Santa Ana City Council
November 4, 2025

AGREEMENT WITH KTU&A LLC TO PROVIDE

PROFESSIONAL SAFETY MOBILITY ANALYSIS SERVICES
THIS AGREEMENT is made and entered into on this 4th day of November, 2025 by and between KTU&A, LLC, a California limited liability company dba KTUA (“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 February 18, 2025, the City issued Request for Proposal No. 25-026, by which it sought a qualified consultant to provide professional safety mobility analysis services for the City’s Public Works Agency.

B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work documented in RFP No. 25-026.

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

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

1. SCOPE OF SERVICES
Consultant shall perform the services described in the scope of work included in RFP No. 25-026, attached as Exhibit A and incorporated in full, and is further described in Consultant’s Proposal, which is attached as Exhibit B and incorporated in full.

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The total amount to be expended during the term of this Agreement shall not exceed One Hundred Eighty Thousand, Eight Hundred Thirty-Two dollars ($180,832).
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 City Council 16 – 34 11/4/2025

set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above and terminate on November 3, 2026, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for an additional one (1) year period, exercisable by a writing by the City Manager and the City Attorney.

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.

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
City Council 16 – 35 11/4/2025

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

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

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

4. Professional Liability Insurance: with limits no less than $2,000,000 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 Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations.

2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.

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

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

5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation City Council 16 – 36 11/4/2025

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: Mike Arizabal, 20 Civic Center Plaza, M-43, 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 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 City Council 16 – 37 11/4/2025

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 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
a. Consultant covenants that it presently has no interests and shall not have interests, City Council 16 – 38 11/4/2025

direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.

The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.

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 City Council 16 – 39 11/4/2025

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.

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

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

17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or City Council 16 – 40 11/4/2025

arise out of, in connection with or by reason of this Agreement.

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

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

To City:

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 Consultant:

KTU&A, LLC dba KTUA
Joe Punsalan, Principal
3916 Normal Street
San Diego, CA, 92103
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 City Council 16 – 41 11/4/2025

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]
City Council 16 – 42 11/4/2025
City Council 16 – 43 11/4/2025

EXHIBIT A

SCOPE OF SERVICES
City Council 16 – 44 11/4/2025
Consultant shall perform services as set forth below.

INTRODUCTION, DESCRIPTION, AND SCOPE OF

WORK INTRODUCTION
The City of Santa Ana is issuing this Request for Proposals (RFP) for Engineering Services. The City of Santa Ana (City) continues to see the number of cyclists and pedestrians injured or killed in traffic collisions remain unacceptably high for several years. The Santa Ana City Council and community are now calling for a change to the City’s mobility priorities. The statistics tell the story:
 Most densely populated City in Orange County.
 48% of Residents are under the age of 30
 15% of Residents use public transit
Safe all-around Santa Ana mobility must be better balanced with regional mobility priorities. The response must be customized to address Santa Ana’s specific needs and characteristics.

DESCRIPTION
The City is issuing this Request for Proposal (RFP) for the Santa Ana Vision Zero Plan Update that involves evaluating citywide traffic safety. The Santa Ana Vision Zero Plan Update SHALL and will analyze traffic collisions, identify contributing factors/patterns, recommend improvements, develop concept plans/drawings, cost estimates, and prioritization for improvements. The City will enter into an agreement with the firm(s).

A. IMPLEMENTATION
I. City staff shall have the right to modify, reduce, or delete the services as needed by City.

II. The term of the contract shall be for an initial 1 year which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have been approved by the City Attorney, whichever occurs last.

III. City shall retain an option to renew on the same terms and conditions as set forth herein for up to one (1) additional one-year term, for a total maximum of 2 years.

B. SCOPE OF WORK
The Consultant shall update the existing Santa Ana Vision Zero Plan by incorporating five (5) new additional priority corridor/street segments (1-2 miles long), incorporate two new nonpriority corridor/street segments (1-2 miles long) into the framework, and provide additional community outreach. This expansion aims to enhance traffic safety measures, reduce trafficrelated fatalities and severe injuries, and promote a more pedestrian and cyclist-friendly urban environment in more areas of the City of Santa Ana.

EXHIBIT A

SCOPE OF SERVICES
City Council 16 – 45 11/4/2025
The Consultant shall provide all necessary services to perform the following tasks:

C. PROJECT TASKS
Task 1: Project Management:
o The City shall be the lead agency for the Santa Ana Vision Zero Plan Update, and the designated City Project Manager will coordinate project management through the Traffic Engineering Section of the Public Works Agency.
o The Consultant shall be expected to interface both locally with City staff and with other affected agencies as necessary, as well as participating in discussions and presentations with the wider design team at periodic milestones as per consultant recommendations. In order to ensure a timely progression of the project from inception to final deliverable, the following activities should be anticipated once the Notice to Proceed (NTP) is authorized and as the Project progresses:
 Project Kick-off Meeting
 Weekly PDT Meetings
 6 Community Meetings (one community meeting at each City’s Ward)  Project Schedule Management
 Monthly Progress Reports
 Monthly Cost Accounting
 Quality Assurance / Quality Control
o Of particular importance is the monthly PDT Meetings. The consultant shall prepare, update, and provide City staff with a punch list prior to meetings. City staff will be participating and guide the development of the SAVZ Plan Update throughout the process.

Task 2: Data Collection:
o Data collection will include, but not be limited to; traffic counts, collision data for the past ten years, posted speed limits, 85% tile speed limits, lane configurations, street classification, lane widths, traffic citations, street lighting, trees, transit stops, transit boarding/alighting, street crossings, and adjacent land uses. Data collected from the existing Santa Ana Vision Zero Plan may be re-used, as needed.

Task 3: Community Outreach Surveys & Stakeholder Engagement:
o Engage with key stakeholders including City staff, transportation authorities, community groups, and residents.
o Conduct one community meeting/workshop for each City of Santa Ana’s Ward, a total of six (6) meetings.
o Gather input/feedback/recommendations on safety concerns, priorities for improvements, and community-specific needs related to the selected corridors.

Task 4: Analysis:

City Council 16 – 46 11/4/2025
o The analysis will consist of a thorough review and study of the data collected particularly the citywide collisions within the past ten-years (20,000+). Special focus will be placed on all pedestrian and bicycle involved collisions. The analysis will review collisions to identify correctable collision patterns. The review will include, but not be limited to; time of day, day of the week, night time, age of parties, year by year trends, primary collision factors, type of collisions, severity of injury, and fatalities. Review of actual collision reports for the past ten-years will be required. Analysis from the existing Santa Ana Vision Zero Plan may be re-used, as needed.

Task 5: Location Prioritization and Field Review:
o Conduct a safety evaluation and field reviews for five new corridors/street segments (1-2 miles long) that present the highest risk to vulnerable roadways users (bicyclists and pedestrians). A prioritization of risk factors shall be established as part of this Task and may include collision patterns, severity of injuries, and proximity to school, parks, or other pedestrian/bicycle generating uses. The field reviews shall be conducted while school is in session.
o Develop concept plans/drawings for five new corridors/street segments (1-2 miles long) and two new non-priority corridors/street segments (1-2 miles long) not on the priority list (City to provide priority list) using the “Toolbox of Potential Improvements” section. o To support these concept plans/drawings, one (1) 3D intersection/cross-section detailed rendering shall be developed for each new corridor to illustrate the improvements which will also be used as part of the community engagement process. A total of seven (7) 3D detailed renderings shall be developed (see EXHIBIT IV – Sample of 3D Intersection/Cross-Section Detailed Renderings and Concept Plans/Drawings).

Task 6: Assessment of Current Plan:
o Review the existing Santa Ana Vision Zero Plan, including goals, strategies, and current corridor selection.
o Identify strengths, weaknesses, and opportunities for improvement based on existing collision data analysis and community feedback.
o Update all maps, tables, exhibits, appendices, etc. related to the addition of the seven (7) new corridor/street segments and include new language, plans/recommendations, and any relevant information.
o Incorporate the five new corridors/street segments and the two new sample non-priority corridors/street segments into the Santa Ana Vision Zero Plan Update. o Provide explanation how non-priority corridors/street segments can be systematically improved as well.

Task 7: Develop Safety Strategies:
o Develop tailored safety strategies and interventions for each of the five selected corridors.
o Update existing Santa Ana Vision Zero exhibits and drawings/plans to incorporate the new corridors/street segments and align with current best practices in traffic safety. o Consider innovative approaches such as complete streets design, traffic calming measures, improved signage, enhanced crosswalks, and protected bike lanes. o Strategies may include but are not limited to:

City Council 16 – 47 11/4/2025
 Implementation of traffic calming measures (speed humps/cushions, new or mod. traffic signals, etc.).
 Enhanced crosswalks and pedestrian signals.
 Dedicated bike lanes or shared-use paths.
 Improved street lighting and signage.
 Implementation of landscaped concrete mediums.

Task 8: Implementation Plan:
o Create a detailed implementation plan outlining the timeline, responsibilities, and budget for each safety strategy.
o Coordinate with relevant City departments and agencies to ensure alignment with broader transportation and urban planning initiatives.

Task 9: Develop Cost Estimates:
o Cost estimates shall be prepared for each corridor/street segment. Based on the corridor/street segment Conceptual Engineering Plans/drawings developed, quantities will be generated, and unit pricing applied to prepare a conceptual level cost estimate using the ATP Cost Estimate format. Unit costs will be determined based on the following:
 Review of local City examples
 Review of other agencies
 Collaboration with City staff
o The cost estimates will be prepared for each of the seven (7) corridor/street segments.

Project cost estimates will be reviewed with City staff to verify estimated cost by project phase to position for successful implementation:

Task 10: Draft and Final Vision Zero Plan Update:
o Draft Vison Zero Plan Update
 The consultant shall update the Santa Ana Vision Zero Plan into a Draft Update to include the new corridor/street segments. As needed, the other maps, tables, exhibits, appendices, etc. related to the addition of the seven (7) new corridor/street segments, plans/recommendations, and any relevant information, will be updated. The community engagement section shall also be updated to include summaries of the six workshops in each City ward. This plan will be provided to the City for review for two rounds of revisions. o Final Vison Zero Plan Update
 Upon completion of the City’s review, comments will be addressed. The consultant shall develop a Final Vision Zero Plan Update to include all components mentioned above in the Scope of Work. This plan will be provided to the City for review for two rounds of revisions. Ten (10) hard copies (and one electronic) of the final plan will be printed and delivered.

City Council 16 – 48 11/4/2025
Deliverables:
 Update Santa Ana Vision Zero Plan document reflecting the incorporation of five additional corridors/street segments and two non-priority corridors/street segments.

Update shall include but not limited to: Update all maps, tables, exhibits, charts/graphs, appendices, etc. related to the addition of the five new corridors/street segments and the two new non-priority corridors/street segments and include new language, concept plans/drawings, recommendations, and any relevant information.  Detailed corridor/street segment assessments, including data analysis, cost estimates, community input summaries, and traffic safety strategy recommendations.
 Implementation plan with timelines, responsibilities, and budget estimates.

Timeline:
 Phase 1: Review and Assessment - 2 months
 Phase 2: Corridor Selection and Stakeholder Engagement - 4 months  Phase 3: Strategy Development and Plan Formulation - 3 months  Phase 4: Implementation Planning - 3 months
 Phase 5: Monitoring and Evaluation Framework - Ongoing Summary of Products: The required products, which are to be delivered to the Traffic Engineering section of the City of Santa Ana Public Works Agency, shall be as follows:

1. All data collection information for each corridor/street segment

2. The draft SAVZ Plan Update report. (electronic)

3. The final SAVZ Plan Update report. (10 hard copies, one electronic) All written reports, information, data, charts, tables, maps, cost estimates, CAD drawings files, etc. in electronic format acceptable to the City of Santa Ana.

Schedule: This project is a high priority project for the City of Santa Ana, Public Works Agency. As a result, the SAVZ Plan Update has a very aggressive schedule. 9-12 months from the date Notice to Proceed (NTP) is issued.

Approval and Review: This Scope of Work will undergo review and approval by the City Project Manager | Traffic Engineering Department to ensure alignment with broader City goals and objectives before implementation begins.

Note: Adjustments to the scope, timeline, and budget may be necessary based on further discussions and findings during the initial phases of the project.

City Council 16 – 49 11/4/2025

EXHIBIT B

CONSULTANT PROPOSAL
Scope of Work

City Council 16 – 50 11/4/2025
City Council 16 – 51 11/4/2025
City Council 16 – 52 11/4/2025
City Council 16 – 53 11/4/2025
City Council 16 – 54 11/4/2025
City Council 16 – 55 11/4/2025

EXHIBIT C

COMPENSATION
City Council 16 – 56 11/4/2025

CITY OF SANTA ANA
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.

PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.

Project Tasks Total Cost
Task 1: Project Management $10,232
Task 2: Data Collection $6,072
Task 3: Outreach, Surveys and Engagement $69,030
Task 4: Analysis $6,590
Task 5: Location Prioritization and Field Review $52,074 Task 6: Assessment of Current Plan $3,386
Task 7: Develop Safety Strategies $2,440
Task 8: Implementation Plan $2,204
Task 9: Cost Estimates $8,528
Task 10: Draft and Final Vision Zero Plan Update $20,276 Total Project Cost: $180,832

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS

BUSINESS ADDRES

PRINTED NAME OF AUTHORIZED AGENT TITLE

SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS

CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.)

EXHIBIT C
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
KTU & A 619-294-4477
3916 Normal Street, San Diego, CA 92103
Joe Punsalan Principal
10/1/2025 [email protected]
City Council 16 – 57 11/4/2025
City Council 16 – 58 11/4/2025
Public Works Agency
www.santa-ana.org/pw
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 4, 2025
TOPIC: Service Agreement for Litter, Debris, and Encampment Removal Services on Caltrans Right-of-Way

AGENDA TITLE
Agreement with Landscape West Management Services, Inc. to Perform Litter, Debris, and Encampment Removal Services Related to Encampment Delegated Maintenance Agreement with the California Department of Transportation (Project No. 26-6423) (Specification No. 25-116) (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Landscape West Management Services, Inc. to perform litter, debris, and encampment removal services within the California Department of Transportation right-of-way locations, for a total amount not-toexceed $400,000, for the term beginning November 4, 2025 and expiring June 30, 2027 (Agreement No. A-2025-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On August 19, 2025, City Council authorized the execution of the Encampment Delegated Maintenance Agreement (EDMA) (Project No. 26-6423) (Exhibit 1) with the California Department of Transportation (Caltrans). The EDMA allows the City to perform maintenance services, such as encampment removal, weed abatement, graffiti removal, and trash and debris removal on specified State ROW locations, and to be reimbursed up to $200,000 per year, for two years, not-to-exceed $400,000.

Request for Proposals (RFP) No. 25-116 was issued on August 20, 2025 on the City’s online bid management and publication system, Planetbids (Exhibit 2). A summary of vendor participation and results is as follows:
771 Vendors notified
2 Santa Ana vendors notified
51 Vendors downloaded the RFP packet
4 Responsive proposals received
0 Responsive proposals received from Santa Ana vendors
City Council 17 – 1 11/4/2025
Litter, Debris, and Encampment Removal Services on Caltrans Right-of-Way November 4, 2025

Proposals were opened on September 18, 2025 and evaluated. Four proposals were submitted by the RFP deadline and 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.

Local Outreach Efforts
The Purchasing Division advertised this project on the City’s online bid management and publication system, which directly notified two Santa Ana vendors. No Santa Ana vendors downloaded the RFP or submitted a bid for consideration.

Firm City Rank
Landscape West Management Services, Inc. Anaheim, CA 1
Parkwood Landscape Maintenance, Inc. Van Nuys, CA 2
United Storm Water, Inc. City of Industry, CA 3
South County Landscapes Inc. San Juan Capistrano, CA 4
Staff recommends awarding an agreement to the highest-ranked firm, Landscape West Management Services, Inc. (Exhibit 3). The proposal submitted by Landscape West Management Services, Inc. demonstrates they possess experienced and trained personnel to perform all duties required in the scope of work. Their cost proposal is the most competitive which provides the City with the best value and use of available budget.

Additionally, Landscape West Management Services, Inc. has made large investments in the City of Santa Ana by leasing several properties to perform median landscaping and QOLT services for the City. Having access to local resources and staging points within City limits ensures sites are cleaned rapidly and efficiently and allows deployment of staff within five days of executing the contract.

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

FISCAL IMPACT
Funds are budgeted and available for this item in the following account for Fiscal Year 2025-26. As indicated in the discussion, expenditures will be reimbursed by Caltrans per the Encampment Delegated Maintenance Agreement (Project No. 26-6423), therefore there will be no net impact to the City’s budget. Remaining project balances not expended by the end of the fiscal year will be presented to City Council for approval of carryovers to Fiscal Year 2026-27.

Fiscal
Year
Accounting
Unit- Account #
Fund
Description
Accounting Unit,
Account Description Amount
2025-26 05317021-62300
(26-6423) City Services
Public Works Agency
Services, Contract
Services Professional
$200,000
City Council 17 – 2 11/4/2025
Litter, Debris, and Encampment Removal Services on Caltrans Right-of-Way November 4, 2025

2026-27 05317021-62300
(26-6423) City Services
Public Works Agency
Services, Contract
Services Professional
$200,000
TOTAL $400,000

EXHIBIT(S)

1. Caltrans - Encampment Delegated Maintenance Agreement

2. Request for Proposals No. 25-116

3. Agreement with Landscape West Management Services, Inc.

Submitted By: Rodolfo Rosas, P.E., Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 17 – 3 11/4/2025
City Council 17 – 4 11/4/2025
City Council 17 – 5 11/4/2025
City Council 17 – 6 11/4/2025
City Council 17 – 7 11/4/2025
City Council 17 – 8 11/4/2025
City Council 17 – 9 11/4/2025
City Council 17 – 10 11/4/2025
City Council 17 – 11 11/4/2025
City Council 17 – 12 11/4/2025
City Council 17 – 13 11/4/2025
City Council 17 – 14 11/4/2025
City Council 17 – 15 11/4/2025
City Council 17 – 16 11/4/2025
City Council 17 – 17 11/4/2025
City Council 17 – 18 11/4/2025
City Council 17 – 19 11/4/2025
City Council 17 – 20 11/4/2025
City Council 17 – 21 11/4/2025
City Council 17 – 22 11/4/2025
City Council 17 – 23 11/4/2025
City Council 17 – 24 11/4/2025
City Council 17 – 25 11/4/2025
City Council 17 – 26 11/4/2025
City Council 17 – 27 11/4/2025
City Council 17 – 28 11/4/2025
City Council 17 – 29 11/4/2025
City Council 17 – 30 11/4/2025
City Council 17 – 31 11/4/2025
City Council 17 – 32 11/4/2025
City Council 17 – 33 11/4/2025
Caltrans EDMA 2025
Final Audit Report 2025-09-18
Created: 2025-09-15
By: Sarah Rodriguez ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAVdrcAMcehCZi66X1flwPgpB0vVmvntxy "Caltrans EDMA 2025" History
Document created by Sarah Rodriguez ([email protected]) 2025-09-15 - 8:28:23 PM GMT- IP address: 149.136.33.249 Document emailed to Bobi Hettick ([email protected]) for signature 2025-09-15 - 8:29:19 PM GMT
Email viewed by Bobi Hettick ([email protected])
2025-09-17 - 8:52:43 PM GMT- IP address: 149.136.33.249 Document e-signed by Bobi Hettick ([email protected])
Signature Date: 2025-09-18 - 2:22:49 PM GMT - Time Source: server- IP address: 149.136.33.250 Agreement completed.
2025-09-18 - 2:22:49 PM GMT
City Council 17 – 34 11/4/2025

CITY OF SANTA ANA
REQUEST FOR PROPOSAL (RFP) NO. 25-116
FOR

LITTER, DEBRIS AND ENCAMPEMENT REMOVAL

SERVICES
KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers.

Optional Pre-Proposal Meeting: Tuesday, September 2, 2025, 9:00 A.M.

Deadline for Questions: Tuesday, September 9, 2025, 4:00 P.M.

Proposal Due Date: Thursday, September 18, 2025, 4:00 P.M.

BID CONTACT:

Jacques Lam
[email protected]
EXHIBIT 2
City Council 17 – 35 11/4/2025

CITY OF SANTA ANA

TABLE OF CONTENTS
I. BACKGROUND........................................................................................................................... 3 II. OVERVIEW OF PROJECT.......................................................................................................... 3 III. OPTIONAL PRE-PROPOSAL MEETING .................................................................................... 3 IV. TERM OF AGREEMENT............................................................................................................. 3 V. MINIMUM QUALIFICATIONS...................................................................................................... 4 VI. GENERAL PROPOSAL INFORMATION ..................................................................................... 4 VII. PROPOSAL RESPONSE INSTRUCTIONS................................................................................. 6 VIII. CERTIFICATIONS (ATTACHMENTS)......................................................................................... 8 IX. REFERENCES............................................................................................................................ 9 X. MINIMUM SCOPE AND LIMIT OF INSURANCE......................................................................... 9 XI. SELECTION PROCEDURES & CRITERIA ................................................................................. 9 XII. WITHDRAWALS........................................................................................................................ 11 XIII. GENERAL TERMS AND CONDITIONS .................................................................................... 11 XIV.ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS........................ 16 XV. AWARD OF AGREEMENT........................................................................................................ 19 XVI. IMPLEMENTATION ................................................................................................................... 19 EXHIBITS:

Exhibits provided for Proposers’ reference only. These are not to be included with proposal submittal.

EXHIBIT I: SCOPE OF SERVICES
EXHIBIT II: SAMPLE AGREEMENT
EXHIBIT III: LOCATIONS
ATTACHMENTS (Required with Proposal submittals):

ATTACHMENT A: PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING ATTACHMENT B: REFERENCES
ATTACHMENT C: PROPOSER’S STATEMENT
ATTACHMENT D: NON-COLLUSION AFFIDAVIT
ATTACHMENT E: NON-LOBBYING CERTIFICATION
ATTACHMENT F: NON-DISCRIMINATION CERTIFICATION
ATTACHMENT G: SUBCONTRACTOR DESIGNATION FORM
ATTACHMENT H: CARB FLEET COMPLIANCE CERTIFICATION
City Council 17 – 36 11/4/2025

CITY OF SANTA ANA
I. BACKGROUND
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.org/
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide to maintain and perform litter, debris, encampment and weed abatement removal services on Caltrans right-of-way and City right-of-way adjacent to Caltrans properties (i.e. freeway over/under passes freeway on/off ramps and freeway embankments) designated by City Staff with the goal of keeping Caltrans public spaces free of litter, debris and weeds.

Work to be performed will include, but not be limited to, sections that are unimproved, run underneath streets, and lower than grade or sloped. Contractor shall provide all labor, equipment, transportation, materials and supplies necessary to perform work in accordance with the specifications and provisions herein.

This contract is subject to prevailing wage rate laws. All contractors submitting a proposal and subcontractors listed in their bids shall be registered prior to this proposal’s deadline and, if awarded a contract, maintain a valid registration with the Department of Industrial Relations (DIR) at: http://www.dir.ca.gov/Public-Works/PublicWorks.html.

See EXHIBIT 1 for complete Scope of Services.

The term “Vendor”, “Proposer”, “Firm”, “Consultants”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP).

III. OPTIONAL PRE-PROPOSAL MEETING
An optional pre-proposal meeting will be held on the date and time specified on the cover page of this RFP.

Meeting Link:
https://zoom.us/j/99787846660?pwd=psFlSHn4VMbJQCZyrLDBMdzS6o1txO.1 For virtual meetings sign in will be required with your name and company in the “Chat” box.

Please make sure you are available to do so if signing on to the meeting through your phone or in the field.

IV. TERM OF AGREEMENT
The anticipated term of the agreement is for approximately a one (1)-year and ten (10)-month term, subject to budget appropriation availability and City Council approval. The contract term will expire June 30, 2027.

Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period.

City Council
City of Santa Ana RFP 25-116
17 – 37 11/4/2025

CITY OF SANTA ANA
Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required.

V. MINIMUM QUALIFICATIONS
Proposers not meeting the minimum qualifications may be deemed non-responsive. 1) The Contractor shall, prior to award of contract and without additional expenses to the City, possess all licenses and permits required for the performance of the work required by this contract, including but not limited to a valid California Class C-27 – Landscaping Contractor’s License.

VI. GENERAL PROPOSAL INFORMATION
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted.

PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at:
https://vendors.planetbids.com/portal/20137/portal-home.

Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City’s assigned Buyer.

Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.

All notifications, updates and addenda will be posted online on PlanetBids at https://vendors.planetbids.com/portal/20137/portal-home. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.

B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Buyer(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.

City Council
City of Santa Ana RFP 25-116
17 – 38 11/4/2025

CITY OF SANTA ANA
The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Buyer(s).

C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.

Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.

D. EXCEPTIONS
Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions.

E. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://vendors.planetbids.com/portal/20137/portal-home. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.

F. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.

City Council
City of Santa Ana RFP 25-116
17 – 39 11/4/2025

CITY OF SANTA ANA
VII. PROPOSAL RESPONSE INSTRUCTIONS

PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.

1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City’s required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity.

Cover Letter shall not exceed one page.

Cover letter must be addressed to the following City Project Manager:

Arturo Rodriguez, Assistant Public Works Maintenance Manager City of Santa Ana – Public Works Agency
220 S. Daisy Avenue
Santa Ana, CA 92703
b. Services Provided
A description of proposed services to be provided and how they meet the needs of the City as described in Exhibit I – Scope of Services.
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:
i. A general description of the firm, including size and number of employees working directly with the City on this agreement.
ii. Firm’s nearest address serving the City of Santa Ana and headquarters address.
iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing relevant experience.

City Council
City of Santa Ana RFP 25-116
17 – 40 11/4/2025

CITY OF SANTA ANA
e. Proposed Work Plan
Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services.

Additionally, proposed work plan shall include Proposers’:
i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. f. References: Attachment B – References shall be submitted for similar projects performed for state and/or similar government clients.
g. CARB Fleet Compliance
The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Proposers must submit, with their Proposals, valid Certificates of Reported Compliance (“CRC”) for the Proposer’s fleet and for the fleet(s) of its listed subcontractors (including any applicable leased equipment or vehicles). Proposer must additionally complete and submit the Fleet Compliance Certification, included herein as ATTACHMENT H. Failure to provide a CRC for the Proposer, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Proposal non-responsive.

2. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal in the form of the table found in ATTACHMENT A. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages.

The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure.

Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.

Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City.

Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows:

City Council
City of Santa Ana RFP 25-116
17 – 41 11/4/2025

CITY OF SANTA ANA
Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.)
G. PROTEST PROCEDURES
Only respondents who have actually submitted a proposal may file a “protest” to an RFP with the City’s Purchasing Department. In order for a Proposer’s protest to be considered valid, the protest must:

1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP Results/Notice of Intent to Award on the City’s online bidding system;

2. Clearly identify the specific irregularity or accusation;

3. Clearly identify the specific City staff determination or recommendation being protested;

4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and

5. Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City’s Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The decision from the Purchasing Manager, or her/her designee, is final and no further appeals will be considered.

VIII. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
• Attachment A: Proposer’s Certification and Proposal Item Pricing • Attachment B: References
• Attachment C: Proposer’s Statement
• Attachment D: Non-Collusion Affidavit
• Attachment E: Non-Lobbying Certification
• Attachment F: Non-Discrimination Certification
• Attachment G: Subcontractor Designation Form
• Attachment H: CARB Fleet Compliance Certification
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.

PLEASE NOTE:
• All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer.

City Council
City of Santa Ana RFP 25-116
17 – 42 11/4/2025

CITY OF SANTA ANA
• City will not waive notarization requirement when applicable on any of the required attachments.

IX. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references.

City may disqualify a Proposer if:
• References fail to substantiate Proposer’s description of services and deliverables provided; or
• References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.

X. MINIMUM SCOPE AND LIMIT OF INSURANCE
See Exhibit II – Sample Agreement
XI. SELECTION PROCEDURES & CRITERIA
A. Evaluation: The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below.

B. Scoring Criteria: Proposers will be ranked by the review committee based on the following criteria:

CATEGORY POINTS
Background, Qualifications & Experience
o The technical qualifications and experience of the organization are adequately described as they relate to the Scope of Work (SOW).
o The proposal identifies specific projects completed within the past five (5) years that demonstrate competency of the tasks outlines in the SOW. o The ability to meet the needs and concerns of the City is adequately demonstrated. 25 Key Personnel / Proposed Staffing
• Proposer demonstrates experience providing type of service required or experience providing similar services
• Proposer demonstrates they have the necessary resources, knowledge, skills, experience, and any required licenses / certifications to provide the required services
20 City Council
City of Santa Ana RFP 25-116
17 – 43 11/4/2025

CITY OF SANTA ANA

C. Rankings: A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any Proposer(s) with a score above 70. The review committee will evaluate Proposers based on their response to the RFP and the City evaluation criteria set forth above.
• Proposal provides resumes of experienced personnel that are capable of and devoted to the successful accomplishment of work to be performed under this contract.
• Staff members have been identified who would be assigned to act in key management and technical positions providing services described in the SOW.
• Proposal includes a description of the role for each identified staff member, including name, position, education, years of experience, and relevant projects on which they have worked.

Technical Approach / Methodology
o The proposal provides a thorough description of how the firm plans to meet the requirements of the SOW, addressing specific challenges and opportunities, and explaining why their company is best suited to assist the County.
o An implementation plan is included outlining a description of efforts the firm will undertake to achieve client satisfaction and to meet project deadlines
25 Cost Proposal
The Cost Proposal will be evaluated as follows:

A. Lowest price receives the full score.

B. Other scores are proportional to the lowest price.
25 Organization/Completeness of Response
o Proposal demonstrates understanding of project and objectives as it relates to the scope of work.
o Proposal demonstrates requirements are addressed and adhered to. o Proposal is complete, comprehensive, and well-organized. 5 TOTAL POSSIBLE SCORE
(Before interviews – if held) 100
Interviews
• The City reserves the right to conduct interviews with the highest-rated firm(s). In the event the City does perform an interview process, the following is the maximum number of additive points that may be applied to the proposal score. Total possible score may exceed 100 points. 20 City Council
City of Santa Ana RFP 25-116
17 – 44
Page
11/4/2025
10 of 60

CITY OF SANTA ANA
D. Interviews: The review committee may invite the Proposers to interview. If invited to interview, Proposers must be prepared to include key personnel in the interview and/or presentation.

The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions.

E. Selection: The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non-responsive and may be rejected.

The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate.

XII. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.

Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible.

XIII. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.

B. CITY BUSINESS LICENSE
The selected Proposer must obtain a City of Santa Ana Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the City’s website: www.santa-ana.org
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.

City Council
City of Santa Ana RFP 25-116
17 – 45
Page
11/4/2025
11 of 60

CITY OF SANTA ANA
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.

Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.

No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract.

E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Precontractual expenses are not to be included in the cost proposal. Pre-contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract.

Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract.

F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld.

Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City.

City Council
City of Santa Ana RFP 25-116
17 – 46
Page
11/4/2025
12 of 60

CITY OF SANTA ANA
G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal.

H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City.

All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract.

All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.

I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts.

J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated.

Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers.

Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.

K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation
City Council
City of Santa Ana RFP 25-116
17 – 47
Page
11/4/2025
13 of 60

CITY OF SANTA ANA
L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City.

M. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City.

Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City.

N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture.

Should the use of sub-consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The Proposer is responsible for all the actions taken by their sub-contractor.

The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors.

O. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.

Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded City Council
City of Santa Ana RFP 25-116
17 – 48
Page
11/4/2025
14 of 60

CITY OF SANTA ANA
successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.

Q. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.

R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.

S. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City.

T. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.

Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel.

U. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.

V. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.

W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.

X. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any City Council
City of Santa Ana RFP 25-116
17 – 49
Page
11/4/2025
15 of 60

CITY OF SANTA ANA
information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.

Y. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work.

The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors.

XIV. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS A. PREVAILING WAGE
The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing Wage determination made by the Director of Industrial Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1).

Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor.

Prevailing Wage Compliance and Monitoring
Contractor is aware of the requirements of the California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirement on “public works” and “maintenance” projects. Since the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the job site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

City Council
City of Santa Ana RFP 25-116
17 – 50
Page
11/4/2025
16 of 60

CITY OF SANTA ANA
B. DIR REGISTRATION
This project is a public work and subject to the following: No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations.

C. CAL-OSHA VEHICLE REGULATION
All vehicles must meet California Motor Vehicle and Cal-OSHA regulations and all other applicable codes required for vehicle use on the roads or highways in the state of California.

D. CARB FLEET COMPLIANCE CERTIFICATION
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).

Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

E. QUALITY ASSURANCE
Contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and materials and techniques specified.

F. CONSTRUCTION WASTE MANAGEMENT
Contractor shall keep work areas clean and free from any debris, rubbish, hazardous waste and non-usable material resulting from the work under this Contract and shall be disposed of at the completion of each work day by the Contractor. Hazardous waste must be disposed of in accordance with the Resource Conservation and Recovery Act and all other applicable federal, state, and local laws and regulations.

G. CHEMICALS
City Council
City of Santa Ana RFP 25-116
17 – 51
Page
11/4/2025
17 of 60

CITY OF SANTA ANA
Handling and delivery of all materials must comply with all local, State, and Federal safety regulations and must maintain appropriate hazardous material transportation and handling certifications and licensing as applicable.

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

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

The following is required in addition to the requirements of the Standard Specification:
a. Contractor shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job. b. Contractor shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards.
c. Contractor, their employees and subcontractors shall follow all safety rules and safe work practices.
d. Contractor will immediately notify the City of any significant and/or unusual hazards found during the course of work.
e. Contractor shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work. f. Contractor is solely responsible for the legal disposal of hazardous waste generated in the performance of their work.

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

I. OTHER SAFETY REQUIREMENTS
Contractor shall take all reasonable precautions, as directed by the City, or in the absence of such direction, in accordance with sound industrial practices, to safeguard and protect City property and adjacent property. Damages to properties caused by Contractor’s negligence shall be repaired at no cost (both labor and material) to the City.

Contractor is responsible for advising and ensuring compliance by Contractor’s employees with all applicable environmental and hazardous materials handling laws and regulations.

City Council
City of Santa Ana RFP 25-116
17 – 52
Page
11/4/2025
18 of 60

CITY OF SANTA ANA
Contractor shall provide City a full report of damage to City property and/or equipment by Contractor’s employees. All damage reports shall be submitted to the Site Coordinator within twenty-four (24) hours of occurrence.

Contractor shall provide, erect, and maintain all warning devices (i.e., barricades, cones, etc.) as required or necessary to ensure the safety of the public, City, and Contractor’s employees.

J. SPILL LIABILITY
The City does not assume liability for spills or other releases of hazardous wastes which are caused by the negligence of the contractor once hazardous waste materials are in the possession of the contractor or transported off site.

K. RECORDKEEPING AND REPORTS
Contractor is required to provide upon request, detailed data and information required by the City. Information may include: generator EPA ID, contractor EPA ID, generator name, waste description, manifest number and line number, date waste shipped, disposal and recycling facilities utilized, final disposal method utilized, quantity shipped (pounds), waste profile number, and any additional information requested.

All records and reports shall be available in electronic (including Excel, Word, and PDF Format) and hard copy format at all times during the term of the contract.

XV. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.

A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved.

XVI. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful Proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling.

City Council
City of Santa Ana RFP 25-116
17 – 53
Page
11/4/2025
19 of 60

CITY OF SANTA ANA
Contractor/Consultant shall perform services as set forth below.

I. TYPES OF SERVICES

1. GENERAL
Services and work to be performed by awarded Contractor shall consist of, but not be limited to, the following areas adjacent to State Highways 55, 5 and 22 freeways in the City of Santa Ana:

1. Removal and disposal of debris/rubbish, including:
a) Trees, cut brush, dead trees, tree limbs, and similar materials, b) Furniture, mattresses, appliances, scrap metals, junk, automobile parts or machinery, tires, televisions and other electronic devices, c) Concrete, asphalt, bricks or other construction debris, d) Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter,

2. Hand sweeping (or blowing) of streets, sidewalks and similar areas.

3. The Contractor shall dispose of all trash and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City.

4. At no time is the Contractor permitted to use the City dumpsters. All rubbish and garbage shall be removed from the property and disposed at a City authorized disposal site. A list of disposal sites, including the name of facilities and addresses, to be used by Contractor shall be provided to City upon award of contract.

5. All sidewalks, parkways, and gutters in front of or adjacent to lots with abutting curbs and sidewalks shall be cleaned of all weeds, trash, rubbish, and noxious growth.

6. Erosion control wattles (devices made of straw or wood) installed around the perimeter of fenced properties, shall be removed to allow for proper cleaning along the interior and exterior of the fence line. Once cleaning is completed, Contractor shallreplace wattles along the interior perimeter of the lot or as directed to by Projects Manager.

7. Sufficient inspection will be provided but not such as will substitute for supervision of the work by the Contractor or his foreman.

8. At the completion of the work, the site shall be left in a clean condition by utilizing blower or push broom, unless it is an unpaved area, vacant lot, Creek or other similar site conditions.

9. Daily work must be documented using an electronic device (mobile phone, tablet or similar) and uploaded to City’s work order system (MySantaAna App or Similar)

EXHIBIT I

SCOPE OF SERVICES
City Council
City of Santa Ana RFP 25-116
17 – 54
Page
11/4/2025
20 of 60

CITY OF SANTA ANA

10. Daily work/routes and schedules will be assigned by City Staff.

11. Contractor shall furnish all labor, equipment tools, and materials and supplies including Personal Protective Equipment (PPE), such as face mask respirator (N- 95), gloves, coverall suits, trash bags and the skills and training required to perform all services listed above.

12. Contractor shall furnish all Signs used for handling traffic control during the course of this contracts and shall be in accordance with the “Work Area Traffic Control Handbook” (WATCH), published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers, and warning devices are used during the work shall be in accordance with the publication mentioned. A copy of said publication is on file in the Public Works Agency.

2. TRANSIENT AND HOMELESS ENCAMPMENT CLEAN-UP

1. Contractor shall remove abandoned transient/homeless encampments that may include, but not be limited to tents, soiled clothing, blankets, human feces, hypodermic needles, and items listed above.

2. Contractor shall remove unwanted natural or environmental materials including, but not limited to, bio-waste, dirt, nests, hypodermic needles, silt, feces, grime and similar.

3. Contractor may be assigned to work alongside Local Law Enforcement (Santa Ana Police Department and California Highway Patrol).

4. Contractor shall be required to report transient occupied Homeless Encampments on City and Caltrans properties to Project Manager.

3. AS-NEEDED WEED AND DEBRIS REMOVAL AND LOT CLEANING – CREW LABORER

1. Additional as-needed crew laborer services may be requested by the City and will be compensated at the regular hourly rate as per appropriate bid line item pricing.

2. City will issue a work order request for such work to be performed.

3. These services include, but are not limited to the services listed in Section I.

II. WORK ORDERS, ASSIGNMENTS, AND SCHEDULE
Work shall be assigned by the City Projects Manager (or Inspector or other City Designated Person) and shall be on an As-Needed or on a Set Schedule basis, subject to budget appropriation availability and changes by the Projects Manager. Work hours and staffing may be increased or decreased based on funding availability. The Projects Manager will work with the Contractor to prepare the most effective and productive schedules and work assignments.

Crew Unit Size(s) will vary based on task and assignment and as determined between Projects Manager and Contractor. Work assignments may vary and may consist of performing weed City Council
City of Santa Ana RFP 25-116
17 – 55
Page
11/4/2025
21 of 60

CITY OF SANTA ANA
abatement or debris/rubbish clean-up or transient and homeless encampment removal or a combination of daily.

III. CREW SIZE
Contractor shall provide the necessary staff/workers to perform work as specified in this Bid.

Contractor must have the ability to provide the necessary workers based on the amount AS-NEEDED and SET SCHEDULED assignments. At a minimum, Contractor shall perform the assigned tasks with the following:

1. Three (3) Laborers

1. Laborer: Performs the necessary tasks to complete the required services. a) At minimum, one laborer must be English-speaking who is fully trained and knowledgeable in all aspects of these requirements. b) Equipped with a working, fully charged, capable of taking and sending photos and emails, cellular phone, to enable immediate contact with the City Projects Manager.
c) Ability to effectively communicate in verbal and written form in order to solve daily problems.

2. Perform the work assigned by City staff on an AS-NEEDED and SET SCHEDULED basis.

3. Provide the necessary labor, materials and equipment to remove litter and debris from all under/over passes, on/off ramps, sidewalk areas, planters, and embankments.

4. Contractor shall provide an Administrative Customer Service Representative knowledgeable of the Contract requirements, to efficiently answer all City questions/inquiries. The Customer Service Representatives shall be available during Regular Business Hours to assist City with administrative matters and if necessary, placement of work orders , follow-ups, and any other areas requiring assistance. Contractor must provide a Customer Service point of contact for after-hours and urgent requests.

IV. GENERAL

1. Furnish all labor, equipment, materials and supplies (including trash bags and any other supplies necessary), tools, services and special skills required to perform all services listed above on Caltrans over/under passes, on/off ramps, City streets, and various locations and other related services as set forth in the Scope of Services and in keeping with the highest standards of quality and performance.

2. Cooperate fully with all authorities regarding any investigations of the preceding activities. Submit a completed report to Projects Manager by the next business day following work completed under this contract.

3. Delivering and Staging of Equipment and Materials
City Council
City of Santa Ana RFP 25-116
17 – 56
Page
11/4/2025
22 of 60

CITY OF SANTA ANA

1. Materials, supplies, and equipment needed for this project must be stored at Contractor’s premises and at Contractor’s expense, unless otherwise agreed upon by the Projects Manager.

2. Remove all materials, tools and equipment from City facilities and or Caltrans property immediately after completion of work.

4. Do not blow or sweep any debris from the landscaped areas and/or hard surfaces into the parking lots, onto private property, storm drains or public streets.

5. Notify the City Projects Manager immediately regarding scheduled work that may be delayed or missed, provide reasons why the work schedule cannot be maintained (beyond the Contractor’s control), and submit a revised work schedule for review and consideration.

V. CONTRACT PERFORMANCE REQUIREMENTS

1. Contractor shall document all location/stops each day with smartphone app provided by City. No less than 4 sites per 8-hourwork day. Any deviations from this requirement must be brought up to the City Projects Manager and agreed upon by City prior to any work commencing.

2. Quality Assurance
Contractor shall provide laborers and supervisors who are thoroughly familiar with the type of work, materials, and techniques specified. Contractor shall perform all work according to all current applicable codes, industry-standards, and to the highest quality commensurate with required work

1. Ensure that all work is done only by experienced and professional personnel arriving at the project site(s) as scheduled and all work is performed in a skillful and workmanlike manner.

2. All services shall be subject to the inspection and approval of City either by Projects Manager or designee prior to acceptance and approval for payment.

3. Compliance with Laws:

1. It shall be the Contractor’s responsibility to attain the appropriate Contractor License Requirement if applicable.

2. Contractor shall perform all work performed in connection to this project in full compliance with all applicable standards, laws, statutes, restrictions, ordinances, requirements, rules and regulations of municipal, state, county and federal agencies applicable to the services provided.

VI. REMOVAL AND DISPOSAL OF DEBRIS

1. Contractor shall remove and dispose of all litter, and debris generated during the performance of this contract from the work areas the same day it is generated.

2. Disposal locations will be privately owned or debris transfer stations.

City Council
City of Santa Ana RFP 25-116
17 – 57
Page
11/4/2025
23 of 60

CITY OF SANTA ANA
Note: ONLY when authorized by the City, the use of the City Municipal Corporate Yard location will be allowed for the disposal of litter and debris generated under this agreement and will be at no charge to the City.

3. Amount of debris/rubbish must be documented and required as part of each work order in order to include the total amount of debris/rubbish collected on monthly invoicing.”

4. All debris, excess material, and parts, including those materials that could inflict injury (e.g., nails, wire, wood, etc.), shall be cleaned up continuously as work progresses and removed at the completion of the job and/or at the end of each work day.

VII. EQUIPMENT
Contractor shall furnish all labor, equipment, materials (including trash bags), tools, services, and special skills required to perform debris/rubbish and weed abatement removal services and other related services as set forth in these specifications and in keeping with the highest standards of quality and performance. Contractor shall ensure that all equipment, materials, supplies, and consumables meet or exceed all applicable manufacturer’s published specifications and industry standards corresponding to required work as specified herein.

The Contractor shall perform all work necessary to complete the provisions of this contract in a satisfactory manner. The Contractor shall furnish all equipment, tools, materials, supplies, supervision and labor necessary to complete the work. It is mandatory that the equipment and tools identified below be readily available.

1. Stake bed – Minimum ten (10) cubic yard stake beds or dump truck with ability to be loaded by loader and back hoe.
**Required daily: contractor will be responsible to provide appropriate number of stake bed trucks based on crew size, location and job assignment.

2. Lawnmowers – available if needed

3. Weed eaters

4. Blowers

5. Hedge trimmers

6. Chain saws

7. Edgers

8. Shovels

9. Scoop shovels

10. Rakes

11. Loppers

12. Tree pole saws – available if needed

13. Hedge shears

14. Long handled hoes

15. Pitch forks

16. Traffic cones or delineators

17. Wheelbarrows

18. Push brooms

19. PressureWasher - available if needed
City Council
City of Santa Ana RFP 25-116
17 – 58
Page
11/4/2025
24 of 60

CITY OF SANTA ANA
VIII. MAINTENANCE FUNCTION CHECKLIST AND REPORTS

1. Weekly Report:

1. Due Monday of every week, including a Daily Attendance Sign-In Sheet with signatures of each laborer with the hours worked and start and end times and specifies the work performed; date performed; and labor, materials and supplies used, and amount of trash and debris collected (measurement method to be agreed upon).

2. Contents: Ensure that the report contains all the required and approved content, which may include, but not limited to:
a) Description of work completed
b) Materials and Equipment used, such as Loader or Back Hoe

3. Ensure that all reports are submitted prior to submission of the monthly invoice, otherwise payment will be withheld, unless a change is agreed upon by the City.

4. Monthly payment will not be made until reports are received by City.

2. Production Reports

1. Shall be emailed to City each month by the seventh day.

2. These reports will include the amount of trash and debris removed and disposed and disposal sites utilized.

3. Documentation – As Requested by the City

1. Digital Photo Sampler Report
a) Take before-and-after photos of items, areas, or incidents that Contractor responds to as specified by City.
b) Maintain these photos electronically and make them available for inspection by City at any time.
c) Identify photos by location, description, etc. before or after, date and time of photo taken with timestamp.

IX. CONTRACTOR EMPLOYEES AND UNIFORMS

1. Contractor Laborer Employees
City Council
City of Santa Ana RFP 25-116
17 – 59
Page
11/4/2025
25 of 60

CITY OF SANTA ANA

1. Ensure that all Contractor employees performing work in conjunction with this service are always courteous, professional, competent, and do not cause any undue disturbances.

2. Contractor staff shall be responsive only to the requests of the Projects Manager or designee. Contractor staff shall direct all inquiries to Projects Manager or designee.

3. Remove any employee who is determined by City to be incompetent, working inefficiently, disorderly, intemperate, or otherwise objectionable immediately removed from work under this agreement and replace with a satisfactory replacement.

4. Contractor staff and representative shall maintain the highest level of professional standards in uniforms, politeness, and interaction with the public and City personnel. Contractor staff must present a neat, well-groomed appearance at all times.

5. Perform the work while minimizing disturbance to the citizens, residences, and businesses.

6. Workers must have basic knowledge, experience, skills, and abilities in general labor, custodial maintenance, landscaping maintenance, cleaning, trash handling, landscape care, and street safety procedures to perform the scope of work requirements in accordance with the bid specifications at all times. Workers who do not demonstrate these capabilities shall be replaced at the request of the City.

2. Uniform and Safety Vests
a. Contractor shall provide and maintain uniforms for all Contractor employees under this contract at Contractor expense.
b. Uniforms must bear Contractor’s company name or other acceptable designation type approved by the Projects Manager.
c. Uniforms must be maintained in a clean and neat order with no rips, tears, or permanent stains present and worn as a complete unit and be fitted properly
d. Must wear appropriate safety vest or safety color shirt at all times while working for the City.

X. RECORDS AND INVOICING
Before removing litter, debris/rubbish and/or garbage, the Contractor will photograph the property as is necessary to show all, debris/rubbish and/or garbage to be removed or to be abated. The Manager may also take photographs prior to work commencing.

The Projects Manager will keep an accurate record of all properties cleaned by the Contractor and if any controversy shall arise as to locations cleaned by the Contractor, the decision of the Projects Manager will be final.

City Council
City of Santa Ana RFP 25-116
17 – 60
Page
11/4/2025
26 of 60

CITY OF SANTA ANA
Contractor shall prepare a monthly written invoice for amount of hour’s worked, a listing of each location cleaned by Work Order Number and total amount debris/rubbish disposed of by tonnage. Invoices are to be submitted on the first day of each month, or as deemed necessary by the Projects Manager.

Contractor shall email all invoices to: [email protected] XI. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Contractor shall be responsible for the protection of public and private property adjacent to the work and shall repair or replace all existing improvements, which are damaged or removed as a result of his operations if said existing improvements are not designated for removal.

XII. WORK HOURS
Contractor’s regularly assigned activities shall be performed from 7:00 a.m. to 3:30 p.m., Monday through Friday. The schedule shall be provided by the Projects Manager.

Deviation from these hours/days shall not be permitted without the prior consent or direction of the Projects Manager except for emergencies involving immediate hazard to persons or property and per the Santa Ana Municipal Code.

Occasionally, Contractor will be assigned work that will deviate from the established work hours and will require Contractor to be available and work alternative hours during early morning hours, late night, overnight, and weekends. Projects Manager will work with Contractor to provide as much lead time as possible.

XIII. EMERGENCY INFORMATION
The names, addresses and telephone numbers of Contractor and subcontractors, or their representatives, shall be filed with the City prior to beginning work.

XIV. RESPONSE TIMES

1. Routine

1. Routine: 48-hour response or sooner to site from time of contact for anything that needs attention prior to the next maintenance cycle, but has no immediate cost or threat of loss.

2. Contractor shall respond to City Staff within one (1) hour of notification during normal work hours.

XV. WORK BY CITY FORCES DUE TO CONTRACTOR

NONCONFORMANCE
Should the Contractor fail to correct deficiencies of public nuisances that have been created because of his operations, then these will be considered to be of an emergency nature and City Council
City of Santa Ana RFP 25-116
17 – 61
Page
11/4/2025
27 of 60

CITY OF SANTA ANA
cause for the City to move in on the work site to make corrective work. Such work will be done on a force account basis with an additional callout charge of $75 for each callout. It should also be noted that there is a minimum two-hour charge for labor on any callout.

XVI. SAFETY REQUIREMENTS
All work performed under this contract shall be performed in a manner as to provide maximum safety to the public and staff where applicable, comply with all safety standards related to personal protective equipment (PPE) required by CAL-OSHA or other applicable Local, State and Federal safety regulatory agencies.

XVII. ENVIRONMENTAL CONDITIONS

1. Comply with all applicable local, state, federal regulations and requirements.

2. Transport, store, apply, dispose of all bio-waste and hazardous materials as required by law.

3. Supply, if necessary, a trash container, for non-hazardous materials only.

4. Remove from the work site and properly dispose of all spent materials, hazardous materials, debris, and the like on a daily basis. Do NOT accumulate waste materials unless the Projects Manager otherwise allows.

5. Minimize contamination from materials, wastes, spills, or residues at the jobsite to street, drainage facilities, or adjoining property by wind or runoff.

XVIII. TRAFFIC CONTROL
All traffic control (if required) shall conform to the requirements of the latest edition of the “Work Area Traffic Control Handbook” (WATCH, City Standard Plan 1125F (SP1125F), the Manual on Uniform Traffic Control Devices (MUTCD), the current MUTCD California Supplement and these Special Provisions.

1. The Contractor shall maintain at least one open traffic lane in each direction at all time on all streets. Flagmen shall be required when directed by the City.

2. During non-working hours, all lanes shall be opened to traffic.

3. Flashing arrow boards shall be required on arterial streets. Deviation from this requirement will be subject to approval from the Traffic Engineer.

4. Traffic control plans must be submitted and approved before starting work on any public street, except for the following temporary closures:
a. Temporary single lane closure on 4 or 6-lane arterials may be done per WATCH without submitting a traffic control plan. However, this will require approval from the Traffic Engineer.
b. Temporary closure of local streets may be done per WATCH without submitting traffic control plans. However, this will require approval from the Traffic Engineer.

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

City Council
City of Santa Ana RFP 25-116
17 – 62
Page
11/4/2025
28 of 60

CITY OF SANTA ANA
The Contractor shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. The Consultant/Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site.

The following is required in addition to the requirements of the Standard Specification:
a. The Contractor shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job. b. The Contractor shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards.
c. The Contractor, their employees and subcontractors shall follow all safety rules and safe work practices.
d. The Contractor will immediately notify the City of any significant and/or unusual hazards found during the course of work.
e. The Contractor is solely responsible for the legal disposal of hazardous waste generated in performance of their work.

Safety Indemnification: To the extent allowed by law, the Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Contractor, its subcontractors or City, attributable to any alleged act or omission of the Contractor or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi-employer work sites. The City may deduct from any payment otherwise due the Contractor any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work
XX. COMMUNICATIONS
Contractor shall provide his crew with a cellular phone to allow direct communication with City staff at Contractor’s expense. The City shall require contract staff to utilize a technological device, such as a smartphone, tablet, laptop or similar device at Contractor expense, to assist with the City’s Asset Management and Work Order System. Such device will be utilized to perform basic data input and respond to work orders from the City.

Operation of the software system shall include, but is not limited to, monitoring and responding to real-time work order service requests and taking before and after photos of work performed.

City Council
City of Santa Ana RFP 25-116
17 – 63
Page
11/4/2025
29 of 60

CITY OF SANTA ANA
XXI. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.

XXII. AUDIT REQUIREMENTS
City reserves the right to periodically inspect and audit Contractor’s accounting procedures and supporting documentation in conjunction with the performance of the Scope of Services.

1. City will notify Contractor in writing of any such requested audit.

2. City will inspect and audit in a reasonable manner.

3. Contractor must fully cooperate with any such audit(s).

4. City will notify Contractor in writing of any exception taken as a result of an audit.

5. If an audit, in accordance with this article, discloses overcharges (of any nature) by Contractor to City of the value of that portion of the Agreement that was audited, the actual cost of City’s audit shall be reimbursed to City by Contractor.

XXIII. CONTRACT TERMINATION
The City reserves the right to terminate contract, without penalty, for cause immediately or without cause after 30-days written notice thereof is delivered to the Contractor either personally or by mail addressed as shown on the bid proposal.

If the Contractor fails to meet the specifications of this contract for a period of 15 cumulative days, the City may at its option terminate the balance of this contract by written notice of termination to the Contractor. Notice of such termination shall take effect 15 days after such notice is mailed.

XXIV. WORK DELAYS AND LIQUIDATED DAMAGES

1. Agree to liquidated damages as specified in the table when delays, etc. are within the control of, or could have been anticipated by, Contractor.

2. Note that exceptions may be made by the Projects Manager when unforeseeable circumstances arise and are clearly beyond the control of or could not have been anticipated by Contractor that may cause delays or no work to be performed or completed. The Projects Manager may grant an extension in time equivalent to the exact number of working days that were caused by the unforeseen circumstance.

3. To ensure that Contractor performs all of the required work and by the time required per bid specifications, City will assess liquidated damages (Liquidated Damages Table) for work performance deficiencies.

4. City will notify Contractor in writing and/or email each time service requirements are unsatisfactory and corrective action is necessary. Should Contractor fail to correct City Council
City of Santa Ana RFP 25-116
17 – 64
Page
11/4/2025
30 of 60

CITY OF SANTA ANA
any deficiencies within three business days, the City may exercise the following measures:

1. Deduct from Contract’s payment amount the required to correct deficiency or the Liquidated Damage amount.

2. Utilize City forces or alternate means to correct deficiency and deduct from Contractor’s invoice cost including City overhead.

5. City has the sole right to waive any liquidated damages without regards to any and all precedents wherein City may have waived past violations.

6. After second recurring violation contractor must meet with the Projects Manager to discuss deficiency issues and a subsequent correction notice will be issued.

TABLE: LIQUIDATED DAMAGES
# VIOLATION AMOUNT

1. Failure to perform required/scheduled work by being late, not attending to scheduled work or inability to provide requested number of workers or equipment as scheduled or requested.
$100.00 per Occurrence

2. Failure to meet,
requirements.
respond or answer to Emergency response $100.00 per Occurrence

3. Failure to meet, respond or answer to Routine response requirements. $100.00 per Occurrence

4. Failure to meet Contract Performance Requirements of not removing significant amount of weeds and debris generated by crews, from work site same day per requirements, unless authorized by Projects Manager.
$200.00 per Occurrence

5. Blowing or sweeping debris onto non-work area, private property, public streets, parking lots or into storm drains and not removing. $200.00 per Occurrence

6. Failure of Contract lead worker or Supervisor (or designated person) to return phone calls to City within time frame.
$100.00 per Occurrence

7. Failure to provide reports, schedules and other deliverables without notice and agreement by Projects Manager.
$100.00 per Occurrence

8. Safety violation and/or failure by Contractor to comply with the most current Work Area Traffic Control Handbook (W.A.T.C.H.) $100.00 per Occurrence
XXV. REQUIRED CONTRACTOR IDENTIFICATION SIGNAGE
City of Santa Ana Public Works Agency authorized contractors will be required to have identification signage on all vehicles at all times while working in an official capacity for the City. Such signage shall be of a professional manner and maintained neat in appearance, free of graffiti, easily identifiable and in sound condition. All costs associated with the fabrication of such signage shall be borne by the contractor. Contact City Staff prior to ordering.

Signage Type and Material Shall Be:

City Council
City of Santa Ana RFP 25-116
17 – 65
Page
11/4/2025
31 of 60

CITY OF SANTA ANA
Plastic with Magnetic Backing. Painted on Vehicle or similar (Taped Signs Not allowed). Such Signage Shall State:

Authorized Contractor
City of Santa Ana Public
Works Agency
and
Name of Contractor and Contractor Telephone
Number Signage Letter Minimum Size or as allowed
by City Staff:
2-inches for: Authorized Contractor
City of Santa Ana Public
Works Agency
1-inch for all other information
City Council
City of Santa Ana RFP 25-116
17 – 66
Page
11/4/2025
32 of 60

CITY OF SANTA ANA

CONSULTANT AGREEMENT

CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 20__ by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of:

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

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

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

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

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above for a one (1)-year and 10-month term, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

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

EXHIBIT II

SAMPLE AGREEMENT
City Council
City of Santa Ana RFP 25-116
17 – 67
Page
11/4/2025
33 of 60

CITY OF SANTA ANA
security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

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

Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

6. INSURANCE
Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages:

MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as :

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

2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000.

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, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees.

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

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

1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to 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. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City.

3. All required insurance policies: 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.

City Council
City of Santa Ana RFP 25-116
17 – 68
Page
11/4/2025
34 of 60

CITY OF SANTA ANA

4. All required insurance policies: 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. Each insurance policy 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.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention:
(Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of event should 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. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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 to Entity before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.

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

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

7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or City Council
City of Santa Ana RFP 25-116
17 – 69
Page
11/4/2025
35 of 60

CITY OF SANTA ANA
alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

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

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

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

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

12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and 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.

City Council
City of Santa Ana RFP 25-116
17 – 70
Page
11/4/2025
36 of 60

CITY OF SANTA ANA

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City.

Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

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

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

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

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

18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws 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.

City Council
City of Santa Ana RFP 25-116
17 – 71
Page
11/4/2025
37 of 60

CITY OF SANTA ANA

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

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Executive Director, ------- Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
Fax:

To Contractor:

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

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

First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:

City Council
City of Santa Ana RFP 25-116
17 – 72
Page
11/4/2025
38 of 60

CITY OF SANTA ANA
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:

Assistant City Attorney
Tax ID#
RECOMMENDED FOR APPROVAL:

Executive Director
[INSERT] Agency

SAMPLE ONLY

(name)
(title)
City Council
City of Santa Ana RFP 25-116
17 – 73
Page
11/4/2025
39 of 60

CITY OF SANTA ANA

EXHIBIT III

LOCATIONS
City Council
City of Santa Ana RFP 25-116
17 – 74
Page
11/4/2025
40 of 60

CITY OF SANTA ANA
City Council
City of Santa Ana RFP 25-116
17 – 75
Page
11/4/2025
41 of 60

CITY OF SANTA ANA
City Council
City of Santa Ana RFP 25-116
17 – 76
Page
11/4/2025
42 of 60

CITY OF SANTA ANA
City Council
City of Santa Ana RFP 25-116
17 – 77
Page
11/4/2025
43 of 60

CITY OF SANTA ANA
City Council
City of Santa Ana RFP 25-116
17 – 78
Page
11/4/2025
44 of 60

CITY OF SANTA ANA
City Council
City of Santa Ana RFP 25-116
17 – 79
Page
11/4/2025
45 of 60

CITY OF SANTA ANA
City Council
City of Santa Ana RFP 25-116
17 – 80
Page
11/4/2025
46 of 60

CITY OF SANTA ANA
City Council
City of Santa Ana RFP 25-116
17 – 81
Page
11/4/2025
47 of 60

CITY OF SANTA ANA
City Council
City of Santa Ana RFP 25-116
17 – 82
Page
11/4/2025
48 of 60

CITY OF SANTA ANA
City Council
City of Santa Ana RFP 25-116
17 – 83
Page
11/4/2025
49 of 60

CITY OF SANTA ANA
City Council
City of Santa Ana RFP 25-116
17 – 84
Page
11/4/2025
50 of 60

CITY OF SANTA ANA

LITTER, DEBRIS AND ENCAMPMENT REMOVAL SERVICES
ITEM
#

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE

1. Maintenance Crew–Laborer 1 Hour $
TOTAL BASE AMOUNT (ITEM 1)
NOTE : AWARD WILL BE BASED ON THE TOTAL BASE AMOUNT
$
ADDITIONAL AS-NEEDED: DEBRIS AND DISPOSAL SERVICES

2. Debris and Disposal Charges N/A PER TON $
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.

PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.
__________________________________________________________________________________

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________

BUSINESS ADDRESS
__________________________________________________________________________________

PRINTED NAME OF AUTHORIZED AGENT TITLE

ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
City Council
City of Santa Ana RFP 25-116
17 – 85
Page
11/4/2025
51 of 60

CITY OF SANTA ANA
__________________________________________________________________________________

SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________

FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)
__________________________________________________________________________________

CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

City Council
City of Santa Ana RFP 25-116
17 – 86
Page
11/4/2025
52 of 60

CITY OF SANTA ANA
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
__________________________________________________________________________________

REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
__________________________________________________________________________________

REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT B

REFERENCES
City Council
City of Santa Ana RFP 25-116
17 – 87
Page
11/4/2025
53 of 60

CITY OF SANTA ANA
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between Proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to Proposer or deposited with the United States Postal Service properly addressed to the Proposer with the correct postage affixed thereto.

Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or Proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or Proposer’s bond substituted in lieu thereof shall be returned to the undersigned.

Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.

All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP.

Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT C
PROPOSER’S STATEMENT
City Council
City of Santa Ana RFP 25-116
17 – 88
Page
11/4/2025
54 of 60

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

Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.

Signed____________________________________________________________________________ State of ________, County of __________________________________________________________ Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
________________________
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT D

NON-COLLUSION AFFIDAVIT
City Council
City of Santa Ana RFP 25-116
17 – 89
Page
11/4/2025
55 of 60

CITY OF SANTA ANA
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT E

NON-LOBBYING CERTIFICATION
City Council
City of Santa Ana RFP 25-116
17 – 90
Page
11/4/2025
56 of 60

CITY OF SANTA ANA
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

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

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

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

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

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

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

7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract

ATTACHMENT F

NON-DISCRIMINATION CERTIFICATION
City Council
City of Santa Ana RFP 25-116
17 – 91
Page
11/4/2025
57 of 60

CITY OF SANTA ANA
or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.

8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

City Council
City of Santa Ana RFP 25-116
17 – 92
Page
11/4/2025
58 of 60

CITY OF SANTA ANA
Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder’s total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law.

If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder’s total bid, including alternates.

In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document.

Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed.

Subcontractor Name: Location:

Portion of Work/Trade: Bid Amount
Contractor’s License Number DIR Registration No.

Subcontractor Name: Location:

Portion of Work/Trade: Bid Amount:

Contractor’s License No: DIR Registration No:

Contractor will not be subcontracting any portion of work.

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT G

SUBCONTRACTOR DESIGNATION FORM
City Council
City of Santa Ana RFP 25-116
17 – 93
Page
11/4/2025
59 of 60

CITY OF SANTA ANA
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third-party correspondence or vendor bids).

The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
_________________________________________________________________ Bidder’s Company Name (please print or type)
__________________________________________________________________ Signature of Bidder
__________________________________________________________________ Print Name
__________________________________________________________________ Title
___________________________________

DOORS ID
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT H

CARB FLEET COMPLIANCE CERTIFICATION
City Council
City of Santa Ana RFP 25-116
17 – 94
Page
11/4/2025
60 of 60

AGREEMENT WITH LANDSCAPE WEST MANAGEMENT SERVICES, INC.

FOR LITTER, DEBRIS, AND ENCAMPMENT REMOVAL SERVICES
THIS AGREEMENT is made and entered into on this 4th day of November, 2025 by and between Landscape West Management Services, Inc., a California corporation, (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The City issued a Request for Proposal No. 25-116 (“RFP”), by which the City sought a contractor having skill and knowledge in the field of litter, debris, and encampment removal services related to the encampment delegated maintenance agreement with the California Department of Transportation (Agreement #A-2025-141). The RFP is referenced herein as if incorporated in full.

B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide such services to the City as described in the scope of work that was included in the RFP.

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

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

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

2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $400,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and 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 City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to City Council 17 – 95 11/4/2025

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 the date first written above through June 30, 2027, unless terminated earlier in accordance with Section 16, below.

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

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

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

Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in City Council 17 – 96 11/4/2025

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
Insurance requirements are attached hereto as Exhibit C.

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

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

10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by 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 City Council 17 – 97 11/4/2025

pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.

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

12. CONFLICT OF INTEREST CLAUSE
a. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.

The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description City Council 17 – 98 11/4/2025

of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.

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

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

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

16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of City Council 17 – 99 11/4/2025

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

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

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

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

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

To City:

City Clerk
City of Santa Ana
City Council 17 – 100 11/4/2025

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-23)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:

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

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

Attn: Michael Garibay, President
1234 N. Blue Gum St.

Anaheim, CA 92806
City Council 17 – 101 11/4/2025
City Council 17 – 102 11/4/2025

EXHIBIT A

SCOPE OF SERVICES
City Council 17 – 103 11/4/2025

CITY OF SANTA ANA
Contractor/Consultant shall perform services as set forth below.

I. TYPES OF SERVICES

1. GENERAL
Services and work to be performed by awarded Contractor shall consist of, but not be limited to, the following areas adjacent to State Highways 55, 5 and 22 freeways in the City of Santa Ana:

1. Removal and disposal of debris/rubbish, including:
a) Trees, cut brush, dead trees, tree limbs, and similar materials, b) Furniture, mattresses, appliances, scrap metals, junk, automobile parts or machinery, tires, televisions and other electronic devices, c) Concrete, asphalt, bricks or other construction debris, d) Garbage, litter, cardboard, metal cans, glass, feces, fruit/vegetable matter,

2. Hand sweeping (or blowing) of streets, sidewalks and similar areas.

3. The Contractor shall dispose of all trash and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City.

4. At no time is the Contractor permitted to use the City dumpsters. All rubbish and garbage shall be removed from the property and disposed at a City authorized disposal site. A list of disposal sites, including the name of facilities and addresses, to be used by Contractor shall be provided to City upon award of contract.

5. All sidewalks, parkways, and gutters in front of or adjacent to lots with abutting curbs and sidewalks shall be cleaned of all weeds, trash, rubbish, and noxious growth.

6. Erosion control wattles (devices made of straw or wood) installed around the perimeter of fenced properties, shall be removed to allow for proper cleaning along the interior and exterior of the fence line. Once cleaning is completed, Contractor shallreplace wattles along the interior perimeter of the lot or as directed to by Projects Manager.

7. Sufficient inspection will be provided but not such as will substitute for supervision of the work by the Contractor or his foreman.

8. At the completion of the work, the site shall be left in a clean condition by utilizing blower or push broom, unless it is an unpaved area, vacant lot, Creek or other similar site conditions.

9. Daily work must be documented using an electronic device (mobile phone, tablet or similar) and uploaded to City’s work order system (MySantaAna App or Similar)

EXHIBIT I

SCOPE OF SERVICES
City Council
City of Santa Ana RFP 25-116
17 – 104
Page
11/4/2025
20 of 60

CITY OF SANTA ANA

10. Daily work/routes and schedules will be assigned by City Staff.

11. Contractor shall furnish all labor, equipment tools, and materials and supplies including Personal Protective Equipment (PPE), such as face mask respirator (N- 95), gloves, coverall suits, trash bags and the skills and training required to perform all services listed above.

12. Contractor shall furnish all Signs used for handling traffic control during the course of this contracts and shall be in accordance with the “Work Area Traffic Control Handbook” (WATCH), published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers, and warning devices are used during the work shall be in accordance with the publication mentioned. A copy of said publication is on file in the Public Works Agency.

2. TRANSIENT AND HOMELESS ENCAMPMENT CLEAN-UP

1. Contractor shall remove abandoned transient/homeless encampments that may include, but not be limited to tents, soiled clothing, blankets, human feces, hypodermic needles, and items listed above.

2. Contractor shall remove unwanted natural or environmental materials including, but not limited to, bio-waste, dirt, nests, hypodermic needles, silt, feces, grime and similar.

3. Contractor may be assigned to work alongside Local Law Enforcement (Santa Ana Police Department and California Highway Patrol).

4. Contractor shall be required to report transient occupied Homeless Encampments on City and Caltrans properties to Project Manager.

3. AS-NEEDED WEED AND DEBRIS REMOVAL AND LOT CLEANING – CREW LABORER

1. Additional as-needed crew laborer services may be requested by the City and will be compensated at the regular hourly rate as per appropriate bid line item pricing.

2. City will issue a work order request for such work to be performed.

3. These services include, but are not limited to the services listed in Section I.

II. WORK ORDERS, ASSIGNMENTS, AND SCHEDULE
Work shall be assigned by the City Projects Manager (or Inspector or other City Designated Person) and shall be on an As-Needed or on a Set Schedule basis, subject to budget appropriation availability and changes by the Projects Manager. Work hours and staffing may be increased or decreased based on funding availability. The Projects Manager will work with the Contractor to prepare the most effective and productive schedules and work assignments.

Crew Unit Size(s) will vary based on task and assignment and as determined between Projects Manager and Contractor. Work assignments may vary and may consist of performing weed City Council
City of Santa Ana RFP 25-116
17 – 105
Page
11/4/2025
21 of 60

CITY OF SANTA ANA
abatement or debris/rubbish clean-up or transient and homeless encampment removal or a combination of daily.

III. CREW SIZE
Contractor shall provide the necessary staff/workers to perform work as specified in this Bid.

Contractor must have the ability to provide the necessary workers based on the amount AS-NEEDED and SET SCHEDULED assignments. At a minimum, Contractor shall perform the assigned tasks with the following:

1. Three (3) Laborers

1. Laborer: Performs the necessary tasks to complete the required services. a) At minimum, one laborer must be English-speaking who is fully trained and knowledgeable in all aspects of these requirements. b) Equipped with a working, fully charged, capable of taking and sending photos and emails, cellular phone, to enable immediate contact with the City Projects Manager.
c) Ability to effectively communicate in verbal and written form in order to solve daily problems.

2. Perform the work assigned by City staff on an AS-NEEDED and SET SCHEDULED basis.

3. Provide the necessary labor, materials and equipment to remove litter and debris from all under/over passes, on/off ramps, sidewalk areas, planters, and embankments.

4. Contractor shall provide an Administrative Customer Service Representative knowledgeable of the Contract requirements, to efficiently answer all City questions/inquiries. The Customer Service Representatives shall be available during Regular Business Hours to assist City with administrative matters and if necessary, placement of work orders , follow-ups, and any other areas requiring assistance. Contractor must provide a Customer Service point of contact for after-hours and urgent requests.

IV. GENERAL

1. Furnish all labor, equipment, materials and supplies (including trash bags and any other supplies necessary), tools, services and special skills required to perform all services listed above on Caltrans over/under passes, on/off ramps, City streets, and various locations and other related services as set forth in the Scope of Services and in keeping with the highest standards of quality and performance.

2. Cooperate fully with all authorities regarding any investigations of the preceding activities. Submit a completed report to Projects Manager by the next business day following work completed under this contract.

3. Delivering and Staging of Equipment and Materials
City Council
City of Santa Ana RFP 25-116
17 – 106
Page
11/4/2025
22 of 60

CITY OF SANTA ANA

1. Materials, supplies, and equipment needed for this project must be stored at Contractor’s premises and at Contractor’s expense, unless otherwise agreed upon by the Projects Manager.

2. Remove all materials, tools and equipment from City facilities and or Caltrans property immediately after completion of work.

4. Do not blow or sweep any debris from the landscaped areas and/or hard surfaces into the parking lots, onto private property, storm drains or public streets.

5. Notify the City Projects Manager immediately regarding scheduled work that may be delayed or missed, provide reasons why the work schedule cannot be maintained (beyond the Contractor’s control), and submit a revised work schedule for review and consideration.

V. CONTRACT PERFORMANCE REQUIREMENTS

1. Contractor shall document all location/stops each day with smartphone app provided by City. No less than 4 sites per 8-hourwork day. Any deviations from this requirement must be brought up to the City Projects Manager and agreed upon by City prior to any work commencing.

2. Quality Assurance
Contractor shall provide laborers and supervisors who are thoroughly familiar with the type of work, materials, and techniques specified. Contractor shall perform all work according to all current applicable codes, industry-standards, and to the highest quality commensurate with required work

1. Ensure that all work is done only by experienced and professional personnel arriving at the project site(s) as scheduled and all work is performed in a skillful and workmanlike manner.

2. All services shall be subject to the inspection and approval of City either by Projects Manager or designee prior to acceptance and approval for payment.

3. Compliance with Laws:

1. It shall be the Contractor’s responsibility to attain the appropriate Contractor License Requirement if applicable.

2. Contractor shall perform all work performed in connection to this project in full compliance with all applicable standards, laws, statutes, restrictions, ordinances, requirements, rules and regulations of municipal, state, county and federal agencies applicable to the services provided.

VI. REMOVAL AND DISPOSAL OF DEBRIS

1. Contractor shall remove and dispose of all litter, and debris generated during the performance of this contract from the work areas the same day it is generated.

2. Disposal locations will be privately owned or debris transfer stations.

City Council
City of Santa Ana RFP 25-116
17 – 107
Page
11/4/2025
23 of 60

CITY OF SANTA ANA
Note: ONLY when authorized by the City, the use of the City Municipal Corporate Yard location will be allowed for the disposal of litter and debris generated under this agreement and will be at no charge to the City.

3. Amount of debris/rubbish must be documented and required as part of each work order in order to include the total amount of debris/rubbish collected on monthly invoicing.”

4. All debris, excess material, and parts, including those materials that could inflict injury (e.g., nails, wire, wood, etc.), shall be cleaned up continuously as work progresses and removed at the completion of the job and/or at the end of each work day.

VII. EQUIPMENT
Contractor shall furnish all labor, equipment, materials (including trash bags), tools, services, and special skills required to perform debris/rubbish and weed abatement removal services and other related services as set forth in these specifications and in keeping with the highest standards of quality and performance. Contractor shall ensure that all equipment, materials, supplies, and consumables meet or exceed all applicable manufacturer’s published specifications and industry standards corresponding to required work as specified herein.

The Contractor shall perform all work necessary to complete the provisions of this contract in a satisfactory manner. The Contractor shall furnish all equipment, tools, materials, supplies, supervision and labor necessary to complete the work. It is mandatory that the equipment and tools identified below be readily available.

1. Stake bed – Minimum ten (10) cubic yard stake beds or dump truck with ability to be loaded by loader and back hoe.
**Required daily: contractor will be responsible to provide appropriate number of stake bed trucks based on crew size, location and job assignment.

2. Lawnmowers – available if needed

3. Weed eaters

4. Blowers

5. Hedge trimmers

6. Chain saws

7. Edgers

8. Shovels

9. Scoop shovels

10. Rakes

11. Loppers

12. Tree pole saws – available if needed

13. Hedge shears

14. Long handled hoes

15. Pitch forks

16. Traffic cones or delineators

17. Wheelbarrows

18. Push brooms

19. PressureWasher - available if needed
City Council
City of Santa Ana RFP 25-116
17 – 108
Page
11/4/2025
24 of 60

CITY OF SANTA ANA
VIII. MAINTENANCE FUNCTION CHECKLIST AND REPORTS

1. Weekly Report:

1. Due Monday of every week, including a Daily Attendance Sign-In Sheet with signatures of each laborer with the hours worked and start and end times and specifies the work performed; date performed; and labor, materials and supplies used, and amount of trash and debris collected (measurement method to be agreed upon).

2. Contents: Ensure that the report contains all the required and approved content, which may include, but not limited to:
a) Description of work completed
b) Materials and Equipment used, such as Loader or Back Hoe

3. Ensure that all reports are submitted prior to submission of the monthly invoice, otherwise payment will be withheld, unless a change is agreed upon by the City.

4. Monthly payment will not be made until reports are received by City.

2. Production Reports

1. Shall be emailed to City each month by the seventh day.

2. These reports will include the amount of trash and debris removed and disposed and disposal sites utilized.

3. Documentation – As Requested by the City

1. Digital Photo Sampler Report
a) Take before-and-after photos of items, areas, or incidents that Contractor responds to as specified by City.
b) Maintain these photos electronically and make them available for inspection by City at any time.
c) Identify photos by location, description, etc. before or after, date and time of photo taken with timestamp.

IX. CONTRACTOR EMPLOYEES AND UNIFORMS

1. Contractor Laborer Employees
City Council
City of Santa Ana RFP 25-116
17 – 109
Page
11/4/2025
25 of 60

CITY OF SANTA ANA

1. Ensure that all Contractor employees performing work in conjunction with this service are always courteous, professional, competent, and do not cause any undue disturbances.

2. Contractor staff shall be responsive only to the requests of the Projects Manager or designee. Contractor staff shall direct all inquiries to Projects Manager or designee.

3. Remove any employee who is determined by City to be incompetent, working inefficiently, disorderly, intemperate, or otherwise objectionable immediately removed from work under this agreement and replace with a satisfactory replacement.

4. Contractor staff and representative shall maintain the highest level of professional standards in uniforms, politeness, and interaction with the public and City personnel. Contractor staff must present a neat, well-groomed appearance at all times.

5. Perform the work while minimizing disturbance to the citizens, residences, and businesses.

6. Workers must have basic knowledge, experience, skills, and abilities in general labor, custodial maintenance, landscaping maintenance, cleaning, trash handling, landscape care, and street safety procedures to perform the scope of work requirements in accordance with the bid specifications at all times. Workers who do not demonstrate these capabilities shall be replaced at the request of the City.

2. Uniform and Safety Vests
a. Contractor shall provide and maintain uniforms for all Contractor employees under this contract at Contractor expense.
b. Uniforms must bear Contractor’s company name or other acceptable designation type approved by the Projects Manager.
c. Uniforms must be maintained in a clean and neat order with no rips, tears, or permanent stains present and worn as a complete unit and be fitted properly
d. Must wear appropriate safety vest or safety color shirt at all times while working for the City.

X. RECORDS AND INVOICING
Before removing litter, debris/rubbish and/or garbage, the Contractor will photograph the property as is necessary to show all, debris/rubbish and/or garbage to be removed or to be abated. The Manager may also take photographs prior to work commencing.

The Projects Manager will keep an accurate record of all properties cleaned by the Contractor and if any controversy shall arise as to locations cleaned by the Contractor, the decision of the Projects Manager will be final.

City Council
City of Santa Ana RFP 25-116
17 – 110
Page
11/4/2025
26 of 60

CITY OF SANTA ANA
Contractor shall prepare a monthly written invoice for amount of hour’s worked, a listing of each location cleaned by Work Order Number and total amount debris/rubbish disposed of by tonnage. Invoices are to be submitted on the first day of each month, or as deemed necessary by the Projects Manager.

Contractor shall email all invoices to: [email protected] XI. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Contractor shall be responsible for the protection of public and private property adjacent to the work and shall repair or replace all existing improvements, which are damaged or removed as a result of his operations if said existing improvements are not designated for removal.

XII. WORK HOURS
Contractor’s regularly assigned activities shall be performed from 7:00 a.m. to 3:30 p.m., Monday through Friday. The schedule shall be provided by the Projects Manager.

Deviation from these hours/days shall not be permitted without the prior consent or direction of the Projects Manager except for emergencies involving immediate hazard to persons or property and per the Santa Ana Municipal Code.

Occasionally, Contractor will be assigned work that will deviate from the established work hours and will require Contractor to be available and work alternative hours during early morning hours, late night, overnight, and weekends. Projects Manager will work with Contractor to provide as much lead time as possible.

XIII. EMERGENCY INFORMATION
The names, addresses and telephone numbers of Contractor and subcontractors, or their representatives, shall be filed with the City prior to beginning work.

XIV. RESPONSE TIMES

1. Routine

1. Routine: 48-hour response or sooner to site from time of contact for anything that needs attention prior to the next maintenance cycle, but has no immediate cost or threat of loss.

2. Contractor shall respond to City Staff within one (1) hour of notification during normal work hours.

XV. WORK BY CITY FORCES DUE TO CONTRACTOR

NONCONFORMANCE
Should the Contractor fail to correct deficiencies of public nuisances that have been created because of his operations, then these will be considered to be of an emergency nature and City Council
City of Santa Ana RFP 25-116
17 – 111
Page
11/4/2025
27 of 60

CITY OF SANTA ANA
cause for the City to move in on the work site to make corrective work. Such work will be done on a force account basis with an additional callout charge of $75 for each callout. It should also be noted that there is a minimum two-hour charge for labor on any callout.

XVI. SAFETY REQUIREMENTS
All work performed under this contract shall be performed in a manner as to provide maximum safety to the public and staff where applicable, comply with all safety standards related to personal protective equipment (PPE) required by CAL-OSHA or other applicable Local, State and Federal safety regulatory agencies.

XVII. ENVIRONMENTAL CONDITIONS

1. Comply with all applicable local, state, federal regulations and requirements.

2. Transport, store, apply, dispose of all bio-waste and hazardous materials as required by law.

3. Supply, if necessary, a trash container, for non-hazardous materials only.

4. Remove from the work site and properly dispose of all spent materials, hazardous materials, debris, and the like on a daily basis. Do NOT accumulate waste materials unless the Projects Manager otherwise allows.

5. Minimize contamination from materials, wastes, spills, or residues at the jobsite to street, drainage facilities, or adjoining property by wind or runoff.

XVIII. TRAFFIC CONTROL
All traffic control (if required) shall conform to the requirements of the latest edition of the “Work Area Traffic Control Handbook” (WATCH, City Standard Plan 1125F (SP1125F), the Manual on Uniform Traffic Control Devices (MUTCD), the current MUTCD California Supplement and these Special Provisions.

1. The Contractor shall maintain at least one open traffic lane in each direction at all time on all streets. Flagmen shall be required when directed by the City.

2. During non-working hours, all lanes shall be opened to traffic.

3. Flashing arrow boards shall be required on arterial streets. Deviation from this requirement will be subject to approval from the Traffic Engineer.

4. Traffic control plans must be submitted and approved before starting work on any public street, except for the following temporary closures:
a. Temporary single lane closure on 4 or 6-lane arterials may be done per WATCH without submitting a traffic control plan. However, this will require approval from the Traffic Engineer.
b. Temporary closure of local streets may be done per WATCH without submitting traffic control plans. However, this will require approval from the Traffic Engineer.

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

City Council
City of Santa Ana RFP 25-116
17 – 112
Page
11/4/2025
28 of 60

CITY OF SANTA ANA
The Contractor shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. The Consultant/Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site.

The following is required in addition to the requirements of the Standard Specification:
a. The Contractor shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job. b. The Contractor shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards.
c. The Contractor, their employees and subcontractors shall follow all safety rules and safe work practices.
d. The Contractor will immediately notify the City of any significant and/or unusual hazards found during the course of work.
e. The Contractor is solely responsible for the legal disposal of hazardous waste generated in performance of their work.

Safety Indemnification: To the extent allowed by law, the Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Contractor, its subcontractors or City, attributable to any alleged act or omission of the Contractor or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi-employer work sites. The City may deduct from any payment otherwise due the Contractor any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work
XX. COMMUNICATIONS
Contractor shall provide his crew with a cellular phone to allow direct communication with City staff at Contractor’s expense. The City shall require contract staff to utilize a technological device, such as a smartphone, tablet, laptop or similar device at Contractor expense, to assist with the City’s Asset Management and Work Order System. Such device will be utilized to perform basic data input and respond to work orders from the City.

Operation of the software system shall include, but is not limited to, monitoring and responding to real-time work order service requests and taking before and after photos of work performed.

City Council
City of Santa Ana RFP 25-116
17 – 113
Page
11/4/2025
29 of 60

CITY OF SANTA ANA
XXI. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.

XXII. AUDIT REQUIREMENTS
City reserves the right to periodically inspect and audit Contractor’s accounting procedures and supporting documentation in conjunction with the performance of the Scope of Services.

1. City will notify Contractor in writing of any such requested audit.

2. City will inspect and audit in a reasonable manner.

3. Contractor must fully cooperate with any such audit(s).

4. City will notify Contractor in writing of any exception taken as a result of an audit.

5. If an audit, in accordance with this article, discloses overcharges (of any nature) by Contractor to City of the value of that portion of the Agreement that was audited, the actual cost of City’s audit shall be reimbursed to City by Contractor.

XXIII. CONTRACT TERMINATION
The City reserves the right to terminate contract, without penalty, for cause immediately or without cause after 30-days written notice thereof is delivered to the Contractor either personally or by mail addressed as shown on the bid proposal.

If the Contractor fails to meet the specifications of this contract for a period of 15 cumulative days, the City may at its option terminate the balance of this contract by written notice of termination to the Contractor. Notice of such termination shall take effect 15 days after such notice is mailed.

XXIV. WORK DELAYS AND LIQUIDATED DAMAGES

1. Agree to liquidated damages as specified in the table when delays, etc. are within the control of, or could have been anticipated by, Contractor.

2. Note that exceptions may be made by the Projects Manager when unforeseeable circumstances arise and are clearly beyond the control of or could not have been anticipated by Contractor that may cause delays or no work to be performed or completed. The Projects Manager may grant an extension in time equivalent to the exact number of working days that were caused by the unforeseen circumstance.

3. To ensure that Contractor performs all of the required work and by the time required per bid specifications, City will assess liquidated damages (Liquidated Damages Table) for work performance deficiencies.

4. City will notify Contractor in writing and/or email each time service requirements are unsatisfactory and corrective action is necessary. Should Contractor fail to correct City Council
City of Santa Ana RFP 25-116
17 – 114
Page
11/4/2025
30 of 60

CITY OF SANTA ANA
any deficiencies within three business days, the City may exercise the following measures:

1. Deduct from Contract’s payment amount the required to correct deficiency or the Liquidated Damage amount.

2. Utilize City forces or alternate means to correct deficiency and deduct from Contractor’s invoice cost including City overhead.

5. City has the sole right to waive any liquidated damages without regards to any and all precedents wherein City may have waived past violations.

6. After second recurring violation contractor must meet with the Projects Manager to discuss deficiency issues and a subsequent correction notice will be issued.

TABLE: LIQUIDATED DAMAGES
# VIOLATION AMOUNT

1. Failure to perform required/scheduled work by being late, not attending to scheduled work or inability to provide requested number of workers or equipment as scheduled or requested.
$100.00 per Occurrence

2. Failure to meet,
requirements.
respond or answer to Emergency response $100.00 per Occurrence

3. Failure to meet, respond or answer to Routine response requirements. $100.00 per Occurrence

4. Failure to meet Contract Performance Requirements of not removing significant amount of weeds and debris generated by crews, from work site same day per requirements, unless authorized by Projects Manager.
$200.00 per Occurrence

5. Blowing or sweeping debris onto non-work area, private property, public streets, parking lots or into storm drains and not removing. $200.00 per Occurrence

6. Failure of Contract lead worker or Supervisor (or designated person) to return phone calls to City within time frame.
$100.00 per Occurrence

7. Failure to provide reports, schedules and other deliverables without notice and agreement by Projects Manager.
$100.00 per Occurrence

8. Safety violation and/or failure by Contractor to comply with the most current Work Area Traffic Control Handbook (W.A.T.C.H.) $100.00 per Occurrence
XXV. REQUIRED CONTRACTOR IDENTIFICATION SIGNAGE
City of Santa Ana Public Works Agency authorized contractors will be required to have identification signage on all vehicles at all times while working in an official capacity for the City. Such signage shall be of a professional manner and maintained neat in appearance, free of graffiti, easily identifiable and in sound condition. All costs associated with the fabrication of such signage shall be borne by the contractor. Contact City Staff prior to ordering.

Signage Type and Material Shall Be:

City Council
City of Santa Ana RFP 25-116
17 – 115
Page
11/4/2025
31 of 60

CITY OF SANTA ANA
Plastic with Magnetic Backing. Painted on Vehicle or similar (Taped Signs Not allowed). Such Signage Shall State:

Authorized Contractor
City of Santa Ana Public
Works Agency
and
Name of Contractor and Contractor Telephone
Number Signage Letter Minimum Size or as allowed
by City Staff:
2-inches for: Authorized Contractor
City of Santa Ana Public
Works Agency
1-inch for all other information
City Council
City of Santa Ana RFP 25-116
17 – 116
Page
11/4/2025
32 of 60

EXHIBIT B

COMPENSATION
City Council 17 – 117 11/4/2025

1234 North Blue Gum St. Anaheim, CA 92806 - P: (714) 860-4702 F: (714) 860-4705 City Council 17 – 118 11/4/2025

EXHIBIT C

INSURANCE REQUIREMENTS
City Council 17 – 119 11/4/2025
Insurance Requirements – Exhibit C
Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages:

MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.
• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. • Workers’ Compensation (WC): 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, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees.

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

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

1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to 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. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City.

3. All required insurance policies: 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. All required insurance policies: 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.

City Council 17 – 120 11/4/2025
Insurance Requirements – Exhibit C

5. Each insurance policy 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 nonrenewal due to non-payment.

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 event should 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. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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 to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them.

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

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.

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

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.

City Council 17 – 121 11/4/2025
Public Works Agency
www.santa-ana.org/pw
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 4, 2025
TOPIC: Construction Contract for Traffic Signal Improvement Projects

AGENDA TITLE
Award a Construction Contract to Elecnor Belco Electric, Inc. for the Traffic Signal Modification at Segerstrom Avenue & Raitt Street and Segerstrom Avenue & Flower Street and the Pedestrian Hybrid Beacon Installation at Edinger Avenue & Towner Street Project (Nos. 25-6033 & 22-6018) (General Fund)

RECOMMENDED ACTION

1. Approve an amendment to the Fiscal Year 2025-2026 Capital Improvement Program to include an additional $500,000 in construction funds for the Edinger Avenue and Towner Street Pedestrian Hybrid Beacon Installation Project (No. 22-6018).

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,749,105, which includes $1,399,284 for the construction contract, $209,893 for contract administration, inspection, and testing, and $139,928 for unanticipated or unforeseen work.

3. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $1,399,284, subject to change orders, for construction of the Traffic Signal Modification at Segerstrom Avenue & Raitt Street and Segerstrom Avenue & Flower Street; Pedestrian Hybrid Beacon Installation at Edinger Avenue & Towner Street Project (Nos. 25-6033 & 22-6018), for a term beginning November 4, 2025, and authorize the City Manager to execute the contract.

4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER No. 2025-65 will be filed for Project Nos. 25-6033 & 22-6018.

GOVERNMENT CODE §84308 APPLIES: No
,
City Council 18 – 1 11/4/2025
Construction Contract for Traffic Signal Improvement Projects November 4, 2025

DISCUSSION
The Public Works Agency Engineering Services Division (PWA) is responsible for the administration and oversight of all Capital Improvements Projects (CIP) in the City. With the adoption of the fiscal year 2024-25 budget, the City Council allocated funds for traffic safety improvements at the intersections of Segerstrom Avenue and Raitt Street, Segerstrom Avenue and Flower Street, and Edinger Avenue and Towner Street. The traffic safety improvements will modify existing traffic signals and install a new pedestrian hybrid beacon to enhance safety and increase mobility for those traversing the intersections.

At Segerstrom Avenue and Raitt Street and Segerstrom Avenue and Flower Street, the improvements will include installation of new left turn arrows to separate the turning vehicle movements from opposing vehicles, pedestrians, and bicyclists eliminating the potential for conflict. In addition, high visibility crosswalks and audible pedestrian signals (APS) will be installed to enhance visibility of crossing pedestrians and bicyclists at the intersection. The complete scope of work includes installation of new traffic signal poles, conduit, fiber optic cable, video detection system, APS system, emergency vehicle detection, signing and striping, and wheel chair ramps.

At Edinger Avenue and Towner Street, the improvements will install a new pedestrian activated flashing beacon that will provide a controlled crossing for pedestrians to safely cross the intersection. Additionally, high visibility crosswalks with APS will be installed to enhance visibility of crossing pedestrians and bicyclists at the intersection. The complete scope of work includes installation of new traffic signal poles, conduit, fiber optic cable, video detection system, APS system, signing and striping, and wheel chair ramps.

While General Funds have been allocated to fully fund these projects, an existing memorandum of understanding (MOU) with Irvine and recently approved development projects in the area will contribute to the cost of the improvements. These contributions will be collected at a later date in accordance with the respective agreements and traffic study mitigation requirements.

The city of Irvine reclassified part of Redhill Avenue and went through the Master Plan of Arterial Highway amendment process. As part of this process, a traffic study identified a traffic impact to the intersection of Segerstrom Avenue & Flower Street. An MOU with the city of Irvine and Orange County Transportation Authority (OCTA) was approved by the City Council on July 1, 2025. As part of this MOU, Irvine will contribute $37,224 to this project. The MOU is currently being circulated by Irvine and OCTA for final signatures. Once fully executed, Staff will coordinate with Irvine to obtain the funding contribution.

As part of the entitlement process for both the Bristol Related and the Village development projects, their respective operational traffic studies identified operational City Council 18 – 2 11/4/2025
Construction Contract for Traffic Signal Improvement Projects November 4, 2025

traffic impacts at the Segerstrom Avenue & Flower Street Intersection. A fair share contribution was determined for each development project. Bristol Related will provide a

4.1% ($71,713) contribution due upon issuance of building permits for the third (last) phase of the project. The Village will contribute 4.32% ($75,561) due upon issuance of building permits for the fourth of five phases of the project. The contributions due will be adjusted for inflation to reflect present value at the time payment is received. Staff will coordinate with both developers to collect the fair-share contributions in a timely manner. As funding contributions are received, Staff will prepare an appropriation adjustment recognizing the revenue and present to City Council for approval in the future.

Project Advertisement and Contractor Procurement
To provide an opportunity for local vendors to submit bids, the City notified a total of 53 regional vendors via PlanetBids, many of which are Santa Ana based. Furthermore, staff specifically reached out to Santa Ana vendors to encourage their participation in bids. A total of seven bids were received. Zero bids were received from Santa Ana contractors.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on August 20, 2025. The project was also advertised in PlanetBids from August 19, 2025 to September 17, 2025. Bids were received electronically via PlanetBids on September 17, 2025. No bid protest was submitted by any of the bidders during the bid protest period.

A copy of construction plans, contracts, specifications, and all related reference materials (such as The Greenbook) are available for public review at the City’s Public Works Agency, Central Files office located in City Hall.

Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID +

ALTERNATES
1 Elecnor Belco Electric, Inc. Chino, CA $1,399,284
2 Select Electric, Inc. Anaheim, CA $1,545,590
3 Ferreira Construction Co. Rancho Cucamonga,
CA $1,602,128
4 California Professional
Engineering, Inc. La Puente, CA $1,713,661
5 International Line Builders, Inc. Corona, CA $1,729,709 6 Crosstown Electrical & Data, Inc. Irwindale, CA $1,769,396 7 Neema General Contracting El Cajon, CA $2,052,434
A total of seven bids were received and seven were deemed responsive. Elecnor Belco Electric, Inc. submitted the lowest responsive base bid in the amount of City Council 18 – 3 11/4/2025
Construction Contract for Traffic Signal Improvement Projects November 4, 2025

$1,367,296 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on available budget and the bid pricing for the additional bid alternatives, Staff recommends awarding a construction contract for the base bid plus additional alternates in the amount of $1,399,284. The bid alternates include installing Emergency Vehicle Preemption (EVP) systems for emergency vehicles like fire trucks and police cars; it works by allowing emergency vehicles to request a green light at an intersection which temporarily overrides the normal traffic signal to create a clear path and improve response times and safety.

Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Elecnor Belco Electric, Inc. (Exhibit 3).

Elecnor Belco Electric has previously performed work as a prime contractor in the City of Santa Ana within the past five years, including ARPA Neighborhood Streetlights – Phase 1, ARPA Neighborhood Streetlights – Phase 2, and Traffic Signal Modification at Warner Avenue and Wright Street. The contractor has satisfactorily performed these projects and staff recommends awarding the construction contract to Elecnor Belco Electric, Inc. for the construction of the Project. (Exhibit 3) Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes a budget allocation for construction administration, inspection, and testing. Construction administration and inspection may be performed by either Staff or consultants and includes construction management, inspection of the Contractor’s work to ensure contract compliance, workmanship and quality, materials testing, and implementation of the labor requirements.

Any of the allocated construction administration funds not spent are considered project savings and are returned to the respective fund balance upon close out of the project.

As indicated in the Cost Analysis and as summarized in the table below, the estimated total construction delivery cost of the project is $1,749,105.

Project Item Total
Construction Contract Bid Amount $1,399,284
Construction Administration $111,943
Inspection $69,964
Testing $27,986
Unforeseen Conditions $139,928
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $1,749,105
Project Schedule and Contract Time
The project completion date is August 2026, barring unforeseeable conditions such as rain, natural disasters, or other delays beyond the control of the City and of the Contractor. The contract time for this project is 120 working days, as specified in the bid City Council 18 – 4 11/4/2025
Construction Contract for Traffic Signal Improvement Projects November 4, 2025

documents. Working days are counted in accordance with the City’s Standard Specifications, which exclude weekends, City-observed holidays, and inclement weather days that prevent work.

The contractor was required to submit a construction schedule as part of their bid to expedite delivery of the project. The projected completion date based on the submitted schedule is August 2026, which is within the allotted 120 working days. If the contractor fails to deliver on time, they will be assessed a penalty of $4,200 per calendar day as specified in the bid documents.

Project Milestones
Milestone Estimated
Completion Date
Notes
Administrative Startup November 2025 Contract execution, bonds, insurance
Material Procurement April 2026 Procurement may take place concurrently with construction.

Contractor Mobilization May 2026 Start of construction activities Project Completion August 2026 Based on 120 working days Project Phasing
The contractor will be constructing this project in a singular phase, fulfilling the scope of work as outlined in the contract documents. The contractor is responsible for determining the scheduling and sequencing of activities based on their proposed means and methods.

Public Outreach
As part of standard community outreach practices, during the project design phase Staff met with Thornton Park and Republic Homes Neighborhood Associations to present the project and collect community input. Upon Council approval of recommended actions, prior to start of construction, Staff will notify Thornton Park and Republic Homes Neighborhood Associations of upcoming construction and distribute informational material including who to contact for additional information or to address issues of concern.

The Contractor is required to issue construction notices to adjacent residents and businesses at least two weeks before construction begins. Additionally, the contractor is required to install signage at the project site indicating project details and contact information.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(b) of the CEQA Guidelines City Council 18 – 5 11/4/2025
Construction Contract for Traffic Signal Improvement Projects November 4, 2025

for projects consisting of repair and maintenance of existing public facilities. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review Nos. ER-2025-65 and ER-2025-68 will be filed for Project 25-6033 and 22-6018, respectively (Exhibit 4).

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,749,105. All funds are available for expenditure in Fiscal Year 2025-26. Any remaining balances not expended at the end of the fiscal year will be carried forward into Fiscal Year 2026-2027 (Exhibit 5).

The proposed contract authorizes staff a maximum of 10% for construction contract change orders. Staff will return to City Council for authorization and appropriation of additional funding if necessary.

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

CURRENT BUDGET
2025-26
01117620-
66220
(25-6033)
General Fund
PW-Traffic/Trans –
Service
Enhancement,
Improvements Other
Than Buildings
$1,259,105
2025-26
01117620-
66220
(22-6018)
General Fund
PW-Traffic/Trans –
Service
Enhancement,
Improvements Other
Than Buildings
$490,000
TOTAL $1,749,105

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Environmental Determination

5. Capital Improvement Project Worksheet
Submitted By: Rodolfo Rosas, P.E., Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 18 – 6 11/4/2025
PWA

SANTA ANA
PUBLIC WORKS AGENCY Project No. 25-6033:

Traffic Signal Modification at Segerstrom/Raitt and
Segerstrom/Flower
Exhibit 1
City Council 18 – 7 11/4/2025
PWA

SANTA ANA
PUBLIC WORKS AGENCY Project No. 22-6018:

Pedestrian Hybrid Beacon Installation at
Edinger/Towner
Exhibit 1
City Council 18 – 8 11/4/2025
City Council 18 – 9 11/4/2025
City Council 18 – 10 11/4/2025
City Council 18 – 11 11/4/2025

CITY OF SANTA ANA

CONSTRUCTION CONTRACT AGREEMENT
PROJECT 25-6033 & 22-6018

TRAFFIC SIGNAL MODIFICATION AT SEGERSTROM AVENUE & RAITT STREET AND SEGERSTROM AVENUE & FLOWER STREET; PEDESTRIAN HYBRID BEACON INSTALLATION AT

EDINGER AVENUE & TOWNER STREET
This CONSTRUCTION CONTRACT is made and entered into this 5 th day of November, 2025 by and
between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and Elecnor Belco Electric, Inc. (hereinafter “CONTRACTOR”).

WITNESSETH:

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

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

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

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Three Hundred Ninety-Nine Thousand Two Hundred Eighty-Four Dollars and No Cents ($1,399,284.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A”.

City Council 18 – 12 11/4/2025

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

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

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

6. If applicable, the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City’s website at: CWA City of Santa Ana 12-20-2023

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

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

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

10. INDEMNIFICATION.

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

City Council 18 – 13 11/4/2025

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

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

IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written.

ATTEST: CITY OF SANTA ANA
ALVARO NUÑEZ
City Manager
CONTRACTOR:

Elecnor Belco Electric, Inc.

JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By:

Kyle Nellesen
Assistant City Attorney
NAME:

TITLE:

Pablo Sanchez
Chief Oper. Officer
City Council 18 – 14 11/4/2025

RECOMMENDED FOR APPROVAL:

RODOLFO ROSAS, P.E.

Acting Executive Director
Public Works Agency
Rodolfo Rosas Digitally signed by Rodolfo Rosas
DN: cn=Rodolfo Rosas, [email protected],
c=US
Date: 2025.10.21 13:42:26 -07'00'
City Council 18 – 15 11/4/2025

EXHIBIT A
City Council 18 – 16 11/4/2025
City Council 18 – 17 11/4/2025
City Council 18 – 18 11/4/2025
City Council 18 – 19 11/4/2025
City Council 18 – 20 11/4/2025
City Council 18 – 21 11/4/2025
City Council 18 – 22 11/4/2025
City Council 18 – 23 11/4/2025
City Council 18 – 24 11/4/2025
City Council 18 – 25 11/4/2025
CITY OF SANTA ANA FY 25/26CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Design and install a new traffic signal on Pedestrian Hybrid Beacon at Edinger Ave and Towner St
PROJECT NEED:

Project is needed to enhance traffic safety and increase mobility.

PROJECT TITLE:

Edinger Avenue & Towner Street
Pedestrian Hybrid Beacon
Installation
PROJECT CATEGORY:

Traffic Improvements
Traffic Improvements

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works Traffic Engineering Cesar Rodriguez, Senior Civil Engineer 09-Oct-2025 PROJECT COSTS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 Construction 500,000 - - - - - -
TOTAL 500,000 - - - - - -
SOURCE OF FUNDS FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 GENERAL FUND 500,000 - - - - - -
TOTAL 500,000 - - - - - -
City Council 18 – 26 11/4/2025
CITY OF SANTA ANA FY 24/25CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Design and installation of left turn arrows at Segerstrom Avenue/Raitt Street and Segerstrom Avenue/Flower Street PROJECT NEED:

Project is needed to enhance traffic safety and increase mobility.

PROJECT TITLE:

Segerstrom Ave/Raitt St and
Segerstrom Ave/Flower St Traffic
Signal Modifications
PROJECT CATEGORY:

Traffic Improvements
Traffic Safety / Mobility

LOCATION MAP
AGENCY: DIVISION: CONTACT:

Public Works Traffic Engineering Cesar Rodriguez, Senior Civil Engineer PROJECT COSTS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Construction 975,000 - - - - - -
Contingency 130,000 - - - - - -
Engineering 195,000 - - - - - -
TOTAL 1,300,000 - - - - - -
SOURCE OF FUNDS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 GENERAL FUND 1,300,000 - - - - - -
TOTAL 1,300,000 - - - - - -
City Council 18 – 27
45 11/4/2025
Public Works Agency
www.santa-ana.org/pw
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 4, 2025
TOPIC: Resolution to Carry Over Existing Funds to the 2027 Federal Transportation Improvement Program

AGENDA TITLE
Resolution and Authorization to Carry Over Grant Funds to the 2027 Federal Transportation Improvement Program as Required by Funding Agency

RECOMMENDED ACTION

1. Authorize the City Manager to submit selected projects to the Orange County Transportation Authority for inclusion into the 2027 Federal Transportation Improvement Program.

2. Adopt a Resolution certifying that the City has the resources to fund the projects submitted for inclusion into the 2027-2032 Federal Transportation Improvement Program, and confirm the City’s commitment to implement all projects submitted to the program.

RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA CERTIFYING THAT THE CITY HAS THE RESOURCES TO FUND PROJECTS IN THE 2026/27 - 2031/32
TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING THE CITY’S

COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Federal Transportation Improvement Program (FTIP) is the primary programming and implementation process for projects identified in the Regional Transportation Plan (RTP), administered by the Southern California Association of Governments (SCAG). The FTIP lists projects and identifies funding sources for every regionally significant transportation project that receives federal or state funds. Regionally, the Orange County Transportation Authority (OCTA) serves as the coordination and oversight agency working with SCAG to prioritize and fund FTIP projects which include highway improvements, transit, rail and bus facilities, high occupancy vehicle (HOV) lanes, signal synchronization, intersection improvements, freeway ramps, non-motorized projects, and City Council 19 – 1 11/4/2025
Resolution to Carry Over Existing Funds to the 2027 FTIP November 4, 2025

bicycle, pedestrian, and safety improvements. Locally, FTIP funded projects include the Santa Ana Boulevard Grade Separation, the Fairview bridge replacement, and various bike lane and pedestrian mobility safety improvement projects. See Exhibit 2 for a detailed list of the 18 FTIP projects that will be carried over to the 2027 Federal Fiscal Year. OCTA has requested that all agencies countywide carry over all federally funded projects from the existing FTIP to the 2027 FTIP if project completion occurs after 2025. The FTIP carryover occurs every two years and marks the adoption of the new cycle and is necessary in order to maintaining funding for completing local projects.

To maintain eligibility of allocated federal funds, the City is required to adopt a Resolution (Exhibit 1) listing projects to be included or amended in the FTIP and submit to OCTA by November 21, 2025. Ultimately, the City cannot receive California Transportation Commission funding allocation approval for these projects without the requested Councilapproved Resolution.

The recommended actions would authorize the City Manager to request that the OCTA carry over federally funded projects or projects subject to a federally required action, including regionally significant projects, from the current FTIP to the 2027 FTIP (Exhibit 2). The federal fund sources for those projects include Active Transportation Program (ATP); Highway Bridge Replacement and Rehabilitation (HBRR); Congestion Mitigation and Air Quality (CMAQ); and Demonstration (DEMO) grant funds.

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

FISCAL IMPACT
Matching funds for the referenced projects have either already been budgeted and are available for expenditure, or they are programmed to be budgeted in future fiscal years from accounting units 14817613 (Active Transportation Program), 14817614 (Active Transportation Program Augment), 14817615 (Active Transportation Program-Federal), and 05917660 (Select Street Construction). The projects are in varying stages of completion and for some projects the City’s match requirement has been fulfilled.

EXHIBIT(S)

1. 2027 FTIP Resolution

2. 2027 FTIP Carry Over Project Listing
Submitted By: Rodolfo Rosas P.E., Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 19 – 2 11/4/2025
Resolution No. 2025-XXX

RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA CERTIFYING THAT THE CITY HAS THE
RESOURCES TO FUND THE PROJECTS IN THE 2026/27 -
2031/32 TRANSPORTATION IMPROVEMENT PROGRAM
AND AFFIRMING THE CITY’S COMMITMENT TO

IMPLEMENT ALL PROJECTS IN THE PROGRAM

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

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

A. The City of Santa Ana is located within the six-county metropolitan planning boundaries of the Southern California Association of Governments (“SCAG”).

B. SCAG is required under both federal and state law to develop a Federal Transportation Improvement Program (“FTIP”) for this region in partnership with the six respective county transportation commissions, including the Orange County Transportation Authority, which administers the FTIP in Orange County. The FTIP is a comprehensive listing of all surface transportation projects proposed over a six-year period that will receive federal funding or are subject to a federally required action C. The City Council has authorized project submittals to the Orange County Transportation Authority for inclusion in the FTIP.

D. The City is the lead agency for such projects, and will comply with applicable local, state, and federal provisions, including but not limited to the Federal Transportation Improvement Program, California Environmental Quality Act, National Environmental Policy Act, Americans with Disabilities Act, and Build America Buy America.

E. The City agrees to construct Transportation Control Measures projects as noted in the amendments in a timely manner or to assist with finding a substitute project.

Section 2. The City Council of the City of Santa Ana hereby affirms the City’s commitment to the projects submitted in the 2027 Federal Transportation Improvement Program, which are as follows:

EXHIBIT 1
City Council 19 – 3 11/4/2025
Resolution No. 2025-XXX

CITY

PROJECT
NO.

OCTA PROJECT

ID CARRY-OVER PROJECTS
GRANT

FUNDING
TYPE
19-6951 ORA170804 City of Santa Ana-SRTS Davis Elementary ADA Compliance ATP
18-6912 ORA152213 Citywide Bike Racks CMAQ
11-6741 ORA150003 Bristol Street Improvements: Warner
Avenue to St. Andrew Place DEMO
15-6827 ORA170007 Fairview Bridge (Bridge #55C0513) and Street Improvements HBRR
13-6792 ORA150004 Bristol Street Improvements: Civic Center Drive to Washington Avenue DEMO
20-6964 ORA190901 Fremont Elementary and Spurgeon
Intermediate SRTS ATP
20-6962 ORA190904 McFadden Avenue Protected Bike Lane and Bicycle Boulevard Project ATP
20-6965 ORA190905 Standard Avenue Protected Bike Lane and Protected Intersection Project ATP
20-6971 ORA190919 Warner Avenue Protected Bike Lanes CMAQ 23-6998 ORA210901 Raitt Street Protected and Buffered Bike Lane Project ATP
24-6709 ORA230802 Orange Avenue Bike Lane and Bicycle
Boulevard Project ATP
23-6037 ORA232001 Memory Lane and Flower Street Bikeway ATP 11-6741 ORA190915 Bristol Street Protected Bike Lanes: Phase II Warner Avenue to St. Andrew Place CMAQ
11-6741 ORA190916 Bristol Street Protected Bike Lanes: St.

Andrew Place to Edinger Avenue CMAQ
TBD ORA190917 Bristol Street Protected Bike Lanes: Civic Center Drive to Washington Avenue CMAQ
24-6916 ORA190918 Bristol Street Protected Bike Lanes: First Street to Civic Center Drive CMAQ
26-6718 ORA251201 Santa Ana Boulevard Grade Separation TIRCP TBD ORA150104
Mendez, Santiago and Sierra SRTS
MacArthur and Taft SRTS
SAHS and Heninger SRTS
Jackson and Diamond SRTS
Madison, Roosevelt-Walker and Century
SRTS
Heroes, Carver, Willard and Wilson SRTS
ATP
EXHIBIT 1
City Council 19 – 4 11/4/2025
Resolution No. 2025-XXX

Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.

ADOPTED this ____ day of ___________________, 2025.

Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:

Kyle Nellesen
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _
EXHIBIT 1
City Council 19 – 5 11/4/2025
Resolution No. 2025-XXX

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby certify the attached Resolution No. 2025 -___ to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2025.

Date:

City Clerk
City of Santa Ana
EXHIBIT 1
City Council 19 – 6 11/4/2025
EXHIBIT 2
2027 FTIP CARRY OVER PROJECT LISTING
CITY

PROJECT
NO.

COUNCIL
ACTION
DATE
OCTA

PROJECT
ID

CARRY-OVER

PROJECTS
GRANT

FUNDING
TYPE
GRANT
AMOUNT

AWARDED
AMOUNT

SPENT TO
DATE

PROJECT
STATUS
19-6951 12/20/2022 ORA170804
City of Santa Ana-SRTS
Davis Elementary ADA
Compliance
ATP $4,834,000 $4,821,738 Construction
18-6912 CIP 17/18 ORA152213 Citywide Bike Racks CMAQ $162,800 $155,905 Design 11-6741 4/21/2020 ORA150003
Bristol Street
Improvements: Warner
Avenue to St. Andrew
Place
DEMO $2,062,000 $0 Construction
15-6827 11/21/2023 ORA170007
Fairview Bridge (Bridge
#55C0513) and Street
Improvements
HBRR $18,692,000 $0 Construction
13-6792 4/21/2020 ORA150004
Bristol Street
Improvements: Civic
Center Drive to
Washington Avenue
DEMO $1,075,000 $0 Construction
20-6964 7/18/2023 ORA190901
Fremont Elementary and
Spurgeon Intermediate
SRTS
ATP $4,849,000 $4,825,232 Construction
20-6962 9/23/2024 ORA190904
McFadden Avenue
Protected Bike Lane and
Bicycle Boulevard Project
ATP $5,875,000 $1,643,439 Construction
20-6965 9/23/2024 ORA190905
Standard Avenue
Protected Bike Lane and
Protected Intersection
Project
ATP $5,444,000 $5,335,180 Construction
20-6971 3/16/2021 ORA190919 Warner Avenue Protected
Bike Lanes CMAQ $94,010 $93,840 Design
23-6998 CIP 22/23 ORA210901 Raitt Street Protected and
Buffered Bike Lane Project ATP $889,000 $793,376 Design 24-6709 CIP 24/25 ORA230802
Orange Avenue Bike Lane
and Bicycle Boulevard
Project
ATP $851,000 $69,316 Design
23-6037 6/6/2023 ORA232001 Memory Lane and Flower
Street Bikeway ATP $450,000 $228,006 Design
11-6741 CIP 24/25 ORA190915
Bristol Street Protected
Bike Lanes: Phase II
Warner Avenue to St.

Andrew Place
CMAQ $1,508,000 $0 Design
11-6741 CIP 24/25 ORA190916
Bristol Street Protected
Bike Lanes: St. Andrew
Place to Edinger Avenue
CMAQ $88,000 $0 Design
TBD CIP 24/25 ORA190917
Bristol Street Protected
Bike Lanes: Civic Center
Drive to Washington
Avenue
CMAQ $794,000 $0 Construction
24-6916 CIP 24/25 ORA190918
Bristol Street Protected
Bike Lanes: First Street to
Civic Center Drive
CMAQ $125,000 $58,047 Design
City Council 19 – 7 11/4/2025
EXHIBIT 2
2027 FTIP CARRY OVER PROJECT LISTING
CITY

PROJECT
NO.

COUNCIL
ACTION
DATE
OCTA

PROJECT
ID

CARRY-OVER

PROJECTS
GRANT

FUNDING
TYPE
GRANT
AMOUNT

AWARDED
AMOUNT

SPENT TO
DATE

PROJECT
STATUS
26-6718 CIP 25/26 ORA251201 Santa Ana Boulevard
Grade Separation TIRCP $7,000,000 $0 Design
TBD CIP 24/25 ORA150104
Mendez, Santiago and
Sierra SRTS
MacArthur and Taft SRTS
SAHS and Heninger SRTS
Jackson and Diamond
SRTS
Madison, Roosevelt-Walker
and Century SRTS
Heroes, Carver, Willard
and Wilson SRTS
ATP $4,700,000 $0 Design
City Council 19 – 8 11/4/2025
Public Works Agency
www.santa-ana.org/pw
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 4, 2025
TOPIC: Resolutions for the Fiscal Year 2026-27 Measure M2 Comprehensive Transportation Program Grant Applications

AGENDA TITLE
Resolutions Authorizing Grant Applications for the Fiscal Year 2026-27 Measure M2 Comprehensive Transportation Funding Program (Non-General Fund)

RECOMMENDED ACTION

1. Adopt Resolutions authorizing the City of Santa Ana to submit applications for funding consideration under the Measure M2 Comprehensive Transportation Funding Program 2026-27 Call for Projects.

RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF

IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION

AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE

TRANSPORTATION PROGRAM
RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF

IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION

AUTHORITY FOR FUNDING UNDER THE REGIONAL TRAFFIC SIGNAL

SYNCHRONIZATION PROGRAM

2. Direct staff to incorporate approved Comprehensive Transportation Funding Program projects into the Seven-Year Capital Improvement Program for Fiscal Year 2026-27.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
In 2006, Orange County voters approved Measure M2 that extends a 0.5% sales tax in Orange County. Every time residents and visitors in Orange County make a taxable purchase, a half cent for every dollar spent is received by the Orange County Transportation Authority (OCTA) to administer these funds for the implementation of transit and transportation improvement projects. In total, OCTA expects to receive City Council 20 – 1 11/4/2025
Resolutions for the Fiscal Year 2026-27 Measure M2 Comprehensive Transportation Program Grant Applications
November 4, 2025

approximately $14 billion over the 30-year period that Measure M2 is in effect (2011- 2041). OCTA collects this revenue and distributes it as shown in the graphic below:

Santa Ana receives direct funding from the Streets component of Measure M2 in two categories, Local Fair-Share (formulaic distribution) and Competitive Grants. In order to qualify for both categories, Orange County cities must adhere to strict requirements and satisfy 13 eligibility categories.

On September 8, 2025, OCTA issued a Call for Projects for the Measure M2 Comprehensive Transportation Funding Program (CTFP) for Fiscal Year 2026-27 through 2028-29. Approximately $42 million will be available for award on a countywide, competitive grant basis via the Regional Capacity Program (Project O) for Arterial Capacity Enhancements (ACE), Intersection Capacity Enhancements (ICE), and the Regional Traffic Signal Synchronization Program (Project P). The CTFP is the mechanism by which OCTA administers competitive grant funding for street and road projects.

Staff proposes to submit applications totaling over $12.1 million in grant funding requests, which includes all project phases and requires a local match commitment of 25% for Project O, and 20% for Project P. If awarded, the existing and future local funding sources, including but not limited to Transportation System Improvement Area funds (TSIA), Gas Tax funds, and Measure M2 Fairshare funds, will be used to provide the required matching funds for the recommended projects to be budgeted in the FY 2026-27 Capital Improvement Program (CIP).

City Council 20 – 2 11/4/2025
Resolutions for the Fiscal Year 2026-27 Measure M2 Comprehensive Transportation Program Grant Applications
November 4, 2025

RECOMMENDED PROJECTS CTFP

TYPE PHASE GRANT

REQUEST FY
Fairview Street Improvements from 9th
Street to 16th Street O Construction $6,919,840 26-27
Fairview Street Improvements from 17th
to Trask O Construction $4,441,481 27-28
4 th Street/Irvine Boulevard Regional
Traffic Signal Synchronization P
Design/
Construction $825,000 26-27
For both Fairview projects, this request is subsequent to previously awarded funds for other phases. On November 18, 2014, City Council authorized staff to submit the Fiscal Year 2015-2016 Measure M2 CTFP application for ACE funding, which included design funds for Fairview Street Improvements from 9th Street to 16th Street to supplement the bridge replacement project over the Santa Ana River. Then, on November 17, 2020, City Council authorized staff to submit the 2021-2022 Measure M2 CTFP application for ACE funding, which included Right-of-Way funds.

Additionally, on November 16, 2021, City Council authorized staff to submit the Fiscal Year 2022-2023 Measure M2 CTFP application for ACE funding, which included design funds for Fairview Street Improvements Project from 17th Street to Trask Avenue. Then, on November 19, 2024, the City Council authorized staff to submit the 2025-2026 Measure M2 CTFP application for ACE funding, which included Right-of-Way funds. Staff is requesting Construction funds for both projects in this year’s application.

Given the need to complete the street improvements project and the project eligibility requirements defined by OCTA, staff recommends that the City Council adopt two Resolutions (Exhibits 1 and 2) authorizing submittal of the Project O and Project P CTFP application for funding consideration, as well as direct staff to incorporate approved projects into the FY 2026 Seven-Year CIP.

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

FISCAL IMPACT
There is no fiscal impact associated with this action at this time. The City will recognize grant award revenue, inclusive of required City local match, through future Council action during the 2026-27 CIP budget programing cycle. In the event the recommended projects are awarded, the table below provides a breakdown of the total potential funding for the identified projects:

City Council 20 – 3 11/4/2025
Resolutions for the Fiscal Year 2026-27 Measure M2 Comprehensive Transportation Program Grant Applications
November 4, 2025

RECOMMENDED PROJECTS CTFP

TYPE PHASE
CTFP
GRANT
FUNDS
CITY
MATCH
FUNDS
FY
Fairview Street Improvements from 9th
Street to 16th Street O Construction $6,922,500 $2,307,500 26-27 Fairview Street Improvements from 17th
to Trask O Construction $4,441,481 $1,480,494 26-27
4 th Street/Irvine Boulevard Regional
Traffic Signal Synchronization P
Design/
Construction $825,000 $206,250 26-27

EXHIBIT(S)

1. FY 26-27 CTFP Call for Projects – Project O Resolution

2. FY 26-27 CTFP Call for Projects – Project P Resolution Submitted By: Rodolfo Rosas, P.E., Acting Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 20 – 4 11/4/2025
Resolution No. 2025-XXX

RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING THE SUBMITTAL OF

IMPROVEMENT PROJECTS TO THE ORANGE COUNTY

TRANSPORTATION AUTHORITY FOR FUNDING UNDER

THE COMPREHENSIVE TRANSPORTATION PROGRAM

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

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

A. The City of Santa Ana desires to implement the transportation improvements listed below.

B. The City of Santa Ana has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M2 “Fair Share” funds.

C. The City of Santa Ana’s Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways.

D. The City of Santa Ana will not use Measure M2 funds to supplant Developer Fees or other commitments.

E. The City of Santa Ana must include all projects funded by M2 Net Revenues in its seven-year Capital Improvement Program, as part of the Measure M2 Ordinance eligibility requirements.

F. The City of Santa Ana will provide a minimum of 25% matching funds for the Project O projects as required by the Orange County Comprehensive Transportation Funding Programs Guidelines.

G. The Orange County Transportation Authority intends to allocate funds for transportation improvement projects, if approved, within the incorporated cities and the County.

H. The City of Santa Ana authorizes a formal amendment to the seven-year Capital Improvement Program to add projects approved for Measure M2 funding upon approval from the Orange County Transportation Authority Board of Directors, if necessary.

City Council 20 – 5 11/4/2025
Resolution No. 2025-XXX

Section 2. The City Council of the City of Santa Ana hereby approves the formal submissions of the projects described below to the Orange County Transportation Authority for funding under the OCTA’s Comprehensive Transportation Funding Program and requests that the OCTA allocate funds in the amounts specified in the City of Santa Ana’s submissions. Said funds shall be matched by funds from the City of Santa Ana as required and shall be used as supplemental funding to aid the City of Santa Ana in the improvement of the following street(s). “ACE” shall mean Arterial Capacity Enhancement and “ICE” shall mean Intersection Capacity Enhancements.

PROJECT PROGRAM FY
Fairview Street Improvements (9th Street to 16th Street) ACE 26/27 Fairview Street Improvements (17th Street to Trask Avenue) ACE 26/27 Section 3. The City Council of the City of Santa Ana appoints the City Manager, or the Executive Director of the Public Works Agency or his or her designee, as agent for the City of Santa Ana to conduct all negotiations, and execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for allocation of the requested funds to Santa Ana.

Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.

ADOPTED this ___ day of ___________, 2025.

Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:

Kyle Nellesen
Assistant City Attorney
City Council 20 – 6 11/4/2025
Resolution No. 2025-XXX

AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, _________, Jennifer L. Hall, do hereby certify the attached Resolution No. 2025- ____ to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2025.

Date:

City Clerk
City of Santa Ana
City Council 20 – 7 11/4/2025
Resolution No. 2025-XXX

RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING THE SUBMITTAL OF

IMPROVEMENT PROJECTS TO THE ORANGE COUNTY

TRANSPORTATION AUTHORITY FOR FUNDING UNDER

THE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION

PROGRAM

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

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

A. The Measure M2 Regional Traffic Signal Synchronization Program targets over 2,000 signalized intersections across Orange County to maintain traffic signal synchronization, improve traffic flow, and reduce congestion across jurisdictions.

B. The City of Santa Ana has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive revenues as part of Measure M2.

C. The City of Santa Ana must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirement.

D. The City of Santa Ana authorizes a formal amendment to the seven-year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors, if necessary.

E. The City of Santa Ana has currently adopted a Local Signal Synchronization Plan consistent with the Regional Traffic Signal Synchronization Master Plan as a key component of local agencies’ efforts to synchronizing traffic signals across local agencies’ boundaries.

F. The City of Santa Ana will provide matching funds for each project as required by the Comprehensive Transportation Funding Programs Procedures Manual.

G. The City of Santa Ana will not use Renewed Measure M funds to supplant Developer Fees or other commitments.

City Council 20 – 8 11/4/2025
Resolution No. 2025-XXX

H. The City of Santa Ana desires to implement multi-jurisdictional signal synchronization listed below.

Section 2. The City Council of the City of Santa Ana hereby approves the formal submissions of the projects described below to the Orange County Transportation Authority for funding under the OCTA’s Regional Traffic Signal Synchronization Program and requests that the OCTA allocate funds in the amounts specified in the City’s submissions. Said funds shall be matched by funds from Santa Ana as required and shall be used as supplemental funding to aid the City in signal synchronization along the following street(s):

PROJECT PROGRAM FY
Section 3. The City Council of the City of Santa Ana appoints the City Manager, or his or her designee, as agent for the City of Santa Ana to conduct all negotiations, and execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for allocation of the requested funds to Santa Ana.

Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.

ADOPTED this ____ day of ___________________, 2025.

Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:

Kyle Nellesen
Assistant City Attorney
4th Street/Irvine Boulevard Regional Traffic Signal Synchronization RTSSP 26/27 City Council 20 – 9 11/4/2025
Resolution No. 2025-XXX

AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby certify the attached Resolution No. 2025- ____ to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2025.

Date:

City Clerk
City of Santa Ana
City Council 20 – 10 11/4/2025
Community Development Agency
www.santa-ana.org/cd
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 4, 2025
TOPIC: Adopt an Amendment to the Affordable Housing Funds Policies and Procedures

AGENDA TITLE
Adopt an Amendment to the Affordable Housing Funds Policies and Procedures

RECOMMENDED ACTION
Approve recommended changes to the Affordable Housing Funds Policies and Procedures.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
Staff recommends that the City Council approve revisions to the City’s adopted Affordable Housing Funds Policies and Procedures (“Policies”) to prevent situations in which the Council is asked to approve a “pre-loan commitment” or “pre-loan commitment letter” if the project is not consistent with the City’s General Plan Land Use Element and Zoning Classification. The proposed revisions aim to ensure that funding decisions occur only if the project is consistent with these foundational regulatory frameworks, thereby avoiding the appearance that project outcomes are predetermined and strengthening the transparency and integrity of the City’s review and decisionmaking process.

This recommendation is responsive to a conflict situation highlighted by a recent proposal submitted to the Community Development Agency (“CDA”) by Habitat for Humanity of Orange County (“Habitat”). The Habitat proposal requests a pre-loan commitment by the City to a housing project with more units proposed on a property than permissible under the existing General Plan Land Use Element and Zoning Classification, thereby requiring Planning Commission and City Council approval of a zone change and general plan amendment. Even though the pre-loan commitment is consistent with past practices and the approval would have a condition that the project developer must obtain all necessary land use approvals and entitlements from the City, in this situation, the pre-loan commitment puts the City Council in a position of having to approve funding even though the project is not consistent with the General Plan Land Use Element and the Zoning Classification and has not undergone the public decisionmaking process.

City Council 21 – 1 11/4/2025
Adopt an Amendment to the Affordable Housing Funds Policies and Procedures November 4, 2025

Revising the Policy as shown in the text below (underlined & strikethrough) would require a determination from the Executive Director of the Planning and Building Agency to certify that the project is consistent with the City’s General Plan Land Use Element and Zoning Classification. This determination would need to be issued prior to a preloan commitment letter’s approval in order to strengthen the transparency and integrity of the City’s decision-making process, and ensure consistency with the General Plan Land Use Element and Zoning Classification.

Projects that are consistent with the City’s General Plan Land Use Element and Zoning Classification, but require approvals including, but not limited to, a Tentative Tract Map, Design Review, Conditional Use Permit, Density Bonus Agreement, and entitlements of a similar nature, can proceed with a pre-commitment letter following the determination by the Executive Director of the Planning and Building Agency.

Recommended Revisions to Section IV. Pre-Loan Commitment of the Policies:
“Following the RFP Process, Proposal Review, Determination of Reasonable Costs and Financial Feasibility, and the proposed project has received a determination from the Executive Director of the Planning and Building Agency that the proposed project is consistent with the City’s General Plan Land Use Element and Zoning Classification conditional on meeting the other requirements and conditions outlined above, a pre-loan commitment letter may be drafted by the Housing Division, reviewed and approved by the Housing Division Manager, the City Attorney’s Office, and the Executive Director of Community Development, before being recommended for approval. For the purposes of this Policy, the Executive Director of the Planning and Building Agency shall evaluate consistency with the City’s General Plan Land Use Element and Zoning Classification based on the proposed project’s land use, maximum proposed floor area ratio (FAR), and maximum proposed dwelling units per acre (du/ac).

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

EXHIBIT(S)

1. Affordable Housing Funds Policies and Procedures (Underline and Strikethrough Version)
Submitted By: Michael L. Garcia, Executive Director, Community Development Agency Approved By: Alvaro Nuñez, City Manager
City Council 21 – 2 11/4/2025
Affordable Housing Funds
Policies and Procedures
City of Santa Ana
Housing Division
and
Housing Authority of the
City of Santa Ana
Originally Adopted March 20, 2018
1 st Amendment: August 18, 2020
Exhibit 1
City Council 21 – 3 11/4/2025
Affordable Housing Funds Policies and Procedures Page 2

TABLE OF CONTENTS
I. INTRODUCTION 7
II. TYPES OF LOANS AND GRANTS 8
III. PROPOSAL SUBMITTAL AND REVIEW PROCEDURES 9
IV. PRE-LOAN COMMITMENT 19
V. LOAN TERMS AND CLOSING PROCEDURES 20
VI. PROJECT MONITORING AND REPORTING 22
VII. FUNDING SOURCES 23
Low and Moderate Income Housing Asset Fund 23
Inclusionary Housing Fund 26
HOME Investment Partnerships Program 28
Community Development Block Grant Program 32
Project-Based Voucher Program 34
Exhibit 1
City Council 21 – 4 11/4/2025
Affordable Housing Funds Policies and Procedures Page 3

PURPOSE
On June 20, 2017, the City Council for the City of Santa Ana directed staff to develop a policy to allocate affordable housing development funds and criteria for selection of projects. These policies and procedures have been developed to guide how affordable housing funds and land assets available to the City of Santa Ana are allocated, committed, loaned and monitored for multi-family affordable housing development in the City.

INTENT
The intent of these policies and procedures is to provide a transparent, open and fair process for developers, businesses, non-profit organizations, individuals and other entities interested in the allocation of scarce affordable housing funds and land assets available to the City for affordable housing development.

Exhibit 1
City Council 21 – 5 11/4/2025
Affordable Housing Funds Policies and Procedures Page 4 Definitions
Available Funds: The total amount of Inclusionary Housing Funds, HOME Investment Partnerships Program, Community Development Block Grant Program, Project-Based Voucher Program, Low and Moderate Income Housing Asset Funds (Housing Successor Agency Funds) and/or any other funds received by the City of Santa Ana for housing purposes as published on a quarterly basis in the Housing Division Quarterly Report. Inclusionary Housing Fund In-Lieu Fee pending payments and any other funds that have not yet been received by the City shall not be considered Available Funds.

Affordability Restrictions: Covenants that shall run with the land and bind a property owner, its successors, its assignees and every successor in interest to a property that the property owner will make all subsidized rental units on the property available to extremely-low, very-low, low and/or moderate-income households at rents affordable to such households for at least fifty-five (55) years unless superseded by the regulations for an applicable program fund.

City: The City of Santa Ana when using the Inclusionary Housing Fund, HOME Investment Partnerships Program, and/or Community Development Block Grant Program funds; or the Housing Authority of the City of Santa Ana when using the Project-Based Voucher Program and/or Low and Moderate Income Housing Asset Fund (Housing Successor Agency Fund).

Community Housing Development Organization (CHDO): A private nonprofit housing development corporation which meets a series of HUD qualifications prescribed in the HOME Program regulations, including the requirement that it is duly organized to provide decent housing that is affordable to low- and moderate-income persons; maintains at least one-third of its governing board’s membership for residents of low-income neighborhoods, other low-income residents, or elected representatives of low-income neighborhood organizations; and, provides a formal process for low-income program beneficiaries to advise the organization in its decisions regarding the design, siting, development, and management of affordable housing.

Community Based Development Organization (CBDO): A Housing Development Corporation which meets the requirements of the CDBG Program regulations as defined in 24 CFR 570.204(a)(2)(c)(1), as amended from time to time.

Congregate Housing: A multi-family residential facility with shared kitchen facilities, deedrestricted or restricted by an agreement approved by the City for occupancy by low or moderate income households, designed for occupancy for periods of six months or longer, providing services which may include meals, housekeeping and personal care assistance as well as common areas for residents of the facility.

Deed of Trust: Legal title in the property that is transferred to the City, which holds it as security for a loan provided by the City.

Development of Affordable Housing: The process of creating affordable housing through acquisition and/or rehabilitation of eligible properties for rental or transitional housing; Exhibit 1
City Council 21 – 6 11/4/2025
Affordable Housing Funds Policies and Procedures Page 5 acquisition and conversion of non-residential property to multifamily rental housing units; and/or new construction of housing units for rental housing.

Extremely Low-Income Household: Households with incomes that do not exceed 30% of the Orange County area median income, adjusted for household size, as published by the U.S.

Department of Housing and Urban Development (HUD) from time to time.

Fair Market Rents: Maximum rents as published by HUD for the Housing Choice Voucher Program for Orange County, adjusted for unit size.

Grant: Transfer of funds for purposes of financing the development of affordable housing, on the condition that grantee remains in full compliance with the Regulatory Agreement. Unlike a loan, the grant only becomes due and payable in the event that grantee is in default of the Regulatory Agreement.

Nonprofit Housing Development Corporation (HDC): A private, nonprofit corporation with proven capacity to develop, own and operate housing, and which has a valid 501(c)(3) or (4) designation from the IRS.

Limited Equity Cooperative: A form of ownership whereby the residents form a cooperative corporation which owns and manages the property, and where the return on residents' original equity is limited to no more than 10%, as defined in the California Health and Safety Code Section 33007.5.

Loan Agreement: A loan of program funds for purposes of developing affordable housing with a Promissory Note secured by a Deed of Trust and Affordability Restrictions on the property.

Qualified Developer: A non-profit or for-profit affordable housing developer with proven capacity to develop, own and operate affordable housing.

Low-Income Household: Households with incomes that do not exceed 80% of Orange County area median income, adjusted for household size, as published by the U.S. Department of Housing and Urban Development (HUD) from time to time.

Maximum Affordable Rent: A rent which does not exceed thirty percent (30%) of the maximum income level of the income group being served (see "Low and Moderate Income Households"), adjusted for unit size and utility costs.

For Low and Moderate Income Housing Asset Fund: the Maximum Affordable Rent for households with incomes that do not exceed 120% of the area median income for Orange County shall be 30% of 110% of such median income.

Moderate-Income Household: Households with incomes that do not exceed 120% of the Orange County area median income, adjusted for household size, as published by the U.S. Department of Housing and Urban Development (HUD) from time to time.

Exhibit 1
City Council 21 – 7 11/4/2025
Affordable Housing Funds Policies and Procedures Page 6 New Construction: The construction of new housing, including, but not limited to, assembly of factory-built modular housing, or conventional on-site construction.

Notice of Completion: Written notice issued by the owner of a project (or his or her agent) to notify concerned parties that all work on the project has been completed.

Operating Reserve Account: An account established for the purpose of funding a deficit in the project’s operation.

Permanent Loan: A long-term (maturity period of 55 years) mortgage loan. Permanent loan financing is obtained after completion of construction, usually to repay the short-term (nonpermanent) construction loan.

Promissory Note: A “promise to pay” and evidence of an obligation of a borrower to the City for repayment of a Permanent Loan.

Rehabilitation: Correction of local code violations and removal of health and safety hazards; upgrading of housing units to decent, safe and sanitary conditions to comply with the Housing Quality Standards promulgated by HUD and with local standards; repair or replacement of major building systems or components in danger of failure; and alterations, additions and improvements to expand the number of affordable units, or needed to improve the basic livability, energy efficiency, accessibility for the disabled, or security of the property, and to reduce overcrowding.

Replacement Reserve Account: An account established for the purpose of funding major repairs or replacement of capital components of a building which reach the end of their economic life and require replacement.

Residual Receipts: The gross receipts from the property, less actual costs of operation, administration, maintenance, taxes, insurance, utilities, management, approved replacement and operating reserves, payments of principal and interest on loans senior to the City loan(s), and required debt service coverage. The amount of Residual Receipts shall be calculated based on the actual income and expenses set forth in the Annual Operating Budget required under the Regulatory Agreement or recorded Affordability Covenants, as approved by the City.

Transitional Housing: A type of supportive housing used to facilitate the movement of homeless individuals and families to permanent housing. Typically, transitional housing is housing in which homeless people live for up to 24 months and receive supportive services that enable them to live more independently. The supportive services may be provided by the organization managing the housing or coordinated by them and provided by other public or private social service agencies.

Very Low-Income Household: Households with incomes that do not exceed 50% of the Orange County area median income, adjusted for household size, as published by the U.S. Department of Housing and Urban Development (HUD) from time to time.

Exhibit 1
City Council 21 – 8 11/4/2025
Affordable Housing Funds Policies and Procedures Page 7 I. INTRODUCTION
The City of Santa Ana provides financial assistance to support the acquisition, rehabilitation, and new construction of properties to preserve and increase affordable housing opportunities for lower income households through the following Programs:
• Low and Moderate Income Housing Asset Fund (Housing Successor Agency Fund) including land assets owned by the Housing Successor Agency • Inclusionary Housing Fund
• HOME Investment Partnerships Program (HOME)
• Community Development Block Grant Program (CDBG)
• Project-Based Voucher Program (PBV)
Under these Funds and Programs (“Programs”), the City provides deferred payment loans and/or grants to bridge the financial gap between available resources, including the borrower's/grantee’s equity and private financing, and the costs of developing affordable multi-family housing. The Affordable Housing Funds Policies and Procedures (“Policies and Procedures”) provides an overview of the types and terms of loans which are available, proposal requirements, review procedures, selection criteria, loan commitment and closing procedures, and project monitoring and reporting requirements of these varied Programs within one comprehensive source of reference. [Throughout this document, loans and grants may be referred to collectively as “loans” except when the terms are unique to a loan or to a grant.] These requirements are minimum requirements for participation in City Programs and are subject to approval by City Council. Meeting these requirements does not guarantee participation in any Program. The City reserves the right to require additional qualifications for individual projects. The City reserves the right to reject any and all proposals.

At a minimum these Policies and Procedures will be compared and reviewed to the City’s progress to achieve the goals in the Housing Element each year. If it is determined that the City is not making adequate progress to achieve the goals of the Housing Element, staff will review these Policies and Procedures to determine whether they should be amended to more effectively achieve the goals of the Housing Element.

These Programs are administered by the Housing Division of the City of Santa Ana (under the direct supervision of the Housing Division Manager, the direction of the Executive Director of Community Development, and the general supervision of the City Manager).

These Policies and Procedures should be interpreted in conjunction with Federal, State, and City statutes and regulations governing the use of these funds. In the event of a conflict between these Policies and Procedures and such statutes and regulations, the requirements of those statutes and regulations shall prevail. All projects must comply with all applicable statutes and regulations, which may include federal requirements contained in 24 CFR 92, 570, 982, and 983, including, but not limited to, environmental reviews, labor and wage requirements, debarred contractors, lead-based paint and equal opportunity. Leveraging of City dollars (to the extent possible) with outside funding sources will continue to be a priority to preserve and increase affordable housing opportunities for low income households.

Exhibit 1
City Council 21 – 9 11/4/2025
Affordable Housing Funds Policies and Procedures Page 8 II. TYPES OF LOANS AND GRANTS
Program funds may be used for development loans for the following eligible purposes:
(1) The purchase of existing multi-family or other buildings for rent or sale to low- and very low-income households and for the development of congregate housing for rent to low- and very low-income persons with special needs (e.g. homeless individuals and families, elderly, persons with a disability). Except for congregate housing, existing buildings shall consist of four or more units, unless the Housing Division Manager finds that a substantial public benefit will be provided by a project consisting of less than 4 units.
(2) The purchase or lease of land and buildings for new construction or rehabilitation of housing that may utilize available State and Federal housing assistance programs such as Low-Income Housing Tax Credits, the Section 202 Supportive Housing for the Elderly Program, tax-exempt bond financing, Section 811 Supportive Housing Program, and/or other available State and Federal programs. (3) The development of limited-equity housing cooperatives through either conversion or new construction.
(4) The provision of interim loan funds for any of the above purposes prior to the funding of a public or private loan. Eligible development costs for the above uses include, but are not necessarily limited to:
a. site acquisition and preparation;
b. rehabilitation of dwelling units, common areas and related structures; c. new construction;
d. carrying charges and financing fees;
e. architectural, legal, and organizational fees;
f. temporary or permanent tenant relocation costs; and
g. developer fees consistent with the policies described in Section IV below.

Exhibit 1
City Council 21 – 10 11/4/2025
Affordable Housing Funds Policies and Procedures Page 9 III. PROPOSAL SUBMITTAL AND REVIEW PROCEDURES
Proposal Submittal
All Proposals for Program funds shall be submitted to the Housing Division and shall be reviewed and recommended for approval to the Community Redevelopment and Housing Commission for its review and recommendation for City Council or Housing Authority approval through a transparent, open and competitive selection and review process as established in this section.

The competitive selection process will begin with a determination by Housing Division staff that the City has sufficient Available Funds to develop one or more affordable housing projects. If the City has sufficient Available Funds to develop one or more projects, the Housing Division, upon City Council approval, will issue a Request for Proposals (RFP), Request for Qualifications (RFQ) or Notice of Funding Availability (NOFA), collectively referred to as the “RFP Process” for a certain amount of Available Funds. The RFP Process will be open (“Open RFP Process”) and provide sufficient time for applicants to identify an eligible site and complete and submit a proposal in response to the RFP announcement. It will also align with annual funding cycles through the Low-Income Housing Tax Credit Program. The RFP Process will be open for at least one year with four (4) quarterly deadlines to submit a proposal scheduled throughout the year.

The RFP Process will be announced through notices to the following parties:
• Interested Developers and Nonprofit Organizations on the Housing Division’s RFP Process Database
o Developers and Nonprofit Organizations interested in being added to the RFP Process Database can do so by contacting the City’s Housing Division • Other affordable housing membership association resources (e.g. Southern California Association of Nonprofit Housing, Kennedy Commission, 2-1-1 OC) • Public Notice in the local newspaper
• Published on www.Planetbids.com
Proposals must meet the minimum requirements outlined in the RFP Process to ensure compliance with available funding sources’ regulations and requirements. Proposals will be received from qualified firms for projects consistent with the requirements of the Available Fund(s) issued through the RFP Process. Proposals shall not exceed the amount of the City’s total Available Funds as published on a quarterly basis in the Housing Division Quarterly Report.

A Qualified Developer (an “Applicant”) shall complete and submit to the Housing Division the Proposal for Program funds and prepare all required attachments and exhibits, including, but not limited to, the project proforma, budget, sources and uses, project management plan, tenant selection and marketing plan, relocation plan (if applicable), signed purchase agreement and escrow instructions, preliminary title report, and limited partnership documents (if applicable).

Exhibit 1
City Council 21 – 11 11/4/2025
Affordable Housing Funds Policies and Procedures Page 10 Proposal Review
After each deadline for the Open RFP Process, the Housing Division staff shall review the Proposal to determine that the minimum Program and RFP Process requirements are met (minimum threshold review). Proposals that do not meet the minimum threshold review will be considered non-responsive. If the Proposal meets the minimum threshold review, the Housing Division will form a Review Panel. The Review Panel for the RFP Process will consist of at least one employee from the City’s Public Works Agency, Planning and Building Agency, and Community Development Agency and one outside agency or government-entity. If an employee is not available in one department, a second employee may be requested from one of the other two departments so long as there are at least two of the three City Agencies represented on the Review Panel.

Using the scoring and selection criteria provided in the RFP Process and provided below, the Review Panel shall determine whether the proposal is recommended for a pre-loan commitment, with or without conditions. Including the scoring and selection criteria, the Review Panel shall review the design of the proposed project for appropriateness for the proposed target group, compatibility with surrounding uses, cost effectiveness of construction, and appropriateness of the design and construction for low maintenance and long term durability. Proposed projects must receive a minimum threshold score of 75 points to move forward with the proposal review process. If the Review Panel determines, in its discretion, that the Proposal may be recommended for approval, the Housing Division shall request an underwriting and subsidy layering review by a real estate advisor selected by the City. The real estate advisor shall confirm the underwriting for the Project, the financial gap, and other programmatic requirements related to the funding sources. If the Review Panel determines that the Proposal will not be recommended for approval (i.e. the Proposal does not meet the minimum threshold score of 75 points), the Developer will be notified in writing of the decision and the result will be published in the Housing Division Quarterly Report.

City Council Initiated Proposal Review
A Developer may submit a request for a sole source award of funding directly to the City Council (the request cannot exceed the amount of the City’s total Available Funds as published on a quarterly basis in the Housing Division Quarterly Report). At least one Councilmember must then submit a written request to staff to review the Developer’s proposal. After a written request has been received, staff will request a complete proposal from the Developer. After the proposal has met a minimum threshold review by staff, the project will undergo an underwriting and subsidy layering review analysis by a real estate advisor selected by the City, to be paid for by the Developer. After the analysis has been completed, staff will present the real estate advisor’s analysis and the proposal to City Council for direction without any recommendation(s) from staff on funding or not funding the project. If City Council requests a second real estate analysis to be conducted, the City will pay for the second analysis, not the developer.

Exhibit 1
City Council 21 – 12 11/4/2025
Affordable Housing Funds Policies and Procedures Page 11 By-Right Funding for Achieving City Goals and Objectives If at any time a developer proposes a project that is located in a zoning district permitting development of residential uses “by-right” and such approvals do not require any discretionary actions by the City, the developer may submit an application for by-right funding of extremely low-income affordable housing units. Staff may then form a Review Panel to consider the developer’s application for by-right funding as quickly as possible using the scoring and selection criteria from the Open RFP Process. This policy will expedite consideration of the developer’s application for by-right funding. Only units serving households at 30% Area Median Income and below may qualify for by-right funding under this application process. The maximum per unit subsidy shall not exceed the maximum limits established by HUD for the HOME Program at the time of submission of the application for by-right funding by the developer. Applications for by-right funding may only request Inclusionary Housing Funds from the City under the above-described process and the requested amount shall not exceed the amount of the City’s total Available Funds as published quarterly in the Housing Division Quarterly Report. However, funding is subject to the availability of actual Inclusionary Housing Funds. Additionally, the City reserves the right to amend these policies at any time, which could affect the availability of such funding, or to deny funding for any project that the City determines in its sole discretion does not align with the City’s goals and objectives for this program.

Three-Year Goals for By-Right Funding Proposals:

The City of Santa Ana has established the following Goals for the next three years, to be evaluated on an annual basis, for proposals submitted under this section. The Goals are linked to the Regional Housing Needs Assessment (RHNA) per the City’s Housing Element and based upon what affordable housing development projects that the City has in the pipeline for development and estimates/goals for Year 3:

Year
# of Extremely LowIncome Units at 30%
AMI
# of Very Low-Income
Units at 50% AMI
# of Low-Income Units
at 80% AMI
1 54 111 9
2 54 33 38
3 115 82 34
TOTAL 223 226 81
Competitive Selection Criteria
In selecting among competing project proposals, consideration shall be given to projects that meet the following General Principles:
• Significantly increase affordable housing opportunities for large families (three- and fourbedroom units). • Benefit a higher percentage of units for extremely low-income households with deeper affordability.
• Are cost effective with low operating costs (green building techniques). • Increase affordable housing opportunities for special needs populations, including homeless individuals and families, persons with a disability, and seniors. • Are located in areas currently underserved by affordable housing developments.

Exhibit 1
City Council 21 – 13 11/4/2025
Affordable Housing Funds Policies and Procedures Page 12 The following constitute the City’s general selection criteria, and may be modified from time to time to address practical requirements arising from a particular solicitation at the City’s discretion:

COMPETITIVE SELECTION CRITERIA

1. LEVEL OF AFFORDABILITY AND TARGET POPULATION
(Max. 25 Points)

ELIGIBLE
POINTS
Project significantly increases affordable housing opportunities for large families (three- and four-bedroom units) 10
Project provides a higher percentage of units for extremely low-income households with deeper affordability 10
Project increases affordable housing opportunities for special needs populations including, but not limited to, homeless individuals and families, and persons with a disability
5 Sub-total 25

2. TIMELINESS TO BUILD NEW HOUSING (Max. 20 Points)
Project has demonstrated site control 7
Project is zoned appropriately 5
Project does not have any other site-related issues 5
Project aligns with the City’s Housing Element, Strategic Plan, and/or 5-Year Consolidated Plan 3
Sub-total 20

3. PROPERTY MANAGEMENT EXPERIENCE AND SKILLS
(Max. 15 Points)
Project is energy efficient and incorporates green-building techniques 6 Applicant's ability to manage affordable rental units to ensure ongoing compliance with affordability requirements and long term financial solvency 3 Applicant's past experience in property management 3
Applicant's capacity and ability to quickly lease completed units 3 Sub-total 15

4. DEVELOPER EXPERIENCE AND SKILLS (Max. 15 Points)
Applicant's capacity and ability to obtain additional funding 4 Applicant's capacity and ability to obtain entitlements 4 Applicant's overall past and projected effectiveness to provide affordable housing 4
Applicant's past and projected effectiveness to manage the construction process and stay on schedule 3
Sub-total 15

5. LEVERAGING OF CITY FUNDS
(Max. 5 Points)
Applicant's potential or capacity to obtain additional financing 5 Sub-total 5
Exhibit 1
City Council 21 – 14 11/4/2025
Affordable Housing Funds Policies and Procedures Page 13

6. ANTICIPATED CASH FLOWS (Max. 15 Points)
Project's proposed development costs are reasonable and comparable 3 Project's proposed rents are realistic 3
Project's operating costs are realistic and reasonable 3 Project has sufficient operating and replacement reserves 3 Project is projecting a positive cash flow through affordability period 3 Sub-total 15

7. PROJECT LOCATION (Max. 5 Points)
Project is located in an area currently underserved by affordable housing 5 Sub-total 5
TOTAL ELIGIBLE POINTS 100
Developer Input on In-Lieu Fee Payments to the Inclusionary Housing Fund Under Section 41-1904(c)(3) of the Housing Opportunity Ordinance, a “Developer may provide input regarding what project the in lieu fees should be applied towards, but such input shall not be dispositive. The in-lieu fees collected by the City are City funds over which the City has complete and absolute discretion”. If a Developer chooses to provide input on the allocation of their in-lieu fees, input must be submitted in writing within no more than 90 calendar days from the date payment of the in-lieu fees are deposited with the City. The Developer’s request will be worth up to five (5) bonus points awarded to the applicant within the RFP Process through the Competitive Selection Criteria provided above. The bonus points do not guarantee that the project will be funded with the in-lieu fees paid by the Developer that provided the input.

Determination of Reasonable Costs and Financial Feasibility A real estate advisor shall review the Applicant's estimates and projections of rents, expenses, reserves and development costs in accordance with industry-standard underwriting guidelines.

The Applicant shall provide a proforma and background documentation on all costs for the analysis, as requested by the City. The City may recommend adjustments to cost and expense amounts as appropriate to conform to current market and industry standards. The total amount of the Program loan and all private loans shall not exceed the total development costs approved by the City.

The maximum allowable purchase price shall not exceed the appraised value as evidenced by an appraisal prepared by a California State Certified General Appraiser and approved by the Housing Division, which is dated not more than six (6) months prior to the date of the proposal.

The appraisal may not determine property value based solely on sales of properties financed by public agencies.

The maximum affordable mortgage amount shall be calculated using the rent schedule proposed by the Applicant as approved by the City, the proposed interest rate and terms of the primary loan(s), and reasonable operating allowances and reserves, including a reserve to amortize a mortgage, as needed.

Exhibit 1
City Council 21 – 15 11/4/2025
Affordable Housing Funds Policies and Procedures Page 14 The requested City loan for a project shall not exceed the total amount of the gap between the maximum affordable mortgage amount available from non-City sources plus funds available from other sources of public subsidy, and the total development costs plus any on-going annuity necessary to maintain affordable rent levels as defined in the Proposal.

All assisted units must maintain rents that do not exceed the Maximum Affordable Rent, as defined in the Loan Documents, for the life of the loan in accordance with the terms of the loan or other recorded Covenants. Syndicated projects must be structured such that ownership can feasibly be acquired by the nonprofit General Partner at the end of the term of the limited partnership agreement, when appropriate. When determining the maximum City loan, the real estate advisor will review the rent schedule and annual cash flows to determine whether longterm affordability is maintained. In cases where a rent subsidy program is used and the mortgage is calculated on the basis of the subsidized rents, an "affordability reserve" may be required, where the amount of the reserve shall be sufficient to cover the difference between affordable rents and the subsidized rents.

Developer Fee
For new construction, acquisition and rehabilitation projects utilizing Low-Income Housing Tax Credits, the developer fee shall not exceed the maximum fee allowed by the California Tax Credit Allocation Committee. The Housing Division Manager may require the developer to defer a portion of their developer fee, based upon an analysis by the real estate advisor, to make the project feasible, reduce the amount of Program funds being requested for the project, or both.

Developer Capacity
Applicants must demonstrate the capacity to successfully develop the proposed project. The City shall evaluate capacity on the basis of the Applicant’s track record in developing and managing affordable housing, or inclusion of development team members with a successful record in developing such housing. In addition, Applicants must demonstrate the financial and legal capacity to undertake the proposed project.

Clear Title
The Applicant shall have the responsibility to obtain clear title to the property. As soon as feasible, the Applicant will submit a preliminary title report for City review and written approval.

Staff shall review the state of title, including the conditions, covenants, restrictions, and legal description of the property. In the case of title issues, the Applicant shall correct the state of title and remove all exceptions to the title not consented to by the City before the City closes the loan.

Senior Financing
The Applicant shall secure other resources such as equity from syndication proceeds, tax exempt financing, federal and state housing rental and development subsidies and available private financing to minimize the amount of the City loan. The Applicant will submit to the City the terms and conditions of all non-City financing as well as equity contributions for review. The Exhibit 1
City Council 21 – 16 11/4/2025
Affordable Housing Funds Policies and Procedures Page 15 Applicant must submit projected cash flows for the term of the loan, showing the maximum possible increases (i.e. worst case scenario) in debt service per year, the projected rent and expense increases, the means of making up any deficits, and projected payments of Residual Receipts. The real estate advisor shall analyze the feasibility of the project to carry the loan(s), and if feasible will review the terms of the non-City financing.

The City may, at its sole discretion, calculate the mortgage amount at the terms and rates of available financing programs other than that proposed by the Borrower, if alternative terms and rates are available that would reduce the amount of City subsidy required, and would otherwise conform to the City/Agency requirements.

Management and Affirmative Marketing Plan
The Applicant shall prepare a Project Management Plan for City review and approval. The Plan shall describe the Applicant's policies and procedures concerning:
(1) Affirmative marketing and tenant selection procedures, including proposal procedures, prioritization of Santa Ana residents and workers (see Local Preference section below) where possible; waiting lists, and lease agreements; and marketing efforts and tenant selection procedures that will be used to attract eligible persons from all racial, ethnic and gender groups, as well as persons living with disabilities, in the housing market area to the available housing opportunities. The Plan should describe the protocols for keeping records of affirmative marketing activities and for keeping records of requests (from applicants and existing tenants) for all units assisted with affordable housing funds;
(2) Procedures for determining tenant eligibility and certifying incomes. The Plan should demonstrate sufficient outreach to disability-related service providers to ensure that accessible units are occupied to the extent possible by those households who need the accessibility features due to disability. The Plan should demonstrate that the Developer conducted sufficient outreach to persons that meet the qualifications identified in the Local Preference section below. An outreach plan and results from outreach efforts should be maintained by the developer and available to submit to the City upon request;
(3) Management/tenant relations and assistance to tenant organizations, including the training and use of tenants to perform maintenance and management functions as appropriate;
(4) Maintenance and repair services;
(5) On-site management facilities;
(6) Rent collection;
(7) Records and reporting requirements;
(8) Personnel and staffing;
(9) Compliance with all tenant protection laws, including Building and Health and Safety Codes;
(10) Fee schedule; and
(11) Any other relevant issues requested by the City to be addressed.

Exhibit 1
City Council 21 – 17 11/4/2025
Affordable Housing Funds Policies and Procedures Page 16 No person shall on the grounds of race, marital status, sex, color, age, religion, national origin, ancestry, immigration status, physical disability, AIDS, sexual orientation, or any other protected class, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with these funds.

Local Preference
Local preference for Santa Ana residents and workers in tenant selection shall be a requirement of the City’s Affordable Housing Funds and Programs. Local preference shall be a requirement of the HOME, CDBG, and PBV Programs only if permitted by the federal government.

In evaluating a loan request, staff shall evaluate a loan applicant’s effectiveness in achieving the City’s local preference goals and give priority to those loan applicants who administer their wait lists using sorting protocols which result in outcomes where households who live or work in Santa Ana are beneficiaries of City-funded affordable housing.

Subject to applicable tenant income limits and any preferences required by the laws of the United States or the State of California (including, but not limited to, laws and regulations governing nondiscrimination and preferences in housing occupancy), the Borrower shall give preference in leasing units in the following order of priority:

1. First priority shall be given to persons who have been permanently displaced or who face permanent displacement from housing in Santa Ana as a result of any of the following:
a. A redevelopment project undertaken pursuant to California’s Community Redevelopment Law (Health & Safety Code Sections 33000, et seq.) -- applicable only to projects funded by the Low-Moderate Income Housing Asset Fund. b. Ellis Act, owner-occupancy, or removal permit eviction; c. Earthquake, fire, flood, or other natural disaster;
d. Cancellation of a Housing Choice Voucher HAP Contract by property owner; or e. Governmental Action, such as Code Enforcement.

2. Second priority shall be given to persons who are either:
a. Residents of Santa Ana and/or
b. Working in Santa Ana at least 32 hours per week for at least the last 6 months. c. Persons who seek to reside in Santa Ana as an accommodation to a mental or physical disability.

Regarding any “accessible units” that are required as part of a multifamily development, such accessible units should be first offered to existing occupants of the building (if applicable) who are not occupying an accessible unit and who have indicated a need for the features of an accessible unit. If no existing occupants of the building have indicated the need for the features of an accessible unit, or if the building is being leased for the initial occupancy, then such accessible units should first be offered to applicants who have indicated the need for the features of an accessible unit, inclusive of the preferences above. The application of preferences may not conflict with Section 504 of the Rehabilitation Act of 1973, 24 C.F.R. §100.202, and any other preemptive laws that may be enacted regarding fair housing for persons living with disabilities.

Exhibit 1
City Council 21 – 18 11/4/2025
Affordable Housing Funds Policies and Procedures Page 17 “Accessible units” refers to those units which were originally approved by the City specifically as accessible units and which provide specific features to address the needs of persons living with mobility impairments or persons living with sensory impairments.

Environmental Review
Project sites must be free from adverse environmental impacts or the proposed project must successfully mitigate these impacts. The City shall assess the environmental effects of each activity proposed to be carried out with City funding in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) and the California Environmental Quality Act (CEQA), as applicable. For projects subject to NEPA review, no loan funds (except for activities normally exempted from the environmental clearance requirements in 24 CFR Part

58.34) shall be released until the environmental review is completed, the notice of finding and environmental assessment results are published, and the 15-day public comment period expires.

Prevailing Wages
Any contract for construction (rehabilitation or new construction) of affordable housing with 12 or more units assisted with HOME Program funds, 8 or more units if the project is assisted with CDBG Program funds, or 9 or more units if the project is assisted with PBV Program funds, must contain a provision requiring that not less than the prevailing wages paid in the locality, as determined by the Secretary of Labor pursuant to the Davis-Bacon Act, will be paid to all laborers and mechanics employed in the development of the project. Contractors and subcontractors must comply with regulations issued under this Act and pertaining to labor standards and HUD Handbook 1344.1.

Relocation
If necessary, the Applicant shall develop a plan for temporary relocation or permanent voluntary relocation, where necessary, for review by the City. The Relocation Plan shall be in accord with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42, and the California Relocation Assistance Act, where applicable. There shall be no permanent involuntary tenant displacement.

In cases where tenants will be voluntarily displaced, the Applicant must submit a copy of a letter to each tenant which details the tenant’s rights to relocation assistance. In the case of a tenant’s waiver of relocation payments, the Applicant must submit a letter signed by the tenant indicating the tenant’s knowing and voluntary waiver of any relocation assistance. In the absence of these items, the Applicant/“other displacing entity,” as that term is defined under applicable state or federal law will be responsible for paying the tenant the appropriate level of relocation assistance.

Contracting Requirements
All Applicants will be required to submit an affirmative action/equal employment opportunity plan indicating the methods that they will use to encourage the participation of certified Minority Exhibit 1
City Council 21 – 19 11/4/2025
Affordable Housing Funds Policies and Procedures Page 18 Business Enterprise/Women Owned Business Enterprise (MBE/WBEs) in their development project. City staff will review the plan and competitive bid and selection process to ensure that required procedures have been followed. City staff will also monitor construction to ensure that MBE/WBEs are participating in the project as indicated in the construction contract.

All work shall be completed by State-licensed contractors which shall have Santa Ana business licenses. All contracts must comply with competitive bidding requirements. All efforts shall be made by the private owner or the Borrower to provide equal opportunity for employment without discrimination as to race, marital status, sex, color, age, religion, national origin, ancestry, physical disability, AIDS, sexual orientation, or any other protected class, in seeking contractors and subcontractors.

Exhibit 1
City Council 21 – 20 11/4/2025
Affordable Housing Funds Policies and Procedures Page 19 IV. PRE-LOAN COMMITMENT
Pre-Loan Commitment
Following the RFP Process, Proposal Review, Determination of Reasonable Costs and Financial Feasibility, and the proposed project has received a determination from the Executive Director of the Planning and Building Agency that the proposed project is consistent with the City’s General Plan Land Use Element and Zoning Classification, conditional on meeting the other requirements and conditions outlined above, a pre-loan commitment letter may be drafted by the Housing Division, reviewed and approved by the Housing Division Manager, the City Attorney’s Office, and the Executive Director of Community Development, before being recommended for approval. For the purposes of this Policy, the Executive Director of the Planning and Building Agency shall evaluate consistency with the City’s General Plan Land Use Element and Zoning Classification based on the proposed project’s land use, maximum proposed floor area ratio (FAR), and maximum proposed dwelling units per acre (du/ac). The letter shall state the maximum amount of program funds reserved for the project and list all of the additional conditions, documents and steps that must be taken by the Borrower prior to loan closing.

After the pre-loan commitment letter has been drafted, staff will prepare a written staff report recommending a commitment of funds for a proposal and explaining the reasons for the commitment. The recommendation will be made first by the Housing Division to the Community Redevelopment and Housing Commission (CRHC) to issue the commitment of program funds to the project in the form of an award of program funds. If recommended by the CRHC to City Council, a recommendation will then be made by the Housing Division to the City Council and/or Housing Authority for final approval of the commitment of program funds by motion adopted by the affirmative votes of at least two-thirds (2/3) of the members.

If approved by City Council and/or the Housing Authority, a notice of the issuance of the preloan commitment shall be posted publicly, and a copy of such notice shall be published in a newspaper of general circulation, no later than 21 days after the commitment is issued.

Upon issuance of a pre-loan commitment letter, the Housing Division shall work with the Developer to secure all of their remaining financing. If the conditions and projections for the project rent schedule or non-City loans changes or is modified after the pre-loan commitment letter is issued, a second underwriting and subsidy layering analysis will be conducted by a real estate advisor.

Conflict of Interest
No person who is an employee, agent, consultant, officer, or elected official or appointed official of the City who exercises or has exercised any function or responsibility regarding activities assisted with Program funds or who is in a position to participate in a decision making process or gain inside information concerning these activities, may obtain a financial interest or benefit from an activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter.

Exhibit 1
City Council 21 – 21 11/4/2025
Affordable Housing Funds Policies and Procedures Page 20 V. LOAN TERMS AND CLOSING PROCEDURES
Loan Terms
Permanent loans that are not grants shall be due and payable in no more than fifty-five (55) years subject to the terms of the applicable Loan Agreement and recorded Affordability Restrictions.

If a developer requests a shorter term loan, the City would be willing to negotiate. However, except for certain HOME funded projects, the Affordability Restrictions shall remain in effect for at least 55 years.

Purchase Option
At the end of the permanent loan term, the City may have the option to take title to the property in accordance with the terms of an option agreement if the owner of the property decides to sell Interest Rates for Loans
The interest rate shall be set at either:
(1) The rate established by the Federal Home Loan Mortgage Corporation for the average conventional commitment of a fixed rate, thirty-year (30) mortgage, and shall be compounded annually; or
(2) When necessary to secure investor equity, interest rates of affordable housing projects that include tax credits or conventional lenders, at 3% simple interest; or (3) When the City loan is in a subordinate position to a first trust deed capital advance/loan made under the U.S. Department of Housing and Urban Development (HUD) Section 202 or Section 811 Programs, the interest rate shall not exceed the highest permissible rate on the applicable HUD Section 202 or Section 811 Program mortgages, under authority of Chapter 24 of the Code of Federal Regulations (CFR), Subpart 885.410(g); or
(4) When required to meet federal subsidy layering guidelines, at the Applicable Federal Rate (that rate established by the Internal Revenue Service pursuant to Section 1274(d)(1) of the Internal Revenue Code).

Loan Payments
Payments on permanent loans shall be made as follows:
(1) Payments of principal and interest shall be made annually to the City in an amount equal to 50% of project Residual Receipts, if any. Payments shall be applied first to accrued interest, and then to principal.

Exhibit 1
City Council 21 – 22 11/4/2025
Affordable Housing Funds Policies and Procedures Page 21 (2) The Borrower may elect to prepay the loan prior to the end of the term. However, the Regulatory Agreement or recorded Affordability Covenants shall remain in full force and effect for its term regardless of any prepayment.
(3) If the Borrower violates the terms of the Regulatory Agreement or recorded Affordability Covenants such that the City declares the loan in default, the entire amount of unpaid principal plus accrued interest at the rate established at the time of closing shall be due based on the terms of the agreement.
(4) Unless paid in full earlier, the remaining principal balance of the loan and accrued interest shall be due and payable at the end of the term of the Promissory Note. Where necessary to meet requirements of third party investors and with approval of the Housing Division Manager, the City may allow the remaining principal and accrued but unpaid interest to be payable only to the extent that the fair market value of the Project exceeds the principal balance of the existing indebtedness secured by the property.

Security
The loan shall be secured as follows:
(1) The loan shall be secured by a Deed of Trust and Promissory Note which may be subordinated to Deeds of Trust securing other Federal, State, City loans, or loans from conventional financing institutions used in conjunction with the loan on the same property. The City must approve all requests for subordination. (2) The loan shall be further secured by a Regulatory Agreement or recorded Affordability Covenants to assure that Program funds are used to provide long-term affordable rental housing opportunities for low-, very low-, and extremely low-income households, as applicable. The Borrower and the City shall execute the Regulatory Agreement or recorded Affordability Covenants regulating project rents, tenant selection procedures, use of project income, management and maintenance, transfer of property, and permitted forms of ownership and use. The Regulatory Agreement or recorded Affordability Covenants shall be recorded with the Deed of Trust.

Loan Closing Procedures
After the developer has secured all of their remaining non-City financing (e.g. Low-Income Housing Tax Credits), the Housing Division will prepare draft loan documents following the Loan Terms above, including a draft Loan Agreement, Promissory Note, Deed of Trust (or other appropriate security as determined by the Housing Division Manager), and Regulatory Agreement or recorded Covenants, and submit them to the City Attorney’s Office for review and approval as to form. Requirements for a Regulatory Agreement or recorded Covenants may be waived in the case of a project which is funded under the HUD Section 202 or Section 811 Program.

After the loan documents have been finalized, a recommendation will be made by the Housing Division to the CRHC to approve the loan documents. If recommended by the CRHC to City Council, a recommendation will then be made by the Housing Division to the City Council and/or Housing Authority for final approval of the loan documents by motion adopted by the affirmative votes of at least two-thirds (2/3) of the members. Funds may be disbursed following execution and recording of the Loan Documents by the Borrower and the City Manager, and compliance with all commitment conditions. Staff shall submit a request for release of funds Exhibit 1
City Council 21 – 23 11/4/2025
Affordable Housing Funds Policies and Procedures Page 22 required for loan closing to the Executive Director of Finance. The Executive Director of Finance may then authorize release of loan funds into an escrow account established for the loan closing with instructions for disbursement.

VI. PROJECT MONITORING AND REPORTING
The Housing Division shall monitor the project during rehabilitation or construction as needed for compliance with any loan documents and applicable City, State and/or Federal regulations.

The Housing Division shall request notification of the final inspection and final construction release from the primary lender, and shall review management practices and reporting procedures with the borrower and project management agent at that time for full compliance with Program requirements. A copy of the Notice of Completion for the project shall be submitted to the Housing Division at the time the Notice is recorded.

Borrowers shall be required to certify annually that they have complied with affirmative marketing and tenant selection procedures, and shall submit an annual report to the Housing Division in the form specified by the Division. The Housing Division shall monitor compliance with any Regulatory Agreement or recorded Affordability Covenants, the loan documents, and applicable City, State and/or Federal regulations on an annual basis. Additional details regarding the monitoring process will be included as part of the final Loan Documents.

Fair Housing and Equal Opportunity
Borrower shall post notices stating that a housing project is subject to Fair Housing and Equal Employment Opportunity requirements of 24 CFR 92.350 and 351 at each project site.

Establishment and Use of Reserve Funds
Upon completion of project construction, the borrower will be required to capitalize a reserve fund in an amount determined by the City and make annual contributions to the fund. The reserve fund can be used for expenditures related to necessary structural and equipment replacements and improvements of a capital nature, and is not intended to be used for ordinary maintenance items.

Annual Reporting by the Housing Division
On a quarterly basis, the Housing Division shall prepare a report to the CRHC for its review and recommendation for City Council approval. The quarterly report shall include details on at least the following items:
(1) Loan Activity;
(2) Loan Portfolio Management and Monitoring;
(3) Proposals that were submitted during the previous quarter under the RFP Process but were not recommended for approval by a Review Panel;
(4) Affordable Housing Projects under Development; and
(5) Available Funds for Affordable Housing Development Projects.

Exhibit 1
City Council 21 – 24 11/4/2025
Affordable Housing Funds Policies and Procedures Page 23 VII. FUNDING SOURCES
Low and Moderate Income Housing Asset Fund
(Housing Successor Agency Fund)
Source of Funds
Funding sources for this program are generated from proceeds from the sale of former Redevelopment Agency housing assets, residual receipts from former Redevelopment Agency assets (i.e. loans), as well as a portion of the loan repayments from the former Redevelopment Agency to the City. Sources are set aside for the purpose of increasing, improving and preserving the community’s supply of low and moderate income housing as stipulated by California Health and Safety Code Section 34176. (Further information on grant terms provided in Section III).

This fund includes land assets owned by the Housing Authority acting as the Housing Successor Agency that must be developed for affordable housing or sold at or above fair market value to increase the Low and Moderate Income Housing Asset Fund.

Eligible Borrowers/Grantees
Eligible borrowers are nonprofit Housing Development Corporations (HDC’s) duly organized to promote and undertake community development activities on a not-for-profit basis, or for-profit housing developers or development corporations, with proven capacities to develop, own, and operate affordable housing. Limited partnerships whose general partners are otherwise eligible under the above are also eligible to borrow Program funds.

Eligible Projects
All new construction projects shall be affordable to households whose income, as adjusted for household size, does not exceed 80% of area median income.

Eligible acquisition and/or rehabilitation projects will:
(1) have four or more apartments or be congregate housing or mobile home units, except where the Housing Division Manager finds that the project will provide a substantial public benefit;
(2) be in need of rehabilitation as defined herein;
(3) be located in the City of Santa Ana;
(4) be free from significant adverse environmental conditions, except those that can be mitigated at a reasonable cost through rehabilitation; and, (5) minimize tenant displacement.

Eligible Uses and Activities
Program funds can be used to make loans or grants to eligible borrowers who will provide affordable housing, principally for low- and moderate-income households. Eligible uses of deferred payment loan funds or grants include, but are not limited to, the following:

Exhibit 1
City Council 21 – 25 11/4/2025
Affordable Housing Funds Policies and Procedures Page 24 (1) acquisition and/or rehabilitation of eligible properties for rental or transitional housing;
(2) acquisition and conversion of non-residential property to multifamily rental housing units; and
(3) new construction of housing units for rental or transitional housing.

Affordability Requirements
As required by State law, all projects shall be targeted to households earning 80% or less of the area median income, based on the State of California Housing and Community Development income and rent limits. State law also requires that at least thirty percent (30%) shall be expended for rental housing affordable to and occupied by “low-income” households does not exceed thirty percent (30%) of the area median income and no more than twenty percent (20%) affordable to and occupied by households between 60% of the area median income and 80% of the area median income.

Units are considered affordable when the rent, less a deduction for a utility allowance, for a “very low-income” household does not exceed thirty percent (30%) of 50% of the area median income; for a “low-income” household does not exceed thirty percent (30%) of 60% of the area median income.

Very low-income households are households whose incomes do not exceed 50% of the area median income. Low-income households are households whose income does not exceed 80% of the area median income. The area median income as referenced above is the Orange County area median income figure, adjusted for household size, as published by the California Department of Housing and Community Development (HCD) from time to time.

Security
The loan or grant shall be secured by a Deed of Trust and Promissory Note which may be subordinated to deeds of trust securing other Federal, State, or City loans, or loans from conventional financing institutions used in conjunction with the Low and Moderate Income Housing Asset Fund loan on the same property. The City must obtain written commitments to protect the City’s investment in the event of a default. The City must approve all requests for subordination.

The loan or grant shall be further secured by recorded Affordability Covenants and Restrictions, running with the land, to assure that Program funds are used to provide long-term affordable rental housing opportunities for low- and moderate-income households. The Borrower and the City shall execute and record Affordability Covenants and Restrictions regulating project rents, tenant selection procedures, use of project income, management and maintenance, transfer of property, and permitted forms of ownership and use, including a prohibition on conversion of the project to condominium or stock cooperative ownership for the term of the recorded Affordability Covenants and Restrictions. The recorded Affordability Covenants and Restrictions shall provide for the longest feasible time. Notwithstanding the above, the Affordability Covenants and Restrictions would in no event, be shorter than any other term of a Regulatory Agreement or Covenant recorded concurrently with the City’s Covenants and Exhibit 1
City Council 21 – 26 11/4/2025
Affordable Housing Funds Policies and Procedures Page 25 Restrictions. The Affordability Covenants and Restrictions shall be recorded with the Deed of Trust.

In some circumstances, these Affordability Covenants and Restrictions may be subordinated by the City, pursuant to Section 33334.14 of California Health and Safety Code, to liens, encumbrances, or regulatory agreements of other federal or state agencies or lenders providing financing for the project, subject to assurances by senior lenders that the City’s lien rights will be protected.

Exhibit 1
City Council 21 – 27 11/4/2025
Affordable Housing Funds Policies and Procedures Page 26 Inclusionary Housing Fund
Source of Funds
Funding for this program is provided using revenues generated through in-lieu fees from the City of Santa Ana Housing Opportunity Ordinance (revised and adopted by City Council in October 2015).

Eligible Borrowers/Grantees
Eligible borrowers are nonprofit Housing Development Corporations (HDC’s) duly organized to promote and undertake community development activities on a not-for-profit basis, and which have a valid 501(c)(3) or (4) designation from the IRS, or for-profit housing developers or development corporations, with proven capacities to develop, own, and operate affordable housing. Limited partnerships whose general partners are otherwise eligible under the above are also eligible to borrow Program funds.

Eligible Projects
Funds can be used to increase and improve the supply of housing affordable to moderate (120% AMI), low (80% AMI), very-low (50% AMI) and extremely-low income (30% AMI) households in the City.

Eligible rehabilitation projects will:
(1) be in need of rehabilitation as defined herein;
(2) be located in the City of Santa Ana;
(3) be free from significant adverse environmental impacts, except those that can be mitigated through rehabilitation; and
(4) avoid permanent involuntary tenant displacement to the greatest degree feasible in order to carry out the program.

Eligible projects which involve new construction or conversion of an existing non-residential use will conform to items (2), (3), and (4) above.

Eligible Uses and Activities
Funds can be used to make loans to eligible borrowers to provide affordable housing, for moderate (120% AMI), low (80% AMI), very-low (50% AMI) and extremely-low income (30% AMI) households, including, but not limited to, the following:

1. Acquisition and rehabilitation of eligible rental properties. Existing rental units may be acquired, substantially rehabilitated and then income and affordability covenants can be recorded on the units for rental or ownership.
a. Defined as rehabilitation of a dwelling unit that has substantial building and other code violations such that the unit is returned to the City’s housing Exhibit 1
City Council 21 – 28 11/4/2025
Affordable Housing Funds Policies and Procedures Page 27 supply as decent, safe and sanitary affordable housing. The housing must comply with all local building and zoning codes and standards, including energy efficiency and water conservation standards, and meet housing quality standards in Section 882 of Title 24.

2. Purchase and rehabilitation of homes with code-related issues for sale to low- and moderate-income buyers;

3. New construction of rental housing units;

4. To pay for one-time programs and activities for code enforcement, quality of life and general health and safety issues that directly relate, enhance, and promote affordable housing projects and activities.

5. Acquisition and conversion of non-residential (e.g. commercial) property to multifamily rental housing units;

6. Homeless services programs;

7. Security deposit assistance programs;

8. Immigrant-focused housing programs, services and activities for non-U.S. citizens;

9. Foreclosure and eviction prevention programs, services and activities.

Exhibit 1
City Council 21 – 29 11/4/2025
Affordable Housing Funds Policies and Procedures Page 28 HOME Investment Partnerships Program
Source of Funds
Funding for this Program is provided through the U.S. Department of Housing and Urban Development (HUD) HOME Program (including program income and residual receipts), and therefore is subject to the federal rules and regulations found in 24 CFR Part 92, as amended from time to time.

Eligible Borrowers/Grantees
Eligible borrowers are nonprofit Housing Development Corporations (HDC’s) duly organized to promote and undertake community development activities on a not-for-profit basis, and which have a valid 501(c)(3) or (4) designation from the IRS, or for-profit housing developers or development corporations, with proven capacities to develop, own, and operate affordable housing. Limited partnerships whose general partners are otherwise eligible under the above are also eligible to borrow Program funds.

Eligible Projects
Projects eligible for HOME funding shall:
(1) be rental projects located in the City of Santa Ana; (2) contribute to the achievement of the City's Strategic Plan and fair housing goals; (3) involve 4 or more apartments which will be rented to eligible lower income households at rents that do not exceed rents as defined by 24 CFR 92.252, as amended from time to time. Projects serving persons with special needs, or where the City Manager finds that the project will provide a substantial public benefit, may have fewer than four units. Transitional or permanent supportive housing may be provided (but not temporary shelters).
(4) have at least 20% of the HOME-assisted units rented to very low-income families (50% of median income) under the terms and conditions set forth in 24 CFR 92.252 (2)(b);
(5) demonstrate financial feasibility -- including the ability to maintain rents for the subsidized units at affordable levels for the periods specified in 24 CFR 92.252; (6) be free of significant adverse environmental impacts, except those that can be mitigated through the project itself;
(7) minimize tenant displacement;
(8) comply with all local building and zoning codes and standards, including energy efficiency and water conservation standards, and meet housing quality standards in Section 882.109 of Title 24. Newly constructed housing must meet the current edition Model Energy Code of the Council of American Building Officials; (9) make efficient use of public funds and avoid "layering" of subsidies beyond those necessary to achieve a financially feasible project; and, (10) have at least 51% of the project space be residential, if in a mixed use project.

Exhibit 1
City Council 21 – 30 11/4/2025
Affordable Housing Funds Policies and Procedures Page 29 Eligible Uses and Activities
HOME funds may only be used to finance new construction or acquisition and/or rehabilitation of rental housing which is affordable to very low and low-income households as defined by 24 CFR 92.2. Fifteen percent (15%) of the annual HOME fund allocation shall be set aside for certified Community Housing Development Organizations (CHDO’s).

New construction costs eligible for HOME funding shall be as specified in 24 CFR Part 92, including:

1. site acquisition;

2. site preparation costs (grading, filling, etc.);

3. financing costs as described in 24 CFR 92.206;

4. architectural, engineering, and other related soft costs;

5. the cost of extending or upgrading utilities to the site to support the proposed project;

6. construction costs;

7. relocation costs; and,

8. affirmative marketing and audit costs related to HOME program requirements.

Rehabilitation costs eligible for HOME funding include:

9. project acquisition with or without rehabilitation;

10. financing costs, as described in 24 CFR 92.206;

11. architectural, engineering, or other design costs;

12. utility upgrade or extension costs;

13. costs associated with demolition (where necessary) only if rehabilitation is commenced within 12 months of demolition;

14. construction costs;

15. project audit costs; and,

16. affirmative marketing costs.

Ineligible Uses and Activities
The following costs are not eligible for HOME funding:

1. project reserve accounts for replacement or operating reserves, and operating subsidies;

2. payment of impact fees;

3. land banking;

4. emergency repair or weatherization programs;

5. commercial properties;

6. temporary shelters; or

7. project-based rental assistance.

Affordability Requirements
HUD provides the following maximum HOME rent limits. The maximum HOME rents are the lesser of:

1. The fair market rent for existing housing for comparable units in the area as established by HUD; or
Exhibit 1
City Council 21 – 31 11/4/2025
Affordable Housing Funds Policies and Procedures Page 30

2. A rent that does not exceed 30 percent of the adjusted income of a family whose annual income equals 65 percent of the median income for the area, as determined by HUD, with adjustments for number of bedrooms in the unit. The HOME rent limits provided by HUD will include average occupancy per unit and adjusted income assumptions.

In rental projects with five or more HOME-assisted rental units, twenty (20) percent of the HOME-assisted units must be occupied by very low-income families and meet one of following rent requirements:

1. The rent does not exceed 30 percent of the annual income of a family whose income equals 50 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. HUD provides the HOME rent limits which include average occupancy per unit and adjusted income assumptions. However, if the rent determined under this paragraph is higher than the applicable rent under 24 CFR

92.252(a), then the maximum rent for units under this paragraph is that calculated under 24 CFR 92.252(a).

2. The rent does not exceed 30 percent of the family's adjusted income. If the unit receives Federal or State project-based rental subsidy and the very low-income family pays as a contribution toward rent not more than 30 percent of the family's adjusted income, then the maximum rent (i.e., tenant contribution plus project-based rental subsidy) is the rent allowable under the Federal or State project-based rental subsidy program.

To ensure that HOME investments yield affordable housing over the long term, HOME imposes rent and occupancy requirements over the length of an affordability period. For homebuyer and rental projects, the length of the affordability period depends on the amount of HOME assistance to the project or buyer, and the nature of the activity funded.

Table 1-1: Determining the HOME Period of Affordability:

HOME Assistance per Unit or Buyer Length of the Affordability Period Less than $15,000 5 years
$15,000 - $40,000 10 years
More than $40,000 15 years
New construction of rental housing 20 years
Refinancing of rental housing 15 years
Throughout the affordability period, income-eligible households must occupy the HOMEassisted housing. When units become vacant during the affordability period, subsequent tenants must be income eligible and must be charged the applicable HOME rent.

Other Requirements
Minimum Loan: All HOME investments must total not less than $1,000 multiplied by the number of HOME-assisted units in the project.

Maximum Loan: The maximum amount of subsidy per unit shall not exceed the maximum allowed by HUD under the HOME program (24 CFR 92.250), or that provided for under Section IV, Loan Terms, of these Policies and Procedures, whichever is less. The City will avoid Exhibit 1
City Council 21 – 32 11/4/2025
Affordable Housing Funds Policies and Procedures Page 31 unnecessary layering of subsidies from different federal, state and local programs and seek to maximize the benefit to target households from the investment of HOME funds in a project. The Housing Division will use HUD’s Cost Allocation Tool to identify the maximum subsidy per unit for each project.

Property Standards: Housing that is assisted with HOME funds must meet, at a minimum, the City’s Property Standards, including all applicable local, State and Federal codes and regulations. Newly constructed housing must also meet the current edition of the Model Energy Code published by the Council of American Building Officials. Substantially rehabilitated housing must meet the cost-effective energy conservation and effectiveness standards in 24 CFR

39. Labor Standards/Construction Contracts: Any contract for construction (whether it is for rehabilitation or for new construction) of affordable housing with 12 or more units assisted with HOME funds must contain a provision requiring that not less than the prevailing wages paid in the locality, as determined by the Secretary of Labor pursuant to the Davis-Bacon Act, will be paid to all laborers and mechanics employed in the development of the project. Contractors and subcontractors must comply with regulations issued under this Act and pertaining to labor standards and HUD Handbook 1344.1. These provisions apply whether HOME funds are used for construction or non-construction costs.

Lead-based Paint: Housing assisted with HOME funds constitutes HUD-associated housing for the purpose of the Lead-Based Paint Poisoning Prevention Act and the Lead Safe Housing Rule, and is therefore subject to 24 CFR Part 35. Unless otherwise provided, borrowers are responsible for testing and abatement.

Exhibit 1
City Council 21 – 33 11/4/2025
Affordable Housing Funds Policies and Procedures Page 32 Community Development Block Grant Program
Source of Funds
Funding for this program is provided through the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program (including program income and residual receipts), and therefore is subject to the federal rules and regulations found in 24 CFR Part 570, as amended from time to time.

Eligible Borrowers/Grantees
Eligible borrowers are community-based nonprofit housing development corporations (CBDO’s) duly organized or with capacity to promote and undertake community development activities on a not-for-profit basis, with proven capacity to develop, own and operate affordable housing, within a neighborhood identified in the Community Development plan (Annual Action Plan).

Such organizations are defined in CDBG regulations (24 CFR 570.204(a)(2)(c)(1)). Nonprofit Housing Development Corporations (HDC’s) and social service agencies with proven capacity to develop, own, and operate affordable housing, and limited partnerships whose general partner(s) is otherwise eligible under the above provisions, are also eligible to borrow Program funds if the nonprofit partner is the managing general partner throughout the term of the loan and will receive at least 51% of the developer fee. Nonprofit corporations must have a valid 501(c)(3) or (4) designation from the Internal Revenue Service.

Eligible Projects
Eligible projects will: (1) have four or more apartment units or fewer than four units in the case of congregate housing, mobile home units or where the Housing Division Manager finds that the project will provide a substantial public benefit; (2) if new construction, have 51% of the units occupied by low income tenants; (3) be free from significant adverse environmental impacts, except those that can be mitigated; and, (4) avoid permanent involuntary tenant displacement to the greatest degree feasible in order to carry out the program. Transitional or permanent supportive housing may be provided. Rents of assisted units shall be affordable to households whose incomes do not exceed 80% of the area median income.

Eligible Uses and Activities
Funds can be used to make loans to eligible borrowers to provide affordable housing, principally for low and moderate income households, including, but not limited to:
(1) acquisition and/or rehabilitation of eligible rental properties; (2) new construction of rental or limited equity cooperative housing by a CBDO is eligible, provided the construction activity is carried out as part of a neighborhood revitalization, community economic development or energy conservation project.

New housing construction carried out by an eligible CBDO must be part of a larger effort to revitalize the neighborhood (i.e., a plan for the community’s revitalization efforts based on a comprehensive plan, not just for the sake of the CDBG project); Exhibit 1
City Council 21 – 34 11/4/2025
Affordable Housing Funds Policies and Procedures Page 33 Ineligible Uses and Activities
Funds may not be used for the following activities:

1. the construction of new rental housing or for any program to subsidize or assist such housing, except when carried out by a CBDO, provided the construction activity is carried out as part of a neighborhood revitalization, community economic development or energy conservation project;

2. to provide income payments for rent or utilities, except in emergency situations for a period not longer than three months; or,

3. to assist rental housing properties if less than 51% of the units will be occupied by low and moderate income households.

Compliance with Federal and Local Regulations
All projects must comply with all applicable federal requirements contained in 24 CFR Part 570 Subpart K, including, but not limited to, standards of financial management, environmental review, labor and wage requirements, debarred contractors, lead-based paint and equal opportunity. Borrowers should note:

Contract Requirements: All work shall be completed by licensed contractors. All contracts must comply with competitive bidding requirements.

Labor Standards: A project with eight or more residential units must comply with the Federal Labor Standards, including the Davis-Bacon Act requirements, as promulgated by HUD, and set forth in 24 CFR Part 570, Subpart K in the performance of the rehabilitation or construction work financed by the loan. Contracts over $10,000 must comply with Equal Opportunity Affirmative Action requirements of Section 3 of the Housing Urban Development Act of 1968.

All efforts shall be made to provide equal opportunity for employment without discrimination as to race, marital status, sex, color, age, religion, national origin or ancestry, and to seek out qualified local tradespeople for contracting and subcontracting bids.

Lead-based Paint: Housing assisted with CDBG funds constitutes HUD-associated housing for the purpose of the Lead-Based Paint Poisoning Prevention Act and the Lead Safe Housing Rule, and is therefore subject to 24 CFR Part 35. Unless otherwise provided, borrowers are responsible for testing and abatement.

Accessibility: All projects must comply with the federal Section 504 Disabled Accessibility regulations contained in Sections 8.22 and 8.23 of Subpart C, 24 CFR Part 8.

Exhibit 1
City Council 21 – 35 11/4/2025
Affordable Housing Funds Policies and Procedures Page 34 Project-Based Voucher Program
Source of Funds
Project-based vouchers are a component of a public housing authority’s (PHA) Housing Choice Voucher Program. Funding for project-based vouchers comes from funds already obligated by the U.S. Department of Housing and Urban Development to a PHA under its Annual Contributions Contract. A PHA can attach up to 20 percent of its Annual Contributions Contract to specific housing units if the owner agrees to either rehabilitate or construct the units, or the owner agrees to set-aside a portion of the units in an existing development. The PHA can use up to 20 percent of its housing choice vouchers for project-based vouchers.

Eligible Borrowers
Eligible borrowers are nonprofit Housing Development Corporations (HDC’s) duly organized to promote and undertake community development activities on a not-for-profit basis, or for-profit housing developers or development corporations, with proven capacities to develop, own, and operate affordable housing. Limited partnerships whose general partners are otherwise eligible under the above are also eligible to borrow Program funds.

Eligible Projects
Eligible projects include acquisition, rehabilitation, or new construction of rental housing projects which:

1. The PHA may attach PBV assistance for units in existing housing or for newly constructed or rehabilitated housing developed under and in accordance with an Agreement.
a. Existing housing—A housing unit is considered an existing unit for purposes of the PBV program, if at the time of notice of PHA selection the units substantially comply with HQS.
i. Units for which rehabilitation or new construction began after owner's proposal submission but prior to execution of the Agreement to Enter into a Housing Assistance Payments Contract do not subsequently qualify as existing housing.
ii. Units that were newly constructed or rehabilitated in violation of program requirements also do not qualify as existing housing.

Eligible Uses and Activities
Program funds can be used to enter into an Agreement with eligible borrowers who will provide affordable housing, principally for low and moderate income households. Eligible uses of Project-Based Voucher funds include, but are not limited to, the following:
(1) acquisition and/or rehabilitation of eligible rental properties; (2) acquisition and conversion of nonresidential property to multifamily rental housing units; and
(3) new construction of rental housing units.

Affordability Requirements
All units assisted under this program shall be affordable to households with incomes that do not exceed 30% of median income.

Exhibit 1
City Council 21 – 36 11/4/2025
Affordable Housing Funds Policies and Procedures Page 35 Compliance with Federal and Local Regulations
All projects must comply with all applicable federal requirements contained in 24 CFR 982, including, but not limited to, environmental review, labor and wage requirements, debarred contractors, lead-based paint and equal opportunity. Borrowers should note:

Contract Requirements: All work shall be completed by licensed contractors. All contracts must comply with competitive bidding requirements.

Labor Standards: A project with nine or more residential units must comply with the Federal Labor Standards, including the Davis-Bacon Act requirements, as promulgated by HUD, and set forth in 24 CFR Part 570, Subpart K in the performance of the rehabilitation or construction work financed by the loan. Contracts over $10,000 must comply with Equal Opportunity Affirmative Action requirements of Section 3 of the Housing Urban Development Act of 1968.

All efforts shall be made to provide equal opportunity for employment without discrimination as to race, marital status, sex, color, age, religion, national origin or ancestry, and to seek out qualified local tradespeople for contracting and subcontracting bids.

Lead-based Paint: Housing assisted with PBV funds constitutes HUD-associated housing for the purpose of the Lead-Based Paint Poisoning Prevention Act and the Lead Safe Housing Rule, and is therefore subject to 24 CFR Part 35. Unless otherwise provided, borrowers are responsible for testing and abatement.

Accessibility: All projects must comply with the federal Section 504 Disabled Accessibility regulations contained in Sections 8.22 and 8.23 of Subpart C, 24 CFR Part 8.

Exhibit 1
City Council 21 – 37 11/4/2025
Community Development Agency
www.santa-ana.org/cd
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 4, 2025
TOPIC: Resolution Approving the Issuance of Taxable Bonds by California Enterprise Development Authority (CEDA)

AGENDA TITLE
Resolution Approving the Issuance of Taxable Bonds by California Enterprise Development Authority (CEDA) for the Purpose of Financing, Refinancing, and/or Reimbursing the Cost of Manufacturing Facilities for the Benefit of Robinson Pharma, Inc.

RECOMMENDED ACTION
Adopt a Resolution approving issuance of California Enterprise Development Authority (CEDA) Bonds for the purpose of financing, refinancing, and/or reimbursing the cost of manufacturing facilities for the benefit of Robinson Pharma, Inc. located at 3130 South Fairview Street.

RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA, APPROVING THE ISSUANCE OF NOT TO EXCEED $40,000,000 TAXABLE REVENUE BONDS BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY FOR 3130 SOUTH FAIRVIEW STREET
GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
State laws provide the ability for cities and counties to join together under cooperative agreements to form joint powers authorities (JPA) to issue tax-exempt and taxable bonds to fund projects that provide a public benefit and serve the needs of residents within the jurisdictions of the participating members. While individual cities and counties in California may issue conduit revenue bonds directly, many choose to utilize JPAs to achieve economies of scale, access specialized expertise and resources, and minimize the use of local staff time on such transactions.

The California Enterprise Development Authority (CEDA) is a joint powers authority established in 2006 to address gaps in economic development financing by issuing taxexempt and taxable conduit revenue bonds for industrial, commercial, and other publicpurpose projects. CEDA facilitates private activity bond issuance to support economic and community development within its member jurisdictions. The City of Santa Ana is an associate member of CEDA, which currently includes 285-member communities statewide.

City Council 22 – 1 11/4/2025
Issuance of taxable bonds by CEDA for Robinson Pharma
November 4, 2025