Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
Axon immediately if an unauthorized third party may be using Agency’s account or Agency Content or if account information is lost or stolen.
7 Privacy. Your use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy.
Agency agrees to allow Axon access to Non-Content Data from Agency to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products.
8 Storage. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access.
9 Location of Data Storage. Axon may transfer Agency Content to third party subcontractors for storage. Axon will determine the locations of data centers where Agency Content will be stored.
Axon will ensure all Agency Content stored in Axon Evidence remains within the country the Agency is located. Ownership of Agency Content remains with Agency. 10 Suspension. Axon may suspend Agency access or any end-user’s right to access or use any portion or of Axon Evidence immediately upon notice, if:
10.1. The Termination provisions of the TASER 7 or TASER 10 Terms and Conditions apply;
10.2. Agency or an end-user’s use of or registration for Axon Evidence (i) poses a security risk to Axon Evidence or any third party, (ii) may adversely impact Axon Evidence or the systems or content of any other customer, (iii) may subject Axon, Axon’s affiliates, or any third party to liability, or (iv) may be fraudulent;
Agency remains responsible for all fees incurred through the date of suspension without any credits for any period of suspension. Axon will not delete any of Agency Content on Axon Evidence due to suspension, except as specified elsewhere in this Agreement. 11 Axon Evidence Warranty. Axon warrants that Axon Evidence will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. Axon disclaims any warranties or responsibility for data corruption or errors before the data is uploaded to Axon Evidence.
12 Axon Evidence Restrictions. All Axon Evidence subscriptions will immediately terminate if Agency does not comply with any term of this Agreement. Agency and Agency end-users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:
12.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Evidence;
12.2. reverse engineer, disassemble, or decompile Axon Evidence or apply any other process to derive any source code included in Axon Evidence, or allow any others to do the same;
12.3. access or use Axon Evidence with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;
12.4. use trade secret information contained in Axon Evidence, except as expressly permitted in this Agreement;
12.5. access Axon Evidence to build a competitive product or service or copy any features, functions, or graphics of Axon Evidence;
12.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Evidence; or
12.7. use Axon Evidence to store or transmit infringing, libelous, or otherwise unlawful or tortious material, to store or transmit material in violation of third-party privacy rights, or to store or
City Council 17 – 16 10/1/2024
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department: Legal
Version: 1.0
Release Date: 3/2/2023
Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
transmit malicious code.
13 After Termination. Axon will not delete Agency Content for 90 days following termination. During these 90 days, Agency may retrieve Agency Content only if all amounts due have been paid. There will be no application functionality of Axon Evidence during these 90 days other than the ability to retrieve Agency Content. Agency will not incur any additional fees if Agency Content is downloaded from Axon Evidence during these 90 days. Axon has no obligation to maintain or provide any Agency Content after these 90 days and will thereafter, unless legally prohibited delete all of Agency Content stored in Axon Evidence. Upon request, Axon will provide written proof that all Agency Content has been successfully deleted and fully removed from Axon Evidence. 14 Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon’s Data Egress Services, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.
15 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Evidence on behalf of U.S. Federal department, Axon Evidence is provided as a “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “technical data,” as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Evidence on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Agency will immediately discontinue the use of Axon Evidence.
16 Survival. Upon any termination of this Agreement, the following sections will survive: Agency Owns Agency Content, Storage, Axon Evidence Warranty, and Axon Evidence Restrictions.
City Council 17 – 17 10/1/2024
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department: Legal
Version: 1.0
Release Date: 3/2/2023
Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
Axon Customer Experience Improvement Program Appendix
1 Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Agency Content from all of its customers, to provide, develop, improve, and support current and future Axon products (collectively, “ACEIP Purposes”). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Agency will be a participant in ACEIP Tier 1. If Agency does not want to participate in ACEIP Tier 1, Agency can revoke its consent at any time. If Agency wants to participate in Tier 2, as detailed below, Agency can check the ACEIP Tier 2 box below. If Agency does not want to participate in ACEIP Tier 2, Agency should leave box unchecked. At any time, Agency may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.
1.1 ACEIP Tier 1.
1.1.1. When Axon uses Agency Content for the ACEIP Purposes, Axon will extract from Agency Content and may store separately copies of certain segments or elements of the Agency Content (collectively, “ACEIP Content”). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Agency Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual (“Privacy Preserving Technique(s)”). For illustrative purposes, some examples are described in footnote 11. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Agency from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Agency request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Agency may revoke the consent granted herein to Axon to access and use Agency Content for ACEIP Purposes. Within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency. In addition, if Axon uses Agency Content for the ACEIP Purposes, upon request, Axon will make available to Agency a list of the specific type of Agency Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices 1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed.
City Council 17 – 18 10/1/2024
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department: Legal
Version: 1.0
Release Date: 3/2/2023
Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
applicable to the Agency Content or ACEIP Content (“Use Case”). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Agency notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Agency with a mechanism to obtain notice of that update or another commercially reasonable method to Agency designated contact) (“New Use Case”).
1.1.2. Expiration of ACEIP Tier 1. Agency consent granted herein, will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency.
1.2 ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon’s services, Agency may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2, grants Axon certain additional rights to use Agency Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed or de-identified data.
☐ Check this box if Agency wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. By checking this box, Agency hereby agrees to the Axon Customer Experience Improvement Program Tier 2 Terms of Service, available at https://www.axon.com/sales-terms-and-conditions and incorporated herein by reference.
City Council 17 – 19 10/1/2024
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department: Legal
Version: 1.0
Release Date: 3/2/2023
Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
TASER 10 Appendix
This TASER 10 Appendix applies to Agency’s TASER 10, OSP 10, OSP Plus, or OSP 10 Plus Premium purchase from Axon, if applicable.
1. Duty Cartridge Replenishment Plan. If the Quote includes “Duty Cartridge Replenishment Plan”, Agency must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the line of duty.
2. Training. If the Quote includes a training voucher, Agency must use the voucher within 1 year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service.
Unless stated in the Quote, the voucher does not include travel expenses and will be Agency’s responsibility.
If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, “Training Content”), Agency may access Training Content. Axon will deliver all Training Content electronically.
3. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a 5-year term, which includes the hardware manufacturer’s warranty plus the 4-year extended term.
4. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount (“Trade-In Units”) to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade-in credit. Agency may not destroy Trade-In Units and receive a trade-in credit.
Agency Size Days to Return from Start Date of TASER 10 Subscription Less than 100 officers 60 days
100 to 499 officers 90 days
500+ officers 180 days
5. TASER 10 Subscription Term. The TASER 10 Subscription Term for a standalone TASER 10 purchase begins on shipment of the TASER 10 hardware. The TASER 10 Subscription Term for OSP 10 begins on the OSP 10 Start date.
6. Access Rights. Upon Axon granting Agency a TASER 10 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 10 CEW devices during the TASER 10 Subscription Term. Agency may not exceed the number of end users than the Quote specifies.
7. Agency Warranty. Agency warrants and acknowledges that TASER 10 is classified as a firearm and is being acquired for official Agency use pursuant to a law enforcement agency transfer under the Gun Control Act of 1968.
8. Purchase Order. To comply with applicable laws and regulations, Customer must provide a purchase order to Axon prior to shipment of TASER 10.
City Council 17 – 20 10/1/2024
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement Department: Legal
Version: 1.0
Release Date: 3/2/2023
Axon Enterprise, Inc.’s TASER
Energy Weapon Agreement
City Council 17 – 21 10/1/2024
Axon Enterprise, Inc.17800 N 85th St.Scottsdale, Arizona 85255 United StatesVAT: 86-0741227Domestic: (800) 978-2737International: +1.800.978.2737
EXHIBIT B
Q-588270-45533.620MT
Account Number: 105857
Payment Terms: N30
Delivery Method:
Quote Summary Discount Summary
Quote Expiration: 12/01/2024
Estimated Contract Start Date: 01/01/2025
Issued: 08/29/2024
SHIP TO BILL TOSanta Ana Police Dept - CA60 CIVIC CENTER PLZSANTA ANA,CA92701-4060USA Santa Ana Police Dept - CA20 Civic Center PlzSanta AnaCA92701-4058 USAEmail:
SALES REPRESENTATIVE PRIMARY CONTACT
Brian Black Oscar Lizardi
Phone: 6024991427 Phone: (714) 245-8041
Email: [email protected] Email: [email protected]
Fax: Fax: (714) 245-8606
Program Length 60 MonthsTOTAL COST $1,823,261.97ESTIMATED TOTAL W/ TAX $1,963,569.00 Average Savings Per Year $84,929.01TOTAL SAVINGS $424,645.03
City Council 17 – 22 10/1/2024
Payment Summary
Date Subtotal Tax Total Dec 2024 ($1,722.00) $0.00 ($1,722.00) Jan 2025 $336,941.53 $25,904.48 $362,846.01 Jan 2026 $350,419.18 $26,940.66 $377,359.84 Jan 2027 $364,435.95 $28,018.31 $392,454.26 Jan 2028 $379,013.39 $29,139.04 $408,152.43 Jan 2029 $394,173.92 $30,304.54 $424,478.46 Total $1,823,261.97 $140,307.03 $1,963,569.00
City Council 17 – 23 10/1/2024
Quote Unbundled Price: $2,247,907.00
Quote List Price: $1,956,547.00
Quote Subtotal: $1,823,261.97
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date BUNDLE - TASER 10 CERTIFICATION 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 400 2 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 13 2 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 400 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 13 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 16 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100395 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE 18 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100396 AXON TASER 10 - MAGAZINE - INERT RED 30 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100399 AXON TASER 10 - CARTRIDGE - LIVE 8000 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 2400 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100401 AXON TASER 10 - CARTRIDGE - INERT 300 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 400 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100623 AXON TASER - TRAINING - ENHANCED HALT SUIT V2 4 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 20018 AXON TASER - BATTERY PACK - TACTICAL 400 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 20018 AXON TASER - BATTERY PACK - TACTICAL 68 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 20018 AXON TASER - BATTERY PACK - TACTICAL 13 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 4 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 4 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 74200 AXON TASER - DOCK - SIX BAY PLUS CORE 4 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 80087 AXON TASER - TARGET - CONDUCTIVE PROFESSIONAL RUGGEDIZED 6 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5 IN X 75 IN 6 1 12/01/2024 BUNDLE - TASER 10 CERTIFICATION 100399 AXON TASER 10 - CARTRIDGE - LIVE 1200 1 12/01/2025 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 3200 1 12/01/2025 BUNDLE - TASER 10 CERTIFICATION 100399 AXON TASER 10 - CARTRIDGE - LIVE 1200 1 12/01/2026 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 3200 1 12/01/2026 BUNDLE - TASER 10 CERTIFICATION 100399 AXON TASER 10 - CARTRIDGE - LIVE 1200 1 12/01/2027 Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 $1.00 ($1,722.00) ($1,722.00) $0.00 ($1,722.00) C00010 BUNDLE - TASER 10 CERTIFICATION 400 60 $93.38 $81.24 $75.83 $1,819,920.00 $140,307.03 $1,960,227.03 A la Carte Services 85149 AXON TASER - 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $6,786.00 $5,063.97 $5,063.97 $0.00 $5,063.97 Total $1,823,261.97 $140,307.03 $1,963,569.00
City Council 17 – 24 10/1/2024
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 3200 1 12/01/2027 BUNDLE - TASER 10 CERTIFICATION 100399 AXON TASER 10 - CARTRIDGE - LIVE 1200 1 12/01/2028 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 3200 1 12/01/2028 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - TASER 10 CERTIFICATION 101180 AXON TASER - DATA SCIENCE PROGRAM 400 01/01/2025 12/31/2029 BUNDLE - TASER 10 CERTIFICATION 20248 AXON TASER - EVIDENCE.COM LICENSE 400 01/01/2025 12/31/2029 BUNDLE - TASER 10 CERTIFICATION 20248 AXON TASER - EVIDENCE.COM LICENSE 2 01/01/2025 12/31/2029 Services
Bundle Item Description QTY BUNDLE - TASER 10 CERTIFICATION 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 400 BUNDLE - TASER 10 CERTIFICATION 101193 AXON TASER - ON DEMAND CERTIFICATION 1 A la Carte 85149 AXON TASER - 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - TASER 10 CERTIFICATION 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 400 12/01/2025 12/31/2029 BUNDLE - TASER 10 CERTIFICATION 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 13 12/01/2025 12/31/2029 BUNDLE - TASER 10 CERTIFICATION 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 400 12/01/2025 12/31/2029 BUNDLE - TASER 10 CERTIFICATION 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 13 12/01/2025 12/31/2029 BUNDLE - TASER 10 CERTIFICATION 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 68 12/01/2025 12/31/2029 BUNDLE - TASER 10 CERTIFICATION 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 4 12/01/2025 12/31/2029
City Council 17 – 25 10/1/2024
Shipping Locations
Location Number Street City State Zip Country
1 60 CIVIC CENTER PLZ SANTA ANA CA 92701-4060 USA 2 60 CIVIC CENTER PLZ SANTA ANA CA 92701-4060 USA Payment Details
Dec 2024 Invoice Plan Item Description Qty Subtotal Tax Total Invoice Upon Fulfillment 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($1,722.00) $0.00 ($1,722.00) Total ($1,722.00) $0.00 ($1,722.00) Jan 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 85149 AXON TASER - 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $934.95 $0.00 $934.95 Year 1 C00010 BUNDLE - TASER 10 CERTIFICATION 400 $336,006.58 $25,904.48 $361,911.06 Total $336,941.53 $25,904.48 $362,846.01 Jan 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 85149 AXON TASER - 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $972.34 $0.00 $972.34 Year 2 C00010 BUNDLE - TASER 10 CERTIFICATION 400 $349,446.84 $26,940.66 $376,387.50 Total $350,419.18 $26,940.66 $377,359.84 Jan 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 85149 AXON TASER - 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $1,011.24 $0.00 $1,011.24 Year 3 C00010 BUNDLE - TASER 10 CERTIFICATION 400 $363,424.71 $28,018.31 $391,443.02 Total $364,435.95 $28,018.31 $392,454.26 Jan 2028 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 85149 AXON TASER - 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $1,051.69 $0.00 $1,051.69 Year 4 C00010 BUNDLE - TASER 10 CERTIFICATION 400 $377,961.70 $29,139.04 $407,100.74 Total $379,013.39 $29,139.04 $408,152.43 Jan 2029 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 85149 AXON TASER - 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $1,093.75 $0.00 $1,093.75 Year 5 C00010 BUNDLE - TASER 10 CERTIFICATION 400 $393,080.17 $30,304.54 $423,384.71 Total $394,173.92 $30,304.54 $424,478.46
City Council 17 – 26 10/1/2024
Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.
City Council 17 – 27 10/1/2024
Exceptions to Standard Terms and Conditions Agency has existing contract(s) originated via Quote(s): Q-222010 Agency is terminating those contracts effective 1/1/2025. Any change in this date will result in modification of the program value which may result in additional fees or credits due to or from Axon. The parties agree that Axon is applying a Net Transfer Credit of ($1,722) to the quote for paid but undelivered items.
Signature Date Signed
8/29/2024
City Council 17 – 28 10/1/2024
City Council 17 – 29 10/1/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 1, 2024
TOPIC: Police Vehicle Conversion Equipment and Installation Services
AGENDA TITLE
Agreement with Stommel Inc. dba LEHR Auto Electric for Police Vehicle Conversion Equipment and Installation Services (Specification No. 24-105) (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Stommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment and installation services, for a three-year period commencing October 1, 2024 and expiring September 30, 2027, with a provision for one, two-year renewal option, for a total amount, including extension, not to exceed $2,000,000 (Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The Public Works Agency’s (PWA) Parks, Fleet, and Facilities Services Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. Before releasing vehicles to City Departments, Fleet Services ensures City vehicles are outfitted with light bars, sirens, decals, and other equipment as needed.
The Police Department currently uses the Ford Interceptor Utility as the standard patrol vehicle. In this fiscal year 2024-2025, PWA is expecting a total of 18 vehicles to be delivered with an additional 14 vehicles the following fiscal year. PWA staff must outfit each of the vehicles with police-related equipment such as light bars, sirens, weapon racks, security seating, push bumpers, etc. before releasing them to the Police Department. The estimated cost to purchase the necessary equipment for each vehicle ranges from $17,000 to $24,000.
Santa Ana Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency employing a competitive bid process. The County of Orange’s contract with Stommel, Inc. dba LEHR Auto Electric for police vehicle conversion equipment and installation services has been awarded as a result of open, competitive bidding and meets the City’s requirements. Utilizing this contract will ensure immediate City Council 18 – 1 10/1/2024
Police Vehicle Conversion Equipment and Installation Services October 1, 2024
access and availability to the police-related equipment required to outfit these vehicles in a timely manner.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are budgeted and available in the Fleet Services Equipment Replacement account for Fiscal Year 2024-25. Funds will be budgeted in future fiscal years for City Council consideration.
Fiscal
Year
Accounting
Unit
Fund
Description
Accounting Unit,
Account Description Amount
2024-25
(OctoberJune)
07017100-
66400
Fleet
Equipment
Replacement
Fund
Fleet Services
Equipment Replacement,
Machinery and
Equipment
$300,000
2025-26 07017100-
66400
Fleet
Equipment
Replacement
Fund
Fleet Services
Equipment Replacement,
Machinery and
Equipment
$400,000
2026-27 07017100-
66400
Fleet
Equipment
Replacement
Fund
Fleet Services
Equipment Replacement,
Machinery and
Equipment
$400,000
2027-28
(July –
September)
07017100-
66400
Fleet
Equipment
Replacement
Fund
Fleet Services
Equipment Replacement,
Machinery and
Equipment
$100,000
Optional Two 1-Year Extensions
2027-28
(OctoberJune)
07017100-
66400
Fleet
Equipment
Replacement
Fund
Fleet Services
Equipment Replacement,
Machinery and
Equipment
$300,000
2028-29 07017100-
66400
Fleet
Equipment
Replacement
Fund
Fleet Services
Equipment Replacement,
Machinery and
Equipment
$400,000
2029-30
(JulySeptember)
07017100-
66400
Fleet
Equipment
Replacement
Fund
Fleet Services
Equipment Replacement,
Machinery and
Equipment
$100,000
Total $2,000,000
City Council 18 – 2 10/1/2024
Police Vehicle Conversion Equipment and Installation Services October 1, 2024
EXHIBIT(S)
1. Agreement with Stommel, Inc. dba LEHR Auto Electric
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 18 – 3 10/1/2024
AGREEMENT BETWEEN STOMMEL, INC. DBA LEHR AUTO ELECTRIC AND
CITY OF SANTA ANA FOR POLICE VEHICLE CONVERSION & INSTALLATION
SERVICES
THIS AGREEMENT is authorized on this 1
st day of October, 2024, and will commence on October 1, 2024 (as provided in Section 3), by and between Stommel, Inc dba LEHR Auto Electric, (“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 to provide conversion equipment and installation services for vehicles to be used by the Santa Ana Police Department.
The Public Works Department is responsible for maintaining vehicles for the City.
B. Santa Ana Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency employing a competitive bid process. The County of Orange’s contract with Stommel, Inc. dba LEHR Auto Electric, for police vehicles conversion equipment and installation services has been awarded as a result of open, competitive bidding and meets the City’s requirements. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the first three (3)-years of this Agreement is $1,200,000, and $800,000 for the two (2) year extension. The total amount to be expended during the term of this Agreement shall not exceed $2,000,000.
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. City and Consultant agree EXHIBIT 1
City Council 18 – 4 10/1/2024
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City Council 18 – 6 10/1/2024
City Council 18 – 7 10/1/2024
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City Council 18 – 9 10/1/2024
City Council 18 – 10 10/1/2024
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Date: 2024.08.26 11:25:03
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City Council 18 – 12 10/1/2024
City Council 18 – 13 10/1/2024
City Council 18 – 14 10/1/2024
City Council 18 – 15 10/1/2024
City Council 18 – 16 10/1/2024
City Council 18 – 17 10/1/2024
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
October 1, 2024
TOPIC: Climate Action Plan Update Services
AGENDA TITLE
Agreement with Cumming Management Group, Inc. for Climate Action Plan Update Services (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Cumming Management Group, Inc. to prepare a new Climate Action Plan in the base amount of $450,060, with a contingency of $45,006 for a total amount of $495,066, for a three-year term beginning October 1, 2024 and expiring September 30, 2027, with an option for two, one-year extensions (Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The City of Santa Ana Public Works Agency (PWA)’s Administration Division is responsible for the administration of the Climate Action Plan (CAP), including updating the goals and measures that will continue to move the City towards becoming more sustainable for future generations while mitigating our impact on the environment. Many of the strategies and measures have positive long-term benefits for the community such as improved air quality, reduced energy use, reduced traffic congestion, reinvestment in the community, and a healthier environment.
The measures established in the CAP were projected to accomplish the goals of 15% reduction in community-wide emissions by 2020 and nearly reach a 30% reduction by 2035. Since the CAP’s adoption, the City has implemented several measures that likely have resulted in a decrease in the City’s greenhouse gas (GHG) emissions. Approval of the recommended action will provide the consultant services needed to measure the progress made, update new metrics, and track ongoing efforts and emissions toward citywide and state-level goals.
One method for achieving these CAP vision goals relies upon updating existing policies and implementing new strategies and programs in order to further reduce our GHG emissions. Since the approval of the City’s first CAP, GHG emissions within the City were to be reduced in accordance with statewide targets through the implementation of City Council 19 – 1 10/1/2024
Climate Action Plan Update Services
October 1, 2024
mitigation measures. The CAP outlined GHG reduction for the following emission producing sectors: Transportation and Land Use, Energy, Solid Waste, Water, and Wastewater.
Additionally, the CAP previously committed the City to provide progress reports to track and monitor the implementation of the document. This was not completed due to lack of funding and will be assessed as part of the deliverables of the proposed scope of work.
Included in this scope’s deliverables is the creation of a Community Engagement Plan.
This development will serve as a robust and equitable outreach and engagement plan to detail our process for how all community outreach efforts will be coordinated, finding the right balance between individual interviews, focus groups, online surveys, public workshops, public comment, and community events. The consultant will tailor the type of engagement to the stakeholder group and desired outcomes presented. It is intended to engage with the City Council, the City’s Environmental Justice Action Committee, the City’s Environmental and Transportation Advisory Commission, Santa Ana businesses and residents, and municipal staff for collective engagement.
To properly identify efforts invested and provide meaningful updates to the City’s CAP, PWA seeks to enter into an agreement with a qualified consulting firm to assist with building on past successes and modify any targets to reflect current technologies, policies, and mandates. The consultant shall provide support services including municipal and City-wide GHG inventories, baseline and forecasted greenhouse gas inventories (including business-as-usual) subject to goal setting years, strategy and action selection and quantification, strategy and action prioritization, and other technical support services identified through the development of the updated CAP.
On April 5, 2024, PWA released Request for Proposal (RFP) No. 24-044 (Exhibit 1) to select one firm to provide services in updating the City’s CAP originally adopted in December 2015. The RFP to update this plan included an evaluation criteria consisting of responsiveness to the RFP, understanding of need, relevant property experience/schedule of delivery, and references.
The RFP was advertised on the City’s online procurement management and publication system, PlanetBids, with electronic proposals due on May 24, 2024. Eleven responsive proposals were received and evaluated by a selection committee. Of the 11 proposals received, the top ranked five firms were invited for an interview where the top scoring firm was selected.
Firm City Rank
Cumming Management Group, In.c Los Angeles, CA 1
Dudek Encinitas, CA 2
Placeworks Santa Ana, CA 3
Buro Happold Consulting Engineers, Inc. Los Angeles, CA 4 City Council 19 – 2 10/1/2024
Climate Action Plan Update Services
October 1, 2024
Firm City Rank
Michael Baker International, Inc. Santa Ana, CA 5
Staff recommends awarding an agreement to Cumming Management Group, Inc. (Exhibit 2) to provide necessary updates based on the scope of work and selection criteria outlined in RFP 24-044. Their proposal demonstrated that the firm has the necessary capacity and expertise to complete the required services (Exhibit 3). The firm’s rates are reasonable and within industry standard, the team qualifications are appropriate for this project, and the proposal was determined to provide the best value for the City.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action
FISCAL IMPACT
Funds are available in the following account, and will be presented to City Council for approval of carryforward to FY 2024-25 as part of the citywide carryforward process.
Additional proposed carryovers of unspent funds to future fiscal years will be presented to the City Council for approval as needed.
EXHIBIT(S)
1. RFP #24-044: Climate Action Plan Update
2. Agreement with Cumming Management Group, Inc.
3. Fee Proposal
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
Fiscal
Year
Accounting Unit
- Account No.
Fund
Description
Accounting Unit -
Account No.
Description
Amount
FY 24-25 01117017-62300
(24-6006) General Fund
PWA-Service
Enhancement,
Contract ServicesProfessional
$495,066
TOTAL: $495,066
City Council 19 – 3 10/1/2024
EXHIBIT 1
City Council 19 – 4 10/1/2024
CITY OF SANTA ANA
TABLE OF CONTENTS
I. BACKGROUND........................................................................................................................... 3 II. OVERVIEW OF PROJECT.......................................................................................................... 3 III. PRE-PROPOSAL MEETING ....................................................................................................... 3 IV. TERM OF AGREEMENT ............................................................................................................ 3 V. MINIMUM QUALIFICATIONS...................................................................................................... 4 VI. RESPONSE TO RFP .................................................................................................................. 4 VII. CERTIFICATIONS (ATTACHMENTS)......................................................................................... 8 VIII. REFERENCES............................................................................................................................ 9 IX. MINIMUM SCOPE AND LIMIT OF INSURANCE......................................................................... 9 X. SELECTION PROCEDURES & CRITERIA ................................................................................. 9 XI. WITHDRAWALS........................................................................................................................ 11 XII. GENERAL TERMS AND CONDITIONS .................................................................................... 11 XIII. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS........................ 15 XIV.AWARD OF AGREEMENT........................................................................................................ 19 XV. IMPLEMENTATION................................................................................................................... 19
EXHIBITS
Exhibits provided herein for Proposers’ reference only.
EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE AGREEMENT
EXHIBIT III – COMMUNITY WORKFORCE AGREEMENT (CWA)
ATTACHMENTS
A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
B PROPOSER’S STATEMENT
C NON-COLLUSION AFFIDAVIT
D NON-LOBBYING CERTIFICATION
E NON-DISCRIMINATION CERTIFICATION
F SUBCONTRACTOR DESIGNATION FORM
G CARB FLEET COMPLIANCE CERTIFICATION
H STATEMENT REGARDING CWA REQUIRMENTS
City Council 19 – 5 10/1/2024
CITY OF SANTA ANA
3 I. BACKGROUND
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.org/
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide an update to the City’s Climate Action Plan. See EXHIBIT I for complete Scope of Services.
The term “Vendor”, “Proposer”, “Firm”, “Consultants”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP).
Funding sources for each project may vary and shall comply with the funding agency’s requirements. Special conditions may apply.
CARB FLEET REGULATIONS: The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at:
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf.
Proposers are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Proposers must provide, with their Proposal, copies of Proposer’s and all listed subcontractors’ most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Proposal non-responsive.
III. PRE-PROPOSAL MEETING
A pre-proposal meeting will not be held for this RFP.
IV. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years.
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period.
Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required.
City Council 19 – 6 10/1/2024
CITY OF SANTA ANA
4 V. MINIMUM QUALIFICATIONS
The consultant or consultant team should have demonstrated experience in completing work on climate action plans/projects in cities or counties which developed mitigation measures/performance standards that considered factors such as topography, infrastructure, climate, transit/active transportation options, and private vs. public land ownership.
VI. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. Additionally, it is a requirement that five (5) hard copy proposals be delivered to the Public Works Agency drop box located on the first floor of Ross Annex across from the Development Permit counter in an enclosed sealed envelope and marked clearly with the following:
Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic submittal by the deadline is suffice. For further instructions regarding hard copy submission of proposals, refer to PlanetBids.
PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City’s assigned Buyer.
Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.
Proposals shall NOT be sent via telegraphic, electronic, or facsimile means. “SEALED PROPOSAL FOR
CLIMATE ACTION PLAN UPDATE
RFP NO. 24-044
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL.”
City of Santa Ana
Attn.: Hayley Gilbert
Public Works Agency; M-36
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
City Council 19 – 7 10/1/2024
CITY OF SANTA ANA
5 All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.
The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.
Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.
D. EXCEPTIONS
Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions.
E. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.
F. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement City Council 19 – 8 10/1/2024
CITY OF SANTA ANA
6 process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.
G. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.
1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City’s required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity.
Cover Letter shall not exceed one page.
Cover letter must be addressed to the following City Project Manager:
Hayley Gilbert, Projects Manager
City of Santa Ana – Public Works Agency, CIP Engineering 20 Civic Center Plaza
Santa Ana, CA 92701
b. Services Provided
Proposal shall include a Scope of Services and Schedule which detail the work phase to be completed, the tasks to be accomplished, the deliverables to be provided, the schedule/timeline to complete the project, and how they meet the needs of the City as described in Exhibit I – Scope of Services.
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:
i. A general description of the firm, including size and number of employees working directly with the City on this agreement.
City Council 19 – 9 10/1/2024
CITY OF SANTA ANA
7 ii. Firm’s nearest address serving the City of Santa Ana and headquarters address.
iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing relevant experience. e. Proposed Work Plan/Understanding of Need
Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services.
Additionally, proposed work plan shall include Proposers’:
i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. f. References: Proposals shall include a listing of relevant projects with references for three public entities with valid current emails for which Proposer has performed similar work within the past five (5) years.
g. CARB Fleet Compliance
The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Proposers must submit, with their Proposals, valid Certificates of Reported Compliance (“CRC”) for the Proposer’s fleet and for the fleet(s) of its listed subcontractors (including any applicable leased equipment or vehicles). Proposer must additionally complete and submit the Fleet Compliance Certification, included herein as ATTACHMENT H. Failure to provide a CRC for the Proposer, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Proposal non-responsive.
2. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages.
The fee proposal shall be submitted separately and concurrently with the technical proposal, electronically in PlanetBids, and as a hard copy in a separately sealed enveloped, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule, as outlined in the Scope of Work.
City Council 19 – 10 10/1/2024
CITY OF SANTA ANA
8 The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure.
Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.
Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City.
Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows:
Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.)
H. PROTEST PROCEDURES
Only respondents who have actually submitted a proposal may file a “protest” to an RFP with the City’s Purchasing Department. In order for a Proposer’s protest to be considered valid, the protest must:
1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP Results/Notice of Intent to Award on the City’s online bidding system;
2. Clearly identify the specific irregularity or accusation;
3. Clearly identify the specific City staff determination or recommendation being protested;
4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
5. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City’s Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The decision from the Purchasing Manager, or her/her designee, is final and no further appeals will be considered.
VII. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
• Attachment A: Proposer’s Certification and Proposal Item Pricing • Attachment B: References
• Attachment C: Proposer’s Statement
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9 • Attachment D: Non-Collusion Affidavit
• Attachment E: Non-Lobbying Certification
• Attachment F: Non-Discrimination Certification
• Attachment G: Subcontractor Designation Form
• Attachment H: CARB Fleet Compliance Certification
• Attachment I: Statement Regarding CWA Requirements
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.
PLEASE NOTE:
• All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer.
• City will not waive notarization requirement when applicable on any of the required attachments.
VIII. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references.
City may disqualify a Proposer if:
• References fail to substantiate Proposer’s description of services and deliverables provided; or
• References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.
IX. MINIMUM SCOPE AND LIMIT OF INSURANCE
See Exhibit II – Sample Agreement
X. SELECTION PROCEDURES & CRITERIA
A. Evaluation: The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below.
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10 B. Scoring Criteria: Proposers will be ranked by the review committee based on the following criteria:
C. Rankings: A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above.
D. Interviews: The review committee may invite the proposers to interview. If invited to interview, Proposers must be prepared to include key personnel in the interview and/or presentation.
The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions.
E. Selection: The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non-responsive and may be rejected.
The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee
CATEGORY POINTS
Responsiveness to RFP
• Proposal’s compliance with the requirements of this RFP. • Scope of Services offered including ability to provide optional services. • The value to any new and/or innovative product or service suggestions or other new ideas and enhancements.
20 Understanding of Need
• Include milestones of completion of key tasks, to be completed by specific team members.
35 Relevant Project Experience/Schedule of Delivery
• Relevant project experience within the last 5 years, including experience with public agencies.
• The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned staff.
40 References
• References that are similar in size and project scope to the City. 5
TOTAL POSSIBLE SCORE
(Before interviews – if held) 100
Interviews
• The City reserves the right to conduct interviews with the highest-rated firm(s). In the event the City does perform an interview process, the following is the maximum number of additive points that may be applied to the proposal score. Total possible score may exceed 100 points. 20 City Council 19 – 13 10/1/2024
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11 will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate.
XI. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible.
XII. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected proposer must obtain a City of Santa Ana Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the City’s website: www.santa-ana.org
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.
Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other City Council 19 – 14 10/1/2024
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12 related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract.
E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Precontractual expenses are not to be included in the cost proposal. Pre-contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract.
Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract.
F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld.
Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City.
G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal.
H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City.
All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract.
All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall City Council 19 – 15 10/1/2024
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13 become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts.
J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated.
Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers.
Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.
K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation
L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City.
M. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City.
Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City.
N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture.
Should the use of sub-consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor.
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14 The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors.
O. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.
P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.
Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.
Q. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.
R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.
S. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City.
T. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s City Council 19 – 17 10/1/2024
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15 Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.
Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel.
U. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.
V. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.
W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.
X. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
Y. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work.
The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors.
XIII. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS A. PREVAILING WAGE
The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated City Council 19 – 18 10/1/2024
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16 herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing Wage determination made by the Director of Industrial Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1).
Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor.
Prevailing Wage Compliance and Monitoring
Contractor is aware of the requirements of the 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 requirement on “public works” and “maintenance” projects. Since the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the job site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
B. DIR REGISTRATION
This project is a public work and subject to the following: No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations.
C. CAL-OSHA VEHICLE REGULATION
All vehicles must meet California Motor Vehicle and Cal-OSHA regulations and all other applicable codes required for vehicle use on the roads or highways in the state of California.
D. CARB FLEET COMPLIANCE CERTIFICATION
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
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17 Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.
Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.
E. QUALITY ASSURANCE
Contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and materials and techniques specified.
F. COMMUNITY WORFORCE AGREEMENT
For projects with bids greater than $750,000 for prime multi-trade construction contracts (including all subcontractors) or over $100,000 for specialty contracts (contracts either limited to a single trade or craft or limited to a singular scope of work), the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA). This project is considered a specialty contract. The CWA is 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 is incorporated by reference in the Construction Contract.
A copy of the CWA may be found in EXHIBIT III.
G. CONSTRUCTION WASTE MANAGEMENT
Contractor shall keep work areas clean and free from any debris, rubbish, hazardous waste and non-usable material resulting from the work under this Contract and shall be disposed of at the completion of each work day by the Contractor. Hazardous waste must be disposed of in accordance with the Resource Conservation and Recovery Act and all other applicable federal, state, and local laws and regulations.
H. CHEMICALS
Handling and delivery of all materials must comply with all local, State, and Federal safety regulations and must maintain appropriate hazardous material transportation and handling certifications and licensing as applicable.
I. SAFETY PROGRAM REQUIREMENTS
Work Site Safety shall be as defined by the Standard Specifications and these special provisions:
Contractor 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. Consultant/Contractor shall provide at its expense 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:
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18 a. Contractor shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job. b. Contractor 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.
c. Contractor, their employees and subcontractors shall follow all safety rules and safe work practices.
d. Contractor will immediately notify the City of any significant and/or unusual hazards found during the course of work.
e. Contractor shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work. f. Contractor 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 Contractor 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 Contractor, its subcontractors or City, attributable to any alleged act or omission of the Contractor 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 Contractor 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.
J. OTHER SAFETY REQUIREMENTS
Contractor shall take all reasonable precautions, as directed by the City, or in the absence of such direction, in accordance with sound industrial practices, to safeguard and protect City property and adjacent property. Damages to properties caused by Contractor’s negligence shall be repaired at no cost (both labor and material) to the City.
Contractor is responsible for advising and ensuring compliance by Contractor’s employees with all applicable environmental and hazardous materials handling laws and regulations.
Contractor shall provide City a full report of damage to City property and/or equipment by Contractor’s employees. All damage reports shall be submitted to the Site Coordinator within twenty-four (24) hours of occurrence.
Contractor shall provide, erect, and maintain all warning devices (i.e., barricades, cones, etc.) as required or necessary to ensure the safety of the public, City, and Contractor’s employees.
K. SPILL LIABILITY
The City does not assume liability for spills or other releases of hazardous wastes which are caused by the negligence of the contractor once hazardous waste materials are in the possession of the contractor or transported off site.
L. RECORDKEEPING AND REPORTS
Contractor is required to provide upon request, detailed data and information required by the City. Information may include: generator EPA ID, contractor EPA ID, generator name, waste City Council 19 – 21 10/1/2024
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19 description, manifest number and line number, date waste shipped, disposal and recycling facilities utilized, final disposal method utilized, quantity shipped (pounds), waste profile number, and any additional information requested.
All records and reports shall be available in electronic (including Excel, Word, and PDF Format) and hard copy format at all times during the term of the contract.
XIV. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.
A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved.
XV. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling.
B. NOTICE TO PROCEED
Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. “On-Call” contracts require the City Project Managers to request a project/task proposal from Consultants on an “as-needed” basis. Proposals will then be evaluated by City Staff and written NTPs will be issued accordingly per task order.
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INTRODUCTION/BACKGROUND
In December of 2015, the City of Santa Ana City Council approved the City’s first Climate Action Plan (CAP), which described how greenhouse gas (GHG) emissions within the City of Santa Ana were to be reduced in accordance with statewide targets through the implementation of certain mitigation measures.
The measures established in the CAP were projected to accomplish the goals of a 15% reduction in community-wide emissions by 2020 and nearly reach a 30% reduction by 2035. The CAP measures affecting municipal operations were projected to accomplish goals of 30% reduction by 2020 and a 40% reduction by 2035. The CAP can be found on the Climate Action page of the City’s website:
https://docs.google.com/viewerng/viewer?url=https://storage.googleapis.com/proudcity/santaanaca/upl oads/2022/03/Climate-Action-Plan.pdf
The CAP outlined greenhouse gas (GHG) reduction measures for the following GHG emission producing sectors: Transportation and Land Use, Energy, Solid Waste, Water, and Wastewater. Since the CAP’s adoption, the City has implemented several measures that likely have resulted in a decrease in the City’s GHG emissions.
In the CAP, the City committed to progress reports to track and monitor implementation of the document, which was not completed and will be assessed as part of the deliverables of this scope of work.
The City has since updated the Circulation Element of the General Plan, which includes Complete Streets policies to bring the City in compliance with the Complete Streets Act. The City has also adopted a Pedestrian Master Plan, Facilities Master Plan, Parks Master Plan, and updates to its Bicycle Master Plan. All plans outline and prioritize active transportation, multi-modal mobility, and open space and recreation improvements. The construction of the Orange County (OC) Streetcar will also be finalized by 2025, providing a clean electric transit mode for transit-dependent commuters within Santa Ana. The City has established a Hybrid and Alternative Fuel Vehicle Acquisition Policy to be environmentally sensitive in the purchasing the leasing of vehicles for City use, and is implementing a citywide Smart Water Meter Program with automated meter upgrades to help save water and support sustainability efforts.
MINIMUM REQUIREMENTS AND OBJECTIVES
The consultant or consultant team should have demonstrated experience in completing work on climate action plans/projects in cities or counties which developed mitigation measures/performance standards that considered factors such as topography, infrastructure, climate, transit/active transportation options, and private vs. public land ownership.
1. Staff require a consultant with significant experience in climate action plan development, long term monitoring plans, GHG inventories, index updates and data analysis.
2. Consultant will have demonstrated knowledge of climate equity and the ability to incorporate equity into their analysis.
3. The chosen consultant will be responsive, reliable, excellent at communication and organizations, and demonstrate significant expertise.
4. Flexibility is necessary for ad hoc meetings with departments and City staff that implement the CAP.
5. Occasional need for the Consultant to present to City leadership, City Council, and Mayor’s Office.
EXHIBIT I
SCOPE OF SERVICES
City Council 19 – 23 10/1/2024
CITY OF SANTA ANA
SCOPE OF WORK:
Climate Action Plan Update
The City of Santa Ana is currently updating the city’s Climate Action Plan (CAP) originally adopted in 2015. Support services under this task include: municipal and City-wide greenhouse gas inventories, baseline and forecasted greenhouse gas inventories (including business-as-usual) subject to goal setting years, strategy and action selection and quantification, strategy and action prioritization, and other technical support services identified through the development of the updated CAP.
Current updates should help to measure the progress of the CAP, build on past successes and provide any necessary revisions, adding or modifying any targets, goals, or measures to reflect current technologies, policies and government mandates.
The anticipated Scope of Work is described below. The consultant proposal narrative should adequately describe consultant’s approach and methodology for achieving the tasks described below.
Task 1: Project Management
Coordinate and schedule regular client communications including project team management and project invoicing.
Assess funding opportunities for CAP update to help inform measure development. Develop clear and actionable governance charter to outline clear roles and responsibilities for different City groups during CAP implementation.
Task 2: Stakeholder Engagement
Develop and implement a public engagement plan that effectively involves interested and affected stakeholders in identifying needs, priorities, and values related to the CAP update. Stakeholders include City Council, the City’s Environmental Justice Action Committee, the City’s Environmental and Transportation Advisory Commission, and Santa Ana businesses and residents. Include strategies to reach groups and individuals traditionally under-represented in local government decision making.
Provide support for implementation of the public engagement plan including, but not limited to, preparation of informational materials and in-person attendance and presentation at all public engagement events and public meetings.
Deliverables: Stakeholder Engagement Plan, Community Engagement Plan, as-needed presentations, and informational materials
Task 3: CAP Revisions
The CAP update should follow guidance from Countywide / Regional Climate Action Planning recommendations, policies, and best practices to update and build upon this effort monitor and reduce GHG inventories. For each focus area, recalibration of clear targets aligned with benefits via the identification of specific targets for 2030 and 2045 with greenhouse gas emissions reductions. The revisions should include an assessment of the feasibility, equitability of implementation and alignment to core benefits, including key actions and supporting actions.
The CAP revision should consider the framework and strategies outlined in the City’s General Plan, align with regional and state Climate Action Plan efforts, and incorporate potential federal, state, or other grant and funding opportunities.
The revisions shall:
• Utilize the latest available GHG inventory data available to the State or County; • Evaluate existing GHG reduction targets
• Develop a list of potential revised and new CAP measures regarding GHG reduction • Update a weighted prioritization matrix for CAP measures City Council 19 – 24 10/1/2024
CITY OF SANTA ANA
• Rank climate actions by operational feasibility, community priorities collected through engagement activities and opportunities for equitable implementation • Conduct a benefit-cost analysis of all CAP measures
• Include social equity considerations including policy objectives, program ideas, and generation of green jobs
• Identify opportunities for workforce and community capacity building • Update CAP implementation monitoring procedures, as needed • Prepare appropriate environmental review documentation (if necessary) • Prepare a draft and final CAP document update
Deliverables: SWOT Analysis; Draft CAP update document; Final CAP update document; Workforce Development Plan; and interim draft materials, as needed.
Task 4: Ongoing Monitoring and Reporting
The Consultant shall provide a recommendation on the most straightforward and most effective ongoing monitoring and reporting policies that Staff can use to provide routine updates to various commissions and the City Council including methods to measuring and reporting on the GHG emissions reductions achieved as a result of implementation actions.
Deliverables: Plan for Measuring and Verifying Impact of Measures; Reporting matrix or mechanism to generate ongoing monitoring and routine reporting.
Task 5: Other Technical Support as Assigned
To support other aspects of this project not specifically included in this scope, but potentially necessary for the success of the project, plan to provide additional services, as needed. Additional support could include, but is not limited to, technological and data utilization, conducting follow-up policy development, quantitative analysis, qualitative analysis, legal and regulatory analysis, and other topics as needed based on direction from City staff. Optional work conducted under this task will be billed on a time and materials basis, but must remain within the agreed upon contract amount.
Analysis and data from platforms such as the EPA’s Enviromental Justice Screen; CalEnviroScreen 4.0; the CDC Environmental Justice Index Map; California Healthy Places Index; etc.
Deliverables: To be determined.
City Council 19 – 25 10/1/2024
CITY OF SANTA ANA
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 20__ by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of:
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on [enter a Start Date or “the date first written above”] for a number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employeremployee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social
EXHIBIT II
SAMPLE AGREEMENT
City Council 19 – 26 10/1/2024
CITY OF SANTA ANA
security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE (To be Reviewed by City of Santa Ana Risk Management Division per Final Scope) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
City Council 19 – 27 10/1/2024
CITY OF SANTA ANA
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, City Council 19 – 28 10/1/2024
CITY OF SANTA ANA
agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and City Council 19 – 29 10/1/2024
CITY OF SANTA ANA
veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City.
Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws City Council 19 – 30 10/1/2024
CITY OF SANTA ANA
and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Contractor:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
City Council 19 – 31 10/1/2024
CITY OF SANTA ANA
contemplated by this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall
City Clerk Interim City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Assistant City Attorney
Tax ID#
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
SAMPLE ONLY
(name)
(title)
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CITY OF SANTA ANA
For projects with bids greater than $750,000 for prime multi-trade construction contracts (including all subcontractors) or over $100,000 for specialty contracts (contracts either limited to a single trade or craft or limited to a singular scope of work), the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA). This project is considered a specialty contract. The CWA is 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 is incorporated by reference in the Construction Contract. A copy of the CWA may be on the City’s website at www.santa-ana.org/documents/community-workforceagreement/.
EXHIBIT III
COMMUNITY WORKFORCE AGREEMENT (CWA)
City Council 19 – 33 10/1/2024
CITY OF SANTA ANA
FOR PROPOSERS’ REFERENCE ONLY
EXHIBIT IV
City Council 19 – 34 10/1/2024
CITY OF SANTA ANA
FOR PROPOSERS’ REFERENCE ONLY
EXHIBIT V
City Council 19 – 35 10/1/2024
CITY OF SANTA ANA
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.
__________________________________________________________________________________
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________
BUSINESS ADDRESS
__________________________________________________________________________________
PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)
__________________________________________________________________________________ CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
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CITY OF SANTA ANA
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP.
Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT B
PROPOSER’S STATEMENT
City Council 19 – 37 10/1/2024
CITY OF SANTA ANA
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.
Signed____________________________________________________________________________ State of ________, County of __________________________________________________________ Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
________________________
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT C
NON-COLLUSION AFFIDAVIT
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CITY OF SANTA ANA
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT D
NON-LOBBYING CERTIFICATION
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CITY OF SANTA ANA
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
ATTACHMENT E
NON-DISCRIMINATION CERTIFICATION
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CITY OF SANTA ANA
or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
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CITY OF SANTA ANA
Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder’s total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law.
If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder’s total bid, including alternates.
In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document.
Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed.
Subcontractor Name: Location:
Portion of Work/Trade: Bid Amount
Contractor’s License Number DIR Registration No.
Subcontractor Name: Location:
Portion of Work/Trade: Bid Amount:
Contractor’s License No: DIR Registration No:
Contractor will not be subcontracting any portion of work.
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT F
SUBCONTRACTOR DESIGNATION FORM
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CITY OF SANTA ANA
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third-party correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
_________________________________________________________________ Bidder’s Company Name (please print or type)
__________________________________________________________________ Signature of Bidder
__________________________________________________________________ Print Name
__________________________________________________________________ Title
___________________________________
DOORS ID
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT G
CARB FLEET COMPLIANCE CERTIFICATION
City Council 19 – 43 10/1/2024
CITY OF SANTA ANA
This is to certify that the undersigned Proposer and subconsultants have read and undertand the CWA entered into by and between the City of Santa Ana, Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of June 6, 2023. The Undersigned Proposer hereby agrees to comply with all terms and conditions of the CWA, and are capable of completing construction of the project continuously, without interruptions or delays. If awarded any work covered by the CWA, Proposer will also be required to sign a Letter of Assent that appears as Attachment A to the CWA documents.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT H
STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA)
REQUIREMENTS
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AGREEMENT WITH CUMMING MANAGEMENT GROUP INC. FOR CLIMATE ACTION
PLAN UPDATE SERVICES
THIS AGREEMENT is made and entered into on this 1st day of October, 2024 by and Cumming Management Group (“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 5, 2024, the City issued Request for Proposal (“RFP”) No. 24-044, by which it sought qualified firms to provide services in updating the City’s Climate Action Plan (CAP).
B. Contractor submitted a responsive 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 24-044.
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 firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform the services described in the scope of work that was included in RFP No. 24-044, which is attached as Exhibit A.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B, Contractor’s Cost Proposal submitted with its RFP response. The total amount to be expended during the term of Agreement shall not exceed $495,066, including any extensions. The total amount is allocated as: (1) a base rate of $450,060; and (2) a contingency in the amount of $45,006 for additional and as-needed services, to be exercised at City’s sole discretion.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a three-year term and terminate on September 30, 2027, unless terminated earlier in accordance with Section 16, below. The term of this EXHIBIT 2
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Agreement may be extended for two, one-year extensions upon a writing executed by the City Manager and City Attorney.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement, not to include Contractor’s work papers (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below 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 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.
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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. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
5. 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: Insurance company (or companies) agree to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City.
3. 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 non-payment of premium.
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6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Hailey Gilbert, 20 Civic Center Plaza, M-36, Santa Ana, 92701. The name and location of project must be included in the Description of Operations section of each certificate.
7. 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.
8. 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.
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.
10. Claims Made Policies: If any of the required policies provide coverage on a claimsmade basis:
a. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
b. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.
c. 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, Company must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
11. Subcontractors: Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors.
12. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its City Council, officers, officials, agents, employees, contractors, special counsel, volunteers, and representatives from City Council 19 – 61 10/1/2024
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 material breach of 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 material breach of 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 the material breach of 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. City agrees to reimburse Contractor for the costs of defense that Contractor incurs on the City’s behalf to the extent that a trier of fact ultimately determines that Contractor is not liable for the loss.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential City Council 19 – 62 10/1/2024
information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City.
15. TERMINATION
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This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. 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.
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agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Contractor is providing services not contemplated by this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
d. The Contractor has not been engaged to perform any services which constitute the practice of architecture or engineering and is not assuming any responsibilities for design. e. Notwithstanding any other provisions of this Agreement, and to the fullest extent permitted by law, neither Party shall be liable to the other for any incidental, special, indirect or other consequential damages incurred due to the fault of the other Party, regardless of the nature of the fault or whether it was committed by the City or Contractor, or their employees, subconsultants, or subcontractors. Consequential damages include, without limitation, liability for loss of profits or loss of production, loss of goodwill, however the same may be caused.
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:
Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Contractor:
Cumming Management Group Inc.
Attention: Christine Marez, Senior Vice President
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120 Vantis Drive, Suite 510
Aliso Viejo, CA 92656
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
[Signatures on following page]
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CITY OF SANTA ANA
INTRODUCTION/BACKGROUND
In December of 2015, the City of Santa Ana City Council approved the City’s first Climate Action Plan (CAP), which described how greenhouse gas (GHG) emissions within the City of Santa Ana were to be reduced in accordance with statewide targets through the implementation of certain mitigation measures.
The measures established in the CAP were projected to accomplish the goals of a 15% reduction in community-wide emissions by 2020 and nearly reach a 30% reduction by 2035. The CAP measures affecting municipal operations were projected to accomplish goals of 30% reduction by 2020 and a 40% reduction by 2035. The CAP can be found on the Climate Action page of the City’s website:
https://docs.google.com/viewerng/viewer?url=https://storage.googleapis.com/proudcity/santaanaca/upl oads/2022/03/Climate-Action-Plan.pdf
The CAP outlined greenhouse gas (GHG) reduction measures for the following GHG emission producing sectors: Transportation and Land Use, Energy, Solid Waste, Water, and Wastewater. Since the CAP’s adoption, the City has implemented several measures that likely have resulted in a decrease in the City’s GHG emissions.
In the CAP, the City committed to progress reports to track and monitor implementation of the document, which was not completed and will be assessed as part of the deliverables of this scope of work.
The City has since updated the Circulation Element of the General Plan, which includes Complete Streets policies to bring the City in compliance with the Complete Streets Act. The City has also adopted a Pedestrian Master Plan, Facilities Master Plan, Parks Master Plan, and updates to its Bicycle Master Plan. All plans outline and prioritize active transportation, multi-modal mobility, and open space and recreation improvements. The construction of the Orange County (OC) Streetcar will also be finalized by 2025, providing a clean electric transit mode for transit-dependent commuters within Santa Ana. The City has established a Hybrid and Alternative Fuel Vehicle Acquisition Policy to be environmentally sensitive in the purchasing the leasing of vehicles for City use, and is implementing a citywide Smart Water Meter Program with automated meter upgrades to help save water and support sustainability efforts.
MINIMUM REQUIREMENTS AND OBJECTIVES
The consultant or consultant team should have demonstrated experience in completing work on climate action plans/projects in cities or counties which developed mitigation measures/performance standards that considered factors such as topography, infrastructure, climate, transit/active transportation options, and private vs. public land ownership.
1. Staff require a consultant with significant experience in climate action plan development, long term monitoring plans, GHG inventories, index updates and data analysis.
2. Consultant will have demonstrated knowledge of climate equity and the ability to incorporate equity into their analysis.
3. The chosen consultant will be responsive, reliable, excellent at communication and organizations, and demonstrate significant expertise.
4. Flexibility is necessary for ad hoc meetings with departments and City staff that implement the CAP.
5. Occasional need for the Consultant to present to City leadership, City Council, and Mayor’s Office.
EXHIBIT I
SCOPE OF SERVICES
EXHIBIT A
City Council 19 – 68 10/1/2024
CITY OF SANTA ANA
SCOPE OF WORK:
Climate Action Plan Update
The City of Santa Ana is currently updating the city’s Climate Action Plan (CAP) originally adopted in 2015. Support services under this task include: municipal and City-wide greenhouse gas inventories, baseline and forecasted greenhouse gas inventories (including business-as-usual) subject to goal setting years, strategy and action selection and quantification, strategy and action prioritization, and other technical support services identified through the development of the updated CAP.
Current updates should help to measure the progress of the CAP, build on past successes and provide any necessary revisions, adding or modifying any targets, goals, or measures to reflect current technologies, policies and government mandates.
The anticipated Scope of Work is described below. The consultant proposal narrative should adequately describe consultant’s approach and methodology for achieving the tasks described below.
Task 1: Project Management
Coordinate and schedule regular client communications including project team management and project invoicing.
Assess funding opportunities for CAP update to help inform measure development. Develop clear and actionable governance charter to outline clear roles and responsibilities for different City groups during CAP implementation.
Task 2: Stakeholder Engagement
Develop and implement a public engagement plan that effectively involves interested and affected stakeholders in identifying needs, priorities, and values related to the CAP update. Stakeholders include City Council, the City’s Environmental Justice Action Committee, the City’s Environmental and Transportation Advisory Commission, and Santa Ana businesses and residents. Include strategies to reach groups and individuals traditionally under-represented in local government decision making.
Provide support for implementation of the public engagement plan including, but not limited to, preparation of informational materials and in-person attendance and presentation at all public engagement events and public meetings.
Deliverables: Stakeholder Engagement Plan, Community Engagement Plan, as-needed presentations, and informational materials
Task 3: CAP Revisions
The CAP update should follow guidance from Countywide / Regional Climate Action Planning recommendations, policies, and best practices to update and build upon this effort monitor and reduce GHG inventories. For each focus area, recalibration of clear targets aligned with benefits via the identification of specific targets for 2030 and 2045 with greenhouse gas emissions reductions. The revisions should include an assessment of the feasibility, equitability of implementation and alignment to core benefits, including key actions and supporting actions.
The CAP revision should consider the framework and strategies outlined in the City’s General Plan, align with regional and state Climate Action Plan efforts, and incorporate potential federal, state, or other grant and funding opportunities.
The revisions shall:
• Utilize the latest available GHG inventory data available to the State or County; • Evaluate existing GHG reduction targets
• Develop a list of potential revised and new CAP measures regarding GHG reduction • Update a weighted prioritization matrix for CAP measures City Council 19 – 69 10/1/2024
CITY OF SANTA ANA
• Rank climate actions by operational feasibility, community priorities collected through engagement activities and opportunities for equitable implementation • Conduct a benefit-cost analysis of all CAP measures
• Include social equity considerations including policy objectives, program ideas, and generation of green jobs
• Identify opportunities for workforce and community capacity building • Update CAP implementation monitoring procedures, as needed • Prepare appropriate environmental review documentation (if necessary) • Prepare a draft and final CAP document update
Deliverables: SWOT Analysis; Draft CAP update document; Final CAP update document; Workforce Development Plan; and interim draft materials, as needed.
Task 4: Ongoing Monitoring and Reporting
The Consultant shall provide a recommendation on the most straightforward and most effective ongoing monitoring and reporting policies that Staff can use to provide routine updates to various commissions and the City Council including methods to measuring and reporting on the GHG emissions reductions achieved as a result of implementation actions.
Deliverables: Plan for Measuring and Verifying Impact of Measures; Reporting matrix or mechanism to generate ongoing monitoring and routine reporting.
Task 5: Other Technical Support as Assigned
To support other aspects of this project not specifically included in this scope, but potentially necessary for the success of the project, plan to provide additional services, as needed. Additional support could include, but is not limited to, technological and data utilization, conducting follow-up policy development, quantitative analysis, qualitative analysis, legal and regulatory analysis, and other topics as needed based on direction from City staff. Optional work conducted under this task will be billed on a time and materials basis, but must remain within the agreed upon contract amount.
Analysis and data from platforms such as the EPA’s Enviromental Justice Screen; CalEnviroScreen 4.0; the CDC Environmental Justice Index Map; California Healthy Places Index; etc.
Deliverables: To be determined.
City Council 19 – 70 10/1/2024
Cost Proposal
PERSONNEL & ROLE HOURLY RATE
Christine Marez, Principal Agent $235
Emma Sorrell, Project Director $230
Katya Balakhovsky, Project Manager $190
Louis Spanias, Sustainability Program Manager $190
Tim Zhang, GHG Manager $195
Morgan Rose, Stakeholder Engagement & Equity Manager $180 Cassidy Wallerstein, Stakeholder Engagement & Equity Coordinator $170
SUBCONTRACTOR LABOR TO AUGMENT THE TEAM AS NEEDED
Jason Pack, VMT & Transportation Lead $345
Paul Herrmann, VMT & Transportation Manager $265
Table 1. Labor Rates
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages.
The fee proposal shall be submitted separately and concurrently with the technical proposal, electronically in PlanetBids, and as a hard copy in a separately sealed enveloped, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule, as outlined in the Scope of Work.
The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.
Cumming Group has assessed the proposed scope set forth in Section Exhibit 1 of the RFP. From that assessment we have broken down our estimated fees by task, shown on the next page in Table 2. Task Budget, and our hourly rates shown in Table 1. Labor Rates, below. A labor build-up was completed for each task based on information provided in the RFP, combined with Cumming Group’s experience with other client projects of a similar scope.
The level of effort required for each task was identified and assigned to specific project team members based on their expertise with the task. The total budget and total number of hours required to complete the task were then determined based on individual labor hours and hourly rates, as outlined in Table 1. Labor Rates.
All project activities will be invoiced monthly on a Time and Materials basis in a format approved by the City. Monthly invoices will be supported with detailed information on time billed against the project and a narrative report summarizing accomplishments as further described above in Task 2: Project Management. Our Deltek Vantagepoint timekeeping system will be set up with task-level project codes to ensure accurate tracking and reporting of the contract budget.
EXHIBIT B
City Council 19 – 71 10/1/2024
WORK TASKS & DELIVERABLES ESTIMATED HOURS ESTIMATED COST TASK 1. PROJECT MANAGEMENT 164 $46,380
TASK 2. STAKEHOLDER ENGAGEMENT 285 $48,775
TASK 3. CAP REVISIONS 837 $164,980
TASK 4. ONGOING MONITORING AND REPORTING 330 $58,175
TASK 5. OTHER TECHNICAL SUPPORT AS ASSIGNED 820 $131,750 HOURS ESTIMATED TO COMPLETE PROJECT 2,436
TOTAL ESTIMATED COST TO COMPLETE PROJECT $450,060
Table 2. Task Budget
City Council 19 – 72 10/1/2024
The City of Santa Ana
Climate Action Plan Update
RFP No: 24-044
May 24, 2024
cumming-group.com
EXHIBIT 3
City Council 19 – 73 10/1/2024
Cost Proposal
City Council 19 – 74 10/1/2024
Cost Proposal
PERSONNEL & ROLE HOURLY RATE
Christine Marez, Principal Agent $235
Emma Sorrell, Project Director $230
Katya Balakhovsky, Project Manager $190
Louis Spanias, Sustainability Program Manager $190
Tim Zhang, GHG Manager $195
Morgan Rose, Stakeholder Engagement & Equity Manager $180 Cassidy Wallerstein, Stakeholder Engagement & Equity Coordinator $170
SUBCONTRACTOR LABOR TO AUGMENT THE TEAM AS NEEDED
Jason Pack, VMT & Transportation Lead $345
Paul Herrmann, VMT & Transportation Manager $265
Table 1. Labor Rates
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages.
The fee proposal shall be submitted separately and concurrently with the technical proposal, electronically in PlanetBids, and as a hard copy in a separately sealed enveloped, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule, as outlined in the Scope of Work.
The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.
Cumming Group has assessed the proposed scope set forth in Section Exhibit 1 of the RFP. From that assessment we have broken down our estimated fees by task, shown on the next page in Table 2. Task Budget, and our hourly rates shown in Table 1. Labor Rates, below. A labor build-up was completed for each task based on information provided in the RFP, combined with Cumming Group’s experience with other client projects of a similar scope.
The level of effort required for each task was identified and assigned to specific project team members based on their expertise with the task. The total budget and total number of hours required to complete the task were then determined based on individual labor hours and hourly rates, as outlined in Table 1. Labor Rates.
All project activities will be invoiced monthly on a Time and Materials basis in a format approved by the City. Monthly invoices will be supported with detailed information on time billed against the project and a narrative report summarizing accomplishments as further described above in Task 2: Project Management. Our Deltek Vantagepoint timekeeping system will be set up with task-level project codes to ensure accurate tracking and reporting of the contract budget.
City Council 19 – 75 10/1/2024
WORK TASKS & DELIVERABLES ESTIMATED HOURS ESTIMATED COST TASK 1. PROJECT MANAGEMENT 164 $46,380
TASK 2. STAKEHOLDER ENGAGEMENT 285 $48,775
TASK 3. CAP REVISIONS 837 $164,980
TASK 4. ONGOING MONITORING AND REPORTING 330 $58,175
TASK 5. OTHER TECHNICAL SUPPORT AS ASSIGNED 820 $131,750 HOURS ESTIMATED TO COMPLETE PROJECT 2,436
TOTAL ESTIMATED COST TO COMPLETE PROJECT $450,060
Table 2. Task Budget
City Council 19 – 76 10/1/2024
City Council 19 – 77 10/1/2024
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
October 1, 2024
TOPIC: Security, Access Control, and Intercom System Maintenance Agreement
AGENDA TITLE
Agreement with BlueViolet for Security, Access Control, and Intercom Maintenance (Non-General and General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with BlueViolet to maintain existing security, access control, and intercom systems for a three-year period beginning October 1, 2024 through September 30, 2027, with one, two-year renewal option, in an amount to exceed $208,195 (Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Public Works Agency’s Parks, Fleet and Facilities Division is responsible for building maintenance, custodial maintenance, and oversight of security and access systems in City facilities. Throughout the years, security access of City Hall, Ross Annex, and the Corporate Yard has been enhanced to ensure the safety and security of City personnel and property as it aligns with the City’s Policies and Procedures: City Hall Security. The existing card reader system consists of AMAG hardware which interfaces with AMAG Symmetry software. AMAG Symmetry hardware and software are products that integrates with our operational systems. With the upcoming Main Library and Newhope Library renovations, staff plans to augment security measures by programming access control panels, card readers, and duress buttons with AMAG hardware. These security systems and related devices require routine preventative maintenance, monitoring, and repairs to ensure continuous, reliable, and uninterrupted operations of the AMAG system. Costs include yearly AMAG Symmetry software, alarm monitoring, duress monitoring, as-needed maintenance and repair, and one-time fees for the commissioning and programming of the new Main Library and the Newhope Library. The Main Library is estimated to open April 2026 and the Newhope Library is estimated to open January 2026.
Santa Ana Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency employing a competitive bid process. Sourcewell, a cooperative government purchasing agency awarded a contract to A3 Communications (Contract City Council 20 – 1 10/1/2024
Security, Access Control, and Intercom Maintenance Agreement October 1, 2024
No. 121923-A3C) as a result of open, competitive bidding on behalf of its members, including government agencies. A3 Communications owns BlueViolet Networks which is the Southern California company that would service the City of Santa Ana. BlueViolet Networks is a full-service provider who supports clients with a staff of consultants, project managers, trainers, and highly skilled, expert engineers. With over 40 years of experience, they are certified to support the existing City of Santa Ana AMAG Symmetry access control system
Staff recommends awarding a maintenance agreement to BlueViolet Networks to maintain existing security, access control, and intercom systems for a three-year period beginning October 1, 2024 through September 30, 2027, with one, two-year renewal option, in an amount not to exceed $208,195.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funding is available in the FY 2024-25 budget for this expenditure. Funding in Library – Service Enhancement, Building & Building Improvements (01111017-66200) is available from FY 2023-24, and will be presented to the City Council for approval of carry forward to FY 2024-25 as part of the citywide carry forward process. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for carry forward to FY 2025-26. Funds will be budgeted in future fiscal years for City Council consideration.
Fiscal Year
Accounting
Unit - Account
#
Fund
Description Accounting Unit,
Account Description Amount
07317100-
62320
Building
Maintenance
Building Maintenance,
Maintenance & Repair
Buildings & Ground
$29,631
24-2025 01111017-
66200
(22-1380)
General Fund
Library – Service
Enhancement, Buildings
& Building Improvements
$35,224
07317100-
62320
Building
Maintenance
Building Maintenance,
Maintenance & Repair
Buildings & Ground
$18,819
25-2026 01111017-
66200
(22-1380)
General Fund
Library – Service
Enhancement, Buildings
& Building Improvements
$6,806
City Council 20 – 2 10/1/2024
Security, Access Control, and Intercom Maintenance Agreement October 1, 2024
Fiscal Year
Accounting
Unit - Account
#
Fund
Description Accounting Unit,
Account Description Amount
07317100-
62320
Building
Maintenance
Building Maintenance,
Maintenance & Repair
Buildings & Ground
$18,819
26-2027 01111017-
66200
(22-1380)
General Fund
Library – Service
Enhancement, Buildings
& Building Improvements
$18,150
07317100-
62320
Building
Maintenance
Building Maintenance,
Maintenance & Repair
Buildings & Ground
$2,269 27-2028
(JulySeptember) 01111017-
66200
(22-1380)
General Fund
Library – Service
Enhancement, Buildings
& Building Improvements
$4,538
Optional Extension
07317100-
62320
Building
Maintenance
Building Maintenance,
Maintenance & Repair
Buildings & Ground
$16,550 27-2028
(OctoberJune) 01111017-
66200
(22-1380)
General Fund
Library – Service
Enhancement, Buildings
& Building Improvements
$13,613
07317100-
62320
Building
Maintenance
Building Maintenance,
Maintenance & Repair
Buildings & Ground
$18,819
28-2029 01111017-
66200
(22-1380)
General Fund
Library – Service
Enhancement, Buildings
& Building Improvements
$18,150
07317100-
62320
Building
Maintenance
Building Maintenance,
Maintenance & Repair
Buildings & Ground
$2,269
29-2030 01111017-
66200
(22-1380)
General Fund
Library – Service
Enhancement, Buildings
& Building Improvements
$4,538
Total: $208,195
City Council 20 – 3 10/1/2024
Security, Access Control, and Intercom Maintenance Agreement October 1, 2024
EXHIBIT(S)
1. Agreement with BlueViolet Networks
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 20 – 4 10/1/2024
- 1 -
Master Service Agreement
Serviced by Blueviolet/Lanmor Services.
EXHIBIT 1
City Council 20 – 5 10/1/2024
- 2 -
Table of Contents
Introduction………………………………………………………………………………… 3
Service Overview…………………………………………………………………………..3
Business Hours and Response times...……………………………………………………..3 Pricing…………………………………………………………………………………….....4
Payment Terms……………………………………………………………………………..4
Service Request Process……………………………………………………………………4
Escalation Procedures………………………………………………………………………5
Blueviolet/Lanmor Contacts………………………………………………………………5
City of Santa Ana Contacts…………………………………………………..………….5
Replacement Parts.………………………………………………………..…………6
Training……………………………………………………………………………………...6
Approval Signatures………………………….……………………………………..………6
City Council 20 – 6 10/1/2024
- 3 -
Introduction
1. This Master Service Agreement (MSA) is between the City of Santa Ana and Blue Violet/Blueviolet/Lanmor Services (Blueviolet/Lanmor)
2. Blueviolet/Lanmor will provide City of Santa Ana installation and/or equipment maintenance as identified in this MSA.
3. Blueviolet/Lanmor will use this MSA as a guide to insure standards are followed during the installation and maintenance of City of Santa Ana systems and equipment.
4. Blueviolet/Lanmor can provide burglary/fire monitoring for all sites that have been visited to ensure proper installation and all zones verified City Council 20 – 7 10/1/2024
- 4 -
Service Overview
1. In California Blueviolet/Lanmor will use Blueviolet/Lanmor Technicians, partner companies and subcontractors to provide the services as requested by City of Santa Ana:
a) Maintenance service on existing burglary, access control and intercom systems.
b) Installation of new burglary, access control systems, intercom components and/or peripheral equipment
c) Burglary as agreed as defined in this agreement.
d) Project work in accordance with:
1. Statement of Work (SOW) agreed upon by both parties.
2. Service quote provided by Blueviolet/Lanmor and
accepted by City of Santa Ana.
3. Change Order requests for material changes to an
original quote or SOW and will be agreed upon by both
parties.
4. Documentation for the completed project as required and appropriate.
2. Blueviolet/Lanmor warrants and represents that:
1. the person executing this MSA on its behalf is an agent and/or an employee of Blueviolet/Lanmor and is
authorized to execute this MSA and act on behalf of
Blueviolet/Lanmor with respect to this MSA.
2. its employees, representatives, and others entering on City of Santa Ana’ premises in the performance of
services under this MSA or in connection therewith,
shall at all times comply with any and all applicable
federal, state, county, and local laws, ordinances,
statutes, executive orders, rules, and regulations,
including but expressly not limited to those relating to labor relations, fair employment practices, pay rates,
working conditions, safety and health, immigration
status and rights to obtain employment legally in the
United States.
3. its equipment and services provided under this MSA
shall be of good quality, and such equipment shall be
free of material defects, merchantable, and fit for the particular purpose for which City of Santa Ana is
purchasing it.
4. Its equipment and services provided under this MSA
shall conform with the description and specifications set forth in this MSA and any SOW.
_________________________________________________
City Council 20 – 8 10/1/2024
- 5 -
Business Hours/Response Times
1. Blueviolet/Lanmors’ Regular Service hours are 7:00 a.m. to 4:00 p.m.
Monday – Friday, excluding holidays. Regular service requests will be responded to on the next business day if the request is received by 2:00 pm.
(Holidays observed by Blueviolet/Lanmor are: New Year’s Day, President’s Day, Martin Luther King Day, Good Friday, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Day After Thanksgiving and Christmas Day.)
2. At the specific request of City of Santa Ana, Blueviolet/Lanmor will provide After Hours service for work required to be done outside the regular service hours and will be billed at the After Hours rate.
3. Blueviolet/Lanmor will provide Emergency Service at the specific request of City of Santa Ana only. Emergency Service may be billed at the After Hours rate if the work is done in the After Hours time frame.
4. Upon mutual agreement of installation projects, specific dates and times will be scheduled per that agreement. All service calls will be assessed a $65.00 trip fee per call. If Blueviolet/Lanmor has multiple calls for a City of Santa Ana site, then only one trip charge will apply.
Pricing
1. Service work and installation costs will be set as follows unless otherwise agreed upon in a SOW or Quote:
a. Regular Service Rate
For all work performed during Regular Service Hours,
Blueviolet/Lanmor will charge an hourly rate of $210.00/hour including travel time to the job site rounded to the nearest quarter hour for travel time above 15 minutes. All service calls will be assessed at a $65.00 trip fee per call. If Blueviolet/Lanmor has multiple calls for other customers in the same locale the trip charge will be waived.
Blueviolet/Lanmor will invoice according to the most recently provided sub-contractor pricing for areas in which Blueviolet/Lanmors’ partners are needed to complete work.
b. After hours and Emergency Service Rate
Blueviolet/Lanmor will bill at 1.5 times the “Regular Service” rate including travel time to the job site rounded to the nearest quarter hour for travel time above 15 minutes. Blueviolet/Lanmor will invoice according to the most recently provided sub-contractor pricing for areas in which Blueviolet/Lanmors’ partners are needed to complete work
2. Monitoring of Alarms
Blueviolet/Lanmor now has the Monitoring contract for Burglary systems, which is outlined in a separate Monitoring agreement.
City Council 20 – 9 10/1/2024
- 6 -
Payment Terms
1. Terms
Invoices will be e-mailed to Nadia Orozco [email protected] and Phil Neff [email protected], and cc: City Accounting email:_____________________ completion of work. Each invoice will include a copy of the service ticket and details of labor hours, materials used, shipping fees and travel time on the invoice(s). The terms will be Net 30 days. After 30 days late fees may be assessed and any undisputed charges will accrue interest at the rate of one percent (5%) per month. If any invoice becomes 60 days past due, Blueviolet/Lanmor reserves the right to suspend service until the account is brought current. Blueviolet/Lanmor is responsible for timely invoicing for work completed or materials delivered. Any invoices that are received by City of Santa Ana past 90 days of services will need to be reviewed by City of Santa Ana before payment may be made.
Service Request Process
1. City of Santa Ana receives service request calls from their end user.
2. If a call to Blueviolet/Lanmor is placed by a City of Santa Ana Employee that is not listed on the City of Santa Ana Contact list, they will be instructed by Blueviolet/Lanmor to Contact the City of Santa Ana Facilities department for service.
3. City of Santa Ana will trouble shoot the issue and transmit a ticket if necessary, to Blueviolet/Lanmor via e-mail, voicemail or by submitting an online service ticket at www.Blueviolet/Lanmor.com or
Blueviolet/Lanmors’ Dispatch Center at service@Blueviolet/Lanmor.com
4. Service requests will include a Site Location Name, Address and Site Phone Number. The service request will include a priority level of service, Emergency Service or Regular Service. Blueviolet/Lanmors’ Dispatch Center will create a ticket including a ticket number and will email City of Santa Ana with this information and an ETA of service and will then dispatch a service technician.
5. When a ticket is completed, Blueviolet/Lanmors’ Dispatch Center will generate a closeout e-mail notifying City of Santa Ana the status of the service ticket.
6. Blueviolet/Lanmor will include a detailed statement of work performed on the invoice
and a copy of the signed Service slip along with the invoice.
7. All Quotes requested by City of Santa Ana are considered time sensitive and will be responded to in a timely manner by Blueviolet/Lanmor.
8. Installation scheduling of new installations will be coordinated by City of Santa Ana and Blueviolet/Lanmor, which will include the dates and times for the installation.
Escalation Procedures
1. Blueviolet/Lanmor is responsible for the escalation of daily service Procedures and calls. Note: Periodically Blueviolet/Lanmor may accept large projects or experience wide-spread client system outages that require many of their resources to be fully utilized. Blueviolet/Lanmor will notify City of Santa Ana within 24 hours of such a potential disruption to regular service that response times may vary. In any case, Blueviolet/Lanmor will make reasonable best efforts to continue to meet regular response times.
2. Ongoing quality of work performed and Personnel issues will be escalated to Blueviolet/Lanmors’ Sales Manager or Managers.
City Council 20 – 10 10/1/2024
- 7 -
Blueviolet/Lanmor
Contacts Blueviolet/Lanmor After Hours Dispatch Center (automated call-center) After Hours (888) 445-9922
Courtland Russell – Service Coordinator
Office: 623-869-6864
x 1101
Cellular: 623-810-6871
Kip Cunningham – President
Office: 623-869-6864 x 1102
Cellular: 623-606-3519
Jordan Cunningham – Operations Manager
Office: 623-869-6864 x 2117
Cellular: 602-376-9328
Richard Carson – Account Manager
Office: 602-342-8822
Cellular: 480-915-3445
City of Santa Ana Contacts
Phil Neff – IT Department Administrator
Main Line: 714-719-2526
Email: [email protected]
Nadia Orozco – Management Aide
Main Line: 714-647-3534
Cellular:
Email: [email protected]
Account Meetings
Q
u
a
t
Blueviolet/Lanmor Services will meet quarterly to review the results of all service calls and address any Preventative Maintenance service and review the report of any items that need to be addressed. In addition, Blueviolet/Lanmor Services will review all outstanding service tickets and all closed service during the previous quarter. A follow up quarterly meeting document will be provided to the City of Santa Ana within a week of quarterly review summarizing all items reviewed in the quarterly meeting.
City Council 20 – 11 10/1/2024
- 8 -
Training
1. End user Training will be performed by Blueviolet/Lanmor Technicians unless otherwise requested by City of Santa Ana.
2. Blueviolet/Lanmor will provide phone support for City of Santa Ana IT and Facilities Management on newly installed Burglary and Access Control systems.
City Council 20 – 12 10/1/2024
- 9 -
Service Agreement Billable Annual Services
AMAG SSA
• SSA Contract Dates 1/1/2024* – 9/30/2025
Pricing (excluding any and all applicable taxes)……………………………………….$ 5,654.16 *Current SSA expired, price includes making SSA current and extending into 2025 Alarm Monitoring Annual Price
Pricing (excluding any and all applicable taxes)……………………………………….$ 780.00 Duress Button Testing Monitoring Annual Price
Pricing (excluding any and all applicable taxes)……………………………………….$ 2,423.90 Duress Buttons and AMAG Check Up Scope of Service
• Test the functionality of all duress buttons
• Program Alarm system to be in test mode
• Physically Test every duress button
• Log test in System Surveyor
• Review Log File from Alarm Monitoring center and confirm duress notification for each device
• Note and issues with physical buttons and key releases • Note any battery warnings
• Review AMAG Symmetry Logs for potential issues or error logs that have problems • Back up the AMAG Database
• Create a log report with actions performed during the maintenance and document.
The customer is responsible for all database backups on any of the systems being maintained as part of this agreement. Database backups are strongly encouraged, and Blueviolet/Lanmor Services will work with the City of Santa Ana’s IT department for best practices with backing up an AMAG system.
Backup should be maintained offsite of at all possible.
OWNER TO PROVIDE:
• The City of Santa Ana’s IT department is to provide VPN remote access to Blueviolet/Lanmor Services. This will allow Blueviolet/Lanmor Services the ability to remotely diagnose issues and be better prepared when arriving onsite.
City Council 20 – 13 10/1/2024
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Service Agreement Billable Non Repeatable Services
City Santa Ana Discovery Access Control and Alarm Devices Pricing (excluding any and all applicable taxes)……………………………………….$ 11,982.20 City of Santa Ana Main Library Commissioning and Programming Pricing (excluding any and all applicable taxes)……………………………………….$ 19,734.96 City of Santa Ana New Hope Library Commissioning and Programming Pricing (excluding any and all applicable taxes)……………………………………….$ 12,287.63 City agrees to pay, and BlueViolet agrees to accept as total payment for its services for City, the rates and charges identified herein. The total amount authorized during the term of this Agreement, including any extension periods, shall not exceed $208,195.00.
City Council 20 – 14 10/1/2024
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Addendum: ADDITIONAL PROVISIONS TO BE ADDED
1. INDEMNIFICATION. Blueviolet/Lanmor hereby agrees to indemnify and save harmless City of Santa Ana, its City Council, officers, officials, employees, volunteers, and agents from and against all liability claims and demands on account of injury to persons, including death resulting therefrom, losses, damages, expenses (including attorney’s fees), claims, demands, payment recoveries, judgments and damage to property arising out of or caused in any manner by Blueviolet/Lanmors’ performance or the failure to perform any work under this MSA by Blueviolet/Lanmor, Blueviolet/Lanmors’ products or services, and Blueviolet/Lanmors’ employees, representatives, or agents. Blueviolet/Lanmor shall, at its own expense, defend any and all actions at law brought against City of Santa Ana, its City Council,
2. officers, officials, employees, volunteers, and agents based thereon, shall pay all attorney’s fees and all other expenses, and shall promptly discharge any judgments arising therefrom.
Blueviolet/Lanmors’ responsibility for damage to property or injury or death of persons includes, without limitation upon the generality thereof, damage, injury or death caused in whole or in part by any machine, tools, or equipment belonging to or furnished by City of Santa Ana and used by Blueviolet/Lanmor or its subcontractors in the performance of this MSA, or caused by actions of any employee, representative, or agent of City of Santa Ana while such person is acting under the direction or control of Blueviolet/Lanmor or its subcontractors and in its behalf carrying out for it any services to be performed under this MSA.
3. EMPLOYMENT PRACTICES
a. Blueviolet/Lanmor warrants that its employees, representatives, and others entering on City of Santa Ana’ premises in the performance of services or in connection therewith, shall at all times comply with any and all applicable federal, state, county, and local laws, ordinances, statutes, executive orders, rules, and regulations, including but expressly not limited to those relating to labor relations, fair employment practices, pay rates, working conditions, safety and health, immigration status and rights to obtain employment legally in the United States. b. Blueviolet/Lanmor agrees that all work performed by or at the direction of Blueviolet/Lanmor hereunder shall be performed in compliance with the requirements of the Occupational Safety and Health Act (OSHA) of 1970, as amended.
c. Blueviolet/Lanmor is an equal opportunity employer and Blueviolet/Lanmor agrees to hold City of Santa Ana and their directors, officers, representatives and employees free and harmless of and from, and defend and indemnify them against any and all claims or suits which may be brought about in the matter of racial, sexual, and or any other type of discrimination with regards to the employees of the Blueviolet/Lanmor.
d. Nothing contained in this MSA or otherwise shall be interpreted to create or establish any joint employee relationship by and between City of Santa Ana and Blueviolet/Lanmor. All services herein provided for shall be done and performed by Blueviolet/Lanmor and under the sole supervision, direction and control of Blueviolet/Lanmor as an independent contractor. City of Santa Ana shall look to Blueviolet/Lanmor for results only and shall have no right at any time to direct or supervise Blueviolet/Lanmor or Blueviolet/Lanmor’s servants or employees in the performance of Services or as to the manner, means and method by which Services are performed. All workers furnished by Blueviolet/Lanmor pursuant to this MSA and all representatives of Blueviolet/Lanmor shall be and remain the agents or employees of Blueviolet/Lanmor or of Blueviolet/Lanmor’s subcontractor at all times and shall not at any time or for any purpose whatsoever be employees or agents of City of Santa Ana.
City Council 20 – 15 10/1/2024
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4. TERM
a. The term of this MSA (“Term”) shall commence on October 1, 2024 and continue for a three (3) year period, with the option for the City to extend this Agreement by one (1), two (2) year period upon a writing by the City Manager and City Attorney, unless canceled pursuant to subsection (b) below.
b. City of Santa Ana shall have the right to cancel this MSA without cause by providing Blueviolet/ Lanmor thirty (30) days prior written notice.
5. INSURANCE
a. Additional Insured. City of Santa Ana, Its City Council, Affiliates, Employees, Agents and/or Assignees shall be named as additional insured on Blueviolet/Lanmors’ policies for liability insurance required hereunder and such liability policies shall be endorsed to make such insurance primary to any liability insurance carried by City of Santa Ana or owner. b. Waiver of Subrogation/Rights of Recovery. Blueviolet/Lanmors and its insurance carrier(s) agree to waive all rights of subrogation/recovery against City, its City Council, officers, officials, employees, and agents for losses paid under the terms of any policy arising from work performed under this Agreement.
c. Certificates. Blueviolet/Lanmor shall furnish certificates of insurance evidencing the insurance required hereunder and upon request shall furnish true copies of the actual policies. Each certificate shall provide that thirty (30) days prior written notice shall be given to City of Santa Ana in the event of cancellation or material change in the policies. In order to avoid delays in commencing work, certificates and/or copies of policies shall be sent electronically to [email protected].
d. Insurance Coverage. Blueviolet/Lanmor must maintain the following minimum insurance over the duration of this MSA:
e. Worker's Compensation. Worker's Compensation and employer liability insurance, which shall comply with the statutory requirements of the State of California or any other state where services are performed and shall apply to all persons employed by Blueviolet/Lanmor. f. Commercial General Liability Insurance. Commercial general liability insurance from a carrier with a minimum Best rating of A (IX), including product liability (if applicable), contractual liability and automobile liability with the following limits:
i. General bodily injury of not less than $2,000,000 for death or injury to one person and $2,000,000 for death or injury to more than one person, and automobile bodily injury liability of not less than 1,000,000 for death or injury to one person and $2,000,000 for death or injury to more than one person, in any one occurrence. ii. Property damage liability with limits of not less than $2,000,000 for general and contractual liability and not less than $2,000,000 in relation to automobile liability for property damage arising from any one occurrence.
6. GENERAL PROVISIONS
a. This MSA shall be deemed to have been executed by all parties and delivered to all parties within the State of California, and the rights and obligations of the parties hereto shall be construed and enforced in accordance with, and governed by, the substantive laws of the State of California, without reference to conflict or choice of laws principles. b. Any litigation arising out of or relating to this MSA shall be commenced and maintained in City Council 20 – 16 10/1/2024
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federal or state courts having subject matter jurisdiction located within the cities of Santa Ana, Orange County, California, and not elsewhere. The parties hereby consent to personal jurisdiction within Orange County, California, for the purpose of such litigation. c. This MSA, and any SOWs executed pursuant to this MSA, constitutes the entire agreement and understanding of the parties. This MSA or any term hereof may be changed, waived, discharged or terminated only by an agreement in writing signed by the party against whom such change, waiver, discharge or termination is sought to be enforced. d. Notices. Any notices necessary or provided for herein shall be sent to the parties by first class United States registered or certified mail, postage prepaid, return receipt requested or handdelivered (including without limitation by overnight courier service) at the following addresses or at such other address as a party may designate in writing:
To City of Santa Ana:
City of Santa Ana
Facilities Services
20 Civic Center Plaza,
Santa Ana, CA 92701
Attn: City Manager
To Blueviolet/Lanmor: Services
2058 W. Rose Garden Lane
Phoenix, AZ 85027
Attn: Kip Cunningham
e. If any one or more provisions contained in this MSA shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this MSA to the greatest extent practicable, but this MSA shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
f. No failure or delay by any party in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law or equity.
---end of addenda---
City Council 20 – 17 10/1/2024
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Approval Signatures
ATTEST:
Jennifer L. Hall
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: ____________________________
Jonathan Martinez
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
CITY OF SANTA ANA
Alvaro Nuñez
City Manager
Kip Cunningham
BLUEVIOLET NETWORKS
Nabil Saba Digitally signed by Nabil Saba
Date: 2024.09.19 08:42:32
-07'00'
City Council 20 – 18 10/1/2024
Proposal # P-9585
The human connection between you and your technology.
Sep 19, 2024
Richard Carson
Aftermarket Account Representative
2058 W Rose Garden Ln
Phoenix, AZ 85027
[email protected]
(719)332-9315
Nadia Orozco
Management Aide
City of Santa Ana
Public Works Agency - Parks, Fleet, & Facilities Services 20 Civic Center Plaza M-11
Santa Ana, CA 92701
[email protected]
SCOPE OF WORK SUMMARY:
Blueviolet/Lanmor Services is being requested to provide a full review of the existing AMAG Symmetry access control system. This process will detail all of the components currently installed throughout the City residing on the virtual AMAG Symmetry server.
Blueviolet/Lanmor Services will provide a detailed scope of work section sections based on the breakdown of the project. The following is the list of scopes being presented in this proposal:
- Provide onsite technicians for up to 3 days.
- Site walk all buildings with access control
- Identify/Confirm all Panel locations
- Identify /Confirm all Door locations
- Identify/Confirm Wiring locations
- Identify/Confirm all Duress Buttons and Wireless Receivers - Document all AMAG Panels with AMAG Programming Sheets (see attached example) - Document Panels, Readers, Power Supplies and wire paths with System Surveyor - Provide Reports in both hard copy and PDF to client as documentation to the system.
PRICING SUMMARY:
Pricing (excluding any and all applicable taxes and excluding permits not clearly included or outlined in this proposal)………………………………………………………………..………………..$ 11,982.20 Initial City Council 20 – 19 10/1/2024
Proposal # P-9585
The human connection between you and your technology.
Project Details
The City of Santa Ana is looking to purchase a service agreement for the ongoing servicing and repair of the AMAG Symmetry Access Control system installed at the City of Santa Ana City Hall complex. This proposal is to provide a detail site survey of the existing AMAG Symmetry system currently in pace with the City of Santa Ana. The site survey will include the following processes.
Serviceable Locations Included in this Services Agreement:
City of Santa Ana City Hall
20 Civic Center Plaza
Santa Ana, CA 92701
City of Santa Ana Ross Annex
20 Civic Center Plaza
Santa Ana, CA 92701
City of Santa Ana Parking Structure
20 Civic Center Plaza
Santa Ana, CA 92701
City of Santa Ana Council Chamber
20 Civic Center Plaza
Santa Ana, CA 92701
City of Santa Ana 801 Building
801 N Flower St
Santa Ana, CA 92703
City of Santa Ana City Yard
220 S Daisy Ave
Santa Ana, CA 92703
Site Survey Process:
AMAG Controllers
• Identify/Confirm all AMAG Controllers
• Document location in System Surveyor
• Document Pictures in System Surveyor
• Document panel configuration in with AMAG Programming spreadsheet City Council 20 – 20 10/1/2024
Proposal # P-9585
The human connection between you and your technology.
AMAG Card Readers
• Identify/Confirm all AMAG Card Readers
• Document location in System Surveyor
• Document Pictures in System Surveyor
• Document Card Reader configuration in with AMAG Programming spreadsheet . Power Supplies
• Identify/Confirm all Power Supplies
• Document location in System Surveyor
• Document Pictures in System Surveyor
• Document Battery Installation dates if available on batteries in System Surveyor . Wire Runs
• Identify/Confirm all access control wiring at each panel • Identify any wiring already completed, but not terminated and connected to door • Document locations with wiring and no doors in System Surveyor AMAG Duress Buttons and Wireless Receivers
• Identify/Confirm all AMAG Duress Buttons and wireless receivers • Document location in System Surveyor
• Document Pictures in System Surveyor
• Document duress buttons configuration in with AMAG Programming spreadsheet .
2N Intercom and Main Station
• Identify/Confirm all 2N Intercoms and Base Stations
• Document location in System Surveyor
• Document Pictures in System Surveyor
The customer is responsible for all database backups on any of the systems being maintained as part of this agreement. Database backups are strongly encouraged, and Blueviolet/Lanmor Services will work with • The City of Santa Ana’s IT department for best practices with backing up an AMAG system. Backup should be maintained offsite of at all possible.
OWNER TO PROVIDE:
• The City of Santa Ana’s IT department is to provide VPN remote access to Blueviolet/Lanmor Services. This will allow Blueviolet/Lanmor Services the ability to remotely diagnose issues and be better prepared when arriving onsite.
City Council 20 – 21 10/1/2024
Proposal # P-9585
The human connection between you and your technology.
RELEVANT EXPERIENCE
Blueviolet/Lanmor Services performs small security system installations such as a single card reader installation all the way to corporate security deployments that involve installations in multiple states across the nation. Lanmor has installed many access controls, CCTV, and alarm systems at/for various local healthcare organizations and have become their preferred security vendor.
On a larger scale; we are currently working in conjunction with Sandia Laboratories and the Global Threat Reduction Initiative team to upgrade the security systems at locations across the nation, which contain high levels of radioactive material. We are also working with APS, a regional utility, to upgrade their security systems at multiple power plants and substation locations to new federal regulations.
With our vast experience and knowledge, I am completely confident that we can meet and exceed your expectations!
CLARIFICATION(S)
1) Client to provide: 110vac power as well as (1) high speed internet line at the new control panel location. 2) Standard manufacturer’s lead times are listed below. Lead times are subject to change due to broken machinery, seasonal ebbs & flows, weather and other unforeseen circumstances outside of Lanmor’s control. These lead times are based on the return of all approved submittals and all answered questions. Lead times below are accurate at the time of this proposal and may vary by the time the project is awarded and submittals approved.
Lanmor will not be responsible for missed schedule dates for reasons outside of our control.
2.1. Hollow Metal Frames 3-5 weeks.
Hollow Metal Doors 4-6 weeks.
Wood Doors 10-12 weeks.
Hardware 4-6 weeks.
3) Breaking apart ANY QUOTE will create a delay in material AND a cost add to project. 4) Upon approval of submittals, Blueviolet/Lanmor Services assumes no liability for changes, mistakes, or additions which were not noted/redlined on the submittals. By approving the submittals, the approver acknowledges that all is correct on the submittals unless otherwise noted/redlined. (if applicable). All other changes must be agreed to in writing and executed by both parties.
5) Custom ordered materials (those that cannot be returned) must be paid for prior to Blueviolet/Lanmor Services processing the order. The frames (and/or the doors) are (or are not) custom and require prepayment. 6) Unless otherwise noted on this proposal; the warranty period is one year for materials and ninety days for labor from Blueviolet/Lanmor Services’ substantial completion of the project. Notice of a warranty claim must be received by Blueviolet/Lanmor Services within the warranty period. The exclusive remedy under the warranty is Blueviolet/Lanmor Services’ obligation to repair or replace any defective work, or at its election, compensate the Owner or Contractor for the diminished value caused by Blueviolet/Lanmor Services’ work.
City Council 20 – 22 10/1/2024
Proposal # P-9585
The human connection between you and your technology.
PROJECT MANAGEMENT
Upon being awarded this project, Lanmor will immediately assign a project manager to oversee this project from beginning to end. It will be requested by Lanmor to have a “project kick-off” meeting in which all Contractor/Owner and Lanmor staff involved will meet to introduce each other and to go over scheduling, requirements, and other details of this project (can be completed via phone conference). The Lanmor project manager will supply the Contractor/Owner representative all the necessary documentation as described in the deliverables and will be the first point of contact for anything concerning this project.
EXCLUSIONS (unless specifically included above)
• Cutting, patching, and painting of existing walls.
• Grouting, caulking, Glazing or provisioning of any glass for Storefront entrances. • Disconnect, reconnect, or relocation of plumbing, electrical, HVAC or other services. • Painting and finishing of unfinished doors and frames. • Framing, rough carpentry, and drywall required.
• Master keying of cylinders to existing key systems.
• Installation of customer furnished materials.
• Required building permits and authority having jurisdiction approval. • Work scheduled after hours or weekends.
• Expedited shipping charges / Acceleration of installation schedule. • Delay not directly caused by Blueviolet/Lanmor Services. • Changes in scope, terms and conditions or schedule not covered in pricing. • No back charges against Blueviolet/Lanmor Services without providing 72 hour written notice and an opportunity to cure.
• Work area containment.
• 110v electrical.
• Extra costs of return trips are required due to inadequate preparation of the opening(s) prior to installation. All openings must be ready for install.
• Permits of any kind.
• Any Lifts needed due to ceiling heights.
• Conduit and Raceways for necessary for connectivity.
REFERENCES
1. APS – Robert Griffith, Manager of Security Infrastructure, (602) 809-2306
2. Maricopa Integrated Health System – Michael Gallante, Chief of Security, (602) 509-5014
3. Transperfect – Wallace Michaelson, Director Infrastructure & Technology, (602) 281-0742
4. Sandia National Laboratories – Melanie Florez, Project Manager, (505) 845-0011 City Council 20 – 23 10/1/2024
Proposal # P-9585
The human connection between you and your technology.
WARRANTY
Blueviolet/Lanmor Services warranties all product and software for a period of one year from partial and or complete system activation. Labor for a period of 90 days from partial and or complete system activation. Notice of a warranty claim must be received by Blueviolet/Lanmor Services within the warranty period. The exclusive remedy under the warranty is Blueviolet/Lanmor Services’ obligation to repair or replace any defective work, or at its election, compensate the Owner or Contractor for the diminished value caused by Blueviolet/Lanmor Services’ work.
TERMS & CONDITIONS
If accepted, all prior or contemporaneous negotiations or agreements are merged into this Proposal. No future agreements supersede or modifies this Proposal unless such future agreement expressly modifies one or more particular term of this Proposal and such modification is in writing and executed by both parties. This quotation is good for 30 days from the date listed at the top of this proposal. Conditional upon buyers’ credit, 50% of the contract amount will be due with the acceptance of this agreement and prior to any material being purchased and the issuance of the customers purchase order.
The remaining will be due 30 days from the date of our invoice(s).
Accepted by: Title: Date:
____________________________________ _________________________________ __________________ City Council 20 – 24 10/1/2024
Proposal # P-9586
The human connection between you and your technology.
Sep 18, 2024
Richard Carson
Aftermarket Account Representative
2058 W Rose Garden Ln
Phoenix, AZ 85027
[email protected]
(719)332-9315
Nadia Orozco
Management Aide
City of Santa Ana
Public Works Agency - Parks, Fleet, & Facilities Services 20 Civic Center Plaza M-11
Santa Ana, CA 92701
[email protected]
SCOPE OF WORK SUMMARY:
Blueviolet/Blueviolet/Lanmor Services is being requested to program the new Library AMAG Symmetry access control panels, card readers and duress buttons. This is for the new Main Library remodel project. The panels, card readers, duress buttons and wiring will all be completed by a third-party contractor and electrical sub.
The work is to be performed at the following location:
• 26 Civic Center Plaza, Santa Ana, CA 92701
Blueviolet/Blueviolet/Lanmor Services will provide a detailed scope of work section sections based on the breakdown of the project. The following is the list of scopes being presented in this proposal:
- Connect AMAG Panels to the City Network
- Program Panels on City network and follow City Naming Schemes with panel ID’s - Program Card Readers and follow City Schemes with Card Reader id’s - Program Duress Buttons and follow City Schemes with Card Reader id’s - Provide onsite technicians for up to 4 days.
- Document all AMAG Panels with AMAG Programming Sheets (see attached example) - Document Panels, Readers, Power Supplies and wire paths with System Surveyor - Provide Reports in both hard copy and PDF to client as documentation to the system.
PRICING SUMMARY:
Pricing (excluding any and all applicable taxes and excluding permits not clearly included or outlined in this proposal)………………………………………………………………..………………..$ 19,734.96 Initial City Council 20 – 25 10/1/2024
Proposal # P-9586
The human connection between you and your technology.
Project Details
Job Details
AMAG Software
Blueviolet/Blueviolet/Lanmor Services will utilizing the existing instance of the AMAG Symmetry software on the client supplied and configured virtual server. Blueviolet/Lanmor Services will require remote access to this system during the installation phase of the project. Blueviolet/Lanmor Services would request ongoing remote access to best handle support issues after the initial project installation. This can be managed by the City’s IT department.
Blueviolet/Lanmor Services will install One AMAG client on a City provided computer at the Library facility. The AMAG software client will be supplied by others.
Site Locations
The following locations are being converted to the new AMAG access control system:
- City of Santa Ana Library
See the attached project door schedule for details on each reader location. It is the responsibility of the contract and electrical sub contractor to provide details of the AMAG door controllers, card reader, duress buttons and door release devices. If this is not provided, Lanmor Service will provide a change order for additional time to identify these areas and confirm locations based on construction drawings and be billed as time and materials.
Door Controllers
Blueviolet/Lanmor Services will be programming the new AMAG Door controllers. Lanmor service will follow the naming schemes currently in place with the City of Santa Ana at the City Hall locations.
Elevator Controllers
Blueviolet/Lanmor Services will be programming elevator controllers for the elevator bank. Blueviolet/Lanmor Services will handle the controller programming and setup, which will be confirmed by a walk with the elevator company, Risk Management and Building Facilities and IT department.
Elevator controller Exclusions/Elevator Company, Contractor and Electrical Sub Contractor responsibilities:
- Elevator company to supply wire and wire run /conduit to the elevator controller. This connection will require a pair of wires per floor being controlled by the elevator controller. - Elevator company to provide the wires from the elevator cab via the traveler path to the cab. Blueviolet/Lanmor Services will need the following to each of the elevator cabs:
o 2 Pair Non-Shielded
o 1 Pair Shielded
- Elevator company to provide location for the mounting of the card reader in each cab. - Elevator company to provide technician support during the initial installation process and the commissioning process of the system.
- If elevator personnel are not available for the required onsite time, Blueviolet/Lanmor Services will provide a change order to handle additional labor and travel time. - All wiring and connections are to be in place prior to the configuration and programming of the AMAG elevator control panel.
If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing.
City Council 20 – 26 10/1/2024
Proposal # P-9586
The human connection between you and your technology.
Power Supplies
Blueviolet/Lanmor Services will be utilizing new power supplies at each of the controller locations. Which will include new batteries for battery backup. All connections to the power supplies will already be completed and tested prior to the start of programming the AMAG controllers.
If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing.
Readers
Blueviolet/Lanmor Services will be programming new readers in the City’s AMAG Symmetry system. Lanmor service will follow the naming schemes currently in place with the City of Santa Ana at the City Hall locations.
All connections to the card readers will already be completed and tested prior to the start of programming the AMAG controllers.
If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing. .
Cabling
Blueviolet/Lanmor Services will be utilizing cabling provided and installed by others. The contractor is responsible for providing wire details and wire run locations to Lanmor prior to the beginning of programming. All wires will need to properly be labelled at each controller.
If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing.
Training
Blueviolet/Lanmor Services will not be providing any training with this project. Blueviolet/Lanmor Services will provide all programming sheets with door names for the City to handle the AMAG Symmetry programming door schedules and assigning groups. The City will be responsible for adding the library employees into the system as well.
Networking Requirements
Blueviolet/Lanmor Services will require the City of Santa Ana IT’s department to provide data connections for each of the new door controller locations. These have been labeled on the attached maps. Blueviolet/Lanmor Services will utilize the existing cable runs to the security switches.
The IT department is responsible for providing the IP address mapping for each door controller. It is Lanmor Service’s responsibility to provide the IT department with the MAC addresses for each new controller prior to the beginning of the installation. Blueviolet/Lanmor Services will configure the door controllers, which will allow the IT department to map the correct IP address to each device. The City’s IT department will have the final approval on all IDF room connections. It is the responsibility of the customer to confirm IDF connections via the attached drawings. Any changes to the IDF locations after the acceptance of the project may require a change order for addition labor to increase the wire runs.
Blueviolet/Lanmor Services has been provided with the contact information for Mike Fetner ([email protected]) and Greg Dunham ([email protected]) as points of contacts with all IT related questions.
City Council 20 – 27 10/1/2024
Proposal # P-9586
The human connection between you and your technology.
Door Programming Process
Prior to programming the new doors to new system, Blueviolet/Lanmor Services will test and ensure that the new doors are operational and perform the basic access control operations.
If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing.
Duress Buttons Programming
Blueviolet/Lanmor Services will be programming the new duress buttons to operate and notify local authorities. Prior to programming the duress buttons to the new system, Blueviolet/Lanmor Services will test and ensure that the existing alarm panel is able to provide signals to the monitoring center and all wiring from the AMAG A/O boards have been connected and the associated alarm panel replays. The contractor is responsible for providing these details to Blueviolet/Lanmor Services prior to the start of programming.
Blueviolet/Lanmor Services will need to be added to the alarm programming contact list which will allow Blueviolet/Lanmor Services the ability to program commission this process.
If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing.
City Council 20 – 28 10/1/2024
Proposal # P-9586
The human connection between you and your technology.
Project Commissioning
New Door Operation Commissioning process:
• Confirm new reader is programmed in access control system • Confirm new Status contact functionality
o Closed Status
o Open Status
o Forced Open Status
• Request for Exit
o Confirm Request for exit functionality
▪ Exit door and check AMAG log for valid functionality
• Card Reader
o Confirm card read of a valid credential
o Confirm negative card read of invalid credentials
• Locking Hardware
o Confirm mechanical operation of new locks
o Confirm electrical operation of lock with valid card read o Confirm manual override with key operation
• Power Connection
o Confirm hinge or armored cable is properly installed and functioning • Customers sign off
New Duress Button Commissioning process:
• Confirm new duress button is programmed in access control system • Confirm duress buttons signals AMAG system
• Confirm Duress buttons signal local authorities
• Confirm Key reset works
New Door Controller Commissioning process:
• Confirm new controller is programmed in access control system • Label all wires and Card reader ports
• Label New Controller with proper AMAG Chain naming scheme • Document with pictures of Controller Installation location • Batteries
o Label Batteries with installation date
o Load test batteries and label with install date
• Label Enclosure with proper naming scheme and enclosure contents • Document with pictures of Controller Installation location • Customers sign off
City Council 20 – 29 10/1/2024
Proposal # P-9586
The human connection between you and your technology.
Fire Connection
This proposal does not include any fire alarm tie ins to the existing fire alarm system .Project Management Included
Information distribution assistance, notification support, project scheduling, training coordination, onsite live support and follow up cut over to Blueviolet/Blueviolet/Lanmor Services service department.
OWNER TO PROVIDE:
• The City of Santa Ana’s IT department is to provide VPN remote access to Blueviolet/Blueviolet/Lanmor Services. This will allow Blueviolet/Blueviolet/Lanmor Services the ability to remotely diagnose issues and be better prepared when arriving onsite.
City Council 20 – 30 10/1/2024
Proposal # P-9586
The human connection between you and your technology.
RELEVANT EXPERIENCE
Blueviolet/Blueviolet/Lanmor Services performs small security system installations such as a single card reader installation all the way to corporate security deployments that involve installations in multiple states across the nation.
Lanmor has installed many access controls, CCTV, and alarm systems at/for various local healthcare organizations and have become their preferred security vendor.
On a larger scale; we are currently working in conjunction with Sandia Laboratories and the Global Threat Reduction Initiative team to upgrade the security systems at locations across the nation, which contain high levels of radioactive material. We are also working with APS, a regional utility, to upgrade their security systems at multiple power plants and substation locations to new federal regulations.
With our vast experience and knowledge, I am completely confident that we can meet and exceed your expectations!
CLARIFICATION(S)
1) Client to provide: 110vac power as well as (1) high speed internet line at the new control panel location. 2) Standard manufacturer’s lead times are listed below. Lead times are subject to change due to broken machinery, seasonal ebbs & flows, weather and other unforeseen circumstances outside of Lanmor’s control. These lead times are based on the return of all approved submittals and all answered questions. Lead times below are accurate at the time of this proposal and may vary by the time the project is awarded and submittals approved.
Lanmor will not be responsible for missed schedule dates for reasons outside of our control.
2.1. Hollow Metal Frames 3-5 weeks.
Hollow Metal Doors 4-6 weeks.
Wood Doors 10-12 weeks.
Hardware 4-6 weeks.
3) Breaking apart ANY QUOTE will create a delay in material AND a cost add to project. 4) Upon approval of submittals, Blueviolet/Blueviolet/Lanmor Services assumes no liability for changes, mistakes, or additions which were not noted/redlined on the submittals. By approving the submittals, the approver acknowledges that all is correct on the submittals unless otherwise noted/redlined. (if applicable). All other changes must be agreed to in writing and executed by both parties. 5) Custom ordered materials (those that cannot be returned) must be paid for prior to Blueviolet/Blueviolet/Lanmor Services processing the order. The frames (and/or the doors) are (or are not) custom and require prepayment. 6) Unless otherwise noted on this proposal; the warranty period is one year for materials and ninety days for labor from Blueviolet/Blueviolet/Lanmor Services’ substantial completion of the project. Notice of a warranty claim must be received by Blueviolet/Blueviolet/Lanmor Services within the warranty period. The exclusive remedy under the warranty is Blueviolet/Blueviolet/Lanmor Services’ obligation to repair or replace any defective work, or at its election, compensate the Owner or Contractor for the diminished value caused by Blueviolet/Blueviolet/Lanmor Services’ work.
City Council 20 – 31 10/1/2024
Proposal # P-9586
The human connection between you and your technology.
PROJECT MANAGEMENT
Upon being awarded this project, Lanmor will immediately assign a project manager to oversee this project from beginning to end. It will be requested by Lanmor to have a “project kick-off” meeting in which all Contractor/Owner and Lanmor staff involved will meet to introduce each other and to go over scheduling, requirements, and other details of this project (can be completed via phone conference). The Lanmor project manager will supply the Contractor/Owner representative all the necessary documentation as described in the deliverables and will be the first point of contact for anything concerning this project.
EXCLUSIONS (unless specifically included above)
• Cutting, patching, and painting of existing walls.
• Grouting, caulking, Glazing or provisioning of any glass for Storefront entrances. • Disconnect, reconnect, or relocation of plumbing, electrical, HVAC or other services. • Painting and finishing of unfinished doors and frames. • Framing, rough carpentry, and drywall required.
• Master keying of cylinders to existing key systems.
• Installation of customer furnished materials.
• Required building permits and authority having jurisdiction approval. • Work scheduled after hours or weekends.
• Expedited shipping charges / Acceleration of installation schedule. • Delay not directly caused by Blueviolet/Blueviolet/Lanmor Services. • Changes in scope, terms and conditions or schedule not covered in pricing. • No back charges against Blueviolet/Blueviolet/Lanmor Services without providing 72 hour written notice and an opportunity to cure.
• Work area containment.
• 110v electrical.
• Extra costs of return trips are required due to inadequate preparation of the opening(s) prior to installation. All openings must be ready for install.
• Permits of any kind.
• Any Lifts needed due to ceiling heights.
• Conduit and Raceways for necessary for connectivity.
REFERENCES
1. APS – Robert Griffith, Manager of Security Infrastructure, (602) 809-2306
2. Maricopa Integrated Health System – Michael Gallante, Chief of Security, (602) 509-5014
3. Transperfect – Wallace Michaelson, Director Infrastructure & Technology, (602) 281-0742
4. Sandia National Laboratories – Melanie Florez, Project Manager, (505) 845-0011
WARRANTY
Blueviolet/Blueviolet/Lanmor Services warranties all product and software for a period of one year from partial and or complete system activation. Labor for a period of 90 days from partial and or complete system activation. Notice of a warranty claim must be received by Blueviolet/Blueviolet/Lanmor Services within the warranty period. The exclusive remedy under the warranty is Blueviolet/Blueviolet/Lanmor Services’ obligation to repair or replace any defective work, City Council 20 – 32 10/1/2024
Proposal # P-9586
The human connection between you and your technology.
or at its election, compensate the Owner or Contractor for the diminished value caused by Blueviolet/Blueviolet/Lanmor Services’ work.
TERMS & CONDITIONS
If accepted, all prior or contemporaneous negotiations or agreements are merged into this Proposal. No future agreements supersede or modifies this Proposal unless such future agreement expressly modifies one or more particular term of this Proposal and such modification is in writing and executed by both parties. This quotation is good for 30 days from the date listed at the top of this proposal. Conditional upon buyers’ credit, 50% of the contract amount will be due with the acceptance of this agreement and prior to any material being purchased and the issuance of the customers purchase order.
The remaining will be due 30 days from the date of our invoice(s).
Accepted by: Title: Date:
____________________________________ _________________________________ __________________ City Council 20 – 33 10/1/2024
Proposal # P-9587
The human connection between you and your technology.
Sep 18, 2024
Richard Carson
Aftermarket Account Representative
2058 W Rose Garden Ln
Phoenix, AZ 85027
[email protected]
(719)332-9315
Nadia Orozco
Management Aide
City of Santa Ana
Public Works Agency - Parks, Fleet, & Facilities Services 20 Civic Center Plaza M-11
Santa Ana, CA 92701
[email protected]
SCOPE OF WORK SUMMARY:
Blueviolet/Lanmor Services is being requested to program the Newhope Library AMAG Symmetry access control panels, card readers and duress buttons. This is for the Newhope Library remodel project. The panels, card readers, duress buttons and wiring will all be completed by a third-party contractor and electrical sub.
The work is to be performed at the following location:
• 122 N Newhope St, Santa Ana, CA 92703
Blueviolet/Lanmor Services will provide a detailed scope of work section sections based on the breakdown of the project. The following is the list of scopes being presented in this proposal:
- Connect AMAG Panels to the City Network
- Program Panels on City network and follow City Naming Schemes with panel ID’s - Program Card Readers and follow City Schemes with Card Reader id’s - Program Duress Buttons and follow City Schemes with Card Reader id’s - Provide onsite technicians for up to 4 days.
- Document all AMAG Panels with AMAG Programming Sheets (see attached example) - Document Panels, Readers, Power Supplies and wire paths with System Surveyor - Provide Reports in both hard copy and PDF to client as documentation to the system.
PRICING SUMMARY:
Pricing (excluding any and all applicable taxes and excluding permits not clearly included or outlined in this proposal)………………………………………………………………..………………..$ 12,287.63 Initial City Council 20 – 34 10/1/2024
Proposal # P-9587
The human connection between you and your technology.
Project Details
Job Details
AMAG Software
Blueviolet/Lanmor Services will utilizing the existing instance of the AMAG Symmetry software on the client supplied and configured virtual server. Blueviolet/Lanmor Services will require remote access to this system during the installation phase of the project. Blueviolet/Lanmor Services would request ongoing remote access to best handle support issues after the initial project installation. This can be managed by the City’s IT department.
Blueviolet/Lanmor Services will install One AMAG client on a City provided computer at the Library facility. The AMAG software client will be supplied by others.
Site Locations
The following locations are being converted to the new AMAG access control system:
- City of Santa Ana Library
See the attached project door schedule for details on each reader location. It is the responsibility of the contract and electrical sub contractor to provide details of the AMAG door controllers, card reader, duress buttons and door release devices. If this is not provided, Lanmor Service will provide a change order for additional time to identify these areas and confirm locations based on construction drawings and be billed as time and materials.
Door Controllers
Blueviolet/Lanmor Services will be programming the new AMAG Door controllers. Lanmor service will follow the naming schemes currently in place with the City of Santa Ana at the City Hall locations.
Power Supplies
Blueviolet/Lanmor Services will be utilizing new power supplies at each of the controller locations. Which will include new batteries for battery backup. All connections to the power supplies will already be completed and tested prior to the start of programming the AMAG controllers.
If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing.
Readers
Blueviolet/Lanmor Services will be programming new readers in the City’s AMAG Symmetry system. Lanmor service will follow the naming schemes currently in place with the City of Santa Ana at the City Hall locations.
All connections to the card readers will already be completed and tested prior to the start of programming the AMAG controllers.
If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing. .
Cabling
Blueviolet/Lanmor Services will be utilizing cabling provided and installed by others. The contractor is responsible for providing wire details and wire run locations to Lanmor prior to the beginning of programming. All wires will need to properly be labelled at each controller.
City Council 20 – 35 10/1/2024
Proposal # P-9587
The human connection between you and your technology.
If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing.
Training
Blueviolet/Lanmor Services will not be providing any training with this project. Blueviolet/Lanmor Services will provide all programming sheets with door names for the City to handle the AMAG Symmetry programming door schedules and assigning groups. The City will be responsible for adding the library employees into the system as well.
Networking Requirements
Blueviolet/Lanmor Services will require the City of Santa Ana IT’s department to provide data connections for each of the new door controller locations. These have been labeled on the attached maps. Blueviolet/Lanmor Services will utilize the existing cable runs to the security switches.
The IT department is responsible for providing the IP address mapping for each door controller. It is Lanmor Service’s responsibility to provide the IT department with the MAC addresses for each new controller prior to the beginning of the installation. Blueviolet/Lanmor Services will configure the door controllers, which will allow the IT department to map the correct IP address to each device. The City’s IT department will have the final approval on all IDF room connections. It is the responsibility of the customer to confirm IDF connections via the attached drawings. Any changes to the IDF locations after the acceptance of the project may require a change order for addition labor to increase the wire runs.
Blueviolet/Lanmor Services has been provided with the contact information for Mike Fetner ([email protected]) and Greg Dunham ([email protected]) as points of contacts with all IT related questions.
Door Programming Process
Prior to programming the new doors to new system, Blueviolet/Lanmor Services will test and ensure that the new doors are operational and perform the basic access control operations.
If it is determined the above work has not been completed or non-operations. Blueviolet/Lanmor Services will provide a change order to handle the additional work. This will be handled with a change order at time and materials billing.
Duress Buttons Programming
Plans do not show any duress buttons for the location. If this is added, Blueviolet/Lanmor Services can provide a change order to cover the duress button programming and commissioning.
City Council 20 – 36 10/1/2024
Proposal # P-9587
The human connection between you and your technology.
Project Commissioning
New Door Operation Commissioning process:
• Confirm new reader is programmed in access control system • Confirm new Status contact functionality
o Closed Status
o Open Status
o Forced Open Status
• Request for Exit
o Confirm Request for exit functionality
▪ Exit door and check AMAG log for valid functionality
• Card Reader
o Confirm card read of a valid credential
o Confirm negative card read of invalid credentials
• Locking Hardware
o Confirm mechanical operation of new locks
o Confirm electrical operation of lock with valid card read o Confirm manual override with key operation
• Power Connection
o Confirm hinge or armored cable is properly installed and functioning • Customers sign off
New Door Controller Commissioning process:
• Confirm new controller is programmed in access control system • Label all wires and Card reader ports
• Label New Controller with proper AMAG Chain naming scheme • Document with pictures of Controller Installation location • Batteries
o Label Batteries with installation date
o Load test batteries and label with install date
• Label Enclosure with proper naming scheme and enclosure contents • Document with pictures of Controller Installation location • Customers sign off
City Council 20 – 37 10/1/2024
Proposal # P-9587
The human connection between you and your technology.
Fire Connection
This proposal does not include any fire alarm tie ins to the existing fire alarm system .Project Management Included
Information distribution assistance, notification support, project scheduling, training coordination, onsite live support and follow up cut over to Blueviolet/Lanmor Services service department.
OWNER TO PROVIDE:
• The City of Santa Ana’s IT department is to provide VPN remote access to Blueviolet/Lanmor Services. This will allow Blueviolet/Lanmor Services the ability to remotely diagnose issues and be better prepared when arriving onsite.
City Council 20 – 38 10/1/2024
Proposal # P-9587
The human connection between you and your technology.
RELEVANT EXPERIENCE
Blueviolet/Lanmor Services performs small security system installations such as a single card reader installation all the way to corporate security deployments that involve installations in multiple states across the nation. Lanmor has installed many access controls, CCTV, and alarm systems at/for various local healthcare organizations and have become their preferred security vendor.
On a larger scale; we are currently working in conjunction with Sandia Laboratories and the Global Threat Reduction Initiative team to upgrade the security systems at locations across the nation, which contain high levels of radioactive material. We are also working with APS, a regional utility, to upgrade their security systems at multiple power plants and substation locations to new federal regulations.
With our vast experience and knowledge, I am completely confident that we can meet and exceed your expectations!
CLARIFICATION(S)
1) Client to provide: 110vac power as well as (1) high speed internet line at the new control panel location. 2) Standard manufacturer’s lead times are listed below. Lead times are subject to change due to broken machinery, seasonal ebbs & flows, weather and other unforeseen circumstances outside of Lanmor’s control. These lead times are based on the return of all approved submittals and all answered questions. Lead times below are accurate at the time of this proposal and may vary by the time the project is awarded and submittals approved.
Lanmor will not be responsible for missed schedule dates for reasons outside of our control.
2.1. Hollow Metal Frames 3-5 weeks.
Hollow Metal Doors 4-6 weeks.
Wood Doors 10-12 weeks.
Hardware 4-6 weeks.
3) Breaking apart ANY QUOTE will create a delay in material AND a cost add to project. 4) Upon approval of submittals, Blueviolet/Lanmor Services assumes no liability for changes, mistakes, or additions which were not noted/redlined on the submittals. By approving the submittals, the approver acknowledges that all is correct on the submittals unless otherwise noted/redlined. (if applicable). All other changes must be agreed to in writing and executed by both parties.
5) Custom ordered materials (those that cannot be returned) must be paid for prior to Blueviolet/Lanmor Services processing the order. The frames (and/or the doors) are (or are not) custom and require prepayment. 6) Unless otherwise noted on this proposal; the warranty period is one year for materials and ninety days for labor from Blueviolet/Lanmor Services’ substantial completion of the project. Notice of a warranty claim must be received by Blueviolet/Lanmor Services within the warranty period. The exclusive remedy under the warranty is Blueviolet/Lanmor Services’ obligation to repair or replace any defective work, or at its election, compensate the Owner or Contractor for the diminished value caused by Blueviolet/Lanmor Services’ work.
City Council 20 – 39 10/1/2024
Proposal # P-9587
The human connection between you and your technology.
PROJECT MANAGEMENT
Upon being awarded this project, Lanmor will immediately assign a project manager to oversee this project from beginning to end. It will be requested by Lanmor to have a “project kick-off” meeting in which all Contractor/Owner and Lanmor staff involved will meet to introduce each other and to go over scheduling, requirements, and other details of this project (can be completed via phone conference). The Lanmor project manager will supply the Contractor/Owner representative all the necessary documentation as described in the deliverables and will be the first point of contact for anything concerning this project.
EXCLUSIONS (unless specifically included above)
• Cutting, patching, and painting of existing walls.
• Grouting, caulking, Glazing or provisioning of any glass for Storefront entrances. • Disconnect, reconnect, or relocation of plumbing, electrical, HVAC or other services. • Painting and finishing of unfinished doors and frames. • Framing, rough carpentry, and drywall required.
• Master keying of cylinders to existing key systems.
• Installation of customer furnished materials.
• Required building permits and authority having jurisdiction approval. • Work scheduled after hours or weekends.
• Expedited shipping charges / Acceleration of installation schedule. • Delay not directly caused by Blueviolet/Lanmor Services. • Changes in scope, terms and conditions or schedule not covered in pricing. • No back charges against Blueviolet/Lanmor Services without providing 72 hour written notice and an opportunity to cure.
• Work area containment.
• 110v electrical.
• Extra costs of return trips are required due to inadequate preparation of the opening(s) prior to installation. All openings must be ready for install.
• Permits of any kind.
• Any Lifts needed due to ceiling heights.
• Conduit and Raceways for necessary for connectivity.
REFERENCES
City Council 20 – 40 10/1/2024
Proposal # P-9587
The human connection between you and your technology.
1. APS – Robert Griffith, Manager of Security Infrastructure, (602) 809-2306
2. Maricopa Integrated Health System – Michael Gallante, Chief of Security, (602) 509-5014
3. Transperfect – Wallace Michaelson, Director Infrastructure & Technology, (602) 281-0742
4. Sandia National Laboratories – Melanie Florez, Project Manager, (505) 845-0011
WARRANTY
Blueviolet/Lanmor Services warranties all product and software for a period of one year from partial and or complete system activation. Labor for a period of 90 days from partial and or complete system activation. Notice of a warranty claim must be received by Blueviolet/Lanmor Services within the warranty period. The exclusive remedy under the warranty is Blueviolet/Lanmor Services’ obligation to repair or replace any defective work, or at its election, compensate the Owner or Contractor for the diminished value caused by Blueviolet/Lanmor Services’ work.
TERMS & CONDITIONS
If accepted, all prior or contemporaneous negotiations or agreements are merged into this Proposal. No future agreements supersede or modifies this Proposal unless such future agreement expressly modifies one or more particular term of this Proposal and such modification is in writing and executed by both parties. This quotation is good for 30 days from the date listed at the top of this proposal. Conditional upon buyers’ credit, 50% of the contract amount will be due with the acceptance of this agreement and prior to any material being purchased and the issuance of the customers purchase order.
The remaining will be due 30 days from the date of our invoice(s).
Accepted by: Title: Date:
____________________________________ _________________________________ __________________ City Council 20 – 41 10/1/2024
Programming Loading Sheet for AMAG
Expansion Boards Panel Types
Customer Name M2150 8 DC M2150 8 DBC
Site Location Name M2150 4 DC M2150 4 DBC
Site Address M2150 2 DC M2150 2 DBC
Panel Type M2150 DBU
Panel Serial Number EN-1DBC
Panel Mac Address Qty EN-2DBC
Panel Firmware
Are there Wim Modules for Weigand
Panel Location
Panel Address
Panel IP Address
Panel Subnet
Panel Gateway
Qty
Are there any onboard AC 8/4 Input Modules No
Are there any Onboard OC 4/8 Ouput Modules No
Control Panel 8DBC, 4DBC, 2 DBC, Circle One
Board Address
Reader Number Chain,
Controller, Board, Port
X.X.X.X
Reader
Model /
Part
Number
Does reader
have keypad,
biometric or
NA
Door Contact (Y/N) REX
(Y/N)
Shunt on REX
(Y/N)
Unlock on REX
(Y/N)
Lock Type
(strike/EL/CB/
Maglock)
Unlock on Fire
Release
(Y/N)
Bypass Connected
Bypass Relay #,
Chain,
Controller,
Board, Port
X.X.X.X-BYP
Onboard
Input Board
INPT OUTPUT
#, Chain,
Controller,
Board, Port
X.X.X.X
Device Type: Panic,
Door Contact,
Motion sensor,
Unlock Button,
Control Relay
Name
Reader Name: __.__.__.1 939S Blue tooth Y Y Y N EL No Input __.__.__.1 Reader Name: __.__.__.2 939S Blue tooth Y Y Y N EL No Input __.__.__.2 Reader Name: __.__.__.3 939S Blue tooth Y Y Y N EL No Input __.__.__.3 Reader Name: __.__.__.4 RP40 NO Y Y Y N EL No Input __.__.__.4 Reader Name: __.__.__.5 RP40 NO Y Y Y N EL No Input __.__.__.5 Reader Name: __.__.__.6 RP40 NO Y Y Y N EL No Input __.__.__.6 Reader Name: __.__.__.7 RP40 NO Y Y Y N EL No Input __.__.__.7 Reader Name: __.__.__.8 RP40 NO Y Y Y N EL No Input __.__.__.8 Output __.__.__.1
Output __.__.__.2
Output __.__.__.3
Output __.__.__.4
Expansion Boards 8DC, 4 DC 2 DC
Board Address
Reader Number Chain,
Controller, Board, Port
X.X.X.X
Reader
Model /
Part
Number
Does reader
have keypad,
biometric or
NA
Door Contact (Y/N) REX
(Y/N)
Shunt on REX
(Y/N)
Unlock on REX
(Y/N)
Lock Type
(strike/EL/CB/
Maglock)
Unlock on Fire
Release
(Y/N)
Bypass Connected
Bypass Relay #,
Chain,
Controller,
Board, Port
X.X.X.X-BYP
Onboard
Input Board
INPT OUTPUT
#, Chain,
Controller,
Board, Port
X.X.X.X
Device Type: Panic,
Door Contact,
Motion sensor,
Unlock Button,
Control Relay
Name
Reader Name: __.__.__.1 RP40 NO Y Y Y N EL No Input __.__.__.1 Reader Name: __.__.__.2 RP40 NO Y Y Y N EL No Input __.__.__.2 Reader Name: __.__.__.3 RP40 NO Y Y Y N EL No Input __.__.__.3 Reader Name: __.__.__.4 RP40 NO Y Y Y N EL No Input __.__.__.4 Reader Name: __.__.__.5 RP40 NO Y Y Y N EL No Input __.__.__.5 Reader Name: __.__.__.6 RP40 NO Y Y Y N EL No Input __.__.__.6 Reader Name: __.__.__.7 RP40 NO Y Y Y N EL No Input __.__.__.7 Reader Name: __.__.__.8 RP40 NO Y Y Y N EL No Input __.__.__.8 Output __.__.__.1
Output __.__.__.2
Output __.__.__.3
Customer Administrator Name
Customer Administrator Phone Number
Local Customer Contact Name
Local Customer Contact Phone Number
Down stream Door Controllers, Expansion
M2150 8DC
M2150 4DC
M2150 2DC
AC 24/4 Input Board
OC 4/24 Output Board
WIEGAND
Weigand or Current
Loop Reader
WIEGAND
WIEGAND
WIEGAND
WIEGAND
WIEGAND
WIEGAND
WIEGAND
WIEGAND
WIEGAND
WIEGAND
WIEGAND
Weigand or Current
Loop Reader
WIEGAND
WIEGAND
WIEGAND
WIEGAND
City Council 20 – 42 10/1/2024
July 21st, 2024
CITY OF SANTA ANA ACCESS CONTROL UPGRADE
Santa Ana, CA
SURVEYS
City of Santa Ana Access Control UpgradeSurvey- Library 1s... | +2 surveys Prepared by: A Division of The Cook & Boardman Gro City Councilup July 21st, 2024 1/8 20 – 43 10/1/2024
TABLE OF CONTENTS
CONTENTS
City of Santa Ana Access Control Upgrade-Survey- Library 1st Floor 3 BILL OF MATERIALS 3
LAYOUT 4
City of Santa Ana Access Control Upgrade-Survey- Library Basement 5 BILL OF MATERIALS 5
LAYOUT 6
City of Santa Ana Access Control Upgrade-Survey-Library 2nd Floor 7 BILL OF MATERIALS 7
LAYOUT 8
Prepared by: A Division of The Cook & Boardman Group July 21st, 2024 City of Santa Ana Access Control Upgrade
City Council 2/8 20 – 44 10/1/2024
BILL OF MATERIALS - City of Santa Ana Access Control
Upgrade-Survey- Library 1st Floor
MAKE MODEL# ACCESSORIES QUANTITY
Access Control 18
Card Reader 13
----- ----- 13
Panic Button 5
----- ----- 5
Prepared by: A Division of The Cook & Boardman Group July 21st, 2024 City of Santa Ana Access Control Upgrade
City Council 3/8 20 – 45 10/1/2024
LAYOUT - City of Santa Ana Access Control Upgrade-SurveyLibrary 1st Floor Prepared by: A Division of The Cook & Boardman Group July 21st, 2024 RDR-001
PB-001
PB-002 PB-003
PB-004
RDR-002
RDR-003
RDR-004
RDR-005
RDR-006
RDR-007 RDR-008 RDR-009
RDR-010
RDR-011
RDR-012
RDR-013
PB-005
Access Control
Card Reader 13
Panic Button 5
Prepared by: A Division of The Cook & Boardman Group July 21st, 2024 City of Santa Ana Access Control Upgrade
City Council 4/8 20 – 46 10/1/2024
BILL OF MATERIALS - City of Santa Ana Access Control
Upgrade-Survey- Library Basement
MAKE MODEL# ACCESSORIES QUANTITY
Access Control 3
Card Reader 3
----- ----- 3
Prepared by: A Division of The Cook & Boardman Group July 21st, 2024 City of Santa Ana Access Control Upgrade
City Council 5/8 20 – 47 10/1/2024
LAYOUT - City of Santa Ana Access Control Upgrade-SurveyLibrary Basement Prepared by: A Division of The Cook & Boardman Group July 21st, 2024 RDR-001 RDR-002
RDR-003
Access Control
Card Reader 3
Prepared by: A Division of The Cook & Boardman Group July 21st, 2024 City of Santa Ana Access Control Upgrade
City Council 6/8 20 – 48 10/1/2024
BILL OF MATERIALS - City of Santa Ana Access Control
Upgrade-Survey-Library 2nd Floor
MAKE MODEL# ACCESSORIES QUANTITY
Access Control 6
Card Reader 6
----- ----- 6
Prepared by: A Division of The Cook & Boardman Group July 21st, 2024 City of Santa Ana Access Control Upgrade
City Council 7/8 20 – 49 10/1/2024
LAYOUT - City of Santa Ana Access Control Upgrade-SurveyLibrary 2nd Floor Prepared by: A Division of The Cook & Boardman Group July 21st, 2024 RDR-001
RDR-002
RDR-003
RDR-004 RDR-005
RDR-006
Access Control
Card Reader 6
Prepared by: A Division of The Cook & Boardman Group July 21st, 2024 City of Santa Ana Access Control Upgrade
City Council 8/8 20 – 50 10/1/2024
July 21st, 2024
CITY OF SANTA ANA ACCESS CONTROL UPGRADE
Santa Ana, CA
SURVEY
City of Santa Ana Access Control UpgradeSurvey-Newhope Lib...
Prepared by: A Division of The Cook & Boardman Gro City Councilup July 21st, 2024 1/4 20 – 51 10/1/2024
TABLE OF CONTENTS
CONTENTS
City of Santa Ana Access Control Upgrade-Survey-Newhope Library 3 BILL OF MATERIALS 3
LAYOUT 4
Prepared by: A Division of The Cook & Boardman Group July 21st, 2024 City of Santa Ana Access Control Upgrade
City Council 2/4 20 – 52 10/1/2024
BILL OF MATERIALS - City of Santa Ana Access Control
Upgrade-Survey-Newhope Library
MAKE MODEL# ACCESSORIES QUANTITY
Access Control 7
Card Reader 7
----- ----- 7
Prepared by: A Division of The Cook & Boardman Group July 21st, 2024 City of Santa Ana Access Control Upgrade
City Council 3/4 20 – 53 10/1/2024
LAYOUT - City of Santa Ana Access Control Upgrade-SurveyNewhope Library Prepared by: A Division of The Cook & Boardman Group July 21st, 2024 RDR-001
RDR-002
RDR-003
RDR-004
RDR-005
RDR-006 RDR-007
Access Control
Card Reader 7
Prepared by: A Division of The Cook & Boardman Group July 21st, 2024 City of Santa Ana Access Control Upgrade
City Council 4/4 20 – 54 10/1/2024
1 MEMORANDUM
To: City Clerk Date: September 25, 2024
From: Nabil Saba, Executive Director, Public Works Agency Subject: Request to Remove Item #21: Construction Contract with Diamond Construction & Design for the Santa Ana Wellness Plaza Project (Project No. 22-1358) (Non-General Fund) (Revive Santa Ana) The Public Works Agency would like to remove Item No. 21 Construction Contract with Diamond Construction & Design for the Santa Ana Wellness Plaza Project (Project No. 22-1358) (Non-General Fund) (Revive Santa Ana). City Staff is currently reevaluating this project and will provide an update at a future date.
C: Alvaro Nuñez, City Manager
City Council 21 – 1 10/1/2024
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
October 1, 2024
TOPIC: Santa Ana Wellness Plaza
AGENDA TITLE
Construction Contract with Diamond Construction & Design for the Santa Ana Wellness Plaza Project (Project No. 22-1358) (Non-General Fund) (Revive Santa Ana)
RECOMMENDED ACTION
1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $883,660, which includes $746,929 for the construction contract; $69,039 for contract administration, inspection, and testing; and a $74,693 project contingency for unanticipated or unforeseen work.
2. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $883,660 of funding in the American Rescue Plan Act funds for the Santa Ana Wellness Plaza.
3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $746,929, for the construction of the Santa Ana Wellness Plaza Project, for the term beginning October 1, 2024 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-2024-66 was filed for Project 22-1358.
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The City was allocated American Rescue Plan Act (ARPA) funding to enhance pedestrian safety, accessibility, and mobility within qualified census tract areas. The Santa Ana Wellness Plaza project (No. 22-1358) meets the intent of the funding source by enhancing the Civic Center courtyard area, between City Hall and City Council Chamber, to provide a safe and welcoming environment for the general public of the City of Santa Ana (Exhibit 1). The project scope includes removal of decomposed granite, installing new hardscape, new landscaping including trees, water element, City Council 21 – 2 10/1/2024
Santa Ana Wellness Plaza
October 1, 2024
irrigation, waterproofing, lighting, and site furnishings. The new improvements will enrich the surrounding community and the visiting public by providing the plaza with new amenities including game tables (such as chess boards), benches, and a fountain (Exhibit 1).
A copy of construction plans, contracts, specifications, and all related reference materials (such as The Greenbook) are available for public review at the City’s Public Work Agency, Central Files office located in City Hall. Concept plans are attached as Exhibit 1.
Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 58 regional vendors via PlanetBids, many of which are Santa Ana based. Furthermore, a pre-bid job meeting was conducted on June 11, 2024 for prospective bidders to clarify any project related questions prior to submitting their bids. A total of six bids were received. No bids were received from a Santa Ana contractor.
As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 6 and June 11, 2024. The project was also advertised in PlanetBids from June 5 through June 26, 2024. Bids were received electronically via PlanetBids and opened on June 26, 2024. Bids are valid until November 28, 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 Diamond Construction & Design La Habra, CA $746,929
2 Axiom Group Los Angeles, CA $897,717
3 C.S. Legacy Construction, Inc. Walnut, CA $1,065,028
4 Aguilar & Calderon Corporation Whittier, CA $1,098,998 5 The Nazerian Group Encino, CA $1,244,123
6 MBC Enterprises, Inc. Westminster, CA $1,356,779
A total of six bids were received and all were deemed responsive. Diamond Construction & Design submitted the lowest responsive base bid in the amount of $746,929 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Since the contract will be below $750,000, the project will not be subject to the City of Santa Ana Community Workforce Agreement (CWA). Based on the bid analysis and a contractor’s reference check, staff City Council 21 – 3 10/1/2024
Santa Ana Wellness Plaza
October 1, 2024
recommends awarding the construction contract to Diamond Construction & Design (Exhibit 3).
Diamond Construction & Design has previously performed work as a prime contractor in the City of Santa Ana within the last five years, most recently completing the Residential Street Repair Program Project. 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 a budget allocation for construction administration, inspection, and testing. Construction administration and inspection may be performed by either Staff or consultants and includes construction management, inspection of the Contractor’s work to ensure contract compliance, workmanship and quality, materials testing, and implementation of the labor requirements.
Any of the allocated construction administration funds not spent are considered project savings and are returned to the respective fund balance upon close out of the project.
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 $883,660.
Project Item Total
Construction Contract Bid Amount $746,929
Construction Administration $32,880
Inspection $20,473
Testing $8,685
Project Contingencies $74,693
Total Estimated Construction Delivery Cost $883,660
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Section 15301(a) of the CEQA Guidelines for projects consisting of minor alteration to an existing public facility. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER-2024-66 was filed for the Civic Center Wellness Plaza on July 24, 2024 (Exhibit 5).
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project (22-1358) is $883,660. The funds were budgeted and available for expenditure in Fiscal Year 2023-2024 and will be presented to the City Council for carry-forward to City Council 21 – 4 10/1/2024
Santa Ana Wellness Plaza
October 1, 2024
the Fiscal Year 2024-2025 budget. All funds are available for expenditure in Fiscal Year 2024-25 Capital Improvement Program (Exhibit 6). However, any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2025-26. A proposed carryover of unspent funds will be presented to the City Council for the FY 2025-26 portion of this contract.
The proposed contract authorizes staff a maximum of 10% in contingencies for construction contract change orders. Staff will return to City Council for authorization and appropriation of additional contingency if necessary.
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
2023-24 18117013-66220
(22-1358)
American
Rescue Plan
Act (ARPA)
ARPA – PWA, Improvements
Other Than Building $883,660
Total $883,660
EXHIBIT(S)
1. Location Map & Concept Plans
2. Bid Proposal
3. Construction Contract
4. Cost Analysis
5. Environmental Determination
6. FY 2024-25 Capital Improvement Program Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 21 – 5 10/1/2024
PWA
SANTA ANA
PUBLIC WORKS AGENCY Project No. 22-1358:
Santa Ana Wellness Plaza Location Map
EXHIBIT 1
City Council 21 – 6 10/1/2024
City Council 21 – 7 10/1/2024
DIAMOND CONSTRUCTION & DESIGN
19,000 19,000
6,500 6,500
185 58,275
4,500 4,500
75 2,550
60 11,400
325 6,175
22,500 22,500
1038.50 27,001
36,000 36,000
29 17,864
25 4,250
14 34,888
17.8 16,037.80
City Council 21 – 8 10/1/2024
167,900
7 $167,900
$2,065
5,000 $5,000
20 $14,000
1,200 $4,800
800 $4,800
38,000 $38,000
19,225 $38,450
2,700 $16,200
2,750 $27,500
400 $1,600
5,000 $10,000
$7,000 $7,000
3,500 $28,000
30,000 $30,000
250 $6,500
500 $1,500
2,000 $2,000
1.25 $5,681.25
1.25 $5,806.25
4,000 $12,000
City Council 21 – 9 10/1/2024
DIAMOND CONSTRUCTION & DESIGN
STELIAN ONUFREI - GEN ADRIAN O'BRIAN - qualify partner
250 $5,750
45 $37,665
30 $1,770
4,000 $4,000
2,000 $2,000
746,928.30
City Council 21 – 10 10/1/2024
DIAMOND CONSTRUCTION & DESIGN
STELIAN ONUFREI - GENERAL PARTNER ADRIAN O'BRIAN - qualify partner City Council 21 – 11 10/1/2024
rev. 08/01/2023 Page 1 of 3
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO. 22-1358
SANTA ANA WELLNESS PLAZA
This CONSTRUCTION CONTRACT is made and entered into this 1st day of October, 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 Diamond Construction & Design (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 Santa Ana Wellness Plaza 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 Seven Hundred Forty-Six Thousand Nine Hundred Twenty-Eight Dollars and Thirty Cents ($746,928.30), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A.” 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 EXHIBIT 3
City Council 21 – 12 10/1/2024
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;
City Council 21 – 13 10/1/2024