Community Workforce
Agreement
24 City of Santa
Ana
City Council 18 – 248 1/21/2025
Should any party seek confirmation of the award made by the arbitrator, the prevailing party shall
be entitled to receive its reasonable attorney fees and costs. (b) Failure of the grieving Party to adhere to the time herein shall render the grievance null and void. The time limits established limits established herein may be extended
only by consent of the Parties involved at the particular step where the extension is agreed upon.
The arbitrator shall have the authority to make decisions only on issues presented and shall not
have the authority to change, amend, add to or detract from any of the provisions of this
Agreement.
(c) The fees and expenses incurred by the arbitrator,
jointly utilized by the Parties (i.e. conference room, court reporter, as well as those etc.) in arbitration, shall be
divided equally by the Parties to the arbitration, including Union(s) and Contractor(s) involved. Section 10.3 Limit on Use of Procedures The procedures contained in this Article shall not be
applicable to any alleged violation of Articles 7 or 8, with a single exception that any employee
discharged for violation of Section 7.2, or Section 8.3, may resort to the procedures of this Article
to determine only if he/she was, in fact, engaged in that violation.
Section 10.4 Notice The CWA Administrator (and the City, in the case of any grievance
regarding the Scope of this Agreement), shall be notified by the involved Contractor of all actions
at Steps 2 and 3, and further, the CWA Administrator shall, upon its own request, be permitted to
participate fully as a party in all proceedings at such steps.
ARTICLE 11
REGULATORY
COMPLIANCE
Section 11.1 Compliance with All Laws The Trades Council and all Unions, Contractors, and
their employees shall comply with all applicable federal and state laws, ordinances and regulations
including, but not limited to, those relating to safety and health, employment and applications for
employment. All employees shall comply with the safety regulations established by the City, the
CWA Administrator or the Contractor. Employees must promptly report any injuries or accidents
to a supervisor.
Section 11.2 Prevailing Wage Compliance All Contractors shall comply with the state laws and
regulations, as well as Santa Ana Municipal Code section 33-206 on prevailing wages.
Compliance with this obligation may be enforced by the appropriate parties through Article 10
above, or by pursing the remedies available under state law through the Labor Commissioner or
the Department of Industrial Relations.
Section 11.3 Violations of Law Should there be a finding by a Court or administrative tribunal
of competent jurisdiction that a Contractor has violated federal and/or state law or regulation, the
City, upon notice to the Contractor that it or its subcontractors is in such violation (including any
finding of non-compliance with the California prevailing wage obligations as enforced pursuant
to DIR regulations), the City, and in the absence of the Contractor or subcontractor remedying
such violation, may take such action as it is permitted by law or contract to encourage that
Community Workforce
Agreement
25 City of Santa
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City Council 18 – 249 1/21/2025
Contractor to come into compliance, including, but not limited to, assessing fines and penalties
and/or removing the offending Contractor from Project Work.
ARTICLE
SAFETY AND PROTECTION OF PERSON 12
AND PROPERTY
Section 12.1
Safety
12.1.1 It shall be the responsibility of each Contractor to ensure safe working conditions
and employee compliance with any safety rules contained herein or established by the City or the
Contractor, whichever is most restrictive shall apply. It is understood that employees have an
individual obligation to use diligent care to perform their work in a safe manner and to protect
themselves and the property of the Contractor and the City.
12.1.2 Employees shall be bound by the safety, security and visitor rules established by
the Contractor and/or the City. These rules will be published and posted.
An employee’s failure to
satisfy his/her obligations under this section will subject him/her to discipline, up to and including
discharge.
12.1.3 The Parties shall adopt the Substance Abuse Policy attached hereto as Attachment
“E,” which shall be the policy and procedure utilized under this Agreement. Section 12.2 Suspension of Work for Safety A Contractor may suspend all or a portion of the
job to protect the life and safety of employees. In such cases, employees will be compensated only
for the actual time worked; provided, however, that where the Contractor requests employees to
remain at the site and be available for work, the employees will be compensated for stand-by time
at their basic hourly rate of pay.
Section 12.3 Water and Sanitary Facilities The Contractor shall provide adequate supplies of
drinking water and sanitary facilities for all employees as required by state law or regulation. ARTICLE 13
TRAVEL AND
SUBSISTENCE
Travel expenses, travel time, subsistence allowances, zone rates and parking
reimbursements shall be paid in accordance with the applicable Master Labor Agreement unless
superseded by the applicable prevailing wage determination. ARTICLE 14 APPRENTIC
Section 14.1 Importance of ES
Training
The Parties recognize the need
continuing support of the programs designed to develop adequate to maintain numbers of competent workers
in the construction industry, the obligation to capitalize on the availability of the local work force
in the area served by the City, and the opportunities to provide continuing work under the
construction program. To these ends, the Parties will facilitate, encourage, and assist local residents Community Workforce
Agreement
26 City of Santa
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City Council 18 – 250 1/21/2025
to commence and progress in Labor/Management Apprenticeship and/or training Programs in the
construction industry leading to participation in such apprenticeship programs. The City and the
Trades Council, will work cooperatively to identify, or establish and maintain, effective programs
and procedures for persons interested in entering the construction industry and which will help
prepare them for the formal joint labor/management apprenticeship programs maintained by the
signatory Unions.
Section 14.2 Use of
Apprentices
14.2.1 Apprentices used on Projects under this Agreement shall be registered in Joint
Labor Management Apprenticeship Programs approved by the State of California. Apprentices
may comprise up to thirty percent (30%) of each craft’s work force (calculated by hours worked)
at any time, unless the standards of the applicable joint apprenticeship committee confirmed by
the Division of Apprenticeship Standards (“DAS”), establish a lower or higher maximum
percentage. Where the standards permit a higher percentage, such percentage shall apply on Project
Work. Where the applicable standards establish a lower percentage, the applicable Union will use
its best efforts with the Joint Labor Management apprenticeship committee and, if necessary, the
DAS to permit up to thirty percent (30%) apprentices on the Project.
14.2.2 The Unions agree to cooperate with the Contractor in furnishing apprentices as
requested up to the maximum percentage. The apprentice ratio for each craft shall be in
compliance, at a minimum, with the applicable provisions of the Labor Code relating to utilization
of apprentices. The City shall encourage such utilization, and, both as to apprentices and the overall
supply of experienced workers, the CWA Administrator will work with the Trades Council to
assure appropriate and maximum utilization of apprentices and the continuing availability of both
apprentices and journey persons.
14.2.3 The Parties agree that apprentices will not be dispatched to Contractors working
under this Agreement unless there is a journeymen working on the project where the apprentice is
to be employed who is qualified to assist and oversee the apprentice’s progress through the
program in which he is participating.
14.2.4 All apprentices shall work under the direct supervision of a journeyman from the
trade in which the apprentice is indentured. A journeyman shall be defined as set forth in the
California Code of Regulations, Title 8 [apprenticeship] section 205, which defines a journeyman
as a person who has either completed an accredited apprenticeship in his or her craft, or has
completed the equivalent of an apprenticeship in length and content of work experience and all
other requirements in the craft which has workers classified as journeyman in the apprenticeable
occupation. Should a question arise as to a journeyman’s qualification under this subsection, the
Contractor shall provide adequate proof evidencing the worker’s qualification as a journeyman to
the Trades Council.
Community Workforce
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27 City of Santa
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ARTICLE 15
WORKING
CONDITIONS
Section 15.1 Meal and Rest Periods There will be no non-working times established during
working hours except as may be required by applicable state law or regulations. Meal periods and
Rest periods shall be as provided for in Wage Order 16. Individual coffee containers will be
permitted at the employees’ work location; however, there will be no organized coffee breaks.
Section 15.2 Work Rules The City, the CWA Administrator, and/or relevant Contractor shall
establish such reasonable work rules as they deem appropriate and not inconsistent with this
Agreement. These rules will be posted at the work sites by the Contractor and may be amended
thereafter as necessary. Failure to observe these rules and regulations by employees may be
grounds for discipline up to and including discharge.
Section 15.3 Emergency Use of Tools and Equipment There should be no restrictions on the
emergency use of any tools by any qualified employee or supervisor, or on the use of any tools or
equipment for the performance of work within the jurisdiction, provided the employee can safely
use the tools and/or equipment involved and is compliance with applicable governmental rules and
regulations.
Section 15.4 Access Restrictions for Cars Recognizing the nature of the work being conducted
on the site, employee access by a private automobile may be limited to certain roads and/or parking
areas. ARTICLE 16
PRE-JOB
CONFERENCES
Section 16.1 Each Primary Contractor which is awarded a Construction Contract by the City for
Project Work shall conduct a Pre-Job conference with the appropriate affected Union(s) prior to
commencing work. All Contractors who have been awarded contracts by the Primary Contractor
shall attend the Pre-Job conference. The Trades Council and the CWA Administrator shall be
advised in advance of all such conferences and may participate if they wish. All work assignments
shall be disclosed by the Primary Contractor and all Contractors at the Pre-Job conference in
accordance with industry practice. Should there be any formal jurisdictional dispute raised under
Article 8, the CWA Administrator shall be promptly notified.
Primary Contractor shall have
available at the Pre-Job conference the plans and drawing for the work to be performed on the
Project. Should additional Project Work not previously included within the scope of the Project
Work be added, the Contractors performing such work will conduct a separate pre-job for such
newly included work.
ARTICLE 17
LABOR/MANAGEMENT
COOPERATION
Section 17.1 Joint Committee The Parties to this Agreement may establish a six (6) person Joint
Administrative Committee (JAC). This JAC shall be comprised of three (3) representatives
selected by the City and three (3) representatives selected by the Trades Council to monitor Community Workforce
Agreement
28 City of Santa
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City Council 18 – 252 1/21/2025
compliance with the terms and conditions of this Agreement and to recommend amendments to
this Agreement, with the exception of the dollar threshold specified in Section 2.2(a) and the term
of this Agreement under Section 22.1, when doing so would be to the mutual benefit of the Parties.
Each representative shall designate an alternate who shall serve in his or her absence for any
purpose contemplated by this Agreement. A quorum will consist of at least two (2) representatives
selected by the City and at least two (2) representatives selected by the Trades Council. For voting
purposes, only an equal number of City and Union representatives present may constitute a voting
quorum.
Section 17.2 Functions of Joint Committee The Committee shall meet on a schedule to be
determined by the Committee or at the call of the joint chairs, to discuss the administration of the
Agreement, the progress of the Project, general labor management problems that may arise, and
any other matters consistent with this Agreement. Substantive grievances or disputes arising under
Articles 7, 8 or 10 shall not be reviewed or discussed by this Committee, but shall be processed
pursuant to the provisions of the appropriate Article. The CWA Administrator shall be responsible
for the scheduling of the meetings, the preparation of the agenda topics for the meetings, with input
from the Unions the Contractors and the City. Notice of the date, time and place of meetings, shall
be given to the Committee members at least three (3) days prior to the meeting. The CWA
Administrator shall prepare quarterly reports on apprentice utilization and the training and
employment of City residents, and a schedule of Project Work and estimated number of craft
workers needed. The Committee or an appropriate subcommittee, may review such reports and
make any recommendations for improvement, if necessary, including increasing the availability
of skilled trades, and the employment of local residents or other individuals who should be assisted
with appropriate training to qualify for apprenticeship programs.
ARTICLE 18
SAVINGS AND
SEPARABILITY
Section 18.1 Savings Clause It is not the intention of the City, the CWA Administrator,
Contractor or the Union parties to violate any laws governing the subject matter of this Agreement.
The Parties hereto agree that in the event any provision of this Agreement is finally held or
determined to be illegal or void as being in contravention of any applicable law or regulation, the
remainder of the Agreement shall remain in full force and effect unless the part or parts so found
to be void are wholly inseparable from the remaining portions of this Agreement. Further, the
Parties agree that if and when any provision(s) of this Agreement is finally held or determined to
be illegal or void by a court of competent jurisdiction, the Parties will promptly enter into
negotiations concerning the substantive effect of such decision for the purposes of achieving
conformity with the requirements of any applicable laws and the intent of the Parties hereto. If the
legality of this Agreement is challenged and any form of injunctive relief is granted by any court,
suspending temporarily or permanently the implementation of this Agreement, then the Parties
agree that all Project Work that would otherwise be covered by this Agreement should be
continued to be bid and constructed without application of this Agreement so that there is no delay
or interference with the ongoing planning, bidding and construction of any Project Work.
Section 18.2 Effect of Injunctions or Other Court Orders The Parties recognize the right of the
City to withdraw, at its absolute discretion, the utilization of the Agreement as part of any bid
Community Workforce
Agreement
29 City of Santa
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City Council 18 – 253 1/21/2025
specification should a Court of competent jurisdiction issue any order, or any applicable statute
which could result, temporarily or permanently in delay of the bidding, awarding and/or
construction on the Project. Notwithstanding such an action by the City, or such court order or
statutory provision, the Parties agree that the Agreement shall remain in full force and the fact on
covered Project Work to the maximum extent legally possible.
ARTICLE
19 WAIVER
A waiver of or a failure to assert any provisions of this Agreement by any or all of the Parties
hereto shall not constitute a waiver of such provision for the future.
Any such waiver shall not
constitute a modification of the Agreement or change in the terms and conditions of the Agreement
and shall not relieve, excuse or release any of the Parties from any of their rights, duties or
obligations hereunder.
ARTICLE
20 AMENDMEN
The provisions of this Agreement can be renegotiated, supplemented, TS rescinded or otherwise
altered only by mutual agreement in writing, hereafter signed by the negotiating Parties hereto. In
the event of any conflict or ambiguity between this Agreement and any Attachment or exhibit, the
provisions of this Agreement shall govern.
ARTICLE 21
DURATION OF THE
AGREEMENT
Section 21.1
Duration
21.1.1 This Agreement shall be effective from the date signed by all Parties and shall
remain in effect for a period of ten (10) years. Any covered Project Work awarded during the term
of this Agreement shall continue to be covered hereunder, until completion of the Project Work,
notwithstanding the expiration date of this Agreement.
21.1.2 This Agreement may be extended by written mutual consent of the City, as directed
by the City Council and the signatory Unions for such further periods as the Parties shall agree to. Section 22.2 Turnover and Final Acceptance of Completed Work
22.2.1 Construction of any phase, portion, section, or segment of Project Work shall be
deemed complete when such phase, portion, section or segment has been turned over to the City
by the Contractor and the City has accepted such phase, portion, section, or segment. As areas and
systems of the Project are inspected and construction-tested and/or approved and accepted by the
City or third parties with the approval of the City, the Agreement shall have no further force or
effect on such items or areas, except when the Contractor is directed by the City to engage and
repairs or modifications required by its contract(s) with the City.
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22.2.2 Notice of each final acceptance received by the Contractor will be provided to the
Trades Council with the description of what portion, segment, etc. has been accepted. Final
acceptance may be subject to a “punch” list, and in such case, the Agreement will continue to apply
to each such item on the list until it is completed to the satisfaction of the City and Notice of
Completion is issued by the City or its representative to the Contractor. At the request of the Union,
complete information describing any “punch” list work, as well as any additional work required
of a Contractor at the direction of the City pursuant to Section 22.2.1 above, involving otherwise
turned-over and completed facilities which have been accepted by the City, will be available from
the CWA Administrator.
IN WITNESS whereof the Parties have caused this Community Workforce Agreement to be
executed as of the date and year above stated.
CITY OF SANTA
ANA
LOS ANGELES/ORANGE
COUNTIES
BUILDING &
CONSTRUCTION
TRADES COUNCIL
By:
_________________________
____
Kristine Ridge
By:
___________________________
_____
Chris Hannan
City
Manager
Executive
Secretary
ATTES
T:
By:
___________________________
_____
Jennifer L. Hall
City
Clerk
APPROVED AS TO
FORM:
_ ____________
Jose Montoya___
Assistant City
Attorney
RECOMMENDED
BY:
_____________________
__
Nabil Saba, P.E.
Executive Director Public
Works
Community Workforce
Agreement
31 City of Santa
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City Council 18 – 255 1/21/2025
LOS ANGELES/ORANGE COUNTIES BUILDING AND
CONSTRUCTION
TRADES COUNCIL CRAFT UNIONS AND
Asbestos Heat & Frost Insulators DISTRICT COUNCILS
(Local 5)
Boilermakers (Local 92)
__________________________
________
___________________________
_______
___________________________
_______
__________________________
________
___________________________
_______
___________________________
_______
__________________________
________
__________________________
________
__________________________
________
__________________________
________
__________________________
________
__________________________
________
__________________________
________
__________________________
________
__________________________
________
___________________________
_______
__________________________
________
__________________________
________
__________________________
________
__________________________
________
__________________________
________
__________________________
________
__________________________
________
__________________________
________
__________________________
________
Bricklayers & Allied
Craftworkers (Local 4)
Cement Masons (Local 500) District Council of
Laborers Electricians (Local
441) Elevator Constructors
(Local 18)
Gunite Workers (Local
345) Iron Workers (Reinforced –
Local 416)
Iron Workers (Structural –
Local 433)
Laborers (Local 300)
(remediation)
Laborers (Local 652)
Operating Engineers
(Local 12)
Operating Engineers
(Local 12)
Operating Engineers
(Local 12)
Painters & Allied Trades
DC 36
Pipe Trades (Local 250)
Pipe Trades (Local
345) Pipe Trades (Plumbers/Fitters
Local 582)
Pipe Trades (Sprinkler Fitters
Local 709)
Plasterers (Local 200) Plaster Tenders Local (1414)
Roofers & Waterproofers
(Local 220)
Sheet Metal Workers (Local
105)
Teamsters (Local 986) Southwest Mountain
States Regional Council of
Carpenters
_________________________
________
Community Workforce
Agreement
32 City of Santa
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City Council 18 – 256 1/21/2025
ATTACHMENT A – LETTER
OF ASSENT
To be signed by all contractors awarded work covered by the City of Santa Ana
Community Workforce Agreement prior to
commencing work.
[Contractor’s
Letterhead]
CWA Administrator
City of Santa Ana
1234 address
City, state, zip code
Attn:
__________________ Re: Community Workforce Agreement -
Letter of Assent
Dear
Sir:
This is to confirm that [name of company] agrees to be party to and bound by the City of Santa
Ana Community Workforce Agreement effective June 6, 2023, as such Agreement may, from
time to time, be amended by the negotiating parties or interpreted pursuant to its terms. Such
obligation to be a party and bound by this Agreement shall extend to all work covered by the
agreement undertaken by this Company on the project and this Company shall require all of its
contractors and subcontractors of whatever tier to be similarly bound for all work within the
scope of the Agreement by signing and furnishing to you an identical letter of assent prior to
their commencement of work.
Sincerel
y.
[Name of Construction
Company]
By: [_____________________] Name and Title of
Authorized Executive
Contractor State License No.:
______________________________
[Copies of this letter must be submitted to the CWA Administrator and to the Trades Council
Consistent with Section 2.6 (b).]
Community Workforce
Agreement
33 City of Santa
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City Council 18 – 257 1/21/2025
ATTACHMEN
T B
FIRST TIER ZIP CODES (CITY
BOUNDARY)
*Some Zip Codes shared with
neighboring cities92701
92702
92703
92704
92705
92706
92707
92711
92712
92725
92735
92799
*9286
6 *9286
8 Community Workforce
Agreement
34 City of Santa
Ana
City Council 18 – 258 1/21/2025
ATTACHMENT B –
Continued
SECOND TIER ZIP
CODES
REMAINDER OF ORANGE
COUNTY,
Zip
Code
92626 Costa
Mesa
Costa
Mesa
Costa
Mesa
Dana
Point
City 92627
92628
92629
90620
90621
90622
90623
90624
90630
90631
90632
90633
90680
Buena
Park
Buena
Park
Buena
Park
La Palma
Buena
Park
Cypress
La Habra
La Habra
La Habra
Stanton
92630 Lake
Forest
92637 Laguna
Woods
Huntington
92646
92647
92648
Beach
Huntingto
n
Beach
Huntingto
n
Beach
Huntingto
n
Beach
90720 Los
Alamitos
90721 Los
Alamitos
90740
92649
92650
92651 Laguna
Beach
92652 Laguna
Beach
92653 Laguna
Hills
92654 Laguna
Hills
92655 Midway
City
East
Irvine Seal
90742 Beach Sunset
Beach 90743
92602
92603
92604
Surfside
Irvine
Irvine
Irvine
Huntingto
n
Beach
92656 Aliso
92605 92657 Viejo Newport
Coast
92658 Newport
Beach
92659 Newport
Beach
92660 Newport
Beach
92661 Newport
Beach
92662 Newport
Beach
92663 Newport
Beach
92672 San
Clemente
92673 San
Clemente
92674 San
Clemente
San Juan
92606 Irvine
92607 Laguna
Niguel
92609 El
Toro
92610 Foothill
Ranch
92612
92614
Irvine
Irvine
Huntingto
n
Beach
92615
92616
92617
92618
92619
92620
92623
Irvine
Irvine
Irvine
Irvine
Irvine
Irvine
92675 Capistran
o
Silverad
o
92676
92677 Laguna
Niguel
Trabuco 92678 Canyon
Trabuc
o
Canyon
Capistran
o
Beach
92624 92679
92625 Corona Del
Mar
Community Workforce
Agreement
35 City of Santa
Ana
City Council 18 – 259 1/21/2025
92683
Westminster
92684
Westminster
92685
Westminster
Rancho
Santa
92823
92825
92831
92832
92833
92834
92835
92836
92837
92838
92840 Garden
Grove
92841 Garden
Grove
92842 Garden
Grove
92843 Garden
Grove
92844 Garden
Grove
92845 Garden
Grove
92846 Garden
Grove
92850
92856
92857
92859
92861
92862
92863
92864
92865
92866
92867
92868
92869
92870
92871
Brea
Anahei
m
Fullerto
n
Fullerto
n
Fullerto
n
Fullerto
n
Fullerto
n
Fullerto
n
Fullerto
n
Fullerto
n
92688 Margarit
92690 aMission
Viejo
92691 Mission
Viejo
92692 Mission
Viejo
San Juan
92693 Capistran
92694 oLadera
Ranch 92697
92698
Irvine
Aliso
92708 Viejo Fountain
Valley 92709
92710
Irvine
Irvine
92728 Fountain
Valley 92780
92781
92782
92801
92802
92803
92804
92805
92806
92807
92808
92809
92811
92812
92814
92815
92816
92817
92821
92822
Tustin
Tustin
Tustin
Anahei
m
Orange
Orange
Orange
Villa
Park
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Placenti
a
Placenti
a
Anahei
m
Anahei
m
Anahei
m
Anahei
m
Anahei
m
Anahei
m
Anahei
m
Anahei
m
Anahei
m
Atwood
Anahei
m
Anahei
m
Anahei
m
Anahei
m
Anahei
m
Brea
92885 Yorba
Linda
92886 Yorba
Linda
92887 Yorba
Linda
92899 Anahei
Brea m
Community Workforce
Agreement
36 City of Santa
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City Council 18 – 260 1/21/2025
ATTACHMEN
T C
CITY OF SANTA
ANA
CRAFT REQUEST
TO THE CONTRACTOR:
craft workers that fulfill the
Please complete and fax this form to the applicable union to request FORM hiring requirements for this project. After faxing your request, please call the Local to verify receipt and substantiate their
capacity to furnish workers as specified below. Please print your Fax Transmission Verification Reports and keep copies for your
records.
The City of Santa Ana Community Workforce Agreement establishes a goal that 30% of the total work hours shall
be:
First, from qualified workers residing in those in those U. S. Postal Service zip codes which overlap all of the City
of Santa Ana, as set forth in Attachment B and veterans, regardless of where they reside (Tier 1); and, Second, qualified workers residing within Orange County and individuals who have successfully completed the
Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program, regardless of where they reside. For Dispatch purposes, employees residing within either of these two (2) tiers, as well as Veterans and individuals
who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program,
regardless of where they reside, shall be referred to as Local Residents. TO THE UNION: Please complete the “Union Use Only” section on the next page and fax this form back to the requesting
Contractor. Be sure to retain a copy of this form for your records.
CONTRACTOR USE
ONLY
To: Union Local
#
Fax# ( ) Date:
Cc: CWA
Administrator From: Company:
Contact
Phone :(
Issued By:
Contact
Fax: (
) )
PLEASE PROVIDE ME WITH THE FOLLOWING UNION
CRAFT WORKERS.
Local
Resident, Number
of
workers
needed
Craft
Classification
( i.e., plumber,
painter,
etc.)
Journeyma
n
or
Apprentic
e
Veteran
or
General
Dispatch
Report
Date
Report
Time
TOTAL WORKERS REQUESTED =
______________
Please have worker(s) report to the following work
address indicated below: Project Name: _______________________ Site: _____________________ Address:
________________________
Report to: _______________________ On-site Tel: __________________ On-site Fax: ___________________ Comment or Special
Instructions:
_____________________________________
___________
Community Workforce
Agreement
37 City of Santa
Ana
City Council 18 – 261 1/21/2025
UNION USE
ONLY
Date dispatch request
received:
Dispatch received by: Classification of worker
requested:
Classification of worker
dispatched: WORKER
REFERRED
Name:
Date worker was
dispatched:
Is the worker referred
a:
(check all that
apply)
JOURNEYMAN
APPRENTICE
LOCAL
RESIDENT
VETERAN
Yes
_____
Yes
_____
Yes
_____
Yes
_____
Yes
_____
No
_____
No
_____
No
_____
No
_____
No
_____
GENERAL DISPATCH FROM OUT OF
WORK LIST
Community Workforce
Agreement
38 City of Santa
Ana
City Council 18 – 262 1/21/2025
ATTACHMEN
T D
List of Neutral
Arbitrators
Mark
Burstein
Fred
Horowitz
Najeeb
Khoury
Community Workforce
Agreement
39 City of Santa
Ana
City Council 18 – 263 1/21/2025
ATTACHMENT
“E”
SUBSTANCE ABUSE
POLICY
The Parties recognize the problems which drug and alcohol abuse have created in the construction
industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the
Parties agree that in order to enhance the safety of the work place and to maintain a drug and
alcohol free work environment, individual Contractors may require applicants or employees to
undergo drug and alcohol testing.
1. It is understood that the use, possession, transfer or sale of or other unlawful substances, as well as being under the influence of illegal drugs, narcotics, alcohol and the possession or
consuming alcohol is absolutely prohibited while employees are on the Contractor’s job premises
or while working on any jobsite in connection with work performed under the Community
Workforce Agreement (“CWA”).
2. No Contractor may implement a drug testing program which all respects to the provisions of does not conform in
this Policy.
3. No Contractor may implement drug testing at any jobsite given to the Union setting forth the location of the jobsite, a unless written notice is description of the project under
construction, and the name and telephone number of the Project Work Supervisor. Said notice
shall be addressed to the office of each Union signing the CWA. Said notice shall be delivered in
person or by registered mail before the implementation of drug testing.
Failure to give such notice
shall make any drug testing engaged in by the Contractor a violation of the CWA, and the
Contractor may not implement any form of drug testing at such jobsite for the following six
months.
4. An employer who elects to implement drug testing pursuant to require all employees on the Project Work to be tested. With respect to this Agreement shall individuals who become
employed on the Project Work subsequent to the proper
implementation of this drug testing
program, such test shall be administered upon the commencement of employment on the project,
whether by referral from a Union Dispatch Office, transfer from another project, or another
method. Individuals who were employed on the project prior to the proper implementation of this
drug testing program may only be subjected to testing for the reasons set forth in Paragraph 5(f)
(1) through 5(f) (3) of this Policy. Refusal to undergo such testing shall be considered sufficient
grounds to deny employment on the project.
5. The following procedure shall apply to all drug testing:
a. The Contractor may request urine samples only. The
shall not be observed when the urine specimen is given. An applicant or applicant or employee employee, at his or her
sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the
Contractor shall draw blood from a bargaining unit employee, touch or handle urine specimens, or
in any way become involved in the chain of custody of urine or blood specimens. A Union Business
Representative, subject to the approval of the individual applicant or employee, shall be permitted
Community Workforce
Agreement
40 City of Santa
Ana
City Council 18 – 264 1/21/2025
to accompany the applicant or employee to the collection facility to observe the collection,
bottling, and sealing of the specimen.
b. The testing shall be done by a laboratory approved by & Mental Health Services Administration (SAMHSA), which is chosen the Substance Abuse by the Contractor and the
Union.
c. An initial test shall be performed using the
Immunoassay Technique (EMZT). In the event a question or positive Enzyme Multiplied result arises from the initial
test, a confirmation test must be utilized before action can be taken against the applicant or
employee. The confirmation test will be by Gas Chromatography Mass Spectrometry (GC/MS).
Cutoff levels for both the initial test and confirmation test will be those established by the
SAMHSA. Should these SAMHSA levels be changed during the course of this agreement or new
testing procedures are approved, then these new regulations will be deemed as part of this existing
agreement. Confirmed positive samples will be retained by the testing laboratory in secured longterm frozen storage for a minimum of one year. Handling and transportation of each sample must
be documented through strict chain of custody procedures. d. In the event of a confirmed positive test result the may request, within forty-eight (48) hours, a sample of his/her applicant or employee specimen from the testing
laboratory for purposes of a second test to be performed at a second laboratory, designated by the
Union and approved by SAMHSA. The retest must be performed within ten (10) days of the
request. Chain of custody for this sample shall be maintained by the Contractor between the
original testing laboratory and the Union's designated laboratory.
Retesting shall be performed at
the applicant’s or employee’s expense. In the event of conflicting test results the Contractor may
require a third test.
e. If, as a result of the above testing procedure, it is applicant or employee has tested positive, this shall be considered determined that an sufficient grounds to deny the
applicant or employee his/her employment on the Project Work. f. No individual who tests negative for drugs or alcohol procedure and becomes employed on the Project Work shall again be pursuant to the above subjected to drug testing
with the following exceptions:
1. Employees who are involved in industrial
damage to plant, property or equipment or injury to him/herself or accidents resulting in others may be tested pursuant
to the procedures stated hereinabove.
2. The Contractor may test employees following
advance written notice to the employee(s) to be tested and to the thirty (30) days applicable Union. Notice to the
applicable Union shall be as set forth in Paragraph 3 above and such testing shall be pursuant to
the procedures stated hereinabove. 3. The Contractor may test an employee where the reasonable cause to believe that the employee is impaired from Contractor has performing his/her job. Reasonable
Community Workforce
Agreement
41 City of Santa
Ana
City Council 18 – 265 1/21/2025
cause shall be defined as exhibiting aberrant or unusual behavior, the type of which is a recognized
and accepted symptom of impairment (i.e., slurred speech, unusua1 lack of muscular coordination,
etc.). Such behavior must be actually observed by at least two persons, one of whom shall be a
Supervisor who has been trained to recognize the symptoms of drug abuse or impairment and the
other of whom shall be the job steward. If the job steward is unavailable or there is no job steward
on the project the other person shall be a member of the applicable Union’s bargaining unit. Testing
shall be pursuant to the procedures stated hereinabove. Employees who are tested pursuant to the
exceptions set forth in this paragraph and who test positive will be removed from the Contractor's
payroll.
g. Applicants or employees who do not test positive shall lost while undergoing drug testing. Payment shall be at the applicable be paid for all time wage and benefit rates set
forth in the applicable Union’s Master Labor Agreement. Applicants who have been dispatched
from the Union and who are not put to work pending the results of a test will be paid waiting time
until such time as they are put to work. It is understood that an applicant must pass the test as a
condition of employment. Applicants who are put to work pending the results of a test will be
considered probationary employees.
6. The employers will be allowed to conduct periodic job site Project under the following drug testing on the
conditions:
a. The entire jobsite must be tested, including any employee employee who worked on that project three (3) working days before or or subcontractor’s after the date of the test;
b. Jobsite testing cannot commence sooner than thirty (30) the work on the days after start of
Project;
c. Prior to start of periodic testing, a business
to conduct an educational period on company time to explain periodic representative will be allowed jobsite testing program to
affected employees;
d. Testing shall be conducted by a SAMHSA certified
the provisions set forth in Paragraph 5 laboratory, pursuant to hereinabove.
e. Only two periodic tests may be performed in a
twelve month period.
7. It is understood that the unsafe use of prescribed medication, prescribed medication impairs the employee's ability to perform work, is a or where the use of basis for the Contractor
to remove the employee from the jobsite.
8. Any grievance or dispute which may arise out of the
shall be subject to the grievance and arbitration procedures application of this Agreement set forth in the CWA.
9. The establishment or operation of this Policy shall not employee found in any law, rule or regulation. Should any part of curtail any right of any this Agreement be found
unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the
Community Workforce
Agreement
42 City of Santa
Ana
City Council 18 – 266 1/21/2025
parties, the remaining portions of the Agreement shall be unaffected and the parties shall enter
negotiations to replace the affected provision.
10. Present employees, if tested positive, shall have the program at the employee’s expense. When such program has been prerogative for rehabilitation successfully completed the
Contractor shall not discriminate in any way against the employee. If work for which the employee
is qualified exists he/she shall be reinstated. 11. The Contractor agrees that results of urine and blood tests be considered medical records held confidential to the extent permitted performed hereunder will or required by law. Such
records shall not be released to any persons or entities other than designated Contractor
representatives and the applicable Union. Such release to the applicable Union shall only be
allowed upon the signing of a written release and the information contained therein shall not be
used to discourage the employment of the individual applicant or employee on any subsequent
occasion.
12. The Contractor shall indemnify and hold the Union harmless claims, demands, suits, or liabilities that may arise out of the application against any and all of this Agreement and/or
any program permitted hereunder.
13. Employees who seek voluntary assistance for substance disciplined for seeking such assistance. Requests from employees for abuse may not be such assistance shall remain
confidential and shall not be revealed to other employees or management personnel without the
employee's consent. Employees enrolled in substance abuse programs shall be subject to all
Contractor rules, regulations and job performance standards with the understanding that an
employee enrolled in such a program is receiving treatment for an illness.
14. This Memorandum, of Understanding shall constitute the only Agreement in effect
between the parties concerning drug and alcohol abuse, prevention and testing. Any modifications
thereto must be accomplished pursuant to collective bargaining negotiations between the parties.
Community Workforce
Agreement
43 City of Santa
Ana
City Council 18 – 267 1/21/2025
DRUG ABUSE PREVENTION AND
DETECTION
APPENDIX A
CUTOFF
LEVELS
SCREENING SCREENING CONFIRMATION
DRUG CONFIRMATION METHO
D
LEVEL
**
METHO
D
LEVE
L
Alcoho
l
EMIT
EMIT
EMIT
EMIT
EMIT
EMIT
EMIT
EMIT
0.02%
1000 ng/m*
CG/MS
300 ng/ml
300 ng/ml
300 ng/ml*
CG/MS
300 ng/ml
300 ng/ml
2000 ng/ml*
CG/MS
25 ng/ml*
50 ng/ml*
300 ng/ml
CG/M
S
0.02%
Amphetamines
Barbiturates
Benzodiazepines
Cocaine
Methadone
Methaqualone
Opiates
PCP (Phencyclidine)
EMIT
THC (Marijuana)
Propoxyphene
500
ng/ml*
200 ng/ml
300 ng/ml
150
ng/ml*
100 ng/ml
300 ng/ml
2000
ng/ml*
25 ng/ml*
15 ng/ml*
100 ng/ml
CG/M
S
CG/M
SCG/M
S
CG/M
SCG/M
S
CG/M
S
CG/M
S
EMIT
EMIT
* SAMHSA specified
threshold
** A sample reported positive contains the Indicated drug at or that drug. A negative sample either contains no drug or contains a drug above the cutoff level for below the cutoff level.
EMIT
-
Enzyme
CC/MS - Gas Chromatography/Mass Immunoassay
Spectrometry
Community Workforce
Agreement
44 City of Santa
Ana
City Council 18 – 268 1/21/2025
SIDE LETTER OF
AGREEMENT
TESTING POLICY FOR
It is hereby agreed between the parties hereto that an Contractor who has DRUG ABUSE otherwise properly
implemented drug testing, as set forth in the Testing Policy for Drug Abuse, shall have the right
to offer an applicant or employee a “quick” drug screening test. This “quick” screen test shall
consist either of the “ICUP” urine screen or similar test or an oral screen test. The applicant or
employee shall have the absolute right to select either of the two “quick” screen tests, or to reject
both and request a full drug test.
An applicant or employee who selects one of the quick screen tests, and who passes the test,
shall be put to work immediately. An applicant or employee who fails the “quick” screen test, or
who rejects the quick screen tests, shall be tested pursuant to the procedures set forth in the
Testing Policy for Drug Abuse. The sample used for the “quick” screen test shall be discarded
immediately upon conclusion of the test. An applicant or employee shall not be deprived of any
rights granted to them by the Testing Policy for Drug Abuse as a result of any occurrence related
to the “quick” screen test.
Community Workforce
Agreement
45 City of Santa
Ana
City Council 18 – 269 1/21/2025
CITY OF SANTA
ANAAPPENDI
PROJECT NO.: 25-6030 X I
TRAFFIC SIGNAL INSTALLATION AT SEGERSTROM
AVENUE AND ROSEWOOD
AVENUE
SCE
PLANS
City Council 18 – 270 1/21/2025
Contact USA
Dial 811 or 800- 422-4133 www.digalert.or g/contact
City Council 18 – 271 1/21/2025
EXHIBIT 3
City Council 18 – 272 1/21/2025
City Council 18 – 273 1/21/2025
City Council 18 – 274 1/21/2025
CITY OF SANTA ANA
CONSTRUCTION CONTRACT
rev. 08/01/2023 Page 1 of 3
PROJECT NO. 25-6030
TRAFFIC SIGNAL INSTALLATION AT SEGERSTROM AVENUE AND ROSEWOOD AVENUE This CONSTRUCTION CONTRACT is made and entered into this 21st day of January, 2025 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and Select Electric, Inc. (hereinafter “CONTRACTOR”).
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Traffic Signal Installation at Segerstrom Avenue and Rosewood Avenue Project (hereinafter referred to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract Documents prepared by the City’s Public Works Agency and approved by the City Council.
2. The complete Construction Contract consists of the “Contract Documents” as defined by the Standard Specifications for Public Works Construction and which include the following:
Notice Inviting Bids
Information to Bidders
Bid Proposal
Bid Bond
Contract Form
Contract Bonds
General Provisions
Special Provisions
Technical Provisions and Project Plans
Community Workforce Agreement
Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction.
3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Nine Hundred Ninety-Four Thousand One Hundred Forty-Nine Dollars and No Cents ($994,149.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A”.
The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable.
EXHIBIT 4
City Council 18 – 275 1/21/2025
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit “A”) including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law.
6. If applicable, the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City’s website at: https://www.santa-ana.org/documents/community-workforceagreement/community-workforce-agreement-12_20_2023/
7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY.
8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price.
9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker’s Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.
10. INDEMNIFICATION.
To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier;
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; City Council 18 – 276 1/21/2025
Nabil Saba
Digitally signed by Nabil
Saba
Date: 2025.01.13 15:51:47
-08'00'
City Council 18 – 277 1/21/2025
City Council 18 – 278 1/21/2025
City Council 18 – 279 1/21/2025
City Council 18 – 280 1/21/2025
City Council 18 – 281 1/21/2025
EXHIBIT 5
Construction Contract 994,149.00 $
Contract Administration, Inspection and Testing 149,122.00 $ Contingencies 99,415.00 $
TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,242,686.00
CONSTRUCTION OF PROJECT NO. 25-6030: Traffic Signal Installation at Segerstrom Avenue and Rosewood Avenue
COST ANALYSIS
City Council 18 – 282 1/21/2025
EXHIBIT 6
City Council 18 – 283 1/21/2025
City Council 18 – 284 1/21/2025
City Council 18 – 285 1/21/2025
CITY OF SANTA ANA FY 24/25CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:
Install a new traffic signal on Segerstrom Avenue at Rosewood Avenue.
PROJECT NEED:
Project is needed to enhance traffic safety and increase mobility.
PROJECT TITLE:
Segerstrom Ave and Rosewood Ave
Traffic Signal Installation
PROJECT CATEGORY:
Traffic Improvements
Traffic Improvements
LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:
Public Works Traffic Engineering Cesar Rodriguez, Senior Civil Engineer 09-Jan-2025 PROJECT COSTS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Construction 1,242,686 - - - - - -
TOTAL 1,242,686 - - - - - -
SOURCE OF FUNDS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 CMAQ 1,242,686 - - - - - -
TOTAL 1,242,686 - - - - - -
City Council 18 – 286 1/21/2025
Public Works Agency
www.santa-ana.org/pw
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 21, 2025
TOPIC: Street Improvements on Croddy Way from Chandler Avenue to MacArthur Boulevard
AGENDA TITLE
Appropriation Adjustment and Agreement with Mesa Consolidated Water District for Street Improvements on Croddy Way from Chandler Avenue to MacArthur Boulevard (Project No. 25-6425) (Non-General Fund)
RECOMMENDED ACTION
1. Approve an appropriation adjustment recognizing $897,000 of prior-year fund balance in the Select Street Construction, Prior Year Carryforward revenue account (No. 05917002-50001) and appropriate the same amount into the Select Street Construction, Improvements Other Than Buildings expenditure account (No. 05917660-66220). (Requires five affirmative votes.)
2. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to add funds in the amount of $897,000 to Project No. 25-6425, Croddy Way Street Improvements Project (Project No. 25-6425).
3. Authorize the City Manager to execute a Cooperative Cost Reimbursement Agreement with the Mesa Consolidated Water District for improvements on Croddy Way within Santa Ana from Chandler Avenue to MacArthur Boulevard (Agreement No. A-2025-XXX).
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The Public Works Agency Engineering Division is responsible for the administration and oversight of all Capital Improvement Projects in the City. Mesa Consolidated Water District (MCWD) was issued a permit to construct a water transmission pipeline, and related facilities, to transmit water from their two new groundwater wells in the City located along Croddy Way. The permit required MCWD to restore the street with a simple trench cut patch per City standard plans, which results in new pavement that is two feet wider than the trench. Upon performing these project improvements, there was significant disruption to the businesses on Croddy Way, significantly deteriorating the condition of the street pavement.
City Council 19 – 1 1/21/2025
Street Improvements on Croddy Way from Chandler Avenue to MacArthur Boulevard January 21, 2025
As a result, MCWD has agreed to expand their restoration to include full depth street replacement from curb to curb on Croddy Way between Garry Avenue and MacArthur Boulevard, as well as full depth replacement of the eastern half of Croddy Way between Chandler Avenue and Garry Avenue (Exhibit 1).
In order to provide for a complete reconstruction of Croddy Way, staff requests Council approval of the cooperative agreement (Exhibit 2) and share in the costs of the street improvements for a full depth replacement and construction from curb to curb along the entire project limits. The scope of work includes excavation, grading, removal and replacement of asphalt concrete pavement and Portland cement concrete, and signing and striping. Once completed, the improvements will enhance the street’s drivability, visual appearance, accessibility, and drainage issues.
The Cooperative Cost Reimbursement Agreement between the City of Santa Ana and MCWD identifies the roles and responsibilities of each party and has estimated each agency’s share of the project costs. The City’s share of the project construction costs is not to exceed $897,000. MCWD will act as the project lead and is responsible for design, bidding, and construction administration of the project. MCWD’s share of the construction contract is in the amount of $1,949,000.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action. Mesa Consolidated Water District will conduct this analysis as part of their design effort and their board will approve as project lead.
FISCAL IMPACT
With the approval of the appropriation adjustment, a portion of the accumulated fund balance will be appropriated for spending in the Select Street Construction, Improvements Other Than Buildings expenditure account (No. 05917660-66220). The spendable portion of the fund balance is estimated to be $10,740,138 at June 30, 2025, which is sufficient to allow for the recommended appropriation of $897,000.
The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project (Exhibit 3). Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers beyond fiscal year 2024-25 until project completion.
Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.
Description
Amount
Appropriation Adjustment
City Council 19 – 2 1/21/2025
Street Improvements on Croddy Way from Chandler Avenue to MacArthur Boulevard January 21, 2025
Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.
Description
Amount
2024-25 05917660-66220
(25-6425)
Select Street
Construction
Select Street
Construction,
Improvements Other
Than Buildings
$897,000
Total $897,000
EXHIBIT(S)
1. Project Location Map
2. Cooperative Agreement
3. FY 24-25 CIP Worksheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 19 – 3 1/21/2025
PWA
SANTA ANA
PUBLIC WORKS AGENCY
LOCATION MAP
Exhibit 1
Project Location / Limits
Legend
GARRY AV
SHANNON ST
HARBOR GATEWAY N
SCENIC AV
YALE ST
CARRIAGE DR
SUSAN ST
SUSAN
ST
ALPINE AV
CENTRAL AV
ADAMS ST
YALE ST
CENTRAL AV
YALE ST
GARRY AV GARRY AV
MOORE AV
CADILLAC AV
MOORE AV
CRODDY WY
SHANNON
ST
SUSAN ST
Y
A
L
E
S
T
JUNIPER AV
PENDLETON AV
YALE ST
OTIS ST
PARK DR
PARK DR
LAKE CENTER DR (JUNIPER AV)
HOWARD WY
SHANNON ST
SUSAN ST
SUSAN ST
WARNER AV (WINTERSBURG AV)
MAC ARTHUR BLVD (TALBERT AV)
HARBOR BLVD HARBOR BLVD
MAC ARTHUR BLVD (TALBERT AV)
HARBOR BLVD
SEGERSTROM AV
HARBOR BLVD
HYLAND AV
WARNER AV (DELHI)
WARNER
AV
(DELHI
RD)
WARNER AV
WARNER AV (DELHI)
HARBOR
BLVD
SLATER AV
NEWHOPE ST NEWHOPE ST
SLATER AV M
T
C
L
I
F
F
W
O
O
D
C
I
R
MARTENS RIVER CI
COLEY RIVER CIR
WINTERSBURG AV
SCENIC AV
CRODDY WY
CHANDLER AV
CARRIAGE DR
CRODDY WY
SEGERSTROM AV
SANTA
ANA
RIVER
SANTA
ANA
RIVER
CRODDY WY
from Chandler Avenue to MacArthur Boulevard
Street Improvements on Croddy Way
City Council 19 – 4 1/21/2025
EXHIBIT 2
COOPERATIVE COST REIMBURSEMENT AGREEMENT
FOR CRODDY WAY STREET IMPROVEMENTS PROJECT
COOPERATIVE COST REIMBURSEMENT AGREEMENT ("Agreement"), is made and entered into this ____ day of ____________, 2024, by and between the CITY OF SANTA ANA, a California charter city (“Santa Ana" or “City”), and the MESA WATER DISTRICT, a county water district organized and existing pursuant to the laws of the State of California ("Mesa Water"). In this Agreement, Santa Ana and Mesa Water may each be individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS:
WHEREAS, on August 12, 2021, Mesa Water was issued Permit No. S0104786 (“2021 Permit”) to construct a water transmission pipeline, and related facilities, to transmit water from Mesa Water’s two new groundwater wells located along Croddy Way within the City; and
WHEREAS, the 2021 Permit required Mesa Water to restore the affected street(s) with a simple trench cut patch pursuant to City standard plans, which generally results in new pavement that is two feet wider than the trench followed by a thin curb to curb grind and overlay; and
WHEREAS, due to the existing pavement condition and construction activities, Mesa Water has agreed to expand its street surface restoration to include a full depth street replacement from curb to curb on Croddy Way between Garry Avenue and MacArthur Boulevard, the full depth replacement of the eastern half of Croddy Way between Chandler Avenue and Garry Avenue, and the northerly half of Chandler between the western boundary of 4011 W Chandler Avenue and Croddy (APN 415-014-03) in the City of Santa Ana (collectively, the “Mesa Water® Scope”); and WHEREAS, Santa Ana has additional areas requiring full depth street replacement of the western half of Croddy Way between Chandler Avenue and Garry Avenue and the southerly half of Chandler between the western boundary of 4011 W Chandler Avenue and Croddy (APN 415-014-03) in the City of Santa Ana (collectively, the “Santa Ana Scope”); and
WHEREAS, in an effort to efficiently utilize Mesa Water’s resources, Mesa Water and Santa Ana desire to enter a cooperative agreement and share in the costs of the street improvements incorporating both the Mesa Water® Scope and the Santa Ana Scope (collectively, the “Project”); and
WHEREAS, the scope of work of the Project includes excavation, grading, removal and replacement of asphalt concrete pavement and Portland cement concrete, and signing and striping; and
City Council 19 – 5 1/21/2025
WHEREAS, once completed, the improvements will enhance the streets’ drivability, visual appearance, accessibility, and drainage, NOW, THEREFORE, based upon the foregoing Recitals, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by all Parties, the Parties agree as follows:
1. Mesa Water shall perform and/or contract for the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the Project. As a material component of this Agreement, City will reimburse Mesa Water for the costs associated with the Project area square footage identified in Project Location Map (Exhibit A) and Cost Estimate (Exhibit B) (the “City Contribution”) in an amount equal to 30% of the total completed construction costs plus administrative costs of the Project, but in no event shall City’s 30% share exceed $897,000 or Mesa Water’s share exceed $1,949,000, as detailed in Exhibit B. Should Mesa Water receive grant funding applicable to the Project cost, such funds will be allocated to the total construction costs of the Project and each Party's share of construction costs funding shall be proportionately reduced. Any offset to the Project costs due to the receipt of grant funding shall require Mesa Water to refund each Party's proportional share of the construction costs, as may be reduced by such grant funding.
2. Mesa Water is responsible for initially funding that portion of the Project within the City limits, as set forth in Exhibit B. Upon completion of the Project, Mesa Water will provide the City with a copy of the completed and filed Notice of Completion. Mesa Water shall provide the City with an accounting of all Project costs and shall provide copies of contract invoices and related documentation upon request. Within forty-five (45) days of receipt of such Project costs accounting the City shall provide payment to Mesa Water of 30% of the Project construction costs.
3. Mesa Water will act as the Project lead and organizer, and is responsible for design, bidding, and construction administration of the Project.
4. City will coordinate the relocation of all affected utility company facilities within the City limits to facilitate the completion of the Project in a timely manner.
5. City and Mesa Water shall extend to each other cooperation and proceed under this Agreement in a good faith manner to facilitate timely completion of the Project and comply with the terms hereof. The Parties agree that when any component of this Project is subject to the approval of the City or Mesa Water, such approval shall not be unreasonably withheld.
6. City will issue a new Permit applicable to Project work (“Project Permit”).
The 2021 Permit may be closed upon action by the Mesa Water Board of Directors (“Mesa Water Board”) of a construction contract for Project work. Such Project Permit will be promptly issued at no cost to Mesa Water or its contractor. 2 City Council 19 – 6 1/21/2025
7. City will be notified as to the official advertising dates, bid opening date, construction start date, and overall construction schedule for the Project. Also, a representative from City will be invited to attend pre-construction, Project status, and final walk through meetings.
8. The Project costs represented in this Agreement are the contract costs based upon the Mesa Water contract amount plus Mesa Water’s administration costs.
Change orders applicable to such contract must receive the written approval of the Executive Director of Public Works of Santa Ana or their designee prior to implementation.
Such approval shall not be unreasonably withheld, and, if such approval results in an adjustment to the contract amount (Project cost), City shall be responsible for its proportional allocation of the increased costs pursuant to the terms hereof.
9. The following staff members, or as otherwise designated in writing by either Party, shall be the designated representatives of each Party to act on each respective Party’s behalf with respect to this Agreement. Any notices, requests, approvals, plan submittals or communications shall be provided to each representative noted below:
City of Santa Ana:
ATTN: Rudy Rosas
Deputy Public Works Director/City Engineer
Public Works Agency
Santa Ana, CA 92701
20 Civic Center Plaza, M-21
Mesa Water District:
ATTN: Andrew D. Wiesner, P.E.
District Engineer
1965 Placentia Avenue
Costa Mesa, CA, 92627
10. Mesa Water shall cause its contractors for the Project to guarantee the Project improvements against defects in workmanship and materials for a period of one (1) year from the date of acceptance. It is further agreed that Mesa Water shall assume the responsibility for causing the Project improvements to be brought or restored to full compliance with the requirements of the Plans and Specifications for any portion of the Project which during said one (1) year period are found not to be in conformance with the provisions of the Plans and Specifications.
11. Mesa Water shall have its contractors and/or consultants provide insurance as set forth in Exhibit C, attached hereto and incorporated herein by this reference.
12. This Agreement contains all of the agreements of the Parties regarding the Project and Project costs and all previous understandings, negotiations and agreements 3 City Council 19 – 7 1/21/2025
regarding the Project and Project costs are integrated into, and superseded by, this Agreement.
13. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by authorized officers of both Parties.
14. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder.
15. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly 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.
16. This Agreement shall be binding upon and shall endure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors, and assigns.
17. This Agreement may be executed by the Parties and counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.
18. This Agreement is to be governed by the laws of the State of California.
Venue for any disputes concerning this Agreement shall lie in Orange County, California.
19. Each Party agrees to defend, hold harmless, and indemnify the other as to any and all claims, judgments, liabilities or damages for injuries and damages directly arising out of each Party's own performance or omission(s) under this Agreement, except to the extent such damage or expense is caused in whole or in part by the other Party's negligence or willful misconduct.
[signatures contained on following page]
51539280.2
4 City Council 19 – 8 1/21/2025
SIGNATURE PAGE FOR COOPERATIVE COST REIMBURSEMENT AGREEMENT
FOR CRODDY WAY STREET IMPROVEMENTS PROJECT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
JENNIFER L. HALL
City Clerk
ALVARO NUNEZ
City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
RECOMMENDED FOR APPROVAL:
Nabil SabaDate: 2025.01.09 09:34:09
Digitally signed by Nabil Saba
-08'00'
NABIL SABA
Executive Director PublicWorks
Agency
Assistant City Attorney
MESA WATER DISTRICT:
By: Paul E. Shoenberger, P.E.
Title: General Manager
City Council 19 – 9 1/21/2025
Exhibit A
Location Map
[CRODDY WAY STREET IMPROVEMENTS PROJECT]
City Council 19 – 10 1/21/2025
3,500 sf
3,100 sf 6,600 sf
5,800 sf 5,800 sf
Photo 4
30,600 sf 30,600 sf
23,600 sf
6,600 sf
30,200 sf
Photo 3
5,500 sf 5,500 sf
Photo 1
18,800 sf
4,600 sf
23,400 sf
11,300 sf 11,300 sf
7,300 sf
Photo 2
7,300 sf
60'-0" 60'-0"
Figure 1. Area of pavement impacted by construction
(blue) versus area of pavement not impacted by
construction (Red)
Figure 2. Area of pavement restoration requested
City Council 19 – 11
by Mesa Water (blue)
1/21/2025
Exhibit B
Cost Estimate
[CRODDY WAY STREET IMPROVEMENTS PROJECT]
City Council 19 – 12 1/21/2025
CITY OF SANTA ANA
Preparer:
Reviewer:
Project No.:
Date Revised:
Date Reviewed:
10/17/24
COST ESTIMATE
S CRODDY WAY (Full Depth AC 7.5")
Item Mesa Water District City of Santa Ana
No. NO. DESCRIPTION UNIT Unit Price Quantity
2,100
3,570
35 Cost Quantity Cost
1 2
3 4
Unclassified Excavation CY
TN
EA
EA
$
$
$
$
288.00
218.00
$
$
$
$
604,800.00
778,300.00
59,500.00
1,850.00
900
1,800
0 $ 259,200.00
Asphalt Concrete (T=7.5") $ 392,400.00
Adjust Water Valve Frame and Cover
Adjust Manhole Frame and Cover
1,700.00
1,850.00
$ -
1 7 $ 13,000.00
SUBTOTAL CONSTRUCTION COST $ 1,444,450.00 $ 664,600.00
Design Engineering 10%
10%
15%
$
$
$
144,000.00
144,000.00
217,000.00
$ 66,000.00
Contingency $ 66,000.00
Construction Engineering
TOTAL PROJECT COST
$ 100,000.00
$ 1,949,000.00 $ 897,000.00
10/17/2024
City Council 19 – 13 1/21/2025
EXHIBIT C
Insurance Provisions
C-1 INSURANCE AMOUNTS. Contractor shall maintain the following insurance for the duration of 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.
MINIMUM SCOPE AND LIMIT 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 $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 $3,000,000.
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. Builder’s Risk (Course of Construction) (BR). Utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
5. 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.
C-1
City Council 19 – 14 1/21/2025
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 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.
C-2
City Council 19 – 15 1/21/2025
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), 20 Civic Center Plaza M-XX (Responsible Staff’s Department Mail Box), Santa Ana, CA 92701. The name and location of project must be 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.
C-3
City Council 19 – 16 1/21/2025
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 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.
C-4
City Council 19 – 17 1/21/2025
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.
C-5
City Council 19 – 18 1/21/2025
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EXHIBIT 3
City Council 19 – 19 1/21/2025
Public Works Agency
www.santa-ana.org/pw
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 21, 2025
TOPIC: Sidewalk Replacement Project
AGENDA TITLE
Award a Construction Contract to Aguilar & Calderon Corporation for the Sidewalk Replacement Project FY 24-25 (No. 25-6029) (Non-General Fund)
RECOMMENDED ACTION
1. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include $1,000,000 in construction funds for the Sidewalk Replacement Project FY 24-25 (No. 25-6029).
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,000,000, which includes $731,255 for the construction contract, $85,932 for contract administration, inspection, and testing, $73,126 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project, and $109,687 for additional work for contract change orders needed to reduce the City’s sidewalk repairs backlog.
3. Award a construction contract to Aguilar & Calderon Corporation, the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $731,255, subject to change orders, for construction of the Sidewalk Replacement Project FY 24-25 Project (No. 25-6029), for a term beginning January 21, 2025 and ending upon project completion, and authorize the City Manager to execute the contract.
4. Determine that pursuant to the California Environmental Quality Act the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-102 was filed for Project No. 25-6029.
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The Public Works Agency is responsible for identifying the preventative maintenance requirements for the City’s sidewalk network. The Sidewalk Replacement Project FY 24- 25 Project (No. 25-6029) will consist of the localized replacement of concrete sidewalks, City Council 20 – 1 1/21/2025
Sidewalk Replacement Project
January 21, 2025
curb and gutter, driveways, and curb ramps (Exhibit 1). The Sidewalk Replacement Program makes repairs citywide, every year focusing on a specific geographic area of the City. This fiscal year will focus on the west side of the City. Once completed, these improvements will improve the City’s overall sidewalk conditions, enhance the visual appearance of the street, upgrade pedestrian access, drainage, and support compliance with Americans with Disabilities Act (ADA) standards.
Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 62 regional vendors via PlanetBids, many of which are Santa Ana based. Furthermore, staff specifically reached out to Santa Ana vendors to encourage their participation in bids. A total of 12 bids were received. No bids were received from Santa Ana contractors.
As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on October 1, 2024 and October 8, 2024. The project was also advertised in PlanetBids from October 1, 2024 to October 24, 2024. Bids were received electronically via PlanetBids on October 24, 2024. No bid protest was submitted by any of the bidders during the bid protest period.
Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID +
ALTERNATES
1 Aguilar & Calderon Corporation Whittier, CA $731,255
2 CJ Concrete Construction, Inc. Santa Fe Springs, CA $747,705 3 SAVI Construction Inc. Chino, CA $784,505
4 Hardy & Harper, Inc. Lake Forest, CA $800,015
5 Nobest Incorporated Westminster, CA $868,555
6 Carter Enterprises Group Inc. Anaheim, CA $876,000
7 Asad Holdings LLC Laguna Hills, CA $892,025
8 Addison-Miller Inc. Orange, CA $970,605
9 Vido Samarzich, Inc. Rancho Cucamonga, CA $978,280
10 A M Concrete, Inc. Thousand Oaks, CA $998,505
11 EBS General Engineering Inc. Corona, CA $1,124,305
12 Aster Construction Services,
Inc. Los Angeles, CA $1,546,905
A total of 12 bids were received and 12 were deemed responsive. Aguilar & Calderon Corporation submitted the lowest responsive base bid and bid alternates in the amount of $731,255 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Aguilar & Calderon Corporation (Exhibit 3).
City Council 20 – 2 1/21/2025
Sidewalk Replacement Project
January 21, 2025
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes a budget allocation for construction administration, inspection, and testing. Construction administration and inspection may be performed by either staff or consultants and includes construction management, inspection of the Contractor’s work to ensure contract compliance, workmanship and quality, materials testing, and implementation of the labor requirements.
Any of the allocated construction administration funds not spent are considered project savings and are returned to the respective fund balance upon close out of the project.
Staff requests the approval of City Council to allocate and authorize an additional work fund of $109,687. Since the construction contract bid amount came in under budget with favorable unit pricing, it allows the opportunity for reconstruction of additional sidewalks, curbs, and gutters. This additional work fund will enable staff to issue contract change orders to add additional work necessary to reduce the citywide backlog of sidewalk improvements.
As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,000,000.
Project Item Total
Construction Contract Bid Amount $731,255
Construction Administration $39,000
Inspection $37,181
Testing $9,751
Project Contingencies $73,126
Additional Work Fund $109,687
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $1,000,000
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(b) of the CEQA Guidelines for projects consisting of repair/maintenance of existing public facilities. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER-2024-102 was filed for Project 25-6029 (Exhibit 5).
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,000,000. All funds are available for expenditure in Fiscal Year 2024-2025.
Any remaining balances not expended at the end of the fiscal year will be carried forward into Fiscal Year 2025-2026.
City Council 20 – 3 1/21/2025
Sidewalk Replacement Project
January 21, 2025
The proposed contract authorizes staff a maximum of 10% in contingencies for construction contract change orders for additional sidewalk repairs. Staff will return to City Council for authorization and appropriation of additional contingency if necessary.
The funds will be budgeted and available for this item in the account below.
Fiscal
Year
Accounting Unit
– Account No.
(Project No.)
Fund
Description
Accounting Unit,
Account Description Amount
CURRENT BUDGET
2024-25 01117626-62300
(25-6029)
General
Fund
PW Sidewalks – Service
Enhancement,
Contract ServicesProfessional
$1,000,000
TOTAL $1,000,000
EXHIBIT(S)
1. Location Map
2. Bid Proposal
3. Construction Contract
4. Cost Analysis
5. Environmental Determination
6. Capital Improvement Project Worksheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 20 – 4 1/21/2025
PWA
SANTA ANA
PUBLIC WORKS AGENCY
Project No. 22-6970:
Omnibus Concrete Repairs
Exhibit 1
Project 25-6029
Sidewalk Replacement Project FY 24/25
Project Location
Santa Anita Neighborhood
Project Location
Project Location Fisher Park Neighborhood
Casa De Santiago Neighborhood
Project Location
Central City Neighborhood
EXHIBIT 1
City Council 20 – 5 1/21/2025
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Aguilar & Calderon Corp.
PO BOX 1511, Whittier, CA 90609
[email protected]
562-265-8815
988688, A & B
11/30/2024
1000678915
6/30/2026
President
City Council 20 – 9 1/21/2025
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City Council 20 – 11 1/21/2025
City Council 20 – 12 1/21/2025
City Council 20 – 13 1/21/2025
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City of Buena Park, 6650 Beach Blvd., Buena Park, CA 90621 Aaron Esparza-Almaraz, 714-562-3690
$800,000 ADA sidewalk improvements 2024
Orange County Public Works
Erik Nelson, 714-667-1609
$1,100,000 New restroom and walkway improvemens 2023
City of Fullerton, 303 W. Commonwealth Ave., Fullerton, CA 714-738-6853 David Grantham, 714-738-6853
$500,000 Stormdrain replacement and walkway Improvements 2022 Preferred Bonding & Insurance Services, 323-663-7814, 3455 Ocean View Blvd., Glendale, CA 91208 City Council 20 – 17 1/21/2025
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City of Whittier, 13230 Penn St., Whittier, CA 90602
Alfredo Hernandez, 562-567-9512
$500,000 Citywide Guardrail Replacement 2024
City of Corona, 400 S. Vicentia Ave., Corona, CA
Tracy Martin, 951-817-6980
$500,000 Citywide sidewalk and walkway improvements 2022 City of Whittier, 13230 Penn St., Whittier, CA 90602
Lucila Martinez, 562-567-9527
$650,000 Landfill Slope Remediations 2024
Preferred Bonding & Insurance Services, 323-663-7814, 3455 Ocean View Blvd., Glendale, CA 91208 City Council 20 – 18 1/21/2025
City Council 20 – 19 1/21/2025
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Aguilar & Calderon Corp.
President
10-24-24
City Council 20 – 22 1/21/2025
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President
10-24-24
City Council 20 – 23 1/21/2025
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Aguilar & Calderon Corp.
Marlon Calderon
President
10-24-24
City Council 20 – 24 1/21/2025
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Aguilar & Calderon Corp.
President
10-24-24
City Council 20 – 26 1/21/2025
CITY OF SANTA ANA
CONSTRUCTION CONTRACT
PROJECT 25-6029
SIDEWALK IMPROVEMENT PROJECT FY 24-25
This CONSTRUCTION CONTRACT is made and entered into this 21st day of January, 2025 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and Aguilar & Calderon Corporation (hereinafter “CONTRACTOR”).
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Sidewalk Improvements Project FY 24-25(hereinafter referred to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract Documents prepared by the City’s Public Works Agency and approved by the City Council.
2. The complete Construction Contract consists of the “Contract Documents” as defined by the Standard Specifications for Public Works Construction and which include the following:
Notice Inviting Bids
Information to Bidders
Bid Proposal
Bid Bond
Contract Form
Contract Bonds
General Provisions
Special Provisions
Technical Provisions and Project Plans
Community Workforce Agreement
Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction.
3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Seven Hundred Thirty-One Thousand Two Hundred Fifty-Five dollars and Zero cents ($731,255.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A.” The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable.
EXHIBIT 3
City Council 20 – 27 1/21/2025
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit “A”) including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law.
6. If applicable, the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City’s website at: CWA City of Santa Ana 12-20-2023
7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY.
8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price.
9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker’s Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.
10. INDEMNIFICATION.
To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier;
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; City Council 20 – 28 1/21/2025
(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR.
Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee.
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written.
ATTEST: CITY OF SANTA ANA
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONTRACTOR:
City Attorney Aguilar & Calderon Corporation
By:
NAME:
Assistant City Attorney TITLE:
RECOMMENDED FOR APPROVAL:
NABIL SABA, P.E.
Executive Director
Public Works Agency
Kyle Nellesen
Marlon Calderon
President
Nabil Saba
Digitally signed by Nabil
Saba
Date: 2024.12.18 11:15:50
-08'00'
City Council 20 – 29 1/21/2025
EXHIBIT A
City Council 20 – 30 1/21/2025
City Council 20 – 31 1/21/2025
Construction Contract $ 731,255.00
Contract Administration, Inspection and Testing 85,932.00 $ Contingencies 73,126.00 $
Additional Work Fund 109,687.00 $
TOTAL ESTIMATED CONSTRUCTION COSTS 1,000,000.00 $
CONSTRUCTION OF PROJECT NO. 25-6029: Sidewalk Replacement Project FY 24/25
COST ANALYSIS
EXHIBIT 4
City Council 20 – 32 1/21/2025
EXHIBIT 5
City Council 20 – 33 1/21/2025
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EXHIBIT 6
City Council 20 – 36 1/21/2025
Public Works Agency
www.santa-ana.org/public-works
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 21, 2025
TOPIC: Confined Space Rescue Services and Safety Training Services
AGENDA TITLE
Agreements with National Safety Services, Inc., Ancon Marine, Inc. DBA Ancon Services, and Pro Safety & Rescue, Inc. for Confined Space Rescue and Safety Training Services (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute agreements with National Safety Services, Inc., Ancon Services, and Pro Safety & Rescue, Inc. to provide confined space rescue and safety training services, for a term beginning January 21, 2025 and expiring January 20, 2028 with provisions for two, one-year extensions, for a total aggregate amount not to exceed $1,250,000 (Core Agreement No. A-2025-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Public Works Agency (PWA)’s Water Resources Division (Water Resources) oversees and maintains the daily operations of the City’s water and sanitary sewer systems. The water system is composed 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. In addition, the Water Resources Division maintains multiple confined space sites that involve dangerous entry into appurtenance vaults containing pipelines, water reservoir tanks, culverts, excavations, trenches, and other such work sites for maintenance and repair services.
A confined space is an area which has limited or restricted room for entry or exit and is not designed for continuous occupancy. Confined spaces can be dangerous due to risks from noxious fumes, reduced oxygen levels, fire risks, flooding and drowning, asphyxiation, contamination, and access difficulties during emergency. Due to critical components of the water infrastructure being located in confined spaces, Water Resources requires water operators to perform confined space entry regularly for maintenance and repair services.
City Council 21 – 1 1/21/2025
Confined Space Rescue and Safety Training Services
January 21, 2025
Not only is training a regulatory requirement for those working in confined spaces by the Occupational Safety and Health Administration (OSHA), but working in these hazardous areas without proper training poses an extremely elevated level of risk which can quickly result in the injury or death of a worker. Due to these safety risks, it is essential that all City workers are properly trained to work in these environments by skilled and knowledgeable confined space entry consultants.
On May 2, 2024, PWA released Request for Proposals (RFP) No. 24-028 (Exhibit 1), by which it sought the services of qualified consulting firms to provide confined space standby services during permit-required confined space (PRCS) for entries services.
The RFP was advertised on PlanetBids and proposals were received electronically via PlanetBids on August 6, 2024.
The City notified a total of 628 regional vendors via PlanetBids, with 27 vendors downloading bidding documents. Three proposals were received and evaluated by a selection committee. Based on criteria outlined in the RFP, the following summarizes the responding firms and their ranking:
Firm City Rank
National Safety Services Huntington Beach 1
Ancon Services Signal Hill 2
Pro Safety & Rescue Bakersfield 3
Staff recommends awarding agreements to National Safety Services, Inc., Ancon Services, and Pro Safety & Rescue, Inc. to provide confined space rescue and safety training consultant services on an as-needed basis (Exhibits 2-4). These proposals demonstrated the firms have the necessary capacity and expertise to complete the required services. The firms’ rates are reasonable and within industry standard, the teams’ qualifications are appropriate, and the proposals were determined to provide the best value for the City. All firms selected for this award are currently under agreement with the City for other consulting services and have performed quality work for the City.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds in the amount of $50,000 are budgeted and available for expenditure in FY 2024- 25 in the Water Utility Water Production and Supply, Contract Services-Professional expenditure accounts. Funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration.
The FY 2024-25 budget allocated to this project is $50,000; however, staff requests contract authority for $150,000 to allow for emergencies and unforeseen work. If it becomes necessary to utilize the full contract authority, staff would reallocate budget City Council 21 – 2 1/21/2025
Confined Space Rescue and Safety Training Services
January 21, 2025
within department and fund accordingly in compliance with the City’s budgetary controls.
Fiscal
Year
Accounting
Unit -
Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
Requested
Contract
Authority
Contract (3-Year Term)
24-25 06017640-
62300 Water
Water Utility Water
Production &
Supply, Contract
ServicesProfessional
$50,000 $150,000
25-26 06017640-
62300 Water
Water Utility Water
Production &
Supply, Contract
ServicesProfessional
$275,000 $275,000
26-27 06017640-
62300 Water
Water Utility Water
Production &
Supply, Contract
ServicesProfessional
$275,000 $275,000
Optional Two-Year Extension
27-28 06017640-
62300 Water
Water Utility Water
Production &
Supply, Contract
ServicesProfessional
$275,000 $275,000
28-29 06017640-
62300 Water
Water Utility Water
Production &
Supply, Contract
ServicesProfessional
$275,000 $275,000
Total $1,150,000 $1,250,000
City Council 21 – 3 1/21/2025
Confined Space Rescue and Safety Training Services
January 21, 2025
EXHIBIT(S)
1. RFP No. 24-028
2. Agreement with National Safety Services, Inc.
3. Agreement with Ancon Services
4. Agreement with Pro Safety & Rescue, Inc.
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 21 – 4 1/21/2025
REQUEST FOR PROPOSALS (RFP)
CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING
RFP NO.: 24-028
A roved for Release:
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
220 S. Daisy Avenue, Bldg A
Santa Ana, CA 92703
James Burk, P .E.
Project Manager
(714) 647-3315 Office
[email protected]
KEY RFP DATES (Subject to change at discretion of City}:
Issue Date:
Deadline for Requests for Information:
Proposal Due Date:
Projected Award Date (anticipated):
Thursday, May 2, 2024
Thursday, May 16, 2024 at 4:00 P.M.
Thursday, May 30, 2024 at 4:00 P.M.
Tuesday,August6,2024
Nabil Saba, P.E.
Executive Director
Public Works Agency
EXHIBIT 1
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#447776v5
AGREEMENT WITH NATIONAL SAFETY SERVICES, INC. TO PROVIDE ON-CALL
CONFINED SPACE RESCUE AND SAFETY TRAINING SERVICES
FOR THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 21st day of January, 2025 by and between National Safety Services, Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On May 2, 2024 the City issued Request for Proposal (“RFP”) No. 24-028, by which it sought qualified consultants to provide on-call confined space rescue and safety training services for the City’s Public Works Agency.
B. Consultant submitted a responsive proposal that was among those selected by the City.
Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-028.
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
On an on-call basis, and at the City’s sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 24-028, which is attached hereto as Exhibit A and incorporated in full, and further delineated in Consultant’s proposal, attached hereto as Exhibit B and incorporated in full.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C.
Consultant is one of three (3) consultants selected to provide confined spaced rescue services and safety training on an on-call basis under RFP 24-028. The total compensation for these services provided by all such consultants selected under RFP 24-028 shall not exceed the shared aggregate amount of One Million, Two-Hundred and Fifty Thousand Dollars ($1,250,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of EXHIBIT 2
City Council 21 – 45 1/21/2025
#447776v5
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 reasonable be expected by City.
3. TERM
This Agreement shall commence on the date first written above and continue for a three (3) year term through January 20, 2028, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2), one-year periods upon a written executed by the City Manager and the City Attorney.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless form any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to City Council 21 – 46 1/21/2025
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Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance .
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or City Council 21 – 47 1/21/2025
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operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Heidi Chou, 20 Civic Center Plaza M-85, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
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11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
13. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
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15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and City Council 21 – 51 1/21/2025
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in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Consultant:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
National Safety Services Inc.
Attn: Charles Hudson, President/Rescue Chief
5562 Research Drive, Unit B
Huntington Beach, CA, 92649
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21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Kyle Nellesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
Charles Hudson
President/Rescue Chief
Nabil
Saba
Digitally signed by Nabil Saba
Date: 2025.01.06 13:15:56
-08'00'
City Council 21 – 53 1/21/2025
EXHIBIT A
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EXHIBIT B
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City Council 21 – 64 1/21/2025
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Firm and Team Experience
May 24. 2024
James Burk, P.E.
CITY OF SANTA ANA PUBLIC WORKS AGENCY
220 S. Daisy Avenue, Bldg. A
Santa Ana, CA 92703
Subject: RFP NO. 24-028 Firm and Team Experience
National Safety Services Inc (NSSI) is a private full services safety, rescue, consulting and inspection company. NSSI is a Disabled Veteran Business Enterprise (DVBE) Certification NSSI was started in 2015 by Charles Hudson to assist customers, agencies and the public with a vast complement of rescue and safety services.
Currently National Safety Services Inc employees 7 full-time rescue professionals. Vast majority of trainings are conducted by NSSI’ s President and Senior Lead Instructor Charles Hudson, with assistance from additional NSSI staff members on larger classes.
NSSI has current contracts with more than 20 Water and Wastewater agencies in Southern California. Current contracts include Training, Consulting, Inspection and Compliance, Equipment Sales, Custom Rescue Trailers, Van Conversion and Truck Conversions, Site Management and Rescue and Stand-by Rescue Services.
National Safety Services completed a 21-day underground tunnel project in the Metropolitan Water Districts Freda Siphon. NSSI managed 7-person underground tunnel team (2 teams, days, and nights) 24 hours a day to support the project. Some entries were more than 4000’ in the pipeline. NSSI’s staff not only assisted with the complexities of a 4000’ entry, but we also assisted the customer with lowering and raising equipment to assist the onsite contractors.
City Council 21 – 65 1/21/2025
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In the past three months, National Safety Services has completed a 21-day stand-by tunnel project and trained 4 Water / Wastewater agencies with the following trainings:
• Metropolitan Water District - Freda Siphon – California side of Parker Arizona March 4, 2024 – March 25, 2024 (14-person Tunnel Rescue Team, 24 hours a day, 7 Technicians days / 7 Technicians nights),
Miller Pipeline – Jeremy Kieninger – Superintendent 317.727.8983 • Desert Water Agency – Fit Testing and SCBA / Ska-Pak Training April 15, 2024 & April 16, 2024
Desert Water Agency - Eddie Gonzalez – Facilities & Safety Officer 760.323.4971 x 115 • Desert Water Agency – 8-hour HAZWOPER Refresher Training April 17, 2024 & April 18, 2024
• Desert Water Agency - Eddie Gonzalez – Facilities & Safety Officer 760.323.4971 x 115 • Padre Dam Municipal Water District - 24 hour Confined Space Rescue Course April 22, 2024 – April 24-2024
Padre Dam – Larry Castillo – Safety & Risk Manager 619.933.5794 • Desert Water Agency – 8-hour Confined Space Entry Course 5/29/2024
Desert Water Agency - Eddie Gonzalez – Facilities & Safety Officer 760.3234971 x 115 • Desert Water Agency – 24 hour Confined Space Rescue Course with Palm Springs Fire April 30, 2024 – May 2, 2024,
• Desert Water Agency - Eddie Gonzalez – Facilities & Safety Officer 760.3234971 x 115 • Desert Water Agency – 8-hour Confined Space Entry Course 6/4/2024
Desert Water Agency - Eddie Gonzalez – Facilities & Safety Officer 760.3234971 x 115 • Desert Water Agency – 24 hour Confined Space Rescue Course with Palm Springs Fire May 7, 2024 – May 9, 2024,
Desert Water Agency - Eddie Gonzalez – Facilities & Safety Officer 760.3234971 x 115 • Western Water – 8 hour Confined Space Rescue Refresher Course May 15, 2024,
Western Water – James Chatwin – Safety Manager – 951.571.7252 • Orange County Water Authority – Presented a Confined Space Communications lecture May 16, 2024,
• AES Huntington Beach – 6-month High Angle Stand-by Rescue Team for mural painting June – 2021 to December 2021
Josh Wynia – Maintenance Team Leader – 714.374.1420
City Council 21 – 66 1/21/2025
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National Safety Services has conducted many jobs over the past 5 years including:
• 2019 – 2024 Annual Compliance of Rescue Equipment, SCBA Flow Test • 2023 - Water Tower camera installation
• 2024 - Water Tower light installation
• 2023 - Water Tower cathartic inspection
• 2023 - Water Tower Fall Protection Training
• 2022 - 2024 Orange County, multiple sites install reservoir mixers, diving • 2023 - Orange County, multiple 40-hour Confined Space Rescue Technician courses • 2023 - Orange County Fit Test City of Santa Ana employees • 2023 - 2024 Orange County 8-hour Confined Space Entry Course • 2017 - 2024 Riverside County– 24-hour Confined Space Rescue Operation Class • 2017 - 2024 Riverside County– Fit Test
• 2017 - 2024 Riverside County– SCBA and Ska-Pak Breathing Air Training • 2017 – 2024 Riverside County– 8-hour HAZWOPER Refresher Training • 2021 - Orange County – 9-month High Angle Rope Rescue Team • 2020 - Orange County – Multi day dive for missing skin diver (Fatality) • 2021 - San Diego County – Multi day bridge deck inspection • 2021 - San Diego County – Multi day outlet spill way inspection • 2020 - 2024 Riverside County – Joint Confined Spaced Training with Fire Department • 2023 - 2024 Orange County - Joint Confined Spaced Training with Fire Department • 2021 - Orange County Airport – Confined Space Stand-by Services • 2023 - Riverside County – Assisted Wastewater agency with Rescue Rodeo as Consultant
The company owner and rescue chief, Charles Hudson has over 30 years of experience in multiple fields.
National Safety Services Inc.
NSSI – President/Rescue Chief 1/2015 – Present
• Started National Safety Services January 2015
• Operate as a private rescue/fire company specializing in Confined Space Rescue, Trench Rescue, Tunnel Rescue, Mine Rescue, Swiftwater Rescue, Dive Rescue. • Respond to multiple rescue requirements, natural disaster, manmade disaster, normally respond anywhere in the lower 48 states in 24-48 hours. • Train local, state, and federal institutions on rescue response. • Senior Lead instructor for confined space entry, confined space rescue, tunnel entry, tunnel rescue, Trench awareness, trench rescue, swift water rescue, high angle rescue, low angle rescue, HAZWOPER.
Beach Cities Scuba
• 6/2017 – Current Padi Dive Instructor and Boat Dive Master • Master Instructor – Teach Open Water classes up to Assistant Instructor classes. • Teach advanced technical diving, mixed gas, side mount, rebreather, full face. • Teach technical diving below 100’ FSW, Deco, Mixed gas. • Teach all certified PADI specialties.
City Council 21 – 67 1/21/2025
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Los Angeles County Sheriff’s Dept Search and Rescue Instructor, 4/1994 – 6/1/2020 Los Angeles County Sheriff's Dept. SAR, Palmdale, Ca • Lead Rescue Instructor for Confined Space Rescue Operations, Low and High Angle systems, Rope Systems, Anchors, Ice Rescue, Mountaineering, Vertical Ice Climbing, Cold Weather Survival and Navigation.
• Safety Officer
• Mine Rescue Technician (MSHA) with Montrose Search and Rescue. Worked in conjunction with Federal, State and Local agencies. Current California State Fire Marshal Confined Space certified and California State Fire Marshal Trench Rescue Certified.
Familiar with EPA, OSHA, MSHA and Cal-OSHA regulations. Implemented new Safety Protocols for SAR training and rescues. Adopted Incident Command Systems (ICS, same as used by California Department of Forestry and Fire Protection) for rescues.
Skills
Fire Apparatus Engineer
11/2000 - 1/2009 Temecula Volunteer Fire Company, Temecula, CA President of a 50-member 501 C-3 non-profit company. This is a fully functional Volunteer Fire Company. Responding to medical aids, structure and wild land fires, vehicle fires, hazmat incidents and any other emergency related calls. Able to operate type I, II and III type engines.
Class B license. EMT-B for 10 years. Current Certs: Fire Apparatus Engineer, Breath Support Operator, Water Tender Operator, Squad Operator, Confined Space Tech, Trench Rescue Tech, Auto Extrication Tech, advanced management classes for Incident Command Systems (ICS).
Senior Instructor in the following: Confined Space Rescue, Trench Rescue, Tunnel Rescue, High Angle Rescue, Low Angle Rescue Swift Water Rescue (SRT-1 and SRT-A), HAZWOPER, SCBA Training, Drager BG-4 Training, Atmospheric Monitoring, OSHA 500 and 501, Fall Protection, Anchors, Rigging, Ventilation, Rescue Communications, HASP Writing. IRATA & SPRAT Rope Access Technician
National Registry Emergency Medical Technician-B (Current) Current PADI Master Instructor
CSFM Confined Space Rescue Technician, CSFM Trench Technician, Tunnel Technician, NFPA Rope Rescue Technician Level III, MSHA Mine Rescue Certified, TEEX Pro BoardCertified Confined Space Rescue Technician, Scott Repair Technician, MSA RITE Atmospheric Technician, Drager Bench Trained Technician, Qualitative Fit Tester, Current FEMA Swiftwater Boat Operator
Current FEMA Swiftwater Advanced Rescue Technician
Current FEMA Rope Technician, Level III
Rescue vehicle designer.
Rescue consultant.
Subject Matter Expert for many water and wastewater agencies.
City Council 21 – 68 1/21/2025
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This document is Confidential. Please do not post this for public knowledge.
Sincerely,
Chuck Hudson
President / Rescue Chief
Disabled Veteran Business Enterprise (DVBE) Certification # ϮϬϯϱϭϴϭ National Safety Services Inc.
5562 Research Drive, Unit B
Huntington Beach, CA 92649
(714) 679-9118 cell
[email protected]
www.nsrsi.com
City Council 21 – 69 1/21/2025
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Understanding Scope of Services
May 24. 2024
James Burk, P.E.
CITY OF SANTA ANA PUBLIC WORKS AGENCY
220 S. Daisy Avenue, Bldg. A
Santa Ana, CA 92703
Subject: RFP NO. 24-028 Understanding Scope of Services National Safety Services Inc (NSSI) Understanding the Scope of Services under the City of Santa Ana Public Work RFP 24-028.
NSSI conducts these tasks with multiple other agencies on a weekly basis.
TRAINING
All training classes are put into the NSSI Training calendar for ease of sharing with our customers.
All Training classes are outlined in emails to the customers explaining class, size, location, duration (Hours or days). Subject of class. Any required reading, equipment, or physical requirements.
All Training classes will have NSSI Sign-In Rosters for proof of employee in specific classes.
After completion of class, NSSI will generate a certification for the student pertaining to that specific class. This certification will be digital and emailed to the company documented point of contact for safety / training classes. Students are not allowed to miss any portion of these classes. If the student misses’ class, they will not receive a certification for that class. In specific cases, time may be made back up (Case by case basis).
Any additional training needed will be conducted on a case-by-case basis. Some training may need to occur before a specific job starts to train, reinforce or refresh the employees.
National Safety Services Current Training Services:
• Confined Space Awareness
• Confined Space Entry
• Confined Space Entry Supervisor
• Confined Space Rescue Refresher
• Confined Space Rescue 24-hour
• Confined Space Rescue 40-hour
• Rope Rescue Technician Level I, II & III
• Trench Awareness
• Trench 8 hour
• Trench Rescue 16 hours
• HAZWOPER Awareness
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• HAZWOPER 8-hour Refresher
• HAZWOPER 24-hour
• HAZWOPER 40-hour
• Medical Evaluation Questionnaire (M.E.Q.) – Needed Annually • Fit Testing (Computerized Porta Count Quantitative Fit Test) Needed Annually • Fresh Air Training (SCBA, SKA-Pak or Emergency Egress devices, Air Cart, line management and Emergency Egress)
• Atmospheric Monitoring Training (MSA, RAE, BW, Honeywell, Scott, Drager, GFG, Industrial Scientific, Biosystems and RKI)
• SCBA training (Scott, MSA, Drager, AVON, Survivair,, ISI, Viking, North) and many others
• Fall Protection Training
• ANSI Certified Fall Protection
• First Aid/ CPR with AED
• Equipment Inspection Training
• 70-E Electrical Training
• SPRTA Rope Access Level I,II & III
INSPECTION
All Inspection and compliance needs are also set into NSSI’s Inspection / Compliance calendar.
Completion of Annual, Quarterly or specific inspections are noted to the customer with location, time, equipment being inspected. All equipment inspected is documented as well as any findings that the customer needs to be made aware of. During Annual and quarterly inspections, all non-rechargeable batteries will be changed out.
Findings will be emailed to the company point of contact of inspection and compliance. Any majors finding will be marked with a RED tag stating equipment is out of service. All digital inspection documents will be updated and emailed to the company point of contact.
This includes compliance, inspection, Flow Testing, Industrial Tripods SRL’s and Winch Inspections.
National Safety Services Current Inspection Services:
Annual Equipment Inspection
Quarterly Equipment Inspection
Specific Equipment Inspection
Annual SCBA and Egress Pak Flow Testing and Inspection Quarterly SCBA and Egress Pak Flow Testing and Inspection Specific or Damaged SCBA and Egress Pak Flow Testing and Inspection Annual Inspection for Tripods, Self-Retracting Lifelines (SRL’s), Winch’s, Yoyo’s Annual Inspection on Fall Protection Equipment (Harness, Lanyards, Anchor Straps, Ascending and Descending Equipment)
Repair of any damaged Fall Protection Equipment (CMC, Skedco, Dbi Sala) City Council 21 – 71 1/21/2025
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STAND-BY RESCUE SERVICES
Stand-by Rescue Services are completed on a case-by-case basis.
Most stand-by rescue jobs are unique, each site as well as each confined space entry are treated on an individual basis. Many factors come into play, size, shape, depth, capacity, type of work to be completed (welding, inspection, NDT, maintenance, painting, sand blasting).
Hazardous in the space is another consideration (Low Oxygen, LEL’s, Hydrogen Sulfide, Carbon Monoxide, Chlorine) dictate the potential use of ventilation and or breathing apparatus.
Specialty jobs such as High Angle, Water Entries, Tunnel Entries over 100 lineal feet require specialized equipment and training
National Safety Services Current Stand-by Rescue Services:
Confined Space Rescue
High Angle Rescue
Mine Rescue
Tunnel Rescue
Cal-OSHA Tunnel Rescue (General Tunnel Orders)
Standing Water Rescue
Swift Water Rescue
Underwater Rescue
Specialty Rescue Services
Level A HAZMAT Rescue
Consulting Services
National Safety Services offers many different consulting services. Water Production Facilities – Confined Space, High Angle Rescue, Rope Access, Tunnel, Water / Water Rescue, Underwater Services, Rescue, Equipment, Compliance, Documentation, Safety, Fall Protection, Training.
Wastewater Facilities - Confined Space, Sewer, High Angle Rescue, Rope Access, Tunnel, Water / Water Rescue, Underwater Services, Rescue, Equipment, Compliance, Documentation, Safety, Fall Protection, Training.
Construction Companies - Confined Space, Sewer, High Angle Rescue, Rope Access, Tunnel, Water / Water Rescue, Underwater Services, Rescue, Equipment, Compliance, Documentation, Safety, Fall Protection, Training.
Utility Companies - Confined Space, Sewer, High Angle Rescue, Rope Access, Tunnel, Water / Water Rescue, Underwater Services, Rescue, Equipment, Compliance, Documentation, Safety, Fall Protection, Training.
City Council 21 – 72 1/21/2025
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Oil and Gas – (Up and Down Stream) Offshore, Confined Space, Sewer, High Angle Rescue, Rope Access, Tunnel, Water / Water Rescue, Underwater Services, Rescue, Equipment, Compliance, Documentation, Safety, Fall Protection, Training. Nuclear Facilities - Confined Space, Sewer, High Angle Rescue, Rope Access, Radiation, Tunnel, Water / Water Rescue, Underwater Services, Rescue, Equipment, Compliance, Documentation, Safety, Fall Protection, Training.
Agriculture Facilities – Engulfment, Confined Space, High Angle Rescue, Rope Access, Tunnel, Rescue, Equipment, Compliance, Documentation, Safety, Fall Protection, Training.
This document is Confidential. Please do not post this for public knowledge.
Sincerely,
Chuck Hudson
President / Rescue Chief
Disabled Veteran Business Enterprise (DVBE) Certification # 2035181 National Safety Services Inc.
5562 Research Drive, Unit B
Huntington Beach, CA 9264
714.679.9118 cell
[email protected]
www.nsrsi.com
City Council 21 – 73 1/21/2025
National Safety Services Inc. 47-2934417
5562 Research Dr, Unit B Huntington Beach, CA 92649
Charles Hudson President/Rescue Chief
[email protected] 714-679-9118
1000038183
City Council 21 – 74 1/21/2025
Desert Water Agency Eddie Gonzalez
1200 S. Gene Autry Trail
Palm Springs, CA 92264
$50,000.00
760-323-4971 X-115
2024
Western Water
14205 Meridian Parkway
Riverside, CA 92518
$50,000.00
James Chatwin
909-251-5621
2024
Type text he
National Safety Services provides Confined Space Enrty Trn, Confined Space Rescue Trn, HAZWOPER, Fit Testing, SCBA Training, Rescue Equipment compliance, Flow Test SCBA's, Annual Equipemtn Insp, Safety Consulting, Confined Space and Trench Consulting, Subject Matter Expert for Rescue.
National Safety Services provides Confined Space Rescue Training, Qtrly Rescue Training, Qtrly Rescue Equipment Compliance, Annual Flow Test of SCBA's and Ska-Paks, SCBA and Ska-Pak Training, Stand-by Rescue Services, Safety Consulting, Confined Space Consulting, Subjecty Matter Expert for Rescue.
Helix Water District
1233 Vernon Way
El Cajon, CA 92020
$50,000.00
Susen Doubrava
619-504-1530
2024
City Council 21 – 75 1/21/2025
Type text here Type text here
National Safety Services provides Confined Space Water Rescue Training, Confined Space Water Standby Rescue Services, Confined Space Rescue Training, Subject Matter Expert for Rescue.
City of Huntigton Beach Water Eric Wennekamp
7512 Garfield Avenue
Huntington Beach, CA 92648
$25,000.00
714-722-1733
2024
NSSI provides, NFPA 70E Arc Flash Training, Fit Testing, SCBA and Ska-Pak Training, Medical Eval Ques, Confined Space Entry, Confined Space Rescue Training, Quarterly Rescue Training, Fall Protection Trn, Stand-by Rescue, Underwater Diving Services, Annual Equipment Compliance, SME for Rescue.
City Council 21 – 76 1/21/2025
City Council 21 – 77 1/21/2025
President / Rescue Chief
National Safety Services Inc.
5/28/2024
City Council 21 – 78 1/21/2025
Type text here
City Council 21 – 79 1/21/2025
President / Rescue Chief
National Safety Services Inc.
5/28/2024
City Council 21 – 80 1/21/2025
EXHIBIT C
City Council 21 – 81 1/21/2025
5562 Research Drive, Unit B, Huntington Beach, CA 92649 City of Santa Ana RFP 24-028 - Fit Test and Fresh Air Training 5/28/2024
City of Santa Ana – Public Works Agency
220 South Daisy Avenue
Santa Ana, CA 92703
National Safety Services (NSSI) will provide the below listed training to the City of Santa Ana. NSSI will conduct Quantitative Fit Testing (without Medical Evaluation Questionnaire) and Fresh Air Breathing course at location TBD on dates TBD. This class will cover Quantitative Fit Testing with a Porta Count style automated fit testing machine and a 4-hour Scott SCBA and Scott SKA-PAK training course.
Description, use, donning and doffing of SCBA and SKA-PAK and cascade systems. This training will meet Cal-OSHA’s annual Respiratory Protection standard with supplied certifications and Fit Testing cards.
This will need to be set up for a one-day event.
National Safety Services Training
1 Fit Test
Quantitative Fit Test per mask
(Scott AV 3000 HT) 20 $100.00 $2,000.00
2 SCBA-1
Scott SCBA and SKA-PAK Breathing Air
Training 20 $250.00 $5,000.00
3 MEQ Medical Evaluation Questionnaire 20 $150.00 $3,000.00 $0.00
Tax $0.00
Total $7,000.00
TERMS: Net 30 days,
Optional: If needed Medical Evaluation Questionnaire.
Thank you,
Chuck Hudson
National Safety Services Inc.
Disabled Veteran Business Enterprise
5562 Research Drive, Unit B
Huntington Beach, CA 92649
Cell 714.679.9118
[email protected]
City Council 21 – 82 1/21/2025
5562 Research Drive, Unit B, Huntington Beach, CA 92649 City of Santa Ana RFP 24-028 Training for Rope Rescue Technician I/II 5/28/2024
City of Santa Ana – Public Works Agency
220 South Daisy Avenue
Santa Ana, CA 92703
National Safety Services (NSSI) will provide the below listed training to City of Santa Ana. NSSI will conduct a 40 hour (5 day) on TBD, Rope Rescue Technician I/II Course at your location TBD.
This class will cover NFPA 1006 Chapter 5 (Rope Rescue) Operations and Technician level Skills The class will consist of classroom sessions for the first half day, then the class will be working hands on in the field.
This training will comply with NFPA 1006 Chapter 5 requirement to have employees trained as rope rescue technicians.
National Safety Services Training
2 Rope
Rescue 40
Initial Rope Rescue Tech Training 40 hour,
(5 days) * $15,000.00 $30,000.00
Dates: TBD
Location: TBD
2 Add Instr. Additional Instr. (If needed) $3,500.00 $7,000.00 Total $37,000.00
TERMS: NET 30
*Note – If student counts are above 10 students in any Rescue Course, an additional Instructor will need to be brought in at an additional cost. (1-10 students = 1 Instructor, 11-16 students = 2 Instructors, and 16-20 students = 3 Instructors).
Thank you,
Chuck Hudson
National Safety Services Inc.
Disabled Veteran Business Enterprise
5562 Research Drive, Unit B
Huntington Beach, CA 92649
Cell 714.679.9118
[email protected]
City Council 21 – 83 1/21/2025
5562 Research Drive, Unit B, Huntington Beach, CA 92649 City of Santa Ana RFP 24-028 Cal-OSHA Fall Protection Training 5/28/2024
City of Santa Ana – Public Works Agency
220 South Daisy Avenue
Santa Ana, CA 92703
National Safety Services (NSSI) will provide the below listed training to The City Santa Ana Public Works.
NSSI will conduct Cal-OSHA Fall Protection course at TBD. This class will cover Cal-OSHA’s Title 8 CCR, Article-24 (1669-1672 Fall Protection). This course will cover don, doffing inspection care and maintenance of fall protection harness and related equipment. Anchors and anchorage equipment. Fall Protection lanyards, SRL’s, lanyards and other fall devices. Fall distance measurements for fall potentials and other general fall protection guidelines.
National Safety Services Training and Equipment
1 Fall Pro Cal-OSHA Fall Protection Training 1 $3,000.00 $3,000.00 Subtotal $3,000.00
Shipping $0.00
Tax $0.00
Total $3,000.00
Terms: Training – Net 30.
Chuck Hudson
National Safety Services Inc.
Disabled Veteran Business Enterprise
5562 Research Drive, Unit B
Huntington Beach, CA 92649
Cell 714.679.9118
[email protected]
City Council 21 – 84 1/21/2025
5562 Research Drive, Unit B, Huntington Beach, CA 92649 City of Santa Ana RFP 24-028 – 8-hour Confined Space Entry Course 5/28/2024
City of Santa Ana – Public Works Agency
220 South Daisy Avenue
Santa Ana, CA 92703
National Safety Services (NSSI) will provide the below listed training to City of Santa Ana. NSSI will conduct 1 (one) 8-hour (1 day) Confined Space Entry course at your facility located at TBD on dates TBD.
This class will cover Cal-OSHA’s Title 8, §5157. Permit-Required Confined Spaces.
The class will cover all requirements for Cal-OSHA’s Title 8, §5157. Permit-Required Confined Spaces, descriptions, regulations, requirements, atmospheric monitoring, LOTO, ventilation, hot work permit process, attendant, entrant, and supervisor roles.
This training will comply with Cal-OSHA’s Title 8, §5156, §5157 and §5158 requirement to have employees trained as Confined Space certified employees.
National Safety Services Training
1 Con Space 8 Confined Space Training 8 hours (1 day) $3,000.00 $3,000.00 Dates: TBD
Total $3,000.00
TERMS: Net 30 days
Thank you,
Chuck Hudson
National Safety Services Inc.
Disabled Veteran Business Enterprise
5562 Research Drive, Unit B
Huntington Beach, CA 92649
Cell 714.679.9118
[email protected]
City Council 21 – 85 1/21/2025
5562 Research Drive, Unit B, Huntington Beach, CA 92649 City of Santa Ana RFP 24-028 Training for Confined Space Rescue 5/28/2024
City of Santa Ana – Public Works Agency
220 South Daisy Avenue
Santa Ana, CA 92703
National Safety Services (NSSI) will provide the below listed training to City of Santa Ana. NSSI will conduct a 40 hour (5 day) on TBD, Industrial Confined Space Rescue Course at your location TBD.
This class will cover Cal-OSHA Title 8, 5157 (k) & appendix F, NFPA 1670 Confined Space Regulations for General Industry.
The class will consist of classroom sessions for the first half day, then the class will be working hands on in the field.
This training will comply with Cal-OSHA Title 8, 5157 (k) & appendix F, NFPA 1670 requirement to have employees trained as rescues workers.
National Safety Services Training
2 Ind Res 40
Initial Industrial Rescue Training 40 hour, (5
days) * $15,000.00 $30,000.00
Dates: TBD
Location: TBD
2 Add Instr. Additional Instr. (If needed) $3,500.00 $7,000.00 Total $37,000.00
TERMS: NET 30
*Note – If student counts are above 10 students in any Confined Space Rescue Course, an additional Instructor will need to be brought in at an additional cost. (1-10 students = 1 Instructor, 11-16 students = 2 Instructors, and 16-20 students = 3 Instructors).
Thank you,
Chuck Hudson
National Safety Services Inc.
Disabled Veteran Business Enterprise
5562 Research Drive, Unit B
Huntington Beach, CA 92649
Cell 714.679.9118
[email protected]
City Council 21 – 86 1/21/2025
5562 Research Drive, Unit B, Huntington Beach, CA 92649 City of Santa Ana RFP 24-028 - 24-hour HAZWOPER Training 5/28/2024
City of Santa Ana – Public Works Agency
220 South Daisy Avenue
Santa Ana, CA 92703
National Safety Services (NSSI) will provide the below listed training to the City of Santa Ana – Public Works. NSSI will conduct a 24-hour (3 day) HAZWOPER courses at your facility located TBD.
The class will cover all requirements for Cal-OSHA’s Title 8, CCR §5192 and meets the Federal OSHA HAZWOPER requirements 29 CFR 1910.120(e)(8), 29 CFR 1910.120(p)(7)(i), or 29 CFR 1910.120(q)(8) for General Industry and 29 CFR 1926.65(e)(8), 29 CFR 1926.65(p)(7)(i), or 29 CFR 1926.65(q)(8) for Construction.
This training will comply with Cal-OSHA’s Title 8, CCR §5192 requirement to have employees trained as HAZWOPER 24 Technicians.
National Safety Services Training
1 Haz 24 hr HAZWOPER Training 24 hours (4 days) $12,000.00 $12,000.00 Dates: TBD
3 days classroom, 1 day field
Total $12,000.00
TERMS: Net 30 days
Note: The City of Santa Ana Public Works will be responsible for providing all training equipment for class (Level A suits, level B suits, level C suits, decontamination equipment, Level A, B or C kits).
NSSI can provide these training resources, but additional rental charges will be added to the training cost.
Thank you,
Chuck Hudson
National Safety Services Inc.
Disabled Veteran Business Enterprise
5562 Research Drive, Unit B
Huntington Beach, CA 92649
Cell 714.679.9118
[email protected]
City Council 21 – 87 1/21/2025
5562 Research Drive, Unit B, Huntington Beach, CA 92649 5/28/2024
City of Santa Ana – Public Works Agency
220 South Daisy Avenue
Santa Ana, CA 92703
City of Santa Ana RFP 24-028 Training and Technical Services National Safety Services (NSSI) will provide the below listed items to the City of Santa Ana – Public Works Agency.
Confined Space Program Evaluation:
NSSI will assist the City of Santa Ana – Public Works Agency with reviewing The City of Santa Ana Public Works current Confined Space programs and assisting if any areas of the program do not meet the CalOHSA’s minimum requirements and identify any deficiencies and addressing those areas.
Confined Space Hazard Assessment:
NSSI will assist the City of Santa Ana – Public Works Agency with reviewing The City of Santa Ana Public Works’ current Confined Spaces to look for current hazards and ensure these hazards are documented in the Confined Space Entry S.O.P.’s. All known hazards will be documented and put into the Confined Space Program for any future entries.
Development of Confined Space Standard Operating Procedures (S.O.P.):
NSSI will assist the City of Santa Ana – Public Works Agency with creating The City of Santa Ana Public Works Confined Space Standard Operating Procedures. NSSI will audit every Confined Space within the City of Santa Ana’s jurisdiction. All Confined Spaces will be documented and put into a Master Confined Space Manual for S.O.P.’s. This will include Entry procedures, LOTO, known hazards and any other specific details pertinent to the individual Confined Spaces. A Master SOP Binder will be created to house all the SOPs for Confined Space Entries. NSSI will require a Competent Person to be with NSSI on these audits to discuss items in the confined space, know LOTO and isolation procedures and current methods used in these spaces.
City Council 21 – 88 1/21/2025
5562 Research Drive, Unit B, Huntington Beach, CA 92649 All services listed above except for training will be billed on a “Time and Materials Basis”.
Supplier Part / Class Description
Unit of
Measure Cost
Extended
Cost
Taxable
NSSI
Con Space
Prog Eval
Confined Space Program Evaluation of all City
of Santa Ana Spaces (Per hour charge) 10 Hours $300.00 $3,000.00 No NSSI
Con Space
Haz
Confined Space Hazard Assessment –
Evaluation of all Santa Ana’s Spaces (Per hour
charge) 5 Hours $300.00 $1,500.00 No
NSSI
Replacement
Sensors
Misc MSA replacement sensors (O2, LEL,
CO/H2S) 6 ea. $550.00 $3,300.00
Yes
NSSI Cal Gas
MSA Calibration quad gas compatible with
the MSA Galaxy GX2 Station 58L 4 ea. $650.00 $2,600.00
Yes
NSSI
Printer Ticker
Roll
MSA Receipt & Sticker Label Roll for use with
GALAXY® GX2 4 ea. $84.00 $336.00 Yes
NSSI
Printer
Ribbon MSA Ribbon, Zebra Printer GX430T for use
with GALAXY® GX2
4 ea. $64.00 $256.00 Yes
NSSI
Monitor Probe
Filters MSA Water Stop Filter for Sample & Universal
Pump Probes, 10 each/pk
4 ea. $95.00 $380.00 Yes
NSSI
Monitor
Internal Filters
MSA Hydrophobic Probe Filter for
Altair®5/5X 18 ea. $42.00 $756.00 Yes
Sub Total $12,128.00
Estimated Shipping $250.00
Estimated Tax 9.25% $705.59
Total $13,083.59
Terms: Net 30
City Council 21 – 89 1/21/2025
5562 Research Drive, Unit B, Huntington Beach, CA 92649 NOTE: The above listed hours for Confined Space Program Evaluation, Confined Space Hazzard Assesment and Development of Confined Space SOP’s are estimated hours. All charges will be actual “Time and Material”. These numbers can increase or decrease depending on quatity of spaces and set up of SOP parameters.
Thank you,
Chuck Hudson
National Safety Services Inc.
Disabled Veteran Business Enterprise
5562 Research Drive, Unit B
Huntington Beach, CA 92649
Cell 714.679.9118
[email protected]
City Council 21 – 90 1/21/2025
5562 Research Drive, Unit B, Huntington Beach, CA 92649 City of Santa Ana RFP 24-028 Annual and Quarterly Inspections for rescue equipment 5/28/2024
City of Santa Ana – Public Works Agency
220 South Daisy Avenue
Santa Ana, CA 92703
National Safety Services (NSSI) will provide the below listed items to the City of Santa Ana – Public Works Agency. NSSI will provide the below listed quarterly and annual inspection and maintenance program for your confined space rescue van and equipment. This quote does not cover inspection of the Ford van or Onan generator.
NSSI will assist the City of Santa Ana – Public Works Agency with a quarterly Inspection and Maintenance program. On the first month of every new quarter, NSSI will come to your facility to inspect the rescue van’s contents. This inspection will cover all the contents on your rescue van (Scott equipment, CMC equipment, Fall Protection equipment, MSA monitors and associated equipment, Motorola Radios, and all other rescue related items). All findings will be documented in the City of Santa Ana’s digital Master Inspection logs. Any out of services items will be tagged and submitted to The City of Santa Ana’s supervisor in charge of the rescue van. This process will be an all-day process (8-10 hours minimum). If any items need to be refilled, replaced, or taken out of services, NSSI will communicate this with The City of Santa Ana’s supervisor in charge of the rescue van to obtain permission and issue NSSI a new Purchase Order number (PO#) for the required equipment.
NSSI will assist the City of Santa Ana with annual inspections of required equipment. This equipment will need to be tested at an approved facility and taken out of use while this process takes place. The below listed items will need this annual recertification:
• Scott SCBA’s – Need annual flow testing.
• Scott Ska-Pak’s – Need annual flow testing.
• SRL’s – Need annual inspection and recertification from a certified SRL technician.
City Council 21 – 91 1/21/2025
5562 Research Drive, Unit B, Huntington Beach, CA 92649 NSSI
Insp/Maint
Program- Annual
Inspection and Maintenance Program – Q4
Annual Inspection – Flow Test Scott SCBA’s and
SKA-PAK’s, Conduct annual recertification on
SRL’s (winches)October – December 1 $15,000.00 $15,000.00 NSSI
Insp/Maint
ProgramQuarterly
Inspection and Maintenance Program –
Q1 January – March 1 $5,000.00 $5,000.00
NSSI
Insp/Maint
ProgramQuarterly
Inspection and Maintenance Program –
Q2 April – June 1 $5,000.00 $5,000.00
NSSI
Insp/Maint
ProgramQuarterly
Inspection and Maintenance Program –
Q3 July – September 1 $5,000.00 $5,000.00
NSSI Rentals
Rental of SRL’s, Tripods or any rescue related
equipment to keep The City of Santa Ana’s
Rescue Van in services during annual
inspections of rescue equipment. (If needed*) 1 ea. $3,500.00 $3,500.00 Shipping $0.00
Tax $0.00
Total $33,500.00
Terms: Net 30
Chuck Hudson
National Safety Services Inc.
Disabled Veteran Business Enterprise
5562 Research Drive, Unit B
Huntington Beach, CA 92649
Cell 714.679.9118
[email protected]
City Council 21 – 92 1/21/2025
National Safety Services Inc. 47-2934417
5562 Research Dr, Unit B Huntington Beach, CA 92649
Charles Hudson President/Rescue Chief
[email protected] 714-679-9118
1000038183
City Council 21 – 93 1/21/2025
#447770v5
AGREEMENT WITH ANCON SERVICES TO PROVIDE ON-CALL CONFINED
SPACE RESCUE AND SAFETY TRAINING SERVICES
FOR THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 21st day of January, 2025 by and between Ancon Marine, Inc. DBA Ancon Services (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On May 2, 2024 the City issued Request for Proposal (“RFP”) No. 24-028, by which it sought qualified consultants to provide on-call confined space rescue and safety training services for the City’s Public Works Agency.
B. Consultant submitted a responsive proposal that was among those selected by the City.
Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-028.
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
On an on-call basis, and at the City’s sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 24-028, which is attached hereto as Exhibit A and incorporated in full, and further delineated in Consultant’s proposal, attached hereto as Exhibit B and incorporated in full.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C.
Consultant is one of three (3) consultants selected to provide confined spaced rescue services and safety training on an on-call basis under RFP 24-028. The total compensation for these services provided by all such consultants selected under RFP 24-028 shall not exceed the shared aggregate amount of One Million, Two-Hundred and Fifty Thousand Dollars ($1,250,000) during the term of the Agreement, including any extension periods.
EXHIBIT 3
City Council 21 – 94 1/21/2025
#447770v5
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonable be expected by City.
3. TERM
This Agreement shall commence on the date first written above and continue for a three (3) year term through January 20, 2028, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2), one-year periods upon a written executed by the City Manager and the City Attorney.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless form any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
City Council 21 – 95 1/21/2025
#447770v5
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
City Council 21 – 96 1/21/2025
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1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Heidi Chou, 20 Civic Center Plaza M-85, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
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11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
13. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
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15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and City Council 21 – 100 1/21/2025
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in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Consultant:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
Ancon Services
Attn: Lance Breedlove, General Manager
2735 Rose Avenue
Signal Hill, CA, 90755
Mobile: (562) 595-3002
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21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Kyle Nellesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
Blake Hardin
CEO
Nabil Saba
Digitally signed by
Nabil Saba
Date: 2025.01.06
13:45:18 -08'00'
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EXHIBIT A
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EXHIBIT B
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CONFIDENTIAL DO NOT DISTRIBUTE www.anconservices.com
CITY OF SANTA ANA
PUBLIC WORKS
AGENCY
RFP NO. 24-028 CONFINED SPACE RESCUE SERVICE
AND TRAINING
DUE DATE: JUNE 20, 2024
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T A B L E O F C O N T E N T S
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C O V E R L E T T E R
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A G R E E M E N T S T A T E M E N T
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A B O U T O U R C O M P A N Y
Our Mission To deliver superior service to our customers by rigorously working to improve our operational processes and tools, continuously grow our people's talent and skill sets, and ensure every project is carried out safely.
Our Vision A family business with passionate employees who are united by shared values and guided by a desire to make Ancon the US market leader in Industrial, Utility, and Environ-mental Services.
Company History Our company was founded in 1968 by Conrad Hardin. In the beginning,the company was largely focused around the Port of Los Angeles and Long Beach performing Waste Management and Emergency Spill Response services which are still at the core of our business today. As we started to clean tanks in the local terminals surrounding the port,opportunity steered us into the local refineries in the Los Angeles Basin. The introduction into the refinery market ultimately expanded our footprint by broadening our service lines,allowing Ancon to be relevant in manufacturing markets, geothermal facilities, nuclear plants,and much more. Our very first office located in Wilmington, CA. is still in operation today, now serving as our Marine Division’s lay down yard. Since then we have expanded to twelve locations throughout the United States. Some of that expansion is attributed to our conservative organic growth and some of it through the acquisition of companies like Adler Industrial Services and Coastal Industrial Services.
Today Ancon is still a family-owned business, operated by its 3rd generation of family members.
We are understandably proud of what we and our team have accomplished not only surviving throughout the years but thriving.
SAFETY FAMILY ACCOUNTABILITY LOYALTY HARD WORK PRIDE
2 OUR VALUES
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COMPANY INFORMATION
Division Name: DCS - Diversified Compliance Solutions
Parent Company: Ancon Marine, dba Ancon Services
Years in Business:
56 years
• Waste Management/Transportation
• Confined Space Rescue
• Hydro Excavation
• Waste Processing
• Industrial Field Services
• Wet Spoils Management • Manhole/Vault Services
• Lab Packing
• Tank Cleaning
• Hydroblasting
• Emergency Response
• Vacuum Trucks
• Dry Vacuum Truck
• Water Treatment & Filtration
• Sewer Jetting
• CCTV Inspection
C O M P A N Y I N T R O D U C T I O N
Ancon Services was founded in 1968.
Throughout our 55 years in business, we have expanded our services to cover virtually all of our clients’ industrial and environmental service needs. Our leadership in the industry has been cultivated through investing in our people, the latest technology, and most importantly our commitment to safety. Over the years we have amassed an impressive base of over 700 employees, some of which have been with us for over 40 years. These talented team members have assisted us in becoming the industry leaders in: • Training / Consulting • Sustainable Solutions At Ancon, we are continuously improving our processes, technologies, and procedures to support our customers with a seamless experience, managing ongoing maintenance accounts and single call-out projects. Our communication plans designate a single point of contact for each account to maintain consistent milestone documentation, reporting measures and conforms our process to each of our customers’ administrative controls.
Bonding Capacity
Ancon certifies that we will qualify for an A grade or better through a reputable surety.
Terminated Contracts
Ancon has not had any primary or subcontracted services/projects that have been terminated or endured.
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Bakersfield
6717 Cherry Ave
Bakersfield, CA. 93314
Chico
521 Cal Oak Road
Oroville, CA 95965
CORPORATE
10571 Los Alamitos Blvd,
Los Alamitos, CA 90720
Dixon/Benicia
4808 E 2nd St,
Benicia, CA. 94510
3867 Teal Ct
Benicia, CA. 94510
Denver
4241 East 64th Avenue
Commerce City, CO 80022
El Centro
6496 Brandt Road Suite B Calipatria,
CA. 92233
Ferndale
6076 Portal Way #1,
Ferndale, WA. 98248
Long Beach
2735 Rose Avenue
Signal Hill, CA. 90745
Oahu
91-446 Komohana Street Building B
Unit E
Kapolei, HI 96707
Phoenix
1777 N. 23rd Avenue
Phoenix, AZ. 85009
Sacramento
570 Business Park Drive
Lincoln, CA 95648
Salt Lake City
8470 W Magna Main St.
Magna, UT 84044
San Diego
875 Energy Way,
Chula Vista, CA. 91911
Stockton
1015 W. Fyffe St.,
Stockton, CA. 95203
Victorville - SCLA
13313 Sabre Blvd Unit 1
Victorville, CA 92394
Wilmington - Eubank
1022 Eubank Ave.
Wilmington, CA 90744
DCS Div.
(servicing
City)
B R A N C H L O C A T I O N S
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• Injury Illness Protection Program (IIPP)
• Behavior Base Safety
• Fall Protection - Slips, Trips, and Falls
• Good Housekeeping Practices
• Hearing Protection, Eye Protection, Foot Protection, Hand Protection • Respiratory Protection / Respiratory Systems (Bottle Watch) • Hot Work (Fire Watch)
• Hazards of Confined Spaces – Employee Roles: Entrant, Attendant, Entry Supervisor and Emergency Rescue Roles
• HAZCOM – GHS
• Chemical Exposures – Basic Toxicology
• Working in the Heat
• Scaffold Safety
• Site Health and Safety Plans - Emergency Action Planning • Waste Management – Bulk Liquid / Bulk Solid/ Drum Handling
S A F E T Y F I R S T
Safety Philosophy
The training and education of Ancon personnel in all capacities is a crucial component of our overall EHS program and for achieving our mission’s goals and expectations, as highlighted in our safety philosophy.
Ancon corporately develops and delivers its EHS training programs by qualified and certified instructors within various areas of the Ancon management system’s architecture.
Additionally, Ancon will strategize with third-party administrators and subject matter experts to ensure the highest level of quality is acquired in regard to the education of its workforce. Each employee will receive comprehensive coursework and field oversight during his or her new-hire indoctrination. This process is tailored to the employee candidate’s task-specific functions and to all the regulatory obligations governing their individual job description(s).
Ancon has historically demonstrated a strong commitment to the growth and development of its people while ensuring that continued education, vocational enhancement, and refresher programs are consistently and effectively instituted. Our training efforts are closely monitored by an automated database platform, which is reviewed in real-time to determine the need for future refresher training and other specific training requirements.
Below highlights the common courses delivered by our DCS Division, but not limited to:
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Our rescue teams are fully equipped and qualified to perform any horizontal or vertical rescue scenarios a companies may confront.
Safety Professionals (EHS)
We support you with a pre-qualified candidate pool to fill your Environmental Health and Safety or Person In Charge needs.
Attendant Safety Watch
We provide Attendant Safety Watch, Fire Watch, Bottle Watch, and Safety Overseers.
Professional Permit Writers
We provide professional and highly qualified permit writers with extensive experience.
DCS rescue is your one-stop resource for experienced and trained safety professionals and services.
DCS is a division of Ancon. We provide full-service professional Environmental, Health and Safety (EHS) technical field and safety compliance services. Our management staff collectively possess over 50 years of combined Environmental, Health, and Safety experience in the petrochemical, construction, general, and corporate industries.
Since its inception, DCS aggressively pursues our mission to diversify our services and value add solutions to our clients.
Dixon, CA
El Centro, CA
Sacramento, CA
Signal Hill, CA
Phoenix, AZ
Centerville, UT
Denver, CO
Kapolei, HI
Seminole, TX
Corporate – Los Alamitos, CA
SCAN FOR MORE INFO
DCS Locations:
GETTING IT DONE RIGHT
BETWEEN GETTING IT DONE, AND
THE DIFFERENCE
Ancon's DCS Division focuses on safety compliance services in four areas:
Confined Space Rescue
DCS Training/Certifications:
• Confined Space Rescue Operations • OSHA 10
• OSHA 30
• Competent Fall Protection
• Confined Space Technician
• Hazardous Materials First Responder
• Incident Command Systems
• CPR/First Aid
• Emergency Medical Technician
• Respiratory Protection
1.4 F I R M A N D T E A M
E X P E R I E N C E
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Don Couch
Chief Compliance Officer
(Over 30 years)
Lance Breedlove, GM
Sole Point of Contact
(Over 13 years)
Wesley Carl
Rescue Coordinator
(Over 5 years)
Guy Brown
(Training Manager)
(Over 30 years)
Rescue Leads
(Pool of 7)
Training Leads
(Pool of 3)
Rescue Technicians
(Pool of 30)
DCS DIVISION ORG CHART
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DCS DIVISION INTRODUCTION TO TEAM
Ancon's DCS Division is comprised of full-service safety professionals specializing in a broad range of on-site professional safety services.
Headquartered in Signal Hill, our DCS professionals are only :10 minutes away from activities in the City of Santa Ana - ready to perform any/all projects utilizing two (2) and three (3) man team members consisting of a Supervisor, Specialist, and Project Manager that will enhance the City's Scope of Work both onsite and remotely.
The DCS Division is comprised of thirty-five (35) Health & Safety professionals as follows:
Chief Compliance Officer (1)
General Manager (1)
Coordinator (1)
Rescue Leads (7)
Resccue Technicians (30)
All are cross-trained in multiple disciplines in order to cover all bases of any project and retain bench strength from the Branch.
Rescue Technicians - DCS has a staff of over thirty (30) Rescue Techs that all have:
All Hazard Technical Rescue (Low Angle / High Angle / IDLH Entry) Permit-Required Confined Space Management
Rescue Planning
Support On-Site Safety Oversight
Qualifications/Certificates include:
EMT, CPR/First Training
40-Hr State or Academy Certified Rescue Techs, Rescue Systems-1, Confined Operations
HAZWOPER - First Responder Operations
FF1 Certified - Over 2000 hours of Training and Education (Fire Academy Graduates) Ancon's Day One - Day Two Training (OSHA Compliance)
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Level of Service Weekly Division of Time and Duties (Varies based on projects and requests)
Project Manager (Lance Breedlove) 35%
Rescue Coordinator (Wesley Carl) 10%
Training Manager (Guy Brown) 20%
Rescue Leads 20%
Training Leads 15%
Rescue Technicians 30%
TEAM - PERCENT (%) TIME ALLOCATION TO PROJECT
Ancon's DCS Division has more than three (3) dozen team members should the City have a special project that arises and warrants specialized skills.
We are eager and ready to assist the City with our Diversified Compliance Solutions team and create lasting impacts that the City will be proud of and will set an example for other municipalities for years to come. Our team is enthusiastic and driven - and will continually strive to make sure we meet and exceed the City's expectations. In order to help us stay in alignment with the City goals - we propose a Check-in Meeting led by Corporate Chief of Compliance Don Couch on a quarterly basis after the initial start of service in order to assist Lance Breedlove, Project Manager and main POC to calibrate and re-calibrate our approach, making sure the City is 100% satisfied.
DCS provides professional and highly qualified permit writers with extensive experience.
As a one-stop resource for experienced and trained safety professionals and services - DCS is prepared to assist the City through over fifty (50) years of combined environmental, health, and safey experience.
Staff Training Certifications:
- Confined Space Rescue Operations - Incident Command Systems - OSHA 10 - CPR/First Aid
- OSHA 30 - Emergency Medical Technician
- Competent Fall Protection - Respiratory Protection
- Confined Space Techician
- Hazardous Materials First Responder
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WE TRAIN OUR EMPLOYEES SO THEY CAN TRAIN YOURS
Ancon's DCS Division is committed to keeping our customers and their locations safe through highly trained environmental professionals, continuous improvement, and consistent monitoring.
DCS (Ancon's) Field Personnel, including Managers receive training in: ▪ OSHA’s29 CFR 1910.120 – Hazardous Waste Operations and Emergency Response Standard initial 40-hour and 24-hour trained along with 8-hour refreshers as required
▪ Confined Space Entry
▪ CPR/First Aid(Annually) ▪ Respiratory Protection
▪ Lead Awareness
▪ DOT 126FTraining
▪ Emergency Response Operations (Level C/D Training)
Site Supervisors and Foremen receive additional training on:
10-Hour OSHA Competent Person Training
OSHA Excavation and Trenching Safety
OSHA 20 CFR 1910.120 Supervisor Training
Supervisory Responsibilities
Identifying and Handling Hazardous Materials
Our DCS division provides an initial 40-hour training class to all personnel prior to assignment to any field projects involving hazardous materials. The course is designed to meet OSHA 29 CFR 1910.120 and U.S. EPA Orders 1440.2 and 1440.3 and Cal OSHA 8 CCR 5192.
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4. 5.
6. 7.
8. 9.
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11. 12.
13. 14.
A P P R O A C H T O S E R V I C E S
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NOTE: Completed Reference Form in Appendix A.
19 CITY OF SANTA ANA
RFP 24-028 CONFINED SPACE
RESCUE SERVICE & TRAINING
by DCS:
Crescenta Valley Water District
City Council 21 – 134 1/21/2025
www.anconservices.com
APPENDIX B -
DCS KEY PERSONNEL RESUMES
3 CITY OF SANTA ANA
RFP 24-028 CONFINED SPACE
RESCUE SERVICE & TRAINING
[This Area Intentionally Left Blank.]
City Council 21 – 135 1/21/2025
Don Couch, MSL, CECM, REPA
Chief Compliance Officer/ Incident Commander
Professional Qualifications
Mr. Couch has over 30 years of combined industrial experience. Mr. Couch has maintained numerous compliance positions within the environmental petrochemical/energy industries at various capacities including: Safety Technician, Site Safety Officer, Instruction and Program Development, Risk Management Specialist/Auditor, Training Manager, Director of Compliance and most recently Chief Compliance Officer. His responsibilities have consisted of managing all elements of compliance programs, ensuring strict adherence to all local, state, and federal regulatory agencies sanctioning company work activities. Mr. Couch has provided technical assistance in support of project planning and execution, budgeting, environmental contingency and emergency response planning, field technical services and project/account management.
Furthermore, Mr. Couch has served as a PCF-Firefighter with the Orange County Fire Authority; whereby, he provided nine years of service as a FF-EMT.
Education • California Southern University School of Law School – Master of Science in Law (MSL) • University of Phoenix – Bachelor of Science Degree (BSBM/ADM) • University California at Irvine – Industrial Hygiene Coursework - Vocational Enhancement Credentials/Certifications
• Columbia Southern University - Certified Environmental Compliance Manager (CECM) • Cert. # 5674 • National Registry of Environmental Professionals-Registered Environmental Property Assessor (REPA) Registration # REPA 260540 • 40 Hours Hazardous Waste Operations Emergency Response-Instructor • 24 Hour First Responder Operational for Hazardous Material Releases. (CSTI Curriculum) • DOT Safety Coordinator Certified • OSHA Excavation and Shoring Competent Person • State of California-Emergency Medical Technician (EMT) • Red Cross First Aid/CPR Instructor • DHS Trained – Lead Abatement – Project Monitoring • AHERA Trained Asbestos Abatement – Project Monitoring • Worker’s Compensation Coordinator • 3M Respiratory Protection Instructor • Survivair Respiratory Protection Instructor • Refinery Safety Overview Instructor • Permit Required Confined Space Operations Instructor (310) 237-5611 [email protected]
City Council 21 – 136 1/21/2025
Credentials/Certifications Cont’d
• Certified Forklift Instructor • Competent Person - Scaffolding Professional Affiliations • National Safety Council Member • American Red Cross • Long Beach Police Officers Association • National Fire Protection Agency Specific Relevant Experience Includes: • Mr. Couch’s experience has included supporting all the corporate needs and requirements pertaining to employer regulatory obligations. Specifically, he has managed company air quality management, waste management, medical surveillance, training, DOT, OSHA and other governmental programs. • Mr. Couch pioneered the Diversified Compliance Solutions (DCS) business unit within the Ancon Group of Companies, which generates approximately 5 million in annual revenues while servicing industry with safety advisors, confined space rescue teams, attendant safety watch/fire watch personnel, ROW clearing and pipeline inspectors. As an extension to his Directorship duties, he’s responsible for the ongoing management of daily operations and the cost infrastructure pertaining to the DCS operations. Mr. Couch currently manages a staff of compliance professionals within his department exceeding 13 personnel and a staff of 25 within the DCS business unit. • Mr. Couch has performed multiple long-term projects respecting management of safety and health. Such responsibilities included overseeing the safety and health of all personnel engaged in company tasks, such as large-scale remediation activities, environmental/safety mitigating efforts and hazardous material/waste handling projects. Moreover, Mr. Couch has managed daily activities of project personnel, developed all necessary safety and health plans, executed detailed work approaches and managed industrial service groups relating to upstream, midstream, downstream petroleum facility, major capital projects, turnarounds and outages.
City Council 21 – 137 1/21/2025
Guy S. Brown – Training Manager
+1 (714) 337-4318 [email protected]
Professional Qualifications: • Over 30 years of Professional All Risk California Fire Service • Owner, West Coast Rescue Training Resources; Safety, Rescue, Consulting, Research, Needs Assessments • Subject matter expert in instruction of Urban Search and Rescue, Fall Protection, Confined Space Equipment and Procedures, Building Collapse, Rope Rescue, Trench Rescue, Incident Action Plans, Disaster Response Safety Equipment, and OSHA Regulatory Standards • Author of disaster/safety plans for Corporations and Cities throughout the USA, India, and Ukraine • Author of disaster/safety annexes, disaster manuals, professional articles, ICS Incident Action Plans • State of California Fire Marshals Office Senior Instructor, certifying students for many safeties disciplines • State of California Emergency Medical Services Authority, EMT-Paramedic since 1993 • Federal Emergency Management Agency All Risk Incident Safety Officer • CERT - Community Emergency Response Team Instructor- safety, disaster related community support • Presenter/Speaker Multiple National and International conferences, seminars, and workshops
Honors and Acknowledgements:
09/17 Firefighter of the Year/Fire Chief’s Coin Presented, Garden Grove Fire 02/15 Police Chief’s Coin of Commendation, Garden Grove Police Department 09/07 Military Medal of Commendation, Ukraine Ministry of Emergency 09/06 Saver of Life Commendation, Ukraine Ministry of Emergency 08/04 Military Medal of Commendation, State of California Air National Guard 11/01 Firefighter of the Year, Orange County Fire Chiefs Association 02/01 National Instructor of the Year, Ed Bent Award, Fire Rescue West, San Jose, CA
1985 / 1987 Certificate of Bravery, Long Beach Fire Department Education & Certifications: • Fire Technology, Santa Ana College, Santa Ana, CA, core courses and 68th Basic Fire Academy • State of California Paramedic, Saddleback College, Mission Viejo, CA City Council 21 – 138 1/21/2025
California State Fire Marshal Office Certifications • Firefighter I, • Firefighter II • Fire Officer
Urban Search and Rescue Certifications
California State Fire Marshal Office Certification to Instruct and Issue Certificates to Students, Instructor since 1990 • Rescue Systems I. Basic Rescue Systems including Ropes, Building Shoring, Lifting and Moving Heavy Objects and Breaching. • Rescue Systems II. Advanced Rescue Systems including Building Shoring Interior and Exterior, Tools and Equipment Brands include Makita, Milwaukee, DeWalt. • Confined Space Rescue Awareness and Technician. including fall protection, lockout tagout, air monitoring, ventilation, personal protective equipment, respiratory protection, OSHA regulations, medical signs and symptoms in confined spaces, rope rescue techniques of vertical and horizontal applications. • Emergency Trench Rescue Shoring. Rescue Systems and building shores with wood, ladders, pneumatic. • Swift Water Technician. Rescue Systems include rope rescue on a river, pond, or lake. • Apparatus Driver/Operator IA and IB. initial and instructor courses of driving and pumping Fire Apparatus. • Fire Investigator. IA, IB, IC, IIA, IIB, IIC • Auto Extrication • Standardized Emergency Management System / National Incident Management System / Incident Command System • Journeyman Carpenter Expertise:
Waste Minimization
ES&G | Sustainability | Recycling | Beneficial Reuse
Environmental Compliance
Custom Waste Solutions
ROFESSIONAL AND TRADE MAGAZINES AUTHORED • Brown, G.S. Heavy Lift: Recovery of worker’s body trapped by heavy steel plates, Technical Rescue, Fall 2007, Issue 49, p 26 • Brown, G.S. Trench Rescue: A first-in engine or truck company (awaiting US&R team) view, Technical Rescue, Winter 06, Issue 48, p16 • Brown, G.S. Growing Training for Growing Needs: The North Net Fire Training Center.
Fire Engineering, Mar1997, Vol. 150, Issue 3, p132
City Council 21 – 139 1/21/2025
FIRE SERVICE AND SAFETY MANUALS AUTHORED • Co-Author, California State Fire Marshal Office, Division of Training; Confined Space Rescue Operational Manual 1st edition. • Contributing Advisor, Trench Rescue Technician Manual, California Mountain Company, CMC Rescue • California State Emergency Medical Services Authority Mission Support Manual for Disasters. • Author, City of Garden Grove Fire Department, Technical Rescue Manual. • Co-Author, County of Orange Fire Service, Standard Operational Annex: Technical Rescue and Confined Space Rescue. • Numerous After-Action Reports, Event Action Plans, Incident Action Plans, local, state, and federal levels
CREDENTIALS • United States Passport • Transportation Security Administration – pre-check approved • California State Emergency Medical Services Authority Paramedic License • California State Driver License – Fire Apparatus Endorsement • Department of Transportation Security Administration – (TWIC) Transportation Worker Identification Card.
OTHER POSITIONS HELD
Fire Apparatus Engineer/Paramedic
Owner, Principle Rescue Instructor/Consultant
Principle Rescue Instructor
FEMA Building Collapse and Emergency Building Shoring, Rescue Specialist Medical Leader FEMA/NDMS
Senior Instructor
Operations Chief / Principle Consultant
Co-Author
Plans Section Chief, Event Action Plan Developer
Deputy Plans Section Chief
Operations Chief/Principle Planner
Project Coordinator
Incident Command System, Medical Group Supervisor
Incident Management Support Team
Rescue Instructor/Rescue Program Co-Developer
Technical Rescue Coordinator
Fire Captain
City Council 21 – 140 1/21/2025
Lance Breedlove – General Manager - Sole Point of Contact (Project Manager) +1 (562) 595-3002 [email protected]
Professional Qualifications:
Accomplished General Manager. 13+ years in the Environmental industry. Experienced leader in managing Confined Space Rescue Teams and Safety Specialists.
Demonstrates exceptional skills in project management, problem solving, and leadership to drive organizational success. Develops and maintains great relationships with customers.
Committed to continuous improvement and innovation to achieve long-term business goals. Has led the division to continuous growth over the past 10 years with Safety being the number one priority. Zero OSHA recordables within the DCS division under his leadership.
Education:
Bachelor's Degree – Purdue University – Organizational Leadership and Supervision Certifications / Training:
CPR / First Aid
OSHA 30
API TES – Tank Entry Supervisor
Expertise:
Confined Space Management
Safety
Project Managment
Problem Solving
Specific Relevant Project Experience: • Confined Space • Safety Oversight • Account Management City Council 21 – 141 1/21/2025
Wesley Carl – Rescue Coordinator
+1 (818) 903-7951 [email protected]
Professional Qualifications:
Accomplished Confined Space Rescue Technician/Supervisor. 5+ years in the Energy industry. Experienced Rescue Supervisor with proven record of performing a variety of duties in fast paced, high profile confined space rescue programs. Excellent oral and written skills with meticulous attention to detail. Excels at operational leadership, building teams, and executing safe projects for customers. Able to build exceptional relationships with customers and team members, subcontractors, vendors, and business partners.
Wesley’s years of experience in the energy industry and extensive training in fire + rescue, confined space and emergency medicine make him an excellent leader when working in any hazardous or potential emergency situation.
Education:
High School Diploma
Fire Academy
EMT school
Certifications / Training:
VERDUGO FIRE ACADEMY – CERTIFICATIONS EARNED:
Confined Space Rescue Technician
Confined Space Rescue Awareness
Rescue Systems 1
Hazardous Materials – First Responder
Fire control 4 – Oil and Gas Firefighting
Fire control 3B – Structural Firefighting
Low Angle Rope Rescue Operational
Firefighter Survival
Rapid Intervention Crew Operations
Auto Extrication
S-134 L.C.E.S Wildland Fire Qualification
S-190 Introduction to Wildland Fire
Behavior
S-33 Look Up – Look Down – Look Around
Work Capacity Test – Wildland Fire
CPR & First Aid
Confined Space Entry
Hazardous Waste Management
Emergency Response
OSHA 30 General Industry
City Council 21 – 142 1/21/2025
Expertise:
Confined Space Entry
Confined Space Rescue
Emergency Response
Safety
Specific Relevant Project Experience: • Successful Evaluation of Rescue Skills and Leadership • Customer Retention • Providing Life Saving Services in Emergency Situation • Logistics/Scheduling in both planned and emergency situations.
City Council 21 – 143 1/21/2025
1 APPENDIX A - REFERENCES
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2 City Council 21 – 145 1/21/2025
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EXHIBIT C
City Council 21 – 150 1/21/2025
RE: City of Santa Ana - Confined Space Rescue / Training RATES ARE ALL INCLUSIVE – PREVAILING WAGE COMPLIANT; NO ADDITIONAL EQUIPMENT, VEHICLES, SUPPLIES/MATERIALS… CHARGES WILL BE BILLED.
Description Rate/HR OT DT
Rescue Technician
Rescue Technician - Class One $105.00 $141.75 $165.00
Two (2) Man Team $210.00 $283.50 $330.00
Three (3) Man Team $315.00 $425.25 $495.00
Project Manager $ 0.00 $ 0.00 $ 0.00
Rescue Instructor $ 115.00 $155.25 $250.00
Clarifications
1. Any hours worded after 8 worked hours will be charged at overtime rate.(M-F)
2. Any hours worked after 12 worked hours will be charged at double time rate. (M-F)
3. Pricing is portal to portal.
4. Ancon’s payment terms are net 30 days from job completion.
5. City of Santa Ana will be responsible for providing Ancon with a PO prior to the start of work.
6. Any delays not caused by Ancon or a change in the scope will be charged at T&M rates.
7. Saturday will be charged at OT rate for the first 12 hours. DT rate for any hours after
12. 8. Sunday will be charged at OT rate for the first 8 hours. DT rate for any hours after that.
9. 4-hour minimum charge
The above rates are all inclusive and include a comprehensive rescue assessment/ technical rescue equipment, SCBA’s, trauma kit, 4-gas meter, vehicle, fuel and communication by a two or three-person crew.
The assigned crew will perform job site assessments alongside you and your team in order to obtain a thorough understanding of the scope of work to be performed. Rescue plans will be devised based upon a thorough assessment of the entry location and the tactical approaches will be implemented preceding entry functions.
Regards,
Lance Breedlove
DCS Operations Manager, City of Santa Ana Main POC
22707 S Wilmington Ave, Carson, CA 90745
Cell: (562) 595-3002
City Council 21 – 151 1/21/2025
City Council 21 – 152 1/21/2025
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AGREEMENT WITH PRO SAFETY & RESCUE, INC. TO PROVIDE ON-CALL
CONFINED SPACE RESCUE AND SAFETY TRAINING SERVICES
FOR THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 21st day of January, 2025 by and between Pro Safety & Rescue, Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On May 2, 2024 the City issued Request for Proposal (“RFP”) No. 24-028, by which it sought qualified consultants to provide on-call confined space rescue and safety training services for the City’s Public Works Agency.
B. Consultant submitted a responsive proposal that was among those selected by the City.
Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-028.
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
On an on-call basis, and at the City’s sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 24-028, which is attached hereto as Exhibit A and incorporated in full, and further delineated in Consultant’s proposal, attached hereto as Exhibit B and incorporated in full.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C.
Consultant is one of three (3) consultants selected to provide confined spaced rescue services and safety training on an on-call basis under RFP 24-028. The total compensation for these services provided by all such consultants selected under RFP 24-028 shall not exceed the shared aggregate amount of One Million, Two-Hundred and Fifty Thousand Dollars ($1,250,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of EXHIBIT 4
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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 reasonable be expected by City.
3. TERM
This Agreement shall commence on the date first written above and continue for a three (3) year term through January 20, 2028, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2), one-year periods upon a written executed by the City Manager and the City Attorney.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless form any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all City Council 21 – 154 1/21/2025
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Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and City Council 21 – 155 1/21/2025
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Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Heidi Chou, 20 Civic Center Plaza M-85, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them.
City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
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11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
13. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
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15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and City Council 21 – 159 1/21/2025
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in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Consultant:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
Pro Safety & Rescue, Inc.
Attn: Jessie Pierce, Vice President
3700 Pegasus Drive, Suite 200
Bakersfield, CA, 93308
Tel: (661) 706-0298
City Council 21 – 160 1/21/2025
#447782v3
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Kyle Nellesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
Jessie Pierce
Vice President
Nabil Saba
Digitally signed by
Nabil Saba
Date: 2025.01.06
13:48:34 -08'00'
City Council 21 – 161 1/21/2025
EXHIBIT A
City Council 21 – 162 1/21/2025
City Council 21 – 163 1/21/2025
City Council 21 – 164 1/21/2025
City Council 21 – 165 1/21/2025
City Council 21 – 166 1/21/2025
City Council 21 – 167 1/21/2025
City Council 21 – 168 1/21/2025
City Council 21 – 169 1/21/2025
City Council 21 – 170 1/21/2025
EXHIBIT B
City Council 21 – 171 1/21/2025
Fax: 661.829.5029 www.prosafetyandrescue.com
RFP 24-028 : City of Santa Ana - Confined
Space Rescue Services And Safety Training
Firm :
Pro Safety & Rescue, Inc.
3700 Pegasus Dr. Suite #200, Bakersfield, CA 93308
Phone - 1.855.591.0019
Fax - 661.829.5029
Contact Person :
Zachari Pierce
Office - 888.269.5095
Cell - 661.706.0298
Fax - 661.829.5029
Email - [email protected]
ATTN :
Heidi Chou, P.E.
Project Manager
(714)-647-3571
[email protected]
Agreement Statement :
Pro Safety & Rescue, Inc. proposes to perform Confined
Space Rescue Services and Safety Services, adhering to all requirements described in this RFP, including all addenda.
Pro Safety & Rescue, Inc. accepts all responsibilities and conditions outlined in RFP 24-028
City Council 21 – 172 1/21/2025
[email protected] Fax: 661.829.5029 www.prosafetyandrescue.com Coversheet ……………..……………………….………………….………………………………… Pg. 1 Table of Contents ………………………………………………………….………………………… Pg. 2 Firm and Team Experience….…..…………………………………………….…………….……. Pg. 3-7 Understanding Scope Of Services……………………………………………….………………Pg. 8-12 Proposer’s References…….……………………………………………………………..……..Pg. 13-15 Relevant Project Experience…………………………………………………………….…………Pg. 16 Fee Proposal …………………………………………………………………………….………Pg. 17-20 Table of Contents
City Council 21 – 173 1/21/2025 Page 2
[email protected] Fax: 661.829.5029 www.prosafetyandrescue.com
Pro Safety & Rescue, Inc. is passionate about serving you. We are a certified minority-owned, woman-owned small business that provides exceptional EMS, rescue, and safety solutions. We are certified by the California Public Utility Commission (CPUC), National Minority Supplier Development Council (NMSDC), and California Department of General Services. Additionally, Pro Safety & Rescue is a licensed Non-Transport Basic Life Support (BLS) Agency in Kern, County and State of California.
Serving our clients since January 2014, our business partners have partnered with our team to allow us to serve their safety needs all across the United States and on international projects. Since our beginning, we have served our clients in the biomass and power generation, solar, construction, manufacturing, agriculture, oil & gas, and the entertainment industries. With a highly diversified client base, our team has very unique and unmatched capabilities that assist our business partners creating and sustaining safe working environments by our team providing them with professional safety, rescue and emergency medical services.
Servant leadership is the foundation of our core values alongside integrity, professionalism, excellence, and honesty. We believe that it is through our focus on serving our business partners and each other, is how we lead in having safe and incident free work places.
Firm and Team Experience
City Council 21 – 174 1/21/2025
[email protected] Fax: 661.829.5029 www.prosafetyandrescue.com
Firm and Team Experience
12/04/2023
Issued Date
SC03734
Certificate Number
12/01/2024
Expiration Date Virginia Gomez, President
THIS CERTIFIES THAT
Pro Safety & Rescue, Inc.
* Nationally certified by the: SOUTHERN CALIFORNIA MINORITY SUPPLIER DEVELOPMENT COUNCIL *NAICS Code(s): 541690; 922160
* Description of their product/services as defined by the North American Industry Classification System (NAICS) Ying McGuire
NMSDC CEO and President
By using your password (NMSDC issued only), authorized users may log into NMSDC Central to view the entire profile: http://nmsdc.org Certify, Develop, Connect, Advocate.
* MBEs certified by an Affiliate of the National Minority Supplier Development Council, Inc.® Certification Type Status From To
SB Approved 11/28/2023 11/30/2025
Printed on: 2/15/2024 2:30:42 PM
To verify most current certification status go to: https://www.caleprocure.ca.gov O!ice of Small Business & DVBE Services
Certification ID: 1763348
Legal Business Name:
PRO SAFETY & RESCUE, INC.
Doing Business As (DBA) Name 1:
PRO SAFETY & RESCUE, INC.
Doing Business As (DBA) Name 2:
Address:
3700 Pegasus Drive
Suite 200
BAKERSFIELD
CA 93308
Email Address:
[email protected]
Business Web Page:
www.prosafetyandrescue.com
Business Phone Number:
(888) 269-5095
Business Fax Number:
661/829-5029
Business Types:
Non-Manufacturer , Service
Stay informed! KEEP YOUR CERTIFICATION PROFILE UPDATED! -LOG IN at CaleProcure.CA.GOV
Questions?
Email: [email protected]
Call OSDS Main Number: 916-375-4940
707 3rd Street, 1-400, West Sacramento, CA 95605
SUPPLIER CLEARINGHOUSE
CERTIFICATE OF ELIGIBILITY
CERTIFICATION EXPIRATION DATE: May 2, 2026
The Supplier Clearinghouse for the Utility Supplier Diversity Program of the California Public Utilities Commission hereby certifies that it has audited and verified the eligibility of:
Pro Safety & Rescue, Inc.
Minority Business Enterprise (MBE)
pursuant to Commission General Order 156, and the terms and conditions stipulated in the Verification Application Package. This Certificate shall be valid only with the Clearinghouse seal affixed hereto.
Eligibility must be maintained at all times, and renewed within 30 days of any changes in ownership or control. Failure to comply may result in a denial of eligibility. The Clearinghouse may reconsider certification if it is determined that such status was obtained by false, misleading or incorrect information. Decertification may occur if any verification criterion under which eligibility was awarded later becomes invalid due to Commission ruling. The Clearinghouse may request additional information or conduct on- site visits during the term of verification to verify eligibility.
This certification is valid only for the period that the above firm remains eligible as determined by the Clearinghouse. Utility companies may direct inquiries concerning this Certificate to the Clearinghouse at (800) 359-7998.
VON: 14050052 DETERMINATION DATE: May 2, 2023
SUPPLIER CLEARINGHOUSE
CERTIFICATE OF ELIGIBILITY
CERTIFICATION EXPIRATION DATE: May 2, 2026
The Supplier Clearinghouse for the Utility Supplier Diversity Program of the California Public Utilities Commission hereby certifies that it has audited and verified the eligibility of:
Pro Safety & Rescue, Inc.
Women Business Enterprise (WBE)
pursuant to Commission General Order 156, and the terms and conditions stipulated in the Verification Application Package. This Certificate shall be valid only with the Clearinghouse seal affixed hereto.
Eligibility must be maintained at all times, and renewed within 30 days of any changes in ownership or control. Failure to comply may result in a denial of eligibility. The Clearinghouse may reconsider certification if it is determined that such status was obtained by false, misleading or incorrect information. Decertification may occur if any verification criterion under which eligibility was awarded later becomes invalid due to Commission ruling. The Clearinghouse may request additional information or conduct on- site visits during the term of verification to verify eligibility.
This certification is valid only for the period that the above firm remains eligible as determined by the Clearinghouse. Utility companies may direct inquiries concerning this Certificate to the Clearinghouse at (800) 359-7998.
VON: 14050052 DETERMINATION DATE: May 2, 2023
City Council 21 – 175 1/21/2025
[email protected] Fax: 661.829.5029 www.prosafetyandrescue.com Firm and Team Experience
Years in Business: 10y m
Ownership: Certified Woman-Owned, Minority-Owned with no anticipated change in ownership.
Mailing Address: 3700 Pegasus Drive, Suite 200, Bakersfield, CA 93308 Operations Facility: 93,000 Sq.ft. on 10 acres of land
Phone: 888.269.5029
California Secretary of State Registration Number: 3640182 California Small Business Certification Number: 1763348 CPUC Certification Number: 14050052
Southern California Minority Supplier Development Council: SC09102 California Public Works Contractor Registration Number: 1000001316 Company Profile
Organizational
Chart
PRESIDENT
Sarah Pierce
VICE PRESIDENT Jessie Pierce
OPERATIONS DIRECTOR Tony Mejia,CSP
CONTROLLER
Sarah Pierce
PAY ROLL Christina Lee
ACCOUNTS R/P
Shanna LeViner
PURCHASING
Danny Harris
RESCUE TEAM LEAD Daniel Jaurez
RESCUE TEAM LEAD Jimmi Teagarden
RESCUE COORDINATOR Derrik Palomo
EMS COORDINATOR
Megan Rogers - EMT
EMS TEAM LEAD
Robert Tackett - EMT
OFFICE COORDINATOR Christina Lee
COVID TESTING
Alison W./Andrea
DRUG TESTING
Andrea Barrera
SERVICE MANAGER Danny Harris
FLEET Doug Cordonier
EQUIPMENT REPAIR David Martinez
BUSINESS DEVELOPMENT
Zachari Pierce
OUTSIDE SALES Mike Munoz
INSIDE SALES
Danny Harris
FIT TESTING
Andrea Barrera
AUDIO TESTING
Alison Weidenbach
RECEPTION
Aliza Lagarde
GAS DETECTION David Martinez
RENTALS
Danny Harris
Organization Flow Chart
SAFETY TRAINING
COORDINATOR Rick Morgan
INFORMATION
TECHNOLOGY
David Milazzo
RESCUE TEAM LEAD Pedgro Garcia
RESCUE TEAM LEAD Alex Corona
RESCUE TEAM LEAD Jost Ward
RESCUE TEAM
TECHNICIANS
EMS TEAM LEAD Joesph Cox - Paramedic
EMS TEAM LEAD Andy Cwik
EMS TEAM MEMBERS
Health, Safety & Environmental Coordiators
FIELD SAFETY REP Jacob Rawlins
SAFETY PROGRAM
COORDINATOR
Jeremy Doolittle
CONTINUOUS IMPROVENT DIRECTOR Ernie Waldo
City Council 21 – 176 1/21/2025
[email protected] Fax: 661.829.5029 www.prosafetyandrescue.com Our dedicated support staff for scheduling Confined Space Rescue Services is:
Primary Point of Contact:
Rescue Team Coordinator
Derrik Palomo - EMT/Rescue Technician
Office: 888.269.5029 ext 108
Cell: 661.706.5080
E-mail: [email protected]
Leadership:
Director of Operations
Tony Mejia, CSP, EMT-P
Office : 888.269.5095 ext.106
Cell : 661.330.5692
Safety Coordinator
Rick Morgan, CHST
Office : 888.269.5095 ext.107
Cell : 661.706.5095
Safety Coordinator
Jeremy Doolittle, BA
Office : 888.239.5095 ext.117
Cell : 661.706.6659
Customer Relations
Zachari Pierce
Office: 888.239.5095 ext.109
Cell: 661.706.0298
Director of Continuous Improvement
Ernie Waldo
Office : 888.269.5095 ext.111
Cell : 661.706.5158
Vice President
Jessie Pierce
Office : 888.269.5095 ext.101
Cell : 661.706.8212
Firm and Team Experience
City Council 21 – 177 1/21/2025
[email protected] Fax: 661.829.5029 www.prosafetyandrescue.com Rescue Team Coordinator - DESIGNATED PROJECT MANAGER
Derrik Palomo - EMT/Rescue Technician
- Derrik has been with PSR since March of 2020. He is licensed EMT and a former Fire Fighter for Kern County Fire. Derrik is a certified Rescue Technician, Instructor, EMT, and is responsible for the coordination for rescue teams, rescue training and works as a customer liaison for the EMS and Rescue Divisions. Derrik has vast experience in rescue services for power generation plants, refineries, manufacturing and construction industries.
Director of Operations
Tony Mejia, CSP, EMT-P
- Tony Mejia has been with PSR since June of 2023 as the Director of Operations.
Previously, Tony was been a customer of PSR for 9 years. Tony has an extensive background in EMS as a licensed paramedic, serving Kern County for 30 years. Additionally, Tony is a Certified Safety Professional (CSP) previously serving in various safety positions in the Electrical, Manufacturing, and Emergency Medical Services industries.
Safety Training Coordinator
Rick Morgan, CHST
- Rick Morgan, Construction Health Safety Technician (CHST) has been with PSR since August 2023. Rick oversees PSR’s safety training and verification and validation programs (V&V). He has a extensive background in safety, serving in the Construction, Refinery, Solar and Electrical industries.
Safety Coordinator
Jeremy Doolittle, GSP (pending)
- Jeremy Doolittle has been with PSR since July of 2023. With a bachelor’s in Occupation Health and Safety and currently finish his Masters in Occupational Health and Safety, Jeremy oversees PSR’s Safety programs and procedures and field safety. Jeremy is responsible for field integration of processes, assists with the V&V process, program development and implementation.
Customer Relations
Zachari Pierce
- Zachari Pierce has been with PSR for 5 years. He is a certified Confined Space Rescue Technician with a robust background in rescue, on-site Safety, and breathing and gas detection systems. Zachari is currently overseeing PSR’s. Business Development and is a customer liaison for select high value clients Zachari is passionate about customer satisfaction, leading After Action Reports (AAR’s) for power plant outages.
Director of Continuous Improvement
Ernie Waldo
- Ernie Waldo has been with PSR since 2021. Ernie has an extensive background in continuous improvement and operations in the agriculture, construction, manufacturing, aerospace and safety industries for over 30 years. Being Six Sigma and Lean certified, Ernie is responsible for PSR’s Continuous Improvement processes, Lean program, Standard Operating Programs and Technology.
Firm and Team Experience
City Council 21 – 178 1/21/2025
[email protected] Fax: 661.829.5029 www.prosafetyandrescue.com Our company is dedicated to providing exceptional customer service and we understand the importance of meeting the high standards demanded by the City of Santa Ana. To ensure a seamless customer service experience across the multiple facilities, we employ several key strategies including 24/7 availability and digital scheduling software.
We understand the importance of being accessible at any time, regardless if it’s day or night.
Our customer service operations run 24/7, allowing the City of Santa Ana’s various facilities to reach out for assistance at their convenience.
We have employed robust performance measurement mechanisms and data-driven analysis to track key metrics and identify areas for improvement. Through continuous evaluation and feedback, we have consistently optimized processes, streamlined operations, and enhanced overall performance to achieve the desired outcomes in our schedule and deployment of Technical Rescue Teams.
Below is an example of the software used to schedule qualified rescue technicians, assign equipment and dispatch rescue crews to projects for the City of Santa Ana and other customers.