e. Exercise the valves
f. Check the pilot tubing for leaks
g. Inspect pilot disc retainers
h. Confirm that the diaphragm assembly is properly functioning Preferably, preventative maintenance should be accomplished without removing the valve from the line. However, if removal of the valve is required, the Contractor shall notify City staff prior to performing the work. Upon completion of inspection and maintenance services, the Contractor shall also ensure all tags and/or reference markers on valves and appurtenances are up to date with the most accurate information such as model number, serial number, etc.

In the event, the Contractor encounters outdated valves in need of replacement, the Contractor shall recommend retrofitting old valves with up to date new valves that meet or surpass industry standards.

Within ten (10) business days of completing maintenance services on the City’s Cla-Val’s, the Contractor shall provide a service report to the City of Santa Ana. The Contractor shall follow up with City personnel and notify City staff on any issues encountered in the field regarding requiring additional parts. The Contractor shall state all findings, if any, along with a proposed scope of work and complete cost estimates for any recommended equipment repairs and/or replacement.

II. REPAIR SERVICES (BID ITEMS 4-9)
The Contractor shall repair or replace any parts of the valve found to be worn or otherwise in need of replacement. All internal parts of the valve shall be cleaned of mineral deposits prior to reassembly of the valve. When required (typically every 5 years), complete valve rebuilds/rehabilitations should be performed in which the main valve and its respective pilot controls are cleaned internally, all rubber parts are replaced, and all metal parts replaced where needed. All repairs and rehabilitations shall be made in accordance with Cla-Val guidelines and as directed by the City.

The Contractor shall be factory trained in maintaining all piloting systems offered by Cla-Val and shall fix/repair all piloting systems in accordance with Cla-Val guidelines and as directed by the City. Work under this section shall also include full valve replacement complete with all necessary pilot systems and/or electronic controls.

Valves listed in Appendix A are representative of the majority of the Cla-Val valves in use in the City but is not a complete listing. The City acknowledges that additional costs will be incurred for City Council 21 – 18 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
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Flow Control Valve Maintenance and Rehabilitation Services

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pilot system repairs and will vary depending upon the type of piloting system on each valve.

Assume that a full repair of the valve will include costs for replacement of all parts that could be replaced in a standard Cla-Val diaphragm valve.

For bidding purposes, assume repair of the following components; replacement of disk and seat on Cla-Val on the following models for various sizes as listed on the Fee Schedule:

1. Model 90-01

2. Model 50-01

3. Model 52-03

4. Model 61-02

5. Model 100-01
The Contractor shall solely use Cla-Val parts for replacement, repair, and maintenance of all components of the City’s valves.

III. NEW VALVES AND PROCUREMENT SERVICES (BID ITEMS 10-11) If the Contractor has determined rehabilitation of a valve system is not feasible or at the City’s direction, replacement of the valve with a new valve shall take place. Furthermore, if the cost to repair the valve exceeds 50% of the cost to replace, replacement of the valve with a new valve shall take precedence. When work includes the replacement of valves, the Contractor shall be responsible for removal of the existing valve and installation of the new replacement valve. The Contractor shall also be responsible for supply, installation, calibration and testing of the new replacement valve.

IV. INSTRUMENTATION AND CONTROL SERVICES
The Contractor shall also have experience incorporating instrumentation and remote/local valve control on existing and future valve components in the City. The City currently utilizes electronic valve controllers (Model VC-22D), which serves as an interface between the City’s SCADA system, the valve, and other devices installed on or around the valve. The Contractor shall have expertise in customizing the aforementioned valve controller with the Cla-Val trademarked standard and customized ValvApps to meet the City’s operational requirements specific to each site. The Contractor shall be able to provide the following customization inputs and outputs for the valve controllers upon City request:

1. Valve Regulation

2. Differential Pressure Monitoring

3. Retransmission
(1) Analog Inputs
(2) Digital Inputs

4. Solenoid Outputs

5. Relay Outputs

6. Actions/Alarms

7. Communication
City Council 21 – 19 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

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8. Control Logic
V. VALVES TRAINING SERVICES
Upon request, the Contractor shall provide in depth training on flow control valve operation, maintenance, and repair techniques that optimize staff management of the system. Classes shall include training materials and resources to further assist City Staff in the operation and maintenance of the flow control valves specific to the system. Upon request, the Contractor shall provide training classes in the field and/or in a controlled class setting at certified Cla-Val facilities following the manufacture’s guidelines and operating techniques.

VI. VALUE ADDED RELATED SERVICES

The Contractor may propose additional related services that the City has not specifically identified in this RFP to accomplish the stated goals of this RFP. Value added related services will be considered by the City and may or may not be incorporated in the agreement. All parts and materials must be supplied new and Cla-Val factory approved.

VII. SUBCONTRACTORS
The use of Subcontractors is allowed, but will require approval by City prior to start of any assigned work. Upon commencement of work, the Contractor shall be responsible for services provided by any subcontractor as if Contractor were providing the services with its own organization. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor’s actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor.

VIII. PROJECT MANAGEMENT & COORDINATION
When a request for service is issued to the City, the Contractor shall issue an estimate to the City’s designated Project Manager. The Contractor shall not proceed with any work without the approval of the City’s designated project manager.

Contractors shall invoice the City on a monthly basis for all work performed during the period or provide a one-time invoice at the completion of work issued. Each invoice shall be accompanied by a summary of tasks performed, contract agreement number, results and progress on longterm tasks if any.

IX. CODE COMPLIANCE
All materials and workmanship shall be in strict conformity with standards of the latest editions including revisions of the following:
• American Society of Civil Engineers (ASCE)
City Council 21 – 20 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

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• American Society of Mechanical Engineers (ASME)
• State Department of Industrial Safety (CAL/OSHA)
• California Code of Regulations (CCR)
• Local, State, and Federal Building Codes
• City of Santa Ana Standards
X. MINIMUM QUALIFICATIONS
The Contractor shall meet the following minimum qualifications:

1. All work is to be performed in compliance with all applicable codes, ordinances, laws, standards, due care, and Occupational Safety and Health Administration (OSHA) safety requirements.

2. Be factory authorized, trained and knowledgeable in Cla-Val valves for maintenance, operation and installation. (Provide proof of training upon issuance of a contract with the City)

3. The Consultant shall have a minimum of five (5) years of experience in the services described in ATTACHMENT 1: SCOPE OF SERVICES.

4. Be confined space entry certified as well as possess state and local permits, licenses and certificates required by law to commence, carry, and complete the work.

5. Have access to factory direct inventory for replacement parts, new valves and related appurtenances.

6. Provide all necessary equipment to competently perform and complete work as specified.

XI. SAFETY
Proposer shall be solely and completely responsible for the condition of the project site, including safety of all persons and properties during the performance of the work. In addition, proper safety equipment must be worn at all times. These requirements shall apply continuously until the contract is terminated and shall not be limited to normal working hours.

The Contractor/Consultant shall assure that each employee or subcontractor under the contractor’s supervision is trained in the work practices necessary to safely perform his or her job.

XII. INSURANCE REQUIREMENTS
The successful bidders shall furnish the City with original copies of valid insurance policies herein required upon execution of the contract and shall maintain said policies in full force and effect at all times during the term of this contract. Said insurance policies shall comply with all requirements set forth in these specifications. The Contractor shall keep a current certificate of insurance at the City of Santa Ana at all times and shall immediately report any changes to the City.

XIII. MARKUP
City Council 21 – 21 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 19 ends

The following markup percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits (to the sum of the costs and markups, one (1) percent shall be added as compensation for bonding):
1) Labor ...................................................................................................... 20 2) Materials ................................................................................................ 15 3) Equipment Rental ................................................................................... 15 4) Other Items and Expenditures................................................................ 15 XIV. FEE SCHEDULE:

Contractor shall submit a fee schedule as described in Section III.B.3 of RFP. No separately stated freight or deliveries will be considered. Bidders shall include all costs in the unit price bid.

Furthermore, the Contractor shall submit additional labor, material and rental equipment rates along with fee schedule. Contractor’s labor and equipment rate sheet shall list rates for all labor designations, equipment, rentals, and materials. The bid items specified in the fee schedule are for reference purposes only. Labor increases shall be subject to mutually agreeable terms between the City and the Contractor. The City may request related services that will be paid at the vendor’s standard labor and equipment rate submitted. Fee proposal shall be outlined as follows:
---End of SCOPE OF WORK Section---
City Council 21 – 22 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 20 ends

APPENDIX
ATTACHMENT 2: FEE PROPOSAL
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 (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitations that may impact work requests. 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 shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing.

Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City’s Public Works Agency.

TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: __________________________________________________________________ Bid Item Unit Quantity Unit Price Amount

1. Labor 1 Man Prevailing Wage HR 200 $_______ $________

2. Labor 2 Men Prevailing Wage HR 200 $_______ $________

3. Travel Per Day EA 25 $_______ $_______
Model 50-01

4. Repair 4” Pressure Control Valve Rubber
Rebuilds for Main Valve and Pilot EA 20 $_______ $________

5. Repair 6” Pressure Control Valve Rubber
Rebuilds for Main Valve and Pilot EA 5 $_______ $________

6. Repair 8” Pressure Control Valve Rubber
Rebuilds for Main Valve and Pilot EA 5 $_______ $________

7. Repair 10” Pressure Control Valve Rubber
Rebuilds for Main Valve and Pilot EA 2 $_______ $________

8. Complete New 4” Model 50-01 150lb
Flanged/Epoxy Coated, Stainless Steel
Trim, Complete Stainless Steel Pilot
System, Opening & Closing Speed
Controls, Up Stream & Downstream
Pressure Gauges, X101 Valve Position
Indicator
EA 20 $_______ $________
City Council 21 – 23 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 21 ends

9. Complete New 6” Model 50-01 150lb
Flanged/Epoxy Coated, Stainless Steel
Trim, Complete Stainless Steel Pilot
System, Opening & Closing Speed
Controls, Up Stream & Downstream
Pressure Gauges, X101 Valve Position
Indicator
EA 5 $_______ $________

10. Complete New 8” Model 50-01 150lb
Flanged/Epoxy Coated, Stainless Steel
Trim, Complete Stainless Steel Pilot
System, Opening & Closing Speed
Controls, Up Stream & Downstream
Pressure Gauges, X101 Valve Position
Indicator
EA 5 $_______ $________

11. Complete New 10” Model 50-01 150lb
Flanged/Epoxy Coated, Stainless Steel
Trim, Complete Stainless Steel Pilot
System, Opening & Closing Speed
Controls, Up Stream & Downstream
Pressure Gauges, X101 Valve Position
Indicator
EA 2 $_______ $________
Model 52-03

12. Repair 10” Pressure Control Valve Rubber
Rebuilds for Main Valve and Pilot EA 4 $_______ $________

13. Complete New 10” Model 52-03 150lb
Flanged/Epoxy Coated, Stainless Steel
Trim, Complete Stainless Steel Pilot
System, Opening & Closing Speed
Controls, Up Stream & Downstream
Pressure Gauges, X101 Valve Position
Indicator
EA 4 $_______ $________
Model 61-02

14. Repair 10” Pump Control Valve Rubber
Rebuilds for Main Valve and Pilot EA 1 $_______ $________

15. Complete New 10” Model 61-02 150lb
Flanged/Epoxy Coated, Stainless Steel
Trim, Complete Stainless Steel Pilot
System, Opening & Closing Speed
Controls, Up Stream & Downstream
Pressure Gauges, X105 Limit Switch
Assembly
EA 1 $_______ $________
Model 90-01

16. Repair 6” Pressure Control Valve Rubber
Rebuilds for Main Valve and Pilot EA 5 $_______ $________

17. Repair 8” Pressure Control Valve Rubber
Rebuilds for Main Valve and Pilot EA 5 $_______ $________

18. Repair 10” Pressure Control Valve Rubber
Rebuilds for Main Valve and Pilot EA 5 $_______ $________ City Council 21 – 24 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 22 ends

19. Repair 12” Pressure Control Valve Rubber
Rebuilds for Main Valve and Pilot EA 5 $_______ $________

20. Repair 14” Pressure Control Valve Rubber
Rebuilds for Main Valve and Pilot EA 2 $_______ $________

21. Repair 16” Pressure Control Valve Rubber
Rebuilds for Main Valve and Pilot EA 2 $_______ $________

22. Complete New 6” Model 90-01 150lb
Flanged/Epoxy Coated, Stainless Steel
Trim, Complete Stainless Steel Pilot
System, Opening & Closing Speed
Controls, Up Stream & Downstream
Pressure Gauges, X101 Valve Position
Indicator
EA 2 $_______ $________

23. Complete New 8” Model 90-01 150lb
Flanged/Epoxy Coated, Stainless Steel
Trim, Complete Stainless Steel Pilot
System, Opening & Closing Speed
Controls, Up Stream & Downstream
Pressure Gauges, X101 Valve Position
Indicator
EA 2 $_______ $________

24. Complete New 10” Model 90-01 150lb
Flanged/Epoxy Coated, Stainless Steel
Trim, Complete Stainless Steel Pilot
System, Opening & Closing Speed
Controls, Up Stream & Downstream
Pressure Gauges, X101 Valve Position
Indicator
EA 2 $_______ $________

25. Complete New 12” Model 90-01 150lb
Flanged/Epoxy Coated, Stainless Steel
Trim, Complete Stainless Steel Pilot
System, Opening & Closing Speed
Controls, Up Stream & Downstream
Pressure Gauges, X101 Valve Position
Indicator
EA 2 $_______ $________

26. Complete New 14” Model 90-01 150lb
Flanged/Epoxy Coated, Stainless Steel
Trim, Complete Stainless Steel Pilot
System, Opening & Closing Speed
Controls, Up Stream & Downstream
Pressure Gauges, X101 Valve Position
Indicator
EA 2 $_______ $________

27. Complete New 16” Model 90-01 150lb
Flanged/Epoxy Coated, Stainless Steel
Trim, Complete Stainless Steel Pilot
System, Opening & Closing Speed
Controls, Up Stream & Downstream
Pressure Gauges, X101 Valve Position
Indicator
EA 2 $_______ $________

City Council 21 – 25 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 23 ends

Model 100-01

28. Repair 8” Pressure Control Valve Rubber
Rebuilds for Main Valve and Pilot EA 2 $_______ $________

29. Repair 10” Pressure Control Valve Rubber
Rebuilds for Main Valve and Pilot EA 2 $_______ $________

30. Repair 12” Pressure Control Valve Rubber
Rebuilds for Main Valve and Pilot EA 2 $_______ $________

31. Repair 14” Pressure Control Valve Rubber
Rebuilds for Main Valve and Pilot EA 2 $_______ $________

32. Repair 16” Pressure Control Valve Rubber
Rebuilds for Main Valve and Pilot EA 2 $_______ $________

33. Complete New 8” Model 100-01 150lb
Flanged/Epoxy Coated, Stainless Steel
Trim, Complete Stainless Steel Pilot
System, Opening & Closing Speed
Controls, Up Stream & Downstream
Pressure Gauges, X101 Valve Position
Indicator
EA 2 $_______ $________

34. Complete New 10” Model 100-01 150lb
Flanged/Epoxy Coated, Stainless Steel
Trim, Complete Stainless Steel Pilot
System, Opening & Closing Speed
Controls, Up Stream & Downstream
Pressure Gauges, X101 Valve Position
Indicator
EA 2 $_______ $________

35. Complete New 12” Model 100-01 150lb
Flanged/Epoxy Coated, Stainless Steel
Trim, Complete Stainless Steel Pilot
System, Opening & Closing Speed
Controls, Up Stream & Downstream
Pressure Gauges, X101 Valve Position
Indicator
EA 2 $_______ $________

36. Complete New 14” Model 100-01 150lb
Flanged/Epoxy Coated, Stainless Steel
Trim, Complete Stainless Steel Pilot
System, Opening & Closing Speed
Controls, Up Stream & Downstream
Pressure Gauges, X101 Valve Position
Indicator
EA 2 $_______ $________

37. Complete New 16” Model 100-01 150lb
Flanged/Epoxy Coated, Stainless Steel
Trim, Complete Stainless Steel Pilot
System, Opening & Closing Speed
Controls, Up Stream & Downstream
Pressure Gauges, X101 Valve Position
Indicator
EA 2 $_______ $________
City Council 21 – 26 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 24 ends

38. Discount off list price on unforeseen
replacement parts % N/A ________%
Total $________

City Council 21 – 27 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 25 ends

Contractor shall submit additional labor, material and equipment rates along with schedule. Contractor’s labor and equipment rate sheet shall list rates for all labor designations, equipment and materials.

BIDDER INFORMATION:

Legal Company Name: ______________________________________________________ Complete address: _________________________________________________________ Phone Number: ___________________________________________________________ Email Address: ____________________________________________________________

Authorized Signature: _______________________________________________________ Name: _________________________________________________________________ Title:___________________________________________________________________ City Council 21 – 28 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 26 ends

APPENDIX
ATTACHMENT 3: PROPOSER’S REFERENCES
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: ______________________________

________________________________ Facsimile Number: ____________________________ Contract Amount: __________________________ Year: ______________________________________ Description of supplies, equipment, or services provided:

Reference
Customer Name:___________________________ Contact Individual: ____________________________ Address: _________________________________ Phone Number: ______________________________

________________________________ Facsimile Number: ____________________________ Contract Amount: __________________________ Year: ______________________________________ Description of supplies, equipment, or services provided:

Reference
Customer Name:___________________________ Contact Individual: ____________________________ Address: _________________________________ Phone Number: ______________________________

________________________________ Facsimile Number: ____________________________ Contract Amount: __________________________ Year: ______________________________________ Description of supplies, equipment, or services provided:

City Council 21 – 29 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 27 ends

Reference
Customer Name:___________________________ Contact Individual: ____________________________ Address: _________________________________ Phone Number: ______________________________

________________________________ Facsimile Number: ____________________________ 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.

City Council 21 – 30 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 28 ends

Appendix
ATTACHMENT 4: STANDARD AGREEMENT (SAMPLE)
City Council 21 – 31 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 29 ends

CONSULTANT AGREEMENT (SAMPLE)

CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this ______ day of _____________, 2021 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 electrical repair and rehabilitation services.

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

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

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

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

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended under this Agreement shall not exceed $XXX,XXX during the term of this Agreement, including any extension periods exercised under Section 3.
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 and Scope of Work, which may reasonably be expected by City.

City Council 21 – 32 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 30 ends

3. TERM
This Agreement shall commence on the date first written above for a number (3) year-term with the option for the City to grant up to a one (2)-year renewal, 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 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.

City Council 21 – 33 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 31 ends

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 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.

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

City Council 21 – 34 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 32 ends

(iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.
(v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. (iii) Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv) Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

City Council 21 – 35 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 33 ends

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

8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subcontractors, agents, employees, or other City Council 21 – 36 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 34 ends

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 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 City Council 21 – 37 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 35 ends

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-21)
P.O. Box 1988
Santa Ana, CA 92702

To Consultant:

Consultant’s Firm Name
Address
City State, Zip Code
Attn: _______________
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 City Council 21 – 38 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 36 ends

these timeframes, weekends, federal, state, County or City holidays shall be excluded.

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

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

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

17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.

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

City Council 21 – 39 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 37 ends

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

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

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

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

21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is 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 follow on next page

City Council 21 – 40 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 38 ends

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

ATTEST: CITY OF SANTA ANA
________________________ _________________________

Clerk of the Council Acting City Manager

APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO
City Attorney
By: _____________________ ____________________________
Name:

Senior Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL
____________________________
Nabil Saba, P.E.

Executive Director
Public Works Agency

City Council 21 – 41 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 39 ends

APPENDIX
ATTACHMENT 5: CERTIFICATIONS
City Council 21 – 42 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 40 ends

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

Note: The above Non-collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution.

Signed
State of California
County of __________
Subscribed and sworn to (or affirmed) before me on this _____ day of _______, 20__, by _______________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me

Notary Public Signature Notary Public Seal
City Council 21 – 43 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 41 ends

NON-LOBBYING CERTIFICATION
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:

City Council 21 – 44 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 42 ends

NON-DISCRIMINATION CERTIFICATION
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

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

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

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

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

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

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

City Council 21 – 45 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 43 ends

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

City Council 21 – 46 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

Page 44 ends

***END OF RFP 24-050**
City Council 21 – 47 8/6/2024
Appendix A
Main Valve Type Model Size (inch) Function Stock No. Catalog No.

Hytrol 50-01 12 Pressure Relief 50-01-11720H 50-01BP
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 1/2 20-200 Pressure Sustaining 79222-02C CRL
Main Valve Type Model Size (inch) Function Stock No. Catalog No.

Hytrol 100-20 10 Pressure Relief 27510877H 131-EJBCEPSY Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 1/2 20-200 Pressure Sustaining 79222-02C CRL
Main Valve Type Model Size (inch) Function Stock No. Catalog No.

Hytrol 8 Pressure Relief 50-04-35R 8-50-04B
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 1/2 20-200 Pressure Sustaining 79222-020 CRL
Main Valve Type Model Size (inch) Function Stock No. Catalog No.

Globe 10-100G 10 Pressure Relief 50-04-36F 10-50-04B
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 1/2 20-200 Pressure Sustaining 79222-020 CRL
Main Valve Type Model Size (inch) Function Stock No. Catalog No.

Hytrol 100G 8 Pressure Relief 50-04-35H 8-50-04B
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 1/2 20-200 Pressure Sustaining 79222-0C2 CRL
Main Valve Type Model Size (inch) Function Stock No. Catalog No.

Globe 100G 12 Pressure Relief 50-04-35D 12-50-04B
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 1/2 20-200 Pressure Sustaining 79222-020 CRL
Main Valve Type Model Size (inch) Function Stock No. Catalog No.

Globe 100G 10 Pressure Relief 50-04-36F 10-50-04B
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 1/2 20-200 Pressure Sustaining 79222-02 CRL
Main Valve Type Model Size (inch) Function Stock No. Catalog No.

Hytrol 100G 8 Pressure Relief 50-04-35H 8-50-04B
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 1/2 20-200 Pressure Sustaining 79222-020 CRL
Main Unit
Pilot One
West Valve
PRV - 2
North Valve
Main Unit
Pilot One
PRV - 3
South Valve
Main Unit
Pilot One
East Valve
Main Unit
Pilot One
North Valve
Main Unit
Pilot One
South Valve
Main Unit
Pilot One
Pressure Regulating Vaults & MWD SA Connections
501 3/4 West Memory Lane, Santa Ana CA 92706
309 3/4 E 17th St, Santa Ana CA 92706
1345 3/4 N Grand Ave, Santa Ana CA 92701
1668 E 4th St, Santa Ana CA 92701
West Valve
Main Unit
Pilot One
PRV - 4
North Valve
Main Unit
Pilot One
PRV - 1
City Council Page 1 21 – 48 8/6/2024
Appendix A
Main Valve Type Model Size (inch) Function Stock No. Catalog No.

Globe 12 Bypass TV3564 12-90
Size (inch) Spring Rate (psi) Function Stock No. Catalog No.

Pressure Sustaining
Main Valve Type Model Size (inch) Function Stock No. Catalog No.

Globe 16 Pressure Reducing 90-01-1747F 16-90-01AB
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 3/8 30-300 Pressure Reducing 71943-04H CRD
Main Valve Type Model Size (inch) Function Stock No. Catalog No.

Globe 12 TV 8564 96
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 1/2 Pressure Sustaining
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 1/2 Flow Control
Main Valve Type Model Size (inch) Function Stock No. Catalog No.

Globe 10 30721 10-91
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 1/2 7683002F CDNS11A
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 1/2 Motor Operator CRA
Main Valve Type Model Size (inch) Function Stock No. Catalog No.

Globe 10 TV 356-2 12-90
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 30-300 829130H CRD10A
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 3/8 34857 CDHS2
SA - 3
Bypass
Pilot Two
SA - 4
Bypass
Main Unit
Pilot One
Pilot Two
Pilot One
1206 3/4 W. Warner Ave. Santa Ana, CA 92707
Main Unit
Pilot One
Bypass
Pilot One
Pressure
Reducing
Main Unit
Pilot One
SA - 2
Pilot Two
Bypass
Main Unit
SA - 1
Main Unit
1300 W McFadden, Santa Ana, CA 92704
2315 N Bristol S, Santa Ana, CA 92706
SE Corner Bristol St & First St, Santa Ana CA 92701
City Council Page 2 21 – 49 8/6/2024
Appendix A
Main Valve Type Model Size (inch) Function Stock No. Catalog No.

Bailey 16
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 3/8 30-300 Pressure Sustaining 829130H CRD10A
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 3/8 Flow Control 7683002F CDHS11A
Main Valve Type Model Size (inch) Function Stock No. Catalog No.

Globe 100G 10 2331601B 6-49-01ABDKCE
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 3/8 30-300 Pressure Sustaining 7974404B CRA
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 3/8 Flow Control 7683002F CDHS11A
Main Valve Type Model Size (inch) Function Stock No. Catalog No.

Hytrol 100G 6 23315001D 6-49-01ABDKCE
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 3/8 30-300 Pressure Sustaining 7974404B CRA
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 3/8 Flow Control 7683002F CDHS11A
Main Valve Type Model Size (inch) Function Stock No. Catalog No.

Hytrol 100G 8 Relief Pressure 50-01-101D 8-50-01B
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 1/2 20-200 Pressure Relief 79222-02C CRL
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 3/8 Flow Control 7683002F CDHS11A
Main Valve Type Model Size (inch) Function Stock No. Catalog No. 5 10 2331601B 8-49-01ABDKCE
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 3/8 1683021 CDNS11A
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 3/8 30-300 7974404B CRA
Main Valve Type Model Size (inch) Function Stock No. Catalog No. 10 2331701K 6-49-01ABDKCE
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 3/8 7683002F CDNS11A
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 3/8 30-300 7974404B CRA
Main Valve Type Model Size (inch) Function Stock No. Catalog No. 5 8 50-01-101D 8-50-01B
Size (inch) Spring Rate (psi) Function Stock No. Catalog No. 1/2 20-200 Pressuer Relief 79222-02C CRL
Main Unit
Pilot One
Relief Valve
Main Unit
Pilot One
Pilot Two
Main Unit
Valve One
Middle Valve Pilot One
Pilot Two
Pressure Relief
Main Unit
Pilot One
Pilot Two
SA - 7
Pilot Two
South Valve
Main Unit
Pilot One
Pilot Two
Middle Valve
Main Unit
Pilot One
Pilot Two
2215 Ritchey St., Santa Ana CA 92705
SA - 6
North Valve
Main Unit
Pilot One
2301 N Tustin Ave, Santa Ana, CA 92705
City Council Page 3 21 – 50 8/6/2024
Cla-Val_Appendix A
Main Valve Type Model Size (inch) Function Stock No. Catalog No.

Hytrol 100-01 8 Pressure Relief 100-01-4768F 100-01
Size Spring Rate Function Stock No. Catalog No.
1/2 20-200 psi Pressure Relief 79222-02C CRL
Main Valve Type Model Size Function Stock No. Catalog No.

Globe 52-03 10 in Pressure Relief 73064-06 50K
Size (inch) Spring Rate Function Stock No. Catalog No.
1/2 Pressure Relief
Main Valve Type Model Size Function Stock No. Catalog No.

Hytrol 131- 14 in 72862-06 206-3A-IARC
Size (inch) Spring Rate Function Stock No. Catalog No.
3/8 30-130 psi C9320 CRA
Main Valve Type Model Size Function Stock No. Catalog No.

Globe 12 in Bypass 210-13-37C 12-210-13BH
Size (inch) Spring Rate Function Stock No. Catalog No.
1/2 20-200 psi Pressure Sustaining 79222-02C CRL
Size (inch) Spring Rate Function Stock No. Catalog No.
5-40 psi Level Control 1043801J CDS5
Main Valve Type Model Size Function Stock No. Catalog No.

Globe 12 in Pressure Relief 50-01-1196 12 50 01 B
Size (inch) Spring Rate Function Stock No. Catalog No.
1/2 20-200 psi Pressure Relief 79222-02C CRL
Main Valve Type Model Size Function Stock No. Catalog No.

Hytrol 100G 8 in Bypass 58-01-272E 8-58-01B
Size (inch) Spring Rate Function Stock No. Catalog No.
1/2 20-200 psi Pressure Relief 79222-02C CRL
2401 N Bristol St, Santa Ana, CA 92706
Pressure Relief
Main Unit
Pilot One
Bypass
Main Unit
Pilot One
Crooke Station
730 E Memory Ln, Santa Ana, CA 92706
Pressure Relief
Main Unit
Pilot One
Altitude
Main Unit
Main Unit
Pilot One
Pump Stations and Reservoirs
2736 N Cambridge St. Santa Ana, CA 90701
1730 S. Santa Fe, Santa Ana, CA 92705
Main Unit
Pilot One
Bypass
Cambridge Station
Pilot Two
Bypass
Pilot One
East Station
Garthe Station
City Council Page 1 21 – 51 8/6/2024
Cla-Val_Appendix A
Main Valve Type Model Size Function Stock No. Catalog No.

Globe 14 in Bypass 62199 206-3A-1RX
Size (inch) Spring Rate Function Stock No. Catalog No.
3/4 65-180 psi Pressure Sustaining C9294 CRL5
Size (inch) Spring Rate Function Stock No. Catalog No.
3/8 30-130 psi C9320 CRA
Main Valve Type Model Size Function Stock No. Catalog No. 14 in Bypass 62199 206-3A-1RX
Size (inch) Spring Rate Function Stock No. Catalog No.
3/4 65-180 psi Pressure Sustaining C9294 CRL5
Size (inch) Spring Rate Function Stock No. Catalog No.
3/8 30-130 psi C9320 CRA
Main Valve Type Model Size Function Stock No. Catalog No.

Globe 10 in Pressure Relief 45558 10-6-50-KS
Size (inch) Spring Rate Function Stock No. Catalog No.
3/4 65-180 psi Pressure Relief C9294 CRL5
Main Valve Type Model Size Function Stock No. Catalog No.

Globe 8 in Bypass C-8028 8-100
Size (inch) Spring Rate Control Settings Function Stock No. Catalog No. 1/2 20-200 psi 73 psi Pressure Relief 79222-02 CRL
Main Valve Type Model Size Function Stock No. Catalog No.

Globe 52-03 10 in Pressure Relief 73064-06 50K
Size (inch) Spring Rate Function Stock No. Catalog No.
1/2 Pressure Relief
Main Valve Type Model Size Function Stock No. Catalog No.

Hytrol 131-XX 16 in 72862-06 206-3A-IARC
Size (inch) Spring Rate Function Stock No. Catalog No.
3/8 30-130 psi C9320 CRA
Main Valve Type Model Size Function Stock No. Catalog No.

Globe 210-01 16 in Pressure Relief 73064-06 50K
Size (inch) Spring Rate Function Stock No. Catalog No.
1/2 Pressure Relief
Pilot One
Main Unit
Pilot One South Bypass
(Out of Service)
Pilot Two
Pressure Relief
Main Unit
Pilot One
North Bypass
Main Unit
Pilot One
Pilot Two
South Station
Elevated Tank
Altitude
Main Unit
Pilot One
West Station
Pressure Relief
Main Unit
Pilot One
Altitude
Main Unit
Pilot One
Walnut Station
Bypass
Main Unit
201 S. Mountain View, Santa Ana, CA 92704
14th St. & Poinsetta St, Santa Ana, CA 92701
1727 W Alton Ave, Santa Ana, CA 92705
723 W Walnut St, Santa Ana, CA 92701
City Council Page 2 21 – 52 8/6/2024
Cla-Val_Appendix A
Main Valve Type Model Size Function Stock No. Catalog No.

Globe 6 in Blow Off TV - 4940
Size (inch) Spring Rate Function Stock No. Catalog No.
1/2 50-150 psi Pressure Relief C9288 CRL
Main Valve Type Model Size Function Stock No. Catalog No.

Angle 2100G 8 in Blow Off 50-01-1414C 8-50-018
Size (inch) Spring Rate Function Stock No. Catalog No.
1/2 20-200 psi Pressure Relief 79222-02C CRL
Main Valve Type Model Size Function Stock No. Catalog No.

Angle 2100G 8 in Blow Off 50-01-1414C 8-50-018
Size (inch) Spring Rate Function Stock No. Catalog No.
1/2 20-200 psi Pressure Relief 79222-02C CRL
Main Valve Type Model Size Function Stock No. Catalog No.

Angle 8 Blow Off 136-03-2828B 136-03BMPVY
Size (inch) Spring Rate Function Stock No. Catalog No.
1/2 20-200 psi Pressure Relief 79222-02C CRL
Main Valve Type Model Size Function Stock No. Catalog No.

Deep Well Pump
Control
10" Blowoff 61-02-452F 61-02
Main Valve Type Model Size Function Stock No. Catalog No.

X102 Flow Limiter 10" 52-03-982A 52-03
Size (inch) Spring Rate Function Stock No. Catalog No.
1/2" 20-200 psi Pressure Relief
Size (inch) Spring Rate Function Stock No. Catalog No.
3/8" 30-300 psi Pressure Relief
Main Valve Type Model Size Function Stock No. Catalog No.

Hytrol 50-01 4" Blowoff 50-01-10916C 50-01BP
Main Valve Type Model Size Function Stock No. Catalog No.

Hytrol 50-01 4" Blowoff 50-01-10916C 50-01BP
Main Valve Type Model Size Function Stock No. Catalog No.

Hytrol 50-01 4" Blowoff 50-01-10916C 50-01BP
Main Valve Type Model Size Function Stock No. Catalog No.

Hytrol 50-01 4" Blowoff 50-01-10916C 50-01BP
Main Valve Type Model Size Function Stock No. Catalog No.

Deep Well Pump
Control
8" Blow Off 61-02
Main Valve Type Model Size Function Stock No. Catalog No.

X102 Flow Limiter 8" Surage Anticipator 840A 52-03
Size (inch) Spring Rate Function Stock No. Catalog No.
1/2 20-200 psi Pressure Relief
Size (inch) Spring Rate Function Stock No. Catalog No.
3/8" 30-300 psi Pressure Relief
Main Unit
Main Unit
Pilot One
Well 40
Main Unit
Blow Off
Main Unit
Pilot One
Well 38 (Pending Construction)
Blow Off
Main Unit
Pilot One
Blow Off
1753 E. Fruit St, Santa Ana, CA 92701
Well 40 PFAS Train 2
Surage
Anticipator
Main Unit
Pilot One
Pilot Two
730 E Memory Ln, Santa Ana, CA 92706
1718 N Sydney Pl, Santa Ana CA 92706
2007 W McFadden, Santa Ana CA 92704
2736 N Cambridge St, Santa Ana, CA 90701
Well 37
Well 28
Blow Off
Main Unit
Pilot One
Well 35
Blow Off
Blow Off
907 3/4 N. Flower St, Santa Ana, CA 92703
System Wells
Well 41
Blow Off Main Unit
Main Unit
Pilot Two
Surage
Anticipator
Main Unit
Main Unit
Pilot One
Well 40 PFAS Train 1
Blow Off Main Unit
Blow Off
Blow Off
City Council 21 – 53 8/6/2024
Cla-Val_Appendix A
Main Valve Type Model Size Function Stock No. Catalog No.

Angle 2100G 8 in Blow Off 50-01-14140 50-01B
Size (inch) Spring Rate Function Stock No. Catalog No.
1/2 20-200 psi Pressure Relief 79222-02C CRL
Main Valve Type Model Size Function Stock No. Catalog No.

Deep Well Pump
Control
8" Blow Off 61-02
Size (inch) Spring Rate Function Stock No. Catalog No.
1/2 20-200 psi Pressure Relief 79222-02C CRL
Main Valve Type Model Size Function Stock No. Catalog No.

Angle 6 in Blow Off 50-01-480B 6-50-01B
Size (inch) Spring Rate Function Stock No. Catalog No.
1/2 20-200 psi Pressure Relief 79222-02C CRL
Well 34
Blow Off
Main Unit
Pilot One
Blow Off
1727 W Alton Ave, Santa Ana, CA 92705
Pilot One
907 3/4 N. Flower St, Santa Ana, CA 92703
Well 27
Main Unit
2736 N Cambridge St, Santa Ana, CA 90701
Reservoir Wells
Well 24
Blow Off
Main Unit
Pilot One
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AGREEMENT TO PROVIDE FLOW CONTROL VALVE MAINTENANCE,

REHABILITATION, AND REPLACEMENT SERVICES
THIS AGREEMENT is made and entered into on this 6
th day of August 2024 by and
between Griswold Industries dba Cla-Val (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On April 11, 2024, the City issued Request for Proposal No. 24-050, by which it sought a contractor to provide preventative maintenance, rehabilitation, and replacement services for the City’s water pressure reducing and pressure sustaining valves.

B. Contractor submitted a proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-050.

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 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 Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $1,250,000. 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 an initial three-year EXHIBIT 2
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term and terminate on August 5, 2027, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for a single, two-year extension upon a writing executed by the City Manager and City Attorney.

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

5. 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.

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 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.

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

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & 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: ISO Form Number CA 00 01 covering any auto (Code 1) with a limit 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 for bodily injury or disease.

4. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions

1. Additional Insured Status: The City, its City Council, its officers, officials, employees, and volunteers are to be covered as additional insureds on the Contractor’s CGL, Professional Liability, and Automobile Liability policies, with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.

2. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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

4. Severability of Interest: 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. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, 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 nonpayment of premium.

6. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require 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.

7. 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.

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

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

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

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

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

8. 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.

9. 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.

10. 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 City Council 21 – 59 8/6/2024

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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.

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

12. 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.

13. 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.

14. 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 City Council 21 – 60 8/6/2024

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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.

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

16. 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.

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

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

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19. 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.

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

To City:

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, Water Resources
Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
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, Griswold Industries
Attn: David Koeblitz, CFO and
John Link, EVP
1701 Placentia Avenue
Costa Mesa, CA 92627
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communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Contractor is providing services not contemplated by this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signature page follows]
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City Council 21 – 64 8/6/2024

EXHIBIT A

SCOPE OF SERVICES
City Council 21 – 65 8/6/2024

CITY OF SANTA ANA
RFP NO.: 24-050

FLOW CONTROL VALVE MAINTENANCE PROGRAM
City of Santa Ana RFP 24-050
Flow Control Valve Maintenance and Rehabilitation Services

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