Cities Index.
Agenda packet

Santa Ana City Council
February 18, 2025

Document
Agenda packet
Meeting
February 18, 2025
Body
Santa Ana City Council
Pages
11
Original file
43.7 MB
Text extracted from the city's file for reading and search. Open the original on santa-ana.primegov.com. That file is the official record.

Should any part, term, portion or provision of these Bylaws be decided to be in conflict with any law or otherwise unenforceable or ineffectual, the remaining parts, terms, portions or provisions shall be deemed severable and their validity shall not be af fected thereby, provided such remaining portions or provisions can be construed in substance to constitute the provisions that the members intended to enact in the first instance.

Article XIII. General Provision

Nothing in these Bylaws shall be construed to take precedence over Federal, State or local laws, or regulations, or to constrain the rights, or obligations of the City.

WDB Adopted 10/27/2016
Approved by City Council: 11/15/2016
Revised By-Laws Adopted by the WDB xx/xx/xxxx
Revised By-Laws Approved by City Council xx/xx/xxxx
EXHIBIT 1

City Council
8 –
18 2/18/2025

Community Development Agency
www.santa-ana.org/community-development
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 18, 2025
TOPIC: Application to the California Workforce Development Board to request Governor approval to continue as a Career Services Provider for the Workforce Innovation and Opportunity Act Title I Grant

AGENDA TITLE
Application to the California Workforce Development Board to Request Governor Approval to Continue as a Career Services Provider for the Workforce Innovation and Opportunity Act Title I Grant

RECOMMENDED ACTION
Authorize application submission requesting Governor approval to continue as a Career Services Provider and an Adult Dislocated Worker service provider within a Local Workforce Development Area under the Workforce Innovation and Opportunity Act.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Workforce Innovation and Opportunity Act (WIOA) was signed into law July 2014 and took effect July 1, 2015. Since then, the City of Santa Ana (City) has served as the administrative entity responsible for receiving an annual allocation of federal funds under Title I of the WIOA. The allocation of these formula funds is based on the allotments provided to the State by the U.S. Department of Labor. WIOA funds are intended to assist job seekers in accessing employment, education, training, and support services to thrive in the labor market, while also helping employers connect with skilled workers. Resolution No. 2024-046, approved at the City Council meeting on August 6, 2024, authorizes the City to receive all WIOA funds for a four-year period from July 1, 2024 to June 30, 2028 through Agreement No. A-2024-139.

The Santa Ana Workforce Development Board (WDB) is responsible for overseeing the implementation of WIOA and making policy recommendations related to workforce issues. WIOA permits local Workforce Development Boards to serve as Adult and Dislocated Worker Career Services Provider with the approval of the Governor. Since 1987, WORK Center staff have been delivering Career Services that consistently meet or exceed State performance goals. Under WIOA, these services include eligibility determination, enrollment, and case management for Adult and Dislocated Workers.

WORK Center staff have successfully met or surpassed WIOA performance goals as well as financial and program reviews.

City Council
9 –
1 2/18/2025

Application to continue as a Career Services Provider under WIOA Title I grant February 18, 2025

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At its regularly scheduled meeting on January 16, 2025, the WDB recommended the above action by a vote of 13 in favor, 0 against, and 7 absent (Araujo, Hernandez, Lopez, Milatovich, Miller, Perez, Sams absent). Approval of the application will ensure that the Santa Ana WORK Center maintains its WIOA eligibility and supports the timely implementation of monthly reports that track expenses, payments, and the awarding of contracts and activities with service providers that work with eligible participants that must be entered into CalJOBS. Failure to approve the application could jeopardize the City's compliance with State-mandated performance metrics and may lead to a loss of WIOA funding. The application to continue as a Career Services Provider is due to the California Workforce Development Board by March 1, 2025 (Exhibit 1).

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Career Services Application – America’s Job Center of California Adult and Dislocated Worker Career Services Provider
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager

City Council
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2 2/18/2025

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City Council
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6 2/18/2025

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7 2/18/2025

City Council
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City Council
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9 2/18/2025

Police Department
www.santa-ana.org/pd
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 18, 2025
TOPIC: Digital Forensic Annual License Subscription

AGENDA TITLE
Purchase Order Contract to Magnet Forensics, LLC for Digital Forensic Annual License Subscription (Specification No. 25-018) (Non-General Fund)

RECOMMENDED ACTION
Authorize a purchase order to Magnet Forensics, LLC for digital forensic annual license subscription for a one-year term beginning February 18, 2025 and expiring February 17, 2026, in an amount not to exceed $57,110.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Santa Ana Police Department strives to provide effective police services with integrity, respect, and compassion while fostering strong partnerships with the community it serves. Recent studies show over 98% of Americans own a cellphone of some kind and 91% of those own a smartphone. With the proliferation of digital device usage, the Police Department needs the tools to be able to unlock iOS and Android devices to obtain and extract evidence efficiently to solve and prosecute criminal cases.

The use of this software can and will only be utilized under specific situations. The accessing of digital evidence requires either consent from the owner of the device or judicial processes such as a search warrant. In Orange County, the issuance of a search warrant requires the review and approval of the District Attorney or City Attorney’s Office, and the approval of the sitting Judge from the Orange County Superior Courts.

Santa Ana Ordinance No. NS-3041 authorizes the City to make non-bid purchases of services, supplies, materials, and equipment whenever it shall appear that there is only one reasonably available source. Staff researched available procurement options and product offerings in the market and determined that the digital forensic annual subscription offered by Magnet Forensics, LLC was responsive to the specifications and met the Police Department’s requirements. At this time, the vendor has requested a

City Council
10 –
1 2/18/2025

Digital Forensic Annual License Subscription
February 18, 2025

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one-year contract. Over the next year, staff will assess whether to recommend a multi- year contract in the future if the vendor is able to accommodate.

Therefore, staff recommends authorizing a purchase order to Magnet Forensics, LLC for use of their proprietary digital forensic license to allow the extraction of data from personal devices of Santa Ana Police Department suspects who may have caused harm to the community and/or community members of Santa Ana.

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

FISCAL IMPACT
Funds are available in the current year budget in the following account:

Fiscal
Year
Accounting Unit
– Account No.

Fund
Description
Accounting Unit –
Account No.

Description
Amount
FY 24-25 01214010-66511
Cannabis
Public Benefit
Fund
Police Enforcement
Services, Computer
Software
Subscriptions
$57,110

EXHIBIT(S)
N/A
Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager

City Council
10 –
2 2/18/2025

Public Works Agency
www.santa-ana.org/pw
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 18, 2025
TOPIC: Copper Tubing for Water and Sewer System Repairs

AGENDA TITLE
Purchase Order Contracts with Action Plumbing Supply, LLC, Famcon Pipe & Supply, Inc., and Ferguson Enterprises, LLC for Copper Tubing (Specification No. 24-095) (Non-General Fund)

RECOMMENDED ACTION
Award aggregate Purchase Order Contracts to vendors listed below for copper tubing on an as-needed basis, in an annual aggregate amount not to exceed $100,000, for a term beginning February 18, 2025 and expiring February 17, 2026, with provisions for four, one-year renewal options for a not to exceed total of $500,000.

Vendor
Action Plumbing Supply, LLC
Location
Mira Loma, CA
Famcon Pipe & Supply, Inc. Oxnard, CA
Ferguson Enterprises, LLC Santa Ana, CA
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency (PWA) oversees and maintains the daily operations of the water system. The City’s water system is composed of approximately 478 miles of water mains, supplying the City’s drinking water, serving 333,000 residents and businesses of Santa Ana. The Water Resources Division maintains water service connections and uses industry standard Type K copper tubing when repairing service leaks. Historically, copper fittings have been stocked at the City Yard in order to address service leaks quickly, avoid disruption to the public, and used as needed by the Water Resources Division.

Prior to publishing bids, the City’s Finance and Management Services Agency (Finance) Purchasing Division works with end user to determine department needs for supplies and materials. The availability of raw materials and lead times are also factored when establishing contract terms. In the case of purchasing copper tubing, Finance and PWA staff determined the contract term of one-year and four, one-year renewal options as the most responsive term for potential market fluctuation.

City Council
11 –
1 2/18/2025

Copper Tubing for Water and Sewer System Repairs
February 18, 2025

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The previous aggregate contract lasted five years, utilizing four vendors, and expired on January 31, 2025. In response to the expiration and in an effort to keep contracts competitive, Invitation for Bids (IFB) No. 24-095 was issued on October 2, 2024, on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:
92 Vendors notified
12 Santa Ana vendors notified
21 Vendors downloaded the bid packet
4 Bids received
1 Bid received from Santa Ana vendors
Bids were solicited, opened on October 30, 2024, and evaluated (Exhibit 1). Four bids were submitted by the IFB deadline and all were determined to be responsive to the specifications and met the City’s requirements. To ensure sufficient resources are available at all times, staff recommends establishing a list consisting of the three lowest responsive vendors by awarding aggregate Purchase Order Contracts to Action Plumbing Supply, LLC, Famcon Pipe & Supply, Inc., and Ferguson Enterprises, LLC.

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

FISCAL IMPACT
Funds are budgeted and available for expenditure in the Fiscal Year 2024-2025 budget and subsequent fiscal years will be included in the proposed budgets for City Council consideration. The funds will be budgeted and available for this item in the accounts below.

Fiscal Year Accounting
Unit –
Account#
Fund
Description
Account Unit, Account
Description
Amount
FY 24-25
(Feb – June)
06017641-
63001
Water Water System
Maintenance,
Miscellaneous Operating
Expenses
$41,666
FY 25-26 06017641-
63001
Water Water System
Maintenance,
Miscellaneous Operating
Expenses
$100,000
Optional 1-Year Extension
FY 26-27 06017641-
63001
Water Water System
Maintenance,
$100,000

City Council
11 –
2 2/18/2025

Copper Tubing for Water and Sewer System Repairs
February 18, 2025

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Fiscal Year Accounting
Unit –
Account#
Fund
Description
Account Unit, Account
Description
Amount
Miscellaneous Operating
Expenses
FY 27-28 06017641-
63001
Water Water System
Maintenance,
Miscellaneous Operating
Expenses
$100,000
FY 28-29 06017641-
63001
Water Water System
Maintenance,
Miscellaneous Operating
Expenses
$100,000
FY 29-30
(July – Jan)
06017641-
63001
Water Water System
Maintenance,
Miscellaneous Operating
Expenses
$58,334
Total $500,000

EXHIBIT(S)

1. Abstract of Bids (24-095)
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager

City Council
11 –
3 2/18/2025

BIDDER LOCATION TOTAL
Action Plumbing Supply, LLC Mira Loma, CA 30,687$
Consumer Pipe and Suppy Fontana, CA 31,640$
Famcon Pipe & Supply, Inc. Oxnard, CA 30,151$
Ferguson Enterprises, LLC Santa Ana, CA 27,922$
Copper Tubing (Bid No. 24-095)

ABSTRACT OF BIDS
EXHIBIT 1
EXHIBIT 1

City Council
11 –
4 2/18/2025

Public Works Agency
www.santa-ana.org/pw
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 18, 2025
TOPIC: Cartridge Filters and Chlorine Filters

AGENDA TITLE
Purchase Order Contracts with Fil-Trek Corporation, Pure Process Filtration Inc., and Vytal Filtration Technologies-West for Cartridge Filters and Chlorine Filters (Specification No. 24-128) (Non-General Fund)

RECOMMENDED ACTION
Award aggregate purchase order contracts to the vendors listed below for cartridge filters and chlorine filters on as-needed basis, for an aggregate amount not to exceed $3,000,000, for a term beginning February 18, 2025 and expiring February 17, 2026, with provisions for four, one-year renewal options.

Vendor
Fil-Trek Corporation
Location
Cambridge, Ontario (Canada)
Pure Process Filtration Inc. Garden Grove, CA
Vytal Filtration Technologies-West Visalia, CA
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency (PWA) Water Resources Division oversees and maintains the daily operations of the City’s water and sanitary sewer systems. The water system is comprised of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure regulating stations, and seven connection points to the Metropolitan Water District. The system has an average daily demand of 30 million gallons from its roughly 45,150 metered service connections.

On April 10, 2024, the Environmental Protection Agency (EPA) released new regulations regarding per- and polyfluoroalkyl substances (PFAS), which set the maximum contamination levels (MCLs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) at four parts per trillion. All community water providers are required to meet this threshold for water supplied. If water providers cannot meet these thresholds and do not install water treatment to remove PFAS from the water, the water provider must remove the supply from its distribution system.

City Council
12 –
1 2/18/2025

Cartridge Filters and Chlorine Filters
February 18, 2025

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In response, PFAS treatment facilities are being constructed at affected City water production sites. These treatment facilities utilize ion exchange (IX) treatment to remove PFAS from the water to levels below the MCL, allowing the treated water to be supplied to the distribution system. The IX treatment facilities require specialized pre-treatment cartridge filters in order to remove small solids and sediments, five micron or greater, in the water prior to the water entering the IX vessels. The cartridge filters are critical to the PFAS treatment facilities’ operation because they prevent solids and sediment from damaging the IX vessel’s ability to remove PFAS from water.

Prior to publishing bids, the City’s Finance & Management Services Agency (Finance) Purchasing Division works with the end use to determine department needs for supplies and materials. The availability of raw materials and lead times are also factored when establishing contract terms. In the case of cartridge filters, Finance and PWA staff determined the contract term of one-year and four, one-year renewal options as the most responsive term for potential market fluctuation.

These pre-treatment cartridge filters typically last one to three months on average, and each replacement requires a minimum of 24 to 36 filters for one facility. The City plans to have eight PFAS treatment facilities online within the next five years. Consequently, the City will require multiple means of purchasing filters in order for the PFAS treatment facilities to operate effectively and efficiently long term. It is imperative the City has multiple avenues of purchasing these critical filters due to the PFAS treatment facilities being unable to operate without them. As a result, the City’s Water Resources Division posted Invitation for Bids (IFB) No. 24-128 on October 28, 2024 on the City’s online bid management and publication system to procure such services. A summary of vendor participation and results is as follows:
28 Vendors notified
4 Santa Ana vendors notified
16 Vendors downloaded the bid packet
5 Bids received
0 Bids received from Santa Ana vendors
Bids were solicited, opened on November 21, 2024, and evaluated (Exhibit 1). Five bids were submitted by the IFB deadline, and three were determined to be responsive to the specifications and met the City’s requirements. The bids submitted by BRW Corporation and Ryan Herco Flow Solutions were deemed non-responsive as they did not meet IFB specifications. To ensure sufficient resources for cartridge filters are available at all times, staff recommends awarding aggregate purchase order contracts to Fil-Trek Corporation, Pure Process Filtration Inc., and Vytal Filtration Technologies- West.

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

City Council
12 –
2 2/18/2025

Cartridge Filters and Chlorine Filters
February 18, 2025

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FISCAL IMPACT
Funds are budgeted and available for expenditure in the Fiscal Year 2024-2025 budget and subsequent fiscal years will be included in the proposed budgets for City Council consideration. The funds will be budgeted and available for this item in the accounts below.

Fiscal Year
Accounting
Unit -
Account #
Fund
Description Accounting Unit,
Account Description Amount
2024-25
(Feb – June)
06017640-
63001 Water
Water Utility, Production
& Supply, Miscellaneous
Operating Expenses
$200,000
2025-26 06017640-
63001 Water
Water Utility, Production
& Supply, Miscellaneous
Operating Expenses
$650,000
Optional 1-Year Extension
2026-27 06017640-
63001 Water
Water Utility, Production
& Supply, Miscellaneous
Operating Expenses
$650,000
2027-28 06017640-
63001 Water
Water Utility, Production
& Supply, Miscellaneous
Operating Expenses
$650,000
2028-29 06017640-
63001 Water
Water Utility, Production
& Supply, Miscellaneous
Operating Expenses
$650,000
2029-30
(July – Jan)
06017640-
63001 Water
Water Utility, Production
& Supply, Miscellaneous
Operating Expenses
$200,000
Total: $3,000,000

EXHIBIT(S)

1. Abstract of Bids (24-128)
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager

City Council
12 –
3 2/18/2025

BIDDER LOCATION TOTAL
Fil-Trek Corporation
Cambridge, Ontario
(Canada) 1,754,319$
Pure Process Filtration Inc. Garden Grove, CA 3,186,518$ Vytal Filtration Technologies-
West Visalia, CA 2,390,055$
Cartridge Filters and Chlorine Filters (Bid No. 24-128)

ABSTRACT OF BIDS
EXHIBIT 1

City Council
12 –
4 2/18/2025

Public Works Agency
www.santa-ana.org/pw
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 18, 2025
TOPIC: Architectural Design Services for Santa Ana Downtown Parking Structures Improvements

AGENDA TITLE
Agreement with IDS Group for Architectural Design Services for Santa Ana Downtown Parking Structures Improvements (Project No. 25-9004) (Non-General Fund)

RECOMMENDED ACTION
Approve an agreement with IDS Group for architectural design services for Santa Ana Downtown Parking Structures Improvements for an amount of $157,587 plus a 10% contingency of $15,759, for a total amount not to exceed $173,346, for a term beginning February 18, 2025 and expiring February 17, 2027, with a provision for a two-year extension without additional funds (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
In 2022, the City applied to District 46 Congressman Luis Correa’s Office to request an earmark grant from the Department of Housing and Urban Development’s (HUD) Economic Development Initiative Community Project Funding & Miscellaneous Grants to fund the Downtown Business Improvement Initiative for the City of Santa Ana. The City was awarded $2,500,000 in grant funding for its Downtown Business Improvements Initiative. On August 6, 2024, Council approved an agreement with HUD to accept the grant funds and execute the projects focused specifically for parking structure improvements.

The Public Works Agency, in collaboration with the Community Development Agency, released a Request for Proposal (RFP) No. 24-100A on September 26, 2024, by which it sought a qualified Consultant having special skills and knowledge in the field of engineering, architecture, and administrative services to develop and provide design plans for the city-owned Parking Structures Improvements.

The City owns and operates three public parking structures in Downtown Santa Ana.

These parking Structures were built between 1960 and the 1990’s. The City-owned parking structures; Fiesta Parking Structure (300 E. 5th Street), Garage C Parking Structure (310 Birch Street), and Garage D Parking Structure (420 N Main Street)

City Council
13 –
1 2/18/2025

Architectural Design Services for Santa Ana Downtown Parking Structure Improvements February 18, 2025

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(Exhibit 1), continue to operate in their original conditions. In an effort to enhance the use, appearance, and safety of these structures, this agreement aims to modernize the facilities by upgrading signage, lighting, parking stalls, and structural deficiencies.

Preparation of engineered plans, specifications, and cost estimates for the improvements are scheduled to be completed and ready for construction by December 2025. Once the design phase is complete, staff will proceed to the construction phase and present a construction contract for City Council consideration. The proposed design services contract term allows for an optional two-year extension for unforeseen or unexpected needs that requires the consultant’s support during the future construction phase.

The RFP was advertised on the City’s online procurement management and publication system, with proposals due on October 28, 2024. A summary of vendor participation is as follows:
1,812 Vendors notified
4 Santa Ana vendors notified
85 Vendors downloaded the bid packet
4 Bids received
0 Bid received from Santa Ana vendors
Four proposals were received and evaluated by a selection committee. Based on criteria outlined in the RFP, the following summarizes the four responding firms and their ranking:

Firm City Rank
IDS Group Irvine, California 1
Walker Consultants Irvine, California 2
Pcubed Associates Inc. Buena Park, California 3
DKY Associated Irvine, California 4
Staff recommends awarding an agreement to IDS Group to provide full concept design services (Exhibit 2) based upon the scope of work and selection criteria outlined in RFP 24-100A. Their proposal demonstrated the firm has the necessary capacity and expertise to complete the required services. The firm’s rates are reasonable and within industry standards, the team qualifications are appropriate for this project, and the proposal was determined to provide the best value for the City.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action

City Council
13 –
2 2/18/2025

Architectural Design Services for Santa Ana Downtown Parking Structure Improvements February 18, 2025

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FISCAL IMPACT
All funds are available for expenditure in Fiscal Year 2024-2025. Any unspent budget in Fiscal Year 2024-2025 will be included in future year Carry Forward request for City Council consideration.

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

Description
Amount
2024-25
41818834-62300
(25-9004)
CDA Capital
Projects
Downtown
Business
Improvements,
Contract Services-
Professional
$173,346
Total: $173,346

EXHIBIT(S)

1. Location Map

2. Agreement
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager

City Council
13 –
3 2/18/2025

PWA

SANTA ANA

PUBLIC WORKS AGENCY
RFP 24-100A
Downtown Parking Structures
(3rd & Birch St, 5th & Main St, N Spurgeon & 5th St)
Project Locations
EXHIBIT 1

City Council
13 –
4 2/18/2025

AGREEMENT WITH IDS GROUP TO PROVIDE ARCHITECTURAL SERVICES FOR

DOWNTOWN PARKING STRUCTURES IMPROVEMENTS
THIS AGREEMENT is made and entered into on this 18th day of February, 2025 by and between IDS Group, (“Contractor”), and the C ity of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECI
TALS
A. On S
eptember 26, 2024, City released a Request for Proposals (RFP) No. 24-100A , by which it sought qualified contractors having special skill and knowledge in the field of architectural and engineering services to develop and provide design plans for City-owned Parking Structures Improvements.

B. C
ontractor submitted a responsive proposal which was selected by City. Contractor represents that it is able and willing to provide the services described in the scope of work included in RFP No. 24-100A.

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

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

1. SCO

PE OF SERVICES
Cont
ractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the scope of work attached to RFP No. 24-100A, attached as Exhibit A and incorporated by reference.

2. COM

PENSATION
a. Ci
ty agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Contractor’s Fee Proposal, attached hereto as Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $173,346. This sum is comprised of (a) a base amount of $157,587, and (b) a contingency in the amount of $15,759 for additional services at the City’s sole discretion.
b. Pa
yment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the EXHIBIT 2

City Council
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5 2/18/2025

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

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM

This Agreement shall commence on t he date first written above and continue for a two- year term, expiring February 17, 2027, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for an additional two (2) year term upon a writing executed by the City Manager and City Attorney.

4. PREVAILING WAGES

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

5. INDEPENDENT CONTRACTOR

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

6. OWNERSHIP OF MATERIALS

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

City Council
13 –
6 2/18/2025

perpetual license for any Documents & Data the sub contractor prepares under this Agreement.

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

7. INSURANCE

Prior to undertaking performance of work under this Agreement, Contractor 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 Contractor.

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 & advertisi ng 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 (AL): 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 Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.

3. Workers’ Compensation (W/C) : 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 Contractor has no employees and signs request to waive such insurance.

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

If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Cont ractor. Where the policy limits are greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference in to the Agreement.

Other Insurance Provisions

The above required insurance polic ies are to contain or be endorsed to contain the following provisions:

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

2. Contractor and its 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 the CGL, AL, PL, and W/C policies, arising from work performed by Contractor under this Agreement.

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

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

5. 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: Nadia Orozco , Public Works Agency, 20 Civic Center Plaza, M -11, 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 Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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

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) 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 cop ies 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

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

9. INTELLECTUAL PROPERTY INDEMNIFICATION

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

10. RECORDS

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

11. CONFIDENTIALITY

If Contractor receives from the City information which due to the nature of such

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

12. CERTIFICATIONS

The funds used to pay for this Agreement will be partly comprised of federal grant funds.

Contractor agrees and understands that it will comply with the terms attached hereto as Exhibit C, incorporated by reference into this Agreement. Contractor shall keep itself informed of all City, State and Federal laws and regulations which may, in any manner, affect the performance of it services pursuant to this Agreement. Contractor shall at all times, observe and comply with all such laws and regulations. Cit y and its officers and employees shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph.

13. CONFLICT OF INTEREST CLAUSE

1. Contractor must maintain written standards of conduct cove ring conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. No employee, officer, agent, or board member with a real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by the Federal award. A conflict of interest includes when the employee, officer, agent, or board member, any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an entity considered for a contract. An employee, officer, agent, and board member of the Contractor may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors. However, the Contractor may set standards for situations where the financial interest is not substantial or a gift is an unsolicited item of nominal value. The Contractor 's standards of conduct must also provide for disciplinary actions to be applied for violations by its employees, officers, agents, or board members.

2. If the Contractor has a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian Tribe, the Contractor must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest mean that because of relationships with a parent company, affiliate, or

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subsidiary organization, the Contractor is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.

14. NON-DISCRIMINATION

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

15. EXCLUSIVITY AND AMENDMENT

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

16. ASSIGNMENT

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

17. TERMINATION

This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the C ity unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.

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b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

18. 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.

19. JURISDICTION - VENUE

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

20. PROFESSIONAL LICENSES

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

21. FEDERAL REGULATIONS

Contractor shall comply with all applicable contractual provisions contained in federal statutes, federal regulations, federally promulgated materials and state statutes, shall control in determining any obligations under federal law in the event of a conflict with any terms, language or provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests, which would cause City to be in violation of the federal terms and conditions.

a. Federal Regulations – Contractor must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 180 of the Code of Federal Regulations.

b. Debarment and Suspension – As required by Executive Orders 12549 and 12689, and 2 CFR §200.214 and codified in 2 CFR Part 200, Contractor must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings

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with the Federal government.

c. Audit Records – With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Contractor shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Contractor shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Contractor, upon request during usual working hours.

d. Reports – Contractor shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies.

e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) – All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Contractor agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on a ll of its contractors, subcontractors, assignees or successors.

f. Americans with Disabilities Act of 1990 – (ADA) Contractor must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.

g. Political Activity – None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".

h. No Lobbying – Contractor will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Contractor to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.

i. Non-Discrimination and Equal Opportunity – Contractor will comply, and all its contractors (or subrecipients) will comply, with Ti tle VI of the Civil Rights Act of 1964, as

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amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Contractor makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Contractor will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, Contractor will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375.

j. Equal Employment Opportunity – Contractor will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable.

k. Public Contracts Code – Contractor will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable.

l. Copeland “Anti -Kickback” Act – Contractor will comply, and all its contractor s (or subrecipients) will comply, with all requirements of the Copeland “Anti-Kickback” Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable.

m. Davis-Bacon Act – Contractor will comply, and all its contr actors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141- 3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

n. Work Hours and Safety – Contractor will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

o. Clean Air Act –

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

2. The contractor agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection

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Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

p. Energy and Conservation – Contractor will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.

q. Waste Disposal – Contractor will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable.

r. Patent Rights – Contractor agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable.

s. Copyright – Contractor may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose:
(1) the copyright in any work developed through this Agreement; and

(2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government’s, S AA’s and City’s rights identified above must be conveyed to the publisher and the language of the publisher’s release form must ensure the preservation of these rights.

t. Equal Employment in Construction Contracts – Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60- 1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

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(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which a n employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's le gal duty to furnish information.

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

(5) The contractor will comply with all provisions of Executive O rder 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

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

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedi es invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that s uch provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

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u. P
rohibition on Certain Telecommunications and Video Surveillance Services or Equipment – Contractor will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.216. Contractor will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunications Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substant ial or essential component of any system, or as critical technology as part of any system.

A
s described in Public Law 115-232, section 889, covered telecommunications equipment:
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(3) Telecommunications or video surveillance services produced by such entities or using such equipment.
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.v. D
omestic Preferences for Procurements/Subcontracts – Contractor will comply, and all its contractors (or subrecipients) will comply, with all requirements under Uniform Guidance 2 CFR §200.322.

C
ontractor shall comply with the federal and recipient standards in the award of any subcontracts.

For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts.

C
ontractor shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The Contractor shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The Contractor shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement. (1
) Recovered Materials

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Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless th e product cannot be acquired competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price.

Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines webpage:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
(2) Domestic Preference for Procurements

Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. T his includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

For purposes of this clause:

Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

Manufactured products mean items and construction mater ials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

w. Termination for Cause and Convenience – Should Contractor fail for any reason to comply with the contractual obligations of this agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law.

x. Contractual/Legal Remedies for Breach of Contract – Should Contractor fail for any reason to comply with the contractual obligations of this Agreement and/or willfully, knowingly or negligently breach any term, condition or requirement of the agreement, City may impose sanctions including but not limited to damages (liquidated damages and or penalties) and /or any other remedy available pursuant to the Agreement of the laws then in effect.

22. 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:

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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

To Contractor:

IDS Group
1 Peters Canyon Rd., Suite 130
Irvine, CA 92606
Attn: Dr. Said Hilmy

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, add ressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

23. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

[Signatures on following page]

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

A
TTEST: CITY OF SANTA ANA
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk City Manager
AP
PROVED AS TO FORM: CONTRACTOR:

SONIA R. CARVALHO
City Attorney
B
y:

KYLE NELLESEN By: Said Hilmy
Assistant City Attorney Title: Principal
R
ECOMMENDED FOR APPROVAL:

NABIL SABA
Executive Director, Public Works Agency
Nabil Saba
Digitally signed by
Nabil Saba
Date: 2025.01.29
13:43:17 -08'00'

City Council
13 –
20 2/18/2025

City of Santa Ana RFP 24-100A
Page A1-1

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR
Santa Ana Downtown Parking Structure Improvements
RFP NO. 24-100A

INTRODUCTION/BACKGROUND
The City of Santa Ana is accepting proposals from qualified firms to provide design services for three Downtown Santa Ana Structures. Since being built in the 1980s, three of the city’s parking structures continue to operate in their original conditions. Therefore, a strong desire exists to modernize the facilities by upgrading signage, lighting, parking and structural deficiencies . Scope of work shall include, but is not limited to, preparation of construction plans and specifications, preparation of cost estimate, support during bid advertisement, and assistance during construction. Scope will also include coordination, reviews, permitting, and approvals from internal CSA agencies. Proposers must attend mandatory job walk, which shall be held at all three locations.

• Fiesta Parking Structure (300 E. 5th Street, Santa Ana, CA 92701) • Garage C Parking Structure (310 Birch Street, Santa Ana, CA 92701) • Garage D Parking Structure (420 N Main Street, Santa Ana, Ca 92701)

All of the parking structures need several modernization improvements, a generalized description for consideration are as follows:

• As-built plans of all the parking structures.
• Lighting Improvements – assess current lighting fixtures and their efficiency. Add lighting to some signs and/or improve existing timers.
• Signage Upgrades – evaluate existing signage for clarity, visibility and compliance with local regulations.
• Parking Stall Enhancements – repaint parking stall lines and numbers. Replace missing or damaged wheel stops.
• Remove unused fire hose boxes.
• Re-stripe parking lanes and add “compact” sign for small parking spaces. • Painting and patching improvements to exterior and interior areas of need • Remove or repair pedestrian doors.
• CASP report
• Low cost landscape recommendations/improvements

Appendix
ATTACHMENT 1

SCOPE OF WORK

EXHIBIT A - SCOPE OF WORK

City Council
13 –
21 2/18/2025

City of Santa Ana RFP 24-100A
Page A1-2

Alongside with the general improvements listed above, Fiesta Parking Structure requires:
• Improve neon light fixture ‘Downtown Santa Ana”
• Exterior and interior concrete patch work where needed • Option to color parking structure pillars to its’ corresponding floor • Stair improvements (add reflective grip and paint where needed) • Removal of unused planters, cabling and fencing
• Design and install lighting along NE wall on Bush St for future murals • Elevator Modernization - evaluate condition and performance of an existing elevator in need of repair.

Alongside with the general improvements listed above, 5th and Main Parking Structure requires:
• Install of missing tension cables outside of exterior rails • Add lighting alongside N Main St below ‘DTSA’ sign for future murals • Elevator Modernization - evaluate condition and performance of an existing elevator in need of repair.

Alongside with the general improvements listed above, 3rd and Birch Parking Structure requires:

• Public parking sign replacement

City Council
13 –
22 2/18/2025

City of Santa Ana RFP 24-100A
Page A1-3

CONSULTANT SERVICES

Consultant shall be responsible for the preparation and submittal of the PS&E package through completion with the approval from City to release for construction. This shall include, but not limited to, survey, geotechnical investigation, civil engineering, landscape, hardscape and irrigation design and electrical engineering. Any additional tasks deemed necessary by the Consultant shall be clearly identified in the proposal.

A. PROJECT COORDINATION. The consultant shall be fully responsible for overall management and coordination of the project, which may include but is not limited to, project development team meetings, liaison with affected agencies, community outreach and utility companies. In addition, Consultant shall also prepare progress reports, schedule, secure permits for all field studies and any other required permits from other agencies.

B. RECORDS RESEARCH. The consultant shall research all information pertinent to the project including, but not limited to, existing field condition, as-built plans and record drawings, right-of-way data and all future improvement plans adjacent to or affecting the project site. The selected consultant shall identify all existing and proposed facilities within the projects limits and note any potential conflicts.

C. PRELIMINARY DESIGN. The consultant shall organize a kick-off meeting with City staff to discuss the conceptual design plan, project goals and objectives, potential elements and issues, project schedule, review of existing information, and conduction of a site investigation. City staff shall be provided with final rendered conceptual site plan of the proposed park, final 3-D rendered conceptual exhibits, and a final schedule prior to the consultant beginning work on the PS&E package.

D. SITE PLAN REVIEW. For large projects, the consultant shall be prepared to submit the project to the Planning Department for Site Plan Review by the Design Review Committee at the 30% stage. Site Plan Review submittal requirements can be found on the City of Santa Ana website at
https://www.santa-
ana.org/documents/development- project-review-package/
E. UTILITY COORDINATION. The Consultant shall be responsible for all utility coordination efforts, including but not limited to; coordination with Edison for any electrical service connections, and water service connections for irrigation and water fountains.

City Council
13 –
23 2/18/2025

City of Santa Ana RFP 24-100A
Page A1-4

F. CIVIL ENGINEERING PLANS. The consultant shall be responsible for the preparation of any civil engineering plans required for this project including, but not limited to, the following; Horizontal and Vertical Control plan, On-site Grading and Drainage plan, Site Utility Plan, and plans to include improvements in the public right-of-way, as applicable.

G. LANDSCAPE AND IRRIGATION PLANS. The consultant shall be responsible for the preparation of any landscape architectural plans required for this project including, but not limited to, the following; Site Layout/Construction Plans and Details including all architectural feature components identified in the introduction portion of this RFP, Site Sections (as applicable), and Planting and Irrigation (plans, Details, Notes, Calculations).

H. ARCHITECTURAL PLANS. The consultant shall be responsible for the preparation of any architectural plans required for this project including, but not limited to, Foundation Plan, Floor Plan, Framing Plan, Reflected Ceiling Plan, Door/Window/Hardware/Finish Schedules, Building Sections, Interior and Exterior Elevations, Architectural Detailing, Structural Engineering, ADA Compliance.

I. MECHANICAL/ELECTRICAL/PLUMBING (MEP) PLANS. The consultant shall be responsible for the preparation of any MEP electrical plans required for this project including HVAC system, electrical site & floor plans, location of panels, switchgear, meters, schedules, details, photometric analyses, and general notes.

J. PERMITTING. The consultant shall be responsible for identifying and applying for any necessary permits. All permit requirements shall be included in the bid package for the project, as applicable.

K. PLANS, SPECIFICATIONS AND ESTIMATES (PS&E)
o Development of Plans, Specifications and Estimate (PS&E):

a) All reports, plans, specifications and quantity calculations shall conform to criteria, policies, procedures and standards of the City. The Consultant shall use the boilerplate for cut sheets, specifications and estimates provided by the City.
b) The plan development shall include three (3) milestone deliverables—30%, 60%, 90% (pre-final) and 100% (final). All plan sheets shall be prepared at a reasonable standard scale to be noted on plans. The necessary plans for each PS&E package shall include, but are not be limited to:

Task 1: Pre-Design
Preliminary design phase shall include Kick-off meeting with City Staff to discuss scope of work, project goals and objectives, potential elements and issues, schedule.

Task 2: Design Development (60% plans)
Design development phase will involve development of plans based upon Task 1 information and analysis.

City Council
13 –
24 2/18/2025

City of Santa Ana RFP 24-100A
Page A1-5

 Deliverables from this task shall include a 60% set of plans, draft outline specification and “Opinion of Probable Cost’.

Task 3: Construction Documents (90% and 100% plans)
Construction Documents phase (CDs) shall include finalizing plans and specifications from the Design Development phase. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bidding and construction by a general contractor.

 Deliverables from this task shall include 90% and 100% plans, final technical specifications, and a finalized “Opinion of Probable Cost”.

Plans shall include, but are not limited to the following:
• Title Sheet
• Civil Engineering
o Site Utility Plan
• Landscape Architectural
o Site Layout/Construction Plans And Details (including plumbing) o Site Sections, as applicable
o Planting Plans/Details/Notes
o Irrigation Plans/Details/Calculations/Notes
• Architectural
o Construction Plans
o Signage Plans
o Reflected Ceiling Plans
o Mechanical and Plumbing Plans/T-24
o Electrical Plans, as applicable
o Entire Building Floor Plan
o Interior Elevations, as required
o Building Sections, as required
o Architectural Details, as required ADA Path of Travel design and/or signage Plan • Mechanical Engineering & Plumbing
• Electrical Engineering
o Single line diagram
o Location of panels, switchgear, meters
o Schedules
o General Notes
o Details

Plans shall be submitted at 90% completion for City staff review, and revised per City comments to produce a 100% complete construction drawing package. It is imperative that the consultant exercise care and completeness when implementing plan check comments, to keep project moving more as expeditiously as possible. The City will then conduct one more cursory review prior to obtaining all final approvals and signatures.

Technical Specifications
Technical specifications for all components listed above shall be provided by Consultant, or their Subconsultants, to the City in CSI (Construction Specifications Institute) format. City Staff will combine these specifications with the City Boiler Plate which together, will become the Project Manual.

City Council
13 –
25 2/18/2025

City of Santa Ana RFP 24-100A
Page A1-6

Plan Check & Permits:

Construction drawings shall be in accordance with the 2019 California Building Code and will require review/approval by the City Planning and Building Agency.

As a condition of plan check approval, plans, specifications and structural calculations must be signed by a California licensed architect / landscape architect /civil engineer/structural engineer as appropriate. Additionally, the architect will be encouraged to identify their historic consultant to address questions and concerns related to the historical preservation of the building. Plans shall be organized so that they can be segregated cleanly for distribution to the various plan checking entities.

The Public Works Agency Project Manager will coordinate the submittal and review process. Once complete, the consultant will revise the Contract Documents

Final Opinion of Probable Cost
Consultant shall provide updated opinion of probable construction cost which shall reflect finalized plans, materials, systems, details of construction, and known or anticipated changes in the bidding market relative to the project.

Should project scope exceed available budget, project plans/specifications will be phased as appropriate.

Task 3: Bid Advertisement, Construction Administration, Record Drawings:

Bid Advertisement
Bidding procedures will be the responsibility of the City. While the PS&E construction package is advertising for bids, all questions concerning the intent shall be referred to the City for resolution. In the event that any item requiring interpretation in the drawings or specifications is discovered during the bidding period, said items shall be analyzed by the Consultant for decision by the City. Consultant shall provide support to the City during the Bidding phase by assisting with questions, requests for information/clarification, or conflicts arising out of the bidding process.

Consultant shall also attend pre-bid meeting, if scheduled.

Construction Administration
Consultant shall provide support to the City during the Construction Administration phase by assisting with questions, requests for information/clarification, and/or reviewing submittals. Consultant shall review and approve all submittals and shop plan drawings required to support the construction contract. Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. Consultant shall be available as requested by the City to resolve discrepancies in the contract documents. Consultant shall bring to the attention of the City any defects or deficiencies in the work by the construction contractor which the Consultant may observe. Consultant shall have no authority to issue instruction on behalf of the City, or to deputize another to do so.

Record Drawings / As-built Plans:

Upon construction completion, consultant shall incorporate as -built information, as provided by the General Contractor, into the drawing files to provide record drawings for City archives. The Consultant shall prepare and deliver to the City the final as-built plans incorporating field marked prints supplied by the City. Upon completion of construction, the City will submit field-marked prints to Consultant. Consultant shall incorporate all changes to the plans electronically with all necessary revision notations and submit to the City.

City Council
13 –
26 2/18/2025

City of Santa Ana RFP 24-100A
Page A1-7

Fee Proposal:

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

Task 1: Design Development
Task 2: Construction Documents
Task 3: Bid Advertisement, Construction Administration, Record Drawings

Total Fee: _____________

Fee schedule for each task should include an hourly breakdown that corresponds to the task total

Project Files:

Consultant shall provide review sets in .pdf format. Final plans shall be provided in AutoCAD or Microstation format

CITY RESPONSIBILITIES:

The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.
• Provision of available plans and existing documentation on file. • Provision of electronic design file with City title block and title sheet (24" x 36") • Provision of standard City boilerplate specifications. • Provide access to existing building, as requested by consultant. • Furnish scope of work and provide general direction as needed for the assigned project. • All plan check coordination within the City
• Facilitate meeting space and coordination and City facilities CONSULTANT RESPONSIBILITIES:
• All work as described under Consultant Services (Section A-K), General Requirements and Payment & Invoicing.
• Provide Bonds and Insurance as outlined in Attachment of this RFP. • Submit renewal of Certificate of Insurance 30 days before expiring. • Ensure Certificate of Insurance is current when submitting invoice

City Council
13 –
27 2/18/2025

City of Santa Ana
Santa Ana Downtown Parking Structure Improvements
RFP NO. 24-100A
Submitted by:
1 Peters Canyon Road, Suite 130, Irvine, CA 92606
T: 949.387.8500 www.idsgi.com
Fee Proposal
October 28, 2024

EXHIBIT B - FEE PROPOSAL

City Council
13 –
28 2/18/2025

CITY OF SANTA ANA DOWNTOWN PARKING STRUCTURE
IMPROVEMENTS RFP NO. 24-100A
Staff Allocations per Discipline: Cost Estimate Consultants Role/Classifications: Hours Fees Principal Overall PM Senior Arch
Job
Captain CAD Principal Senior
Arch
Job
Captain CAD Principal Senior
Eng
Proj.

Eng CAD Principal Senior
Eng
Proj.

Eng CAD Elevator
Consultant
Hourly Rate: 220$ 211$ 185$ 132$ 118$ Hrs Fees 220$ 185$ 132$ 118$ Hrs Fees 220$ 185$ 175$ 118$ Hrs Fees 220$ 185$ 175$ 118$ Hrs Fees Task 1: Design Development 259 $60,710
Kick-off Meeting / Site Investigation 14 $2,764 2 4 2 8 $1,654 2 2 $370 2 2 $370 2 2 $370 Pre-Design / Research 21 $4,128 8 2 10 $2,058 1 2 3 $590 4 4 $740 4 4 $740 Site & Engineering Design 55 $8,289 4 4 8 16 $2,640 1 2 4 7 $921 2 8 4 14 $2,242 2 4 12 18 $2,486 Site Plan Review 16 $3,064 4 2 6 $1,214 2 2 $370 4 4 $740 4 4 $740 Outline Specifications 4 $792 2 2 $422 0 $0 1 1 $185 1 1 $185 Preliminary ROM Cost Estimate 1 $211 1 1 $211 0 $0 0 $0 0 $0 Design Development (60% plans) 148 $41,462 2 8 16 24 16 66 $10,144 2 8 4 14 $1,898 8 16 8 32 $5,224 8 16 12 36 $5,696 $12,500 $6,000 Task 2: Construction Documents 264 $69,944
90% Construction Documents 137 $30,845 8 16 24 24 72 $10,648 1 4 4 9 $1,185 4 12 8 24 $3,784 4 12 16 32 $4,728 $10,500 100% Construction Documents 73 $21,275 4 4 8 8 24 $3,584 1 2 4 7 $921 2 8 8 18 $2,714 4 8 12 24 $3,556 $10,500 Construction Cost Estimate 2 $422 2 2 $422 0 $0 0 $0 0 $0 Technical Specifications 6 $1,162 2 2 $422 0 $0 2 2 $370 2 2 $370 Final Construction Documents Submission 46 $16,240 8 2 4 14 $2,586 2 2 4 $634 4 8 12 $2,140 8 8 16 $2,880 $8,000 Task 3: Bid Advertisement, Construction
Administration, and Record Drawings 145 $26,933
Plan Check & Permits 14 $2,778 8 4 12 $2,428 0 $0 1 1 $175 1 1 $175 Final Construction Cost Estimate 2 $422 2 2 $422 0 $0 0 $0 0 $0 Bid Advertisement 4 $844 4 4 $844 0 $0 0 $0 0 $0
Construction Administration 76 $13,046 8 16 12 36 $6,232 2 4 2 8 $1,134 4 12 16 $2,840 4 12 16 $2,840 Record Drawings / As-built Plans 49 $9,843 2 4 4 8 18 $2,634 1 2 4 7 $921 4 8 12 $1,644 4 8 12 $1,644 $3,000 TOTAL - Hours 4 79 72 84 56 295 1 16 24 22 63 0 37 69 36 142 0 43 65 60 168 Fee Proposal Total $157,587
Subtotal
TOTAL Landscape Arch Electrical Civil Architecture
Subtotal Subtotal Subtotal
668
12/13/2024 1

City Council
13 –
29 2/18/2025

DOWNTOWN PARKING STRUCTURE
IMPROVEMENTS RFP NO. 24-100A

CITY OF SANTA ANA

1 2024 RATES
IDS GROUP , INC.
2024 Rates
Professional Classification Hourly Rate
Principal $234
Associate Principal $220
Senior Project Manager | Associate $211
Senior Planner $211
QA/QC Manager $211
Registered Architect | Engineer $197
Project Manager $197
Senior Architect | Engineer $185
Senior Cost Estimator $175
Project Architect | Engineer $175
Senior Designer $170
Design Architect | Engineer $160
Specifications Writer $160
Engineering Designer (BIM) $139
Architectural Job Captain | Designer $132
CAD Drafting Engineer | Architect $118
Office Administration $73
Survey Manager $250
Project Surveyor $190
2-Man Survey Crew $350
1-Man Survey Crew $225
Expenses such as, but not limited to plan check fees, permits inspections, testing services, title company fees, special delivery charges, plotting/presentation boards, maps, aerial photographs, and reprographics / illustrations that may be required for community or other stakeholder presentations, shall be billed to the owner at Consultant’s direct cost plus 5%.

City Council
13 –
30 2/18/2025

1 Peters Canyon Road, Suite 130, Irvine, CA 92606
T: 949.387.8500 www.idsgi.com

City Council
13 –
31 2/18/2025

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/i255

EXHIBIT C - FEDERAL REGULATIONS

City Council
13 –
32 2/18/2025

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City Council
13 –
33 2/18/2025

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City Council
13 –
34 2/18/2025

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City Council
13 –
35 2/18/2025

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Public Works Agency
www.santa-ana.org/pw
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 18, 2025
TOPIC: On-Call Water Resources Engineering Services

AGENDA TITLE
Agreements with Akel Engineering Group, Inc., Cannon Corporation, EEC Environmental, Huitt-Zollars, Inc., JIG Consultants, Kleinfelder, Inc., Psomas, Tetra Tech EC, Inc., and Water Works Engineers, LLC for On-Call Engineering Services (No. 24-083) (Non-General Fund)

RECOMMENDED ACTION
Approve agreements with Akel Engineering Group, Inc., Cannon Corporation, EEC Environmental, Huitt-Zollars, Inc., JIG Consultants, Kleinfelder, Inc., Psomas, Tetra Tech EC, Inc., and Water Works Engineers, LLC to provide on-call engineering services, for a shared aggregate amount not to exceed $2,000,000, for a three-year term beginning February 18, 2025 and expiring February 17, 2028, with provisions for two one-year extensions (Core Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Public Works Agency Water (PWA) Water Resources Division (Water Division) oversees and maintains the daily operations of the City’s water and sanitary systems.

The water system is comprised of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure regulating stations, and seven connection points to the Metropolitan Water District.

On June 25, 2024, PWA released a Request for Proposals (RFP) by which it sought the services of qualified consulting firms to provide on-call engineering services. The chosen consultants will supplement City staff by providing professional engineering design and cost estimating for civil works projects related to water, sewer, recycled water systems, and other projects related to PWA Water Division’s operations. The RFP was advertised on the City’s online bid management and publication system (PlanetBids) and proposals were received electronically via PlanetBids on July 23, 2024.

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The following table summarizes the participation of firms for RFP 24-083:
848 Vendors notified
39 Santa Ana vendors notified
61 Vendors downloaded the RFP Packet
15 Proposals received
2 Proposals received from Santa Ana Vendors
Proposals were solicited, opened on August 12, 2024, and evaluated. Fifteen proposals were submitted by the RFP deadline and all were determined to be responsive to the specifications and met the City’s requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP, and the following summarizes the top nine responding firms and their rankings:

Firm City Rank
Tetra Tech EC, Inc. Irvine, CA 1
Huitt-Zollars, Inc. Irvine, CA 2
Psomas Santa Ana, CA 3
Cannon Corporation Los Angeles, CA 4
Kleinfelder, Inc. Laguna Hills, CA 5
EEC Environmental Orange, CA 6
Water Works Engineers, LLC Torrance, CA 7
JIG Consultants Orange, CA 8
Akel Engineering Group, Inc. Fresno, CA 9
Each of the proposals demonstrated the firms have the necessary capacity and expertise to complete the required services. Therefore, staff recommends awarding agreements to Akel Engineering Group, Inc., Cannon Corporation, EEC Environmental, Huitt-Zollars, Inc., JIG Consultants, Kleinfelder, Inc., Psomas, Tetra Tech EC, Inc., and Water Works Engineers, LLC (Exhibits 1-9), to ensure sufficient resources are available to meet the needs of the PWA Water Division.

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

FISCAL IMPACT
Funds in the amount of $61,623 are budgeted and available for expenditure in the current fiscal year. Funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration.

The available budgeted account balance in this fund is $61,623; however, staff requests contract authority for $100,000 to allow for emergencies and unforeseen work. If it

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becomes necessary to use the full contract authority, staff would reallocate budget within the department and fund in compliance with the City’s budgetary controls.

Fiscal
Year
Accounti
ng Unit -
Account
#
Fund
Description Accounting Unit,
Account
Description
Budget
Available /
Projected
Requested
Contract
Authority
Contract (3-Year Term)
2024-25
(Feb –
June)
06017645
-62300 Water
Water Admin &
Engineering,
Contract Services-
Professional
$61,623 $100,000
2025-26 06017645
-62300 Water
Water Admin &
Engineering,
Contract Services-
Professional
$300,000 $300,000
2026-27 06017645
-62300 Water
Water Admin &
Engineering,
Contract Services-
Professional
$400,000 $400,000
2027-28
(July –
Jan)
06017645
-62300 Water
Water Admin &
Engineering,
Contract Services-
Professional
$200,000 $200,000
Optional Two, 1-Year Extensions
2027-28
(Feb –
June)
06017645
-62300 Water
Water Admin &
Engineering,
Contract Services-
Professional
$250,000 $250,000
2028-29 06017645
-62300 Water
Water Admin &
Engineering,
Contract Services-
Professional
$500,000 $500,000
2029-30
(July –
Jan)
06017645
-62300 Water
Water Admin &
Engineering,
Contract Services-
Professional
$250,000 $250,000
Total: $1,961,623 $2,000,000

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EXHIBIT(S)

1. Agreement with Akel Engineering Group, Inc.

2. Agreement with Cannon Corporation

3. Agreement with EEC Environmental

4. Agreement with Huitt-Zollars, Inc.

5. Agreement with JIG Consultants

6. Agreement with Kleinfelder, Inc.

7. Agreement with Psomas

8. Agreement with Tetra Tech EC, Inc.

9. Agreement with Water Works Engineers, LLC
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager

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#2010281v1
AGREEMENT WITH AKEL ENGINEERING GROUP, INC. TO PROVIDE

ON-CALL WATER RESOURCES ENGINEERING SERVICES
THIS AGREEMENT is made and entered into on this 18TH day of February, 2025 by and between Akel Engineering Group, Inc., a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On June 25, 2024, the City issued Request for Proposals No. 24 -083, by which it sought Consultants to provide on-call water resources engineering services on behalf of the City of Santa Ana’s Public Works Agency.

B. Consultant submitted a responsive pr oposal 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 No. 24 -083 and attached as Exhibit A .

Consultant’s proposal shall be incorp orated by reference as though fully att ached here to this Agreement.

C. Consultant was selected as one of nine (9) vendors which qualified for this engagement.

Only those consultants approved by the City Council on February 18, 2025 shall be eligible to be engaged by the City for these services.

D. 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 the City’s sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work require d to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of nine (9) consultants selected under RFP 24-083. The total compensation for these services provided by all such con sultants selected under RFP 24 -083 shall not exceed the shared aggregate amount of Two Million Dollars ($2,000,000) during the term of the Agreement, EXHIBIT 1

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#2010281v1
including any extension periods.

b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM

This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earli er in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR

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

5. OWNERSHIP OF MATERIALS

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

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

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6. INSURANCE

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

MINIMUM SCOPE AND LIMIT OF INSURANCE

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

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

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

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

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

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

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

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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 of ficers, officials, employees, agents, or volunteers shall not contribute with it.

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

5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City.

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

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M -21), 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, ce rtified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

7. INDEMNIFICATION

Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, whic h may arise from the

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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.

8. INTELLECTUAL PROPERTY INDEMNIFICATION

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

9. RECORDS

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

10. CONFIDENTIALITY

If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential

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information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE

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

12. NON-DISCRIMINATION

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

13. EXCLUSIVITY AND AMENDMENT

This Agreement represents the complete and exclusive statement between the City and 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.

14. ASSIGNMENT

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

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15. TERMINATION

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

16. WAIVER

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

17. JURISDICTION - VENUE

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

18. PROFESSIONAL LICENSES

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

19. NOTICE

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

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To City:

City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988

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

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 aft er it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

[signature page to follow]

Akel Engineering Group, Inc.

Attn: Tony Akel, President
7433 N. First St., Ste. 103
Fresno, CA 93720

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

ATTEST: CITY OF SANTA ANA

Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager

APPROVED AS TO FORM:

SONIA R. CARVALHO CONSULTANT:

City Attorney

By:

Kyle Nellesen
Assistant City Attorney (title)
Tax ID#

RECOMMENDED FOR APPROVAL:

Nabil Saba, P.E.

Executive Director
Public Works Agency

Tony Akel, P.E., PACP, D.WRE
President

Nabil Saba
Digitally signed by
Nabil Saba
Date: 2025.01.29
13:25:20 -08'00'

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EXHIBIT A

SCOPE OF SERVICES

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Contractor/Consultant shall perform services as set forth below.

INTRODUCTION/BACKGROUND
The City of Santa Ana intends (City) to select several qualified firms to provide professional services for a variety of projects and program s on an as-needed or “on-call” basis. Each firm selected will enter into a Professional Services Agreement to provide such services. Throughout the term of the Professional Services Agreement, the City may request task order proposals for individual projects and/or programs as the need for such services arises. The task order proposal fee shall be based on the hourly rates provided by the firm in response to this RFP.

If a task order proposal is selected, a Notice-to-Proceed will be issued based on an agreed-upon specific scope of services and fee for that task order. The firm may utilize in-house staff and/or sub-consultants to complete each task order. For specialized work for which the prime consultant shall require a sub-consultant , the prime consultant shall serve as an administrative liaison between the City a nd the sub-consultant, and include these administrative costs in their proposed project management fees.

Prime consultant mark-ups for sub-consultant work will not be allowed.

SCOPE OF SERVICES
Provide professional engineerin g services for planning, desi gn, and construction support for domestic water, recycled water, sanitary sewer, storm sewer, and related facility projects.

In general, each task order shal l include, at minimum, th e following project management services:
 Project Schedule
Create schedules with the critical milestones for the major tasks involved in a project.

Update the schedule monthly, or more often, as required by the City. Schedules shall be submitted in PDF format unless other format is requested by the City.  Meetings
Attend meetings and/or job walks, as r equested by the City. Prepare meeting agendas and meeting minutes.

EXHIBIT I

SCOPE OF SERVICES

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 Monthly Project Status Report
Prepare Monthly Project Status Reports that show an accurate accountability of work effort rendered and a continuous appraising and monitoring of both work progress and financial conditions on a project.

The fee for project management services, including time and related expenses, shall be included in each task order proposal.

Firms may propose on any category listed below (1-5). The services to be performed may include, but shall not be limited to, the following:

1. PLANNING, RESO URCES, AND DESIGN
Provide water engineering services to conduct water capital improvement projects, which may involve one or multiple disciplines, incl uding planning studies, hydraulic modeling, feasibility studies, design of pipelines, wells, pump stations, pressure regulating stations, reservoirs, water quality and water treat ment, waste and recycled water quality and treatment, hydrogeology, engineering support during construction, and encompassing associated services such as Architecture, Structural, Civil, Mec hanical, HVAC, Landscape Architecture, Geotechnical, Environmental, Electrical, Instrumentation, and Control. a. Planning Studies and Feasibility Studies
Provide engineering, financial, and planning se rvices to perform pipeline alignment and facility siting studies, water system planning studies, recycled water system planning and feasibility studies, water demand and supply studies, rate studies, asset management, and other studies that may be required in water system planning. Provide consulting services related to water resources and c onservation. Studies may include water supply assessments, water supply verifications , urban water management plans, water use surveys and others studies that may be required for water resources and conservation programs
b. Hydraulic Modeling
Perform Water System Master Planning in cluding Comprehensive Studies, Hydraulic Analysis, Transient Analysis, Fire Flow Analysis, and Flow Optimization. c. Condition Assessment
Provide comprehensive condition assessment of the City’s water system, including seismic, structural, security and vulnerability. Assessment of the structural integrity of the pipe shall include identifying leaks, pipe damage, pipe defect, loss of pipe wall thickness due to corrosion or erosion, etc., along the length of the pipe. Provide reports and memorandums with maps and exhibits as required to detail results of the study including likelihood of failure, risk and consequence of failure. Reports and/or technical memorandums shall also include detailed explanation of data collected and used for the study, any assumptions made as well as recommendations for short-term and long-term risk mitigation strategies.

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d. Design Services
Provide consulting services for the design of water facilities, including water wells, pump stations, pressure regulating stations, re servoirs, water quality and treatment, water mains, recycled water supply and distribution facilities, associated appurtenances, as well as other related components of the faciliti es such as buildings, landscape, grading, drainage, etc. for a complete and operative project.
e. Other Related Services
Provide other related services including, but not limited to, the following:
i. Architecture
Provide consulting services for architectural design, architectural renderings, line- of-sight analyses, building sections, code interpretation issues and other architectural related issue.
ii. Structural
Provide consulting services for structural investigations of the City’s existing facilities, seismic analysis, miscellaneous structural calculations, and design on the City’s existing and proposed systems and structures. iii. Civil
Provide consulting services for general engineering services as required for the project. Scope of work may include but is not limited to site design, street improvements, grading, dr ainage, preparation of Water Quality Management, Erosion Control, and Stormwater Poll ution Prevention Plans, and related calculations and reports as necessary.
iv. Mechanical, HVAC
Provide consultation, engineering, and design services on modification, upgrade, and replacement of existing mechanical and HVAC systems, including piping, plumbing, support systems, controls, code interpretation, and related calculations as necessary.
v. Landscape Architecture
Provide consulting services for landscape architecture design, including landscape planting plans, renderings and views of proposed landscape plantings, and landscape installation inspection servic es. Provide consultation for irrigation system design and inspection.

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vi. Geotechnical Engineering Services
Conduct geotechnical investigations, incl uding field explorations and tests, laboratory tests, and seismic investigations, to assess the general conditions of a project site area and prepare geotechnical reports of final design and construction recommendations. Field explorations may r equire drilling plans and classification of underlying soils and must be done un der the supervision of a licensed geotechnical engineer or regi stered geologist. Investigations may include slope stability analysis of reservoir embankm ents, foundations, retaining walls, and dams and earthen dam monitoring and inspec tion to comply with California Department of Water Resources, Division of Safety of Dams (DSOD) and other City requirements. Provide seismic hazard analyses and site-specific seismic criteria, as needed, for project design.
vii. Hydrogeology
Provide consulting services on groundwat er issues related to and including rehabilitation of existing potable water production wells, siting and design of new potable water production wells, destruction of inactive wells, evaluation of contamination plumes, and groundwater modeling. Evaluate the hydrogeology of proposed potable water production well si tes and investigate proposed wells.

Determine design parameters and requirem ents necessary to drill, operate, and maintain proposed wells; proposed well co nstruction (casing diameter, locations of perforated intervals); and proposed oper ation of wells. Prepare Drinking Water Source Assessment and Protection (DW SAP) plans for proposed potable water production wells.

Provide inspection, hydrogeologic anal ysis and recommendations during new potable water production well drilling and existing well destruction activities, including, but not limited to, on site consulting geologists, geological sampling and formation analysis, geophysical logging and interpretation, sieve analyses, final well construction recommendations, and qual ity assurance and assistance in achieving conformance with the construc tion specifications and applicable codes and standards.
viii. Environmental Compliance Services
Provide consulting services for the pr eparation of environmental documents and support studies to comply with California Environmental Quality Act (CEQA), which may include an Initial Study, Negative Declaration, Mitigated Negative Declaration, Addendum, or Environmental Impact Repor t, or Supplement or Subsequent EIR, National Environmental Policy Act (NEPA) when complying with federal grants, permit applications with support studi es, aesthetic simulations, and other environmental compliance tasks that may be needed.

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ix. Recycled Water Compliance
Provide assistance with compliance requirements for recycled water treatment and distribution system monitoring and reporting.
x. Electrical, Instrumentation & Control Services
Provide consultation, engineering, and design services on modification, upgrade, troubleshooting, restarting, adjusting control settings, and replacement of existing electrical systems, including motor contro l centers, motor starters, electrical panels, and instrumentation and control systems, including SCADA systems. xi. Engineering Support During Bidding and Construction Review and respond to RFI’s and review and approve shop drawings submitted by contractor for conformance with the contract documents. Review progress reports and payments as required. Prepare supplementary sketches and details, as required, to resolve field construction problems that may be encountered. Provide project inspection as needed. Provide assistance in ensuring regulatory compliance, as needed. Prepare the “as constructed” corrections to the original drawings and specifications . Attend meetings on behalf of the City and assist in Public Relations, as needed.
xii. Plan Check Services
Provide consulting services for plan c hecking improvement plans to determine compliance with applicable standards, guidelines, policies, rules, ordinances, and codes.

2. CONSTRUCTION MANAGEMENT
Provide construction management and inspection services during construction. The tasks of construction management and inspection shall include, but not be limited to:
a. Construction Management and Coor dination with Contractor Provide construction management and coordinate as needed for the project. Review and coordinate construction schedule and activitie s; conduct and attend meetings on behalf of the City. Provide permit compliance documentation, follow up, and support for all permits and clearances required on a project. The construction management team ma y also be asked to attend meetings and assist in maintaining public relations as needed.
b. Project Administration
Provide review of, recommend, and prepare change order(s) and/or extra work order(s) as needed on construction project. Coordi nate and process RFI’s and shop drawings submittals, and ensure construction conformanc e with the contract documents. Review and adjust progress pay estimates prepared and submitted by the contractor for conformance with the contract documents.

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c. Construction Inspection
Provide construction inspection by qualified inspectors and maintain daily inspection reports, construction progress reports, and proj ect logs, etc., of the progress of the construction work. Secure record drawing in formation from the construction contractor.

Provide start-up support for a Project, including final acc eptance testing, support, and final completion sign off. Prepare the Final Construction Report.

3. PIPELINE DESIGN
Provide consulting services for the design of water mains, transmission mains, siphons and associated appurtenances. Provi de preliminary and final design services including the preparation of plans, specifications, and cost estimates. Provide bidding assistance, construction support, and final as-builts as needed for projects.

4. ELECTRICAL, INSTRUMENTATION & CONTROL SERVICES
Provide consultation, engineering, and des ign services on modification, upgrade, troubleshooting, restarting, adjusting control se ttings, and replacement of existing electrical systems, including motor control centers, motor starters, electrical panels, and instrumentation and control systems, including SCADA systems components, instrumentation, communicati on system components, security cameras, door/gate access controls, information technology for SC ADA system and cybersecurity support for PLC/HMI/OIT software and custom applications for the City Water System.

5. GEOTECHNICAL ENGINEERING SERVICES
Conduct geotechnical investigations, including fiel d explorations and tests, laboratory tests, and seismic investigations, to assess the general conditions of a project site area and prepare geotechnical reports of final design and constr uction recommendations. Field explorations may require drilling plans and classification of underlying soils and must be done under the supervision of a licensed geotechnical engineer or registered geologist. Investigations may include slope stability analysis of reservoir embankments, f oundations, retaining walls, and dams and earthen dam monitoring and inspection to comply with California Department of Water Resources, Division of Safety of Dams (DSOD) and other City requirements. Provide seismic hazard analyses and site-specific seismic criteria, as needed, for project design.

Proposals shall explicitly state which category listed above (1-5) is being proposing on. If there are any exceptions to the core of requested services above, proposers shall list said exceptions in their proposal (matrix form).

GENERAL REQUIREMENTS AND PROJECT DELIVERABLES
The Consultant’s services for plans specifications and estimates (PS&E) for engineering projects and special studies/investigations shall be in conformance, if applicable, with the following: Title 24 of the California Code of Regulations (California Building Standards Code), American Water

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Works Association, California Department of Transportation, Americans with Disabilities Act, City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and any other federal, state, or local guidelines required in the project.

As part of the PS&E package, the Consultant shal l prepare the special provisions pertaining to the items of work included in t he plans that are not addressed on the latest editions of the applicable standards.

The Consultant shall have complete responsibi lity for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana DO NOT include detailed review or checking of design for the accuracy with which such designs are depicted in the documents and the plans. T he documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appear ance, well organized, technically and grammatically correct, checked and dated, and having the maker and checker identified.

The Consultant shall have project management c ontrol procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following:
 Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the (PS&E) packages. This plan shall include all milestones and task breakdown for each of the tasks and subtasks included therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed
 Deliverables
 Quality Control/Quality Assurance (QA/QC) Plan
 Project Schedule/Invoicing
 Project Correspondence
In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification.

CITY RESPONSIBILITIES
The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.
 Furnish scope of work and provide general direction as needed for the assigned project  All plan check coordination within the City

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CITY OF SANTA ANA

EXHIBIT I - 8

 Advertise, award, and adminis ter of construction contract  Electronic files (sample plans & specificat ions, City of Santa Ana’s CADD Standards)  Electronic files for title sheets and sheet borders
 Facilitate meeting space and coordination and City facilities

FEE PROPOSAL
In addition to Section III.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows:

The fee proposal shall include the firm’s standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this document. A list of all positions and hourly rates required to perform the services described herein.

A more detailed scope of work will be provided when/if a Task Order proposal is requested of a consultant. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project.

OTHER TERMS AND CONDITIONS

1. The project will be implemented in compliance with the City of Santa Ana’s policies, as well as Prevailing Wages and State/Federal Requirements.

2. The City regards the inclusion of Califo rnia based designs, engineering, and construction professionals, facilities, and services as par t of the Team to be hi ghly desirable, but not mandatory.

3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.

4. All reports, proposals, or other data or ma terials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals.

5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.

6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises.

All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a “Certification of Non- Discrimination by Contractors” for each firm on their team.

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EXHIBIT B

COMPENSATION
Fee Proposal including hourly rates if applicable

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RATE SCHEDULE

PERSONNEL
Support Staff Hourly Rate
Administrative $116

Technical Staff Hourly Rate
GIS Technician $146
Senior GIS Technician $176

Professional Services Hourly Rate
Engineering Assistant $135
Assistant Engineer $170
Associate Engineer $199
Senior Engineer $221
Principal Engineer $269
Senior Principal Engineer $298

EXPENSES
Category
Subconsultant / Other Direct Costs Cost plus 5%

Notes:

1. Software usage costs are included in hourly rates shown.

2. AKEL Billing Rates are subject to an annual increase at the end of the fiscal year, to reflect labor rates and related cost adjustments.

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EXHIBIT 2

AGREEMENT WITH CANNON CORPORATION TO PROVIDE

ON-CALL WATER RESOURCES ENGINEERING SERVICES
THIS AGREEMENT is made and entered into on this 18TH day of February, 2025 by and between Cannon Corporation, a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A.

B.

On June 25, 2024, the City issued Request for Proposals No. 24-083, by which it sought Consultants to provide on-call water resources engineering services on behalf of the City of Santa Ana’s Public Works Agency.

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 No. 24-083 and attached as Exhibit A.

Consultant’s proposal shall be incorporated by reference as though fully attached here to this Agreement.

C.

D.

Consultant was selected as one of nine (9) vendors which qualified for this engagement.

Only those consultants approved by the City Council on February 18, 2025 shall be eligible to be engaged by the City for these services.

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

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of nine (9) consultants selected under RFP 24-083. The total compensation for these services provided by all such consultants selected under RFP 24-083 shall not exceed the shared aggregate amount of Two Million Dollars ($2,000,000) during the term of the Agreement,

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including any extension periods.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

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

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

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

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

MINIMUM SCOPE AND LIMIT OF INSURANCE

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

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

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

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

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

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

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

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

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under the terms of any policy which arise from work performed by Consultant under this Agreement.

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

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

5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City.

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

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M-21), Santa Ana, CA 92701.

The name and location of project must be included in the Description of Operations section of each certificate.

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

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

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

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

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

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

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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.

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

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

10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential

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information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

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

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

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and 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.

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

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

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.

Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

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

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

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

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

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To City:

City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
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
To Consultant:

Cannon Corporation
Attn: J. Eric Porkert, Project Manager
11900 W. Olympic Blvd., Ste 530
Los Angeles, CA 90064
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signature page to follow]

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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 Nuñez
City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney

CANNON CORPORATION
By:

Kyle
Assistant City Attorney Director, Water Resources Division RECOMMENDED FOR APPROVAL:

Nabil Saba
Digitally signed by Nabil Saba
Date: 2025.01.29 13:26:55 -08'00'
Nabil Saba, P.E.

Executive Director
Public Works Agency

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EXHIBIT A

SCOPE OF SERVICES
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CITY OF SANTA ANA

EXHIBIT I

SCOPE OF SERVICES
Contractor/Consultant shall perform services as set forth below.

INTRODUCTION/BACKGROUND
The City of Santa Ana intends (City) to select several qualified firms to provide professional services for a variety of projects and programs on an as-needed or “on-call” basis. Each firm selected will enter into a Professional Services Agreement to provide such services. Throughout the term of the Professional Services Agreement, the City may request task order proposals for individual projects and/or programs as the need for such services arises. The task order proposal fee shall be based on the hourly rates provided by the firm in response to this RFP.

If a task order proposal is selected, a Notice-to-Proceed will be issued based on an agreed-upon specific scope of services and fee for that task order. The firm may utilize in-house staff and/or sub-consultants to complete each task order. For specialized work for which the prime consultant shall require a sub-consultant, the prime consultant shall serve as an administrative liaison between the City and the sub-consultant, and include these administrative costs in their proposed project management fees.

Prime consultant mark-ups for sub-consultant work will not be allowed.

SCOPE OF SERVICES
Provide professional engineering services for planning, design, and construction support for domestic water, recycled water, sanitary sewer, storm sewer, and related facility projects.

In general, each task order shall include, at minimum, the following project management services:
 Project Schedule
Create schedules with the critical milestones for the major tasks involved in a project.

Update the schedule monthly, or more often, as required by the City. Schedules shall be submitted in PDF format unless other format is requested by the City.  Meetings
Attend meetings and/or job walks, as requested by the City. Prepare meeting agendas and meeting minutes.

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CITY OF SANTA ANA
 Monthly Project Status Report
Prepare Monthly Project Status Reports that show an accurate accountability of work effort rendered and a continuous appraising and monitoring of both work progress and financial conditions on a project.

The fee for project management services, including time and related expenses, shall be included in each task order proposal.

Firms may propose on any category listed below (1-5). The services to be performed may include, but shall not be limited to, the following:

1. PLANNING, RESOURCES, AND DESIGN
Provide water engineering services to conduct water capital improvement projects, which may involve one or multiple disciplines, including planning studies, hydraulic modeling, feasibility studies, design of pipelines, wells, pump stations, pressure regulating stations, reservoirs, water quality and water treatment, waste and recycled water quality and treatment, hydrogeology, engineering support during construction, and encompassing associated services such as Architecture, Structural, Civil, Mechanical, HVAC, Landscape Architecture, Geotechnical, Environmental, Electrical, Instrumentation, and Control. a. Planning Studies and Feasibility Studies
Provide engineering, financial, and planning services to perform pipeline alignment and facility siting studies, water system planning studies, recycled water system planning and feasibility studies, water demand and supply studies, rate studies, asset management, and other studies that may be required in water system planning. Provide consulting services related to water resources and conservation. Studies may include water supply assessments, water supply verifications, urban water management plans, water use surveys and others studies that may be required for water resources and conservation programs
b. Hydraulic Modeling
Perform Water System Master Planning including Comprehensive Studies, Hydraulic Analysis, Transient Analysis, Fire Flow Analysis, and Flow Optimization. c. Condition Assessment
Provide comprehensive condition assessment of the City’s water system, including seismic, structural, security and vulnerability. Assessment of the structural integrity of the pipe shall include identifying leaks, pipe damage, pipe defect, loss of pipe wall thickness due to corrosion or erosion, etc., along the length of the pipe. Provide reports and memorandums with maps and exhibits as required to detail results of the study including likelihood of failure, risk and consequence of failure. Reports and/or technical memorandums shall also include detailed explanation of data collected and used for the study, any assumptions made as well as recommendations for short-term and long-term risk mitigation strategies.

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CITY OF SANTA ANA
d. Design Services
Provide consulting services for the design of water facilities, including water wells, pump stations, pressure regulating stations, reservoirs, water quality and treatment, water mains, recycled water supply and distribution facilities, associated appurtenances, as well as other related components of the facilities such as buildings, landscape, grading, drainage, etc. for a complete and operative project.
e. Other Related Services
Provide other related services including, but not limited to, the following:
i. Architecture
Provide consulting services for architectural design, architectural renderings, line- of-sight analyses, building sections, code interpretation issues and other architectural related issue.
ii. Structural
Provide consulting services for structural investigations of the City’s existing facilities, seismic analysis, miscellaneous structural calculations, and design on the City’s existing and proposed systems and structures. iii. Civil
Provide consulting services for general engineering services as required for the project. Scope of work may include but is not limited to site design, street improvements, grading, drainage, preparation of Water Quality Management, Erosion Control, and Stormwater Pollution Prevention Plans, and related calculations and reports as necessary.
iv. Mechanical, HVAC
Provide consultation, engineering, and design services on modification, upgrade, and replacement of existing mechanical and HVAC systems, including piping, plumbing, support systems, controls, code interpretation, and related calculations as necessary.
v. Landscape Architecture
Provide consulting services for landscape architecture design, including landscape planting plans, renderings and views of proposed landscape plantings, and landscape installation inspection services. Provide consultation for irrigation system design and inspection.

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CITY OF SANTA ANA
vi. Geotechnical Engineering Services
Conduct geotechnical investigations, including field explorations and tests, laboratory tests, and seismic investigations, to assess the general conditions of a project site area and prepare geotechnical reports of final design and construction recommendations. Field explorations may require drilling plans and classification of underlying soils and must be done under the supervision of a licensed geotechnical engineer or registered geologist. Investigations may include slope stability analysis of reservoir embankments, foundations, retaining walls, and dams and earthen dam monitoring and inspection to comply with California Department of Water Resources, Division of Safety of Dams (DSOD) and other City requirements. Provide seismic hazard analyses and site-specific seismic criteria, as needed, for project design.
vii. Hydrogeology
Provide consulting services on groundwater issues related to and including rehabilitation of existing potable water production wells, siting and design of new potable water production wells, destruction of inactive wells, evaluation of contamination plumes, and groundwater modeling. Evaluate the hydrogeology of proposed potable water production well sites and investigate proposed wells.

Determine design parameters and requirements necessary to drill, operate, and maintain proposed wells; proposed well construction (casing diameter, locations of perforated intervals); and proposed operation of wells. Prepare Drinking Water Source Assessment and Protection (DWSAP) plans for proposed potable water production wells.

Provide inspection, hydrogeologic analysis and recommendations during new potable water production well drilling and existing well destruction activities, including, but not limited to, on site consulting geologists, geological sampling and formation analysis, geophysical logging and interpretation, sieve analyses, final well construction recommendations, and quality assurance and assistance in achieving conformance with the construction specifications and applicable codes and standards.
viii. Environmental Compliance Services
Provide consulting services for the preparation of environmental documents and support studies to comply with California Environmental Quality Act (CEQA), which may include an Initial Study, Negative Declaration, Mitigated Negative Declaration, Addendum, or Environmental Impact Report, or Supplement or Subsequent EIR, National Environmental Policy Act (NEPA) when complying with federal grants, permit applications with support studies, aesthetic simulations, and other environmental compliance tasks that may be needed.

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CITY OF SANTA ANA
ix. Recycled Water Compliance
Provide assistance with compliance requirements for recycled water treatment and distribution system monitoring and reporting.
x. Electrical, Instrumentation & Control Services
Provide consultation, engineering, and design services on modification, upgrade, troubleshooting, restarting, adjusting control settings, and replacement of existing electrical systems, including motor control centers, motor starters, electrical panels, and instrumentation and control systems, including SCADA systems. xi. Engineering Support During Bidding and Construction Review and respond to RFI’s and review and approve shop drawings submitted by contractor for conformance with the contract documents. Review progress reports and payments as required. Prepare supplementary sketches and details, as required, to resolve field construction problems that may be encountered. Provide project inspection as needed. Provide assistance in ensuring regulatory compliance, as needed. Prepare the “as constructed” corrections to the original drawings and specifications. Attend meetings on behalf of the City and assist in Public Relations, as needed.
xii. Plan Check Services
Provide consulting services for plan checking improvement plans to determine compliance with applicable standards, guidelines, policies, rules, ordinances, and codes.

2. CONSTRUCTION MANAGEMENT
Provide construction management and inspection services during construction. The tasks of construction management and inspection shall include, but not be limited to:
a. Construction Management and Coordination with Contractor Provide construction management and coordinate as needed for the project. Review and coordinate construction schedule and activities; conduct and attend meetings on behalf of the City. Provide permit compliance documentation, follow up, and support for all permits and clearances required on a project. The construction management team may also be asked to attend meetings and assist in maintaining public relations as needed.
b. Project Administration
Provide review of, recommend, and prepare change order(s) and/or extra work order(s) as needed on construction project. Coordinate and process RFI’s and shop drawings submittals, and ensure construction conformance with the contract documents. Review and adjust progress pay estimates prepared and submitted by the contractor for conformance with the contract documents.

EXHIBIT I - 5

City Council
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39 2/18/2025

CITY OF SANTA ANA
c. Construction Inspection
Provide construction inspection by qualified inspectors and maintain daily inspection reports, construction progress reports, and project logs, etc., of the progress of the construction work. Secure record drawing information from the construction contractor.

Provide start-up support for a Project, including final acceptance testing, support, and final completion sign off. Prepare the Final Construction Report.

3. PIPELINE DESIGN
Provide consulting services for the design of water mains, transmission mains, siphons and associated appurtenances. Provide preliminary and final design services including the preparation of plans, specifications, and cost estimates. Provide bidding assistance, construction support, and final as-builts as needed for projects.

4. ELECTRICAL, INSTRUMENTATION & CONTROL SERVICES
Provide consultation, engineering, and design services on modification, upgrade, troubleshooting, restarting, adjusting control settings, and replacement of existing electrical systems, including motor control centers, motor starters, electrical panels, and instrumentation and control systems, including SCADA systems components, instrumentation, communication system components, security cameras, door/gate access controls, information technology for SCADA system and cybersecurity support for PLC/HMI/OIT software and custom applications for the City Water System.

5. GEOTECHNICAL ENGINEERING SERVICES
Conduct geotechnical investigations, including field explorations and tests, laboratory tests, and seismic investigations, to assess the general conditions of a project site area and prepare geotechnical reports of final design and construction recommendations. Field explorations may require drilling plans and classification of underlying soils and must be done under the supervision of a licensed geotechnical engineer or registered geologist. Investigations may include slope stability analysis of reservoir embankments, foundations, retaining walls, and dams and earthen dam monitoring and inspection to comply with California Department of Water Resources, Division of Safety of Dams (DSOD) and other City requirements. Provide seismic hazard analyses and site-specific seismic criteria, as needed, for project design.

Proposals shall explicitly state which category listed above (1-5) is being proposing on. If there are any exceptions to the core of requested services above, proposers shall list said exceptions in their proposal (matrix form).

GENERAL REQUIREMENTS AND PROJECT DELIVERABLES
The Consultant’s services for plans specifications and estimates (PS&E) for engineering projects and special studies/investigations shall be in conformance, if applicable, with the following: Title 24 of the California Code of Regulations (California Building Standards Code), American Water EXHIBIT I - 6

City Council
14 –
40 2/18/2025

CITY OF SANTA ANA
Works Association, California Department of Transportation, Americans with Disabilities Act, City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and any other federal, state, or local guidelines required in the project.

As part of the PS&E package, the Consultant shall prepare the special provisions pertaining to the items of work included in the plans that are not addressed on the latest editions of the applicable standards.

The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana DO NOT include detailed review or checking of design for the accuracy with which such designs are depicted in the documents and the plans. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked and dated, and having the maker and checker identified.

The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following:
 Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the (PS&E) packages. This plan shall include all milestones and task breakdown for each of the tasks and subtasks included therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed
 Deliverables
 Quality Control/Quality Assurance (QA/QC) Plan
 Project Schedule/Invoicing
 Project Correspondence
In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification.

CITY RESPONSIBILITIES
The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.
 Furnish scope of work and provide general direction as needed for the assigned project  All plan check coordination within the City
EXHIBIT I - 7

City Council
14 –
41 2/18/2025

CITY OF SANTA ANA
 Advertise, award, and administer of construction contract  Electronic files (sample plans & specifications, City of Santa Ana’s CADD Standards)  Electronic files for title sheets and sheet borders
 Facilitate meeting space and coordination and City facilities

FEE PROPOSAL
In addition to Section III.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows:

The fee proposal shall include the firm’s standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this document. A list of all positions and hourly rates required to perform the services described herein.

A more detailed scope of work will be provided when/if a Task Order proposal is requested of a consultant. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project.

OTHER TERMS AND CONDITIONS

1. The project will be implemented in compliance with the City of Santa Ana’s policies, as well as Prevailing Wages and State/Federal Requirements.

2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory.

3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission.

4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals.

5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project.

6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises.

All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a “Certification of Non- Discrimination by Contractors” for each firm on their team.

EXHIBIT I - 8

City Council
14 –
42 2/18/2025

EXHIBIT B

COMPENSATION
Fee Proposal including hourly rates if applicable
#2010292v1

City Council
14 –
43 2/18/2025

2024-2027 Fee Schedule
Rates will remain firm for the entire initial Agreement term Architect Senior Associate
Assistant Resident Engineer
Assistant Resident Engineer I
Assistant Resident Engineer II
Associate Land Surveyor
Associate Landscape Architect
Automation Associate Engineer
Automation Design Engineer
Automation Project Engineer
Automation Specialist
$ 226
$ 178
$ 168
$ 178
$ 222
$ 189
$ 195
$ 157
$ 173
$ 173
$ 135
$ 173
$ 260
$ 346
$ 124
$ 141
$ 216
$ 157
$ 173
$ 254
$ 151
$ 182
$ 211
$ 230
$ 130
$ 268
$ 277
$ 168
$ 200
$ 227
$ 243
$ 365
$ 487
$ 243
$ 365
$ 487
$ 135
$ 130
$ 151
$ 157
$ 197
$ 243
$ 168
$ 281
$ 238
$ 249
$ 184
Land Surveyor $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
211
141
124
130
189
146
178
146
189
157
124
130
157
173
216
135
168
206
130
233
178
130
141
151
276
146
178
130
141
151
124
206
227
292
124
119
124
130
195
162
222
309
238
206
195
200
193
Landscape Architect
Landscape Designer I
Landscape Designer II
Lead Automation Specialist
Lead Automation Technician
Mechanical Senior Principal Designer
Mechanical Senior Project Designer
Mechanical Associate Engineer
Mechanical Design Engineer
Mechanical Engineering Assistant I
Mechanical Engineering Assistant II
Mechanical Lead Designer
Mechanical Principal Designer
Mechanical Principal Engineer
Mechanical Project Designer
Mechanical Project Engineer
Mechanical Senior Associate Engineer
Mechanical Senior CAD Technician
Mechanical Senior Principal Engineer
Mechanical Senior Project Engineer
Office Engineer/Doc Control I
Office Engineer/Doc Control II
Office Engineer/Doc Control III
One-Man Field Crew
Automation Technician I
BCI Construction Inspector
BCI Construction Inspector (PW OT)
BCI Construction Inspector (PW DT)
CAD Tech
CADD Manager
Civil Associate Engineer
Civil Lead Designer
Civil Principal Designer
Civil Principal Engineer
Civil Project Designer
Civil Project Engineer
Civil Resident Engineer
Civil Senior Associate Engineer
Civil Senior CAD Technician
Civil Senior Principal Engineer
Civil Senior Principal Engineer II
Civil Senior Project Designer
Civil Senior Project Engineer
Civil Senior Resident Engineer
Comm & System Installer
Comm & System Installer (PW OT)
Comm & System Installer (PW DT)
Comm & System Tech
Plan Check Engineer I
Plan Check Engineer II
Planner I
Planner II
Planner III
Planning Assistant I
Principal Automation Specialist
Principal Construction Engineer
Principal-in-Charge
Comm & System Tech (PW OT)
Comm & System Tech (PW DT)
Construction Coordinator II
Construction Inspector I
Construction Inspector II
Construction Inspector III
Department Manager, CM
Department Manager, Energy
Design Engineer
Project Designer I
Project Designer II
Project Designer III
Project Designer IV
Senior Automation Specialist
Senior Automation Technician
Senior Construction Manager
Senior Consultant
Senior Land Surveyor
Director, Automation & Electrical
Director, Construction Management
Director, Survey
Senior Landscape Architect
Senior Principal Designer
Senior Consultant, Public Admin/Finance
Senior Plan Check EngineerDry Utility Coordinator I

City Council
14 –
44 2/18/2025

2024-2027 Fee Schedule
Rates will remain firm for the entire initial Agreement term Electrical Associate Engineer
Electrical Design Engineer
Electrical Principal Designer
Electrical Sr. Principal Designer
Engineer Tech
$ 195
$ 157
$ 157
$ 173
$ 130
$ 124
$ 124
$ 341
$ 428
$ 281
$ 308
$ 308
$ 430
$ 552
$ 184
$ 368
$ 282
$ 307
$ 344
$ 168
$ 184
$ 238
$ 173
$ 216
$ 265
$ 146
$ 178
$ 124
$ 243
$ 365
$ 487
Structural Senior Project Engineer
Structural Associate Engineer
Structural Design Engineer
Structural Principal Designer
Structural Principal Engineer
Structural Project Engineer
Structural Senior Associate Engineer
Structural Senior CAD Technician
Structural Senior Principal Engineer
Structural Senior Project Designer
Structural Sr Principal Designer
Survey Assistant
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
184
195
155
141
216
173
206
130
238
135
157
124
146
157
168
178
189
243
365
487
566
849
Engineering Assistant I
Engineering Assistant II
Forensics Engineer III
Forensics Two-Man Survey Crew
Forensics Engineer I
Forensics Engineer II
Forensics Expert Witness I
Forensics Expert Witness II
Forensics Expert Witness III
Forensics Office Administrator
Forensics Research & Investigation
Forensics Survey Tech I
Forensics Survey Tech II
Forensics Survey Tech III
Grant Funding Manager
Grant Funding Manager II
I&E Principal Engineer
Survey Technician I
Survey Technician II
Survey Technician III
Survey Technician IV
Survey Technician V
Telecommunications Technician
Telecommunications Technician (PW OT)
Telecommunications Technician (PW DT)
Three-Man Field Crew
Three-Man Field Crew (PW OT)
Three-Man Field Crew (PW DT)
Two-Man Field Crew
I&E Project Engineer $ 1,131
I&E Senior Associate Engineer
I&E Senior Principal Engineer
I&E Senior Project Designer
I&E Senior Project Engineer
I&E Services Coordinator
Inside Wireman
$
$
$
$
$
$
411
617
822
362
544
725
Two-Man Field Crew (PW OT)
Two-Man Field Crew (PW DT)
Two-Man HDS Crew
Two-Man HDS Crew (PW OT)
Two-Man HDS Crew (PW DT)
Inside Wireman (PW OT)
Inside Wireman (PW DT)
If the client requests, or the client’s schedule requires work to be done on an overtime basis, a multiplier of 1.5 will be applied to the stated rates for weekdays for daily hours in excess of 8 as well as weekends, and a multiplier of 2.0 for daily hours in excess of 12 and holidays. If the client requests field services to be provided outside of normal working hours, a multiplier of 1.5 will be applied to the stated rates. For prevailing wage projects, if the client requests field services to be provided on any given Sunday, a multiplier of 2.0 will be applied to the stated rates; on or around an observed holiday, other rates may be applied. Survey Crews and Automation Field staff are billed portal to portal. A minimum charge of four hours will be charged for any Automation Field Service calls outside of normal working hours. Rates will remain firm for the entire initial Agreement term. (effective 07/23/2024)

City Council
14 –
45 2/18/2025

AIRX Utility Surveyors, Inc.

PREVAILING WAGE RATE SHEET
July 22, 2024
Pricing on this document is valid for 90 days from the date above.

Prepared For: Company Name Attn: Contact Name, Phone Number Project Name: Project Name, City of Project
Project Location: Example: 16061 Avenida Venusto @ 18" RCP SD Tie-In Total Number of Estimated Potholes: 0
Project Management & Report Preparation
Project Management (USA Mark-Out / Standby Coord. / Pothole Layout) Report drafting
Prevailing Wage Processing (Apprentice Reporting and Certified Payroll) Specialty Training
No.:

No.:

No.:

No.:
0 hours @
0 hours @
0 hours @
0 hours @
$165 per hour=
$125 per hour=
$125 per hour=
$140 per hour=
Sub-total
$0
$0
$0
$0
$0
Potholing
Potholing Daily Rate (2-man crew)
^^includes shoulder closure or narrow lane closure, backfill and AC cold patch Third Laborer for Hot Patch Cap
Mobilization (portal-to-portal)
Potholing 1-Man / 1-Vacuum Truck Hourly Rate
No.: 0 @ $4,000 per day= $0
No.:

No.:

No.:

No.:

No.:
0 0
0 0
0 @
@
@
@
@
$1,600 per day=
$400 per hour=
$275 per hour=
$0
$0
$0
$0
$0
$0
Manhole Dips
Haulage and Dump Fee (Non-Hazardous only)
$100 each=
$350 per load=
Sub-total
Wet & Dry Utility Locating
Locating - 1 Man & Equipment (Elec, Mag, Sonic, GPR)
Locating - CCTV Truck and 2 Crew
No.:

No.:
0 hours @
0 hours @
$205 per man hour=
$410 per man hour=
Sub-total
$0
$0
$0
Traffic Control
Traffic Control/ROW plans - 11"X17"
Permit processing
Minimal Traffic Control Equipment (w/CCTV only)
Bike Lane, Shoulder or Narrow Lane Closure (Excludes Arrow Board) Small Intersections/Standard Lane Closures (Up to 500' + tapers) No.:

No.:

No.:

No.:

No.:

No.:

No.:

No.:
0 0 @ $175 p/sheet=
$120 per hour=
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
0 hours @
0 each @
0 each @
0 each @
0 each @
0 days @
0 nights @
$145 per hour for
$150
$350
$550
$750
each=
each=
each=
each=Large Intersections/Multiple Lane Closures
Additional Arrow Board
Night Work Premium
$150 per day=
$350 per night=
Certified Flagman / Addt'l Laborer No. Flagmen 0 hours= Sub-total
Concrete and Asphalt Patching
Aquaphalt Permanent Patch w/Saw Cut
AC Hot Mix Patch w/Saw Cut (Crew of 2)
AC Hot Mix Patch Grind and Overlay (Crew of 4)
Coring - 12" Diameter
No.:

No.:

No.:

No.:

No.:
0 0
0 0
0 @
@
@
@
$150
$3,500 per day=
$6,500 per day=
each= $0
$0
$0
$0
$0
$130
Call for Quote
each=
Sidewalk Panel Replacement
Sub-total $0
Estimate Total: $0.00
XBD2024
Initials

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