Santa Ana City Council
August 4, 2026

SERVICE AGREEMENT

ROTATIONAL TOW PROVIDER
THIS AGREEMENT is made and entered into on this 4th day of August, 2026 by and between MetroPro Road Services, Inc., a California corporation, (hereinafter “Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On May 5, 2026, the City issued a Request for Proposal No. 26-057 (“RFP”), by which it sought proposals for police rotational towing and storage services B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide services described in the scope of work that was included in the RFP. The RFP is referenced herein as if incorporated in full.

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

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

1. SCOPE OF SERVICES
Contractor shalt provide vehicle towing and storage service at the request of the Santa Ana Police Department, on a rotational basis, in accordance with the terms and conditions set forth in the Scope of Service, attached hereto as Exhibit A and incorporated by this reference. The City intends to contract with several tow companies to provide necessary towing services on a rotational basis, "Towing services may include, but are not limited to, towing vehicles from public or private property at the direction of Police employees, owner’s request for a tow made via the Police Department, the storage of vehicles, the secure storage of vehicles containing evidentiary value, debris clean–up and removal, recovery services and administrative oversight of vehicles in the custody of the Contractor.

2. COMPENSATION
a. The parties intend that towing and storage fees will be paid by the vehicle owner at the rates aid charges set forth in Contractor's then current and approved fee schedule, attached as Exhibit B and incorporated by this reference. b. When Contractor provides services chargeable to the City as set forth in Exhibit A, the Contractor shall submit a monthly invoice by the 15th of the month to the City for any such services rendered in the prior month, if applicable, The invoice shall include all EXHIBIT 3
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information enumerated in California Vehicle Code ("CVC") §22651.07(e) and include the following information:
i. Contractor's invoice number
ii. Santa Ana Police Department's case number
c. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance for professional towing services or in accordance with the standards set forth in this agreement. d. City imposed storage fees received by the contractor shall be remitted to the City by the 15th of each month for any and all vehicles released during the prior month. A vehicle release report, which reconciles the vehicles released by the contractor, will also accompany the payment to the City. Payments shall be remitted to:

Santa Ana Police Department
Attention: Det. Sgt. Ricardo Diaz – Traffic Division
60 Civic Center Plaza
Santa Ana, CA 92702
e. Adjustments to the Towing and Storage Fee Schedule
The Police Rotational Tow Manager or his designee shall examine the towing and storage rates authorized in accordance with this agreement on an annual basis. The Program Manager may adjust the annual towing and storage rates based on the most recent statistics, as follows: the two indices which will be used for determining adjustments to the towing and storage fee schedule shall be the prior twelve (12) months, reporting month. December, Consumer Price Index (CPI) for All Urban Consumers for Los Angeles-Anaheim-Riverside Consolidated Metropolitan Statistical Area, published by the United States Department of Labor’s Bureau of Labor Statistics or any relevant successor for the Orange County area, and the twelve (12) month December Producer Price Index for Petroleum (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety (90%) percent and PPI shall be weighted at ten (10%) percent.

However, fee adjustments will only be made if justified and shall occur at the sole discretion of the Chief of Police based on recommendations from the Police Rotational Tow Program Manager.

3. TERM
This Agreement shall commence on September 1, 2026 and continue for a one (1) year term until August 31, 2027, with the option for the City to grant up to four (4) one (1) year extension(s), exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below

4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an City Council 20 – 71 8/4/2026

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

5. INSURANCE
Insurance requirements are attached hereto as Exhibit C.

6. HOLD HARMLESS/INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the “Indemnified Parties”) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, “Claims”), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Contract (including, without limitation, defects in workmanship and/or materials) or Contractor’s presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor.

7. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three City Council 20 – 72 8/4/2026

(3) years from the date of final payment to Contractor under this Agreement.

8. 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.

9. 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 of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.

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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.

10. 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.

11. 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.

12. ASSIGNMENT
a. 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.
a. Unless previously approved by the City, the sale or transfer of the controlling interest in a company shall be cause for immediate termination of this contract and the Contractor shall be replaced on the Rotational Tow List by another company on an existing eligibility list or during a future RFQ process.

13. TERMINATION
a. The City reserves the right to immediately terminate the contract, without penalty, for cause.

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b. In the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner required, or if Contractor violates any provision of this Agreement, Contractor shall be deemed in default. City shall provide written notice of such default to Contractor's Project Manager. If possible, the Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may terminate the Agreement forthwith by giving written notice to Contractor' s Project Manager, The City may, in addition to the other remedies provided in this Agreement or authorized by law, terminate this Agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during Contractor's default. c. As described in Exhibit A, concerning the investigation and disposition of violations, the City may terminate this agreement immediately for cause if it has been determined by the Traffic Commander, with concurrence from the Field Operations Bureau Commander, that the Contractor has committed rule violations associated with this agreement, or has committed violations of the law, and termination of the contract is deemed to be the appropriate disposition. d. This agreement may be terminated without cause by City by written notice delivered to the Contractor either personally or by mail, thirty (30) days prior to the end of the then current term. Upon termination, City shall pay Contractor for services rendered as specified in the Agreement prior to the effective date of termination.

14. CONTRACTOR OPTION FOR TERMINATION
The Contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event of nonpayment by the City. Such request will require ninety (90) days written notice prior to contract termination date requested. 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.

15. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS
Contractor shall make every effort to solicit and advertise employment opportunities to Santa Ana residents, The City shall inform the Contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Contractor shall provide to City, a description of efforts and procedures used to notify residents of employment opportunities as they occur but, at a minimum, once each year prior to the City exercising its option to extend the contract.

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16. CONTRACTOR' S PARTICIPATION AT COMMUNITY MEETINGS EVENTS

AND PUBLIC AWARENESS CAMPAIGNS
If requested by City, the Contractor shall agree to participate in community meetings, community events and public awareness campaigns, such as National Night Out, DUI presentations or any other neighborhood or City event. Such participation shall be upon City request provided with reasonable notice of the event. Such events will not exceed four (4) requests per year.

17. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
a. Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. b. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract.

18. FINES
The Contractor shall be liable for all violation fines levied against the City by any Federal, State or local agency, including but not limited to the Air Quality Management District (AQMD), and the Regional Water Quality Control Board, due to the action or failure to act by Contractor.

19. 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.

20. 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.

21. 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 City Council 20 – 76 8/4/2026

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.

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

To City:

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:

Chief of Police
City of Santa Ana
60 Civic Center Plaza
Santa Ana, California 92702
Fax: 714-245-8190
Traffic Division
City of Santa Ana
Santa Ana Police Department
Attn: Traffic Commander
60 Civic Center Plaza
Santa Ana, CA 92702
Fax 714-245-8190
City Attorney’s Office
City of Santa Ana
Attn: Police Legal Advisor
20 Civic Center Plaza
Santa Ana, CA 92702
Fax (714) 647-6515
To Contractor:

MetroPro Road Services, Inc. Attn:

Bradley Humphreys, President
957 W. 17th Street
Costa Mesa, CA 92626
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EXHIBIT A

SCOPE OF SERVICES
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CITY OF SANTA ANA
I. SCOPE OF SERVICES
A consultant hired pursuant to this RFP shall be responsible for Police Rotational Towing and Storage Services with the Santa Ana Police Department, as outlined in the SAMC § 32-107. The successful Contractor(s) must agree to perform all services as outlined herein within the corporate city limits of the City of Santa Ana or any other jurisdiction as directed by a member of the Santa Ana Police Department.

II. IMPLEMENTATION
A. The selected Contractor(s) will collectively assume responsibility for all towing and storage needs, and all other related functions as described in the RFP, for the Santa Ana Police Department on a rotational basis.

B. The Contractor shall ensure that all employees working on this project meet the minimum personnel and training standards identified herein. In addition, the Contractor should include a list of additional training provided to the Contractor’s staff demonstrating proficiency and excellence in the field.

C. City Staff shall have the right to modify, reduce or delete rotational tow services and remove contract personnel with prior notice to Contractor.

The Contractor shall provide sufficient personnel and equipment, but in no case less than the minimum required, to carry out the duties contained in this RFP within specified timelines.

III. USE OF ROTATIONAL TOW LIST
A. CRITERIA AND RULES FOR USE BY POLICE EMPLOYEES
The City agrees to utilize the rotational tow list for all service requests initiated by members of the Santa Ana Police Department except where provided for in this agreement. Therefore, the City agrees to operate under the following policy guidelines unless reasonably necessary to deviate due to exigent or unforeseen circumstances:

1. Whenever the driver or owner specifies a particular club, association or tow service to care for his/her vehicle, the garage or tow service requested shall be called and such calls shall not constitute a rotational tow call.

2. When a driver does not specify a particular garage or tow service, the garage or

EXHIBIT A

SCOPE OF SERVICES
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tow service called shall be taken from the rotational list in numerical order. When more than one vehicle is to be towed from a collision scene and the drivers do not specify a preference, the rotation list shall be followed on the basis of one tow truck for each vehicle utilizing the numerical rotational order. The rotation list shall be followed on a per vehicle basis rather than per collision or call for service. When multiple Contactors are called to the same incident, the distribution of vehicles shall be determined by the police officer at the scene.

3. If the eligible Contractor does not answer the telephone or acknowledge the call via a software dispatch system, is unable to respond, unable to perform the required services, refuses to respond or provide the requested service, or is cancelled due to an excessive response time, that company shall be passed over and shall not be eligible until the Contractor comes up on the rotation list again.

4. It shall be the responsibility of the Contractor to notify the Police Department if it is unable to respond within the required time limit or with the appropriate equipment for the type of service requested.

5. If it is determined, the Contractor is not needed and is cancelled by the Police Department or the vehicle owner, the Contractor shall be placed back on top of the rotation list and no charge shall result from the call.

6. The rotation list shall be used on occasions where an officer stores or impounds a vehicle and the driver or owner is not consulted or is not present.

7. All employees of the Police Department are specifically prohibited from soliciting or recommending any garage or tow service, either directly or indirectly. All officers are directed to ascertain from the party in charge of the vehicle as to their preference of a towing agency. A request of “no preference” by the person in charge will be relayed to dispatch by the officer and will result in a call to the Contractor that is next up on the rotation list.

B. REPORTING PROCEDURES

1. All officers requesting a tow truck from the rotational list for the towing, storing or impounding of a vehicle shall complete the Santa Ana Police Department storage/impound form when required by Departmental policy or procedure. The form shall be signed by both the officer and the driver of the tow truck. A copy of the Santa Ana Police Department storage/impound form shall be given to the tow truck driver prior to the vehicle being towed from the scene.

IV. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES
A. WORKING HOURS AND RESPONSE TIMES

1. All services under this contact shall be available 24-hours per day, seven (7) days per week, 365-days per year without exception.

2. The Contractor shall also make reasonable accommodations for its personnel to City Council 20 – 81 8/4/2026

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attend meetings with City staff from the Police Department, City Attorney’s Office or any other City Agency as required by the Project Manager.

3. The Contractor shall be required to have a dispatcher on-duty 24-hours per day with the capability to communicate instantly with all trucks and/or drivers assigned to this project.

4. All requests for tow services shall be acknowledged or refused within three (3) minutes by the Contractor’s dispatcher.
a. A 20-minute response time is required for tow requests requiring a Class A tow truck.
b. The Contractor shall be required to comply with this requirement by providing appropriate staffing levels and, if necessary, strategically staging personnel during peak traffic times to allow drivers sufficient time to arrive while complying with all traffic laws and regulations in their response to service requests.
c. For any request requiring a Class B, C or Class D tow truck, the Contractor shall have the necessary equipment on scene within 45 minutes of notification by the Police Department’s Communications Division if a Department employee identifies the need for such equipment or when determined by the Contractor’s employee after responding to the scene and assessing the situation.

5. The Contractor shall be required to have a minimum of one (1) driver on duty 24- hours per day, seven (7) days per week. In addition, the Contractor shall have at least one (1) other driver on-call or stand-by.
a. The contractor is expected to have a Class A, B, C, and D driver available at all times.
b. Contractor is expected to have a Class A, B, C, and D tow truck available at all times.

B. CONTRACTOR AND PROJECT MANAGEMENT REQUIREMENTS

1. The Contractor shall furnish all personnel necessary to fulfill the obligations of this RFP.

2. A list identifying the names of all personnel assigned to work on this project on behalf of the Contractor shall be provided to the City’s Project Manager or designee. This information shall include the name, date of birth, driver’s license number, social security number, business and residence addresses, the Contractor’s Project Manager and secondary supervisor, and all tow truck operators working pursuant to this agreement.

3. The Contractor shall identify the person assigned as the Contractor’s Project Manager for this project. That person shall be available to the City during normal business hours and will be the primary contact between the City and the Contractor on matters relating City Council 20 – 82 8/4/2026

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to the enforcement services provided through this RFP. This person shall have substantial expertise and experience in tow and recovery operations as well as business operations for the company.

4. The Contractor’s Project Manager shall be the primary daily operations contact to the City and as such, shall do the following:
a. Respond to complaints from the Police Department, customers or the community. A copy of any complaints lodged directly with the Contractor regarding services provided under this contract shall be provided to the City’s Project Manager or designee immediately as well as the steps being taking to resolve the complaint and the date a resolution can be expected. A copy of the final disposition shall also be provided to the Project Manager or designee within 15-days unless an extension has been granted in writing prior by the Project Manager.
b. Contact the City’s designee at least once per month to discuss and clarify operational assignments and expectations;
c. Ensure that the Contractor’s personnel perform the duties as required by the RFP; and
d. Prepare and submit monthly reports as required.

5. The Contractor shall be required to designate a second person that may be contacted in the absence of the Contractor’s Project Manager. This person shall also have authority over the Contractor’s personnel and shall be a member of the Contractor’s staff with authority to represent the Contractor on policy matters.

C. CONTRACTOR’S PERSONNEL REQUIREMENTS

1. Each of the Contractor’s employees performing work pursuant to this RFP shall:
a. Be approved by the Project Manager or designee to perform work on behalf of the City.
b. Have ability to read, write legibly, speak and comprehend the English language - Bilingual fluency in Spanish or other language approved on the City’s bilingual list is preferred.
c. Be a minimum of 18 years of age;
d. All tow truck drivers employed by the Contractor and used for this project must be competent and proficient in all aspects of their duties related to tow and recovery services. This requirement shall provide that any tow driver responding to a scene will be capable of safely towing and/or recovering a vehicle under most circumstances without delay.
e. All tow truck drivers employed by the Contractor shall complete an approved tow truck driver training program approved by the California Highway Patrol (CHP) pursuant to their Tow Service Agreement Advisory Committee (TSAAC) prior to performing any work related to this project. Upon selection, proof of successful course completion, the name of the provider and the curriculum taught shall be provided to the Project Manager or designee prior to any driver performing any work on behalf of the City. A list of the 2019-2020 TSACCA training providers may be found in Exhibit 5 of this agreement or in the CHP’s2019-2020 Tow Service Agreement available at
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https://www.chp.ca.gov/ResearchAndPlanningSectionSite/Documents/2019- 2020_TSA.pdf

2. Pass a background and fingerprint check that shall include a review of the employee’s criminal history that would pose a liability for the City including crimes of violence, moral turpitude, theft or unsafe driving practices. Contractor is responsible for providing and running all background checks.

3. The Contractor and all tow truck drivers shall be required to participate in a controlled substance and alcohol testing (CSAT) program and provide proof of enrollment.
a. Drivers requiring a Class A, Class B or commercial Class C (endorsed for hazardous materials transportation) shall participate in a CSAT program as defined in the Code of Federal Regulations, Title 49, Parts 40 and 382. b. Drivers not required to possess a Class A, Class B or commercial Class C license shall also be enrolled in a CSAT program substantially similar to the requirements outlined above.
c. The Contractor shall ensure selection pools for commercial and noncommercial licensed drivers are maintained separately. d. A driver possessing a non-commercial driver’s license who returns with a positive test result shall meet the same reinstatement requirements as a driver required to possess a commercial driver’s license.

4. All employees assigned by the Contractor shall have a valid California driver’s license and remain in good standing with the California Department of Motor Vehicles.
a. Tow truck drivers must possess the proper license class, including endorsements, for any tow truck or combination of tow truck and vehicle they operate in the performance of their duties pursuant to this contract. Tow truck drivers shall remain certified and in compliance with CVC § 12520 at all times. b. The Contractor and all tow truck drivers shall be enrolled in the Employer Pull Notice (EPN) program.
i. The Contractor shall provide a current list of drivers and a copy of the EPN report.
ii. Newly hired tow truck drivers shall be enrolled in the EPN program and proof provided to the Santa Ana Police Department within 30 days of the employee’s hire date.

5. Only employees of the Contractor necessary to complete an assignment shall respond to the scene of a request for service (no spouse, children, animals, etc.).

6. Tow truck drivers shall perform all towing and recovery operations in the safest and most expedient manner possible.

7. Under no circumstances shall a Contractor’s employee carry or be armed with any type of weapon whatsoever while providing service pursuant to this RFP.

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assigned to work in the field.
a. Uniform specifications shall include the name of the company and the employee’s name affixed to the employee’s shirt.
b. The City’s Project Manager or designee shall review and approve all uniforms.

Uniforms shall fit properly without excessive wear. The uniform must be clean, free of any offensive odors and present a neat appearance. c. All tow truck drivers shall wear appropriate safety garments (e.g. vests, jackets, shirts, retroreflective clothing) in accordance with California Code of Regulations, Title 8, § 1598. If the tow truck driver is working on a Federal-aid highway, the operator shall comply with the guidelines contained in the Federal Code of Regulations, Title 23, Highways, Chapter 1, Federal Highway Administration, Department of Transportation, Part 634, Worker Visibility, which requires high-visibility personal protective safety clothing to be worn that meets the Performance 2 or 3 requirements of the ANSI/ISEA 107-2004.

9. The City’s Project Manager or designee shall conduct the final review of all contract
employees prior to being assigned to perform services related to this project on behalf of the City of Santa Ana. The Chief of Police or his designee has the ultimate authority and discretion regarding personnel working under this contract. The Chief of Police or his designee may remove contract personnel, upon telephone notification to the Contractor.

D. REQUIRED TOW VEHICLES AND EQUIPMENT

1. At a minimum, the Contractor shall possess, maintain and be the listed registered owner of the following classes of tow vehicles (meeting requirements as defined in the most current version of CHP 234B – Tow Truck Inspection Guide):
a. Four (4) Class A tow trucks designed for light duty towing operations. b. One (1) Class B tow truck designed for medium duty towing operations. c. One (1) Class C tow truck designed for heavy duty towing operations. d. One (1) Class D tow truck designed for heavy duty towing operations.

2. The Contractor shall provide a listing of all towing vehicles or any substitute vehicle that may be used pursuant to this agreement. Such list must provide the following information:
a. Make, model, and year.
b. Tow truck classification (e.g. Class A).
c. Vehicle and engine identification numbers.
d. Company identification number.
e. California license number.
f. Company vehicle color(s).

3. The company name, business address, telephone number and tow truck identification number shall be permanently and properly affixed to each vehicle in a manner prescribed pursuant to CVC § 27907.

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4. There shall be no words or language affixed to the vehicle associating the Contractor or the vehicle with the Santa Ana Police Department (e.g. “official police tow”) without the prior written approval of the City’s Project Manager.

5. At no time shall the Contractor exceed the gross vehicle weight rating (GVWR) and/or safe loading requirements of the tow truck, including, but not limited to, exceeding the tow trucks GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or failure to maintain 50 percent of the tow truck’s unladen weight on the front axle when lifting or carrying a load.

6. The authorized Towing and Storage Fee Schedule shall be posted in public view in all tow trucks.

7. All of the vehicles identified above and used in accordance with this agreement shall be equipped with the minimum equipment required to perform towing operations as well as the equipment pursuant to CVC § 27700 and the “Service and Other Equipment” section of the CHP 234B (Tow Truck Inspection Guide) form. The Contractor may also be required to carry any other safety devices reasonably required by the City.

8. The contractor shall maintain all vehicles and equipment in good repair for use by the Contractor’s employees assigned to perform services pursuant to this agreement. The Contractor shall be responsible for, and pay for all operating expenses, equipment, maintenance and insurance for vehicles assigned to perform work related to this agreement. All tow trucks shall be equipped and maintained in accordance with applicable sections from the California Vehicle Code, Title 13 of the California Code of Regulations, the requirements of this RFP and industry standards.

9. All vehicles shall be kept clean, be free of offensive odors and maintain a professional appearance.

10. All tow trucks shall be inspected annually by the California Highway Patrol and maintain a current Commercial Vehicle Safety Alliance (CVSA) decal. The Contractor shall provide current copies of CHP 234B (Tow Truck Inspection Guide) and CHP 407F (Safetynet Driver/Vehicle Inspection Report) for each vehicle to the City’s Project Manager or designee.

11. The Contractor agrees that the Santa Ana Police Department may inspect any vehicle, without prior notice, at any time during normal business hours.

12. The Contractor shall provide instant communication access via cellular phone or radio to all personnel while performing their duties.

E. GLOBAL POSITIONING SYSTEM (GPS)
It is highly desirable for the Contractor to provide GPS capabilities in all of their tow trucks. If offered for consideration in the Contractor’s Response, the City and City Council 20 – 86 8/4/2026

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Contractor shall be able to view this information via computer in real time and the Contractor shall provide GPS reports at the request of the City.

F. CONTRACTOR’S BUSINESS OFFICE REQUIREMENTS

1. The Contractor will also be required to maintain office hours between 8:00 am and 5:00 pm, seven (7) days a week, 365 days per year so vehicle owners can retrieve stored or impounded vehicles. An applicable gate fee may apply for vehicle releases after normal business hours.

2. The Contractor shall maintain an office and storage facility within the corporate limits of the City of Santa Ana and remain in compliance with any requirements imposed by the Police Department, the Planning Division or any other Department, Agency or Agent of the City of Santa Ana in accordance with federal regulations, state law, the Santa Ana Municipal Code and this agreement.

3. It is preferable that the office and storage facility be at the same location to minimize the impact on the community. However, should additional locations exist, the Contractor agrees to conduct all business from the primary facility and any costs associated with operating a secondary location and/or moving vehicles to or from that secondary location shall not be passed along to any customer covered under this agreement.

4. The primary facility shall have a sign clearly visible to the public that identifies the location as a towing service.

5. The business hours shall be clearly posted.

6. The office shall be sufficiently staffed to allow customers to speak with a company representative during normal business hours without unnecessary delay.

7. Current and approved rates pursuant to the Towing and Storage Fee Schedule shall be posted
in public view in the Contractor’s office and/or storage facility in compliance with California Civil Code § 3070 and CVC § 22651.07.

8. The Contractor shall comply with the provisions of CVC § 22651.1.

9. The Contractor shall maintain records of all tow services furnished by the Contractor at the primary office location.
a. Invoices shall contain the required itemized information pursuant to CVC 22651.07(e).
b. Itemized invoices shall contain a distinct notice upon the invoice stating, “Upon request, you are entitled to receive a copy of the “Towing Fees and Access Notice.” This notice shall be contained within a bordered text box, printed in no less than 10-point type pursuant to CVC 22651.07(a)(1)(B)(3).

10. The operator’s primary business office shall also maintain business records City Council 20 – 87 8/4/2026

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relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, driver’s record of duty status (intrastate and/or interstate), and Federal Communication Commission licensing (if applicable).

11. The Contractor agrees that a representative from the Santa Ana Police Department may inspect all business records, facilities and vehicles without notice during normal business hours.

12. The Contractor shall permit the Santa Ana Police Department to make copies of business records at their place of business or remove business records for the purpose of reproduction.

13. Lien fees, or any fees related to the preparation of a lien, shall not exceed the amounts allowable in the Towing and Storage Fee Schedule, attached hereto as Exhibit 4, and in compliance with all relevant provision of the California Vehicle Code and California Civil Code.

I. STORAGE FACILITY AND VEHICLE STORAGE REQUIREMENTS

1. It is preferable that the storage facility is located at the same location as the primary business office. However, if located at a different location than the main office, the storage facility can be within the corporate limits of the City of Santa Ana or no further than three (3) miles from the corporate City limit and have an on-site release office at all storage lots. Persons seeking to take possession of their vehicle or property shall not be required to travel to more than one location to recover their vehicle from the Contractor’s custody.

2. The storage facility and all vehicles towed at the direction of the City shall be made available to police personnel 24-hours per day, 7-days per week.

3. The entire storage lot must be sufficiently well lit to deter theft. Other theft deterrent devices (e.g. cameras, alarms, on-site personnel, etc.) are highly desirable.

4. The storage lot must be completely secured by a wall or fencing and a gate that is able to be locked to maintain security for stored and impounded vehicles. The minimum height requirement for the fence and gate shall be six (6) feet.

5. The storage lot shall be large enough to hold a minimum of 100 vehicles at any given location. This requirement is the minimum area reserved for Santa Ana vehicles and additional space is highly desirable. All vehicles towed by the City shall be stored within the corporate city limits and the vehicle or any of its contents shall be made available for release within the corporate city limits. If multiple storage facilities are maintained, the Contractor shall only use the secondary lot when the primary lot is full and shall not charge for transportation beyond that of the main storage facility.

6. The Contractor shall also provide an inside storage facility, which must consist of four walls with a solid roof and a door equipped with a locking device. Additional security features are highly desirable. This facility shall be sufficient to reasonably protect vehicles from theft, tampering, weather, environmental conditions or any City Council 20 – 88 8/4/2026

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other circumstances that could cause the removal or contamination of evidence.

Access to this area by employees or other individuals shall also be restricted. This facility shall be capable of storing a minimum of four
(4) mid-sized vehicles for the City of Santa Ana and sufficient space to conduct forensic analysis of the vehicle on-site if necessary.

7. Vehicles impounded pursuant to CVC § 10751 shall be placed in an area of the storage facility that will provide sufficient space and privacy, allowing auto theft investigators to perform a vehicle inspection without delay. This requirement shall be required for the first ten (10) days of impound.

8. Vehicles will not be released, sold or dismantled until a signed release form has been obtained from the Santa Ana Police Department. The signed release form will be kept by the towing company as proof of authority for the release.

9. Release forms are required for impounded vehicles and vehicles with a “hold” placed on them by police department personnel. The release form will indicate they are from the Santa Ana Police Department and shall only be signed by authorized members of the Police Department.
a. Stolen vehicles recovered by the Police Department will be released to the victim/owner by the Contractor with proof of ownership. Unless specifically noted, no release will be required from the Police Department. b. Stolen vehicles recovered by the Police Department requiring further investigation as determined by the handling officer will be impounded pursuant to CVC § 22655.5, thereby placing a hold on the vehicle. The impound box will be marked along with an explanation in the narrative. These vehicles will not be released until the victim/owner obtains a release from the Police Department. c. If the owner of the vehicle is unable to prove ownership to the tow agency, they will be referred to the Santa Ana Police Department and a release will be issued once ownership is established.
d. If a registered owner is unable to retrieve their vehicle from storage, a vehicle authorization form shall be provided by the Contractor to the person authorized to pick-up the vehicle. The authorized recipient, on behalf of the registered owner, will be required to provide identification for the Contractor to photocopy (front/back).

10. When a vehicle is impounded, the towing company will place the word “hold” or other similar notation on the windshield of the vehicle. This is to minimize unauthorized contact with the vehicle and to provide control measures to prevent the inadvertent release.
a. The responsibility for determining and placing the word “hold” or other similar notation on the windshield of the vehicle will be the responsibility of the Contractor at the time of vehicle possession. The Contractor’s employee signature on the storage/impound report will acknowledge an understanding of the type of report completed by the officer and any necessary holds. The Contractor should clarify any misunderstandings or omissions on the report at this time.

11. Vehicles towed or stored with an “evidence hold” shall not be touched, moved or City Council 20 – 89 8/4/2026

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tampered with in any manner without the written consent of the City’s Project Manager or designee.

12. The Contractor agrees to tow and store vehicles taken pursuant to an “evidence hold” as defined in CVC §§ 22655.5 or 22655(a) without charge to the City and agrees to release the vehicle to the owner at the City’s request. The initial towing fee shall be billed to the owner of the vehicle. Unless waived in whole or in part by the City’s Project Manager, the tow company may pursue collections from the registered owner for the initial towing fees. Furthermore, the Contractor may attempt to collect these fees, or make arrangements to collect these fees, at the time of release but shall not hold the vehicle in lieu of payment unless specifically authorized by the City’s Project Manager or designee.

13. In any case where the Police Department inadvertently and/or erroneously causes the impound or storage of a vehicle, or fails to properly notify the owner in a timely manner, the Contractor agrees to release the vehicle at the request of the City’s Project Manager or designee and waive all fees or charges associated with the tow.

14. Any personal property released from a vehicle shall occur at the business office or primary storage facility and shall require authorization from the Police Department.

All property shall be released pursuant to CVC § 22851(b) and CVC § 22651.07.

Personal property includes any property not affixed to the vehicle (e.g. clothes, cell phones, papers, pull-out / detachable face radios, etc.) J. CUSTOMER SERVICE
Contractor shall provide service which is accessible, courteous, responsive, timely, equitable and given in the spirit of professionalism and mutual respect. Contractor’s personnel are a reflection of the City of Santa Ana and, as such, are expected to:

1. Interact with customers and City officials, whether in person or on the phone, in a pleasant, respectful and professional manner.

2. Give full attention to each customer’s needs by asking questions. Provide information, products and service in an accurate, organized and complete manner.

Determine that the customer’s request has been fulfilled.

3. Maintain a professional demeanor at all times that is free from rude, discourteous or harassing behavior.

4. Comply with all federal, state, county, and city laws and regulations.

5. Use adequate equipment that is kept clean and neat at all times.

6. Train other Contractor employees to be polite and courteous during public contact.

7. Employ truth and accuracy in reporting customer service records City Council 20 – 90 8/4/2026

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K. RATES AND FEES
Notwithstanding other provisions of this agreement related to rates and fees, the Contractor agrees to comply with the following provisions as they relate to rates and fees charged in accordance with this agreement:

1. For services provided pursuant to this Agreement, the Contractor shall collect towing, storage and other service fees from the vehicle owner at the time of release. Said fees shall comply with the Santa Ana Police Department’s Towing and Storage Fee Schedule, attached hereto as Exhibit 4, and incorporated by this reference.

2. The Contractor acknowledges that the fee schedule is intended to list the maximum amounts for services rendered but nothing in this Agreement shall preclude the Contractor from charging less than the maximum fee allowed.

3. Nothing shall prohibit a Contractor from sending a Class B, C or D tow truck to a call requiring a lighter class tow truck to perform requested services. However, the Contactor acknowledges that fees may only be charged for the class necessary to perform the requested services and not necessarily for the class of tow truck dispatched to the call.

4. No fees may be charged for personnel, equipment or services reasonably necessary to perform the required service.

5. No lien shall be placed on the vehicle for services performed or initiated, and subsequently cancelled on-scene by the Santa Ana Police Department, unless the Contractor has presented a written statement to the vehicle’s registered owner or agent for the signed authorization of services to be performed pursuant to Civil Code § 3068(a).
a. The Contractor shall not attempt to take possession of a vehicle in order to establish a lien for any services performed or initiated and subsequently cancelled.
b. The Contractor shall not bill the City of Santa Ana or Santa Ana Police Department for any services performed or initiated, and subsequently cancelled by the department. However, in such cases, the incident shall not be considered a rotational call and the Contractor shall be returned to the top of the rotation list.

6. The Towing and Storage Fee Schedule shall be posted in the business offices, storage facilities and tow trucks pursuant to CVC § 22651.07.

7. Rate adjustments may be considered based on the criteria in Section VI of the Scope of Services, Subsection B, 4, located below.

8. Contractor’s failure to comply with the Towing and Storage Fee Schedule shall be subject to disciplinary action.

9. The Contractor shall not seek payment from the City of SantaAna for services provided pursuant to this Agreement. However, the City shall be responsible for the following charges ordered by the City pursuant to this Agreement:
a. Collision cleanup pursuant to Section IV, Subsection N, below; City Council 20 – 91 8/4/2026

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b. Other services authorized by the City’s Project Manager prior to the performance of said duties.

L. MISCELLANEOUS PROVISIONS

1. The Contractor shall have a Carrier Identification and a valid Motor Carrier Property (MCP) permit, which shall be provided to the City’s Project Manager or designee. The expiration or suspension of the MCP shall result in immediate suspension from the rotation list as well as possible disciplinary action.

2. There may be times when the Contractor comes across a vehicle blocking the roadway although not assigned to the call or next on the rotation list. At the discretion of the officer at the scene, the Contractor may be directed to assist in moving the vehicle to the side of the roadway only. This service shall be provided without cost to the City or vehicle owner, and shall not affect the Contractor’s position on the rotation list.

3. The Contractor shall be held accountable for all vehicles, personal property and vehicle accessories once the vehicle is in the possession of the driver and/or stored at their facility. The Contractor agrees to relieve the City, its officers, agents and employees of all responsibility once the vehicle is in the custody of the Contractor.

4. There shall be no photography or video recording at the scene of a tow or collision by the Contractor or any employee unless directly related to the towing operation.

Photographs or video recordings shall only be directed at vehicles or the area immediately surrounding the vehicle but in no case shall capture any image of a person(s) injured or killed at the scene.

5. The Contractor, nor any employee of the Contractor, shall accept from any person or offer a gratuity to any member of the City in violation of CVC § 12110(a) and the City’s gift ban ordinance.

6. The Contractor shall remain in compliance with CVC § 10652 as required.

7. Due to the negative perception of Private Party Impounds (PPI’s) and the nexus to predatory towing practices, whether actual or perceived, the City of Santa Ana and the Santa Ana Police Department have an interest in ensuring any Contractor working on its behalf is not associated with these practices. In addition, tow companies that engage in PPI’s are subjected to complaints and investigations on a more frequent basis than those that do not participate in this facet of the towing business. Therefore, the City strongly discourages any Contractor assigned to the rotational tow list from engaging in PPI’s within the corporate limits of the City of Santa Ana. Subject to the investigative process outlined in the RFP, any company found to be in violation of PPI regulations including, but not limited to, applicable sections of CVC § 22658 or any other laws or regulations associated with PPI’s shall be subject to suspension or immediate removal from the rotation list for sustained complaints or convictions for violations of the law.

M. UTILIZATION OF DISPATCH AND TRACKING SOLUTIONS SOFTWARE The City currently does not use dispatch and tracking software for rotational towing administration.

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The Contractor must be willing to enter into a separate agreement, contract, or license if the City acquires the use of dispatch and tracking software or any other software solution implemented by the City, with the owner of that proprietary software. The City shall not provide the software program, any licensing or sub- licensing thereof or any intermediary services for the procurement by the Contractor of the software program.

This Contract shall not be executed by the City until the Contractor has demonstrated to the City’s Project Manager or designee satisfactory compliance with the requirements set forth herein. The Contractor shall be liable for all fees, charges, rates and service charges required for the procurement and use of dispatch and tracking software or any similar software solution.

N. RESPONSIBILITIES WHEN RESPONDING TO CALLS FOR SERVICES

1. When the Contractor is called to the scene of a vehicle tow or a collision scene, the Contractor’s employee will clean-up all debris at the scene in accordance with CVC § 27700 without charge to the City.
a. Police employees should not call a rotational tow to the scene of a collision for the sole purpose of cleaning up debris. However, should this occur or become necessary, the Contractor may bill the City for the cost of the response in accordance with the City’s Towing and Storage Fee Schedule.

O. PERFORMANCE DURING INCLEMENT WEATHER OR DISASTERS

1. The Contractor acknowledges that the services provided under this contract are integral to the operations of the City of Santa Ana and the Santa Ana Police Department. Therefore, the Contractor agrees to perform the duties of this contract regardless of weather or other adverse conditions including, but not limited to, any disasters whether man-made or acts of God.

2. During periods of inclement weather or disaster, the Contractor shall agree to adjust staffing levels to meet the increased demands for service during these times.

3. Should the Contractor be unable to fulfill their responsibilities under the conditions described in this section, the Contractor shall be responsible for any and all costs incurred by the City should the need to hire outside contractors become necessary to meet the needs of the Police Department due to the Contractor’s default.

P. PROTECTION OF THE PUBLIC AND DAMAGES TO EXISTING STRUCTURES

1. The Contractor shall exercise due care and caution at all times for the protection of all persons and property. All fines, penalties and/or repair charges resulting from the Contractor’s actions shall be the sole responsibility of the Contractor.

2. Understanding that the Contractor will respond to calls involving traffic collisions or traffic hazards, and pursuant to CVC § 22513, the Contractor shall only place or use equipment to block vehicle traffic lanes or render assistance to a motorist while City Council 20 – 93 8/4/2026

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exercising due care for the safety of the tow truck driver, the motorist and the motoring public. Tow truck drivers should be trained in scene management in accordance with this section. The Contractor shall ensure that all appropriate traffic safety warning devices are utilized as deemed necessary.

3. Contractors will be required to respond to calls where vehicles have collided with other objects and may have already caused damage to varying degrees. The methods proposed by the Contractor for towing and recovery services shall be reasonable and consistent with industry standards, best practices, and in a manner that shall not cause unnecessary additional harm, deface or damage any City or private property. In the event that damage to the City’s right-of-way or private property has occurred due to the negligence of the Contractor, the Contractor shall be solely responsible for its repair or replacement in excess of the amount covered by the required insurance.

Q. RECORDS

1. The Contractor shall keep accurate records concerning all vehicle tows, vehicle storages and vehicle releases or disposition.

2. In addition, the Contractor shall maintain accurate records of his/her employees or agents and provide the City with names and telephone numbers of emergency contact employees.

3. The Contractor shall complete a report each calendar month indicating the number of calls for service, the number of vehicles towed, the number of vehicles in storage (regular and secure) and their current status, vehicles released, vehicles sent to lien sale, the status of any other vehicles or services rendered by the Contractor on behalf of the City, GPS information (if requested by the City) or any other information as may be required by the City’s Project Manager or designee.

4. A phone log will be submitted monthly of all calls from the Santa Ana Police Department to the Contractor, identifying whether or not those calls required a request for service, and a description of the action taken as a result of the call.

5. The Contractor shall provide monthly customer service phone logs from the public, indicating name, date, time and phone number of caller, reason for the call, any specific requests, the Contractor’s response or action, and the amount of time required to address request. Such logs shall be accurate and truthful.

6. The Contractor shall permit the City to inspect and audit its books and records regarding City provided services at any reasonable time.

R. AUDITS AND INSPECTIONS
The Chief of Police or his designee shall conduct regular audits and inspections of the Contractor(s) assigned to this project to ensure they are fulfilling their responsibilities in accordance with the terms and conditions of this agreement. All work found during such audits or inspections to be substandard or failing to conform to the requirements of this agreement shall be corrected immediately by the Contractor and the City shall have City Council 20 – 94 8/4/2026

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the right to immediately suspend the Contractor from the rotation list until the issue(s) is/are corrected. Failure to correct, as set forth in Section 13, Subsection b, of the Agreement may result in termination of the contract.

S. INVESTIGATION OF ALLEGED VIOLATIONS, RULES, OR TERMS AND

CONDITIONS OF AGREEMENT
Whenever an alleged violation is lodged against a Contractor or initiated by the Police Department, the Traffic Commander shall assign a supervisor from the Traffic Division to investigate any allegations. A fair, impartial and comprehensive investigation shall be conducted and the findings documented for review. To the extent required by law, the Contractor shall cooperate fully in the investigation and provide any documentation requested by the investigator to assist in making a finding. In addition, the Contractor shall be given the opportunity, either orally or in writing, to respond to the complaint at the point deemed appropriate by the investigator. The City expects that the Contractor will demonstrate professional business practices and truth in reporting as it relates to any records or information requested.

Violations shall include, but not be limited to, situations such as poor customer service, failure to comply with non-safety related terms of the agreement, or minor equipment or facility deficiencies, situations involving honesty, integrity, safety, security, gross overcharging of a customer or a pattern of overcharging, failure to comply with the provisions of CVC § 22658 as it relates to PPI’s, criminal violations involving such crimes as DUI, drug related offenses, theft, or any other crimes involving moral turpitude, or significant, repeated or flagrant violations of this agreement.

If it is determined that criminal charges are appropriate, the assigned investigator shall document the incident on a crime report and present the case to the appropriate prosecuting authority for review.

Based on the nature and seriousness of the misconduct being investigated, the Chief of Police may temporarily suspend the Contractor, or its agent individually, from the rotation list until the investigation is completed and a proper disposition is reached.

The standard for sustaining a violation made against the Contractor or the Contractor’s agent shall be a preponderance of the evidence, regardless of the nature of the violation. Other investigative findings may include unfounded (false or factually incorrect), exonerated (action occurred but was lawful or within the terms of this agreement) or not sustained (inconclusive due to insufficient evidence or independent witnesses).

All alleged violations shall be forwarded to the Traffic Commander for review.

Upon a determination of a sustained violation, a recommendation for discipline shall be made, if appropriate.

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T. DISCIPLINARY ACTION
The Contractor agrees that failure by the Contractor, or its agent, to comply with the law or terms and conditions of this agreement shall be cause for disciplinary action.

However, nothing in this agreement shall preclude the City from taking appropriate enforcement action for violations of the law. Within 60 days of receipt of an alleged violation, the Traffic Commander shall review the findings of the investigation and recommend disciplinary action, if appropriate. The Traffic Commander shall take into account the nature of the alleged violation, the findings of the investigation, past violations made against the Contractor, and/or sustained against the Contractor, and past practice of the Department to maintain equitable treatment of all Contractors assigned to the rotational tow list. Depending on the nature and complexity of the sustained violation, the Traffic Commander may allow the Contractor or designee to provide a brief written statement for consideration and/or may contact Contractor to ask additional questions.

Disciplinary action shall typically be progressive in nature and based on the Contractor’s record during the previous 5 years from the date of the sustained violation. Therefore, multiple violations for similar offenses, regardless of their severity, will result in increased disciplinary action. However, this does not preclude the Traffic Commander from recommending more serious disciplinary actions where violations have been committed or there are aggravating factors associated with the misconduct.

The following actions may be recommended:

1. No further action.

2. Issue a written warning.

3. Impose a suspension for violations (1 to 30-days).

4. Impose a suspension for significant, flagrant, repeated, or multiple violations (30 to 90- days).

5. Termination of the contract for cause and immediate removal from the rotation list.

The Contractor shall be notified in writing of the City’s intent to impose disciplinary action. The Traffic Commander shall have the authority to impose discipline up to and including the imposition of a suspension for violations as long as the suspension does not exceed 30-days in length. However, nothing in this article shall preclude the Traffic Commander from reducing the recommended discipline based on mitigating factors. Recommended suspensions exceeding 30-days in length or termination from the rotation list shall be approved by the Field Operations Bureau Commander prior to imposition.

The Traffic Commander may recommend to the Chief of Police the immediate termination of this agreement if the conduct of the Contractor, or its agents, are determined to pose a danger to the public, have an excessive number of violations that tax the investigative resources of the Police Department, or the Contractor’s actions reflect negatively upon the City.

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U. RIGHT TO APPEAL
Upon receipt of a notice to impose disciplinary action, the Contractor shall have the right to submit a written appeal within ten (10) business days to the Field Operations Bureau Commander.

Upon receipt of the written appeal, the Field Operations Bureau Commander shall issue their findings in writing within ten (10) business days. Upon receipt of the Field Operations Bureau Commander's finding(s), if the Contractor disagrees with the findings, the Contractor's final remedy is submitting a written final appeal to the Chief of Police with a copy to the Traffic
Commander. Upon receipt of the Contractor's final written appeal, the Chief of Police shall issue a written decision within (10) business days. The decision of the Chief of Police shall be final.

Disciplinary action shall not be imposed until the appeal process has been exhausted.

However, if the conduct of the Contractor is deemed to be so egregious or poses a danger to public safety, the City may exercise its right to immediately suspend the Contractor as set forth in this agreement. Failure to submit a written appeal will waive the Contractor’s right to further appeal and disciplinary action shall be imposed.

In the event the City serves the Contractor with Notice of Termination from the Contract and the Contractor seeks an appeal, the contractor will retain its position on the rotation and disciplinary action will be delayed pending the appeal process. In the event the CITY elects to modify the discipline imposed on the Contractor, the Contractor agrees they shall not be entitled to recover any costs, compensation, damages, losses, and/or expenses of any type or description from or file a claim against the City, its officers, employees, and appointees, arising out of or related to, in any manner, a violation alleged against, or discipline imposed upon the Contractor.

V. SUPERVISION OF CONTRACT AND MEETINGS WITH CITY
All work shall meet with the approval of the Santa Ana Police Department. As determined necessary by the City, there shall be a minimum of one monthly meeting with the Contractor and the City representative during the first year to determine progress and to establish areas needing attention. Status reports of activities performed by the Contractor will be submitted in writing to the City on a monthly basis or as determined necessary by the City.

Any specific problem area which does not meet the conditions of the specifications set forth in Exhibit A or the Agreement shall be called to the attention of the Contractor and if not corrected, may result in the Contractor being found in default of this agreement which may result in suspension from the rotation list until the issue(s) is/are correct in a manner satisfactory to the City or termination of the Agreement.

City Council 20 – 97 8/4/2026

EXHIBIT B

COMPENSATION
Fee Proposal including hourly rates if applicable
City Council 20 – 98 8/4/2026
Santa Ana Police Department
(revision 5/31/24)
AUTHORIZED TOWING AND STORAGE FEE SCHEDULE*
Service Fee
Stored Vehicle Release Fee (PD) N/A
Class A $235.00
Class B or Flatbed $287.00
Class C $421.00
Class D $468.00
Dolly, Go-Jacks or Linkage Fee $62.00
Rollover or Winching Fee $136.00
Clean-up Fee (fee to City capped
at $35.00 per occurrence)
$62.00
Hazmat Fee (per five (5) gallon
bucket)
$119.00
Vehicle Storage Fees (Daily)
Class A – Outside $72.00
Class A – Inside $79.00
Class B – Outside $84.00
Class B – Inside $89.00
Class C or Class D – Outside $88.00
Class C or Class D – Inside $95.00
After Hours Release
50% of the
authorized
towing charge
Minimum Service Call or Drop Fee
50% of the
authorized
towing charge
Lien Sale
As authorized by
the California Civil
and Vehicle Codes
Mileage (per mile outside the
corporate city limits) $9.00
* Fees indicated herein will become the City’s maximum authorized rates effective at the time of contract implementation; minimum 1 hour.

City Council EXHIBIT 20 – 992 8/4/2026

EXHIBIT C

INSURANCE REQUIREMENTS
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FOR PROPOSER’S REFERENCE ONLY
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. • Commercial 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, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000.

Required policy limits can be met with primary and umbrella/excess insurance policies. • 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. Contractor attests that its workers’ compensation coverage extends to all persons who will be working with the City under the agreed scope of services.
• Garagekeeper’s Legal Liability: with a limit not less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate.

Suppose Contractor maintains broader coverage and/or higher limits than the minimums shown above. In that case, 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.

EXHIBIT 3 –

INSURANCE REQUIREMENTS
City Council 20 – 101 8/4/2026

CITY OF SANTA ANA
FOR PROPOSER’S REFERENCE ONLY

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.

City Council 20 – 102 8/4/2026

SERVICE AGREEMENT

ROT ATIONAL TOW PROVIDER
THIS AGREEMENT is made and entered into on this 4th day of August, 2026 by and between Standard Enterprises, Inc., a California corporation dba To' and Mo' Towing (hereinafter "Contractor"), and the City of Santa Aria, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").

RECIT ALS
A. On May 5, 2026, the City issued a Request for Proposal No. 26-057 ("RFP"), by which it sought proposals for police rotational towing and storage services B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide services desciibed in the scope of work that was included in the RFP. The RFP is referenced herein as if incorporated in full.

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

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

1. SCOPE OF SERVICES
Contractor shalt provide veicle towing arid storage service at the request of the Santa Aria Police Department, on a rotational basis, in accordance with the terms and conditions set forth in the Scope of Service, attached hereto as Exhibit A and incorporated by this reference. The City intends to contract with several tow companies to provide necessarytowing services on a rotational basis, "Towing services may include, but are not limited to, towing vehicles from public or private property at the direction of Police employees, owner's request for a tow made via the Police Department, the storage of vehicles, the secure storage of vehicles containing evidentiary value, debris clean-up and removal, recovery services and administrative oversight of vehicles in the custody of the Contractor.

2. COMPENSATION
a. The parties intend that towing and storage fees will be paid by the vehicle owner at the rates aid charges set forth in Contractor's then current and approved fee schedule, attached as Exhibit B and incorporated by this reference. b. When Contractor provides services chargeable to the City as set forth in Exhibit A, the Contractor shall submit a monthly invoice by the 1 5th of the month to the City for any such services rendered in the prior month, if applicable, The invoice shall include all

EXHIBIT 3
City Council 20 – 103 8/4/2026
information enumerated in California Vehicle Code ("CVC") §2265 1.07(e) and include the following information:
i. Contractor's invoice number
ii. Santa Ana Police Department's case number
c. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance for professional towing services or in accordance with the standards set forth in this agreement. d. City imposed storage fees received by the contractor shall be remitted to the City by the 15th of each month for any and all vehicles released during the prior month. A vehicle release report, wich reconciles the vehicles released by the contractor, will also accompany the payment to the City. Payments shall be remitted to:

Santa Ana Police Department
Attention: Det. Sgt. Ricardo Diaz - Traffic Division
60 Civic Center Plaza
Santa Ana, CA 92702
e. Adjustments to the Towing and Storage Fee Schedule
The Police Rotational Tow Manager or his designee shall examine the towing and storage rates authorized in accordance with this agreement on an annual basis. The Program Manager may adjust the annual towing and storage rates based on the most recent statistics, as follows: the two indices which will be used for determining adjustments to the towing and storage fee schedule shall be the prior twelve (12) months, reporting month. December, Consumer Price Index (CPI) for All Urban Consumers for Los Angeles-Anaheim-Riverside Consolidated Metropolitan Statistical Area, published by the United States Department of Labor's Bureau of Labor Statistics or any relevant successor for the Orange County area, and the twelve (12) month December Producer Price Index for Petroleum (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety (90%) percent and PPI shall be weighted at ten (10%) percent.

However, fee adjustments will only be made if justified and shall occur at the sole discretion of the Chief of Police based on recommendations from the Police Rotational Tow Program Manager.

3. TERM
This Agreement shall commence on September 1, 2026 and continue for a one (1) year term until August 31, 2027, with the option for the City to grant up to four (4) one (1) year extension(s), exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below

4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an

City Council 20 – 104 8/4/2026
independent Contractor and not an employee of the City. Tis Agreement is not intended nor shall it be construed to create an employer-employee relationsip, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. INSURANCE
Insurance requirements are attached hereto as Exhibit C.

6. HOLD HARMLESS/INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Contract (including, without limitation, defects in workmanship and/or materials) or Contractor's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, notbing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attomey's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor

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

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(3) years from the date of final payment to Contractor under this Agreement.

8. CONFIDENTIALITY
If Contractor receives from the City infornnation 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 tis 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 pany 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.

9. CONFLICT OF INTEREST CLAUSE
a. Contractorcovenantsthatitpresentlyhasnointerestsandshallnothaveinterests,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 cornrnission 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 of all relevant circumstances. Failure to comply with the provisions of tis paragraph will be a material breach of this Agreement.

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e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (inwhole or inpart) 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.

10. 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 infortnation, 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.

11. EXCLUSIVITY AND .=UVIENDMENT
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.

12. ASSIGNMENT
a. 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.
a. Unless previously approved by the City, the sale or transfer of the controlling interest in a company shall be cause for irnrnediate termination of this contract and the Contractor shall be replaced on the Rotational Tow List by another company on an existing eligibility list or duffig a future RFQ process.

13. TERM[NATION
a. The City reserves the right to immediately terminate the contract, without penalty, for cause.

City Council 20 – 107 8/4/2026
b. In the event Contractor fails or refuses to timely perform any of the provisions of tis Agreement in the manner required, or if Contractor violates any provision of this Agreement, Contractor shall be deemed in default. City shall provide written notice of such default to Contractor's Project Manager. If possible, the Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may terminate the Agreement forthwith by giving written notice to Contractor' s Project Manager, The City may, in addition to the other remedies provided in this Agreement or authorized by law, terminate this Agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during Contractor's default.

C. As described in Exhibit A, concerning the investigation and disposition of violations, the City may terminate this agreement immediately for cause if it has been determined by the Traffic Commander, with concurrence from the Field Operations Bureau Commander, that the Contractor has committed rule violations associated with this agreement, or has committed violations of the law, and termination of the contract is deemed to be the appropriate disposition. d. This agreement may be terminated without cause by City by written notice delivered to the Contractor either personally or by mail, thirty (30) days prior to the end of the then current tertn. Upon termination, City shall pay Contractor for services rendered as specified in the Agreement prior to the effective date of termination.

14. CONTRACTOR OPTION FOR TERMINATION
The Contractormayrequesttermination ofthe contract when conditions during the contract make it impossible to perform or when prevented fromproceeding with the contract by act of God, by law or official action of a public authority or in the event of nonpayment by the City. Such request will require ninety (90) days written notice prior to contract termination date requested. 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.

15. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS
Contractor shall make every effort to solicit and advertise employment opportunities to Santa Ana residents, The City shall inform the Contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Contractor shall provide to City, a description of efforts and procedures used to notify residents of employment opportunities as they occur but, at a minimum, once each year prior to the City exercising its option to extend the contract.

City Council 20 – 108 8/4/2026

16. CONTRACTOR' S PARTICIPATION AT COMMUNITY MEETINGS EVENTS

AND PUBLIC AWARENESS CAMPAIGNS
If requested by City, the Contractor shall agree to participate in community meetings, community events and public awareness campaigns, such as National Night Out, DUI presentations or any other neighborhood or City event. Such participation shall be upon City request provided with reasonable notice of the event. Such events will not exceed four (4) requests per year.

17. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
a. Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. b. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of tbjs contract.

18. FINES
The Contractor shall be liable for all violation fines levied against the City by any Federal, State or local agency, including but not limited to the Air Quality Management District (AQMD), and the Regional Water Quality Control Board, due to the action or failure to act by Contractor

19. 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.

20. 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, Califoria, 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 Agreemertt.

21. 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

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Santa Aria 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.

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

To City:

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

Chief of Police
City of Santa Aria
60 Civic Center Plaza
Santa Ana, California 92702
Fax: 714-245-8190
Traffic Division
City of Santa Ana
Santa Aria Police Department
Attn: Traffic Commander
60 Civic Center Plaza
Santa Ana, CA 92702
Fax 714-245-8190
City Attorney's Office
City of Santa Aria
Attn: Police Legal Advisor
20 Civic Center Plaza
Santa Ana, CA 92702
Fax (714) 647-6515
To Contractor:

Standard Enterprise, Inc. dba To' and Mo' Towing
Attn: Modesto Sanchez, CEO
518 N. Poinsettia Street
Santa Aria, CA 92701

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City Council 20 – 111 8/4/2026

EXHIBIT A

SCOPE OF SERVICES
City Council 20 – 112 8/4/2026

CITY OF SANTA ANA

EXHIBIT A

SCOPE OF SERVICES

SCOPE OF SERVICES
A consultant hired pursuant to this RFP shall be responsible for Police Rotational Towing and Storage Services with the Santa Ana Police Department, as outlined in the SAMC § 32-"107. The successful Contractor(s) must agree to perform all services as outlined herein within the corporate city limits of the City of Santa Ana or any other jurisdiction as directed by a member of the Santa Ana Police Department.

IMPLEMENT ATION
A. The selected Contractor(s) will collectively assume responsibility for all towing and storage needs, and all other related functions as described in the RFP, for the Santa Ana Police Department on a rotational basis.

B. The Contractor shall ensure that all employees working on this project meet the minimum personnel and training standards identified herein. In addition, the Contractor should include a list of additional training provided to the Contractor's staff demonstrating proficiency and excellence in the field.

C. City Staff shall have the right to modify, reduce or delete rotational tow services and remove contract personnel with prior notice to Contractor.

The Contractor shall provide sufficient personnel and equipment, but in no case less than the minimum required, to carry out the duties contained in this RFP within specified timelines.

USE OF ROTATIONAL TOW LIST
A. CRITERIA AND RULES FOR USE BY POLICE EMPLOYEES
The City agrees to utilize the rotational tow list for all service requests initiated by members of the Santa Ana Police Department except where provided for in this agreement. Therefore, the City agrees to operate under the following policy guidelines unless reasonably necessary to deviate due to exigent or unforeseen circumstances:

4. Wheneverthedriverorownerspecifiesaparticularclub,associationortowservice to care for his/her vehicle, the garage or tow service requested shall be called and such calls shall not constitute a rotational tow call.

2. When a driver does not specify a particular garage or tow service, the garage or City Council 20 – 113 8/4/2026

CI'TY OF SANTA ANA
tow service called shall be taken from the rotational list in numerical order. When more than one vehicle is to be towed from a collision scene and the drivers do not specify a preference, the rotation list shall be followed on the basis of one tow truck for each vehicle utilizing the numerical rotational order. The rotation list shall be followed on a per vehicle basis rather than per collision or call for service. When multiple Contactors are called to the same incident, the distribution of vehicles shall be determined by the police officer at the scene.

3. If the eligible Contractor does not answer the telephone or acknowledge the call via a soffware dispatch system, is unable to respond, unable to perform the required services, refuses to respond or provide the requested service, or is cancelled due to an excessive response time, that company shall be passed over and shall not be eligible until the Contractor comes up on the rotation list again.

4. It shall be the responsibility of the Contractor to notify the Police Department if it is unable to respond within the required time limit or with the appropriate equipment for the type of service requested.

5. If it is determined, the Contractor is not needed and is cancelled by the Police Department or the vehicle owner, the Contractor shall be placed back on top of the rotation list and no charge shall result from the call.

6. The rotation list shall be used on occasions where an officer stores or impounds a vehicle and the driver or owner is not consulted or is not present.

7. All employees of the Police Department are specifically prohibited from soliciting or recommending any garage ' a
are directed to ascertain from the party in charge of the vehicle as to their preference of a towing agency. A request of "no preference" by the person in charge will be relayed to dispatch by the officer and will result in a call to the Contractor that is next up on the rotation list.

B. REPORTING PROCEDURES

4. All officers requesting a tow truck from the rotational list for the towing, storing or impounding of a vehicle shall complete the Santa Ana Police Department storage/impound form when required by Departmental policy or procedure. The Form shall be signed by both the officer and the driver of the tow truck. A copy of the Santa Ana Police Department storage/impound form shall be given to the tow truck driver prior to the vehicle being towed from the scene.

IV. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES
A. WORKING HOURS AND RESPONSE TIMES

1. All services under this contact shall be available 24-hours per day, seven (7) days per week, 365-days per year without exception.

2. The Contractor shall also make reasonable accommodations for its personnel to City Council 20 – 114 8/4/2026

CITY OF SANTA ANA
attend meetings with City staff from the Police Department, City Attorney's Office or any other City Agency as required by the Project Manager.

3. The Contractor shall be required to have a dispatcher on-duty 24-hours per day with the capability to communicate instantly with all trucks and/or drivers assigned to this project.

4. All requests for tow services shall be acknowledged or refused within three (3) minutes by the Contractor's dispatcher.
a. A 20-minute response time is required for tow requests requiring a Class A tow truck.
b. The Contractor shall be required to comply with this requirement by providing appropriate staffing levels and, if necessary, strategically staging personnel during peak traffic times to allow drivers sufficient time to arrive while complying with all traffic laws and regulations in their response to service requests.
c. For any request requiring a Class B, C or Class D tow truck, the Contractor shall have the necessary equipment on scene within 45 minutes of notification by the Police Department's Communications Division if a Department employee identifies the need for such equipment or when determined by the Contractor's employee affer responding to the scene and assessing the situation.

5. The Contractor shall be required to have a minimum of one (1) driver on duty 24- hours per day, seven (7) days per week. In addition, the Contractor shall have at least one (1) other driver on-call or stand-by.
a. The contractor is expected to have a Class A, B, C, and D driver available at all times.
b. Contractor is expected to have a Class A, B, C, and D tow truck available at all times.

B. CONTRACTOR AND PROJECT MANAGEMENT REQUIREMENTS

1. The Contractor shall furnish all personnel necessary to fulfill the obligations of this RFP.

2. A list identifying the names of all personnel assigned to work on this project on behalf of the Contractor shall be provided to the City's Project Manager or designee. This information shall include the name, date of birth, driver's license number, social security number, business and residence addresses, the Contractor's Project Manager and secondary supervisor, and all tow truck operators working pursuant to this agreement.

3. The Contractor shall identify the person assigned as the Contractor's Project Manager for this project. That person shall be available to the City during normal business hours and will be the primary contact between the City and the Contractor on matters relating City Council 20 – 115 8/4/2026

CITY OF SANTA ANA
to the enforcement services provided through this RFP. This person shall have substantial expertise and experience in tow and recovery operations as well as business operations for the company.

4. The Contractor's Project Manager shall be the primary daily operations contact to the City and as such, shall do the following:
a. Respond to complaints from the Police Department, customers or the community. A copy of any complaints lodged directly with the Contractor regarding services provided under this contract shall be provided to the City's Project Manager or designee immediately as well as the steps being taking to resolve the complaint and the date a resolution can be expected. A copy of the final disposition shall also be provided to the Project Manager or designee within 15-days unless an extension has been granted in writing prior by the Project Manager.
b. Contact the City's designee at least once per month to discuss and clarify operational assignments and expectations;
c. EnsurethattheContractor'spersonnelperformthedutiesasrequiredbytheRFP; and
d. Prepare and submit monthly reports as required.

5. The Contractor shall be required to designate a second person that may be contacted in the absence of the Contractor's Project Manager. This person shall also have authority over the Contractor's personnel and shall be a member of the Contractor's staff with authority to represent the Contractor on policy matters.

C. CONTRACTOR'S PERSONNEL REQUIREMENTS

1. Each of the Contractor's employees performing work pursuant to this RFP shall:
a. Be approved by the Project Manager or designee to perform work on behalf of the City.
b. Have ability to read, write legibly, speak and comprehend the English language - Bilingual fluency in Spanish or other language approved on the City's bilingual list is preferred.
c. Beaminimumofl8yearsofage;
d. All tow truck drivers employed by the Contractor and used for this project must be competent and proficient in all aspects of their duties related to tow and recovery services. This requirement shall provide that any tow driver responding to a scene will be capable of safely towing and/or recovering a vehicle under most circumstances without delay.
e. All tow truck drivers employed by the Contractor shall complete an approved tow truck driver training program approved by the California Highway Patrol (CHP) pursuant to their Tow Service Agreement Advisory Committee (TSAAC) prior to performing any work related to this project. Upon selection, proof of successful course completion, the name of the provider and the curriculum taught shall be provided to the Project Manager or designee prior to any driver performing anywork on behalf of the City. A list of the 2019-2020 TSACCA training providers may be found in Exhibit 5 of this agreement or in the CHP's2019-2020 Tow Service Agreement available at
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CITY OF SANTA ANA
https://www.chp.ca.qov/ResearchAndPlanninqSectionSite/Documents/2019- 2020 TSA.pdf

2. Pass a background and fingerprint check that shall include a review of the employee's criminal history that would pose a liability for the City including crimes or violence, moral turpitude, theff or unsafe driving practices. Contractor is responsible for providing and running all background checks.

3. The Contractor and all tow truck drivers shall be required to participate in a controlled substance and alcohol testing (CSAT) program and provide proof of enrollment.
a. Drivers requiring a Class A, Class B or commercial Class C (endorsed for hazardous materials transportation) shall paficipate in a CSAT program as defined in the Code of Federal Regulations, Title 49, Parts 40 and 382. b. Drivers not required to possess a Class A, Class B or commercial Class C license shall also be enrolled in a CSAT program substantially similar to the requirements outlined above.
c. The Contractor shall ensure selection pools for commercial and noncommercial licensed drivers are maintained separately. d. A driver possessing a non-commercial driver's license who returns with a positive test result shall meet the same reinstatement requirements as a driver required to possess a commercial driver's license.

4. All employees assigned by the Contractor shall have a valid California driver's license and remain in good standing with the California Department of Motor Vehicles.
a. Tow truck drivers must possess the proper license class, including endorsements, for any tow truck or combination of tow truck and vehicle they operate in the performance of their duties pursuant to this contract. Tow truck drivers shall remain certified and in compliance with CVC § 12520 at all times. b. The Contractor and all tow truck drivers shall be enrolled in the Employer Pull Notice (EPN) program.
i. The Contractor shall provide a current list of drivers and a copy of the EPN report.

Newly hired tow truck drivers shall be enrolled in the EPN program and proof provided to the Santa Ana Police Department within 30 days of the employee's hire date.

5. Only employees of the Contractor necessary to complete an assignment shall respond to the scene of a request for service (no spouse, children, animals, etc.).

6. Tow truck drivers shall perform all towing and recovery operations in the safest and most expedient manner possible.

7. Under no circumstances shall a Contractor's employee carry or be armed with any type of weapon whatsoever while providing service pursuant to this RFP.

8. The Contractor shall provide and pay for all uniforms for contract personnel City Council 20 – 117 8/4/2026

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assigned to work in the field.
a. Uniform specifications shall include the name of the company and the employee's name affixed to the employee's shirt.
b. The City's Project Manager or designee shall review and approve all uniforms.

Uniforms shall fit properly without excessive wear. The uniform must be clean, free of any offensive odors and present a neat appearance. c. All tow truck drivers shall wear appropriate safety garments (e.g. vests, jackets, shirts, retroreflective clothing) in accordance with California Code of Regulations, Title 8, § 1598. If the tow truck driver is working on a Federal-aid highway, the operator shall comply with the guidelines contained in the Federal Code of Regulations, Title 23, Highways, Chapter 1, Federal Highway Administration, Department of Transportation, Part 634, Worker Visibility, which requires high-visibility personal protective safety clothing to be worn that meets the Performance 2 or 3 requirements of the ANSI/ISEA 107-2004.

9. The City's Project Manager or designee shall conduct the final review of all contract
employees prior to being assigned to perform services related to this project on behalf of the City of Santa Ana. The Chief of Police or his designee has the ultimate authority and discretion regarding personnel working under this contract. The Chief of Police or his designee may remove contract personnel, upon telephone notification to the Contractor.

D. REQUIREDTOWVEHICLESANDEQUIPMENT

4. At a minimum, the Contractor shall possess, maintain and be the listed registered owner of the following classes of tow vehicles (meeting requirements as defined in the most current version of CHP 234B - Tow Truck Inspection Guide):
a. Four (4) Class A tow trucks designed for light duty towing operations. b. One (1) Class B tow truck designed for medium duty towing operations. c. One (1 ) Class C tow truck designed for heavy duty towing operations. d. One (1 ) Class D tow truck designed for heavy duty towing operations.

2. The Contractor shall provide a listing of all towing vehicles or any substitute vehicle that may be used pursuant to this agreement. Such list must provide the following information:
a. Make, model, and year.
b. Tow truck classification (e.g. Class A).
c. Vehicle and engine identification numbers.
d. Company identification number.
e. California license number.
f. Company vehicle color(s).

3. The company name, business address, telephone number and tow truck identification number shall be permanently and properly affixed to each vehicle in a manner prescribed pursuant to CVC § 27907.

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4. There shall be no words or language affixed to the vehicle associating the Contractor or the vehicle with the Santa Ana Police Department (e.g. "official police tow") without the prior written approval of the City's Project Manager.

5. At no time shall the Contractor exceed the gross vehicle weight rating (GVWR) and/or safe loading requirements of the tow truck, including, but not limited to, exceeding the tow trucks GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or failure to maintain 50 percent of the tow truck's unladen weight on the front axle when lifting or carrying a load.

6. The authorized Towing and Storage Fee Schedule shall be posted in public view in all tow trucks.

7. All of the vehicles identified above and used in accordance with this agreement shall be equipped with the minimum equipment required to perform towing operations as well as the equipment pursuant to CVC § 27700 and the "Service and Other Equipment" section of the CHP 234B (Tow Truck Inspection Guide) form. The Contractor may also be required to carry any other safety devices reasonably required by the City.

8. The contractor shall maintain all vehicles and equipment in good repair for use by the Contractor's employees assigned to perform services pursuant to this agreement. The Contractor shall be responsible for, and pay for all operating expenses, equipment, maintenance and insurance for vehicles assigned to perform work related to this agreement. All tow trucks shall be equipped and maintained in accordance with applicable sections from the California Vehicle Code, Title 13 of the California Code of Regulations, the requirements of this RFP and industry standards.
g. All vehicles shall be kept clean, be free of offensive odors and maintain a professional appearance.

10. AIItowtrucksshallbeinspectedannuallybytheCaliforniaHighwayPatroland maintain a current Commercial Vehicle Safety Alliance (CVSA) decal. The Contractor shall provide current copies of CHP 234B (Tow Truck Inspection Guide) and CHP 407F- (Safetynet Driver/Vehicle Inspection Report) for each vehicle to the City's Project Manager or designee.

11. The Contractor agrees that the Santa Ana Police Department may inspect any vehicle, without prior notice, at any time during normal business hours.

12. The Contractor shall provide instant communication access via cellular phone or radio to all personnel while performing their duties.

E. GLOBAL POSITIONING SYSTEM (GPS)
It is highly desirable for the Contractor to provide GPS capabilities in all of their tow trucks. If offered for consideration in the Contractor's Response, the City and City Council 20 – 119 8/4/2026

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Contractor shall be able to view this information via computer in real time and the Contractor shall provide GPS reports at the request of the City.

F. CONTRACTOR'S BUSINESS OFFICE REQUIREMENTS

1. TheContractorwillalsoberequiredtomaintainofficehoursbetween8:00amand 5:00 pm, seven (7) days a week, 365 days per year so vehicle owners can retrieve stored or impounded vehicles. An applicable gate fee may apply for vehicle releases after normal business hours.

2. The Contractor shall maintain an office and storage facility within the corporate limits of the City of Santa Ana and remain in compliance with any requirements imposed by the Police Department, the Planning Division or any other Department, Agency or Agent of the City of Santa Ana in accordance with federal regulations, state law, the Santa Ana Municipal Code and this agreement.

3. It is preferable that the office and storage facility be at the same location to minimize the impact on the community. However, should additional locations exist, the Contractor agrees to conduct all business from the primary facility and any costs associated with operating a secondary location and/or moving vehicles to or from that secondary location shall not be passed along to any customer covered under this agreement.

4. The primary facility shall have a sign clearly visible to the public that identifies the location as a towing service.

5. The business hours shall be clearly posted.

6. The office shall be sufficiently staffed to allow customers to speak with a company representative during normal business hours without unnecessary delay.

7. Current and approved rates pursuant to the Towing and Storage Fee Schedule shall be posted
in public view in the Contractor's office and/or storage facility in compliance with California Civil Code § 3070 and CVC § 22651.07.

8. TheContractorshallcomplywiththeprovisionsofCVC§22651.1.

9. The Contractor shall maintain records of all tow services furnished by the Contractor at the primary office location.
a. Invoices shall contain the required itemized information pursuant to CVC 22651.07(e).
b. Itemized invoices shall contain a distinct notice upon the invoice stating, "Upon request, you are entitled to receive a copy of the "Towing Fees and Access Notice." This notice shall be contained within a bordered text box, printed in no less than "IO-point type pursuant to CVC 22651.07(a)(1 )(B)(3).

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relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, driver's record of duty status (intrastate and/or interstate), and Federal Communication Commission licensing (if applicable).
1l.The Contractor agrees that a representative from the Santa Ana Police Department may inspect all business records, facilities and vehicles without notice during normal business hours.

12. The Contractor shall permit the Santa Ana Police Department to make copies of business records at their place of business or remove business records for the purpose of reproduction.

13. Lien fees, or any fees related to the preparation of a lien, shall not exceed the amounts allowable in the Towing and Storage Fee Schedule, attached hereto as Exhibit 4, and in compliance with all relevant provision of the California Vehicle Code and California Civil Code.

I. STORAGEFACILITYANDVEHICLESTORAGEREQUIREMENTS

1. It is preferable that the storage facility is located at the same location as the primary business office. However, if located at a different location than the main office, the storage facility can be within the corporate limits of the City of Santa Ana or no further than three (3) miles from the corporate City limit and have an on-site release office at all storage lots. Persons seeking to take possession of their vehicle or property shall not be required to travel to more than one location to recover their vehicle from the Contractor's custody.

2. The storage facility and all vehicles towed at the direction of the City shall be made available to police personnel 24-hours per day, 7-days per week.

3. The entire storage lot must be sufficiently well lit to deter theft. Other theft deterrent devices (e.g. cameras, alarms, on-site personnel, etc.) are highly desirable.

4. The storage lot must be completely secured by a wall or fencing and a gate that is able to be locked to maintain security for stored and impounded vehicles. The minimum height requirement for the fence and gate shall be six (6) feet.

5. Thestoragelotshallbelargeenoughtoholdaminimumof100vehiclesatanygiven location. This requirement is the minimum area reserved For Santa Ana vehicles and additional space is highly desirable. All vehicles towed by the City shall be stored within the corporate city limits and the vehicle or any of its contents shall be made available for release within the corporate city limits. If multiple storage facilities are maintained, the Contractor shall only use the secondary lot when the primary lot is full and shall not charge for transportation beyond that of the main storage facility.

6. The Contractor shall also provide an inside storage facility, which must consist of four walls with a solid roof and a door equipped with a locking device. Additional security features are highly desirable. This facility shall be sufficient to reasonably protect vehicles from theff, tampering, weather, environmental conditions or any City Council 20 – 121 8/4/2026

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other circumstances that could cause the removal or contamination of evidence.

Access to this area by employees or other individuals shall also be restricted. This facility shall be capable of storing a minimum of four
(4) mid-sized vehicles for the City of Santa Ana and sufficient space to conduct forensic analysis of the vehicle on-site if necessary.

7. Vehicles impounded pursuant to CVC § 10751 shall be placed in an area of the storage facility that will provide sufficient space and privacy, allowing auto theff investigators to perform a vehicle inspection without delay. This requirement shall be required for the first ten ("10) days of impound.

8. Vehicleswillnotbereleased,soldordismantleduntilasignedreleaseformhasbeen obtained from the Santa Ana Police Department. The signed release form will be kept by the towing company as prooF of authority for the release.

9. Release forms are required for impounded vehicles and vehicles with a "hold" placed on them by police department personnel. The release form will indicate they are from the Santa Ana Police Department and shall only be signed by authorized members of the Police Department.
a. Stolen vehicles recovered by the Police Department will be released to the victim/owner by the Contractor with proof of ownership. Unless specifically noted, no release will be required from the Police Department. b. Stolen vehicles recovered by the Police Department requiring further investigation as determined by the handling officer will be impounded pursuant to CVC § 22655.5, thereby placing a hold on the vehicle. The impound box will be marked along with an explanation in the narrative. These vehicles will not be released until the victim/owner obtains a release from the Police Department. c. If the owner of the vehicle is unable to prove ownership to the tow agency, they will be referred to the Santa Ana Police Department and a release will be issued once ownership is established.
d. If a registered owner is unable to retrieve their vehicle from storage, a vehicle authorization form shall be provided by the Contractor to the person authorized to pick-up the vehicle. The authorized recipient, on behalf of the registered owner, will be required to provide identification for the Contractor to photocopy (front/back).

10. When a vehicle is impounded, the towing company will place the word "hold" or other similar notation on the windshield of the vehicle. This is to minimize unauthorized contact with the vehicle and to provide control measures to prevent the inadvertent release.
a. The responsibility for determining and placing the word "hold" or other similar notation on the windshield of the vehicle will be the responsibility of the Contractor at the time of vehicle possession. The Contractor's employee signature on the storage/impound report will acknowledge an understanding of the type of report completed by the officer and any necessary holds. The Contractor should clarify any misunderstandings or omissions on the report at this time.

14. Vehicles towed or stored with an "evidence hold" shall not be touched, moved or City Council 20 – 122 8/4/2026

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tampered with in any manner without the written consent of the City's Project Manager or designee.

12. The Contractor agrees to tow and store vehicles taken pursuant to an "evidence hold" as defined in CVC §§ 22655.5 or 22655(a) without charge to the City and agrees to release the vehicle to the owner at the City's request. The initial towing fee shall be billed to the owner of the vehicle. Unless waived in whole or in part by the City's Project Manager, the tow company may pursue collections from the registered owner for the initial towing fees. Furthermore, the Contractor may attempt to collect these fees, or make arrangements to collect these fees, at the time of release but shall not hold the vehicle in lieu of payment unless specifically authorized by the City's Project Manager or designee.

13. In any case where the Police Department inadvertently and/or erroneously causes the impound or storage of a vehicle, or fails to properly notify the owner in a timely manner, the Contractor agrees to release the vehicle at the request of the City's Project Manager or designee and waive all fees or charges associated with the tow.

14. Any personal property released from a vehicle shall occur atthe business office or primary storage facility and shall require authorization from the Police Department.

All property shall be released pursuant to CVC § 22851 (b) and CVC § 22651.07.

Personal property includes any property not affixed to the vehicle (e.g. clothes, cell phones, papers, pull-out / detachable face radios, etc.) J. CUSTOMER SERVICE
Contractor shall provide service which is accessible, courteous, responsive, timely, equitable and given in the spirit of professionalism and mutual respect. Contractor's personnel are a reflection of the City of Santa Ana and, as such, are expected to:

1. Interact with customers and City officials, whether in person or on the phone, in a pleasant, respectful and professional manner.

2. Give full attention to each customer's needs by asking questions. Provide information, products and service in an accurate, organized and complete manner.

Determine that the customer's request has been fulfilled.

3. Maintain a professional demeanor at all times that is free from rude, discourteous or harassing behavior.

4. Comply with all federal, state, county, and city laws and regulations.

5. Use adequate equipment that is kept clean and neat at all times.

6. Train other Contractor employees to be polite and courteous during public contact.

7. Employ truth and accuracy in reporting customer service records City Council 20 – 123 8/4/2026

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K. RATES AND FEES
Notwithstanding other provisions of this agreement related to rates and fees, the Contractor agrees to comply with the following provisions as they relate to rates and fees charged in accordance with this agreement:

1. For services provided pursuant to this Agreement, the Contractor shall collect towing, storage and other service fees from the vehicle owner at the time of release. Said fees shall comply with the Santa Ana Police Department's Towing and Storage Fee Schedule, attached hereto as Exhibit 4, and incorporated by this reference.

2. The Contractor acknowledges that the fee schedule is intended to list the maximum amounts for services rendered but nothing in this Agreement shall preclude the Contractor from charging less than the maximum fee allowed.

3. NothingshallprohibitaContractorfromsendingaCIassB,CorDtowtrucktoacall requiring a lighter class tow truck to perform requested services. However, the Contactor acknowledges that fees may only be charged for the class necessary to perform the requested services and not necessarily for the class of tow truck dispatched to the call.

4. No fees may be charged for personnel, equipment or services reasonably necessary to perform the required service.

5. No lien shall be placed on the vehicle for services performed or initiated, and subsequently cancelled on-scene by the Santa Ana Police Department, unless the Contractor has presented a written statement to the vehicle's registered owner or agent for the signed authorization of services to be performed pursuant to Civil Code § 3068(a).
a. The Contractor shall not attempt to take possession of a vehicle in order to establish a lien for any services performed or initiated and subsequently cancelled.
b. The Contractor shall not bill the City of Santa Ana or Santa Ana Police Department for any services performed or initiated, and subsequently cancelled by the department. However, in such cases, the incident shall not be considered a rotational call and the Contractor shall be returned to the top of the rotation list.

6. The Towing and Storage Fee Schedule shall be posted in the business offices, storage facilities and tow trucks pursuant to CVC § 22651.07.

7. Rate adjustments may be considered based on the criteria in Section Vl of the Scope of Services, Subsection B, 4, located below.

8. Contractor's failure to comply with the Towing and Storage Fee Schedule shall be subject to disciplinary action.

9. TheContractorshallnotseekpaymentfromtheCityofSantaAnaforservicesprovided pursuanttothisAgreement. However,theCityshallberesponsiblefortheFollowing charges ordered by the City pursuant to this Agreement:
a. Collision cleanup pursuant to Section IV, Subsection N, below; City Council 20 – 124 8/4/2026

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b. Other services authorized by the City's Project Manager prior to the performance of said duties.

L. MISCELLANEOUS PROVISIONS

4. The Contractor shall have a Carrier Identification and a valid Motor Carrier Property (MCP) permit, which shall be provided to the City's Project Manager or designee. The expiration or suspension of the MCP shall result in immediate suspension from the rotation list as well as possible disciplinary action.

2. TheremaybetimeswhentheContractorcomesacrossavehicleblockingtheroadway although not assigned to the call or next on the rotation list. At the discretion of the officer at the scene, the Contractor may be directed to assist in moving the vehicle to the side of the roadway only. This service shall be provided without cost to the City or vehicle owner, and shall not affect the Contractor's position on the rotation list.

3. The Contractor shall be held accountable for all vehicles, personal property and vehicle accessories once the vehicle is in the possession of the driver and/or stored at their Facility. The Contractor agrees to relieve the City, its officers, agents and employees of all responsibility once the vehicle is in the custody of the Contractor. 4, There shall be no photography or video recording at the scene of a tow or collision by the Contractor or any employee unless directly related to the towing operation.

Photographs or video recordings shall only be directed at vehicles or the area immediately surrounding the vehicle but in no case shall capture any image of a person(s) injured or killed at the scene.

5. The Contractor, nor any employee of the Contractor, shall accept from any person or offer a gratuity to any member of the City in violation of CVC § 1211 0(a) and the City's gift ban ordinance.

6. The Contractor shall remain in compliance with CVC § 'l 0652 as required.

7. Due to the negative perception of Private Party Impounds (PPI's) and the nexus to predatory towing practices, whether actual or perceived, the City of Santa Ana and the Santa Ana Police Department have an interest in ensuring any Contractor working on its behalf is not associated with these practices. In addition, tow companies that engage in PPI's are subjected to complaints and investigations on a more frequent basis than those that do not participate in this facet of the towing business. Therefore, the City strongly discourages any Contractor assigned to the rotational tow list from engaging in PPI's within the corporate limits of the City of Santa Ana. Subject to the investigative process outlined in the RFP, any company found to be in violation of PPI regulations including, but not limited to, applicable sections of CVC § 22658 or any other laws or regulations associated with PPI's shall be subject to suspension or immediate removal from the rotation list for sustained complaints or convictions for violations of the law.

M. UTILIZATION OF DISPATCH AND TRACKING SOLUTIONS SOFTWARE The City currently does not use dispatch and tracking software for rotational towing administration.

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The Contractor must be willing to enter into a separate agreement, contract, or license if the City acquires the use of dispatch and tracking software or any other soffware solution implemented by the City, with the owner of that proprietary soffware. The City shall not provide the software program, any licensing or sub- licensing thereof or any intermediary services for the procurement by the Contractor of the soffware program.

This Contract shall not be executed by the City until the Contractor has demonstrated to the City's Project Manager or designee satisfactory compliance with the requirements set forth herein. The Contractor shall be liable for all fees, charges, rates and service charges required for the procurement and use of dispatch and tracking software or any similar software solution.

N. RESPONSIBILITIESWHENRESPONDINGTOCALLSFORSERVICES

1. When the Contractor is called to the scene of a vehicle tow or a collision scene, the Contractor's employee will clean-up all debris at the scene in accordance with CVC § 27700 without charge to the City.
a. Police employees should not call a rotational tow to the scene of a collision for the sole purpose of cleaning up debris. However, should this occur or become necessary, the Contractor may bill the City for the cost of the response in accordance with the City's Towing and Storage Fee Schedule.

0. PERFORMANCEDURINGINCLEMENTWEATHERORDISASTERS

4. The Contractor acknowledges that the services provided under this contract are integral to the operations of the City of Santa Ana and the Santa Ana Police Department. Therefore, the Contractor agrees to perform the duties of this contract regardless of weather or other adverse conditions including, but not limited to, any disasters whether man-made or acts of God.

2. During periods of inclement weather or disaster, the Contractor shall agree to adjust staffing levels to meet the increased demands for service during these times.

3. Should the Contractor be unable to fulfill their responsibilities under the conditions described in this section, the Contractor shall be responsible for any and all costs incurred by the City should the need to hire outside contractors become necessary to meet the needs of the Police Department due to the Contractor's default.

P. PROTECTION OF THE PUBLIC AND DAMAGES TO EXISTING STRUCTURES 'l. TheContractorshallexerciseduecareandcautionatalltimesfortheprotectionof all persons and property. All fines, penalties and/or repair charges resulting from the Contractor's actions shall be the sole responsibility of the Contractor.

2. UnderstandingthattheContractorwillrespondtocallsinvolvingtrafficcollisionsortraffic hazards, and pursuant to CVC § 22!513, the Contractor shall only place or use equipment to block vehicle traffic lanes or render assistance to a motorist while City Council 20 – 126 8/4/2026

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exercising due care for the safety of the tow truck driver, the motorist and the motoring public. Tow truck drivers should be trained in scene management in accordance with this section. The Contractor shall ensure that all appropriate traffic safety warning devices are utilized as deemed necessary.

3. Contractors will be required to respond to calls where vehicles have collided with other objects and may have already caused damage to varying degrees. The methods proposed by the Contractor for towing and recovery services shall be reasonable and consistent with industry standards, best practices, and in a manner that shall not cause unnecessary additional harm, deface or damage any City or private property. In the event that damage to the City's right-of-way or private property has occurred due to the negligence of the Contractor, the Contractor shall be solely responsible for its repair or replacement in excess of the amount covered by the required insurance.

Q. RECORDS

1. The Contractor shall keep accurate records concerning all vehicle tows, vehicle storages and vehicle releases or disposition.

2. In addition, the Contractor shall maintain accurate records of his/her employees or agents and provide the City with names and telephone numbers of emergency contact employees.

3. The Contractor shall complete a report each calendar month indicating the number of calls for service, the number of vehicles towed, the number of vehicles in storage (regular and secure) and their current status, vehicles released, vehicles sent to lien sale, the status of any other vehicles or services rendered by the Contractor on behalf of the City, GPS information (if requested by the City) or any other information as may be required by the City's Project Manager or designee.

4. A phone log will be submitted monthly of all calls from the Santa Ana Police Department to the Contractor, identifying whether or not those calls required a request for service, and a description of the action taken as a result of the call.

5. The Contractor shall provide monthly customer service phone logs from the public, indicating name, date, time and phone number of caller, reason for the call, any specific requests, the Contractor's response or action, and the amount of time required to address request. Such logs shall be accurate and truthful.

6. The Contractor shall permit the City to inspect and audit its books and records regarding City provided services at any reasonable time.

R. AUDITS AND INSPECTIONS
The Chief of Police or his designee shall conduct regular audits and inspections of the Contractor(s) assigned to this project to ensure they are fulfilling their responsibilities in accordance with the terms and conditions of this agreement. All work found during such audits or inspections to be substandard or failing to conform to the requirements of this agreement shall be corrected immediately by the Contractor and the City shall have City Council 20 – 127 8/4/2026

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the right to immediately suspend the Contractor from the rotation list until the issue(s) is/are corrected. Failure to correct, as set forth in Section 13, Subsection b, of the Agreement may result in termination of the contract.

S. INVESTIGATION OF ALLEGED VIOLATIONS, RULES, OR TERMS AND

CONDITIONS OF AGREEMENT
Whenever an alleged violation is lodged against a Contractor or initiated by the Police Department, the Traffic Commander shall assign a supervisor from the Traffic Division to investigate any allegations. A fair, impartial and comprehensive investigation shall be conducted and the findings documented for review. To the extent required by law, the Contractor shall cooperate fully in the investigation and provide any documentation requested by the investigator to asSiSt in making a finding. In addition, the Contractor shall be given the opportunity, either orally or in writing, to respond to the complaint atthe point deemed appropriate by the investigator. The City expects that the Contractor will demonstrate professional business practices and truth in reporting as it relates to any records or information requested.

Violations shall include, but not be limited to, situations such as poor customer service, failure to comply with non-safety related terms of the agreement, or minor equipment or facility deficiencies, situations involving honesty, integrity, safety, security, gross overcharging of a customer or a pattern of overcharging, failure to comply with the provisions of CVC § 22658 as it relates to PPI's, criminal violations involving such crimes as DUI, drug related offenses, theft, or any other crimes involving moral turpitude, or significant, repeated or flagrant violations of this agreement.

If it is determined that criminal charges are appropriate, the assigned investigator shall document the incident on a crime report and present the case to the appropriate prosecuting authority for review.

Based on the nature and seriousness of the misconduct being investigated, the Chief of Police may temporarily suspend the Contractor, or its agent individually, from the rotation list until the investigation is completed and a proper disposition is reached.

The standard For sustaining a violation made against the Contractor or the Contractor's agent shall be a preponderance of the evidence, regardless of the nature of the violation. Other investigative findings may include unfounded (false or factually incorrect), exonerated (action occurred but was lawful or within the terms of this agreement) or not sustained (inconclusive due to insufficient evidence or independent witnesses).

All alleged violations shall be Forwarded to the Traffic Commander For review.

Upon a determination of a sustained violation, a recommendation for discipline shall be made, if appropriate.

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T. DISCIPLINARY ACTION
The Contractor agrees that failure by the Contractor, or its agent, to comply with the law or terms and conditions of this agreement shall be cause for disciplinary action.

However, nothing in this agreement shall preclude the City from taking appropriate enforcement action for violations of the law. Within 60 days of receipt of an alleged violation, the Traffic Commander shall review the findings of the investigation and recommend disciplinary action, if appropriate. The Traffic Commander shall take into account the nature of the alleged violation, the findings of the investigation, past violations made against the Contractor, and/or sustained against the Contractor, and past practice of the Department to maintain equitable treatment of all Contractors assigned to the rotational tow list. Depending on the nature and complexity of the sustained violation, the Traffic Commander may allow the Contractor or designee to provide a brief written statement for consideration and/or may contact Contractor to ask additional questions.

Disciplinary action shall typically be progressive in nature and based on the Contractor's record during the previous 5 years from the date of the sustained violation. Therefore, multiple violations for similar offenses, regardless of their severity, will result in increased disciplinary action. However, this does not preclude the Traffic Commander from recommending more serious disciplinary actions where violations have been committed or there are aggravating factors associated with the misconduct.

The following actions may be recommended:

1. No further action.

2. Issue a written warning.

3. Impose a suspension for violations (1 to 30-days).

4. Impose a suspension for significant, flagrant, repeated, or multiple violations (30 to 90- days).

5. Termination of the contract for cause and immediate removal from the rotation list.

The Contractor shall be notified in writing of the City's intent to impose disciplinary action. The Traffic Commander shall have the authority to impose discipline up to and including the imposition of a suspension for violations as long as the suspension does not exceed 30-days in length. However, nothing in this article shall preclude the Traffic Commander from reducing the recommended discipline based on mitigating factors. Recommended suspensions exceeding 30-days in length or termination from the rotation list shall be approved by the Field Operations Bureau Commander prior to imposition.

The Traffic Commander may recommend to the Chief of Police the immediate termination of this agreement if the conduct of the Contractor, or its agents, are determined to pose a danger to the public, have an excessive number of violations that tax the investigative resources of the Police Department, or the Contractor's actions reflect negatively upon the City.

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U. RIGHT TO APPEAL
Upon receipt of a notice to impose disciplinary action, the Contractor shall have the right to submit a written appeal within ten (10) business days to the Field Operations Bureau Commander.

Upon receipt of the written appeal, the Field Operations Bureau Commander shall issue their findings in writing within ten (10) business days. Upon receipt of the Field Operations Bureau Commander's finding(s), if the Contractor disagrees with the findings, the Contractor's final remedy is submitting a written final appeal to the Chief of Police with a copy to the Traffic
Commander. Upon receipt of the Contractor's final written appeal, the Chief of Police shall issue a written decision within (10) business days. The decision of the Chief of Police shall be final.

Disciplinary action shall not be imposed until the appeal process has been exhausted.

However, if the conduct of the Contractor is deemed to be so egregious or poses a danger to public safety, the City may exercise its right to immediately suspend the Contractor as set forth in this agreement. Failure to submit a written appeal will waive the Contractor's right to further appeal and disciplinary action shall be imposed.

In the event the City serves the Contractor with Notice of Termination from the Contract and the Contractor seeks an appeal, the contractor will retain its position on the rotation and disciplinary action will be delayed pending the appeal process. In the event the CITY elects to modify the discipline imposed on the Contractor, the Contractor agrees they shall not be entitled to recover any costs, compensation, damages, losses, and/or expenses of any type or description from or file a claim against the City, its officers, employees, and appointees, arising out of or related to, in any manner, a violation alleged against, or discipline imposed upon the Contractor.

V. SUPERVISION OF CONTRACT AND MEETINGS WITH CITY
All work shall meet with the approval of the Santa Ana Police Department. As determined necessary by the City, there shall be a minimum of one monthly meeting with the Contractor and the City representative during the first year to determine progress and to establish areas needing attention. Status reports of activities performed by the Contractor will be submitted in writing to the City on a monthly basis or as determined necessary by the City.

Any specific problem area which does not meet the conditions of the specifications set forth in Exhibit A or the Agreement shall be called to the attention of the Contractor and if not corrected, may result in the Contractor being found in default of this agreement which may result in suspension from the rotation list until the issue(s) is/are correct in a manner satisfactory to the City or termination of the Agreement.

City Council 20 – 130 8/4/2026

EXHIBIT B

COMPENSATION
Fee Proposal including hourly rates if applicable
City Council 20 – 131 8/4/2026
Ta'%A/ €10%!IG
Cost Proposal
RFPNo.26-057 - PoliceRotationalTowing& StorageServices
StandardEnterprises,Inc., dbaTo' and Mo' Towing
StandardEnterprises,Inc.,dbaTo' and Mo' Towing,agreesto provideall servicesin accordancewith the Cityof SantaAna's Towingand StorageFeeSchedule.Exhibit4 was not provided,belowis our proposedrates.

Service Fee
Stored Vehicle Release Fee (PD) NIA
Class A $235.00
Class B or Flatbed $287.00
Class C $421.00
Class D $468.00
Dolly, Go-Jacks or Linkage Fee $62.00
Rollover or Winching Fee $136.00
Clean-up Fee (fee to City capped
at $35.00 per otx:urrence)
$62 00
Hazmat Fee (per five (5) gallon
buckeD
$119.00
Vehicle Storage Fees (Daily)
Class A - Outside $72.00
Class A - Inside $79.00
Class B - Outside $84.00
Class B-l nside $89.00
Class C or Class D - Outside $88.00
Class C or Class D - Inside $95.00
I
After Hours Release
I
50% of the
authorized
towing charge
Minimum Service Call or Drop Fee
50% of the
authorized
towing charge
Lien Sale
As authorized by
the California Civil
and Vehicle Codes
Mileage (per mile outside the
corporate city limits) $9.00
" Feesindicated hereinwill tiecomethe City's maximumauthorizedrates effectiveat the time of contract implementation;minimuml hourwhere applicable.

Any requestfor rate adjustmentswill be submittedto the Cityfor considerationand approvalin accordance with the Agreementand supportedby applicableCPIdata and documentedoperatingcost increases. ffi
CORPORATE OFFICE: 518NorthPoinsef!iaStreet,SantaAna,€4 92701 Tel:714.543.087E1 l Fax:714.543-9042 l [email protected] 2555LagunaCanyonRoad, LagunaBeach92651I 549WestCen(ral ParkSouth, Anaheim, OA92802 RFPNO.26-057 12 City Council 20 – 132 8/4/2026

EXHIBIT C
INStJRANCE REQUIREMENTS
City Council 20 – 133 8/4/2026

CITY OF SANTA ANA
EXHIBIT 3

INSURANCE REQUIREMENTS
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.

Commercial 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, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $IOO0,000. Required policy limits can be met with primary and umbrella/excess insurance policies.

Workers' Compensation (WC): as required by the State or 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. Contractor attests that its workers' compensation coverage extends to all persons who will be working with the City under the agreed scope of services.

Garagekeeper's Legal Liability: with a limit not less than $1000,000 combined single limit per occurrence and $2,000,000 aggregate.

Suppose Contractor maintains broader coverage and/or higher limits than the minimums shown above. In that case, 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.

FOR PROPOSER'S REFERENCE ONLY
City Council 20 – 134 8/4/2026

CITY OF SANTA ANA

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 or 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 or 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.

FOR PROPOSER'S REFERENCEONLY
City Council 20 – 135 8/4/2026
Public Works Agency
www.santa-ana.gov/pw
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 4, 2026
TOPIC: Purchase Order Contract for Fleet Air Compressor System Replacement

AGENDA TITLE
Purchase Order Contract to Premo Construction, Inc. for Fleet Air Compressor System Replacement (Specification No. 26-031) (Non-General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment recognizing $157,960 of spendable fund balance in the Equipment Maintenance-Garage Operation, Prior Year Carryforward revenue account, and appropriate the same amount into the Equipment Maintenance-Garage Operation, Machinery & Equipment expenditure account. (Requires five affirmative votes)

2. Award a purchase order contract to Premo Construction, Inc. to replace the fleet air compressor system for a total estimated cost of $157,960, which includes $143,600 for the purchase order contract and $14,360 for unanticipated or unforeseen work.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency Municipal Services Division (PWA) is responsible for the acquisition, maintenance, repair, and replacement of City vehicles, trucks, and maintenance equipment. Many of these activities rely on compressed air systems to support routine maintenance and repair operations. Fleet Services utilizes a centralized air compressor system to operate essential shop equipment, including vehicle lifts, pneumatic tools, tire service equipment, and other maintenance devices.

The existing air compressor system has reached the end of its useful life and is experiencing increased reliability and maintenance issues. Replacement of the system is necessary to ensure the continued efficient and reliable operation for the Fleet Services maintenance facility.

City Council 21 – 1 8/4/2026
Purchase Order Contract for Fleet Air Compressor System Replacement August 4, 2026

Invitation for Bids (IFB) No. 26-031 was advertised on May 14, 2026 on the City’s online bid management and publication system, PlanetBids (Exhibit 1). A summary of vendor participation and results is as follows:
1373 Vendors notified
2 Santa Ana vendors notified
26 Vendors downloaded the bid packet
4 Bids received
0 Bids received from Santa Ana vendors
Bids were opened on June 11, 2026 and evaluated (Exhibit 2). Four bids were submitted by the IFB deadline and all four were determined to be responsive to the specifications and met the City’s requirements.

Staff recommends awarding a purchase order contract to the lowest responsive bidder, Premo Construction, Inc. Premo Construction, Inc. has successfully completed projects for the City within the past two years, including the Bus Stop Improvements Project. The contractor has also successfully completed construction projects for other public agencies, including a well project for the City of Huntington Beach and a modular temporary housing project for the City of Newport Beach. These projects demonstrate the contractor’s experience working with public agencies and the ability to successfully deliver construction projects of varying scope and complexity. Based on the vendor’s successful project history and positive references, staff has determined that Premo Construction, Inc. is qualified to perform the required work. Award of the purchase order contract will allow for timely replacement of the Fleet Services air compressor system and help ensure the continued reliability of equipment necessary to maintain the City’s fleet.

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

FISCAL IMPACT
With the approval of the requested appropriation adjustment, a portion of the accumulated fund balance will be appropriated for spending in the Equipment Maintenance-Garage Operation, Machinery & Equipment expenditure account (No. 07517100-66400). The spendable portion of the fund balance is estimated at $2,012,170 as of June 30, 2026, which is sufficient to allow for the recommended appropriation of $157,960. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers into Fiscal Year 2027-28.

City Council 21 – 2 8/4/2026
Purchase Order Contract for Fleet Air Compressor System Replacement August 4, 2026

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

APPROPRIATION ADJUSTMENT
2026-27 07517100-66400 Fleet
Maintenance
Equipment MaintGarage Operation,
Machinery &
Equipment
$157,960
TOTAL $157,960

EXHIBIT(S)

1. IFB 26-031 Air Compressor System Replacement

2. Abstract of Bids (No. 26-031)
Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 21 – 3 8/4/2026

CITY OF SANTA ANA
INVITATION FOR BID (IFB) NO. 26-031
FOR

AIR COMPRESSOR SYSTEM REPLACEMENT (REBID)
KEY IFB DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Bidders.

Issue Date: Thursday, May 14, 2026
Optional Pre-Bid Meeting Tuesday, May 26, 2026, 2:00 P.M.

Deadline for Questions: Thursday, May 28, 2026, 2:00 P.M.

Bid Due Date: Thursday, June 11, 2026, 2:00 P.M.

BID CONTACT:

Jacques Lam
[email protected]
714-647-5489
Exhibit 1
City Council 21 – 4 8/4/2026

CITY OF SANTA ANA

TABLE OF CONTENTS
I. BACKGROUND........................................................................................................................... 3 II. OVERVIEW OF PROJECT.......................................................................................................... 3 III. DELIVERY REQUIREMENTS AND LOCATION(S)..................................................................... 3 IV. OPTIONAL PRE-BID MEETING & JOBWALK............................................................................. 3 V. BONDS ....................................................................................................................................... 3 VI. TIME FOR COMPLETION OF WORK & LIQUIDATED DAMAGES............................................. 4 VII. GENERAL BID INFORMATION................................................................................................... 5 VIII. BID RESPONSE INSTRUCTIONS.............................................................................................. 7 IX. TERMS AND CONDITIONS........................................................................................................ 8 X. INSURANCE REQUIREMENTS.................................................................................................. 8 XI. AWARD PROCEDURES & CRITERIA ........................................................................................ 8 XII. ALTERNATIVES.......................................................................................................................... 9 XV. ADDITIONAL TERMS AND CONDITIONS.................................................................................. 9 EXHIBITS:

Exhibits provided for Bidders’ reference only. These are not to be included with bid submittal.

EXHIBIT 1: SPECIFICATIONS
EXHIBIT 2: SAMPLE TERMS & CONDITIONS
EXHIBIT 3: INSURANCE REQUIREMENTS
ATTACHMENTS (Required with Bid submittals):

ATTACHMENT A: BID FORM
ATTACHMENT B: BIDDER’S CERTIFICATION
ATTACHMENT C: REFERENCES
ATTACHMENT D: DEBARMENT QUESTIONNAIRE
ATTACHMENT E: NON-LOBBYING CERTIFICATION
ATTACHMENT F: NON-DISCRIMINATION CERTIFICATION
ATTACHMENT G: NON-COLLUSION AFFIDAVIT
ATTACHMENT H: SUBCONTRACTOR DESIGNATION FORM
ATTACHMENT I: CARB FLEET COMPLIANCE CERTIFICATION
City Council 21 – 5 8/4/2026

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 bids from qualified vendors (Bidders) to remove two (2) existing air compressors and provide and install two (2) new Quincy QGSV-30 Rotary Air Compressors for Public Work Agency’s Fleet Services. See EXHIBIT 1 for complete Specifications.

The term “Vendor”, “Bidder”, “Firm”, “Contractor”, and “Consultants” shall refer to any legal entity or entities submitting a bid in response to this Invitation for Bid (IFB).

III. DELIVERY REQUIREMENTS AND LOCATION(S)
All materials to be delivered to Corporate Yard to be coordinated with City staff for location of deliveries. All items to be delivered during City Corporate Yard hours of operation.

City of Santa Ana Corporate Yard
215 S. Center St.

Santa Ana, CA 92703
Delivery Hours: 7:30 AM-5:00 PM
Delivery Days: Monday - Friday
Contractor work is to be performed during City hours of operation listed above. Under special circumstances, work can be scheduled at different times or days with approval from City Project Manager. Unless authorized by City staff, no weekend or holiday work.

IV. OPTIONAL PRE-BID MEETING & JOBWALK
An optional pre-bid meeting and jobwalk will be held on the date and time specified on the cover page of this IFB.

Location of meeting: Fleet Maintenance, 215 S. Center St., Bldg. J, Santa Ana, CA, 92703 V. BONDS
When deemed necessary by the City, Bid Bonds shall be furnished by all Bidders in the amount of at least 10% of the bid, to guarantee that Bidders will enter into contract to furnish goods at prices stated. A Performance Bond shall be required of the successful Bidder when stated in the Specification. Certified or Cashier’s check or Money Order may be submitted in lieu of either Bond. Failure to submit acceptable Payment and Performance Bonds as required shall result in a rejection of the bid and a forfeiture of the proposal guarantee.

The following Bonds are required:

City Council
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CITY OF SANTA ANA

1. BID BOND (All Bidders): A Bid Bond is required for this bid. The value of the Bid Bond shall be 10% of the bid amount. The Bid Bond upon a form provided by Bidders’ surety company or a certified check payable to the City of Santa Ana and drawn on a solvent bank of the United States of America, is required with the bid. Responsive bids shall include the following:
• A scanned copy of the Bid Bond included with the electronic bid, uploaded and submitted by the bid submission deadline.
• The original hard copy of the Bid Bond shall be submitted to the Purchasing Office at the address listed below by the three lowest Bidders, as a guarantee that the Contractor, if awarded a contract, will execute and deliver such contract to the City.

Bidders with the three (3) lowest bids shall submit to the City the original Bid Bond or Certified Check within three (3) business days of the bid due date. Failure to submit the original check or Bidder’s bond shall result in the bid being declared non-responsive. The City reserves the right to contact the next-lowest Bidder(s) in the case that the apparent three (3) lowest Bids are deemed non-responsive, and require submittal of the original Bid Bond or Certified Check. Bidders are solely responsible for monitoring bid results on PlanetBids after the deadline for bid submittals, and for complying with this requirement.

Bidders shall submit Bid Bond or Certified Check in a sealed envelope to the address shown below:

City of Santa Ana – Finance & Management Services (M16) Attn: Jacques Lam
20 Civic Center Plaza
Santa Ana, CA 92701

Documents shall be clearly labeled in a sealed envelope or box as follows:

IFB 26-031: Air Compressor System Replacement (REBID)
Note: All deposits will be held until a Contract has been executed with the successful Bidder or all bids have been rejected. The Certified Check received from Bidders in lieu of a bid bond will be returned upon the City’s awarding of a contract. It is the Bidder’s responsibility to request and coordinate the return of any bid bonds or certified checks.

2. FAITHFUL PERFORMANCE BOND (Awarded Contractor Only): A Faithful Performance Bond is required for this bid. The value of the performance bond shall be 100% of the contract price. Upon award, a Bidder must provide the City with a copy of the executed bond guaranteeing Bidder’s faithful performance of all provisions of the contract.

VI. TIME FOR COMPLETION OF WORK & LIQUIDATED DAMAGES
Contractor shall complete work specified herein within sixty (60) working days after the issuance of the contract.

The City will assess liquidated damages at the rate of $500 per calendar day that the Contractor exceeds the specified date of completion.

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CITY OF SANTA ANA
VII. GENERAL BID 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, except as expressly provided below.

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.

An exception to the foregoing requirements may be considered only when a Proposer can demonstrate, to the City’s satisfaction, that its inability to timely submit a proposal through PlanetBids was the direct result of an error, omission, or failure attributable to the City or the City’s contractors. In such circumstances, the Proposer must still submit its complete proposal electronically via email to the City prior to the RFP due date and time in order to be considered responsive, unless there is a documented and verifiable system-wide issue clearly attributable to the City that prevents such electronic submission. The Proposer must provide written documentation or other credible evidence substantiating that the delay or failure was caused by the City or its contractors. The City reserves sole discretion to determine whether the exception applies.

Except for the limited exception described above, the 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, Bidders who are considering submitting a bid in response to this IFB, or who submit a bid in response to this IFB, are only to communicate with the assigned Buyer(s), and no other City staff about this IFB from the date this IFB is issued until a contract is awarded. The City will provide all official communication concerning this IFB in writing via the City’s Bid Management System, PlanetBids.

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

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CITY OF SANTA ANA
C. INVITATION FORINFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this IFB shall be submitted via PlanetBids no later than the date and time shown at the schedule of key IFB dates on the cover page of this IFB. Responses to all questions will be posted on PlanetBids at least three (3) business days prior to close of the IFB. No verbal requests or responses will be accepted.

Significant interpretations or clarifications will be addressed via addenda to this IFB, 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 IFB 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 Bidder 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, IFB, and insurance and indemnification terms and conditions.

E. ADDENDA
Any changes in IFB 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. Bidders shall be responsible for monitoring the site to obtain information regarding this solicitation.

F. UNDERSTANDING BID
It is the responsibility of each Bidder to inquire about any criteria, condition, term, provision, or requirement of the IFB that the Bidder does not understand. Responses to inquiries, if they significantly change or clarify the IFB requirements or any aspect of the procurement process, will be forwarded by addenda to all Bidders. The City will not be bound by any oral responses to inquiries. By submitting bids, Bidders assert that they have fully read the IFB 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 Bidder.

Each Bidder accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.

G. WITHDRAWALS
Bidders are responsible for verifying all prices and information before submitting a bid.

Prior to the bid due date, the Bidder or Bidder’s representative may withdraw the bid by providing written notice of the bid withdrawal to the Buyer(s). Verbal or telephonic withdrawals are not permissible.

H. PROTEST PROCEDURES
Only respondents who have actually submitted a bid may file a “protest” to an IFB with the City’s Purchasing Department. In order for a Bidder’s protest to be considered valid, the protest must:

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CITY OF SANTA ANA

1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of IFB 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.

I. 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.

J. BUSINESS LICENSE
The City requires any person, including but not limited to, an individual, corporation, Contractor, Subcontractor, and Sole Proprietor who wishes to conduct any business within the City of Santa Ana must secure a City of Santa Ana business license prior to the execution of a contract. 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 Agency at (714) 647-5447 or on the City’s website www.santa-ana.org.

VIII. BID RESPONSE INSTRUCTIONS
The following forms, included in this IFB, shall be signed and included as part of the bid submittal package:
• ATTACHMENT A: BID FORM
• ATTACHMENT B: REFERENCES
• ATTACHMENT C: REFERENCES
• ATTACHMENT D: DEBARMENT QUESTIONNAIRE
• ATTACHMENT E: NON-LOBBYING CERTIFICATION
• ATTACHMENT F: NON-DISCRIMINATION CERTIFICATION
• ATTACHMENT G: NON-COLLUSION AFFIDAVIT
• ATTACHMENT H: SUBCONTRACTOR DESIGNATION FORM
• ATTACHMENT I: CARB FLEET COMPLIANCE CERTIFICATION
• BID BOND PER IFB SECTION V BID BONDS
• ONLINE PRICE SUBMITTAL AT “LINE ITEMS” TAB ON PLANETBIDS City Council
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CITY OF SANTA ANA
The bid must be completely responsive to the IFB. Incomplete bids will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all bids submitted and no representation is made hereby that any commitment will be awarded pursuant to this IFB or otherwise.

PLEASE NOTE:
• All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Bidder.
• Attachment G: Non-Collusion Affidavit must be notarized.

IX. TERMS AND CONDITIONS
See Exhibit 2 – TERMS AND CONDITIONS
X. INSURANCE REQUIREMENTS
See Exhibit 3 – Insurance Requirements
XI. AWARD PROCEDURES & CRITERIA
A. Award: The following criteria will be included in the evaluation process for selection of the award recipients(s):

1. Ability to meetspecifications;

2. Proposed price;

3. Delivery lead time;

4. Past record of performance in providing similar services; including such factors as timely response and cooperation.

The City reserves the right to award the Contract to other than the lowest Bidder, to reject any or all bids, to cause re-soliciting of the bids, or to take such other course of action as the City deems appropriate at the City’s sole and absolute discretion. The City shall endeavor to award contract to the lowest, responsive, responsible Bidder.

B. Local Preference Points: The City encourages the utilization of small, local businesses on projects ranging from $15,000 to $100,000 in total cost.

1. For the purposes of evaluation, bids will be reduced by seven (7%) percent for small Santa Ana businesses for projects between $15,000 and $100,000 in total cost.

2. For the purposes of evaluation, bids will be reduced by four (4%) percent forsmall Orange County businesses for projects between $15,000 and $100,000 in total cost.

Per City of Santa Ana Ordinance NS-2828, “In order for the preference to apply, a bidder must certify under penalty of perjury, that the bidder qualifies as a local business or Orange County business. The preference is waived if the certification does not appear on the bid.” Additionally, respondents must provide a copy of their Department of General Services small business certification in order to qualify for Local Preference Points. The City does not accept small certifications from any other agency.

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

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

XII. ALTERNATIVES
All bids with material substitutions or deviations from the specified items will be rejected as nonresponsive. Bidders must submit a request for pre-approval of any equivalent, equal, alternative, or changes by following the directions for questions described above, prior to the deadline to submit questions. The City has the option of accepting or rejecting any proposed alternative and any bid that includes alternatives. Brand names, if any, are given for quality control only. Bids on “equals” are encouraged, however, the Bidder must give evidence of equal utility and quality by providing specification sheets and description of products proposed as alternatives for each line item, and a description of the request on company letterhead.

XIII. PRICING REQUIREMENTS
Bidders must supply all bid items and provide unit prices for all items listed in this IFB, including any shipping/handling fees. Bid proposals that do not include all items listed may be deemed non-responsive.

1. Prices shall be FOB Destination Santa Ana

2. Prices must not include sales tax.

3. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, insurance, business expenses, incidental supplies, mileage, fuel/fuel surcharges, and any other miscellaneous charges.

4. Fees for delivery, shipping and handling, and freight (if any) must be noted.

XIV. TAX
The City is exempt from Federal Excise Tax. Do not include sales tax in your unit prices. Bidder shall show as a separate item California State Sales and/or Use Tax percentage. However, sales tax will not be included in during the evaluation of bids.

XV. ADDITIONAL TERMS AND CONDITIONS
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.

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 City Council
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as part of an applicable “public works” or “maintenance” project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the job site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

B. DIR REGISTRATION
This project is a public work and subject to the following: No contractor or subcontractor may be listed on a bid 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. SITE INSPECTIONS
When appropriate, Bidders are encouraged to examine the locations, physical conditions and surroundings of the proposed work sites on their own to determine the extent to which these factors will influence or affect performance of work. Failure to inspect sites shall not relieve the Contractor City Council
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from fulfilling the obligations of the Contract. The City shall assume that Bidders have investigated and are satisfied with the expected conditions, quality of the work to be performed, and the requirements of these specifications.

F. SAMPLES
When required, Bidder shall furnish samples of items free of expense to the City, and if not destroyed by test may, upon request made at the time the sample is furnished, be returned at the Bidder’s expense.

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

H. CONSTRUCTION WASTE MANAGEMENT
Contractor shall keep work areas clean and free from any debris, rubbish, hazardous waste and nonusable 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.

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

J. 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 City Council
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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.

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

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

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

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

L. 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.

M. 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.

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a. Equipment:
i. Compressors:

1. (x2) Quincy QGSV-30-120TM VFD Air Compressor, or approved equivalent

2. Power: 30 HP @ 145.0 PSIG

3. Voltage: 460/3/60

4. Airlogic 2 Controller

5. SSRV VFD Motor Starting

6. TEFC High Efficiency Drive Motor

7. Air After-cooler with Pre-Piped Moisture Separator and Drain

8. True Blue 5 Year Warranty

9. Low Sound Enclosure (66-69 dBA)

10. Phase Monitor

11. Auto Restart after Power Failure

12. Receiver Tank: 120 gallon
ii. Air Dryer:

1. (x1) ZEKS 250 HSFA4 SS Cycling Air Dryer, or approved equivalent

2. Voltage: 460/3/60

3. SS Heat Exchanger

4. Compustat Controller
iii. (x1) Quincy PPFC-1000 CV-2 Flow Controller, or approved equivalent

1. Set Point Range: 0-160 PSIG

2. Maximum Pressure: 300 PSIG

3. Available Flow (Capacity): 1000 CFM

4. In/Out Connection: 2 inch NPT

5. Dimensions: 8.1 X 8.6 x 7.3 inches
iv. (x1) Stelsep CRS-450 Emulsion Separator, or approved equivalent

1. Advanced Filter Media
b. The Contractor shall tie into existing systems as required. No modifications or upgrades to existing air lines, drain lines, valves, solenoids, or electrical infrastructure are included unless otherwise directed and approved by the City. c. The system is intended to operate with:
i. One compressor as primary (lead)
ii. One compressor as secondary (lag/backup)
d. The system shall be capable of:
i. Automatic lead/lag rotation to balance runtime
ii. Operating both compressors concurrently during peak demand conditions iii. Contractor shall ensure all equipment is properly sized and compatible with this operating sequence
e. Equipment Removal: The Contractor shall remove existing air compressors. Payment for transportation and disposal of excess materials and removed debris shall be considered as included in the contract, and no additional compensation shall be made therefor.

EXHIBIT 1 –

SPECIFICATIONS
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f. Equipment Installation: The Contractor shall handle the installation of the new air compressors. g. Materials: Unless specifically indicated or provided in advance by the City, the Contractor shall provide all equipment and materials to complete this project. No equipment, materials or personnel shall be provided by the City for this purpose.

In the event additional labor or materials are required, the Contractor shall submit a formal quote with all materials and labor listed. The quote shall be preapproved by the Public Works Agency prior to any work being performed and shall be invoiced accordingly.
h. Site Protection: The Contractor shall be responsible for any damage to the existing site and restore it to its original conditions at the Contractor’s expense.

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

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

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

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

2. COMPENSATION
a. City 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 under this Agreement shall not exceed $xxxxxx during the term of this Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on [enter a Start Date or “the date first written above”] for a Briefly describe expertise sought and the scope of work the consultant (engineering) services will perform.

EXHIBIT III

SAMPLE AGREEMENT

CONTRACTOR AGREEMENT

CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this day of , 2020 by and between ___________________________________________________________, (“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 desires to retain a Contractor having special skill and knowledge in the field of:

EXHIBIT 2 –

SAMPLE TERMS AND CONDITIONS
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number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 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 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
A. 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.

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MINIMUM SCOPE AND LIMIT OF INSURANCE

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

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

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

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

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

Other Insurance Provisions

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

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

2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid 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.

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

5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to nonpayment of premium.

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 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.

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

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

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

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

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

13. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities.

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 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.

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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. Contractorshall 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. 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.

21. 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
City Council
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Fax: 714- 647-6956
With courtesy copies to:

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.

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

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

Nabil Saba, PE
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-5635
Sonia R. Carvalho
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-6515
City Council
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ATTEST: CITY OF SANTA ANA

Jennifer L. Hall Alvaro Nunez
City Clerk City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONTRACTOR:

City Attorney
By:

Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:

Nabil Saba, PE
Executive Director
Public Works Agency

(name)
(title)
City Council
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CITY OF SANTA ANA
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub-contractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 0001 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits.

2. Automobile Liability (AL). Insurance Services Office Form CA 0001 covering Code 1(any auto), with combined single limit no less than $1,000,000.

3. Workers’ Compensation (WC). As required by the State of California, with statutory limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident, policy, employee for bodily injury or disease.

4. Pollution Legal Liability (PLL). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

5. Professional Liability Insurance (Errors & Omissions). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.

These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City’s rights under this contract.

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

1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor’s CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Contractor. Additional insured status can be provided in the form of an endorsement to Contractor’s insurance.

2. For any claims related to this project, Contractor’s insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it.

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

4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers” by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s).

5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended, voided, reduced in scope or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non-renewal due to nonpayment.

EXHIBIT 3 –

INSURANCE REQUIREMENTS
City Council
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CITY OF SANTA ANA

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 the project must be indicated in the Description of Operations section of each certificate.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work.

3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work.

4. A copy of the claims reporting requirements must be submitted to City.

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

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub-contractors.

Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Sub-Contractors
Contractor shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach.

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

City Council
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CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.

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

The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the specified items and/or services, in accordance with City needs and/or fund availability and the specifications provided herein.

Indicate unit price for each line item. Total bid is to be firm offer for no less than one hundred and eighty (180) calendar days and will be regarded by the City as bidder's best and final offer. Quantities listed are for bid comparison only and are subject to change. The City reserves the right to increase or decrease quantities based on current needs. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, insurance, business expenses, incidental supplies, mileage, fuel/fuel surcharges, and any other miscellaneous charges.

PRICING SHALL BE ENTERED IN PLANETBIDS.

ALL REQUIRED FORMS MUST BE COMPLETED AND UPLOADED WITH E-BIDS.

NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES. BID ITEM

QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITIES AND ARE NOT GUARANTEED.

Signed:

Title:

Firm:

Date:

ATTACHMENT A –

BID FORM
City Council
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CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.

BIDS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. __________________________________________________________________________________

LEGAL NAME OF COMPANY TYPE OF BUSINES STRUCTURE
__________________________________________________________________________________

BUSINESS ADDRESS
__________________________________________________________________________________

NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________

E-MAIL ADDRESS PHONE NUMBER
__________________________________________________________________________________

DIR NUMBER CONTRACTOR LICENSE NUMBER

SMALL, LOCAL BUSINESS PREFERENCE
Is your firm claiming small, local business preference for this solicitation? Yes, my firm is a small Santa Ana business*
Yes, my firm is a small Orange County business**
No, my firm is not claiming local business preference
*Small Santa Ana business shall mean a business certified by the state department of general services as a small business, which has a substantial presence through either a headquarters or branch office within the geographical boundaries of the city, and which headquarters or branch office was established prior to the city inviting bids for the respective procurement. **Small Orange County business shall mean a business certified by the state department of general services as a small business, which has a substantial presence through either a headquarters or branch office within the geographical boundaries of Orange County, and which headquarters or branch office was established prior to the city inviting bids for the respective procurement.

IF YOU ANSWERED YES, THEN YOU MUST SUBMIT YOUR BUSINESS LICENSE AND CA DEPARTMENT OF GENERAL SERVICES SMALL BUSINESS CERTIFICATION WITH YOUR BID. A post office box address within the city shall not qualify as a valid business location.

Bidder understands and agrees that this written IFB (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between Bidder 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 her approval of the form of this document, and its execution, and when it or an exact ATTACHMENT B –
BIDDER’S CERTIFICATION
City Council
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CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.

BIDS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. copy of it has been either delivered to Bidder or deposited with the United States Postal Service properly addressed to the Bidder with the correct postage affixed thereto.

Bidder 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 Bidder’s bond substituted in lieu thereof accompanying this bid 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 Bidder’s bond substituted in lieu thereof shall be returned to the undersigned.

Bidder understands that a bid is required for the entire work, that the estimated quantities set forth in the IFB schedule are solely for the purpose of comparing bids, 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 IFB.

Certification - I certify that I have read, understand and agree to the terms and conditions of this Invitation for Bids. I have examined the Scope of Services (Exhibit 1) 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 bid.

BIDDER’S STATEMENTS: I have read, understood and agree to the terms and conditions on all pages of the Invitation for Bids, including all Exhibits. I am able to provide the required insurance coverage and endorsements.

Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.

CHECK ONE (1) BOX BELOW
I have read, understood and agree to any and all provisions, including but not limited to insurance requirements and terms and conditions, contained in Exhibit 2 – Sample Terms & Conditions and Exhibit 3 – Insurance Requirements.

I have concerns to the provisions contained in Exhibit 2 – Sample Terms and Conditions and have included them in my bid submission for consideration.

CHECK ONE (1) BOX BELOW
Are you registered, active, and in good standing with the California Secretary of State? Yes
No
Comments: ________________________________________________________________________________ Signed:

Title:

Firm:

Date:

City Council
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CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.

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

Consultant shall provide three (3) references from other similar public agencies for which services similar to those specified in this IFB have been performed, including contact names and telephone numbers. The respondent grants permission for the City to contact any individuals listed as references for additional information regarding your firm's qualifications.

City may disqualify a Bidder if:
• References fail to substantiate Bidder’s description of services and deliverables provided; or • References fail to support that Bidder 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 Bidder’s responsibility to inform the point of contact(s) of normal City working hours.

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 bid specifications.

Attach additional pages if required.

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:
__________________________________________________________________________________ ATTACHMENT C –

REFERENCES
City Council
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CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.

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

REFERENCE
Customer Name:_________________________Contact Individual: ____________________________ Address: ________________________________Phone Number:
_______________________________ Email: ____________________________________ Contract Amount: ________________________Year: ______________________________________ Description of supplies, equipment, or services provided:
__________________________________________________________________________________ City Council
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CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.

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

The (Proposer/Bidder/Contractor/Consultant) shall complete, under penalty of perjury, the following questionnaire:

Has the (Proposer/Bidder/Contractor/Consultant), any officer of the (Proposer/Bidder/Contractor/Consultant), or any employee of the (Proposer/Bidder/Contractor/Consultant) who has a proprietary interest in the (Proposer/Bidder/Contractor/Consultant), ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes_________ No________
If the answer is yes, explain the circumstances in the following space:

ATTACHMENT D –

DEBARMENT QUESTIONNAIRE
City Council
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CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.

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

The prospective participant certifies, by signing and submitting this bid or bid, 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 bid 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:

ATTACHMENT E –

NON-LOBBYING CERTIFICATION
City Council
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CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.

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

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 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 ATTACHMENT F –

NON-DISCRIMINATION CERTIFICATION
City Council
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CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.

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

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:

City Council
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CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.

BIDS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. (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 bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, 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 bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid 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 bid.

Note: The above non-collusion affidavit is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Bidders 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
ATTACHMENT G –

NON-COLLUSION AFFIDAVIT
City Council
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CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.

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

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.

ATTACHMENT H –

SUBCONTRACTOR DESIGNATION FORM
City Council
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CITY OF SANTA ANA
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE BID.

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

In-Use Off-Road Diesel-Fueled Fleets Regulation
The In-Use Off-Road Diesel-Fueled Fleets Regulation (Off-Road Regulation) applies to all self-propelled off-road diesel vehicles 25 horsepower or greater used in California and most two-engine vehicles (except on-road twoengine sweepers). This includes vehicles that are rented or leased (rental or leased fleets).

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 (if applicable)
ATTACHMENT I –

CARB FLEET COMPLIANCE CERTIFICATION
City Council
City of Santa Ana IFB No. 26-031
21 – 40
Page
8/4/2026
37 of 37

BIDDER LOCATION TOTAL
Premo Construction Inc Tustin, CA $ 143,600
Air & Lube Systems Inc Sacramento, CA $ 149,447
Levon Construction Group Anaheim, CA $ 155,000
R2BUILD Laguna Hills, CA $ 282,300
NAME OF IFB (Bid No.26-031)

ABSTRACT OF BIDS
EXHIBIT 1
Exhibit 1
City Council 21 – 41 8/4/2026
Public Works Agency
www.santa-ana.gov/pw
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 4, 2026
TOPIC: Appropriation Adjustment and Sale of Remnant Land at 2245 S. Main Street

AGENDA TITLE
Appropriation Adjustment and Agreement for the Sale of Land at 2245 S. Main Street (Project No. 13-6792) (Non-General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment recognizing $136,250 in revenue from the purchase and sale agreement into the Select Street Construction, Sale of Land revenue account (No. 05917002-57071) and appropriate it to the City Street Projects, Improvements Other Than Buildings expenditure account (No. 05917666-66220). (Requires five affirmative votes)

2. Approve an appropriation adjustment recognizing $408,750 in revenue from the purchase and sale agreement into Measure M-Street Construction, Expense Reimbursement-OCTA revenue account (03217002-57004). Receipt of Measure M-Street Construction proceeds will be disbursed to the Orange County Transportation Authority (OCTA) upon project final billing reconciliation. (Requires five affirmative votes)

3. Authorize the City Manager to execute a purchase and sale agreement with South Main Arwad LLC for the sale of City-owned property located at 2245 S.

Main Street (APN No. 403-141-08) in the amount of $545,000 (Agreement No. A2026-XXX).

4. Approve amendment to the Fiscal Year 2026-27 Capital Improvement Program to add $136,250 of Select Street Construction funds for the Bristol Street Phase 3A Project (No.13-6792).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Public Works Agency (PWA) maintains City-owned vacant lots that are remnant following capital improvements. During the course of Street Improvement Projects, the Public Works Agency (PWA) has acquired multiple properties for street widening City Council 22 – 1 8/4/2026
Appropriation Adjustment and Sale of Remnant Land at 2245 S. Main Street August 4, 2026

purposes. The subject property at 2245 S. Main Street (APN 403-141-08) was acquired as part of the Warner Street Improvements from Main Street to Oak Street using Orange County Transportation Authority (OCTA) grant funding (Exhibit 1). The City has since completed widening improvements in this area and a remnant parcel remains.

The remnant parcel, measuring 7,490 square feet, remains unused and unneeded following the project’s construction and is ready to be sold in accordance with the requirements of the California Surplus Land Act (Government Code Section 54220).

On October 16, 2025, the City Council adopted Resolution No. 2025-045 declaring various City-owned properties as surplus land and directing the City Manager to comply with the requirements of the California Surplus Land Act. The subject property is among those declared surplus and, as a result, the City has since completed all statutory requirements and is authorized to proceed with direct negotiations for disposition of the property.

Following the completion of the Surplus Land Act process, staff issued a Letter of Availability to the adjacent property owner and potential buyer, Mr. Wansikehian, on February 5, 2026, outlining the terms and process for the potential disposition of the property. In response, Mr. Wansikehian submitted a purchase offer in the amount of $545,000 for the property (Exhibit 2).

The prospective buyer is the same owner that the City originally purchased the land from for the Warner project and currently owns the adjacent property located at 2239 S.

Main Street. He has indicated that the proposed intended use of the site would involve a lot merger with the adjacent parcel to accommodate a potential gasoline station or quick-service restaurant (QSR) development for this site.

Since the property was acquired using OCTA grant funds, in accordance with grant requirements, sale of proceeds of the remnant parcel must be returned to the grant and/or used for the project construction. The City is require to activate and report on the surplus land as part of the project’s final closeout reimbursement with OCTA. OCTA provided 75% of the funds for the acquisition of this parcel, and therefore 75% of the sale price, equal to $408,750, will be distributed back to OCTA per grant guidelines.

The remaining proceeds of $136,250, are proposed to be deposited into the City’s Select Street Construction Fund and distributed to the Bristol Street Improvements:

Civic Center to Washington (Project No. 13-6792) to continue supporting utility undergrounding efforts, including completion of the cabling and splicing scope for Crown Castle, Verizon, and Charter (Exhibit 3).

Staff recommends approval of the recommended actions to transfer ownership of this remnant vacant parcel to the adjacent property owner. Activating citywide vacant lots supports general plan goals by fostering community development and increasing tax revenue, while reducing blight and ongoing maintenance costs and liability, in alignment City Council 22 – 2 8/4/2026
Appropriation Adjustment and Sale of Remnant Land at 2245 S. Main Street August 4, 2026

with established municipal codes governing surplus property disposition.

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

FISCAL IMPACT
Approval of the recommended Appropriation Adjustments will recognize receipt of $136,250 into the Select Street Construction, Sale of Land revenue account (No. 05917002-57071) and appropriate it to the City Street Projects, Improvements Other Than Buildings expenditure account (No. 05917666-66220), Project No. 13-6792. The remaining proceeds of $408,750 will be received in the Measure M Street Construction, Expense Reimbursement-OCTA revenue account (No. 03217002-57004) for disbursement to OCTA, consistent with grant acquisition funding requirements.

EXHIBIT(S)

1. Location Map

2. Purchase and Sale Agreement

3. CIP Amendment Sheet Project
Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 22 – 3 8/4/2026
403-141-08
2245 S. MAIN ST.

M
A
IN
STREE
T

WARNER AVENUE

FUTURE ROADWAY
PARCEL C4
COMMERCIAL 7,490 SF È65'
N.T.S.

LEGEND:

PARCEL

COMBINED

PROPERTY LINE

EXISTING
ZONING APPROX. AREA
N.T.S.

City Council 22 – 4 8/4/2026
City Council 22 – 5 8/4/2026
City Council 22 – 6 8/4/2026
City Council 22 – 7 8/4/2026
City Council 22 – 8 8/4/2026
City Council 22 – 9 8/4/2026
City Council 22 – 10 8/4/2026
City Council 22 – 11 8/4/2026
City Council 22 – 12 8/4/2026
City Council 22 – 13 8/4/2026
City Council 22 – 14 8/4/2026
City Council 22 – 15 8/4/2026
City Council 22 – 16 8/4/2026
City Council 22 – 17 8/4/2026
City Council 22 – 18 8/4/2026
City Council 22 – 19 8/4/2026
City Council 22 – 20 8/4/2026
Rodolfo Rosas Digitally signed by Rodolfo Rosas
DN: cn=Rodolfo Rosas, [email protected], c=US
Date: 2026.07.20 17:41:22 -07'00'
City Council 22 – 21 8/4/2026
City Council 22 – 22 8/4/2026
City Council 22 – 23 8/4/2026
City Council 22 – 24 8/4/2026
City Council 22 – 25 8/4/2026
City Council 22 – 26 8/4/2026
City Council 22 – 27 8/4/2026
City Council 22 – 28 8/4/2026
City Council 22 – 29 8/4/2026
City Council 22 – 30 8/4/2026
FY 26/27 FY 29/30 FY 30/31 FY 31/32
136,250 - - -
136,250 - - -
FY 26/27 FY 29/30 FY 30/31 FY 31/32
136,250
TOTAL 136,250 - - -
AGENCY: DIVISION: CONTACT: DATE:

Public Works CIP Engineering Jason Gabriel, Principal Civil Engineer 22-Jul-2026 - - -
OTHER
SOURCE OF FUNDS FY 27/28 FY 28/29 FY 32/33

TOTAL - - -
PROJECT COSTS FY 27/28 FY 28/29 FY 32/33
Engineering - - -
CITY OF SANTA ANA FY 26/27CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

The Bristol Street Improvements project was planned and designed to incorporate complete street concepts with storm drain quality features. The improvements include widening of the street from four lanes to six lanes, with bus turnouts, raised median, bike lanes, and sound walls. The project also brings native and organic landscaping that beautifies a fully developed urban area.

PROJECT NEED:

Bristol Street from Civic Center to Washington (Phase 3A) is part of the City's plan to widen Bristol Street from Warner Avenue to Memory Lane, which was approved by City Council in 1990 and reevaluated in 2015. Existing roadway has only 2 lanes in each direction and is operating at a LOS F. This widening is needed to improve traffic flow and create complete streets features.

PROJECT TITLE:

Bristol St Impr & Widening: Ph 3A - Civic
Ctr - Washington
PROJECT CATEGORY:

Street Improvements
Street/Bridge Improvements & Widening

LOCATION MAP
EXHIBIT 3
City Council 22 – 31 8/4/2026
Public Works Agency
www.santa-ana.gov/pw
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 4, 2026
TOPIC: Award of an Agreement for Bridge Preventative Maintenance Program

AGENDA TITLE
Award of an Agreement with Dokken Engineering for Design Services to Address Caltrans Bridge Inspection Report Recommendations (Project No. 25-6986) (NonGeneral Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment recognizing $282,400 in grant funding into the Select Street Construction, Federal Grant-Indirect revenue account (No. 05917002-52001) and appropriate it to the Select Street Construction, Improvements Other Than Buildings expenditure account (No. 05917660-66220). (Requires five affirmative votes)

2. Approve an amendment to the Fiscal Year 2026-27 Capital Improvement Program to include an additional $282,400 in Design funds for the Bridge Preventative Maintenance Program Project (No. 25-6986).

3. Authorize the City Manager to execute an agreement with Dokken Engineering to provide Professional Design Services in an amount not-to-exceed $572,935 for a one-year term beginning August 4, 2026 and expiring August 3, 2027, with provisions for four, one-year extensions (Agreement No. A-2026-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The California Department of Transportation (Caltrans) performs routine Bridge Inspection Reports (BIR) to systematically monitor, document, and manage the structural integrity and safety of all bridges across California. The reports outline specific maintenance, repair, and rehabilitation recommendations. The City’s Public Works Agency (PWA) is responsible for the maintenance and repair of the City’s 22 bridges.

PWA utilizes the findings in the BIR to plan maintenance and capital improvements to maintain the City’s bridges in service. Additionally, municipalities rely on BIR data to seek State and Federal funding for bridge repairs and upgrades.

In 2020, the City submitted a Bridge Preventative Maintenance Program (BPMP) plan to Caltrans that identified eight bridges (Exhibit 1) in need of maintenance and repair and City Council 23 – 1 8/4/2026
Agreement for Bridge Preventative Maintenance Program
August 4, 2026

requested funding through the Highway Bridge Program. The Highway Bridge Program is managed by Caltrans and is a structural safety program that provides federal-aid to local public agencies to replace, rehabilitate, or perform preventive maintenance work on locally-owned, public highway bridges. Highway Bridge Program funding is administered on a reimbursement basis through Caltrans. Eligible project costs are initially paid using local funds and subsequently reimbursed by Caltrans.

In May 2025, Caltrans approved $245,600 in federal funding for the proposed BPMP project design phase. PWA requires the assistance of structural engineers and bridge design experts to deliver the proposed BPMP project. Therefore, on June 5, 2025, PWA issued a request for proposals from qualified professional engineering consultants to prepare the design phase services and construction support for the BPMP maintenance and repair work for eight bridges (Exhibit 2). The RFP scope includes preparing required environmental documentation, preparing plans, contract specifications and cost estimates and securing regulatory permits for the repair work to be performed on bridge decks and substructures.

Request for Proposals No. 25-081A was advertised on June 5, 2025 on the City’s online bid management and publication system, PlanetBids. A summary of vendor participation and results is as follows:
2,336 Vendors notified
7 Santa Ana vendors notified
52 Vendors downloaded the bid packet
4 Proposals received
0 Proposals received from Santa Ana vendors
Proposals were solicited, opened on July 8, 2025, and evaluated. Four proposals were submitted by the RFP deadline and all were determined to be responsive to the specifications and met the City’s requirements. Proposals were subsequently evaluated by a selection committee. Based on criteria outlined in the RFP, the following summarizes the top responding firms:

Firm City Ranking
Dokken Engineering San Diego 1
Mark Thomas Irvine 2
Kleinfelder Ontario 3
KPFF Irvine 4
The design fees quoted in the proposals were much higher than the initial Caltrans funding allotted and the City requested additional funding from Caltrans for the BPMP project. Staff had to defer award of the agreement pending approval of additional Caltrans funding. The firms agreed to extend the validity of their proposal and remained responsive to the City's requirements.

City Council 23 – 2 8/4/2026
Agreement for Bridge Preventative Maintenance Program
August 4, 2026

In June 2026, Caltrans approved additional funding for a total amount not to exceed $528,000 of federal funds. The City is required to provide an additional 20% local match for every federal dollar spent up to $132,000, for a maximum total design phase budget of $660,000. However, based on the recommended consultant and their proposed fee, the total design phase cost is $572,935 of which $458,348 will be reimbursed to the City by Caltrans. Caltrans is currently preparing an updated Program Supplement Agreement and authorization letters to reflect the increased approved design phase funding (Exhibit 3).

Staff recommends awarding an agreement to the highest-ranked firm, Dokken Engineering (Exhibit 4 & 5). Dokken Engineering has had previous contracts with the City for roadway design services. Their proposal received the highest score due to their team’s experience in bridge structures and demonstrating their understanding of the scope of work required. Upon completion of the design phase, which is anticipated within approximately 18 to 24 months, the City will seek approval from Caltrans to proceed to the construction phase with additional funding from the Highway Bridge Program which is approximately $4 million.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the recommended action. As part of this proposed agreement, the Consultant will be preparing an environmental report for future consideration by City Council.

FISCAL IMPACT
The funds were budgeted and available in the following accounts for Fiscal Year 2025- 2026 and will be carried forward for use in Fiscal Year 2026-2027, subject to City Council approval of the carryover. With the approval of the requested appropriation adjustment, all funds will be available for expenditure in Fiscal Year 2026-2027. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers into Fiscal Year 2027-2028.

With the approval of the requested appropriation adjustment, $282,400 in grant funds will be recognized in the Select Street Construction, Federal Grant-Indirect revenue account (No. 05917002-52001) and appropriated for spending in the Select Street Construction, Select Street Construction, Improvements Other Than Buildings Account (No. 05917660-66220).

City Council 23 – 3 8/4/2026
Agreement for Bridge Preventative Maintenance Program
August 4, 2026

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

CURRENT BUDGET
2026-27
03217662-
66220
(25-6986)
Measure MStreet
Construction
Measure M2 Local
Fairshare,
Improvements
Other Than
Buildings
$82,587
2026-27
05917660-
66220
(25-6986)
Select Street
Construction
Select Street
Construction,
Improvements
Other Than
Buildings
$175,948
2026-27
05917663-
66220
(25-6986)
Select Street
Construction
HUTA 2103 Gas
Tax,
Improvements
Other Than
Buildings
$32,000

APPROPRIATION ADJUSTMENT
2026-27
05917660-
66220
(25-6986)
Select Street
Construction
Select Street
Construction,
Improvements
Other Than
Buildings
$282,400
TOTAL $572,935

EXHIBIT(S)

1. Location Map

2. RFP No. 25-081A

3. Amended PSA

4. Dokken Engineering Cost Proposal

5. Agreement with Dokken
Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 23 – 4 8/4/2026
PWA

SANTA ANA

PUBLIC WORKS AGENCY
AUGUST 4, 2026
AGENDA DATE:

CITY COUNCIL
PAGE 1 OF 1

MAINTENANCE PROGRAM (BPMP)

BRIDGE PREVENTATIVE
PROJECT 25-6986

SEGERSTROM
MacARTHUR
SAN
SANTA
405
HARBOR

SUNFLOWER
WARNER
EUCLID
ANA

NEWHOPE

EDINGER
HARBOR
RIVER
FIFTH
FIRST
McFADDEN
HAZARD
22 TRASK SANTA CLARA SANTA CLARA

PULLMAN

FAIRVIEW

GREENVILLE
BEAR
DIEGO
MacARTHUR
SUSAN
ALTON
RAITT

SUNFLOWER COSTA
55 405
ALTON
FLOWER

TO W NER

BRISTOL
MAIN
FRWY
RAITT

GLENWOOD PACIFIC

CENTRAL PACIFIC
ST. GERTRUDE

SULLIVAN

MOHAW K
CENTER
WARNER

SHELTON
DYER

CUBBONROSS

EDINGER
McFADDEN
ST. ANDREW

BROADWAY
ORANGE

CIVIC CENTER

SANTA ANA
BISHOP

TOWNSEND
CENTER

CLINTON

WASHINGTON
RIVER
DR.

FLOWER
SANTA

BRISTOL

WILLITS

CHESTNUT
ANA
FIRE STA #1

BROADWAY
MAIN

SANT AIGO
SANTA
5 LYON

FRW Y MESA
ST. GERTRUDE
WRIGHT
TERR
TECH CTR DR.

DR. RED HILL

STANDARD

NEW PORT
55 RITCHEY

FRWY FIRST
FOURTH
5 TUSTIN
CIR. GOLDEN
21ST
MABURY
GRAND

LINCOLN

LINWOOD
AN
BLVD
A
TUSTIN
FRUIT

SEVENTEENTH
SHERRY

WELLINGTON
IRVINE
YORBA
YORBA
22 GARDEN GROVE FRWY
22 LA VETA
5 SANTIAGO
MEMORY

TOWN & COUNTRY
OWENS

M A I N P L A C E

S A N T A A N A

FAIRHAVEN

CAMBRIDGE
CREEK
ST.

HEIL
LILAC
ALONA

COLLEGE

ENGLISH

CENTURY
SCHOOL
HIGH

COLUMBINE
COMMON

CALLEN'S
TARGET
ENT
HUTTON
MURPHY

PROM IMP
MAPLE
HOTEL

PACIFIC

BORCHARD

BUFFALO

CABRILLO

WESTMINSTER

BRISTOL
MKT PL
RSC

SEVENTEENTH

BEDFORD

REGENCY
PLAZA

EDGEWOOD

FAIRVIEW
GRAND
FRUIT

HALLADAY
EXHIBIT 2
City Council 23 – 6 8/4/2026

CITY OF SANTA ANA

TABLE OF CONTENTS
I. CITY BACKGROUND.................................................................................................................. 3 II. OVERVIEW OF PROJECT.......................................................................................................... 3 III. TERM OF AGREEMENT............................................................................................................. 3 IV. MINIMUM QUALIFICATIONS...................................................................................................... 4 V. RESPONSE TO RFP .................................................................................................................. 4 VI. CERTIFICATIONS (ATTACHMENTS)......................................................................................... 9 VII. REFERENCES............................................................................................................................ 9 VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE....................................................................... 10 IX. SELECTION PROCEDURES & CRITERIA ............................................................................... 10 X. WITHDRAWALS........................................................................................................................ 11 XI. GENERAL TERMS AND CONDITIONS .................................................................................... 11 XII. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS........................ 16 XIII FEDERAL FUNDING REQUIREMENTS .................................................................................... 19 XIV.AWARD OF AGREEMENT........................................................................................................ 20 XV. IMPLEMENTATION................................................................................................................... 20

EXHIBITS
Exhibits provided herein for Proposers’ reference only.

EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE AGREEMENT
EXHIBIT III – FEDERAL REGULATIONS
EXHIBIT IV – COMMUNITY WORKFORCE AGREEMENT (CWA)
EXHIBIT V – BRIDGE INSPECTION REPORTS
EXHIBIT VI – LOCATION MAP AND BPMP PLAN

ATTACHMENTS
A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
B PROPOSER’S STATEMENT

C NON-COLLUSION AFFIDAVIT

D NON-LOBBYING CERTIFICATION

E NON-DISCRIMINATION CERTIFICATION

F SUBCONTRACTOR DESIGNATION FORM

G CARB FLEET COMPLIANCE CERTIFICATION

H STATEMENT REGARDING CWA REQUIREMENTS
I SAM.GOV UEI VERIFICATION

J CERTIFICATE REGARDING DEBARMENT, SUSPENSION,

INEGIBILITY AND VOLUNTARY EXCLUSION
K FEDERAL FUNDING REQUIREMENTS – CALTRANS FORMS
EXHIBIT 2
City Council 23 – 7 /4/2026

CITY OF SANTA ANA
I. CITY 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 Professional Engineering Design Services for eight (8) bridges for the Bridge Preventative Maintenance Programp (BPMP) Project, Federal Aid Project Number BPMPL 5063(220). See EXHIBIT I for complete Scope of Services.

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

Project may be funded with State and Federal grant funds administered by the California Department of Transportation (Caltrans). Special conditions shall apply. Refer to Scope of Work for further information.

CARB FLEET REGULATIONS: The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at:
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf.

Proposers are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Proposers must provide, with their Proposal, copies of Proposer’s and all listed subcontractors’ most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Proposal non-responsive.

State and Federal grant funds administered by the California Department of Transportation (Caltrans) will be used to fund all or a portion of this project. The successful proposer will be required to comply with all requirements associated with federal funding in carrying out the project. The Federal Funding Requirements and Attachment L of this RFP provides additional information on federal funding requirements.

III. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years.

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.

EXHIBIT 2
City Council 23 –  /4/2026

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

IV. MINIMUM QUALIFICATIONS
1) Contractor must have been in business continuously for the most recent five (5) years prior to the date of this RFP.
2) Minimum three (3) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP.

V. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. Additionally, it is a requirement that five (5) hard copy proposals be delivered to the Public Works Agency drop box located on the first floor of Ross Annex across from the Development Permit counter in an enclosed sealed envelope and marked clearly with the following:

Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic submittal by the deadline is suffice. For further instructions regarding hard copy submission of proposals, refer to PlanetBids.

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

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

BRIDGE PREVENTATIVE MAINTENANCE PROGRAM
RFP NO. 25-081A

IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL.”
City of Santa Ana
Attn.: Alexandru Bangean
Public Works Agency; M-36
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
EXHIBIT 2
City Council 23 – 9 /4/2026

CITY OF SANTA ANA
1771. Questions of an operational nature may be directed to the City’s assigned Buyer.

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

Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.

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

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

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

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

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

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

E. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137.

EXHIBIT 2
City Council 23 – 10 /4/2026

CITY OF SANTA ANA
Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.

F. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Agreement and any other Agreement 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 Agreement 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 Agreement Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.

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

1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City’s required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, resumes, 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:

Alexandru Bangean, Senior Civil Engineer
City of Santa Ana – M-36
20 Civic Center Plaza
Santa Ana, CA 92701
b. Services Provided
Proposal shall include a Scope of Services and Schedule which detail the work phase to be completed, the tasks to be accomplished, the deliverables to be provided, the schedule/timeline to complete the project, and how they meet the needs of the City as EXHIBIT 2
City Council 23 – 11 /4/2026

CITY OF SANTA ANA
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. 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 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 J. Failure to provide a CRC for the Proposer, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Proposal non-responsive.

2. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and EXHIBIT 2
City Council 23 – 12 /4/2026

CITY OF SANTA ANA
evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement.

If providing hourly rate sheets, Proposer shall not include rate ranges or averages.

The fee proposal shall be submitted separately and concurrently with the technical proposal, electronically in PlanetBids, and as a hard copy in a separately sealed enveloped, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule, as outlined in the Scope of Work.

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

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

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

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

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

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

2. Clearly identify the specific irregularity or accusation;

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

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

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

EXHIBIT 2
City Council 23 – 13 /4/2026

CITY OF SANTA ANA
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.

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

PLEASE NOTE:
 All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer.
 City will not waive notarization requirement when applicable on any of the required attachments.

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

City may disqualify a Proposer if:
 References fail to substantiate Proposer’s description of services and deliverables provided; or
 References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or
EXHIBIT 2
City Council 23 – 14 /4/2026

CITY OF SANTA ANA
 City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.

VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE
See Exhibit II – Sample Agreement
IX. SELECTION PROCEDURES & CRITERIA
A. 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. Proposers will be ranked by the review committee based on the following criteria:

C. Rankings: A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the Agreement to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above.

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

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

CATEGORY POINTS
Firm Experience 25
Team Experience 25
Relevant Project Experience 30
Schedule of Delivery 15
References 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.
20 EXHIBIT 2
City Council 23 – 15 /4/2026

CITY OF SANTA ANA
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 Agreement, as appropriate.

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

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

XI. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any Agreement 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 an Agreement 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 Agreement. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services Agency, Business Tax Office at (714) 647- 5447 or on the City’s website: www.santa-ana.org
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.

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

EXHIBIT 2
City Council 23 – 16 /4/2026

CITY OF SANTA ANA
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 Agreement may be awarded an Agreement 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 Agreement. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Agreement.

E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal Agreement. 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.

Pre-contractual 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 Agreement.

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

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 Agreement. 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 Agreement. 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, community members, other team members and staff within the City.

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

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

EXHIBIT 2
City Council 23 – 17 /4/2026

CITY OF SANTA ANA
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 Agreement 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 Agreement 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 Agreement.

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 Agreement or termination of the Agreement or both, and the Contractor may be ineligible for award of any future City Agreements.

J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required by 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 Agreement, may be rejected.

K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation
L. FEDERAL GRANT CONTRACT PROVISIONS
Proposer must agree to the federal contract provisions outlined in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR Part 200.326. These provisions will become part of the agreement resulting from this bid.

M. 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 Agreement on the last day of the current fiscal period without penalty or expense to the City. The City’s fiscal period is July 1st through June 30th.

EXHIBIT 2
City Council 23 – 1 /4/2026

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

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

O. 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.

P. 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.

Q. NEGOTIATIONS
The City reserves the right to negotiate final Agreement terms with any Proposer selected.

The Agreement 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 Agreement, 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 Agreement.

Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.

R. 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.

EXHIBIT 2
City Council 23 – 19 /4/2026

CITY OF SANTA ANA
S. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this Agreement 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.

T. 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.

U. 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.

V. 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.

W. 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.

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

Y. PUBLIC RECORDS
Proposals will become public record after the award of an Agreement unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.

EXHIBIT 2
City Council 23 – 20 /4/2026

CITY OF SANTA ANA
Z. 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 Agreement must be approved by the City before commencement of work.

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

XII. 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.

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 EXHIBIT 2
City Council 23 – 21 /4/2026

CITY OF SANTA ANA
[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. COMMUNITY WORFORCE AGREEMENT
For projects with bids greater than $750,000 for prime multi-trade construction contracts (including all subcontractors) or over $100,000 for specialty contracts (contracts either limited to a single trade or craft or limited to a singular scope of work), the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA). This project is considered a specialty contract. The CWA is a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA is incorporated by reference in the Construction Contract.

A copy of the CWA may be found in EXHIBIT IV.

G. CONSTRUCTION WASTE MANAGEMENT
EXHIBIT 2
City Council 23 – 22 /4/2026

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

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

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

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

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

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

J. OTHER SAFETY REQUIREMENTS
EXHIBIT 2
City Council 23 – 23 8/4/2026

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

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

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

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

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

L. RECORDKEEPING AND REPORTS
Contractor is required to provide upon request, detailed data and information required by the City. Information may include: generator EPA ID, contractor EPA ID, generator name, waste 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.

XIII. FEDERAL FUNDING REQUIREMENTS
A. FEDERAL AID CONTRACT PROVISIONS
Proposers are advised that this project is federally funded and they shall comply with all federal requirements in the Agreement.

B. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
Proposers are advised, as required by federal law, that the City is implementing DBE requirements for the project and has established a 4% DBE goal. To meet this requirement, proposer must comply with the DBE requirements set forth in the Agreement and Attachment 4 of this RFP.

Proposers shall particular attention to Exhibit 10-I Notice to Proposers DBE Information and follow the instructions for submitting the proper DBE information including, but not limited to, Exhibit 10-O1: Consultant Proposal DBE Commitment and documenting adequate good faith efforts.

B. CALTRANS ATTACHMENTS
Attachment L includes the following forms for reference and submitting. The forms can be found at: https://dot.ca.gov/programs/local-assistance/forms/local-assistance-proceduresmanual-forms.

EXHIBIT 2
City Council 23 – 24 /4/2026

CITY OF SANTA ANA
Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms:https://dot.ca.gov/-/media/dot-media/programs/localassistance/documents/lapm/ch10.pdf XIV. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final Agreement terms.

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

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

B. NOTICE TO PROCEED
Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. “On-Call” contracts require the City Project Managers to request a project/task proposal from Consultants on an “as-needed” basis. Proposals will then be evaluated by City Staff and written NTPs will be issued accordingly per task order.

EXHIBIT 2
City Council 23 – 25 /4/2026

CITY OF SANTA ANA

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

BRIDGE PREVENTATIVE MAINTENANCE PROGRAM (BPMP)
RFP NO. 25-081A

INTRODUCTION/BACKGROUND
The City of Santa Ana requests proposals from qualified professional engineering consultants to prepare the plans, specifications, and engineer’s estimate (PS&E), and construction support services for the Bridge Preventive Maintenance Program maintenance work of eight (8) bridges.

The City in January 2016 prepared its Bridge Preventative Maintenance Program (BPMP) plan that identified 22 bridges. In 2020, the BPMP plan was reevaluated with 8 bridges as top priority and would be eligible for Federal Highway Bridge Program funding to preserve their service life. A copy of the location map and BPMP plan are provided in Attachment 6.

SCOPE OF WORK
The City of Santa Ana is inviting proposals from experienced and responsive consultants (Consultant) to:

1. Review and field verify the applicability of the maintenance activities listed on the provided BPMP Plan and most recent Inspection Reports.

2. Field review and identify any and all other maintenance work necessary on these Bridges to bring them to current conformance with the Caltrans inspection criteria and standards.

3. Prepare construction-ready Plans, Specifications, and Cost Estimates for the eight (8) bridges.

4. Prepare and file the environmental documents for compliance with the California Environmental Quality Act (CEQA) and National Environmental Protection Act (NEPA).

5. Obtain encroachment and regulatory permit(s) and pay the necessary fees with Orange County Flood Control District (OCFCD) and any regulatory agencies for access and/or construction work within their jurisdictions.

6. Provide bid administration services from bid advertisement to City Council construction contract award.

7. Assist City with construction administration support throughout construction.

8. Prepare As-built plans upon construction completion.

EXHIBIT I

SCOPE OF SERVICES
EXHIBIT 2
City Council 23 – 26 /4/2026

CITY OF SANTA ANA

CONSULTANT SERVICES
The Consultant’s services shall include the following tasks:

Consultant is responsible for providing all design and engineering as required for all components within the project scope of work which includes, but is not limited to the preparation and submittal of the PS&E package through completion with the approval from City to release for construction. This includes but is not limited to survey, civil design, structural design, technical investigation and report (for soils analysis), etc.

Consultant will also be responsible for facilitating monthly virtual progress meetings with City Staff to obtain input and discuss any project related items as well as provide project schedule.

Consultant shall provide review sets in .pdf format.

Final plans shall be provided in AutoCAD or Microstation format, and .pdf format.

A. PROJECT COORDINATION. The Consultant shall be fully responsible for the overall management and coordination for the project, which may include, but is not limited to project development team meetings, liaison with affected agencies, and utility companies. Prepare progress report and schedule, securing permits for all field studies, construction access, and any other required permits from other agencies.

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

C. ENVIRONMENTAL CLEARANCE. The Consultant shall prepare, distribute, and file any environmental noticing, documents, preparation of studies and technical reports for environmental clearances that may be needed for the project to meet state and federal funding. This includes, but is not limited to federal, state, and local regulations, policies and procedures as they pertain to CEQA, NEPA, PES form, environmental studies, environmental site assessment, and environmental reports.

D. REGULATORY PERMITS. The Consultant shall provide services to process regulatory permits if deem necessary for the project. The regulatory agency includes, but not limit to, US Army Corps of Engineers (USACE) Pre-Construction Notification, Regional Water Quality Control Board Water Quality Certification, and CA Department of Fish & Wildlife Streambed Alteration Agreement Certification.

E. PRELIMINARY DESIGN. The consultant shall organize a kick-off meeting with City staff to discuss the conceptual design plan, project goals and objectives, potential elements and issues, project schedule, review of existing information, and conduction of a site investigation.

F. SURVEY. On-the-ground field topographical survey work is to be determined by the Consultant (and/or the Consultant’s Subconsultant) if any existing horizontal and vertical features are needed for the project. It is the Consultant’s responsibility to provide only the survey necessary for the design of the project components identified within this RFP. Consultant shall identify in the proposal a detail list of features the survey would include. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in EXHIBIT 2
City Council 23 – 27 /4/2026

CITY OF SANTA ANA
accordance with the City guidelines and in Microstation CONNECT Computer Aided design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD

88. G. WATER QUALITY. The Consultant shall coordinate with the City for the Low Impact Development (LID) requirements of the project and prepare a Water Quality Management Plan (WQMP) if deemed required. Consultant shall provide BMPs with appropriate size based on treatment and peak flow rates, freight to job site and one year of maintenance to include units and cost in the engineer’s cost estimate. The selection of Best Management Practices (BMPs) will always be subject to site specific conditions and the Consultant will be required to perform the research into the site specific conditions (e.g. prior contamination, depth to groundwater, soil conditions, interfering utilities, etc.) that could preclude infiltration. The Consultant shall also perform the required soils and/or infiltration testing per the Technical Guidance Documents, as necessary to design the infiltration system assuming it is the selected LID approach.

Please find information and links to relevant documents and regulations at the following site:
http://ocwatersheds.com/documents/wqmp.

H. PUBLIC OUTREACH. None at this time. However, allow one outreach preparation and meeting for fee proposal purposes.

I. UTILITY COORDINATION. The Consultant shall be responsible for all utility coordination efforts, including but not limited to; coordination with Edison for any electrical service connections, and water service connections for irrigation and water fountains.

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

Task 1: Design Development (30% plans)
Design development will involve the schematic development of plans based on the approved conceptual design plan, which shall include but is not limited to survey, civil design, geotechnical investigation and report (for soils analysis), infiltration testing, architectural design, landscape architectural design, structural design, interior design, furniture selection, electrical engineering, mechanical and plumbing engineering, draft technical specifications and “opinion of estimated cost’.  Deliverables shall include a 30% set of plans, including site section studies, draft specification, “Opinion of Probable Cost”.

Task 2: Construction Documents (60% 90% and 100% plans) Construction Documents (CDs) shall include finalizing approved deliverables from the Design Development phase. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bidding and construction by a general contractor.

EXHIBIT 2
City Council 23 – 2 /4/2026

CITY OF SANTA ANA
 Deliverables shall include 60%, 90% and 100% plans, structural calculations, final technical specifications, finalized “Opinion of Probable Cost”. 100% plans will go through a constructability review that could lead to comments and recommendations that should also be addressed and completed as part of this deliverable.

Plans: Plans shall include, but are not limited to the following:
 Title Sheet
 Civil Engineering
o Site Erosion Plan, if any
o Horizontal and Vertical Control Plan
o Site Utility Plan
 Structural Engineering
o Structural Design and Detailing
Technical Specifications
Technical specifications for all components listed above shall be provided by Consultant, or their Subconsultants, to the City in CSI (Construction Specifications Institute) format. Consultant shall coordinate language between the general and technical specifications to ensure conflicts are minimized. City Staff will provide the City Boiler Plate which together, will become the Project Manual.

Final Opinion of Probable Cost
Consultant shall provide updated opinion of probable construction cost which shall reflect finalized plans, materials, systems, details of construction, and known or anticipated changes in the bidding market relative to the project. Should project scope exceed available budget, project plans/specifications will be phased as appropriate.

Task 3: Bid Advertisement, Construction Administration, Record Drawings Bid Advertisement
Bidding procedures will be the responsibility of the City. While the PS&E construction package is advertising for bids, all questions concerning the intent shall be referred to the City for resolution. In the event that any item requiring interpretation in the drawings or specifications is discovered during the bidding period, said items shall be analyzed by the Consultant for decision by the City. Consultant shall provide support to the City during the Bidding phase by assisting with questions, requests for information/clarification, or conflicts arising out of the bidding process. Consultant shall also attend pre-bid meeting, if scheduled.

Construction Administration
Consultant shall provide support to the City during the Construction Administration phase by assisting with questions, requests for information/clarification, and/or reviewing submittals.

Consultant shall review and approve all submittals and shop plan drawings required to support the construction contract. Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt.

Consultant shall be available as requested by the City to resolve discrepancies in the contract documents. Consultant shall bring to the attention of the City any defects or deficiencies in the work by the construction contractor which the Consultant may observe. Consultant shall have no authority to issue instruction on behalf of the City, or to deputize another to do so.

EXHIBIT 2
City Council 23 – 29 /4/2026

CITY OF SANTA ANA
Record Drawings / As-built Plans:

Upon construction completion, the City will submit field-marked prints to Consultant. Consultant shall incorporate all changes to the plans electronically with all necessary revision notations, signature, and submit to the City.

FEE PROPOSAL
In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured to correspond to the above mentioned tasks as follows:

Task 1: Design Development
Task 2: Construction Documents
Task 3: Bid Advertisement, Construction Administration, Record Drawings Total Fee: _____________
Fee schedule for each task should include an hourly breakdown that corresponds to the task total and shall include all fees associated with encroachment/regulatory permits.

The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project.

CITY RESPONSIBILITIES
The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.
 Furnish scope of work and provide general direction as needed for the assigned project.  Facilitate meeting space and coordination and City facilities.  Follow City of Santa Ana Invoicing guidelines.
 As-Built Plans (if available)

CONSULTANT RESPONSIBILITIES
Consultant shall provide all required insurance as outlines in EXHIBIT II of this RFP.

PAYMENT AND INVOICING
Selected Consultant shall invoice the City based on time and material according to the City’s standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement.

EXHIBIT 2
City Council 23 – 30 /4/2026

CITY OF SANTA ANA

CONSULTANT AGREEMENT

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

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

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

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

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

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

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

3. TERM
This Agreement shall commence on [enter a Start Date or “the date first written above”] for a number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employeremployee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement;

EXHIBIT II

SAMPLE AGREEMENT
EXHIBIT 2
City Council 23 – 31 /4/2026

CITY OF SANTA ANA
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
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.

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

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

EXHIBIT 2
City Council 23 – 32 /4/2026

CITY OF SANTA ANA
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

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

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

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and EXHIBIT 2
City Council 23 – 33 /4/2026

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

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
EXHIBIT 2
City Council 23 – 34 /4/2026

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

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

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
EXHIBIT 2
City Council 23 – 35 /4/2026

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

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

To City:

Clerk of the City Council
City 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-36)
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 First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:

EXHIBIT 2
City Council 23 – 36 /4/2026

CITY OF SANTA ANA
agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

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

ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONSULTANT:

City Attorney
By:

Assistant City Attorney
Tax ID#
RECOMMENDED FOR APPROVAL:

Executive Director
Public Works Agency

SAMPLE ONLY
(name)
(title)
EXHIBIT 2
City Council 23 – 37 8/4/2026

CITY OF SANTA ANA
Federal Regulations – Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations.
b. Debarment and Suspension – As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.
c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours.
d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors.
f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer

EXHIBIT III

FEDERAL REGULATIONS
EXHIBIT 2
City Council 23 – 3 /4/2026

CITY OF SANTA ANA
or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non-Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. l. Copeland Anti-Kickback Act - Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland “Anti-Kickback” Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable.
(1) Contractor – Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
(2) Subcontracts – Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach – A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. m. Davis-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

EXHIBIT 2
City Council 23 – 39 /4/2026

CITY OF SANTA ANA
Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

Additionally, contractors are required to pay wages not less than once a week. n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable. p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.
q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable.
r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable.
s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose:
(1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government’s, SAA’s and City’s rights identified above must be conveyed to the publisher and the language of the publisher’s release form must ensure the preservation of these rights.
t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

As described in Public Law 115-232, section 889, covered telecommunications equipment is:

EXHIBIT 2
City Council 23 – 40 /4/2026

CITY OF SANTA ANA
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(3) Telecommunications or video surveillance services provided by such entities or using such equipment.
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: “produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and “manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

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

EXHIBIT 2
City Council 23 – 41 /4/2026

CITY OF SANTA ANA
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

EXHIBIT 2
City Council 23 – 42 8/4/2026

CITY OF SANTA ANA
For projects with bids greater than $750,000 for prime multi-trade construction contracts (including all subcontractors) or over $100,000 for specialty contracts (contracts either limited to a single trade or craft or limited to a singular scope of work), the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA). This project is considered a specialty contract. The CWA is a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA is incorporated by reference in the Construction Contract. A copy of the CWA may be on the City’s website at www.santa-ana.org/documents/community-workforceagreement/.

FOR PROPOSERS’ REFERENCE ONLY

EXHIBIT IV

COMMUNITY WORKFORCE AGREEMENT (CWA)
EXHIBIT 2
City Council 23 – 43 /4/2026

CITY OF SANTA ANA

PLEASE SEE BELOW

EXHIBIT V

BRIDGE INSPECTION REPORTS
EXHIBIT 2
City Council 23 – 44 8/4/2026
California Department of Transportation
Division of Maintenance
Structure Maintenance and Investigations
BRIDGE

INSPECTION

RECORDS

INFORMATION
SYSTEM
The requested documents have been generated by BIRIS.

These documents are the property of the California Department of Transportation and should be handled in accordance with Deputy Directive 55 and the State Administrative Manual.

Records for “Confidential” bridges may only be released outside the Department of Transportation upon execution of a confidentiality agreement.

EXHIBIT 2
City Council 23 – 45 8/4/2026
Printed on: Monday 09/11/2023 06:55 PM Page 1 of 55C0055/AAAK/102827 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 9 Routine-Roadway View (02/13/2019) Routine-Elevation View (02/13/2019) Routine-Underside View (02/13/2019)

PHOTOGRAPH IDENTIFICATION
LOCATION 0.2 MI N/O ROUTE 5 FWY
TEAM LEADER Nelson N. Vo

FACILITY CARRIED MAIN ST
No.

REPORT AUTHOR Nelson N. Vo

FEATURE INTERSECTED SANTIAGO CREEK CHANNEL

BRIDGE LOCATION INFORMATION
LATITUDE 33°46'14.94"
Edwin Mah (Registered Civil Engineer)
INSPECTED BY NN.Vo/E.Mah

CULVERT N N/A (NBI)
DECK 7 GOOD
SUBSTRUCTURE 7 GOOD
SUPERSTRUCTURE 7 GOOD SUFFICIENCY RATING 92.4

STRUCTURALLY DEFICIENT (SD) STATUS NOT SD
1,942

PAINT CONDITION N/A

STRUCTURAL HEALTH CONDITION SUMMARY INFORMATION
STRUCTURE EVALUATION 7 ABOVE MIN CRITERIA
LONGITUDE 117°52'01.99"
SCOUR 5 STABLE W/IN FOOTING OR PIL
INVENTORY RTE(ON/UNDER) ON 150000000
POSTMILE 0

ON NATIONAL HIGHWAY SYSTEM ROUTE ON NHS
(9)
(11)
(16)
(17)
(7)
(6)
(5)
(104)
(58)
(59)
(60)
(62)
(67) (113)
Routine Inspection

BRIDGE INSPECTION REPORT
Edwin
Mah
03/31/2025
CIVIL
27141
9/11/2023
Date
Exp.

BRIDGE NO.:
55C0055
STRUCTURE NAME:

SANTIAGO CREEK CHANNEL February 7, 2023
INSPECTION DATE:

DECK AREA (M) 2
EXHIBIT 2
City Council 23 – 46 8/4/2026
Printed on: Monday 09/11/2023 06:55 PM Page 2 of 55C0055/AAAK/102827 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 9 Five span continuous CIP RC "T" beam (12 each) supported by RC pier walls and open end RC diaphragm abutments on unknown foundation (original construction) and spread footing.

Widening from both sides. Four span continuous CIP RC "T" beam (2 each) supported by RC pier walls and open end RC diaphragm abutments, all on steel piles.

Original: (S) 5 @ 40.0 feet (N).
1st widening.: (S) 48.9 feet, 3 @ 40.0 feet, 48.9 feet (N). 2nd Wid.: (S) 64.0 feet, 2 @ 40.0 feet, 48.9 feet (N).

STRUCTURE DESCRIPTION

SPAN CONFIGURATION
(55)ORANGE
12 (69000) SANTA ANA

BORDER BRIDGE STRUCTURE NUMBER

BORDER BRIDGE STATE CODE

COUNTY CODE

HIGHWAY DISTRICT

STATE NAME

PLACE CODE
% SHARE

AGENCY INFORMATION

CONSTRUCTION INFORMATION

YEAR BUILT

YEAR MODIFIED

LENGTH (M)
JOINTS
1918
SKEW
NO. OF HINGES
1975

61.9 0
0 0

MAIN SPANS
APPR SPANS 0
5 LOAD CAPACITY

DESIGN LOAD

INVENTORY RATING

OPERATING RATING

CALC METHOD

CALC METHOD
2 M 13.5 (H 15)
RF=1.46 =>47.3 metric tons
RF=2.43 =>78.7 metric tons
1 LF LOAD FACTOR
1 LF LOAD FACTOR

PERMIT RATING

POSTING LOADS
Legal
Type 3
Type 3S2
Type 3-3
Legal
Legal
PPPPP
MAX SPAN (M) 19.5
Unimpaired 99.99 M

MINIMUM VERTICAL CLEARANCE MINIMUM LATERAL UNDERCLEARANCE STR FLARE 0-NO

NBIS BR LENGTH Y
STRUCTURE TYPE MAIN 2: CONCRETE CONT
DESIGN TYPE MAIN 04: TEE BEAM
STRUCTURE TYPE APPR 0: OTHER/ NOT APPLICABLE
DESIGN TYPE APPR 00: OTHER/NOT APPLICABLE

BRIDGE POSTING

STRUCTURE STATUS
(56) MIN LAT UNDERCLEAR LT 0.0 M
(53) MIN VERT CLEAR OVER BRIDGE RDWY (55) MIN LAT UNDERCLEAR RT REF 0.0 M (54) MIN VERT UNDERCLEAR REF 0.00 M
5 AT/ABOVE LEGAL LOADS

A-OPEN, NO RESTRICTION

N-NOT H/RR

N-NOT H/RR

INSPECTION INFORMATION
CRITICAL FEATURE INSPECTION (93) CFI DATE

NSTM INSP N-NO MO A)

OTHER SPECIAL INSP N-NO MO C)

UNDERWATER INSP N-NO MO B)
INSPECTION DATE 02/23 (91) FREQUENCY 48 MO
MAINTAIN 04 CITY OR MUNICIPAL HI
OWNER 04 CITY OR MUNICIPAL HI
Safe
Loads
N/A
N/A
N/A
Existing
Ordinance/Order
N/A
N/A
Posting
Signs
U.S. Tons
U.S. Tons
U.S. Tons
Speed 35 N/A N/A MPH
Additional Ordinance/Order Requirements
Additional Signs
Load Rating Summary Date
Load Rating Type
04/05/2013
CALIFORNIA 069

N/A N/A
N/A
N/A
N/A
N/A
Posting Date N/A
(1)
(2)
(3)
(4)
(21)
(22)
(98)
(99)
(90)
(92)
A)
B)
C)
(27)
(106)
(34)
(49)
(112)
(45)
(46)
(48)
(35)
(43a)
(43b)
(44a)
(44b)
(31)
(66)
(64)
(41)
(65)
(63)
(70)

OPERATIONAL INFORMATION
OVERLAY THICKNESS 3 inches
Load Rating Tool - Date BDS - 07/23/80
Calculated
N/A

STRUCTURE OVERVIEW
NONE
NONE
EXHIBIT 2
City Council 23 – 47 8/4/2026
Printed on: Monday 09/11/2023 06:55 PM Page 3 of 55C0055/AAAK/102827 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 9 SCOPE AND ACCESS
A complete routine inspection was performed by walking on and around the bridge to inspect all visible elements of the bridge structure.

Bridge deck was inspected by walking on shoulder and. Soffit and all substructure were inspected by walking underneath the bridge.

There is no need for a special equipment to inspect this structure. The channel is dry. The pedestrian access under the bridge to span 1 is from southwest quadrant and the vehicular parking is at the northwest quadrant.

No access to span 5, the easterly side CLF has an opening from the north end and homeless were living underneath.

No access to the southerly half of The area under span 1 (Abutment 1) was fenced and locked. Transients have been camping underneath span 5 (Abutment 6) even though this area was fenced with Chain Link Fence but it was cut by homeless.

DECK AND ROADWAY
Bridge deck has an Asphalt Overlay about 3.0 inches thick with cracks.

There is about 1.0 inch settlement at the northeast corner of the sidewalk.

Westerly sidewalk has map cracks at (0.04 inches wide and 12.0 inches in spacing) with delamination inside the exterior face.

The westerly concrete rail has an unsound concrete area at (15.0 inches L X 4.0 inches W) in span 2 at 10.0 feet south of pier wall 2.

The following is the locations of Span 2 with soffit cracks and spalls:

Bays 3 to 9, deck soffit have several transverse cracks with white and brown efflorescence.

Bay 4, deck soffit has three spalls at (6.0 inches L X 4.0 inches W X 1.0 inch D) with exposed and corroded rebars.

Bay 6, deck soffit has a spall at (6.0 inches L X 4.0 inches W X 1.0 inch D) with exposed and corroded rebars.

Bay 8, deck soffit has a spall (6.0 inches L X 4.0 inches W X 1.0 inch D) with exposed and corroded rebars just north of the intermediate diaphragm. In addition, Bay 9, deck soffit has 4 transverse cracks at (0.04 inches wide and 1.0 to 3.0 feet long with white and brown efflorescence.

The following is the locations of Span 3 with soffit cracks and spalls:

Bay 3, deck soffit has numerous transverse cracks with brown efflorescence.

Bay 4, deck soffit has 04 spalls at (10.0 inches L X 4.0 inches W X 1.0 inch) due to the shallow of concrete cover with exposed and rusted rebars.

Bay 5, deck soffit has 3 transverse cracks (up to 0.04 inches wide and 1.0 to 2.0 feet long) with white and brown efflorescence.

Bay 6, deck soffit has a transverse cracks (up to 0.04 inches wide and 1.0 to 2.0 feet long) with white and brown efflorescence; Bay 7, deck soffit has 2 transverse cracks (up to 0.04 inches wide and 1.0 to 2.0 feet long) with white and brown efflorescence.

Bay 8, deck soffit has two spalls at (10.0 inches L X 5.0 inches W X 1.0 inch D) with rebar exposed and rusted.

The following is the locations of Span 4 with soffit cracks and spalls:

Bays 3 to 9, deck soffit have several transverse cracks (up to 0.04 inches wide and 1.0 to 2.0 feet long) with white and brown efflorescence.

Bay 4, deck soffit has a spall at (10.0 inches L X 10.0 inches W X 1.0 inch D) with exposed rebars and corroded at the southerly end.

Bay 8, deck soffit has numerous small spalls (up to 1.5 inches round spalls) with exposed rebars due to the shallow of concrete cover.

Due to the shallow of concrete cover on deck soffit, there are a few areas with exposed rebars inside some of the bays as the following locations:

Span 1:

Bays 2, deck soffit has an unsound concrete area at (20.0 inches L X 16.0 inches W) about 17.0 feet from the southerly abutment.

Bay 8, deck soffit has an unsound concrete area at (12.0 inches L X 12.0 inches W X 1.0 inch D) at the north end and it has a potentical of falling off at any time.

Bay 10, along the edge of the original overhang, deck soffit has two spalls at (16.0 inches L X 8.0 inches W X 4.0 inches D) about 10.0 and 17.0 feet from the southerly abutment.

INSPECTION COMMENTARY

CONDITION INFORMATION
EXHIBIT 2
City Council 23 – 48 8/4/2026
Printed on: Monday 09/11/2023 06:55 PM Page 4 of 55C0055/AAAK/102827 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 9 UNDERWATER INVESTIGATION DETAILS - NOT APPLICABLE FOR THIS BRIDGE.

STEEL INVESTIGATION DETAILS
The following is the locations of Span 2 with deck soffit spalls:

Bay 4, deck soffit has three spalls at (24.0 inches L X 8.0 inches W X 1.0 inch D) with exposed rebars and corroded.

Bay 6, deck soffit hss a spall at (24.0 inches L X 4.0 inches W X 1.0 D) with exposed rebars and corroded.

Bay 8, deck soffit has a large spall at (24.0 inches L X 20.0 inches W X 1.0 inch D) with exposed rebars and corroded just north of the intermediate diaphragm.

The following is the locations of Span 3 with deck soffit spalls Bay 8, deck soffit has two spalls at (24.0 inches L X 10.0 inches W X 1.0 inch D) with exposed rebar and rusted.

Bay 4, deck soffit has 4 spalls at (20.0 inches L X 4.0 inches W X 1.0 inch D) due to the shallow of concrete cover with exposed rebars and rusted.

Span 4:

Bay 4, deck soffit has a spall at (20.0 inches L X 20.0 inches W X 1.0 inch D) with exposed rebar and corroded at the southerly end.

Bay 8, deck soffit has numerous small spalls with exposed rebars due to the shallow of concrete cover.

The work-recommendation has been made in 2007 for coring bridge deck to determine the condition of deck soffit. Deck soffit patching also included in the work-recommendation on 02/26/2007 but it is not done.

SUPERSTRUCTURE
There is a sign of abrasion on some of the concrete girders.

Girder 9 of span 2 has an unsound concrete area at (1.5 feet X 2.5 feet) at mid-span.

Girder 9 (easterly original girder) has one longitudinal crack at (0.05 inches wide, 2.0 feet long) at the bottom face; and 3.0 feet long longitudinal crack at 0.05 inches wide. Both cracks are at the midspan 1.

SUBSTRUCTURE
There are debris and trash under all bridge spans.

Pier wall 4 has a hole around the east nose at (3.0 feet D X 15.0 feet L X 3.0 feet W).

The pier walls have the following locations with vertical cracks below:

Pier wall 2 has two cracks about (0.05 inches wide and 5.0 feet long) right below girder 6 and between girders 7 and 8.

Pier wall 3 has only one crack about (0.05 inches wide and 4.0 feet long) right below girder 6.

Pier wall 4 has only one crack about (0.05 inches wide and 6.0 feet long) right below girder 6.

Pier wall 5 has one crack about (0.03 inches wide and 8.0 feet long) right below girder #7 and one crack at (0.05 inches wide) between girders 5 and 6.

Pier wall 4 has a segregation area at (3.0 feet X 10.0 feet) at the southerly face approximately 2.0 feet above the ground level.

SAFE LOAD CAPACITY
The load rating for this structure is calculated on 04/05/2014 by SMI Ratings Branch using BrR 6.8.0 AASHTO analysis, and the load rating summary sheet is archived on 04/05/2014.

INSPECTION COMMENTARY
- NOT APPLICABLE FOR THIS BRIDGE.

CONDITION INFORMATION

SPECIAL INSPECTION INFORMATION
EXHIBIT 2
City Council 23 – 49 8/4/2026
Printed on: Monday 09/11/2023 06:55 PM Page 5 of 55C0055/AAAK/102827 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 9 TYPE OF MEMBRANE

TYPE OF DECK PROTECTION

DECK STRUCTURE TYPE

TYPE OF WEARING SURFACE

WEARING SURFACE / PROTECTIVE SYSTEM
AVERAGE DAILY TRAFFIC 37000
YEAR OF ADT 2019
BYPASS, DETOUR LENGTH 2 KM
(109) TRUCK ADT % 1 %
FUTURE ADT 60054
YEAR OF FUTURE ADT 2041
HISTORICAL SIGNIFICANCE 5: NOT ELIGIBLE FOR NRHP
6-BITUMINOUS
0-NONE
0-NONE
1-CIP CONCRETE

DECK STRUCTURE INFORMATION

31.1 M

26.7 M

DECK AND ROADWAY
LANES 7
35 1-ROUTE ON NHS

PARALLEL STRUCTURE

TEMPORARY STRUCTURE

DEFENSE HIGHWAY

FUNCTIONAL CLASS
SPEED

NATIONAL HIGHWAY SYSTEM
TOLL

DIRECTION OF TRAFFIC

DESIGNATED NATIONAL NETWORK

TYPE OF SERVICE

FEDERAL LANDS HWY
APPR ROADWAY ALIGN 8 EQUAL DESIRABLE CRIT
DECK GEOMETRY 4 TOLERABLE
APPROACH RDWY WIDTH 26.7 M

BRIDGE MEDIAN
CURB OR SIDEWALK LEFT 1.8 M RIGHT 1.8 M

TOTAL WIDTH

NET WIDTH
INVENTORY ROUTE TOTAL HORIZ CLEAR 26.7 M
INVENTORY ROUTE MIN VERT CLEAR 99.99 M
3-ON FREE ROAD
14-OTHER PRIN ART URBAN
0-NOT STRAHNET

N-NONE EXISTS
2-2 WAY
0-NOT APPLICABLE
0-NOT ON NET
0 NO MEDIAN
5-HIGHWAY-PEDESTRIAN

DECK GEOMETRY DECK ROADWAY/OPERATIONAL INFORMATION
(W) 1.0 foot br, 6.0 feet sw, 87.6 feet, 6.0 feet sw, 1.0 foot br (E).

DECK CROSS SECTION
LRS INVENTORY RTE & SUBRTE 000000000000
BASE HIGHWAY NETWORK 1-PART OF NET
OVERLAY THICKNESS (inches) 3 inches
N/A
(51)
(52)
(50)
(32)
(33)
(107)
(108)
A)
B)
C)
(29)
(30)
(19)
(114)
(115)
(37)
(42a)
(12)
(13)
(104)
(26)
(100)
(101)
(102)
(10)
(47)
(68)
(72)
(105)
(110)
(20)
(28a)
(103)
(49) LENGTH 61.9 M
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Qty in each Condition State
16 Top Flange-RC
Delamination/Spall/Patched Area
Cracking (RC and Other)
2 2
2 1925
20 200
sq.m
each
each
1705
0 0
200
0 200
20 20
0 0
0 0

DECK ELEMENT INSPECTION RATINGS AND NOTES
Defect/
Prot
1080
1130
Defect
(16) Top Flange-RC
(16-1080) Delamination/Spall/Patched Area
Deck soffit cracks and spalls.

Due to the shallow of concrete cover on deck soffit, there are a few areas with exposed rebars inside some of the bays as the following locations:

In span #1:

Bays #2, deck soffit has an unsound concrete area at (20.0 inches L X 16.0 inches W) about 17.0 feet from the southerly abutment.

Bay #8, deck soffit has an unsound concrete area at (12.0 inches L X 12.0 inches W X 1.0 inch D) at the north end and it has a potentical of falling off at any time.

Bay #10, along the edge of the original overhang, deck soffit has two spalls at (16.0 inches L X 8.0 inches W X 4.0 inches D) about

10.0 and 17.0 feet from the southerly abutment.

The following is the locations of Span #2 with deck soffit spalls:

Bay #4, deck soffit has three spalls at (24.0 inches L X 8.0 inches W X 1.0 inch D) with exposed rebars and corroded.

Bay #6, deck soffit hss a spall at (24.0 inches L X 4.0 inches W X 1.0 D) with exposed rebars and corroded.

Bay #8, deck soffit has a large spall at (24.0 inches L X 20.0 inches W X 1.0 inch D) with exposed rebars and corroded just north of the intermediate diaphragm.

The following is the locations of Span #3 with deck soffit spalls Bay #8, deck soffit has two spalls at (24.0 inches L X 10.0 inches W X 1.0 inch D) with exposed rebar and rusted. (58) DECK RATING =7
EXHIBIT 2
City Council 23 – 50 8/4/2026
Printed on: Monday 09/11/2023 06:55 PM Page 6 of 55C0055/AAAK/102827 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 9 Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Qty in each Condition State

DECK ELEMENT INSPECTION RATINGS AND NOTES
Defect/
Prot Defect
(16-1080) Delamination/Spall/Patched Area
(16-1130) Cracking (RC and Other)
Bay #4, deck soffit has 4 spalls at (20.0 inches L X 4.0 inches W X 1.0 inch D) due to the shallow of concrete cover with exposed rebars and rusted.

Span #4:

Bay #4, deck soffit has a spall at (20.0 inches L X 20.0 inches W X 1.0 inch D) with exposed rebar and corroded at the southerly end.

Bay #8, deck soffit has numerous small spalls with exposed rebars due to the shallow of concrete cover.

The following is the loctions of span #1 with soffit cracks:

Bays #3 to #9, deck soffit ha numerous transverse cracks with white and brown efflorescence; The following is the locations of Span #2 with soffit cracks and spalls:

Bays #3 to #9, , soffit have several transverse cracks with light white and brown efflorescence.

Bay #4, deck soffit has three spalls at (6.0 inches L X 4.0 inches W X 1.0 inch D) with rebar exposed and corroded; Bay #6, deck soffit has a spall at (6.0 inches L X 4.0 inches W X 1.0 inch D) with rebar exposed and corroded.

Bay #8, deck soffit has a spall (6.0 inches L X 4.0 inches W X 1.0 inch D) with rebar exposed and corroded just north of the intermediate diaphragm. In addition, Bay #9, deck soffit has 4 transverse cracks at (0.04 inches wide, 1.0 to 3.0 feet long with white and brown efflorescence.

The following is the locations of Span #3 with soffit cracks and spalls:

Bay #3, deck soffit has numerous transverse cracks with brown efflorescence; Bay #4, deck soffit has 04 spalls at (10.0 inches L X 4.0 inches W X 1.0 inch) due to the concrete cover with exposed rebars and rusted.

Bay #5, deck soffit has 3 transverse cracks with white and brown efflorescence.

Bay #6, deck soffit has a transverse cracks with white and brown efflorescence; Bay #7, deck soffit has 2 transverse cracks with white and brown efflorescence.

Bay #8, deck soffit has two spalls at (10.0 inches L X 5.0 inches W X 1.0 inch D) with rebar exposed and rusted.

The following is the locations of Span #4 with soffit cracks and spalls:

Bays #3 to #9, deck soffit have several transverse cracks with white and brown efflorescence.

Bay #4, deck soffit has a spall at (10.0 inches L X 10.0 inches W X 1.0 inch D) with exposed rebars and corroded at the southerly end.

Bay #8, deck soffit has numerous small spalls with exposed rebars due to the concrete cover. (58) DECK RATING =7
EXHIBIT 2
City Council 23 – 51 8/4/2026
Printed on: Monday 09/11/2023 06:55 PM Page 7 of 55C0055/AAAK/102827 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 9 Photo 1 Photo 1
AC Roadway at both of approach and departure lanes

DECK PHOTOGRAPHS
DECK ELEMENT INSPECTION RATINGS AND NOTES (58) DECK RATING =7 (36a) Rail Code 1 0 0 0
331 Railing-RC
Delamination/Spall/Patched Area
Cracking (RC and Other)
2 2
2 124
1 5
m
each
each
118
0 0
6 1
5 0
0 0
0 0
0 JOINT/APPROACH/RAIL ELEMENT INSPECTION RATINGS AND NOTES 1080
1130

RAIL INFORMATION
(36b) Transition (36c) Appr Guardrail (36d) Appr Guardrail End Roadway Speed 35 MPH

JOINT - APPROACH - RAIL
(331) Railing-RC
(331-1080) Delamination/Spall/Patched Area
(331-1130) Cracking (RC and Other)
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Defect/ Qty in each Condition State
Prot Defect
Map cracks and numerous small spalls inside the exterior of concrete bridge railings.

The westerly concrete rail has an unsound concrete area at (15.0 inches L X 4.0 inches W) in span #2 at 10.0 feet south of pier wall #2.

There is about 1.0 inch settlement at the northeast corner of the sidewalk.

Westerly sidewalk has map cracks at (0.04 inches wide, 12.0 inches in spacing) with minor delamination inside the exterior face.

Photo 1
Metal Bridge Guard Railing at northeast corner was hit by cars Photo 1
Metal Bridge Guard Railing at northeast corner was hit by cars

JOINT/APPROACH/RAIL PHOTOGRAPHS
EXHIBIT 2
City Council 23 – 52 8/4/2026
Printed on: Monday 09/11/2023 06:55 PM Page 8 of 55C0055/AAAK/102827 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 9 DESCRIPTION UNDER STRUCTURE

CHANNEL DESCRIPTION
Natural earth trapezoidal.

TYPE OF SERVICE UNDER

UNDERCLEARANCES V - H N NOT APPLICABLE (NBI)
WATER ADEQUACY 9 ABOVE DESIRABLE

VERT-LIFT BRIDGE NAV MIN VERTICAL CLEAR M

NAVIGATION CONTROL
NAVIGATION HORIZONTAL CLEARANCE 0.0 M
NAVIGATION VERTICAL CLEARANCE 0.0 M

PIER PROTECTION
5-WATERWAY N: NOT APPLICABLE
SCOUR 5 STABLE W/IN FOOTING OR PILE

SCOUR POA DATE N/A
CHANNEL PROTECTION 8 PROTECTED
N/A
(42b)
(69)
(71)
(61)
(113)
(38)
(111)
(39)
(116)
(40)
110 Girder/Beam-RC
Delamination/Spall/Patched Area
Cracking (RC and Other)
2 2
2 713
3 1
m
each
each
709
0 0
4 3
1 0
0 0
0 0
0 SUPERSTRUCTURE ELEMENT INSPECTION RATINGS AND NOTES
1080
1130
210
215
225
Pier Wall-RC
Cracking (RC and Other)
Abrasion (PS Conc./RC)
Abutment-RC
Pile-Steel
2 2
2 2
2 115
5 1
62 1
m
each
each
m
ea.
109
0 0
62 1
6 5
1 0
0 0
0 0
0 0

SUBSTRUCTURE ELEMENT INSPECTION RATINGS AND NOTES
0 0
0 0
0 1130
1190

SUPERSTRUCTURE

SUBSTRUCTURE
(59) SUPERSTRUCTURE RATING = 7
(60) SUBSTRUCTURE RATING = 7
(110) Girder/Beam-RC
(110-1080) Delamination/Spall/Patched Area
(110-1130) Cracking (RC and Other)
(210) Pier Wall-RC
(210-1130) Cracking (RC and Other)
(210-1190) Abrasion (PS Conc./RC)
(215) Abutment-RC
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Defect/ Qty in each Condition State
Prot Defect
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Defect/ Qty in each Condition State
Prot Defect
Cracks and abrasion.

The pier walls have the following locations with vertical cracks below:

Pier wall #2 has two cracks about (0.05 inches wide) right below girder #6 and between girders #7 and #8.

Pier wall #3 has only one crack about (0.05 inches wide) right below girder #6.

Pier wall #4 has only one crack about (0.05 inches wide) right below girder #6.

Pier wall #5 has one crack about (0.03 inches wide) right below girder #7 and one crack at (0.05 inches wide) between girders #5 and #6.

Pier wall #4 has a segregation area at (3.0 feet X 10.0 feet) at the southerly face approximately 2.0 feet above the ground level.

There were no significant defects noted.

Minor cracks and spalls.

There is a sign of abrasion on some of the concrete girders.

Girder #9 of span #2 has an unsound concrete area at (1.5 feet X 2.5 feet) at mid-span.

Girder #9 (easterly original girder) has one longitudinal crack at (0.05 inches wide, 2.0 feet long) at the bottom face; and 3.0 feet long longitudinal crack at 0.05 inches wide. Both cracks are at the midspan #1.

EXHIBIT 2
City Council 23 – 53 8/4/2026
Printed on: Monday 09/11/2023 06:55 PM Page 9 of 9 55C0055/AAAK/102827 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations

OTHER WORK RECOMMENDATIONS

JOINT/APPR/RAIL WORK RECOMMENDATIONS - NONE

SUPERSTRUCTURE WORK RECOMMENDATIONS - NONE

SUBSTRUCTURE WORK RECOMMENDATIONS - NONE
Work By
Action
Rec Date LOCAL AGENCY Est Cost
Remove Vegetation
02/12/2019
Str Target ROUTINE
Remove all debris, trash underneath of the structure due to transients who have been camping here.

Dist Target
Status PROPOSED EA

DECK WORK RECOMMENDATIONS
Work By
Action
Rec Date LOCAL AGENCY Est Cost
Deck-Misc.
02/26/2007
Str Target ROUTINE
Since the soffit is so bad , so I recommend that the city should core several samples from the concrete deck to determine how much is the chloride content in the concrete deck.

Patch all the soffit spalls after cleaning the soffit rebars.

Dist Target
Status PROPOSED EA
227 Pile-RC 2 1 ea. 1 0 0

SUBSTRUCTURE ELEMENT INSPECTION RATINGS AND NOTES
0 SUBSTRUCTURE
(60) SUBSTRUCTURE RATING = 7

WORK RECOMMENDATIONS
(225) Pile-Steel
(227) Pile-RC
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Defect/ Qty in each Condition State
Prot Defect
The pile element is included to indicate the presence of piles on this structure. The piles were not exposed for visual inspection. No indication of pile distress was noted in any substructure element.

The pile element is included to indicate the presence of piles on this structure. The piles were not exposed for visual inspection. No indication of pile distress was noted in any substructure element.

EXHIBIT 2
City Council 23 – 54 8/4/2026
55C0055
102 - Deck-Damage/Deterioration
May 09, 2023 [AAAK]
Photo #1
EXHIBIT 2
City Council 23 – 55 8/4/2026
55C0055
119 - Rail-Damage/Deterioration
May 09, 2023 [AAAK]
Metal Bridge Guard Railing at northeast corner was hit by cars Photo #1
EXHIBIT 2
City Council 23 – 56 8/4/2026
55C0055
119 - Rail-Damage/Deterioration
May 09, 2023 [AAAK]
Metal Bridge Guard Railing at northeast corner was hit by cars Photo #1
EXHIBIT 2
City Council 23 – 57 8/4/2026
55C0055
103 - Deck-Details
May 09, 2023 [AAAK]
AC Roadway at both of approach and departure lanes
Photo #1
EXHIBIT 2
City Council 23 – 58 8/4/2026
Printed on: Monday 09/11/2023 07:00 PM Page 1 of 55C0423/AAAL/102829 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 7 Routine-Roadway View (02/12/2019) Routine-Elevation View (02/12/2019) Routine-Underside View (02/02/2021)

PHOTOGRAPH IDENTIFICATION
LOCATION 0.2 MI E/O FAIRVIEW ST
TEAM LEADER Nelson N. Vo
FACILITY CARRIED 17TH STREET
No.

REPORT AUTHOR Nelson N. Vo

FEATURE INTERSECTED SANTA ANA RIVER CHANNEL

BRIDGE LOCATION INFORMATION
LATITUDE 33°45'35.14"
Edwin Mah (Registered Civil Engineer)
INSPECTED BY NN.Vo/E.Mah

CULVERT N N/A (NBI)
DECK 7 GOOD
SUBSTRUCTURE 7 GOOD
SUPERSTRUCTURE 7 GOOD SUFFICIENCY RATING 93.9

STRUCTURALLY DEFICIENT (SD) STATUS NOT SD
3,043

PAINT CONDITION N/A

STRUCTURAL HEALTH CONDITION SUMMARY INFORMATION
STRUCTURE EVALUATION 7 ABOVE MIN CRITERIA
LONGITUDE 117°54'04.06"
SCOUR 8 STABLE ABOVE FOOTING
INVENTORY RTE(ON/UNDER) ON 150000000
POSTMILE 0

ON NATIONAL HIGHWAY SYSTEM ROUTE ON NHS
(9)
(11)
(16)
(17)
(7)
(6)
(5)
(104)
(58)
(59)
(60)
(62)
(67) (113)
Routine Inspection

BRIDGE INSPECTION REPORT
Edwin
Mah
03/31/2025
CIVIL
27141
9/11/2023
Date
Exp.

BRIDGE NO.:
55C0423
STRUCTURE NAME:

SANTA ANA RIVER CHANNEL February 8, 2023
INSPECTION DATE:

DECK AREA (M) 2
EXHIBIT 2
City Council 23 – 59 8/4/2026
Printed on: Monday 09/11/2023 07:00 PM Page 2 of 55C0423/AAAL/102829 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 7 Simply supported 4-span PC/PS concrete I-girder (13 each) with RC pier walls and RC open end seat abutments, all supported upon concrete piles.
(W) 87.0 feet, 2 @ 89.0 feet, 87.0 feet (E).

STRUCTURE DESCRIPTION

SPAN CONFIGURATION
(55)ORANGE
12 (69000) SANTA ANA

BORDER BRIDGE STRUCTURE NUMBER

BORDER BRIDGE STATE CODE

COUNTY CODE

HIGHWAY DISTRICT

STATE NAME

PLACE CODE
% SHARE

AGENCY INFORMATION

CONSTRUCTION INFORMATION
N/A

YEAR BUILT

YEAR MODIFIED

LENGTH (M)
JOINTS
1977
SKEW
NO. OF HINGES
109.1
34 2 0

MAIN SPANS
APPR SPANS 0
4 LOAD CAPACITY

DESIGN LOAD

INVENTORY RATING

OPERATING RATING

CALC METHOD

CALC METHOD
0 UNKNOWN
RF= 1.61
RF= 2.22
8 LRFR RATING FACTOR
8 LRFR RATING FACTOR

PERMIT RATING

POSTING LOADS
Legal
Type 3
Type 3S2
Type 3-3
Legal
Legal
PPPPP
MAX SPAN (M) 27.1
Unimpaired 99.99 M

MINIMUM VERTICAL CLEARANCE MINIMUM LATERAL UNDERCLEARANCE STR FLARE 0-NO

NBIS BR LENGTH Y
STRUCTURE TYPE MAIN 6: PRSTR CONC CONT
DESIGN TYPE MAIN 02: STRINGER/MULTI-BEAM
STRUCTURE TYPE APPR 0: OTHER/ NOT APPLICABLE
DESIGN TYPE APPR 00: OTHER/NOT APPLICABLE

BRIDGE POSTING

STRUCTURE STATUS
(56) MIN LAT UNDERCLEAR LT 0.0 M
(53) MIN VERT CLEAR OVER BRIDGE RDWY (55) MIN LAT UNDERCLEAR RT REF 0.0 M (54) MIN VERT UNDERCLEAR REF 0.00 M
5 AT/ABOVE LEGAL LOADS

A-OPEN, NO RESTRICTION

N-NOT H/RR

N-NOT H/RR

INSPECTION INFORMATION
CRITICAL FEATURE INSPECTION (93) CFI DATE

NSTM INSP N-NO MO A)

OTHER SPECIAL INSP N-NO MO C)

UNDERWATER INSP N-NO MO B)
INSPECTION DATE 02/23 (91) FREQUENCY 48 MO
MAINTAIN 04 CITY OR MUNICIPAL HI
OWNER 04 CITY OR MUNICIPAL HI
Safe
Loads
N/A
N/A
N/A
Existing
Ordinance/Order
N/A
N/A
Posting
Signs
U.S. Tons
U.S. Tons
U.S. Tons
Speed 40 N/A N/A MPH
Additional Ordinance/Order Requirements
Additional Signs
Load Rating Summary Date
Load Rating Type
06/19/17
CALIFORNIA 069

N/A N/A
N/A
N/A
N/A
N/A
Posting Date N/A
(1)
(2)
(3)
(4)
(21)
(22)
(98)
(99)
(90)
(92)
A)
B)
C)
(27)
(106)
(34)
(49)
(112)
(45)
(46)
(48)
(35)
(43a)
(43b)
(44a)
(44b)
(31)
(66)
(64)
(41)
(65)
(63)
(70)

OPERATIONAL INFORMATION
OVERLAY THICKNESS 0 inches
Load Rating Tool - Date BrR 6.8.1 AASHTO - 06/19/17
Calculated
N/A

STRUCTURE OVERVIEW
NONE
NONE
EXHIBIT 2
City Council 23 – 60 8/4/2026
Printed on: Monday 09/11/2023 07:00 PM Page 3 of 55C0423/AAAL/102829 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 7 UNDERWATER INVESTIGATION DETAILS - NOT APPLICABLE FOR THIS BRIDGE.

STEEL INVESTIGATION DETAILS

SCOPE AND ACCESS
A complete routine inspection was performed by walking on and around the bridge to inspect all visible elements of the bridge structure.

Bridge deck was inspected by walking on shoulder. Soffit and all substructure were inspected by walking underneath the bridge.

The channel is dry. There is no need for a special equipment to inspect this structure.

DECK AND ROADWAY
There are longitudinal and transverse deck cracks range from (up to 0.07 inches wide and 1.0 to 3.0 feet in spacing) throughout the entire bridge deck.

Deck soffit has random transverse cracks at (0.04 inches wide and 1.0 to 2.0 feet long) with white and brown efflorescence in most bays of span 1 near pierwall 2 and in between spans 2 and 3.

Both sidewalks have longitudinal cracks and numerous small spalls with exposed rebars along the bottom.

Type B seal has no adhesion; and it has been deterioratiing at aboth of abutment joints with vegetation inside the joint gap at (2.0 to 3.0 inches gap at 75.0 degrees of Fahrenheit.

SUPERSTRUCTURE
PC/PS Girders have cracks and spalls as the following locations below:

The southerly girder at the west end above the westerly abutment has a spall (16.0 inches L x 12.0 inches W x 6.0 inches D) with exposed rebar and rusted.

Girder 3 has a small spall (2.0 inches L x 2.0 inches W x 1.0 inch D) approximately 27.0 feet from the westerly abutment.

Span 2, girder 5 has a spall (24.0 inches L x 8.0 inches W x 5.0 inches D) with exposed rebars and strands with rusted at the bottom flange at midspan 2.

Span 4, girder 2 has a small spall (4.0 inches L x 2.0 inches W x 1.0 inch D) approximately 42.0 feet from pier wall 4. Girder 11 has a small spall (4.0 inches L x 2.0 inches W x 1.0 inch D) about 33.0 feet from pier wall 4. In addition, girder 13 has a small spall (4.0 inches L x 4.0 inches W x 1.0 inch D) about 30.0 feet from pier wall 4 and (2.0 inches L X 2.0 inches W X 1.0 inch D) spall approximately 33.0 feet from pier wall 4.

The southerly exterior girder has a spall (12.0 inches L x 8.0 inches W x 1.0 inches D) on top of southwest corner of the westerly abutment.

Northerly, girder 2 has a spall (4.0 inches L x 4.0 inches W x 1.0 inch D) over the bike lane approximately 60.0 west of abutment 5.

There are several girder webs covering with graffiti near the easterly abutment.

SUBSTRUCTURE
The following is the locations of cracks on pier walls below:

Pier wall 2 has four vertical cracks 0.05 inches wide.

Pier wall 3 has two vertical cracks 0.06 inches wide.

Pier wall 4 has four vertical 0.06 inches wide cracks; and three 0.06 inches wide vertical cracks.

North half of the westerly abutment and southerly half of the easterly abutment are occupied with transients.

The westerly abutment has a large spall at (20.0 inches L x 14.0 inches W x 2.0 inches D) under the southerly girder, southwest corner.

RECOMMENDATION
Chaining deck and coring samples of this bridge are highly recommended due to the condition of bridge deck so that the local agency can determine the best solution of deck treatment with Methacrylate or Polyester Concrete Overlay.

SAFE LOAD CAPACITY
The load rating for this structure is calculated on 06/19/2017 by SMI Ratings Branch using BrR 6.8.0 AASHTO analysis, and the load rating summary sheet is archived on 06/19/2017.

INSPECTION COMMENTARY
- NOT APPLICABLE FOR THIS BRIDGE.

CONDITION INFORMATION

SPECIAL INSPECTION INFORMATION
EXHIBIT 2
City Council 23 – 61 8/4/2026
Printed on: Monday 09/11/2023 07:00 PM Page 4 of 55C0423/AAAL/102829 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 7 TYPE OF MEMBRANE

TYPE OF DECK PROTECTION

DECK STRUCTURE TYPE

TYPE OF WEARING SURFACE

WEARING SURFACE / PROTECTIVE SYSTEM
AVERAGE DAILY TRAFFIC 33000
YEAR OF ADT 2021
BYPASS, DETOUR LENGTH 2 KM
(109) TRUCK ADT % 1 %
FUTURE ADT 70777
YEAR OF FUTURE ADT 2041
HISTORICAL SIGNIFICANCE 5: NOT ELIGIBLE FOR NRHP
1-CONCRETE
0-NONE
0-NONE
1-CIP CONCRETE

DECK STRUCTURE INFORMATION

28.0 M

24.3 M

DECK AND ROADWAY
LANES 6
40 1-ROUTE ON NHS

PARALLEL STRUCTURE

TEMPORARY STRUCTURE

DEFENSE HIGHWAY

FUNCTIONAL CLASS
SPEED

NATIONAL HIGHWAY SYSTEM
TOLL

DIRECTION OF TRAFFIC

DESIGNATED NATIONAL NETWORK

TYPE OF SERVICE

FEDERAL LANDS HWY
APPR ROADWAY ALIGN 8 EQUAL DESIRABLE CRIT
DECK GEOMETRY 5 ABOVE TOLERABLE
APPROACH RDWY WIDTH 24.3 M

BRIDGE MEDIAN
CURB OR SIDEWALK LEFT 1.5 M RIGHT 1.5 M

TOTAL WIDTH

NET WIDTH
INVENTORY ROUTE TOTAL HORIZ CLEAR 24.3 M
INVENTORY ROUTE MIN VERT CLEAR 99.99 M
3-ON FREE ROAD
14-OTHER PRIN ART URBAN
0-NOT STRAHNET

N-NONE EXISTS
2-2 WAY
0-NOT APPLICABLE
0-NOT ON NET
0 NO MEDIAN
5-HIGHWAY-PEDESTRIAN

DECK GEOMETRY DECK ROADWAY/OPERATIONAL INFORMATION
(N) 1.0 foot br, 5.0 feet sw, 78.0 feet, 5.0 feet sw, 1.0 foot br (S).

DECK CROSS SECTION
LRS INVENTORY RTE & SUBRTE 000000000000
BASE HIGHWAY NETWORK 1-PART OF NET
OVERLAY THICKNESS (inches) 0 inches
N/A
(51)
(52)
(50)
(32)
(33)
(107)
(108)
A)
B)
C)
(29)
(30)
(19)
(114)
(115)
(37)
(42a)
(12)
(13)
(104)
(26)
(100)
(101)
(102)
(10)
(47)
(68)
(72)
(105)
(110)
(20)
(28a)
(103)
(49) LENGTH 109.1 M
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Qty in each Condition State
12 Deck-RC
Cracking (RC and Other)
2 2
3054
350
sq.m
each
2704
0 200
200
150
150
0 0

DECK ELEMENT INSPECTION RATINGS AND NOTES
Defect/
Prot
1130
Defect
(12-1130) Cracking (RC and Other)
There are longitudinal and transverse deck cracks range from (0.04 to 0.07 inches wide and 1.0 to 3.0 feet in spacing) throughout the entire deck.

Deck soffit has random transverse cracks at (0.04 inches wide) with white and brown efflorescence in most bays of span 1 near pierwall 2 and in between spans 2 and 3.
(58) DECK RATING =7
(36a) Rail Code 1 0 0 0
302
333
Joint-Compression Seal
Seal Adhesion (Joints)
Railing-Other
Delamination/Spall/Patched Area
2 2
2 2
66 30
220
30 m
each
m
each
36 0
190
0 25
25 30
30 5
5 0
0 0
0 0
0 JOINT/APPROACH/RAIL ELEMENT INSPECTION RATINGS AND NOTES 2320
1080

RAIL INFORMATION
(36b) Transition (36c) Appr Guardrail (36d) Appr Guardrail End Roadway Speed 40 MPH

JOINT - APPROACH - RAIL
(302-2320) Seal Adhesion (Joints)
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Defect/ Qty in each Condition State
Prot Defect
Type B seal has no adhesion; and it has been deterioratiing at aboth of abutment joints with vegetation inside the joint gap at (2.0 to 3.0 inches gap at 75.0 degrees of Fahrenheit.

EXHIBIT 2
City Council 23 – 62 8/4/2026
Printed on: Monday 09/11/2023 07:00 PM Page 5 of 55C0423/AAAL/102829 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 7 DESCRIPTION UNDER STRUCTURE

CHANNEL DESCRIPTION
RC trapezoidal.

TYPE OF SERVICE UNDER

UNDERCLEARANCES V - H N NOT APPLICABLE (NBI)
WATER ADEQUACY 9 ABOVE DESIRABLE

VERT-LIFT BRIDGE NAV MIN VERTICAL CLEAR M

NAVIGATION CONTROL
NAVIGATION HORIZONTAL CLEARANCE 0.0 M
NAVIGATION VERTICAL CLEARANCE 0.0 M

PIER PROTECTION
5-WATERWAY N: NOT APPLICABLE
SCOUR 8 STABLE ABOVE FOOTING

SCOUR POA DATE N/A
CHANNEL PROTECTION 8 PROTECTED
N/A
(42b)
(69)
(71)
(61)
(113)
(38)
(111)
(39)
(116)
(40)
109
312
Girder/Beam-PS Conc.

Delamination/Spall/Patched Area
Bearing-Enclosed
2 2
2 1419
20 2
m
each
each
1399
0 2
15 15
0 5
5 0
0 0
0 SUPERSTRUCTURE ELEMENT INSPECTION RATINGS AND NOTES
1080
210 Pier Wall-RC
Cracking (RC and Other)
2 2
84 6
m
each
78 0
4 4
2 2

SUBSTRUCTURE ELEMENT INSPECTION RATINGS AND NOTES
0 1130 0

SUPERSTRUCTURE

SUBSTRUCTURE
(59) SUPERSTRUCTURE RATING = 7
(60) SUBSTRUCTURE RATING = 7
(109-1080) Delamination/Spall/Patched Area
(312) Bearing-Enclosed
(210-1130) Cracking (RC and Other)
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Defect/ Qty in each Condition State
Prot Defect
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Defect/ Qty in each Condition State
Prot Defect
PC/PS Girders have cracks and spalls as the following locations below:

The southerly girder at the west end above the westerly abutment has a spall (16.0 inches L x 12.0 inches W x 6.0 inches D) with exposed rebar and rusted.

Girder 3 has a small spall (2.0 inches L x 2.0 inches W x 1.0 inch D) approximately 27.0 feet from the westerly abutment.

Span 2, girder 5 has a spall (24.0 inches L x 8.0 inches W x 5.0 inches D) with exposed rebars and strands with rusted at the bottom flange at midspan 2.

Span 4, girder 2 has a small spall (4.0 inches L x 2.0 inches W x 1.0 inch D) approximately 42.0 feet from pier wall 4. Girder 11 has a small spall (4.0 inches L x 2.0 inches W x 1.0 inch D) about 33.0 feet from pier wall 4. In addition, girder 13 has a small spall (4.0 inches L x 4.0 inches W x 1.0 inch D) about 30.0 feet from pier wall 4 and (2.0 inches L X 2.0 inches W X 1.0 inch D) spall approximately 33.0 feet from pier wall 4.

The southerly exterior girder has a spall (12.0 inches L x 8.0 inches W x 1.0 inches D) on top of southwest corner of the westerly abutment.

Northerly, girder 2 has a spall (4.0 inches L x 4.0 inches W x 1.0 inch D) over the bike lane approximately 60.0 west of abutment 5.

There were no significant defects noted.

JOINT/APPROACH/RAIL ELEMENT INSPECTION RATINGS AND NOTES

JOINT - APPROACH - RAIL
(333-1080) Delamination/Spall/Patched Area
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Defect/ Qty in each Condition State
Prot Defect
Both sidewalks have longitudinal cracks and numerous small spalls (1.0 to 2.0 inches round) with exposed rebars along the bottom.

EXHIBIT 2
City Council 23 – 63 8/4/2026
Printed on: Monday 09/11/2023 07:00 PM Page 6 of 55C0423/AAAL/102829 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 7 215
226
256
Abutment-RC
Delamination/Spall/Patched Area
Pile-PS Conc.

Slope Protection
2 2
2 2
56 2
1 2
m
each
ea.
ea.
54 0
1 2
0 0
0 0
2 2
0 0

SUBSTRUCTURE ELEMENT INSPECTION RATINGS AND NOTES
0 0
0 0
1080

SUBSTRUCTURE
(60) SUBSTRUCTURE RATING = 7
(210-1130) Cracking (RC and Other)
(215-1080) Delamination/Spall/Patched Area
(226) Pile-PS Conc.
(256) Slope Protection
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Defect/ Qty in each Condition State
Prot Defect
The following is the locations of cracks on pier walls below:

Pier wall 2 has four vertical cracks 0.05 inches wide.

Pier wall 3 has two vertical cracks 0.06 inches wide.

Pier wall 4 has four vertical 0.06 inches wide cracks; and three 0.06 inches wide vertical cracks.

The westerly abutment has a large spall at (20.0 inches L x 14.0 inches W x 2.0 inches D) under the southerly girder, southwest corner.

The pile element is included to indicate the presence of piles on this structure. The piles were not exposed for visual inspection. No indication of pile distress was noted in any substructure element.

There were no significant defects noted.

EXHIBIT 2
City Council 23 – 64 8/4/2026
Printed on: Monday 09/11/2023 07:00 PM Page 7 of 7 55C0423/AAAL/102829 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations

OTHER WORK RECOMMENDATIONS - NONE

JOINT/APPR/RAIL WORK RECOMMENDATIONS

SUPERSTRUCTURE WORK RECOMMENDATIONS

SUBSTRUCTURE WORK RECOMMENDATIONS
Work By
Work By
Work By
Action
Action
Action
Est Cost
Est Cost
Est Cost
Rec Date
Rec Date
Rec Date

LOCAL AGENCY

LOCAL AGENCY

LOCAL AGENCY
Sub-Patch spalls
Sub-Patch spalls
Sub-Patch spalls
02/01/2021
02/18/2015
02/27/2007
Str Target
Str Target
Str Target

ROUTINE

ROUTINE

ROUTINE
Sawcut, remove and clean all loose material; and then, patch it with cement mortar concrete as the following location below (this work recommendation has been made in 2007).

The westerly abutment has a large spall at (20.0 inches L x 14.0 inches W x 2.0 inches D) under the southerly girder, southwest corner.

Clean rebars and patch the spall (20.0 inches L x 14.0 inches W x 12.0 inches D) at the westerly abutment.

Patch the west abutment that has a large spall (20.0 inches L x 14.0 inches W x 2.0 inches D) under the southerly girder.

Dist Target
Dist Target
Dist Target
EA
EA
EA
Status
Status
Status

PROPOSED

PROPOSED

PROPOSED
Work By
Action
Rec Date LOCAL AGENCY Est Cost
Joints-Replace
02/12/2019
Str Target ROUTINE
Replace all the existing type B seal.

Dist Target
Status PROPOSED EA
Work By
Work By
Action
Action
Est Cost
Est Cost
Rec Date
Rec Date

LOCAL AGENCY

LOCAL AGENCY
Super-Patch spalls
Super-Patch spalls
02/01/2021
04/26/2011
Str Target
Str Target

ROUTINE

ROUTINE
Patch all concrete spalls as the following locations below. Some of the spall areas have been mentioned in the previous work recommendations in previous years.

The southerly girder at the west end above the westerly abutment has a spall (16.0 inches L x 12.0 inches W x 6.0 inches D) with exposed rebar and rusted.

Girder 3 has a small spall (2.0 inches L x 2.0 inches W x 1.0 inch D) approximately 27.0 feet from the westerly abutment.

Span 2, girder 5 has a spall (24.0 inches L x 8.0 inches W x 5.0 inches D) with exposed rebars and strands with rusted at the bottom flange at midspan 2.

Span 4, girder 2 has a small spall (4.0 inches L x 2.0 inches W x 1.0 inch D) approximately 42.0 feet from pier wall 4. Girder 11 has a small spall (4.0 inches L x 2.0 inches W x 1.0 inch D) about 33.0 feet from pier wall 4. In addition, girder 13 has a small spall (4.0 inches L x 4.0 inches W x 1.0 inch D) about 30.0 feet from pier wall 4 and (2.0 inches L X 2.0 inches W X 1.0 inch D) spall approximately 33.0 feet from pier wall 4.

The southerly exterior girder has a spall (12.0 inches L x 8.0 inches W x 1.0 inches D) on top of southwest corner of the westerly abutment.

Northerly, girder 2 has a spall (4.0 inches L x 4.0 inches W x 1.0 inch D) over the bike lane approximately 60.0 west of abutment 5.

Clean all rebars and patch the spall at girder 5 in span 2 and others Dist Target
Dist Target
EA
EA
Status
Status

PROPOSED

PROPOSED

DECK WORK RECOMMENDATIONS
Work By
Action
Rec Date LOCAL AGENCY Est Cost
Deck-Methacrylate
02/12/2019
Str Target ROUTINE
Chaining deck and coring deck samples are highly recommended prior to seal deck cracks with Methacrylate throughout the entire deck.

Dist Target
Status PROPOSED EA

WORK RECOMMENDATIONS
EXHIBIT 2
City Council 23 – 65 8/4/2026
California Department of Transportation
Division of Maintenance
Structure Maintenance and Investigations
BRIDGE

INSPECTION

RECORDS

INFORMATION
SYSTEM
The requested documents have been generated by BIRIS.

These documents are the property of the California Department of Transportation and should be handled in accordance with Deputy Directive 55 and the State Administrative Manual.

Records for “Confidential” bridges may only be released outside the Department of Transportation upon execution of a confidentiality agreement.

EXHIBIT 2
City Council 23 – 66 8/4/2026
Printed on: Monday 09/11/2023 06:55 PM Page 1 of 55C0115/AAAM/102827 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 6 Routine-Roadway View (02/13/2019) Routine-Elevation View (02/13/2019) Routine-Underside View (02/26/2015)

PHOTOGRAPH IDENTIFICATION
LOCATION 0.3 MI S/O MEMORY LANE
TEAM LEADER Nelson N. Vo

FACILITY CARRIED BRISTOL ST
No.

REPORT AUTHOR Nelson N. Vo

FEATURE INTERSECTED SANTIAGO CREEK CHANNEL

BRIDGE LOCATION INFORMATION
LATITUDE 33°46'09.87"
Edwin Mah (Registered Civil Engineer)
INSPECTED BY NN.Vo/E.Mah

CULVERT N N/A (NBI)
DECK 5 FAIR
SUBSTRUCTURE 7 GOOD
SUPERSTRUCTURE 7 GOOD SUFFICIENCY RATING 90.1

STRUCTURALLY DEFICIENT (SD) STATUS NOT SD
944
PAINT CONDITION 100

STRUCTURAL HEALTH CONDITION SUMMARY INFORMATION
STRUCTURE EVALUATION 7 ABOVE MIN CRITERIA
LONGITUDE 117°53'04.89"
SCOUR 5 STABLE W/IN FOOTING OR PIL
INVENTORY RTE(ON/UNDER) ON 150000000
POSTMILE 0

ON NATIONAL HIGHWAY SYSTEM ROUTE ON NHS
(9)
(11)
(16)
(17)
(7)
(6)
(5)
(104)
(58)
(59)
(60)
(62)
(67) (113)
Routine Inspection

BRIDGE INSPECTION REPORT
Edwin
Mah
03/31/2025
CIVIL
27141
9/11/2023
Date
Exp.

BRIDGE NO.:
55C0115
STRUCTURE NAME:

SANTIAGO CREEK CHANNEL February 7, 2023
INSPECTION DATE:

DECK AREA (M) 2
EXHIBIT 2
City Council 23 – 67 8/4/2026
Printed on: Monday 09/11/2023 06:55 PM Page 2 of 55C0115/AAAM/102827 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 6 Simply supported 3-span steel girders (7 each at span 2 & and 6 each at spans 1 and 3) with RC pier walls and RC closed end backfilled cantilever abutments, foundation type unknown.

West widening: Simply supported 3-span PC/PS concrete I-girders (5 each) with RC pier walls and with RC closed end backfilled cantilever abutments, all supported upon driven Class 70C piles.

East widening: Simply supported 3-span PC/PS concrete I-girders (3 each) with RC pier walls and with RC closed end backfilled cantilever abutments with monolithic wingwalls, all supported upon driven Class 70C piles. (S) 22.75 feet, 52.10 feet, 22.75 feet (N).

STRUCTURE DESCRIPTION

SPAN CONFIGURATION
(55)ORANGE
12 (69000) SANTA ANA

BORDER BRIDGE STRUCTURE NUMBER

BORDER BRIDGE STATE CODE

COUNTY CODE

HIGHWAY DISTRICT

STATE NAME

PLACE CODE
% SHARE

AGENCY INFORMATION

CONSTRUCTION INFORMATION

YEAR BUILT

YEAR MODIFIED

LENGTH (M)
JOINTS
1947
SKEW
NO. OF HINGES
2003

31.1 5
4 0

MAIN SPANS
APPR SPANS 0
3 LOAD CAPACITY

DESIGN LOAD

INVENTORY RATING

OPERATING RATING

CALC METHOD

CALC METHOD
2 M 13.5 (H 15)
RF= 0.91
RF= 1.18
8 LRFR RATING FACTOR
8 LRFR RATING FACTOR

PERMIT RATING

POSTING LOADS
Legal
Type 3
Type 3S2
Type 3-3
Legal
Legal
PPPPP
MAX SPAN (M) 15.1
Unimpaired 99.99 M

MINIMUM VERTICAL CLEARANCE MINIMUM LATERAL UNDERCLEARANCE STR FLARE 0-NO

NBIS BR LENGTH Y
STRUCTURE TYPE MAIN 3: STEEL
DESIGN TYPE MAIN 02: STRINGER/MULTI-BEAM
STRUCTURE TYPE APPR 0: OTHER/ NOT APPLICABLE
DESIGN TYPE APPR 00: OTHER/NOT APPLICABLE

BRIDGE POSTING

STRUCTURE STATUS
(56) MIN LAT UNDERCLEAR LT 0.0 M
(53) MIN VERT CLEAR OVER BRIDGE RDWY (55) MIN LAT UNDERCLEAR RT REF 0.0 M (54) MIN VERT UNDERCLEAR REF 0.00 M
5 AT/ABOVE LEGAL LOADS

A-OPEN, NO RESTRICTION

N-NOT H/RR

N-NOT H/RR

INSPECTION INFORMATION
CRITICAL FEATURE INSPECTION (93) CFI DATE

NSTM INSP N-NO MO A)

OTHER SPECIAL INSP N-NO MO C)

UNDERWATER INSP N-NO MO B)
INSPECTION DATE 02/23 (91) FREQUENCY 24 MO
MAINTAIN 04 CITY OR MUNICIPAL HI
OWNER 04 CITY OR MUNICIPAL HI
Safe
Loads
N/A
N/A
N/A
Existing
Ordinance/Order
N/A
N/A
Posting
Signs
U.S. Tons
U.S. Tons
U.S. Tons
Speed 45 N/A N/A MPH
Additional Ordinance/Order Requirements
Additional Signs
Load Rating Summary Date
Load Rating Type
09/08/16
CALIFORNIA 069

N/A N/A
N/A
N/A
N/A
N/A
Posting Date N/A
(1)
(2)
(3)
(4)
(21)
(22)
(98)
(99)
(90)
(92)
A)
B)
C)
(27)
(106)
(34)
(49)
(112)
(45)
(46)
(48)
(35)
(43a)
(43b)
(44a)
(44b)
(31)
(66)
(64)
(41)
(65)
(63)
(70)

OPERATIONAL INFORMATION
OVERLAY THICKNESS 0 inches
Load Rating Tool - Date BrR 6.8.0 AASHTO - 09/08/16
Calculated
N/A

STRUCTURE OVERVIEW
NONE
NONE
EXHIBIT 2
City Council 23 – 68 8/4/2026
Printed on: Monday 09/11/2023 06:55 PM Page 3 of 55C0115/AAAM/102827 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 6 UNDERWATER INVESTIGATION DETAILS - NOT APPLICABLE FOR THIS BRIDGE.

STEEL INVESTIGATION DETAILS

SCOPE AND ACCESS
A complete routine inspection was performed by walking on and around the bridge to inspect all visible elements of the bridge structure.

Bridge deck was inspected by walking on shoulder and median area. Soffit and all substructure were inspected by walking underneath the bridge.

There is no need for special equipment to inspect this structure.

The channel is dry.

REVISIONS
The entire quantity of RC abutments ELI 215 is modified from 203.0 to 262.0 feet because the wingwalls are monolithic with the abutments.

DECK AND ROADWAY
AC roadway is at both approach and departure lanes.

Polyester Concrete Overlay was only done on lane 1 of each direction for areas of the original bridge deck and the center median approximately 45.0 feet wide and 100.0 feet long with Methacrylate treatment.

The widening bridge deck has longitudinal and transverse hairline cracks up to 0.05 inches and 1.0 to 3.0 feet long wide throughout the entire bridge deck.

There are transverse cracks up to 0.05 inches wide with heavy white and brown efflorescence inside the original bays 6 to 9 of all spans (see the attached photo no. 9).

Type A pourable seal has been deteriorating and losing all its adhesion.

SUPERSTRUCTURE
Only the bottom and the top flanges of all steel girders were painted in between span 2; and the painting system of superstructure is in fair condition but the webs need to be painted.

About 50.0% of the restrainer cables are rusted.

SUBSTRUCTURE
The northerly abutment has an incipient spall at (12.0 inches L x 5.0 inches W) at the top of bay 3 (counting from east, see the attached photo no. 6).

The northerly abutment has three vertical cracks from 0.05 to 0.07 inches wide and 4.0 to 10.0 feet long (see the attached photo no. 5).

Along all the footing of pier walls are placed and protected with rocks, boulders (riprap).

SAFE LOAD CAPACITY
The load rating for this structure is calculated on 09/08/2016 by SMI Ratings Branch using BrR 6.8.0 AASHTO analysis, and the load rating summary sheet is archived on 09/08/2016.

INSPECTION COMMENTARY
- NOT APPLICABLE FOR THIS BRIDGE.

CONDITION INFORMATION

SPECIAL INSPECTION INFORMATION
EXHIBIT 2
City Council 23 – 69 8/4/2026
Printed on: Monday 09/11/2023 06:55 PM Page 4 of 55C0115/AAAM/102827 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 6 TYPE OF MEMBRANE

TYPE OF DECK PROTECTION

DECK STRUCTURE TYPE

TYPE OF WEARING SURFACE

WEARING SURFACE / PROTECTIVE SYSTEM
AVERAGE DAILY TRAFFIC 55000
YEAR OF ADT 2021
BYPASS, DETOUR LENGTH 2 KM
(109) TRUCK ADT % 1 %
FUTURE ADT 81501
YEAR OF FUTURE ADT 2041
HISTORICAL SIGNIFICANCE 5: NOT ELIGIBLE FOR NRHP
1-CONCRETE
0-NONE
0-NONE
1-CIP CONCRETE

DECK STRUCTURE INFORMATION

30.5 M

25.7 M

DECK AND ROADWAY
LANES 4
45 1-ROUTE ON NHS

PARALLEL STRUCTURE

TEMPORARY STRUCTURE

DEFENSE HIGHWAY

FUNCTIONAL CLASS
SPEED

NATIONAL HIGHWAY SYSTEM
TOLL

DIRECTION OF TRAFFIC

DESIGNATED NATIONAL NETWORK

TYPE OF SERVICE

FEDERAL LANDS HWY
APPR ROADWAY ALIGN 8 EQUAL DESIRABLE CRIT
DECK GEOMETRY 9 ABOVE DESIRABLE CRIT
APPROACH RDWY WIDTH 25.7 M

BRIDGE MEDIAN
CURB OR SIDEWALK LEFT 2.1 M RIGHT 2.1 M

TOTAL WIDTH

NET WIDTH
INVENTORY ROUTE TOTAL HORIZ CLEAR 25.7 M
INVENTORY ROUTE MIN VERT CLEAR 99.99 M
3-ON FREE ROAD
14-OTHER PRIN ART URBAN
0-NOT STRAHNET

N-NONE EXISTS
2-2 WAY
0-NOT APPLICABLE
0-NOT ON NET
0 NO MEDIAN
5-HIGHWAY-PEDESTRIAN

DECK GEOMETRY DECK ROADWAY/OPERATIONAL INFORMATION
(W) 1.00 foot br, 7.00 feet sw, 72.00 feet, 7.00 feet sw, 1.00 foot br (E).

DECK CROSS SECTION
LRS INVENTORY RTE & SUBRTE 000000000000
BASE HIGHWAY NETWORK 1-PART OF NET
OVERLAY THICKNESS (inches) 0 inches
N/A
(51)
(52)
(50)
(32)
(33)
(107)
(108)
A)
B)
C)
(29)
(30)
(19)
(114)
(115)
(37)
(42a)
(12)
(13)
(104)
(26)
(100)
(101)
(102)
(10)
(47)
(68)
(72)
(105)
(110)
(20)
(28a)
(103)
(49) LENGTH 31.1 M
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Qty in each Condition State
12 Deck-RC
Efflorescence/Rust Staining
Cracking (RC and Other)
Concrete Coat.(Meth/Sealer)
2 2
2 2
948
150
75 426
sq.m
each
each
sq.m
723
0 0
426
150
100
50 0
75 50
25 0
0 0
0 0

DECK ELEMENT INSPECTION RATINGS AND NOTES
Defect/
Prot
1120
1130
521
Defect
(12-1120) Efflorescence/Rust Staining
(12-1130) Cracking (RC and Other)
(12-521) Concrete Coat.(Meth/Sealer)
There are transverse hairline cracks up to 0.04 inches wide with light to heavy white; and brown efflorescence inside the original bays #6 to #9 of all spans (see the attached photo no. 9).

The widening deck has random longitudinal and transverse hairline cracks up to 0.06 inches wide throughout the entire bridge deck.

The Asphalt Slurry was placed over an area of the original bridge deck (two lanes #1 of each bound traffic and the center median approximately 45.0 feet wide, 100.0 feet long) with Methacrylate treatment. (58) DECK RATING =5
(36a) Rail Code 1 0 0 0
301 Joint-Pourable Seal
Seal Adhesion (Joints)
Seal Damage (Joints)
2 2
2 86
25 30
m
each
each
31 0
0 25
25 0
30 0
30 0
0 0

JOINT/APPROACH/RAIL ELEMENT INSPECTION RATINGS AND NOTES 2320
2330

RAIL INFORMATION
(36b) Transition (36c) Appr Guardrail (36d) Appr Guardrail End Roadway Speed 45 MPH

JOINT - APPROACH - RAIL
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Defect/ Qty in each Condition State
Prot Defect
EXHIBIT 2
City Council 23 – 70 8/4/2026
Printed on: Monday 09/11/2023 06:55 PM Page 5 of 55C0115/AAAM/102827 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations 6 DESCRIPTION UNDER STRUCTURE

CHANNEL DESCRIPTION
Natural earth trapezoidal with rock slopes through the site.

TYPE OF SERVICE UNDER

UNDERCLEARANCES V - H N NOT APPLICABLE (NBI)
WATER ADEQUACY 9 ABOVE DESIRABLE

VERT-LIFT BRIDGE NAV MIN VERTICAL CLEAR M

NAVIGATION CONTROL
NAVIGATION HORIZONTAL CLEARANCE 0.0 M
NAVIGATION VERTICAL CLEARANCE 0.0 M

PIER PROTECTION
5-WATERWAY N: NOT APPLICABLE
SCOUR 5 STABLE W/IN FOOTING OR PILE

SCOUR POA DATE N/A
CHANNEL PROTECTION 8 PROTECTED
N/A
(42b)
(69)
(71)
(61)
(113)
(38)
(111)
(39)
(116)
(40)
107
109
182
312
Girder/Beam-Steel
Steel Coating-Paint
Girder/Beam-PS Conc.

EQ Restrainer Cable-Other
Corrosion
Bearing-Enclosed
2 2
2 2
2 2
201
150
240
4 2
4 m
sq.m
m
ea.
each
each
201
150
240
3 1
4 0
0 0
1 1
0 0
0 0
0 0
0 0
0 0
0 0
0 SUPERSTRUCTURE ELEMENT INSPECTION RATINGS AND NOTES
515
1000

SUPERSTRUCTURE

SUBSTRUCTURE
(59) SUPERSTRUCTURE RATING = 7
(107) Girder/Beam-Steel
(107-515) Steel Coating-Paint
(109) Girder/Beam-PS Conc.
(182) EQ Restrainer Cable-Other
(182-1000) Corrosion
(312) Bearing-Enclosed
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Defect/ Qty in each Condition State
Prot Defect
There were no significant defects noted.

Only the bottom flange and the top flange of all steel girders were painted in between span #2. The paint system of the girders is in fair condition.

There were no significant defects noted.

Minor corrosion.

About 50.0 percent of the restrainer cables are rusted.

This element is included to indicate the presence of bearings on this structure. The bearings were not exposed for visual inspection.

No indication of bearing distress was noted in any superstructure element. 331 Railing-RC 2 60 m 60 0 0 0

JOINT/APPROACH/RAIL ELEMENT INSPECTION RATINGS AND NOTES

JOINT - APPROACH - RAIL
(301) Joint-Pourable Seal
(301-2320) Seal Adhesion (Joints)
(301-2330) Seal Damage (Joints)
(331) Railing-RC
Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Defect/ Qty in each Condition State
Prot Defect
The pourable joint seals are located only at lane #2 from each direction (widening portion only) and they are deteriorated and cracked throughout.

The pourable joint seals are partially failed and lost adhesion, debris was noticed inside the joint.

The seal of the joints are failed in many locations.

There were no significant defects noted.

EXHIBIT 2
City Council 23 – 71 8/4/2026
Printed on: Monday 09/11/2023 06:55 PM Page 6 of 6 55C0115/AAAM/102827 Department of Transportation - Division of Maintenance Structure Maintenance & Investigations

OTHER WORK RECOMMENDATIONS

JOINT/APPR/RAIL WORK RECOMMENDATIONS

SUPERSTRUCTURE WORK RECOMMENDATIONS - NONE

SUBSTRUCTURE WORK RECOMMENDATIONS - NONE
Work By
Work By
Action
Action
Est Cost
Est Cost
Rec Date
Rec Date

LOCAL AGENCY

LOCAL AGENCY
Appr. Roadway-Repair
Joints-Replace
02/01/2021
02/20/2019
Str Target
Str Target

ROUTINE

ROUTINE
Repave AC roadway at the approach and departure lanes due to settlement behind abutment locations.

Replace all Type A seal at all locations on bridge deck.

Dist Target
Dist Target
EA
EA
Status
Status

PROPOSED

PROPOSED
Work By
Action
Rec Date LOCAL AGENCY Est Cost
Paint Misc. Activity
02/01/2021
Str Target ROUTINE
Full preparation to paint all steel girder webs those have been left out. In addition, remove and clean all rust from the EQ Restrainer Cables before paint them.

Dist Target
Status PROPOSED EA

DECK WORK RECOMMENDATIONS
Work By
Action
Rec Date LOCAL AGENCY Est Cost
Deck-Methacrylate
02/20/2019
Str Target ROUTINE
Seal deck cracks with Methacrylate only widening section on both directions (approximately 70.0% of bridge deck need to be sealed) .

Dist Target
Status PROPOSED EA
210
215
220
226
Pier Wall-RC
Abutment-RC
Delamination/Spall/Patched Area
Cracking (RC and Other)
Pile Cap/Footing-RC
Pile-PS Conc.
2 2
2 2
2 2
62 80
1 2
20 1
m
m
each
each
m
ea.
62 77
0 0
20 1
0 1
0 1
0 0
0 2
1 1
0 0

SUBSTRUCTURE ELEMENT INSPECTION RATINGS AND NOTES
0 0
0 0
0 0
1080
1130

SUBSTRUCTURE
(60) SUBSTRUCTURE RATING = 7

WORK RECOMMENDATIONS
(210) Pier Wall-RC
(215) Abutment-RC
(215-1080) Delamination/Spall/Patched Area
(215-1130) Cracking (RC and Other)
(220) Pile Cap/Footing-RC
(226) Pile-PS Conc.

Elem Element Description
No.

Env Total
Qty
Units
CS 1 CS 2 CS 3 CS 4
Defect/ Qty in each Condition State
Prot Defect
There were no significant defects noted.

Monolithic wingwalls are included in the total quantity. It has a spall, cracks.

The northerly abutment has an incipient spall at (12.0 inches L X 5.0 inches W) at the top of bay #3 (counting from east, see the attached photo no. 6).

The northerly abutment has three vertical cracks from 0.05 to 0.07 inches wide (see the attached photo no. 5).

There were no significant defects noted.

The pile element is included to indicate the presence of piles on this structure. The piles were not exposed for visual inspection. No indication of pile distress was noted in any substructure element.

EXHIBIT 2
City Council 23 – 72 8/4/2026
Printed on: Friday 03/19/2021 08:33 AM