In collaboration with Parks, Recreation, and Community Services Agency (PRCSA) staff, PWA staff evaluated the park’s lighting needs and identified a need to retrofit the lights and add new area and playground lighting. New lighting will extend playtime into the evening hours for community programs and children enjoying the playground, while providing after-hours area lighting that deters illegal activities. Staff proposes installing state-of-the-art, energy-efficient LED light fixtures and poles designed and manufactured by Musco Sports Lighting, LLC, consistent with LED sports lighting equipment recently installed throughout the City’s park system. The proposed lighting system includes a 25-year warranty, thereby reducing long-term maintenance cost.
Musco Sports Lighting, LLC has successfully completed multiple sports lighting projects throughout the City, including Memorial Park, Thornton Park, Dan Young Soccer Complex, George Upton All Access Playground and Basketball Courts, Santa Ana Stadium, Santiago Park, and Centennial Park. For each of these projects, Musco has delivered on schedule, adapted to changing conditions, and provided energy-efficient systems that reduce maintenance needs while minimizing light spill into adjacent neighborhoods. Their responsiveness and collaboration with City staff has resulted in quality improvements that continue to serve the community.
Santa Ana Ordinance No. NS-3041 authorizes the City to utilize contracts from any public agency employing a competitive bid process. Sourcewell Contract No. 041123- MSL with Musco Sports Lighting, LLC was awarded as a result of open, competitive bidding and meets the City’s requirements. Staff recommends awarding an agreement to Musco Sports Lighting, LLC to provide LED sports lighting at El Salvador Park (Exhibit 1).
Project Schedule and Contract Time
The project completion date is June 2027, barring unforeseeable conditions such as rain, natural disasters, or other delays beyond the control of the City and of the Contractor. The contract time for this project, from design to construction completion, is approximately one-year, as specified in the proposal documents. The actual completion date will depend on material procurement timelines and any unforeseen delays. The proposed agreement includes a one-year extension option to provide flexibility should additional time be needed to complete the project due to unforeseen conditions. Based on a typical project timeline, the estimated project completion is provided below.
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Agreement for the El Salvador Park Sports Lighting Project October 6, 2026
Project Milestones
Milestone Estimated Completion
Date
Notes
Administrative Startup October - November
2026
Contract execution, bonds,
insurance, and other
administrative requirements.
Design, Plan Check, and
Permitting
January 2027 Utility verification and field
research to finalize design,
followed by the plan check
and permitting process.
Material Procurement March 2027 Procurement may occur
concurrently with construction
activities.
Contractor Mobilization March 2027 Start of construction activities.
Project Completion June 2027 Based on 108 working days.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 6103 of the CEQA Guidelines for projects consisting of the construction of new sports lighting. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER-2025-97 will be filed for Project 27-2601 (Exhibit 3).
FISCAL IMPACT
With the approval of the requested appropriation adjustment, a portion of the accumulated fund balance will be appropriated for spending in the Residential Development District 1, Improvements Other Than Building expenditure account (31113260-66220). The spendable portion of the fund balance is estimated at $1,379,688 as of June 30, 2026, which is sufficient to allow for the recommended appropriation of $295,238. 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.
Additionally, as part of the City’s Fiscal Year 2025-26 year-end carryforward process, $458,881 from the Cannabis Public Benefit Fund will be brought forward for City Council consideration and approval for carryover into Fiscal Year 2026-27. The spendable portion of the fund balance is estimated at $15,193,275, which is sufficient to support the proposed carryover.
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Agreement for the El Salvador Park Sports Lighting Project October 6, 2026
Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit,
Account Description
Amount
APPROPRIATION ADJUSTMENT
2026-27 31113260-66220
(27-2601)
Acquisition &
Development
District 1
Residential Development
District 1, Improvements
Other Than Building
$295,238
CURRENT BUDGET
2026-27 01213020-66220
(27-2601)
Cannabis
Public Benefit
Fund
PRCSA Youth Services,
Improvements Other
Than Building
$458,881
TOTAL $754,119
EXHIBIT(S)
1. Agreement with Musco Sports Lighting, LLC
2. Capital Improvement Project Worksheet
3. Environmental Determination
Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Approved By: Alvaro Nuñez, City Manager
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1 AGREEMENT WITH MUSCO SPORTS LIGHTING, LLC FOR
LED SPORTS LIGHTING AT EL SALVADOR PARK
THIS AGREEMENT is made and entered into on this 6th day of October, 2026 by and between Musco Sports Lighting, LLC, (“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 to purchase and install LED sports lighting, control and monitoring system at El Salvador Park.
B. Contractor represents that Contractor is able and willing to provide such services to the City.
C. Santa Ana Municipal Code Section 2-807(d) authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Sourcewell, a cooperative government purchasing agency, awarded a contract to Contractor (Contract No. 041123-MSL) as a result of open competitive bidding on behalf of its members, which meets the City’s requirements.
D. The City researched available procurement options and product offerings in the market and determined that Contractor meets the City’s specifications. Contractor has successfully completed multiple sports lighting projects throughout the City.
E. 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 Exhibit A, attached hereto and incorporated by reference.
COMPENSATION
City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $7 . This sum is comprised of (1) the Contractor’s bid amount of $708,883, and (2) project contingency amount of City Council 20 – 5 10/6/2026
2 $ , , to be exercised in the City’s sole discretion.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor’s account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and expire on June 17, 2027, unless terminated earlier in accordance with Section 17, 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 use 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 City Council 20 – 6 10/6/2026
3 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
Insurance requirements are attached hereto as Exhibit C and incorporated by reference.
8. BONDS
Contractor shall furnish two bonds to be approved by the City, one in the amount of One Hundred Percent (100%) of the Compensation listed in Section 2(a), above, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Compensation listed in Section 2(a) to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Agreement shall not become effective until such bonds are supplied to and approved by the City.
9. 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, to the extent caused by the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including City Council 20 – 7 10/6/2026
4 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.
10. 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.
11. 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.
12. 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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5 13. 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.
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.
14. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
15. EXCLUSIVITY AND AMENDMENT
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6 This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
16. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the 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.
18. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
19. JURISDICTION - VENUE
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7 This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:
Musco Sports Lighting, LLC
A party may change its address by giving notice in writing to the other party. Thereafter, City Council 20 – 11 10/6/2026
8 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.
22. 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.
23. COMMUNITY WORKFORCE AGREEMENT
Contractor shall adhere to the City’s Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for Contractor to follow in the crafts persons employed to complete the Project as more fully described in the CWA. The CWA may be found on the City’s website at: CWA City of Santa Ana 12-20- 2023
[Signatures on following page]
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EXHIBIT A
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EXHIBIT B
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2016, 2023 Musco Sports Lighting, LLC M-2168-enUS-14
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Date: July 31, 2026 Project: El Salvador Park, LED Retrofit Santa Ana, CA
To: Jorge Acevedo Musco Project Number: 206627
Sourcewell
Master Project: 199030, Contract Number: 041123-MSL, Expiration: 06/16/2027 Category: Sports lighting with related supplies and services All purchase orders should note the following:
Sourcewell Purchase Contract Number: 041123-MSL
Quotation Price Materials Delivered to Job Site and Installation Musco Materials: $350,000.00
Estimated Taxes (9.25%): $ 32,375.00
Electrical Engineering: $ 18,500.00
Geotechnical Engineering: $ NIC
Installation: $303,258.00
Project Total: $704,133.00
Optional Adders:
#1: Payment/Performance Bond: $4,750.00
Deductive Alternate:
Delete relocation of pole C5, provide retrofit only: $11,500.00 Pricing and lead times are effective for 90 days. Prices are subject to change if the order is not released within 60 days from the date of the purchase.
Light-Structure System with Total Light Control TLC for LED technology Guaranteed Lighting Performance
Guaranteed light levels per Musco design #206627C:
o Softball 1:
o Softball 1
o Playground Area: 5 footcandle average
o 5
o Softball 2 NE Field:
o Softball 2 SE Field: 10 FC (20:1) infield/20 FC (4
o Batting Cages: 30 FC (3:1) on the approximate
o Area Lights provided on poles: A7, B3, B6, C3, C4, and C6 System Description
(76) Factory aimed and assembled luminaries
(67) For the field lighting
(9) for Area Lighting
(2) Pre-cast concrete bases with integrated lightning grounding :
(1) for new pole P1 at the playground
(1) for existing pole C5 to be relocated
galvanized steel pole for the P1 location at the playground Pole length factory assembled wire harnesses
Factory wired and tested remote electrical component enclosures UL listed assemblies
Enhanced corrosion protection
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Environmental Light Control
Spill light minimized at the adjacent residential property lines to 0.02 maximum horizontal footcandles, and 1.0 maximum vertical footcandles
Off-site glare light minimized the adjacent residential property lines to 8500 candela Control Systems and Services
Control-Link® control and monitoring system to provide remote on/off and dimming (high/medium/low) control and performance monitoring with 24/7 customer support
72 Control and Monitoring Cabinet with (14) 30A contactors, (1) 60A Contactor and (4) OOA switches
Operation and Warranty Services
Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your maintenance costs for 25 years
over 170 Team members dedicated to operating and maintaining your lighting system plus a network of 1800+ contractors Musco Scope
Provide design and layout for lighting system, provide sports lighting materials Installation Services Provided, please see the following scope of work Payment Terms
Final payment terms are subject to approval by Musco credit department. Final payment shall not be withheld by Buyer on account of delays beyond the control of Musco.
Email or fax a copy of the Purchase Order to Musco Sports Lighting, LLC:
Musco Sports Lighting, LLC
Attn: Musco Contracts
Fax: 800-734-6402
Email: [email protected]
All Purchase orders should note the following: Sourcewell Purchase Contract Number: 041123-MSL Delivery Timing
8 - 12 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order details including voltage, phase, and pole/luminaire locations.
Notes
Quote is based on following conditions:
Shipment of entire project together to one location.
480 Volt, 3 phase electrical system requirement.
Structural code and wind speed = 2022 CBC, 95 mi/h, Exposure C.
Pole or luminaire locations need to be confirmed prior to production.
Installation pricing is based on standard soil conditions rock, bottomless, wet, or unsuitable soil may require additional engineering, special installation methods and additional cost. Once under contract, a geotechnical report will be provided, if soils condition reflected in the geotechnical report dictate a different foundation design/non-standard foundations, a change order will be required for the cost difference between standard foundation pricing and foundation design per site specific geotechnical report.
Thank you for considering Musco for your lighting needs. Please contact me with any questions.
Mike Marchetti
Musco Sports Lighting, LLC
Phone: 949-754-0503 x6111
E-mail: [email protected]
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El Salvador Park LED Retrofit
Santa Ana, CA
Turnkey Scope of Work
Customer Responsibilities:
1. Complete access to the site for construction utilizing standard 2-wheel drive rubber tire equipment.
2. Locate existing underground utilities not covered by your local utilities. (i.e. water lines, electrical lines, irrigation systems, and sprinkler heads). Musco or Subcontractor will not be responsible for repairs to unmarked utilities.
3. Shut-off irrigation system at park at least one week prior to start of construction. Irrigation systems to remain off during construction timeframe.
4. Closer playing fields to activities from 6AM 5PM, Monday-Friday, during project.
5. Pay for extra costs associated with foundation design that differs from the preliminary foundation design provided with this proposal once the geotechnical report has been provided; as well as excavation in non-standard soils (rock, caliche, high water table, collapsing holes, etc.) or soils not defined in geotechnical report.
6. Submittal of plans to the City Building Department for plan check, and pull permits once plans are approved. City of Santa Ana to pay all plan check and permit fees, and any fees associated with special inspections.
7. Provide laydown area on site for dumpsters, equipment containers, etc.
8. Provide coordination with cellular service provider to have the cell pole shut down during installation work on this pole.
Musco Responsibilities:
1. Provide required foundations, poles, electrical enclosures, luminaires, wire harnesses, and control cabinets.
2. Provide layout of pole locations and aiming diagram.
3. Provide Project Management as required.
4. Provide stamped structural calculations and foundation designs based on Class 5 soils as defined by the CBC.
Includes field observation during hole auguring for foundations. Any other special inspections required are provided by the City.
5. Submit electrical and structural plans to the City Building Department for approval. City to pay cost of plan-check.
6. Assist our installing subcontractor and ensure our responsibilities are satisfied.
Subcontractor Responsibilities
General:
1. Provide sealed Electrical Plans to include stamped foundation design and structural calculations. a. Please Note: Geotechnical Services/Soils Report is not included in this proposal; foundation design will be based on Class 5 soils as defined by the CBC.
2. Obtain required construction permits, City to pay cost of permits.
3. Contact 811 for locating underground public utilities and then confirm they have been clearly marked.
4. Contact the facility owner/manager to confirm the existing private underground utilities and irrigation systems have been located and are clearly marked to avoid damage from construction equipment. Notify owner and repair damage to marked utilities. Notify owner and Musco regarding damage which occurred to unmarked utilities.
5. Provide labor, equipment, and materials to off load equipment at jobsite per scheduled delivery.
6. Provide storage containers for material, (including electrical components enclosures), as needed.
7. Provide necessary waste disposal and daily cleanup.
8. Provide adequate security to protect the jobsite, and Musco delivered products from theft, vandalism, or damage during the installation.
9. Keep all heavy equipment off playing fields when possible, provide ground protection as needed to minimize damage to existing grounds. Repair damage to grounds which exceeds that which would be expected.
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Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage.
Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair.
10. Provide startup and aiming as required to provide complete and operating sports lighting system.
11. Installation to commence upon delivery and proceed without interruption until complete. Notify Musco immediately of any breaks in schedule or delays.
12. Ground restoration over trenches to match adjacent landscape/turf.
Foundations, Poles, and Luminaires:
1. Mark and confirm pole locations per the aiming diagram provided. If there are any issues, immediately notify your Musco Project Manager.
2. Provide labor, materials, and equipment to install (2) LSS foundations as specified on Layout and per the stamped foundation drawings (new pole P1, and relocated pole C5)
3. Remove spoils from site and deposit at City yard.
4. Provide labor, materials, and equipment to assemble (67) Musco TLC-LED luminaires for the field lighting, electrical component enclosures, poles, and pole harnesses.
5. Provide labor, materials, and equipment to assemble (9) TLC-LED 550 area-light luminaires.
6. Provide labor, equipment, and materials to erect (1) dressed/New LSS Pole (Pole P1) and aim utilizing the pole alignment beam; and relocated pole C5
7. Provide labor, equipment, and materials to retrofit (13) dressed/New LSS Poles and aim utilizing the pole alignment beam.
Electrical:
1. Provide labor, materials, and equipment to reuse existing switchboard/electrical panels/conductors to each pole.
2. Provide labor, materials, and equipment to pull new conductors/circuit through existing conduit to area light poles A7, B3, B6, C3, C4, and C6 (reuse existing conductors feeding existing sports lighting fixtures).
3. Provide new underground conduit/conductors from panel/Control-Link to new pole P1 at the Playground
4. Provide as-built drawings on completion of installation.
Control System:
1. Provide labor, materials, and equipment to form and pour new concrete pad for new NEMA 3R Outdoor switchgear enclosure to house the (2) Control-Link Cabinets; extend conductors as needed/connect to existing circuits.
2. Provide labor, equipment, and materials to install Musco control and monitoring cabinet(s) and terminate all necessary wiring.
3. Provide a dedicated 120 V 20 A controls circuit or a step-down transformer for 120 V control circuit if not available.
4. Check all zones to make sure they work in both auto and manual mode.
5. Commission Control-Link® by contacting Control-Link Central at 877-347-3319.
City Council 20 – 36 10/6/2026
2016, 2023 Musco Sports Lighting, LLC M-2168-enUS-14
5 of 6
CODE OF CONDUCT
In order to maintain a high-quality jobsite and installation, Subcontractor represents to Musco that it has the supervision necessary to, and shall train, manage, supervise, monitor, and inspect the activities of its employees for the purpose of enforcing compliance with these safety requirements. Subcontractor acknowledges that Musco does not undertake any purpose of enforcing compliance with these safety requirements, but Subcontractor agrees to abide by any reasonable recommendations made by Musco or Musco representatives with respect to safety.
Subcontractor agrees that it is or will be familiar with and shall abide by the safety rules and regulations of Musco and the Owner, including, but not limited to the Occupational Safety and Health Act of 1970 (OSHA), all rules and regulations established pursuant thereto, and all amendments and supplements thereto.
Subcontractor further agrees to require all its employees, subcontractors, and suppliers to comply with these requirements.
Subcontractor shall also observe and comply with all laws with respect to environmental protection applicable to the Project.
Subcontractor shall require all its subcontractors, employees, visitors, suppliers, and agents under its direction to comply with the following:
1. GENERAL JOBSITE SAFETY AND CLEANLINESS.
a.
including, but not limited to, safety glasses with side shields, work shoes, fall protection devices, and hard hats. b. Where a walking or working surface has an unprotected side or edge which is six feet or more above a lower level, Subcontractor shall use guardrail systems, safety net systems, or personal fall arrest systems. c. Jobsite shall be kept free of debris including, but not limited to, cardboard and packing materials which can become windborne.
d. Construction equipment shall be parked during non-use in an orderly fashion so as not to create inconvenience to others using the jobsite.
e. Subcontractor
generally recognized industry applicable standards.
f.
designated medical doctor, hospital, insurance company, and any other health service providers, such list to be updated within 24 hours of any change in the information provided. g. Within eight (8) hours from the time of an accident (or such shorter period as laws may require), Subcontractor shall advise Musco of any accident resulting in injury to any person or damage to any equipment or facility. Upon request, Subcontractor shall promptly furnish Musco with a written report of any such accident as well as a copy of h. Subcontractor shall maintain and inspect all construction equipment, including cranes and other lifting equipment, prior to each use. Subcontractor warrants that all equipment operators shall be qualified for each piece of construction equipment they intend to operate. Documentation of specific training is the responsibility of the Subcontractor.
i. Jobsite shall be policed daily for compliance to the above conditions. j.
being under the influence of alcohol or drugs while performing work on the Project. Anyone observed participating in or observed under the influence will be removed from the Project immediately and prohibited from returning, with no exceptions.
City Council 20 – 37 10/6/2026
2016, 2023 Musco Sports Lighting, LLC M-2168-enUS-14
6 of 6
2. CONFORMANCE TO STANDARD MUSCO INSTALLATION GUIDELINES. a. Review and understand installation instructions are provided with every product installation. b. Education of installation personnel to allow for highest efficiency and lowest possibility of failure. c. Verify that components have been assembled per Musco installation instructions. d. Verify plumb of concrete foundations prior to standing of poles.
3. PROVIDING A QUALITY INSTALLATION TEAM.
a.
b. Provide and maintain quality installation equipment. Records of maintenance and/or calibration shall be provided upon request.
c. Personnel shall be knowledgeable in operation of equipment as well as installation of Musco product. d. All personnel provided by Subcontractor shall understand the relationship developed by and between Subcontractor and Musco, also by and between Musco and the customer, and act accordingly.
City Council 20 – 38 10/6/2026
EXHIBIT C
City Council 20 – 39 10/6/2026
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 $3,000,000 per occurrence and $6,000,000 aggregate.
Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $2,000,000. 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 $2,000,000. 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.
Professional Liability (PL): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City.
3. All required insurance policies: For any claims related to this contract, Contractor’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to City Council 20 – 40 10/6/2026
each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Erendida Reyes, 220 S. Daisy, Bld. A, M-92, Santa Ana, CA 92703.
The name and location of the project or 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 the 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 Council 20 – 41 10/6/2026
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 – 42 10/6/2026
CITY OF SANTA ANA FY 26/27CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:
Install LED lighting at El Salvador Park (Fields and Playground) PROJECT NEED:
The installation of LED lighting will significantly improve visibility for players, coaches, and spectators during evening use, allowing the fields to support extended hours of operation and more programming.
The lighting will illuminate a previously dark section of the park and playground.
PROJECT TITLE:
El Salvador Park Sports Lighting
Project
PROJECT CATEGORY:
City & Park Facility Improvements
Park Facility
LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:
Public Works Parks, Fleet & Facilities Mike Ortiz, Deputy PW Director / Parks, Fleet, and Facilities
22-Sep-2026
PROJECT COSTS
Total
Project
Cost FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FY 32/33 Construction - 708,883 - - - - - -
Contingency - 45,236 - - - - - -
TOTAL - 754,119 - - - - - -
SOURCE OF FUNDS
Total
Project
Cost FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FY 32/33 A & D District 1 - 295,238 - - - - - -
Cannabis - 458,881 - - - - - -
TOTAL - 754,119 - - - - - -
Exhibit 2
City Council 20 – 43 10/6/2026
MAYOR
Valerie Amezcua
MAYOR PRO TEM
David Penaloza
COUNCIL MEMBERS
Thal Viet Phan
Benjamin Vazquez
Jessie Lopez
Phil Bacerra
Johnathan Ryan Hernandez CITY OF SANTA ANA
PUBLIC WORKS AGENCY
20 Civic Center Plaza M-11
P.O. Box 1988
Santa Ana, CA 92702
CITY MANAGER
Alvaro Nuñez
CITY ATTORNEY
Sonia R. Carvalho
CLERK OF THE COUNCIL
Jennifer L. Hall
(714) 647-5690 l Fax (714) 647-5823
https://www.santa-ana.org/
NOTICE OF EXEMPTION
From the Requirements of the California Environmental Quality Act(CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTY CLERK
County of Orange
P.O. Box 238
Santa Ana, CA 92702
From: City of Santa Ana
Public Works Agency
20 Civic Center Plaza M-11
Santa Ana, CA 92702
Project Title: El Salvador Park Lighting Project
Project Number(s): 27-2601
Project Location: 1825 W Civic Center Drive Santa Ana CA 92703 City: Santa Ana County: Orange ER Number: ER-2026-061 Date of Approval:
Project Description: LED Sport Lighting
Applicant Name: City of Santa Ana Public Works Agency .
Applicant Address: 20 Civic Center Plaza
SANTA ANA, CA 92701
Name of Public Agency Approving Project: City Council
Name of Agency Carrying Out Project: Public Works Agency Exempt Status: Categorical Exemption 15301(b)
Reason(s) Why Project is Exempt From CEQA:
15301 (b) consists of repair/maintenance of existing public facilities.
City Contact: Eduardo Linares Title: PWA Project Specialist Telephone: (714) 647-3523 Signature: _____________________________ Date: ___________________ City of Santa Ana City Council
Valerie Amezcua
Mayor
[email protected]
David Penaloza
Mayor Pro Tem, Ward 6
[email protected]
Thal Viet Phan
Ward 1
[email protected]
Benjamin Vazquez
Ward 2
[email protected]
Jessie Lopez
Ward 3
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
Exhibit 3
City Council 20 – 44 10/6/2026
Public Works Agency
www.santa-ana.gov/pw
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 6, 2026
TOPIC: Approve Amendment to Agreements for First Street Multimodal Boulevard Study
AGENDA TITLE
Amendment to Cooperative Agreement (No. C-4-2053) with Orange County Transportation Authority and First Amendment to the Agreement with HDR Engineering, Inc. for the First Street Multimodal Boulevard Study (Project No. 25-6042) (Non-General Fund)
RECOMMENDED ACTION
1. Approve an appropriation adjustment recognizing Regional Early Action Planning 2.0 grant funding in the amount $343,896 into the Public Services-Street Safety Projects, State Grant-Indirect revenue account and appropriate the same amount into the State Safety Projects, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes)
2. Authorize the City Manager to execute a First Amendment to the Cooperative Agreement (No. C-4-2053) with Orange County Transportation Authority that increases the amount by $382,896, for a total of $4,682,896 in Regional Early Action Planning 2.0 grant funding for the First Street Multimodal Boulevard Study for the remaining term expiring December 30, 2026 (Agreement No. A-2026-XXX).
3. Authorize the City Manager to execute a First Amendment to the agreement with HDR Engineering, Inc. and increase the total compensation by $600,489 to provide additional technical studies, right-of-way engineering, and utility coordination for the First Street Multimodal Boulevard Study for a total amount not-to-exceed of $4,470,489, for the remaining term expiring May 20, 2027, and extension options (Agreement A-2026-XXX).
4. Approve an amendment to the Fiscal Year 2026-27 Capital Improvement Program to include $343,896 in study and design funds for the First Street Multimodal Boulevard Study (Project No. 25-6042).
GOVERNMENT CODE §84308 APPLIES: Yes
City Council 21 – 1 10/6/2026
Approve Amendment to Agreements for First Street Multimodal Boulevard Study October 6, 2026
DISCUSSION
The Public Works Agency administers and oversees all capital improvement projects in the City. The First Street Multimodal Boulevard Study is one of the City's priority transportation capital improvement projects and will improve approximately 3.1 miles of First Street into a more accessible multimodal corridor serving pedestrians, bicyclists, transit riders, motorists, and businesses. The project advances the City's Vision Zero Action Plan, Complete Streets Policy, General Plan Mobility Element, and other local and regional transportation initiatives.
On February 18, 2025, the City was awarded a $4,300,000 grant from Orange County Transportation Authority (OCTA) through the Southern California Association of Governments’ (SCAG) Regional Early Action Planning (REAP 2.0) grant program. The grant will fund a comprehensive study of First Street from Bristol Street to Tustin Avenue and prepare design plans and specifications for the construction of the recommended improvements. On May 20, 2025, HDR Engineering, Inc. (HDR) was awarded an agreement (Exhibit 1) to provide engineering and transportation planning services for the project in a total amount not-to-exceed of $3,870,000 for a term beginning May 21, 2025, and expiring May 20, 2027, with provisions for two, one-year extensions.
The City has since been awarded an additional $382,896 in REAP 2.0 grant funding (Exhibit 2), increasing the total grant award from $4,300,000 to $4,682,896. The additional funding will support expanded engineering and technical services necessary to advance the First Street Multimodal Boulevard Study through final design.
HDR has successfully completed planning, community engagement, alternatives analysis, and preliminary engineering and on May 5, 2026, the City Council unanimously selected a preferred design alternative. Selection of the preferred design alternative allowed staff and HDR to proceed with preparing the final design plans, specifications, and engineering estimates (PS&E). The project is scoped and funded for 100 percent (100%) PS&E through the Southern California Association of Governments’ (SCAG) Regional Early Action Planning (REAP 2.0) grant program.
The project is currently at the 60 percent (60%) design phase, where engineering plans have been sufficiently developed to evaluate constructability, utility conflicts, drainage infrastructure, pavement rehabilitation needs, and regulatory requirements.
As the project advanced to the 60 percent (60%) design milestone, engineering coordination and design development showed that additional technical studies, right-ofway engineering, utility coordination, and utility potholes were necessary to satisfy City engineering standards, Orange County regulatory requirements, and accepted engineering design practices for the City Council selected design alternative. While the original agreement contemplated preparation of preliminary engineering and design, the need for these additional specialized studies and coordination could not be fully City Council 21 – 2 10/6/2026
Approve Amendment to Agreements for First Street Multimodal Boulevard Study October 6, 2026
identified until the preferred roadway configuration and associated improvements were sufficiently developed. Completion of these studies and utility coordination is necessary to advance the project through the 90 percent (90%) and ultimately the 100 percent (100%) PS&E milestones and prepare the project for future construction funding.
The additional work includes preparing a Drainage Report, Geotechnical Pavement Design Memorandum, Water Quality Management Plan (WQMP), Right-of-Way Engineering, Utility Coordination, additional Storm Drain Design, and Utility Potholing and will be fully funded by the SCAG grant.
Drainage Report: The proposed project modifies roadway geometry, curb alignments, landscaped parkways, raised medians, bicycle facilities, and portions of the existing storm drain system throughout the corridor. Accordingly, a comprehensive drainage analysis is required to verify that the proposed improvements adequately convey stormwater and comply with City and Orange County drainage design standards.
HDR will prepare a Drainage Report that documents the engineering basis for the proposed drainage design through the 60 percent (60%), 90 percent (90%), and 100 percent (100%) design phases. The work includes reviewing existing drainage records, conducting hydrologic and hydraulic analyses, mapping drainage areas, performing roadway spread calculations, evaluating the hydraulic capacity of the existing and proposed storm drain systems, and preparing design recommendations for the proposed drainage improvements. The completed report will serve as the basis for the project's final storm drain design and construction documents.
Geotechnical Pavement Design Memorandum: The proposed improvements include roadway reconstruction, widened sidewalks, median modifications, utility improvements, traffic signal foundations, and storm drain construction. These improvements require a detailed geotechnical investigation to establish appropriate pavement structural sections and foundation recommendations.
The scope of work includes subsurface exploration, including soil borings throughout the corridor, laboratory testing of soil samples, geotechnical analyses, and preparation of a Geotechnical Pavement Design Memorandum. The memorandum will provide pavement design recommendations, traffic signal foundation recommendations, and engineering parameters necessary for final roadway design. These recommendations will be incorporated into the final PS&E package to ensure long-term pavement performance and reduce future maintenance needs.
Water Quality Management Plan: Because the project qualifies as a priority project under the North Orange County Technical Guidance Document, a WQMP is required to comply with post-construction stormwater quality requirements.
HDR will prepare the WQMP in accordance with the City's Municipal Separate Storm City Council 21 – 3 10/6/2026
Approve Amendment to Agreements for First Street Multimodal Boulevard Study October 6, 2026
Sewer System (MS4) permit requirements and the North Orange County Technical Guidance Document. The work includes stormwater treatment calculations, sizing and placement of permanent treatment Best Management Practices (BMPs), incorporation of proprietary treatment systems into the roadway and drainage plans, preparation of technical specifications and cost estimates, refinement of BMP layouts through the 90 percent (90%) and 100 percent (100%) design phases, and completion of the required Orange County recordation process following approval. Completion of the WQMP is necessary to obtain regulatory approvals and complete the project's final design.
Right-of-Way (ROW) Engineering: HDR will order 15 title reports to support new roadway easements, five (5) additional title reports to support intersection curb returns where the documented ROW does not match existing improvements, perform ROW engineering to verify existing parcel boundaries for affected parcels, prepare Plats and Legal descriptions to support 15 new parcel takes, and address comments.
Utility Coordination: HDR will begin utility coordination with Southern California Edison (SCE). The coordination effort will include the preparation of utility impact exhibits specific to SCE facilities in order to facilitate relocation coordination with SCE and other utility owners.
Additional Storm Drain Design: Two (2) additional drainage systems are required by PWA for inclusion into the design package. These two systems will replace deficient systems located at the Main Street and Broadway Street intersections. The HDR design team will prepare new plans and profile design plans for these two drainage systems and include the plans in their 90% and 100% design submittals. This task will include plans, specifications, and cost estimates for the added drainage items and will be incorporated into the drainage report with supporting hydraulic calculations.
Utility Potholes: The HDR team will complete 35 utility potholes to locate existing utilities at critical points along the corridor including proposed utility crossing and traffic signal locations. The utility pothole information will be supplied to the PWA in the form of a field report and the pothole data will be added to the First Street utility plans.
Staff recommends the approval of the proposed Amendment to the Cooperative Agreement with OCTA that increases the amount by $382,896, for a total of $4,682,896.
The Cooperative Agreement identifies the roles and responsibilities of each agency, including provisions from SCAG to ensure compliance with REAP 2.0 grant funding guidelines and identify OCTA’s responsibilities for reimbursement and reporting to SCAG.
The proposed First Amendment increases the original Agreement with HDR Engineering, Inc. by $600,489 to complete these additional engineering services for the remaining term expiring May 20, 2027. The original agreement with HDR totaled $3,870,000. The First Amendment would increase the total compensation to City Council 21 – 4 10/6/2026
Approve Amendment to Agreements for First Street Multimodal Boulevard Study October 6, 2026
$4,470,489, which is fully covered through the grant award of $4,682,896.
Staff recommends approval of the First Amendment to Agreement A-2025-073 (Exhibit 3) with HDR Engineering, Inc. to modify the scope of services to complete the First Street Multimodal Study. Using HDR to perform these services provides continuity with the existing design team, avoids duplicating engineering efforts, minimizes project schedule impacts, and allows the City to efficiently advance the project from the current 60 percent design (60%) milestone to 100 percent (100%) PS&E.
Completion of these technical studies, ROW engineering, and utility coordination is essential to finalizing the construction documents, obtaining necessary regulatory approvals, and positioning the City to pursue future state and federal construction grant opportunities.
The additional work identified in the First Amendment, funded entirely through available REAP 2.0 grant funds, allows the City to complete the engineering necessary to deliver the project while maximizing the use of external funding and requiring no General Fund contribution.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
With the approval of the requested appropriation adjustment, $343,896 in REAP 2.0 grant funds will be recognized in the Public Services-Street Safety Projects, State Grant-Indirect revenue account (No. 14717002-52027) and appropriate it for spending in the Regional Early Action Planning Grant, Improvements Other Than Building expenditure account (No. 14717613-66220).
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.
Fiscal
Year
Accounting UnitAccount No.Fund
Description
Accounting Unit,
Account
Description
Amount
Current Budget
2026-27 14717613-66220
(25-6042)
Street Safety
Programs
Regional Early
Action Planning
Grant,
Improvements
$217,593
City Council 21 – 5 10/6/2026
Approve Amendment to Agreements for First Street Multimodal Boulevard Study October 6, 2026
EXHIBIT(S)
1. Original Agreement with HDR Engineering, Inc. (A-2025-073)
2. First Amendment to Cooperative Agreement (No. C-4-2053) with Orange County Transportation Authority
3. First Amendment to Agreement with HDR Engineering, Inc.
4. Capital Improvement Project Worksheet
Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Approved By: Alvaro Nuñez, City Manager
Fiscal
Year
Accounting UnitAccount No.Fund
Description
Accounting Unit,
Account
Description
Amount
Current Budget
Other Than
Buildings
Reallocation
2026-27
14717613-66220
(From 25-6031 to
25-6042)
Street Safety
Programs
Regional Early
Action Planning
Grant,
Improvements
Other Than
Buildings
$39,000
Appropriation Adjustment
2026-27 14717613-66220
(25-6042)
Street Safety
Programs
Regional Early
Action Planning
Grant,
Improvements
Other Than
Buildings
$343,896
Total $600,489
City Council 21 – 6 10/6/2026
A-2025- 073
INSURANCE ON h E
WORK MAY PROCEED
UNTIL INSURANCE E PIkt3
CIT)' CLERK
DATE: CONSULTANT AGREEMENT
J U N 12 2025 CITY OF SANTA ANA
Q % [ 2) THIS AGREEMENT is made and entered into on this 20th day of May, 2025 by and between HDR Engineering, Inc., (" Consultant"), and the City of Santa Ana, a charter city and municipal t lU corporation organized and existing under the Constitution and laws of the State of California City„).
RECITALS
A. On February 25, 2025, the City issued Request for Proposals (" RFP") No. 25- 029, by which it sought a Consultant to perform traffic engineering and transportation planning services for the First Street Multimodal Boulevard Study.
B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 25- 029.
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 ofthe 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 in the scope of work that was included in RFP 25- 029, which is attached as Exhibit A and incorporated in full.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B, attached hereto. The total amount to be expended during the term ofthis Agreement shall not exceed Three Million, Eight Hundred Seventy Thousand Dollars ($3, 870,000), including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House( ACH) transfers. Consultant agrees to execute the City' s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant' s account(s) with financial institutions.
Exhibit 1
City Council 21 – 7 10/6/2026
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a two ( 2) year term with the option for the City to grant up to two, one 1 - ear 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 ofthe City. This Agreement is not intended not shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer' s social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (" Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City' s sole risk.
G. INSURANCE
Consultant 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 Consultant, its agents, representatives, employees and subcontractors.
City Council 21 – 8 10/6/2026
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Norm 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$ 5, 000,000 per occurrence and S10, 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$ 5, 000,000.
3. 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 for bodily injury or disease.
4. Builder' s Risk ( Course of Construction)(BR): Utilizing an " All Risk" ( Special Perils) coverage form, with limits equal to the completed value of the project and no co- insurance penalty provisions.
5. Professional Liability (PL): With limits no less than $3, 000,000 per occurrence or claim, and 4,000,000 policy aggregate,
G. Pollution Legal Liability and/or Errors and Omissions ( PLL): With limits no less than 1, 000,000 per occurrence or claim, and$ 2,000,000 policy 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 the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City shall be entitled to the broader coverage and/ or higher limits maintained by the Consultant. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with the City's rights under this contract.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option. of City, Consultant shall cause its insurer(s) to reduce or eliminate such self-insured retentions as respects City; or Consultant shall provide a financial guarantee satisfactory to City guaranteeing payment of loss and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Consultant' s CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Consultant 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 Consultant. Additional insured status can be provided in the form of an endorsement to Consultant' s insurance.
2. For any claims related to this project, Consultant' s insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees,
City Council 21 – 9 10/6/2026
i
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 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.
4. Consultant hereby grants to City a waiver of subrogation which any insurer of said Consultant 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. Consultant agrees to obtain any endorsement( s) that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s).
5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended, voided, reduced in scope or in limits, non- renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten ( 10) days prior written notice of policy cancellation or non-renewal due to non- payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Zdenek .Kekula, 20 Civic Center Plaza, M-43, Santa Ana, CA 92701. The name and location ofproject must be indicated in the Description of Operations section of each certificate.
Builder' s Risk( Course of Construction) Insurance
Consultant may submit evidence of Builder' s Risk insurance in the form of Course of Construction coverage. Such coverage shall name City of Santa Ana as a loss payee as its interest may appear.
If the project does not involve new or major reconstruction, at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at City' s site.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract.
2, Insurance must be maintained and evidence of insurance must be provided for at least five ( 5) years after completion of work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy
City Council 21 – 10 10/6/2026
form with a retroactive date prior to the contract effective, or start of work date, Consultant 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 ofno less than A:VII, unless otherwise acceptable to CITY.
Waiver of Subrogation
Consultant hereby agrees to waive rights of subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss. Consultant 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 Consultant, its employees, agents and sub- contractors.
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). 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 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.
Sub-Contractors
Consultant shall require and verify that all sub- contractors maintain insurance meeting all requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub- contractors. For CGL coverage, sub- contractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Surety Bonds
Consultant shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. Ifthe Performance Bond provides for a one- year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Failure to Maintain Insurance Coverage
City Council 21 – 11 10/6/2026
If Consultant, 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 Consultant resulting from said breach.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 ofthis 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 ofthe City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant' s services are subject to Civil Code Section 2782. 8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782. 8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three ( 3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
City Council 21 – 12 10/6/2026
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 ofnon-use and nondisclosure shall not apply to any information that( a) has been disclosed in publicly available sources; ( b) is, through no fault of the Consultant disclosed in a publicly available source; ( c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or( e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because ofrace, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms ofthis Agreement and any attachments hereto, the terms ofthis Agreement shall prevail, This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
City Council 21 – 13 10/6/2026
party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City' s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other 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 ofthis Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION- VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
City Council 21 – 14 10/6/2026
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City CIerIc
City of Santa Ana
20 Civic Center Plaza( M-30)
P. O. Box 1988
Santa Ana, CA 92702- 1988
Fax: 714- 647- 6956
With courtesy copies to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza( M-21)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
Thomas T. Kim
Senior Vice President
HDR Engineering, Inc.
3220 El Camino Real, Suite 200
Irvine, CA, 92602
Fax: 949- 403- 8234
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.
City Council 21 – 15 10/6/2026
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 iffilly set forth in the body of this Agreement.
City Council 21 – 16 10/6/2026
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF S TA ANA
CL/ l/
ennifer . Ha A varo Nunez
C' er City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Kyle ellesen Thomas T. Kim
Assistant City Attorney Senior Vice President
RECOMMENDED FOR APPROVAL:
Digitally signed by
Nabil Saba Dabil2ate: 2025025. 05.05
15: 01: 30- 07' 00'
Nabil Saba
Executive Director
Public Works Agency
Page I of 11
City Council 21 – 17 10/6/2026
1
a` oxo® CERTIFICATE OF LIABILITY INSURANCE
DATE
o6/ 02/ z 2ozs2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT yTfW Certificate Center
Willis Towers Watson Midwest, Inc.
NAME:
PHONE 1- 877- 945- 7378 FAX
1- 888- 467- 2378 c/ o 26 Century Blvd AIC No):
P. O. Box 305191
E- MAIL
ADDRESS: certificates@wtwco. com
Nashville, TN 372305191 USA
INSURERS AFFORDING COVERAGE NAIC#
INSURER A: Liberty Mutual Fire insurance Company 23035
INSURED
INSURERS: Ohio Casualty Insurance Company 24074
HDR Engineering, Inc.
1917 South 67th Street INSURER C: Liberty Insurance Corporation 42404 Omaha, NE 68106 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: W39241779 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD wvn
SUBR
POLICY NUMBER MMLDD/ YYY MMIDDNYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 2, 000, 000
DAMAGE TO RENTED
CLAIMS-MADE
i
OCCUR PREMISES Ea occurrence $ 1, 000, 000
A X Contractual Liability MED EXP( Any one person) $ 10, 000 y Y TB2- 641- 444950- 035 06/ 01/ 2025 06/ 01/ 2026 PERSONAL& ADVINJURY g 2, 000, 000 GEN' L AGGREGATE LIMIT APPLIES PER* GENERAL AGGREGATE g 4, 000, 000
POLICY[ X] PRO [
JECT X] LOG PRODUCTS- COMP/OP AGG S 4, 000, 000
OTHER: S
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident S 2, 000, 000
X
ANY AUTO BODILY INJURY( Per person) $
er accident
A OWNED SCHEDULED Y Y
AS2- 641- 44495D- 045 06/ 01/ 2025 06/ 01/ 2026 BODILY INJURY P AUTOS ONLY AUTOS
HIRED NON- OWNED PROPERTYDAMAGE
AUTOS ONLY AUTOS ONLY Per accident
UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 5, 000, 000 B
X EXCESS LIAB CLAIMS- MADE Y y EUO( 26) 57919363 06/ 01/ 2025 06/ 01/ 2026 AGGREGATE g 5, 000, 000
DED X I RETENTION$ 0
S
WORKERS COMPENSATION XPER OTHANDEMPLOYERS' LIABILITY Y/ N
STATLITEER
C ANYPROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT S 1, 000, 000
OFFICEPJMEMBEREXCLUDED? No N/ A Y WA7- 64D- 444950- 015 06/ 01/ 2025 06/ 01J2026 Mandatory in NH) E. L. DISEASE- EA EMPLOYEE S
1, 000, 000
If yes, describe under
DESCRIPTION OF OPERATIONS below 1, 000, 000 E. L. DISEASE- POLICY LIMIT S DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES( ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Certificate Holder is named as Additional Insured on General Liability, Automobile Liability and Umbrella/ Excess Liability on a Primary, Non- contributory basis where required by written contract. Waiver of Subrogation applies on General Liability, Automobile Liability, Umbrella/ Excess Liability and Workers Compensation where required by written contract and as permitted by law. Umbrella/ Excess policy is follow form over General Liability, Auto Liability and Employers Liability. TU Trdn Digitally signed by Tu Tran Nguyen Nguyen Date:7472OT003
CERTIFICATE HOLDER APPROVED CANCELLATION
By Tu Tran! Nguyen at f 2: 07 pm, Jun 03, 20,25
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
City of Santa Ana
20 Civic Center Plaza ( M- 30)
AUTHORIZED REPRESENTATIVE
P. O. Box 1988
Santa Ana, CA 92702- 1988
1988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25( 2016103) The ACORD name and logo are registered marks of ACORD SR ID: 27854621 BATCH: 3985024
City Council 21 – 18 10/6/2026
AGENCY CUSTOMER ID:
LOC#:
ACR" ADDITIONAL REMARKS SCHEDULE Page 2 Of 2
AGENCY NAMED INSURED
Willis Towers Watson Midwest, Inc. HDR Engineering, Inc. 19] 7 South 67th Street
POLICY NUMBER Omaha, NE 68106
See Page 1
CARRIER FNA.IC CODE
See Page 1
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Project: FIRST STREET MULTIMODAL BOULEVARD STUDY PROJECT # 10431116 Additional Insureds and Waiver of Subrogation; City, its City Council, its officers, officials, employees, agents, and volunteers
ACORD 101 ( 2008/ 01) 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SR ID: 27854621 SATCH: 3985024 CERT: W39241779
City Council 21 – 19 10/6/2026
A~`R" CERTIFICATE OF LIABILITY INSURANCE
DATE( MM1DD/ YYYY)
6/ 1/ 2026 5/ 27/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CONTACT PRODUCER Lockton Companies, LLC NAME:
444 W. 47th St., Ste. 900 PHONE FAX
Kansas City MO 64112- 1906
AIC, No Ext: AIC No):
E- M(
816) 960- 9000 ADDRESS:
kcasuClockton. com
INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A: LID d's of London
INSURED
HDR ENGINEERING, INC. INSURER B:
1552476 1917 SOUTH 67TH STREET INSURER C:
OMAHA NE 68106 INSURER D:
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: 21878853 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IPOLICYEXP
LTR TYPE OF INSURANCE AINSD SWVD POLICY NUMBER MM D
IDCY EFF
MMlDDNYYY LIMITS
COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX
DAMAGE TO RENTED
CLAIMS-MADE F1 OCCUR PREMISES Ea occurrence S XXXXXXX
MED EXP( Any one person) $ XXXXXXX
PERSONAL& ADV INJURY $ XXXXXXX
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S XXXXXXX POLICYEl PRO- JECT LOC PRODUCTS- COMPIOP AGG $ XXXXXXX
OTHER: S
AUTOMOBILE LIABILITY NOT APPLICABLE Ea BINEDISINGLE LIMIT $
XXXXXXX
ANY AUTO BODILY INJURY( Per person) S XXXXXXX
OWNED SCHEDULED BODILY INJURY( Per accident) $ AUTOS ONLY AUTOS XXXXXXX
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident S XXXXXXX
XXXXXXX
UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE S XXXXXXX
EXCESS LIAB HCLAIMS-MADE AGGREGATE S XXXXXXX
DED RETENTIONS I$ xxxx}{xx
WORKERS COMPENSATION NOT APPLICABLE PER OTHAND EMPLOYERS' LIABILITY Y 1 N
STATUTE ER
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
N lA
E. L. EACH ACCIDENT S XXXXXXX OFFICERWEMBER EXCLUDED?
Mandatory in NH) E. L. DISEASE- EA EMPLOYEE; S XXXXXXX
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT I S XXXXXXX A ARCH& ENG N N P001412500 6/ 1/ 2025 76
PER CLAIM:$ 1, 000,000
PROFESSIONAL AGGREGATE: S2, 000, 000
LIABILITY
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: FIRST STREET MULTIMODAL BOULEVARD STUDY PROJECT# 10431116; WAIVER OF SUBROGATION APPLIES ON PROFESSIONAL LIABILITY AS REQUIRED BY WRITTEN CONTRACTAND WHERE ALLOWED BY LAW. COVERAGE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY.
APPROVED
By Tu Tran Nguyen at 12: 07 pm, Jun 03, 2025
CERTIFICATE HOLDER CANCELLATION See Attachments
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 853 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 21878 CITY
85 SANTA ANA
ACCORDANCE WITH THE POLICY PROVISIONS.
20 CIVIC CENTER PLAZA( M-30)
P.O. BOX 1988 AUTHORIZED REPRESENTA
SANTA ANA, CA 92702- 1988
7 Iq }4
1988' 015 ACORD CORPORATION. All rights reserved.
ACORD 25( 2016/03) The ACORD name and logo are registered marks of ACORD City Council 21 – 20 10/6/2026 Policy Number: TB2.641. 444950.035
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED LOCATION(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Locations):
All locations owned by or rented to the Named Insured
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. For all sums which the insured becomes legally b. Claims made or" suits" brought; or obligated to pay as damages caused by " occurc. Persons or organizations making claims or rences under Section I— Coverage A, and for all
medical expenses caused by accidents under
bringing" suits".
Section I -- Coverage C, which can be attributed 3. Any payments made under Coverage A for only to operations at a single designated " loca- damages or under Coverage C for medical tion" shown in the Schedule above: expenses shall reduce the Designated Location General Aggregate Limit for that desig- 1. A separate Designated Location General Hated " location". Such payments shall not re- Aggregate Limit applies each designated duce the General Aggregate Limit shown in location", and that limit is equal to the the Declarations nor shall they reduce any amount of the General Aggregate Limit other Designated Location General Aggregate Limit for any other designated " location"
2. The Designated Location General Aggregate shown in the Schedule above.
Limit is the most we will pay for the sum of all 4. The limits shown in the Declarations for Each damages under Coverage A, except damag- Occurrence, Damage To Premises Rented To es because of bodily injury or property You and Medical Expense continue to apply. damage" included in the " products- completed However, instead of being subject to the operations hazard", and for medical expenses General Aggregate Limit shown in the Declaunder Coverage C regardless of the number rations, such limits will be subject to the appli- of: cable Designated Location General Aggrea. Insureds; gate Limit.
City Council CG 25 04 06 09 Insurance Services Office, Inc., 2008 Page 1 of 2 21 – 21 10/6/2026 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by " occur- products-completed operations hazard" is prorences" under Section I — Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under bodily injury" or " property damage" included in Section I — Coverage C, which cannot be at- the " products-completed operations hazard" will tributed only to operations at a single designated reduce the Products-completed Operations Aglocation" shown in the Schedule above; gregate Limit, and not reduce the General Ag1. Any payments made under Coverage A for gregate Limit nor the Designated Location Gendamages or under Coverage C for medical eral Aggregate Limit. expenses shall reduce the amount available D. For the purposes of this endorsement, the Defiiunder the General Aggregate Limit or the nitions Section is amended by the addition of Products- completed Operations Aggregate the following definition; Limit, whichever is applicable; and
Location" means premises involving the same or
2. Such payments shall not reduce any Desig- connecting lots, or premises whose connection is nated Location General Aggregate Limit, interrupted only by a street, roadway, waterway or right-of-way of a railroad.
E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated.
Page City Council 2 of 2 0 Insurance Services Office, Inc., 2008 CG 25 04 05 09 21 – 22 10/6/2026 Policy Number: TB2-641. 444950.035
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction Project(s):
All construction projects not located at premises owned, leased or rented by a Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by " occur- damages or under Coverage C for medical rences" under Section I— Coverage A, and for all expenses shall reduce the Designated Conmedical expenses caused by accidents under struction Project General Aggregate Limit for Section 1 -- Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Agconstruction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Cont. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To
2. The Designated Construction Project General You and Medical Expense continue to apply.
Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Declacept damages because of " bodily injury" or rations, such limits will be subject to the appliproperty damage" included in the " products- cable Designated Construction Project Gencompleted operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of
the number of:
a. Insureds;
b. Claims made or" suits" brought; or
c. Persons or organizations making claims or
bringing " suits".
CGCity Council 26 03 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 2 21 – 23 10/6/2026 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by ' occur- products-completed operations hazard" is prorences" under Section I— Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under bodily injury" or " property damage" included in Section 1 — Coverage C, which cannot be at- the " products-completed operations hazard" will tributed only to ongoing operations at a single reduce the Products-completed Operations Agdesignated construction project shown in the gregate Limit, and not reduce the General AgSchedule above: gregate Limit nor the Designated Construction
1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contractProducts- completed Operations Aggregate ing parties deviate from plans, blueprints, deLimit, whichever is applicable; and signs, specifications or timetables, the project will
2. Such payments shall not reduce any Desig- still be deemed to be the same construction pronated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated.
City Council Page 2 of 2 C Insurance Services Office, Inc., 2008 CG 25 03 06 09 21 – 24 10/6/2026 POLICY NUMBER: TB2- 641- 444950- COMMERCIAL GENERAL LIABILITY 035 CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person( s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only with work, on the project ( other than service, respect to liability for " bodily injury", " property maintenance or repairs) to be performed by or damage" or " personal and advertising injury" on behalf of the additional insured( s) at the caused, in whole or in part, by: location of the covered operations has been
1. Your acts or omissions; or completed; or
2. The acts or omissions of those acting on your 2. That portion of " your work" out of which the behalf; injury or damage arises has been put to its
in the performance of your ongoing operations for intended use by any person or organization other than another contractor or subcontractor the additional insured(s) at the location( s) engaged in performing operations for a designated above.
principal as a part of the same project.
However:
C With respect to the insurance afforded to these
1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III— Limits Of Insurance:
law; and
If coverage provided to the additional insured is
2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured will amount of insurance:
not be broader than that which you are required
1. Required by the contractor agreement; or by the contract or agreement to provide for such additional insured. 2. Available under the applicable limits of R With respect to the insurance afforded to these
insurance;
additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to " bodily injury" or applicable limits of insurance. property damage" occurring after:
SCHEDULE
NameOfAdditional Insured Person(s) Location(s) Of Covered Operations Or Organization(s):
Any person or organization with whom you have agreed All locations as required by a written contract or through written contract, agreement or permit to provide agreement entered into prior to an" occurrence" or additional insured coverage offense
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CG 20 10 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1 City Council 21 – 25 10/6/2026
POLICY NUMBER: TB2-641- 444950- COMMERCIAL GENERAL LIABILITY 035 CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
A Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person( s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance:
with respect to liability for " bodily injury" or If coverage provided to the additional insured is property damage" caused, in whole i part, by required by a contract or agreement, the most we your work at the location designatedd and
described in the Schedule of this endorsement
will pay on behalf of the additional insured is the
performed for that additional insured and included
amount of insurance:
in the" products- completed operations hazard". 1. Required by the contract or agreement; or However: 2 Available under the applicable limits of
1. The insurance afforded to such additional
insurance;
insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the applicable 2 If coverage provided to the additional insured is limits of insurance. required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s): Location And Description Of Completed Operations Any person or organization to whom or to which you are Any location where you have agreed, through written, required to provide additional insured status in a written contract, agreement, or permit, to provide additional contract, agreement or permit except where such insured coverage for completed operations contact or agreement is prohibited.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 City Council 21 – 26 10/6/2026
Policy Number TB2- 641- 444950-035
Issued by Liberty Mutual Fire Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORYOTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to Section IV- Conditions 4. Other Insurance and supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:
1) The additional insured is a Named Insured under such other insurance; and 2) You have agreed prior to a loss, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 3) This insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or" suit".
LD 24 153 08 16 OO 2016 Liberty Mutual Insurance Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. City Council 21 – 27 10/6/2026 POLICY NUMBER: T1132- 641- 444 950-03 5 COMMERCIAL GENERAL LIABILITY CG 24 0412 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PROD UCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
SCHEDULE
Name Of Person( s) Or Organization(s):
As required by written contract or agreement.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV— Conditions:
We waive any right of recovery against the person( s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization( s) prior to loss. This
endorsement applies only to the person( s) or
organization( s) shown in the Schedule above.
CG 24 041219 Insurance Services Office Inc. 2018 Page 1 of 1 City Council 21 – 28 10/6/2026 POLICY NUMBER; AS2-641- 444950- 045 COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following;
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person( s) or organization( s) who are " insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
SCHEDULE
Name Of Person(s) Or Organiization( s),
As required by written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an " insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an " insured" under the Who Is An Insured
provision contained in Paragraph A. I. of Section II —
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D. 2. of Section I -- Covered Autos
Coverages of the Auto Dealers Coverage Form.
CACity Council 20 48 10 13 Insurance Services Office, Inc., 2011 Page 1 of 1 21 – 29 10/6/2026
Policy Number: AS2- 641- 444950-- 045
Issued by: Liberty Mutual. Fire Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED- NONCONTRIBUTING
This endorsement modifies insurance provided under the following;
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIERS COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person( s) or organization(s) who are" insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form.
Schedule
Name of Person(s) or Organizations( s):
Any person or organization where the Named Insured has agreed by written contract to include such person or organization
Regarding Designated Contractor Project:
Any
Each person or organization shown in the Schedule of this endorsement is an" insured" for Liability Coverage, but only to the extent that person or organization qualifies as an " insured" under the Who Is An Insured Provision contained in Section II of the CoverageForm.
The following is added to the Other Insurance Condition:
It you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the " bodily injury" or " property damage", then this insurance will be primary and we will not seek contribution from such insurance.
AC 84 23 0811 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
City Council 21 – 30 10/6/2026
POLICY NUMBER: AS2-641- 444950- 045 COMMERCIAL AUTO
CA04441013
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
SCHEDULE
Name(s) Of Person(s) Or Organization( s):
Any person or organization for whom you perform work under a written contract of the contract requires you to obtain this agreement from us but only if the contract is executed prior to the injury or damage occurring.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the " accident" or the " loss" under a c ontract with that person or organization.
CA 04 4410 13 O Insurance Services Office, Inc., 2011 Page 1 of 1 City Council 21 – 31 10/6/2026
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us,) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Where required by contract or written agreement prior to loss.
Issued by: Liherty Insurance Corporation
For attachment to Policy No WA7-64D-444950- 015 Effective Date 06/ 01/ 2025 Premium Issued to: HDR Engineering, Inc.
WC 00 03 13 c0 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 4/111984
City Council 21 – 32 10/6/2026
Policy Number TB2- 641- 444950-035
Issued by Liberty Mutual Fire Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE. PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART
SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
COMMERCIAL LIABILITY— UMBRELLA COVERAGE FORM
Schedule
Name of Other Person(s) 1 Email Address or mailing address: Number Days Notice:
Or anization s :
As required by written contract or As required by written contract or 30 written agreement written agreement
A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in coverage, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured.
B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy.
All other terms and conditions of this policy remain unchanged.
LIM 99 04 0314 2014 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
City Council 21 – 33 10/6/2026
Policy Number AS2-641- 444950- 045
Issued by Liberty Mutual Fire Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES This endorsement modifies insurance provided under the following;
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART
SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
COMMERCIAL LIABILITY-- UMBRELLA COVERAGE FORM
Schedule
Name of Other Person(s) 1 Email Address or mailing address: Number Days Notice:
Or anlzatlon(s):
As required by written contract 30
or written agreement
A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in coverage, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured.
B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy.
All other terms and conditions of this policy remain unchanged.
LIM 99 04 03 14 2014 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
City Council 21 – 34 10/6/2026
NOTICE OF CANCELLATION TO THIRD PARTIES
A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured.
B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy.
Schedule
Name of Other Person(s) 1 Email Address or mailing address: Number Days Notice:
Organization(s):
As required by written 30
contract or agreement
All other terms and conditions of this policy remain unchanged.
Issued by Liberty Insurance Corporation
For attachment to Policy No. WA7-64D- 444950-015 Effective Date 06/01/ 2025 Premium$ Issued to HDR Engineering, Inc. Endorsement No.
WC 99 20 75 2016 Liberty Mutual Insurance Page 1 of 1
Ed. 12/ 01/ 2016
City Council 21 – 35 10/6/2026
Attachment Code: D608624 Certificate ID: 21878853
This endorsement, effective: 06101/ 2025- 06/01/ 2026
Forms a part of policy no.: P001412500
Issued to: HDR ENGINEERING, INC.
By: Lloyd' s of London
NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS ENDORSEMENT Except with respect to cancellation for non- payment of premium ( 10 day notice cancellation), the Insurers shall give 30 days' notice of cancellation to the Certificate Holder(s) set forth herein, provided that:
1. The First Named Insured is required by contract to give notice of cancellation to the Certificate Holder, and
2. Prior to the Insurers sending its notice of cancellation to the First Named Insured, the First Named Insured shall provide the Insurers, in writing, either directly or through the First Named Insured broker of record, the name of each person or organization requiring notice of cancellation and the corresponding address for such person or for the employee responsible for receipt of notice of cancellation on behalf of such organization.
Notice of cancellation will be sent in accordance with the terms and conditions of the policy, except that the Insurers may provide written notice individually or collectively to the Certificate Holders by email at the current email address given by the First Named Insured. Proof of sending of the notice of cancellation by email shall be sufficient proof of notice.
Any failure to provide notice of cancellation to the Certificate Holder due to inaccurate or incomplete information provided by the First Named Insured shall remain the sole responsibility of the First Named Insured.
The following definitions apply to this endorsement:
1. First Named Insured means the Named Insured shown in the Declarations.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL REMAIN UNCHANGED.
City Council 21 – 36 10/6/2026
Miscellaneous Attachment: M507673 Certificate ID: 21878853 Insured: HDR, Inc.
Insurer: Lloyd' s ofLondon
Professional Liability Policy# P001412500
Effective Date ofPolicy: 6/ 1/ 2025
Expiration Date ofPolicy: 6/ l/2026
Waiver of Subrogation
IX, Conditions I. Subrogation
In the event of any payment under this policy, the insurer shall be subrogated to all the Instued's rights of recovery against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing to prejudice such rights. The insurers shall not exercise any such right against any persons, firms or corporations included in the definition of an Insured or against the Insured' s clients ifprior to the Claim a waiver of subrogation was so required and accepted under a specific contractual undertaking by the Insured. All recoveries obtained through subrogation shall be applied towards the Insured's Deductible first with the remaining balance payable to the Company.
City Council 21 – 37 10/6/2026
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AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-4-2053
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
FIRST STREET MULTIMODAL BOULEVARD STUDY
THIS AMENDMENT NO. 1 is effective this __ day of ________ 2026 (“Effective Date”), by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of California (herein referred to as “AUTHORITY”) and the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702, a municipal corporation duly organized and existing under the constitution and laws of the State of California (herein referred to as “CITY”), each individually known as “PARTY”, and collectively referred to as “PARTIES”.
RECITALS:
WHEREAS, by Agreement C-4-2053 dated February 18, 2025, AUTHORITY and CITY entered into an agreement for CITY to act as the lead agency for preliminary engineering, right-of-way, construction, and construction management of the First Street Multimodal Boulevard Study Project (hereinafter referred to as “PROJECT”); and
WHEREAS, the PROJECT is funded with Regional Early Action Planning Grant Program of 2021 (hereinafter referred to as “REAP 2.0”) funds; and
WHEREAS, CITY and AUTHORITY agree to increase the level of effort for the PROJECT to adequately address and incorporate all necessary PROJECT components identified through the latest findings during the conceptual planning and preliminary PROJECT plans, specifications, and estimates; and
Exhibit 2
City Council 21 – 38 10/6/2026
COOPERATIVE AGREEMENT NO. C-4-2053
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WHEREAS, AUTHORITY and CITY agree to increase the Agreement’s maximum cumulative payment obligation by Three Hundred Eighty-Two Thousand Eight Hundred Ninety-Six Dollars and Eighty-Five Cents ($382,896.85) to complete CITY-required PROJECT components; and WHEREAS, AUTHORITY and CITY agree that the increased obligation will be fully funded through REAP 2.0 funds; and
WHEREAS, CITY’s City Council approved this Amendment No. 1 on _____ day of ______________________ 2026.
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows:
1. Amend ARTICLE 3. RESPONSIBILITIES OF AUTHORITY, page 4 of 12, paragraph D., lines 10 and 11 page 4 of 12, to delete and, in lieu thereof, insert:
“D. AUTHORITY shall allocate the CITY’s share of the PROJECT in the amount not-to-exceed Four Million Three Hundred Thousand Dollars ($4,682,896.85) for the PROJECT using REAP funds.”
2. Amend ARTICLE 6. MAXIMUM OBLIGATION, page 7 of 12, to delete in its entirety and, in lieu thereof, insert:
“ARTICLE 6. MAXIMUM OBLIGATION
Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY mutually agree that AUTHORITY’s maximum cumulative payment obligation hereunder shall be Four Million Six Hundred Eighty-Two Thousand Eight Hundred Ninety-Six Dollars and Eighty-Five Cents ($4,682,896.85), unless agreed to and amended by both PARTIES.“ /
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City Council 21 – 39 10/6/2026
COOPERATIVE AGREEMENT NO. C-4-2053
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The balance of Agreement No. C-4-2053 remains unchanged.
IN WITNESS WHEREOF, the PARTIES hereto have caused this Amendment No. 1 to Agreement No. C-4-2053 to be executed as of the date of the last signature below.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By: Alvaro Nuñez
City Manager
Dated:
By: Lydia Bilynsky
Department Manager, Capital Projects
ATTEST:
By:
Jennifer L. Hall
City Clerk
Dated:
APPROVED AS TO FORM:
By: James M. Donich
General Counsel
APPROVED AS TO FORM:
By:
Kyle Nellesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
By:
Rodolfo Rosas, P.E.
Acting Executive Director, Public Works Agency
Dated:
City Council 21 – 40 10/6/2026
FIRST AMENDMENT TO AGREEMENT WITH HDR ENGINEERING
TO PERFORM ENGINEERING AND TRANSPORTATION PLANNING SERVICES
FOR THE FIRST STREET MULTIMODAL BOULEVARD STUDY
THIS FIRST AMENDMENT to the above referenced Agreement is entered into on this 6th day of October, 2026 by and between HDR Engineering, Inc. (Consultant), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (City).
RECITALS
A. On May 20, 2025, the City and Consultant entered into Agreement #A-2025-073 (Agreement) following a comprehensive Request for Proposal procurement process to for traffic engineering and transportation planning services associated with the First Street Multimodal Boulevard Study (Project) in accordance with the terms of the RFP No. 25- 029 (RFP). The Agreement runs for an initial two (2) year term with options to extend the term for up to two (2), additional one (1) year terms, if needed. The Agreement is current and in-effect.
B. Consultant has substantially completed the planning, public outreach, transportation analysis, and preliminary engineering services identified in the original Agreement and has advanced the Project to approximately the 60 percent design phase.
C. As the Project advanced through design development, additional engineering analyses were identified as necessary to satisfy City engineering standards, Orange County regulatory requirements, and accepted engineering design practices. Specifically, completion of a Drainage Report, Geotechnical Pavement Design Memorandum, and Water Quality Management Plan (WQMP), Right of Way (ROW) Engineering, Utility Coordination, additional Storm Drain Design, Utility Potholing, and contract administration are all additional tasks necessary to advance the Project through the 90 percent and 100 percent Plans, Specifications and Estimates (PS&E) milestones.
D. Consultant is uniquely qualified to perform these additional services because of its familiarity with the Project, existing engineering analyses, community outreach, and ongoing design efforts. Utilizing Consultant to complete the additional work will maintain project continuity, avoid duplication of effort, and minimize schedule impacts.
E. Pursuant to Santa Ana Municipal Code Section 2-807, City staff coordinated with the Purchasing Manager in regards to the additional work contemplated by the Consultant.
The Purchasing Manager approved the exception to process for bid requirements consistent with City code and the procurement process established under the RFP.
E. The Parties desire to amend the Agreement to: (1) amend the scope of services; (2) utilize the grant contingency funds authorized by Council on March 20, 2025 and additional grant funds identified in Amendment No. 1 to the Cooperative Agreement with Orange County Transportation Authority to increase the compensation by Six Hundred Thousand Four Hundred Eighty-Nine Dollars and Eighty-Five Cents ($600,489.85) to compensate the Exhibit 3
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Consultant for said additional services; and (3) to amend the fees and rates to include the costs for the additional services detailed herein. No other changes are contemplated by this First Amendment.
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. SECTION 1, SCOPE OF SERVICES
Exhibit A to Section 1 of the Agreement is hereby amended to include additional professional engineering services, attached hereto and incorporated by reference:
a. Preparation of a Drainage Report, including hydrologic and hydraulic analyses, drainage area mapping, roadway spread calculations, evaluation of existing and proposed storm drain facilities, and preparation of final drainage recommendations (Exhibit A-1).
b. Preparation of a Geotechnical Pavement Design Memorandum, including subsurface exploration, laboratory testing, pavement design recommendations, traffic signal foundation recommendations, and geotechnical engineering analyses (Exhibit A-2). c. Preparation of a Water Quality Management Plan (WQMP), including stormwater treatment calculations, Best Management Practice (BMP) design, preparation of technical specifications, regulatory documentation, and completion of Orange County recordation requirements (Exhibit A-3).
d. Preparation of Right-of-Way (ROW) Engineering, including fifteen (15) title reports to support new roadway easements, five (5) additional title reports to support intersection curb returns where the documented ROW does not match existing improvements, performing ROW engineering to verify existing parcel boundaries for affected parcels, preparation of Plats and Legal descriptions to support 15 new parcel takes, and address comments.
HDR will begin utility coordination with Southern California Edison (SCE). The coordination effort will include the preparation of utility impact exhibits specific to SCE facilities in order to facilitate relocation coordination with SCE and other utility owners.
Two (2) additional drainage systems are required by PWA for inclusion into the design package. These two systems will replace deficient systems located at the Main Street and Broadway Street intersections. The HDR design team will prepare new plans and profile design plans for these two drainage systems and include the plans in their 90% and 100% design submittals. This task will include plans, specifications and cost estimates for the added drainage items and will be incorporated into the drainage report with supporting hydraulic calculations.
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Utility Potholes: The HDR team will complete 35 utility potholes to locate existing utilities at critical points along the corridor including proposed utility crossing and traffic signal locations. The utility pothole information will be supplied to the PWA in the form of a field report and the pothole data will be added to the First Street utility plans. (Exhibit A-4).
2. SECTION 2.a, COMPENSATION, is hereby amended to increase the total compensation by an additional Six Hundred Thousand Four Hundred Eighty-Nine Dollars and Eighty-Five Cents ($600,489.85). The total amount to be expended during the term of the Agreement shall not exceed Four Million, Four-Hundred Seventy Thousand, Four Hundred Eighty-Nine Dollars and Eighty-Five Cents ($4,470,489.85).
3. SECTION 2.a, COMPENSATION, is hereby amended to include as Exhibit B-1 to this First Amendment the rates and fee schedules for the additional scopes of work detailed in this First Amendment.
4. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.
[signature page to follow]
City Council 21 – 43 10/6/2026
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Kyle Nellesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Rodolfo Rosas, P.E.
Acting Executive Director,
Public Works Agency
Thomas T. Kim
Senior Vice President
e Nellesen i t t Cit Att
City Council 21 – 44 10/6/2026
EXHIBIT A-1
SCOPE OF WORK
Drainage Report
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EXHIBIT A-2
SCOPE OF WORK
Geotechnical Pavement Design Report
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A-26-001
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A-26-002
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A-26-003
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A-26-004
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A-26-005 A-26-006 Might need to relocate this boring to avoid conflcit with bus stop.
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A-26-007
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A-26-008
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EXHIBIT A-3
SCOPE OF WORK
Water Quality Management Plan (WQMP)
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EXHIBIT A-4
SCOPE OF WORK
Right of Way Engineering, Utility Coordination, Storm Drain Design, Utility Potholing
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Task 5.5a ROW Engineering
a.
e.
Task - - Task S rain esign
Task
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Task 5.5e
.
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EXHIBIT B-1
RATES AND FEE SCHEDULES
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FIRST STREET SANTA ANA FEE PROPOSAL FOR ADDITIONAL WORK Task 5.5 Additional Services a ROW Engineering $127,270 - 15 title reports for roadway easements - 5 title reports for intersection curb returns - ROW Engineering for parcel boundary - Prepare plats and legals - Response to city comments (2 rounds) b Utility Coordination $25,000 - 3 months coordination with SCE and 3rd Party utilities $25,000 $25,000 c Storm Drain Design $27,500 - 90% Design $15,000 $15,000 - 100% Design $10,000 $10,000 - Specifications and Cost Estimates $2,500 $2,500 d Utility Potholing $128,833 - 35 utility potholes $103,833 - field report $0 Utility exhibits and coordination $25,000 $25,000 e Contract Adminstration $24,294 Project Management $19,294 $19,293.85 Project Adminstration $5,000 $5,000 TOTAL $101,794 $127,270 $103,833 $357,897 Optional Record of Survey $25,000 $25,000 TOTAL (with Optional Task) $382,896.85 $103,833 HDR Guida BESS Test Total $127,270 $127,270 City Council 21 – 71 10/6/2026
CITY OF SANTA ANA FY 26/27CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:
The First Street Boulevard Multimodal Study Project will look at options to enhance the City’s planned improvements for First Street by assessing the feasibility of infrastructure improvements through robust community outreach efforts and field data analyses.
PROJECT NEED:
As per the approved GP update, First Street is envisioned to go from a 6-vehicle travel lane, divided roadway to a 4-vehicle travel lane divided roadway with bicycle infrastructure and enhanced pedestrian sidewalks. These potential improvements will benefit the Santa Ana residents who utilize OCTA’s Route 64, one of the highest ridership bus routes in Orange County. Route 64 services Orange County bus riders from Westminster Mall, to the west, to Larwin Square Shopping Mall, to the east, in Tustin while traversing right through the heart of the City of Santa Ana on First Street. The route consists of approximately 90 stops covering both directions with nearly 50 of them in Santa Ana.
PROJECT TITLE:
First Street Multimodal Boulevard
Study Project
PROJECT CATEGORY:
Traffic Improvements
Traffic Improvements
LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:
Public Works Traffic Engineering Ruben Castaneda, Senior Engineer 21-Sep-2026
PROJECT COSTS
Total
Project
Cost FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FY 32/33 Construction 4,470,489 600,489 - - - - - -
Engineering 212,407 (217,593) - - - - - -
TOTAL 4,682,896 382,896 - - - - - -
SOURCE OF FUNDS
Total
Project
Cost FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FY 32/33 REAP 4,300,000 - - - - - - -
REAP 382,896 382,896 - - - - - -
TOTAL 4,682,896 382,896 - - - - - -
Exhibit 4
City Council 21 – 72 10/6/2026
Public Works Agency
www.santa-ana.gov/public-works/
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 6, 2026
TOPIC: Resolutions for Walnut Pump Station PFAS Treatment System Funding
AGENDA TITLE
Adopt Resolutions Authorizing the City Manager to Submit a Financial Assistance Application for a Financing Agreement from the State Water Resources Control Board for the Walnut Pump Station PFAS Treatment System Project and Declare that the Project is Categorically Exempt from the California Environmental Quality Act
RECOMMENDED ACTION
1. Adopt a resolution authorizing the City Manager to submit a financial assistance application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the Walnut Pump Station PFAS Treatment System Project.
RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION TO THE STATE
WATER RESOURCES CONTROL BOARD FOR FINANCIAL ASSISTANCE FOR
THE WALNUT PUMP STATION PFAS TREATMENT PROJECT
2. Adopt a resolution declaring the Walnut Pump Station PFAS Treatment System Project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 of the California Environmental Quality Act Guidelines.
RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA SUPPORTING AND ADOPTING THE FINDINGS
THAT THE CITY OF SANTA ANA WALNUT PUMP STATION PFAS TREATMENT PROJECT IS EXEMPT FROM CEQA PURSUANT TO SECTION 15303 OF THE
CEQA GUIDELINES
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The Public Works Agency (PWA) is responsible for the daily operations of the City of Santa Ana’s drinking water systems. The water system has an average daily demand of 30 million gallons from its roughly 45,810 service connections. The majority of the City’s City Council 22 – 1 10/6/2026
Resolutions for Walnut Pump Station PFAS Treatment System Funding October 6, 2026
potable water comes from the Orange County Groundwater Basin (OC Basin) and is pumped through 21 existing City wells. Due to the presence of per- and polyfluoroalkyl substances (PFAS) found in routine well monitoring, several wells in the OC Basin have been taken offline, including Santa Ana Wells 16, 29, 33, and 41 which supply water into the Walnut Pump Station reservoir.
On May 19, 2020, City Council approved the PFAS Treatment Facilities and Program Agreement with the Orange County Water District (OCWD) (Exhibit 1). The PFAS Treatment Facilities and Program Agreement (Agreement) calls for OCWD to provide the funding, design, construction, and operation assistance for PFAS treatment facilities for qualifying City groundwater wells. The City and OCWD have identified the Walnut Pump Station as a priority location for the construction of PFAS treatment facilities to treat groundwater pumped from City Wells 16, 29, 33, and 41 (Project). The total Project budget, including construction cost, is estimated to be $30,000,000. Under the Agreement, the City is assisting OCWD in securing approximately $15,000,000 in grant funding to offset a portion of the Project’s construction costs.
Under the federal Bipartisan Infrastructure Law (BIL), $5 billion has been allocated through the Drinking Water State Revolving Fund (DWSRF) Program administered by the State Water Resources Control Board (SWRCB) to address PFAS and other emerging contaminants. The SWRCB will provide grant up to fifty percent (50%) of project costs, up to $25,000,000, for each qualified applicant. Eligible projects include the construction of a new treatment facility that addresses PFAS such as the City of Santa Ana Walnut Pump Station PFAS Treatment System Project. OCWD is not an eligible applicant for the PFAS grant because it is not the owner or operator of PFAScontaminated wells. Per the Agreement, the City of Santa Ana must be the applicant for the grant funds. Receiving this grant would help advance the Project, reduce impacts to rate-payers, and restore the ability to produce locally-sourced water, while reducing the City’s reliance on costly imported water.
If the City were awarded the PFAS grant and the funding agreement were executed, the City would serve as the grant recipient, as the owner and the operator of the PFAS water treatment systems. OCWD would submit invoice(s) to the City that total to the grant amount for the construction of the Project. The City of Santa Ana would need to pay OCWD as “proof of payment” before seeking and receiving grant reimbursement from the SWRCB. The City will serve as a “pass through” agency between SWRCB and OCWD, and the net financial impact to the City would be zero.
The City of Santa Ana’s adoption of an Authorization Resolution is a requirement of the PFAS grant application and is necessary to proceed with execution of the grant funding agreement with the SWRCB (Exhibit 2).
City Council 22 – 2 10/6/2026
Resolutions for Walnut Pump Station PFAS Treatment System Funding October 6, 2026
ENVIRONMENTAL IMPACT
The City must adopt a resolution finding the City’s Walnut Pump Station PFAS Treatment System Project is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA guidelines (Exhibit 3). This project is consistent with Categorical Exemption Class 3 of Section 15303 because it consists of the construction and operation of a small treatment plant at a previously disturbed site representing the development of limited numbers of new, small facilities or structures, and it would not result in any significant impacts to the environment.
FISCAL IMPACT
There is no fiscal impact associated with this action. A separate staff report will be presented to the City Council at a later date to recognize and appropriate grant funds.
EXHIBIT(S)
1. PFAS Treatment Facilities and Program Agreement
2. Authorization Resolution
3. CEQA Exemption Resolution
Submitted By: Rodolfo Rosas, P. E., Acting Executive Director of Public Works Approved By: Alvaro Nuñez, City Manager
City Council 22 – 3 10/6/2026
INSURANCE NOT REQUIRED A-2020-103
WORK MAY PROCEED Return ORIGINAL
CLERK OF COUNCIL executed eoov to rOTC,
to Tc V 13S I ; I O
M-30 EXHIBIT 1
Wa ( lt leir IolP1 rM PFAS TREATMENT FACILITIES AND PROGRAM AGREEMENT This PFAS TREATMENT FACILITIES AND PROGRAM AGREEMENT ( the Agreement") is effective on the date identified in Section 10. 17 (" Effective Date") of the Agreement, and is between the ORANGE COUNTY WATER DISTRICT, a special governmental district organized and existing pursuant to the Orange County Water District Act, Chapter 924, Statutes of 1933, as amended (" OCWD") on the one hand, and the Cities ofAnaheim, Fullerton, Garden Grove, Orange, Santa Ana and Tustin; and the East Orange County Water District, Irvine Ranch Water District, Serrano Water District, Yorba Linda Water District, and Golden State Water Company ( each a " Producer," and collectively " Producers"') on the other. OCWD and the Producers are each a " Party" and collectively "Parties" to this Agreement.
A. OCWD manages the Orange County Groundwater Basin ("Basin") in northern and central Orange County in order to support a variety of beneficial uses, including potable and non - potable water supply. Much ofthe potable water supply currently used within northern and central Orange County is pumped groundwater for use by persons and Producers within OCWD' s service area. Section 2, subdivision 60.) of the Orange County Water District Act (" OCWD Act") authorizes OCWD to " transport, reclaim, purify, treat, inject, extract, or otherwise manage and control water for the beneficial use of persons or property within the district and to improve and protect the quality of the groundwater supplies within the district." Inasmuch as Orange County is located in a semi -arid area, it is essential that all reasonable efforts be put forth by OCWD, in cooperation with the Producers, to protect the quality and quantity of groundwater supplies within OCWD' s boundaries.
B. A group of man- made substances known as per- and polyfluoroalkyl substances PFAS") has been used in numerous consumer and industrial products since the 1940s. Recent testing in the Basin has revealed that as ofthe Effective Date, at least eleven producers and at least 71 groundwater wells that are sources of drinking water in the Basin are impacted by PFAS.
C. Producers are governmental agencies ( or a regulated public utility) that operate public water systems for the purpose of delivering potable water. They obtain a portion of their water supply by pumping groundwater from Water Producing Facilities within the Basin.
D. In July 2018, the State of California Division of Drinking Water (" DDW") established a Response Level (" RL") of 70 parts per trillion ("ppt") for perfluorooctanoic acid PFOA") and 70 ppt perfluorooctane sulfonate ("PFOS"), two types ofPFAS. In February 2020, DDW established revised RLs of 10 parts ppt for PFOA and 40 ppt for PFOS. Assembly Bill 756, codified at Health and Safety Code Section 116378, and effective January 1, 2020, requires that community water systems, including Producers, either notify their customers ofPFAS detections Producers" means the listed public agencies ( and a regulated public utility) identified herein, and groundwater pumpers later added per Section 10. 16, that extract groundwater from the Basin via "Water Producing Facilities" ( as that term is defined in Section 24 of the OCWD Act), and who are adversely impacted by PFAS in one or more Water Producing Facility/Faeilities they own or operate.
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exceeding RLs or remove from service drinking water sources with PFAS exceeding RLs.' The revised RLs are perceived as a de facto regulation by some Producers.
E. In November 2019, the State of California Office ofEnvironmental Health Hazard Assessment began the process of developing drinking water Public Health Goals (" PHGs") for PFOA and PFOS, the first step in the regulatory process leading to DDW setting enforceable Maximum Contaminant Levels (" MCLs"). As ofthe Effective Date, DDW projected establishing MCLs for PFOA and PFOS by the Fall of 2023, with PHGs projected to be established by the Summer of 2021.
F. PFAS compounds create a unique groundwater contamination issue that impacts many Producers. Without any action, PFAS impacted groundwater may migrate affecting other Water Producing Facilities and larger portions of the Basin.
G. The Parties desire that the Basin continue to provide a groundwater supply of suitable quality to allow for the continuation of all existing and potential beneficial uses, and that is in compliance with all state and federal standards and relevant advisory levels. Quick and effective actions by OCWD, in concert with Producers, are needed to remove, treat and control PFAS down to established regulatory limits while also removing them to prevent their contamination ofother portions of the Basin.
H. The Parties recognize the necessity and commit to a high level of coordination to expeditiously design, construct and operate PFAS treatment systems (" Treatment Systems") to remove PFAS from the Basin where PFAS is detected in Water Producing Facilities.
I. Until Treatment Systems are constructed, the impacted Producers will be purchasing greater amounts of more expensive imported water, and water in the Basin containing PFAS will not be treated so as to prevent its spread to other portions of the Basin.
J. As a result of DDW issuing revised RLs for PFOA and PFOS, and anticipated issuance of RLs and state or federal MCLs for other PFAS, Producers have lost, or are anticipated to lose upon finalization ofthe RLs and/or MCLs for one or more PFAS, pumping capacity in one or more Water Producing Facilities due to the presence of PFAS. Given the magnitude of the PFAS problem within the Basin, and OCWD' s desire to improve and protect the quality of the groundwater supplies within the District so that groundwater from the Basin may be beneficially used, OCWD has developed, and is implementing through this Agreement and other actions, a new program that will allow OCWD to purify and treat groundwater containing PFAS by substantially funding, contracting and cooperating with Producers to develop, construct, operate, and maintain Treatment Systems such that water quality within the OCWD will be purified and improved (" Program"), and such that Producers can continue to beneficially use groundwater from the Basin after treatment for drinking water purposes. Producers desire to participate in the Program.
z DDW' s February 2020 guidance directs community water systems to test for PFAS using EPA Method 537. 1 and notes that DDW defines PFAS " as those analytes included in EPA Method 537. 1."
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K. OCWD has the authority to " construct, purchase, lease, or otherwise acquire, and to operate and maintain necessary waterworks and other works, machinery, [ and] facilities ... useful or necessary to ... protect the quality of the common water supplies of [OCWD] and purposes incidental thereto." 3 OCWD may also perform groundwater cleanup, abatement, or remedial work in cooperation with any other governmental agency, and may initiate cost recovery actions against persons responsible for causing contamination of the Basin, and for its costs in cleaning up or containing contamination or pollution of the Basin.' OCWD is also authorized under Section 2( 6)( 1.) of the OCWD Act to protect and improve water quality within the Basin by entering into contracts with Producers to produce more groundwater from the Basin, while taking less water from alternative non -tributary sources, where OCWD determines that such increased production of groundwater will result in removal of contaminants or pollutants from the Basin that otherwise would not be removed. Specifically, OCWD has authority, "for the common benefit of the district and for the purpose of managing the groundwater basin and managing, replenishing, regulating, and protecting the groundwater supplies within the district" to enter into an agreement with Producers to increase the production of groundwater in lieu ofwater from an alternative non - tributary source for the purpose of removing contaminants or pollutants from the Basin. OCWD may also " pay from district funds that portion of the cost of the groundwater production as will encourage the production for beneficial use of polluted or contaminated groundwater, as long as that pollution or contamination is impairing the quality ofthe water supplies within the district and the quality of the water supplies within the district will be improved by that production." L. OCWD has determined that certain portions of the Basin in the vicinity of Producers' Water Producing Facilities are polluted by PFAS, and that entering into this Agreement with Producers will encourage beneficial use of groundwater polluted by PFAS that would otherwise not be used while improving the quality ofwater supplies within the District.
M. OCWD and the Producers mutually desire to enter into this Agreement pursuant to the OCWD Act to document the Program responsibilities of the Parties in the construction and operation of PFAS Treatment Systems, systems that the Parties will use to treat PFAS pollution and contamination, thereby improving the quality of groundwater supplies within OCWD.
The Parties therefore agree as follows:
1. The Recitals above are deemed true and correct and are hereby incorporated in this Agreement as though fully set forth herein. The Parties agree that the actions that will be taken pursuant to this Agreement are reasonable and necessary to accomplish the goals and objectives ofthe OCWD Act.
2. PURPOSE.
2. 1 Facilitation of Basin -wide Treatment. OCWD and the Producers intend to facilitate treatment of Basin groundwater impacted by PFAS. OCWD will coordinate and fund planning and treatment pilot studies and design efforts, and fund the construction costs of PFAS 3 OCWD Act, Section 2, Subd. 5.
OCWD Act, Section 8.
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Treatment Systems in the Basin subject to the provisions of this Agreement. OCWD will also fund a portion of the operation and maintenance costs of those facilities.
2.2 HAS Compounds and Reopener. The Parties recognize the necessity of and commit to a high level of coordination to expeditiously design, construct and operate HAS Treatment Systems to remove PFAS from the Basin where HAS is detected in a Producer' s existing or anticipated) Water Producing Facilities at or above 80% of an applicable RL or MCL.
The Parties acknowledge that additional compounds within the HAS family may become regulated during the term of this Agreement. To the extent the Treatment Systems developed under this Agreement requires modification to treat PFAS that becomes regulated after the Effective Date, the Parties will, where necessary and mutually agreed upon, amend this Agreement to provide for treatment of additional compounds in the PFAS family.
3. PLANNING.
3. 1 Planning Study. OCWD has retained a consultant to prepare a " Planning Study" to evaluate the Producers' water systems, any oftheir Water Producing Facilities impacted by PFAS (" Impacted Wells"), and potential locations for construction of PFAS Treatment Systems for Impacted Wells. OCWD shall cause the consultant to actively consult with Producers in connection with preparation ofthe Planning Study. OCWD shall cause the consultant to provide a final Planning Study report to OCWD and Producers concurrently.
3. 2 Pilot Study. OCWD shall perform a PFAS treatment " Pilot Study" to evaluate different treatment technologies to remove PFAS from groundwater.
3. 3 Treatment Systems. OCWD shall use the results of the Planning Study and the Pilot Study to reasonably determine the type and final design of the Treatment Systems to treat PFAS contamination in the groundwater produced by Impacted Wells to levels below the RL or MCL. Development ofthe final design ofTreatment Systems will consider 30- year lifecycle costs, including but not limited to Treatment System footprint and physical setting, relative land values, the proximity to existing water infrastructure and energy sources, operational costs and limitations, and any HAS treatment studies conducted by Producers. The Treatment Systems will be designed for a 30- year useful life. If OCWD and a Producer mutually agree, a Treatment System that can remove PFAS contamination down to non -detect concentrations, depending upon site specific circumstances, may be designed and constructed.
3. 4 Enhancements/Additions to Treatment System. If Producer desires to construct additions or enhancements to the PFAS Treatment System beyond what OCWD determines is the appropriate Treatment System, then OCWD will reasonably estimate the cost of those additions or enhancements ( including planning costs, design costs, capital costs and operation and maintenance [" O& M"] costs) with assistance and input from Producer( s). For OCWD-Built facilities (defined below), OCWD shall include the additions or enhancements in the design and construction of the treatment facilities upon OCWD determination of feasibility of efficiently operating the Treatment Systems with the requested additions or enhancements.
Producer shall reimburse OCWD for all costs associated with the OCWD-Built addition or enhancement constructed by OCWD. For Producer Built Treatment Systems that contain additions or enhancements beyond what OCWD determines to be an appropriate Treatment System, 2629/022499* 087
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Producers shall have no right of reimbursement from OCWD for Producers' costs attributable to such additions or enhancements.
3. 5 Producer Assistance. Producers shall support and assist OCWD in connection with the Planning Study, Pilot Study, and development of what constitutes an appropriate Treatment System design. " Support and assist," as used in this Agreement means timely providing reasonable staff time and available data/technical information where requested by OCWD to ensure OCWD has sufficient information to timely complete its obligations under this Agreement.
3. 6 Untested Water Producing Facilities. OCWD reserves the discretion to delay the design and to not construct Treatment Facilities at Water Producing Facilities that have not been individually tested for PFAS, or which have not demonstrated consistent exceedance of an applicable PFAS RL or MCL.
4. DESIGN AND CONSTRUCTION OF PFAS TREATMENT FACILITIES.
4. 1 Fundiniz. OCWD shall fund the reasonable cost to design and construct the Treatment System, except for necessary real property and entitlements for siting the Treatment System as described in Section 4.4. OCWD' s funding obligations apply both to OCWD-Built or Producer -Built Treatment Systems, as defined below. OCWD' s funding obligations include planning, design, and construction of the Treatment Systems whether OCWD-Built or Producer - Built.
4.2 OCWD Construction or Reimbursement. The Producer shall elect either:
A. to have the Treatment System designed and built by OCWD OCWD-Built"); or
B. to be reimbursed for having the Treatment System designed and built by the Producer (" Producer -Built").
4.3 CEQA. In connection with the proposed Treatment System for Impacted Wells, the Parties shall work together to determine the best plan for and the lead agency for the purpose of complying with the California Environmental Quality Act (" CEQA"). Where a Producer serves as lead agency for a CEQA project, OCWD shall serve as a Responsible Agency and approve the portions of the CEQA project that OCWD will carry out. OCWD shall fund CEQA expenses incurred in connection with the Treatment System whether it is a Lead Agency or a Responsible Agency. Upon a Producer' s request, OCWD shall prepare necessary CEQA documents for the Treatment System. OCWD shall fund any reasonable CEQA mitigation cost excluding land acquisition expenses.
4.4 Property Acquisition, Entitlements.
A. Land and Rights ofWay. Each Producer shall secure at its expense any land and/ or right of way necessary to construct the Treatment System( s). 2629/ 022499- 0087
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B. Entitlements. Each Producer shall obtain at its expense all land use entitlements necessary to construct the Treatment System( s).
C. Property Conditions for OCWD-Built Treatment System. If a Producer chooses an OCWD-Built Treatment System, then OCWD will have no obligation to design or construct the Treatment System until a Producer has demonstrated it has obtained lands and land use entitlements sufficient to permit construction of the Treatment System. OCWD may begin final design work for facilities where land use entitlements are in the process of being obtained. If a Producer is unable to obtain the necessary entitlements within twelve months after the completion of the preliminary design for an Impacted Well, then Producer shall reimburse OCWD for reasonable design costs associated with that location unless the twelve month deadline is extended by mutual agreement of the Parties.
4.5 OCWD-Built Facilities. The provisions of this Section 4. 5 apply to PFAS treatment facilities that a Producer elects to have OCWD design and build.
A. Design. OCWD will consult with and seek input from the Producer on the design and construction of the Treatment System, including the need for any extended manufacturer' s warranties on Treatment System components. Producer shall support and assist OCWD in hiring design consultants and designing the Treatment System, but OCWD will have the reasonable authority and discretion in determining the Treatment System final design. The level of treatment selected by OCWD must allow the Producer to treat regulated PFAS to comply with RLs or MCLs, unless special circumstances dictate an alternative approach. Additions or enhancements to the Treatment System are subject to section 3. 4.
B. Property Rights. A Producer shall provide OCWD with temporary property rights over any site necessary for construction, staging, and laydown for the Treatment System project. These temporary property rights will be in the form of a license or temporary construction easement, or other property right sufficient to provide for OCWD' s control of the site during construction.
C. Advertising and Award of Construction Contracts. OCWD shall advertise, where required by the OCWD Act, and award construction contracts for construction of the Treatment System. A Producer shall support and assist OCWD in these efforts, and shall expeditiously provide any documents necessary for construction at no charge to OCWD.
D. Administration and Inspection. OCWD will administer the necessary contracts to construct the Treatment System, including reviewing and responding to contractor requests for information or requests for clarification, reviewing and approving shop drawings, and filing a Notice ofCompletion. OCWD shall provide all construction and inspection for the Treatment System.
E. Transfer of Treatment System. Upon filing the Notice of Completion for the Treatment System, OCWD will transfer the constructed and operating Treatment System to the Producer with an appropriate legal instrument and a quitclaim of any property rights obtained under Section 4.4. OCWD shall provide the Producer with copies of all applicable O& M manuals and record drawings for the Treatment System in OCWD' s possession. 2629/ 022499- 0087
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Upon the Producer' s receipt ofthe legal instrument and quitclaim ofproperty rights, Producer shall be solely responsible for ensuring the proper operation, maintenance and repair of the Treatment System. The Parties may arrange for extended warranties on any component of the Treatment System, which additional cost may be paid for by the Producer, and which extended warranty will be transferred to the Producer together with the transfer documents.
F. Warranty, Post -Construction Remedies. OCWD will make construction warranty repairs and modifications not attributable to the negligence or willful misconduct of Producer for one year after the date of filing of the Treatment System Notice of Completion. The Parties will also, to the extent they deem prudent, jointly pursue any statutory construction defect remedies against third -party designers and contractors.
G. DDW Permit Assistance. OCWD will support and assist the Producer with technical information in modifying the Producer' s DDW operating permit to account for and authorize the new Treatment System as part ofthe Producer' s public water system.
4.6 Construction by Producer. The provisions ofthis Section 4.6 apply to HAS treatment facilities that a Producer elects to design and build.
A. OCWD Approval ofDesien. The Producer shall prepare and submit to OCWD for approval a conceptual design for the Treatment System. OCWD shall review and approve the design in writing within 30 days, which approval will not be unreasonably withheld.
Once conceptual design for a Producer' s proposed Treatment System is approved by OCWD, the Producer will coordinate with OCWD in the planning and final design of the Treatment System.
The Producer shall then prepare and submit the final design to OCWD for approval. OCWD shall participate in the Producer' s project meetings as necessary to obtain OCWD' s final approval of the Treatment System in an expeditious manner so as not to delay the Producer' s design and construction of the Treatment System. OCWD shall review and approve the final design, if deemed reasonable and effective, in writing, within 30 days. Such approval will not be unreasonably delayed or withheld, though OCWD shall have the right to place reasonable conditions on the final design approval.
B. Construction. Upon OCWD' s approval of the final design, the Producer shall advertise, award, and ensure timely completion of all necessary contracts to construct the Treatment System. The Producer shall notify OCWD upon the award of the construction contract and upon recording the Notice of Completion.
5. OPERATIONS, MAINTENANCE AND REPLACEMENT.
5. 1 30-Year Term. Each Producer shall operate, maintain, and repair a Treatment System, and any related Impacted Well, for the earlier of:
A. 30 years following the filing of the Notice of Completion; or B. Until water produced from the Impacted Wells meets RLs or MCLs for PFAS.
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5. 2 Operating Standards. OCWD recognizes in the normal course ofoperating a water system, the Treatment System and Impacted Wells may need to be turned off for routine maintenance, seasonal demands, emergencies, accommodating in -lieu imported water deliveries, and major repairs. Each Producer agrees to operate the Treatment System in a manner consistent with industry standards and take actions in the same manner as a reasonably prudent water system operator, with the understanding that the Treatment System funded by OCWD is intended to be regularly used for daily treatment of groundwater as long as PFAS exceeds an RL or MCL in the Basin in the vicinity of the well. The Parties understand and agree that Treatment Systems constructed or funded by OCWD are not intended to be used as " stand by" treatment systems.
5. 3 Compliance, Permits, Testing, Reporting. Each Producer shall obtain and comply with any and all regulatory permits, permissions or approvals necessary to operate and maintain the Treatment System. Producer shall operate and maintain the Treatment System in accordance with state and federal regulatory requirements, prevailing industry standards, good housekeeping practices, and equipment manufacturer recommendations and requirements.
Producer shall perform required water quality testing and reporting to verify the successful operation of the Treatment System to comply with regulatory requirements. If a Producer fails to timely perform testing and/or reporting in the future, then OCWD may in its reasonable discretion assume responsibility from a Producer for required water quality testing and/ or reporting and that Producer shall timely pay OCWD all reasonable and necessary costs for that testing and reporting or such costs shall be deducted from OCWD' s reimbursement payments to the Producer per Section 5. 4.
5. 4 Post -Completion inspection; Cost Recoupment.
A. OCWD will periodically inspect the Treatment System after the filing of the Notice of Completion, to review the adequacy ofProducer O& M activities. Producer shall provide access to the Treatment System after receiving reasonable notice from OCWD.
B. To the extent OCWD finds that Producer is not adequately operating and maintaining the Treatment System in accordance with industry standards and the manufacturer' s directions, OCWD will, in the following order:
1) meet with the Producer in attempt to resolve the inadequate operation or maintenance;
2) formally notify the Producer of its obligation to properly maintain and operate the treatment system and give the
Producer up to 120 days to remedy any OCWD finding of
inadequate maintenance and/ or improper operational
protocols;
3) after 120 days, suspend O& M payments described in
Section 6.2 until such time as the Producer demonstrates to OCWD that it is properly operating and maintaining the
treatment system;
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4) no sooner than 270 days from the initial formal notice, terminate this Agreement and seek to recoup, where
applicable, the cost of constructing the Treatment System and/ or other applicable damages. 5
6. FINANCIAL.
6. 1 Capital Costs —Payment and Reimbursement.
A. OCWD-Built Facilities —Upfront Payment. For OCWD-Built Treatment System, OCWD will pay as up -front costs all planning, design, construction, and startup costs as described above, except for the costs for property rights, land use entitlements, additions or enhancements, or as otherwise described in this Agreement.
B. Producer -Built Facilities —Reimbursement. OCWD shall reimburse the Producer for all of the Producer' s reasonable expenses for the planning, design, construction, and start- up of Treatment System on a monthly basis. OCWD shall pay reimbursements to the Producer within 30 days of receiving adequate documentation from the Producer.
C. Prior Expenditures. Within 60 days after the Effective Date, OCWD will reimburse the Producer for any previous reasonable and authorized expenses incurred by the Producer prior to the Effective Date in evaluating or developing the design for or constructing the Treatment System for the Producer' s Impacted Wells.
1) Authorized expenses include, but may not be limited to:
1) design type costs, consultants and contractor; ( 2) pre -purchase of equipment and media for Treatment System; ( 3) equipment installed to temporarily treat for PFAS compounds which can be repurposed by the Producer into the Producer' s final Treatment System; ( 4) permitting cost; and ( 5) CEQA type expenses. These same expenses incurred by Producer going forward are also eligible for reimbursement. Design, engineering, or evaluative type expenses incurred by a Producer that may be eligible for reimbursement, as reasonably determined by OCWD in its sole discretion (with input from the Producer) could include: ( 1) outside consultant costs and studies incurred by the Producer and related to the development and design of the Treatment System; 2) equipment installed to temporarily treat for PFAS compounds which can be repurposed by OCWD into a final treatment system; ( 3) permitting cost; and (4) CEQA type expenses. 5 Any action by OCWD to recoup its, or the Producer' s, OCWD funded costs for construction of the PFAS treatment system would be prorated based upon the length of time the treatment facilities has been in operation, and by any percentage of third -party cost recovery OCWD has obtained. For example, a breach by Producer in year twenty-five (25) of the thirty (30) year term of this Agreement would result in OCWD recouping significantly less than if the breach occurred in year five since twenty five years of useful life of the facility would have occurred, and would be further offset by any third -party cost recovery obtained by OCWD during that time. 2629/022499- 0087
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2) Unauthorized expenses for reimbursement shall include:
1) the Producer' s staff time; (2) direct or indirect overhead type expenses for staff; and ( 3) costs not primarily attributable to Treatment System design, construction and O& M.
6.2 O& M Reimbursement.
A. Reimbursement Rate. OCWD shall reimburse each Producer for 50% of allowable O& M costs, up to $ 75/ acre- foot ofwater treated by the Treatment System.
B. O& M Unit Cost. Each Producer shall annually calculate the O& M unit cost of the Treatment System on a July 1st to June 30th fiscal year basis and submit this information by October 1st of the following fiscal year to OCWD for review and reimbursement.
The unit cost shall be calculated by dividing all appropriate and allowable O& M expenses by the Treatment System total water treated. The annual submittal by the Producer shall include all documentation and backup information necessary to support the unit cost calculation. Each Producer shall provide any reasonable information requested by OCWD in verifying the Producer' s unit cost or other expenses for which the Producer seeks reimbursement per this Agreement. After execution of the agreement, at the request of the Producer after the Treatment System( s) are fully operational, OCWD will make a six month progress payment by January 30th of each fiscal year based upon no more than 50% of the estimated eligible total O& M cost OCWD would normally reimburse at the end of the fiscal year as determined by OCWD with input from the Producer.
C. Reimbursable/Allowable Costs. Allowable O& M costs are the costs to the Producer necessarily incurred for the regular operation and maintenance of the Treatment System, as reasonably determined by OCWD after good faith consultation with Producer.
Allowable O& M cost shall consider the specific site issues of each Treatment System. Examples of allowable O& M costs may include, but are not limited to:
1) periodically replacing carbon, resin, or other adsorption media;
2) necessary power and chemical cost to operate the Treatment System;
3) routine maintenance of the Treatment System;
4) periodic repair and replacement type cost items;
5) cost ofadditional stafftime to operate the Treatment System; 6) required water quality sampling and testing for compliance monitoring;
7) determining and implementing compliance with new or
revised PFAS regulations;
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9) disposal of waste materials generated by the Treatment System, including landfill costs and incineration, and costs of hazardous waste disposal (if applicable);
10) sewerage costs associated with maintenance/ backwash of the Treatment System; and
11) such other reasonable maintenance costs as are necessary to ensure the Treatment System continues to operate properly consistent with its design.
D. Non -reimbursable costs include:
1) existing Producer staff time costs not attributable to the PEAS Treatment Facilities;
2) direct or indirect overhead type expenses for staff; and 3) cost resulting from a Producer' s inadequate operation and maintenance of the Treatment System.
E. Reimbursement Rate Adiustment. The $ 75/ acre foot rate will be automatically adjusted annually each July 1 ( beginning July 1, 2021) by the percentage differential based on the last two annual indices set forth in the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers - Los Angeles -Long Beach -Anaheim. The maximum O& M reimbursement rate may be increased by OCWD if there are unforeseen, unique or specific circumstances of the Treatment System that, through no fault of a Producer, result in a higher cost of treatment at a Producer' s treatment system, including increased costs attributable to new statutes, regulations or regulatory interpretations.
F. Submittals; Reimbursement Timing. OCWD shall reimburse each Producer its allowable O& M costs incurred by a Producer within 60 days of receiving the Producer' s annual O& M unit cost calculation and supporting information as described in Section 6. 2.B. via direct payment.
G. Treatment Media. OCWD may solicit and enter into a future contract with the appropriate activated carbon, resin, and/ or other adsorption media manufacturers to obtain a lower price for this material than could be obtained by the individual Producer. Unless a Producer opts out in writing of this Section within 30 days of the Effective Date, Producer will support and participate in OCWD efforts to obtain a lower cost for activated carbon and/or resin.
6.3 Grants.
A. OCWD- Sought. OCWD may seek federal, state, or other grant funding to offset costs of the PEAS program contemplated by this Agreement. Each Producer shall support and assist OCWD, as may be reasonably requested by OCWD, to obtain any grants that maybe used by OCWD to fund construction and/ or future O& M ofTreatment Systems. Grant 2629/022499- 0087 -
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funds received by OCWD will be used to fund OCWD' s costs ofplanning, design and construction ofTreatment systems, unless otherwise required by the terms of that grant.
B. Producer Support to OCWD-Sought Grants. Each Producer shall support and assist OCWD in preparing any annual reports or documents necessary for OCWD to comply with grants received for the HAS program. Subject to the requirements of this Section 6. 3, no provisions in this Agreement will prevent a Producer from applying for grants or loans, from any source, for PFAS treatment projects in its service territory.
C. Producer -Sought Funding. A Producer may also seek third -party funding for Treatment System -related expenses. Any outside development and design type grants or funding initiated and received by a Producer will be utilized to offset OCWD' s PFAS design or construction costs forthe Producer. If a Producer receives any grants or other third -party funding for operational expenses of the Treatment System, that Producer shall share those proceeds with OCWD in proportion to the percentage ofO& M funded by OCWD if allowed by the grant or other third -party funding instrument.
6.4 Records Retention, Audit. The Parties shall keep and maintain all records, accounts and reports relating to this Agreement for a period of at least ten years after the date of a final judgment or final settlement resolving any and all litigation related to PFAS cost recovery initiated per Section 7.4 of this Agreement. The Parties will have access to these records at any time during normal business hours upon 10 calendar days' notice. At its cost, any Party may audit the books, records and accounts of the Party relating to its performance ofthis Agreement, and the audited Party shall provide reasonable cooperation to the auditing Party in this regard.
7. RISK ALLOCATION.
7. 1 Insurance.
A. Construction Activities. In the hiring of consultants and contractors to design and build the Treatment System, the hiring or contracting Parry will have the other Party OCWD, if Producer -Built, or the designing/building Producer, if OCWD-Built) included as an additional indemnitee and additional insured on the same basis and with the same limits in all contracts. The hiring Party will use the higher of the two Parties' standard limits for the purpose of coverage requirements. For example, in connection with an OCWD-Built Treatment System, OCWD shall have Producer named as an additional indemnitee and an additional insured in all consulting and construction contracts related to the Producer' s Treatment System(s). In connection with a Producer -Built Treatment System, Producer shall have OCWD named as an additional indemnitee and an additional insured in all consulting and construction contracts. The hiring or contracting Party shall provide the other Party with proof of insurance, including additional insured endorsements.
B. Parties' Coverage. Each Producer shall take out and maintain in effect at all times during the term of this Agreement comprehensive general liability insurance in an amount not less than $ 2 million per occurrence, for bodily injury, death and property damage associated with the operation and maintenance of the Treatment Facilities and Impacted Wells, naming OCWD as an additional insured under such policy. An endorsement evidencing this 2629/ 022499- 0087
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insurance coverage shall be furnished to OCWD prior to OCWD or Producer commencing construction on a Treatment System. Ifthe Producer is, or becomes, partially or fully self -insured for its public liabilities, a letter executed by the Producer' s ChiefExecutive stating the Producer' s self -insured status and acknowledging its responsibility to indemnify OCWD as required in this Agreement, may be furnished in lieu of the insurance endorsement otherwise required herein. The Producer shall provide written notice to OCWD of any change in the Producer' s insured or self - insured status within 30 days of the date of such change.
7.2 Indemnity.
A. By Producer:
1) Each Producer shall defend, indemnify and hold OCWD, harmless from and against any and all actions, suits, claims, demands, judgments, attorney' s fees, costs, damages to person or property, losses, penalties, obligations, expenses or liabilities collectively, " Claims") that may be asserted or claimed by any third party arising out of the negligent or reckless performance or implementation of this Agreement by Producer except for Claims arising out of or relating to the design or construction of a Treatment System where OCWD designed or constructed the Treatment System.
2) Producer shall indemnify, defend and hold OCWD harmless from any liability, or regulatory enforcement attributable, in whole or in part, to Producer' s failure to properly operate and maintain the Treatment System and Impacted Wells.
B. By OCWD:
1) OCWD shall defend, indemnify and hold each Producer
harmless from and against any and all Claims that may be asserted or claimed by any third party arising out of the negligent or reckless performance or implementation of this Agreement by OCWD, except for Claims arising out of or relating to the design or construction of a Treatment System where the Producer designed or constructed the Treatment System.
7.3 Release and Hold Harmless.
A. Producers' Release ofOCWD.
1) Producers, and each of them, hereby release OCWD, its officers, directors, employees, agents and representatives, from any and all liability, known or unknown, arising out of, or otherwise attributable to the discovery and/ or presence of PFAS in the Santa Ana River, the Basin, Producers' Water Producing Facilities, and Producers' potable or non - potable water system, before, during or after treatment. Such release shall include, but is not limited to, claims or litigation initiated by third parties against a Producer or OCWD, and any other legal, administrative, or regulatory actions associated with OCWD' s performance ofits obligations under this Agreement (unless attributable to OCWD' s sole active negligence or willful misconduct during such performance).
B. OCWD' s Release ofProducers.
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1) OCWD hereby releases each Producer, their officers,
directors, employees, agents and representatives, from any and all liability, known or unknown, arising out of, or otherwise attributable to the discovery and/ or presence ofPFAS in the Santa Ana River, the Basin, Producers' Water Producing Facilities, and each Producers' potable or non - potable water system, before, during or after treatment. Such release shall include, but is not limited to, claims or litigation initiated by third parties against a Producer or OCWD, and any other legal, administrative, or regulatory actions associated with a Producer' s performance ofobligations under this Agreement ( unless attributable to a Producer' s sole active negligence or willful misconduct during such performance).
2) This release by OCWD does not pertain in circumstances where liability results, or is alleged to result, from the failure of a Producer to properly operate and maintain the Treatment System constructed per this Agreement.
C. Producer' s Release of other Producers.
1) Each Producer hereby releases and shall hold the other Producers harmless from liability associated with the presence of PFAS in the Basin. 2) However, this release by each Producer does not pertain to circumstances where liability results, or is alleged to result, from the failure of the other Producer( s) to properly operate and maintain the Treatment System(s) constructed per this Agreement.
D. No Admission of Liability. Nothing contained herein shall be deemed an admission of liability by any Party to this Agreement.
7.4 Legal Cost Recovery Efforts.
A. OCWD anticipates commencing litigation against responsible parties, including chemical manufacturers of PFAS, in order to recover costs from persons responsible for placing PFAS into the stream of commerce and/ or the environment where it could make its way into the Basin (" Damages"). The Producers shall support, coordinate, assist and comply with all reasonable OCWD requests regarding OCWD' s cost recovery litigation related to pursuit of Damages associated with PFAS.
B. OCWD will request each Producer that has sustained Damages to determine if intends to jointly retain counsel (" Shared Litigation Counsel") with OCWD in litigation to recover Damages. Producers who join as co -plaintiffs are " Participating Producers" in OCWD' s cost recovery efforts.
C. OCWD and Participating Producers will establish a Steering Committee and Executive Committee to direct Shared Litigation Counsel and make litigation decisions.
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confidentiality and privilege concerning communications and work product of the Steering Committee and Executive Committee.
E. OCWD and Participating Producer agree that any Damages obtained in the PFAS litigation will be pooled and distributed to OCWD and Participating Producers proportionally to their respective claimed damages, such that each Participating Producer and OCWD will recover the same percentage of their overall claimed damages in the manner shown on Exhibit A.
F. Participating Producers can decide at any time to discontinue participation in the litigation initiated by OCWD, but agree, if applicable, to pay to Shared Litigation Counsel, in accordance with any retainer agreement negotiated with Shared Litigation Counsel, for the withdrawing Producers share ofShared Litigation Counsel' s reasonable attorneys' fees and cost incurred prior to the date ofwithdrawal (ifany). Further, per the terms of any retainer agreement with Shared Litigation Counsel, the Participating Producers agree to maintain as confidential, and where applicable, to return, any communications and work product obtained via the litigation.
G. OCWD believes that it is in the best interest of OCWD and Producers impacted by PFAS to jointly initiate litigation as co -plaintiffs with Shared Litigation Counsel. However, if a Producer decides to pursue or initiate separate PFAS litigation ("Separate Litigation"), Producer shall notify OCWD of such intent thirty (30) days prior to formally filing the Separate Litigation. Producer in the Separate Litigation must comply with the following:
1) The Producer shall give OCWD the opportunity to review and comment on Separate Litigation documents ( e. g., pleadings) prior to any Separate Litigation filing. 2) No PFAS related cost incurred by OCWD, or likely to be incurred by OCWD, and related to the Producers treatment system( s) ( construction and/ or O& M), will be asserted in a Producer' s Separate Litigation.
3) In order to prevent duplicative claims for the same damages in separate lawsuits, assertion of which without OCWD' s consent shall constitute a violation of this Agreement, OCWD must approve any PFAS related cost a Producer is seeking to recover prior to its assertion in Separate Litigation. However, OCWD shall not unreasonably withhold such approval, and shall consult in good faith with counsel for a Producer that wishes to initiate Separate Litigation in order to seek ways to accommodate the interests ofboth Parties, prior to disapproving any cost.
4) A Producer shall closely coordinate its separate legal action with OCWD, and, where requested in good faith by OCWD, support the positions taken by OCWD related to PFAS in court and in political, community and business forums. 5) A Producer shall not assert claims against OCWD in any litigation related to PFAS, or otherwise knowingly take positions that could result in OCWD or other Producers incurring liability related to PFAS as a result of the position asserted by the Producer in the Separate Litigation.
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S. EXPIRATION AND TERMINATION. This Agreement expires 30 years from the Effective Date. A Producer may terminate this Agreement upon providing 90 days written notice to OCWD. However, if a Producer terminates this Agreement prior to the 30 year date of expiration, the Producer shall reimburse OCWD for all of OCWD' s umecovered costs in constructing the Treatment System using the methodology described in footnote 5, plus any other reasonable expenses incurred by OCWD as a result of the early termination.
9. NOTICE. Any notice, instrument, payment or document required to be given or delivered under this Agreement shall be given or delivered by personal delivery or by depositing the same in a United States Mail depository, first class postage prepaid, and addressed as set forth in Exhibit B. Notice under this Agreement may also be provided to such other address as any Party may direct in writing to the other. Service of any instrument or document given by mail will be deemed complete upon receipt if delivered personally, or forty eight (48) hours after deposit of such instrument or document in a United States mail depository, first class postage prepaid, and addressed as set forth above.
10. MISCELLANEOUS.
10. 1 Further Assurances. The Parties shall execute and deliver any documents and cooperate in performing any acts necessary to further the intent of this Agreement.
10.2 Time is of the Essence. Time is ofthe essence in performing all obligations under this Agreement.
10.3 Counterparts. This Agreement may be executed in multiple counterparts, each of which is an original. All signatures taken together will be considered as one and the same agreement.
10.4 Force Majeure. Upon written notice by a Party, the respective duties and obligations of the Parties will be suspended for the time period that performance by the Party is prevented or substantially impeded by workforce strikes; riots; fire; flood; federal, state or county regulatory action; pandemics, war; or terrorism.
10. 5 Dispute Resolution. If a dispute arises between the Parties in connection with this Agreement, the Parties shall engage in a mediation before a third -party neutral.
10. 6 Successors and Assigns. All of the terms, conditions and provisions of this Agreement inure to the benefit of and will be binding upon OCWD, the Producer, and their respective successors and assigns.
10. 7 No Implied Waivers. If any term, condition or provision ofthis Agreement is breached by either Party and thereafter waived by the other Party, that waiver will be limited to the specific breach so waived, and will not be deemed either to be a continual waiver or to waive any other breach under this Agreement.
10.8 No Obligation to Third Parties. The approval, execution and performance of this Agreement does not confer any rights upon any person or entity other than OCWD and the Producers. There are no third -party beneficiaries to this Agreement. Each Producer' s obligations 7619/ 022499- 0097
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under this Agreement are to OCWD only, unless otherwise specifically stated herein e. g., requirement to release or provide notice to other Producers).
10. 9 Nature of Relationship. This Agreement does not create, and will not be construed or deemed to create, any agency, partnership, joint venture, landlord -tenant or other relationship between OCWD and any Producer except as specified in this Agreement.
10. 10 Integration, Construction and Amendment. This Agreement represents the entire understanding of OCWD and each Producer as to the design and construction of PFAS treatment facilities for the Impacted Wells. No prior oral or written understanding will be of any force or effect with respect to those matters covered by this Agreement. This Agreement will be construed as if drafted by both OCWD and each Producer.
10. 11 Modification, Variance and Most Favored Nation Provisions. Unless specifically authorized herein, this Agreement may not be modified, altered or amended unless in writing signed by authorized representatives of both OCWD and all Producers, except that OCWD and any individual Producer may enter into a Producer -specific " Variance" that will be applicable only with respect to OCWD and that specific Producer. Except for where site -specific circumstances require unique considerations, OCWD shall interpret and administer this Agreement in a similar manner with each Producer. At least 30 days prior to approving any proposed Variance, OCWD will provide written notice of the proposed Variance to the other Producers and provide each with an opportunity to opt in to the same terms ofthat Variance. Upon approval of any Variance, OCWD shall provide a fully -executed version of the Variance to each Producer that has opted in under the Variance.
10. 12 Severabilitv. Each provision ofthis Agreement is severable from the whole.
If any provision of this Agreement is found contrary to law, the remainder ofthis Agreement will continue in full force.
10. 13 Authority.
A. Producer hereby agrees that funding provided by OCWD per this Agreement is in furtherance of OCWD' s purpose of treating/purifying water in the Basin to facilitate beneficial use of locally produced groundwater water in order to increase production of groundwater containing PFAS from the Basin —to levels typical prior to setting of RLs for PFAS, and that Producer' s production ofwater from the Basin is in lieu ofProducer taking water from an alternative non -tributary source, thereby furthering OCWD' s efforts to remove or eliminate PFAS contaminants from the Basin.
B. By entering into this Agreement, each Party represents that it, and to the best of its understanding the other Parties to this Agreement, have proper legal authority to enter into this Agreement and to fund the work described herein. Each person executing this Agreement on behalf of a Party warrants that they are: ( 1) duly authorized to execute and deliver this Agreement on behalf of that Party, ( 2) by executing this Agreement, that Parry is formally bound to the provisions of this Agreement, and ( 3) entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. No individual signing this Agreement shall have individual liability under this Agreement. As a condition of entering this 262W022499- 0087
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Agreement, all Parties expressly waive any future challenge to the legal authority of the other Parties to enter into this Agreement, or to the authority of any other Party to fund the programs described in this Agreement.
10. 14 Construction and Amendment. The terms of this Agreement will be construed in accordance with the plain meaning ofthe language used and will not be construed for or against any Party by reason ofthe authorship ofthis Agreement or any other rule of construction which might otherwise apply. The headings of sections and paragraphs of this Agreement are for convenience or reference only and will not be construed to limit or extend the meaning of the terms, covenants and conditions ofthis Agreement. This Agreement may only be amended by the mutual consent ofthe Parties by an instrument in writing.
10. 15 No Admissions. Nothing in this Agreement may be deemed an admission.
Moreover, no language that may have previously been circulated in prior drafts ofthis Agreement, but subsequently removed at the request of a Producer, shall be used by either Party as evidence, or in any other manner, in litigation currently pending in Los Angeles Superior Court between OCWD and the City of Anaheim, Yorba Linda Water District, Golden State Water Company, Mesa Water District, and East Orange County Water District on the one hand, and Irvine Ranch Water District ( IRWD) on the other, Case No. BS168278 [ Lead Case] Case No. BS175192 Consolidated Case] ( the " Litigation"), as such Litigation may be amended from time to time.
10. 16 Additional Parties. Notwithstanding any other provision ofthis Agreement, OCWD is authorized to allow other groundwater pumpers in the Basin adversely impacted by PFAS, but not named in this Agreement, to become Parties to and execute this Agreement without obtaining the concurrence of the other Parties to this Agreement or otherwise modifying this Agreement (except to add an additional signature block).
10. 17 Effective Date and Bindine Effect. The date OCWD executes this Agreement shall be the Effective Date of this Agreement. Each Party executing the Agreement thereafter shall be bound by, and benefit from, the terms of this Agreement on the date that Parry executes the Agreement, notwithstanding that other Parties have not yet executed the Agreement.
No Party shall be bound by this Agreement until such Party has executed this Agreement, nor shall any Party that has executed this Agreement owe any contractual duty to any Parry that has not yet executed this Agreement until such other Party executes this Agreement. The timelines referenced in Sections 6. 1( C) and 6.2 ( G) ofthis Agreement shall begin to run on the date a Producer executes this Agreement if such date is after the Effective Date.
10. 18 Electronic Signatures. Any Party may execute this Agreement using an electronic signature," as that term is defined in California Civil Code Section 1633. 2, or a " digital signature," as defined by California Government Code Section 16. 5. An electronic or digital signature will have full legal effect and enforceability. Nothing in this Agreement requires any Party to use or accept the submission of any subsequent or related document containing an electronic or digital signature where written notice is otherwise required by this Agreement.
SIGNATURES FOLLOW]
1629/ 022499-0097
14979764. 1 a04/ 17/ 20 - 18-
City Council 22 – 21 10/6/2026
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
By:
Jeremy N. Jungreis
General Counsel, OCWD
City Attorney
APPROVED AS TO FORM:
By:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
SIGNATURES CONTINUED]
ORANGE COUNTY WATER DISTRICT
Vicente Sarmiento, President
Michael R. Markus, General Manager
CITY OF ANAHEIM
CITY OF FULLERTON
In
CITY OF GARDEN GROVE
LE
CITY OF ORANGE
2629/022499- 0097
14979764. 1 a04/[ 720 - 19-
City Council 22 – 22 10/6/2026
APPROVED AS TO FORM:
WOODRUFF, SPRADLIN & SMART,
APC
m
David E. Kendig
City Attorney, City of Tustin
Y4
Cal ' I
Clerk of
APPROVED AS TO FORM
SONIA R. CARVALHO, City Attorney
1, ,
Assistant City Attorney
APPROVED AS TO FORM:
ATKINSON, ANDELSON, LOYA, RUUD
ROMO
CITY OF TUSTIN
Dr. Allan Bernstein, Mayor
CITY OF SANTA ANA
By:
Rxistine RiTgeCity Manager
RECOMMENDED FOR APPROVAL
Nabil Saba
Executive Director
Public Works Agency
EAST ORANGE COUNTY WATER
DISTRICT
LE
Lisa Ohlund, General Manager
Jeffrey A. Hoskinson
SIGNATURES CONTINUED]
2629/022499-0087
14979764. 1 04/ 17/ 20 - 20-
G?
City Council 22 – 23 10/6/2026
APPROVED AS TO FORM: IRVINE RANCH WATER DISTRICT
HANSON BRIDGETT, LLP
By:
Paul A. Cook, General Manager
Claire H. Collins
APPROVED AS TO FORM: SERRANO WATER DISTRICT
By: By:
S. Wayne Rosenbaum Jerry A. Vilander
APPROVED AS TO FORM: YORBA LINDA WATER DISTRICT
M
Andrew B. Gagen
APPROVED AS TO FORM: GOLDEN STATE WATER COMPANY
2629/021499- 0087
14979764. 1 a04/ 1720 - 21-
City Council 22 – 24 10/6/2026
Exhibit A
Allocation of Recovery
Example of proportionally dividing damages assuming litigation, after paying Shared Litigation Counsel, results in a total damage pool of75% of all damages ($ 63OM) claimed by all Participating Producers ( total claims of $839M). The column to the far right reflects each co -plaintiff' s hypothetical recovery.
Total Amount Claimed in Litigation by each co -plaintiff x .75) OCWD 5443 53% 332 •
Anaheim
EO( WD
78 12
9%
1%
58 9
Fullerton 54 6% 40
Garden Grove 42 5% 31
IRWD 6 1% 55
Orange 48 6% 36
Santa Ana 54 6% 540
Serrano 18 2% 14
Tustin 18 2% 14
YLWD 66 8% 50
Total S839 100°/0 630 M
I
Dollar amounts shown are for illustrative purposes only and are not related to actual PFAS cost that may be incurred or damages recovered. The numbers used herein are strictly hypothetical) 2629/ 022499- 0087
1 4979764. 1 . 04/ 17/ 10
City Council 22 – 25 10/6/2026
Exhibit B
Notice Addresses
Orange County Water District
P. O. Box 8300
18700 Ward Street
Fountain Valley, CA 92708
Attn: General Manager
Mike Markus
City of Anaheim
201 S. Anaheim Blvd., Suite 1101
Anaheim, CA 92805
Attn: Assistant General Manager of Water Services
Michael Moore
City of Fullerton
303 W. Commonwealth Ave.
Fullerton, CA 92843
Attn: Public Works Director
Meg McWade
City of Garden Grove
13802 Newhope Street
Garden Grove CA, 92843
Attn: Public Works Director
Bill Murray
City of Orange
P. O. Box 449
Orange, CA 92856
Attn: Public Works Director
Joe DeFrancesco
City of Tustin
P.O. Box 466
Tustin, CA 92781
Attn: Water Resources Manager
Mike Grisso
2629/ 022499-0087
14979764. 1 a04/ 1720
City Council 22 – 26 10/6/2026
City of Santa Ana
220 S. Daisy, Bldg. A
Santa Ana, CA 92703
Attn: Water Resources Manager
Nabil Saba
East Orange County Water District
185 N. McPherson Road
Orange, CA 92869- 3720
Attn: General Manager
Lisa Ohlund
Irvine Ranch Water District
15600 Sand Canyon Avenue
Irvine, CA 92618
Attn: General Manager
Paul Cook
Serrano Water District
18021 Lincoln Street
Villa Park, CA 92861- 6446
Attn: General Manager
Jerry Vilander
Yorba Linda Water District
P. O. Box 309
Yorba Linda, CA 92885- 0309
Attn: General Manager
Brett Barbre
Golden State Water Company
1920 W. Corporate Way
Anaheim CA 92801
Attn: District Manager
Ken Vecchiarelli
2629/022499- 0087
14979764. 1 a04/ 1720 - 2-
City Council 22 – 27 10/6/2026
Resolution No. 2026-XX
RESOLUTION NO. 2026-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING AN APPLICATION TO THE
STATE WATER RESOURCES CONTROL BOARD FOR
FINANCIAL ASSISTANCE FOR THE WALNUT PUMP
STATION PFAS TREATMENT PROJECT
WHEREAS, the California State Water Resources Control Board Drinking Water State Revolving Fund provides financial assistance to reduce people’s exposure to perand polyfluoroalkyl substances (“PFAS”) and other emerging contaminants through their drinking water program; and
WHEREAS, due to the presence of PFAS found in routine well monitoring, several wells in the Orange County Groundwater Basin have been taken offline, including City’s wells 16, 29, 33 and 41 of Walnut Pump Station PFAS Treatment Project; and WHEREAS, on May 19, 2020, City Council approved the PFAS Treatment Facilities and Program Agreement (“PFAS Agreement”) with the Orange County Water District (“OCWD”) to provide the funding, design, construction, and operation assistance for PFAS treatment facilities for qualifying City of Santa Ana groundwater wells; and WHEREAS, per the terms of the PFAS Agreement, the City shall support and assist OCWD to obtain any grants that may be used by OCWD to fund construction and/or future operations and maintenance costs of PFAS treatment systems.
NOW, THEREFORE, be it resolved by the City Council of the City of Santa Ana as follows:
Section 1. The City Manager (the “Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the City, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the City of Santa Ana Walnut Pump Station PFAS Treatment Project.
Section 2. The Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.
Section 3. The Authorized Representative, or his/her designee, is designated to represent the City in carrying out the City’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.
Exhibit 2
City Council 22 – 28 10/6/2026
Resolution No. 2026-XX
Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the adoption of this Resolution.
ADOPTED this 6th day of October 2026.
___________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: __________________
Kyle Nellesen
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
City Council 22 – 29 10/6/2026
Resolution No. 2026-XX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-___ to be the original resolution adopted by the City Council of the City of Santa Ana on October 6, 2026.
Date: ___________________ ____________________________
City Clerk
City of Santa Ana
City Council 22 – 30 10/6/2026
Resolution No. 2026-XX
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA SUPPORTING AND ADOPTING THE
FINDINGS THAT THE CITY OF SANTA ANA WALNUT
PUMP STATION PFAS TREATMENT PROJECT IS EXEMPT
FROM CEQA PURSUANT TO SECTION 15303 OF THE
CEQA GUIDELINES
WHEREAS, the City of Santa Ana staff determined that a treatment plant for perand polyfluoroalkyl substances (“PFAS”) is required to reduce concentrations in drinking water extracted from the groundwater basin at existing and future well connections; and WHEREAS, the City of Santa Ana, in its capacity under the California Environmental Quality Act (CEQA), has conducted an evaluation of the potential for environmental impacts associated with the City of Santa Ana Walnut Pump Station PFAS Treatment Project (including wells 16, 29, 33 and 41); and WHEREAS, such evaluation determined that the City of Santa Ana Walnut Pump Station PFAS Treatment Project is consistent with the applicable Categorical Exemption (Class 3, Section 15303) under CEQA as it consists of the construction and operation of a treatment plant at Walnut Pump Station for the treatment of PFAS contaminants from several existing groundwater production well sites. The treatment plant will use ion exchange (IX) treatment protocol through the use of IX vessels along with associated water conveyance facilities. The sites have been disturbed by the development of the existing groundwater production wells, and the Project would not require any new ground disturbances. The facility would treat groundwater pumped from the production wells and convey it to existing water distribution pipelines for potable water consumption. The Project would not require any vegetation removal and occurs within an area that is highly urbanized.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows:
Section 1. Adopts the finding that the City of Santa Ana Walnut Pump Station PFAS Treatment Project is exempt from CEQA pursuant to Section 15303 of the CEQA Guidelines because it consists of the construction and operation of small treatment plant and associated connection facilities at previously disturbed sites representing the development of limited numbers of new, small facilities or structures and it would not result in any significant impacts to the environment.
Exhibit 3
City Council 22 – 31 10/6/2026
Resolution No. 2026-XX
ADOPTED this 6th day of October 2026.
___________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: __________________
Kyle Nellesen
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
City Council 22 – 32 10/6/2026
Resolution No. 2026-XX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-___ to be the original resolution adopted by the City Council of the City of Santa Ana on October 6, 2026.
Date: ___________________ ____________________________
City Clerk
City of Santa Ana
City Council 22 – 33 10/6/2026
City Manager’s Office
www.santa-ana.gov/cm
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 6, 2026
TOPIC: Second Reading of Paid Military Leave Ordinance
AGENDA TITLE
Second Reading and Adoption of Ordinance No. NS-3099 to Extend Paid Military Leave Benefit
First reading at the September 15, 2026 City Council Meeting and approved by a vote of 7-0. Published in the OC Reporter on September 21, 2026.
RECOMMENDED ACTION
Conduct a second reading and adopt an ordinance to expand partially paid leave for employees called to active military duty.
ORDINANCE NO. NS-3099 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING ARTICLE VI (LEAVES, HOLIDAYS AND ABSENCES) OF CHAPTER 9 (CIVIL SERVICE) OF THE SANTA ANA MUNICIPAL
CODE TO EXPAND PAID LEAVE FOR EMPLOYEES CALLED TO ACTIVE DUTY
WITH RESERVE FORCES OF THE UNITED STATES OR THE NATIONAL GUARD GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
On September 15, 2026, the City Council conducted a first reading of an ordinance to expand partially paid leave for employees called to active military duty. The ordinance was introduced by a vote of 7-0.
No changes to the ordinance were made by City Council. A copy of the ordinance for second reading and adoption is attached as Exhibit 1.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
City Council 23 – 1 10/6/2026
Second Reading of Paid Military Leave Ordinance
October 6, 2026
FISCAL IMPACT
The estimated fiscal impact of additional pay and benefits for September 3 through December 13 is $30,421, which can be absorbed by the Police Department employee compensation budget. Any future fiscal impact would be limited to six months per year for each impacted employee and would be contemplated as part of the applicable department budget.
EXHIBIT(S)
1. Ordinance No. NS-3099 to expand partially paid leave for employees called to active military duty
2. Staff Report from First Reading on September 15, 2026 Submitted By: Kathryn Downs, Assistant City Manager
Approved By: Alvaro Nuñez, City Manager
City Council 23 – 2 10/6/2026
Ordinance No. NS-XXXX
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING ARTICLE VI (LEAVES, HOLIDAYS
AND ABSENCES) OF CHAPTER 9 (CIVIL SERVICE) OF
THE SANTA ANA MUNICIPAL CODE TO EXPAND PAID
LEAVE FOR EMPLOYEES CALLED TO ACTIVE DUTY
WITH RESERVE FORCES OF THE UNITED STATES OR
THE NATIONAL GUARD
WHEREAS, the City of Santa Ana employs reserve members of the United States Armed Forces or National Guard;
WHEREAS, such employees must take leave pursuant to military orders from time to time;
WHEREAS, the Santa Ana Municipal Code grants such employees up to 30 days of paid leave each year with proof of military orders;
WHEREAS, the City desires to assist such employees to avoid undue financial hardship during extended leaves pursuant to military orders; and WHEREAS, from 2001 to 2022, the City periodically adopted resolutions providing for continuation of partially paid temporary military leave of absence for City employees called to active duty with the armed forces and continuation of benefits for employee and their eligible dependents, the latest example being Resolution No. 2021-021 which expired June 30, 2022.
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:
Section 1. That Section 9-144 in Division 1 of Article VI of Chapter 9 of the Santa Ana Municipal Code be amended to read as follows (additions underlined, deletions in strikethrough):
Sec. 9-144. – Same – Temporary.
(a) Members of the reserve forces of the United States, or the National Guard, granted temporary leave when ordered to duty, in accordance with the Military and Veterans Code, will be granted leave with pay for not to exceed thirty (30) calendar days in each calendar year after one (1) year’s service with the city, upon presenting satisfactory proof of orders to and from such temporary active duties. (b) For temporary military leave exceeding thirty (30) calendar days in each calendar year the employee shall be entitled to receive from the City the following:
City Council 23 – 3 10/6/2026
Ordinance No. NS-XXXX
(1) The difference between the military gross pay and allowances actually received by the employee from the United States for such service and the regular base pay, plus regular pay additives that said employee would have received from the City of Santa Ana if he or she would not have been called to active military duty, subject to all regularly required and voluntary deductions and withholdings; and
(2) Continued health and dental benefits for the employee and the employee’s eligible dependents as outlined in the applicable Memorandum of Understanding or employment benefit resolution.
(c) For the pay and benefits set forth in subsection (b) above, the following conditions apply:
(1) The employee must present satisfactory proof of orders to and from such temporary active duties;
(2) The military orders must be involuntary, and not voluntary; (3) The additional pay and benefits must not exceed six (6) months in each calendar year; and
(4) The City Manager may cease payment of the additional pay and benefits if the City Manager determines there is a forecasted budget deficit for the applicable fiscal year.
Section 2. If any section, subsection, sentence, clause or phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause or phrase or portion thereof irrespective of the fact that any one or more section, subsection, sentence, clause or phrase or portions be declared invalid or unconstitutional.
Section 3. This ordinance shall become effective thirty (30) days after its adoption.
Section 4. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law.
ADOPTED this day of , 2026.
__________________________
Valerie Amezcua
Mayor
City Council 23 – 4 10/6/2026
Ordinance No. NS-XXXX
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
ABSENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2026.
Date:
Jennifer L. Hall
City Clerk
City of Santa Ana
City Council 23 – 5 10/6/2026
Police Department and Human Resources
www.santa-ana.gov/pd
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 6, 2026
TOPIC: Second Reading of Outside Employment Ordinance
AGENDA TITLE
Second Reading and Adoption of Ordinance No. NS-3100 to Amend Section 9-16 of the Santa Ana Municipal Code to Prohibit All City of Santa Ana Employees from Outside Employee Regarding Civil Immigration Enforcement
First reading at the September 15, 2026, City Council Meeting and approved by a vote of 7-0.
Published in the OC Reporter on September 21, 2026.
RECOMMENDED ACTION
Conduct a second reading and adopt an ordinance to prohibit all City of Santa Ana Employees from Outside Employment Regarding Civil Immigration Enforcement.
ORDINANCE NO. NS-3100 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 9-16 OF THE SANTA ANA
MUNICIPAL CODE TO PROHIBIT CITY EMPLOYEES FROM ENGAGING IN
SECONDARY EMPLOYMENT INVOLVING CIVIL IMMIGRATION ENFORCEMENT, INCLUDING WITH OR ON BEHALF OF U.S. FEDERAL IMMIGRATION AND CUSTOMS ENFORCEMENT [includes determination that adoption of ordinance is not subject to California Environmental Quality Act (CEQA) requirements pursuant to CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378(b)(5)]
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
On September 15, 2026, the City Council conducted a first reading of an ordinance to prohibit all City of Santa Ana Employees from Outside Employment Regarding Civil Immigration Enforcement. The ordinance was introduced by a vote of 7-0.
No changes to the ordinance were made by City Council. A copy of the ordinance for second reading and adoption is attached as Exhibit 1.
City Council 24 – 1 10/6/2026
Second Reading of Outside Employment Ordinance
October 6, 2026
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and state CEQA guidelines the adoption of this ordinance is not subject to the requirements of CEQA. Pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. The Ordinance Amendment is further not subject to CEQA as an organizational and administrative activity of government under Guidelines Section 15378(b)(5).
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Ordinance No. NS-3100
2. Staff Report from First Reading on September 15, 2026.
Submitted By: Robert Rodriguez, Police Chief, and
Lori Schnaider, Executive Director of Human Resources
Approved By: Alvaro Nuñez, City Manager
City Council 24 – 2 10/6/2026
Ordinance No. NS-XXX
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 9-16 OF THE SANTA ANA
MUNICPAL CODE TO PROHIBIT CITY EMPLOYEES FROM ENGAGING
IN SECONDARY EMPLOYMENT INVOLVING CIVIL IMMIGRATION
ENFORCEMENT, INCLUDING WITH OR ON BEHALF OF U.S. FEDERAL
IMMIGRATION AND CUSTOMS ENFORCEMENT
WHEREAS, the City of Santa Ana is a charter city with authority under Article XI, Section 5 of the California Constitution to regulate the terms and conditions of employment of its own employees as a municipal affair; and WHEREAS, Santa Ana Municipal Code Section 9-16 currently governs outside employment for employees in the competitive service and establishes a discretionary approval standard that does not expressly address outside employment involving civil immigration enforcement; and
WHEREAS, the Santa Ana Police Department has Policy 1021 regarding outside employment for employees of the police department and the City has a policy regarding outside employment for employees in the competitive service and outside of the police department which prohibit incompatible employment and/or conflicts between City employment and any outside employment; and
WHEREAS, Government Code Section 1126 provides that a local agency officer or employee shall not engage in any employment, activity, or enterprise for compensation that is inconsistent, incompatible, in conflict with, or inimical to his or her duties as a local agency officer or employee; and
WHEREAS, Penal Code Section 70(e)(2) separately and expressly authorizes a local agency to restrict a peace officer’s off-duty secondary employment by written regulation or policy adopted by the employing agency; and WHEREAS, the California Supreme Court, in Long Beach Police Officers Assn. v.
City of Long Beach (1988) 46 Cal.3d 736, 738, held that Government Code Section 1126 was intended merely to illustrate the types of outside employment activities that may be subject to local-agency control, and does not limit a local agency’s power to impose additional restrictions on outside employment activities not specifically delineated in the statute; and
WHEREAS, the City is responsible for local affairs and certain core public functions, including providing for public safety, public services, and the health and welfare of the residents within its municipal jurisdiction; and City Council 24 – 3 10/6/2026
Ordinance No. NS-XXX
WHEREAS, since early 2025, Santa Ana and neighboring Orange County communities have experienced heightened civil immigration enforcement activity which has led to fear in the community and disruption of the daily lives of many residents; and WHEREAS, Santa Ana is home to a large and diverse immigrant population, and City services depend on the willingness of all residents — regardless of immigration status — to report crimes, seek emergency assistance, access public health and safety services, and otherwise participate in civic life without fear that doing so will expose them, their families, or their neighbors to civil immigration enforcement; and WHEREAS, the City Council finds that outside employment by City employees — sworn and civilian alike — involving the investigation, arrest, detention, transport, or deportation of individuals pursuant to civil immigration law, whether performed for U.S.
Immigration and Customs Enforcement (“ICE”), U.S. Customs and Border Protection, any other component of the U.S. Department of Homeland Security, or a private contractor performing such functions under federal authority, creates an actual and perceived conflict of interest, exposes the City employee to divided loyalties between their City duties and outside compensation, and undermines community trust in City government generally and in the Santa Ana Police Department in particular; and WHEREAS, this erosion of trust would be compounded if residents and members of the public were unable to distinguish City employees engaged in official City business from City employees engaged in outside employment in civil immigration enforcement and this would impair the City’s ability to safely and effectively deliver services to all residents; and
WHEREAS, the City believes there is a need to protect City personnel from divided loyalty and to avoid actual or perceived conflicts of interest in its workforce that could erode community trust and obstruct civic engagement;
NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows:
SECTION 1. The recitals above are true, correct and each incorporated herein by reference and adopted as findings by the Santa Ana City Council (“City Council”).
SECTION 2. Section 9-16 of the Santa Ana Municipal Code is hereby amended to read in full as follows (new language is underlined and deleted language is stricken):
Sec. 9-16. - Outside employment.
(a) Employees in the competitive service shall not engage in any employment or sales or service outside of their regular city employment, except with the written approval of the department head and consistent with the city’s outside employment policy approved by the city manager or a policy adopted by the chief of police for employees in the police department. and consent of the city manager. Such City Council 24 – 4 10/6/2026
Ordinance No. NS-XXX
permission may be granted for intermittent or casual employment in sales, services or in connection with educational programs, if the request contains a statement as to the nature and frequency of the employment. The said application shall be denied by the department head or city manager if he or she the department head has the The policy shall include, but is not limited to, an assessment regarding whether there is reasonable cause to believe that such outside employment will be inconsistent, incompatible, in conflict, or interferes in any way with the proper performance of the duties as a city employee. Permission to engage in outside employment will be granted for a period not to exceed six (6) months and extensions may be granted by the department head for additional six-month periods. The personnel board may, upon request of the employee, review any action taken pursuant to the provisions of this section and report its findings to the city council and the city manager. (b) No employee of the City, whether part of the competitive service or excepted from competitive service, may engage in any outside employment involving Civil Immigration Enforcement.
(c) For purposes of this section “Civil Immigration Enforcement” means any and all employment, activity, enterprise, work, service, or counsel, performed for compensation, to investigate or assist in the investigation of, or to enforce or assist in the enforcement of, any civil immigration law against a natural person, which shall include, but is not limited to, the arrest, detention, transport, or deportation of an individual pursuant to civil immigration law, and any employment, activity, enterprise, work or service related to the detention or administrative confinement of a natural person while that person awaits a decision on their immigration status, potential removal, or potential deportation. Such civil immigration enforcement activity includes activity performed for, on behalf of, or under contract with U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any other office, division, or component of the U.S. Department of Homeland Security as it is currently known or as its name may be amended from time to time, and includes such activity performed for a private entity or contractor performing such functions under federal authority.
(d) Armed forces exception. Subsection (b) shall not be construed to restrict, an employee’s service as a member of any branch of the Armed Forces of the United States, including the California National Guard or other reserve component, performed pursuant to military orders or in the employee’s capacity as a service member, regardless of whether that service may include duties relating to Civil Immigration Enforcement.
SECTION 3. Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, City Council 24 – 5 10/6/2026
Ordinance No. NS-XXX
subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.
SECTION 4. CEQA Determination. The City Council finds that this Ordinance Amendment is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. The Ordinance Amendment is further not subject to CEQA as an organizational and administrative activity of government under Guidelines Section 15378(b)(5).
SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption.
SECTION 6. Publication. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law.
ADOPTED this ___ day of __________________, 2026.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
_______________________________
Brandon Salvatierra
Assistant City Attorney
City Council 24 – 6 10/6/2026
Ordinance No. NS-XXX
AYES: Councilmembers: ________________________________________ NOES: Councilmembers: ________________________________________ ABSTAIN: Councilmembers: ________________________________________ NOT PRESENT: Councilmembers: ________________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No.
NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _________________, 2026.
Date: ________________ ____________________________________ City Clerk
City of Santa Ana
City Council 24 – 7 10/6/2026
Police Department and Human Resources
www.santa-ana.gov/pd
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 15, 2026
TOPIC: Outside Employment
AGENDA TITLE
Ordinance Amending Section 9-16 of the Santa Ana Municipal Code to Prohibit All City of Santa Ana Employees from Outside Employment Regarding Civil Immigration Enforcement and to Make Other Minor Revisions
RECOMMENDED ACTION
Introduce for first reading an Ordinance of the City Council of the City of Santa Ana, California Amending Section 9-16 of the Santa Ana Municipal Code to Update and Prohibit City Employees from Engaging in Outside Employment Involving Civil Immigration Enforcement, Including with or on Behalf of U.S. Federal Immigration and Customs Enforcement;
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 9-16 OF THE SANTA ANA
MUNICIPAL CODE TO PROHIBIT CITY EMPLOYEES FROM ENGAGING IN
SECONDARY EMPLOYMENT INVOLVING CIVIL IMMIGRATION ENFORCEMENT, INCLUDING WITH OR ON BEHALF OF U.S. FEDERAL IMMIGRATION AND CUSTOMS
ENFORCEMENT
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
In December 2016, the Santa Ana City Council adopted Resolution No. 2016-086 and Ordinance No. NS-2908, declaring Santa Ana a sanctuary city and generally prohibiting the use of City resources or personnel to assist with federal civil immigration enforcement, except as required by law.
In 2017, California enacted Senate Bill 54, the California Values Act, which similarly limits the use of state and local law-enforcement resources for federal civil immigration enforcement while allowing specified cooperation involving judicial warrants, qualifying criminal histories, and certain criminal task forces.
City Council 24 – 8 10/6/2026
Outside Employment Ordinance Amendment
September 15, 2026
At its May 19, 2026 meeting, the City Council considered separate City Councilmember requests concerning secondary employment involving civil immigration enforcement.
Following Council discussion, the City Council directed staff to prepare an ordinance codifying a prohibition on immigration-related secondary (i.e., outside) employment for all City of Santa Ana employees.
The City Council further directed staff to develop clear definitions narrowly limiting the prohibition to secondary employment involving immigration-enforcement activities. The Council clarified that the ordinance should not prohibit service in the United States Armed Forces, including reserve service, or categorically prohibit employment with agencies operating under the United States Department of Homeland Security. Rather, the ordinance should apply based on whether an employee’s outside employment duties involve immigration-enforcement activities, such as arresting, detaining, transporting, or deporting individuals pursuant to civil immigration laws.
The proposed ordinance makes modifications to Section 9-16 of the Municipal Code regarding outside employment to reference current City and Santa Ana Police Department policies which contain details regarding applying for approval of outside employment, approval, and appeal process for outside employment and adds a prohibition on outside employment involving civil immigration enforcement for all City employees as directed by the City Council.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and state CEQA guidelines, the adoption of this ordinance is not subject to the requirements of CEQA pursuant to Guidelines Sections 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. The Ordinance Amendment is further not subject to CEQA as an organizational and administrative activity of government under Guidelines Section 15378(b)(5).
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Ordinance amendment
Submitted by: Robert Rodriguez, Police Chief, and
Lori Schnaider, Executive Director of Human Resources
Approved by: Alvaro Nuñez, City Manager
City Council 24 – 9 10/6/2026
Planning and Building Agency
www.santa-ana.gov/pba
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 6, 2026
TOPIC: Sunshine Ordinance Amendment – Ordinance Amendment No. 2026-03 to Amend a Portion of Chapter 2 (Administration) of the Santa Ana Municipal Code Relating to Public Notices for Community Meetings – Second Reading
AGENDA TITLE
Second Reading and Adoption of Ordinance Amendment No. 2026-03 to Amend Article II.II of Chapter 2 (Administration) of the Santa Ana Municipal Code Related to Noticing, Meeting Format, and Transparency Measures for Community Meetings for Certain Development Projects
First reading at the September 15, 2026, City Council Meeting and approved by a vote of 7-0.
Published in the OC Reporter on September 21, 2026.
RECOMMENDED ACTION
1. Conduct a second reading and adopt an ordinance approving Ordinance Amendment No. 2026-03 to amend Section 2-153 in Article II.II of Chapter 2 of the Santa Ana Municipal Code relating to public input through community meetings; and ORDINANCE NO. NS-3101 entitled ORDINANCE AMENDMENT NO. 2026-03 – AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION) OF THE SANTA ANA MUNICIPAL CODE
RELATING TO PUBLIC INPUT THROUGH COMMUNITY MEETINGS
2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further review under state CEQA Guidelines Sections 15061(b)(3) and 15061(b)(5).
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
On September 15, 2026, the City Council conducted a first reading of Ordinance Amendment No. 2026-03 to amend Section 2-153 in Article II.II of Chapter 2 City Council 25 – 1 10/6/2026
Sunshine Ordinance Amendment – Ordinance Amendment No. 2026-03 (Citywide) – Second Reading
October 6, 2026
(Administration) of the Santa Ana Municipal Code (SAMC) relating to public input through community meetings. Following staff’s presentation, public testimony, and City Council discussion, the City Council introduced the ordinance for first reading by a 7:0 vote. The ordinance requires a second reading and adoption to become effective November 5, 2026.
During discussion of the proposed ordinance, the City Council directed staff to revise Section 2-153(d) to clarify that the notice of public hearing shall be posted to the property and that the notice be: 1) at minimum 11-inches by 17-inches (11”x17”) in size; 2) be printed on fluorescent-yellow poster board; 3) that the notice title at the top reading “Public Hearing Notice” be three and a half inches (3½”) in size; and 4) that the notice title be written in English, Spanish, Vietnamese, and Khmer.
This change was deemed to be included in the first reading and has been incorporated into the ordinance. The proposed amendments to the ordinance are depicted in Exhibit
1. No other substantive changes have been made to the ordinance following first reading.
The final version of the ordinance is attached as Exhibit 2.
ENVIRONMENTAL IMPACT
The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. As a result, a Notice of Exemption, Environmental Review No. 2026-054, will be filed upon adoption of this ordinance.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT
1. Ordinance for OA No. 2026-03 – Redline (Second Reading)
2. Ordinance for OA No. 2026-03 – Clean (Second Reading) Submitted By: Ali Pezeshkpour, Executive Director, Planning and Building Agency Approved By: Alvaro Nuñez, City Manager
City Council 25 – 2 10/6/2026
Ordinance No. NS-XXX
ORDINANCE NO. NS-XXX
ORDINANCE AMENDMENT NO. 2026-03 – AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION)
OF THE SANTA ANA MUNICIPAL CODE RELATING TO
PUBLIC INPUT THROUGH COMMUNITY MEETINGS TO
REQUIRE ON-SITE NOTICING
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:
A. On October 15, 2012, the City Council enacted the Sunshine Ordinance (Ordinance No. NS-2838) as found in Chapter 2 (Administration) of the Santa Ana Municipal Code (SAMC) to ensure that the people of Santa Ana remain in control of the government they have created.
B. Periodically, the City Council has adopted amendments to the Sunshine Ordinance to expand the number of required meetings, increase the notification radius, establish meeting format and presentation requirements, and make clarifying edits to application processing timelines.
C. In 2023, the City Council adopted Ordinance No. NS-3040, updating the Sunshine Ordinance to increase transparency, awareness, and public engagement opportunities through establishing meeting format and presentation requirements, increase the noticing area, and make clarifying edits to application processing timelines.
D. In 2024, the City Council adopted Ordinance No. NS-3057, amending Chapter 2(Administration), Section 2-153 (Public input through community meetings prior to discretionary approval) by adding specific development amendments to the list of development projects types to which the Sunshine Ordinance applies.
E. Ordinance Amendment No. 2026-03 amends Chapter 2 (Administration), Section 2-153 (Public input through community meetings prior to discretionary approval) by correcting an error in a prior amendment to the section that inadvertently omitted the requirement for on-site posting of public notice for qualifying projects.
F. On September 15, 2026, the City Council considered the staff report, recommendations by staff, and public testimony concerning Ordinance Amendment No. 2026-03.
Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and City Council 25 – 3 10/6/2026
Ordinance No. NS-XXX
Sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. As a result, Environmental Review No. 2026-054 will be filed upon adoption of this ordinance.
Section 3. Section 2-153 (Public input through community meetings prior to discretionary approval) of Chapter 2 of the SAMC is hereby amended to read as follows:
Sec. 2-153. – Public input through community meetings prior to discretionary approval. (a) Applicability. The requirements of this article apply to development projects requiring discretionary approval and that meet one or more of the following criteria:
(1) City-sponsored development projects;
(2) New residential projects containing twenty-five (25) or more units, except that the director of the Planning and Building Agency may exempt a developer from one or more of the requirements of this article if, in the case of affordable housing, the developer can show that it will be in jeopardy of losing tax credits, or if an applicable project does not require a resubmittal following initial submittal;
(3) New non-residential projects (including additions to existing buildings) of ten thousand (10,000) square feet or more and which are, in the determination of the city, subject to a negative declaration, mitigated negative declaration or environmental impact report as defined under the California Environmental Quality Act;
(4) Development projects requiring a zone change, specific plan amendment, or general plan amendment.
(b) Number and timing of community meeting. For those development projects that meet the criteria listed in subsection 2-153(a), the applicant shall hold two (2) community meetings. The first community meeting shall be held no later than twenty (20) days after submittal of an application for administrative development project review. The second community meeting shall be held at least ten (10) days prior to the development project being resubmitted by the applicant to the City after receipt of comments resulting from the City’s development project review. Should the applicant fail to hold the community meetings within this time, the development project resubmittal will be deemed incomplete and not accepted until such time as the community meetings are held and the information per subsection (h) is provided to the City.
City Council 25 – 4 10/6/2026
Ordinance No. NS-XXX
(c) Noticing.
(1) Notice of any community meeting and public hearing held for development projects that meet the criteria listed in subsection 2-153(a) shall be provided to all property owners and at least one (1) occupant per tenant space having a valid United States Postal Service address within:
a. A 2,000-foot radius of the subject property within the city boundary; and b. A 300-foot radius of the subject property where the notification radius extends over the city boundary into another jurisdiction. (2) Notice of any public hearings for projects that do not meet the criteria listed in subsection 2-153(a) shall be provided to all property owners, and at least one (1) occupant per tenant space having a valid United States Postal Service address within:
a. A 1,000-foot radius of the subject property within the city boundary; and b. A 300-foot radius of the subject property where the notification extends over the city boundary into another jurisdiction.
(3) Said notices shall be mailed no less than ten (10) days prior to the community meeting or public hearing. The notice shall also be posted on the city’s development project website if the project meets the criteria listed in subsection 2-153(a), posted on the property where the development project is proposed, and published in a newspaper of general circulation no less than ten (10) days prior to the community meeting or public hearing.
The city shall then post the notice on the city's website. It shall be the sole responsibility of the applicant to prepare and distribute notices for any required community meeting.
(d) Notice content. The notice shall include the time, place and date of the community meeting; a map depicting the location of the subject property, including the properties contained within the notification boundary; a brief description of the project; and the applicant's contact information. The notice shall be written in English and Spanish and include instructions as to how to request language interpretation services for those wishing to have interpretation during the community meeting in languages other than English and Spanish. A notice of public hearing posted on the property shall be affixed to a fluorescentyellow poster board measuring a minimum of 11 X 17 inches with no less than a 3 ½ inch title at the top reading “Public Hearing Notice” written in English, Spanish, Vietnamese and Khmer.
(e) Community meeting time and place. Community meetings shall be held either on a weeknight during the early evening hours or on a Saturday. The meetings shall be held in any facility that is accessible to the public and that is no more than one (1) mile from the project site. Should there not be any such facilities City Council 25 – 5 10/6/2026
Ordinance No. NS-XXX
available in the required area, the applicant may arrange, at their own expense and subject to availability, to use the next closest city facility. (f) Community meeting language interpretation. The applicant shall provide language interpretation services for in-person attendees in Spanish during all required meetings. Should the applicant receive a written request for language interpretation services for languages other than Spanish no later than forty-eight (48) hours prior to the meeting, the applicant shall provide interpretation services for in-person attendees in the language requested. It shall be the applicant's responsibility to arrange for such services to be available at the community meeting.
(g) Community meetings format and content. The applicant shall provide and hold all required community meetings in accordance with all of the following:
(1) Give, at minimum, a single presentation detailing the components of the proposed development project and a description of any impacts or benefits to the community.
(2) Provide contact information whereby individuals can contact the applicant to solicit further information.
(3) Allocate sufficient time for the attendees to pose questions and provide input.
(4) Livestream the meeting and subsequent questions and discussion on a publicly-accessible streaming platform.
(5) Provide the City with a video and audio recording of the presentation and subsequent questions and discussion to post to the City’s project webpage. (6) Provide a summary of the presentation and questions and answers provided during the first meeting as part of the presentation at the second meeting.
(7) Provide a description of all specific community-suggested input and/or proposed changes to the project which were discussed at the first meeting and identify which community-suggested items were incorporated into a revised project scope. To the extent any community-suggested input and/or proposed changes were not incorporated into a revised project scope, the applicant shall describe in the presentation for the second meeting why those items were not included within the revised project scope, if applicable.
(8) Detailed minutes of the meetings including a written record of the comments provided by the community members.
(h) Providing information to city after community meeting. Not more than four (4) days following the community meeting, the developer shall submit to the city an City Council 25 – 6 10/6/2026
Ordinance No. NS-XXX
affidavit under penalty of perjury that the required community meetings were held in compliance with this section and will submit copies of all notices, notification lists, site postings, advertisements, or other communications used to publicize the meetings. The applicant shall also provide to the city a copy of the presentation materials, minutes and the written record of, and response to, the public comments made at each community meeting, and the video and audio recording of the meeting. The public input will be made part of the public record and included on the City’s project’s website and as attachments to planning commission staff reports. Should the applicant fail to provide the city all information and materials by timelines required under this subsection, any development project application resubmittal will be deemed incomplete and not accepted until such time as all required information and materials are provided. (i) Notice. Notice of planning commission public hearings shall be in conformance with the requirements provided in subsection 2-153(c), except that it shall be the responsibility of the applicant to provide the director of planning and development services the mailing lists of the names and addresses of those entitled to receive notice under subsection 2-153(c). The noticing provisions contained subsection 2-153(c) shall supersede those contained in section 41- 672.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 5. This ordinance shall become effective thirty (30) days after its adoption.
Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. [Signatures on the following page]
City Council 25 – 7 10/6/2026
Ordinance No. NS-XXX
ADOPTED this _______ day of ___________, 2026.
_________________________
Valeria Amezcua
Mayor
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers: _________________________________ NOES: Councilmembers: _________________________________ ABSTAIN: Councilmembers: _________________________________ NOT PRESENT: Councilmembers: _________________________________ City Council 25 – 8 10/6/2026
Ordinance No. NS-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ______________, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-______ to be the original ordinance adopted by the City Council of the City of Santa Ana on _____________________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.
Date: ______________________ ________________________________ City Clerk
City of Santa Ana
City Council 25 – 9 10/6/2026
Ordinance No. NS-XXX
ORDINANCE NO. NS-XXX
ORDINANCE AMENDMENT NO. 2026-03 – AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 2 (ADMINISTRATION)
OF THE SANTA ANA MUNICIPAL CODE RELATING TO
PUBLIC INPUT THROUGH COMMUNITY MEETINGS TO
REQUIRE ON-SITE NOTICING
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:
A. On October 15, 2012, the City Council enacted the Sunshine Ordinance (Ordinance No. NS-2838) as found in Chapter 2 (Administration) of the Santa Ana Municipal Code (SAMC) to ensure that the people of Santa Ana remain in control of the government they have created.
B. Periodically, the City Council has adopted amendments to the Sunshine Ordinance to expand the number of required meetings, increase the notification radius, establish meeting format and presentation requirements, and make clarifying edits to application processing timelines.
C. In 2023, the City Council adopted Ordinance No. NS-3040, updating the Sunshine Ordinance to increase transparency, awareness, and public engagement opportunities through establishing meeting format and presentation requirements, increase the noticing area, and make clarifying edits to application processing timelines.
D. In 2024, the City Council adopted Ordinance No. NS-3057, amending Chapter 2(Administration), Section 2-153 (Public input through community meetings prior to discretionary approval) by adding specific development amendments to the list of development projects types to which the Sunshine Ordinance applies.
E. Ordinance Amendment No. 2026-03 amends Chapter 2 (Administration), Section 2-153 (Public input through community meetings prior to discretionary approval) by correcting an error in a prior amendment to the section that inadvertently omitted the requirement for on-site posting of public notice for qualifying projects.
F. On September 15, 2026, the City Council considered the staff report, recommendations by staff, and public testimony concerning Ordinance Amendment No. 2026-03.
Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and City Council 25 – 10 10/6/2026
Ordinance No. NS-XXX
Sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. As a result, Environmental Review No. 2026-054 will be filed upon adoption of this ordinance.
Section 3. Section 2-153 (Public input through community meetings prior to discretionary approval) of Chapter 2 of the SAMC is hereby amended to read as follows:
Sec. 2-153. – Public input through community meetings prior to discretionary approval. (a) Applicability. The requirements of this article apply to development projects requiring discretionary approval and that meet one or more of the following criteria:
(1) City-sponsored development projects;
(2) New residential projects containing twenty-five (25) or more units, except that the director of the Planning and Building Agency may exempt a developer from one or more of the requirements of this article if, in the case of affordable housing, the developer can show that it will be in jeopardy of losing tax credits, or if an applicable project does not require a resubmittal following initial submittal;
(3) New non-residential projects (including additions to existing buildings) of ten thousand (10,000) square feet or more and which are, in the determination of the city, subject to a negative declaration, mitigated negative declaration or environmental impact report as defined under the California Environmental Quality Act;
(4) Development projects requiring a zone change, specific plan amendment, or general plan amendment.
(b) Number and timing of community meeting. For those development projects that meet the criteria listed in subsection 2-153(a), the applicant shall hold two (2) community meetings. The first community meeting shall be held no later than twenty (20) days after submittal of an application for administrative development project review. The second community meeting shall be held at least ten (10) days prior to the development project being resubmitted by the applicant to the City after receipt of comments resulting from the City’s development project review. Should the applicant fail to hold the community meetings within this time, the development project resubmittal will be deemed incomplete and not accepted until such time as the community meetings are held and the information per subsection (h) is provided to the City.
City Council 25 – 11 10/6/2026
Ordinance No. NS-XXX
(c) Noticing.
(1) Notice of any community meeting and public hearing held for development projects that meet the criteria listed in subsection 2-153(a) shall be provided to all property owners and at least one (1) occupant per tenant space having a valid United States Postal Service address within:
a. A 2,000-foot radius of the subject property within the city boundary; and b. A 300-foot radius of the subject property where the notification radius extends over the city boundary into another jurisdiction. (2) Notice of any public hearings for projects that do not meet the criteria listed in subsection 2-153(a) shall be provided to all property owners, and at least one (1) occupant per tenant space having a valid United States Postal Service address within:
a. A 1,000-foot radius of the subject property within the city boundary; and b. A 300-foot radius of the subject property where the notification extends over the city boundary into another jurisdiction.
(3) Said notices shall be mailed no less than ten (10) days prior to the community meeting or public hearing. The notice shall also be posted on the city’s development project website if the project meets the criteria listed in subsection 2-153(a), posted on the property where the development project is proposed, and published in a newspaper of general circulation no less than ten (10) days prior to the community meeting or public hearing.
The city shall then post the notice on the city's website. It shall be the sole responsibility of the applicant to prepare and distribute notices for any required community meeting.
(d) Notice content. The notice shall include the time, place and date of the community meeting; a map depicting the location of the subject property, including the properties contained within the notification boundary; a brief description of the project; and the applicant's contact information. The notice shall be written in English and Spanish and include instructions as to how to request language interpretation services for those wishing to have interpretation during the community meeting in languages other than English and Spanish. A notice of public hearing posted on the property shall be affixed to a fluorescentyellow poster board measuring a minimum of 11 X 17 inches with no less than a 3 ½ inch title at the top reading “Public Hearing Notice” written in English, Spanish, Vietnamese and Khmer.
(e) Community meeting time and place. Community meetings shall be held either on a weeknight during the early evening hours or on a Saturday. The meetings shall be held in any facility that is accessible to the public and that is no more than one (1) mile from the project site. Should there not be any such facilities City Council 25 – 12 10/6/2026
Ordinance No. NS-XXX
available in the required area, the applicant may arrange, at their own expense and subject to availability, to use the next closest city facility. (f) Community meeting language interpretation. The applicant shall provide language interpretation services for in-person attendees in Spanish during all required meetings. Should the applicant receive a written request for language interpretation services for languages other than Spanish no later than forty-eight (48) hours prior to the meeting, the applicant shall provide interpretation services for in-person attendees in the language requested. It shall be the applicant's responsibility to arrange for such services to be available at the community meeting.
(g) Community meetings format and content. The applicant shall provide and hold all required community meetings in accordance with all of the following:
(1) Give, at minimum, a single presentation detailing the components of the proposed development project and a description of any impacts or benefits to the community.
(2) Provide contact information whereby individuals can contact the applicant to solicit further information.
(3) Allocate sufficient time for the attendees to pose questions and provide input.
(4) Livestream the meeting and subsequent questions and discussion on a publicly-accessible streaming platform.
(5) Provide the City with a video and audio recording of the presentation and subsequent questions and discussion to post to the City’s project webpage. (6) Provide a summary of the presentation and questions and answers provided during the first meeting as part of the presentation at the second meeting.
(7) Provide a description of all specific community-suggested input and/or proposed changes to the project which were discussed at the first meeting and identify which community-suggested items were incorporated into a revised project scope. To the extent any community-suggested input and/or proposed changes were not incorporated into a revised project scope, the applicant shall describe in the presentation for the second meeting why those items were not included within the revised project scope, if applicable.
(8) Detailed minutes of the meetings including a written record of the comments provided by the community members.
(h) Providing information to city after community meeting. Not more than four (4) days following the community meeting, the developer shall submit to the city an City Council 25 – 13 10/6/2026
Ordinance No. NS-XXX
affidavit under penalty of perjury that the required community meetings were held in compliance with this section and will submit copies of all notices, notification lists, site postings, advertisements, or other communications used to publicize the meetings. The applicant shall also provide to the city a copy of the presentation materials, minutes and the written record of, and response to, the public comments made at each community meeting, and the video and audio recording of the meeting. The public input will be made part of the public record and included on the City’s project’s website and as attachments to planning commission staff reports. Should the applicant fail to provide the city all information and materials by timelines required under this subsection, any development project application resubmittal will be deemed incomplete and not accepted until such time as all required information and materials are provided. (i) Notice. Notice of planning commission public hearings shall be in conformance with the requirements provided in subsection 2-153(c), except that it shall be the responsibility of the applicant to provide the director of planning and development services the mailing lists of the names and addresses of those entitled to receive notice under subsection 2-153(c). The noticing provisions contained subsection 2-153(c) shall supersede those contained in section 41- 672.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 5. This ordinance shall become effective thirty (30) days after its adoption.
Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. [Signatures on the following page]
City Council 25 – 14 10/6/2026
Ordinance No. NS-XXX
ADOPTED this _______ day of ___________, 2026.
_________________________
Valeria Amezcua
Mayor
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: _________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers: _________________________________ NOES: Councilmembers: _________________________________ ABSTAIN: Councilmembers: _________________________________ NOT PRESENT: Councilmembers: _________________________________ City Council 25 – 15 10/6/2026
Ordinance No. NS-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ______________, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-______ to be the original ordinance adopted by the City Council of the City of Santa Ana on _____________________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.
Date: ______________________ ________________________________ City Clerk
City of Santa Ana
City Council 25 – 16 10/6/2026
Public Works Agency
www.santa-ana.gov/pw
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 6, 2026
TOPIC: Citywide Residential Permit Parking Study Update
AGENDA TITLE
Citywide Residential Permit Parking Study Update
RECOMMENDED ACTION
1. Receive and File a Staff Report and Presentation Regarding the Findings and Recommendations from the 2026 Citywide Permit Parking Study.
2. Discuss the Recommended Changes from the Study and Provide Direction to Staff.
3. Direct Staff to Prepare and Present an Action and Implementation Plan for Updating the Residential Permit Parking Program for Consideration by the City Council at a Future Meeting.
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
BACKGROUND AND STUDY PROCESS
The City of Santa Ana’s Residential Permit Parking Program was established by Ordinance NS-1919 on July 20, 1987 to limit intrusion of nonresidential and commuter parking into residential neighborhoods through permit parking districts established by City Council Resolution. The Program now includes 27 districts and approximately 9,000 active permits.
In 2018, City Council directed Public Works to examine and perform a pilot study on two permit parking districts in response to parking-related service requests and neighborhood concerns. The pilot study found parking shortages in portions of the parking districts and differences in parking conditions between single-family and multifamily areas. Specifically, the pilot study identified a lack of parking and access to permit parking for multi-family residences. Additionally, the study found a deficiency in enforcement and adherence to the parking restrictions; the available enforcement City Council 26 – 1 10/6/2026
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resources were insufficient for the permit parking program demand and, as a result, many unpermitted vehicles were parking in permit required areas.
The City launched a broader citywide permit parking study (Study) in 2022, and awarded a contract to Dixon Resources Unlimited and Fehr & Peers on September 6, 2022 (Exhibit 1) to perform the study. This effort built on the results of the 2018–2019 pilot study (Exhibit 2) and was initiated in response to persistent parking-related service requests and neighborhood concerns. Multi-family residences expressed clear concerns about the inequity of the program caused by the exclusion of multi-family residences from participating in the program. Additional concerns were raised about the challenging administrative process to obtain a parking permit and inadequate enforcement.
Recurring concerns included limited evening and overnight parking, difficulty accommodating guests, long-term vehicle storage, parking impacts associated with higher-density development, inconsistent enforcement, and a manual permit process.
These concerns shaped the Study and its recommendations.
The outreach effort associated with the Study was extensive and citywide generating over 900,000 unique touchpoints and 185,000 community members. The City conducted more than 75 neighborhood, Town Hall, community, and virtual meetings and presentations. The multilingual Citywide Parking Survey received 4,072 completed responses in English, Spanish, and Vietnamese, followed by meetings in all six Council Wards, citywide virtual and community meetings, parking-utilization meetings, and Technical Advisory Committee presentations. The Outreach and Engagement Summary Report is provided in Exhibit 3.
The Study identified a need for a simpler and more equitable permit structure, clearer district rules, modern permit administration, improved enforcement, and district boundaries that better reflect actual parking conditions. A summary of the current permit parking program is included in Exhibit 4. The complete Study conducted by the consultant is provided in Exhibit 5.
KEY FINDINGS FROM THE STUDY
Key findings of the Study are:
• The manual permit process and existing enforcement approach create administrative burdens and inconsistent customer service. A web-based Permit Management System would improve online administration, annual renewal, digital permits/guest passes, reporting, and enforcement integration. • Residential permit parking enforcement is insufficient for the current demand.
The available enforcement resources are insufficient for the permit parking program demand and, as a result, many unpermitted vehicles park in permit required areas.
• Street curbside parking conditions vary substantially by neighborhood. Parking districts ranged from relatively low utilization to districts approaching the 85% City Council 26 – 2 10/6/2026
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occupancy level used to trigger parking-management review. For example, Willard Parking District averaged approximately 85% peak occupancy while Northwest Parking District averaged approximately 39%.
• Permit restrictions generally reduce congestion on restricted streets, but can shift demand to nearby unrestricted streets. District boundaries therefore need to be technically evaluated to address spillover.
• Current permit eligibility is inconsistent across housing types: qualifying singlefamily homes may receive up to three permits and 75 annual guest passes, while some multi-family units generally receive one permit per dwelling unit and no guest passes and larger multi-family units receive no permits at all. • The 2016 California Attorney General Opinion supports comparable Residential Permit Parking eligibility without distinguishing residents solely by dwelling type.
The proposed permit quantity allocation is a City policy choice informed by that legal framework; the Opinion does not prescribe a specific permit quantity but it must be equal.
The Study’s recommended direction is to move from a largely manual, one-size-fits-all program toward a transparent, technology-supported program that establishes a consistent citywide baseline while managing individual districts based on actual parking supply and observed demand. A summary of key findings, including how the findings informed the recommendations is included in Exhibit 6.
RECOMMENDED CHANGES FROM THE STUDY
These are the recommended changes identified by the Study. • Permit Administration. Implement an automated, web-based Permit Management System with digital, license plate-based permits and guest passes while retaining accessible in-person options to allow residents to purchase permits at City Hall.
• Enforcement. Fund additional enforcement resources and evaluate license plate reader technology for permit compliance.
• Permit Allocation. Establish a first-come, first-served allocation of up to two (2) permits per qualifying single-family residence and two (2) permits per qualifying multi-family dwelling unit, subject to available physical curb capacity and future monitoring.
• Program Guidelines. Update the Program Guidelines document and post on City’s website to reflect the Study recommendations.
• District Boundaries. Use Neighborhood Association boundaries as the initial framework, then refine boundaries based on occupancy, curb capacity, blockface configuration, land use/housing type, existing permit blocks, spillover, permit demand, and community input.
• Existing Districts. Existing permit parking blocks can either opt-out (dissolve the permit restriction) or be grandfathered into the new program without requiring a City Council 26 – 3 10/6/2026
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new petition, while applying the updated program rules to all participating properties.
• Fee Structure. Modernize the program fee structure to ensure the program is not subsidized by the General Fund.
• Permit Fee. Update the City’s Miscellaneous Fee Schedule and revise the current fee from $93 bi-annually (up to 3 permits) to a new structure of $40 annually per permit.
• Guest Parking. Provide up to 100 annual guest passes for each qualifying single-family residence or multi-family dwelling unit, at $2 per guest pass. Guest passes are valid for 24 hours.
• Permit Cycle. Convert the permit cycle from two (2) years to an annual renewal on a rolling basis to improve eligibility verification, data accuracy, and program monitoring.
• Continue Parking Supply and Demand Management. Continue evaluating the potential for shared parking agreements, partnerships with institutional property owners, improved use of City-owned parking facilities, curb management, oversized-vehicle and long-term-storage strategies, and alternative transportation options. These measures can supplement permit controls and improve effective parking availability without relying exclusively on new infrastructure.
A more detailed description of the recommended Residential Permit Program Guidelines is included as Exhibit 7.
NEXT STEPS
With the City Council’s direction and authorization to move forward with the recommended changes from the Study, staff will initiate the preparation and planning work necessary for approval and implementation. This will include refining the recommended program framework and implementation strategy from the Study and identifying the specific actions necessary to implement the updated Residential Permit Parking Program, including the final Action and Implementation Plan, budget and timeline, revised Administrative Permit Parking Guidelines, proposed district boundary changes, permit allocation and petition requirements, Permit Management System agreement, enhanced enforcement approach, and any necessary Municipal Code or policy amendments.
The critical tasks and items for consideration to be included in the Action and Implementation Plan will include, but are not limited to, the following:
• Procurement and approval of a permit management system to transition the City's Residential Permit Parking Program to a technology-enabled permit administration system, including online permit management and license-platebased permits and guest passes. • Drafting and presentation of Resolution(s) to change Permit Parking District Boundaries to coincide with established Neighborhood Association City Council 26 – 4 10/6/2026
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