improvements along the corridor, reducing congestion and enhancing traffic flow along the corridor. The corridor extends 15 miles from Lambert Road in the City of Brea through the cities of Placentia, Anaheim, Orange, and Caltrans to Dyer Road in Santa Ana (Exhibit 2). The corridor is designated as part of a Priority Corridor Network by the OCTA Traffic Signal Synchronization Master Plan. Additionally, this corridor stretches from the northern county limits to the center of Orange County, encompassing a wide range of land uses and traffic patterns. Moreover, the corridor experiences high morning and evening traffic volumes and will benefit from a well-synchronized traffic signal network to reduce motorist travel time, stops, and delays.
On May 13, 2024, the OCTA Board of Directors approved awarding the City of Santa Ana $4,568,526 for the Traffic Signal Synchronization Project, with the requirement that the City and partnering agencies provide matching funds of 20% for the project in the amount of $1,142,132 (Exhibit 3) of which the City of Santa Ana’s share is $381,280.
Additionally, the City of Santa Ana will act as lead agency for the project and, through a future cooperative agreement with the partnering agencies, will identify the roles and responsibilities of each participating agency. The cooperative agreement and future construction contract will be brought to the City Council for further approval at a later date.
Staff recommends adding the awarded grant funds to the Traffic Signal Synchronization Project for the Design Engineering and Construction Phases and amending the Fiscal Year 2024-25 Capital Improvement Program to include the awarded grant funds (Exhibit 4).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
Approval of the requested appropriation adjustment will recognize $4,568,526 Fiscal Year 2024-25 Measure M2 grant funds into the Public Works Measure M-Street Construction, M2 Competitive revenue account (No. 03217002-52332) and appropriate the same amount into the Public Works Measure M2 Competitive Street, Improvements Other Than Building expenditure account (No. 03217663-66220). Staff will present a separate cooperative agreement and construction contract identifying total costs for City Council consideration in the future.
The following table summarizes the funds budgeted and available in current FY 2024-25 for design engineering and construction expenditures after the appropriation adjustment. Any unspent budget in FY 2024-25 will be included in future-year carryforwards for City Council consideration.
City Council 13 – 2 10/15/2024
Kraemer Boulevard/ Glassell Street/ Grand Avenue Corridor Regional Traffic Signal Synchronization Project
October 15, 2024
Fiscal Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.
Description
Amount
Existing Budget
2024-25 03217662-66220
(25-6705)
Measure MStreet
Construction
Measure M2 Local
Fairshare St,
Improvements Other
Than Building
$381,280
Appropriation Adjustment
2024-25 03217663-66220
(25-6705)
Measure MStreet
Construction
Measure M2
Competitive Street,
Improvements Other
Than Building
$4,568,526
TOTAL $4,949,806
EXHIBIT(S)
1. Resolution 2023-078
2. Location Map
3. OCTA Board Approval
4. Fiscal Year 2024-25 CIP Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 13 – 3 10/15/2024
RESOLUTION NO. 2023-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE SUBMITTAL OF
IMPROVEMENT PROJECTS TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR FUNDING UNDER
THE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION
PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:
A. The Measure M2 Regional Traffic Signal Synchronization Program targets over 2,000 signalized intersections across Orange County to maintain traffic signal synchronization, improve traffic flow, and reduce congestion across jurisdictions.
B. The City of Santa Ana has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive revenues as park of Measure M2.
C. The City of Santa Ana must include all projects funded by Net Revenues in the seven- year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirement.
D. The City of Santa Ana authorizes a formal amendment to the seven- year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors, if necessary.
E. The City of Santa Ana has currently adopted a Local Signal Synchronization Plan consistent with the Regional Traffic Signal Synchronization Master Plan as a key component of local agencies' efforts to synchronizing traffic signals across local agencies' boundaries.
F. The City of Santa Ana will provide matching funds for each project as required by the Comprehensive Transportation Funding Programs Procedures Manual.
G. The City of Santa Ana will not use Renewed Measure M funds to supplant Developer Fees or other commitments.
G. The City of Santa Ana desires to implement multi jurisdictional signal synchronization listed below.
Resolution No. 2023-078
EXHIBIT 1
City Council 13 – 4 10/15/2024
Section 2. The City Council of the City of Santa Ana hereby approves the formal submissions of the projects described below to the Orange County Transportation Authority for funding under the OCTA' s Regional Traffic Signal Synchronization Program and requests that the OCTA allocate funds in the amounts specified in the City' s submissions. Said funds shall be matched by funds from Santa Ana as required and shall be used as supplemental funding to aid the City in signal synchronization along the following street( s):
PROJECT PROGRAM FY
Kraemer Boulevard, Glassell Street, Grand Avenue ( KGG) Traffic RTSSP 24125 Signal Synchronization
Section 3. The City Council of the City of Santa Ana appoints the City Manager, or his or her designee, as agent for the City of Santa Ana to conduct all negotiations, and execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for allocation of the requested funds to Santa Ana.
Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.
ADOPTED this 21 "1 day of November, 2023.
le ie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jonathan T. Martinez
4#1 Assistant City Attorney
Resolution No. 2023-078
City Council 13 – 5 10/15/2024
AYES: Councilmembers Amezcua, Bacerra, Hernandez, Lopez, Penaloza, Phan, Vazquez (7)
NOES: Councilmembers None ( 0)_.__.
ABSTAIN: Councilmembers None ( 0)
NOT PRESENT: Councilmembers None_(0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2023- 078 to be the original resolution adopted by the City Council of the City of Santa Ana on November 21. 2023.
Date: ( L)
L-:'
ennifer . al
lerk
City of Santa Ana
Resolution No. 2023-078
City Council 13 – 6 10/15/2024
PWA
SANTA ANA
PUBLIC WORKS AGENCY
Project No. 25-6705:
Kraemer Boulevard/ Glassell Street/ Grand Avenue
Corridor Regional Traffic Signal Synchronization
Project
Exhibit 2
EXHIBIT 2
City Council 13 – 7 10/15/2024
EXHIBIT 3
COMMITTEE TRANSMITTAL
May 13, 2024
To: Members of the Board of Directors
From: Andrea West, Clerk of the Board
Subject: Comprehensive Transportation Funding Programs – 2024 Call for Projects Programming Recommendations
Regional Transportation Planning Committee Meeting of May 6, 2024
Present:
Absent:
Directors Do, Dumitru, Federico, Foley, Harper, and Stephens Khan
Committee Vote
This item was passed by the Members present.
Committee Recommendations
A.
B.
Approve the award of $18.72 million in 2024 Regional Capacity Program (Project O) funds to six local jurisdiction projects.
Approve the award of $12.89 million in 2024 Regional Traffic Signal Synchronization Program (Project P) funds to five local jurisdiction projects.
Orange County Transportation Authority
550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) City Council 13 – 8 10/15/2024 May 6, 2024
To: Regional Transportation Planning Committee
From: Darrell E. Johnson, Chief Executive Officer
Subject: Comprehensive Transportation Funding Programs – 2024 Call for Projects Programming Recommendations
Overview
The Orange County Transportation Authority issued the 2024 Measure M2 Comprehensive Transportation Funding Programs Regional Capacity Program and Regional Traffic Signal Synchronization Program call for projects in August 2023. Project Applications were due in October 2023. A list of projects recommended for funding is presented for Board of Directors’ review and approval.
Recommendations
A.
B.
Approve the award of $18.72 million in 2024 Regional Capacity Program (Project O) funds to six local jurisdiction projects.
Approve the award of $12.89 million in 2024 Regional Traffic Signal Synchronization Program (Project P) funds to five local jurisdiction projects.
Background
The Regional Capacity Program (RCP), Project O, is the Measure M2 (M2) competitive funding program through which the Orange County Transportation Authority (OCTA) supports street and road improvement projects. The Regional Traffic Signal Synchronization Program (RTSSP), Project P, is the M2 competitive program that provides funding for regional signal synchronization projects.
Orange County Transportation Authority
City Council 550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) 13 – 9 10/15/2024 Comprehensive Transportation Funding Programs – Page 2
2024 Call for Projects Programming Recommendations
Both programs are included in the Comprehensive Transportation Funding Programs (CTFP) which include all of the competitive M2 programs that provide grants to local agencies for transit, streets and roads, and environmental cleanup. These programs are subject to an annual call for projects (call) which is guided by the Board of Directors (Board)-approved CTFP guidelines. The CTFP guidelines are updated before each call and include scoring criteria that are developed in collaboration with the OCTA Technical Advisory Committee (TAC), which is comprised of representatives from the 35 local jurisdictions. The guidelines and the call are ultimately approved for release by the Board.
The CTFP guidelines for the 2024 call were approved by the Board on August 14, 2023. At that meeting, the Board also authorized the issuance of the current call. The available funding, based on the cash flow that was prepared at that time, was reported as approximately $45 million in competitive M2 funds to support regional roadway and signal synchronization projects throughout Orange County.
Discussion
RCP
OCTA received six applications requesting a total of $21.41 million in funding as further detailed in Attachment A. The applications were reviewed for eligibility, consistency, adherence to the guidelines, and overall M2 program objectives aimed at completing a balanced regional network. Applications were evaluated and ranked based on the scoring criteria identified in the guidelines. During the review process, staff worked with local jurisdictions to address technical issues such as application scoring corrections, scope of work clarifications, and refinement of final project funding requests.
Based upon these reviews and project consistency with the guidelines, staff recommends funding for all six projects, totaling $18.72 million (with inflationary adjustments as appropriate). The recommended programming amount is lower than the originally requested amount, which is the result of OCTA’s detailed application review. The revised recommended grant amount reflects only the project scope components and amounts that are eligible per CTFP guidelines.
Attachment B provides more detail on the programming recommendations. The recommended M2 RCP funding will support six projects in the cities of Dana Point, Garden Grove, Irvine, Laguna Niguel, Santa Ana, and Yorba Linda.
Orange County Transportation Authority
City Council 550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) 13 – 10 10/15/2024 Comprehensive Transportation Funding Programs – Page 3
2024 Call for Projects Programming Recommendations
Of the six recommended projects, three will provide arterial improvement benefits with grants for the engineering, right-of-way (ROW), and/or construction phases, and three will provide intersection capacity enhancements with ROW and construction phase grants. Implementation of these projects in aggregate is anticipated to produce notable congestion relief in Orange County, while enhancing the arterial system overall.
RTSSP
OCTA received six applications requesting a total of $13.91 million in RTSSP funding. These applications were also reviewed for eligibility, consistency, and adherence to guidelines and overall program objectives. During the review process, one project application was withdrawn by the local jurisdiction, reducing the overall requested funding of this call to $13.53 million.
Attachment A has more detail on the submitted projects. Staff worked with the sponsoring local jurisdictions to address technical issues of final project funding requests.
Staff recommends award of $12.89 million to fund five RTSSP projects. The revised recommended grant amount is a result of application review related to construction cost refinements and scope of work clarifications. All five of the recommended projects are anticipated to be implemented by the local jurisdictions in fiscal year 2024-25. Additional details on the RTSSP-recommended projects are provided in Attachment C.
The table below provides an overall summary of the funding recommendations:
2024 CTFP Call Summary ($ in millions)
RCP
6 RTSSP
5 Total
Number of Applications Recommended for Approval 11
Amount Recommended for Approval (escalated) $18.72 $12.89 $31.61 These recommendations are consistent with the 2024 guidelines approved by the Board. As such, staff recommends programming $31.61 million for 11 projects under the RCP and RTSSP. These awards bring the total amount of M2 grants by OCTA to local agencies to more than $556 million since 2011 in support of the development of a safe, efficient, and modern roadway system. A map displaying the 2024 RCP and RTSSP recommended project awards is provided in Attachment D.
City Council 13 – 11 10/15/2024
Comprehensive Transportation Funding Programs – Page 4
2024 Call for Projects Programming Recommendations
The recommendations were presented to both the OCTA Technical Steering Committee (TSC) and TAC in March 2024, and both committees voted to support staff’s recommendations. The TSC and TAC asked questions related to the difference between the funding target and the awards. The committees also discussed working with staff to review the guidelines as part of the next funding cycle in response to inflationary cost pressures, maintaining an aging roadway network, and consideration for multimodal solutions. The funding target for each year’s RCP and RTSSP call is established based on a cash flow estimate that considers M2 revenues and existing awards. It also assumes the continuation of annual calls into the future at a similar annual target. Any funds not awarded simply stay in the cash flow in the same program for future years. This is relevant because there appears to be a significant funding need, which may manifest within the next two to five years based on capital improvement plans submitted by the local jurisdictions. The M2 Ordinance requires M2 funds dedicated to specific projects and programs, such as the RCP and RTSSP, to be used for its voter-approved intent. The CTFP guidelines fulfill this commitment to the taxpayers. Staff will work to provide the TAC with more details on near-term anticipated projects, as well as a better understanding of the M2 voter commitments and opportunities to address some of the current issues through other means.
Next Steps
With Board approval of these recommendations, staff will initiate the execution of letter agreements between OCTA and the appropriate local jurisdictions. As these projects advance, staff will continue to monitor their status and project delivery through the semi-annual review process.
Summary
Programming recommendations that will award $31.61 million to 11 projects in M2 2024 RCP and RTSSP funds are presented for Board approval.
City Council 13 – 12 10/15/2024
Comprehensive Transportation Funding Programs – Page 5
2024 Call for Projects Programming Recommendations
Attachments
A.
B.
2024 Measure M2 Call for Projects – Applications Received 2024 M2 Regional Capacity Program (Project O) Call for Projects – Programming Recommendations
C.
D.
2024 M2 Regional Traffic Signal Synchronization Program (Project P) Call for Projects – Programming Recommendations
2024 Recommended Project O & P Awards Map
Prepared by: Approved by:
Adrian Salazar Kia Mortazavi
Senior Transportation Funding Analyst
(714) 560-5363
Executive Director, Planning
(714) 560-5741
City Council 13 – 13 10/15/2024
ATTACHMENT A
2024 Measure M2 Call for Projects – Applications Received Regional Capacity Program (Project O) Applications
Total M2
Agency Request
Dana Point
Project Fund Phase Match Rate Match Total Cost
Stonehill Drive Improvement Project ACE ENG 25% $ 687,000 $
$
$
$
515,250 $
$
$
$
$
171,750 $
$
$
$
$
Garden Grove
Irvine
Garden Grove Boulevard/Harbor Boulevard Intersection Improvement Jeffery Road and Barranca Parkway Intersection Improvements Crown Valley Parkway Westbound Improvement Project
ICE
ICE
CON
ROW, CON
ROW, CON
ENG
25%
25%
25%
25%
25%
4,274,963
1,104,221
11,177,179
2,365,200
1,424,987
368,074
5,699,950
1,472,295
14,902,905
3,153,600
Laguna Niguel
Santa Ana
Yorba Linda
ACE
ACE
ICE
3,725,726
Dyer Road Improvements (SR-55 to 700' E/O Pullman Street) 788,400 Yorba Linda Boulevard/Savi Ranch Parkway Improvements ROW $ 1,971,000 $ 657,000 $ 2,628,000 REQUESTED TOTALS $ 21,407,813 $ 7,135,937 $ 28,543,750
Regional Traffic Signal Synchronization Program (Project P) Applications Total M2
Agency Project Request 1Fund Signals Match Rate Match Total Cost Anaheim Ball Road-Taft Avenue Traffic Signal Synchronization Project2 RTSSP 37 20% $ $
$
$
1,756,774
1,498,451
2,974,355
2,655,656
$
$
$
$
439,194 $
$
$
$
2,195,968
Laguna Hills Paseo De Valencia - Moulton Parkway Confluence Bypass Corridor Alicia Parkway RTSSP Project
RTSSP
RTSSP
20 40
20%
20%
374,613
743,589
663,914
1,873,064
3,717,944
3,319,570
Laguna Niguel
Rancho Santa
Margarita Antonio Parkway - Avenida De Las Banderas - Avenida Empresa RTSSP Project Kraemer Boulevard/Glassell Street/Grand Avenue RTSSP Corridor RTSSP
RTSSP
38 62
20%
Santa Ana 20% $ 4,647,224 $ 1,161,806 $ 5,809,030
REQUESTED TOTALS $ 13,532,460 $ 3,383,116 $ 16,915,576
Acronyms:
E/O - East of
ACE - Arterial Capacity Enhancements
CON - Construction
ENG - Engineering
ICE - Intersection Capacity Enhancements
M2 - Measure M2
OCTA - Orange County Transportation Authority
ROW - Right-of-Way
RTSSP - Regional Traffic Signal Synchronization Program SR-55 - State Route 55
1. The City of San Clemente submitted but then withdrew a Project P application totaling $473k for timing work on El Camino Real that overlapped with OCTA's Countywide Baseline Project.
City Council 13 – 14 10/15/2024
ATTACHMENT B
2024 M2 Regional Capacity Program (Project O) Call for Projects - Programming Recommendations
Fiscal
Year
M2 Funding
Engineering
M2 Funding
Right-of-Way
M2 Funding
Construction*
Total M2
Funding
Estimated
Match
Total
Programming
Match
Agency Project Fund Phase Rate
Dana Point 24/25 Stonehill Drive Improvement Project1 ACE ENG $ 330,000 $ $
$
$
$
330,000 $
$
$
$
$
110,000 $ 440,000
6,087,856
1,353,485
12,603,371
3,153,600
25%
Garden Grove Boulevard/Harbor Boulevard
Intersection Improvement Garden Grove 2
Irvine
25/26
25/26
ICE
ICE
CON $
$
$
$
3,957,107
926,065
3,957,107
1,015,113
9,452,528
2,365,200
2,130,750
338,372
$
$
$
$
35%
25%
25%
25%
25%
Jeffery Road and Barranca Parkway
Intersection Improvements3
ROW,
CON $
$
89,049
24/25, Crown Valley Parkway Westbound
25/26 Improvement Project4
ROW,
CON Laguna Niguel
Santa Ana
Yorba Linda
ACE
ACE
ICE
1,781,514 7,671,014
2,365,200
3,150,842
788,400 Dyer Road Improvements (SR-55 to 700' E/O
Pullman Street) 24/25
24/25
ENG
Yorba Linda Boulevard/Savi Ranch Parkway
Improvements5 ROW $ 1,601,700 $ 1,601,700 $ 533,900 $ 2,135,600 PROGRAMMING TOTALS $ 330,000 $ 3,472,263 $ 14,919,385 $ 18,721,648 $ 7,052,264 $ 25,773,912 *Includes escalation of 2.6% for all right-of-way and construction projects programmed for fiscal year 2025/26.
Acronyms:
ACE - Arterial Capacity Enhancements ICE - Intersection Capacity Enhancements CON - Construction M2 - Measure M2
CTFP - Comprehensive Transportation Funding Programs
ROW - Right-of-Way
SR-55 - State Route 55
E/O - East of MPAH - Master Plan of Arterial Highways
ENG - Engineering OCTA - Orange County Transportation Authority
1. Applicant requested additional funding but award is reduced to reflect eligibility of items within project scope. Total project cost is $687k. The OCTA grant plus local match is listed as $440K; an additional $247k will be needed from local sources.
2. Applicant requested additional funding but award is reduced to reflect eligibility of items within project scope and correct match reduction. Total project cost is $6.48 million. The OCTA grant plus local match is listed as $6.08 million; an additional $548k is to come from local sources.
3. Applicant requested additional funding but award is reduced to reflect eligibility of items within project scope. Total project cost is $1.47 million. The OCTA grant plus local match is $1.35 million; an additional $158K is to come from local sources.
4. Applicant requested additional funding but award is reduced to reflect eligibilty of items within project scope. The recommended grant includes a minor exception to the CTFP guidelines to allow work within 600 feet from intersection for the benefit of the MPAH to reach a logical terminus on Forbes Road, south of the intersection. Total project cost is $14.5 million. The OCTA grant plus local match is $12.6 million; an additional $2.21 million is to come from local sources.
5. Applicant requested additional funding but award is reduced to reflect eligibility of items within project scope. The recommended grant includes a minor exception to the CTFP guidelines to allow work within a 600 feet from intersection for the benefit of the MPAH to reach a logical terminus on Mirage Street. Total project cost is $2.63 million. The OCTA grant plus local match is $2.14 million; an additional $492k is to come from local sources.
City Council 13 – 15 10/15/2024
ATTACHMENT C
2024 M2 Regional Traffic Signal Synchronization Program (Project P) Call for Projects - Programming Recommendations
M2 Funding
Primary
Implementation
M2 Funding
Operations &
Maintenance
Fiscal
Year
Total M2
Funding
Total
Agency Project Programming 1 Match
342,650
Match Rate
Anaheim 24/25 Ball Road-Taft Avenue Traffic Signal Synchronization Project2 $ 1,264,038 1,274,666
2,765,019
2,466,004
$
$
$
$
106,560
73,440
$
$
$
$
1,370,598 $
$
$
$
$
$
$
$
1,713,248
1,685,132
3,738,274
3,267,005
20%
Laguna Hills 24/25 Paseo De Valencia - Moulton Parkway Confluence Bypass Corridor3,4 $ $
$
1,348,106
2,990,619
2,613,604
337,026
747,655
653,401
20%
20%
20%
20%
Laguna Niguel
Rancho Santa Margarita
Santa Ana
24/25 Alicia Parkway RTSSP Project5 225,600
147,600 Antonio Parkway - Avenida De Las Banderas - Avenida Empresa 24/25 RTSSP Project6 24/25 Kraemer Boulevard/Glassell Street/Grand Avenue RTSSP Corridor7 $ $
4,425,166 $
$
143,360
696,560
$
$
4,568,526 $
$
1,142,132
3,222,864
$
$
5,710,658
PROGRAMMING TOTALS 12,194,893 12,891,453 16,114,317
Acronyms:
M2 - Measure M2
RTSSP - Regional Traffic Signal Synchronization Program
1. The City of San Clemente submitted but then withdrew a Project P application totaling $473k for timing work on El Camino Real that overlapped with OCTA's Countywide Baseline Project.
2. Project partners include Caltrans and City of Orange.
3. Project partner includes City of Laguna Woods.
4. Coordination with Alicia Parkway RTSSP project to achieve minimum signal count.
5. Project partners include Cities of Aliso Viejo, Caltrans, Laguna Hills, and Mission Viejo.
6. Project partners include Caltrans and County of Orange.
7. Project partners include Cities of Anaheim, Brea, Caltrans, Placentia, and Orange.
City Council 13 – 16 10/15/2024
2024 Recommended Project O & P Awards ATTACHMENT D
LA HABRA BREA LOS
ANGELES
SAN
BERNARDINO
PLACENTIA FULLERTON YORBA LINDA
Yorba Linda
Yorba Linda Boulevard/Savi Ranch Parkway
Improvements
BUENA
PARK RIVERSIDE
Santa Ana
ANAHEIM Kraemer Boulevard/Glassell Street/Grand Avenue
RTSSP Corridor
VILLA
PARK
STANTON
Anaheim
ORANGE Ball Road-Taft Avenue
Traffic Signal Synchronization Project
GARDEN GROVE !
WESTMINSTER UNINCORPORATED Garden Grove
Garden Grove Boulevard/Harbor Boulevard
Intersection Improvement
SANTA ANA TUSTIN
ORANGE
FOUNTAIN COUNTY
VALLEY
Santa Ana
HUNTINGTON Dyer Road
BEACH Improvements
Rancho Santa Margarita
Antonio Parkway- IRVINE
Irvine Avenida De Las Banderas-
! Jeffrey Road and Barranca Parkway Avenida Empresa
COSTA MESA Intersection Improvements RTSSP Project
LAKE
FOREST
Laguna Hills
Paseo de ValenciaMoulton Parkway
Confluence Bypass
Corridor
RANCHO
SANTA
MARGARITA
MISSION
NEWPORT BEACH LAGUNA WOODS VIEJO
Laguna Niguel
Alicia Parkway
RTSSP Project LAGUNA
HILLS
ALISO VIEJO
Laguna Niguel
Crown Valley Parkway Westbound
Improvement Project
LAGUNA
BEACH
! Project O Locations LAGUNA
NIGUEL
Project P Corridors SAN JUAN
Source: OCTA CAPISTRANO
RTSSP – Regional Traffic Signal Synchronization Program Z
0 2 4
DANA
POINT
Dana Point
Stonehill Drive
Improvement Project
SAN
CLEMENTE
Miles
4/22/2024
RTSSP - Regional Traffic Signal Synchronization Program City Council 13 – 17 10/15/2024
Comprehensive Transportation Funding Programs
2024 Call for Projects
Programming Recommendations
City Council 13 – 18 10/15/2024
Background
Program Project O Project P
Goals and Objective Project O provides funding to
complete the MPAH. In addition, the
program provides for intersection
improvements and other projects to
help improve street operations and
reduce congestion.
Project P targets to coordinate over
2,000 signalized intersections in the
County across jurisdictional boundaries
including cities, County of Orange, and
Caltrans.
% of M2 Allocation 10% of M2 Net Revenues 4% of M2 Net Revenues Call Amount
(on average)
Approximately $30 million awarded
per call.
Approximately $10.5 million awarded
per call.
Impact Through 13 calls, 180 projects
awarded, more than $387 million
(includes leveraged external funds).
Through 13 calls, 112 projects
awarded, more than $137 million
(includes leveraged external funds).
Call – Call for projects
Caltrans – California Department of Transportation
MPAH - Master Plan of Arterial Highways
M2 – Measure M2
City Council 13 – 19 10/15/2024 2
Regional Capacity Program
Closes gaps in the Project O Examples
local road network
Improves intersections
to enhance street
operations
Provides better
interfaces with the
highway system
Bastanchury
Road
Improvements
Project O funds
awarded to date:
$363.4 million
Newport
Boulevard
Improvements
City of
Brookhurst
Street
Improvements
Grand Avenue
Improvements
City of Santa Ana
City of Anaheim City of Yorba Linda
Newport Beach
City Council 13 – 20 10/15/2024 3
Regional Traffic Signal Synchronization
Project P Examples Reduces travel times,
stops, and delays
Invests in futureproofing the system
Improves traffic flow
and makes the system
more efficient
Project P funds
awarded to date:
$129.4 million
Irvine Center Drive /
Edinger Avenue
City of Irvine
Marguerite
Parkway
City of
Edinger Avenue
City of Fountain Valley
Mission Viejo
City Council 13 – 21 10/15/2024 4
Staff Recommendations
• Approve the 2024 RCP to fund six projects, totaling $18.72 million • Approve the 2024 RTSSP to fund five projects, totaling $12.89 million
RCP - Regional Capacity Program
RTSSP - Regional Traffic Signal Synchronization Program City Council 13 – 22 10/15/2024 5
Project O
Recommendations
Approve six projects totaling
$18.72 million in RCP funds
• $12.15 million for roadway
improvements
• $6.57 million for intersection
enhancements
City Council 13 – 23 10/15/2024 6
Project P
Recommendations
Approve five projects totaling
$12.89 million in RTSSP funds
▪ Improvements to194 signals
along 50 miles of streets
▪ Coordination of traffic flow
across 12 local jurisdictions
City Council 13 – 24 10/15/2024 7
2024 Call Timeline and Milestones
• March 27, 2024 – Technical Advisory Committee
• May 6, 2024 – Regional Transportation Planning Committee • May 13, 2024 – OCTA Board Final Approval
• July 1, 2024 – Programming of 2024 Project O & Project P Grants (subject to Board Approval)
Board – Board of Directors
OCTA – Orange County Transportation Authority
City Council 13 – 25 10/15/2024 8
EXHIBIT 4
City Council 13 – 26 10/15/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 15, 2024
TOPIC: Purchase Order Contracts for Fire Hydrants and Hydrant Parts
AGENDA TITLE
Aggregate Purchase Order Contracts to Core & Main LP and Ferguson Enterprises, LLC dba Ferguson WW for Fire Hydrants and Hydrant Parts (Specification No. 24-063) (Non-General Fund)
RECOMMENDED ACTION
Award aggregate purchase order contracts to the vendors listed below for the purchase of fire hydrants and fire hydrant parts on an as-needed basis, in an annual aggregate amount not to exceed $250,000, for an initial one-year term expiring October 14, 2025, with provisions for four, one-year renewal options.
Vendor
Core & Main LP
Location
Santa Ana, CA
Ferguson Enterprises, LLC Santa Ana, CA
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The Public Works Agency (PWA)’s Water Resources Division oversees and maintains daily operations of the water system and sanitary sewer system. The City’s water system is composed of approximately 478 miles of water mains, supplying the City’s drinking water, along with a sanitary sewer system of approximately 390 miles of sewer mains, serving 333,000 water valves, 4,855 fire hydrants, as well as over 8,200 sewer manholes and clean-outs.
This contract provides the equipment and parts for the fire hydrant replacement program. This program ensures satisfactory operations of fire hydrants while meeting regulatory compliance requirements. This is achieved through annual inspections and testing of hydrants. The City’s goal is to inspect and service all hydrants within a oneyear period.
Invitation for Bids (IFB) No. 24-063 was advertised on April 30, 2024 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:
City Council 14 – 1 10/15/2024
Aggregate Purchase Order Contracts for Fire Hydrants and Hydrant Parts October 15, 2024
225 Vendors notified
18 Santa Ana vendors notified
17 Vendors downloaded the bid packet
4 Bids received
3 Bids received from Santa Ana vendors
Bids were solicited, opened on May 28, 2024, and evaluated (Exhibit 1). Four bids were submitted by the IFB deadline, and three were determined to be responsive to the specifications and met the City’s requirements. The bid submitted by S-J Supply Co.
Inc. was deemed non-responsive as it did not meet the requirements of the IFB. The bids submitted by Core & Main LP and Ferguson Enterprises, LLC were determined to be the lowest, responsible, and responsive to the City’s specifications. To ensure sufficient resources are available at all times, staff recommends awarding aggregate blanket order contracts to Core & Main LP and Ferguson Enterprises, LLC.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are budgeted and available in the Water System Maintenance, Miscellaneous Operating Expenses (06017641-63001) expenditure account for Fiscal Year 2024-25.
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
FY 24-25 06017641-
63001 Water
Water System Maintenance,
Miscellaneous Operating
Expenses
$187,500
FY 25-26 06017641-
63001 Water
Water System Maintenance,
Miscellaneous Operating
Expenses
$250,000
FY 26-27 06017641-
63001 Water
Water System Maintenance,
Miscellaneous Operating
Expenses
$250,000
FY 27-28 06017641-
63001 Water
Water System Maintenance,
Miscellaneous Operating
Expenses
$250,000
FY 28-29 06017641-
63001 Water
Water System Maintenance,
Miscellaneous Operating
Expenses
$250,000
City Council 14 – 2 10/15/2024
Aggregate Purchase Order Contracts for Fire Hydrants and Hydrant Parts October 15, 2024
Fiscal
Year
Accounting
Unit –
Account #
Fund
Description
Accounting Unit,
Account Description Amount
FY 29-30 06017641-
63001 Water
Water System Maintenance,
Miscellaneous Operating
Expenses
$62,500
EXHIBIT(S)
1. Bid Abstract
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 14 – 3 10/15/2024
BIDDER LOCATION TOTAL
Core & Main LP Santa Ana, CA $ 729,589
Ferguson Enterprises LLC Santa Ana, CA $ 731,892
United Water Works, Inc. Santa Ana, CA $ 744,901
Fire Hydrants and Hydrant Parts (Bid No. 24-063)
ABSTRACT OF BIDS
EXHIBIT 1
City Council 14 – 4 10/15/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 15, 2024
TOPIC: Large Water Services Vault and Meter Apparatus Improvements
AGENDA TITLE
Agreement with Mike Prlich and Sons, Inc., T.E. Roberts, Inc., Big Ben, Inc., and J&L Constructors, Inc. for Large Water Services Vault and Meter Apparatus Improvements (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute agreements with Mike Prlich and Sons, Inc., T.E.
Roberts, Inc., Big Ben, Inc., and J&L Constructors, Inc. for large water meter services vault and meter apparatus improvements, for a total aggregate amount not to exceed $7,500,000, for a three-year term beginning October 15, 2024 and expiring October 14, 2027, with a provision for one two-year extension (Core Agreement No. 2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Public Works Agency’s Water Resources Division (Division) oversees the daily operations and maintenance of the City’s water and sanitary sewer systems. The water system is comprised of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure regulating stations, and seven connection points to the Metropolitan Water District. The system has an average daily demand of 30 million gallons from its roughly 45,150 metered service connections.
The City is in the process of delivering the Automated Metering Infrastructure (AMI) project, which will replace or retrofit all of the existing, manually-read water meters in the City with smart meters capable of communicating water consumption and other system information to both the utility and the customer. The Division has identified approximately 400 locations where the vault, valves, or other apparatus serving large water meters are in need of rehabilitation or replacement. Performing this work in coordination with the AMI project will provide operational and economic efficiencies, and should reduce the amount of time customers are without water.
On July 16, 2024, the Public Works Agency released Request for Proposal (RFP) No. 24-089 for qualified firms to provide large water services vault and meter apparatus City Council 15 – 1 10/15/2024
Large Water Services Vault and Meter Apparatus Improvements October 15, 2024
improvements. The RFP was advertised on the City’s online bid management and publication system, PlanetBids, with proposals due on August 8, 2024. System records indicate a total of 745 vendors were notified via PlanetBids, with 35 vendors downloading bidding documents. A total of five responsive proposals were received and reviewed by staff based on criteria outlined in the RFP. The following table summarizes the responding firms and their ranking:
Firm Location Rank
Mike Prlich and Sons, Inc. Baldwin Park, CA 1
T.E. Roberts, Inc. Irvine, CA 2
Big Ben, Inc. Irvine, CA 3
J&L Constructors, Inc. Huntington Beach, CA 4
G&A Nelos Construction, Inc. Lake Elsinore, CA 5
Dominguez General Engineering, Inc. Pomona, CA Not Responsive Staff recommends awarding agreements to Mike Prlich and Sons, Inc., T.E. Roberts, Inc., Big Ben, Inc., and J&L Constructors, Inc. (Exhibits 2-5).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
All funds are available for expenditure in Fiscal Year 2024-2025 budget, and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. Any remaining balances not expended at the end of the fiscal year will be carried forward into Fiscal Year 2025-26.
Fiscal
Year
Accounting
Unit - Account
#
Fund
Description
Accounting Unit,
Account Description Amount
2024-25
06017646-
62300 Water
Water Meter Services,
Contract Services -
Professional $1,450,000
2025-26 06017646-
62300 Water
Water Meter Services,
Contract Services -
Professional $4,000,000
2026-27 06017646-
62300 Water
Water Meter Services,
Contract Services -
Professional $2,000,000
Optional Two-Year Extension
City Council 15 – 2 10/15/2024
Large Water Services Vault and Meter Apparatus Improvements October 15, 2024
Fiscal
Year
Accounting
Unit - Account
#
Fund
Description
Accounting Unit,
Account Description Amount
2027-28 06017646-
62300 Water
Water Meter Services,
Contract Services -
Professional $25,000
2028-29 06017646-
62300 Water
Water Meter Services,
Contract Services -
Professional $25,000
TOTAL $7,500,000
EXHIBIT(S)
1. RFP No. 24-089
2. Agreement with Mike Prlich and Sons, Inc.
3. Agreement with T.E. Roberts, Inc.
4. Agreement with Big Ben, Inc.
5. Agreement with J&L Constructors, Inc.
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 15 – 3 10/15/2024
REQUEST FOR PROPOSAL NO.: 24-089
FOR
LARGE WATER SERVICES VAULT AND
METER APPARATUS IMPROVEMENTS
Approved for Release:
CITY OF SANT A ANA
PUBLIC WORKS AGENCY
220 S Daisy Avenue, Building A
Santa Ana, CA 92703
Leif Lovegren
Project Manager
(714) 647- 3327 Office
[email protected]
� Nabiiaba, PE
Executive Director
Public Works Agency
KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers.
Issue Date:
Deadline for Requests for Information:
Proposal Due Date:
Projected Award Date:
Tuesday, July 16, 2024
Thursday, August 1, 2024; at 12:00 P.M.
Thursday, August 8, 2024; at 2:00 P.M.
Tuesday,October8,2024
EXHIBIT 1
City Council 15 – 4 10/15/2024
CITY OF SANTA ANA
TABLE OF CONTENTS
I. BACKGROUND ........................................................................................................................... 3 II. OVERVIEW OF PROJECT .......................................................................................................... 3 III. TERM OF AGREEMENT ............................................................................................................ 3 IV. MINIMUM QUALIFICATIONS ...................................................................................................... 3 V. RESPONSE TO RFP .................................................................................................................. 3 VI. CERTIFICATIONS (ATTACHMENTS) ......................................................................................... 7 VII. REFERENCES ............................................................................................................................ 8 VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE ......................................................................... 8 IX. SELECTION PROCEDURES & CRITERIA ................................................................................. 8 X. WITHDRAWALS........................................................................................................................ 10 XI. GENERAL TERMS AND CONDITIONS .................................................................................... 10 XII. AWARD OF AGREEMENT ........................................................................................................ 14 XIII. IMPLEMENTATION ................................................................................................................... 15
EXHIBITS
Exhibits provided herein for Proposers’ reference only.
EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE AGREEMENT
ATTACHMENTS
A PROPOSER’S CERTIFICATION, PROPOSAL PRICING
B REFERENCES
C PROPOSER’S STATEMENT
D NON-COLLUSION AFFIDAVIT
E NON-LOBBYING CERTIFICATION
F NON-DISCRIMINATION CERTIFICATION
G SUBCONTRACTOR DESIGNATION FORM
City Council 15 – 5 10/15/2024
CITY OF SANTA ANA
I. BACKGROUND
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.org/
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking Proposals from qualified contractors (Proposers) to provide Large Water Services Vault and Meter Apparatus Improvement services. See EXHIBIT I for complete Scope of Services.
The term “Vendor”, “Proposer”, “Firm”, “Consultants”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP).
III. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial 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.
IV. MINIMUM QUALIFICATIONS
1) Contractor must have been in business continuously for the most recent five (5) years prior to the date of this RFP.
2) Minimum three (3) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP.
V. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted.
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- City Council 15 – 6 10/15/2024
CITY OF SANTA ANA
1771. Questions of an operational nature may be directed to the City’s assigned Buyer.
Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.
Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.
All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.
The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.
Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.
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.
City Council 15 – 7 10/15/2024
CITY OF SANTA ANA
Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.
F. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.
G. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.
1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City’s required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following:
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:
Leif Lovegren, Project Manager
City of Santa Ana – Public Works Agency
220 S. Daisy Avenue, M-85
Santa Ana, CA 92703
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the City as described in EXHIBIT I – Scope of Services.
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions contained in EXHIBIT II – Sample Agreement of this RFP (if any).
City Council 15 – 8 10/15/2024
CITY OF SANTA ANA
d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:
i. A general description of the firm, including size and number of employees working directly with the City on this agreement.
ii. Firm’s nearest address serving the City of Santa Ana and headquarters address.
iii. Name and contact information of the supervising Project Manage/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing relevant experience. e. Proposed Work Plan
Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services.
Additionally, proposed work plan shall include Proposers’:
i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. f. References
Attachment B – References shall be submitted for similar projects performed for state and/or similar government clients.
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. If providing hourly rate sheets, Proposer shall not include rate ranges or averages.
The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure.
Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.
City Council 15 – 9 10/15/2024
CITY OF SANTA ANA
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 ask relevant information. The decision from the Purchasing Manager, or his/her designee, is final and no further appeals will be considered.
VI. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
• Attachment A: Proposer’s Certification and Proposal Item Pricing • Attachment B: References
• Attachment C: Proposer’s Statement
• Attachment D: Non-Collusion Affidavit
• Attachment E: Non-Lobbying Certification
• Attachment F: Non-Discrimination Certification
• Attachment G: Subcontractor Designation Form
City Council 15 – 10 10/15/2024
CITY OF SANTA ANA
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.
VII. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references.
City may disqualify a Proposer if:
• References fail to substantiate Proposer’s description of services and deliverables provided; or
• References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.
VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE
See EXHIBIT II – Sample Agreement
IX. SELECTION PROCEDURES & CRITERIA
A. Evaluation: The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below.
City Council 15 – 11 10/15/2024
CITY OF SANTA ANA
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 will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate.
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.
30 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.
30 References
• References that are similar in size and project scope to the City. 5 TOTAL POSSIBLE SCORE 100
City Council 15 – 12 10/15/2024
CITY OF SANTA ANA
X. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible.
XI. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected proposer must obtain a City of Santa Ana Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the City’s website: www.santa-ana.org
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.
Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract.
City Council 15 – 13 10/15/2024
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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 become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
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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. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture.
Should the use of sub-consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor.
The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors.
N. 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.
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Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City.
O. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.
P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.
Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.
Q. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.
R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.
S. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City.
T. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.
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Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel.
U. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.
V. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.
W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.
X. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.
Y. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work.
The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors.
XII. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.
A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, City Council 15 – 17 10/15/2024
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insurance documents and contents of the payment information packet have been received and approved.
XIII. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling.
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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Contractor/Consultant shall perform services as set forth below.
INTRODUCTION/BACKGROUND
The City of Santa Ana (City) intends to select up to three (3) qualified contractors to provide construction services for the City’s large water service vaults and meter apparatus at up to 400 locations throughout the City. These services vary depending on the meter size (3” – 10”). Each contractor selected will enter into a Construction Services Agreement to provide such services.
Throughout the term of the Construction Services Agreement, the City may request task order proposals for individual projects and/or programs as the need for such services arises.
A separate Notice-to-Proceed (NTP) will be issued based on an agreed-upon specific scope of services and fee for each task order. The Contractor may utilize in-house staff and/or subcontractors to complete each task order. For specialized work for which the prime contractor shall require a sub-contractor, the prime contractor shall serve as an administrative liaison between the City and the sub-contractor, and include these administrative costs in their proposed project management fees.
Prime contractor mark-ups for sub-contractor work will not be allowed.
SCOPE OF SERVICES
The City is currently in the process of implementing an Automated Metering Infrastructure (AMI) program for water service connections in the City. The installation of meters is ongoing, however, the City of Santa Ana Public Works Agency desires to engage a contractor for Large Water Service Vault and Meter Apparatus Improvements. The Contractor shall provide construction services including, but not limited to, rehabilitating or replacing water meter vaults, replacing large water meters, replacing water meter valves and water meter apparatus appurtenances as needed.
DESCRIPTION OF WORK
The Contractor will be expected to conduct a site survey of each meter location and assess current field conditions of each meter assembly and apparatus prior to ordering any materials necessary to complete each meter replacement. All water meter system valves and meter related appurtenances shall be operable upon new meter installation.
The work may consist of removing the existing analog water meter and replacing with a new digital smart meter per the specifications provided by the City. It may, alternatively, consist of replacing additional equipment but not limited to water meter valves, spools, and fittings as needed. Upon installation, the new water meter shall be configured to enable wireless communication.
In addition, the work may consist of demolishing and removing an existing substandard water
EXHIBIT I
SCOPE OF SERVICES
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meter vault and replacing it with a new vault. In the event field conditions require, the installation of water meter vaults and decks shall be as specified in City Standard Plan No. 1403D. All vaults shall be recessed flush with existing pavement to avoid tripping hazards. It is the contractor’s responsibility to provide alternatives to the project manager.
It shall be the Contractor’s responsibility to mobilize, deliver all materials to site, provide traffic control per the WATCH manual, restore and cleanup site, and provide any incidentals required to complete the work in place.
All water service turn offs shall be coordinated with the City and the affected resident. The Contractor shall notify property owner/tenants to be affected, a minimum of 72 hours in advance of work being performed. Under no circumstances shall a customer be without water service for more than 4 hours.
CONTRACTOR RESPONSIBILITIES
The Contractor shall provide all labor, materials, services, and equipment necessary for the completion of the work entailed as specified by the project manager, standard plans and project specifications detailed herein. All work shall be in accordance with applicable trade practices, workmanship, meet warranties and shall conform to all applicable laws, codes and regulations.
All work that cannot be completed within one day shall be steel plated and safe for pedestrian or vehicular traffic. If the vault is located within a vehicle travel lane, the steel plate shall be recessed to street grade.
Business hours are considered from 7:00 A.M. to 5:00 P.M. (Monday through Friday). Any time outside of business hours of operation may be considered after hours/weekends. The Contractor shall provide all necessary traffic control and obtain permits as necessary.
All work will be scheduled upon confirmation of scope and cost and completed within the time agreed upon for each specific item of work. The Contractor may not begin work before receiving a written Notice to Proceed by the City’s Project Manager. All services, equipment and materials provided by the Contractor must be in accordance with all applicable Federal, State and local regulations, laws, and codes.
CITY REPONSIBILITIES
The City will provide access to the information in its possession and systems/software platforms relevant to the preparation of the required information in the RFP. The City will provide smart meters and antennas required for each location. In addition, the City will conduct field survey with the Contractor and provide available as-built/record information. Selected contractors are expected to perform a substantial review of the project’s schedule and milestones to-date, and be familiar with all software platforms and data sources being utilized.
FEE PROPOSAL
In addition to Section III.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be City Council 15 – 20 10/15/2024
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structured as follows:
The fee proposal shall include the Contractor’s standard hourly fee schedule, and/or project fee schedule where applicable and as outline in this document. A list of all positions and hourly rates required to perform the services described herein.
A more detailed scope of work will be provided when/if a Task Order proposal is requested of a contractor. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project.
OTHER TERMS AND CONDITIONS
1. The project will be implemented in compliance with the City of Santa Ana’s policies, as well as Prevailing Wages and State/Federal Requirements.
2. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.
3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals.
4. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.
5. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises.
All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a “Certification of NonDiscrimination by Contractors” for each firm on their team.
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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
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security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”).
Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE (Subject to revision per RMD requirements) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease.
If Vendor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Vendor’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. Vendor’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Vendor under this Agreement.
3. For any claims related to this contract, Vendor’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
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4. A severability of interest provision must apply for all the additional insureds, ensuring that Vendor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Vendor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Vendor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive Vendor’s obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation 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.
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8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement 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.
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Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City Council 15 – 26 10/15/2024
CITY OF SANTA ANA
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, ------- Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Contractor:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk Acting City Manager
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
City Council 15 – 27 10/15/2024
CITY OF SANTA ANA
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)
City Council 15 – 28 10/15/2024
CITY OF SANTA ANA
Contractor shall submit additional labor, material and equipment rates along with the Fee Schedule.
Contractor’s labor and equipment rate sheet shall list rates for all labor designations, equipment and materials. Specify and estimate any other costs associated with the system.
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.
Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City’s Public Works Agency.
PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.
__________________________________________________________________________________
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________
BUSINESS ADDRESS
__________________________________________________________________________________
PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)
__________________________________________________________________________________
CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
City Council 15 – 29 10/15/2024
CITY OF SANTA ANA
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT B
REFERENCES
City Council 15 – 30 10/15/2024
CITY OF SANTA ANA
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP.
Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT C
PROPOSER’S STATEMENT
City Council 15 – 31 10/15/2024
CITY OF SANTA ANA
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.
Signed____________________________________________________________________________ State of ________, County of __________________________________________________________ Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
________________________
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
City Council 15 – 32 10/15/2024
CITY OF SANTA ANA
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
ATTACHMENT E
NON-LOBBYING CERTIFICATION
City Council 15 – 33 10/15/2024
CITY OF SANTA ANA
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
1. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.
2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
City Council 15 – 34 10/15/2024
CITY OF SANTA ANA
or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City Council 15 – 35 10/15/2024
EXHIBIT 2
AGREEMENT TO PROVIDE LARGE WATER SERVICES VAULT AND METER
APPARATUS IMPROVEMENTS
THIS AGREEMENT is made and entered into on this 15th day of October 2024 by and between Mike Prlich and Sons, Inc. (“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.
B.
C.
On July 16, 2024, the City issued Request for Proposal No. 24-089, by which it sought a contractor to provide large water services vaults and meter apparatus improvements for the City’s water system.
Contractor submitted a proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-089.
In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. Contractor is one of four (4) contractors selected to provide services under RFP 24-089. The total aggregate amount to be expended for all services provided under RFP 24-089 during the term of this Agreement shall not exceed $7,500,000.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
City Council 15 – 36 10/15/2024
This Agreement shall commence on the date first written above for 3-year term with the option for the City to grant one 2-year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub-contractors. Total cost of such insurance shall be borne by Contractor.
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 0001 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than City Council 15 – 37 10/15/2024
$3,000,000 per occurrence and $5,000,000 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits.
2. Automobile Liability (AL). Insurance Services Office Form CA 0001 covering Code 1(any auto), with combined single limit no less than $2,000,000.
3. Workers’ Compensation (WC). As required by the State of California, with statutory limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident, policy, employee for bodily injury or disease.
4. Surety Bonds as described below.
These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City’s rights under this contract.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by City. At the option of City, Contractor shall cause its insurer(s) to reduce or eliminate such self-insured retentions as respects City; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor’s CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Contractor. Additional insured status can be provided in the form of an endorsement to Contractor’s insurance.
2. For any claims related to this project, Contractor’s insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it.
3. 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.
4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers” by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s).
5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended, voided, reduced in scope or in limits, non-renewed by the carrier, or materially changed except City Council 15 – 38 10/15/2024
after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non-renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention:
Leif Lovegren, 215 S. Center Street, Santa Ana, CA 92703. The name and location of project must be indicated in the Description of Operations section of each certificate.
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name City of Santa Ana as a loss payee as its interest may appear.
If the project does not involve new or major reconstruction, at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at City’s site.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to CITY.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub-contractors.
Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive City Council 15 – 39 10/15/2024
Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Sub-Contractors
Contractor shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach.
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 circumstances.
7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial 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 City Council 15 – 40 10/15/2024
from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
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Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of 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.
City Council 15 – 42 10/15/2024
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
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 Council 15 – 43 10/15/2024
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
Michael A. Prlich
Mike Prlich and Sons, Inc.
5103 Elton Street
Baldwin Park, CA 91706
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.
c.
The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Contractor is providing services not contemplated by this Agreement.
All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signatures on following page]
City Council 15 – 44 10/15/2024
Digitally signed by Nabil
Saba Nabil Saba Date: 2024.09.30 09:37:06
-07'00'
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EXHIBIT A - SCOPE OF WORK
CITY OF SANTA ANA
EXHIBIT I
SCOPE OF SERVICES
Contractor/Consultant shall perform services as set forth below.
INTRODUCTION/BACKGROUND
The City of Santa Ana (City) intends to select up to three (3) qualified contractors to provide construction services for the City’s large water service vaults and meter apparatus at up to 400 locations throughout the City. These services vary depending on the meter size (3” – 10”). Each contractor selected will enter into a Construction Services Agreement to provide such services.
Throughout the term of the Construction Services Agreement, the City may request task order proposals for individual projects and/or programs as the need for such services arises.
A separate Notice-to-Proceed (NTP) will be issued based on an agreed-upon specific scope of services and fee for each task order. The Contractor may utilize in-house staff and/or subcontractors to complete each task order. For specialized work for which the prime contractor shall require a sub-contractor, the prime contractor shall serve as an administrative liaison between the City and the sub-contractor, and include these administrative costs in their proposed project management fees.
Prime contractor mark-ups for sub-contractor work will not be allowed.
SCOPE OF SERVICES
The City is currently in the process of implementing an Automated Metering Infrastructure (AMI) program for water service connections in the City. The installation of meters is ongoing, however, the City of Santa Ana Public Works Agency desires to engage a contractor for Large Water Service Vault and Meter Apparatus Improvements. The Contractor shall provide construction services including, but not limited to, rehabilitating or replacing water meter vaults, replacing large water meters, replacing water meter valves and water meter apparatus appurtenances as needed.
DESCRIPTION OF WORK
The Contractor will be expected to conduct a site survey of each meter location and assess current field conditions of each meter assembly and apparatus prior to ordering any materials necessary to complete each meter replacement. All water meter system valves and meter related appurtenances shall be operable upon new meter installation.
The work may consist of removing the existing analog water meter and replacing with a new digital smart meter per the specifications provided by the City. It may, alternatively, consist of replacing additional equipment but not limited to water meter valves, spools, and fittings as needed. Upon installation, the new water meter shall be configured to enable wireless communication.
In addition, the work may consist of demolishing and removing an existing substandard water City Council 15 – 46 10/15/2024
CITY OF SANTA ANA
meter vault and replacing it with a new vault. In the event field conditions require, the installation of water meter vaults and decks shall be as specified in City Standard Plan No. 1403D. All vaults shall be recessed flush with existing pavement to avoid tripping hazards. It is the contractor’s responsibility to provide alternatives to the project manager.
It shall be the Contractor’s responsibility to mobilize, deliver all materials to site, provide traffic control per the WATCH manual, restore and cleanup site, and provide any incidentals required to complete the work in place.
All water service turn offs shall be coordinated with the City and the affected resident. The Contractor shall notify property owner/tenants to be affected, a minimum of 72 hours in advance of work being performed. Under no circumstances shall a customer be without water service for more than 4 hours.
CONTRACTOR RESPONSIBILITIES
The Contractor shall provide all labor, materials, services, and equipment necessary for the completion of the work entailed as specified by the project manager, standard plans and project specifications detailed herein. All work shall be in accordance with applicable trade practices, workmanship, meet warranties and shall conform to all applicable laws, codes and regulations.
All work that cannot be completed within one day shall be steel plated and safe for pedestrian or vehicular traffic. If the vault is located within a vehicle travel lane, the steel plate shall be recessed to street grade.
Business hours are considered from 7:00 A.M. to 5:00 P.M. (Monday through Friday). Any time outside of business hours of operation may be considered after hours/weekends. The Contractor shall provide all necessary traffic control and obtain permits as necessary.
All work will be scheduled upon confirmation of scope and cost and completed within the time agreed upon for each specific item of work. The Contractor may not begin work before receiving a written Notice to Proceed by the City’s Project Manager. All services, equipment and materials provided by the Contractor must be in accordance with all applicable Federal, State and local regulations, laws, and codes.
CITY REPONSIBILITIES
The City will provide access to the information in its possession and systems/software platforms relevant to the preparation of the required information in the RFP. The City will provide smart meters and antennas required for each location. In addition, the City will conduct field survey with the Contractor and provide available as-built/record information. Selected contractors are expected to perform a substantial review of the project’s schedule and milestones to-date, and be familiar with all software platforms and data sources being utilized.
FEE PROPOSAL
In addition to Section III.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be City Council 15 – 47 10/15/2024
CITY OF SANTA ANA
structured as follows:
The fee proposal shall include the Contractor’s standard hourly fee schedule, and/or project fee schedule where applicable and as outline in this document. A list of all positions and hourly rates required to perform the services described herein.
A more detailed scope of work will be provided when/if a Task Order proposal is requested of a contractor. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project.
OTHER TERMS AND CONDITIONS
1. The project will be implemented in compliance with the City of Santa Ana’s policies, as well as Prevailing Wages and State/Federal Requirements.
2. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.
3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals.
4. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.
5. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises.
All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a “Certification of NonDiscrimination by Contractors” for each firm on their team.
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EXHIBIT B - FEE PROPOSAL
City of Santa Ana
Requst for Proposal No: 24-89 - Cost Propoal, Part I - Labor Rates
LARGE WATER SERVICES VAULT AND METER APPARATUS IMPROVEMENTS Mike Prlich and Sons, Inc.
Labor Rates w/ 20% mark-up
CRAFT TIME 2024 Rate 2025 Rate 2026 Rate
Laborer App. 6 ST $
$
$
86.00 118.00 $ 123.00
149.00 $ 156.00
$ 90.00 $
$
$
94.00 128.00
163.00
OT
DT
Laborer Grp. 4 ST $
$
$
114.00 $ 119.00
153.00 $ 160.00
191.00 $ 199.00
$
$
$
124.00
167.00
207.00
OT
DT
Teamster Grp. 5 ST $
$
$
128.00 $ 134.00
170.00 $ 177.00
210.00 $ 219.00
$
$
$
140.00
184.00
228.00
OT
DT
Operator Eng. Grp. 8 ST $
$
$
147.00 $ 153.00
197.00 $ 205.00
248.00 $ 158.00
$
$
$
160.00
214.00
165.00
OT
DT
Foreman ST $
$
$
201.00 $ 209.00
263.00 $ 274.00
336.00 $ 350.00
$
$
$
218.00
285.00
364.00
OT
DT
Project Manager ST $
$
$
207.00 $ 216.00
271.00 $ 282.00
345.00 $ 359.00
$
$
$
225.00
294.00
374.00
OT
DT
City Council 15 – 49 10/15/2024
Mike Prlich and Sons, Inc.
5103 Elton Street
Baldwin Park, CA 91706
City of Santa Ana 626/813-1700
Request for Proposal No: 24-8 - Cost Proposal - Part II - Equipment Rates
LARGE WATER SERVICES VAULT AND METER APPARATUS IMPROVEMENTS Mike Prlich and Sons, Inc.
A. General Equipment
Utility Truck Hourly
Hourly
$
$
75.00 Pick-Up Truck 65.00
A. Compressors and Pnuematic Equipment
Air Compressor 49.5 HP Hourly
Hourly
$
$
65.00 90 lb Jack Hammer 17.00
C. Portable Generators
Generator small Hourly
Hourly
$
$
23.00 Generator 45-49 KVA 52.00
D. Portable Lighting
Light Tower Hourly $ 24.00
E. Traffic Control Equipment & Shoring /Bracing
Arrow Board Daily
Daily
Daily
Daily
Daily
Daily
Daily
Daily
Daily
Daily
Daily
Daily
$
$
$
$
$
$
$
$
$
$
$
$
140.00
200.00
9.00 Changeable Message Board
Type I, II, III Barricades w/ Lighthing
Type I, II, III Barricades w/o Lighthing
Traffic Control Delineators, 36" and 28" Cones
8'x5' Non-Skid Traffic Plate, 1"
8'x10' Non-Skid Traffic Plate, 1"
8'x12' Non-Skid Traffic Plate, 1"
8'x15' Non-Skid Traffic Plate, 1"
Hydraulic Shores
7.00 per 100 100.00
12.00 14.00
16.00 20.00
35.00 400.00
275.00
Trench Shield 8 x 12
Trench Shield 8 x 8
F. Excavation Equipment
Backhoe Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
98.00 65.00
165.00
270.00
80.00 75.00
65.00 75.00
120.00
30.00 90.00
100.00
68.00 50.00
150.00
Mini Excavator
Small Excavator 30k
Medium Excavator 50k
Wheel Loader
Skid Steer Loader
Attachment Hoe Ram
Attachment Cold Planer
Concrete Saw walk behind
500 Gallon Water Trailer
2000 Gallon Water Truck
10-Wheel Dump Truck
Bobtail Dump Truck
3-axle Trailer
Low Bed (5-axle) w/ truck
G. Compaction Equipment
Roller/Compactor Daily
Daily
$
$
26.00 Jumping Jack 15.00
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EXHIBIT 3
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Nabil Saba Digitally signed by Nabil Saba
Date: 2024.09.30 09:38:46
-07'00'
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AGREEMENT TO PROVIDE LARGE WATER SERVICES VAULT AND METER
APPARATUS IMPROVEMENTS
THIS AGREEMENT is made and entered into on this 15th day of October 2024 by and between Big Ben, Inc. (“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 July 16, 2024, the City issued Request for Proposal No. 24-089, by which it sought a contractor to provide large water services vaults and meter apparatus improvements for the City’s water system.
B. Contractor submitted a proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-089.
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. Contractor is one of four (4) contractors selected to provide services under RFP 24-089. The total aggregate amount to be expended for all services provided under RFP 24-089 during the term of this Agreement shall not exceed $7,500,000.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
EXHIBIT 4
City Council 15 – 65 10/15/2024
This Agreement shall commence on the date first written above for 3-year term with the option for the City to grant one 2-year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub-contractors. Total cost of such insurance shall be borne by Contractor.
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 0001 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than City Council 15 – 66 10/15/2024
$3,000,000 per occurrence and $5,000,000 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits.
2. Automobile Liability (AL). Insurance Services Office Form CA 0001 covering Code 1(any auto), with combined single limit no less than $2,000,000.
3. Workers’ Compensation (WC). As required by the State of California, with statutory limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident, policy, employee for bodily injury or disease.
4. Surety Bonds as described below.
These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City’s rights under this contract.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by City. At the option of City, Contractor shall cause its insurer(s) to reduce or eliminate such self-insured retentions as respects City; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor’s CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Contractor. Additional insured status can be provided in the form of an endorsement to Contractor’s insurance.
2. For any claims related to this project, Contractor’s insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it.
3. 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.
4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers” by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s).
5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended, voided, reduced in scope or in limits, non-renewed by the carrier, or materially changed except City Council 15 – 67 10/15/2024
after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non-renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention:
Leif Lovegren, 215 S. Center Street, Santa Ana, CA 92703. The name and location of project must be indicated in the Description of Operations section of each certificate.
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name City of Santa Ana as a loss payee as its interest may appear.
If the project does not involve new or major reconstruction, at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at City’s site.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to CITY.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub-contractors.
Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive City Council 15 – 68 10/15/2024
Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Sub-Contractors
Contractor shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach.
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 circumstances.
7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial 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 City Council 15 – 69 10/15/2024
from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
City Council 15 – 70 10/15/2024
Contractor covenantsthat it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of 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.
City Council 15 – 71 10/15/2024
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
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 Council 15 – 72 10/15/2024
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, 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 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.
[signatures on following page]
Sep Sharifi
Big Ben, Inc.
4790 Irvine Blvd. #105-404
Irvine, CA 92620
City Council 15 – 73 10/15/2024
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez,
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONTRACTOR:
City Attorney
By:
Kyle Nellesen
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Work Agency
Sep Sharifi
CEO
Nabil Saba
Digitally signed by Nabil
Saba
Date: 2024.09.30 09:40:26
-07'00'
City Council 15 – 74 10/15/2024
CITY OF SANTA ANA
Contractor/Consultant shall perform services as set forth below.
INTRODUCTION/BACKGROUND
The City of Santa Ana (City) intends to select up to three (3) qualified contractors to provide construction services for the City’s large water service vaults and meter apparatus at up to 400 locations throughout the City. These services vary depending on the meter size (3” – 10”). Each contractor selected will enter into a Construction Services Agreement to provide such services.
Throughout the term of the Construction Services Agreement, the City may request task order proposals for individual projects and/or programs as the need for such services arises.
A separate Notice-to-Proceed (NTP) will be issued based on an agreed-upon specific scope of services and fee for each task order. The Contractor may utilize in-house staff and/or subcontractors to complete each task order. For specialized work for which the prime contractor shall require a sub-contractor, the prime contractor shall serve as an administrative liaison between the City and the sub-contractor, and include these administrative costs in their proposed project management fees.
Prime contractor mark-ups for sub-contractor work will not be allowed.
SCOPE OF SERVICES
The City is currently in the process of implementing an Automated Metering Infrastructure (AMI) program for water service connections in the City. The installation of meters is ongoing, however, the City of Santa Ana Public Works Agency desires to engage a contractor for Large Water Service Vault and Meter Apparatus Improvements. The Contractor shall provide construction services including, but not limited to, rehabilitating or replacing water meter vaults, replacing large water meters, replacing water meter valves and water meter apparatus appurtenances as needed.
DESCRIPTION OF WORK
The Contractor will be expected to conduct a site survey of each meter location and assess current field conditions of each meter assembly and apparatus prior to ordering any materials necessary to complete each meter replacement. All water meter system valves and meter related appurtenances shall be operable upon new meter installation.
The work may consist of removing the existing analog water meter and replacing with a new digital smart meter per the specifications provided by the City. It may, alternatively, consist of replacing additional equipment but not limited to water meter valves, spools, and fittings as needed. Upon installation, the new water meter shall be configured to enable wireless communication.
In addition, the work may consist of demolishing and removing an existing substandard water
EXHIBIT I
SCOPE OF SERVICES
EXHIBIT A - SCOPE OF WORK
City Council 15 – 75 10/15/2024
CITY OF SANTA ANA
meter vault and replacing it with a new vault. In the event field conditions require, the installation of water meter vaults and decks shall be as specified in City Standard Plan No. 1403D. All vaults shall be recessed flush with existing pavement to avoid tripping hazards. It is the contractor’s responsibility to provide alternatives to the project manager.
It shall be the Contractor’s responsibility to mobilize, deliver all materials to site, provide traffic control per the WATCH manual, restore and cleanup site, and provide any incidentals required to complete the work in place.
All water service turn offs shall be coordinated with the City and the affected resident. The Contractor shall notify property owner/tenants to be affected, a minimum of 72 hours in advance of work being performed. Under no circumstances shall a customer be without water service for more than 4 hours.
CONTRACTOR RESPONSIBILITIES
The Contractor shall provide all labor, materials, services, and equipment necessary for the completion of the work entailed as specified by the project manager, standard plans and project specifications detailed herein. All work shall be in accordance with applicable trade practices, workmanship, meet warranties and shall conform to all applicable laws, codes and regulations.
All work that cannot be completed within one day shall be steel plated and safe for pedestrian or vehicular traffic. If the vault is located within a vehicle travel lane, the steel plate shall be recessed to street grade.
Business hours are considered from 7:00 A.M. to 5:00 P.M. (Monday through Friday). Any time outside of business hours of operation may be considered after hours/weekends. The Contractor shall provide all necessary traffic control and obtain permits as necessary.
All work will be scheduled upon confirmation of scope and cost and completed within the time agreed upon for each specific item of work. The Contractor may not begin work before receiving a written Notice to Proceed by the City’s Project Manager. All services, equipment and materials provided by the Contractor must be in accordance with all applicable Federal, State and local regulations, laws, and codes.
CITY REPONSIBILITIES
The City will provide access to the information in its possession and systems/software platforms relevant to the preparation of the required information in the RFP. The City will provide smart meters and antennas required for each location. In addition, the City will conduct field survey with the Contractor and provide available as-built/record information. Selected contractors are expected to perform a substantial review of the project’s schedule and milestones to-date, and be familiar with all software platforms and data sources being utilized.
FEE PROPOSAL
In addition to Section III.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be City Council 15 – 76 10/15/2024
CITY OF SANTA ANA
structured as follows:
The fee proposal shall include the Contractor’s standard hourly fee schedule, and/or project fee schedule where applicable and as outline in this document. A list of all positions and hourly rates required to perform the services described herein.
A more detailed scope of work will be provided when/if a Task Order proposal is requested of a contractor. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project.
OTHER TERMS AND CONDITIONS
1. The project will be implemented in compliance with the City of Santa Ana’s policies, as well as Prevailing Wages and State/Federal Requirements.
2. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.
3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals.
4. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.
5. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises.
All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a “Certification of NonDiscrimination by Contractors” for each firm on their team.
City Council 15 – 77 10/15/2024
Big Ben Engineering, Inc.
4790 Irvine Blvd. #105-404
Irvine, CA 92620
Standard Time
(per hour)
Overtime
(per hour)
Double Time
(per hour)
$ 120.00 $ 180.00 $ 240.00
$ 120.00 $ 180.00 $ 240.00
$ 98.00 $ 147.00 $ 196.00
$ 95.00 $ 142.50 $ 190.00
$ 70.00 $ 105.00 $ 140.00
$ 185.00 $ 277.50 $ 370.00
$ 95.00 $ 142.50 $ 190.00
A/C Grinder w/ Broom $ 125.00
Arrow board $ 15.00
Blade $ 500.00
Cement Mixer $ 10.00
Compaction Testing $ 125.00
Compactor $ 7.00
Compressor $ 20.00
Concrete/Asphalt Saw $ 15.00
Concrete Finisher $ 100.00
Dump Truck $ 110.00
Excavator (140 – 270 Net HP) $ 130.00
Excavator (80 – 125 Net HP) $ 60.00
Hydraulic Breaker, Backhoe $ 30.00
Jackhammer $ 20.00
Loader Backhoe (70 – 99 Net
HP) $ 65.00
Loader Backhoe (100 – 129
Net HP) $ 60.00
Pneumatic Tools $ 10.00
Power Broom $ 25.00
Saw Truck $ 150.00
Semi-Truck $ 110.00
Skid Steer Loader $ 35.00
Skip Loader $ 45.00
Street Sweeper $ 175.00
Test Pump $ 30.00
Trench Plates $ 175.00
Tool/Service Truck $ 25.00
Vacuum Truck $ 550.00
Vibra Plate $ 10.00
Whacker Walk Behind Roller $ 20.00
Wheel Loader (2 – 3 yards) $ 50.00
Water Pump $ 5.00
Water Truck $ 40.00
Zipper (asphalt trencher) $ 40.00
Company Name
Name Sep Sharifi
Title President
Date 08/06/2024
Big Ben Engineering
Labor and Equipment Rate Sheet
(BIG BEN 2024)
Base Equipment (Owned) Per Hour
Base Labor
Superintendent/Foreman
Operator
Pipe layer
Laborer
Driver
Welder
Mason
*Ovetime multiplier shall be applied
to hourly rates only
1/1
EXHIBIT B - FEE PROPOSAL
City Council 15 – 78 10/15/2024
AGREEMENT TO PROVIDE LARGE WATER SERVICES VAULT AND METER
APPARATUS IMPROVEMENTS
THIS AGREEMENT is made and entered into on this 15th day of October 2024 by and between J&L Constructors, Inc. (“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 July 16, 2024, the City issued Request for Proposal No. 24-089, by which it sought a contractor to provide large water services vaults and meter apparatus improvements for the City’s water system.
B. Contractor submitted a proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-089.
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. Contractor is one of four (4) contractors selected to provide services under RFP 24-089. The total aggregate amount to be expended for all services provided under RFP 24-089 during the term of this Agreement shall not exceed $7,500,000.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
EXHIBIT 5
City Council 15 – 79 10/15/2024
This Agreement shall commence on the date first written above for 3-year term with the option for the City to grant one 2-year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub-contractors. Total cost of such insurance shall be borne by Contractor.
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 0001 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than City Council 15 – 80 10/15/2024
$3,000,000 per occurrence and $5,000,000 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits.
2. Automobile Liability (AL). Insurance Services Office Form CA 0001 covering Code 1(any auto), with combined single limit no less than $2,000,000.
3. Workers’ Compensation (WC). As required by the State of California, with statutory limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident, policy, employee for bodily injury or disease.
4. Surety Bonds as described below.
These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City’s rights under this contract.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by City. At the option of City, Contractor shall cause its insurer(s) to reduce or eliminate such self-insured retentions as respects City; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor’s CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Contractor. Additional insured status can be provided in the form of an endorsement to Contractor’s insurance.
2. For any claims related to this project, Contractor’s insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it.
3. 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.
4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers” by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s).
5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended, voided, reduced in scope or in limits, non-renewed by the carrier, or materially changed except City Council 15 – 81 10/15/2024
after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non-renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention:
Leif Lovegren, 215 S. Center Street, Santa Ana, CA 92703. The name and location of project must be indicated in the Description of Operations section of each certificate.
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name City of Santa Ana as a loss payee as its interest may appear.
If the project does not involve new or major reconstruction, at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at City’s site.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to CITY.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub-contractors.
Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive City Council 15 – 82 10/15/2024
Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Sub-Contractors
Contractor shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach.
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 circumstances.
7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial 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 City Council 15 – 83 10/15/2024
from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
City Council 15 – 84 10/15/2024
Contractor covenantsthat it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of 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.
City Council 15 – 85 10/15/2024
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
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 Council 15 – 86 10/15/2024
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, 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 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.
[signatures on following page]
Bryson Miller
J&L Constructors, Inc.
80 Huntington St., SPC 706
Huntington Beach, CA 92648
City Council 15 – 87 10/15/2024
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez,
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONTRACTOR:
City Attorney
By:
Kyle Nellesen
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Work Agency
Bryson Miller
CFO
Nabil Saba
Digitally signed by Nabil
Saba
Date: 2024.09.30 09:41:47
-07'00'
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CITY OF SANTA ANA
Contractor/Consultant shall perform services as set forth below.
INTRODUCTION/BACKGROUND
The City of Santa Ana (City) intends to select up to three (3) qualified contractors to provide construction services for the City’s large water service vaults and meter apparatus at up to 400 locations throughout the City. These services vary depending on the meter size (3” – 10”). Each contractor selected will enter into a Construction Services Agreement to provide such services.
Throughout the term of the Construction Services Agreement, the City may request task order proposals for individual projects and/or programs as the need for such services arises.
A separate Notice-to-Proceed (NTP) will be issued based on an agreed-upon specific scope of services and fee for each task order. The Contractor may utilize in-house staff and/or subcontractors to complete each task order. For specialized work for which the prime contractor shall require a sub-contractor, the prime contractor shall serve as an administrative liaison between the City and the sub-contractor, and include these administrative costs in their proposed project management fees.
Prime contractor mark-ups for sub-contractor work will not be allowed.
SCOPE OF SERVICES
The City is currently in the process of implementing an Automated Metering Infrastructure (AMI) program for water service connections in the City. The installation of meters is ongoing, however, the City of Santa Ana Public Works Agency desires to engage a contractor for Large Water Service Vault and Meter Apparatus Improvements. The Contractor shall provide construction services including, but not limited to, rehabilitating or replacing water meter vaults, replacing large water meters, replacing water meter valves and water meter apparatus appurtenances as needed.
DESCRIPTION OF WORK
The Contractor will be expected to conduct a site survey of each meter location and assess current field conditions of each meter assembly and apparatus prior to ordering any materials necessary to complete each meter replacement. All water meter system valves and meter related appurtenances shall be operable upon new meter installation.
The work may consist of removing the existing analog water meter and replacing with a new digital smart meter per the specifications provided by the City. It may, alternatively, consist of replacing additional equipment but not limited to water meter valves, spools, and fittings as needed. Upon installation, the new water meter shall be configured to enable wireless communication.
In addition, the work may consist of demolishing and removing an existing substandard water
EXHIBIT I
SCOPE OF SERVICES
EXHIBIT A - SCOPE OF WORK
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CITY OF SANTA ANA
meter vault and replacing it with a new vault. In the event field conditions require, the installation of water meter vaults and decks shall be as specified in City Standard Plan No. 1403D. All vaults shall be recessed flush with existing pavement to avoid tripping hazards. It is the contractor’s responsibility to provide alternatives to the project manager.
It shall be the Contractor’s responsibility to mobilize, deliver all materials to site, provide traffic control per the WATCH manual, restore and cleanup site, and provide any incidentals required to complete the work in place.
All water service turn offs shall be coordinated with the City and the affected resident. The Contractor shall notify property owner/tenants to be affected, a minimum of 72 hours in advance of work being performed. Under no circumstances shall a customer be without water service for more than 4 hours.
CONTRACTOR RESPONSIBILITIES
The Contractor shall provide all labor, materials, services, and equipment necessary for the completion of the work entailed as specified by the project manager, standard plans and project specifications detailed herein. All work shall be in accordance with applicable trade practices, workmanship, meet warranties and shall conform to all applicable laws, codes and regulations.
All work that cannot be completed within one day shall be steel plated and safe for pedestrian or vehicular traffic. If the vault is located within a vehicle travel lane, the steel plate shall be recessed to street grade.
Business hours are considered from 7:00 A.M. to 5:00 P.M. (Monday through Friday). Any time outside of business hours of operation may be considered after hours/weekends. The Contractor shall provide all necessary traffic control and obtain permits as necessary.
All work will be scheduled upon confirmation of scope and cost and completed within the time agreed upon for each specific item of work. The Contractor may not begin work before receiving a written Notice to Proceed by the City’s Project Manager. All services, equipment and materials provided by the Contractor must be in accordance with all applicable Federal, State and local regulations, laws, and codes.
CITY REPONSIBILITIES
The City will provide access to the information in its possession and systems/software platforms relevant to the preparation of the required information in the RFP. The City will provide smart meters and antennas required for each location. In addition, the City will conduct field survey with the Contractor and provide available as-built/record information. Selected contractors are expected to perform a substantial review of the project’s schedule and milestones to-date, and be familiar with all software platforms and data sources being utilized.
FEE PROPOSAL
In addition to Section III.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be City Council 15 – 90 10/15/2024
CITY OF SANTA ANA
structured as follows:
The fee proposal shall include the Contractor’s standard hourly fee schedule, and/or project fee schedule where applicable and as outline in this document. A list of all positions and hourly rates required to perform the services described herein.
A more detailed scope of work will be provided when/if a Task Order proposal is requested of a contractor. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project.
OTHER TERMS AND CONDITIONS
1. The project will be implemented in compliance with the City of Santa Ana’s policies, as well as Prevailing Wages and State/Federal Requirements.
2. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.
3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals.
4. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.
5. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises.
All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a “Certification of NonDiscrimination by Contractors” for each firm on their team.
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Cost Sheet
DATE: 8/8/24 PROJECT NO:
PROJECT: PO NO.
DESCRIPTION: SHORT DESCRIPTION OF THE WORK Daily Cost Sheet ESTIMATOR: Bryson Miller CONTRACT NO: PO# COMPANY: J & L Constructors Inc.
ITE DESCRIPTION Quantity Unit Material Material Price Labor Unit Labor Cost WC/INS Tax 8.75% O & P 10% 1 A Export 0.00 cu yrd $42.00 $0.00 $0.00 $0.00
2 A Pipe 0.00 ft. $21 $0.00 $0.00 $0.00
3 A Asphalt 0.00 cu yrd $125 $0.00 $0.00 $0.00
4 A Grinding 0.00 Ft. $25 $0.00 $0.00 $0.00
5 A Fitting 0.00 Each. $65 $0.00 $0.00 $0.00
6 A copper 0.00 ft. $8 $0.00 $0.00 $0.00
7 B Fuel 0.00 Gal $8.50 $0.00 $0.00 $0.00
8 B Consumables 0.00 Day $50.00 $0.00 $0.00 $0.00
9 B Pumping 0.00 Day $1,466.00 $0.00 $0.00 $0.00
10 C Office Staff 0.00 Hr $ 55.00 $ - $ - $ -
11 C Project Manager 0.00 Hr $ 130.00 $ - $ - $ -
12 C Foreman 0.00 Hr $120.00 $ - $ - $ -
13 C Operator 0.00 Hr $150.00 $ - $ - $ -
14 C Operator 0.00 Hr $150.00 $ - $ - $ -
15 C Laborer 0.00 Hr $90.00 $ - $ - $ -
16 C Laborer 0.00 Hr $90.00 $ - $ - $ -
17 D Chevy 2500 HD 0.00 Hr $15.62 $0.00 $0.00 $ -
18 D Materials Trailer 0.00 Hr $12.65 $0.00 $0.00 $ -
19 D 35G Mini Ex 0.00 Hr $30.00 $0.00 $0.00 $ -
20 D 289D All-terrain 0.00 Hr $37.00 $0.00 $0.00 $ -
21 D Grinder Attachment 0.00 Hr $25.00 $0.00 $0.00 $ -
22 D Dump Truck 0.00 Hr $37.50 $0.00 $0.00 $ -
23 D Compaction Wheel 0.00 Hr $11.32 $0.00 $0.00 $ -
24 D Air Compressor 0.00 Hr $18.75 $0.00 $0.00 $ -
25 D Air Hammer 0.00 Hr $17.87 $0.00 $0.00 $ -
26 D Whacker 0.00 Hr $15.52 $0.00 $0.00 $ -
27 D Dump Trailer *** 0.00 Hr $12.65 $0.00 $0.00 $ -
28 D Toyota Tool Trk 0.00 Hr $13.98 $0.00 $0.00 $ -
29 E Travel Expenses 0.00 Day $575.00 $0.00 $0.00 $ -
Subtotals This Sheet Carry Forward$ - $ 2,633.36 $ - $ 785.00 $ - $ - $ - $ - Grand Total
EXHIBIT B - FEE PROPOSAL
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Public Works Agency
www.santa-ana.org/public-works
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 15, 2024
TOPIC: 1601 and 1607 N Bristol Street
AGENDA TITLE
Purchase and Sale Agreement and Appropriation Adjustment, in the Same Amount for the Sale of City-owned Real Property, Formerly Portions of 1601 and 1607 North Bristol Street, to Bristol Center Properties, LLC; Amend Purchase and Sale Agreement with Bristol Center Properties to Extend the Deadline to Open A Drive-Thru Restaurant or Drive-Thru Café at 1601 and 1607 North Bristol Street by 18 Months (Non-General Fund)
RECOMMENDED ACTION
1. Approve an appropriation adjustment recognizing revenue in the amount of $2,989 in the Select Street Construction Fund, Sale of Land revenue account for Fiscal Year 2024-25 from the sale of City-owned property formerly portions of 1601 and 1607 North Bristol Street and appropriating the same amount to the OCTA Bristol Street Corridor Improvements, Improvements Other Than Building expenditure account. Receipt of Measure M Street Construction proceeds in the amount of $6,811 will be disbursed to the Orange County Transportation Authority (OCTA). (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $2,989 of funding into the Bristol Street Improvements Project (No. 11-6741).
3. Authorize the City Manager to execute a purchase and sale agreement with Bristol Center Properties, LLC for the sale of 392 square feet of City-owned property formerly portions of 1601 and 1607 North Bristol Street (APN 405-252- 21 & 22), in the amount of $9,800 (Agreement No. A-2024-XXX).
4. Authorize the City Manager to execute the first amendment to the agreement with Bristol Center Properties to extend the deadline to open for business to the public for a drive-thru restaurant or drive-thru café at 1601 and 1607 North Bristol Street by 18 months (Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
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1601 and 1607 N Bristol Street
October 15, 2024
DISCUSSION
On December 21, 2021, the City Council authorized the City Manager to execute a purchase and sale agreement (PSA) (Exhibit 1) for the sale of 1601 and 1607 North Bristol Street (Exhibit 2) to Southwest Properties Group. The sale from the City to Southwest Properties Group, and a subsequent property transfer to Bristol Center Properties, LLC (Developer), was recorded on May 19, 2022. As part of the PSA, the Developer had to complete the development by November 19, 2024.
In 2023, the Developer submitted applications to the City to develop the properties at 1601 and 1607 North Bristol Street into a drive-through coffee restaurant. Subsequently, during the Site Plan review process for the development project, staff determined that a 392 square-foot portion (Exhibit 3) of Bristol Street right of way is situated outside the limits of the street improvements, and that the right of way could be vacated, conveyed to the developer, and incorporated into the private property site to facilitate a more efficient development. The conveyance requires a series of actions concluding with the recommended actions.
Background
During the course of the Bristol Street Improvement Project, the Public Works Agency acquired properties along the Bristol Street corridor. The City purchased properties at 1601 North Bristol Street (APN 405-252-21) and 1607 North Bristol (APN 405-252-22) to accommodate the Bristol Street Improvements from Washington Street to 17th Street using Orange County Transportation Authority (OCTA) funding that was appropriated for this project. Moreover, following project construction, a 392 square-foot portion of this property (Exhibit 4) remained unused and therefore made available for purposes of exchange or sale.
On July 16, 2024, the City Council adopted a resolution to summarily vacate the 392 square-foot portion of excess Bristol Street right of way, and adopted a resolution declaring it as exempt surplus property.
The subject 392 square-foot property identified as the Vacation Portion is being disposed of in accordance with the Surplus Lands Act. Following Council adoption of the exempt surplus property resolution, staff submitted the resolution to the California Department of Housing and Community Development (HCD). On September 18, 2024, HCD notified the City that the Property qualifies as exempt surplus land under California Government Code section 54221, subdivision (f)(1)(B) and (E).
The purchase price was based on appraised values prepared by a state-licensed appraiser and was based on small size, shape, and lack of independent developability.
The proceeds from the sale of this property are considered restricted funds and will be used to fund the Bristol Corridor improvements.
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1601 and 1607 N Bristol Street
October 15, 2024
Recommendations
Staff recommends approval of the recommended actions to transfer ownership of unused and undevelopable land to the adjacent property owner, as authorized under Santa Ana Municipal Code Section 2-706.1 Sale to Owners of Adjoining Property (Exhibit 5).
Additionally, the original PSA contained a provision in Section 6.24 to ensure the timely development of the remnant property as a drive-thru restaurant or drive-thru café. The provision, termed Opening Covenant in the PSA, allowed for the City to buy back the property in the event the proposed development was not open for business within 30 months following close of escrow. The opening deadline pursuant to the provisions of the PSA would be November 19, 2024. Despite City staff and the developer’s efforts to diligently and cooperatively further the project, based on the current status of the development and the need to vacate and incorporate adjacent excess Bristol Street right of way into the project site, the opening date will not be met.
The agreement amendment (Exhibit 6) changes the allowable timeframe in the Opening Covenant from 30 months to 48 months, an increase of 18 months. The increase would allow sufficient time to complete project entitlements, prepare and approve construction documents, finish construction, and open the business to the public. Staff recommends approval of the recommended actions to extend the deadline to open the business to the public by 18 months to May 19, 2026.
Approval of the recommended actions will allow the City to sell such City-owned vacant property acquired with OCTA Right-of-Way restricted grant funds, and return proceeds of $2,989 to the Bristol Street Improvement Project, and funding agency in the amount of $6,811, proportionally based on match requirements, consistent with Comprehensive Transportation Funding Program (CTFP) Cooperative Agreement C-6-0069 between the respective agencies.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The revenue generated will be used to reimburse Bristol Street project expenditures and replenish grants used on acquisition costs, as well as fund additional public improvements along Bristol Street. The sale of this property is expected to lead to other significant economic activity spurred from the development of the Better Buzz coffee restaurant project, such as creating local jobs, sales tax boosts, and increased property tax that will be realized by the City in perpetuity. Additionally, the City will be relieved from the continued maintenance, clean up, and liability from owning this vacant parcel.
Approval of the recommended Appropriation Adjustment will recognize the receipt of $2,989 into the Select Street Construction Fund, Sale of Land revenue account (No.
City Council 16 – 3 10/15/2024
1601 and 1607 N Bristol Street
October 15, 2024
05917002-57071) and appropriate the same into the OCTA Bristol Street Corridor Improvements Fund, Improvements Other Than Building expenditure account (No. 05917661-66220). These funds will be available for expenditure on the Bristol Street Corridor Improvement Projects (Exhibit 7)
The remaining proceeds of $6,811 will be received in the Measure M Street Construction Fund (Account No. 03201001-20215) for disbursement to OCTA.
The table below summarizes the sales price, Bristol revenue and payments to OCTA.
Parcel ID Sale
Price
Bristol Improvement
Fund (Account No.
05917661-66220)
Reimburse Funding
Agency (Account No.
03201001-20215)
1601;1607 Bristol $9,800 $2,989 $6,811
Total $9,800 $2,989 $6,811
EXHIBIT(S)
1. Original Purchase and Sale Agreement
2. Location Map
3. Detail Map
4. Street Level View of Vacation Area
5. Vacation Purchase and Sale Agreement
6. Purchase and Sale Agreement Amendment
7. FY 24-25 Capital Improvement Program Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 16 – 4 10/15/2024
EXHIBIT 1
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© 2024 LightBox. All rights reserved. 1
66 feet
EXHIBIT 2
1601 N. & 1607 N.
BRISTOL STREET
LOCATION MAP
1601 &1607 N. BRISTOL STREET
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RSB 3/12
LOT 3
LOT 5
LOT 7
N
EXHIBIT 3
City Council 16 – 29 10/15/2024
EXHIBIT 4
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Nabil Saba Digitally signed by Nabil Saba
Date: 2024.09.30 17:16:59
-07'00'
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&9)*#*56
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Nabil Saba
Digitally signed by
Nabil Saba
Date: 2024.09.30
16:38:20 -07'00'
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EXHIBIT 7
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Public Works Agency
www.santa-ana.org/public-works
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 15, 2024
TOPIC: McFadden Avenue Transit Signal Priority Pilot Project
AGENDA TITLE
Cooperative Agreement with Orange County Transportation Authority for the McFadden Avenue Transit Signal Priority Pilot Project (Project No. 25-6030) (Non-General Fund)
RECOMMENDED ACTION
1. Approve an appropriation adjustment recognizing Regional Early Action Planning 2.0 funding in the amount of $3,690,000 into the Public Services-Street Safety Projects, State Grant-Indirect revenue account and appropriate the same amount into the Regional Early Action Planning Grant, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
2. Authorize the City Manager to execute a cooperative agreement with Orange County Transportation Authority in an amount not to exceed $3,690,000, for the design, construction, and evaluation of the McFadden Avenue Transit Signal Priority Pilot Project, effective upon full approval of the agreement through December 31, 2026, with the option to be extended (Agreement No. A-2024- XXX).
3. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $3,690,000 in design and construction funds for the McFadden Avenue Transit Signal Priority Pilot Project (No. 25-6030).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On April 12, 2023, Orange County Transportation Authority (OCTA), in cooperation with City of Santa Ana, submitted an application to Southern California Association of Governments (SCAG) for Regional Early Action Planning (REAP 2.0) grant funding which seeks to accelerate progress towards state housing goals and climate commitments through a strengthened partnership between the state, its regions, and local entities. REAP 2.0 seeks to accelerate infill housing development, reduce Vehicle Miles Traveled, increase housing supply at all affordability levels, affirmatively further fair housing, and facilitate the implementation of adopted regional and local plans to achieve these goals.
City Council 17 – 1 10/15/2024
McFadden Ave Transit Signal Priority Pilot Project
October 15, 2024
On July 6, 2023, SCAG awarded OCTA $11 million in state funding REAP 2.0 grant funds for 11 OCTA planning, outreach, transit, active transportation, and transit signal priority projects which included funding for the McFadden Avenue Transit Signal Priority (TSP) Pilot project.
The McFadden Avenue Transit Signal Priority (TSP) Pilot Project will enhance the City’s planned improvements for McFadden Avenue by providing funding to design and install innovative transit improvements, including transit signal priority, bus shelters, and real-time bus arrival signage. These improvements will benefit the Santa Ana residents who utilize OCTA’s Route 66, one of the highest ridership bus routes in Orange County. Route 66 services Orange County bus riders from Irvine Valley College to Goldenwest College in Huntington Beach while traversing the cities of Irvine, Tustin, Santa Ana, Garden Grove, Westminster, and Huntington Beach primarily through McFadden Avenue. The route consists of approximately 152 stops covering both directions with nearly 60 of them in Santa Ana. Tentatively, the project includes adding the following improvements:
• 39 Real-time arrival information displays
• 25 Bus shelters and trash receptacles
• 25 Overhead lighting fixtures
• Seven bus stop relocations with bus pads
Under the proposed cooperative agreement, the City agrees to deliver the project per the scope and guidelines approved by SCAG. Project delivery will include City inhouse engineering design and procurement of consultants and/or contractors, as necessary, to complete the project within the expenditure period of the REAP 2.0 funds. The City will draw funds up to the authorized amount and request reimbursement from OCTA. These improvements will be coordinated with the McFadden Bikeway Project Improvements to deliver both projects simultaneously without overlapping or duplicative work.
Staff recommends the approval of the proposed Cooperative Agreement with OCTA (Exhibit 1) in order to identify the roles and responsibilities of each agency, including provisions from SCAG, to ensure compliance with REAP 2.0 grant funding guidelines and identify OCTA’s responsibilities for reimbursement and reporting to SCAG.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
City Council 17 – 2 10/15/2024
McFadden Ave Transit Signal Priority Pilot Project
October 15, 2024
FISCAL IMPACT
With the approval of the requested appropriation adjustment, $3,690,000 in REAP 2.0 grant funds will be recognized in the Public Services-Street Safety Projects, State Grant-Indirect revenue account (No. 14717002-52027) and appropriate it for spending in the Regional Early Action Planning Grant, Improvements Other Than Building expenditure account (No. 14717613-66220). The following table summarizes the funds budgeted for FY 2024-25. Any unspent budget in FY2024-25 will be included in futureyear carryforward for City Council consideration.
Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.
Description
Amount
Appropriation Adjustment
2024-25 14717613-66220
(25-6030)
Street Safety
Programs
Regional Early Action
Plng Grt,
Improvements Other
Than Building
$3,690,000
TOTAL $3,690,000
EXHIBIT(S)
1. Cooperative Agreement
2. FY 2024-25 Capital Improvement Program Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
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COOPERATIVE AGREEMENT NO. C-3-3087
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
MCFADDEN AVENUE TRANSIT SIGNAL PRIORITY PILOT
THIS COOPERATIVE AGREEMENT (Agreement) is effective this __ day of ________ 2024 (“Effective Date”), by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of California (herein referred to as “AUTHORITY”) and the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702, a municipal corporation duly organized and existing under the constitution and laws of the State of California (herein referred to as “CITY”), each individually known as “PARTY”, and collectively referred to as “PARTIES”.
RECITALS:
WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define the roles and responsibilities related to funding between AUTHORITY and CITY for final design and construction of the McFadden Avenue Transit Signal Priority Pilot Project as defined in the scope of work provided in Exhibit A, herein incorporated by reference; (hereinafter referred to as “PROJECT”); and WHEREAS, the PROJECT is funded with Regional Early Action Planning Grant Program of 2021 (hereinafter referred to as “REAP 2.0”) funds; and
WHEREAS, REAP 2.0 is a program that seeks to accelerate progress towards state housing goals and climate commitments through a strengthened partnership between the state, its regions, and local entities. REAP 2.0 seeks to accelerate infill housing development, reduce Vehicle Miles Traveled, increase housing supply at all affordability levels, affirmatively further fair housing, and facilitate the implementation of adopted regional and local plans to achieve these goals; and (;+,%,7
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COOPERATIVE AGREEMENT NO. C-3-3087
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WHEREAS, the California Department of Housing and Community Development (HCD) administers REAP 2.0 in accordance with Health and Safety Code sections 50515.06 to 50515.10 (“Statues”) and REAP 2.0 guidelines for Metropolitan Planning Organizations (MPO) applicants released by HCD pursuant to the Statutes (herein referred to as “REAP 2.0 Guidelines”); and WHEREAS, the Southern California Association of Governments (herein referred to as “SCAG”) is the federally designated MPO for Southern California; and WHEREAS, on April 12, 2023, SCAG released a Call for Applications for REAP 2.0; and WHEREAS, the AUTHORITY submitted on behalf of the CITY and was awarded REAP 2.0 funding through SCAG for the PROJECT; and
WHEREAS, the AUTHORITY’s Board of Directors, at its July 24, 2023, meeting, approved AUTHORITY’s financial commitment to the PROJECT of up to Three Million Six Hundred and Ninety Thousand Dollars ($3,690,000); and
WHEREAS, AUTHORITY will provide Three Million Six Hundred and Ninety Thousand Dollars ($3,690,000) in REAP 2.0 funds to the CITY; and
WHEREAS, CITY agrees to act as the lead agency for preliminary engineering, right-of-way, construction and construction management of PROJECT; and WHEREAS, this Agreement defines the specific terms and conditions and funding responsibilities between the PARTIES for completion of PROJECT; and
WHEREAS, AUTHORITY and SCAG have entered into a Memorandum of Understanding (MOU) regarding the administration and delivery of projects awarded REAP 2.0 funds. The MOU requires certain flow-down provisions to be included in all agreements entered for this PROJECT. These provisions are contained in Exhibit B to this Agreement ; and
WHEREAS, the AUTHORITY’s Board of Directors authorized this Agreement on September 9, 2024; and
WHEREAS, CITY’s City Council approved this Agreement on _____ day of ______________________ 2024.
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NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows:
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this Agreement between AUTHORITY and CITY concerning the PROJECT and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Cooperative Agreement. The above-referenced Recitals are true and correct and are incorporated by reference herein.
B. AUTHORITY’s failure to insist on any instance(s) of CITY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY’s right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.
C. CITY’s failure to insist on any instance(s) of AUTHORITY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY’s right to such performance or to future performance of such term(s) or condition(s), and AUTHORITY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon CITY except when specifically confirmed in writing by an authorized representative of CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.
ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the terms and conditions, roles and responsibilities of the PARTIES as they pertain to the subjects and PROJECT addressed herein. Both PARTIES agree that each will City Council 17 – 6 10/15/2024
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cooperate and coordinate with the other in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof.
ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
AUTHORITY agrees to the following responsibilities for the PROJECT:
A. AUTHORITY shall provide assistance to CITY in securing the REAP funds.
B. AUTHORITY shall not be authorized to program any amount beyond what has been identified in this Agreement as REAP and what is ultimately approved for PROJECT by SCAG.
C. AUTHORITY shall review and approve CITY’s request for obligation of REAP funds prior to submittal to SCAG.
D. AUTHORITY shall allocate the CITY’s share of the PROJECT in the amount not-toexceed Three Million Six Hundred and Ninety Thousand Dollars ($3,690,000) for the PROJECT using REAP funds which will be billed to SCAG.
E. AUTHORITY shall process all required documents from the CITY to invoice SCAG on behalf of the CITY for the REAP funds.
F. AUTHORITY shall submit all status reports as required by SCAG to maintain eligibility for REAP funds.
G. AUTHORITY shall inform CITY in writing of any requested changes or delays to the reimbursement of the PROJECT.
ARTICLE 4. RESPONSIBILITIES OF CITY
CITY agrees to the following responsibilities for the PROJECT:
A. CITY shall possess the legal authority to deliver this project and to finance, acquire, and construct the PROJECT consistent with REAP 2.0 Goals and Objectives.
B. CITY shall act as the lead agency for the preliminary engineering, right-of-way, construction and construction management of PROJECT.
C. CITY is responsible for completing PROJECT in accordance with the funding plan (Exhibit A), and to abide by all SCAG programming guidelines, flow-down provisions (Exhibit B), and any and all City Council 17 – 7 10/15/2024
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other State (California Department of Transportation) requirements.
D. CITY shall comply with all local and State project delivery requirements including, but not limited to, Disadvantaged Business Enterprise, American with Disabilities Act, and Buy America provisions.
E. CITY shall submit applicable National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA) environmental documentation to AUTHORITY.
F. CITY shall procure in compliance with all applicable federal, state, and local laws and regulations.
G. CITY shall coordinate with AUTHORITY to provide information to the SCAG Project Manager regarding any existing solicitation for the PROJECT. Information shall be provided and a written approval by the SCAG Project Manager shall be obtained. City will not advertise or award a contract before SCAG authorization to proceed.
H. CITY shall draw down AUTHORITY’s REAP 2.0 funds directly and provide expenditure reports to AUTHORITY reflecting drawdown of funds and funds expended for PROJECT and consistent with flow-down provisions, as identified in Exhibit B.
I. CITY shall prepare and submit a quarterly report per Exhibit B requirements to AUTHORITY within seven (7) days of the month following the end of each quarter (April, July, October, and January).
J. CITY shall prepare and submit invoices and all required reports to AUTHORITY in a timely manner in order to avoid any penalties that could reduce funding to PROJECT.
K. CITY agrees that any cost overruns shall be the responsibility of CITY.
L. If CITY receives local, state, or federal funds from a non-AUTHORITY source, CITY will not invoice AUTHORITY for the amount received from the other non-AUTHORITY source(s).
M. CITY will notify AUTHORITY regarding any non-AUTHORITY revenues received for the PROJECT and AUTHORITY funds may not pay for expenses already supported through these nonAUTHORITY revenues.
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N. CITY will notify AUTHORITY if REAP 2.0 funding are used for other than the intended purposes as defined by federal or state guidelines.
O. CITY agrees that AUTHORITY reserves the right to change the fund source programmed to the PROJECT and AUTHORITY would notify CITY of such a change.
A. CITY shall maintain and operate the property acquired, developed, rehabilitated, or restored for the life of the resultant facility(ies) or activity.
B. Failure of CITY to abide by conditions above may result in modification of funding, termination of this Agreement, and repayment of the REAP 2.0 funds.
ARTICLE 5. REQUEST FOR REIMBURSEMENT
In order for CITY to be reimbursed for incurred costs relative to PROJECT, CITY agrees:
A. To comply with all flow-down provisions contained in Exhibit B to this Agreement, which are required by the MOU between AUTHORITY and SCAG, and specifically those related to invoicing.
B. If CITY uses CITY labor to accomplish PROJECT or services under PROJECT, CITY may utilize its current approved CITY fiscal year budget overhead rate when seeking reimbursement.
C. To prepare and submit to AUTHORITY an invoice with supporting documentation within 15 days of paying CITY’s consultant(s). CITY’s invoice shall include allowable PROJECT costs incurred and paid for by CITY. The invoice submitted by CITY shall be signed by an authorized agent who can duly certify the accuracy of the included information.
D. The invoice shall be submitted on CITY’s letterhead.
E. The invoice shall be submitted by CITY, and in duplicate, to AUTHORITY’s Accounts Payable Office. Each invoice shall include the following information:
1. Agreement Number C-3-3087
2. SCAG Project Number OWP No. 305-4926.01
3. The total of PROJECT expenditures shall specify the percent and amount of funds to be reimbursed, and include support documentation for all expenses invoiced.
4. Progress report with adequate detail describing all work completed.
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5. The time period covered by the invoice;
6. Labor (staff name, hours charged, hourly billing rate, current charges, and cumulative charges) performed during the billing period;
7. Such other information as requested by AUTHORITY and SCAG as part of Exhibit B, or to reasonably substantiate the validity of an invoice.
F. To consult with AUTHORITY’s Project Manager for questions regarding non-reimbursable expenses.
G. That total payments shall not exceed the maximum obligation specified in ARTICLE 6.
MAXIMUM OBLIGATION.
ARTICLE 6. MAXIMUM OBLIGATION
Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY mutually agree that AUTHORITY’s maximum cumulative payment obligation hereunder shall be Three Million Six Hundred and Ninety Thousand Dollars ($3,690,000), unless agreed to and amended by both PARTIES.
ARTICLE 7. DELEGATED AUTHORITY
Any actions required to be taken by CITY in the implementation of this Agreement, including execution of amendments, are delegated to its Director of Public Works, or designee, and any actions required to be taken by AUTHORITY in the implementation of this Agreement, including execution of amendments, are delegated to AUTHORITY’s Chief Executive Officer, or designee.
ARTICLE 8. AUDIT AND INSPECTION
AUTHORITY and CITY shall maintain a complete set of records in accordance with generally accepted accounting principles. The original records shall be maintained within the CITY limits. Upon reasonable notice, CITY shall permit the authorized representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts and other data and records of CITY for a period of not less than four (4) years after final payment, or until any on-going audit is completed whichever is longer. For purposes of audit, the date of completion of this Agreement shall be the later date of AUTHORITY’s City Council 17 – 10 10/15/2024
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payment of CITY’s final billing (so noted on the invoice) or SCAG’s final payment of all REAP funds to AUTHORITY under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in construction contracts with CITY’s contractor.
ARTICLE 9. INDEMNIFICATION
A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, employees and agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker’s compensation subrogation claims, damage to or loss of use of property alleged to be caused by the negligent acts, omissions or willful misconduct by CITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.
B. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors, employees and agents from and against any and all claims (including attorney’s fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker’s compensation subrogation claims, damage to or loss of use of property alleged to be caused by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.
C. The indemnification and defense obligations of this Agreement shall survive its expiration or termination.
ARTICLE 10. ADDITIONAL PROVISIONS
The AUTHORITY and CITY agree to the following mutual responsibilities:
A. Term of Agreement: This Agreement shall continue in full force and effect until December 31, 2026, or until all REAP funds have been expended, whichever is later. This Agreement may only be extended upon written mutual consent by both PARTIES.
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B. Amendment: This Agreement may be amended in writing at any time by the mutual consent of both PARTIES. No amendment shall have any force or effect unless executed in writing by both PARTIES.
C. Termination: In the event either PARTY defaults in the performance of any of their obligations under this Agreement or breaches any of the provisions of this Agreement, the non-defaulting Party shall have the option to terminate this Agreement upon thirty (30) days' prior written notice to the other Party.
D. Termination for Convenience: Either PARTY may terminate this Agreement for convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for convenience to the other PARTY.
E. Compliance with All Laws: AUTHORITY and CITY shall comply with all applicable federal, state, and local laws, statues, ordinances and regulations of any governmental authority having jurisdiction over the PROJECT.
F. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to execute this Agreement on behalf of said PARTIES and that, by so executing this agreement, the PARTIES hereto are formally bound to the provisions of this Agreement.
G. Severability: If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
H. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Electronic signatures will be permitted.
I. Assignment: Neither this Agreement, nor any of the PARTIES rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either PARTY without the prior written consent of the other PARTY in its sole and absolute discretion. Any such attempt of assignment shall be City Council 17 – 12 10/15/2024
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deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.
J. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to authorize or require any PARTY to issue bonds, notes or other evidence of indebtedness under the terms, in amounts, or for purposes other than as authorized by local, state or federal law.
K. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement.
L. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney’s fees, to the prevailing PARTY.
M. Notices: Any notices, requests, or demands made between the PARTIES pursuant to this Agreement are to be directed as follows:
To CITY: To AUTHORITY:
City of Santa Ana Orange County Transportation Authority Traffic Engineering Section/M-43
20 Civic Center Plaza
Santa Ana, CA 92701
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
Attention: Nabil Saba
Executive Director, Public Works Agency
Phone: (714) 647-5654
Email: [email protected]
Attention: Megan Bornman
Senior Contract Administrator
Phone: (714) 560-5064
E-mail: [email protected]
CC: Alicia Yang
OCTA Project Manager
Phone: (714) 560-5362
E-mail: [email protected]
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City Council 17 – 13 10/15/2024
COOPERATIVE AGREEMENT NO. C-3-3087
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N. Successors and Assigns: The provisions of this Agreement shall bind and inure to the benefit of each of the PARTIES hereto, and all successors or assigns of the PARTIES hereto.
O. Time is of the Essence: Time is of the essence for the work identified in Exhibit A. All work must be completed no later than December 31, 2025.
P. Force Majeure: Either PARTY shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other PARTY; when satisfactory evidence of such cause is presented to the other PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the PARTY not performing.
This Agreement shall be effective upon execution by both PARTIES. /
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City Council 17 – 14 10/15/2024
COOPERATIVE AGREEMENT NO. C-3-3087
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IN WITNESS WHEREOF, the PARTIES hereto have caused this Agreement No. C-3-3087 to be executed as of the date of the last signature below.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By:
Alvaro Nunez
City Manager
Dated:
By:
Darrell E. Johnson
Chief Executive Officer
ATTEST:
By:
Jennifer L. Hall
City Clerk
Dated:
APPROVED AS TO FORM:
By:
Jonathan T. Martinez
Assistant City Attorney
APPROVED AS TO FORM:
By:
James M. Donich
General Counsel
APPROVED:
By:
Kia Mortazavi
Executive Director, Planning
RECOMMENDED FOR APPROVAL:
By:
Nabil Saba, P.E.
Executive Director, Public Works Agency
Dated:
APPROVED AS TO FORM:
By:
Jonathan T. Martinez
A it t Cit Att
Nabil Saba Digitally signed by Nabil Saba
Date: 2024.09.30 17:04:09 -07'00'
City Council 17 – 15 10/15/2024
City Council 17 – 16 10/15/2024
Community Development Agency
www.santa-ana.org/community-development
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 15, 2024
TOPIC: Permanent Supportive Housing Project at 918 Bewley Street
AGENDA TITLE
Conditional Grant Agreement and Affordable Housing Regulatory Agreement with Declaration of Covenants and Restrictions with Illumination Foundation (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a conditional grant agreement and regulatory agreement with Illumination Foundation for $2,021,319 in Homeless Housing, Assistance and Prevention Program Round 1, 2, and 3 funds for the development of the Richard Lehn Intergenerational Housing Project located at 918 Bewley Street (APN 198-231-10) (Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On July 18, 2023, the City Council authorized the City Manager to execute a precommitment letter with Illumination Foundation for $2,021,319 in Homeless Housing, Assistance and Prevention Program (HHAP) funds and eight project-based vouchers for the development of the Richard Lehn Intergenerational Housing Project located at 918 Bewley Street, Santa Ana, CA 92703 (APN 198-231-10) (Exhibit 1). Regarding these specific HHAP funds, the State of California Department of Housing and Community Development requires that a portion of the City’s HHAP Round 1, 2, and 3 funds be used for homeless youth. If the City does not use the designated portion of HHAP Round 1 funds to serve homeless youth at this project, the Round 1 funds will expire by June 30, 2025, with similar expiration dates for Round 2 and 3 thereafter.
The Richard Lehn Intergenerational Project (Project) is a permanent supportive housing development with two residential buildings for homeless youth and seniors and a preschool. The Project includes the rehabilitation of two 2-story residential buildings into 11 residential units composed of two 1-bedroom units, seven 2-bedroom units, and two 3-bedroom units. One 1-bedroom unit and seven 2-bedroom units will be restricted to homeless youth at or below 30% of the Area Median Income (“AMI”). The two 3- bedroom units will be structured as shared housing for homeless senior citizens at or below 50% of the AMI. One 1-bedroom unit will be unrestricted and reserved for an onsite manager. An existing preschool building will also be renovated and will continue to City Council 18 – 1 10/15/2024
Permanent Supportive Housing Project at 918 Bewley Street October 15, 2024
be a preschool operated by Head Start. The Project includes 29 parking spaces, with 20 spaces for residents and nine spaces for the intended preschool, with one accessible space and one loading parking stall. Following the City Council’s approval on July 18, 2023, this project has been issued a pre-commitment letter for $2,021,319 in HHAP funds, and eight project-based vouchers.
Following the issuance of the pre-commitment letter, Illumination Foundation (“Developer”) worked on meeting various conditions outlined in the letter. One of the primary conditions was that the Developer must provide verification that it has secured all of its remaining financing for the development of the Project. This should be in the form of other enforceable funding commitments in the project’s capital stack, which may include fundraising amounts secured, funds from other public lenders, or any other funding source needed in the project’s capital stack to develop the Project and close on their construction loan financing. To that end, the Developer has secured a loan, fundraising amounts, and funds from CalOptima Health. The Developer is prepared to close on their financing and begin construction of the Project.
The pre-commitment letter is also conditional on the Developer securing any and all permits and discretionary approvals that may be required for the Project by the City.
Now that the Developer has met these two key conditions in the pre-commitment letter, amongst others, the City Council may consider approval of the Conditional Grant Agreement and Regulatory Agreement for the development of the Project. Further details on both Agreements are provided below.
Conditional Grant Agreement
The Conditional Grant Agreement is attached as Exhibit 2. The following key terms are incorporated into the Conditional Grant Agreement:
• Grantee: Illumination Foundation.
• Project: Grantee desires to renovate the existing residential buildings for the purpose of using the property as an 11 unit permanent supportive housing project, which will include: one 1-bedroom unit and seven 2-bedroom units for homeless youth, two 3-bedroom units for homeless senior housing, and one 1- bedroom unrestricted manager’s unit.
• Conditional Grant Amount: $2,021,319 in HHAP Funds, conditional upon successful completion of the Project. In the event the Project is not constructed in compliance with the Scope of Work within two years from the date of the first disbursement of the HHAP Grant funds, the City may terminate the Agreement.
Provided the Developer complies with the terms of the Conditional Grant Agreement and the Regulatory Agreement, it will not be subject to any repayment obligation.
• Disbursement Schedule:
o The initial disbursement of $1,819,187 will be disbursed upon complete execution of the Conditional Grant Agreement and satisfaction of the conditions to disbursement of HHAP grant proceeds.
City Council 18 – 2 10/15/2024
Permanent Supportive Housing Project at 918 Bewley Street October 15, 2024
o The final contingency payment of $202,132 will be disbursed upon completion of construction of the Project.
• Labor Requirements: The Developer agrees to comply with the City’s Community Workforce Agreement (CWA), which mandates local hiring preferences to boost community employment, requires union labor to uphold collective bargaining standards, ensures workers receive prevailing wages and benefits, and promotes workforce development through training and apprenticeship programs.
The Conditional Grant Agreement has been signed by Illumination Foundation to acknowledge their acceptance of the terms.
Regulatory Agreement
The Regulatory Agreement is attached as Exhibit 3. The following key terms are incorporated into the Regulatory Agreement:
• Term of Agreement: The term of the Regulatory Agreement shall commence on the date a final certificate of occupancy is issued and shall continue for a total period of no less than 55 years.
• Affordability: The Project shall provide the following affordable units:
No. of
Bedrooms
No. of
Units Occupancy Affordability
(Incomes / Rents)
1 1
2 7
Qualified Homeless Youth 30% AMI / 30% AMI MTSP Rent
3 2 Qualified Seniors 50% AMI / 50% AMI MTSP Rent
• Local Preference: The Developer shall give a local preference in selecting residents to residents who live or work in the city.
• Supportive Services: Illumination Foundation, at its sole cost and expense, shall provide case management and supportive services to all tenants on the Property. • Miscellaneous: The Developer shall submit and obtain approval of an Emergency Evacuation Plan, Crime-Free Housing Plan, Onsite Parking Management Plan, and a Marketing and Resident Selection Plan.
The Regulatory Agreement has been signed by Illumination Foundation to acknowledge their acceptance of the terms.
Project Description
The Developer proposes to renovate the vacant property located at 918 N. Bewley Street, Santa Ana, California 92703 (APN 198-231-10), which includes two 2-story residential buildings and a preschool facility previously operated by The Lovers of the Holy Cross Sisters.
The Project involves converting the 37,915 sq. ft. lot into an 11-unit permanent supportive housing project, consisting of 10 affordable units and one unrestricted manager’s unit. The affordable units will include:
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Permanent Supportive Housing Project at 918 Bewley Street October 15, 2024
• One 1-bedroom unit for unrestricted use by the property manager. • Seven 2-bedroom units specifically designated for homeless youth. • Two 3-bedroom units designated as shared housing for homeless senior citizens.
The Project also includes a total of twenty-nine (29) parking spaces:
• Twenty spaces reserved for residents.
• Nine spaces designated for the preschool.
• One accessible space and one loading parking stall to accommodate additional needs.
Supportive Services
Illumination Foundation will coordinate the delivery of all resident support services for the Project. A comprehensive array of wraparound services will be provided by Illumination Foundation staff to ensure residents achieve healthy, independent, and fulfilling lives. Utilizing staff trained in best practices ranging from trauma informed care and critical time interventions to housing first, Illumination Foundation will ensure all residents have access to the services they need to thrive.
All residents of the Project will receive access to case management services that will assess their needs and craft individualized care plans that utilize resident self-stated goals in accordance with a strength-based and client-centered model. Services related to these goals include income development and financial literacy, tenancy and other life skills, connections to appropriate mental health and medical services and substance use treatment, and transportation.
Illumination Foundation is positioned to provide high quality services because of strong partnerships with affiliated organizations and community partners. Residents will have the opportunity to be referred to the Illumination Foundation Medical Group for behavioral and physical health services; to a subcontractor, Straight Talk, for behavioral health group sessions; on-site medical coordination through nursing student interns; and parenting classes through The Priority Center and Olive Crest.
In addition to a range of community partners, Illumination Foundation will utilize innovative funding through CalAIM to provide programming like day habilitation courses covering topics such as budgeting, credit recovery, meal planning, anger management, and self-esteem building. Along with access to day habilitation courses, residents will also have access to Enhanced Care Management. As part of the Enhanced Care Management program, enrolled residents will be assigned a lead care manager that will work with their insurance provider and personal care coordinator to facilitate clinical care.
Beyond those services provided to all residents, children will be assigned a Children and Family Program Navigator who is responsible for overseeing the specific needs of children. Developmental screeners will be completed to ensure children are meeting important developmental benchmarks and staff will have access to a clinician to determine appropriate interventions when benchmarks are not met. The navigator will City Council 18 – 4 10/15/2024
Permanent Supportive Housing Project at 918 Bewley Street October 15, 2024
coordinate care for the children, such as referrals to internal and external resources, like regional center, literacy development, and children vision and dental clinics. Through their partnership with Children's Hospital of Orange County (CHOC), children are able to receive priority appointments to address their health needs.
Lastly, the on-site preschool operated by Head Start will ensure that appropriately aged children will receive access to schooling and daycare. An on-site garden and chicken coop will allow for the development of community and wellness among residents. The intergenerational nature of the Project will allow for Illumination Foundation to cultivate peer mentorships between senior residents and transitional age youth or single parent residents. These onsite community activities help target the social isolation that can occur with senior populations.
Illumination Foundation has provided services for people experiencing homelessness in the Orange County area for over 15 years and currently operates the City of Santa Ana’s Carnegie Navigation Center (e.g. emergency shelter). This experience and strong working relationship with the City of Santa Ana positions Illumination Foundation to provide the exceptional supportive services the residents need to thrive and live independently.
FISCAL IMPACT
Funds for the Conditional Grant Agreement in the amount of $2,021,319 were budgeted and available in the Homeless Housing, Assistance and Prevention Program Fund accounts as shown below for expenditure in FY 2023-24. A proposed carry-over of unspent funds will be presented to the City Council for approval of carry-over to FY 2024-25; any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carry-overs to future fiscal years.
Fiscal
Year
Accounting
Unit-Account Fund Description Accounting Unit, Account Description Amount FY 24-25 12218715-69152
Homeless Housing,
Assistance and
Prevention Program
funds Round 1
Loans and Grants $673,773.03
FY 24-25 12218716-69152
Homeless Housing,
Assistance and
Prevention Program
funds Round 2
Loans and Grants $318,510.90
FY 24-25 12218717-69152
Homeless Housing,
Assistance and
Prevention Program
funds Round 3
Loans and Grants $1,029,035.17
Total Expenditures $2,021,319.10
City Council 18 – 5 10/15/2024
Permanent Supportive Housing Project at 918 Bewley Street October 15, 2024