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HomeMy WebLinkAbout FULL AGENDA PACKET_2021-03-16March City Council Meeting Packet (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 :,,,tae to Goveurulrioir Caliiuln Illye so uli°a'" IIIIIIIIII'::Xe(�I�txtliiee ytirdeir aind ,tllhe f�flinty Cou1116iIIII's, of oca IIII IIII 'III° 1(Iflflii IIII IIII be III°°Ili o irn ee iii uln g IIIIci ca iii au uln fo iii °tllhe co ulio ulio a irm lii ty'to atte ulirl d Thai Viet Phan Councilmember —Ward 1 1� IEhffirri dlamtsa-Elaa.Lrg Jessie Lopez Councilmember - Ward 3 f���as�lie wit� aat"a ciY c. fn Johnathan Ryan Hernandez Councilmember - Ward 5 �IRy inI� t irui gLjfjf-fg.() ff int ftitt�=. glir� Sonia R. Carvalho City Attorney f a III IIII lii ; ini ec fli in ga Vicente Sarmiento Mayor VSarIrnlieInt.��( a� Irrifl:..aIr�a.¢�ur¢f ... rIII ^ El Kristine Ridge City Manager .o iLU David Penaloza Mayor Pro Tern - Ward 2 :I eurnaoza @ �f�saIrnta..auria oII°t Phil Bacerra Councilmember - Ward 4 .I��IIEtt��g^ir it z f�w�tmtirt� f�t� t irtt� . t�fitg Nelida Mendoza Councilmember - Ward 6 lyIffeirmdozaLi)��aIriia,,-, ilia.(:)rU Daisy Gomez Clerk of the Council t:�lityt:,llle�lrllk rff���.�lr�tr�-��Irn�a�.c:�ur�� In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/city-meetings. City Council 1 3/16/2021 CITY VISION AND CODE OF ETHICS — The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate - Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility - Innovation • Transparency Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: - Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency City Council 2 3/16/2021 Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan Mayor Pro Tem David Penaloza Mayor Vicente Sarmiento ManagerCity City Attorney Sonia R. Carvalho Clerk of the Council Daisy Gomez PUBLIC COMMENTS — Members of the public may address the City Council on items on the Closed Session Agenda may do so by: Comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items within the jurisdiction of the City, with the exception of public hearing items. Comments for public hearings will take place after the hearing is opened. This is being done to respect the time constraints of residents who cannot stay tuned late into the evening to comment on items that they feel strongly about. Individuals who would like to comment on an agenda item or make a general comment regarding a topic not in the meeting agenda may do so ahead of the meeting by: Email: Please email your comments by 4:00 p.m. on Regular Council meeting Tuesday, or as noticed for Special meetings, to eComment(a)santa-ana.org. Comments received after the cut-off time will be published soon after the meeting as part of the record as early as possible. OR DURING THE MEETING BY. - Zoom Webinar: Please click on or type the following address into your web browser https://us02web.zoom.us/i/315965149 Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149# when prompted. The public can begin joining the speaker queue at 4:30 p.m. In accordance with Council procedures, calls will not be accepted after the public comment session has begun. To be City Council 3 3/16/2021 sure that you are in the speaker queue, you must join the meeting by 6:00 p.m. To request to speak, dial *9 from your phone or virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. To watch the meeting without participating via these remote options: • YouTube LiveStream at www youtut.)a u u :urn uu rl: u a Ill....ullbira r • Channel CTV3, available on Spectrum channel 3 and AT&T U-verse channel 99 About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: Two Cases A. El Centro Cultural de Mexico B. 312-316 4th Street CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. RECONVENE — City Council will reconvene to continue regular City business. City Council 4 3/16/2021 INVOCATION• -1 Lope 1. Proclamation presented by Councilmembers Lopez, Mendoza and Phan to Wiseplace recognizing March as Women's History Month. 2. Certificate of Recognition presented by Mayor Pro Tem Penaloza to Paula Faccou for Outstanding Contributions to the Community. 3. COVID-19 Update in the Community. 4. Neighborhood Beautification Contest Presentation 5. Costa Mesa Freeway (SR-55) Improvement Project: 1-405 to 1-5 Aesthetic Features CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. CONSENTD. RECOMMENDED • Approve • _ r • on • • • Consent Calendar• • 6. Minutes from the regular meeting of January 19, 2021 Department(s): Clerk of the Council Recommended Action: Approve minutes. 7. Excused absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. City Council 5 3/16/2021 • 611'VA1A ' • Placed on first reading at the March 2, 2021 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on March 5, 2021. Department(s): City Managers Office, City Attorneys Office Recommended Action: Place ordinance on second reading and adopt. 9. Appoint various boards and commissions members nominated by Councilmember Phan as the Ward 1 representatives for a full term expiring December 10, 2024 Department(s): Clerk of the Council -1 0 1. Indigo Vu — Arts and Culture Commission - Pursuant to Senate Bill 225 2. Gary Wood — Environment and Transportation Advisory Commission (ETAC) 3. Keith Carpenter — Historic Resources Commission 4. Gabrielle Marcia Gutierrez — Parks, Recreation and Community Services Commission 10. Appoint Jennifer Oliva nominated by Mayor Pro Tern Penaloza as the Ward 2 representative to the Community Development Commission for a partial -term expiring December 13, 2022 Department(s): Clerk of the Council Recommended Action: Appoint Jennifer Oliva to the Community Development Commission representing Ward 2. 11. Appoint Alan Woo nominated by Councilmember Hernandez as the Ward 5 Representative to the Planning Commission for a full term expiring December 10, 2024 Department(s): Clerk of the Council Recommended Action: Appoint Alan Woo to Planning Commission representing Ward 5. 12. Appoint Alfredo Torreblanca nominated by Councilmember Mendoza as the Ward 6 representative to the Parks, Recreation and Community Services Commission for a partial -term expiring December 13, 2022 Department(s): Clerk of the Council City Council 6 3/16/2021 Recommended Action: Appoint Alfredo Torreblanca to the Parks, Recreation and Community Services Commission representing Ward 6 pursuant to Senate Bill 225. 13. Appoint various boards and commissions members nominated by Mayor Sarmiento as the Mayoral representatives for a full term expiring December 13, 2022 Department(s): Clerk of the Council - . -M IMTO 1. Tanya Navarro — Environment and Transportation Advisory Commission (ETAC) 2. Ginelle Hardy — Historic Resources Commission 14. Appoint Pierre Loubet and Daisy Campos for a partial term expiring May 31, 2022, Johanna Rivera for a partial term expiring May 31, 2023, and Doug Beaver and Bridget Kavanaugh for a partial term expiring May 31, 2024 to the Workforce Development Board representing Private Sector Business. Department(s): Community Development Agency Recommended Action: Appoint Pierre Loubet and Daisy Campos for a partial term expiring May 31, 2022, Johanna Rivera for a partial term expiring May 31, 2023, and Doug Beaver and Bridget Kavanaugh for a partial term expiring May 31, 2024 to the Workforce Development Board representing private sector business. 15. Approve Destruction of Obsolete City Records Department(s): Clerk of the Council Office, Police Department, Public Works Agency Recommended Action: Approve the requests for the destruction of obsolete records from the Police Department and Public Works Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014. 16. Cannabis Public Benefit Fund for Youth Services Informational Update Department(s): Parks, Recreation, and Community Services Recommended Action: Receive and file Cannabis Public Benefit Fund for Youth Services informational update. 17. Approve Appropriation Adjustments, Approve Amendments to the FY 2020-21 Capital Improvement Program, and Award a Construction Contract to Lonerock, Inc. in the Amount of $9,486,525 for the Warner Avenue Street Improvements Project With an Estimated Total Delivery Cost of $12,255,867 (Project Nos. 14-6802, 18-6424, 20- 6618) (General Fund and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment (2021-136) recognizing $1,992,867 of prior year fund balance in the Transportation System City Council 7 3/16/2021 Improvement Authority Area B Fund, Prior Year Carry Forward revenue account and appropriate the same amount to the Transportation System Improvement Authority Area B Fund, Improvements Other Than Building expenditure account. (Requires five affirmative votes.) 2. Approve an appropriation adjustment (2021-140) recognizing $1,225,000 of prior year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carry Forward revenue account and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes.) 3. Approve an appropriation adjustment (2021-133) recognizing $141,320 of prior year fund balance in the Local Drainage Area IV Fund, Prior Year Carry Forward revenue account and appropriate the same amount to the Public Works -Storm Drain Construction, Improvements Other Than Building expenditure account. (Requires five affirmative votes.) 4. Approve an appropriation adjustment (2021-135) recognizing $109,798 of prior year fund balance in the New Transportation System Improvement Area E Fund, Prior Year Carry Forward revenue account and appropriate the same amount to the New Transportation System Improvement Area E, Improvements Other Than Building expenditure account. (Requires five affirmative votes.) 5. Approve an appropriation adjustment (2021-137) recognizing the Fiscal Year 2018- 19 appropriation of $4,629,750 in Measure M2 Competitive grant funding in the Measure M Street Construction, Measure M2 Competitive revenue account and reappropriating the same amount to the Measure M Street Construction, Improvements Other Than Building expenditure account. (Requires five affirmative votes.) 6. Authorize reallocation of $255,000 in unspent Measure M2 Local Fairshare funds from the Local Street Preventative Maintenance FY 2018-19 (19-6942) Project to the Warner Avenue Improvements Project, to complete the project's funding requirement. 7. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program to include $1,992,867 in construction funds for the Warner Avenue Improvements Project (Project No. 14-6802). 8. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program to include $1,225,000 in construction funds for Warner Avenue Water Improvements Project (Project No. 18-6424). 9. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program to include $109,798 in construction funds for the Warner Avenue Storm Drain Improvements Project (Project No. 20-6618). 10. Award a construction contract to Lonerock, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $9,486,525, for construction of the Warner Avenue Improvements Project, for the term beginning March 16, 2021 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Council 8 3/16/2021 City Attorney. 11. Approve the Project Cost Analysis for a total estimated construction delivery cost of $12,255,867, which includes $9,486,525 for the construction contract, $1,614,197 for contract administration, inspection and testing; and a $1,155,145 project contingency for unanticipated or unforeseen work. 18. Approve Appropriation Adjustment Recognizing $500,000 in Grant Funding from the County of Orange for the Santa Ana Outdoor Safe Dining Program (Non -General Fund) Department(s): Community Development Agency Recommended Action: 1. Approve an appropriation adjustment (2021-141) recognizing grant funding from the County of Orange for the Santa Ana Outdoor Safe Dining Program in the amount of $500,000 in revenue account (No. 12418002- 52030) and appropriating the same amount to expenditure account (No. 12418810- 62300). (Requires five affirmative votes.) 2. Authorize the City Manager to execute agreements and approve any other required actions necessary with the County of Orange, vendors, and contractors, who will implement the Santa Ana Outdoor Safe Dining Program, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- XXX). 19. Award Blanket Purchase Order Contracts for Painting Contractor Services to US National Corp., Mear Construction Inc., Prime Painting Contractors Inc., GDL Painters Inc., and 1 Solorio Inc., in an Annual Aggregate Amount Not to Exceed $200,000 for up to a Five -Year Term (Specification No. 20-153) (General Fund and Non -General Fund) Department(s): Public Works Agency Recommended Action: Award blanket purchase order contracts for citywide painting contractor services to US National Corp, Mear Construction Corp., Prime Painting Contractors, Inc., GDL Painters, Inc., and 1 Solorio, Inc., for a two-year period beginning March 16, 2021, and expiring March 15, 2023, with provisions for three one-year renewal options exercisable by the City Manager, in an annual aggregate amount of $200,000, subject to non -substantive changes approved by the City Manager and City Attorney. 20. Award a Purchase Order to PB Loader Corporation in an Amount not to Exceed $645,844 for Two Compressed Natural Gas Palfinger Grapple Trucks (Specification No. 21-023) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to PB Loader Corporation for the purchase of two compressed natural gas Palfinger grapple trucks in the amount of $620,844, plus a contingency of $25,000, for City Council 9 3/16/2021 a total amount not to exceed $645,844, subject to non -substantive changes approved by the City Manager and City Attorney. 21. Award a Purchase Order to Quinn Company in an Amount not to Exceed $214,991 for One Caterpillar 926M Wheel Loader (Specification No. 21-022) (Non -General Fund) epartent(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Quinn Company for the purchase of one Caterpillar 926M Wheel Loader, in the amount of $204,991, plus a contingency of $10,000, for a total amount not to exceed $214,991, subject to non -substantive changes approved by the City Manager and City Attorney. 22. Award Construction Contract to All American Asphalt in the Amount of $305,598 for the Flower Street Rehabilitation from McFadden Avenue to 1 st Street Project with an Estimated Project Delivery Cost of $648,000 (Project No. 21-6976) (Non -General Fund) epartent(s): Public Works Agency Recommended Action: 1. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $305,598, for construction of Flower Street Rehabilitation from McFadden Avenue to 1 It Street Project, for the term beginning March 16, 2021 and ending upon project completion, and authorize the City Manager to execute the contract subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $648,000, which includes $305,598 for the construction contract, $61,120 for contract administration, inspection and testing, and a $281,282 project contingency for unanticipated or unforeseen work. 23. Approve an Amendment to the Agreement with SLS Property Solutions, Inc., to increase the Agreement amount by $160,000 for a total of $205,000, to extend the term to June 30, 2022, and to add a one-year renewal option ending on June 30, 2023 (General Fund and Non -General Fund) epartent(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute an agreement amendment with SLS Property Solutions, Inc., for property nuisance abatement services to increase the agreement amount by $160,000 for a total of $205,000, to extend the term of the agreement to June 30, 2022, and to add a one-year renewal option ending on June 30, 2023, exercisable by the City Manager subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 24. Approve an agreement with Invengo American Corp for a Radio Frequency City Council 10 3/16/2021 Identification system at Main and Newhope Branch Library for a total amount not to exceed $82,284.94 (General Fund) epartent(s): Library Recommended Action: Authorize the City Manager to execute an agreement with Invengo American Corp for a term of March 16, 2021 to March 15, 2024 for an Radio Frequency Identification (RFID) system to include a tagging project of all library materials and for the purchase of two self -checkout kiosks, eight Circulation Assistant pads, and four security gates at the Main and Newhope Branch Libraries for $72,280.54, a two-year software and hardware service support plan for $7,016, and a contingency fund for additional RFID tags or any services/equipment needs for $2,988.40, for a total amount not to exceed $82,284.94 to be funded by the General Fund, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 25. Approve Agreement With Kimley-Horn and Associates, Inc. for the Warner Avenue Protected Bike Lane Project in an Amount not to Exceed $93,990.51 for a Three -Year Term (Project No. 20-6971) (Non -General Fund) epartent(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Kimley-Horn and Associates Inc. to provide professional engineering services for the Warner Avenue Protected Bike Lane Project in the amount of $87,572.73, with a contingency of $6,417.78, for a total amount not to exceed $93,990.51, for a three- year term beginning March 16, 2021 and expiring March 15, 2024, with an option for two, one-year extensions, subject non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 26. Approve Amendments to the Agreements With Tetra Tech, Michael Baker International, Inc., Psomas, Stantec Consulting Services, Inc., NV5, Inc., Huitt-Zollars, Inc., Kimley-Horn and Associates, Inc., and TAIT & Associates, Inc., for On -Call Engineering Services, to Increase the Aggregate Amount by $950,000, for a Total Amount not to Exceed $2,950,000 for the Remaining Term of the Agreement (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute amendments to the agreements to provide on -call engineering services with Tetra Tech, Michael Baker International, Inc., Psomas; Stantec Consulting Services, Inc., NV5, Inc., Huitt-Zollars, Inc., Kimley-Horn and Associates, Inc., and TAIT & Associates, Inc., to increase the agreement amount by $950,000, for a total aggregate agreement amount not to exceed $2,950,000, for the remaining term of the agreement which began on April 21, 2020, and expires on April 21, 2023, with a provision for one two-year extension exercisable by the City Manager and City Attorney, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- XXX). City Council 11 3/16/2021 27. Approve Agreements with ABM Building Solutions, LLC, ACCO Engineered Systems, Envise, F.M. Thomas Air Conditioning, Inc., and South Coast Mechanical for As -Needed Repair of Heating, Ventilation, and Air Conditioning Systems at Various City Facilities, in an Aggregate Amount not to Exceed $2,875,000 for up to a Five - Year Term (Specification No. 20-134) (General Fund and Non -General Fund) Department(s): Public Works Agency, Police Department Recommended Action: Approve agreements with ABM Building Solutions, LLC, ACCO Engineered Systems, Envise, F.M. Thomas Air Conditioning, Inc., and South Coast Mechanical to provide as -needed heating, ventilation, and air conditioning (HVAC) repair services, including emergency call -out services, for a three-year period beginning April 1, 2021, and ending on March 31, 2024, with provisions for two, one- year extensions, in a total shared amount not to exceed $575,000 annually, for a total aggregate amount not to exceed $2,875,000, subject to non -substantive changes as approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 28. Approve an Agreement with Immigrant Defenders Law Center For Immigration Legal Defense Services for a Two -Year Term in an Amount not to Exceed $400,000 (General Fund) Department(s): City Manager Office Recommended Action: Authorize the City Manager to execute an agreement with Immigrant Defenders Law Center to provide immigration legal defense services to Santa Ana residents, for a term beginning March 16, 2021 and ending January 31, 2023, in an amount not to exceed $400,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 29. Receive and File Certification of Approval by City Engineer of Final Parcel Map 2018- 02 (2110, 2114, and 2202 East First Street [Owner: Broomell Commercial Properties, LLC]) Department(s): Public Works Agency Recommended Action: Receive and file certification of approval by City Engineer of final Parcel Map 2018-02. 30. Resolution to Adopt and Approve Applications for Submission for all CalRecycle Grants for a 5-Year Period Department(s): Public Works Agency Recommended Action: Resolution No. 2021-XXX —Adopt a resolution approving the ability to apply, and authorizing submission, for all CalRecycle Grants for a 5-year period. City Council 12 3/16/2021 BUSINESS CALENDAR 31. City of Santa Ana General Plan Annual Progress Report (2020) Department(s): Planning and Building Agency Recommended Action: Authorize staff to submit the City of Santa Ana's 2020 General Plan Annual Progress Report to the State of California Department of Housing and Community Development (HCD) and Office of Planning and Research (OPR). 32. Provide Early Direction for Preparation of the Fiscal Year 2021-22 Budget Department(s): Finance and Management Services Recommended Action: 1. Adopt the proposed Budget and Reserve Policy. 2. Direct staff to: a. Increase miscellaneous fees by 1.67%; OR b. Maintain miscellaneous fees at current rates. 3. In addition to Strategic Plan goals already identified, provide any further direction for the draft FY 2021-22 Budget and key priorities for federal funding from the American Rescue Plan Act of 2021. 33. Adopt a Resolution Authorizing Judicial Validation Proceedings for the Proposed Pension Debt Refinancing and Related Bond Financing Agreements Department(s): Finance and Management Services Recommended Action: Resolution No. 2021-XXX —Adopt a resolution authorizing the Issuance of Bonds to refund certain pension obligations of the City, up to the estimated Unfunded Actuarial Liability (UAL) as of June 30, 2021, approving the form and authorizing the execution of a trust agreement and purchase contract, and authorizing Judicial Validation Proceedings relating to the issuance of such Bonds and approving additional actions related thereto (Agreement No. 2021-XXX). 34. Discuss and consider directing City Manager to direct staff to provide options to rebuild the handball courts at Chepa's Park in the Logan neighborhood — Councilmember Hernandez City Council 13 3/16/2021 ADJOURNMENT —Adjourn the City Council meeting. 1. Shelter Operator 2. Cannabis Regulation Updates 3. Group Home Regulation Updates City Council 14 3/16/2021 Minutesi Council City of Santa Ana, California u� January 1, 2021 (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Due to Governor Gavin Newsom's Illllllllllxecii,iiaii e 11-cleir and the City Council's Ill ocIII 11111 irgeiriic , there was no in -person meeting location for the community to attend public meetings. CALL TO ORDER ATTENDANCE b. Mayor Pro Tern Mayor ManagerCity AttorneyCity • f • Hernandez Phil Bacerra Johnathan Ryan LopezJessie Neli.. David Mendoza Thai Viet Phan Penaloza Vicente r RidgeKristine SoxiaR.. Carval I. Gomez MINUTES: ® Mayor Sarmiento called the Closed Session meeting to order at 5:05 p.m. • Councilmember Phan joined the meeting at 5:05 p.m. ® Councilmember Bacerra joined the meeting at 5:12 p.m. Di1gf0 bp6buncil 16 — 1 3/10/2021 PUBLIC COMMENTS — Members of the public may address the City Council on items on the Closed Session Agenda may do so by: Comments will be held during the beginning of the meeting for ALL comments on agenda and non - agenda items within the jurisdiction of the City, with the exception of public hearing items. Comments for public hearings will take place after the hearing is opened. This is being done to respect the time constraints of residents who cannot stay tuned late into the evening to comment on items that they feel strongly about. Individuals who would like to comment on an agenda item or make a general comment regarding a topic not in the meeting agenda may do so ahead of the meeting by: Email: Please email your comments by 4:00 p.m. on Regular Council meeting Tuesday, or as noticed for Special meetings, to eCommenta-santa-ana.ora, Comments received after the cut-off time will be published soon after the meeting as part of the record as early as possible. OR DURING THE MEETING BY. Zoom Webinar: Please click on or type the following address into your web browser https://us02web.zoom.us/m/315965149 OR Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149# when prompted. The public can begin joining the speaker queue at 4:30 p.m., or 30 minutes prior to Special meeting. Once a caller has entered the meeting, they will be placed in a holding queue. Callers will be prompted to speak in the order received. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). MINUTES: Evan Grant, on behalf of Kara Grant Law, spoke regarding existing litigation. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. AC2525 Main, LLC, et al v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2020-01137879-CU-WM-CXC B. Santa Ana Citizens for Responsible Development v. City of Santa Ana, et al., Orange Di1q,f0 6p0buncil 23— 2 3/10/2021 County Superior Court Case No. 30-2019-01119794-CU-WM-CXC C. Santa Ana Needs Equity, et al v. City of Santa Ana, et al., Orange County Superior Court Case No. 30-2019-001104316-CU-WM-CXC MINUTES: Councilmember Phan recused herself from Closed Session Item 1A due to a conflict of interest. Mayor Sarmiento recused himself from Closed Session Item 1 B due to a conflict of interest. CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6:32 p.m. and convened to the Regular Open Session. RECONVENE — City Council will reconvene to continue regular City business. Di'q,f1: bp6buncil 33— 3 3/10/2021 MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6:32 p.m. and convened to the Regular Open Session at 6:37 p.m. REGULAR OPEN SESSION CALL TO ORDER 5:45 p.m. (Immediately following the Closed Session Meeting) MINUTES: Mayor Sarmiento called the Regular Session meeting to order at 6:37 p.m. ROLL CALL MINUTES: Mayor Sarmiento announced that item 27 is continued to the February 2, 2021. MINUTES: Quang Hieu lead the invocation. N4."A 4 LyyEel LI/_1OU:A':6'1'4'11r_10EelLt+y 1. Oath of Office (video) administered to Mark McLoughlin, Planning Commission as the Ward 4 representative — Councilmember Bacerra Oath of Office (video) administered to Janelle McLoughlin, Environmental and Transportation Advisory Commission as the Santa Ana Chamber of Commerce representative 2. Honoring the Life and Legacy of Former City Manager Dave Ream MINUTES: Senator Tom Umberg thanked the City for their leadership in addressing COVID, and spoke in memory Dave Ream. 3. Certificate of Recognition presented by Councilmember Mendoza to Medica Testing Group for outstanding contributions to the community 4. COVID-19 Update in the Community. MINUTES: City Manager Kristine Ridge provided a brief COVID-19 update regarding a vaccine pilot program, testing, and Santa Ana Cares funding grants assisting the community. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated there was no reportable action. PUBLIC COMMENT Comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items within the jurisdiction of the City, with the exception of public hearing items. Dil4ffi bp6buncil 455 — 4 3/10/2021 Comments for public hearings will take place after the hearing is opened. This is being done to respect the time constraints of residents who cannot stay tuned late into the evening to comment on items that they feel strongly about. MINUTES: Manny Escamilla spoke regarding item 24, 30, and 31. Victor Mendez spoke regarding the public comment process and thanked the Clerk for listening to community input, spoke on items 11,13,15,16, 19 and various other topics. Bernie Dennis spoke in support of item 31. Lisa Darmousseh spoke in support of item 31. Rodella spoke in support of item 31. Erica Gonzalez spoke regarding sufficient notification prior to construction projects and expressed concern with displacement. Letty Rodella spoke in support of the item 31. CONSENTD. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar r • 5. Excused absences Department: Clerk of the Council Recommended Action: Excuse absent members. 6. Minutes from the regular meeting of November 17, 2020 Department: Clerk of the Council Recommended Action: Approve minutes. MINUTES: Councilmembers Lopez and Hernandez abstained from items 6, they were not present at this meeting. 7. Minutes from the regular meeting of December 1, 2020 Department: Clerk of the Council Recommended Action: Approve minutes. MINUTES: Councilmembers Lopez and Hernandez abstained from items 7, they were not present at this meeting. 8. Minutes from the regular meeting of December 15, 2020 Department: Clerk of the Council Di1q,f0 i6pElbuncil % — 5 3/10/2021 Recommended Action: Approve minutes. 9. Appoint various boards and commissions members nominated by Councilmember Hernandez as the Ward 5 representatives for a full term expiring December 10, 2024 Department: Clerk of the Council Recommended Action: Appoint. 1. Fernando Olivares - Arts and Culture Commission 2. Ruby Woo - Parks, Recreation and Community Services Commission 3. Anacany Torres — Community Development Commission 4. Tsui Vasquez — Environmental and Transportation Advisory Commission 5. Dwayne Shipp — Historic Resources Commission 6. Nellieann LeGaspe — Personnel Board 7. Michael Hernandez — Santa Ana 2018 Measure X Citizens' Oversight Committee 8. Ray Diaz — Youth Commission 10. Approve agreements with Wonderware California in the amounts of $269,300 and $752,205 for SCADA software, hardware, and installation services, and an approve amendment to the agreement with XV Solutions in an amount not to exceed $473,250 for SCADA software migration management and integration (Non -General Fund) Department: Public Works Recommended Action: 1. Authorize the City Manager to execute an agreement with Wonderware California for the Walnut Site Integration as part of the SCADA system upgrade, for the period beginning January 19, 2021, and expiring on June 30, 2023, in an amount not to exceed $269,300, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-). 2. Authorize the City Manager to execute an agreement with Wonderware California for hardware, software, training and support as part of the SCADA system upgrade project, for the period beginning January 19, 2021, and expiring on June 30, 2023, in an amount not to exceed $752,205, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-). 3. Authorize the City Manager to increase the agreement amount with XV Solutions for project management of the SCADA system upgrade in the amount of $473,250, for an updated agreement amount not to exceed $898,250 for the remaining term of the agreement ending September 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-X). MINUTES: This consent Item - Agreement No. 2021-002, 2021-003 and 2021- 004 was approved. 11. Approve appropriation adjustments, approve amendments to the FY 2020-21 Capital Improvement Program, and award a construction contract to C.S. Legacy Construction, Inc. in the amount of $12,759,695 for the South Main Street Corridor Improvements Project with an estimated total delivery cost of $18,309,245 (Project Nos. 17-9001,18- 6911, 19-6940 20-6958, 21-6014, 21-6451, 21-6461) (Non -General & General Fund) DiI40: 6p6buncil 67 — 6 3/10/2021 Department: Public Works Recommended Action: 1. Approve an appropriation adjustment (2021-115) to recognize $3,791,468 of prior year fund balance in the Sanitary Sewer Fund, Capital Recovery Charges, Prior Year Carryforward revenue account and appropriate the same amount to the Sanitary Sewer Fund, Capital Recovery Charges, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment (2021-110) to recognize $3,863,143 of prior year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 3. Approve an appropriation adjustment (2021-114) to recognize $71,407 of prior year fund balance in the Peebler Fund Capital Project Revenue, Prior Year Carryforward and appropriate the same amount to the Peebler Fund Capital Project, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program to include $3,791,468 in construction funds for the South Main Street Sewer Improvements Project (Project No. 21-6451). 5. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program to include $3,863,143 in construction funds for South Main Street Water Improvements Project (Project No. 21-6461). 6. Reject Bid Protest and award a construction contract to C.S. Legacy Construction, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternatives 1, 2, 3, 4, 5, 7, and 8 in the amount of $12,759,695, for construction of the South Main Street Corridor Improvements Project, for the term beginning January 19, 2020 and ending upon project completion, and authorize the City Manager to execute the contract subject to non - substantive changes approved by the City Manager and the City Attorney. 7. Approve the Project Cost Analysis for a total estimated construction delivery cost of $18,309,245, which includes $12,759,695 for the construction contract, $1,599,050 for contract administration, inspection and testing; and a $3,950,500 project contingency for unanticipated or unforeseen work. Moved by Councilmember Bacerra, seconded by Mayor Pro Tern Penaloza to Approve. YES: 7 — Sarmiento, Penaloza, Bacerra, Mendoza, Lopez, Hernandez, Phan O: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass MINUTES: Councilmember Lopez requested a three-week notification to businesses and residences surrounding project and allow for increased community input. Executive Director of Public Works Agency Nabil Saba provided a brief presentation. Di'q,f1: bp0buncil �6 - 7 3/10/2021 Council provided direction to City staff. 12. Approve agreement with Butier Engineering to provide construction engineering services for the South Main Street Corridor Improvements Project in an amount not to exceed $936,924 for a three-year term (Project No. 17-9001, 18-6911, 20-6451, 21-6461, & 19- 6940) (Non -General Fund) Department: Public Works Recommended Action: Authorize the City Manager to execute an agreement with Butier Engineering, Inc., to provide construction engineering services for the South Main Street Corridor Project in the amount of $780,770, with a 20 percent contingency of $156,154, for a total amount not to exceed $936,924, for a three-year term beginning January 19, 2021 and expiring January 18, 2024, with an option for two, one-year extensions, subject non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-X). MINUTES: Councilmember Lopez requested staff list the cities for the consulting firms on staff reports. Mayor Sarmiento requested staff to include the companies' background in the staff reports. This consent Item - Agreement No. 2021-005 was approved. -. - .-III III- YES: 7 — Sarmiento, Penaloza, Bacerra, Mendoza, Lopez, Hernandez, Phan O: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass 13. Approve an appropriation adjustment, approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program, and award a construction contract to Stephen Doreck Equipment Rentals, Inc. in the amount of $1,126,670 for the Valley Adams Neighborhood Water Main Improvements Phase 2 Project with an estimated total delivery cost of $1,577,338 (Project No. 21-6457) (Non -General Fund) Department: Public Works Recommended Action: 1. Approve an appropriation adjustment (2021-111) to recognize $1,577,338 in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program to include $1,577,338 in construction funds for the Valley Adams Neighborhood Water Main Improvements Phase 2 project. Dil4ffi bp6louncil 86 — 8 3/10/2021 3. Award a construction contract to Stephen Doreck Equipment Rentals, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,126,670, for construction of the Valley Adams Neighborhood Water Main Improvements Phase 2 Project, for the term beginning January 19, 2020 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,577,338, which includes $1,126,670 for the construction contract, $225,334 for contract administration, inspection and testing; and a $225,334 project contingency for unanticipated or unforeseen work. 14. Approve an appropriation adjustment for $517,500 and authorize a purchase agreement in the amount of $690,000 for real property acquisition for Warner Avenue Improvements Phase 2 (Property Owner: Veronique Pham) (Project No. 18-6901) (Non -General Fund) Department: Public Works Recommended Action: 1. Approve an appropriation adjustment (2021-107) of $517,500 in Measure M2 Competitive, Arterial Capacity Enhancements grant funding from the Measure M-Street Construction, Measure M2 Competitive revenue account and appropriate the same amount to the Measure M2 Competitive Street, Land expenditure account for the property acquisition referenced in Recommended Action 2. (Requires five affirmative votes) 2. Authorize the City Manager to execute a Purchase Agreement with property owner Veronique Pham for the property acquisition and goodwill (if any) for the real property located at 2241 and 2245 S. Kilson Drive (APN 016-103-22) in the amount of $690,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- ). MINUTES: This consent Item - Agreement No. 2021-006 was approved. 15. Award purchase order in an amount not to exceed $625,385 to Altec Industries, Inc. for two bucket trucks (Specification No. 20-142) (Non -General Fund) Department: Public Works Recommended Action: Authorize a one-time purchase and payment of purchase order to Altec Industries, Inc. in the amount of $615,385, plus a contingency of $10,000, for a total amount not to exceed $625,385, for the purchase of two bucket trucks, subject to non -substantive changes approved by the City Manager and City Attorney. 16. Award a purchase order in an amount not to exceed $346,382 to Trane U.S. Inc., dba Trane, for replacement of an air conditioning unit in the Ross Annex portion of City Hall (General Fund) (Specification No. 20-145) Department: Public Works Recommended Action: Award a purchase order to Trane U.S. Inc., dba Trane, in the amount of $314,892, with a contingency amount of $31,490, in amount not to exceed $346,382, to replace a failing air conditioning unit at the Ross Annex, subject to non - substantive changes approved by the City Manager and City Attorney. Dil4f0 6p6louncil 913 — 9 3/10/2021 17. Approve cooperative agreement with the City of Irvine for grant -funded traffic signal synchronization on Segerstrom Avenue/ Dyer Road/ Barranca Parkway for a maximum amount of $259,224 and term effective until December 31, 2025 (Non -General Fund) Department: Public Works Recommended Action: Authorize the City Manager to execute a cooperative agreement with the City of Irvine in the amount of $259,224, to implement a Traffic Signal Synchronization Corridor (Project No. 21-6982) on Segerstrom Avenue/ Dyer Road/ Barranca Parkway, for the term beginning upon approval of the agreement by the City of Santa Ana and the City of Irvine, and effective until December 31, 2025, with an option to be extended with mutual consent of all parties for a term to be determined upon extension, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-). MINUTES: This consent Item - Agreement No. 2021-007 was approved. MINUTES: Councilmember Phan abstained from item 17 due to a potential conflict of interest. 18. Approve amendment to the construction contract with EBS General Engineering, Inc. to increase the contract amount by $600,000, for a new estimated total project delivery cost of $1,450,470, to perform additional sidewalk concrete repairs (Project No. 20-6970) (General Fund and Non -General Fund) Department: Public Works Recommended Action: 1. Authorize the City Manager to amend the construction contract with EBS General Engineering Services Inc. via change order, to increase the contract amount by $600,000, for a new estimated project delivery cost of $1,450,470, to perform additional sidewalk concrete improvements. 2. Approve the revised Project Cost Analysis increasing project contingencies by $600,000, for a new estimated project delivery cost of $1,450,470. 19. Approve an amendment to the agreement with T.R. Holliman and Associates, Inc. to expand the scope of work for preparation of the Recycled Water Master Plan, increase the agreement amount by $242,418 for a total amount not to exceed $442,418, and extend the term from February 19, 2021 through February 19, 2023 (Non -General Fund) Department: Public Works Recommended Action: Authorize the City Manager to execute an amendment to the agreement with T.R. Holliman and Associates, Inc. to include additional scope of work in the preparation of the Recycled Water Master Plan, increase the agreement amount by $242,418, which includes a $220,380 increase plus a contingency of $22,038, for a total amount not to exceed $442,418, and extend the term of the agreement from February 19, 2021 to February 19, 2023, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-X). MINUTES: This consent Item - Agreement No. 2021-008 was approved. Di1q,f0b6plbuncil 1®- 10 3/10/2021 20. Approve an agreement with EEC Environmental in an amount not to exceed $1,800,000 for waste discharge requirement compliance services for up to a five-year term (Non - General Fund) Department: Public Works Recommended Action: Authorize the City Manager to execute an agreement with EEC Environmental to provide Waste Discharge Requirement compliance services for a three- year term beginning January 19, 2021, and expiring January 18, 2024, with a provision for a one, two-year extension exercisable by the City Manager and City Attorney, in an annual amount not to exceed $360,000, for a total agreement amount not to exceed $1,800,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-). MINUTES: This consent Item - Agreement No. 2021-009 was approved. 21. Approve the first amendment to the agreement with All City Management Inc. for the adult crossing guard program to extend the term for four months to June 30, 2021 (General Fund) Department: Public Works Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with All City Management Inc. to extend the term four months from February 28, 2021 to June 30, 2021 at no additional cost, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- ). MINUTES: This consent Item - Agreement No. 2021-010 was approved. 22. Approve fourth amendment to agreement with Mercy House Living Centers, Inc. in the additional amount of $153,214.72 for the operation of The Link Shelter (Non -General Fund) Department: Community Development Recommended Action: Authorize the City Manager to execute the fourth amendment to the agreement with the Mercy House Living Centers, Inc. to increase funding for the operation of the Link Shelter, in the amount of $153,214.72 for a total amount not to exceed $6,551,337.72 subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- ). MINUTES: This consent Item - Agreement No. 2021-011 was approved. 23. Approve an agreement with Overdrive, Inc. for digital content hosting and distribution for $41,010 for the period February 1, 2021 through June 30, 2021 AND $70,000 for each subsequent year From July 1, 2021 To June 30, 2024 for a total amount of $251,010 (Non -General Fund) Department: Library Department Dil4f0b6p0buncil 161— 11 3/10/2021 Recommended Action: Authorize the City Manager to execute an agreement with Overdrive, Inc. for digital content hosting and distribution for $41,010 for the period February 1, 2021 through June 30, 2021 and $70,000 for each subsequent year from July 1, 2021 to June 30, 2024 for a total amount of $251,010, with any unspent and encumbered balance carried forward into the subsequent fiscal years during the term of the agreement, to be funded by the Cannabis Public Benefit Fund, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-). MINUTES: This consent Item - Agreement No. 2021-012 was approved. 24. Approve agreement with HDL Coren & Cone for property tax consulting and auditing services for up to a five-year period for an amount not to exceed $206,250 (General Fund) Department: Finance and Management Recommended Action: Authorize the City Manager to execute an agreement with HdL Coren & Cone (HdLCC) for Secured and Unsecured Property Tax Revenue Auditing and Consulting Services for a period beginning February 1, 2021 through January 31, 2024 for an amount not to exceed $122,250 which includes a contingency of $52,500, plus two one-year extensions exercisable by the City Manager for an amount not to exceed $84,000 which includes a contingency of $37,500 for a total combined amount not to exceed $206,250, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- ). MINUTES: This consent Item - Agreement No. 2021-013 was approved. Councilmember Lopez requested City Staff to ask vendor to look for under performing properties. Moved by Councilmember Lopez, seconded by Mayor Pro Tern Penaloza to Approve. YES: 7 — Sarmiento, Penaloza, Bacerra, Mendoza, Lopez, Hernandez, Phan N: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass 25. Approve agreement with Avenu Insights & Analytics, LLC for Utility Users' Tax Auditing and Consulting Services for an amount not to exceed $750,000 (General Fund) Department: Finance and Management Recommended Action: Authorize the City Manager to execute an agreement with Avenu Insights & Analytics, LLC ("Avenu Insights") for Utility Users' Tax Revenue Auditing, Recovery, Reporting, Analysis, and Legislative/State Agency Liaison and Implementation Monitoring Services for a period beginning February 1, 2021 through January 31, 2024 for an amount not to exceed $462,500 which includes a contingency of $207,500, plus two one-year extensions exercisable by the City Manager and City Attorney for a Di1gf1: bp0buncil 12— 12 3/10/2021 combined amount not to exceed $287,500 which includes a contingency of $117,500, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-014 was approved. 26. Adopt a resolution accepting the donation of tactical medical equipment for the Santa Ana Police Department Department: Police Department Recommended Action: Resolution No. 2021-XXX — Adopt a resolution accepting tactical medical equipment manufactured by Tactical Medical Solutions from Cops Direct for the Santa Ana Police Department. MINUTES: This consent Item- Resolution No. 2021-002 was approved. MINUTES: Councilmember Phan recused herself from item 17 due to conflict of interest. MINUTES: Councilmembers Lopez and Hernandez abstained from items 6 and 7, as they did not attend the meeting. Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Bacerra to Approve Consent Calendar items 5 through 26 with the exception of 11, 12, and 24. YES: 7 — Sarmiento, Penaloza, Bacerra, Mendoza, Lopez, Hernandez, Phan N: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0 —0 — Pass CALENDARBUSINESS 27. Public Hearing — Appeal Application Nos. 2020-03 and 2020-04 appealing the decision of the Planning Commission to approve Site Plan Review No. 2020-04 to allow construction of the Central Pointe Mixed -Use Development Project located at 1801 East Fourth Street (Property Owner: Park Center Santa Ana Associates L.P. and Applicant: Waterford Property Company) Legal Notice published in the Orange County Reporter on January 8, 2021 and notices mailed on January 7, 2021. Continued from the January 19, 2021 City Council Meeting. Department: Planning and Building Recommended Action: Resolution No. 2021-XXX — Adopt a resolution denying Appeal Di1q,f0b6plbuncil 1M— 13 3/10/2021 Application Nos. 2020-03 and 2020-04 and uphold the Planning Commission's approval of Site Plan Review No. 2020-04. MINUTES: At the request of all parties involved, item 27 was continued to the February 2nd City Council Meeting. 28. Public Hearing — Environmental Review No. 2020-48, General Plan Amendment No. 2020-07 and Amendment Application No. 2020-05 for the Westview Housing Residential Community at 2530 and 2534 Westminster Avenue (Property Owner: Westminster & Fairview, LLC and Applicant: Community Development Partners) Legal Notice published in the Orange County Register on January 8, 2021 and notices mailed on January 7, 2021 Department: Planning and Building Recommended Action: 1. Resolution No. 2021-XXX — Approve and adopt Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Environmental Review No. 2020-48. 2. Resolution No. 2021-XXX —Adopt a resolution approving General Plan Amendment No. 2020-07. 3. Adopt an ordinance approving Amendment Application No. 2020-05 to establish Specific Development No. 97. Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Phan to Approved. YES: 7 — Sarmiento, Penaloza, Bacerra, Mendoza, Lopez, Hernandez, Phan 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass W1►, IAW�3 Executive Director of Planning and Building Agency Minh Thai provided a brief presentation. Mayor Sarmiento opened the public hearing at 8:22 p.m. • Kimberly Adams spoke in support of item 28. ® Khoa Le spoke in support of item 28. Clerk of the Council, Daisy Gomez, reported out on correspondence received. Zed Kekula, Public Works Agency Principal Civil Engineer, addressed council regarding traffic safety. Di1q,f0 i6pElbuncil 19— 14 3/10/2021 Assistant City Manager Steven Mendoza addressed council regarding funding source. Mayor Sarmiento closed the public hearing at 8:41 p.m. after public comments and council deliberation. This consent Item- Resolutions Nos. 2021-003 and 2021-04 were approved. 29. Discuss and consider directing the City Manager to explore opportunities through neighborhood initiatives to better recognize and communicate with the duly appointed representatives of our neighborhood associations — Mayor Pro Tern Penaloza MINUTES: Council supports with no objections and provided direction to City staff. 30. Discuss and consider directing City Manager to direct staff to amend Ordinance No. NS- 2992 removing "qualified elector" requirement to serve on boards and commissions from the Santa Ana Municipal Code to be compliant with Senate Bill 225 — Councilmember Lopez MINUTES: Council supports with no objections and provided direction to City staff to bring . 31. Discuss and consider directing the City Manager to direct staff to begin the process to change the name of Lyon Street, between Edinger Avenue and St. Andrew Place, to Elk Lane — Councilmembers Bacerra, Mendoza and Mayor Pro Tern Penaloza MINUTES: Council supports with no objections and provided direction to City staff. Councilmember Phan announced that she recused herself from Closed Session Item 1A due to a conflict of interest. MINUTES: City Manager Kristine Ridge provided community updates regarding emergency rental assistance grant funds and noted the water tower will be lit up honoring those that have lost their lives to COVID. MINUTES: Councilmember Bacerra directed staff to promote mySantaAna app, noted attendance to a UCLA Land Use and Planning Conference on January 8th, attendance to the Southern California Association of Governments (SCAG) on January 7th in which he casted a vote in support of Regional Dilgf0 6p0buncil 1f— 15 3/10/2021 Council's Resolution affirming climate change crisis in California. In addition, thanked staff for defending the city against SCAG Regional Housing Needs Assement (RHNA) appeals filed by other cities regarding low income housing allocations and expressed condolences to the friends and families the council is adjourning tonight's meeting in memory of. Councilmember Hernandez adjourned in memory of Miriam Lopez. Councilmember Lopez inquired clarification regarding low income housing allocation appeals. Councilmember Phan spoke regarding the new presidency. Mayor Pro Tem Penaloza announced the Grand Opening of the Oso Parkway Bridge, spoke regarding the SCAG RHNA appeal, and adjourned in memory of Juan Carlos Contreras. Mayor Sarmiento thanked all who spoke, thanked staff for their hard work, noted his attendance to the Martin Luther King breakfast in which Chief Valentin spoke on the importance of inclusivity, accountability and respect, and adjourned in memory of Miriam Lopez. ADJOURNMENT — The next meeting of the City Council will be held on February 02 2021 at 5:00 PM for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m in the Council Chamber, 22 Civic Center Plaza, Santa Ana California. Adjourn in memory of Dave Ream, Al Serrato, Pat Hernandez and Miriam Lopez. MINUTES: Adjourned the council meeting and convened to the Housing Authority meeting at 9:52 p.m. Dilgf0 i6pElbuncil 116— 16 3/10/2021 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE CHAPTER 2, ARTICLE IV DIVISIONS 2-9 TO REQUIRE BOARD AND COMMISSION MEMBERS TO BE RESIDENTS OF THE CITY INSTEAD OF QUALIFIED ELECTORS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares that the City of Santa Ana desires to remove barriers that prevent active participation by all City residents in City government. Consistent with this philosophy is the inclusion of all residents of the City for consideration for appointment to the City's Boards and Commissions. As a result and to be consistent with SB 225, the City Council of the City of Santa Ana has directed removal of the requirement that Board and Commission appointees be a "qualified elector" of the City. Instead, Board and Commission appointees will be required to be a resident of the City. Section 2. The Santa Ana City Council hereby amends Chapter 2, Articles IV, Divisions 2-9 of the Santa Ana Municipal Code as follows (additions are in red and underlined, deletions are stricken): CHAPTER 2 - ADMINISTRATION ARTICLE IV. - OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS DIVISION 2. -APPOINTIVE BOARDS AND COMMISSIONS Sec. 2-325. - Compensation for members of boards, commissions. 1. The members of the following boards and commissions of the city shall receive the compensation as set forth herein: (a) Community Development and Housing Commission. Fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus twenty dollars ($20.00) per month automobile allowance. (b) Personnel Board. Fifty dollars ($50.00) per meeting. (c) Planning Commission. Fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus fifty dollars ($50.00) per month automobile allowance. PagEXOT i - 8-1 3/16/2021 (d) Historic Resources Commission. Fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (e) Parks, Recreation and Community Services Commission. Fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (f) Environmental and Transportation Advisory Commission. Fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (g) Youth Commission. One (1) meeting per month, three (3) special meetings maximum per year with the compensation of fifty dollars ($50.00) per meeting. (h) Arts and Culture Commission. Each commission member shall receive a maximum compensation in the amount of $50.00 for attendance at one regular meeting per month. 2. The members of the appointive boards and commissions may receive reimbursement for necessary traveling and other expenses when on official duty of the City when such expenditure has been appropriated by the City Council and authorized by the board or commission and subject to rules and regulations prescribed by ordinance or order of the City Council. Sec. 2-326. — Appointments, removals, vacancies, term a) Except as otherwise specified in the charter, the member of each of the appointive boards and commissions shall be appointed, and may be removed, by the City Council, subject in both appointment and removal by the affirmative votes of a majority of the members. For boards and commissions having at least seven (7) members, the City Council shall select seven (7) members from nominations made by the council member (or mayor in the case of the city-wide seat) whose term coincides with that board or commission seat, as determined by the City Council in accordance with subsection (e) below, together with nominations from any other member of the Council all other appointments shall be as determined by the charter, or by the City Council from time to time. At least fifty -percent (50%) of those persons nominated from time to time by a council member shall be residents of the ward represented by such council member. At the request of a councilmember, this rule may be waived by a 2/3 vote for the City Council for any one appointment if the requesting member is unable to find a qualified and acceptable ward resident to nominate. For purposes of this rule, residency is only required at the time of nomination. b) Vacancies arising from whatever cause shall be filled in the same manner. Upon a vacancy occurring leaving an unexpired portion of the term, any appointment to fill such a vacancy shall be for the unexpired portion of City Council 8-2 r finance 6 XX age of 15 such term. All terms shall begin on the same date as City Councilmember terms as provided in section 400 of the Charter. c) If a member of a board or commission absents himself or herself from two (2) regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, or fails to attend at least one-half (1/2) of the regular meetings of such board or commission within a calendar year, or is convicted of a crime involving moral turpitude, or ceases to be a resident of the City , the office shall become vacant and shall be so declared by the City Council. d) Except as otherwise provided in this section, the members of such boards and commissions shall serve for a term of four (4) years and until their respective successors are appointed or qualified, but in no event shall any persons be eligible for reappointment who has served three (3) consecutive terms of four (4) years each, irrespective of what seat or seats the member is appointed to by the City Council. Notwithstanding the foregoing, one seat shall be a city-wide seat having a two (2) year term which coincides with that of the Mayor, and which shall be limited to four (4) consecutive terms. Short or partial terms (as defined for City Council in Section 401 of the Charter) shall not be considered. Unless otherwise provided by ordinance of the City Council for a board or commission having more or less than seven (7) members, the terms of three (3) of the members of each such board or commission shall begin on the date of the beginning of the term of office of council members elected at every second general election commencing with the April, 1983 general election, the terms of three (3) other members shall begin on the date of the beginning of the term of office of council members elected at every second general election commencing with the November, 1984 general election, and one (1), as designated by the City Council, shall coincide with the term of the mayor. It is the intent of this section that the term of office on boards and commissions shall be concurrent with the term of office of council members. Thereafter, any appointment to fill an unexpired term shall be for such an unexpired period. No person shall be eligible for appointment to a board or commission who completed a term on the City Council immediately preceding that board or commission term. (e) For boards and commissions with at least seven (7) members, the City Council shall designate six (6� board and commission seats by ward, and one city-wide. These designations shall be solely for the purpose of nominations and calculations of terms as provided in this Section 2-326. 0 ra i - 8-3 3/16/2021 Except for purposes of the fifty -percent (50%) nomination rule in subsection (a) above, residency in that ward is not required. Sec. 2-327. —Prohibition against serving as treasurer for campaign committee. If any member of an appointive board or commission shall become the treasurer of a campaign committee which receives contributions for any candidate for mayor or councilmember, his or her office shall become vacant and shall be so declared by the City Council. No person who serves as the treasurer of a campaign committee which receives contributions for any candidate for mayor or councilmember shall be eligible for appointment to any appointive board or commission. Sec. 2-328. —Meetings; chairperson; recording secretary. The election of each chairperson and vice -chairperson shall be held at the meetings of the respective boards and commissions during the month of July of each year. The board or commission, in the event of a vacancy in the office of the chairperson or vice -chair person, shall elect one of its members for the unexpired term. The chairperson shall have the responsibility for informing the City Council of board, commission, or committee actions or inactions and the reasons therefore. The City Manager or his or her designee shall designate a secretary for the recording of minutes for each of such boards and commissions, who shall keep a record of its proceedings and transactions. Each board and commission shall prescribe rules and regulations governing its operations which shall be consistent with the charter, this code, and shall be filed with the Clerk of the Council for public inspection. The personnel board shall meet monthly, provided there is business on the agenda to come before it. Sec. 2-329. — Reserved. DIVISION 3.- PERSONNEL BOARD Sec. 2-330. —Personnel board -Membership. The personnel board shall consist of seven (7) members to be appointed by the City Council from the quahfiedLesidents of the City. None of the members shall be removed from office without reasonable and sufficient cause, in accordance with procedures as provided by ordinance. None of the members shall hold public office or employment in city government or be a candidate for any other public office or position, be an officer of any local, state or national partisan political club or organization, or while a member of the personnel board or for period of one (1) year after he or she has City Council 8-4 Ordinance 6 XX age 476f 15 ceased for any reason to be a member, be eligible for appointment to any salaried office or employment in the service of the City. Sec. 2-331.-Same-Powers and duties. The personnel board shall have power and be required to: a) Hear appeals pertaining to the disciplinary suspension, demotion, or dismissal of any officer or employee having permanent status in any office, position, or employment in the civil service; and as otherwise provided for in the civil service rules and regulations; b) Consider matters that may be referred to it by the City Council or the City Manager and render such counsel and advice in regard thereto as may be requested by the referring authorities; c) By its own motion, make such studies and investigations as it may deem necessary for the formulation of civil service policies, or to determine the wisdom and efficacy of the policies, plans and procedures dealing with civil service matters and report its findings and recommendations to the City Manager or the City Council, or to both such authorities, as it may see fit; d) Conduct public hearings on all proposed amendments to or repeal of civil service rules and regulations in the manner as prescribed by ordinance, and advise the council of its findings in such matters within sixty (60) days. Sec. 2-332. —Attendance of witnesses; oaths and affirmations. The personnel board shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Each member of the personnel board shall have the power to administer oaths and affirmations in any investigation or proceeding pending before it. DIVISION 4.- PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION Sec. 2-333. Parks, Recreation, and Community Services Commission ---Membership. The members of the parks, recreation, and community services commission shall be appointed from the r i antseleGtGrs for the City. Seven (7) members shall be appointed as required by section 2-326 of this code. Pageyo gffi, - 8-5 3/16/2021 Sec. 2-334.-Same-Powers and duties. The parks, recreation and community services commission shall have the power and duty to: a) Act in an advisory capacity to the City Council in matters pertaining to the acquisition, capital improvements, rehabilitation and maintenance of parks and recreational, cultural, zoo and facilities; b) Act in an advisory capacity and consider the proposed annual budget for the Parks, Recreation, and Community Services Agency and make recommendations to the City Manager and/or City Council; c) Act in an advisory capacity to the City Council in recommending policies and/or legislation on all matters pertaining to parks, recreation and community services; d) Perform such other duties as may be directed by the City Council; e) Act in an advisory capacity and provide a recommendation to the City Council and the City Manager as to the acceptance or rejection of offers of donations of money, personal property or real estate to be used for recreation and parks programs; and additionally, it shall make recommendations on the sale, transfer, or usage of existing or future park property; and f) The commission shall report annually to the City Council on its goals and accomplishments. Sec. 2-335-2-349. Reserved. DIVISION 5 - PLANNING COMMISSION Sec. 2-350. - Establishment. There is created and established a planning commission for the city pursuant to Santa Ana city Charter section 900. Sec. 2-350.1 —Planning commission -Membership. The planning commission shall consist of seven (7) members to be appointed by the City Council from the ri ens efeetof& of the City, and no member of said commission shall hold any paid office or employment in City government. Sec. 2-350.2 —Planning commission- Powers and duties The planning commission shall have the power and be required to: a) Periodically review the City's General Plan; City Council 8-6 Ord inance 6 XX age of 15 b) Make studies and plans for future civic land use, including use as public recreation facilities; c) Annually review the City's capital improvement program solely for consistency with the General Plan; d) Exercise such functions as to land subdivisions, zoning and other City planning as may be prescribed by ordinance; and e) By its own motion, make such studies and investigations as it may deem necessary for the formulation of planning and land use policies and report its findings and recommendations to the City Council or the City Manager, or to both such authorities, as it may see fit. Sec. 2-351. - Meetings. The planning commission shall meet at dates and times as set forth in its bylaws. Sec. 2-352. -Reserved. Sec. 2-353. - Committees. The chairperson of the planning commission shall appoint as needed such temporary or standing committees for the study, investigation and report of particular matters as may be helpful in carrying out the responsibilities of the commission. Sec. 2-354. - Reserved. Sec. 2-355. - Director's duties. It shall be the duty of the Executive Director of planning and building safety as chief administrative officer of the planning department of the city to make or cause to be made such investigations, studies, drawings, maps and reports and recommendations as requested by the planning commission in the furtherance of its transactions. In addition, the planning director shall report to the planning commission all information and data available to him or her which can be of assistance to the deliberations of the commission and shall advise and recommend to the commission on all technical matters relating to city planning. Sec. 2-356. - City administrative officials' duties. It shall be the duty of all officials of the city to furnish to the planning commission within a reasonable length of time any information available to such officials as may be requested by the commission and required by it for the effective carrying out of its responsibilities. Pageyo gffi, - 8-7 3/16/2021 Sec. 2-357. - Submission of capital improvement plans. On or before the first day of March in each year each city officer, department, office, board, commission or other city agency whose functions include recommending, preparing plans for or constructing public capital improvements shall submit to the planning director, as the agent for the planning commission, a list of capital improvements proposed by such officer or agency for planning, initiation or construction during the ensuing fiscal year. Sec. 2-358. - Report to council on capital improvement schedule. On or before the fifteenth day of May of each year the planning commission shall submit a report to the city council which shall contain any revisions recommended by it in the capital improvement program, as required by section 2-357 of this Code, and shall also contain the comments and recommendations of the commission regarding the capital improvements proposed by the various officers and agencies of the city as provided for in section 2-357. Sec. 2-359. - Appeals from decisions of the building official. The planning commission shall also hear appeals from the decisions of the building official in accordance with section 8-4 of this Code. Sec. 2-360. —Attendance of witnesses; oaths and affirmations The planning commission, when hearing appeals from the decision of the building official, shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Each member of the planning commission shall have the power to administer oaths and affirmations in any investigation or proceeding pending before it. Secs. 2-361-2-369. - Reserved. DIVISION 6. - HISTORIC RESOURCES COMMISSION Sec. 2-370. - Establishment. There is created and established a historic resources commission for the city pursuant to and in accordance with the provisions of city Charter section 900. Sec. 2-371. - Members. The historic resources commission shall consist of nine (9) members. Seven (7) members shall be subject to appointment and removal and shall serve terms in accordance with section 2-326 of this Code. The remaining two (2) members shall be ex officio representatives from the planning commission and the community development commission, with one (1) member from each commission. Commission members should possess an expertise and experience in the disciplines of architecture, history, City Council 8-8 r inance 6 XX age of 15 architectural history, planning or other historic preservation related disciplines, such as urban planning, to the extent that such professionals are available in the community. Sec. 2-372. - Meetings. The historic resources commission shall meet at dates and times specifically set out and established in the bylaws of the commission. Sec. 2-373. - Director's duties. It shall be the duty of the executive director of the planning and building safety , as chief administrative officer of the planning department of the city, to make or cause to be made such investigations, studies, drawings, maps and reports and recommendations as requested by the historic resources commission in the furtherance of its transactions. In addition, the executive director of the planning and building safety shall report to the historic resources commission all information and data available to him or her which can be of assistance to the deliberations of the commission and shall advise and recommend to the commission on all technical matters to historic preservation. Sec. 2-374. - Powers and duties. The historic resources commission shall have the following powers and duties: (a) Consider all matters that may be referred to it by the city council or the city manager and shall render its recommendations, counsel and advice in regards thereto; (b) Carry out those duties enumerated in chapter 30 of this Code regarding places of historical and architectural significance; (c) Advise and make recommendations to the city council on applications for properties to be included in financial incentive programs participated in by the city for the preservation of historic resources; (d) Advise and make recommendations to the planning commission, city council and other city boards and commissions regarding historical projects and property; (e) Recommend to the city council policies and regulations regarding the protection, reuse and rehabilitation of historical property; (f) Recommend to the city council programs for the protection, retention and use of historic resources including utilizing federal, state, local and/or private funding sources and mechanisms, such as Certified Local Government Program, Mills Act Contracts, and the state Historic Building Code; (g) Recommend to the city council programs that confer recognition upon the owners of designated historic resources; (h) Encourage public understanding and involvement in historic and architectural heritage. Secs. 2-375-2-449. - Reserved. Page J''o gffiy-3-AAAA 8-9 3/16/2021 DIVISION 7. —YOUTH COMMISSION Sec. 2-450. - Commission established; composition. There is hereby created and established a youth commission for the City of Santa Ana, having such powers as set forth in this division. The youth commission shall consist of seven (7) regular members who shall be subject to appointment and removal pursuant to Section 2-326 of this Code. No member of the commission shall hold any paid office or be employed in the City government. Sec. 2-451. - Requirements of membership. Each member of the youth commission shall be a student enrolled and attending school in 7t" through 12t" grades, as well as a resident of the City of Santa Ana. Members shall consist of up to seven voting members, all residents of the City of Santa Ana. Should any member cease to reside within the City of Santa Ana, or cease to be a student enrolled and attending a school his/her office shall automatically be vacated. Sec. 2-452. - Director's duties. It shall be the duty of executive director of the parks, recreation and community services agency, and/or his/her designee, to report to the youth commission all information and data available to him/her which can be of assistance to the deliberations of the commission and shall advise the commission on any issues on which they require assistance and/or guidance. Sec. 2-453. - Meetings. The youth commission shall meet at dates and times set forth in the bylaws. The bylaws shall be approved by the City Council. Sec. 2-454-2-455. Reserved. Sec. 2-456. - Organization. The commission shall elect from its members a chairperson and vice chairperson, each of whom shall serve in such position for the term of one (1) year. No member shall serve in the position of chairperson for more than one (1) term. Sec. 2-457. - Responsibilities and duties of commission. The youth commission shall have the following responsibilities and duties: City Council 8 — 10 r finance age of 15 (a) Act in an advisory capacity to the City Council in matters pertaining to youth and teen services, programs, and cooperation with other public and/or private agencies; (b) Act in an advisory capacity and consider the proposed annual budget for the Parks, Recreation and Community Services Agency and make recommendations regarding youth services to the City Manager and/or City Council; (c) Act in an advisory capacity to the City Council in recommending policies and/or legislation for improving the position of the youth in the City of Santa Ana; and (d) Perform such other duties as may be directed by the City Council. Secs. 2-458-2-549. - Reserved. DIVISION 8. - ARTS AND CULTURE COMMISSION Sec. 2-550. - Establishment. There shall be created, constituted and established a Santa Ana Arts and Culture Commission. Sec. 2-551. - Members. The arts and culture commission shall consist of seven (7) members. Members of the commission should be persons who are concerned about arts and cultural issues in the city and should be persons who have professional expertise or substantial volunteer involvement in the following areas: Visual, performing or literary arts; architecture, design or urban planning; education; history; science; film; or arts and cultural institution management. The commissioners shall be subject to appointment and removal and shall serve terms in accordance with section 2-326 of this Code. Sec. 2-552. — Meetings. The arts and culture commission shall meet on dates and times as established in the bylaws of the commission. Sec. 2-552.5 - Duties of the city manager. It shall be the duty of the city manager or his or her designee to provide staff support to the arts and culture commission and provide data, materials and resources which can be of assistance to the deliberations of the commission and shall advise and recommend to the commission on all technical matters. Sec. 2-553. - Powers and duties. The arts and culture commission shall have the following powers and duties: (a) The commission shall act as an advisory body to the city manager and the city council and make recommendations regarding but not limited to: Page'10 i - 8 — 11 3/16/2021 (1) Policies, priorities and plans for the development and improvement of arts and cultural activities in Santa Ana, and, in conjunction with other appropriate agencies, in the greater Santa Ana area. (2) Coordinating with the private sector and other governmental agencies in promoting arts and cultural excellence as a tool for the encouragement of economic development, business relocation and tourism. (3) Organizing and promoting activities which celebrate the city and its unique cultural heritage. (4) Allocation and budgeting of funds for arts and cultural funding. (5) Payments for the design, execution and placement of public art projects, within established appropriations for the art projects. (6) Encouraging the use of local artists in city public art projects. (7) Guidelines for accepting, selecting, purchasing, commissioning, placing and preserving art projects and other city art acquisitions, gifts or extended loans of art. (8) Deaccessioning of artworks, when necessary. (b) The commission shall advocate for arts education, cultural diversity, and other initiatives that further the growth and sustainability of the arts and cultural community in Santa Ana area. (c) The commission shall have such other powers and duties as may be appropriate in carrying out the purposes and goals of this division and as set forth in reports or recommendations adopted by the city council. (d) The commission shall consider matters referred to it by the city manager or the city council. DIVISION 9. - ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMISSION Sec. 2-554. —Environmental and transportation advisory commission 1. On December 2, 1991, the city council created and established under city council Resolution No. 91-112 the environmental and transportation advisory committee for the City of Santa Ana. This body shall now be known as the environmental and transportation advisory commission (ETAC). The environmental and transportation advisory commission shall be comprised of nine (9) members who shall be quaffiedlesidents eleGtor-s. of the city. The provisions of section 2-326 of this code shall govern the appointment, removal and terms of the members of ETAC and the existence of vacancies on ETAC Membership in ETAC may include (1) member who shall be nominated by the Santa Ana Chamber of Commerce and approved by a majority of the City Council and one (1) member City Council 8 — 12 r finance age of 15 nominated by the Santa Ana Hispanic Chamber of Commerce and approved by the City Council within the nine (9) member limit. The members nominated by the Chambers need not be quagLedlesidents eleetem of the city. Effective January 1, 2021, the members nominated by the Santa Ana Chamber of Commerce and the Hispanic Chamber of Commerce are limited to one, four (4) year term. 2. ETAC meetings and procedures shall be resolved and detailed in separately adopted by-laws. Sec. 2-555. —Same-Duties and responsibilities. 1. The duties of ETAC shall consist of acting in an advisory capacity to the city council in the study, review, and recommendations with regard to the removal, planting, replanting or disposition of public trees in the public right of way. ETAC shall review and make recommendations regarding requests for public tree removal by individual property owners, neighborhood associations, or developers. The ETAC shall make recommendations on designated species for specific streets and neighborhoods. 2. ETAC will assist in the dissemination of news and information regarding the protection, maintenance, removal and planting of public trees on public property to the city council and citizens of the City of Santa Ana. 3. ETAC, when requested by the city council, shall consider, investigate, make finding, report and recommend upon any special matters of question coming within the scope of the urban forest. 4. The duties of ETAC shall also consist of acting in an advisory capacity to the city council, in the study, review, and recommendation related to master planning of transportation and streetscape matters, and guiding principles on Water and Wastewater matters. 5. The ETAC shall provide general input regarding the City's Circulation Element, the Bicycle and Pedestrian Master Plans, and Citywide Complete Streets, and advice on major surface transportation programs. ETAC may also provide input on street environment, streetscape, and right of way aesthetics. Secs. 2-556-2-599. - Reserved. Section 3. 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 0raEgo i - 8 — 13 3/16/2021 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 4. This ordinance shall become effective thirty (30) days after its adoption. Section 5. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of March, 2021. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT Councilmembers Councilmembers Vicente Sarmiento Mayor City Council 8 — 14 ura finance age of 15 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on March , 2021 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Daisy Gomez Clerk of the Council Page56 i - 8 — 15 3/16/2021 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE CHAPTER 2, ARTICLE IV DIVISIONS 2-9 TO REQUIRE BOARD AND COMMISSION MEMBERS TO BE RESIDENTS OF THE CITY INSTEAD OF QUALIFIED ELECTORS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares that the City of Santa Ana desires to remove barriers that prevent active participation by all City residents in City government. Consistent with this philosophy is the inclusion of all residents of the City for consideration for appointment to the City's Boards and Commissions. As a result and to be consistent with SB 225, the City Council of the City of Santa Ana has directed removal of the requirement that Board and Commission appointees be a "qualified elector" of the City. Instead, Board and Commission appointees will be required to be a resident of the City. Section 2. The Santa Ana City Council hereby amends Chapter 2, Articles IV, Divisions 2-9 of the Santa Ana Municipal Code as follows (additions are in red and underlined, deletions are stricken): CHAPTER 2 - ADMINISTRATION ARTICLE IV. - OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS DIVISION 2. -APPOINTIVE BOARDS AND COMMISSIONS Sec. 2-325. - Compensation for members of boards, commissions. 1. The members of the following boards and commissions of the city shall receive the compensation as set forth herein: (a) Community Development and Housing Commission. Fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus twenty dollars ($20.00) per month automobile allowance. (b) Personnel Board. Fifty dollars ($50.00) per meeting. (c) Planning Commission. Fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus fifty dollars ($50.00) per month automobile allowance. PagEXO i - 8 — 16 3/16/2021 (d) Historic Resources Commission. Fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (e) Parks, Recreation and Community Services Commission. Fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (f) Environmental and Transportation Advisory Commission. Fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (g) Youth Commission. One (1) meeting per month, three (3) special meetings maximum per year with the compensation of fifty dollars ($50.00) per meeting. (h) Arts and Culture Commission. Each commission member shall receive a maximum compensation in the amount of $50.00 for attendance at one regular meeting per month. 2. The members of the appointive boards and commissions may receive reimbursement for necessary traveling and other expenses when on official duty of the City when such expenditure has been appropriated by the City Council and authorized by the board or commission and subject to rules and regulations prescribed by ordinance or order of the City Council. Sec. 2-326. — Appointments, removals, vacancies, term a) Except as otherwise specified in the charter, the member of each of the appointive boards and commissions shall be appointed, and may be removed, by the City Council, subject in both appointment and removal by the affirmative votes of a majority of the members. For boards and commissions having at least seven (7) members, the City Council shall select seven (7) members from nominations made by the council member (or mayor in the case of the city-wide seat) whose term coincides with that board or commission seat, as determined by the City Council in accordance with subsection (e) below, together with nominations from any other member of the Council all other appointments shall be as determined by the charter, or by the City Council from time to time. At least fifty -percent (50%) of those persons nominated from time to time by a council member shall be residents of the ward represented by such council member. At the request of a councilmember, this rule may be waived by a 2/3 vote for the City Council for any one appointment if the requesting member is unable to find a qualified and acceptable ward resident to nominate. For purposes of this rule, residency is only required at the time of nomination. b) Vacancies arising from whatever cause shall be filled in the same manner. Upon a vacancy occurring leaving an unexpired portion of the term, any appointment to fill such a vacancy shall be for the unexpired portion of City Council 8 — 17 r finance 6 ge XX aof 14 such term. All terms shall begin on the same date as City Councilmember terms as provided in section 400 of the Charter. c) If a member of a board or commission absents himself or herself from two (2) regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, or fails to attend at least one-half (1/2) of the regular meetings of such board or commission within a calendar year, or is convicted of a crime involving moral turpitude, or ceases to be a resident of the City , the office shall become vacant and shall be so declared by the City Council. d) Except as otherwise provided in this section, the members of such boards and commissions shall serve for a term of four (4) years and until their respective successors are appointed or qualified, but in no event shall any persons be eligible for reappointment who has served three (3) consecutive terms of four (4) years each, irrespective of what seat or seats the member is appointed to by the City Council. Notwithstanding the foregoing, one seat shall be a city-wide seat having a two (2) year term which coincides with that of the Mayor, and which shall be limited to four (4) consecutive terms. Short or partial terms (as defined for City Council in Section 401 of the Charter) shall not be considered. Unless otherwise provided by ordinance of the City Council for a board or commission having more or less than seven (7) members, the terms of three (3) of the members of each such board or commission shall begin on the date of the beginning of the term of office of council members elected at every second general election commencing with the April, 1983 general election, the terms of three (3) other members shall begin on the date of the beginning of the term of office of council members elected at every second general election commencing with the November, 1984 general election, and one (1), as designated by the City Council, shall coincide with the term of the mayor. It is the intent of this section that the term of office on boards and commissions shall be concurrent with the term of office of council members. Thereafter, any appointment to fill an unexpired term shall be for such an unexpired period. No person shall be eligible for appointment to a board or commission who completed a term on the City Council immediately preceding that board or commission term. (e) For boards and commissions with at least seven (7) members, the City Council shall designate six (6)- board and commission seats by ward, and one city-wide. These designations shall be solely for the purpose of nominations and calculations of terms as provided in this Section 2-326. 0 ra i - 8 — 18 3/16/2021 Except for purposes of the fifty -percent (50%) nomination rule in subsection (a) above, residency in that ward is not required. Sec. 2-327. —Prohibition against serving as treasurer for campaign committee. If any member of an appointive board or commission shall become the treasurer of a campaign committee which receives contributions for any candidate for mayor or councilmember, his or her office shall become vacant and shall be so declared by the City Council. No person who serves as the treasurer of a campaign committee which receives contributions for any candidate for mayor or councilmember shall be eligible for appointment to any appointive board or commission. Sec. 2-328. —Meetings; chairperson; recording secretary. The election of each chairperson and vice -chairperson shall be held at the meetings of the respective boards and commissions during the month of July of each year. The board or commission, in the event of a vacancy in the office of the chairperson or vice -chair person, shall elect one of its members for the unexpired term. The chairperson shall have the responsibility for informing the City Council of board, commission, or committee actions or inactions and the reasons therefore. The City Manager or his or her designee shall designate a secretary for the recording of minutes for each of such boards and commissions, who shall keep a record of its proceedings and transactions. Each board and commission shall prescribe rules and regulations governing its operations which shall be consistent with the charter, this code, and shall be filed with the Clerk of the Council for public inspection. The personnel board shall meet monthly, provided there is business on the agenda to come before it. Sec. 2-329. — Reserved. DIVISION 3.- PERSONNEL BOARD Sec. 2-330. —Personnel board -Membership. The personnel board shall consist of seven (7) members to be appointed by the City Council from the residents of the City. None of the members shall be removed from office without reasonable and sufficient cause, in accordance with procedures as provided by ordinance. None of the members shall hold public office or employment in city government or be a candidate for any other public office or position, be an officer of any local, state or national partisan political club or organization, or while a member of the personnel board or for period of one (1) year after he or she has ceased for any reason to be a member, be eligible for appointment to any salaried office or employment in the service of the City. City Council 8— 1 g Ordinance 6 XX age 47 of 14 Sec. 2-331.-Same-Powers and duties. The personnel board shall have power and be required to: a) Hear appeals pertaining to the disciplinary suspension, demotion, or dismissal of any officer or employee having permanent status in any office, position, or employment in the civil service; and as otherwise provided for in the civil service rules and regulations; b) Consider matters that may be referred to it by the City Council or the City Manager and render such counsel and advice in regard thereto as may be requested by the referring authorities; c) By its own motion, make such studies and investigations as it may deem necessary for the formulation of civil service policies, or to determine the wisdom and efficacy of the policies, plans and procedures dealing with civil service matters and report its findings and recommendations to the City Manager or the City Council, or to both such authorities, as it may see fit; d) Conduct public hearings on all proposed amendments to or repeal of civil service rules and regulations in the manner as prescribed by ordinance, and advise the council of its findings in such matters within sixty (60) days. Sec. 2-332. —Attendance of witnesses; oaths and affirmations. The personnel board shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Each member of the personnel board shall have the power to administer oaths and affirmations in any investigation or proceeding pending before it. DIVISION 4.- PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION Sec. 2-333. Parks, Recreation, and Community Services Commission ---Membership. The members of the parks, recreation, and community services commission shall be appointed from the residents for the City. Seven (7) members shall be appointed as required by section 2-326 of this code. Sec. 2-334.-Same-Powers and duties. The parks, recreation and community services commission shall have the power and duty to: Ora i - 8 — 20 3/16/2021 a) Act in an advisory capacity to the City Council in matters pertaining to the acquisition, capital improvements, rehabilitation and maintenance of parks and recreational, cultural, zoo and facilities; b) Act in an advisory capacity and consider the proposed annual budget for the Parks, Recreation, and Community Services Agency and make recommendations to the City Manager and/or City Council; c) Act in an advisory capacity to the City Council in recommending policies and/or legislation on all matters pertaining to parks, recreation and community services; d) Perform such other duties as may be directed by the City Council; e) Act in an advisory capacity and provide a recommendation to the City Council and the City Manager as to the acceptance or rejection of offers of donations of money, personal property or real estate to be used for recreation and parks programs; and additionally, it shall make recommendations on the sale, transfer, or usage of existing or future park property; and f) The commission shall report annually to the City Council on its goals and accomplishments. Sec. 2-335-2-349. Reserved. DIVISION 5 - PLANNING COMMISSION Sec. 2-350. - Establishment. There is created and established a planning commission for the city pursuant to Santa Ana city Charter section 900. Sec. 2-350.1 —Planning commission -Membership. The planning commission shall consist of seven (7) members to be appointed by the City Council from the residents of the City, and no member of said commission shall hold any paid office or employment in City government. Sec. 2-350.2 —Planning commission- Powers and duties The planning commission shall have the power and be required to: a) Periodically review the City's General Plan; b) Make studies and plans for future civic land use, including use as public recreation facilities, c) Annually review the City's capital improvement program solely for consistency with the General Plan; City Council 8 — 21 Ord inance 6 XX age of 14 d) Exercise such functions as to land subdivisions, zoning and other City planning as may be prescribed by ordinance; and e) By its own motion, make such studies and investigations as it may deem necessary for the formulation of planning and land use policies and report its findings and recommendations to the City Council or the City Manager, or to both such authorities, as it may see fit. Sec. 2-351. - Meetings. The planning commission shall meet at dates and times as set forth in its bylaws. Sec. 2-352. -Reserved. Sec. 2-353. - Committees. The chairperson of the planning commission shall appoint as needed such temporary or standing committees for the study, investigation and report of particular matters as may be helpful in carrying out the responsibilities of the commission. Sec. 2-354. - Reserved. Sec. 2-355. - Director's duties. It shall be the duty of the Executive Director of planning and building safety as chief administrative officer of the planning department of the city to make or cause to be made such investigations, studies, drawings, maps and reports and recommendations as requested by the planning commission in the furtherance of its transactions. In addition, the planning director shall report to the planning commission all information and data available to him or her which can be of assistance to the deliberations of the commission and shall advise and recommend to the commission on all technical matters relating to city planning. Sec. 2-356. - City administrative officials' duties. It shall be the duty of all officials of the city to furnish to the planning commission within a reasonable length of time any information available to such officials as may be requested by the commission and required by it for the effective carrying out of its responsibilities. Sec. 2-357. - Submission of capital improvement plans. On or before the first day of March in each year each city officer, department, office, board, commission or other city agency whose functions include recommending, preparing plans for or constructing public capital improvements shall submit to the planning director, as the agent for the planning commission, a list of capital improvements proposed by such officer or agency for planning, initiation or construction during the ensuing fiscal year. 0 ra i - 8 — 22 3/16/2021 Sec. 2-358. - Report to council on capital improvement schedule. On or before the fifteenth day of May of each year the planning commission shall submit a report to the city council which shall contain any revisions recommended by it in the capital improvement program, as required by section 2-357 of this Code, and shall also contain the comments and recommendations of the commission regarding the capital improvements proposed by the various officers and agencies of the city as provided for in section 2-357. Sec. 2-359. - Appeals from decisions of the building official. The planning commission shall also hear appeals from the decisions of the building official in accordance with section 8-4 of this Code. Sec. 2-360. —Attendance of witnesses; oaths and affirmations The planning commission, when hearing appeals from the decision of the building official, shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Each member of the planning commission shall have the power to administer oaths and affirmations in any investigation or proceeding pending before it. Secs. 2-361-2-369. - Reserved. DIVISION 6. - HISTORIC RESOURCES COMMISSION Sec. 2-370. - Establishment. There is created and established a historic resources commission for the city pursuant to and in accordance with the provisions of city Charter section 900. Sec. 2-371. - Members. The historic resources commission shall consist of nine (9) members. Seven (7) members shall be subject to appointment and removal and shall serve terms in accordance with section 2-326 of this Code. The remaining two (2) members shall be ex officio representatives from the planning commission and the community development commission, with one (1) member from each commission. Commission members should possess an expertise and experience in the disciplines of architecture, history, architectural history, planning or other historic preservation related disciplines, such as urban planning, to the extent that such professionals are available in the community. Sec. 2-372. - Meetings. The historic resources commission shall meet at dates and times specifically set out and established in the bylaws of the commission. City Council 8 — 23 Ord inance 6 XX age of 14 Sec. 2-373. - Director's duties. It shall be the duty of the executive director of the planning and building safety , as chief administrative officer of the planning department of the city, to make or cause to be made such investigations, studies, drawings, maps and reports and recommendations as requested by the historic resources commission in the furtherance of its transactions. In addition, the executive director of the planning and building safety shall report to the historic resources commission all information and data available to him or her which can be of assistance to the deliberations of the commission and shall advise and recommend to the commission on all technical matters to historic preservation. Sec. 2-374. - Powers and duties. The historic resources commission shall have the following powers and duties: (a) Consider all matters that may be referred to it by the city council or the city manager and shall render its recommendations, counsel and advice in regards thereto; (b) Carry out those duties enumerated in chapter 30 of this Code regarding places of historical and architectural significance; (c) Advise and make recommendations to the city council on applications for properties to be included in financial incentive programs participated in by the city for the preservation of historic resources; (d) Advise and make recommendations to the planning commission, city council and other city boards and commissions regarding historical projects and property; (e) Recommend to the city council policies and regulations regarding the protection, reuse and rehabilitation of historical property; (f) Recommend to the city council programs for the protection, retention and use of historic resources including utilizing federal, state, local and/or private funding sources and mechanisms, such as Certified Local Government Program, Mills Act Contracts, and the state Historic Building Code; (g) Recommend to the city council programs that confer recognition upon the owners of designated historic resources; (h) Encourage public understanding and involvement in historic and architectural heritage. Secs. 2-375-2-449. - Reserved. DIVISION 7. —YOUTH COMMISSION Sec. 2-450. - Commission established; composition. There is hereby created and established a youth commission for the City of Santa Ana, having such powers as set forth in this division. The youth commission shall consist of Page J''o i - 8 — 24 3/16/2021 seven (7) regular members who shall be subject to appointment and removal pursuant to Section 2-326 of this Code. No member of the commission shall hold any paid office or be employed in the City government. Sec. 2-451. - Requirements of membership. Each member of the youth commission shall be a student enrolled and attending school in 7t" through 12t" grades, as well as a resident of the City of Santa Ana. Members shall consist of up to seven voting members, all residents of the City of Santa Ana. Should any member cease to reside within the City of Santa Ana, or cease to be a student enrolled and attending a school his/her office shall automatically be vacated. Sec. 2-452. - Director's duties. It shall be the duty of executive director of the parks, recreation and community services agency, and/or his/her designee, to report to the youth commission all information and data available to him/her which can be of assistance to the deliberations of the commission and shall advise the commission on any issues on which they require assistance and/or guidance. Sec. 2-453. - Meetings. The youth commission shall meet at dates and times set forth in the bylaws. The bylaws shall be approved by the City Council. Sec. 2-454-2-455. Reserved. Sec. 2-456. - Organization. The commission shall elect from its members a chairperson and vice chairperson, each of whom shall serve in such position for the term of one (1) year. No member shall serve in the position of chairperson for more than one (1) term. Sec. 2-457. - Responsibilities and duties of commission. The youth commission shall have the following responsibilities and duties: (a) Act in an advisory capacity to the City Council in matters pertaining to youth and teen services, programs, and cooperation with other public and/or private agencies; (b) Act in an advisory capacity and consider the proposed annual budget for the Parks, Recreation and Community Services Agency and make recommendations regarding youth services to the City Manager and/or City Council; (c) Act in an advisory capacity to the City Council in recommending policies and/or legislation for improving the position of the youth in the City of Santa Ana; and City Council 8 — 25 r finance age of 14 (d) Perform such other duties as may be directed by the City Council. Secs. 2-458-2-549. - Reserved. DIVISION 8. - ARTS AND CULTURE COMMISSION Sec. 2-550. - Establishment. There shall be created, constituted and established a Santa Ana Arts and Culture Commission. Sec. 2-551. - Members. The arts and culture commission shall consist of seven (7) members. Members of the commission should be persons who are concerned about arts and cultural issues in the city and should be persons who have professional expertise or substantial volunteer involvement in the following areas: Visual, performing or literary arts; architecture, design or urban planning; education; history; science; film; or arts and cultural institution management. The commissioners shall be subject to appointment and removal and shall serve terms in accordance with section 2-326 of this Code. Sec. 2-552. — Meetings. The arts and culture commission shall meet on dates and times as established in the bylaws of the commission. Sec. 2-552.5 - Duties of the city manager. It shall be the duty of the city manager or his or her designee to provide staff support to the arts and culture commission and provide data, materials and resources which can be of assistance to the deliberations of the commission and shall advise and recommend to the commission on all technical matters. Sec. 2-553. - Powers and duties. The arts and culture commission shall have the following powers and duties: (a) The commission shall act as an advisory body to the city manager and the city council and make recommendations regarding but not limited to: (1) Policies, priorities and plans for the development and improvement of arts and cultural activities in Santa Ana, and, in conjunction with other appropriate agencies, in the greater Santa Ana area. (2) Coordinating with the private sector and other governmental agencies in promoting arts and cultural excellence as a tool for the encouragement of economic development, business relocation and tourism. (3) Organizing and promoting activities which celebrate the city and its unique cultural heritage. Page'10 i - 8 — 26 3/16/2021 (4) Allocation and budgeting of funds for arts and cultural funding. (5) Payments for the design, execution and placement of public art projects, within established appropriations for the art projects. (6) Encouraging the use of local artists in city public art projects. (7) Guidelines for accepting, selecting, purchasing, commissioning, placing and preserving art projects and other city art acquisitions, gifts or extended loans of art. (8) Deaccessioning of artworks, when necessary. (b) The commission shall advocate for arts education, cultural diversity, and other initiatives that further the growth and sustainability of the arts and cultural community in Santa Ana area. (c) The commission shall have such other powers and duties as may be appropriate in carrying out the purposes and goals of this division and as set forth in reports or recommendations adopted by the city council. (d) The commission shall consider matters referred to it by the city manager or the city council. DIVISION 9. - ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMISSION Sec. 2-554. —Environmental and transportation advisory commission 1. On December 2, 1991, the city council created and established under city council Resolution No. 91-112 the environmental and transportation advisory committee for the City of Santa Ana. This body shall now be known as the environmental and transportation advisory commission (ETAC). The environmental and transportation advisory commission shall be comprised of nine (9) members who shall be residents of the city. The provisions of section 2-326 of this code shall govern the appointment, removal and terms of the members of ETAC and the existence of vacancies on ETAC Membership in ETAC may include (1) member who shall be nominated by the Santa Ana Chamber of Commerce and approved by a majority of the City Council and one (1) member nominated by the Santa Ana Hispanic Chamber of Commerce and approved by the City Council within the nine (9) member limit. The members nominated by the Chambers need not be residents of the city. Effective January 1, 2021, the members nominated by the Santa Ana Chamber of Commerce and the Hispanic Chamber of Commerce are limited to one, four (4) year term. 2. ETAC meetings and procedures shall be resolved and detailed in separately adopted by-laws. City Council 8 — 27 r finance age of 14 Sec. 2-555. —Same-Duties and responsibilities. 1. The duties of ETAC shall consist of acting in an advisory capacity to the city council in the study, review, and recommendations with regard to the removal, planting, replanting or disposition of public trees in the public right of way. ETAC shall review and make recommendations regarding requests for public tree removal by individual property owners, neighborhood associations, or developers. The ETAC shall make recommendations on designated species for specific streets and neighborhoods. 2. ETAC will assist in the dissemination of news and information regarding the protection, maintenance, removal and planting of public trees on public property to the city council and citizens of the City of Santa Ana. 3. ETAC, when requested by the city council, shall consider, investigate, make finding, report and recommend upon any special matters of question coming within the scope of the urban forest. 4. The duties of ETAC shall also consist of acting in an advisory capacity to the city council, in the study, review, and recommendation related to master planning of transportation and streetscape matters, and guiding principles on Water and Wastewater matters. 5. The ETAC shall provide general input regarding the City's Circulation Element, the Bicycle and Pedestrian Master Plans, and Citywide Complete Streets, and advice on major surface transportation programs. ETAC may also provide input on street environment, streetscape, and right of way aesthetics. Secs. 2-556-2-599. — Reserved. Section 3. 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 4. This ordinance shall become effective thirty (30) days after its adoption. 0raEgo i - 8 — 28 3/16/2021 Section 5. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of March, 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: X"'w A. R� Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on March , 2021 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Daisy Gomez Clerk of the Council City Council g _ 2g r finance age of 14 Community Development Agency https://www.santa-ana.org/cd Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: Appoint New Board Members to the Workforce Development Board Representing Private Sector Business. AGENDA TITLE: Appoint Pierre Loubet and Daisy Campos for a partial term expiring May 31, 2022, Johanna Rivera for a partial term expiring May 31, 2023, and Doug Beaver and Bridget Kavanaugh for a partial term expiring May 31, 2024 to the Workforce Development Board representing Private Sector Business. RECOMMENDED ACTION Appoint Pierre Loubet and Daisy Campos for a partial term expiring May 31, 2022, Johanna Rivera for a partial term expiring May 31, 2023, and Doug Beaver and Bridget Kavanaugh for a partial term expiring May 31, 2024 to the Workforce Development Board representing private sector business. DISCUSSION Workforce Development Board Executive Committee Action At a Special Meeting held on March 1, 2021, by a vote of 5:0, the Executive Committee of the Workforce Development Board recommends City Council appoint Pierre Loubet, Daisy Campos, Johanna Rivera, Doug Beaver and Bridget Kavanaugh to the Workforce Development Board. On May 17, 2016, the Santa Ana City Council adopted Resolution 2016-031 establishing the Santa Ana Workforce Development Board (WDB) and appointed 25 members. In accordance with the federal Workforce Innovation and Opportunity Act (WIOA) Section 107(b)(2)(A-D) a local WDB board is to be comprised of representatives from specific categories and that the number of WDB members in the categories be proportional in different ways to the total membership while maintaining a greater than 50 percent representation from the business sector. WDB Board members are to be appointed by Council under the categories of membership, prescribed by law, as follows: • Representatives from local businesses 13 members City Council 14 — 1 3/16/2021 Appoint New Board Members to the Workforce Development Board Representing Private Sector Business March 16, 2021 Page 2 • Representative from labor, labor registered apprenticeship, 5 members and/or community based organization) • Representatives from local education institutions 3 members • Representative from government entities (Dept. of 4 members Rehabilitation, Social Services Agency, EDD, and Economic Development) The Workforce Development Board Executive Committee met and reviewed the appointees resumes and are recommending City Council appoint Pierre Loubet, Medical Accounts Business Development — Senga Engineering, Daisy Campos, Sole Proprietor, Johanna Rivera, Human Resources Director — Polly's Inc., Doug Beaver, Director of Sales — Cherry Aerospace and SPS, and Bridget Kavanaugh, Marketing/Public Relations — People's Inc.(Exhibit 1). Over the past year, several private sector members have had to resign from the WDB due to relocation for employment, retirement, and economic reasons brought about by the global pandemic. FISCAL IMPACT There is no fiscal impact associated with this item. EXHIBIT(S) 1. Resumes — Pierre Loubet Daisy Campos Johanna Rivera Doug Beaver Bridget Kavanaugh Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 14 — 2 3/16/2021 EXHIBIT 1 Pierre E. Loubet Senga Engineering Business Development, Medical Accounts 1525 E. Warner Ave, Santa Ana, CA 92705 Compendium • Born in Newport Beach Ca. (when it was a three-story building) • Graduate of UCLA: Sociology, minor Molecular Biology • First job: Marketing Representative: IBM —Burbank NMD • Hired by Client: Entertainment: Matriculated to be VP Marketing and Sales for (Karl Video —creator of Jane Fonda Videos, Richard Simmons, Playboy, Scholastic and Lorimar Telepictures Movie Studio— purchased by Warner Brothers) • VP Marketing and Sales: Lorimar Telepictures, Technicolor, Bertelsmann and Warner Music (sales budget was $450,000,000) single most profitable division for Time Warner. • Following demise of physical media; created several startups for consulting, branding, public relations, `rent an executive', logistics, stuntman, and started a dermaceutical company. • Recently, Business Development Manager for Medical Device: Senga Engineering. A precision CNC Machine Shop in Santa Ana, CA. Senga Engineering has been in business since 1979; owned by Roy Jones. Senga Engineering has 50 employees, is Veteran Owned, Small business that makes exacting tolerance parts for: Aerospace, Defense, Connector, Medical Device, Energy and other industries. Wealth of small business, mid -size corporate and Fortune 500 corporation involvement, from start-up to Executive Committee with SEC reporting and Financial Analysis interviews. Marketing and manufacturing initiatives have placed no less than five pieces of product into every home in America. City Council 14 — 3 3/16/2021 EXHIBIT 1 ImDaisy Campos (714) 864-8030 1 campos.r.daisy@gmail.com I Santa Ana, CA Professional Hi hli hts • Campaign Finance & Political Consulting • Government Relations • Management • Strategic Partnerships • Communications • Legislative & Policy Comprehension Education & Training • University of California, San Diego: Bachelor of Arts in Sociology • Santa Ana Community College: Associate of Arts, Sociology • California State University, Fullerton, Human Resources Management Certification Program • Hispanas Organized for Political Equality (H.O.P.E.): Leadership Institute Program Graduate • Delegate to the 69th Assembly District, CA Democratic Party Career Experience Political Campaign Finance Director / Campaign Consultant — Self Employed January 2019 - Present • Run a small business operation which develops fundraising strategies for candidates and creates budget for campaign financial spending • Draft and execute campaign email communication to execute outreach and fundraising efforts • Direct clients during call time appointments by providing leads for phone calls • Introduce and connect clients with community stakeholders in education, small business, private and public sectors, unions, and political action committees • Manage, research, and generate leads for political campaign contributions • Plan, coordinate, and execute political fundraising events and conduct follow-up on outstanding monetary pledges • Advise clients by providing verbal and written talking points recommendations to strategically and successfully obtain monetary campaign contributions • Participate in multi -discipline team strategy meetings and calls for comprehension of campaign roll out and issues of importance; required to report financial standings for campaigns for funds raised, spent, cash -on -hand, and projected fundraising achievements or goals City Council 14 — 4 3/16/2021 EXHIBIT 1 Chief of Staff - Progressive Solutions Consulting April 2016 — January 2019 • All duties included in the aforementioned job description • Responsible for all office management and operational duties such as human resources, operations, project & data management, campaign compliance, scheduling, payroll, invoices, and employee relations • Trained new staff on all fundraising policies and procedures to prepare them for new roles •-Man_aged staff, and -ass fined d-utles to sucoessf ally -meet client needy - - _ • Responsible for booking all travel logistics for CEO, clients, and/or self for local, statewide or national travel to fundraising events, conferences, or related business matters Communications & Social Media Manager - IVC Media May 2015 — April 2016 • Created and managed strategic communication for social media accounts pertaining to clients of all political persuasions (e.g.: Republican and Democratic elected officials, ballot Initiatives, Political Action Committees, H.O.A.'s, or utility companies) • Established and maintained strategic partnerships with clients to understand issues of legislative importance • Responsible for researching legislative bills, federal laws, city measures / regulations and required to analyze the political climate as it pertained to trends in environmental issues, urban or coastal planning, transportation or land use • Executed online public relations campaigns by using social media engagement platforms (i.e. Facebook, Twitter) • Identified demographic -appropriate communities and composed content for effective online advertising, petition drives, and marketing campaigns for voter education efforts • Created comprehensive monthly reports to summarize progress of online presence, goals, successes or failures of petition drives as they pertain to creative campaign messaging Field Representative, California State Assembly — 65t" District October 2013 -- January 2015 Acted as the Member's representative and liaison which required knowledge of the district's legislative bills and budget priorities Attended local government and community events to speak on the Member's behalf and reported back to district staff for strategic collaboration in order to address action items of importance Identified, planned, and coordinated events for the Member or staff participation for speaking opportunities and community outreach City Council 14 — 5 3/16/2021 EXHIBIT 1 • Established and maintained well standing relationships with local Elected Government Officials, School Board Members, Public Safety Officials, and community stakeholders • Prepared talking points, briefings, memorandums for the Member • Maintained awareness and involvement in community affairs with other local intergovernmental agencies • Assisted in research of C.A. Assembly Bills and Legislation and identified potential effects on the district District Scheduler & Executive Assistant - U.S. House of Representatives, 46t" District January 2012--0ctcb-ar2101-3 • Coordinated and maintained the Congressional Member's daily schedule, travel plans, and any/all in -district appointments and travel • Reviewed and screened all inquiries for the Congressional Member's district office meeting requests and off -site visits as according to staff recommendations • Assisted with various administrative duties and office management tasks such as composition of Congressional Certificate requests, Resolution requests, and referrals for Capitol tours • Reviewed the Member's incoming correspondence and invitations and made recommendations for attendance to community events by maintaining records of all event or meeting requests • Conducted outreach and coordination for scheduling district office meetings with local businesses, stakeholders, educator, unions, or dignitaries • Required to research and understand federal legislative affairs, community affairs, and intergovernmental services City Council 14 — 6 3/16/2021 EXHIBIT 1 Johanna Vvera VALUE OFFERED Motivated and proven HR strategic business partner with over 12 years of human resources experience, creating and managing a full spectrum of human resources programs, services and functions which are aligned with company goals. Successful at developing and implementing strategies for the company while increasing employee morale and creating partnerships within the employees and business leaders. Creativity and Innovation Commitment and Passion Decision - Making Capabilities a4'trong-hiterpersonal-Skills - Employee Relations Policies arid -Procedures -- Bilingual -English & Spanish Organizational Development Labor & Immigration Laws Excellent Oral & Written Skills Recruiting Benefits & Compensation EDUCATION Certificate in Human Resources Management, California State University of Fullerton, Fullerton, CA Bachelor's of Art Degree: Liberal Arts and Minor Spanish, California State University of Long Beach, Long Beach, CA PROFESSIONAL EXPERIENCE Human Resources Director, Polly's Inc., 2014 to Current Human Resources Manager, Polly's Inc., 2012 to 2014 Manage the Human Resources function and provide Strategic leadership to the leadership team and Board of Directors. Provide support to 1,200 team members in a 24/7 environment. Partner with leadership team in determining required people resources, address inefficiencies, training needs, identification of leadership talent, and succession planning. Manage the safety and workers' compensation programs for the company and successfully reduce claims and target for 90-day closure. Since 2018 to 2020, I successfully reduced company's Ex -Mod from 194% to 147% by assessing actual damages associated with claims and negotiating, within assigned authority limits, to settle claims. Involved in the day-to-day activities; employee relations, recruiting, leave management and benefit administration. Achievement Highlights: • Building Relationships. Changed the leadership's perception of Human Resources function from administrative to true business partner. • Prepared and managed HR budget efficiently. Took part in the budgeting process regarding training expenses, safety costs, and other planned team member related activities. • Development and Implementation of Recruitment Strategy. Revised new hire orientation and partnered with the stores and leadership team to create a more strategic on boarding process. • Enforce Efficiency. Audited current HR practices and establish new process for leave management, payroll processing, and compensation. Transitioned benefits and the onboarding record keeping process to electronic files. • Established written policies and procedures for vacation scheduling, productivity standards and incentive programs to ensure consistency and equity across the division. • Strategies & Execute. Revised Employee Handbook, Performance Reviews, Employee Code of Conduct and Attendance Policy for the hourly employee's policies to improve business performance. Proven to bring compliance, consistency and equity across the business. • Knowledgeable in laws and Interpretation. Ensure the Company is compliant with all State and Federal laws and implement the steps to ensure appropriate compliance and minimize risk. Specifically, meal and rest periods and documentation for all employees. • Ensured staffing needs were met. Conducted company meetings to inform staff about issues such as new employee benefits and ways of improvements. • Managed a talent development program by partnering with the CEO & VP of Operations. We identified strengths, opportunities across the business and created a plan of action for growth. City Council 14 — 7 3/16/2021 EXHIBIT 1 Human Resources Manager, Oakley Foothill Ranch, CA 2009-2012 Provided well rounded human resources services that are creative and innovative while carrying out responsibilities in the following functional areas: employee relations, training and development, benefits, compensation, organizational development, departmental development, Human Resource Information Systems (HRIS), and employment. Achievement Highlights: • Employee Relations. Conduct sensitive investigations and respond to employee grievances; Sexual Harassment, Harassment, Age Discrimination, Gender Discrimination, and anonymous hotline claim. • Strategic Partner. Provided advice to Management on employee related opportunities. Improved employee relations and performance by identifying the root cause of opportunities and finding solutions. Implemented a performance management program which has proven to be very effective in maintaining a highly productive workforce. • Advised and consulted with management on performance management initiatives and strategies. Developed and implemented individual corrective actions plan on performance that provide tools for employee's improvement and development. • Coaching/Leading through-others.Leader__w_ho_coaches/t_levelops__M_a.na.gers_and_Strpe viisors_r--�+i Le-adership_to bP_aligned ��ci+11 _ our company compass of values. • Organizational Excellence. Developed and implemented employee process improvement ideas program tied to our FY12 priorities. • Developed hourly employee recognition programs that have increased employee satisfaction. Customized online recognition program to reach our hourly workforce. Employees are now able to recognize one another, and Supervisors can recognize employees on the spot. Managed the employee recognition programs. • Created and implemented a comprehensive employee performance management metric to track individual performance. On a quarterly basis, I prepared an individual score card for each employee which summarizes their individual performance and contributions. • Initiator and process improvement. Facilitated monthly meetings with Manufacturing team to allow for open forum for human resources issues and improved communication between all levels of production. Human Resources Specialist, Oakley Inc. Foothill Ranch, CA 2008-2009 Responsible for consulting with and helping practice managers and supervisors on company policies and procedures while providing an appropriate solution to employee problems. Proposed and developed a set of rules that would monitor the discipline and work of workers. Maintained a detailed record of turnover, researched and formulated strategies which effectively aid in employee retention. Achievement Highlights: • Process Improvement. Revamped, process and monitor leaves of absences to ensure compliance with state and federal laws while enforcing consistent practices and leader of outsources leave administration. • Proven Project Manager. Managing Benefit Open Enrollment including; coordination with outside vendors, benefit entry in HRIS system, and administrated Cobra. • Compensation. Processed personnel actions that included salary adjustments, merit increases, transfers, pension and calculations. • Strategic Partner, Provide executive -level administrative support to the Director of Human Resources and direct reports with a demonstrated ability to improvise, improve procedures, and meet demanding deadline. Provided advice to Management on company strategies and situations aligned with our values, objectives and priorities. • Research and analysis. Generate monthly, quarterly, and YTD turnover reports and present findings with recommendations to Operation leaders. • Communicated with management and staff to ensure that policies/procedures and state and federal laws are followed. • Lead training function and staff. Facilitated training workshops and new hire orientations. Conveyed a sense of passion towards the company's values to new employee which was motivational and created a connection for what was in it for the employee. Lead the department trainers with their department training assignments. Tracked department training compliance for the distribution center warehouse departments. Executive Administrative Assistant (Human Resources), Husky Injection Moldiva Systems, 2005- 2008 Supported the western regional technical centers in variety of areas but highly focused in human resources services. Managed a broad range of HR functions including, staffing, payroll, benefits, on boarding, safety, employee recognition program, team building events, and performance management City Council 14 — 8 3/16/2021 EXHIBIT 1 Achievement Highlights: • Proactive leader who is forward thinking. Developed vital competitive analysis process to facilitate implementation of aggressive company marketing strategy. • Streamlined HR & payroll processes. Process and audited payroll time sheets for accuracy for monthly reporting and correcting discrepancies. • Instrumental in assisting managers in lowering employee overtime. 'Tracked employee overtime and brought awareness to management of the need for fiscal responsibility. • Time Management. Provide administrative support to the Director of Strategic Planning and secondary support to the General Managers in secretary's absence in areas of calendar management and document preparation. • Managed Hiring Process. Assisted with the hiring process, including job advertisements, phone screens, reference checks, new hire paperwork, coordinate drug screenings, conduct new hire orientation; and maintain confidentiality. • Systematical. Analyzed various report including, regional forecast, contracts, customer reports, budgets, and trend analysis. • Spearheaded and coordinated employee wellness programs. Coordinated wellness workshops, health screenings, eight -week fitness program and onsite walking for fitness program. Our location achieved the highest participation in the fitness program • Developed and implemented safety program that measures safety accountability by department and requires action planning and ownership towards corrective actions. Coordinated monthly safety audits in the work areas which include feedback of employees. Developed and facilitated monthly safety trainings. • Achieved compliance with laws and regulations. Coordinated facility self audits for compliance with laws, policies and procedures. City Council 14 — 9 3/16/2021 EXHIBIT 1 Doug Beaver, Jr. I Director of Sales I Cherry Aerospace and SIPS 1224 E. Warner Ave. I Santa Ana, California 92705 O: +1 714 850 3631 1 E: Doug.BeaverJra-pccairframe.com Experienced Director of Business Development with a demonstrated history of working in the aviation and aerospace industry. Skilled in Negotiation, Operations Management, Sales, Team Building, and Management. Strong business development professional with an Executive Education Program focused in Commercial Development from University of Michigan - Stephen M. Ross School of Business. Experience Cherry Aerospace, a SPS Technologies Company May 2019 — Present Santa Ana, CA Director of Business Development - East Coast SPS Fastener Division, a PCC Company February 2016 — May 2019 Jenkintown, Pennsylvania Eastern Regional Sales Manager SPS Technologies March 2014 — February 2016 Jenkintown, PA Managing Eastern Territory from Montreal down to Florida. Responsible for calling upon established customer base of Original Equipment Manufacturers (OEMs), Authorized Distributors, specialized customers, as well as new prospective companies, for the purpose of establishing and maintaining excellent customer relations and developing new business opportunities. This is best accomplished by fixing customer issues that may arise in a timely manner, and ensuring that customers get the unsurpassed attention and service they deserve, Education University of Michigan - Stephen M. Ross School of Business Executive Education Program - Commercial Development - 2016 Temple University Bachelor's Degree — Film & Media Arts Graduated 2003 Activities and Societies: London Study Abroad Program (2001) Volunteer experience Committee Member Abington Township Dec 2016 -- May 2019 • �' / 6/2021 EXHIBIT 1 BRIDGET KAVAINAUG H EXPERIENCE MARKETING AND PUBLIC RELATIONS People's, Inc. (current role) Market research, copywriting, design layout, and policy research and report creation for local officials in farming communities. 1`,� RESEARCH AND CULTIVATION BKAVANAUGH People's, Inc. (previous role) @PEOPLESCALL.COM Tissue culture cultivation of cannabis plants in a working laboratory, biotechnology research, compliance, and quality assurance. x JOURNALISM LA Weekly (ongoing) (949) 212-2084 Covering drug policy and the local business beat for LA Weekly as well as their local spin-off paper, the Irvine Weeldy. VOLUNTEER EXPERIENCE OR LEADERSHIP Leadership, Orange County Mycology Club Irvine, CA Design and Copywriting, Seed Bombs Not Real Bombs Orange County, CA Curriculum Design and Assistant Instruction, UCI Writing Project Irvine, CA Volunteer, Shahid Buttar for Congress 2020 San Francisco, CA Volunteer, Share Our Selves Costa Mesa, CA Volunteer, Illumination Foundation Orange, CA EDUCATION JOURNALISM Emerson College Studied journalism and research techniques at Emerson College from 2015 to 2016. Orange County School of the Arts I'm a proud alumnus of Santa Ana's OCSA. SKILLS Public Relations, Marketing & Market Research Quality Assurance, Research & Cultivation Business Networking & Team Leadership Curriculum Design & Educational Instruction Digital Content Production, and A deep understanding of the legal marijuana industry, City Council 14 — 11 3/16/2021 Clerk of the Council Office https://www.santa-ana.org/cc Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: Destruction of Obsolete Records AGENDA TITLE: Approve Destruction of Obsolete City Records RECOMMENDED ACTION Approve the requests for the destruction of obsolete records from the Police Department and Public Works Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014. DISCUSSION On April 1, 2013, the City Council approved Resolution 2013-014 (Resolution). This Resolution provides to the multiple agencies, departments, and offices of the City, guidance on the retention of City records and how long the records need to be retained. To assist the City, the Citywide Records Team compiled the Citywide Records Retention Schedule (Schedule) which sets forth the retention period for a particular record. The Schedule reflects the requirements of the Public Records Act, is modeled after the California Secretary of State's sample for local government, and incorporates other statutory periods applicable to Santa Ana. The Resolution attaches the Schedule, which is broken down into multiple sections covering the varied responsibilities and retention periods for a City department. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum retention period requirements. Section 5.13 of this Resolution and the City's Municipal Code requires that the City Attorney approve the destruction of a City record. Accordingly, the Executive Directors for the Police Department and Public Works Agency provide lists of obsolete records proposed for destruction. A copy of each memorandum was reviewed by staff from the City Attorney's Office and approved by the City Attorney. Each memorandum is attached as an exhibit to this staff report. Destruction of these records will serve to City Council 15 — 1 3/16/2021 Destruction of Obsolete Records March 16, 2021 Page 2 benefit each office with more efficient access to files and to alleviate the City's current storage needs to maintain these obsolete records. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this item. EXHIBIT(S) 1. Request for Destruction of Records - Police Department 2. Request for Destruction of Records - Public Works Agency Submitted By: Daisy Gomez, Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 15 — 2 3/16/2021 From: Sr. PCO Y. Bautista (via Chain of Command cc: Cmdr. Elms, Sgt.Shin Date: January 29, 2021 Re: Obsolete Records Destruction Schedule -Police Department Request In compliance with the City's retention schedule for parking and traffic citations, which is two years from the date of issuance, I am requesting the destruction of citations for the period of January 2007 to August of 2017. There are currently 39 banker -style boxes to be destroyed. Respectfully Submitted, Y. Bautista. City Council 15-3 3/16/2021 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: Record Record Series Record Description Record Dates Category Citations Jan.2007-Aug. Parking Citations Jan-2007- Aug. 2017 Traffic Citations Jan. 2007-August 2017 2017 Prepared by: Name: Yolanda Bautista Title: Sr. PCO Date: 01 /29/21 Number of boxes to be destroyed: 39 Per City of Santa Ana Records Retention Schedule — Police Department (Exhibit J): Retention Period = 2 Years (GC 34090) CONSENT BY: C]Da ' a entin. Chief of Police Santa Ana Police Department AP ROVED BY: Bogos n, Tamara r ity Attorney Records destroyed by: Print Name & Badge # Date of destruction: 2 2 D fie Date Signature Once your records have been destroyed return this form to the Records Manager and keep a copy of this form for your files. City Council Page 1 of 1 15 — 4 3/16/2021 (1) Q (f) C .2 t5 a) Q) rn O rr m O RF z U)i 2 2 E2 .2 C C C C C C .9 .9 2 0 C 2 C, 0 0 h > 0 > >LO .9 > Ln > 0 'a 2 . , 0 < — < — < M < z M < — < M 6 CI , t7n M (a P zr- E = E Z-- L) U U 0 C C a D > 0 0 C C a C a LO > w 0- a_ CL COrn 0 R 83) 8 Lei 0 It 0 L.L 0) 0 C� 0m 0 0) 0 0 m 0 0 0 0 00 CI) M 0 Cj cr) 0 0) 0) M CO 'j5 to < IT C) Q) 0 U > to U U) �2 L) CO W 0 D CO 0 C w Ca m m m m m E2 M E CU CO a m all 0 Q) a) Q) 0 Q) a) 4) Q) 4Y (D Q) CLa tfy 0 LO LO U-) m C"i C4 N N N in N a) C14 a_ w 0 as 0 0 0 0 0 "ri 0) 0 0 Nd "mar 'G) ') -FU p 8 2E a § a § .- CL E a) C 0 0 0 E CD 0 E C: C> -.;-- E C C w C a < p -a > (D -a > E ('D —OL > E a > E aas —CL > E < a) < < (D < w o E m >, ca 0 0 m >, 0 0 m arUb 0 0 0 C; 0 a) 0 0 0 0 a 0 16 0 CD a) 2 a. 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Carvalho, City Attorney From: Nabil Saba Executive Director, Public Works Agency Subject: Reguest for Destruction of Records Date: 2/2/2021 The Public Works Agency requests your consent to destroy city records on the attached listings, in accordance with the retention schedule outlined in City Council Resolution 2013-014. Please review this report and return a signed and dated copy of the attached pages approving the destruction of these records. Thank You, ' 7 Nabil Saba Executive Director Public Works Agency City Council 15-6 3/16/2021 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE Public Works Agency 2021 RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE/RETENTION PERIOD RETENTION PERIOD GOVT. CODE Construction Engineering Project Files Construction project related files. Construction Completion Date/ 10 years 2010 & Prior GC 34090; CCP 337.15 Maintenance Weed Abatement Assessments Weed removal costs charged to tax bills. Council Meeting Date/Completed +5 years 2013 & Prior GC 34090 Service Request Request for maintenance services, Request Date/2 years 2015 & Prior GC 34090 Nabil Saba Executive Director Public Works Agency �44 I,(." -:r A for Wia R. Carvalho City Attorney DESTRUCTION OF THESE RECORDS VERIFIED BY: K-1 Date 3-2-21 Date Marg et Mercer Date 4 Administ It U1VI Public 4 gqp 15-7 3/16/2021 Public Works Agency Files to be Destroyed Record Series: Project Files Record Description: Construction Project Related Files Record Start Date: 2/18/2000; PR #7351, 7326 & 3164 — Neighborhood Street Rehabs 5/10/2001; PR #1596 — Fairview Rehab; 111-17t" 9/16/2002; PR #6350 — Skatepark at Centennial Park 7/30/2003; PR #1763 — Warner Ave. Rehab 10/10/2003; PR #7134 — Downtown Streetscape Model Block 10/27/2003; PR #7133 — 2°d Street Lighting Upgrade 3/22/2005; PR #6369 — Centennial Regional Park, Dan Young Soccer Field 9/8/2005, PR #04-6406 — Bomo KoraI & Lilly King Park Playground Renovation 10/17/2005; PR #04-5003 — Main Street Traffic Management, Phase V 12/20/2005; PR #04-5000— In -Pavement Flashing Crosswalk 12/27/2005; PR #04-6401— Centennial Park & Dan Young Turf 1/12/2006; PR #04-6404 — Angels, Cabrillo & Fischer Center Roof Replacement 1/12/2006; PR #04-6405; Heritage Park & Eddie West Stadium Parking Lot Improvements 7/5/2006; PR #04-6404A — Jerome Park Pool House 1/9/2007; PR #04-6403A — SA Zoo Central Restroom Renovation 2/8/2007; PR #04-6404B — Heritage, Madison & Adams Park Roof Replacements 4/17/2007; PR #6371—Santa Ana Zoo Necropsy Facility 12/4/2007; PR #06-6409— Eddie West Field Synthetic Turf/Restroom/Electrical Renovations 8/20/2008; PR #06-1008 -15Y Street Rehab 12/4/2008; PR #6366 —Santiago Park, Wildlife & Wetlands Center 7/24/2009; PR #7170 — Grand Central Art Center Tenant improvements 12/16/2009; PR #10-6400; Carr Intermediate Sewer Lateral Improvements 5/4/2010; PR #06-6408 —Jerome Center Renovation Retention Period: Construction Completion Date + 10 Years Custodian: Central Files City Council 15 — 8 3/16/2021 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE Fire Department 2021 RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE/RETENTION PERIOD RETENTION PERIOD GOVT. CODE Operations Pre -Hospital Care Reports Records of medical treatment given Report Date/2 years 2012 & prior 45 CFR 164.530(c); and GC 34090 Nabil Saba Executive Director Public Works Agency DESTRUCTION OF THESE RECORDS APPROVED BY: 1�4In . W for nia R. Carvalho City Attorney DESTRUCTION OF THESE RECORDS VERIFIED BY: Ma ar Mercer A dminis rativive Services Manager Public Works Agency I '2,o Z. Date' Date Date 3-2-21 City Council 15-9 3/16/2021 Parks, Recreation, and Community Services https://www.santa-ana.org/parks Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: Cannabis Public Benefit Fund for Youth Services AGENDA TITLE: Cannabis Public Benefit Fund for Youth Services Informational Update RECOMMENDED ACTION Receive and file Cannabis Public Benefit Fund for Youth Services informational update. DISCUSSION Below is a list of Cannabis funded youth services implemented by the following departments: Library Services Agency (7), Parks, Recreation and Community Services Agency (11), City Manager's Office (1), and Community Development Agency (1). 1. Library Services Book/Tech Mobile — Provide mobile library services to meet the changing community needs by serving people where they live, learn, work, and play with an emphasis on technology, robotics, and STEM learning. Mobile services provide critical access to library material, programming, and technology. Completed: • Bid advertisement for the bookmobile, a custom designed Ford Transit van. On August 18, 2020, the City Council approved a grant agreement accepting grant funds from the California State Library for the Knowledge Mobile "Know-Mo": This grant funding provides additional books, educational programs, and technology for the new bookmobile service. On September 1, 2020, the City Council approved a purchase order to Matthews Specialty Vehicles Inc. for a new bookmobile. In Progress: • Staff finalized all vehicle specifications and the project is in the que for engineering at the vendor's facility. For promotional purposes, photos and videos will be provided showing the vehicle being constructed. City Council 16-1 3/16/2021 Cannabis Public Benefit Fund for Youth Services March 16, 2021 Page 2 Timeline: • Based upon the vendor's current capacity, completion estimated July 30, 2021. 2. Newhope Branch Library (COMPLETED) — Provide increased programming for children and youth along with an expanded book collection with age appropriate content for children and teens. Increase the operating hours from 27 to 48 per week. Provide new library furniture with designs and colors that are attractive to children and youth. Create additional spaces for teen activities focusing on STREAM (science, technology, reading, engineering, art, and mathematics) based programming. Dedicate a professional librarian to offer improved library service to children and youth. Renovate the exterior landscaping, paint the building, perform ADA upgrades for improved accessibility, upgrade lighting, and provide additional security patrols to offer safer spaces for youth in the community. Purchased new books to refresh the youth collection area and accommodate multiple languages. Purchased Wi-Fi hot spots for the community to utilize. Painted outside of building and sign. Refreshed landscaping around the building, added sidewalks, improved lighting, and repaved the parking lot. Renovated Youth Learning Center area of the library. Repurposed craft room storage to a useable space for youth and teen activities. Dedicate one full time library staff to operate the facility. Curbside pickup service and phone reference/circulation services began September 8, 2020. 3. Children's Outdoor Playground — Renovate the children's patio area at the Main Library to include a play structure, new seating, and general improvements to the landscaping. Completed: • Scheduled a meeting with Public Works Agency engineers to conduct an initial site walk and establish a conceptual layout of the area. • Received several landscape design proposals and selected the firm to help design a children's recreational area at the Main Library that includes a climbing structure with educational components. • Received 65% plans and complete project specifications from the landscape architect. Additional feedback provided to the architect. In Progress: • Working with Public Works engineers and the landscape architectural firm to finalize specifications and ensure plans contain necessary details to complete the project. Timeline: • Complete a formal bid process to begin construction by June 30, 2021. City Council 16 — 2 3/16/2021 Cannabis Public Benefit Fund for Youth Services March 16, 2021 Page 3 4. Laptop Dispenser Kiosks — Procure laptop dispenser kiosks to check out computers at the Library. The self-service kiosks will utilize a patron's library card for quick access to a computer for use at the Library. Completed: • Researched various vendors to provide kiosks at the Newhope and Main libraries. • Identified potential locations suitable in terms of both power and data requirements for the laptop dispensers. • RFCA to award agreement at the December 1, 2020 City Council Meeting. In Progress: • Finalizing insurance requirements and submission of invoice for payment. Timeline: • Anticipated installation by May 1, 2021. 5. Furniture for Children's area and Teen space — Upgrade the children's area and provide new furniture in the Teen space area at the Main Library. Completed: • On October 20, 2020, the City Council authorized a contract amendment to increase the aggregate amount by $400,000 ($200,000 allocated to the Library and $200,000 allocated to the Corporate Yard) for office furniture, installation, and related services. In Progress: • Final review of color and fabric selections. Timeline: • Anticipated completion June 30, 2021, but may vary based upon manufacturer timelines. 6. Wireless Hotspots (COMPLETED) — Increase the number of wireless hotspots for youth. Expand services to include compliant hotspots that provide filtered internet access that is safer for youth. Three hundred twenty (320) wireless hotspots including T-Mobile models with CIPA compliant filtering for children. 7. Digital Collection for Teens (COMPLETED) —Expand the Library's digital collection with a focus on providing materials for teens. Overdrive e-book and e-audiobook collection available on the website. Order initial round of electronic books. Regular ongoing digital collection maintenance and ordering to spend annual allocations. City Council 16 — 3 3/16/2021 Cannabis Public Benefit Fund for Youth Services March 16, 2021 Page 4 Parks, Recreation and Community Services Agency 1. Santa Ana Community Connections: The Zoo & You — Provide a series of programs and experiences for Santa Ana youth of all ages (toddler through high school) to build direct connections between the diverse community and the Zoo. Include a variety of experiential learning opportunities with multiple entry points for nature exploration, discovery, and Science, Technology, Engineering, the Arts and Mathematics (STEAM) skills and leadership development for future environmental stewards. Offer programs fulfilled through dedicated resources including an outreach vehicle, outdoor amphitheater sound system, and connected "smart" board for the zoo classroom. Completed: • Prepared a detailed 28-page program guide outlining the specific staffing needs, supplies, timeline, and goals of this programmatic series. • Provided free weekly virtual live education programs to SAUSD elementary students during the COVID-19 shutdown. • Provided regularly scheduled youth virtual nature lab programs for Santa Ana residents. Over 300 youth signed up for the first program in July 2020. • Hired two full—time Zoo Education Specialist staff positions and additional part-time Program Coordinators to accommodate the program. • Procured rechargeable event lighting for evening programs. • Expanded programming with Boo at the Zoo: Community Nights for residents • Installed new sound system in amphitheater. • Procured smart board and equipment and started using it. • Procured pop-up canopies and many supplies for programs. In Progress: • Weekly virtual, bilingual "Wild Wednesdays Story times" which will transition to in -person story time in the future. • New program called Animal Moves & Grooves. Youth will learn about animals through movement. Sometimes they will dance, sometimes they will stretch, and they will always have a great time! This program will be virtual and transition to on -site in the future. • Developing a Teen Conservation & Careers Program where youth can discover exciting opportunities to get involved in conservation programs and the career paths to which they can lead. • Working with a local educational consultant to develop new curriculum for future programs. • Fleet is awaiting delivery of new outreach vehicle, used for future mobile City Council 16 — 4 3/16/2021 Cannabis Public Benefit Fund for Youth Services March 16, 2021 Page 5 programming in the community, making the zoo more accessible to all residents. • Amphitheater renovation with shade. • Educational signage for kids. Timeline: • Anticipated deployment of in person programing once COVID-19 restrictions are lifted. 2. Splash Pads —Install five splash pads including shade structures at the Santa Ana Zoo, Memorial Park, Cesar Chavez Park, Thornton Park, El Salvador Park, and Madison Park. In Progress: • Coordinating with Public Works Agency for the design, development, and construction of splash pads. • NV5 consultants retained to design the five splash pads. Various themes are being suggested • Based on a preliminary estimate, additional funding will be needed to construct all five splash pads and will be budgeted for in the next fiscal year. Timeline: • Anticipated timeline is to be established when contractor is hired. 3. Year -Round and Seasonal Aquatics Programs (COMPLETED) — Provide year- round aquatics at Memorial Pool and seasonal aquatic programs for youth in our community to be safer in the water and stay physically active. Enhance hours of operation and expand aquatic recreational and instructional opportunities that include, but are not limited to water polo, Mommy & Me swim classes, lap swim, recreational swim, swim lessons, and swim team. On January 21, 2020, the City Council authorized an agreement with Blueray Management for management and operation services of the aquatic programs at City pools (5). Modified aquatic programming due to COVID-19. 4. Youth and Teen Excursions — Provide monthly excursions (12 total) free of charge for Santa Ana youth and teens (ages 10-14). Completed: • February 10, 2020, held first excursion at the DEFY OC in Mission Viejo. • March 21, 2020, scheduled a trip to Boomers in Irvine; however, cancelled due to COVID-19. In Progress: City Council 16 — 5 3/16/2021 Cannabis Public Benefit Fund for Youth Services March 16, 2021 Page 6 • Post COVID-19 excursions include Soak City, Knott's Berry Farm, Galaxy soccer game, Disneyland, Ducks hockey game, and a Big Bear snow trip. Timeline: • Anticipated continuation of program once COVID-19 restrictions are lifted. 5. Anti -Drug Education Programs — Partner with an agency to offer anti -drug education programs to the community. Completed: • On August 18, 2020, the City Council authorized an agreement with America On Track to provide drug use prevention education programs. • Forty-six students participated in the 39 weekly sessions held from October 2020 through February 2021 for high school, middle school, and elementary school. In Progress: • Due to the pandemic virtual classes offered for youth in elementary, middle school, and high school. Virtual class curriculum focused on preventing and/or reducing alcohol, tobacco/vape, marijuana, and opioid and methamphetamine use among youth. Weekly prizes and a grand prize provided to participating youth who complete the program. All youth are encouraged to participate and learn to live a drug free life. • 10 High School Sessions o Grades 9-12 0 4:00PMto5:00PM o March 1st - May 10, 2021. • 15 Middle School Sessions o Grades 6-8 o 2:30 PM to 3:30 PM o March 3, 2021 — March 3, 2021 — June 16, 2021. • 8 Elementary School Sessions o Grades 4-5 0 4:00PMto5:00PM o March 5, 2021 — April 30, 2021 6. Fitness Courts — Order and install additional Fitness Courts (2) at El Salvador Park and Cabrillo Park. Order and install shade structures for five Fitness Courts. Completed: • On March 15, 2019, the City of Santa Ana received five $30,000 grants from National Fitness Campaign, LLC (NFC) to participate as a Model City Council 16-6 3/16/2021 Cannabis Public Benefit Fund for Youth Services March 16, 2021 Page 7 City in the 2019 National Fitness Campaign. Approval of the multi -site application based on the City of Santa Ana's commitment to free health and fitness options, and development of stakeholder consensus. • On June 4, 2019, the City Council adopted a resolution accepting the 2019 NFC grant of $30,000, per site, and agreeing to provide funds for the remaining purchase price of equipment and cost of installation, at five City sites: Jerome Park, Delhi Park, El Salvador Park, Memorial Park, and Rosita Park. One site location changed from Memorial Park to Cabrillo Park. • On December 14, 2019, the City held a ribbon cutting ceremony for the first outdoor fitness court installation at Jerome Park. The installation of fitness courts at Delhi Park and Rosita Park are completed, however ribbon -cutting ceremonies postponed until COVID-19 restrictions are lifted. • On August 18, 2020, the City Council approved NFC for Fitness Courts at El Salvador Park and Cabrillo Park. • Installation of five fitness courts. In Progress: • Procure and install shade structures (5) for fitness courts. Timeline: • Anticipated installation of shade structures summer 2021. 7. Traveling Zoo Exhibit — Provide traveling zoo exhibits to present new and exciting opportunities to youth without the cost of development, construction, and maintenance of a permanent exhibit. Offer local youth, who may have significant transportation and financial barriers, to visit similar displays at other cultural venues further away. Completed: • Initial research on possible exhibits. • Request for Proposals In Progress: • Agreements in progress to bring forth to City Council. Timeline: • Anticipated deployment once COVID-19 restrictions are lifted. 8. Youth Programs and Services — Hire three full-time Recreation Leader positions to operate community centers and provide youth programs and services. City Council 16 — 7 3/16/2021 Cannabis Public Benefit Fund for Youth Services March 16, 2021 Page 8 • Anticipated deployment once COVID-19 restrictions are lifted. 9. Funding for Third Parties to Provide Youth Programs and/or Services (COMPLETED) — One-time Cannabis Funding for Fiscal Year 2020-21 will go towards third party programs to provide youth programs and/or services for City of Santa Ana residents. Prepared an RFP process seeking proposals for youth programs and/or services offered by third party providers. Requested Youth Commission input at the September 25, 2020 Youth Commission meeting. Released RFP in November 2020. Awarded funding to eight organizations as follows: o Backhaus Dance $13,800 o Pacific Symphony $10,000 o Human Options $17,242 o Community Partners -Media Arts Santa Ana $15,000 o The Cambodian Family $11,400 o Child Creativity $13,500 o Santa Ana Endurance $10,200 o Social and Environment Entrepreneurs $11,000 10. Santa Ana Zoo Goat Encounter — New children's goat encounter area where youth volunteer with animals. Youth ages 12-14 can volunteer with the goats if they are with a parent, and 15-18 without a parent. In Progress: • Coordinating with Public Works Agency for construction document review and construction. • Funding agreement with Friends of Santa Ana Zoo to receive and appropriate an additional donation towards this project. Timeline: • Anticipated timeline established once contractor is hired. 11. Santa Anita Park Soccer Field Renovation Phase 2 — Preparation of design plans to expand the parking lot, remove handball court, and relocation of the basketball court and playground. Design will also include additional security/parking lot lighting on the east side of the park. In Progress: • Securing all funding sources for the project. • Community outreach to residents within 1,000 feet of the park regarding removal of handball court. Timeline: • Release bid advertisement Fall 2021 • Construction starts Winter 2021 City Council 16 — 8 3/16/2021 Cannabis Public Benefit Fund for Youth Services March 16, 2021 Page 9 City Manager's Office 1. Deferred Action for Childhood Arrivals Defense Fund — Provide $100,000 to the Deferred Action for Childhood Arrivals Defense Fund. Completed: • At the July 7, 2020 City Council meeting, an additional $100,000 was allocated to the Santa Ana Deportation Defense Fund (sometimes referred to as "immigration legal defense fund") to provide legal representation, under the universal representation model, to undocumented immigrants facing removal (or deportation) proceedings. As part of this one-time allocation of $100,000, the City Council directed staff that these funds made available to provide legal representation to individuals in Santa Ana who are recipients of the Deferred Action for Childhood Arrivals (DACA) program and facing removal proceedings. The City's legal service provider, Immigrant Defenders Law Center ("ImmDef'), has ensured City staff that Santa Ana residents who are recipients of DACA are eligible to receive legal representation. In Progress: • As part of the agreement between ImmDef and the City of Santa Ana, ImmDef sends monthly reports to the Vera Institute of Justice, a social justice organization that provided grant funds to the City in 2017 to launch the Santa Ana Deportation Defense Fund under the universal representation model. While these monthly reports contain confidential, attorney -client privileged data, from time to time both Immigrant Defenders Law Center and the Vera Institute of Justice prepare reports for the City with aggregate data. • Staff is working with ImmDef to prepare a new two-year agreement to continue providing legal representation for Santa Ana residents. Based on a $200,000 budget, ImmDef seeks to serve 24 new clients over a two-year contract period (or more if additional capacity exists. It is important to note that there are currently 33 cases still open from the prior contract years, and the new agreement includes continued representation for those clients. It is also important to note that due to COVID-19, there is a backlog in immigration cases; the proposed two- year term will provide sufficient time for ImmDef to follow through on legal proceedings rescheduled for 2022. Timeline: • The Santa Ana Deportation Defense Fund is an on -going program. City Council 16 — 9 3/16/2021 Cannabis Public Benefit Fund for Youth Services March 16, 2021 Page 10 Community Development Agency 1. Youth Paid Internships — Provide youth paid internships in partnership with the Santa Ana Youth (SAY) Employment Program administered by the Santa Ana WORK Center. Offer paid summer work experiences for approximately 100 youth, ages 16-19. Completed: • Created program elements for eligible youth enrolled in the SAY Employment Program. • Created activities providing a comprehensive strategy that addresses employment and training needs: o Work Experience (20 hours per week for 6-7 weeks) o Employment Readiness Skills o Career Development o Child Labor Laws o Post -Secondary Education information o Life Skills o Financial Literacy In Progress: • Secure online platform to provide virtual service and activities that can be utilize during Covid-19 restrictions. Platform will ensure enrollment, services and activities paired with the in -person services or by itself. • Develop worksites to provide virtual and/or in person work experience. • Train Staff and develop application to be available online by the end of March 2021. • Develop informational flyer and marketing material to outreach to community Timeline: • Begin the enrollment process of 100 youth by April 2021. • Program Should be fully operational by June 2021 and run through August 2021 City Council 16 — 10 3/16/2021 Cannabis Public Benefit Fund for Youth Services March 16, 2021 Page 11 FISCAL IMPACT Below is a list of programs and projects (under Accounting Unit 01213020-Various) to be undertaken during Fiscal Year (FY) 2020-21. Funding for these programs and projects attributed to funds received in FY 2019-20 and planned revenues from FY 2020-21. Additionally, due to the pandemic, the chart below illustrates reallocation of funding for programs and projects that are able to proceed under the current situation. Program/Project Title Budget Adjustment Revised Budget Library-Newhope Branch -Furniture $ 298,010.00 $ 298,010.00 Library -Main Branch-Children's area and Teens ace -Furniture $ 200,000.00 $ 200,000.00 PRCSA-Six Parks -Splash Pads $3,474,298.00 $ 3,474,298.00 Third Party Provider -Youth Programs and/or Services $ 100,000.00 $ 100,000.00 FY 19/20 Funds $4,072,308.00 $ - $ 4,072,308.00 Library-Book/Tech Mobile $ 350,000.00 $ (112,870.00) $ 237,130.00 Library-Newhope Branch -Services and Improvements $ 110,000.00 $ (13,100.00) $ 96,900.00 Library -Main Branch-Children's Outdoor PlaVqround $ 500,000.00 $ 210,200.00 $ 710,200.00 Library -Laptop Dispenser Kiosks $ 70,000.00 $ 70,000.00 Library -Wireless Hotspots $ 140,000.00 $ 140,000.00 Library -Youth Services $ 70,000.00 $ 70,000.00 PRCSA-Zoo and You Program $ 432,560.00 $ (109,788.00) $ 322,772.00 PRCSA-Year-Round Aquatics $ 183,000.00 $ (3,900.00) $ 179,100.00 PRCSA-Youth and Teen Excursions $ 123,120.00 $ (123,120.00) $ - PRCSA-Anti-Drug Education Programs $ 60,000.00 $ 60,000.00 PRCSA-Fitness Courts $ 360,000.00 $ 201,100.00 $ 561,100.00 PRCSA-Traveling Zoo Exhibit $ 250,000.00 $ 250,000.00 PRCSA-Goat Encounter at the Santa Ana Zoo $ 131,000.00 $ 131,000.00 PRCSA-Santa Anita Park Soccer Field Renovation -Phase 2 $ 232,448.00 $ 232,448.00 CMO-Deferred Action for Childhood Arrivals Defense Fund $ 100,000.00 $ 100,000.00 CDA-Youth Paid Internships $ 271,222.00 $ (48,522.00) $ 222,700.00 FY 20/21 Funds $3,383,350.00 $ - $ 3,383,350.00 Submitted By: Lisa Rudloff, Executive Director of Parks, Recreation and Community Services Approved By: Kristine Ridge, City Manager City Council 16 — 11 3/16/2021 Public Works Agency https://www.santa-ana.org/pw Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: Warner Avenue Street Improvements (Main Street to Oak Street) AGENDA TITLE Approve Appropriation Adjustments, Approve Amendments to the FY 2020-21 Capital Improvement Program, and Award a Construction Contract to Lonerock, Inc. in the Amount of $9,486,525 for the Warner Avenue Street Improvements Project With an Estimated Total Delivery Cost of $12,255,867 (Project Nos. 14-6802, 18-6424, 20-6618) (General Fund and Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $1,992,867 of prior year fund balance in the Transportation System Improvement Authority Area B Fund, Prior Year Carry Forward revenue account and appropriate the same amount to the Transportation System Improvement Authority Area B Fund, Improvements Other Than Building expenditure account. 2. Approve an appropriation adjustment recognizing $1,225,000 of prior year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carry Forward revenue account and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. 3. Approve an appropriation adjustment recognizing $141,320 of prior year fund balance in the Local Drainage Area IV Fund, Prior Year Carry Forward revenue account and appropriate the same amount to the Public Works -Storm Drain Construction, Improvements Other Than Building expenditure account. 4. Approve an appropriation adjustment recognizing $109,798 of prior year fund balance in the New Transportation System Improvement Area E Fund, Prior Year Carry Forward revenue account and appropriate the same amount to the New Transportation System Improvement Area E, Improvements Other Than Building expenditure account. 5. Approve an appropriation adjustment recognizing the Fiscal Year 2018-19 appropriation of $4,629,750 in Measure M2 Competitive grant funding in the Measure M Street Construction, Measure M2 Competitive revenue account and City Council 17 — 1 3/16/2021 Approve Appropriation Adjustments and CIP Amendments, and Award Construction Contract March 16, 2021 Page 2 reappropriating the same amount to the Measure M Street Construction, Improvements Other Than Building expenditure account. 6. Authorize reallocation of $255,000 in unspent Measure M2 Local Fairshare funds from the Local Street Preventative Maintenance FY 2018-19 (19-6942) Project to the Warner Avenue Improvements Project, to complete the project's funding requirement. 7. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program to include $1,992,867 in construction funds for the Warner Avenue Improvements Project (Project No. 14-6802). 8. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program to include $1,225,000 in construction funds for Warner Avenue Water Improvements Project (Project No. 18-6424). 9. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program to include $109,798 in construction funds for the Warner Avenue Storm Drain Improvements Project (Project No. 20-6618). 10. Award a construction contract to Lonerock, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $9,486,525, for construction of the Warner Avenue Improvements Project, for the term beginning March 16, 2021 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 11. Approve the Project Cost Analysis for a total estimated construction delivery cost of $12,255,867, which includes $9,486,525 for the construction contract, $1,614,197 for contract administration, inspection and testing; and a $1,155,145 project contingency for unanticipated or unforeseen work. DISCUSSION Warner Avenue is classified as an East-West Major Arterial in the City's General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways. Improving the one -mile segment of Warner Avenue from Main Street to Wright Street has been a long-term priority project that is being constructed in several phases. Warner Avenue Phase 1 is from Main Street to Oak Street (Exhibit 1). Improvements include widening the street from a four -lane roadway to a six -lane arterial to address safety issues and provide adequate vehicular capacity; and installing parkways, raised median landscaping, storm drains, protected bike lanes, sound walls, street lights, and traffic signals (Exhibit 2). City Council 17 — 2 3/16/2021 Approve Appropriation Contract March 16, 2021 Page 3 Adjustments and CIP Amendments, and Award Construction The Measure M2 Competitive grant award in construction funding in the amount of $4,629,750 was recognized by the City Council on October 2, 2018. However, the construction was not scheduled to start until Spring 2021. Staff is requesting City Council approval to recognize and re -appropriate this grant allocation for expenditure in Fiscal Year 2020-21 to complete the funding for the construction delivery cost of the project. Additionally, staff is requesting City Council approval for the reallocation of $255,000 in unspent Measure M2 Local Fairshare funds needed to complete the total project's funding requirement. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 974 regional vendors via PlanetBids, many of which are Santa Ana based. One hundred and one vendors requested bidding documents, and a total of four bids were received. Bids were not received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on January 4, and 11, of 2021. The project was also advertised in PlanetBids from January 4, 2021 through February 2, 2021. Bids were received electronically via PlanetBids on February 2, 2021. No bid protest was submitted by any of the bidders during the bid protest period. Bid Results Summary Rank Bidder's Name Location Base Bid 1 Lonerock, Inc. Irvine $ 9,486,525.00 2 KEC Engineering Corona $11,708,063.50 3 Christensen Brothers General Engineering, Inc. Apple Valley $14,968,635.50 4 Excel Paving Co. Long Beach $15,872,583.00 A total of four bids were received and all were deemed responsive. Lonerock, Inc. submitted the lowest responsive base bid in the amount of $9,486,525 (Exhibit 3). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Lonerock, Inc., in the amount of the base bid totaling $9,486,525 (Exhibit 4). Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. City Council 17 — 3 3/16/2021 Approve Appropriation Adjustments and CIP Amendments, and Award Construction Contract March 16, 2021 Page 4 Construction administration and inspection includes construction management, implementation of the City's Community Workforce Agreement requirements, inspection of the Contractor's work to ensure contract compliance, workmanship, and quality, and materials testing. As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $12,255,867. In accordance with the Public Works Agency's "Dig -Once" philosophy, water main improvements are part of this project. Project Item Total Construction Contract $9,486,525 Construction Administration, Inspection, Testing $1,614,197 Project Contingencies $1,155,145 TOTAL CONSTRUCTION DELIVERY COST IF $12,255,867 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. On September 1, 2015, City Council approved the Warner Avenue Final Environmental Impact Statement (SCH No. 2012101004). FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $12,255,867, which includes construction, contract administration, inspection, testing, and authorized contingencies of $1,155,145. Approval of the requested appropriation adjustments will recognize $1,992,867 of prior year fund balance in the Transportation System Improvement Authority Area B Fund, Prior Year Carry Forward revenue account (No. 99217002-50001) and appropriate the same amount to the Transportation System Improvement Authority Area B Fund, Improvements Other Than Building expenditure account (No. 99217950-66220), $1,225,000 of prior year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carry Forward revenue account (No. 06017002-50001) and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account.(No. 06617647-66301), $141,320 of prior year fund balance in the Local Drainage Area IV Fund, Prior Year Carry Forward revenue account (No. 22417002- 50001) and appropriate the same amount to the Public Works -Storm Drain Construction, Improvements Other Than Building expenditure account (No. 22417660-66220), $109,798 of prior year fund balance in the New Transportation System Improvement Area E Fund, Prior Year Carry Forward revenue account (No. 03417002-50001) and appropriate the same amount to the New Transportation System Improvement Area E, Improvements Other Than Building expenditure account (03417660-66220), and $4,629,750 in Measure M2 Competitive grant funding in the Measure M Street Construction, Measure M2 Competitive revenue account (No. 03217002-52332 and City Council 17 — 4 3/16/2021 Approve Appropriation Adjustments and CIP Amendments, and Award Construction Contract March 16, 2021 Page 5 reappropriating the same amount to the Measure M Street Construction, Improvements Other Than Building expenditure account (No. 03217663-66220). All funds are available for expenditure in Fiscal Year 2020-21, however any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2021-22. The following table summarizes the funds budgeted for expenditure to deliver construction of this project: Fiscal Accounting Unit Fund Accounting Unit -Account Year _Account No. Description No. Description Amount project No.) APPROPRIATION ADJUSTMENTS Transportation Transportation System 2020-21 99217950-66220 System Improvement Area B Tustin, $1,992,867 (14-6802) Improvement Improvements Other Than Area B Building 2020-21 06617647-66301 Water Acquisition & Water Utility Capital Projects, $1,225,000 (18-6424) Construction Water Capital Project 03217663-66220 Measure M Measure M2 Competitive 2020-21 (14-6802) Street Street, Improvements Other $4,629,750 Construction Than Building New Transportation New Transportation System 2020-21 03417660-66220 System Improvement Area E, $109,798 (20-6618) Improvement Improvements Other Than Area E Building 22417660-66220 Local Drainage Public Works -Storm Drain 2020-21 (14-6802) Area IV Construction, Improvements $141,320 Other Than Building BUDGET REALLOCATION 03217662-66220 Measure M Measure M2 Competitive 2020-21 (From Proj. 19- Street Street, Improvements Other $255,000 6942 To 14-6802) Construction Than Building EXISTING BUDGET 059 Select Street Warner Ave -Tustin CFD, 2020-21 14802) (14-6802) Construction Improvements Other Than $688,879 Building Transportation Transportation System 2020-21 99217950-66220 System Improvement Area B Tustin, $611,121 (14-6802) Improvement Improvements Other Than Area B Building City Council 17 — 5 3/16/2021 Approve Appropriation Contract March 16, 2021 Page 6 Adjustments and CIP Amendments, and Award Construction Fiscal Accounting Unit Fund Accounting Unit -Account Year _Account No. Description No. Description Amount pccoujecNo. New Transportation Transportation System 2020-21 03417660-66220 System Improvement Area E, $101,930 (14-6802) Improvement Improvements Other Than Area E Building Federal Clean Federal Clean Water 2020-21 05717640-66220 Water Protection Enterprise, $600,000 (20-6618) Protection Improvements Other Than Enterprise Building 03217662-66220 Measure M Measure M2 Local Fairshare, 2020-21 (20-6618) Street Improvements Other Than $800,000 Construction Building 22417660-66220 Local Drainage Public Works -Storm Drain 2020-21 (20-6618) Area IV Construction, Improvements $100,202 Other Than Building 2020-21 06617647-66301 Water Acquisition & Water Utility Capital Projects, $1,000,000 (18-6424) Construction Water Capital Project Total $12,255,867 *Warner Avenue -Tustin Community Facilities Districts (CFD) funding was originally appropriated in accounting unit 05917660 in Project 14-6802. Accounting unit 05917668 is new for Warner Avenue -Tustin CFD funding. EXHIBIT(S) 1. Location Map 2. Amended 20/21 CIP Sheets 3. Bid Proposal 4. Construction Contract 5. Cost Analysis Submitted By: Nabil Saba, P.E., Executive Director Public Works Agency Approved By: Kristine Ridge, City Manager City Council 17 — 6 3/16/2021 MATCHLINE SEE BOTTOM RK31-IT MAPLE ST r..T..T� �......... _.. _. I 1 c0 i 'I N I I . ^ .Q M i 1 m I C1 O 1 •m �403-143-13 • r� i m .J ORANGE A CYPRESS r,.. --% •403-141-081 ARCO GAS STATION MAIN ST = I, ICI L N H" SANTA ANA ■PWA■ "sID ,,�.._.I. � j I I I 016-031-33 ,016-031-50 016 031-51 I ._1 016-031.37 016 031-54 I 016-031-38 WELLS FARGO BANK EXHIBIT 1 • I 1016-103-23i 016-090-22 •016 i OELHI PARK .-L. KILSON DR it 016-090-21 ..�_. _.. 7 i I I o m I • N C3 Y ...... a,JO V m QS N N I O OQ t0 Z Q- I OAK ST OIG-090-25 •m .m Q (� Z —f— N , W �W N m J w I W m O z I z 0 ROUSSELLE •• •• 016-035-15 T� • 1 016 -*035 -- 14 I IQ I � • m v v in i M I M C1 • m im � m c0 I ...._.1=.............................. .., MAPLE ST MATCHLINE SEE TOP LEFT WARIER AVENUE IMPROVEMENTS PHASE 1(PROJECT NO. 146802,186422A 206616 NONGEIERAL FUND) Council 17-7 3/113/2021 EXHIBIT 2 � w \ )/2&0 CO \\f&\{) a«;y/\/y Ke,Go_e/ _I{o�a§2o egg~ea,@2 ■�2e&Goon %% k e r6 t t t � ■ t \ \ § m3 2}) ;\k{ e{\\ \\[t ){/ƒ f§$o §a)2 (ss\ 3e7\2 2\\\�/ N t j r t t t � ■ � \ \ § � � 3 \ / \ / \ � f � 3 \ \ B\\ l [ % \ m) ��o §k ■ v\ƒ 6w LU � t � \ ? �\ \ § / 0 \ % ZEXNMEN�Rl PROPOSAL PROJECTNO.: 14-6802 WARNER AVENUE STREET IMPROVEMENTS (MAIN TO OAK.) PROJECT NO.: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT" NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAINTO OAK) BID PROPOSAL TO: CITY COUNCIL OFTHE CITY OF SANTA ANA FROM: F,(--) C - REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or Jump sum(s) set forth in the following schedule: -Mein Description city Tni—t Unit Price _.-_Amount I CLE;�k_IN6AND GRUBBING —­­­—] —LS—$ "--- $ — - ------ 2 PREPARE AND IMPLEMENT 'SWPPP1 I _LS LS tz) Oct) 3 LABOR AGREEMENT OVERSIGHT 4 *t.-JNCLASSIFIED EXCAVATION CY $ 5 *STRUCTURAL EXCAVATION AND 14,000 CY $ 0,, $ cc , BACKFILL 6 *LIME U -FT LIMETREATED SUBBASE SY $ $ 9,300 7 *COLD MILLING (3" MAX) SF $ 165,000 0 TA_S_P_1i_A_LTC0NCRETE(ARIIM) TONS $ -CONCRETE 2,220 Cl 2- *_A­SPHAE'T (FI-MA) TONS $ 77 6,050 10 *AGGREGATE BASE (CAB) CY $ $ 1,000 g-&i oc"o, CURB RAMP: CITY STD 1_I_22A _EA TYPE 1 10 12 PCC: CURB RAMP: CALTRANS STD - EA ("Cca' 4&ccc A88AR CASE B, C 8 *PCC: SIDEWALK (T=411) SF $ $ ------ OS- c 21,000 City Council 17-11 3/16/2021 P-1 of P-23 CITY OF SANTA ANA ADDENDUM ONE PROPOSAL PROJECT NO.: 14-6802 WARNER AVENUE STREET IMPROVEMENTS (MAINTO OAK) PROJECT NO,: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAINTO OAK) Item Description -C _TE Qty Unit Unit Price Amount 14 �CC CROSS GUTTER: T R: C I'l Y STD st- PLAN 1109 840 12 Wv- 15 *PCC: DRIVEWAY (T=8"): CITV_STD _SF 1112, CASE 1 1,150 :IccDRIVEWAY (T-6"): SPPWC SF STD I 1 0-2, TYPE B 1,150 17 *PCIC:C(JIZB.-CITY S'I'DIJOI(B-1) 3,100 18 *PCC:CLJRB:SSPWCSI'1)102-2(Al- LF 6) 250 4C kc)� 0001. 19 *PCC: CURB AND GUTTER: CITY LF STD 1101 A-2-8 750 aS o 20 *PCC: CURB AND GUTTER: CITY LF STD 1101 A-2-6 500 LF 20cctC4 21*PCC . CURB AND GUTTER: C11 STD 1101 A-2-6 MODIFIED 2,250 22 *PCC: BIKE LANE CURB AND GUTTER: CITY STD I 1.01 A-2-8 2500 MODIFIED 6'GUTTER , 23 "PCC: MEDIAN (4" STAMPED SF CONCRETE) 2,654 2,G,,,s,4c, 24 P CC- . BUS PAD: CITY STD PLAN SF 1108 —LOCAL., 2,350 Sb "Tsb 2.5 :i;_f)C,C,: DEP­R-_ESSION, CITY EA STD PLAN 305 I I 2 SZ —9N7, swl 26 *MASONRY SOUNDWALL LL-LF (INCLUDES FOOTING) 1,125 7S. 27 *MASONRY SOUND WALL - 4 FT LF (INCLUDES FOOTING) 140 28*MASONRY SOUNDWALL EA PILASTER 24 etc) 29 *CHAIN LINK FENCE LF _30 _PAVIN`G 240 *DRIVEWAY SF $ $ RECONSTRUCTION (IN -KIND) —*MASONRY 300 31 BLOCK WALE AND LF $ $ WROUGHT IRON RAILING _*METAL —HAND 30 Sv, koM'b_W� 32 RAILING (TYPE B) LF $ PER SPPWC STD 606-2 70 V7, 33 MODULAR WETLAND SYSTEM I LS S $ (131.0 CLEAN MWS-L-8-24) OR APPROVED EQUAL City Council 17-12 3/16/2021 P-2 of P-23 CITY OF SANTA ANA ADDENDUM ONE PROPOSAL PROJECT' NO.: 14-6802 WARNER AVENUE STREET' IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAINTO OAK) Item Description Qty Unit Unit Price Amount 34 MODULAR. WETLAND SYSTEM I LS (BIO CLEAN MWS-L-8-20) OR 10c) Qcx.) APPROVED EQUAL 35 _6 NOT USED ` —(INCLUDES PLANTING MU__L_CH) —LS------- _MOWBAND 37 *CONCRE-FE 230 2 51 -1 38 IRRIGATION (INCLUDES LS CONTROLLER, ELECTRICAL CONNECTION AND WATER. CONNECTION) 39 PLANTING ESTABLISHMENT(6 LS MONTHS) 40 *FURNISH AND INSTALL NEW 2"C LF AND SERVICE WIRES 3,350 41 *FURNISH AND INSTALL NEW #3 EA SIZE PULL BOX 28 1-3-bo. 42 *FURNISH AND INSTALL NEW LF WIRES 3,50,0 'S, 7 43 *FURNISH AND INSTALL NEW 26 EA AMERON CONCRETE POLE WITH 163W LED FIXTURE WITH 8 FT LUMINAIRE PIPE 44 SIGNING AND STRIPING I LS (00k Oct ttx). --TRAFFIC 45 SIGNAL SYSTEM -----"--I LS MODIFICATION (WARNER AND MAIN) 46 TRAFFIC SIGNAL SYSTEM I LS MODIFICATION (WARNER AND -2f �93, �l 47 VIDEO DETECTION SYSTEM I I's G2,,7ca Q,7co, 48 GTT OPTICOM EVP SYSTEM LS 49 INSTALL PVC CONDUIT LF 3,100 .50 *INSTALL PULL BOX EA ___71—NSTALL —TRAFFIC 25 4 oc)_� �Cl� cloy. 51 SIGNAL LOOP 5 EA 700, - DETECTOR (TYPE E) City Council 17-13 3/16/2021 P-3 of P-23 CITY OF SANTA A ADDENDUM ONE PROPOSAL PROJECT NO.: 14-6802 WARNER AVENUE STREET IMPROVEMENTS (MAIN TO OAK) PROJECT NO,: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT` NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAINTO OAK) Item Description Qty Unit Unit Price Amount 52 * 120 STRAND SINGLE MODE Fffi—ER LF OPTIC CABLE 3,000 2-170 53 *FUSION SPLICE I STRAND OF EA SINGLE MODE FIBER OPTIC (SMFO) 96 2, 54 *INSTALL FIBER, OPTIC SPLICE EA ENCLOSURE l70a, — 55 INSTALL CCTV AND 1,P LS COMMUNICATION SYSTEM 56 POTHOLETRAFFIC SIGNAL POLE EA LOCATION FOR UTILITY CONFLICT 15 774 57 TEMPORARY OVERHEAD WIRING LS Ile 0 58 *ADJUSTMANHOLE FRAME AND EA GRATE]"'O FINISH GRADE 19 14, 59 *ADJUST WATER. VALVE FRAME EA AND COVER TO FINISH GRADE 17 e 60 *REMOVE EXISTING WATER EA LATERAL 7 -3, 9P. 61 *REMOVE EXISTING SEWER EA LATERAL 6 7 t 62 *8" CLASS 305 (DR 14), AWWA C900, 1,F PVC WATER MAIN 1,144 I Lk b—, 63 12" CLASS 305 (DR 14), AWWA 2,380 LF C900, PVC WATER MAIN 64 *14" CLASS 235 DR 18), AWWA LF C905, PVC WATER MAIN 40 �75(X)-- 2,C) cxy'o 65 *16" CLASS 235 (DR 18), AWWA 280 LF wb, C905, PVC WATER MAIN —CLASS 6� *20" R 235 (D- 18), AWWA LF C905, PVC WATER MAIN 100 67 *1 " WATER SERVICE PER CITY STD EA PLAN 1401 29 *2" WATER SERVICE PER CITY STD----- —EA---'-- '--�9 PLAN 1401 3 5k c) cx;,, 15A *4" FIRE SF,RV-1C E PER CITY STD. EA PLAN 1417 1 7, oca 7, Coe) - 70 *8" FIRE SERVICE PER CITY STD. EA PLAN 1417 71 8" GATE VALVE PER CITY STD. 6 EA PLAN 1410 City Council 17-14 3/16/2021 P-4 of 11-23 CITY OF NTA A ADDENDUM ONE PROPOSAL PROJECT NO,: 14-6802 WARNER AVENUE STREETIMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAINTO OAK) Itena Description -* Qty Unit Unit Price Amount 72- 12" GATE VALVE PER CITY —1175, ---- EA PLAN 1410 8 73 * 14' BUTTERFLY VALVE CITY EA STD 1411 & LINE STOPS 74 *16" BUTTERFLY VALVE PER CITY EA STD 141 t & LINE STOP 2 75 *20" BUTTERFLY VALVEPE 'IT EA STD 1411 & LINE STOP 1 ccv 70 *FIRE HYDRANT ASSEMBLY PER EA ----*—00N§"—fRUCT4" CITY S]'D. PLAN 1405 12 77 OR 6'-"- PVC LATERAL AND CI EANOUT (OPEN 13 2 bb, 3 2-, Sit), —_LRE,TNCH) PER CITY STD PLAN 1204 78 *RELOCATE I" WATER SERVICE EA —19 —EXISTING 1 15 *AB \—NDO-N'- WA'T—ER--"--------- EA SERVICE PER CITY ST. PLAN 1430 15 80 *ABANDON EXISTING SEWER EA LATERAL ATTHE MAIN PER CITY 18 ST. PLAN 1212 81 *CCTV INSPECTION OF EXISTING LF SEWER. MAIN 4,429 82 *CCTV IN SPECTf ON OF EXIS EA -'-- SEWER. LATERALS 33 83 *VERTICAL OFFSET' (AS -NEEDED) IDA- —AIR 5 32� 84 *I" VACUUM AND RI EA PER CITY STD PLAN 1415 5 2-21 9YL).,- jAS NEEDED) _ �N 85 *POTHOLING (AS -NEEDED) EA 10 86 *ADDITIONAL TRENCHING TO LF INSTALL PIPELINE 18"-30" DEEPER (TOTAL 54"-66" COVER) (AS 500 ?)0, - NEEDED) 87 AS-BUILTS I LS $25,000 $25,000 88 *RE 4OVE EXISTING RCP LF 500 IS'"0c, 89 *REM0VEEXIS'I"ING3XI RCB- — LF 83 90 *REMOVE EXISTING CATCH BASIN EA 10 2 k'-Qbo City Council 17-15 3/16/2021 P-5 of P-23 CITY OF SAN TA, ANA ADDENDUM ONE PROPOSAL PROJECT NO.: 14-6802 WARNER AVENUE STREET' IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENT'S (MAINTO OAK) PROJECT' NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAIN TO OAK) Item LL Description Qty Unit Unit Price Amount 91 *CONSTRUCT 18" RCP (D-LOAD LF PER PROFILE) WIT14 BEDDING PER 333 OCPW STD PLAN 1319 92 *CONSTRUCT 24" RCP (D-LOAD LF PER PROFILE) WITI-I BEDDING PER 67 OCPW STD PLAN 1319 93 *CONSTRUCT 48" RCP (D-LOAD LF PER PROFILE) WITH BEDDING PER 50 C7, OCPW STD PLAN 1320 94 *CONSTRUCT 60" RGRCP (D-LOAD LF PER PROFILE) WITH BEDDING PER 518 OCPW STD PLAN 1319 95 *CONSTRUCT 66" RGRCP (D-LOA) LF PER PROFILE) WITH BEDDING PER 43 G0. 2_,S OCPW STD PLAN 1319 96 *CONSTRUC'I` 18" CSP RISER WITH EA 90-DEGREE ELBOW AND SAFTEY CAGE PER CALTRANS D93B AND I DETAIL A ON SHEET8. 97 CONSTRUCT' CATCH BASIN TYPE EA "B" PER. CSA STD PLAN NO. 302 8 98 "CONSTRUCT CATCH BASIN TYPE_ EA "C"' PER CSA STD PLAN NO, 303 3 C) C)DZ 99 *CONSTRUCT 10.75'WX6.00'11 RCB 1,208 LF WITH I YOF COVER AND FLAT INVERT' PER CALTRANS STD PLAN D80 AND D82 MODIFIED WITH F'C=4500 PSI. (OR PRECAST ALTERNATIVE PER CALTRANS STD PLAN D83A AND D83B AT CONTRACTOR'S op'ITON) 100 *CON STRUCTJ UNCTION EA STRUCTURE PER SPPWC STD PLAN 1 332-2 101 *CONSTRUCT CONCRETE COLLAR EA PER SPPWC STD PLAN 380-4 102 *CONSTRUCT JUNCTION EA CHAMBER TYPE "D" PER CSA STD 2 ;' o'ucv. PLAN 308A AND 30813 103 *CONSTRUCT JUNCTION EA STRUCTURE PIPE TO RCB PER OCPW STD PLAN 333-2-OC 6 ow City Council 17-16 3/16/2021 P-6 of P-23 CITY OF SANTA ANA ADDENDUM ONE PROPOSAL PROJECT NO.: 14-6802 WARNER AVENUE STREET IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAINTO OAK) Item Description Qty Unit Unit Price Amount *CONSTRUCT JUNCTION I EA STRUCTURE PIPETO RCB PER OCPW STD PLAN 333-2-OC MODIFIED W/ RCB EDGE BEAM DETAILS PER SECTION D 1.05 *CONSTRUCT RCP ENDWALL EA SECTION W/ RCP CONNECTION 2 oh t00 106 *CONSTRUCTBRICK & MORTAR EA PLUG PER DETAIL C ON SHEET 8 5 '2' oco 107 *CONSTRUCT 36" REINFORCED 5 EA CONCRETE BOX MANHOLE PER 2!;'C)Cz)'.'- OCPW ST'D PLAN 1503 & 1506 108 DEWATERING LS 109 SHORING 110 T onstruction Information Signs EA 2 410 Cx-1 111 *Junction Chambers Type "B" 2 EA Cot 112 *,function Chanibers Type "C" I EA TOTAL By $ 9, The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. '� This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. City Council 17-17 3/16/2021 P-7 of P-2' ) CITY OF SANTA A PROPOSAL PROJECT NO.: 14-6802 WARNER AVENUE STREET IMPROVEMENTS (MAINTO OAK) PROJECT NO.: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECTNO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAfN,r,o OAK) TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (300) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $4,750 per calendar day. Name of Firm. Lc) W E ) Signature of BIDDER Title (If an individual, so state. If a firm or co -partnership, state the firm name and give the flames of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 17-18 3/16/2021 P-8 of P-23 PROPOSAL PROJECT NO.: 14-6802 WARNER AVENUE STREETIMPROVEMENTS (MAIN TO OAK) PROJECT NO., 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAIN TO OAK) BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official sea] noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of" comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm L c) i-L E - P-, c, c-- t4, i, t-,) c Signature of BIDDER Title (if an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 17-19 3/16/2021 P-9 of P-23 PROPOSAL PROJECTNO.: 14-6802 WARNER AVENUE STREETfMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS {MAIN TO OAK) CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: —1— c) C-) C , I �4 C...`, Business Address: 7 o -bo H A- i t T` V I tJ E I C"11 & 91 2L W, Business E-Mail Address: T) 11 1-A-.0 Telephone: l0 ___ C� -5c .J.L+ — State Contractor's License No. and Class: _3 A � t 2- License Expiration Date: 0 '�5 Z 2-09-2- State Dept. of Industrial Relations (DIR) Registration No.: o C 0 c-) c FJ cx' State Dept. of Ind Ind trial Relations (DIR) Registration ExMn'_atc,-, 0 A Signed: Title: 5�" cf:0 7-- C-5 G 2- City Council 17-20 3/16/2021 P- 10 of P-23 CITY OF SANTA ANA PROPOSAL PROJEC'"I'NO.: 14-6802 WARNER AVENUE STREET" IMPROVEMENTS (MAIN TO OAK) PROJECTNO.: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAIN TO OAK) PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq,, as well as California Code of Regulations, Title 8, Section 16,000, 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. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per them wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per them wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 'Fhe undersigned certifies that the foregoing is true and correct Name of Firm Signature of BIDDER Title (if an individual, so state) L-oi�4 Q C City Council 17-21 3/16/2021 P- I I of P-23 PROPOSAL PROJECT NO.: 14-6802 WARNER AVENUE STREET IMPROVEMENTS (MAIN TO OAK) PROJEC"I'NO.: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT" NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAIN TO OAK) OWNERSHIP AFFIDAVIT' STATE, OF CALIFORNIA COUNTY OF ORANGE SS: CITY OF SANTA ANA ZYPA(-IA -O�H A being duly SWOM, deposes and says: INDIVIDUAL That he/she is the party making the foregoing proposal: PARTNERSHIP That lie/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments flor the co -partnership, by: who constitute the other members of the co -partnership. ORIIORATION That he is of: L-0 il r- ejo c— v— C a corporation which is making the fioregoing proposal: JOIN-I'VENTURF, That he is of. - one of the parties making the foregoing proposal as ajoint Venture, and the he/she has been and is duly vested with the authority to execute iristr=MtS for an on behalf of the parties making said bid who, are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed co hin elforanyotherperson. odr Subscribed and sworn to before me this 21 day ofTAiJ),AF-- -- 20 2) Signature of officer Administering Oath (Notary Public) City Council 17-22 3/16/2021 P-12 of P-23 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or -yaliq1ty of that document. State of California County of Orange "m On January 27, 201M before me, Sandra Velarde, a notary public (insert name and title of the offic�r—) personally appeared Dragan Marjanovic who proved to me on the basis of satisfactory evidence to be the per,son" .,rwhose name�sfl§�� b cribed to h hi I e wit in instrument aDd acknowleped to me that�,A�t�Khp ' 7 1 1 ,"-xecuted the same in rii h ef authorized capacityoegand that by h'-/heMff i signatur5.$-•n the instrument the @-"� �w perso nspilor the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SANDRAVELARM "lotafy Pubk - Catifol 0011tY Commission to 221 Y12 My COMm. Expires Oct 24,2021 /41 Signature I/ '(" � _(Seal) City Council 17-23 3/16/2021 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 14-6802 WARNER AVENUE, STREET IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT NO-: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAIN TO OAK) I KNOW ALL PRESENI'that, Lonerock, Inc. as BIDDER, and The 0hiQ Casualty Insu[ance C as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten Perc nt of arnount bid Dollars ($- 10Y-b—), which is ten percent (10%—) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, fierily by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 27th day of _January —...,2021. BIDDER* Lon rock, Inc. - P.O.Box 54503, Irvine, CA 92619 - (949) 310-0804 Dra resident SURETY* The Ohio Casualty Insurance Company - 62 Maple Ave, Keene, NH 03431 - (858')2515-3988 Dean Brown Attorney -in -Fact ---------------- 7- Subscribed and sworn to before ine of a20 Signature: Notary Public in and for the County of State of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, addr,t"s and telephone number of authorized representative, City Council P-13 of P-2�7 — 24 3/16/2021 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No, 8184311 Librity Mutual Insurance Company --- The Ohio Casualty Insurance Company WestAmerican Insurance Company KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutuai Insurance Company is a corporation duty organized under the laws of the State of Massachusetls, and West American Insurance Company is a corporation duly organized under the laws; of the State, of Indiana (herein collectively called the 'Con)PWieS"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint. Dean E. Brown: Daniel R. Brown all of the city of SAN CLEMENTE state of CA —1 — each individually if there be more than one named, its Irria and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as Surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in then own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of Vie Companies have been affixed th&eio lhis._22nd day of __-August __ _ _�LQ1 s _ STAXE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company ij sy: -- -- -------- David M. Carey ,-;'sslslaru Secretary On this 22L_ d day of -,August 2018 _ _1 �.-- before me personally appeared David f41. Carey, who acknowledged hirriself to be the Assistant Secretary of Liberty Mutual Insurance Company The Ohio Casualty Company, and West Arnercan Insurance Company, and that he, as such being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer, IN WITNESS ',,VHEREOF, I have hereunto Subscribed My name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above. written. COMMONWEAt iH OF PENNSYLVANI ...... .. ... Nwnna� st'.1i Tnre,-,n Pigfoh, Nr,!cry p'Qjbi�r, By: M—lnn iwP Moofv'mA" yCaunty Teresa Pasiolla, Notary Public My malch 28, 2C21 This Power of Attorney is niade and executed pursuarlif fo''arid by authority of the following By-laws and Authorizations of The Ohio Casualty insurance Company, Liberty fAutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12. Power ref Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint Such attorneys -in -fact: as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in fact, Subject to the limitations set forih in their respectivc, powers of allorney, shall have full power to bind the Corporation by their signature and execution of any such insirurrionts and to attach lherelo the seal of the Corporation. When so executed, such insirunrients shall be as binding as if signeti by the President and attested to by the Secretary. Any power or authority granted to any representative aratlerney-h-fict under the provisions of this article may be revoked at any dune by the Board, the Chairman, the President or by the officer or officers granting Such power or authority. ARTICLE X111 — Execution of Contracts,- SECTION 5. Surety Bonds and Undertakings, Any officer of the Company authorized for that purpose in writing by the chairman Gr the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-lict, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. $rich attornoys-in-fact subject to tile limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of tire Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -- By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with, the same force and effect is though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Corr'PamY, Liberty Mutual Insurance Company, and West American Insurance CompanydoHereby certify that the original pos.ver of attorney of which the foregoing is a full, true and correct copy of the Power of Atterne , cuted by said Companies, Is in full force and effect and has not been revoked IN TESTIMONY WHEREOF, I have hal.LintO ';at my hand and affixed the seals of said Companies this day of "o i �39 y 47it Renee C. Llew i ssrstant Secretary City Council LM S-, 128 73022,017 17-25 3/16/2021 24 of 100 A notary public or other Officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or val,iqLty of that document. State of California County of _ Orange On January 27, 2021 'cefore me, —Sandra Velarde, a notary public (insert name and title of the officer) personally appeared Dean E. Brown who proved to me on thebasisof satisfactory evidence to be the personswhose names' nary zisu scribed to the within instrument and acknowledged to me that Afinrxecuted the 'game in ��Q�FltPjP-guthorized capacity(i (��O sl',and that by -y6ir-signatbrefs)~n the instrument the perso!�Wor the entity upon behalf of which the perso'�syia'c'ted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha and official sea[ SANDRA VELARDE Notary Public - Californio OrangeCounty Commission # 221 R27 My Comm. Lxpires 00 24..... Signature L (Seal) City Council 17-26 3/16/2021 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validitV. of that document. State of California County of Orange • January 27, 2021 before me, Sandra Velarde, a notary public (insert name and title of the officer) personally appeared Dragan Ma0anovic who proved to me on the basis of satis w WITNESS my ha and official seal. SANDRAVELARDE Notary Public - California Orange County Commission 0 2217727 My Comm, Expires Oct 24,2021 ,Wawa Signature (Sea[) City Council 17-27 3/16/2021 PROJECT NO.: 14-6802 WARNER AVENUE STREETIMPROVEMENTS (MAINTO OAK) PROJECT NO.: 18-6424. WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAIN TO OAK) LIST OF" SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: • Streets, highways including bridge projects: 1/2% of the bid or $10,000, whichever is greater • Buildings, parks, or other pro.jects: V2%ofthe bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name 'y 0i -7 W>,k C License #/Exp. 51-5 01 % 7 2) IZL3L" DIR Reg. #/Exp. t o '% 1 2 - 6'13cj z Location At-ont� -tus Phone 77 j 4 - e z e� - 77 e-v c> Type Of Work Amount $ 17 z oc"t Name I.Jeense #/Exp. 776-L606, - 5/3021 DIR Reg. #/Exp. ,7 0 C 11: � / # 6 Z'Lr1 License # 7 7 6,, 3 0, 6- Location 7 Phone p Type Of Work Amount $ C101-1- Name lwne�IJA- L7t�lapfewl License #/Exp. DIR Reg. #/Exp. License 4 Location Phone Type Of Work L.,fppf (,4-j117'A V el, 61-10 Amount $ Signature ofBidder Name r_1 f F i J-iq 60; k Pfu. License #/Exp. F"P - z DIR Reg.#/Exp. I v c�cx�c, -t;G k 1 6'13 LZ Location 5f'--C—k— CA - Phone C>c' Type Of Work 4-P, r'j Amount $ Name 'I P - iE C' -, �� -I -x -4- t?, *-R. pl-A-'ce° V4, License II/Exp. -->3—; '72-�z - 6`13ol-7-( DIR Reg. #/Exp. jor-,e-)vc.) License # 7 2��') Location P-9-4 -S Phone Type Of Work Amount $ 2, 0 , C:,0 Z:) Name -p_ • «-' E I i-W Es�-e License #-/Exp. 77825YVE) - S13117-7- DIR Reg. #/Exp. I c>c,) cc c� Zj 2-'b' 7 - 7 -2� License 4 w ak V8 Location i C Phone r7 C' -�S7 - I SSUI Type Of Work 4',5V4-f'-A\'- Amount $ 101 70. City Council 17-28 P- 14 of P-23 3/16/2021 CITY OF SAN TAB ANA PROPOSAL PROJECT NO.. 14-6802 WARNER AVENUESTBEET IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT" NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAIN TO OAK) LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: • Streets, highways including bridge projects: V2% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: !12,% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the fin-fis listed below: Name - - IFCFCI�IJ�, 4X License 9/Exp. q 3, �zl' Df R Reg. #/Exp. Location Phone 0 Type Of Work jL, pL;C2- C, Amount $ kc Name License #/Exp. DIR Reg. #/Exp. License Location Phone Type Of Work Amount $ Name License 4/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Signature of Bid9l aw. License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp, I. icense # Location Phone Type Of Work Amount $ Name License #/Exp, DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ City Council 17-29 3/16/2021 P- 14 of P-23 CITY OF SANTA ANA PIOPOS4,L PROJECTNO.: 14-6802 WARNER AVENUE STREET IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAIN TO OAK) REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. Name and Address of Owner. 41-3 Wfzlts -Aar k j 0 6- u eD G!2— Name and Telephone Number of person familiar with project. �T' DIUA0J, Contract Amount Type of Work Date Completed 2. r, rry vr, 6�LLzpv Atoi�---g 20 6,"wc, rQE7P-FtrP.- hA-->,o, , 5-:A-Pv& -Aoxi Name and Address of owner. can Na�ne and Telephone Number of person familiar with project. z o6l Contract Amount Type of Work Date Completed Name and Address of owner. Tv si 11 --k 1-11 K-S J4 e) — 4 Name and Telephone Number of person familiar with project. Contract Amount "Type of Work y Date Completed The following are the names, addresses, and telephone numbers of all brokers and Sureties from whom BIDDER intends to procure insurance and bonds. City Council 17-30 3/16/2021 P- 15 of P-23 PROJECT NO.: 14-6802 WARNER AVENUE STREET IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAIN TO OAK) ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THR.EE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. -�A Poe E--P Name and Address of Owner. i�061 i0cbf,2- 42-7 - t 9,69- 'S ko Name and Telephone Number of person -farniliar with project. UAAI-f� ' - / z 4'�q'Do' cxx�" )�DPA-04 re" c) E3 3 C) - Contract Amount Type of Work Date Completed <:,�OTA Name and Address of owner. .mow(�'!At E:27k -F- e- `7 1 k - 0417 - Sb 4--S� Name and Telephone Number of person familiar with project. flff Contract Amount Type of Work Date Completed y p 3. CA- 4� Name and Address of owner. J+ Name and Telephone Number of person familiar with project. Contract Amount Type df Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDE"R, intends to procure insurance and bonds. Ct�92-6 7-. City Council 17-31 3/16/2021 P- 16 of P-23 PROPOSAL PROJECT NO.: 14-6802 WARNER AVENUE STREET IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 20-6619 WARNER AVE STORM DRAIN IMPROVEMENTS (MAIN TO OAK) .DAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 71.06 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to Put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, , profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged in -formation or data relative thereto, or paid, and will not pay., any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a Collusive or shan-i bid. Note- (The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned hat rnakicertification may subject the certifier to criminal prosecution. Signed State ofCalifornia County of Subscribed and sworn to (or affirmed) before me on this 2,`7 day of 20( by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal City Council 17-32 3/16/2021 P- 1, 7 of P-2' ) !� jl�'111111 — - ---------- - A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity_of that document. State of California County of range On 3anuary 27, 2021 before me, Sandra Velarde, a notary public (insert name and title of the officer) personally appeared Dragan Madanovic who proved to me on the basis of satisfactory evidence to be the persoqKwhose name is s bscribed to the within instrument and acknowledg, d t me thattpoeppy-executed'the same in " 0 ' Z%i�'��e�-authorized capacity is orlfhe�isignatur on the instrument the Oes�), and that by !Ms perso'n,ko, or the entity upon behalf of which the p'e'rson ra -nent. personsacted, executed the instrur I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoin4 paragraph is true and correct. WITNESS my ha ha and official seal. ySANDRA VELARDE OQ11.1000Unty Commission r 2211121 My Comn Expires Oct 24, 2021 Signature (Seal) City Council 17-33 3/16/2021 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 14-6802 WARNER AVENUE STREET IMPROVEMENTS (MAIN TO OAK) PROJECTNO.: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAIN TO OAK) NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation., to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City Council 17-34 3/16/2021 P- 18 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 14-6802 WARNER AVENUE STREET IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OBI PROJECT NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAIN TO OAK) 7. The Contractor shall include the portion of the sentence immediately preceding paragraj and the provisions of paragraphs (1) through (7) in every subcontract or purchase order 1 exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to S1 20,4 of Executive Order 11246 of September 24, 1965, so that such provisions will be bi upon each subcontract or purchase order as the administering agency may direct as rne, enforcing such provisions, including sanctions for noncompliance; provided, however, ( the event the Contractor becomes involved in, or is threatened with, litigation v Subcontractor or vendor as a result of such direction by the administering agent; Contractor may request that the United States enter into Such litigation to protect the int of the United States. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, a amended, no discrimination shall be made in the employment of persons upon public v because of race, religious creed, color, national origin, ancestry, physical handicaps, m condition, marital status, or sex of such persons, except as provided in Section 1420, an( contractor of public works violating this Section is subject to all the penalties imposed violation of hater Signed: Title: T Date: 0 Z k (1) less ing ; of t in i a the d as i any for a City Council 17-35 3/16/20�1 P- 19 of P-23 OCITY OF SANTA ANA PROPOSAL PROJECT NO.: 14-6802 WARNER AVENLJESTREET IMPROVEMF,N'FS(MAIN 'CO OAK) PROJECT NO.: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT' NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAIN TO OAK) STATEMENT' REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of tile State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the sarne basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall, payalik-am., nttot C lifornia Apprenticeship Council. Signed- 'D Title: " Dt- Firm : c Q1C7--X1)C:,1K Date: c) 2-- 4 C= k Z -2-1 City Council 17-36 3/16/2021 P-20 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 14-6802 WARNER AVENUE STREETfMI1ROVEMENTS (MAIN 'I OAK) PROJECT NO.: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAIN TO OAK) STATEMENTREGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CM, Part 3). This act provides that each contractor or Subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she i, Zowise entill,)I, Signed: Title: Firm: L (_) ='�zc � Date: 2- / c, l Z 2-1 City Council 17-37 3/16/2021 P-21 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 14-6802 WARNER AVENUE STREET' IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAIN TO OAK) PUBLIC CONTRACT CODE SECTION 101 62..QUES'rIONNAIRE In conformance with Public Contract Code Section 10162, the B.IDDER shall complete, under penalty of perjury, the following questionnaire: Flas the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No V/1 If the answer is yes, explain the circumstances in the following space. City Council 17-38 3/16/2021 P-22 of P-2' ) CITY OF SANTA ANA PROPOSAL PROJECT NO.: 14-6802 WARNER AVEN(JE STREET IMPROVEMENTS (MAIN TO OAK) PROJECT NO.. 18-6424 WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) PROJECT NO.: 20-6618 WARNER AVE STORM DRAIN IMPROVEMENTS (MAIN TO OAK) STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit describeSection I-, a and the Notice of Inviting Bids. Signed: L Title: D ;F j-> F'irm: e- P <-- Date: 02 1Z 2 LZ 2.1 City Council 17-39 3/16/2021 P-23 of P-23 PROJECT 14-6802, 18-6424, & 20-6618 WARNER AVENUE STREETIMPROVEMENTs (MAIN TO OAK) WARNER AVENUE WATER MAIN IMPROVEMENTS (MAIN TO OAK) WARNER AVENUE STROMDRAIN IMPROVEMENTS (MAIN TO OAK) This CONSTRUCTION CONTRACT is made and entered into this 16 1h day of March, 2021 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing tinder the Constitution and laws of the State of California (hereinafter "CITY"), and L,onerock, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: I. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Warner Avenue Street, Water Main, and Storindrain Improvements Project (Main to Oak,) (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders ® Bid Proposal • Bid Bond « Contract Form • Contract Bonds + General Provisions ® Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Nine Million Four Hundred Eighty -Six Thousand Five Hundred (Twenty -Five Dollars and No Cents ($9,486,525-00), as set forth and identified in the BID PROPOSAL,, which is attached hereto and incorporated herein as Exhibit "A," 'file BID PROPOSAL, contains a schedule of unit price(s) or Jump sums) based on approximate quantities only, and the City does not expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 09/01/q;y Council 17-40 3/16/2021 Page I of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT' within the time specified in the'"Firne for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT salary or wage at least equal to the prevailing salary or wage established for such work as set -forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: 1 2-L CONTRACTOR shall, after award ofthis Conti -act, furnish two bonds to be approved by the CITY, one in the amount of One 14undred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand.Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, darnages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; 00 Perfori-riance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; City Council 17-41 3/16/2021 Page 2 of 3 (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work. of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement, (vi) '"Fhe indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any irnplicd right of indemnity in favor of CONTRACTOR against CITY or any other Indernnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALI-10 City Attorney By: J VI Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Lonerock, Inc. NAM �,j �Ap TITLE: , y-") -V?!, lk-7-,S:��, -D C-7 01T- City Council 17-42 3/16/2021 Page 3 of 3 4wwv sf"P't swnn f11111 K1411'r i0 Oak (IA 20 `�'M, b4d,"Dor QZ0.120'21 2 01V PM gPIST� Bid Resufts Bidder DetaHs Vondor Nano Lonerock, Inc, Address P.O. Box 54503 kvine, California 92619-4503 united States Respondee Dragan MadanoVic Respondee Title President Phone 949-310-0804 Email dragan@lonerockinccom Vendor Type SSE, CADIR, SOCB Liter N 834112 CADIR Md Detail Bid Fonnat Electronic Submitted 02102120211:51 PM (PST) Delivery Method OW Responsive Bid Status Submitted Confirmation 0 241634 Ranking 0 Respondes Comment Buyer Cornment Bond 08011d Contract ID Attachments GenfV eral Ptopmi.pdr 0wrrershIPAffidevit,ptif Non Callusion Affidavit.pdf General Proposal,pa Ownership AlfldeviLpdf Non Collusion Affidavit.pdf City Council iw 17 — 43 3/16/2021 C;tv Als mvl*r 0,Td Storm Da., " FMv,. 0,frurW M,,'n w b�dlt,,r} t1,1 C2 �02',121 2,00 FM ($T 1`10fqo DZIT;Q1121 Type Rein v0se Sid Rom CLEARD4 MID GRUEstisr, $ISO'Soom Bid N.- PREPAREAND IMPLEMENT SWP;IP LS 1 Boo Aid Kiinw, I LOON AGREEMENT OVERSIGHT ... . . ... . .... ...... . LS StS090.131) 3160mon saw BW I"It 'UPtUASSIMIED EXCAVATION cy 8000 $75V4y 06001AMIC0 yes go" BW In= 'STRWTURIL1XCAVATDN AND BACKMLL cv 4mma Bum ma . ...... 0700,000.00 ....... . . .... f, . .. ... ...... Yes 8M Bid Itern, 'LIMETREATILDSLREASE By moo $15.So Y" IE, VS Bd R... r(xo UILLiNa. Cr WX) t SF IBM 9 one W Vom 'ASPHALT CONCRETE MJM) TONS 2220 $02,00 .... ...... bid KIM,$ -A3PHALT CONCRETE (HMA) TONS em $77 $05,850.00 Yes Mae OW RM's (CM) CY =00 $35=.00 . ..... . ... .. . ..... .. .. . . . yes Hama ItsPCC� CURB RAMRCITY STD 1122ATYP­ I EA 12 1­ Bid IW M 9 P CC CU R BRA MP-. CA LTR A N 8 S 7 D A AR CASE a, C I EA 6 "' , � "Po OR . , "' , Yaw � sams Bid It"s -PCf> SIDEWALK (7-4') SP- 1, alwo 1-111, SS.00 11­4__7_:! SIOSDwo I'll 11 Yoe, Is -Kr: CROW GUTTER: CRY STD PLAN TICE SF 640 $15.00 SI yos, 15 .1111111--,", 0 099 Md SUM i ?CQ DRIVEWAY (TWY, CITY SM 1112, CME I 8F 1160 915UG j BITZ0,00 PYes . . ..... Did ftigm ... .... .... ....... ... TOG: DITIVIEWAY (T -0'): SFPWC3TD 110-2, TYPES 6F 1110 $12.00 jsila,800.00 17 , aasI B , W , It. PCCCURB: CITY STD 1191 (B-IY LF '310 .lm,... i!F Waa nSW ft� fm CuRas3pWCSTD 1024(Ala) .... .. ... ......... .. ...... .. .... " ­ , " _`­ LF 20 "Ni I.—..o.o.. $40.00 110,1D1.0011 je� mEINME PCCCURBANDGUTTERCITYSID1101A 4 LF f— , tY20 o04 R's -XCURS A CTYS1101A�26 - L 'A Sao SOAM 320,()XL00 Y. 21 De Iteas ... ......... . . ' � Y.. Rew Eld ftm '',07CUftA�'IDGUTMR�OTYSTDi0ifi�2"* F PCCDIKSiiGLITERiy 3TD,�11wlpirmLF 26M saam :2a . .... 0wo Me Iwns . PCC: WDLAI4 37AMPED CON "C"ri"Y' -1 12054 00 1 yes Isms B.. ei j 0"U"S"P A"DS 1Q, F iLAf,q­ Isg, SF . .. .. . ........ .. @we Bid Isom& FCC: LOCAL DEPRESSWN� CRY STD PLAN WS EA If Name 5,eo 06,, "IMMONRY SOLII,*W&L. co FT'('*'40W0E9 FOOTING) t.6 1 $1 7 SO ya� 27 ORSO Sid ftAIPTS -MMORRY SOLINOWN1 A FT (NCLUDES FOOTWGI L M -NIASONRY 5 - EA Y" 54 twm* -CUN LWK FENDS LF Jr, 240 $a0m.00 VWS 10 Rase &d bams V� ftT, WAY P. Av%S RECORSTRUCTION (IN40ND� 8F 300 SIS.DD 94400.00 ­ Yea 37 S.- Old Items %ASONRY BLOCK WALL AND WROU(;HT RON RAPLstla . ...... 30 ... $360A0 Y . .. .. .. . - . ..... Bub Bid ftm 'MFTAL HAND RAILING (TYPE 5) PER 9PMC STD W&2 LF r To Y.. Mlr SaPiew Item MODULAR WETLAND SYST E _J� CRAPPROVED EQUAL $120,000.00 yes 34 Sam did ftwng MOr.XAAR WETIAND SYSTEk4 (810 CLEAN W&"2td ORAPPROVED EQUAL LS 00 B100,D00.00 � Yes 36 POT USED EA SODO Y.. PLANTWG (IWLUDEB MuV, US 4150aw,00 17 V25,00 $5 M.00 Yes i ku" Do ftasw WIGATM (MUDES CONTROLLER„rLECTRZAL CONNECTIONAM WATeR CONNECTION)(is 6185,MC00 yes 35 PLANT= ESTASLISHMCHT (a NONTHS) LS coo DO 'fee "40 Bud aw ft—S 1 'F04NISH AND WATM.L NEW 2CANO SERW��F WIRER LF 3350 1 42SLOO 41 M116 . . . ........ -FURPQSH AND WSTALL W.W 03 SIZE PULL BOX EA 28 S14,000Z .. I . ..... . .. Mas 42 Um N hiffm HAND WSTALLNEW.W YM�93 . .. . . ....... ....... . .. ....... $5.00 $lIX0.00 Yes 43 Sasamda� 'FURNWHAND MTALL NE'A MERION C�ONCRETE NTH 163W LED FIXTURE WIN a FT LUtM"RE PIPE EA 26 5'97,002.00 y SIS2,000m yes one ad ftm yes f 45 1 em Old ftamt TRAFFIC SIGNAL SYSTEM MODIFKA'TM MARNER AM AWN) LS MBoSm yes f Use Set itosmI TRMFZ SIGNAL SYSTEM LMOIFICATKOt IWAAWR AND I MAPLE ) LS if v0q=.W yes timm VOEO DETECTION SYSTEM y" 48 SMO Nt Usess GTT OPTICOM EW SYSTEM L9 00 mxust Y. 4v 3M Bid RegIF, WSTALL. Pvc COMUT LF W-W 9120WC0 Y" &D sm. Vlmrnva .1STALL IPLILL 00Z FA 25 $MD, sItLoom I%& City Council r 17-44 3/16/2021 C"fY 01 Goqta Ao,a 1, 8,tr�nC 4ap"',em", u.", ;. Ok 14SKQ: fe' 424: 2Q ,,p 14 Vldtr,y 0'10Z,12A2021 2:00 PIA PSG'�� I 74 83 Ram Bd Pam Does, W IWma to" Did he'm Same So NuTIS Bast aw "Ma . ................... . 114" Ow Items Saw SW Iwm Basa SW hwns 83" SW Items Rase ad ftna Bass Sw 1twns 83'" Bid Imm Daft U Mom Saft OW [lam. J, ftse aw hms Ban wd Items Rassdxsr Base wd RNM Burma Ed Item. v. Ittau vu wns Barns am iw" Rate Wd toms Rama Bw Rom Saso Base Bw lIen Base SW Iwft Ban 044 bms 118 ...' . .. .... L San Bid lwrrvt Sew Bid KDMS Bid I It smm ease Bw ROM IL Rasa wd Ram$ son ow 4INM Bm OW 46MIS a.. am Was 91 B.. 03 GD Bass SW hofflaa SM Sid Rem Sacs Bid itsms Sam SW Items 04" EId it.. so _,V�� _91y Unk,Pnele Une T3W �_Rmsa-m USTALLTRAI'FIC SIGNAL LOOP DETECTOR (TY a' "A Yes -MISTRAND SINGLE MWE FIBER OPTIC CABLE Lt 32,7'0 Yes 1UWDN SPLICE I STRAND Of SINGLE MODE FIBER On% (SMFO) FA 90 I $200 S 192 00 vY.. *STALL FIBER OF TIC SPLW E ENC LID 8 UR E EA I $7w.00 KSTALL CCTVAND F COMMKICATION SYSTEPA IS S25,000,00 yes PaTH0LETRAFfJCSK;RA1L POLE LOCAnON FOR IlLn �EA 0010LICT ..... ........ . 1 15 $S)Doo $7,500.()V Yn . 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M yes =MTRUCT eW RGROP *LCAD PER PROMLE) WITH 5EDDWG PER 0CPw sTO PLAN Isit LF 43 350SOO IAr COP RISER WITH 90-DE(AEE ELBOW AIM SAFTFY CASE PER CALTRANS, 0035 AND DETAPL A EA I $3,wo.00 s:I,5w.w afmm OR SHEETS, City Council FlI11,AMd, ,r17-45 3/16/2021 VVRMP�'Alsnut, Rtfmt Vwv and &wrn D1 0,0 flM MIVI trO QMn (14 , M1 R,64,n4, 20 V, rj-waAl 2:GG RM fr,aT, 07 i a -I* SO CONSTRUCT CABAS TCH N tYWPP 'r PER C$AVO � FA NO. S 50000 Ix f NS �-Cl) TRUCT CATCH BASIN TYPE -C' PER CSA STO KM 6A �3 'CCWSTRLICTI0.7SM6.MRC8 wrrH IC, OF COVaR FLAT INVERT PER CALTRAM STD FLAN MAW, 062 Ban ski Y f MODFIED NTH M-4600 PSL (OR PRECAST LF ALTERNATIVE FFR CALIRANIS 1208 d 91,400,0 STDFUN D8MAMDDM AT CONTMCT0R`S OPTION) Ban EW Dkms 'CONSTRUCT JUNCT04 STRUCTURE PgR SPPWC M � PLAN 33Z2 EA I � S1,01,200,00 City Council 17 — 46 3/16/2021 Ntf 21n, S,,,: m Draa) iarlg vxwne,fj from iVn u0 O.V, ( i4 ze", M18-F,12,�rj h'C� .ia�llri "n 200 PPA f !'r,wil G—V '71= 1 I Owl& Hawn DaranpEon �UOWOTY� Unit Plics' Lim Tolv®1 so is Commm �Rd n 101 uma aw un. . . ...... ... � �CCNSTRUCt CONCREI'E COLLAR PER SPPWC STO PLA, I EA �2 j 0 be ItQ an& Ow Renn 'CONSTRUCT JUNCRON CHAMBER TYPE, V PER CSA $30 ox EA 2 SW C( 10 (0 STD MAN 3MAANO M Yes 00 CiA9So" Md Ilems JUNC71ONVIRUCTURE PIPETO RUB pe 63 0= EA cepwro PLm X33.2-M a=00 Nl� as. Dw Nm 0CPW Sid? PLAN 333-2-0r, MCDJFED W Rig EDGE BEAM FA f MAKS PER 9rCTM 0 00 $IB,0040 r Y" ftw ski hwTo CONSTRUCtRCIP ENDWAL1 SECTION W1 RCP t V0000, CONNECTM . ...... . EA tz yes Ica' 0060 Sid VW= .. 'CONSTRUCT BRICK d MORTAR PLUG PER DETAIL 0 ON EA is $2,000.0 &REETO v- 0 Bwa SW ftums 'CONSTRUCT W RCLWFORCED CONCRETE BOX WWWU PER OCPW VrD PLAN 1503 1W EA i "'Mo" $25SO.0 Yss ,1(9 am ght few's DEWAIERfNG $4F,000 I , J, , .00 1% L5 I 10# Rmw Bid hanit SHGRW� L9 f $4500000o I ys, .... .. ..... ... ....... Bw It*.re coftoswItis l"ks`nw1w signs ¢ EA I 2 34,M040 I Yao W" Ud Items I'JUDdhin Chwobais Tnm 'Y $30 WC EA 12 WD DOD 00 Yes 172 Sao Ski plvm. d -wfi Typa' A $20 O00 Y06NvwC Owo 54 Wwl�k Note. pr P.4 Of' 5POCkatkmESNwa CA xrt 0 rd Sraa*wXtjstal- in ion 34 t W.. i �0 x $0.to Y� tl 114 ' Samna SakAa'dxrPol: INortaa ar f'~b +aP 3 rorA4ianPiamd , IW"JT of,.,,. Ew Calculi 2,3Z ft awndd sp.0cw14"nc EA 0 $000 City Council 17 — 47 3/16/2021 Ciy W s"Ma Ana lir.rn 9 Ir 7. CID MA "PST) Lhe Itern SUNUUIIS, Sedion'rRle ✓ Bass Ltd Asteask NoW per P-4 d Specifimbans - NO-r patt of Saag aid CSICUlatkyj Une City Council 17-48 3/16/2021 The liquidated damages amoun� in lieu Of the amount gDecifled in jj� 11!1111 111115 !Iillp�:�Iipliiii MEMEM M JIM 01 01! 11 1 1111 �11= NEED= City Council 17-49 3/16/2021 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 14-6802, 18-6424, 20-6618: WARNER AVENUE IMPROVEMENTS (MAIN TO OAK) Construction Contract $ 9,486,525.00 Contract Administration $ 400,000.00 Inspection and Testing $ 1,214,197.00 Contingencies $ 1,155,145.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 12,255,867.00 EXHIBIT 5 City Council 17 — 50 3/16/2021 Community Development Agency https://www.santa-ana.org/cd Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: Santa Ana Outdoor Safe Dining Program. AGENDA TITLE: Approve Appropriation Adjustment Recognizing $500,000 in Grant Funding from the County of Orange for the Santa Ana Outdoor Safe Dining Program (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing grant funding from the County of Orange for the Santa Ana Outdoor Safe Dining Program in the amount of $500,000 in revenue account (No. 12418002-52030) and appropriating the same amount to expenditure account (No. 12418810-62300). 2. Authorize the City Manager to execute agreements and approve any other required actions necessary with the County of Orange, vendors, and contractors, who will implement the Santa Ana Outdoor Safe Dining Program, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The County of Orange Supervisorial District 1 has generously selected the City of Santa Ana to pilot the Outdoor Safe Dining Program to mitigate impacts of COVID-19 for restaurants by expanding outdoor dining opportunities through the installation of parklets on private commercial property. The COVID-19 pandemic and the necessary physical distancing measures implemented by the State of California have impacted many businesses, leading to business closures, loss of employee hours and wages, and layoffs. The County of Orange Board of Supervisors allocated $10 million in General Funds equally between the five supervisorial districts for economic support initiatives for small businesses in response to COVID-19. As part of the economic support initiatives, County and City staff worked collaboratively to bring forth the Outdoor Safe Dining Program that will utilize $500,000 of County General Funds to help restaurants in the City of Santa Ana operate in a safe manner, and abide by State of California and local health official mandates for social distancing. The program will target restaurants along or within 500 feet of First Street, and depending on funding availability, restaurants along or within 500 feet of 17th Street. City Council 18 — 1 3/16/2021 Santa Ana Outdoor Safe Dining Program. March 16, 2021 Page 2 The City will work with a vendor for the design and installation of the parklets according to City standards. The proposed designs may include rails, planters, wood decks, shade sails, solar lights, and drought tolerant plants. Full program guidelines are currently under development and the program will be ready to launch by mid -April. The following are sample concepts for the outdoor dining patios on private commercial property: BACKGROUND On May 28, 2020, in response to the COVID-19 pandemic, the City Manager signed Executive Order No. 5-2020 to help existing commercial businesses operate in a safe manner, and abide by State of California and local health official mandate for social distancing, by temporarily authorizing restaurants and retail businesses to expand dining and retail operations outdoors. This Executive Order allowed Downtown restaurants to temporarily expand dining onto sidewalks, parking spaces, roads, and allowed all other restaurants in Santa Ana to temporarily expand dining operations on to parking spaces servicing the commercial private property, exempt from local permitting, but in accordance with written guidelines. The City utilized CARES Act funding to create 23 parklets throughout Downtown Santa Ana. These parklets have been a success and have assisted businesses to continue their operations throughout the pandemic. The following are parklets that were developed in Downtown: City Council 18 — 2 3/16/2021 Santa Ana Outdoor Safe Dining Program. March 16, 2021 Page 3 i of The Outdoor Safe Dining Program will enhance and build upon already existing City efforts for safe outdoor dining spaces. FISCAL IMPACT Approval of the appropriation adjustment will recognize $500,000 in the revenue account No. 12418002-52030 for expenditure as follows: Fiscal Year Accounting Unit- Fund Accounting Unit, Account Amount Account Description Description FY 20-21 12418810-62300 Orange Outdoor Safe Dining Program, $500,000 (April -June) County Grants Contract Services -Professional The spending plan is only an estimate. Any unspent funds by the end of the current fiscal year will be carried forward to FY 21-22 for continuation of the program. Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management Services Agency Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 18 — 3 3/16/2021 Public Works Agency https://www.santa-ana.org/pw Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: Painting Contractor Services AGENDA TITLE Award Blanket Purchase Order Contracts for Painting Contractor Services to US National Corp., Mear Construction Inc., Prime Painting Contractors Inc., GDL Painters Inc., and 1 Solorio Inc., in an Annual Aggregate Amount Not to Exceed $200,000 for up to a Five - Year Term (Specification No. 20-153) (General Fund and Non -General Fund) RECOMMENDED ACTION Award blanket purchase order contracts for citywide painting contractor services to US National Corp, Mear Construction Corp., Prime Painting Contractors, Inc., GDL Painters, Inc., and 1 Solorio, Inc., for a two-year period beginning March 16, 2021, and expiring March 15, 2023, with provisions for three one-year renewal options exercisable by the City Manager, in an annual aggregate amount of $200,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City establishes an annual blanket order list of vendors that provide services and materials that are required by agencies on a consistent basis. Painting services are required at times by all City departments for the purposes of general maintenance, building modifications, graffiti control, and renovation. An Invitation for Bids for painting contractor services, was advertised on December 02, 2020, on the City's online bid and management publication system. A summary of the Invitation for Bids and bids received is as follows: 311 Vendors notified 1 Santa Ana vendor notified 43 Vendors downloaded the bid packet 20 Bids received 0 Bid received from a Santa Ana vendor The bids were received and opened on December 22, 2020, and evaluated (Exhibit 1). Twenty bids were determined to be responsive. The bids received from US National Corp, Mear Construction Corp., Prime Painting Contractors, Inc., GDL Painters, Inc., and 1 City Council 19 — 1 3/16/2021 Award Blanket Purchase Order Contracts for Painting Contractor Services March 16, 2021 Page 2 Solorio, Inc., were the lowest responsive to specifications, meet the City's requirements and comply with prevailing wage requirements. Awarding to five bidders allows for competitive quotes on individual jobs and scheduling flexibility. Outreach Efforts The Purchasing Division advertised this project on the City's online bid management and publication system, which directly notified one Santa Ana vendor, of which they did not submit a bid packet for consideration. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT There is no fiscal impact at this time. Funding for these services is available in this years approved FY Operating budgets, and will be budgeted in future fiscal years. Prior to utilizing any of these on -call services, Public Works staff must receive Finance & Management Services Agency approval of funding and accounts to ensure that funds are available under the authorization and aggregate limit of these agreements. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing specific scope and maximum expenditure for the task order will be issued to a contractor. EXHIBIT(S) 1. Abstract of Bids Submitted By: Nabil Saba, P.E., Executive Director Public Works Agency Approved By: Kristine Ridge, City Manager City Council 19 — 2 3/16/2021 0 0 0 0 0 0 0 0 L(1 Lri Lri Lri a a; 06 -zi a; U LD Ql Ln lD V V I� r-I Ln I, C u a+ c-I Ln O N 0 an a O O a 0 M U i OL E ++ H Ln O v41i O N co r I Q V 2 x v� in• {/)• V). in. � � � �� 0� 00 00 C Q N-zl- I, O _= Q .4 O I_: O - U l0 m I- i V m �t k.D rr14-I � V m m 0 J i m C7 N rn rn rn a) Q o 0 0 0 � m 1* U r, rl _ U LLn r rN-I ., ai r1 = i O O_ p biD m f6 � d •L fC a L V WL ++ L O O 'a a U Z to C7 to 4.4 40- 1/)- V� t/} il)- if) - OO OOO OO OO O O V Ln O Ln O 'r, Q Ln Ln O O ar 7 Ol M Ln V U 3 r- 0) Ln I- L- O ate+ O (A V N N 0 C CL coo C U O 0 c Ln U m N y 4! of OA L L 7 L G1 C L 3 Q) fa by J bO Ln O O o0 O O O O O Q m m m Ln w Q rn ` U O iO U O _ t Q V O E ++ O U m Z m 4 c Ln J 11 Ln L11 41 41 0 cO� I= cOi d' N > Q � Q Ln 'n r- o N LA V_ tw 7 G�1 7 OD 7 7 i O V `1 r O 0 Q) _N V OC O *' S Y Q) = N O +' 2 1 N S Y N LU a„� .� V) N 06 N OJ ar c N Ol 03 v1 a)Ln Q t6 U v? L a v v •L a v� _a •L a Qi Z � = Q E f 6 = E = Va Z p A m L m L V) i p i• m L v) m L 0 Q (U V a) (6 f6 f6 L M V N (6 i` f6 m- L i. M CO d L w _@ L -0 w -0 O 0N O v O O U U ri 2 C7 r4 2 LA OC r•I 2 C7 r4 2 Q � N Z E E m p Q U ar N O N (Y) M T— M O U Z / / / / / / / 7 v \ \ \ � § q / \ \ \ - c E 0 u . � / 0 %c k . 7 3 u A f \ R � -L� -L� V). � \ f \ 0 0 0 0 0 0 ° / / 2 0) / a / \ \ c E k m u � � § | 0 -0 f 2 u . m 0 0 \ \ / ? 0 E \ • « / / = u 2 \ � Q tw k k ui 2 o m . E o 7 c \ \ 2 § . « if)- -Ln � 4 - V� V c 0 0 0 0 » » \ \ \ \ i 2 / /uEƒ s/ m \ \ \ ' ¢ / / . w to6. � c E . < / ui m / 0 s .% Lr- k \ \ \ \ \ f \ \ 0 0 0 0 ® E m » Cl)E< m q E m k/ m% � 0 § ! u - e CO r U ' 2 / , . - CL 2 m m � , k k \ m > 5 g . � k / § k / W § / ( § / c E o 2 Q o± a 2 Q° 2 m ' I I ' = I ■ ° m $ ® m $ ° m $ ® m $ < M CA2$ 2$ 2 4 2 4 2• a 2 CL 3 c 3 w a s = / j§ E' k E/ k E m§ E � % \ % \ � ■ % \ % / ° E . E e s 5 § 5-0 e-0 o= \ b.0 % E / % \ / / § b.0 % W o J . Ln A = = Q = = (A, I = = I . - w m w - a m b § � O CN m � � j U � WA Public Works Agency https://www.santa-ana.org/pw Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: Grapple Truck Purchase AGENDA TITLE Award a Purchase Order to PB Loader Corporation in an Amount not to Exceed $645,844 for Two Compressed Natural Gas Palfinger Grapple Trucks (Specification No. 21-023) (Non -General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to PB Loader Corporation for the purchase of two compressed natural gas Palfinger grapple trucks in the amount of $620,844, plus a contingency of $25,000, for a total amount not to exceed $645,844, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency Maintenance Services Division is in need of one new grapple truck (vehicle) to replace the existing vehicle, and one additional vehicle to add to the aging fleet of work equipment. The existing 2002 model year vehicle has reached the end of its useful lifecycle and has become unreliable, directly leading to public service delays. The vehicle will not comply with the State of California Air Resources Board Portable Equipment Registration Program after the current year due to its diesel fuel system and it will be unusable. Furthermore, the vehicle exceeds the City's Fleet Services Division's recommended Equipment Lifecycle Guidelines by exceeding 13 years in age and over 7,000 operating hours, earning a "terrible" conditions rating based on industry standards from the Municipal Equipment Maintenance Association, the National Association of Fleet Administrators, and the American Public Works Association. The new grapple trucks will utilize a compressed natural gas (CNG) fueling system. The grapple truck is a vital all-purpose vehicle with an articulating boom/crane that utilizes a claw to pick up large objects and load them onto a vehicle for transport/disposal. These vehicles are crucial for staff to perform various tasks efficiently during the course of daily field operations such as moving/lifting heavy tree trunks, debris, rubbish, alley cleanups, and homeless related request for services in locations with challenging terrain such as the Santiago Creek. Furthermore, the additional vehicle will allow staff to expedite service City Council 20-1 3/16/2021 Award Purchase Order for Two Grapple Trucks March 16, 2021 Page 2 when responding to emergency requests related to rain/windstorms or after -hour's service calls. Santa Ana Ordinance No. NS-2312 authorizes the City to utilize purchase contracts from any public agency utilizing a competitive bid process. Sourcewell (formerly National Joint Powers Alliance), awarded a contract to PB Loader Corporation (Contract No. 052417- PBL) for procurement of Asphalt Patching and Roadway Maintenance Equipment as a result of open competitive bidding on behalf of its members, which includes government agencies. Utilizing the contract awarded to PB Loader Corporation allows the City to make purchases through October 2, 2021, and is in accordance with the City's existing Purchasing Guidelines. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds in the amount of $645,844 are available for expenditure in FY 2020-21 as follows: Fiscal Accounting Unit - Fund Accounting Unit, Account Amount Year Account # Description Description Public Works- 2020-21 06817640-66400 Sanitation Fund Environment/Sanitation, $645,844 Machinery & Equipment Total: $645,844 Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 20 — 2 3/16/2021 Public Works Agency https://www.santa-ana.org/pw Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: Caterpillar 925M Loader Purchase AGENDA TITLE Award a Purchase Order to Quinn Company in an Amount not to Exceed $214,991 for One Caterpillar 926M Wheel Loader (Specification No. 21-022) (Non -General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to Quinn Company for the purchase of one Caterpillar 926M Wheel Loader, in the amount of $204,991, plus a contingency of $10,000, for a total amount not to exceed $214,991, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency Maintenance Services Division is in need of one new wheel loader to replace the existing 2000 model year vehicle in the aging fleet of work equipment. The existing 2000 model year vehicle has reached the end of its useful lifecycle and has become unreliable, directly leading to public service delays. The vehicle exceeds the City's Fleet Services Division's recommended Equipment Lifecycle Guidelines by exceeding 15 years in age and over 7,000 operating hours, earning a "terrible" conditions rating based on industry standards from the Municipal Equipment Maintenance Association, the National Association of Fleet Administrators, and the American Public Works Association. The wheel loader (vehicle) is a vital multi -function, all-purpose vehicle with a large front - mounted scoop that allows staff to perform various tasks efficiently during the course of daily field operations requiring excavation, moving/lifting heavy equipment and objects, such as tree trunks, debris, and rubbish. The vehicle is crucial to operations and heavily utilized in responding to Citywide alley clean-ups and homeless related request for services to locations with challenging terrain requiring earth/soil clearing, including within the Santiago Creek and areas with similar terrain. In addition, the vehicle is vital when deployed as part of the City's emergency response to rain and windstorm related debris removal and after hour's emergency service calls. Santa Ana Ordinance No. NS-2312 authorizes the City to utilize purchase contracts from any public agency utilizing a competitive bid process. Sourcewell (formerly National Joint City Council 21 — 1 3/16/2021 Award Purchase Order for Caterpillar 926M Loader March 16, 2021 Page 2 Powers Alliance), awarded a contract to Caterpillar Inc., (Contract No. 032119-CAT) for procurement of construction and paving equipment, parts, service, and rental as a result of open competitive bidding on behalf of its members, which includes government agencies. Quinn Company is an official and approved provider of equipment, parts, and service for Caterpillar Inc. Utilizing the contract awarded to Caterpillar Inc., allows the City to make purchases through May 13, 2023, and is in accordance with the City's existing Purchasing Guidelines. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds in the amount of $214,991 are available for expenditure in FY 2020-21 as follows: Fiscal Accounting Unit - Fund Accounting Unit, Amount Year Account # Description Account Description Public Works- 2020-21 06817640-66400 Sanitation Fund Environment/Sanitation, $214,991 Machinery & Equipment Total: $214,991 Submitted By: Nabil Saba, P.E., Executive Director Public Works Agency Approved By: Kristine Ridge, City Manager City Council 21 — 2 3/16/2021 Public Works Agency https://www.santa-ana.org/pw Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: Flower Street Rehabilitation from McFadden Avenue to 1st Street Project AGENDA TITLE Award Construction Contract to All American Asphalt in the Amount of $305,598 for the Flower Street Rehabilitation from McFadden Avenue to 1st Street Project with an Estimated Project Delivery Cost of $648,000 (Project No. 21-6976) (Non -General Fund) RECOMMENDED ACTION 1. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $305,598, for construction of Flower Street Rehabilitation from McFadden Avenue to 1st Street Project, for the term beginning March 16, 2021 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $648,000, which includes $305,598 for the construction contract, $61,120 for contract administration, inspection and testing, and a $281,282 project contingency for unanticipated or unforeseen work. DISCUSSION The City's Pavement Management Program identified Flower Street from McFadden Avenue to 1st Street as a high -priority area for street rehabilitation (Exhibit 1). Current pavement conditions were field verified and it was determined the pavement has deteriorated due to weather, age, and wear -and -tear from heavy vehicles. Project improvements include the removal and replacement of failed asphalt pavement and the replacement of damaged concrete curb, gutters, and sidewalks. Once completed, these improvements will enhance the ride quality and visual appearance of the street in addition to supporting local mobility of City residents. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 587 regional vendors via PlanetBids, many of which are Santa Ana based. Thirty -One vendors requested bidding documents, and a total of five bids were received. Bids were not received from any Santa Ana contractors. City Council 22 — 1 3/16/2021 Award Construction Contract to All American Asphalt for Project 21-6976 March 16, 2021 Page 2 As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on February 3, and 11, of 2021. The project was also advertised in PlanetBids from February 3, 2021 through February 25, 2021. Bids were received electronically via PlanetBids on February 25, 2021. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 All American Asphalt Corona $305,598 2 R.J. Noble Company Orange $336,000 3 Excel Paving Co Long Beach $363,490 4 Hardy & Harper, Inc. Lake Forest $393,000 5 EBS General Engineering Inc. Corona $411,808 A total of five bids were received, and all were deemed responsive. All American Asphalt submitted the lowest responsive base bid in the amount of $305,598 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to All American Asphalt, in the amount of the base bid totaling $305,598 (Exhibit 3). Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $648,000. Project Item Total Construction Contract $305,598 Construction Administration, Inspection, Testing $61,120 Contingencies 1 $281,282 TOTAL CONSTRUCTION DELIVERY COST $648,000 City Council 22 — 2 3/16/2021 Award Construction Contract to All American Asphalt for Project 21-6976 March 16, 2021 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-25 was filed for the project 21-6976 FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $648,000, which includes construction, contract administration, inspection, testing, design engineering, and an authorized contingency of $281,282. The following table summarizes the funds budgeted for expenditure to deliver construction of this project. All Funds are available for expenditure in Fiscal Year 2020- 21. Accounting Fiscal Unit - Account Fund Accounting Unit - Amount Year No. Description Account No. Description Project No. EXISTING BUDGET Gas Tax -Road Maintenance 2020-21 05917665-66220 Select Street and Rehabilitation Account, $648,000 (21-6976) Construction Improvements Other Than Building Total $648,000 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 22 — 3 3/16/2021 Mmm : III C' 11 / ('�' 1 AI IAA I 1"f 3 I f"'Yr I M kdmd'11M[fioi I fium 100 o0d,_m A,mm, W I '� 1'!H (7 1 ,NN) hiddiiuf ol I 1 '1,/ (1 '`�I I 111 �"d 2(V I EXHIBIT 2 �'J S t S E3, ("I d 'D e t a j I s Vendor Name All American Asphalt Address 400 E. Sixth Street Corona, California 92879 United States Respondee Jim McGee Respondee Title Project Manager Phone 951-736-7600 Email publicworksgallamericanasphalt.com Vendor Type CADIR License # 267073 CADIR Bid Format Electronic Submitted 02/25/2021 1:30 PM (PST) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 244210 Ranking 0 Resq:)oridee C(-)rrrrierIII. ' eBond Contract ID Al t a c 1, "1 it in a ii i t s File Title File Name File Type Non -Collusion Affidavit -All American Asphalt.pdf Non -Collusion Affidavit -All American Asphalt.pdf General Attachments Ownership Affidavit -All American Asphalt.pdf Ownership Affidavit -All American Asphalt.pdf General Attachments Bid Package - All American Asphalt.pdf Bid Package - All American Asphalt.pdf General Attachments Bid Bond - All American Asphalt.pdf Bid Bond - All American Asphalt.pdf General Attachments City Council 22-5 3/16/2021 City of f Ai& I If', yr I `.i RI r cull it,dioI I born 10d o0 0,11Ac=iu i r,, irr I H (71"'N rr) hulrtlnct r, )NiL it 1 .!'.00I'I✓ (I `,..I )r11 2 of d I it tnrhl1 is 2S121 Item Item # Code Section Type Itern description UOM QTY Unit Price Line Total (Response Comment 1 Base Bid hems Unclassified Excavation" CY 10 $540,0 S51400.0000 Yes 000 2 Base Bid hems Variable Cold MITI (4" max.) ° SF 38000 $0.420 $15 960.0000 Yes 3 Base Bid Itlems Cold Mill (2"} ^ SF 121000 $0.220 $26,620. 0000 Yee 4 Base Bid hems AC; Pavement" TN 500 7.90 �$43,500. 0000 Yes 0 5 Base Bid Itlems Asphalt Rubbor Hot Mix (ARHM) " TN 2700 $87.90 $174,000 0000 Yes 00 S Base Bid hems PCC Sidewalk (4")" SF 600 $117,50 $10,500. 0000 Yee 00 7 Base Bid hems PCC Curb & ,utter (A-2-8) wl Curb Drains Repair LF 42 $154,0 $6,468.0000 Yee 000 8 Base Bid Itlems Adjust Manhole Frame and (-'over to Grade EA 5 $1,10 $5,500.0000 Yee 0.0000 9 Base Bid Itlems. Adjust Water Valve Frame and Co— to God. EA 5 $1,00 S5,000.0000 Yoe 0.0000 10 Base Bid Itlems. Adjust Srnvey Monument Frame and Cover to Finished Grade EA 9 $950,0 $8,550.0000 Ye000 11 Base Bid Itlems. Protection Of Surface Utility Frarcnes & Covers. LS 1 $5500,0 $500.0000 Yes 12 Base Bid Itlems. Project Adve rtisoment S lgri EA 2 $1,80 $3,600.0000 Yes 0.0000 13 Bid Alternatives - NOT PART OF BASE BID TOTAL Pavement (Fabric - GLASPAVE 50 SY 9000 $5,370 $48,330. 0000 Yes 14 Bid Alternatives - NOT PART OF BASE BID TOTAL PCC Sidewalk (4") SF 1500 $9,400 $14,100. 0000 Yes 15 Bid Alternatives - NOT PART OF BASE BID TOTAL PCC Curb & Gutter (A-2-8) LF 500 $770,00 S35,000. 0000 Ye00 = The quantity for this bid item is shown for bid cairnpanson only. This bid Item shall not be subject to the "25V limit as stated in Section 3-2 of the Standard Specifications. This did 16 Astaiicir Notes (Per Section 3-2 of Standard Specifications) - NOT item shall not be suubject to the "25 /," limiitl as stated in Section e,a 0 $0.000 $0 0000 Yes part of Base Bid Total CaICUIcti0n 3 2> of the Standard Specifications. The actual anleri. nt for this 0 it-, will be dictated by the aotu.t goanfl6y used, and the Agency reserves the right to increase or decrease the quantity of this it-, ..—dingiy. 17 Aeterick Notes (Per Section 3-2 of Standatal Specifications) - NOT t = This bid item lis considered a Spedalty lterpr per Section ea 0 $0,000 800000 Yes part of Base Bid Total Calculatlan 2 t.2f the Standard Specifications. 0 City Council 22 — 6 3/16/2021 11/(,I h Ai& If', yr I `.I HI jI IIIt,dioI I tlorfi 10d oO 0-,11 Av=iu i (,, W I H (71"'N`B 3) huidII I I'I✓ (I `,..I I «..,quota I rii «<i rh 11 ;:2429 L... li ii i� e i i e i u Section Title Base Bid Items Bid Alternatives - NOT PART OF BASE BID TOTAL Asterick Notes (Per Section 3-2 of Standard Specifications) - NOT part of Base Bid Total Calculation Line Total $ 305,598, 0000 $ 97,430, 0000 $0.0000 Grand Total $403,028,0000 City Council 22 — 7 3/16/2021 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6976 FLOWER STREET REHABILITATION FROM MCFADDEN AVENUE TO IST STREET TOTAL BASE BID (Bid items 1�42)] $ �305,59800 ADD ALTERNATIVE 13 Pavement Fabric - GLASPAVE 50 SY 9000 $5.37 $48,330.00 14 PCC Sidewalk (4") SF 1500 $9.4-0 $14,100.00 15 PCC Curb & Gutter (A-2-8) LF � 00 $70.00 $35,000.00 TOTAL BASE BID + ADD ALTERNATIVET$ 97,430.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications, TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within forty (40) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $2,500 per calendar day. Name of Firm All American Asphalt Signature of BIDDER Title Edward J. Carlson, Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 22-8 3/16/2021 P-2 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6976 FLOWER STREET REHABILITATION FROM MCFADDEN AVENUE TO IS" STREET BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that filial compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm All American Asphalt Signature of BIDDER Tit], Edward J. Carlson, Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) MOLVk 4 LJ Z V'/ 7(e-,; czz n vcj City Council 22-9 3/16/2021 P-3 of P-17 6notary public mother officer completing this certificate verifies only the identity vfthe individual who signed the docurnent to which this certif-icate is attached. and not the truthfulness. accuracv. or validitv of that document. State of California County of Riverside On February 24, 2021 before me, B. Royster, Notary Public Date Here Insert name and Title of the Officer personally appeared B. ROYSTER Notary Public - California Riverside County MY Comm. Expires Oct 26, 2022 . _, _ �j Edward who proved to me on the basis of satisfactory evidence to be the person(s) whose nmme(&) imAa4:eaubonhbed hothe within instrument and acknowledged to me that h executed the same in hinA**r4h*o authorized cupacity(ies), and that by hio/4e44he# signature(s) on the instrument the peroonl or the entity upon behalf ofwhich the pemon(s)acted, executed the instrument. | certify under PENALTY OFPERJURY under the laws ofthe State of California that the forgoing paragraph iotrue and correct. WITNESS m and an icial seal Signature"34�-y _q Place Notary Seal Above Signaturr f Notary Public OPTIONAL Though the information below isnot required by law, bmay prove valuable mperson relying onthe document and could prevent fraudulent removal and reattachment ofthis form manother document. Description ofAttached Document Title mType ofDocumentBidder's Document Date: February 24, 2021 Number ofPages: 8igner(s)Other Than Named Above: None Capacity(imes) Claimed by Signer(s) Signers Name: Edward J. Carlson o|ndividua| XCorporate Officer—Tble(s): Vice President o Partner[ oLimited oGenem| RIGHTTHUMBPRINT oAttorney inFact OF SIGNER oTmstee Top ofthumb here o Other: Signer iuRepresenting: Signer's Name o|ndividmd o Corporate Officer —Titlo(s): oPartner coLimited o Ge oAttorney in Fact oTmstee Signer isRepresenting: City Council 22-10 3/16/2021 AUAMERICAN A S P H A A L L A J1,A E I'\ I CA N A S j, i i,-\ L i ALL AMERICAN, AGc3RE6A-FE'.')' CORPORATE RESOLUTION Resolved, that this Corporation, All American Asphalt, on January 7, 2020 authorizes Edward J. Carlson to execute contracts and agreements on behalf of the company in the capacity of Vice President. Michael Farkas Secretary 1 !0,01! 1A City Council 22-11 3/16/2021 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6976 FLOWER STREET REHABILITATION FROM MCFADDEN AVENUE TO IST STREET CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: All American Asphalt Business Address: 400 East Sixth Street, Corona, CA 92879 Business E-Mail Address: publicworks@allamericanasphalt.com Telephone: (951) 736-7600 State Contractor's License No. and Class: 267073 Class A, C-1 2 License Expiration Date: 1/31/2022 State Dept. of Industrial Relations (DIR) Registration No.: 1000001051 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 06/30/2023 Signed: Title: Edward J. Carlson, Vice President City Council 22-12 3/16/2021 P-4 of P-17 CONTCTORS CSC STATE LICENSE BOARD ACTIVE LICENSE 40 .w 267073 `'_ro CORP 2w�s, ALL AMERICAN ASPHALT ter„ A C 12 01/31/2022 www.cslb.ca.gov City Council 22 — 13 3/16/2021 Contractor Information Legal Entity Name ALL AK4ERDCANASPHALT Legal Entity Type Corporation Status Active Registration Number 1000001051 Registration effective date 7/1/2O2O Registration expiration date 6/3O/2O33 Mailing Address PO BOX2229 CORONA 92878 CA United States — Physical Address 4OOESIXTH 5TCORONA 92879[AUnited State ... Email Address DadeName/DBA UcenseNumber(s) C5LB:267072 C5LB2b7073 |o��| Entity Information _~,�—._ `.`�^ .~ . Corporation Number: 057879 Federal Employment Identification Number: President Name: K4ARKLUER Vice President Name: EDYYARD]CARL5ON Treasurer Name: K4ICHAELFARKAS Secretary Name: MICHAELFARKAS CEO Name: Agent of Service Name: N1ICHAELFARKA5 Agent ofService Mailing Address: 400ESIXTH 5T CORONA 92879CAUnited States ofAmerica Workers Compensation Re{T'��[�1'O� Registration U'��{JpJ History Effective Date Expiration Date 5/11/2018 6/30/20I9 5/8/2017 5/30/2028 5/2/20I6 6/30/2017 6/9/2015 5/30/2016 8/25/2024 6/30/20I5 7/1/2819 6/30/2020 7/1/2020 6/30/2023 City Council 22-14 3/16/2021 Doyou lease employees No through Professional Employer Organization Please provide your current workers compensation insurance information below: PEC) PED PEC) PEC) InformationName Phone Email Insured bvCarrier Policy Holder y4arne:4LLAMERICANASPHALTInsuranceCarrier: ZUkICHAMEkI[ANINSURANCE [0MkANYPo|icyyJurnberVVC5932O57O1Inceptiondate: 7/31/2O19Expiration Date:8/30/2O28 City Council 22-15 3/16/2021 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6976 FLOWER STREET REHABILITATION FROM MCFADDEN AVENUE TO IIT STREET PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, 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. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per them wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per them wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm All American Asphalt - Corporation Signature of BIDDER Title Edward J. Carlson, Vice President (if an individual, so state) City Council 22-16 3/16/2021 P-5 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6976 FLOWER STREET REHABILITATION FROM MCFADDEN AVENUE TO I S" STREET OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SANTA ANA Edward J. Carlson F-1 INDIVIDUAL Fj PARTNERSHIP N�CORPORATION R JOINT VENTURE SS: , being duly sworn, deposes and says: That he/she is the party making the foregoing proposal: That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. That he is of: Vice President of All American Aspahlt a corporation which is making the foregoing proposal: That he is of. one of the parties making the foregoing proposal as a joint venture, and the lie/she has been and is duly vested with the authority to execute instruments for an on behalf ol'the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any mariner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Signatur6of Bieder Edward J. Carlson, Vice Presiden joSubscribed and sworn to before pA , ;0" day of 20 Signature of officer stering Oath (Notary Public) City Council 22-17 3/16/2021 P-6 of P-17 2CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside 71 :� r110 B. ROYSTER Notary Public - California Riverside County Commission # 2260352 My Comm. Expires Oct 26, 2022 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 24 th day of February 2021 Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (and (2) of Signer Prove ,4,teme on the basis of satisfactory evidence be,4K6 person who appeared before me.) Signature Signature of 90tary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document —Ownership Affidavit Document Date: 2-24-2021 Number of Pages: 1 Signer(s) Other Than Named Above: None Top of thumb here City Council 22-18 3/16/2021 Bid Bond No. 08597423 Bid Date: 02/25/2021 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6976 FLOWER STREET REHABILITATION FROM MCFADDEN AVENUE TO IIT STREET KNOW ALL PRESENT that, All American Asphalt as BIDDER, and Fidelity and Deposit Company of Maryland as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal Sum Of Tan Percent of Total Amount Bid------- Do I lars ($ 10% of Bid.--- which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the pat -ties hereto have set their names, titles, hands, and seal this 16th — day of February 2021 BIDDER* All American Asphalt - 400 East Sixth Street, Corona, CA 92879 - (951) 736-7600 . ........ ,Gtola SURETY* Fidelity and Deposit Company of Maryland - 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 A:2 , // David Wei - (213) 270-0600 Williyrkin, Attorney -in -Fact Su scribed and sworn to before me —Please See Attached— this 'day of Signature: Notary Public in and for the County of , State of Provide BIDDER/ SURETY name, address, and telephone number and the name", title', address, and telephone number of authorized representative. P-7 of P-17 City Council 22-19 3/16/2021 A notary public mother officer completing this certificate verifies only the identity of the individual who signed the document mwhich this certificate i^attached. unxnot the truthfulness. ucc mc" orwdidimnfthat domurnznt. State of California County of Riverside On February 19, 2021 before mo, B. Royster, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson whu proved to me on the basis of satisfactory evidence to be the � u.00vsrcn person(s) whose name(s) is/ace subscribed to the within instrument ~ Notary Public 'c^om'n/a � and acknowledged to me that executed the some in Riverside County 5� hioA94thsif authorized copucih'(jes), and that by hioA*e4the* My Comm. Expires Oct 26, 2022 signature(s) on the instrument the poroon(s), or the entity upon behalf ofwhich the pemon(is)acted, executed the instrument. | certify under PENALTY OFPERJURY under the laws ofthe State of California that the forgoing paragraph istrue and correct. WITNESS my Upti and fficial seal. Place Notary Seal Above Signature& Signat���. OPTIONAL Though the information below io not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment n,this form manother document. Description of Attached Document Title orType ofDocument Bid Bond— Citv of Santa Ana Document Date: February 16, 2021 Number nfPages: Signer(e) Other Than Named Above: Coparity(!eG)Claimed bySiQnor(s) Signer's Name: Edward J. Carlson Signer's Name: o|ndividual oIndividual XCorporate Officer —Thle(s): Vice President oPartner ooLimited oGeneral , RIGHT THUMBPRINT oAttorney inFact OF SIGNER oTmstee Top ~ thumb here Signer bRepresenting: oCorpomteOffimv—T@o oPartner L.oLimited . o^nnnnoymrn o/mmno oO�er ,/ Signer is Representing: I City Council 22-20 3/16/2021 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 02/16/2021 before me, Liliana Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin NameKof Signer(* who proved to me on the basis of satisfactory evidence to be the person(* whose name(by is/arm subscribed to the within instrument and acknowledged to me that he/st-te/twy executed the same in his/hex/their authorized capacity(L*, and that by his/hst(their signature(, *on the instrument the person(s), or the entity upon behalf of which the personK acted, executed the instrument, NA G (Z ,)m Notary public fo rnia range Counly Y Commission # 2 3326 Comm. Expire' May 20, 2022 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of otary Public 1�14 Place Notary Seal Above I OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 02116/2021 Number of Pages: One ) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin • Corporate Officer — Title(s): • Partner — 0 Limited El General • Individual EOAttorney in Fact n Trustee 0 Guardian or Conservator [3 Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 11 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: City Council 22-21 3/16/2021 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By - Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 16th day of February —1 2021 - ky�P, ­ % . 100 SEAL By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.rei)ortsfelaii-ns((2),zui-ichiia.coiii 800-626-4577 City Council 22-22 3/16/2021 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I I th day of June, A.D. 2019, s\ lase X :01 SEAL 0. 110 ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretor), State of Maryland County of Baltimore On this I I th day of June, A.D, 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the Preceding instrument, and acknowledged the execution of same, and being by me duly swom, dcposcth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set try hand and affixed my Official Sea( the day and year first above written. Constance A. Dunn, Notary Public 0 My Commission Expires: July 9, 2023 City Council 22-23 3/16/2021 TRACK ANOTHER SHIPMENT 772950717929 ADD NICKNAME Delivered Monday, February 22, 2021 at 9.40 am FROM Corona, CA US Shipment Facts TRACKING NUMBER 772950717929 DELIVERED TO Mailroom TERMS Shipper SHIP DATE 2/19/21(2) Travel History TIME ZONE Local Scan Time Monday, February 22, 2021 9:40 AM SANTA ANA, CA 8:01 AM COSTA MESA, CA Saturday, FebQtY2PAYPCi1 DELIVERED Signed for by: D.HERSCHLEB GET STATUS UPDATES OBTAIN PROOF OF DELIVERY SERVICE FedEx Priority Overnight TOTAL PIECES 1 PACKAGING FedEx Envelope STANDARD TRANSIT 2/22/21 by 10:30 am(!) Delivered On FedEx vehicle for delivery 22-24 TO SANTA ANA, CA US WEIGHT 0.5 lbs / 0.23 kgs TOTAL SHIPMENT WEIGHT 0.5 lbs / 0.23 kgs SPECIAL HANDLING SECTION Deliver Weekday ACTUAL DELIVERY 2/22/21 at 9:40 am 3/16/2021 11:19 AM COSTA MESA, CA At local FedEx facility Package not due for delivery 11:00 AM COSTA MESA, CA At local FedEx facility 8:19 AM COSTA MESA, CA At local FedEx facility 3:57 AM LOS ANGELES, CA At destination sort facility 2:55 AM OAKLAND, CA Departed FedEx location Friday, February 19, 2021 10:59 PM OAKLAND, CA Arrived at FedEx location 8:43 PM ONTARIO, CA Left FedEx origin facility 3:07 PM ONTARIO, CA Picked up 1:13 PM Shipment information sent to FedEx City Council 22 — 25 3/16/2021 CITY OF SANTA ANA PROPOSAL PROJECT NO.:2l'd976 FLOWER STREET REHABILITATION FROM MCFADDEN AVENUE TO aT STREET LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: V2%ofthe bid oo$|0,0O0 whichever iegreater • Buildings, parks, or other projects: V2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department ofIndustrial Relations (JlK). BIDDER proposes tosubcontract certain portions ofthe work tothe fi000listed below: Name NOsubcontractors VV'UbeUsed License #/Ezn. Location Phone Type 0tWork Amount $ Name License #UEzp. DlR Rog.#/Exp. License # Location Phone Type 0fWork Anuount$ Name License #/Bxp. DlRReg. #/8zp. License # Location Phone Type 0fWork Amount $ Signature of BIdder Edward J. Carlson, Vice President Name Liuenae#/Exp. DI]lReg. #/8zp. Location Phone Type 0fWork /\nnount$ Name Uccnsc#/Exp. DIRReg. #/Exp. License # Location Phone Type DfWork &nnouut$ Nmne Liuenmc#/Exp. DIE(Reg.#/6zp. Liceuxo# Location Phone Type OfWork /\000unt$ City Council 22-26 3/16/2021 P-8ofP-l7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6976 FLOWER STREET REHABILITATION FROM MCFADDEN AVENUE TO IIT STREET REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. City of Rancho Cucamonga; 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 Name and Address of Owner. Romeo David; (909) 477-2740 Name and Telephone Number of person familiar with project. $1,130,470.00 Pavement Rehab 07/2017 Contract Amount Type of Work Date Completed 2. City of Moreno Valley - 14177 Fredrick Street, Moreno Valley, CA 92552 Name and Address of owner. Henry Ngo, P.E. (951) 413 - 3106 Name and Telephone Number of person familiar with project. 11/2018 $445,821.50 Street Improvements Contract Amount Type of Work Date Completed 3. County of Ventura; 501 Poli Street, Ventura CA, 93001 Name and Address of owner. Christopher Solis; (805) 654-2054 Name and Telephone Number of person familiar with project. $3,919,808.95 Resurfacing Project 12/2019 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds, Broker Surety: Fidelity and Deposit Company of Maryland; 777 S. Figueroa St. #3900, Los Angeles, CA 90017; 213-270-0600 Insurance: Edgewood Partners Insurance Center; 3633 Inland Empire Suite 640, Ontario, CA 91764; 909-919-7513 City Council 22-27 3/16/2021 P-9 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6976 FLOWER STREET REHABILITATION FROM MCFADDEN AVENUE TO IST STREET ADDITIONAL REFERENCES The following are the uaones, addresses, and telephone nunuhcra for THREE public nRenoice for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. City of Temecula; 41000 Main Street, Temecula, CA 92590 Name and Address of William B Name and Telephone Number of person familiar with project. $2,577,770.00 Road Pavement Rehab 11/2017 Contract Arnount Type of Work Date Completed 2. City of Rolling Hills Estates; 4045 Palos Verdes Drive, Rolling Hills Estate, CA 90274 Name and Address of owner. Scott Gibson; Nam,e and Telephone Number of person familiar with project. $1,203,292.50 Street Resurfacing Project 09/2018 Contract Amount Type of Work Date Completed 3. City VfStanton; 7800 KRteUa Avenue, [|/\90680 Name and Address of owner. Guillermo Perez Name and Telephone Number of person familiar with project. $1'206.869.00 Street Resurfacing 12/2019 Contract Amount 7vp�ofVVnck ' Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends toprocure insurance and bonds. Broker Surety: Fidelity and Deposit Company vf Maryland; rrra.Figueroa St. #aono.Los Angeles, cAonn17;z1n'c7o-O0oo Insurance: Edgewood Partners Insurance Center; 3633 Inland Empire Suite 640, Ontario, CA 91764; 909-919-7513 City Council 22-28 3/16/2021 P-l0ofP-l7 2019 PAST WORK REFERENCE) City of Simi Valley 2929 Tapo Canyon Rd. Simi Valley, CA 93063 Contact: Sarah Sheshebor (805)583-6792 sshesheb(a-)simivalley.org County of Ventura 501 Poli Street Ventura, CA 93001 Contact: Christopher Solis (805) 654-2054 chris.solisOventura.orq City of Stanton 7800 Katella Avenue Stanton, CA. 90680 Contact: Guillermo Perez (714) 890-4204 .qPerezCcD,ci.stanton,ca. us City of Compton 205 S. Willowbrook Avenue Compton, CA. 90220 Contact: John Strictland (310) 605-5505 istrictland acom pton city. org City of San Clemente 910 Calle Negocio San Clemente, CA. 92673 Contact: Darra Koger (949) 361-3138 kogerD(a-)san-clemente.org City of South Gate 8650 California Avenue South Gate, CA. 90280 Contact: John Rico (323) 563-9594 irico(o)sogate.org Simi Valley Minor Street Rehabilitation Contract Amount: $510,124.25 Start Date: 07/2019 End Date: 08/2019 Yerba Buena Area Resurfacing Project Contract Amount: $3,919,808.95 Start Date: 06/2019 End Date: 12/2019 2019 Citywide Street Resurfacing Contract Amount: $1,206,869.00 Start Date: 10/2019 End Date: 12/2019 Road Repair Service (Pothole Repair) Contract Amount: $1,019, 100.00 Start Date: 08/2019 End Date: 11/2019 Street Rehabilitation for S. Avenue LA Esperanza Contract Amount: $384,055.00 Start Date: 09/2019 End Date: 10/2019 Circle Park Driveway Project Contract Amount: $268,576.00 Start Date: 06/2019 End Date: 09/2019 City Council 22-29 3/16/2021 2019 PAST WORK REFERENCE] Pardee Homes 1250 Corona Pointe Court, Ste. 600 Corona, CA. 92879 Contact: Nick Lasher (951) 428-4442 nick.lasherCa )Pardeehomes.com City of Fontana 8353 Sierra Avenue Fontana, CA. 92335 Contact: Kimberly Young (909) 350-7632 kyoung(a-)fontana.org DR Horton 2280 Wardlow Circle Ste. 100 Corona, CA. 92880 Contact: Keith Alex (951) 830-5872 kalex(a-),drhorton.com Irvine Community Development Company 550 Newport Center Dr. Ste. 550 B2 Newport Beach, CA. 92660 Contact: Mike Morse (949) 720-2560 City of Downey 11111 Brookshire Avenue Downey, CA. 90241 Contact: Desi Gutierrez, (562) 904-7110 dqutierr(a-)downeyca.org Railroad Canyon Widening Contract Amount: $5,062,746,00 Start Date: 11/2018 End Time: 08/2019 Citrus Avenue Improvements Contract Amount: $502,730.00 Start Date: 08/2018 End Date: 10/2019 Singlton Road Contract Amount: $1,684,000.00 Start Date: 07/2018 End Date: 12/2019 Portola Springs PA-6 Enclave 513 Phasel, 2 Contract Amount: $2,055,055.00 Start Date: 09/2018 End Date: 12/2019 FY 18/19 Slurry Seal Project Contract Amount: $313,425.87 Start Date: 06/2019 End Date: 12/2019 City Council 22-30 3/16/2021 2019 PAST WORK REFERENCE) City of Chino PO Box 667 Chino, CA. 91708 Contact: Dustin Postovoit (909) 334-3415 apostovoit_acitvofchino. org City of Lancaster 44933 Fern Avenue Lancaster, CA. 93534 Contact: Greg Wilson (661) 570-8003 -qwilson(-a)citvoflancasterca.org City of Colton 650 N. La Cadena Dr. Colton, CA. 92324 Contact: Victor Ortiz (909) 370-5099 vortizC@coltonca.,gov City of Cathedral City 68700 Ave Lalo Guerrero Cathedral City, CA. 92234 Contact: John A. Corella (760) 770-0349 icorella(o-)cathedralcitV.qov City of San Clemente 910 Calle Negocio San Clemente, CA. 92673 Contact: Gary Voborsky (949) 361-6132 voborskvq(c-bsan-clemente.org Slurry Seal Maintenance Work Contract Amount: $372,805.00 Start Date: 1/2019 End Date: 12/2019 2018 Pavement Management Program Contract Amount: $2,720,103.65 Start Date: 3/2019 End Date: 12/2019 FY 18-19 Asphalt Paving Project Contract Amount: $1,377,700.00 Start Date: 3/2019 End Date: 11/2019 Ortega Road Widening Contract Amount: $459,998.00 Start Date: 2/2019 End Date: 12/2019 Arterial Street Pavement Maintenance Contract Amount: $1,187,187.00 Start Date: 3/2019 End Date: 7/2019 City Council 22-31 3/16/2021 City ofMoreno Valley I4177Frederick St. P.O.Box 8Q005 Moreno Valley, D\92G53 City nfAlisoViejo l2Journey Street Ste #l0O A|isoViejo, CA9265G Contact: Mari Shakir, (949)425-2556 City of]urupaValley 8304 Limonite Avenue Suite M ]urupaValley, CA925O9 Contact: Chase Keys, (951)332-6464 City ofIrwindale G050N.Irwindale Avenue Irwindale, CA917OG Contact: Richard Corpis, (626)430-2200 Alessandro Blvd. Street Improvements at [hogaUCourt and Graham Street Contract Amount: $445,821.50 Start:OS/Z018 Cnmp|ete:11/2O18 A|isoCreek and Road Rehab Contract Amount: $657,770.00 Start:O5/2U1Q Complete: 10/2018 Van Buren Blvd. Pavement Rehub.-PH2 Contract Amount: $781,845.00 6tarL:0O/Z01O Comp|ete:O9/2O1O Irwindale 2O17-2OlOResurfacing Project Contract Amount: $285,503.10 Start:O7/702D City Council 22-32 3/16/2021 County of Los Angeles P.O. Box 7508 Alhambra, CA91O02 Cnntact:Hoda Haxsan,(626)45O'3144 City of Rolling Hills Estates 4O45Palos Verdes Drive Rolling Hills Estates, CA9O274 Contact: Scott Gibson (909)210-0548 City ufHuntington Beach ZUOOMain Street Huntington Beach, CA9264O Contact: Jim Escutia(714)536'5525 City ufFontana O35]Sierra Avenue Fontana, CA9Z335 Contact: JazminePena (909)3SO-664O WTIU70109 Pine Canyon Road Contract Amount: $3,288999.00 5tart:O6/2O18 Complete: 11/2018 2O17'lOStreet Resurfacing Project Contract Amount: $1,203,292.50 Start:O3/7O18 Finish: 09/2018 Heil and Main Street Contract Amount: $2,285,562.00 Start:11/2OI7 Finish:06/20l8 Valley Blvd. Median Improvement Project Contract Amount: $164,715.00 Start:O3/3O18 City Council 22-33 3/16/2021 City ofLake Forest Lake Forest, CA 92630 Contact: Taylor Abernathy, (949)461-3490 City ofLa[uinta 74-49SCaUeTampico LeOuinta,CA92253 City ofCanyon Lake 31S1GRailroad Canyon Road Canyon Lake, CA 92587 Contact: Kenneth Bailey, (951)244'29S5 City ofNewport Beach lO0Civic Center Drive Newport Beach, CA9266O Bake Parkway atTrabucoRoad Contract Amount: $122,621.00 Start:O2/2UlQ Finish:O6/2O18 FY1G-17Phase 2Desert Club Contract amount: <Gq7/47475 Start date: O6/2O27 Finish date 12/2017 Slurry Seal FY2017-0l8Railroad Canyon/ Canyon Lake Drive Contract amount: $263,241.63 Start date: O3/2OI8 Finish date: 12/2018 West Coast Highway Landscape Improvements, Phase 1,Contract No. 7lO9-I Contract amount: $604,284.50 Start date: O5/2U1O Finish date: 11/2O19 City Council 22-34 3/16/2021 Town ofApple Valley 14955Dale Evans Parkway Apple Valley, CA923CV City ofIndian Wells 44-950Eldorado Drive Indian Wells, CA9221O Navajo Road Rehabilitation Contract amount: $849182.00 Start date: 07/2O17 Finish date: 1Z/2O17 Cook Street Rubberized Pavement Overlay Contract amount: $599,599.59 Start date: 05/7OI8 Finish date: 12/2O18 City Council 22-35 3/16/2021 11201711 PAST WORK REFERENCES City of Rancho Cucamonga Base Line Rd. Pavement Rehab, 10500 Civic Center Drive Contract Amount: $1,130,470 Rancho Cucamonga, CA 91730 Start: 05/2017 Contact: Romeo David, (909)477-2740 Completed: 07/2017 Romeo. David @citvof rc. us City Of Temecula Margarita Road Pavement 41000 Main Street Rehab Temecula, CA 92590 Contract Amount: $2,577,770 Contact: William Becerra, (951)694-6444 Start: 05/2017 Will.becerra@temecula.gov Completed: 11/2017 Town Of Apple Valley Navajo Road Rehabilitation 14955 Dale Evans Pkwy Contract Amount: $849,182 Apple Valley, CA 92307 Start: 08/2017 Contact: Rich Berger, (760)240-7000 Completed: 11/2017 rberger@applevalley.org City Of Victorville Water Warehouse #1 Paving 14343 Civic Dr. Project Victorville, CA 92392 Contract Amount: $251,008 Contact: Carlos Seanez, (760)955-5162 Start Date: 04/2017 cseanez@victorvilleca.gov Completed: 06/2017 City Of Santee Citywide Slurry Seal & Roadway 10601 Magnolia Ave Building 4 Maintenance 2017 Santee, CA 92071 Contract Amount: $285,061.90 Contact: Toby M. Espinola, P.E., (619)258-4100 Start: 06/2017 tobyespinola@cityofsanteeca.gov Completed: 10/2017 City Council 22-36 3/16/2021 City Of Yucaipa 2015-2016 Micro -Surfacing 34272 Yucaipa Blvd. Program Project No.11043 Yucaipa, CA 92399 Contract Amount: $252,379.06 Contact: John Larose, (909)797-2489 Start: 07/2017 Completed: 08/2017 City Of West Covina Residential Street Rehabilitation Eclipse Way & Jennifer PI SP 17038 West Covina, CA 91792 Contract Amount: $469,960.70 Contact: Hany Demitri, (626)939-8445 Start: 05/01/17 Hany.Demitri@westcovina.gov Completed: 06/09/2017 City Of Highland 2015-16 CDBG Streets Pavement McKinley Ave & 91h St Improvements San Bernardino, CA 92410 Contract Amount: $823,389.68 Contact Name: Carlos Zamano, (909)864-8732 Start: 06/05/17 czamano@cityofhighland.org Completed: 10/13/17 County Of Riverside Gilman Springs 2950 Washington Street Contract Amount: $1,662,671.20 Riverside, CA 92504 Start: 11/2016 Contact Name: Justin Robbins, (951)955-6885 Completed: 08/2017 JROBBINS@rctlma,org City Of Palm Springs Taxiway J Rehabilitation 3400 E. Tahquitz Cyn Way Ste I Contract Amount: $291,482.99 Palm Springs, CA 92262 Start: 09/2017 Contact Name: Robert Denning, (541)324-7321 Completed: 10/2017 Robert.denninRCcDaecom.com City Council 22-37 3/16/2021 County Of Orange P.O. Box 4048 Santa Ana, CA 27074 Contact Name: Rick Cathay, (949)252-5171 RCathey@ocair.com Pavement Maintenance and Repair Contract Amount: $3,115,000.00 Start: 08/2016 Completed: 12/2017 City Of Anaheim Santa Ana Streets from Claudia to 200 S. Anaheim Blvd. Claudia Anaheim, CA 92805 Contract Amount: $589,270.00 Contact Name: Bob Palaeologus, (562)879-3602 Start: 06/2016 rpalaeologus@simplusmanagement.com Completed: 12/2017 City Council 22-38 3/16/2021 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6976 FLOWER STREET REHABILITATION FROM MCFADDEN AVENUE TO Is" STREET NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Edward J�Carlsofi, Vice President State of California County of Riverside Subscribed and sworn to (or affirmed) , proved to person(s) who appeared before me . Notary Public Si Mf-this _ day of _, 20_, by basis of satisfactory evidence to be the Notary Public Sea] City Council 22-39 3/16/2021 P-1 I of P-17 2CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside B.ROYSTER Notary Public California Riverside County it Commission 226035Z My Comm. Expires Oct 2LZ0J22 Place Notary Sea] Above Subscribed and sworn to (or affirmed) before me on this 24t' day of February 2021 Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (2) (and _',,.NatY16 of Signer Prove .Ao­ me on the basis of satisfactory evidence be e person who appeared before me.) Signature Signature offlotary Public I OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document —Non-Collusion Affidavit Document Date: 2-24-2021 Number of Pages: 1 Signer(s) Other Than Named Above: None Top of thumb here Top of thumb here City Council 22-40 3/16/2021 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 21-6976 FLOWER STREET REHABILITATION FROM MCFADDEN AVENUE TO Is" STREET NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City Council 22-41 3/16/2021 P-12 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6976 FLOWER STREET REHABILITATION FROM MCFADDEN AVENUE TO 1ST STREET 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: . .. . ... .......... - Title: Edward J. Carlson, Vice President Firm: All American Asphalt Date: Z o2-(-( IZU'2- City Council 22-42 3/16/2021 P-13 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6976 FLOWER STREET REHABILITATION FROM MCFADDEN AVENUE TO I"' STREET STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council, Signed: Title: Edward J. Carlson, Vice President Firm: All American Asphalt Date: 2 1 ( I City Council 22-43 3/16/2021 P-14 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6976 FLOWER STREET REHABILITATION FROM MCFADDEN AVENUE TO IST STREET STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Title: Edward J. Carlson, Vice President Firm: All American Asphalt Date: 2 1,2,1 (-Z C, z City Council 22-44 3/16/2021 P-15 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6976 FLOWER STREET REHABILITATION FROM MCFADDEN AVENUE TO I ST STREET PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No V If the answer is yes, explain the circumstances in the following space. City Council 22-45 3/16/2021 P-16 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6976 FLOWER STREET REHABILITATION FROM MCFADDEN AVENUE TO IST STREET STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: http://www.santa-ana.oriz/pwa/documents/CWA.pdf The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 7-5a and the Notice of Inviting Bids, Signed: Title: Edward J. Carlson, Vice President Firm: All American Asr)halt Date: 1 1 /ZC -Z- ( City Council 22-46 3/16/2021 P-17 of P-17 MAYOR Vicente Sarmiento MAYOR PRO TEM David Penaloza COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza * P.O. Box 1988 Santa Ana, California 92702 www.santa-ana,org February 11, 2021 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez SUBJECT: Project No, 21-6976: FLOWER STREET REHABILITATION FROM MCFADDEN AVENUE TO 1ST STREET The following changes/revisions/clarifications have been made to the specifications for the subject project: Specifications Special Provisions: Section 2.0 Traffic Signing & Striping: Replace, as attached. All other terms and conditions remain the same. FOR THE CITY, SANTAANA Edwin "William" �WVi City Engineer Public Works Agency SANTA ANA CITY COUNCIL Vicente Sarmiento David Penalon Thai Viet Phan Jessie Lopez Phil Bacerm Johnathan Ryan Hernandez Nelda Mendoza Mayor PTom. Ward 2 Ward 1 Word I Ward 4 Ward 5 Ward 6 vearmient=Pro to-orwora degnitI292n3anla-ana o!n 1phanAsanta-ang.om tossiqlgp2z".n la-ana,Qrq 2baggrraAsan1a-,ama.om 1fvanhernozAsanla-;ma.om QmMndojaAsltala-ana.or City Council 22-47 3/16/2021 CITY OF SANTA ANA CONSTRUCTION CONTRACT EXHIBIT 3 PROJECT 21-6976 FLOWER STREET REHABILITATION FROM MCFADDEN AVENUE TO I ST STREET This CONSTRUCTION CONTRACT is made and entered into this 16 1h day of March, 2021 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and All American Asphalt. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Flower Street Rehabilitation from McFadden Avenue to I" Street Project (hereinafter referred to as the ``WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Three Hundred Five Thousand Five Hundred Ninety -Eight Dollars and No Cents ($305,598.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. City Council 22-48 3/16/2021 rev. 09/01/2017 Page] of 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. S. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; City Council 22 — 49 3/16/2021 Page 2 of 3 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JK IN PUNK Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: All American Asphalt NAME: Edward J. Carlson TITLE: Vice President City Council 22-50 3/16/2021 Page 3 of 3 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 21-6976: FLOWER STREET REHABILITATION FROM MCFADDEN AVENUE TO 1ST STREET Construction Contract $ 305,598.00 Contract Administration $ 26,430.00 Inspection and Testing $ 34,690.00 Contingencies $ 281,282.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 648,000.00 City Council 22 — 51 3/16/2021 Planning and Building Agency https://www.santa-ana.org/pb Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: Approve an Amendment to the Agreement with SLS Property Solutions, Inc. AGENDA TITLE: Approve an Amendment to the Agreement with SLS Property Solutions, Inc., to increase the Agreement amount by $160,000 for a total of $205,000, to extend the term to June 30, 2022, and to add a one-year renewal option ending on June 30, 2023. RECOMMENDED ACTION Authorize the City Manager to execute an agreement amendment with SLS Property Solutions, Inc., for property nuisance abatement services to increase the agreement amount by $160,000 for a total of $205,000, to extend the term of the agreement to June 30, 2022, and to add a one-year renewal option ending on June 30, 2023, exercisable by the City Manager subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On July 11, 2018, the City issued an RFP (18-060) for Board -Up Services. Four proposals were received and reviewed by Code Enforcement staff and based on the final scores, the three most qualified and responsive vendors were recommended to the City Council. On August 21, 2018, the City Council authorized the City to enter into a service agreement with the three recommended vendors: Mariposa Landscape, Inc., Real Estate Consulting Services, Inc., and SLS Property Solutions, Inc., for the aggregated amount of $45,000 over a three year term ending on June 30, 2021. Of the three vendors, only SLS Property Solutions (SLS) and Real Estate Consulting Services, Inc., executed a service agreement with the City. Buildings and properties which are determined have dangerous conditions as defined Under the California Health and Safety Code, the Uniform Building Code, the International Property Maintenance Code, and the Santa Ana Municipal Code (SAMC) may be declared to be public nuisances and may be mandated to abate through repair, rehabilitation, demolition, or removal. Clear examples of hazardous or nuisance conditions include unsecured and vacant structures, vacant properties, unfenced vacant parcels with overgrown vegetation, trash and debris left on a property, swimming pools without adequate protective fencing, and other hazardous conditions as defined by the California Health and Safety Code (Section 17920.3) which create imminent danger, City Council 23 — 1 3/16/2021 Approve an Amendment to the Agreement with SLS Property Solutions, Inc. March 16, 2021 Page 2 extreme blighted conditions, or present a threat to life, health, property, or safety of the public. These substandard and dangerous conditions also attract graffiti and transient activities. Overgrown vegetation, trash, and abandoned swimming pools can become a breeding ground for rodents and insects, and in the case of a swimming pool, a drowning risk as well. When an inspection confirms one or more of such hazardous conditions, the Code Enforcement Officer issues the property owner a Notice and Order to correct within a specified time -period. In cases where the owner does not remedy the hazardous condition(s) within the timeframe identified on the Notice and Order, the City may take all necessary actions to abate the nuisance conditions and secure the property. In these situations, the City contacts each of the two vendors to obtain service estimates to complete the abatement work on the City's behalf. Employing third party contractors to abate nuisance properties increases enforcement efficiency and effectiveness and provides a comprehensive abatement process within the Code Enforcement Division. Out of the two service providers that executed a service contract with the City, SLS has been the only responsive, effective, and reliable provider in providing timely abatement services. Section 62 of Chapter 17 of the SAMC holds property owners responsible for all abatement costs and administrative fees incurred by the City associated with the abatement process. After being billed by the City, if the property owner does not reimburse the City in a timely manner, the total amount of associated costs will be referred to the Orange County Tax Assessor for recording as a lien on the property. Upon receipt of reimbursements, funds will be deposited in the Special Repair and Demolition Fund (No. 12116002- 53507). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds will be recorded in account Nos. 01116540-62300 and 12116540-62300, and will be made available from FY 2021-2023 contingent upon annual budget approval. The fiscal year breakdown is an estimate and the actual amounts per year may vary depending upon project needs. City Council 23 — 2 3/16/2021 Approve an Amendment to the Agreement with SLS Property Solutions, Inc. March 16, 2021 Page 3 Fiscal Accounting Unit Fund Accounting Unit, Account Amount Year Description Description 01116540 -62300 General Fund PLNG & BLG AGY — Code $ 18,000 FY2020- Enforcement Contract 21 12116540-62300 Special Fund PLNG & BLG AGY-Special 12,000 Repair and Demolition Fund 01116540 -62300 General Fund PLNG & BLG AGY — Code $ 35,000 FY2021- Enforcement Contract 22 12116540-62300 Special Fund PLNG & BLG AGY-Special 30,000 Repair and Demolition Fund 01116540 -62300 General Fund PLNG & BLG AGY — Code $ 35 000 FY2022- Enforcement Contract 23 12116540-62300 Special Fund PLNG & BLG AGY-Special 30,000 Repair and Demolition Fund TOTAL $ 160,000 Section 62 of Chapter 17 of the SAMC states property owners are responsible for reimbursement to the City for all abatement costs and administrative fees. Upon receipt of reimbursements, funds will be deposited in the Special Repair and Demolition Fund (No. 12116002-53507). Furthermore, if the City is not reimbursed by the property owner in a timely manner after abatement services are provided, the total amount of associated costs will be referred to the Orange County Tax Assessor for recording as a lien on the property. EXHIBIT(S) 1. First Amendment to Agreement with SLS Property Solutions, Inc. Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 23 — 3 3/16/2021 EXHIBIT 1 FIRST ANIENlY.NIEN T TO AGRE Ei4IEN T WITH SLS PROPERTY SOLUTIONS TO PROVIDE ON -CALL %*VEED RL)OOVAL, RUBBISH ABATEMENT, AND BOARD -UP SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on March 16, 2021. by and between SLS Property Solutions. Inc., a California corporation ("Consultant"), an4 the City of Santa Ana, a charter city and municipal corporation organized and existing tinder the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2018-184, dated August 21, 2018, by which Consultant agreed to provide weed removal. rubbish abatement. and board -up services ("`Agreement"). The term oft e Agreement continues through June 30. 2021, and is current and in effect. B. Consultant was one of three selected vendors to provide on -call services at a fixed amount over a three year period. During the initial term of the Agreement. Consultant provided consistent, effective, and reliable services to the City. C. The parties wish to amend the Agreement to extend the term of the Agreement. provide an optional extension period for the term of the Agreement. and increase the overall amount to be expended under the Agreement in consideration of the extended term and remove tile fixed amount during the current term of this Agreement. The Parties therefore agree: Section 2.a., Compensation, is amended to increase the overall compensation to the Consultant by $160,000. The total amount to be expended during the term of the Agreement shall not exceed $205.000. Parties agree that costs for services beginning July 1. 202 1, shall reflect the rates and charges as detailed in Exhibit B-I to this First Amendment to the Agreement. 2. Section 3, Term, is amended to extend the term of the Agreement until June 30, 2022, with the option for the City to grant up to a one (1) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with the terms of the Agreement. 3 Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. I �Ul City Council 23-4 3/16/2021 IN W ITN FS S W I I [I IZ fI,I 0 [" . thc parties hereto ha've executed this First Amendinent to the Agyreement on the, date and year first written above. ATTEIST D"'lisv Gomez Cferla of the C.,ouncil APPROVED AS TO FORM Sonia 1�. Carvalho City Attorney By- ICYarl Yj�,dge 'mt city Attornev Assislo,� CITY OF SANTA ANA Krisflne, I�idge ChN, Manager CONSULTANT 13y:'Sarah L, Strader Title President Page 2 of'2 City Council 23-5 3/16/2021 Exhibit 13-1 to I st Arriendnient Section 5 - Rate and Service Structure - items a) through i) are priced per the Attachments 1, Scope of Work of the RFP 18-060 Tota� a) Board up cost ist standard window . . ............ - 9 0-.1-2 (1) each additional window thereafter $167 97 .............. $190.1 1 (1) �each additional door thereafter $16T9 C) board up cost of a garage - our pricing assumes a single car garage (8' wide by Ttall) roll up door and windows e) Chain and lock fee (3' of 5/16 galvanized chain nd one combination lock) f) weed, abatement service: includes mow, hand weed, abatement, blow off sidewalks, e ging and handwork of perimeter, disposal etc (p arily neglected residental property) per hou rate f weed .bat�r' e'nt service: includes mow, hand weed, abatement, blow off sidewalks, edging and handwork of perimeter, disposal etc (primarily neglected residental property) flat rate per of parcel. Minimum charge of $128.00 per parcel/lot g) Debris removal service: cost per ton, I ncudes clean-up debris by hand, disposal (no heavy equipment) $508.29 h) Travel Charge per hour ..... . ..... . . ...... ......... $148.12 1) After hour charge per hour City Council 23-6 3/16/2021 Library https://www.santa-ana.org/library Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: Radio Frequency Identification System at the Library AGENDA TITLE: Approve an agreement with Invengo American Corp for a Radio Frequency Identification system at Main and Newhope Branch Library for a total amount not to exceed $82,284.94 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Invengo American Corp for a term of March 16, 2021 to March 15, 2024 for an Radio Frequency Identification (RFID) system to include a tagging project of all library materials and for the purchase of two self - checkout kiosks, eight Circulation Assistant pads, and four security gates at the Main and Newhope Branch Libraries for $72,280.54, a two-year software and hardware service support plan for $7,016, and a contingency fund for additional RFID tags or any services/equipment needs for $2,988.40, for a total amount not to exceed $82,284.94 to be funded by the General Fund, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Library currently uses a barcode and electromagnetic (EM) system in all library materials and equipment. This system relies on outdated sensitizing and desensitizing stations along with electromagnetic sensing security gates for inventory control. The Library's existing EM-Based equipment is antiquated, inefficient and out of warranty. It is expensive to repair due to poor condition, age, and the lack of a service contract. The new standard for modern public libraries utilizes a Radio Frequency Identification (RFID) system. The advancements of RFID provide significant opportunities for the Library to improve services by offering self-service options for patrons, especially during COVID-19. RFID also greatly improves customer service to Santa Ana residents by reducing checkout times at public service counters, and provides more accurate statistics relating to patron usage. RFID has also proven to be the industry standard in providing inventory control for libraries by acting as a "smart" barcode that can be programmed to hold more information than a regular barcode, including detailed data about library materials and City Council 24 — 1 3/16/2021 Agreement with Invengo American Corp for a Radio Frequency Identification System March 16, 2021 Page 2 their usage. RFID tags also act as a security chip that can be activated/deactivated when items are checked out/checked in. The current RFID project consists of adding tags (in essence computer chips) to all existing library materials such as books and audiovisual materials. These tags work in conjunction with the new security gates to allow the Library to track statistics relating to circulation of materials, foot traffic, along with monitoring the occupancy inside the buildings in real time. The self -checkout kiosks provide residents with a contactless service experience, while reducing the number of staff members involved in patron transactions. Additionally, the Circulation Assistant pads will allow staff to check out multiple items in one single transaction, without scanning individual item barcodes. This saves considerable staff time to focus on providing other services or programs to the community. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The City of San Leandro's contract with Invengo American Corp for RFID conversation project, self -checkout kiosks, and gates was awarded as a result of open, competitive bidding, and meets the City's requirement. FISCAL IMPACT Funds are available and budgeted in the following accounts for the specified year: Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account # Description Description FY 20-21 01111190- General Library -Contractual $7,016 62300 Fund Services -Professional FY 20-21 01111190- General Library -Machinery & $75,268.94 66400 Fund Equipment EXHIBIT(S) 1. Agreement Submitted By: Lisa Rudloff, Executive Director of Parks, Recreation and Community Services Approved By: Kristine Ridge, City Manager City Council 24 — 2 3/16/2021 Exhibit 1 AGREEMENT WITH INVENGO AMERICA CORPORATION DOING BUSINESS AS FE TECHNOLOGIES FOR RFID CONVERSION FOR THE SANTA ANA PUBLIC LIBRARY THIS AGREEMENT is made and entered into this 16th day of March, 2021 by and between Invengo America Corporation, a Texas corporation doing business as FE Technologies. ("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"). City and Consultant are also collectively referred to herein as "the Parties." RECITALS A. City desires to hire a Consultant to convert the Library circulation system to RFID technology. In addition, the City is looking to purchase hardware needed to operate the system including two (2) self -check-out kiosks, eight (8) circulation assistant pads, and four (4) security gates. The conversion would also include training and support for the new system. B. Consultant submitted a proposal for RFID conversion in response to a Request for Proposal ("RFP") issued by the City of San Leandro ("San Leandro.") City is piggybacking on San Leandro's RFP process as authorized by Santa Ana Municipal Code Section 2-807(d). C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Consultant shall perform the services that are described in Exhibit A including RFID conversion of the Library system with two (2) self -check-out kiosks, eight (8) circulation assistant pads, installation of four (4) security gates, and training and technical support as outlined in Consultant's proposal dated February 10, 2021 and incorporated by reference as though fully set forth herein. b. Consultant's terms and conditions in Exhibit B are incorporated by reference with the exception of items #c, d and g, wherein the City has 45 days to pay all invoices instead of 30 days. Where this Agreement contradicts any term or condition in Exhibit B, this Agreement shall be controlling. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The total amount authorized during City Council 24 — 3 3/16/2021 Exhibit 1 the term of this Agreement shall not exceed $82,284.94 consisting of the RFID conversion and equipment to utilize the new technology of $72,280.54; two (2) year software and hardware service support plan for $7,016 for the last two years of the Agreement; and a contingency for additional RFID tags and unexpected occurrences of $2,988.40 to be used at the City's sole discretion. b. City shall pay 50% of the conversion and equipment costs prior to the start of the conversion upon receipt of a proper invoice and shall pay the remaining 50% of the conversion and equipment costs within forty-five (45) days of the date that the Parties agree that the conversion process is complete and hardware installed and upon City's receipt of a proper invoice for the balance. City will be invoiced separately for the software and hardware service support plan and any use of contingency funds. c. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work, which fails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by City. UEENNYWRLTI-1 This Agreement shall commence on March 16, 2021 for a three (3) year term until March 15, 2024, 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 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 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. RESERVED 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act City Council 24 — 4 3/16/2021 Exhibit 1 or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $2,000,000 per occurrence, with $4,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. City Council 24 — 5 3/16/2021 Exhibit 1 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. City Council 24 — 6 3/16/2021 Exhibit 1 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. DISCRIMINATION Provider 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. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. City Council 24 — 7 3/16/2021 Exhibit 1 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the fact that payment need not be made for work, which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. City Council 24 — 8 3/16/2021 Exhibit 1 19. 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. This Agreement may be signed in counter parts and by electronic signatures. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Library Services Agency Attention: Executive Director City of Santa Ana 20 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 Invengo America Corp. dba FE Technologies 536 Silicon Drive, Suite 100 Southlake, TX 76092 Melanienfetechgroub.com City Council 24 — 9 3/16/2021 Exhibit 1 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez, CMC Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: X"aul�- A. Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: Brian Sternberg Executive Director Library Services CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: By: Sc ge Title: VP of Sales -US City Council 24 — 10 3/16/2021 Exhibit 1 EXHIBIT A SCOPE OF SERVICES City Council 24 — 11 3/16/2021 Exhibit 1 EXHIBIT A: SCOPE OF SERVICES RFID Conversion Service Invengo American Corp will provide the following equipment and supplies: RFID Tags • 187,000 RFID Book Tags • 19,000 RFID AV Tags Mobile Retrospective Encoders (Trolley) • 2 (two) Mobile Retrospective Encoders rented during the 3-month conversion process. Santa Ana Public Library will manage all aspects of staffing for the RFID conversion service, including hiring, training, scheduling supervising, and quality control of the work product. The Invengo American Corp RFID Project Manager will provide the Santa Ana Public Library a tagging and conversion plan covering the 2 (two) library facilities including the hours, days, and dates when the conversation will occur at least 60 days prior to the start of the conversion process. The conversion plan will include training for weekly quality control checks on the conversion work product. The tagging and conversion process will require up to 90 days. Hardware Specifications: The Invengo American Corp Installation Team (i.e., Technical Support Officers) is responsible for installing and commissioning the RFID equipment on site. Staff Workstations, "Circulation Assistants" All Circulation Assistants will be the "Shielded Standard Kit", a high-powered, shielded device for multiple item processing in as small area at either Circulation/Service Desks or at a Technical Services/Circulation Staff Workstation. "Designer Clear" Security Gates o Main Library — 2 (two) Security Gates. o Branch Library — 2 (two) Security Gates. V5 Self Check Machines • Desk Top Machines o Main Library— 1 (one) V5 o Branch —1 (one) V5 City Council 24 — 12 3/16/2021 Exhibit 1 Application Software The Invengo American Corp Installation Team (i.e., Technical Support Officers) is responsible for installing and commissioning the RFID equipment on site. The installer is responsible for the software installation and integration with Santa Ana Public Library's ILS, TLC utilizing SIP2 including the following: All equipment comes with its own specially designed software to incorporate all hardware (detection systems, staff station readers, patron self -check stations, portable handheld readers), RFID tags, and any other RFID-related hardware into the system. • Circulation Assistant Software o Sufficient licenses to coverall appropriate hardware described in the "Hardware Specifications" section above. • The Management Console software used to configure the RFID equipment, including: o Management Console Reports o Library Live Reports o Sufficient licenses to coverall appropriate hardware described in the "Hardware Specifications" section above. RFID Tag Encoding Software: Invengo American Corp will supply it's RFID Tag Encoding software to vendors which provide material, print and audio visual, to the Santa Ana Public Library for the purpose of allowing these companies to present new books to Santa Ana Public Library with encoded (and printed if required) RFID tags. All software will be tested by Invengo American Corp's Software Installers with Invengo American Corp's own ILS response testing software to ensure each ILS message is translated appropriately by the software. Hardware is delivered and installed by Invengo American Corp's Installation Team, which includes RFID experts, familiar with RFID-specific exclusion zones and placement guidelines, and qualified electricians. Software is tested by Invengo American Corp's Software Installers with FE Technologies' own ILS response testing software to ensure each ILS message is translated appropriately by the software. Installation: Invengo American Corp will perform all installation and testing work related to the RIFD equipment, and all maintenance and support work ongoing. The Invengo American Corp Project Manager/Installer will conduct a site audit of all Santa Ana Library facilities: the Main Library, the Branch Library. The Invengo American Corp Project Manager will identify and document any installation issues and special requirements for the Invengo American Corp Installation team, including Hardware and Software installers. The Invengo American Corp Project Manager will complete all pre- Installation paperwork and checklists to document and ensure that the necessary IT configuration is conducted, and that power and data points are adequate and tested at all Santa Ana Library facilities. City Council 24 — 13 3/16/2021 Exhibit 1 Invengo American Corp will conduct the delivery and installation of the RFID equipment. Hardware will be delivered, installed, tested, and commissioned by the Invengo American Corp Installation Team, which includes RFID experts and qualified electricians who are familiar with RFID-specific exclusion zones and placement guidelines. Invengo American Corp will manage all delivery logistics including delivering and placing all RFID equipment right into installation sites: The Main Library and the Branch Library The Invengo American Corp Installation Team will be responsible for the software installation and integration via SIP2 with the Santa Ana Public Library's ILS: TLC The Invengo American Corp Software Installers will test all software with their own ILS response testing software to ensure each ILS message is translated appropriately by the software. Invengo American Corp will also provide the following services during the installation process: • Pre -Install Testing Demo Self Loan Station o A self -loan station will be set up in the Main Library a month before the go live date. This allows the Santa Ana Library to test all the different permutations to find any weaknesses of the system and business processes. It also allows the SIP2 to be set up ahead of time and to ensure any 'unfriendly' message from the ILS can either be corrected at the ILS or on the translation tables on the self -loan station. Placing a Software Support Person on standby on Go Live Date o In the event of there being any last-minute changes that were missed during the testing period Invengo American Corp will place a software support team member either onsite or on standby remotely (with remote access to all equipment) that allows Invengo American Corp to make any changes as fast as possible to ensure the go live is a good experience. Training Training on the hardware and software will be conducted before the Santa Ana Library goes live and after the equipment has been installed with relevant staff at the library, aimed at maximizing usage of the equipment, reducing staff "touches" of items, ensuring staff and public safety, and coaching staff on how to encourage patron use of the system. The training will be conducted after hardware installation, on "live" equipment to give staff a real understanding of the functions of each product. Training will be hands-on with staff given the opportunity to use all equipment and try all different functions including: • Self -Loan Station — This session covers the steps that patrons take to conduct a transaction, and includes a run-through of all available transactions, error messages, City Council 24 — 14 3/16/2021 Exhibit 1 receipt options, payment options (if applicable) and DVD unlocking method. This session also covers the administration functions of the Self Loan Station which are accessed via a staff administrator's card, and includes encoding tags, tag info viewer, machine restart/shutdown, receipt paper changing and reprint receipt. A troubleshooting session is included, and this covers when and how to lodge a Work Ticket for support/assistance from Invengo Technology Corp. Circulation Assistant — This session covers all the functions of the Circulation Assistant — multiple item check in and check out, exception handling, how to synchronize the application, encoding tags, checking tags, pinning or hiding the application and trouble- shooting. Security Gates — An explanation of how the security gates work, emphasizing their effectiveness and the fact that the Invengo American Corp system does not produce "false alarms" in order to give confidence to staff that when the alarm sounds, it is because an item has been removed that has not first been checked out. This session covers the data logger and how to view items that have alarmed the gates, along with people counter functionality and a brief overview of the people counter reports. The Invengo American Corp trainer will conduct staff training sessions for staff in group sizes convenient to the library, ensuring that staff coverage is always sufficient in other areas of the library. Detailed, easy to follow training manuals will be provided for each product. The manuals are free and are downloadable in PDF format via the Invengo American Corp User Group Website. They contain informative and instructive diagrams, screenshots, and photos, and are designed so that staff can refer to items when required when working with the new equipment. Invengo American Corp will provide Technical Training specifically designated for the Information Technology Division staff. Invengo American Corp will also provide Technical Training on the Management console, intended for staff from both the Library and Information Technology Division who will act as system administrations, to include the following topics: • User access levels • Dashboard and monitoring the status of the equipment. • Designing groups of equipment, branches, etc. • Configuration — changing the GUI, changing the workflows (transactions steps), changing advertisement screens, changing the SIP2 translations, individual product configuration, data and encoding standards, etc. • Reporting — how to produce reports, the different reports available, how to configure a reporting timeframe. • Troubleshooting, including when and how to lodge a Work Ticket for Invengo American Corp Support. A Training Survey is distributed to all participants in both training sessions at the end which is a quality assurance check and will be used to identify any gaps or issues with the training described City Council 24 — 15 3/16/2021 Exhibit 1 above and to fill in any gaps in training for Santa Ana Library staff and the City of Santa Ana IT staff with additional training. Service & Support Santa Ana Public Library shall be able to request service using a toll -free number and a web - based customer service portal provided by Invengo American Corp. Work Tickets are logged and are allocated a level of urgency. Work Tickets will be acknowledged within 1 (one) hour of logging. A Technical Support Officer (TSO) will either acknowledge an online ticket in the ticket itself or will telephone the Library directly. If a machine is experiencing downtime, it will be escalated to the top tier of urgency. because an item has been removed that has not first been checked out. This session covers the data logger and how to view items that have alarmed the gates, along with people counter functionality and a brief overview of the people counter reports. The Invengo American Corp trainer will conduct staff training sessions for staff in group sizes convenient to the library, ensuring that staff coverage is always sufficient in other areas of the library. Detailed, easy to follow training manuals will be provided for each product. The manuals are free and are downloadable in PDF format via the Invengo American Corp User Group Website. They contain informative and instructive diagrams, screenshots, and photos, and are designed so that staff can refer to items when required when working with the new equipment. Invengo American Corp will provide Technical Training specifically designated for the Information Technology Division staff. Invengo American Corp will also provide Technical Training on the Management console, intended for staff from both the Library and Information Technology Division who will act as system administrations, to include the following topics: • User access levels • Dashboard and monitoring the status of the equipment. • Designing groups of equipment, branches, etc. • Configuration — changing the GUI, changing the workflows (transactions steps), changing advertisement screens, changing the SIP2 translations, individual product configuration, data and encoding standards, etc. • Reporting — how to produce reports, the different reports available, how to configure a reporting timeframe. • Troubleshooting, including when and how to lodge a Work Ticket for Invengo American Corp Support. A Training Survey is distributed to all participants in both training sessions at the end which is a City Council 24 — 16 3/16/2021 Exhibit 1 quality assurance check and will be used to identify any gaps or issues with the training described above and to fill in any gaps in training for Santa Ana Library staff and the City of Santa Ana IT staff with additional training. City Council 24 — 17 3/16/2021 Exhibit 1 Following the acknowledgement of a logged issue ticket, the Technical Support Team will then have 8 (eight) business hours, from 0900 to 1700 PST, seven days a week, to analyze the issue and attempt to resolve it. If the problem cannot be resolved bytelephone, the Technical Support Officer will access the equipment via a remote access program, 'GoToAssist' or a City of Santa Ana approved method. If the problem has been classified as involving downtime to a machine Invengo American Corp's Technical Support Team will remote into the machine within 4 (four) hours of the problem being logged. Otherwise, Invengo Technology Corp's Technical Support Team will remote in within 8 hours of the problem being logged. If the Technical Support Team determines that the problem is hardware related, Invengo American Corp will arrange forthe parts to be delivered to the Library ASAP by deliveryservice or by Invengo American Corp's support partner Fujitsu in the instance of a part swap -out required with an onsite visit. If a technician is required to install the part, an Invengo American Corp Technician will be onsite within 8 (eight) working hours, from 0900to 1700 PST, seven days a week, from the determination that an onsite visit is required and the part is available through Invengo American Corp's support partner Fujitsu OR within 8 working hours, from 0900 to 1700 PST, seven days a week, from the determination that an onsite visit is required and the Library acknowledging that the part(s) have been received via a delivery service from Invengo American Corp. Problems that are not resolved within the timeframes described above will be escalated to the Support Manager for resolution. The cost of support is included in Invengo American Corp's Warranty and Support Agreement and is free of charge for the first year. Weekend onsite support is charged at an additional 40% of the quoted Extended Warranty. Web Support: o The City of Santa Ana will have access to Invengo American Corp's Service Portal including access to: ■ Tiered access to lodge work tickets instantly. Administrator level has access to all Work Tickets for all branches; standard access gives library staff access to their branch only. ■ Ability to classify severity of problem (experiencing downtime, for example). ■ Ability to upload files, screenshots, reports, images etc. ■ Knowledge -base — online access to User Guides, issue resolution tips and guidelines, common issues, etc. • Authorized Service Technicians o In the instance of a part swap -out required with an onsite visit, Invengo American Corp's support partner Fujitsu will attend the site. City Council 24 — 18 3/16/2021 Exhibit 1 o Invengo American Corp's support partner Fujitsu has several staff dedicated to working with Invengo American Corp customers in the region. Hot swappable spares are kept with Fujitsu to ensure immediate availability of vital parts. o Invengo American Corp will measure and monitor Fujitsu's performance against their Service Level Agreement (SLA) and ensure that the response times described above are adhered to by Fujitsu. Warranty and Support Agreement • Introduction o Invengo American Corp provides a comprehensive warranty against defects in materials and workmanship for all Invengo American Corp Library RFID equipment and software. Should any equipment or software supplied as part of the Library RFID system develop a fault, Invengo American Corp or its contracted field service agent/s will repair or replace the equipment or software via remote access or onsite visit. The warranty covers only those defects that arise during the normal use of the equipment or software. It does not cover the misuse, deliberately or otherwise of the equipment, or unauthorized modification of the hardware or software. 0 Definition o The term "technician" refers to an Invengo American Corp Technical Support Officer or third -party agent. Warranty Commencement Date o The commencement of the warranty period is no more than 120 days after delivery to the installation site. The standard warranty period is 12 months from the commencement date. There is no cost for the standard warranty. • Extended Warranty o Extended warrantyfor the equipment is available for a period of 2 years following the standard warranty period (total warranty period being 3 years). The City of Santa Ana's acceptance of the Extended Warranty is automatic upon the signing of this contract. Cancellation of the Extended Warranty can be requested in writing to Invengo American Corp in the month prior to the warranty anniversary. Requests for cancellations part way through the annual warranty period will not be refunded. At the conclusion of the extended warranty period, the contract will be automatically rolled over into an annual warranty contract subject to an annual City Council 24 — 19 3/16/2021 Exhibit 1 price and terms negotiated between the City of Santa Ana and Invengo American Corp. The terms and price of this negotiation will be agreed upon at a minimum of sixty days prior to end of the extended warranty period. If the City of Santa Ana and Invengo American Corp cannot reach an agreement on the annual price and terms of the annual contract, then either party may cancel the annual warranty contract effective at the end of the extended warranty period. Non -Warranty Support o At the expiration of the extended warranty period where further agreement is not entered, request for support will be charged at the current Invengo American Corp's Time and Materials rate. Software Warranty o Invengo American Corp's development cycle is based on Agile Systems — it is a continuous cycle of improvement that relies on customer feedback and ideas, as well as quality assurance testing in the lab and onsite. Invengo American Corp performs monthly "sprints" which included software improvements and Invengo American Corp release a new software version every 10-12 weeks, which is provided to all customers on the Warranty and Support Agreement free of charge. Version releases may contain a combination of new features, new products, bug fixes and enhancements. The release notes are published via Invengo American Corp's User group Website and are also available free of charge directly from Invengo American Corp. The Santa Ana Library may choose to upgrade to a new version release at any stage. Upgrades are not compulsory, and Invengo American Corp supports all software version releases for a period of at least 2 years. Invengo American Corp will perform this work. • RFID Tags o The tags are guaranteed for the life of the item on which they are affixed. City Council 24 — 20 3/16/2021 Exhibit 1 EXHIBIT B Consultant's Terms and Conditions City Council 24 — 21 3/16/2021 r s W 3 3 H W_ 0 0 Z v W H uu,u U,,, z O z O V 0 r4o � E N @ O a) � LE O 7 OU q) U O ¢ O m C 7 U LL L > C C C E V1 a) : n E =a O u T L E o LL a�0i o o w ra E Ln ooLno T -00 C a O oo LD rru a) y� U O N C O a1 C M 7 cn O a-i p O w LO G V_ 0 `�_ (O V j p d C f0 In V L O E F .-I 7 (n M C V nip O -O coa) rL i -O .� O- a) a1 a) L to E L f0 O rp L 0 O C O L p p n E E N C am' O a) ru uU a) U !6 U [n '� T O f1 u 7 CD m a) ro M_a cn -O LA k C N Q) C ra a) O O 3: -a p_ E aj > O O ra O d E E -0 v ro—,u aa)i 01 a) of C IU 4b O Va, C i V X C ru C O >= T V O •C N O cv v ro C L N aJ _ ro O -O av-+ O) a C � C N L !Z aJ M w rro -0C E C O C ra f6 ' ra ra Lu ro a) ro fu C pO a) ncry VO a E7 cta) + a Q > 01 .2 E p MO -O > E 7 0)E T t> O 0 N YM X O aOOL..Jr U-W O C— wC o rn o ~� oro oQ)0 u u g o 0 �m -0 awa) o a3 Q 0) 4� C Lo N m m C 3 3 v C:0 J a) ) O V C CI-0 N 0 U -O 'E E i 3 C, - 0 a) -CO Ln 'L6 m 7 W -2 O .� N L O 'M v LL r6 a) 6 C ra r6 > >, o 'm LE O 'O a) ra 7 i =3o _r I, v a) OL O N-OT 21 CO roL Cpi 0 O n O Q) L O r6 ip C ro ++ -O N U _O p U U L V aJ E a) Q C tl a-+ N aL-+ @ U O a) V L U CO a) aL-+ O L ra a) - a) -aL 2 , C a) C aL.-i 0 0 C:)L C O O aL-+ aJ d +-� U a 0 m a) C -0c E 'C3 E C> O d O -O n O C r6 O p U -0to a) W C yr c '6 U r6 C +� O E �, %; >..� L O a) p w tz � 0 L 0-0 O O C O >, a) fn > O o L a) O `X O o d X O v N C 0_ CL) L -O f0 'O ,� O V m m N O C O •- L LL J .--I J a) C >' N AR � Q 9 W Q W N fC0 m O a) LL LL aJ I O I QI E i 'U �'' aJ O C C -O L w i+ p a) E a) 6 v N 0 'a C 7 0-0C-F E@ o_ N 0,I Q 'u0 •> 4- Q o u rn ay�i 0 0 m +� O U aJ C to N N a) 0 v O ¢ ~ a io i L C aL..i row +L.� vOi rn 6 r6 T O' O5 _0 >m X. 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LY III a 11... J tl i1 01 Id l ,. I ; l 21 ^ _ ZI Z, C " P ,s a fl I, I I1, ^ D Irv, rL "JI- _r GLwI _r KI : , ,17... I'.•',rI ,r v , rr ro r x Z? I 111 Ul ,ILL.. p••,;, p I r� i 11y uJr. I " I , - p q ","0 �� q fl l� ry P Z "+'r r rli:i ID A Jrµ r I.i N' Y"',! I V 1-Jv y'I "y N IN; " Myr Al fltl,BOILs III ti H,I _ 1 7 V V w 1 >,. A I I IY Ir �: 1 iN I tll � Vr� < 1, ,tl Y L1 ILI tl p I�f1 °;IV fll °;,ol 17 I 11 r ""N " N W PJ1 1 �x;; fl,oro flora '' P..dP A°. fl° 41 IY, I u mi N 0 N N I Nt N U C 0 U �� Public Works Agency https://www.santa-ana.org/pw Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: Warner Avenue Protected Bike Lanes (Grand Avenue to Oak Street) AGENDA TITLE Approve Agreement With Kimley-Horn and Associates, Inc. for the Warner Avenue Protected Bike Lane Project in an Amount not to Exceed $93,990.51 for a Three -Year Term (Project No. 20-6971) (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Kimley-Horn and Associates Inc. to provide professional engineering services for the Warner Avenue Protected Bike Lane Project in the amount of $87,572.73, with a contingency of $6,417.78, for a total amount not to exceed $93,990.51, for a three-year term beginning March 16, 2021 and expiring March 15, 2024, with an option for two, one-year extensions, subject non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On August 27, 2020, the Public Works Agency released Request for Proposals (RFP) No. 20-094, to select an engineering firm to design the Warner Avenue Protected Bike Lane project (Exhibit 1). The project boundaries are from Grand Avenue to Oak Street (Ward 6). The scope of work includes preparation of the plans, specifications, and estimate package including but not limited to the title sheet, typical cross sections, street improvement plan, construction details, and channelization plan. The RFP was advertised on the City's online procurement management and publication system, with proposals due on October 12, 2020. Two proposals were received and evaluated by a selection committee. No bids were received from Santa Ana firms. Based on criteria outlined in the RFP, the following summarizes the responsive firms and their ranking: Firm City Rank Kimley-Horn and Associates, Inc. Orange 1 KPFF Consulting Engineers Irvine 2 City Council 25 — 1 3/16/2021 Warner Avenue Protected Bike Lane Project March 16, 2021 Page 2 In accordance with the required Qualifications Based Selection process, the fee schedules were opened after the proposal evaluations were completed. Staff recommends awarding an agreement to Kimley-Horn and Associates, Inc. (Exhibit 2) to provide engineering services based upon the scope of work and selection criteria outlined in RFP 20-094. Their proposal demonstrated the necessary capacity and expertise to complete the required services to meet expedited grant -funding deadlines. The firm's rates are reasonable and within industry standard, the team qualifications are appropriate for this project, and the proposal was determined to provide the best value for the City. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are budgeted and available for expenditure in the current Fiscal Year 2020-21 Capital Improvement Program (Project No. 20-6971). The table below indicates the estimated expenditures by fiscal year. Any remaining balances not expended at the end of the agreement term will be carried forward for expenditure into future fiscal years in the event the optional extension periods are exercised. Accounting Fund Accounting Unit - Fiscal Year Unit -Account Description Account No. Amount No. Description Agreement Term Transportation Transportation System 2020-21 03417660-66220 System Improvement Area E, $4,000 (March -June) (20-6971) Improvement Improvements Other Than Area E Building 2020-21 05917660-66220 Select Street Select Street Construction (March -June) (20-6971) Construction (CMAQ), Improvements $6,000 Other Than Building 2021-22 05917660-66220 Select Street Select Street Construction (July -June) (20-6971) Construction (CMAQ), Improvements $76,172.36 Other Than Building 2022-23 05917660-66220 Select Street Select Street Construction (July -June) (20-6971) Construction (CMAQ), Improvements $7,000 Other Than Building 2023-24 05917660-66220 Select Street Select Street Construction (July -March) (20-6971) Construction (CMAQ), Improvements $818.15 Other Than Building TOTAL: $93,990.51 EXHIBIT(S) 1. Location Map 2. Agreement with Kimley-Horn and Associates, Inc. City Council 25 — 2 3/16/2021 Warner Avenue Protected Bike Lane Project March 16, 2021 Page 3 Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 25 — 3 3/16/2021 EXHIBIT 1 SANTA ANA PROJECT 20-6971 . W A CITY COUNCIL AGENDA DATE: WARNER AVENUE PROTECTED BIKE LANES MARCH, 2, 2021 FROM OAK STREET TO GRAND AVENUE PUBLIC VMS AGENCY PAGE 1 OF 1 City Council 25 — 4 3/16/2021 AGREEMENT TO PROVIDE ENGINEERING SERVICES FOR THE WARNER AVENUE PROTECTED BIKE LANES PROJECT (OAK TO GRAND) PLANS, SPECIFICATIONS, AND ESTIMATES PACKAGE THIS AGREEMENT is made and entered into this 16th day of March, 2021 by and between Kimley-Horn and Associates, 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 September 21, 2020, the City issued Request for Proposal No. 20-094, by which it sought a Consultant to provide professional engineering services for the Warner Avenue Protected Bike Lanes Project (Oak to Grand) PS&E. B. Consultant submitted a responsive proposal that was selected by the City, included as Exhibit B. Consultant represents that it is able and willing to provide the services described in the scope of work that is included as Exhibit A. 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 contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that are described in the scope of work that is attached as Exhibit A and incorporated in full. 2. ALLOWABLE COSTS AND PAYMENTS a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit C. The total sum to be expended under the terin of this Agreement, including any extension periods, shall not exceed $93,990.51. This sum is comprised of (1) the base amount of $87,572.73 and (2) a contingency in the amount of $6,417.78 for additional services at 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. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. City Council 25 — 5 3/16/2021 Page 1 of 12 3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items. b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. 4. PERFORMANCE PERIOD a. This Agreement shall go into effect on the date first written above, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City. This Agreement shall end on March 15, 2024, unless terminated earlier in accordance with Section 21. The term of this Agreement may be extended for up to two 1-year periods upon a writing executed by the City Manager and City Attorney. b. Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City. C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment. 5. STATE PREVAILING WAGE RATES a. If applicable, Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. City Council 25 — 6 3/16/2021 Page 2 of 12 C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. 6. INDEPENDENT CONTRACTOR Consultant 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 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. 7. 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 subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant 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. 8. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of City Council 25 — 7 3/16/2021 Page 3 of 12 insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. City Council 25 — 8 3/16/2021 Page 4 of 12 9. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold hannless the City, its officers, agents, employees, consultants, 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 or its subconsultants, agents, employees, or other persons acting on their 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 terns of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 10. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 11. RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement, pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. City Council 25 — 9 3/16/2021 Page 5 of 12 12. AUDIT REVIEW PROCEDURES a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by City's Executive Director of Finance. b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by City's Executive Director of Finance of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 13. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 14. CONFLICT OF INTEREST a. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project that will follow. b. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. City Council 25 — 10 3/16/2021 Page 6 of 12 15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 16. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be property given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Kimley-Horn and Associates, Inc. 1100 W Town and Country Road, Suite 700 Orange, CA 92868 Attn: Darren Adrian 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. City Council 25 — 11 3/16/2021 Page 7 of 12 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 18. SUBCONTRACTING a, Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its subconsultant(s) is an independent obligation from City's obligation to make payments to the Consultant. b. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City, except that which is expressly identified in the approved Cost Proposal. C. Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to Consultant by City. d. All subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. e. Any substitution of subconsultant(s) must be approved in writing by City prior to the start of work by the subconsultant(s). 19. EQUIPMENT PURCHASE a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding 55,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. City Council 25 — 12 3/16/2021 Page 8 of 12 b. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. Any equipment purchased as a result of this Agreement is subject to the following condition: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. 20. 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. 21. TERMINATION City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. City may terminate this Agreement should Consultant fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, City may proceed with the work in any manner deemed proper by City. If City terminates this Agreement with Consultant, City shall pay Consultant the sum due to Consultant under this Agreement prior to termination, unless the cost of completion to City exceeds the funds remaining in the Agreement, in which case the overage shall be deducted from any sum due Consultant under this Agreement and the balance, if any, shall be paid to Consultant upon demand. 22. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by City Council 25 — 13 3/16/2021 Page 9 of 12 applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities 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. 23. 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. 24. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 25. STATEMENT OF COMPLIANCE a. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. b. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they City Council 25 — 14 3/16/2021 Page 10 of 12 have a collective bargaining or other Agreement. C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally -assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. d. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT'S Regulations, including employment practices when the Agreement covers a program whose goal is employment. 26. DEBARMENT AND SUSPENSION CERTIFICATION a. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. b. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration. 27. 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 City Council 25 — 15 3/16/2021 Page 11 of 12 attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: _ 14 7gL, -f- & JVhn M. Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT Name: Title: Digitally signed by Darren Adrian P.E. (CA PE No 53031) Date: 2021.03.0314:22:59 08,00, City Council 25 — 16 3/16/2021 Page 12 of 12 Klmley)))Horn EXHIBIT A Warner Avenue Protected Bike Cane (Oak Street to Grand Avenue) PS F 211712021 RFP NO. 20-09 Scope of Services The following Scope of Work will result in a separate bid package for a Class IV Bikeway in both directions along Warner Avenue from Oak Street to Grand Avenue. Design plans and reports indicated will follow the City's standard format, unless indicated otherwise. A drawing list indicating anticipated sheet count is included as an attachment, and serves as a basis for our fee. We assume a 7-month schedule for design beginning March 2021 with design services completed by October 2021. Kimley-Horn will utilize the substantially complete Warner Avenue Improvements Phase 2A Plans from Oak Street to Grand Avenue (Project No. 18-6901-C), hereafter referred to as the "Warner Avenue Project," to create a separate set of bid documents for the Warner Avenue Protected Bikeway Project, hereafter referred to as "Bikeway Project." This entails removing the bikeway elements from the substantially completed Warner Avenue Project Plans and showing this information for the Bikeway Project. We assume that the design of the bikeway will not change from what is currently shown in the Warner Avenue Project Plans. In addition, we assume that the Warner Avenue Project will be coordinated with the Bikeway Project. The street widening and other improvements as part of the Warner Avenue Project will be constructed concurrently with the Bikeway Project. Task 1: Project Coordination and Meetings Kimley-Horn team members will attend one kick-off meeting to confirm project elements, objectives, scope, and schedule; and attend PDT coordination meetings at each submittal (up to 2 meetings) with the City. We will provide pertinent meeting minutes with action items and will prepare monthly progress reports, as part of the invoice package. Kimley-Horn will prepare a Gantt Chart format Target Schedule showing primary tasks and review periods/processing, as agreed with the City. Kimley-Horn will maintain a Progress Schedule showing actual progress versus target and provide to the City on a quarterly basis. r.(;ftulnl ��/��aM�lY�na�aasu��,r��,.i. � ��Ila`r1r71111h:���Irn��, Il�uu�.a:� u:��„a,�Ir�..ra�ll�a'.,���o ulr��a��' yc��i. re n v � �y IIhIIIL��F„wmi� a���;�� r® �� �� � ��a�a�• rep ",° kIIG':IIIYaI�a �: Irrcll � �:allll"�a" rmdlhefla.ulle, flUarterlly progress sa:;haralu..ulle.. Task 2: Record Research and Utility Coordination Kimley-Horn will update record research data obtained as part of Warner Avenue Project and will obtain readily available record drawings and data pertinent to the scope of services, such as GIS mapping, as - built plans, and utility atlases. We will maintain a Utility Agency Tracking List and provide updates as new information is received. In addition, we will prepare and send out the Final Notice to Relocate letter. We assume that utility notices will be on the City's letterhead. Any utility agency fees are excluded. a" Ve/ivera"alh's U1I;UIU'Illy algeIncy'trki'UckVng List, V.V'tIIIity V"UotffiI Task 3: Field Survey and Pothole Data The Kimley-Horn Team will provide up to one day of supplemental field surveys to supplement field surveys completed as part of the Warner Avenue Project. This entails obtaining topographic shots for items such as street cross sections, features that present constraints and utility features (manhole dips, valves, etc.). City Council 25 - 17 3/16/26n'of3 Klmley)))Horn arner Avenue Protected Bike Cane (Oak Street to Grand Avenue) PS C211712021 RFP NO. 70,..094 The Kimley-Horn Team will also provide vacuum excavation potholes to positively identify utilities where conflicts may exist. This task entails up to 3 potholes with a depth up to 15 feet. Additional potholes, if needed, will be an optional item per each pothole. We assume traffic control for potholing will be based on WATCH manual. Preparation of traffic control plans is excluded from this task. It is assumed that field potholing operations will be performed and completed within a one -day period. Deliverable. IWellrveeS1ation Wfl If:ilIes of..i..opogirallphl lay Survey a:inci 14lofllmud e Data IGReport Task 4: Water Quality Management Plan Kimley-Horn will update the Water Quality Management Plan (WQMP) for the project in compliance with, and meeting the requirements of, Order No. R8-2009-0030 (Amended by R8-2010-0062), of the Santa Ana Regional Water Quality Control Board. The WQMP will incorporate Low Impact Development (LID) Best Management Practices (BMP) to the Maximum Extent Practical (MEP). Based on our preliminary research traditional LID BMPs cannot be incorporated. Therefore, appropriate proprietary BMPs will be selected to improve water quality. If proprietary items are needed, these will be indicated in compliance with the City's adopted public contracting code. We will address one round of consolidated City comments before preparing the final deliverable. Deelleu.rnbl s: Dt a��t on°naf Final Vll teen �":f,n�aolity h4anea,age��nrn en°nt. Plan � rc Task 5: Street Improvement Plans The Kimley-Horn will develop a street improvement plan for the construction of the protected bike lane within the project limits. The plans will show typical sections, details and horizontal and vertical (where needed) design information. Roadway plans will be prepared at a scale of 1" = 20' horizontal and 1"=2' vertical. Vertical design information will be shown on plans with elevation call outs for details where not shown on profiles. We assume the City will provide one set of consolidated comment for each submittal. Defivera1°:Ies: '30 and :i.Ct"D°/ f`1arias, elay ctiro i n'dc iillles fin 1 1 cir:::Stadoin \lflll and (�i`fumnA Ir Ilaln s w illlll be scaled and �rll .N II Ile':"e as lrnd u"e, vpKan"n�roE" S tO re �aQe.n9.a.a II ene9ne':"1�9 Q'o1ellimee�nts °f Iron i the. ��.,, a la v rr a a• � a rc� 7 r f'a .,.��,y. Task 6: Signing and Striping Plans Kimley-Horn will prepare striping and signing plans at a scale of 1" = 40' for the proposed improvements within the limits of the project. Signing and striping plans are limited to bikeway delineation. These will comply with City's standards, Caltrans, and the California MUTCD. Deliverables: 30% n)ine :i.lttt% f anns, e.7 e clue:au'nic it eyes alum Kcii(,)tttaaq:ioin \ll'lll aaind II-aliull�fiu"nne lfllains it .nee se a c., and °rllg ne,el(, aalr d Ire srrcl uoi nse s to previous II e vk:,,\At corrrnll„aneelrnt's fllmeuaun t11he City, Task 7: Opinion of Probable Construction Cost Kimley-Horn will prepare an Opinion of Probable Construction Cost (Estimate) based on quantities, for comparison to project budget and assistance during the Contractor's bidding process. Unit prices will be derived from readily available current bid information based on similar projects within the area. Backup will be generated for lump sum items. Deeliveeaeables:.100i/ f.11l")a irnlioi n of 6�)irol,�na'ablle:" Co nstal'u ctidanlrn e.eaan�ts, eeUeectronie fillenea Ulan lPD16 Task 8: Specifications City Council 25 - 18 3/16/26n 2 of a Klmley)))Horn Warner Avenue Protected Bike Lane (Oak Street to Grand venue) PS E 211712021 PFP NO. 20-094 Kimley-Horn will prepare technical specifications based upon the boiler plate supplied by the City. Bid items will be described as reasonably required in the General Provisions and will be included in the Contractor's bid list. References for the technical provisions to the City's Standards and Standard Specifications for Public Works Construction (Greenbook), Caltrans, or other appropriate specifications will be provided. We assume the City will compile all required forms for Federal Funding. Deliwrerablerk::I.00% Specifia:a ions, 6lE Ctl-Oi n'ic i:Nles in If3ll:N� (iiri4Spec icaP:'ioi,iis \a61H II e seaN led and signe(::I). Optional Items Task 0.1: Bid Phase Kimley-Horn will provide services during the bid phase by responding in writing to requests for information (RFI)/clarifications. This consists of only making design changes determined necessary to address clarifications. We have assumed up to two RFIs. Other design changes, such as those for the contractor's preference, are not included in this scope. Changes in the overall design concept are not accounted for in this scope. Deliverables: Responses to tip to two RFIs, Task 0.2: Construction Support Kimley-Horn will assist the City during the construction phase by responding to the Contractor's RFls, preparing addenda, and providing clarifications. Changes in the overall design concept are not part of this scope. A 12-month construction duration is assumed. We have assumed up to three RFIs, up to five contractor submittal reviews, one field observations, and up to one addendum. We will prepare record drawings by updating the approved design drawings based on one set of redline markups provided by the City. Independent verification is not included in this scope. Significant deviations from the original design documents are not accounted for in this scope. The purpose of the record drawings is to create a deliverable that will represent the built condition for the City's records, as record by the Contractor. DefinPerables Re,'apG'Yn" e,s to tip to three 107sa live contractor ,Troubrnit"fal,i, de,"aign reN✓i.uiPMYns fbb"" one, g5 . One inn::::;�; pfir and �,rn electronic f'a' inn~ a;��N~n" i;'"�n::NaN�� s .0 l&�," (f���f'c�:"�n"an"��: 4��nd,� ii�nn;�"'N��,°Y�.��f�.n�bN'�B Addendum �an"n�n n:N�Nn° nn. b�0, Exclusions: 1. Agency Fees 2. Copies/Reproduction 3. Traffic Phasing Plans City Council 25 — 19 3/16/26N 3 of 3 0 I ri1 3 S' &nbsp; tO City Council &nbsp;25 &ndash;&nbsp;20 3/16/2021 &nbsp; Table of Contents EXHIBIT B 1® Statement of Qualifications®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®®® .. Cover I1.... lb.. Cc retract g it me n t t t inr� irnt .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .... .. .. .. 4 c.. If::::iiirim and ...['earns d.. Uimdeirstarndiling of „ IRe lev rnt (Project f„ Refe ire inces,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 13 ® Scope of Services and Schedule 3® Fee Proposal ® Certifications 11�:',Ilty of Sainta Aiina11RII II)71006 2020 1 Kimley1 ))i Intentionally left blank City Council 25 — 22 3/16/2021 IKimley�>)Horn C1111yf Sainla Aura III1:1,[)770062020 �i�,, . (,'over L, e'er' October 12, 2020 >> 765 The City Drive Suite 200 Mr. Kenny Nguyen Orange, CA Project Manager 92868 City of Santa Ana, Public Works Agency (M-36) TEL 714.939.1030 20 Civic Center Plaza Santa Ana, CA 92701 °f;llll'IIIII: IIIC�Ilirolly osdl "four Wairineir Aveiiniue IIPi otecte IICI?fliillke Illl....aine (Odd,. Stlureet. Its Gur°aindAvenue) I°)S I111111lll!,a IIV'I IIV'°"III Into 2ft 094 Dear Mr. Nguyen and Members of the Selection Committee: The Warner Avenue Protected Bike Lane project provides a unique opportunity for the City of Santa Ana to improve safety for its active transportation network. This segment will provide accessibility, connectivity, and safety for bicyclists while traveling to and from local destinations such as parks, schools, commercial areas, and residential neighborhoods. The project is a major step toward making the City of Santa Ana a more walkable and bikeable community, which will provide imperative benefits to the residents' health and the city's environment. The City needs a trusted advisor with proven experience in completing similar protected bike lane projects for successful delivery of the project. Kimley-Horn is that team. Specifically, we offer the City the following benefits: ll....ocdll IllKino Ile ° ge^ alund Our team has been working with several local agencies including the City of Santa Ana on major bike projects. Currently, our team has completed the design and is providing construction support to the City of Santa Ana for the Santa Ana Boulevard and 5th Street Protected Bike Lane Project. We are also working with the City on the WarnerAvenue Street Widening Project, and we are very familiar with the constraints along the corridor and the City's needs for this project. We have also worked with the County of Orange on the OC Loops Bikeway Program and developed conceptual designs for Segments D, F, and H. Additionally, we have assisted the Orange County Public Works on the Hazard Avenue Protected Bike Lane Project. l ��� y IIII'�'� e�siigin alum ��t IIII''��Illlaurmurmliilurmff���� Kimley-Horn is a national leader in re��ll�lurn�uiea Illll ix:Ileluruu�ur�e� uulu�l Illlllllltliillll���w�� planning and design of active transportation projects including pedestrian, bikeway, and multimodal transportation facilities. We routinely design bike facilities using the Caltrans Highway Design Manual, California Manual on Uniform Traffic Control Devices (CA-MUTCD), and Design Information Bulletins. We are also experienced in designing bike facilities, including buffered bike lanes and cycle tracks, using the National Association of City Transportation Officials' (NACTO) Urban Bikeway Design Guide and the Federal Highway Administration's (FHWA) Separated Bike Lane Planning and Design Guide. We have completed many local city pedestrian and bicycle facility master plans, developed comprehensive statewide plans and requirements for pedestrian/bicycle facilities, and designed over 200 miles of bicycle routes and trails. City Council 25 - 23 3/16/2021 11�:',Ilty of Sainta mina 11RII II)710062020 2 Kimley�))i Cx.11 eurlii urns t aural i Ifcallrin.,, We have assembled a dedicated team for this project with a deep-rooted history working collaboratively on similar projects and long history working with the City of Santa Ana. Our key staff includes Aryo Rad, P.E., QSD/P (project manager), Darren Adrian, P.E. (principal -in -charge), KirkAmmerman, P.E. (QC/QA), Gyan Sinha, P.E. (civil engineering and bikeway design), Jason Melchor, P.E. (traffic engineering), Rich Lucera, P.E., QSD/P (water quality and sustainability), and Jason Marechal, P.E., LEED AP (utility coordination). In addition, we have partnered with Cabrinha, Hearn & Associates (CH&A) (design surveying). CH&A has a long history working with Kimley-Horn's team on various projects, and is a certified DBE, allowing us to meet the City's DBE goal for this project. Oul.vur Colo mlunlmliituriiiielun't I:o Yoiu The Kimley-Horn team is dedicated to providing exceptional client service and quality deliverables for the City of Santa Ana. Our local office in Orange is less than ten minutes away from the City of Santa Ana, enabling our local team to resolve issues that arise quickly and effectively. We will be responsive and available to you when you need us. Our goal is to provide proactive support and communication to the City, so that together we can complete this project successfully. The entire Kimley-Horn team looks forward to the opportunity to work with the City of Santa Ana on this challenging and creative project. We will use our extensive prior knowledge to work with the City in implementing a successful project. Should you have any questions regarding our proposal or qualifications, please contact me at aryo.rad@_Simley-horn.com or 714.786.6340. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Aryo Rad, P.E., QSD/P Project Manager/Associate Darren Adrian, P.E.* Principal-in-Charge/Senior Vice President As a Senior Vice President of the firm, Darren Adrian is authorized to make legally binding commitments for the Kimley-Horn. ** Kimley-Horn acknowledges receipt of Q and A Set 1. City Council 25-24 3/16/2021 IKimley�>)Horn 3 QlyofSainlakna III wII1[)7700620'0 .���mi"'���"i ri';,' ,: '��'j��gg�i m�'NN'°�'°ii't�°�°i'"'�'j" �b,�t"i, ����"n�9ntit('Wri°t Kimley-Horn concurs with all provisions contained in the Agreement in Attachment 2 of the RFP. c., irri(ii and Tbarn u�pettef ito e.. FIRM QUALIFICATIONS Kimley-Horn is a full -service engineering, planning, and environmental consulting firm providing services to both public and private sector clients nationwide. Incorporated in 1967, Kimley-Horn has grown from a small group of traffic engineers and transportation planners to a firm of more than 4,300 employees in 92 offices nationwide, including 11 in California. Our local office in Orange —which is less than 10 minutes away from the City and where the majority of work for this project will be performed — currently has more than 120 engineers, planners, designers, and support staff specializing in roadway, pedestrian, and bicycle improvements; drainage and water quality; utility coordination; traffic engineering and lighting design; environmental studies; and other key services. Our continued growth and stability over the past 53 years is the direct result of the firm's commitment to integrity and dedication to providing quality services —in fact, more than 90% of our work originates from repeat clients. According to Engineering News -Record, our firm now ranks 17th overall among the nation's top 500 design firms. We offer our clients the local knowledge and responsiveness of a small organization, backed by the depth of resources only a national firm can offer. As a multidisciplinary firm, Kimley-Horn's primary business encompasses everything from planning to preliminary engineering to final design. The services most relevant to the City on this project include our bicycle and pedestrian facility planning and design, traffic signal design and operation, and roadway design experience. Kimley-Horn understands that bicycle and pedestrian facilities are critical pieces of a multimodal transportation system. Facilities such as multi -use paths and on -street bikeways designate space for bicycle and pedestrian travel, actively enhance the experience, and encourage greater use. Kimley-Horn has the necessary passion and experience to assist you in your goal of promoting bicycling as a fun, healthy, and efficient way to travel. TEAM ORGANIZATION AND MANAGEMENT Kimley-Horn knows that when you choose a consulting firm, you are really choosing the people who offer you the technical experience, hands-on experience with similar projects, and commitment to a high standard of quality and client service that will make your projects as successful as you envisioned. The people on our team are passionate about their work and do it well. Our team is comprised of veteran team leaders, civil engineers, and technical staff to provide streamlined design engineering support on a variety of tasks. Our team also includes a specialty subconsultant, Cabrinha, Hearn & Associates, who will provide surveying and help us meet the City's DBE goal. While we remain responsive to our clients' dynamic needs by drawing upon a diverse professional staff, we also provide management continuity through the assignment of a client -oriented project manager. Aryo Rad, P.E., QSD/P will serve as our project manager for the City, and the primary contact person to represent our firm and conduct the presentation, if invited for an interview. Aryo will coordinate our team members' efforts and deliverables, including those of our subconsultant. Aryo has a long history working with the City of Santa Ana, which makes him very familiar with City's needs and goals. Through his experience, he completely understands the challenges the City staff face for project delivery and implementation. Aryo will be supported by principal -in -charge, Darren Adrian, P.E. Aryo and Darren will be supported by a team of experienced engineers and subconsultant specialists. Task managers will profttiLrf&ffl8PI agement and technical support for;qSch�gsk based on the scopepfffl2(�2fpr 11�:',Ilty of Sainta Aina11 I II II)77006 2020 4 i lle �)) r each project as indicated in Attachment 1 of the City's RFP. The organizational chart provided on the following page delineates the roles and responsibilities of the staff assigned to this project. If selected, this is the team expected to serve you throughout the duration of the contract. Resumes for key team members are provided in the pages following our organizational chart. i,'114l14llll/li,.,,l!1 1) h(E' I I,If'i111 Il „L Kimley-Horn is committed to providing the City with high -quality solutions that exceed your expectations. We accomplish this by providing you a team of experienced and technically proficient individuals who offer extensive bikeway planning and design specialties. We have carefully structured our team with staff members who possess the knowledge and experience to complete each task associated with this project coupled with the availability to meet all interim and final deadlines. To confirm the availability of team members, we use a proactive management program called "cast-aheads". This process forecasts our workload over a weekly, monthly, and six-month period, and enables us to avoid work overloads and/or shortfalls for each office and discipline. Cast- aheads help verify we have the resources in place to meet our clients' needs without compromising quality or responsiveness. Based on our most recent cast -ahead projection, the Kimley-Horn team shows the availability needed to successfully serve the City throughout the contract period. Our subconsultant also has confirmed their availability and commitment to meeting the identified schedule. Together, we offer the experience and resources to successfully deliver a final project on time and within budget. The Kimley-Horn team's projected availability for this project is detailed in the availability chart below. City Council 25 — 26 3/16/2021 IKimley�>)Horn 5 QlyofSainlakna III wII1[)7700620'0 Darren Adrian, P.E.* Aryo Rad, P.E., QSD/P* Kirk Ammerman, P.E.* Gyan Sinha, P.E.* Naomi Willis, P.E. Othman Elmezain, P.E. Alan Huynh, P.E. Jason Marechal, P.E., LEED AP* * = Key Staff Lucas Teani, P.E. Camden Cabrinha, PILS* Cabrinha, Hearn &Associates (DBE) Jason Melchor, P.E.* Sri Chakravarthy, P.E., T.E. Tim Chan, P.E. Trevor Briggs, P.E. Cabrinha, Hearn & Associates (Survey) ASFOUNA T Eq W MARRUFF! Over the past 43 years, Cabrinha, Hearn & Associates (CH&A) has successfully provided land surveying and mapping services on five- and six -figure work orders on hundreds of projects throughout Southern California. Their quality surveying and mapping services are provided to their clients in a timely and economic fashion, they anticipate and solve potential problems before they arise by ensuring hands-on project participation by the principals, they maintain consistent and clear communication with our client, and use the latest technology in surveying equipment and methods. City Council 25-27 3/16/2021 11�:',Ilty of Sainta mina 11 RIIRII)77006 2020 6 Kimley�))Horn Intentionally left blank City Council 25 — 28 3/16/2021 IKimley�>)Horn C1111yf Sainla Aura III1:1,[)770062020 � il! t mlls uf n 4C\ MIVs. 111 iiiw�� t�„w IIII��� �� �,� t�� �� ,� IIII ����� IIII m��� ,, ;,,�����,�„�;��� III[ ���� IIII,",,,"1rm 0 Flrpjecl Allarnager, Aryo has more than 23 years of civil engineering and construction management experience related to municipal and public facilities. His range of experience includes engineering work in planning, permitting, design, bidding, and construction of municipal infrastructures such as roadways, storm drains, utilities and water quality projects in Southern California specifically in cities in Orange, Los Angeles, Riverside, and San Bernardino Counties. He has led complex multidisciplinary public works projects with a track record of successful implementation. Aryo has experience in working with public works, community development, and planning departments for more than 25 municipalities in southern California and assisting them with their capital improvement and special projects. Aryo is completely familiar with City of Santa Ana's procedures as well as the challenges the City faces for its projects, through his working experience on public works projects in the City. His experience in developing and implementing creative, cost effective and sustainable solutions for municipal infrastructure projects is directly applicable to the improvements proposed for this Engineering Consulting Services. Relevant Experience * Cliiity of Sallrmta Aina, Wairineir Ave Stmremmt Illlurmrmlltmurmmvmmlummeluntm , Saint;a una, C — Deputy Project Manager Ciiiit:y of Sainta Aina, Sri rota Aiina IlBommlllk?vallyd & 5tlllm Stmreet I13iro�temm,ted tliiilllme II aine III Sty IICIIIIIII!y Sammrt:a, Aina, C — QC/QA Manager Ilurofessliiolum,allll Ciremteintliialllls • Master of Science, Civil Engineering, California State University, Fullerton • Master of Science, Systems Engineering, Industrial Management Institute Bachelor of Science, Civil Engineering, Azad University, Tehran Professional Civil Engineer in California #81231 Qualified SWPPP Developer/Practitioner in California #81231 �IIlirofessiii ollinaII A,ffiillliatioins American Association of State Highway and Transportation Officials, Member * American Public Work Association (APWA), Member * American Society of Civil Engineers (ASCE), Member t:�y of t alinta Ana, Som�m,tlll'i Main S�tllr ��et Corridor Illlu��m�mllt��murovelurrrlelur�m�t� � American Water Sml irmt;a arms f" Project Works Associiation CI m i — ect Manager (AWWA), Member Illh°°Illlazallyd AveintAe Il irot:ected Illlllll�tliillllme rmy, Grai mt'te Co�oilummty, f°'t Project Manager Clii[ty of IIFIIII IIMourmte, IIII'�tamrnoina IlBollrmllllew gird aind Valll11ey III II'.Il'tommlllle^valurd Ill lurmteirsectliiiourmi Illlluuu"'mllr)urmmveurruummlm"i't IIIII Idlommmt.e, CA — Project Manager County of Cmralunge, OC Ilim;mm;mlll Segmm�rmint; IIII��), IIII""'��, aind IIV°°�t�, Grainge Couirmty, C QC/A Manager Gmrty of IIPSointelurey, IlNoiirt:llhi IIII ireli moi nt 113liic clllle aind IIII')ed estirliialurm Access airuud Sa°Ilfet lllummlllfplurovemnrmeurmts„ omrmt.ellrey, CA — QC Manager Ciiiity of .. mrl4lll (:fliimrm°m, 5tellrmie AtAiry Way Illlurmmll4'':)ar°ovelunrmeiints, Ainali,6iinni, C — QC Manager City Council 25 — 29 3/16/2021 ���,� ",��� �I�' Ill����t IIII , „� � ° ��°� IIIh�°'�� I,,,o a ����ti1 IIII ���" ����� Vlm �'�"���, t� ����� m� ����� m au v�Vo�m� ,n (Cont.) * Cliiity of Cammta IIMomnliica, III.........Iiimncm;mlllllurm IIIttlmmliigllV°mllUmomrllllmoom°i Courllriii(tolur StIIP• °metscalpe IIIC)Iuroject, Sainta IIMoit'mliiica,, C — QC Manager * Ciiiity of Salllliiiinas, III mmsurellll IIII'turliimme III Y�'"rmdest:Iurlii4n amnd IIBiicynrlllb IIIInnnllY nrrivemrinemrmt.s, Sallllliiiinas, CA —QC Manager * Cliiity of IlCkalllld iilurm IIII')amrlk, tt'tamn tiitall urliimnmllllV,-flIWy Glass IIII Ckliillke ay IIII''''talllld uru IIYIalurlllk„ CA— Project Manager* * k'miiiit.y of IIClllltallll iimrm IIIC'Imnurllk, IIIC°°uraziieir Ct:ureet: II Pedest.urliiain Safety amnd IIII'iiitliiillke Illl mmune IIII'talllld un IlPaidlll�m, C — Project Manager* * Ciiiity of Ili�')lii(�mm;m IIII"�ZJioeura„ II Pc�lse�Iurrrrluead and IlYktiiimnes enii�,me Illln�t�enrsem��mtliimmuP��m Illlu�rlmll� urosr�����,ulneurm��t�, IIY'�'�'�liiic�o Ik'.iiiiwrmmnra, C — Project Manager* * Clllrt'y of IlkyWllllll Gamrdeiins tyaluy'iiiellllrt Aveinue mind Cllllaura Stture et IIIIII ut:eunsmmmmt:liiourm iWeiniiiing, 1136ll1ll kltamrmteiris, C — Project Manager* * ktiiiity of IIliiitalllld iiimn IIIYmlaurllk, Cafe IIY°wtouu.mtes to Cm°rlhioollll — Phase I, Baldwin Park, CA— Project Manager* * Cliiity of Callllesiiico, 21r�I�d Ctmreet and 211nid Bridge Wkleiniing, CallW°am.iiico, CA — Project Manager * Ciiiit.y of IIYa IIII''°',Im.melunto, Vaidbtms Stureet Illlmrnlllf mroveiirulr'meIum,ts, a IIII''°'I'm.mmmurmvte, CA — Project Engineer* * Cliiit:y of IlYdnmlu°lint°rrlllkrellllllll : , IIII'Iltrmwrelurlllly IIII'Illtouu llll s ulr t aurmr lillcox Aveurli�ulr!e Ill lurrrutelursectliiiourm Illlu°ulrmlll uroselu°°lu°°lu mlum�;;, YCYomP°mt;;m" Iltmmllllllllo, t — Project Manager* * Ciiiit.y ofIlYdoint,ellt��melllllllln , asllllnliiiunrytm��xn IIIIIIYtom,Illlevaird IIIIIUPrmIIIYnluroaelunrmeuPn'ts, IIMoirmvt&lln6l1lb, CA— Project Manager* * Ciiiity of IlEellllllll Galurdeurms, Gaur"tliielllW Awre rose amnd Cllllaura Cturee�t° Illluruteur sectliioin li g, IlEellllllll t��Idtalurdemns�, �'�IllfmIllllln„�„ C— Project Manager* * ttiiiit.y of IIltmrea, Cllllliiff ood Ill lindmmmmrrturliiallll tktlureet IIII''kelllrualllnliillllliit;:at:liiirwurm„ IIClllltlurea,, CA— Project Manager* * Ciiiity of IIMaywood, Afl4ntic Illliiiitommulllle aurd amnd tyllllammsomn Aveimue Ytiilstnriiict IIII''t".esiiitalllliiiisat:iii ;rlln, Maywood, C — Project Manager* * Cliiity o , �mliity liiim�te Illlll�km��ms t tm�°�mp II"�t IIIunImllkur,ovelurneluntt�, IUConnrt:elllnnr�llllllllo °°'IIII""nr�amrmsiiit„ C — IIYtlom�mt Illtmcllllllllm°� Project Manager* * Cliiit:y of IlCiiiamnmloind IlkBaur�, GII.'.'YIII,,IG Cuulrlltn IRtaimp IIIIIur"unll Iur(,)seIumineun,t: 11urojectt, IlCliianlroonld Illlllllltaur, CA — Project Engineer* * Cliiity of IIYa IIIY�'�Im.mm inte, alllllllle Aveinue S,tur(:,'.Ie,t aund . JIII�)ur�urullW�ur�osm�nmun��meun��tr�, IIYa IIW 'tie nte, C — Project Manager* * Ciiiit.y of „Caro (�tlllkeirurluelun�t , a IIII''°'Ilata Vista Illh°°Illleurmrnosa IIII',Iaurllk, Cain QIIIeIumn�elunte, C — Project Engineer* * Ciiiit.y of IlEellllllll to aiirdeiins, IIII'"onrd IIIY�' aulrllk IIII uPrlrlu�iitmuroseunnmr���lun�t�, Illlllll�tellllllll Gaird murlm, CA— Project Manager* * Cliiity of Ain6heiiimi, Bounllllevaird lid(:NmnliimP°mg, ur'mallt°IueliiiurIu, CA— Principal Design Engineer* *Prior to joining Kimley-Horn City Council 25 — 30 3/16/2021 IKimley�>)Horn C1111r of saun�m�a Ana 1II I:I,[)77006 2020 1"fi mcipat....in....Cham e Darren has 29 years of professional experience in civil engineering related to planning, design, management and construction of transportation, commercial, industrial, institutional, municipal and Ilr�wmtSsm iiiollirallllCIlredelin'fiiallll Bachelor of Science, Civil Engineering, California State Polytechnic University, Pomona Professional Engineer in California #C53031 and military facilities. His primary emphasis has been in the transportation Utah #318105-2202 field, including planning and final design associated with street and highway improvements and rehabilitation, new street and highway segments, railway grade separations and at grade crossings, storm drain and sewer systems, water systems, pump stations, traffic signals, and ITS improvements. His clients include cities, counties, Caltrans districts, and various agencies/ municipalities within and around Southern California. Darren additionally has a superior project management track record. This, combined with his technical knowledge and skill, has earned Darren great respect not only among his various clients in Southern California, but also his peers. Relevant Experience 01y of Sammta Aiina, Waiiriineiir Stllreet Illlllirimlpiirovellrliiiri iii"its, Saurmta Aiina, C - Project Engineer Ciiiit.y of Sammta Airma, Sam°mt,a Ana Ilkllloliullevaird aliind Stallti Sttreet IIIIF'°'Iurot°ect,ed Illlllllfliilll e Iliaurmes, Saamnta Airia, C - Project Manager Cliiity of Sairmta Airia, SoutJh II aiiin Stllreet C'oinrliim oir IllluirnIpiirovelurnielurm,ts, aintr urlua, CA - Principal -In -Charge OC W Eingiiluneelliriiilung aind IIIIIIIIIIC�'iiniiviiillroliiniilrnrmiielun'l° IIII Ilfto(ri,rullnlrmleiintat°iiiiollrlu IIfoir t,lllie 17,11IIh Stiree�t° Giirade SelllsalratJl ourmi IIII'° uroject, Salunta Ana, C - Project Manager * Cliiity of ur4ll[°iieliimrmm, Geine Autry Way iiidmmmrmiiiimmg, . lur4ll[16ium, C - Project Manager County of f°tlurmrmurmge, OC Ill oolp - Segment D, F, and H, Orange County, CA- Engineering Advisor Cliilty s , p' y, IIII''te,m�r„liigin mmf Ili Ili' °°'IIIC°' IIFlliase 2,, I1 o of Ill mmm arm f e c�s IIII' ,x. �mmm IlClmr,t:lurmm Illl ,iiillrm�mro Colurm,t;urm.mct°liim�mlurm u'umtlllrumm�lurliit. ung6llle,5, CA - Subconsultant Project Manager Giiit:y of Ainallliieiirrii, AiriaI16iiririi IlRapid ("Pommmmectiiiomm Streetcar, Airiali4iii°lamb, C- Engineering Project Manager OC Stmreetcallr, Salmmta Aina aurmld OmmIIrdeliin Cmrove, C' - Project Manager Ciiiit.y of „Smut° IIPSoirmlica, Ocean IlllllllIaurlllk IlklllJoUlllevallyd Courulrmll llllete Clureelrm Stureet: IPllroject, Sam°mta IIY olunliiica, C - QC/QA Manager Gurty o' West �ovmlmaN Azusa Aveurse/ ururalr II oad l lur1eurse�c'toln Illllurr,IuIIiiroveurm,elun,ts, West Coviina, C - Senior Engineer 01y of II....a IIIP°°IlIall4sura, IIIP°°Ill lalrllbolurfllllalm°nbeurt; Ill lint�eirsectliiomrm Wideinliiirq, II....a III lalbira, C - Principal -in -Charge Ciiiit.y of IICIIIItlli.meina IIII''Ialurlk, Airtesia IICIIIIfm~,mlli.mllllevaird Illlurmmlll4surovelmmmelrli�ts, IIII'II'tm.wina IIII''Iaurllim.,, CA - Project Manager Cliiit:y of Seamlll Ilfllliteach, Seallll Ilflllteacllim IIII'Itouullllevmmurd Illllurllmllfmmuroveurrlrml rlurmtts, Seallll IIClllteaclh, C.- Project Manager Cliiity of IIN e ltoi t IlBeaclllhm, IIEast Coast IIII°°°Illliglllm ay Siiif11inam 111 IIII''telllVmalllsliillllliiitrmtliimmurm Il[)esliigmrm, Ilfte l ourt Illlliiifeammll�m, C - Project nnrQ,-t-r City Council 25 - 31 3/16/2021 11�:',Ilty of SaintAiina 11RII II)71006 2020 Kimle '�)) i Quality (.3 ontr()YQuaf t.Y Assurance Kirk has more than 34 years in civil engineering practice, with 22 years of managerial and supervisory experience. He is a strong leader that sets and models high work standards and consistently builds high -performing, competent, and creative problem -solving teams in Inr�w tdsmniiiounallllCIlredelin'filallll * Bachelor of Science, Civil Engineering, San Diego State University * Professional Engineer in California #C46482 an open and motivational work environment that focuses on team achievement while building individual capacity and competency. Kirk previously worked in several departments at the City of Chula Vista and has an understanding of local agency policies and procedures. Kirk also has knowledge and experience over a broad range of civil engineering practice, including: project management; contract management and administration; civil engineering processes; budget processes; civil engineering practices and norms; and, pertinent local, state, and federal rules, regulations, and laws. Relevant Experience Ciiiit.y of Iltf;liialllhto, Ili'uriiiisble IIY°Ianrlk Se eulr Ill....liiif't Station IIIC"fesnigurn, IIY liialllhto, C — QC/QA Reviewer Ciiiit:y of IIldatoi ournallll Cliiity, A Aveinue Gire(lNin Sturee�t (iiiurm�clllln.ndliilun�g Il liiunnulll�)allllllll IF'° aurlk), Illrfataiionnallll City, C — QC/QA Reviewer ffalllhtllraurns IIII..°f t t„Vrpigt IIII...."funiiiivr null ,d IIYfllourttli, Coast Corridor IINCCj IIIlurnlnlll uroveii nruueur'nrt,s Sanrn IIICIiiiego, C — Project Engineer Cliiity of Sane IIII''fiiiego, IIII d Il14()lurtJlhn Coast 1&IC IIII'f allrnd IIII'�S „JIC , San IIII'fiiiego, CA— Project Engineer S JIYdIIIC) C, III II,,Iiroadway Coururliidoulrfllll',,: 111"Z°°'lIY°° Statlii irn IIIIIIIIIII!unf,,tliinrne � iiriiiiunlug alund f oulrrn�ll4 llllliiaurfce Clliiiiiii!C j, Saurm Diego, C — Project Engineer Cliiity of Escondido, ndliido, Safari IIY lairlk Wastewater °"'IIY°"ureatirrneurnrt IIII'°)IIIlaurnf (ateir IIII')161I6neIlllliinrne tI grades aurlud Safaidi Il aurlllln Giraint SiIuIIY IIY ourtj, III IIIIIIIII�scoundiiido, C — Project Engineer ,' linty of Ilkllllllli1llll C'euntulro, Aqq natliic Celintellr„ Cointllro, C— Project Engineer G[ty of "Hoy IIMesa, IIIY�I,J III[)ounuova n i CIII[)CIlit I evellll IIIIIIII Illlurn,fliillllllll Facilllity, Otay IIICesa, C Project Engineer Ciiiit:y oaf IIEinc�liiuunliiit�as�, f�� e ellr f' nn°I�:fa ll....�lil16niiurn�g aulnd City of nSoIIllaurllua IIIIII...'teaclh, Ill llurnveur°t:ec�t Siiiillfnllhn�n�;nun IIWd6llloca,fliiioin�„ unnnliiinnliitas, C — Project Manager S IIY' IIII''f Ott, 11t:llhn Aveinue Illlurulnllll unoveururuleur°nt:s, Saurn IIII''fliiiPgo, C— Project Engineer S IIY%) C, Soutllhn IIII''fay II@''''tss IIIIIallllniiid °"'IIY°"lurnnunsiiiit IIII''''''tIICR IIII'"'j tay IlYf esa Ill lnrntenrnrnrnn:ndallll °"'IIII'"'uralllnsiiit (mfeintellr IIII°"'IIII''°C) IIY'liinrnallll I"11fesliigln, f tay IIY esa San IIII"111iiiegn:n,, C — Project Engineer Cu irirnunnnaulunliity Corridors, II14atiiiioin4lll City, C — Project Engineer y IffIIIC"f Cf South ay ny II@''''furus IIII' aIIl liid °"'III'°"luraun siiiit �IIII''''fIIC°"'IIII'"'j Ildast IIII'°°Iallllonrnrnanr Stlureet Segurnneint; Ili'iiinrnnullll IIIC"fesiiigurn, San I'Xiiego, C — Project Engineer Cuufy of Escondido,Illl sconndndo III ur°aunsnt Celun�felur r:°rt:uuve fllr;nllrnrnllp()nwfatnollrnCollrnllrnectnollrns, Ildrncolr�rfnnto„ C — Principal -in -Charge Clint i�° '� 'liii �nt_lii Qlt: — Project EfiOPM21 y fy IIC'e�urarflii,�e lure�llll IIV"n,�.�tourat:liiourn y,,� Gywir iiiil '��i; �l:m� Civil Engineering and Bikeway Design Gyan specializes in rail design and has experience with freight, passenger, LRT, and streetcar projects. These projects have involved major mainline and industry track relocations, preliminary streetcar alignment and maintenance facility layout, and at -grade crossing improvements. In addition, Gyan has experience with roadway and site civil design, enabling him to provide efficient rail designs with interdisciplinary coordination. He has experience in variety of software programs such as AutoCAD, Microstation, AutoCAD Civil3D, and Bentley Rail Track. Ilir�wmtd smniiiollinallllCIlredelin'fiiallll * Master of Science, Civil Engineering, California Polytechnic State University, San Luis Obispo * Bachelor of Science, Civil and Environmental Engineering, Seattle University * Professional Engineer in California #85031 Relevant Experience G[tyofSaintaAina, WairineirAveinue Sfurm������ef Illluormllltmurm�nvm�munrlulelurmtmn�, Sairluta . urna, C . — Project Engineer Cliiit.y of nSair'Aa Aiiria, Saar°mta Aiina II Bollullllevallyd S. ,Stlll�uu Stireet. IIa��)irotem;;.ted IIBIiilllt:e Illl....aurne Sainta Ana, C — Project Engineer Ciiiity of Sainta Aiina, Soutlllln Main Stllreet Coirrliid mur IIIluinnlltpiirovelunnlelun'l:ms, Sairlita Aina, C Project Engineer rA 1'°t"lhi Stireet Grade Selllh airatliioin III I��)iroject, Saur1a Aiinia, CA — Analyst/Rail Designer Giiitty of .. Iunalllln r^iiilurm , Alurmrmmlllneiiiiinrlll II[Za Ilid Colunlunectliioinm (AIRC) Streetcar,, IICIIIIIIIiunivliiulrmmurnurunulelur°mt,allll IIIIIrIIInIIpamr't IIII'°fZg oiirt/ . Ili , Clumviiiillrolun�lunlrmeurmrt.r�llll m. j j„ (";A —Analyst ,rsmssurmnle�lurmt usa nn��llillrllln Coi.mlnty of Illl....os ungellllesf Illalurneda Corridor III IIIIIIIII�ast Cour��,iimr,tlurm.mc,fliiicmurli� m�itllllncmllriiit„ , Road Giirad Selpallra'taiiioin IIIII�"Illhruase^ IIIIIIII„ I os Aing&les Colluint.y, C —Analyst Cliiity of Illli ndm. stiry, fLuIIIIIIIk lurtourn IIIFtoad Giirade Sqlpairatliiourm, 'tli[t:y (A IIIllndustllry, CA —Analyst C liiity of Sa urm IIII.".t iiiego, 1116���� 5 I14 olurth C(mast 1��) .fIIIIIalurmd S'taff m,mi g lunlrme�urml,ta,tliiolurm 1116����5 Illh°°�IIIIO i�x�te�urms lii����lu m P'S&111IIIIII!„ Salun IIII'tiiiieg u — Project Engineer Cliiit°y of ""'IIII"" liiurli Cliiit:Iiiies, IIBottliiiinumau IIIIigIIit IIiRtaliillll ""'llr""uirairlmliiittW ""f" liiirl� Cities, II Ift Analyst/Rail Designer of tllllalulnt.a, tllllmm.11rnta. IIII'''''fedllltliilunmm,u Illlllrmc IIII.fesliiglun 115urmgliiiluneeurli aurmnf Cmnurnmllllt:iiillnt four° estsiiiimfe °"'III'°"IlnallNnsiiit Cliiity uonnf f Coururliidour„tllllalurnta, GA — Analyst/Rail Designer Cliiit.y of IIV°Wust:olun, Counuruulurnuteir /ouiruirliWour IILeasiiilbiilllliiiit:y Study, f;""rfUllhf Coast: IIiI?aliillll III I��tliiisrturliict, IIV°°Ioustolun, Analyst/Rail Designer Ciiiity� �� n� n �°' y o� Ilkl��tor�°nm IIIII'tatm�lurm,��� IIII'°IIII''t�""'ll� ��tosa IIII''°'tat�ourm uriii�������llll""lii��t°ataiiiounul Illlliiii�umvliiluralunlunnurlurut�a sound IIII°° one liiurulnliiiurm�uin ungliiurmeeluriiiiuni�g, 113mmca Ililtatolun, IIRI — Project Engineer City Council 25 — 33 3/16/2021 11�:',Ilty of Sainta Aiina 11RI1n11)77006 2020 Kt le '�)) i IIIIF�I�� iii� m����t �°°° Ll 4 11� m mny� i� um m uur ui i �V nhm�i Water Quality and Sustaa'nabittty Rich is a recognized industry leader with 28 years of experience in the fields of civil engineering, stormwater design, and water quality analysis. He brings specialized expertise with hydrology/ hydraulics, BMP design and construction, drainage infrastructure, stormwater permit compliance, feasibility studies, plan checking, and third -party review gained from successful projects completed for numerous California municipalities, counties, schools, Caltrans, private developers, and the U.S. Navy. He will bring the City of Santa Ana relevant subject matter expertise with: engineering design and bid packages for Public Works Capital Improvement; stormwater modeling, hydrology and hydraulic analysis; Municipal Stormwater Programs and TMDLs; and BMP Design and Performance Analysis. Relevant Experience * Cliiity of Sain Cllllelorrlueunrte, IIII'''''''ast Avelunliiida Cordoba IlCfuluraliiurrage" lllu°ru°°Ii�llfuurovelurnrulurut:s, Saluru Clllleurnelunte, C Project Manager nlriwifdsmsiiiolnrallllCIlredelin'filallll * Bachelor, Civil Engineering, University of Delaware * Master of Engineering, Environmental Engineering, Pennsylvania State University * Professional Engineer in California #58089 * California Certified Floodplain Manager * California Qualified SWPPP Developer/ Practitioner #00043 California Construction General Permit Trainer of Record (CGP-ToR) I°Iulrofessiiolurlrrllll Affiillliatioins u t;e IIV our °e d elan lii ur ,.f IIIC° liii lu lu allll Ir3S&F yff engl ii veluul ( u. ' �urlllna IIII... lndlu�ru' ruu<uulllle mn � California u urru�u fll°olllre uoYfo 2r .�lu Iliilsi � ula IIII'''' „ �vauru ra f Stormwater Quality 2furainge Cou.uurufy„ C — Discipline Lead for Stormwater Design Association (CASQA) * ffiiiit.y of IIllllllllisuroourludliido,N IIII°°°Illlalllle Aveiiriae Ilifesouulrce IIII'°ttecoveiry BMP Sub Committee acliiilllliiify IlllllllfllY IIII' Retrofit IIII."tesliii fllnY IlFscolur4iii fo, C Project Manager and Engineer* * Cliiify of IIllllllllir coundliiduu„ Sllprunruuc.e Stlureet 011°ranrlunrlu6ll Illlnnmllfunrovenrrrennts, IIl.......;snrnuluuufliido„ CA— Project Manager and Engineer* * (tliiity of Sawn IIII'fiiiegof, Srfuuflltlmiresf: IIIY'Ialhllk III IIIIIIIf IIIY1rufurofliif, Sain IIII''fliiiego, CA — Project Manager* * f"'�'0�liii�fy of Salon IIII'�'fiiklg i�, Illl������ogan IIV°"�tn�uliiglhts III��������IIIIIIII����f IIIY'f.u�.�Yt°ulrofliit, (faun IIII'fiiiego, CA — Project Manager* * 0i1y of Caurllllslllnad, Qun�������(�fallllllll Sf.0 i�uu urnmwateur IlDesign Seirvices, Cairllllslllsad, ("f — Project Manager* * 0i4y of Ilialkesliide, Woodside veiinuuue IIII�� oraliiiurlmge IlllurrrmIlf�)uroveur°uninrlurt,ts, IIValkesliir°fe, CA — Drainage Task Manager* * Saiin IIIC"Yiiego Cou�ulurity Ilffegiiiionallll iiurllpoirf. ut°Illhouriiiity, IIII'�'rllllrase IIIIIIII Strategic fuftoirornlru Wateir IIYSasf:eit Sain, I���Yfiiego Cou iri,ty, CA — Project Manager and Engineer of Responsible Charge* * INafiiionnallll Cooperative III°°°tliigllllr ay IIleseaurclh IlFlirogirainin (IINCIIII IIIIIV"ZP 2540), IIINatliir°xn fide — Discipline Leader* * County of Illos Anff6llle s, Guree in Al1ley II asWteir IIII"''rllllaun�, Illos Anff6llles C�ouulunty, C— Project Manager and Engineer in Responsible Charge* * 0i4y of Sawn IIIC���°fiiiego, 20 III""""o lururlpac't YSaurlket Stureet II��)iroj ^cf, Saiin Ifliiiego, CA — Project Manager* *Prior to jOW§g(:5I yCNorn 25-34 3/16/2021 IKimley�>)Horn C1111y ofsaun�l�a Ana II1w1l1,l�)770062020 as o e IIIII C 0 Traffic Engineering Jason has 20 years of experience on traffic engineering and transit design projects, and has worked with clients in Orange, Los Angeles, Riverside, and San Diego Counties on a multitude of design projects. His traffic engineering experience includes traffic signal design, signing and striping, traffic control, street lighting, signal interconnect, and ITS design plans. He has served as a key staff member on many mrrwmtdcmniiiomnallllCIlrettelin'fiiallll * Bachelor of Science, Civil Engineering, University of California, Irvine * Professional Engineer in California #65218 mrofessliiourn�allll 'ylliillllliiattiiolmns Institute of Traffic Engineers (ITE), Member Oran e Count Traffic municipal transportation studies, and traffic and civil engineering g y design projects. He is proficient in Synchro, SimTraffic, and Traffix and Engineering Council(OCTEC), Member has used the different software applications to analyze operations at intersections, arterial corridors, grade separations, and freeway ramp projects. He has also used the simulation tool to present at public and agency meetings. Relevant Experience Giiity ofd ar'ta raar.m a lna :Wmlusvar an5�,rrm :li omay, Samrta Aiina, C — Project Engineer Cliiity of Samnta Aiina, Souuttllln MainStureet; Corridor Illlmnilltnuroveurlunelurmtmlu�, Samnta ur°'ma., CA— Project Engineer Ciiiity of Ain6tieiim, Celurm Aiutiry Way Illlurinulltmuroveiinnueunt s„ mrmalltrueiiiiurunu, C — Project Engineer Ciiiity of a llllemrmdalllle, IIC 'urolposliitliioin 84 1t iteelorm St.ureets IIII",)emnrmolurm ,tiiratliiolun IIII'°I°ruroject„ fu llllemndalllle, CA — Project Engineer Ciiiit,y g s s y, IIII'lesiiigurm� of III IIw' °"'IIIC°' IIi� Illhase 2„ I1 onk m°m m�:ms us a^ e� .... a uo Metiro ,lumnnb Construction :luoluln uun : rumm�mrm :„ .b mngelllles, C —Traffic Design Lead Engineer Cliiity of Saurluta II omrniiiica, Ill.........liimrmcolllllurm Aveint,iie IlNeiigllllnlbolurllllnood Corridor Illllucmnllplurovelurmrm(mums, Samnta IIMourmliica, C — Project Engineer Cliiity (A Samnta IIIMoiirmiiiica, Giit,ywliide 18ii1llllne Ill....aur,lliem��,m Slurrillllluiiimng, Saur�rt°a IllMollurmiiica, C� — Project Manager u of 118IIII IIMolunt:e III I'fr�mirniomrma IlBolu�mlllk?vaurd aurlmd mnlllllllley "lommllllevalurd Ill lmntemrsecfliiiomn� Ill lmnnlltummovem°lunelunt, u t y Illh°° Molunte,, C — Project Engineer Cliiity of II[,3tmemna IIII''°°Iamrlk, Comnnulllullllet:e St:ureets II astern IIII'°°rllllauNn, III;3mruemrna III°)amrlk, CA— Project Engineer Cliiit.y of Ili' e pourt IIP;III1ean°rllltm, IIEast (toast IIII°°°Illlliiiglh ay Siiiginallll IIII'°tellllnalltnliillllliiitatliiourn IlDe sliigin, Ilde pour( IIII';II1eaclltm, CA — Project Manager Cliiitty of 1118e 18ourt IICIIII;eacllt°lu, IIV'°°"tif 17/18 St;ureet:llllliiitflht Ill llunnlllfmrovelunnuemrnt° Il uroject, IIII' e lfpomrt; IICIIleaclh, CA — Project Manager Cliiit:y uto Cemnteur Ili'lmrliiive °°furaffliic Sliigirmnmullll aund IIIMediiiamrm IIII'fesliigurn, Ili'''funeurrm IIII'Iaurlk, C o u.meurma .slur — Project Manager Cliiity of filolllleta, I13'�edmmstlurliialuriu IIII°°1ylltunurliiinf 11Beacoin at Ild;liilunllstourlufllll'fllll'f.IIICIIII lllllii't at CIIIVnr ll4u6lll, tdolllklta, CA — Project Manager Cliiit.y of,1u irunmlpa VW1Wy, IIII....iiiimnuriioiniite vein' m.me III'redestur1iiamn IIII°°°III Iltmlurliiid 11Beam: oini, Juuuuru ua alllllllle C y 114 yb CA — Project Manager City Council 25 — 35 3/16/2021 1,111,11asari i> IIII , IIII �,�» IIII ,°MYt;,,� IIII iIL „IIII IIII a� IIII IIIL IIII , IIIh , IIIL , ", IIIL a» Utility (..'o ordination Jason has 18 years of experience in civil engineering design and management, primarily focused on public and private land development and utility projects. His technical experience includes all civil design aspects including grading, drainage, and utility design, along with extensive knowledge of water, sewer, hydraulics, and water quality standards. Jason is well -versed in all of the Southern California Ir�witdsmriiioirallllCIlredelin'filallll • Bachelor of Science, Civil and Environmental Engineering, University of California, Berkeley • Professional Engineer in California #63164 Leadership in Energy and Environmental Design Accredited Professional post -construction water quality requirements, including the 2011 MS4 permits for both north and south Orange County. He has worked extensively in all counties in Southern California, and has successfully completed the design of several projects in Orange County and Los Angeles County ranging from one acre to over 100 acres in size. Cliiity of ustlii 'i, IRed IIV°°tliiIIIIIIII Coiririiidolur SIIp ciiiflilc IIII')III4n ainrf Illllllllll f, ""t"ustlin C — Project Engineer Ciiiit.y of IIia Illh°°IIIaIIk�)Ilra, a IIV tallkrurataIIrIIP oIIrtIIIIaiIIrlln ll eIlrt IIII Iirteursectliioin Wiiic�teiniiiillrilg, IIia IIV talbirai, C Project Engineer Cliiity of Ill....oi g IIIII'ii,IIear�rllh, Ill....a IlPeiiiina Couur�t; IIIIIey Coinp llllete Stureets IIII��3iroject jCureein, Shureet 110 esiigirrj, II 0I11rig IIIIYIIfearrlh, CA — Project Manager t eiiling„ III I''toufflllla r Il iiuirllll 111 oing IIIIYiVfrroaollhm, IIII oirig Illlliiifeaolllhu, C — Project Engineer Cliiity of IILJIII IIYdollrrte, SairiIa Ili'e ""t"Iuraliillll IIYNIIaza, IILIIII IIIIdiolinte, C — Project Manager C"uururacr ,� at: aveurlllly jllll''�Ilhuase Illlj, Io urigrilllles, C — Project Engineer w, a h°°� �, .y .. � ��� .. s � :. �° II���������os ing flllr�a��:r�, C�, — Project Engineer aur.. r."ilur . C f'Y;Iut° e a a�iurrtr�ur �wi.�telur .. alu�uu„ firviii lllt aIu°°d Coinli innelurce Ceurft:eur, Coiurlrip'toiun, CA— Project Manager II olurna Ill liillllrlda Arriibtfl4toiry Caire Ceuriteir, IIII oiirina Illl inda, C — Project Engineer • NoirllhiruMge iaurturmuY"Iuleilmita Courmiurnulrrmrriumiiit:y,,, III'' ollrtlllhiriiidge, (',:A— Project Manager • II°''t.oclll etdyi"ie/Ull'"'t"C Calurioga 1'31aulrllllr f;/aunrilpus IlMast°eur IIY''rllllauom�, Cralinoga IIi�'raurllllr, t„"' — Project Engineer furoolllr° Vied 116'esVidelnlfVua. IIII'°31IurolltrriurtVie s, Ainnoirtiso IIII''trruriellh IIY aiiteur IIC airiiria^d Coirninrittinity, 116'orrevVu r;., „t — Project Engineer II�31'motov6llhtaliic Geurieluratliiioin Ili�'acliillllliiity Y'° aIIIIIIrIIri�rfalllli����i� IIII' alllluririi�falllle�, CA— Project Engineer City Council 25 — 37 3/16/2021 IKimley�>)Horn Q lly of Sain,i�akna IIIwII:I,[)77006 20'0 ��°���,'�'� a ii �i a S, Sunley Pasadena City Col lege Rancho Santiago College rrotessionai Camden began his surveying career in 1981, and has experience in Licensed Surveyor in field and office surveying work. His field and office experience includes California #6755 plane table, control (GPS and conventional), construction layout, and topographic, ALTA, boundary, right-of-way, and map processing projects. He has had extensive training and considerable experience in deformation surveys and computer aided mapping and electronic gathering and transferring of GIS survey data. Camden has extensive experience working on transit projects dating back to the mid-1980s working on the MTA's Red Line, Blue Line and Gold Line Extensions. He has successfully managed hundreds of projects during his tenure at CH&A by creating, establishing, and implementing systems which delivered a high - quality product to CHA's clients' satisfaction. Camden has effectively worked with METRO, Caltrans, large engineering firms, and numerous local public and private entities. estsliiisl e IIIIIIIIIII�xtmtV, Westside Section 1, Ilios un�g °^IIIIe^rs, C— Project Manager for this multi -million dollar project is currently constructing the subway nine -mile extension from Wilshire/ Western westward, with seven new stations, under the heavily populated areas of West Los Angeles. CHA is providing on -call construction management support surveys. Mr. Cabrinha's extensive experience in tunnel -related transit systems was essential in delivering high -quality surveying services. Under his management, the firm's crews perform horizontal and vertical project control verification and densification surveys, and exploratory shaft site monitoring. In addition, the firm also provides advanced utility relocation as -built surveys and mapping, advanced utility relocation layout and construction staking, utility plan verifications, monument preservation and restoration, and topographic design/as-built mapping. Geocouo°mmlp, CireinsliawfllAX °"'llr°"'Irainsliit° Corridor, Itos Aingeflles, CA — Project Manager for this light Rail at Grade, Cut and Cover and Tunneling project. Survey support for Geotechnical monitoring. Mr. Cabrinha successfully established a survey work plan to deliver the firm's contractual responsibilities which included establishing survey controls for structure monitoring in areas of excavations and tunneling; setting building, surface and excavation monitoring points prior to construction; daily monitoring for deformation; preparation of daily survey monitor reports; deformation monitoring during jet grouting operations. Oln����C4ll1ll StAirvey f ointiract, Sainta IlMolusliiica, C — Project Manager for this multi -year, ongoing contract for miscellaneous as -needed surveys. Camden creates a strategy for delivery of contractual obligations, and personally reviews all work performed to ensure deliverables meets all City guidelines and the firm's quality standards. Services performed include surveys for measurements; topographic design surveys; street x-sections to locate and map existing right-of-way, utilities and culture for the design of public improvements; right-of-way mapping, and preparation of legal descriptions. City Council C1111l f SaiM urn ,IIII); ly iJ� Jf"Cy 25 — 38 nos riGou+nw?� &hair � ism �i�ftNst VV r ��, ��n,,t '�l�me,i��` �!�� m(���°°�"f°°,��t t��ff� �`����`' t:,:) Need et, Kimley-Horn's project understanding comes from our careful review of the City's zoning maps and General Plans, site reconnaissance, aerial photographs, and working experience in the project area through the Warner Avenue Street Widening and Main Street Corridor Improvements projects, as well as our recent experience on the protected bike lane design for the Santa Ana and 5th Street Protected Bike Lane Project. The City of Santa Ana has a great opportunity to complete a critical element to its active transportation network in the eastern portion of the city. The project is to construct a directional protected bike lane along Warner Avenue between Oak Street and Grand Avenue. Warner Avenue is a major east -west corridor that is used by both local residents and daily commuters. The street is classified as a major arterial per the City's adopted General Plan Circulation Element. Additionally, the Grand Avenue intersection was identified as an enhanced intersection. Warner Avenue and Grand Avenue are transit routes per the Orange County Transportation Authority (OCTA) transit system map. Per the City's zoning map and land use element, parcels between Wright Street and Standard Street are defined as industrial and specific development (office) zones, and parcels between Standard Street; and Oak Street are defined as light residential on the north side and both light residential and open space on the south side of Warner Avenue. Major existing facilities within the project's proximity include the Orange County Fire Authority Station No. 29, Delhi Park, Monroe Elementary School, Cherry Aerospace, and Heritage Paper. Three major intersections include Grand Avenue, Standard Avenue, and Halladay Street, which are all currently signalized. The proposed improvements will include utilizing various treatments to create a Class IV bike lane and enhance bicyclist safety to better serve a diversity of ages and abilities. Essential elements that make the proposed protected bike lane more attractive and safer for residents are: bike lane connectivity to local destinations, accessibility, pedestrian/bicyclists conflict zones treatment, and bus stops treatment. There are many project elements to consider to improve the corridor for better access and improved transportation features. We envision the following goals for this project: * Timely delivery of design to meet the City's deadlines for funding Incorporate construction phasing design features for construction activities between street widening and bike lane projects Complete a significant part of the City's bike network 41 Improve pedestrian and bike safety with raised medians and enhanced pedestrian crossings Improve pedestrian and bicycle access to and between local destinations for all ages and abilities Provide cost-effective and low maintenance design solutions 0 Provide seamless design with street widening and utility relocation W(.,,)I'k / 1 pr> ,,,)cl'i Meeting the City's deadlines for funding and providing design solutions for construction phasing are vital elements for the design phase of this project. Obtaining approvals for various tasks and phases of design from stakeholders such as funding agencies, City departments, and utility agencies may impact the project schedule. Our experience working with the City of Santa Ana, OCTA, Caltrans District 12, and utility agencies with facilities within the corridor made us very familiar with said agencies' requirements. We know who to contact and what lead time we need to consider to receive responses or approvals. We will initiate coordination for each task in the early stages in design and will utilize our experiennP to navigate the design activities to rPdurp nn�4 potential delays in the proreGs_ City Council 25 — 39 3/16/2021 IKimley�>)Horn 7 QlyofSaintakna The Warner Avenue Street Widening project has a longer construction schedule than the protected bike lane project. Construction phasing is paramount for reducing the cost and potential schedule impact for both projects. Two major construction activities that can start as part of the widening project prior to bike lane construction are utility relocations and storm drain main west of railroad. Primary street widening construction work can be ahead of the bike lane project. Temporary traffic control measures and design features such as temporary asphalt concrete (AC) berm can be used for traffic safety and temporary drainage purposes. Another element to be considered is integrating the design with the Warner Avenue widening and Standard Avenue protected bike lane projects. Both projects are expected to be in construction simultaneously. Therefore, providing design solutions for the ultimate condition will reduce the construction cost for all three projects. Based on our experience working on identical projects —as well as our recent working history with the City on the Santa Ana Boulevard and 5th Street Bike Lane, Warner Avenue Improvement, and Main Street Corridor Improvement projects within the same area in the city —we have prepared our approach to the primary design elements of the project. Forms of separation —A successful bike lane facility seeks to provide more protection for bicyclists specifically at vehicular and pedestrian conflict zones. Choosing the right blend of form of separation will enhance safety, while considering construction cost and right-of-way impacts. Per the FHWA Separated Bike Lane Planning and Design Guide, raised median width can be reduced to 16 inches in constraint areas. Delineators can be installed on median noses where visibility for large vehicles is a point of concern. Bus stop treatment — Bus stops are a point of conflict between pedestrians and bicyclists. Providing advance warning signage and striping for the bike lane will reduce chance of a collision at bus stops. Other treatments can be utilizing a raised crosswalk at the transit stop island platform. This option will result in bicyclists reducing their speed as they get close to the bus stop. N .. 'd e,:f liia lurm widtlh cajun Ili e inairro ec] at colunstllraiiilunt alur as w aF l aliised cluros,"Iiwalllllk aurmld adoquat�e advainc(::, sliii iniiiurruff ()irlllllltlioince safety at tiralri�siii't; stops City Council 25 — 40 3/16/2021 I:.iilty of S„wunta Aiina 11RII,II)77006 2020 8 Ki le �))i Sight lines — The safety of cyclists and pedestrians is a direct function of sight lines between all users of the transportation facility. Sight lines with vehicles must be adequate from any location that could result in a conflict, such as intersection turning movements, driveways, merging, and parking. Evaluating sight lines at the initiation of project work by recording existing sight line deficiencies in the field observation will accelerate the design. Our designers will seek to eliminate or improve existing deficiencies and review resulting lines of sight on the design base. Driveways — Driveways present one of the most common conflicts with cyclists since they are typically uncontrolled and occur frequently along the alignment. In addition, driveways tend to be a common area where restricted sight lines cannot be feasibly mitigated. Our team will review driveway conditions and note those with sight line deficiencies or other elements that may lead to potential conflicts. We will also identify commercial driveways with significant traffic volumes. At these locations, we will consider adding signage and markings to warn vehicles of oncoming cyclists. For unique conditions, we will consider warning devices or other treatments to notify cyclists and potentially slow travel to promote safety. l'IIV°°i Sepallrat.ed IIII'fliilke^ Ill....aine alu d IIDesliigurm Guide ......, Guiidaunc;e °IfoIIr mtlriiiioe ay t.Iureatii meurii�t Providing safe travel for bicyclists and pedestrians is an important element for creating a safe corridor. A successful bikeway facility seeks to reduce motorist, bicyclist, and pedestrian confusion and potentially unsafe condition. Sight distances at sharp turns, high speed vehicular traffic, and distracted drivers may cause unsafe condition. Also, bike facilities in congested areas and adjacent to pedestrian sidewalks, drop off zones, bus stops, and crossings may cause unsafe conditions between bicyclists and pedestrians. ADA improvements need to be considered to provide a safe, walkable, and pedestrian friendly corridor. Water quality management is an important attribute of sustainable design and low impact development (LID). While the project provides a great opportunity for water quality improvement, the corridor falls within a protected ground water basin. One solution we recently used for our Main Street project was using precast bio-treatment devices. This helps in meeting the project's goals for stormwater treatment. Non -vegetated or covered devices can be used to meet ADA requirements and reduce maintenance cost for planting. The project's construction costs and landscape consistency will be considered for the design of ato; Glwality ioatw;es City Council 25 — 41 3/16/2021 IKimley�>)Horn 9 QlyofSainlakna III wI1:1,[)7700620'0 11ifitle Utility coordination is an integral element in the design and implementation of the proposed project. Complete and accurate mapping of existing utilities is paramount for maintaining the overall schedule and budget, especially during construction. At the start of the project, we will initiate the utility coordination process with research and field observation. We will develop a list of utility contacts and document communication using a utility tracking matrix. This information will be translated to our plans, specifications, and estimates during the design process. We will perform a final confirmation of utility considerations through our quality control process that compares the utility tracking matrix data with the bid documents. Below are other elements that we will consider in our approach in the design process. '' ' ^r.t'fve f°fominut7fcat'fon Communication between our design team and the City is critical to thoroughly understanding your vision and implementing the innovative and cost-effective solutions that our team is known for. Effective communication begins with listening to the City of Santa Ana's ideas, concerns, and goals for its projects. Making certain that our team and your staff are on the same page throughout the course of each project will help avoid or mitigate potential problems or issues that may arise. In our experience, successful techniques include monthly progress development team meetings (PDT) and monthly progress reports, regular conference calls to keep you abreast of critical issues, and ongoing electronic communications among all members of the project team, including e-mail and an internet ftp site dedicated to the project. Project Cost ar)d Ccfiedtile Cofif of Kimley-Horn has an excellent track record of completing projects within or very close to established budgets. The ability to control project costs and schedules throughout the progress of work is the result of a strong commitment to do so, a thorough understanding of the project, and incorporation of this understanding into project design drawings. The ability to control costs and schedules requires many of the same actions and attitudes. Strong communications and use of experienced personnel are two effective cost control mechanisms. Other critical elements play a key role in controlling costs and schedules: It is essential to develop a clear understanding of the project scope early in the process. A project budget is only as good as the clarity of the underlying scope. The project team must be well -organized and exhibit good teamwork. Good communication is essential. A breakdown in communication can easily result in a failure in project control. These fundamental principles apply to the entire project team and the design teams' internal work effort. The strongest proof of Kimley-Horn's ability to meet schedules and manage project costs and controlling schedules is our high percentage of repeat clients —approximately 90%. f"fe ffcatioo to iaffff( Since its founding, Kimley-Horn has aggressively pursued a commitment to quality for every task, deliverable, and service provided by the firm. Recognizing the importance of careful quality control, Kimley-Horn developed a quality control/quality assurance manual that every program manager is required to know and use. We strive for our procedures to facilitate the delivery of high -quality services that satisfy your needs. We have assigned Kirk Ammerman, P.E. as our QC/QA manager for the project who has many years of experience in municipal bikeway and roadway projects. City Council 25 — 42 3/16/2021 l:',Ilt of m„wint in RII II)71006 r'020 10 Kimley'))i Our QC/QA program is based on the philosophy that: IIIII I, I III • Qu4111iity liii,s a&"fliiieved by adequate planning, coordination, supervision, and technical direction; proper definition of the job requirements and procedures; understanding the scope of services; and the use of appropriately skilled personnel performing work functions carefully. • Qt16111iity liiis coluntirolllHlled by assigning a manager to evaluate all work and procedures followed while providing the services. • Qi,4lity liiis se ruin ,,,ed through the careful surveillance of work activities by individuals who are not directly responsible for performing the initial efforts. • Qt,4liify iiiis veiriiifiiied through independent reviews by a qualified staff member knowledgeable of the processes, procedures, documentation, supervision, technical direction, and staffing associated with the project development. While quality control begins with the team assigned to undertake this contract, our QC/QA program will include thorough and independent reviews of the project documents and supporting data by key team members on the team, as well as by Kimley-Horn staff not directly involved in this project. Our QC/QA program will include, but not be limited to, the following procedures: Our project manager has the complete authority and responsibility to direct all project efforts including QC activities. An internal "kick-off' meeting will be held with the key project individuals to clearly define the scope of work and objectives of each task. Project decisions will be documented in a matric format initiated by the project manager. Support evaluations, background information, research, text, or data used to develop a deliverable will be catalogued appropriately in the project folder by the individual involved when the work is performed. * Deliverables will be reviewed and/or checked by the program manager, task leader(s), and other qualified individuals who are not directly performing the initial work activity. Technical reviews, progress reports, communications, problem reporting/resolution, and variance approvals will be prepared. 41 Project activities will be closely monitored through Kimley-Horn's MIS program. With this program, we can confirm each of our assignments will maintain a balance between effort needed and revenue needed to complete the assignment. lMIY P 9m pe" Kimley-Horn has enjoyed collaborating with the City of Santa Ana on the Warner Avenue Street Improvement, project as well as on a variety of civil, traffic, and transportation projects in the past including the 17th Street Grade Separation and Bristol Street Utility Undergrounding, OC Streetcar Design Review, 5th Street and Santa Ana Boulevard Bike Lane, Main Street Corridor Improvement, and Fisher Park Neighborhood Water Main Improvement projects. Our experience and lessons learned from these projects means the City can expect the right balance of technical experience, responsiveness, and valuable local knowledge for the successful implementation of this project. Below, we have highlighted our relevant project experience within the last five years. City Council 25 — 43 3/16/2021 IKimley�>)Horn 11 C1111y of Sainla Aura IIIwII1,I�:"170062020 Kimley-Horn is providing design engineering services for Warner Avenue improvement between Oak Street and Wright Street to expand the roadway from two lanes in each direction to three. The project includes design for a Class IV (protected) bike lane between Oak Street and Grand Avenue and a Class II bike lane between Grand Avenue and Wright Street. Our team has provided design solutions for various project's components such as: intersection treatment, railroad at grade crossing, bus stop platforms, bike signals, water quality, ADA accessibility, and intersections design. A part of this work included improvements and upgrades to the WARNERAVENUE surrounding storm drain infrastructure, including a new 60-inch storm drain within Warner Avenue. This involved coordination with multiple stakeholders, including utilities for overhead power lines, industrial, commercial, residential, and City fire departments and schools directly o- o ❑ - � affected by the widening; and OCTA who use both Grand Avenue (a major ro o� cross street) and m cuuuriulAv�nllu�,roe t Illlaransi��routes as ❑ �o 0 "'So�"�ur Collrui�mll��lllletsd 11ur�� � of Salu�ta urm�� III Cruo�tao�t���, ° I ISeurmunN a ei IIII II ����� Senior 1 Iiivliillll Ill urlm y y gliilu meourN °T'14 54'1 5552FE- -� i it riti it Project. o o School district coordination __ ���' ❑ Bus stop treatment Drop-off/delivery turn out lane conflict zone treatment Transit coordination i;%Ill, ! Aoi,,4 I L,I, a c,) ad 1/11/1 I e I, I' rol ded B!e Arm,',,,',A Our team has provided engineering design services for the Santa Ana Boulevard and 5th Street protected bike project in the City of Santa Ana. The project includes two and half miles of protected bike lane facilities along various streets in the City's downtown area. This project is one of first protected bike lane projects of this magnitude in Orange County. The project consists of bike signals, pedestrian walkway improvements, traffic calming features, ADA improvements, signing and striping, and landscape and irrigation design. The project has involved extensive coordination during the design phase with all stakeholders including the Orange County Transportation Authority (OCTA) for the OC Streetcar project within the same area. The Kimley-Horn team provided the City with alternatives for the design of the bike lanes to provide more protection, specifically in intersections, for all modes of transportation including vehicular, pedestrian, and public transit. Year Coiiiuriiplllleted: 2020 (oUrireintly ujiindellr c�'�Ilrm �tllrlli�ci:iiiiollru III f"Illliiiielunt Ill auruirllle, City of Sallrmta urea III C rota t, Sealu i °"'IIIC"'Itiiolurnas, II5' IIIIIIIIIIII Seinii cur S'Iiiivliillll IIII ingliiluneeirw °714 547 5555 Protected bike lane in vicinity of residential and commercial areas Bikeway design coordination with existing businesses and transit system Ped/bike/transit conflict zone Inter�pt6qyrofsign with multiple bikeway/ped cros2�1-044 3/16//2021 11�:',Ilty of Santa Ana11 RII II)71006 2020 12 Kimley�))Horn `' o t j fl1 PA111 t rl ",, e l.. �,,, r1,l r,J o r 111"o p I "o / I„ l l l l;,' 'I t f.,, A Kimley-Horn is assisting the City of Santa Ana in transforming their existing South Main Street into a revitalized corridor. The project involves creating solutions for street beautification, traffic safety, walkability, bike circulation, environmental sustainability, and neighborhood amenities. The project's specific goals include re -branding the South Main Street Business District with a consistent theme to promote the neighborhood for future developments; enhancing streetscape aesthetics with landscape and hardscape features to create a more inviting and pleasant urban area; improving street walkable paths with pedestrian safety, curb ramps, crosswalks, and other ADA features; encouraging the use of alternative transportation such as walking, and public transit; improving accessibility to local businesses by providing on street parking; creating a low impact and sustainable design for improvements while considering environmental issues; and enhancing corridor safety and security by adding high visibility crosswalks and pedestrian level streetlights. Year Collrnrlllllt°mlllleted Ormg6iiilr°Int1 III 0IIiii4nlrt IIINIIIaIIrIllrne: C.tli ., of Salunta Aina Coint°act, Sean °"'li°"Ilhornlas, I1:t IIII'''''''' , SeIurliiolur Ciiiviiillll Cllrmgiiilnneellr "' 14 647 5666 Similarities to the City's Project. Ped crossing treatment Business district engagement Traffic lane reconfiguration Complete street design 0(,1/ 1, � �)p , ,�;%/rrf 111 l,, l r, ✓1, 1'ir,r ;` illll/,CA Kimley-Horn provided alignment analysis and preliminary engineering services for three gap segments (Segments D, F, and H) in the existing OC Loop, a planned 66-mile- long, mostly off -road path, for biking and walking in west, north, and northeast Orange County. Roughly 46-miles (70%) of the OC Loop was already in place using existing off-street (Class 1) facilities such as the Santa Ana River Trail, the Coastal Trail, and the Coyote Creek/San Gabriel River Trail. The project, which consisted of three segments, and spanned five different jurisdictions in Orange County, closed the gaps with new multi -use paths (Class 1), shared lanes (Class III), protected bikeways (Class IV), bend -outs, pedestrian actuated crossings, and bicycle signals. Kimley-Horn also provided alignment alternatives analysis, color concept designs, support at community workshops, and conceptual design plans and estimates. Year Coirall llk,,,tert 2016 III CIIIIIieunt IIINaulrnrme 0iralnng(:? County 13airlks III Cor"Intact, ""'IIIC""rmrrlr"n IIII'4lii r"IIItiairdr olrm, IIII'Iluroject Iitlalunagelllrw 649 1165 6451 Class II (buffered) and IV bikeway design Mid -block bike way at -grade crossing Multiple bikeway facilities connection/intersection Federal funding compliance City Council 25 — 45 3/16/2021 IKimley�>)Horn 13 QlyofSainlakna IIIwIIr1[)7 00^; 2n;)'0 0`i4 G1', .,, 11 /1 „ l,,' .., L11"" ;Ill/ /'';/I , /I! I"l I I'!;l!,,, ,./ 1,,.,; l II!lci/e„ CA The City of Glendale received a Proposition 84 Greening Project Grant which resulted in the City's first Green Streets project. For 5,539 linear feet of roadway along South Louise Street and East Harvard Street. With a strong emphasis on urban greening, the City's objective was to combine multimodal infrastructure improvements including Class III bike routes with enhancements to water quality and stormwater management. One key element that Kimley-Horn worked closely with the City on was the creative protection of existing catch basins and building the bioswale/bio-retention around the inlets to save cost. This concept also required interface with Los Angeles County Flood Control District (LACFCD) for the protection of their drainage system. Kimley-Horn provided construction PS&E to complete the design of this project. Scope of work elements included the development of street improvement plans, traffic signing and striping plans, traffic signal modification plans, flashing beacon plans, bioswale improvement plans/details, and storm drain improvement plans. This project was so successful that it was awarded Project of the Year in 2017 by the Southern California Chapter of APWA. veaur '' ollrlunilllnllllrr^t °n f, 2016 III Cllliieuruuf IlNlallrrne, City nwn°f Gllelu"nc`fn lllle III Coluritact: Salurlllli:liis Ogalu°nesyain, IEingiillneeiriiilurm t l )llro)eclr pe&iir lllliistl', 818 93 8242 Similarities isProject: Multimodal transportation design Intersection design Water quality features Pedestrian crossings design Mixed residential and commercial area at / t/ 1,/'oij1 „/,,�,1"f1 l`l l.,,l ! 11 it"I l'1"I ll!"'/,';,Ill ,lll,,, /' lil"" ,, (/ The City of El Monte intended to improve the arterial level of service and increase vehicular capacity at the Ramona Boulevard/Valley Boulevard intersection by widening and reconfiguring the existing five -point intersection to four -point intersection. The proposed improvements required right-of- way acquisitions; geometrical design modifications at Valley Mall to allow for right -in and right -out traffic movement; various utility adjustments/relocations; traffic signal improvements; bus stop and bus shelter relocations; and parkway and sidewalk modifications. The project will result in a complete plan, specification, and cost estimate package for bidding and construction purposes. The project's scope of works includes right-of-way acquisition, intersection widening, traffic study and evaluation, traffic safety enhancement, traffic circulation, CEQA, Phase I site assessment, active transportation, community engagement and public outreach, drainage analysis, Water Quality Management Plan, landscape, and street amenities. Year CnnllnnI I3 � n3oliiiirr g III CIIIIiiiielun f IldalirirCii lw: iify of IEIIII Monte III Courn a t, IIPJuradelun Yu, Illf IIII'III .'.'.'.'.'.'.'.'. anfr����urliiillrirl lllr�fef, �flu�„ n�n11311111ii nWorks aurllu f lftJiiIIliitliie�s IIII':,,fliilurectoir, 6255882058 Similarities to the City's Project. Complex intersection design (5-leg to 4-leg) V Ped crossing treatment Tr&iA4tQ@41KAation for bus stops t er quality v v 3/16//2021 11�:',Ilty of SaintAiina 11RII II)710062020 14 Kimley�)) i Kimley-Horn is working with SANDAG on the planning, preliminary engineering, and environmental clearance of more than 30 miles of bikeways across 10 urban corridors. These projects use protected bikeways, cycle tracks, bike signals, bus islands, buffered bike lanes, road diets, high visibility crosswalks, raised crosswalks, pedestrian hybrid beacons, rapid rectangular flashing beacons, neighborhood traffic circles, curb extensions, bend -outs to create low stress bikeways that connect communities, and implements the Early Action Plan of the Regional Transportation Plan. The improvements make the corridors more pleasant for everyone who walks, bikes, works, and lives in the City. While these projects are all within the San Diego urban area, each bikeway is unique. The corridors travel through different right-of-way conditions and neighborhoods, and are located on roads with a wide variety of traffic characteristics and context. To develop designs that meet the individual needs of each intersection while creating consistent corridors, the team continuously seeks out innovative solutions to grow their design tool box. This includes studying bikeway implementations in other cities, current industry literature, and applicable design guidelines to create progressive and relevant solutions that are rooted in proven design principals. We are currently helping the City develop new standards for innovative bikeway design that will likely be adopted. Year Coirnplllete&()iiig6ing J 01eii1it 1110aurnwSauiii Diego Asso&4floin of Govenlimeii1its (SANDAG) CoiiitactChids IlRoirnaino, Asso6ate Ac'flve Tiraiiislpoirtafloiiii R4nineir, 619,699.6920 Similarities to the City's Project: V Protected bikeway design V Bus stop treatment Transit coordination Intersection reconfiguration tit t lational Ci%y CA Kimley-Horn worked with the City of National City to conduct public outreach, environmental processing, grant writing, and final design of nearly two miles of traffic calming, road diet, bicycle, and pedestrian enhancements along Euclid Avenue. The project included protected bike lanes, bend - A outs, reverse angle parking, a new traffic signal, and two UUJ'�, k' WN, Em,cVA, Ave4wz &qjUe, "A Pe4QPH4*, High intensity Activated crossWalK (HAWK) systems. The proposed treatments ultimately improved safety and accessibility for people walking and biking to important community destinations. Kimley-Horn also prepared the California Active Transportation Program (ATP) grant applications which led to the award of more than $3.5M in state and federal funding to design and construct the project. Year Coirnplllete&� 201 "7 � Meint Nairne�Oty of National Oty J Cointact�� Robeirt Yaino, Oty A 0% ^ 1W E iin g lii City d6una 25-47 3/16/2021 Kimley)>) Horn 15 Cky of Santa Ana TIRRIDUO06 2020 Similarities to the City's Project. Traffic lane reconfiguration Multiple bikeway facilities connection/intersection Bus system coordination Bike route type selection Bike/ped conflict zones 1%%, lr�r l ii�� �,>>ir lu bcvi / J[/"/r)�/ y l,r�,.,n,r� �:ri l; .,.iir, t/.� l rr�/ ! I�:'l f 11"os(,, rr Los Angeles' 15.2-mile-long Expo Line provides light rail transit (LRT) to 19 stations that serve popular destinations from Los Angeles to Santa Monica. A portion of the light rail line operates within a dedicated rail corridor, crossing several key cross -streets at -grade, and a portion is median - running, operating in the middle of Colorado Avenue. A primary component of the project was to provide an active transportation bicycle and pedestrian facility along the entire 15.2-mile corridor. Kimley-Horn designed the segment within Santa Monica that contains a two-way median - protected cycle track, a dedicated corridor with bike path, at -grade street crossings integrated with the rail system, bike/pedestrian signalization, and segments of connecting bike lanes and sharrows. This required significant coordination with the adjacent LRT system and careful evaluation of design solutions to provide a safe and effective facility in a highly urbanized, constrained system. Kimley-Horn provided design and construction support services for Segment 3 - Santa Monica related to all roadway, traffic, station site/civil, and bikeway design. Kimley-Horn delivered this project on time and within the estimated cost of $1.5 billion using a design -build delivery method. w, III , aiiillrm Illley IIV°°tm. lu°unu as si,,ilrm(.roiinsllimlll'talun,l: t;o II CCllll' "ya��llr tollr�i�llwlllls�te1, 2't1'1fm f�Illliiill�lilt Ilf�talu�n�� IIII.... III31mr�1uro,, (foirmmeirlly 113a1ursoiruus Comrmtact;, IIII';'luret°t° tlourmes, 1131111'IIIIII: iise IIII'° uresliiadelur'mt, °714 310 2725 Similarities to the City's Protected bike lane in heavily used ped/bike areas Bikeway design coordination with existing businesses and transit system Bike signal Ped/bike/transit conflict zone l,:l r)/ % i i `.`il a r, ;`lit r, rr,l/ / l rli ii' ,rl !/i y (", Kimley-Horn is assisting the City of National City with implementing one of the first low -stress bicycle boulevards in the San Diego region, and the second north -south bicycle facility east of the 1-805 in National City. This federally funded, regional bicycle boulevard, spanning 2.2 miles in length, follows local streets which are ideal for a bicycle boulevard due to low vehicular volumes and speeds. The alignment links three elementary schools (El Toyon, Rancho La Nacion, and Las Palmas), connects two large community parks (El Toyon and Las Palmas), and enhances access to the future South Bay BRT station and commercial area at Plaza Boulevard. The alignment also connects to 4th Street Community Corridor where traffic calming measures and the first east -west Class II bicycle lanes were recently installed. Specific improvements to the corridor include sharrow markings and signage, Class I bicycle path adjacent to El Toyon Park from 4th to Beta (which provides a multimodal path for pedestrians and cyclists alike away from traffic), Class II bicycle lanes along uphill sections of the corridor, traffic calmin - ,,,an ity Counci 20 11�:',Ilty of Sm„wuntaAiim11RII II)70062020 16 Kimley1 ))i Actuated LED signs. This project will enhance safety for people walking and biking, and will provide transportation choices for National City residents. Year Coiuxiiilpllllete : Oirig6iirr f III Cllliiiieiunt IINairirim: Ciiiity of III' al.iiiiouri4ll Ciiiity III C'oin':act: III'tolll eirt "µil aino, Qiiity ur111iiurmc:�mmlur, 6119 336 0380 Similarities to the itProject: Traffic lane reconfiguration Multiple bikeway facilities connection/intersection A�,Wry CA Bus system coordination Bike route type selection Bike/ped conflict zones Kimley-Horn provided final design services to improve Gene Autry Way and the west side of State College Boulevard adjacent to the main Angel Stadium ingress/egress point. Project elements included survey, geotechnical investigation, right-of-way acquisition, traffic evaluation, utility research, low impact development, and hydrology and hydraulics. Work was successfully completed as part of broader services related to improving the arterial level of service and increasing vehicular capacity for Gene Autry Way and State College Boulevard. Kimley-Horn also completed a water quality management plan per the Santa Ana Region Guidelines for Priority Projects. Biofiltration BMPS were proposed at catch basin connections to treat the stormwater design capture volume. Kimley-Horn also prepared technical specifications and provided bid phase and construction phase support services. The project also includes right-of-way acquisition, necessary modifications to adjacent properties, utility relocations, traffic signals, lighting, and special considerations related to Angel Stadium event traffic. yeah° C rlurall1101111eted 3019 III Clllliieint IIII aIIrlrme, Cliiity of Airiah6iim III Coiuntact, ElI��ie Yazdainr iii,N IIII'1IICt , 113uriiiiunclii110allll t liiv°liiilll ur giiiiilneelur, "'t°10 "765 4530 Similarities to the City's Project: Complex intersection design Coordination with bus and transit agencies Mixed -used commercial/residential district Water quality features SANDAG . �il)al­� Kimley-Horn is working with the San Diego Association of Governments (SANDAG) on the planning, preliminary engineering, and final design phases of more than 30 miles of bikeways across 10 urban corridors. These projects use protected bikeways, buffered bike lanes, road diets, high visibility crosswalks, raised crosswalks, pedestrian hybrid beacons, rapid rectangular flashing beacons, neighborhood traffic circles, curb extensions, and bend -outs to create low stress bikeways that connect communities. The improvements make the corridors more pleasant for everyone who walks, bikes, works, and lives in the City. While these projects are all within the San Diego urban area, each bikeway is unique. The corridors travel through different right-of-way (ROW) conditions and neighborhoods, are located on roads with a wide variety of traffic characteristics, and spark a range of community concerns and priorities. To develop designs that meet the individual needs of each intersection while creating consistent corridors, the team continuously seeks out innovative solutions to grow their design tool box. This includes studying bikeway implementations in other cities, current industry literature, and applicable design guidelines to create progressive and relevant solutions that are rooted in proven design principals. City Council 25 — 49 3/16/2021 IKimley�>)Horn 17 QlyofSainlakna III wII:I,[)1700620'0 One such solution used in the North Park I Mid -City Bikeways and Imperial Avenue Bikeway is a bendout—an intersection improvement that provides lateral separation between bicyclists and vehicular traffic, creating more space and time to react at potential conflict points. A bend -out provides similar benefits to a protected intersection but can be implemented at smaller intersections and minimizes the improvement footprint. The design also improves the visibility of people walking and biking, shortens crossing distances, and encourages slow vehicle turning speeds. Year Coirini116 IIIIe,t d Oing rliiiurulg III CIIIIIiiieint IIP airunc S IIriIIII'�') G III Colrmt:act IIIL.......liiurrida C�� IIIIIII �u IIIIIIVr rurlue 619 999 6957 Similarities to the City's Project. Protected bikeway design Bus stop treatment Transit coordination Intersection reconfiguration As trusted advisors, our firm works diligently on behalf of our clients' needs. We encourage you to contact the clients below, as well as those listed in 111,"Wctiiiieurl t e regarding our team's work history and quality of service. Ellie Yazdani City of Anaheim 200 S. Anaheim Boulevard, Suite 276, Anaheim, CA 92805 714.765.4530 1 eyazdani@anaheim.net Project: Gene Autry Way Improvements Curtis Castle City of Santa Monica 1685 Main Street, Santa Monica, CA 90401 310.458.8234 1 curtis.castle@smgov.net Project: Lincoln Neighborhood Corridor Plan (LiNC) and On -Call Civil Engineering Design Consulting Services and Preparation of Temporary Traffic Control Plans Keith Kramer City of Fontana 8353 Sierra Avenue, Fontana, CA 92335 909.350.6644 1 kkramer@fontana.org On -Call Pavement Rehabilitation/Utility Design Kathy Nguyen City of Laguna Niguel 30111 Crown Valley Parkway, Laguna Niguel, CA 92677 949.362.4341 1 kanguyen@cityoflagunaniguel.org Project: On -Call Engineering Services — Various Tasks City Council 25 — 50 3/16/2021 11�:',Ilty of Sainta Aiina11RII II)71006 2020 18 Kiml6 �))i Intentionally left blank City Council 25 — 51 3/16/2021 IKimley�>)Horn C1111yf Sainla Aura III1:1,[)770062020 S /;, ope o'' S ery ic e s The tasks below are intended to supplement and clarify the scope items in the RFP, and to demonstrate phases of our services, tasks to be accomplished, and deliverables to be provided. Design plans and reports indicated will follow the City's standard format, unless indicated otherwise. A drawing list indicating anticipated sheet count is included with our fee in the separate sealed envelope. We assume a 10-month schedule for design beginning December 2020 with design services completed by September 2021. Kimley-Horn team members will attend one initial kick-off meeting to confirm project elements, objectives, scope, and schedule; and attend progress development team (PDT) coordination meetings at each submittal (up to three meetings) with the City. We will provide pertinent meeting minutes with action items and will prepare monthly progress reports as part of the invoice package. Kimley-Horn will prepare a Target Schedule in Gantt Chart format showing primary tasks and review periods/processing, as agreed upon with the City. Kimley-Horn will maintain a Progress Schedule showing actual progress versus target and provide it to the City on a monthly basis. Task 1 Deliverables: Meeting agendas, rrreet/rrg rrr/rrrrtes, action /tero,s, progress reports, invoicing, draft target . cliedule, and monthly progress sclierlrr/e lippill. err Kimley-Horn will update record research data obtained as part of the Warner Avenue project and will obtain readily available record drawings and data pertinent to the scope of services, such as GIS mapping, as -built plans, and utility atlases. We will initiate the utility notification process early in the design stages to identify potential conflicts. We will maintain a utility agency tracking list to indicate the status of communication and add a contact list for substructure and utility owner -operators that will also carry over to the specifications. We anticipate assisting the City with utility notification letters consisting of the following: Prepare to Relocate Notice/Final Utility Notice Form and Notice to Relocate. We assume that utility notices will be on the City's letterhead. Utility agency's fees are excluded from this task. Task 2 L/e//verablas t///t��l agency ��� y � y ��° � � ".y notification letters r rrr, errr� lr��rr::/r�rr° /r�rt �,rr°rrf rrtr/rt. The Kimley-Horn team will provide a supplemental topographic field survey to the existing surveying completed for the Warner Avenue widening project at a scale of 1" = 20' for the project limits per the exhibit in the RFP. This entails survey record collection, establishment of horizontal and vertical controls, monument and centerline tie preservation, and verifying the City's provided right-of-way. Field survey shots will consist of back of walk, top of curb, flow line, edge of pavement, crown lines, and grade breaks at approximately 25-foot intervals, where needed. Existing right-of-way will be shown per readily available records. Task y t eliverflabl m.sw: ll /sro tation V81 Files of 7 bpographir: Survey, digital terrain model (DT ) of existing surface t6atrrre s, and a PDF malt i :m ° tf c Surveyor /rr theState, of Cal/for�rmla srr rs�rl /w l..rr�em^r.„rr�rf �rrrvs� City Council 25 — 52 3/16/2021 Task 4: Water Quality Management Plan Kimley-Horn will develop a Water Quality Management Plan (WQMP) for the project in compliance with, and meeting the requirements of, Order No. R8-2009-0030 (Amended by R8-2010-0062) of the Santa Ana Regional Water Quality Control Board. The WQMP will incorporate Low Impact Development (LID) Best Management Practices (BMP) to the Maximum Extent Practical (MEP). Based on our preliminary research, traditional LID BMPs cannot be incorporated. Therefore, appropriate proprietary BMPs will be selected to improve water quality. If proprietary items are needed, these will be indicated in compliance with the City's adopted public contracting code. Task 4 Deliverables: Craft W011412 and Final IAl6 tl#Fl StreetTask 5: r e Plans The Kimley-Horn team will develop a street improvement plan for the construction of roadway improvements for protected bike lanes within the project limits, per the exhibits in the City's RFP. The plans will show typical sections, details, and horizontal and vertical (where needed) design information. Roadway plans will be prepared at a scale of 1" = 20' horizontal and 1" = 2' vertical. Vertical design information will be shown on plans with elevation call outs for details not shown on profiles. Plan preparation will be coordinated with the City and other agencies. We assume the City will provide one set of consolidated comments for each submittal. Task 5 Deliverables. 30 , 60%, , 5%, and 100 plans, electrnnic files in MicroStation 1 81 and D lsal lmwlans will be .sealed and signed) and reVonses to previous review comments ents ttora the City Task 6: Signing and Stripings Kimley-Horn will prepare striping and signing plans at a scale of 1" = 40' for the proposed improvements within the limits of the project, per exhibits in the City's RFP. Signing and striping plans will incorporate lane lines reconfiguration and bikeway striping. Striping and signing plans will comply with the City's standards, Caltrans, and the CA-MUTCD. Task 6 Deliverables: 30%, 60%, 95%, and 100% plans, electronic files in MicroStation V81 and ' F final plans will be sealed and s1Cne t and responses to previous review comments from the tllt4 Task m Traffic Control Plans Kimley-Horn will prepare traffic control plans at a scale of 1" = 40' for the proposed bike lane construction. The traffic control plans will be prepared in accordance with current CA-MUTCD, City of Santa Ana, and Caltrans requirements and will be prepared at 20-scale (1" = 20') on a 24" x 36", full-size sheet. Task 7 Dellvemlsles: 60%, 95%, and 100% plans, electronic files in 4flicrostatlorr V81 and PDF (final plans will be sealed and cosigned) and responses to previous review comments from the City s Opinion r a le Construction Cost Kimley-Horn will prepare an Opinion of Probable Construction Cost (OPCC) based on quantities, for comparison to the project budget and assistance during the Contractor's bidding process. Unit prices will be derived from readily available current bid information based on similar projects within the area. Backup will be generated for lump sum items. Task 8 , " �" . 11. . City Council 25 — 53 3/16/2021 IKimley�>)Horn C1111y of Sainla Ana IIIwII1,1[)7 006202; Kimley-Horn will prepare technical specifications based upon the boiler plate supplied by the City. Bid items will be described as reasonably required in the General Provisions and will be included in the Contractor's bid list. References for the technical provisions to the City's Standards and Standard Specifications for Public Works Construction (Greenbook), Caltrans, or other appropriate specifications will be shown. Task // Deliverables: 60 , 95%, and 100% specifications, electronic files in I)F ft a specifications atfons will l:)e sealed and.sfffaed Kimley-Horn will provide services during the bid phase by responding in writing to requests for information (RFI)/clarifications. Our team will assist the City in the issuance of addenda to the bid package. This consists of only making design changes determined necessary to address clarifications. Other design changes, such as those for the contractor's preference, are not included in this scope. Changes in the overall design concept are not accounted for in this scope. Task 10 Deliverables: ffeVonses to tir) to five RFls, des ffn iv,visioo for one add(:?ndinn Kimley-Horn will assist the City during the construction phase by responding to the Contractor's RFIs, preparing addenda, and providing clarifications. Changes in the overall design concept are not part of this scope. An 18-month construction duration is assumed. We have included up to 10 RFIs, up to five Contractor submittal reviews, one field observations, and up to two addenda. We will prepare record drawings by updating the approved design drawings based on one set of redline markups provided by the Contractor or City staff. Independent verification is not included in this scope. Significant deviations from the original design documents are not accounted for in this scope. The purpose of the record drawings is to create a deliverable that will represent the built condition for the City's records, as recorded by the Contractor. Task ff 1 (:1://v rables: Record drawings - one /la dcot7y and one electronic f`1D h)rni t and l roStatlo 81 P o o ) a C � v S C I E Dt u u Kimley-Horn understands the importance of the project schedule and is dedicated to completing this project on time. We understand that the sooner this project is completed, the sooner the action plan can move forward. Our team has a proven track record of completing projects on schedule and we recognize a major factor in successful projects is adhering to all established deadlines. This facilitates that projects stay on track in the review cycle, avoid delays, and that project funding is used prudently and efficiently. Kimley-Horn's proposed schedule is provided on the following page. City Council 25 — 54 3/16/2021 11�:',Ilty of Sainta Aiina11RII II)71006 2020 Kimle �)) i Intentionally left blank City Council 25 — 55 3/16/2021 IKimley�>)Horn C1111yf Sainla Aura III1:1,[)770062020 City �011q U m � M R N Z O C O Z C O O O = C M i L O O O LL C Z � N Z N— Q Q• c a = c �� 3 y w W ots 3 U .-. Z d W T to N +r 0. CD w o ow caW EooO a v�i y y a O OZ.c oG 0E � ar U U rQ v c O 0 •N M Ei � V 04 E E r O O r r r r r r r r r r r VI N N N N N N N N N N N N N N N N N N N N M N CO r W LO O m O N M N M N N N7� r N N 1 r�00 N N r N 00 W r r M 00 '', N N r , M co M Lf� U-) CO CO M I m CD O O O O r r r r r r r r r N N N N N N N N N N N N N N N r r M r 00 M CO (\O r m M O M� r N N N N� ', r '' M CDcn �� �+ cC to >+, >+ >+ >+ >+cn> m" >+ >+ m', >+ >+ En>+ �' �, ca a� m ca (� m m �,� cu m cu � cc m �', � m� "O 00 O r co(D � CO ,� � , O , � O , , C, O �+ CO ;T I m NO `O M N O (z cn .C: CD72 L O O CN co N O Z O Z O Z m u !_ C EI CD, m WI c > ' Z UO), Z Z, U)v � OON"Ocu 0 N O to 3 of 3 (D of 3: O QY W C cC s O 5 O (� N �' (06 n w N W N +. W CD 06 O O - E n > N E (n a)c6 E am � O 0) c, E , o°° ooC y H oa Y U U U U=Uo rn U UZ mQ0a co o m CO ti cO/W/202 r N M : LC� CO I� 00 025—�6N Intentionally left blank City Council 25 — 57 3/16/2021 IKimley�>)Horn C1111yf Sainla Aura III1:1,[)770062020 Kimley-Horn has submitted our Fee Proposal in a separate file attachment, as instructed by the City's RFP and subsequent Q&A. City Council 25 — 58 3/16/2021 Intentionally left blank City Council 25 — 59 3/16/2021 IKimley�>)Horn C1111yf Sainla Aura III1:1,[)770062020 We have provided these forms on the following pages: • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification • Exhibit 10-01 Consultant Proposal DBE Commitment Please note that Exhibit 10-1-11, Exhibit 10-02, and Exhibit 10-K are included with our separately submitted Fee Proposal. City Council 25 — 60 3/16/2021 11�:',Ilty of Sainta Aiina11RIII II)710062020 Kimle �)) i Appendix ATTACHMENT 3~1: AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23United States Code Section 112mW Public Contract Code Section 7106) 7othe CITY 0PSANTA&M&DEPARTMENT 0[PUBLIC WORKS In accordance with Title 23 United States Code Bcudoo 112 and Public Contract Code 7106 the BIDDER declares that the bid ianot rnade in the interest of, mon behalf of ��undisclosed person, partnership, companassociation,cnmpunassociation, organization, or n; that the hid is genuine and not ud|uoi`e or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in ofa|uc or mhom bid, and has not directly orindirectly colluded, conspired, connived or agreed with any BIDDER *ranyone clue /o put in u ubum hid, or that anyone shall refrain from bidding; that the 87DU8R has not in any manner, directly or indirectly, uought hyogmrmcn\ communication, orconference with anyone to fix the bid price nfthe BIDDER or any 8|DDCK or to fix any overhead, pnuD|, orcost element n[the bid price, orofthat nfany other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed xnnknd; that all gatmneob contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his orher bid price orany breakdown thereof, or the contents thereof, or divulged inJbnno|ion ordata relative thereto, or paid, and will not pay, any fee (o any corporation, partnership, company association, organization, hid depository, orioany member or agent tborrofineffectuate acollusive nrsham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing thisthe signature also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making ufalse certification may subject the certifier Wcriminal prosecution, Signed State of California County oflla(L�ZLIPO Subscribed and sworn to (oro��� beforemo onthis�� day of 20?� by proved to me on the basis ofsatisfactory ��nce to be the persor(s)nho appeared before me. I W,JANICE GIL I DEN REHAK Orange County �/q My COMM, Expires July 13, 2023 fA Notary Public Signature Notary Public Sea] City ofSanta Ana RFP City Council 3/16/2021 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the malting of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Kimley-Horn and Associates, Inc. Signed and Printed Name: -V Title Associate Date October 12, 2020 Jason J. Melchor, P.E. Citv Council 25 — 62 3/16/2021 City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City Council 25 — 63 3/16/2021 City of Santa Ana RFP Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. I Signed: "0i' l ' e�o-� Jason J. Melchor, P.E. Title: Associate Firm: Kimley-Horn and Associates, Inc. Date: October 12, 2020 Citv Council 25 — 64 3/16/2021 City of Santa Ana RFP Page A3-4 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1. Local Agency: City of Santa Ana 2. Contract DBE Goal: 8.00% 3. Project Description: Warner Avenue Protected Bike Lane (Oak St. to Grand Ave.) PS&E, RFP No. 20-094 4. Project Location: Santa Ana, California 5. Consultant's Name: Kimley-Horn and Associates, Inc. 6. Prime Certified DBE: 7. Description of Work, Service, or Materials 8. DBE Certification 9. DBE Contact Information ° 10. DBE /o Supplied Number Cabrinha, Hearn & Associates SurveyServices 21761 Camden Cabrinha / 626.795.6926 5 92% Potholing - Expense 34267 Bess TestLab, Inc. 3.19% Joseph Bohorquez / 408.988.0101 Local Agency to Complete this Section 17. Local Agency Contract Number: 11. TOTAL CLAIMED DBE PARTICIPATION 9.11 18. Federal -Aid Project Number: 19. Proposed Contract Execution Date: 20. Consultant's Ranking after Evaluation: IMPORTANT: Identify all DBE firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on regardless of tier. Written confirmation of each listed DBE is this form is complete and accurate. required.-- Gilbert 2021.0 2021.03.03 09:55:00-08'00' QO+tiI � %/ // 3-2-2021 12. Preparer's Signature 13. Date Jason J. Melchor, P.E. 714-705-1331 14. Preparer's Name 15. Phone Associate 16. Preparer's Title DISTRIBUTION: Original — Included with consultant's proposal to local agency. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. LPP 18-01 City Council 25 — 66 3/16/2021 Page 1 of 2 January 2019 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 2. Contract DBE Goal: 8.00% 3. Project Description: Warner Avenue Protected Bike Lane (Oak St. to Grand Ave.) PS&E, RFP No. 20-094 4. Project Location: Santa Ana, California 5. Consultant's Name: Kimley-Horn and Associates, Inc. 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: $93,990.51 8. Total Dollar Amount for ALL Subconsultants: $5,562.85 9. Total Number of ALL Subconsultants: 1 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount Survey Services 21761 Cabrinha, Hearn & Associates Camden Cabrinha / 626.795.6926 $5,562.85 Potholing - Expense 34267 Bess TestLab, Inc. Joseph Bohorquez / 408.988.0101 $3,000.00 Local Agency to Complete this Section $ 8,562.85 20. Local Agency Contract Ni imhcr' 14. TOTAL CLAIMED DBE PARTICIPATION 9.11 21. Federal -Aid Project Number: 22. Contract Execution nnta- Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. Hayley Gilbert 2021.03.03 09:55:28-08'00' 2-17-2021 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Darren Adrian, P.E. 714.705.1304 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone Sr. Vice President 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original - Local Agency 2. Copy - Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. City Council 25 - 67 3/16/2021 Page 1 of July 23, 2015 Local Assistance Procedures Manual EXHBIT 10-H1 Cost Proposal Exhibit 10-H1 Cost Proposal Cost -Plus -Fixed Fee or Lump Sum or Firm Fixed Price Contracts (Design, Engineering and Environmental Studies) Note: Mark-ups are Not Allowed D Prime Consultant El Subconsultant El 2nd Tier Subconsultant Consultant Kimley-Horn and Associates, Inc. Project No. Contract No. Date 2/17/2021 DIRECT LABOR Classification/Title Name Hours Actual Hourly Rate Total Project Manager Darren Adrian 42 $94.00 $ 3,948.00 QC/QA Kirk Ammerman 20 $73.56 $ 1,471.20 Sr. Professional II 4 $82.28 $ 329.12 Sr. Professional I 0 $71.45 $ - Professional 11 0 $66.12 $ - Professional 174 $51.81 $ 9,014.94 Analyst 223 $41.13 $ 9,171.99 Project Support 1 8 1 $34.48 1 $ 275.84 LABOR COSTS a) Subtotal Direct Labor Costs $ 24,211.09 b) Anticipated Salary Increases (see Anticpated Salary Increases page for calculation) $ 121.06 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 24,332.15 INDIRECT COSTS d) Fringe Benefits f) Overhead h) FCCM FIXED FEE ( Rate: 0.00% ) e) Total Fringe Benefits [(c) x (d)] $ - ( Rate: 194.64% ) g) Overhead [(c) x (f) $ 47,360.09 ( Rate: 0.61 % ) i) FCCM [(c) x (h)] $ 148.43 j) TOTAL INDIRET COSTS [(e) + (g) + (i)] $ 47,508.51 k) TOTAL FIXED FEE [(c) + (e) + (g)* fixed fee 10% ] $ 7,169.22 1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE Description of Item Quatity Unit Unit Cost Total Potholing (Bess Testlab) $ 3,000.00 Contigency Budget $ 6,417.78 $ - 1) TOTAL OTHER DIRECT COSTS $ 9,417.78 in) SUBCONSULTANTS' COSTS Subconsultant 1: Cabrinha, Hearn & Associates $ 5,562.85 Subconsultant 2: $ Subconsultant 3: Subconsultant 4: x x (m) TOTAL SUBCONSULTANS' COSTS $ 5,562.85 (n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1) + (m)] $ 14,980.63 TOTAL COST [(c) + 0) + (k) + (n)] $ 93,990.51 City Council 25 — 68 3/16/2021 Page 1 of 3 January 2020 Local Assistance Procedures Manual EXHBIT 10-H1 Cost Proposal Exhibit 10-H1 Cost Proposal Actual Cost -Plus -Fixed Fee or Lump Sum or Firm Fixed Price Contracts (Calculations for Anticipated Salary Increases) 1. Calculate average hourly rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Subtotal Total Hours Avg Hourly 5 Year per Cost per Cost Rate Contract Duration Proposal Proposal $ 24,211.09 / 471 = $51.40 Year 1 Avg Hourly Rate 2. Calculate hourly rate for all periods (Increase the Average hourly rate for a period by proposed escalation %) Avg Hourly Proposed Rate Escalation Year 1 $51.40 + 5% _ $53.97 Year 2 Avg Hourly Rate Year 2 $53.97 + 5% _ $56.67 Year 3 Avg Hourly Rate Year 3 $56.67 + 5% _ $59.51 Year 4 Avg Hourly Rate Year 4 $59.51 + 5% _ $62.48 Year 5 Avg Hourly Rate 3. Calculate estimated hours per year (Multiply estimate % each period by total h Estimated % Total Hours Total Hours Completed per Cost per Period Each Period Proposal Year 1 90.00% * 471 = 423.9 Estimated Hours Year 1 Year 2 10.00% * 471 = 47.1 Estimated Hours Year 2 Year 3 0.00% * 471 — 0 Estimated Hours Year 3 Year 4 0.00% * 471 = 0 Estimated Hours Year 4 Year 5 0.00% 471 — 0 Estimated Hours Year 5 Total 100% Total — 471 4. Calculate Total Costs including Escalation (Multiply average hourly rate by the number of hours) Avg Hourly Estimated Rate Hours (calculated (calculated Cost above) above) Per Period Year 1 $51.40 * 423.9 = $21,789.98 Estimated Hours Year 1 Year 2 $53.97 * 47.1 = $2,542.16 Estimated Hours Year 2 Year 3 $56.67 0 = $0.00 Estimated Hours Year 3 Year 4 $59.51 * 0 = $0.00 Estimated Hours Year 4 Year 5 $62.48 0 = $0.00 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $24,332.15 Direct Labor Subtotal before escalation = $24,211.09 Estimated total of Direct Labor Salary = $121.06 Transfer to Page 1 Period 1 = Contract inception through 6/30/21 Period 2 = 7/1/21 through 6/30/22 Period 3 = 7/l/22 through 6/30/23 Period 4 = 7/1/23 through 6/30/24 Period 5 = 7/1/24 through 6/30/25 City Council 25 — 69 3/16/2021 Page 2 of 3 January 2020 Local Assistance Procedures Manual EXHBIT 10-H1 Cost Proposal Exhibit 10-H1 Cost Proposal Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local govermnents are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Prime Consultant or Subconsultant CertifvinLy: Name: Anthony Podegracz Signature: Email: anthony.podegraczCtr,kimley-horn.co n Title*: Vice President Date of Certification (mm/dd/yyyy): 2/17/2021 Address: 765 The City Drive, Suite 200, Orange, CA, 92868 Phone Number: 714-939-1030 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Engineering Services City Council 25 — 70 3/16/2021 Page 3 of 3 January 2020 Local Assistance Procedures Manual EXHBIT 10-H1 Cost Proposal Exhibit 10-H1 Cost Proposal Cost -Plus -Fixed Fee or Lump Sum or Firm Fixed Price Contracts (Design, Engineering and Environmental Studies) Note: Mark-ups are Not Allowed ❑ Prime Consultant ❑� Subconsultant ❑ 2nd Tier Subconsultant Consultant Cabrinha, Hearn & Associates Project No. DIRECT LABOR Contract No. Date 2/16/2021 Classification/Title Name Hours Actual Hourly Rate Total Survey Mgr. Camden Cabrinha* **, PLS 4 $66.19 $ 264.76 Survey Party Chief Jamie Bertchume* **, PLS 12 $59.39 $ 712.68 Instrument Person / Parry I Edward Uribe** 0 $50.46 $ - Party Chief / Chainman Rene Rodriguez** 0 $53.56 $ - Chainman Michael Naylor** 12 $49.88 $ 598.56 Chainman Anthony Lawler** 0 $49.88 $ - Drafter Bernard Xu 11 $38.74 $ 426.14 LABOR COSTS a) Subtotal Direct Labor Costs $ 2,002.14 b) Anticipated Salary Increases (see Antcipated Salary Increases page for calculations) $ 16.02 c) Total Direct Labor Costs [(a) + (b)] $ 2,018.16 INDIRECT COSTS d) Fringe Benefits ( Rate: 66.446% ) e) Total Fringe Benefits [(c) x (d)] $ 1,340.98 f) Overhead ( Rate: 0.00% ) g) Overhead [(c) x (f) $ - h) General and Administrative ( Rate: 84.136% ) i) Gen & Admin [(c) x (h)] $ 1,698.00 j) Total Indirect Costs [(e) + (g) + (i)] $ 3,038.98 FIXED FEE lc) TOTAL FIXED FEE [(c) + (j)]* fixed fee 10% ] $ 505.71 1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Description of Item Quatity Unit Unit Cost Total $0.00 $ - $0.00 $ - $0.00 $ - $0.00 $ - 1) TOTAL OTHER DIRECT COSTS $ _ m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1: $ Subconsultant 2: $ Subconsultant 3: $ Subconsultant 4: $ (m) TOTAL SUBCONSULTANS' COSTS $ - (n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1) + (m)] $ - TOTAL COST [(c) + 0) + (k) + (n)] $ 5,562.85 City Council 25 — 71 3/16/2021 Page 1 of 3 January 2020 Local Assistance Procedures Manual EXHBIT 10-H1 Cost Proposal Exhibit 10-H1 Cost Proposal Actual Cost -Plus -Fixed Fee or Lump Sum or Firm Fixed Price Contracts (Calculations for Anticipated Salary Increases) 1. Calculate average hourly rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Total Hours Subtotal per Avg Hourly 5 Year Cost per Cost Rate Contract Duration Proposal Proposal $ 2,002.14 / 39 = $51.34 Year 1 Avg Hourly Rate 2. Calculate hourly rate for all periods (Increase the Average hourly rate for a period by proposed escalation %) Avg Hourly Proposed Rate Escalation Year 1 $51.34 + 4% _ $53.39 Year 2 Avg Hourly Year 2 $53.39 + 4% _ $55.53 Year 3 Avg Hourly Year 3 $55.53 + 4% _ $57.75 Year 4 Avg Hourly Rate Year 4 $57.75 + 4% _ $60.06 Year 5 Avg Hourly Rate 3. Calculate estimated hours per year (Multiply estimate % each period by total hours) Estimated % Total Hours Total Hours Completed per Cost per Period Each Period Proposal Year 1 80.00% * 39 = 31.2 Estimated Hours Year 1 Year 2 20.00% * 39 = 7.8 Estimated Hours Year 2 Year 3 0.00% * 39 = 0 Estimated Hours Year 3 Year 4 0.00% * 39 = 0 Estimated Hours Year 4 Year 5 0.00% * 39 = 0 Estimated Hours Year 5 Total 100% Total = 39 4. Calculate Total Costs including Escalation (Multiply average hourly rate by the number of hours) Avg Hourly Estimated Rate Hours (calculated (calculated Cost above) above) Per Period Year 1 $51.34 * 31.2 = $1,601.71 Estimated Hours Year 1 Year 2 $53.39 * 7.8 = $416.45 Estimated Hours Year 2 Year 3 $55.53 * 0 = $0.00 Estimated Hours Year 3 Year 4 $57.75 * 0 = $0.00 Estimated Hours Year 4 Year 5 $60.06 * 0 = $0.00 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $2,018.16 Direct Labor Subtotal before escalation = $2,002.14 Estimated total of Direct Labor Salary Increase = $16.02 Transfer to Page 1 City Council 25 — 72 3/16/2021 Page 2 of 3 January 2020 Local Assistance Procedures Manual EXHBIT 10-H1 Cost Proposal Exhibit 10-Hl Cost Proposal Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Prime Consultant or Subconsultant Certifyini!: Name: Camden C. Cabrmha Signature: Email: ca_rp_deu�..klriO3u3oq Title*: President Date of Certification (mm/dd/yyyy): 2/16/2021 Address: 1232 E. Monte Vista Avenue, 43, Upland, CA, 91786 Phone Number: 626-795-6926 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: 12 Hours of a 2 person field Survey Crew, 1 1 hours of CAD mapping and 4 hours office support. To be utilized for spot elevation/topo checks. This 10 H is to cover one site visit. Additional visits will result in additional charge/cost. City Council 25 — 73 3/16/2021 Page 3 of 3 January 2020 m N co M OD Li in m N 00 N is l0 M o n '... ro M o �q N aq 90: n 01 q 0 0 W �.:. t0 O a tD O O N n o of N N l0 o n O n n pl l0 m n n oo 1G n of m 0 N Q. e-I mm Ili'. v o Ln c0 o o 0 o o 0 0 G0co . iR ,e o M N n v n' " Ol, N' .n M N1 N M� O a VO1 O O O O O O O O O O O O O O O O O O O O O N 00 V N V N i(l n Os N 0 0 0 0 0 0 0 0 0 2 n Q H p v H 0 L; p C p m o � N a y y U o N `op d = N s o o n M p N T y 1 i m D o D R a m N a a o a p ym ol •C � v ai' -o � � � ,a a � Y o v° d ? a a` c o p' R o ; a u O = o w m e o v � N .� O "6 U N � N R � •� 'C OI •C. �1 W � C � � L s 4 d U O inyOy � O Y N R N M Y Y N N R R a �n Y Y N N R R io n Y Y N N R R m Y N R Public Works Agency https://www.santa-ana.org/pw Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: On -Call Water Engineering Services AGENDA TITLE Approve Amendments to the Agreements With Tetra Tech, Michael Baker International, Inc., Psomas, Stantec Consulting Services, Inc., NV5, Inc., Huitt-Zollars, Inc., Kimley- Horn and Associates, Inc., and TAIT & Associates, Inc., for On -Call Engineering Services, to Increase the Aggregate Amount by $950,000, for a Total Amount not to Exceed $2,950,000 for the Remaining Term of the Agreement (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute amendments to the agreements to provide on -call engineering services with Tetra Tech, Michael Baker International, Inc., Psomas; Stantec Consulting Services, Inc., NV5, Inc., Huitt-Zollars, Inc., Kimley-Horn and Associates, Inc., and TAIT & Associates, Inc., to increase the agreement amount by $950,000, for a total aggregate agreement amount not to exceed $2,950,000, for the remaining term of the agreement which began on April 21, 2020, and expires on April 21, 2023, with a provision for one two-year extension exercisable by the City Manager and City Attorney, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On April 21, 2020, City Council approved agreements with Tetra Tech, Michael Baker International, Inc., Psomas, Stantec Consulting Services, Inc., NV5, Inc., Huitt-Zollars, Inc., Kimley-Horn and Associates, Inc., and TAIT & Assocites, Inc. to provide on -call engineering services for the Public Works Agency, Water Resources Division. To date, staff has utilized these consultants to provide professional engineering design and cost estimation work for several civil works projects for the Water Resources Division relating to water, sewer, and recycled water facilities and systems. These projects have included water main improvements on South Main Street, sewer system improvements in the Willard neighborhood, and the future Washington Avenue Well. The original agreement was awarded in an amount not to exceed $2,000,000 for a three- year term, with the provision for one two-year extensions. Staff recommends amending the agreements to increase the funding amount by $950,000 for the remainder of the term to allow these services to be utilized for additional civil works projects included in the current and future fiscal years' Capital Improvement Programs (CIPs). The additional City Council 26 — 1 3/16/2021 Amend Agreements for On -Call Engineering Services March 16, 2021 Page 2 funding will help ensure that the much -needed capital projects identified in the CIPs can commence according to schedule. ENVIRONMENTAL IMPACT There is no environmental impact is associated with the action. FISCAL IMPACT There is no fiscal impact at this time. Funding for these services is available in the approved FY 2020-21 Capital Improvement Program (CIP) and Operating budgets, and will be budgeted in future fiscal years. Prior to utilizing any of these on -call services, Public Works staff must receive Finance and Management Services Agency approval of funding and accounts to ensure that funds are available under the authorization and aggregate limit of these agreements. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing specific scope and maximum expenditure for the task order will be issued to a consultant. EXHIBIT(S) 1. Amendment to Agreement with Tetra Tech 2. Amendment to Agreement with Michael Baker International, Inc. 3. Amendment to Agreement with Psomas 4. Amendment to Agreement with Stantec Consulting Services, Inc. 5. Amendment to Agreement with NV5, Inc. 6. Amendment to Agreement with Huitt-Zollars, Inc. 7. Amendment to Agreement with Kimley-Horn and Associates, Inc. 8. Amendment to Agreement with TAIT & Associates, Inc. Submitted By: Nabil Saba, Executive Director Public Works Approved By: Kristine Ridge, City Manager City Council 26 — 2 3/16/2021 FIRST AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL WATER RESOURCES ENGINEERING SERVICES (TETRA TECH) THIS FIRST AMENDMENT to the above -referenced agreement is entered into on March 16, 2021, by and between Tetra Tech ("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. Following the City's issuance of Request for Proposal No. 19-100, the parties entered into Agreement No. A-2020-075-01, dated April 21, 2020, by which Contractor agreed to provide on -call water resources engineering services for the City's Public Works Agency ("Agreement"). B. Contractor was one of eight contractors selected to provide services on an as -needed basis under RFP No. 19-100. The total compensation for services provided by all contractors selected under RFP No. 19-100 was not to exceed a shared aggregate amount of $2,000,000 during the term of the Agreement, including any extension periods. C. The Agreement remains in effect through April 21, 2023, with provision for extension, and the parties now wish to amend the Agreement to increase the maximum shared aggregate expenditure under the Agreement. The Parties therefore agree: 1. Section 2.a., Compensation, is amended to increase the total compensation for services provided by all contractors selected under RFP No. 19-100 by the shared aggregate amount of $950,000 during the term of the Agreement, including any extension periods. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. Daisy Gomez Clerk of the Council Kristine Ridge City Manager - signatures continue on next page - City Council age I o 6 — 3 3/16/2021 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 791, T.. Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONTRACTOR Name: Title: p Page 2 of 2 &nbsp; City Council &nbsp;26 &ndash;&nbsp;4 3/16/2021 &nbsp; FIRST AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL WATER RESOURCES ENGINEERING SERVICES (MICHAEL BAKER) THIS FIRST AMENDMENT to the above -referenced agreement is entered into on March 16, 2021, by and between Michael Baker International, Inc. ("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. Following the City's issuance of Request for Proposal No. 19-100, the parties entered into Agreement No. A-2020-075-02, dated April 21, 2020, by which Contractor agreed to provide on -call water resources engineering services for the City's Public Works Agency ("Agreement"). B. Contractor was one of eight contractors selected to provide services on an as -needed basis under RFP No. 19-100. The total compensation for services provided by all contractors selected under RFP No. 19-100 was not to exceed a shared aggregate amount of $2,000,000 during the term of the Agreement, including any extension periods. C. The Agreement remains in effect through April 21, 2023, with provision for extension, and the parties now wish to amend the Agreement to increase the maximum shared aggregate expenditure under the Agreement. The Parties therefore agree: 1. Section 2.a., Compensation, is amended to increase the total compensation for services provided by all contractors selected under RFP No. 19-100 by the shared aggregate amount of $950,000 during the term of the Agreement, including any extension periods. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. Daisy Gomez Clerk of the Council Kristine Ridge City Manager - signatures continue on next page - City Council age I o 6 — 5 3/16/2021 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: �T4 Ig" JJKn M. Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONTRACTOR MICHAEL BAKER INTERNATIONAL, INC. kA' N me: 'chael Bruz Ti Vice President City Council Page2 ° 6 — 6 3/16/2021 FIRST AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL WATER RESOURCES ENGINEERING SERVICES (PSOMAS) THIS FIRST AMENDMENT to the above -referenced agreement is entered into on March 16, 2021, by and between PSOMAS ("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. Following the City's issuance of Request for Proposal No. 19-100, the parties entered into Agreement No. A-2020-075-03, dated April 21, 2020, by which Contractor agreed to provide on -call water resources engineering services for the City's Public Works Agency ("Agreement"). B. Contractor was one of eight contractors selected to provide services on an as -needed basis under RFP No. 19-100. The total compensation for services provided by all contractors selected under RFP No. 19-100 was not to exceed a shared aggregate amount of $2,000,000 during the term of the Agreement, including any extension periods. C. The Agreement remains in effect through April 21, 2023, with provision for extension, and the parties now wish to amend the Agreement to increase the maximum shared aggregate expenditure under the Agreement. The Parties therefore agree: 1. Section 2.a., Compensation, is amended to increase the total compensation for services provided by all contractors selected under RFP No. 19-100 by the shared aggregate amount of $950,000 during the term of the Agreement, including any extension periods. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. Daisy Gomez Clerk of the Council Kristine Ridge City Manager - signatures continue on next page - City Council age 11 o 6 — 7 3/16/2021 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney Sr. Assistant City Attorney Nabil Saba Executive Director Public Works Agency N'anfe: Joseph L. Boyle Title: Vice President City Council Fage 2 01 �6 — 8 3/16/2021 FIRST AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL WATER RESOURCES ENGINEERING SERVICES (STANTEC) THIS FIRST AMENDMENT to the above -referenced agreement is entered into on March 16, 2021, by and between Stantec Consulting Services Inc. ("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. Following the City's issuance of Request for Proposal No. 19-100, the parties entered into Agreement No. A-2020-075-04, dated April 21, 2020, by which Contractor agreed to provide on -call water resources engineering services for the City's Public Works Agency ("Agreement"). B. Contractor was one of eight contractors selected to provide services on an as -needed basis under RFP No. 19-100. The total compensation for services provided by all contractors selected under RFP No. 19-100 was not to exceed a shared aggregate amount of $2,000,000 during the term of the Agreement, including any extension periods. C. The Agreement remains in effect through April 21, 2023, with provision for extension, and the parties now wish to amend the Agreement to increase the maximum shared aggregate expenditure under the Agreement. The Parties therefore agree: 1. Section 2.a., Compensation, is amended to increase the total compensation for services provided by all contractors selected under RFP No. 19-100 by the shared aggregate amount of $950,000 during the term of the Agreement, including any extension periods. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. Daisy Gomez Clerk of the Council Kristine Ridge City Manager - signatures continue on next page - City Council age I o 6 — 9 3/16/2021 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 14 Min M. Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONTRACTOR Name: Roger Chung, PE Title: Sr. Project Manager City Council Page2 ° 6 — 10 3/16/2021 FIRST AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL WATER RESOURCES ENGINEERING SERVICES (NV5) THIS FIRST AMENDMENT to the above -referenced agreement is entered into on March 16, 2021, by and between NV5, Inc. ("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. Following the City's issuance of Request for Proposal No. 19-100, the parties entered into Agreement No. A-2020-075-05, dated April 21, 2020, by which Contractor agreed to provide on -call water resources engineering services for the City's Public Works Agency ("Agreement"). B. Contractor was one of eight contractors selected to provide services on an. as -needed basis under RFP No. 19-100. The total compensation for services provided by all contractors selected under RFP No. 19-100 was not to exceed a shared aggregate amount of S2, 000,000 during the term of the Agreement, including any extension periods. C. The Agreement remains in effect through April 21, 2023, with provision for extension, and the parties now wish to amend the Agreement to increase the maximum shared aggregate expenditure under the Agreement. The Parties therefore agree: 1. Section 2.a., Compensation, is amended to increase the total compensation for services provided by all contractors selected under RFP No. 19-100 by the shared aggregate amount of $950,000 during the term of the Agreement, including any extension periods. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. Daisy Gomez Clerk of the Council Kristine Ridge City Manager - signatures continue on next page - Page I of 2 City Council 26-11 3/16/2021 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: JVftn M. Funk Sr. Assistant City Attorney Nabil Saba Executive Director Public Works Agency CONTRACTOR Page 2 of 2 City Council 26-12 3/16/2021 FIRST AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL WATER RESOURCES ENGINEERING SERVICES (HUITT-ZOLLARS) THIS FIRST AMENDMENT to the above -referenced agreement is entered into on March 16, 2021, by and between Huitt-Zollars, Inc. ("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. Following the City's issuance of Request for Proposal No. 19-100, the parties entered into Agreement No. A-2020-075-06, dated April 21, 2020, by which Contractor agreed to provide on -call water resources engineering services for the City's Public Works Agency ("Agreement"). B. Contractor was one of eight contractors selected to provide services on an as -needed basis under RFP No. 19-100. The total compensation for services provided by all contractors selected under RFP No. 19-100 was not to exceed a shared aggregate amount of $2,000,000 during the term of the Agreement, including any extension periods. C. The Agreement remains in effect through April 21, 2023, with provision for extension, and the parties now wish to amend the Agreement to increase the maximum shared aggregate expenditure under the Agreement. The Parties therefore agree: 1. Section 2.a., Compensation, is amended to increase the total compensation for services provided by all contractors selected under RFP No. 19-100 by the shared aggregate amount of $950,000 during the term of the Agreement, including any extension periods. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. Daisy Gomez Clerk of the Council Kristine Ridge City Manager - signatures continue on next page - City Council age I o 6 — 13 3/16/2021 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney -. calla M. Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONTRACTOR anaging Principal City Council Page 2 of226 — 14 3/16/2021 FIRST AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL WATER RESOURCES ENGINEERING SERVICES (KIMLEY-HORN) THIS FIRST AMENDMENT to the above -referenced agreement is entered into on March 16, 2021, by and between Kimley-Horn and Associates, Inc. ("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. Following the City's issuance of Request for Proposal No. 19-100, the parties entered into Agreement No. A-2020-075-07, dated April 21, 2020, by which Contractor agreed to provide on -call water resources engineering services for the City's Public Works Agency ("Agreement"). B. Contractor was one of eight contractors selected to provide services on an as -needed basis under RFP No. 19-100. The total compensation for services provided by all contractors selected under RFP No. 19-100 was not to exceed a shared aggregate amount of $2,000,000 during the term of the Agreement, including any extension periods. C. The Agreement remains in effect through April 21, 2023, with provision for extension, and the parties now wish to amend the Agreement to increase the maximum shared aggregate expenditure under the Agreement. The Parties therefore agree: 1. Section 2.a., Compensation, is amended to increase the total compensation for services provided by all contractors selected under RFP No. 19-100 by the shared aggregate amount of $950,000 during the term of the Agreement, including any extension periods. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. Daisy Gomez Clerk of the Council Kristine Ridge City Manager - signatures continue on next page - City Council age I o 6 — 15 3/16/2021 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 4 Jo9i M. Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONTRACTOR -ice Name: Title: Digitally signed by Darren Adrian P.E. (CA PE No 53031) Date: 2021.02.25 14:07:56-08'00' City Council Page2 ° 6 — 16 3/16/2021 EXHIBIT 8 FIRST AMENDMENT TO AGREEMENT PROVIDE ON -CALL WATER RESOURCES ENGINEERING SERVICES (TAIT) THIS FIRST AMENDMENT to the above -referenced agreement is entered into on March 16, 2021, by and between TAIT& Associates, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing Linder the Constitution and laws of the State of California ("City"). RECITALS A, Following the City's issuance of Request for Proposal No. 19-100, the parties entered into Agreement No. A-2020-075-08, dated April 21, 2020, by which Contractor agreed to provide oil -call water resources engineering services for the City's Public Works Agency ("Agreement"), B. Contractor was one of eight contractors selected to provide services on an as -needed basis Linder RFP No. 19-100. The total compensation for services provided by all contractors selected Linder RFP No. 19-100 was not to exceed a shared aggregate amount of $2,000,000 during the term of the Agreement, including any extension periods. C. The Agreement remains in effect through April 21, 2023, with provision for extension, and the parties now wish to amend the Agreement to increase the maximum► shared aggregate expenditure under the Agreement. The Pat -ties therefore agree: I. Section 2.a., Compensation, is amended to increase the total compensation for services provided by all contractors selected under RFP No. 19-100 by the shared aggregate amount of $950,000 during the term of the Agreement, including any extension periods. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect, IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. Daisy Gomez Kristine Ridge Clerk of the Council City Manager - Signatures continue on nextpeige - Pagel cif &nbsp; City Council &nbsp;26 &ndash;&nbsp; 17 3/16/2021 &nbsp; APPROVED AS TO FORM SOMA R. CARVALT-IC City Attorney By; JUm M. Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONTRACTOR Page 2 of 2 &nbsp; City Council &nbsp;26 &ndash;&nbsp; 18 3/16/2021 &nbsp; Public Works Agency https://www.santa-ana.org/pw Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: As -Needed HVAC Repair Services AGENDA TITLE Approve Agreements with ABM Building Solutions, LLC, ACCO Engineered Systems, Envise, F.M. Thomas Air Conditioning, Inc., and South Coast Mechanical for As -Needed Repair of Heating, Ventilation, and Air Conditioning Systems at Various City Facilities, in an Aggregate Amount not to Exceed $2,875,000 for up to a Five -Year Term (Specification No. 20-134) (General Fund and Non -General Fund) RECOMMENDED ACTION Approve agreements with ABM Building Solutions, LLC, ACCO Engineered Systems, Envise, F.M. Thomas Air Conditioning, Inc., and South Coast Mechanical to provide as - needed heating, ventilation, and air conditioning (HVAC) repair services, including emergency call -out services, for a three-year period beginning April 1, 2021, and ending on March 31, 2024, with provisions for two, one-year extensions, in a total shared amount not to exceed $575,000 annually, for a total aggregate amount not to exceed $2,875,000, subject to non -substantive changes as approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana Public Works Agency Building Maintenance Division is responsible for ensuring the HVAC systems at various City facilities are in good repair and in working order using a combination of City staff and outside contractors. City facilities with HVAC systems include City Hall, Ross Annex, the Main Library, Newhope Library, Police Administration Building, Jail, Corporate Yard, and various community centers. HVAC systems to be serviced under these agreements include air handlers, chillers, chilled and hot water pumps, boilers, exhaust fans, cooling towers, air conditioning units, and large walk-in freezers and refrigerators. On October 29, 2020, the Public Works Agency issued Request for Proposal (RFP) 20- 134 for consultants to provide facility HVAC service, maintenance, and repairs at various City facilities. The RFP was advertised on the City's online bid management and publication system, with bids due on December 7, 2020. Thirty-three vendors downloaded the project documents. Five proposals were received and evaluated by a selection committee based on criteria as outlined in the RFP. Each proposer demonstrated high technical competency, experience performing similar services, and met the City's City Council 27 — 1 3/16/2021 Approve Agreements for As -Needed HVAC Repairs March 16, 2021 Page 2 requirements. As such, staff recommends entering into agreements with the five vendors in a not to exceed annual amount of $575,000 for as -needed repairs (Exhibits 1-5). In addition to as -needed repairs, ACCO Engineered Systems will also conduct routine monthly HVAC maintenance for the Police Department. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are budgeted and available for expenditure in Fiscal Year 2020-21, and will be budgeted in future fiscal years for expenditure as shown in the table below. Accounting Unit Fund Accounting Unit, Fiscal Year - Account # Description Account Amount Description 2020-21 PD Building and (April -June) 01114403-62300 General Fund Facility, Contract $18,750 Services -Professional Building Building 2020-21 07317100-62300 Maintenance Maintenance, $125,000 (April -June) Fund Contract Services - Professional 2021-22 PD Building and (July -June) 01114403-62300 General Fund Facility, Contract $75,000 Services -Professional Building Building 2021-22 07317100-62300 Maintenance Maintenance, $500,000 (July -June) Fund Contract Services - Professional 2022-23 PD Building and (July -June) 01114403-62300 General Fund Facility, Contract $75,000 Services -Professional Building Building 2022-23 07317100-62300 Maintenance Maintenance, $500,000 (July -June) Fund Contract Services - Professional 2023-24 PD Building and (July- 01114403-62300 General Fund Facility, Contract $56,250 March) Services -Professional 2023-24 Building BuildingMaintenance, (July- 07317100-62300 Maintenance Contract Services - $375,000 March) Fund Professional City Council 27 — 2 3/16/2021 Approve Agreements for As -Needed HVAC Repairs March 16, 2021 Page 3 Accounting Unit Fund Accounting Unit, Fiscal Year - Account # Description Account Amount Description Renewal Op tions: 2023-24 PD Building and (April -June) 01114403-62300 General Fund Facility, Contract $18,750 Services -Professional Building Building 2023-24 07317100-62300 Maintenance Maintenance, $125,000 (April -June) Fund Contract Services - Professional 2024-25 PD Building and (July -June) 01114403-62300 General Fund Facility, Contract $75,000 Services -Professional Building Building 2024-25 07317100-62300 Maintenance Maintenance, $500,000 (July -June) Fund Contract Services - Professional 2025-26 PD Building and (July- 01114403-62300 General Fund Facility, Contract $56,250 March) Services -Professional 2025-26 Building BuildingMaintenance, (July- 07317100-62300 Maintenance Contract Services- $375,000 March) Fund Professional TOTAL $2,875,000 EXHIBIT(S) 1. Agreement with ABM Building Solutions, LLC 2. Agreement with ACCO Engineered Systems 3. Agreement with Envise 4. Agreement with F.M. Thomas Air Conditioning, Inc. 5. Agreement with South Coast Mechanical Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency David Valentin, Chief of Police Approved By: Kristine Ridge, City Manager City Council 27 — 3 3/16/2021 CONTRACTOR AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 16th day of March, 2021 by and between ABM Building Solutions, 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"). RFC 1TAT,C A. The City desires to retain a contractor to provide heating, ventilation, air conditioning (HVAC) repair services, including emergency call out services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting film 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. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Contractor is one of five Contractors selected to provide HVAC repair services. The total aggregate amount, among the five contractors, shall not exceed the shared aggregate amount of $575,000 annually during the term of this agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. City Council 27 — 4 MOP f" 3. TERM This Agreement shall commence on April 1, 2021 for a three (3) year term with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless tenninated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is 51,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. City Council 27 — 5 3/1 f 10 CONTRACTOR AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 16th day of March, 2021 by and between ABM Building Solutions, 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"). RFC 1TAT,C A. The City desires to retain a contractor to provide heating, ventilation, air conditioning (HVAC) repair services, including emergency call out services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting film 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. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Contractor is one of five Contractors selected to provide HVAC repair services. The total aggregate amount, among the five contractors, shall not exceed the shared aggregate amount of $575,000 annually during the term of this agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. City Council 27 — 6 MOP f" 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: i. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Contractor shall supply City with a fully executed additional insured City Council 27 — 7 3/1 f 10 endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by City Council 27 — 8 3/1 9YOff 10 law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in City Council 27 — 9 3/1 PfH V' 10 addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. City Council 27 — 10 3/1 9YO ff" 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 City Council 27 — 11 3/1 912U f to To Contractor: ABM Building Solutions, LLC Attn: Vishal Gupta 14201 Franklin Ave Tustin, CA 92780 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR: Vishal Gupta General Manager City Council 27 — 12 3/1 f 10 EXHIBIT A City Council 27 — 13 3/16/2021 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS 20-134 FOR FACILITY HVAC SERVICE, MAINTENANCE AND REPAIRS AT VARIOUS CITY FACILITIES SCOPE OF SERVICES & SPECIFICATIONS General Information The Contractor shall retain professional personnel who have successfully and competently provided municipal facility HVAC repair services on projects of similar scope and complexity. It shall be the Contractor's responsibility to provide as required by the City a competitive hourly rate for repairs and service of all aspects of HVAC systems in City defined facilities. All requested HVAC repairs / service shall be provided in accordance with the highest standards of the industry, skill, workmanship, applicable trade practices, meet warranties and in conformance to all applicable laws, codes and regulations. The successful Proposer's maintenance and repairs program for the Police Department Headquarters, and repairs as needed program for all facilities shall, at a minimum, include but not be limited to the specifications outlined herein. Services to be Provided It is the Proposer's responsibility to provide service proposals as required of HVAC trades, central plant chiller systems, air handlers, and automation systems as needed, and all requested services are to be compliant with all Federal, State, CARB, AQMD, OSHA and all other applicable regulatory requirements. Pricing Tabulation Sheets Prices as stated on the RFP 20-134 Pricing Sheet (Page 39) shall be for HVAC maintenance at the Police Department Headquarters only, and for repairs as needed at all facilities. HVAC Repair Staffing The Contractor shall provide staffing levels sufficient to provide a high level of customer service, program support, HVAC maintenance and repair at designated City facilities as required: Staffing should include staff certified and proficient in the complete maintenance and repair of Centrifugal Chiller systems, air handlers, pneumatic and DDC systems, walk in refrigerators and freezers, and a variety of package HVAC units. Additionally, service levels shall provide the capacity to respond expeditiously to situations involving the health and safety of employees and/or the public; comfort and operational capability of any public meeting space. Routine repairs, service requests or other non -urgent tasks shall be completed by journey level staff. The journey -level worker(s) shall be proficient in the following trades: All mechanical, electronic and pneumatic aspects of chilled water systems • Centrifugal chiller systems • VFD drives • Air handling systems • The interface and control of HVAC control systems • Walk in refrigerators / freezers / evidence freezers Billable Work All requested work shall be considered billable hours and will require that a competitive estimate for that proposed work be provided to the City Representative for consideration and approval prior to work being completed. City Council 27 — 14 3/16/2021 Security Background Check of Personnel Contractor is required t o provide security checks for all personnel assigned to work under this contract. Security checks will be coordinated through Santa Ana Police Department. Additional checks will be required for all new employees during the lifetime of the contract and all expenses shall be borne exclusively by the contractor. The City reserves the right to approve/refuse any prospective employees of the contractor as a result of the background check. The following information must be provided to the City Representative no less than 30 days prior to any employee's start of work: a. Full Legal Name b. Social Security Number c. California Driver's License or ID Number d. Birth Date e. Current Valid Address Damages The Contractor will be responsible for all damages to the facility or contents caused by Contractor, their staff, or by subcontractors during the performance of this contract. Tools & Equipment The contractor shall furnish and maintain all equipment necessary for properly service HVAC systems in City buildings. The City of Santa Ana reserves the right to inspect equipment to be used to perform services under this contract. Failure to provide regulatory compliant equipment for carrying out all requirements of this contract may be grounds for termination of the contract. Emergency Call Out Service It is highly desirable that the awarded Contractor provide 24-hour emergency service as needed in all aspects of HVAC emergency repair for Santa Ana Police Department and various other facilities, as included in this specification. Hours shall be Monday through Friday 5:OOpm to 6:OOam and 24-hours each day on weekends and holidays. Contractor shall have working personnel on -site within 1 hour of the call -out, or respond by telephone to the City Representative within 1 /2 hour if the problem is correctable through the use of a computer/modem to alleviate the source of complaint. HEATING -VENTILATION -AIR CONDITIONING (HVAC) SERVICE, REPAIR, MAINTENANCE AND MONITORING AS REQUIRED Contractor may be required to respond to indoor temperature complaints and provide expeditious correction and record complaints and corrections at all City facilities. Contractor shall be proficient in HVAC control systems. Contractor may be required to inspect all HVAC systems at least twice each year, with seasonal start- up and run inspections performed and documented. Contractor may be required to provide oversight and documentation of Seasonal Preventative Maintenance of chillers and boilers at the Police Headquarters Facility only; with service to be provided by Proposer. Contractor may be requested to perform the following services: • For cooling towers - may be required to disassemble screens and access panels for inspection, inspect the tower fill, support structure, sump and spray nozzles, fill valve, gear box, drive coupling, fan blades, and motor bearings, clean starter and cabinet, inspect wiring, check motor starter contacts for wear and proper operation, megger test the motor and log readings, and check the condition of the contactor; and log observations. Feftyw ,bjMCjI may be required to lubricate bE20iaggg6inspect couplings, chi;*12D�3laks, and investigate unusual noises. • Contractor may be required to perform air -handling unit maintenance and repair which includes but is not limited to; all services recommended by manufacturer. Additional Contractor Requirements • Contractor shall show evidence of presently serving other municipal customers. • Contractor shall hold current C10 and C20 licenses. • Contractor shall provide HVAC employees that; possess a State of California Joint Journeyman Apprentice Training Center Certification; Automation Specialists that are continually factory trained on Automation System, and must be able to provide monthly operator coaching of select personnel, certified in servicing Centrifugal Chillers and Allen Bradley, ABB Drives. • Contractor shall provide the City with full-time journeyman -level mechanical personnel and factory -trained automation specialists. • Service specialists and technicians shall normally be dispatched from a local headquarters or branch within a 20-mile radius from the City Boundary line of the City of Santa Ana as defined in the most current Thomas Guide Map. • Contractor may be required to provide HVAC data protection and recovery services, control loop tuning for the City's automation system. • Contractor shall provide emergency access 24 hours a day, 7 days a week. For Johnson Controls, contractor must be available by phone during normal business hours for consultation and emergency assistance. • Contractor shall supply their staff with their agency uniform and photo identification tags that will be worn at all times. Uniforms shall display the Contractor logo, and employee first or last name shall be clearly visible. • Contractor shall provide MSDS sheets to City in a complete "Right to Know" binder for all products used in City facilities. City will determine location of "Right to Know" books. City Council 27 — 16 3/16/2021 SPECIFIC SERVICES — ALL Periodic Maintenance Applies to Police Headquarters Facility Only Maintenance as Requested Proposer may be required to perform preventive maintenance in accordance with a program of standard routines as determined by your experience, equipment application, and equipment operating hours that are recommended by each equipment manufacturer and location. This service is designed to optimize the reliability and efficiency of the equipment, extend the useful life of the City's equipment, and provide proactive indications of excessive wear and damage to HVAC systems before a catastrophic failure occurs during the next operating season. Proposer will also provide recommendations for additional service(s) that will better enhance equipment performance. Air Cooled Condenser Coil Cleaning The proposer may be required to p r o v i d e t h i s s e r v i c e t o improve airflow across condenser coils, improve heat transfer and extend the life of the compressors. Coil cleaning consists of cleaning the outside surface of the condensing unit coils to remove any airborne particles, dirt build-up by using a brush, high pressure air, chemical with low pressure wash or chemical with high pressure wash based on the condition of outside environment and coil accessibility. Evaporator Coil Cleaning Proposer may be required to clean air handling unit evaporator coils so as to improve air circulation in the air distribution system, and reduce dust and dirt that is in the system. Coils will be cleaned at a time that is mutually agreeable between the proposer and the City Representative. Coil cleaning consists of cleaning the surface of the evaporator coil to remove dust and dirt particles that have collected on the evaporator coil. Coils will be cleaned using a vacuum cleaner and/or other devices that facilitate the proper cleaning of the coil. Refrigerant Oil Analysis as Required Proposer may be required to perform Spectro-Chemical Refrigerant Oil Analysis and trend oil condition that identifies contaminants and possible system malfunctions caused by wear of moving parts, such as bearings and shafts. This predictive wear analysis provides early identification of problems prior to them becoming unplanned and costly. Based on the oil analysis results, proposer will recommend when oil changes are needed, and may make other recommendations regarding the operation and maintenance of your chiller plant. This service reduces the amount of waste oil generated. Cooling Tower Drain & Refill as Required Proposer may be required to remove the condenser water from HVAC systems after the cooling season to prevent possible damage and expensive repairs caused by water freezing during winter months, and refill the system prior to spring start-up. The equipment included under this service is itemized in the HVAC Equipment List. Operating Inspection as Required Proposer may be required to provide this service to assure that mechanical equipment continues to operate efficiently with minimal operating disruptions during the operating season. Proposer City Council 27 — 17 3/16/2021 may be required to provide routine operating inspection(s) to check system performance in accordance with a program of standard routines as determined by our experience, the equipment manufacturer's published recommendations, equipment application, and location. This service will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation. Operating Inspection — Heating as Required The proposer may be required to provide this service to assure mechanical equipment continues to operate efficiently, safely and with minimal operating disruptions during the operating season. The City Representative will provide routine operating inspection(s) to check system performance in accordance with a program of standard routines as determined by our experience, the equipment manufacturer's published recommendations, equipment application, and location. This service will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation. Operating Inspection — Cooling as Required This service may be required to assure mechanical equipment continues to operate efficiently, safely and with have minimal operating disruptions during the operating season. Proposerwill provide routine operating inspection(s) to check system performance in accordance with a program of standard routines as recommended by the equipment manufacturer's published recommendations, equipment application, and location. This service will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation. Equipment Tasking as Required The following tasks may be requested on an as needed basis. These tasks are designed to maintain the equipment in an optimum operating condition so that the equipment will operate reliably and efficiently. Reciprocating Compressors: 1. Perform annual Spectro-Chemical oil analysis test. 2. Preventive maintenance shall be performed as required. 3. Lock -out and Tag -out equipment as required. 4. Check all electrical wiring and connections and tighten as required. 5. Check starter contactor surfaces for wear as required. 6. Visually leak check compressor and associated refrigerant piping as required. 7. Clean exterior of compressor as required. 8. Check operation of crankcase heater as required. 9. Meg -ohm motor from starter and record as required. 10. Check and calibrate all safety and cut-out devices as required. 11. Check and adjust compressor capacity controls as required. 12. Check, calibrate and adjust all operational controls as required. Exhaust Fans: 1. Preventative Maintenance as required. 2. Lock -out and Tag -out equipment as required. 3. Check all electrical wiring and connections and tighten as required. 4. Check all motor starter contactor surfaces for wear as required. 5. Clean starter and electrical control enclosures as required. 6. Lubricate motor bearings and fan bearings as required. City Council 27 — 18 3/16/2021 7. Check exhaust fan belts for wear, replace as required. 8. Check belt tension and sheave alignment and adjust as required. 9. Inspect exhaust fan unit assembly as required. 10. Check all mounting hardware and tighten as required. Pneumatic Air Compressor: 1. Inspect unit, check for rust spots, oil leaks & general condition of unit as required. 2. Drain tank, check auto drain as required. 3. Check belt, adjust tension & sheave alignments, and replace belt as required. 4. Meg -ohm and record, as required. 5. Check starter wiring & contacts as required. 6. Check motor amperage & voltage as required. 7. Check intake air filter, replace as required. 191i:FITMI1.70 1. Provide four (4) quarterly inspections and maintenance for (21) Air Handlers. 2. Preventive maintenance as required. 3. Lock -out and Tag -out equipment as required. 4. Check starter contacts for excessive wear as needed. 5. Tighten all starter wire connections as required. 6. Check belts, adjust or replace as needed. 7. Check pulley sheave alignment, adjust as required. 8. Meg -Ohm motor and record annually. 9. Check fan motor(s) amps. 9. Clean and lubricate unit motor bearings and fan bearings. 10. Check operation of economy dampers. 11. Lubricate all dampers and linkages as necessary. 12. Check operation of static vane (if applicable) 13. Visually check all coils for leaks (Annually) 14. Check and record all coil delta T (Annually) 15. Inspect all mounting hardware, tighten as needed. Multi -zone Air Handlers: 911 Dispatch Area 1. Provide annual Preventive Maintenance Inspection on two (2) York Air Handlers. 2. Preventive maintenance as required. 3. Lock -out and Tag -out equipment as required. 4. Check fan motor amps as required. 5. Clean and lubricate components as required. 6. Check operation of economy dampers as required. 7. Check operation of static vane or dampers as required. 8. Check operation of zone dampers as required. 9. Check and adjust operating and safety controls as required. Package Chiller: 1. Lock -out and Tag -out equipment as required. 2. Check condenser / Barrel tubes as required. 3. Check Chiller barrel tube as required. 4. Check and record unit amp draw as required. 5. Check unit Voltage and Record as required. City Council 27 - 19 3/16/2021 6. Check unit pressures and record as required. Chiller with Reciprocating Compressors: 1. Provide annual vibration analysis for two (2) York Chillers. 2. Provide annual leak test for two (2) York Chillers. 3. Provide four (4) quarterly inspections and maintenance for two (2) York Chillers. 4. Provide chiller controls coolant for two (2) York Chillers 3. Visually inspect equipment condition and operation as required. 4. Check for unusual vibration, noise, excessive temperatures & refrigerant leaks as required. 5. Check unit voltage and record as required. 6. Check unit operate and records as required. 7. Check unit operating hours and record as required. 8. Check condenser pressure and record as required. 9. Check evaporator pressure and record as required. 10. Check oil sump sight glass as required. 11. Record chilled water inlet temperature. 12. Record chilled water outlet temperature as required. 13. Check condenser water inlet as required. 14. Check condenser water outlet temperature as required. 15. Check compressor starter contacts for abnormal wear as required. Variable Frequency Drive: 1. Check unit operation quarterly as required. 2. Check fault history report as required. 3. Check operation of manual bypass as required. 4. Verify drive signal increase and decrease as required. 5. Check and tighten all electrical connections as required. 6. Check starter contacts for wear as required. Computer Room Air Conditioning Units: 1. Check all electrical wiring and connection as required. 2. Check and replace filters as required. 3. Check all electrical wiring and connections; tighten as required. 4. Check starter contactor surfaces for wear as required. 5. Check compressor amps and record as required. 6. Check sight glass for moisture level as required. 7. Check operation of crankcase heater as required. 8. Lubricate condenser fan motor and fan bearings as required. 9. Check condition of condenser coil, clean as required. 10. Check belts for wear, replace as required. 11. Check and adjust compressor capacity controls as required. 12. Lubricate indoor fan motor and bearings as required. 13. Check humidifier for proper operation as required. Boilers: 1. Provide annual Preventive Maintenance Inspection on two (2) Bryan Boilers. 2. Provide annual Preventive Maintenance Inspection on four (4) Hot Water Boilers. 3. Check boilers for proper operation as required. City Council 27 - 20 3/16/2021 4. Check and use boiler viewport to check main burner flame as required. 5. Turn off and secure boiler as required. 6. Check boilers for any unusual noise or vibration as required. 7. Inspect gaskets for any signs of leaks as required. 8. Examine the venting system as required. 9. Remove and / or inspect gas pilot assembly, reinstall in accordance according to factory specifications and tolerances. 10. Check boiler circulating pumps for proper operation and lubricate as required. 11. Check flame safeguard control for pilot and main flame ignition as required. 12. Check operation of blower motor and circuitry as required. 13. Check operation of gas valves and vents as required. 14. Inspect and tighten all electrical connections as required 15. Check and adjust all boiler limit pressure controls and running interlocks as required. 16. Check operation and adjust low water controls as required. 17. Check burner, pilot and main flame ignition as required. 18. Check and oil combustion air fan as required. 19. Check expansion tank and site glass as required 20. Check and record all entering and leaving water temperatures and pressures as required. 21. The equipment room shall be left in the same clean condition as existed prior to start of the work. 22. Refer to equipment O&M manual for any maintenance clarifications. Cooling Tower: 1. Provide four (4) quarterly inspections and maintenance. 2. Preventive maintenance as required. 3. Lock -out and Tag -out equipment as required. 4. Check starter contacts for excessive wear as needed. 5. Tighten all starter wire connections. 6. Check gear reducer and couplings. 7. Meg -Ohm motor and VFD's. 8. Check fan balance and motor(s) amps. 9. Clean and lubricate unit motor bearings and fan blades. 10. Check operation of media and flow. 11. Lubricate all dampers and linkages as necessary. Chilled Water Pumps: 1. Check pump and motor operation. 2. Check fault history report as required. 3. Check and operate bypass valves. 4. Checks and verify strainers for optimum flow. 5. Check and tighten all electrical connections as required. 6. Check starter contacts for wear as required. 7. Check and record motor amp. 8. Lube and grease motor bearings as needed. Johnson Controls: 1. Inspect and repair NCU 1 to NCU 12 for optimum operations. 2. Inspect and repair as needed 21 air handler controls and 46 VFD. 3. Inspect all damper motors controls and set points. City Council 27 - 21 3/16/2021 4. Provide JCI parts as needed. 5. Check and calibrate all safety and cut-out devices as required. 6. Check and adjust programming as required. 7. Inspect Energy Management System (EMS) data base and adjust as needed. Shooting Range: 1. Perform annual air balancing per requirements. 2. Perform inspection and maintenance as required. 3. Lock -out and Tag -out equipment as required. 4. Check fan motor amps as required. 5. Clean and lubricate components as required. 6. Check operation of economy dampers as required. 7. Check operation of static vane or dampers as required. 8. Check operation of zone dampers as required. 9. Check and adjust operating and safety controls as required. Freezers and/or Refrigerators: 1. Check all operation, electrical, condensers, evaporators and refrigeration. 2. Check starter contactor surfaces for wear as required. 3. Check compressor amps and record as required. 4. Check sight glass for moisture level as required. 5. Check operation of crankcase heater as required. 6. Lubricate condenser fan motor and fan bearings as required. 7. Check condition of condenser coils, clean as required. 8. Check belts for wear, replace as required. 9. Check and adjust compressor capacity controls as required. 10. Lubricate indoor fan motor and bearings as required. HVAC SERVICES — Pneumatic Applies to Police Headquarters Facility Only Preventive Maintenance as Required Proposer may be required to provide preventative maintenance on Pneumatic Air Compressors that responds to changes in mechanical component performance, building use, and climatic conditions. Service shall be in accordance with a program of standards as recommended by equipment manufacturers' recommendations. HVAC SERVICES - Water Treatment Applies to Police Headquarters Facility Only Water Treatment Services as Required Proposer may be required to provide Industrial water treatment to identify four main problem areas: scaling, corrosion, microbiological activity and disposal of residual wastewater. Water treatment services will extend equipment life, provide operational efficiency, minimize downtime and control water born disease such as Legionnaires' disease. HVAC SERVICES - Infrared Service Applies to Police Headquarters Facility Only Infrared Electric Panel Inspection as Required The infrared inspection may be requested as it is an important form of non-destructive testing that has become an indispensable predictive maintenance tool for electrical service panels. It shall be performed with a portable infrared imaging system; equipment that detects infrared energy City Council 27 — 22 3/16/2021 (heat) emitted from an object and displays it as a dynamic thermal image. Using the IEEE/ANSI Standard, this inspection aids in the evaluation of component temperatures. Proposer may be required to perform a biennial Infrared scan of main electrical panels. A detailed report will be provided upon completion of onsite scan. ENERGY SERVICES Applies to Police Headquarters Facility Only Energy Optimization Services As Required Proposer may be required to perform a benchmark analysis that compares a building's energy performance against industry -recognized benchmarks and provides facility owners and operators with an objective assessment of facility performance and a valuable starting point to identify and quantify the value of energy conservation efforts. Through the Benchmark Report, Proposer will create an energy baseline and obtain, if applicable, an ENERGY STAR Performance Rating utilizing Energy Star Portfolio Manager to generate a Statement of Energy Performance. This rating compares our building's performance against buildings of similar type and operating characteristics in similar climate zones. This report will provide key data points in addition to an ENERGY STAR Performance Rating including Energy Usage Intensity (EUI), Energy Cost Intensity (ECI), and the facility's Greenhouse Gas Emissions. In addition, Proposer may be required to conduct a detailed analysis of facility interval meter data, when available from site metering and/or the utility provider. This enables us to gain further insight into facility performance, and provide a snapshot report to help understand performance and pinpoint areas for operational efficiency. Based on current energy consumption and prices, Proposer energy analysis will suggest potential improvement measures and quantify the impact on energy usage, cost savings and GHG reductions. Technology and Energy Audits Applies to Police Headquarters Facility Only Proposer may be required to review designated HVAC systems, evaluating the current use of our HVAC Systems and what may have been changed or been modified in our daily facility operation that impacts the effectiveness of the system. Proposer may review applicable building control technologies, suggest possible new strategies or technologies that could be implemented to enhance our current system, and consider what changes, enhancements and/or upgrades should be made to facilitate our future plans. In addition, recommendations should be made about adding and/or modifying applications, sensors, points panels and/or software where needed to improve building operation and performance. Proposer may interface with the local utility provider to determine possible incentives and rebates. Once the review is completed, a written report of the findings and recommendations may be requested. HVAC EQUIPMENT LIST POLICE DEPARTMENT HEADQUARTERS (Maintenance & Repairs for this facility) 60 Civic Center Plaza Air handlers: 21 Gravity Roof Vents: 15 Small recirculating pumps: 16 Chillers: 2 reducer York Model YTHIJ3E2CRG Building Boilers: 2 Exhaust fans: 52 Large water pumps: 24 Cooling towers: 2 Marley Twin w/20HP Motor & gear Water booster system pumps: 3 A/C units: 8 City Council 27 — 23 3/16/2021 Bryan Model RV450-W-FDG-WXL 3,600,000 MGH (1995) Water heater boilers: 4 (Evidence) 2 - Model 1250 N 600 ATP-PVI 1,000,000 BTU/HR 2 - Model 1500 N 1500 ATP-PVI 1,200,000 BTU/HR IT Server Room - Air Conditioning Units 1 — Liebert - Model VEZ45A-AAM Ser: 307193-001 Kitchen) 1 — Liebert — Model CDF308LA Remote Condenser Ser: 94009100 2 — DataAire — Model DTWV-0532 A/C Units 911 Dispatch Center 1 — York Air Handler Model D2CE240E03646ECC with two (2) compressors and heating Large Walk-in Freezers: 6 3 - Model LAHA-032E-TAD-100 3 - Kolpak AE66280B (Jail Kitchen) Large Refrigerators: 4 1 - Model K55HIJZF (Evidence) 3 - Kolpak Cold Zone (Jail Variable Frequency Drives: 46 NOTE: York Rotary Chiller YSCBCAS1-CHA was decommissioned and does not require any attention. Repairs as needed — for these facilities - Time & Materials Only CITY HALL 20 Civic Center Plaza Air Handler #11 — 8th Floor Air Handler #10 — 7th Floor Air Handler #09 — 6th Floor Air Handler #08 — 5th Floor Air Handler #07 — 4th Floor Air Handler #06 — 3rd Floor Air Handler #04 — 2nd Floor Air Handler #01 — 1 st Floor Air Handler #02 — 1 st Floor Mezzanine Air Handler #05 — Council Chambers Air Handlers — Basement Data Rooms 1 & 2 Chilled Water Pump #1 Chilled Water Pump #2 ROSS ANNEX Trane box car units: 3 Ajax Boiler: 1 Split Systems: 4 CENTRAL LIBRARY 26 Civic Center Plaza Air Handler #01 — Basement Air Handler #02 — Basement Air Handler #03 — 1 st Floor Children's Area Basement exhaust Cond #1 Cond #2 Fluid cooler for Liebert Exhaust unit Chiller - AVM Condenser Restroom exhaust Fluid cooler for Data Center Exhaust Air Compressor #1 Air Compressor #2 Hot Water Pump Flash Tank Roof Exhaust Units (3) Hot Water Pump: 1 Exhaust Fan Chilled Water Pump - basement Hot Water Pump - basement Rooftop exhaust units City Council 27 — 24 3/16/2021 CORPORATION YARD - ADMIN 220 Daisy St. 50-Ton Rooftop HVAC: 1 RAPAC Boiler: 1 5-Ton Rooftop HVAC: 2 Return Fan Hot Water Pumps: 2 Split Systems: 6 FLEET OPERATIONS 215 Center St. 10-Ton Ice Bear: 1 Supply Fans: 4 Exhaust Fans 3-Ton Package Units: 3 STORES WAREHOUSE 10-Ton Package Units: 2 Exhaust Fans: 4 NEWHOPE LIBRARY 122 Newhope Street 30-Ton Carrier Package Unit: 1 Split System MCFADDEN LEARNING CENTER 2627 W. McFadden Ave. 15-Ton Trane Package Units: 2 Split System SANTA ANITA CENTER 300 S. Figueroa St. 3-Ton Carrier Package Unit: 1 Split System SANTA ANA SENIOR CENTER 424 W. Third St. 35-Ton Package Unit: 1 Roof Top Unit SOUTHWEST SENIOR CENTER 2201 W. McFadden Ave. 4-Ton Package Units: 6 Split System City Council 27 — 25 3/16/2021 CORBIN CENTER 2215 W. McFadden Ave. 2-Ton Package Units: 5 5-Ton Package Units: 2 Split System JEROME CENTER 726 S. Center St. 4-Ton Package Units: 5 Split System EL SALVADOR CENTER 1825 W. Civic Center Dr. 3-Ton Package Units: 7 4-Ton Package Units: 2 1-Ton Package Unit: 1 Split System SANTA ANA REGIONAL TRANSPORTATION CENTER 1000 W. Santa Ana Blvd. 157-Ton Chiller Unit: 1 Chiller Air Handlers: 57 GRAND CENTRAL ART CENTER 125 N. Broadway 100-Ton Chiller Unit: 1 Chiller Air Handlers: 55 City Council 27 — 26 3/16/2021 EXHIBIT B City Council 27 — 27 3/16/ �0 of 10 CITY OF SANTA ANA REQUEST FOR PROPOSALS 20-134 FOR FACILITY HVAC SERVICE, MAINTENANCE AND REPAIRS AT VARIOUS CITY FACILITIES RFP PROPOSAL PRICING LIST POLICE FACILITY — 60 Civic Center Plaza Provide Maintenance & Repair Services: Per Scope of Specific Services (Pages 12-18) and HVAC Equipment List (Pages 18-20) ........................... ......... ...Annual Cost $ Time and Materials Onlv For work performed during regular business hours (Mon -Fri 7:00am to 5:00pm) Regular Technician ........................... Journeyman Chiller Mechanic........... Apprentice Chiller Mechanic ............. Sheet Metal Fabricator ...................... Balancing Technician ........................ Materials Markup Percentage Base price source: (MSRP, Wholesale, Dealer, Jobber) Company Name: COMMENTS OR EXCEPTIONS: .......... 1, /hr ........... /hr ........... /hr ...... I.... /hr ........... $ /hr THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council Facilities HVAC Service, M i7nt"en7r6-5-a�Repairs�20-13�4 Page 39 CONTRACTOR AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 16th day of March, 2021 by and between ACCO Engineered Systems ("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"). RFC 1TAT,C A. The City desires to retain a contractor to provide heating, ventilation, air conditioning (HVAC) repair services, including emergency call out services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Contractor is one of five Contractors selected to provide HVAC repair services. Subject to subsection b. of this Section, the total aggregate amount, among the five contractors, shall not exceed the shared aggregate amount of $575,000 annually during the term of this agreement, including any extension periods. b. City agrees to pay, and Contractor agrees to accept as total payment for its services to the Santa Ana Police Department ("SAPD") Headquarters (only), the rates and charges identified in Compensation - Exhibit B. The total amount to be expended for services to SAPD Headquarters under this Agreement shall not exceed the annual sum of $59,880 during the term of this Agreement, including any extension periods exercised under Section 3. City Council 27 — 29 MOP f 11 c. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on April 1, 2021 for a three (3) year term with the option for the City to grant up to two (2) one (1) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. if the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. City Council 27 — 30 3/1 9YR3 ff 11 Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: i. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty City Council 27 — 31 3/1 VM f f I I (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. City Council 27 — 32 3/1 9YO ff 11 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. City Council 27 — 33 3/1 OUR f 11 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. City Council 27 — 34 3/1 f 11 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 City Council 27 — 35 3/1 f 11 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 To Contractor: ACCO Engineered Systems Attn: Patrick Rochon 888 East Walnut St. Pasadena, CA 91101 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. [Signatures on the following page] City Council 27 — 36 3/1 9YO ff 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR: Patrick A. Rochon Regional Manager City Council 27 — 37 3/1 f 11 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS 20-134 FOR FACILITY HVAC SERVICE, MAINTENANCE AND REPAIRS AT VARIOUS CITY FACILITIES SCOPE OF SERVICES & SPECIFICATIONS General Information The Contractor shall retain professional personnel who have successfully and competently provided municipal facility HVAC repair services on projects of similar scope and complexity. It shall be the Contractor's responsibility to provide as required by the City a competitive hourly rate for repairs and service of all aspects of HVAC systems in City defined facilities. All requested HVAC repairs / service shall be provided in accordance with the highest standards of the industry, skill, workmanship, applicable trade practices, meet warranties and in conformance to all applicable laws, codes and regulations. The successful Proposer's maintenance and repairs program for the Police Department Headquarters, and repairs as needed program for all facilities shall, at a minimum, include but not be limited to the specifications outlined herein. Services to be Provided It is the Proposer's responsibility to provide service proposals as required of HVAC trades, central plant chiller systems, air handlers, and automation systems as needed, and all requested services are to be compliant with all Federal, State, CARB, AQMD, OSHA and all other applicable regulatory requirements. Pricing Tabulation Sheets Prices as stated on the RFP 20-134 Pricing Sheet (Page 39) shall be for HVAC maintenance at the Police Department Headquarters only, and for repairs as needed at all facilities. HVAC Repair Staffing The Contractor shall provide staffing levels sufficient to provide a high level of customer service, program support, HVAC maintenance and repair at designated City facilities as required: Staffing should include staff certified and proficient in the complete maintenance and repair of Centrifugal Chiller systems, air handlers, pneumatic and DDC systems, walk in refrigerators and freezers, and a variety of package HVAC units. Additionally, service levels shall provide the capacity to respond expeditiously to situations involving the health and safety of employees and/or the public; comfort and operational capability of any public meeting space. Routine repairs, service requests or other non -urgent tasks shall be completed by journey level staff. The journey -level worker(s) shall be proficient in the following trades: All mechanical, electronic and pneumatic aspects of chilled water systems • Centrifugal chiller systems • VFD drives • Air handling systems • The interface and control of HVAC control systems • Walk in refrigerators / freezers / evidence freezers Billable Work All requested work shall be considered billable hours and will require that a competitive estimate for that proposed work be provided to the City Representative for consideration and approval prior to work being completed. City Council 27 — 38 3/16/2021 Security Background Check of Personnel Contractor is required t o provide security checks for all personnel assigned to work under this contract. Security checks will be coordinated through Santa Ana Police Department. Additional checks will be required for all new employees during the lifetime of the contract and all expenses shall be borne exclusively by the contractor. The City reserves the right to approve/refuse any prospective employees of the contractor as a result of the background check. The following information must be provided to the City Representative no less than 30 days prior to any employee's start of work: a. Full Legal Name b. Social Security Number c. California Driver's License or ID Number d. Birth Date e. Current Valid Address Damages The Contractor will be responsible for all damages to the facility or contents caused by Contractor, their staff, or by subcontractors during the performance of this contract. Tools & Equipment The contractor shall furnish and maintain all equipment necessary for properly service HVAC systems in City buildings. The City of Santa Ana reserves the right to inspect equipment to be used to perform services under this contract. Failure to provide regulatory compliant equipment for carrying out all requirements of this contract may be grounds for termination of the contract. Emergency Call Out Service It is highly desirable that the awarded Contractor provide 24-hour emergency service as needed in all aspects of HVAC emergency repair for Santa Ana Police Department and various other facilities, as included in this specification. Hours shall be Monday through Friday 5:OOpm to 6:OOam and 24-hours each day on weekends and holidays. Contractor shall have working personnel on -site within 1 hour of the call -out, or respond by telephone to the City Representative within 1 /2 hour if the problem is correctable through the use of a computer/modem to alleviate the source of complaint. HEATING -VENTILATION -AIR CONDITIONING (HVAC) SERVICE, REPAIR, MAINTENANCE AND MONITORING AS REQUIRED Contractor may be required to respond to indoor temperature complaints and provide expeditious correction and record complaints and corrections at all City facilities. Contractor shall be proficient in HVAC control systems. Contractor may be required to inspect all HVAC systems at least twice each year, with seasonal start- up and run inspections performed and documented. Contractor may be required to provide oversight and documentation of Seasonal Preventative Maintenance of chillers and boilers at the Police Headquarters Facility only; with service to be provided by Proposer. Contractor may be requested to perform the following services: • For cooling towers - may be required to disassemble screens and access panels for inspection, inspect the tower fill, support structure, sump and spray nozzles, fill valve, gear box, drive coupling, fan blades, and motor bearings, clean starter and cabinet, inspect wiring, check motor starter contacts for wear and proper operation, megger test the motor and log readings, and check the condition of the contactor; and log observations. Feftyw ,bjMCjI may be required to lubricate bE20iagggginspect couplings, chi;*12D�3laks, and investigate unusual noises. • Contractor may be required to perform air -handling unit maintenance and repair which includes but is not limited to; all services recommended by manufacturer. Additional Contractor Requirements • Contractor shall show evidence of presently serving other municipal customers. • Contractor shall hold current C10 and C20 licenses. • Contractor shall provide HVAC employees that; possess a State of California Joint Journeyman Apprentice Training Center Certification; Automation Specialists that are continually factory trained on Automation System, and must be able to provide monthly operator coaching of select personnel, certified in servicing Centrifugal Chillers and Allen Bradley, ABB Drives. • Contractor shall provide the City with full-time journeyman -level mechanical personnel and factory -trained automation specialists. • Service specialists and technicians shall normally be dispatched from a local headquarters or branch within a 20-mile radius from the City Boundary line of the City of Santa Ana as defined in the most current Thomas Guide Map. • Contractor may be required to provide HVAC data protection and recovery services, control loop tuning for the City's automation system. • Contractor shall provide emergency access 24 hours a day, 7 days a week. For Johnson Controls, contractor must be available by phone during normal business hours for consultation and emergency assistance. • Contractor shall supply their staff with their agency uniform and photo identification tags that will be worn at all times. Uniforms shall display the Contractor logo, and employee first or last name shall be clearly visible. • Contractor shall provide MSDS sheets to City in a complete "Right to Know" binder for all products used in City facilities. City will determine location of "Right to Know" books. City Council 27 — 40 3/16/2021 SPECIFIC SERVICES — ALL Periodic Maintenance Applies to Police Headquarters Facility Only Maintenance as Requested Proposer may be required to perform preventive maintenance in accordance with a program of standard routines as determined by your experience, equipment application, and equipment operating hours that are recommended by each equipment manufacturer and location. This service is designed to optimize the reliability and efficiency of the equipment, extend the useful life of the City's equipment, and provide proactive indications of excessive wear and damage to HVAC systems before a catastrophic failure occurs during the next operating season. Proposer will also provide recommendations for additional service(s) that will better enhance equipment performance. Air Cooled Condenser Coil Cleaning The proposer may be required to p r o v i d e t h i s s e r v i c e t o improve airflow across condenser coils, improve heat transfer and extend the life of the compressors. Coil cleaning consists of cleaning the outside surface of the condensing unit coils to remove any airborne particles, dirt build-up by using a brush, high pressure air, chemical with low pressure wash or chemical with high pressure wash based on the condition of outside environment and coil accessibility. Evaporator Coil Cleaning Proposer may be required to clean air handling unit evaporator coils so as to improve air circulation in the air distribution system, and reduce dust and dirt that is in the system. Coils will be cleaned at a time that is mutually agreeable between the proposer and the City Representative. Coil cleaning consists of cleaning the surface of the evaporator coil to remove dust and dirt particles that have collected on the evaporator coil. Coils will be cleaned using a vacuum cleaner and/or other devices that facilitate the proper cleaning of the coil. Refrigerant Oil Analysis as Required Proposer may be required to perform Spectro-Chemical Refrigerant Oil Analysis and trend oil condition that identifies contaminants and possible system malfunctions caused by wear of moving parts, such as bearings and shafts. This predictive wear analysis provides early identification of problems prior to them becoming unplanned and costly. Based on the oil analysis results, proposer will recommend when oil changes are needed, and may make other recommendations regarding the operation and maintenance of your chiller plant. This service reduces the amount of waste oil generated. Cooling Tower Drain & Refill as Required Proposer may be required to remove the condenser water from HVAC systems after the cooling season to prevent possible damage and expensive repairs caused by water freezing during winter months, and refill the system prior to spring start-up. The equipment included under this service is itemized in the HVAC Equipment List. Operating Inspection as Required Proposer may be required to provide this service to assure that mechanical equipment continues to operate efficiently with minimal operating disruptions during the operating season. Proposer City Council 27 — 41 3/16/2021 may be required to provide routine operating inspection(s) to check system performance in accordance with a program of standard routines as determined by our experience, the equipment manufacturer's published recommendations, equipment application, and location. This service will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation. Operating Inspection — Heating as Required The proposer may be required to provide this service to assure mechanical equipment continues to operate efficiently, safely and with minimal operating disruptions during the operating season. The City Representative will provide routine operating inspection(s) to check system performance in accordance with a program of standard routines as determined by our experience, the equipment manufacturer's published recommendations, equipment application, and location. This service will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation. Operating Inspection — Cooling as Required This service may be required to assure mechanical equipment continues to operate efficiently, safely and with have minimal operating disruptions during the operating season. Proposerwill provide routine operating inspection(s) to check system performance in accordance with a program of standard routines as recommended by the equipment manufacturer's published recommendations, equipment application, and location. This service will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation. Equipment Tasking as Required The following tasks may be requested on an as needed basis. These tasks are designed to maintain the equipment in an optimum operating condition so that the equipment will operate reliably and efficiently. Reciprocating Compressors: 1. Perform annual Spectro-Chemical oil analysis test. 2. Preventive maintenance shall be performed as required. 3. Lock -out and Tag -out equipment as required. 4. Check all electrical wiring and connections and tighten as required. 5. Check starter contactor surfaces for wear as required. 6. Visually leak check compressor and associated refrigerant piping as required. 7. Clean exterior of compressor as required. 8. Check operation of crankcase heater as required. 9. Meg -ohm motor from starter and record as required. 10. Check and calibrate all safety and cut-out devices as required. 11. Check and adjust compressor capacity controls as required. 12. Check, calibrate and adjust all operational controls as required. Exhaust Fans: 1. Preventative Maintenance as required. 2. Lock -out and Tag -out equipment as required. 3. Check all electrical wiring and connections and tighten as required. 4. Check all motor starter contactor surfaces for wear as required. 5. Clean starter and electrical control enclosures as required. 6. Lubricate motor bearings and fan bearings as required. City Council 27 — 42 3/16/2021 7. Check exhaust fan belts for wear, replace as required. 8. Check belt tension and sheave alignment and adjust as required. 9. Inspect exhaust fan unit assembly as required. 10. Check all mounting hardware and tighten as required. Pneumatic Air Compressor: 1. Inspect unit, check for rust spots, oil leaks & general condition of unit as required. 2. Drain tank, check auto drain as required. 3. Check belt, adjust tension & sheave alignments, and replace belt as required. 4. Meg -ohm and record, as required. 5. Check starter wiring & contacts as required. 6. Check motor amperage & voltage as required. 7. Check intake air filter, replace as required. 191i:FITMI1.70 1. Provide four (4) quarterly inspections and maintenance for (21) Air Handlers. 2. Preventive maintenance as required. 3. Lock -out and Tag -out equipment as required. 4. Check starter contacts for excessive wear as needed. 5. Tighten all starter wire connections as required. 6. Check belts, adjust or replace as needed. 7. Check pulley sheave alignment, adjust as required. 8. Meg -Ohm motor and record annually. 9. Check fan motor(s) amps. 9. Clean and lubricate unit motor bearings and fan bearings. 10. Check operation of economy dampers. 11. Lubricate all dampers and linkages as necessary. 12. Check operation of static vane (if applicable) 13. Visually check all coils for leaks (Annually) 14. Check and record all coil delta T (Annually) 15. Inspect all mounting hardware, tighten as needed. Multi -zone Air Handlers: 911 Dispatch Area 1. Provide annual Preventive Maintenance Inspection on two (2) York Air Handlers. 2. Preventive maintenance as required. 3. Lock -out and Tag -out equipment as required. 4. Check fan motor amps as required. 5. Clean and lubricate components as required. 6. Check operation of economy dampers as required. 7. Check operation of static vane or dampers as required. 8. Check operation of zone dampers as required. 9. Check and adjust operating and safety controls as required. Package Chiller: 1. Lock -out and Tag -out equipment as required. 2. Check condenser / Barrel tubes as required. 3. Check Chiller barrel tube as required. 4. Check and record unit amp draw as required. 5. Check unit Voltage and Record as required. City Council 27 - 43 3/16/2021 6. Check unit pressures and record as required. Chiller with Reciprocating Compressors: 1. Provide annual vibration analysis for two (2) York Chillers. 2. Provide annual leak test for two (2) York Chillers. 3. Provide four (4) quarterly inspections and maintenance for two (2) York Chillers. 4. Provide chiller controls coolant for two (2) York Chillers 3. Visually inspect equipment condition and operation as required. 4. Check for unusual vibration, noise, excessive temperatures & refrigerant leaks as required. 5. Check unit voltage and record as required. 6. Check unit operate and records as required. 7. Check unit operating hours and record as required. 8. Check condenser pressure and record as required. 9. Check evaporator pressure and record as required. 10. Check oil sump sight glass as required. 11. Record chilled water inlet temperature. 12. Record chilled water outlet temperature as required. 13. Check condenser water inlet as required. 14. Check condenser water outlet temperature as required. 15. Check compressor starter contacts for abnormal wear as required. Variable Frequency Drive: 1. Check unit operation quarterly as required. 2. Check fault history report as required. 3. Check operation of manual bypass as required. 4. Verify drive signal increase and decrease as required. 5. Check and tighten all electrical connections as required. 6. Check starter contacts for wear as required. Computer Room Air Conditioning Units: 1. Check all electrical wiring and connection as required. 2. Check and replace filters as required. 3. Check all electrical wiring and connections; tighten as required. 4. Check starter contactor surfaces for wear as required. 5. Check compressor amps and record as required. 6. Check sight glass for moisture level as required. 7. Check operation of crankcase heater as required. 8. Lubricate condenser fan motor and fan bearings as required. 9. Check condition of condenser coil, clean as required. 10. Check belts for wear, replace as required. 11. Check and adjust compressor capacity controls as required. 12. Lubricate indoor fan motor and bearings as required. 13. Check humidifier for proper operation as required. Boilers: 1. Provide annual Preventive Maintenance Inspection on two (2) Bryan Boilers. 2. Provide annual Preventive Maintenance Inspection on four (4) Hot Water Boilers. 3. Check boilers for proper operation as required. City Council 27 - 44 3/16/2021 4. Check and use boiler viewport to check main burner flame as required. 5. Turn off and secure boiler as required. 6. Check boilers for any unusual noise or vibration as required. 7. Inspect gaskets for any signs of leaks as required. 8. Examine the venting system as required. 9. Remove and / or inspect gas pilot assembly, reinstall in accordance according to factory specifications and tolerances. 10. Check boiler circulating pumps for proper operation and lubricate as required. 11. Check flame safeguard control for pilot and main flame ignition as required. 12. Check operation of blower motor and circuitry as required. 13. Check operation of gas valves and vents as required. 14. Inspect and tighten all electrical connections as required 15. Check and adjust all boiler limit pressure controls and running interlocks as required. 16. Check operation and adjust low water controls as required. 17. Check burner, pilot and main flame ignition as required. 18. Check and oil combustion air fan as required. 19. Check expansion tank and site glass as required 20. Check and record all entering and leaving water temperatures and pressures as required. 21. The equipment room shall be left in the same clean condition as existed prior to start of the work. 22. Refer to equipment O&M manual for any maintenance clarifications. Cooling Tower: 1. Provide four (4) quarterly inspections and maintenance. 2. Preventive maintenance as required. 3. Lock -out and Tag -out equipment as required. 4. Check starter contacts for excessive wear as needed. 5. Tighten all starter wire connections. 6. Check gear reducer and couplings. 7. Meg -Ohm motor and VFD's. 8. Check fan balance and motor(s) amps. 9. Clean and lubricate unit motor bearings and fan blades. 10. Check operation of media and flow. 11. Lubricate all dampers and linkages as necessary. Chilled Water Pumps: 1. Check pump and motor operation. 2. Check fault history report as required. 3. Check and operate bypass valves. 4. Checks and verify strainers for optimum flow. 5. Check and tighten all electrical connections as required. 6. Check starter contacts for wear as required. 7. Check and record motor amp. 8. Lube and grease motor bearings as needed. Johnson Controls: 1. Inspect and repair NCU 1 to NCU 12 for optimum operations. 2. Inspect and repair as needed 21 air handler controls and 46 VFD. 3. Inspect all damper motors controls and set points. City Council 27 - 45 3/16/2021 4. Provide JCI parts as needed. 5. Check and calibrate all safety and cut-out devices as required. 6. Check and adjust programming as required. 7. Inspect Energy Management System (EMS) data base and adjust as needed. Shooting Range: 1. Perform annual air balancing per requirements. 2. Perform inspection and maintenance as required. 3. Lock -out and Tag -out equipment as required. 4. Check fan motor amps as required. 5. Clean and lubricate components as required. 6. Check operation of economy dampers as required. 7. Check operation of static vane or dampers as required. 8. Check operation of zone dampers as required. 9. Check and adjust operating and safety controls as required. Freezers and/or Refrigerators: 1. Check all operation, electrical, condensers, evaporators and refrigeration. 2. Check starter contactor surfaces for wear as required. 3. Check compressor amps and record as required. 4. Check sight glass for moisture level as required. 5. Check operation of crankcase heater as required. 6. Lubricate condenser fan motor and fan bearings as required. 7. Check condition of condenser coils, clean as required. 8. Check belts for wear, replace as required. 9. Check and adjust compressor capacity controls as required. 10. Lubricate indoor fan motor and bearings as required. HVAC SERVICES — Pneumatic Applies to Police Headquarters Facility Only Preventive Maintenance as Required Proposer may be required to provide preventative maintenance on Pneumatic Air Compressors that responds to changes in mechanical component performance, building use, and climatic conditions. Service shall be in accordance with a program of standards as recommended by equipment manufacturers' recommendations. HVAC SERVICES - Water Treatment Applies to Police Headquarters Facility Only Water Treatment Services as Required Proposer may be required to provide Industrial water treatment to identify four main problem areas: scaling, corrosion, microbiological activity and disposal of residual wastewater. Water treatment services will extend equipment life, provide operational efficiency, minimize downtime and control water born disease such as Legionnaires' disease. HVAC SERVICES - Infrared Service Applies to Police Headquarters Facility Only Infrared Electric Panel Inspection as Required The infrared inspection may be requested as it is an important form of non-destructive testing that has become an indispensable predictive maintenance tool for electrical service panels. It shall be performed with a portable infrared imaging system; equipment that detects infrared energy City Council 27 — 46 3/16/2021 (heat) emitted from an object and displays it as a dynamic thermal image. Using the IEEE/ANSI Standard, this inspection aids in the evaluation of component temperatures. Proposer may be required to perform a biennial Infrared scan of main electrical panels. A detailed report will be provided upon completion of onsite scan. ENERGY SERVICES Applies to Police Headquarters Facility Only Energy Optimization Services As Required Proposer may be required to perform a benchmark analysis that compares a building's energy performance against industry -recognized benchmarks and provides facility owners and operators with an objective assessment of facility performance and a valuable starting point to identify and quantify the value of energy conservation efforts. Through the Benchmark Report, Proposer will create an energy baseline and obtain, if applicable, an ENERGY STAR Performance Rating utilizing Energy Star Portfolio Manager to generate a Statement of Energy Performance. This rating compares our building's performance against buildings of similar type and operating characteristics in similar climate zones. This report will provide key data points in addition to an ENERGY STAR Performance Rating including Energy Usage Intensity (EUI), Energy Cost Intensity (ECI), and the facility's Greenhouse Gas Emissions. In addition, Proposer may be required to conduct a detailed analysis of facility interval meter data, when available from site metering and/or the utility provider. This enables us to gain further insight into facility performance, and provide a snapshot report to help understand performance and pinpoint areas for operational efficiency. Based on current energy consumption and prices, Proposer energy analysis will suggest potential improvement measures and quantify the impact on energy usage, cost savings and GHG reductions. Technology and Energy Audits Applies to Police Headquarters Facility Only Proposer may be required to review designated HVAC systems, evaluating the current use of our HVAC Systems and what may have been changed or been modified in our daily facility operation that impacts the effectiveness of the system. Proposer may review applicable building control technologies, suggest possible new strategies or technologies that could be implemented to enhance our current system, and consider what changes, enhancements and/or upgrades should be made to facilitate our future plans. In addition, recommendations should be made about adding and/or modifying applications, sensors, points panels and/or software where needed to improve building operation and performance. Proposer may interface with the local utility provider to determine possible incentives and rebates. Once the review is completed, a written report of the findings and recommendations may be requested. HVAC EQUIPMENT LIST POLICE DEPARTMENT HEADQUARTERS (Maintenance & Repairs for this facility) 60 Civic Center Plaza Air handlers: 21 Gravity Roof Vents: 15 Small recirculating pumps: 16 Chillers: 2 reducer York Model YTHIJ3E2CRG Building Boilers: 2 Exhaust fans: 52 Large water pumps: 24 Cooling towers: 2 Marley Twin w/20HP Motor & gear Water booster system pumps: 3 A/C units: 8 City Council 27 — 47 3/16/2021 Bryan Model RV450-W-FDG-WXL 3,600,000 MGH (1995) Water heater boilers: 4 (Evidence) 2 - Model 1250 N 600 ATP-PVI 1,000,000 BTU/HR 2 - Model 1500 N 1500 ATP-PVI 1,200,000 BTU/HR IT Server Room - Air Conditioning Units 1 — Liebert - Model VEZ45A-AAM Ser: 307193-001 Kitchen) 1 — Liebert — Model CDF308LA Remote Condenser Ser: 94009100 2 — DataAire — Model DTWV-0532 A/C Units 911 Dispatch Center 1 — York Air Handler Model D2CE240E03646ECC with two (2) compressors and heating Large Walk-in Freezers: 6 3 - Model LAHA-032E-TAD-100 3 - Kolpak AE66280B (Jail Kitchen) Large Refrigerators: 4 1 - Model K55HIJZF (Evidence) 3 - Kolpak Cold Zone (Jail Variable Frequency Drives: 46 NOTE: York Rotary Chiller YSCBCAS1-CHA was decommissioned and does not require any attention. Repairs as needed — for these facilities - Time & Materials Only CITY HALL 20 Civic Center Plaza Air Handler #11 — 8th Floor Air Handler #10 — 7th Floor Air Handler #09 — 6th Floor Air Handler #08 — 5th Floor Air Handler #07 — 4th Floor Air Handler #06 — 3rd Floor Air Handler #04 — 2nd Floor Air Handler #01 — 1 st Floor Air Handler #02 — 1 st Floor Mezzanine Air Handler #05 — Council Chambers Air Handlers — Basement Data Rooms 1 & 2 Chilled Water Pump #1 Chilled Water Pump #2 ROSS ANNEX Trane box car units: 3 Ajax Boiler: 1 Split Systems: 4 CENTRAL LIBRARY 26 Civic Center Plaza Air Handler #01 — Basement Air Handler #02 — Basement Air Handler #03 — 1 st Floor Children's Area Basement exhaust Cond #1 Cond #2 Fluid cooler for Liebert Exhaust unit Chiller - AVM Condenser Restroom exhaust Fluid cooler for Data Center Exhaust Air Compressor #1 Air Compressor #2 Hot Water Pump Flash Tank Roof Exhaust Units (3) Hot Water Pump: 1 Exhaust Fan Chilled Water Pump - basement Hot Water Pump - basement Rooftop exhaust units City Council 27 — 48 3/16/2021 CORPORATION YARD - ADMIN 220 Daisy St. 50-Ton Rooftop HVAC: 1 RAPAC Boiler: 1 5-Ton Rooftop HVAC: 2 Return Fan Hot Water Pumps: 2 Split Systems: 6 FLEET OPERATIONS 215 Center St. 10-Ton Ice Bear: 1 Supply Fans: 4 Exhaust Fans 3-Ton Package Units: 3 STORES WAREHOUSE 10-Ton Package Units: 2 Exhaust Fans: 4 NEWHOPE LIBRARY 122 Newhope Street 30-Ton Carrier Package Unit: 1 Split System MCFADDEN LEARNING CENTER 2627 W. McFadden Ave. 15-Ton Trane Package Units: 2 Split System SANTA ANITA CENTER 300 S. Figueroa St. 3-Ton Carrier Package Unit: 1 Split System SANTA ANA SENIOR CENTER 424 W. Third St. 35-Ton Package Unit: 1 Roof Top Unit SOUTHWEST SENIOR CENTER 2201 W. McFadden Ave. 4-Ton Package Units: 6 Split System City Council 27 — 49 3/16/2021 CORBIN CENTER 2215 W. McFadden Ave. 2-Ton Package Units: 5 5-Ton Package Units: 2 Split System JEROME CENTER 726 S. Center St. 4-Ton Package Units: 5 Split System EL SALVADOR CENTER 1825 W. Civic Center Dr. 3-Ton Package Units: 7 4-Ton Package Units: 2 1-Ton Package Unit: 1 Split System SANTA ANA REGIONAL TRANSPORTATION CENTER 1000 W. Santa Ana Blvd. 157-Ton Chiller Unit: 1 Chiller Air Handlers: 57 GRAND CENTRAL ART CENTER 125 N. Broadway 100-Ton Chiller Unit: 1 Chiller Air Handlers: 55 City Council 27 — 50 3/16/2021 December 7th, 2020 I (mce 809 98.2'226 J 24.Hr Service Phil Neff 88 E Walnut Sn"Pet Project Manager Pas'adena, CA 91101 20 Civic Center Plaza Santa Ana, CA 92701 Re: RFP for Facility HVAC Service, Maintenance and Repairs at Various City Facilities Dear Phil: Thank you for considering ACCO Engineered Systems for the opportunity to help maintain the Santa Ana Police Department and various sites throughout the City of Santa Ana. As the largest private mechanical contractor in the United States, ACCO is the most uniquely qualified and capable mechanical contractor with a depth of resources unparalleled in the industry. We have an extensive project history with many Cities and Local Jurisdictions. ACCO's project delivery team is ready and able to manage this Service, Maintenance and Repair contract with the City of Santa Ana. We currently maintain hundreds of buildings, facilities, districts, and campuses throughout the West Coast. Our team of technicians is more than qualified to work on any of the equipment listed in the RFP. Some of the local cities that we maintain include the City of Irvine, the City of Los Angeles, the City of Glendale, the City of Santa Monica, and many others. ACCO Engineered Systems received a copy of the RFP for the Facility HVAC Service, Maintenance and Repairs at Various City Facilities used by the City of Santa Ana, including the indemnity provisions and professional and general liability insurance provisions contained therein. If given the opportunity to contract with the City, ACCO Engineered Systems has no substantive objections to the use of this Agreement. I, Patrick Rochon, certify that no Board member, official or employee of the City of Santa Ana, nor any business entity in which an official of the City has an interest, has been employed or retained to solicit or assist in the procuring of the resulting contract, nor that any such person will be employed in the performance of any contract without immediate divulgence of this fact to the City of Santa Ana. I, Patrick Rochon, Regional Manager, ACCO Engineered Systems, certify that I have read the attached RFP and accompanying instructions and that I am authorized to commit ACCO Engineered Systems to the proposal submitted. Thank you again for the opportunity to submit our qualifications. We look forward to discussing this project further. Sincerely, Patrick Rochon Regional Manager City Council 27 — 51 3/16/2021 4 ,talflished 11)34 cuer,o 7TOW'J, tengineeredpwpll Table of Contents Historyof ACCO............................................................................................. 3 Project Management....................................................................................... 4 BuildingServices............................................................................................ 5 Resumes...................................................................................................... 7 JobHazard Analysis...................................................................................... 11 ImplementationPlan...................................................................................... 14 ExhibitC......................................................................................................................... 15 ExhibitD..................................................................................................... 16 ExhibitE..................................................................................................... 17 ExhibitF..................................................................................................... 18 ExhibitG..................................................................................................... 20 ExhibitH..................................................................................................... 25 ExhibitI...................................................................................................... 26 ExhibitJ...................................................................................................... 32 City Council 27 — 52 3/16/2021 ACCO Engineered Systems was founded in 1834aaAir Conditioning Company kACC[U, a proprietorship, by |ns Rendea Fu|mor at 1005 Santa Fe Sineei, Los Angeles. The former name of the company was chosen to indicate what the company did because few people knew about air conditioning. In 1949' the business moved from downtown Los Angeles toGlendale ai its present address. In 1950. ACCO transformed from an air conditioning distributor and became an independent corporation. Kenneth D. Simonway President from 1969 to 1980.Theodo/e M. Seidman was President from 1981 to 1889, followed by John /vensano in 1990. and Peter Narbonne in 2014. ACCO has a corporate Board of Directors made up of inside officers and outside directors with four scheduled meetings per year, presided over by the Chairman of the Board. Over the years ACCO has grown to become a leader in the design, installation, and service of industha|, commercial, hiQh-rioe, rnoidenda|, and institutional air conditioning, heahng, vend|a/ion, plumbing, process piping' and DDConntm| systems. ACC0's name was changed in 2002 to ACCO Engineered Systems h/ better reflect the many aspects of its business. A national trade publication recently ranked ACCO among the 5 largest heating, ventilating, and air conditioning contractors in the nation. ACCO's offices and manufacturing facilities occupy over 2Oacres. Theconmtruodonwmrkamosinc|udeoffim*buUdinQo.biophannoceuhoa|'snmi-oonduchocmedimalceniemand huopka|a, miom-e|ectmnico, manufacturing planis, entertainment retail, telecommunications, educational facilities, data centeo, and high rise residential. ACCO has completed work inArizona, California, Florida, Havvii'|daho'U|inois.Louisiana.Maryland.&1iohiOan'Nevada.NewJymey.NewMexico.Oregun.Tenneaoee. Texas, Utah, Virginia, Washington, Washington D.C., and Mexico. ACCO'sgeneral offices are located in Glendale, CA, with other principal offices in San Leandro, Sacramento Orange Coumy, Azuaa, Gun Diego, 8akeefie|d, Fresno, Petaluma, Redding' Vacaville, CA. Boise' |4 Las Vegas' NV, and Seattle, WA. V171 I -a M11 I A1ACCC\when weaccept ejob, weaccept all the responsibility that goes with it. AnACCOProject Manager supervises the project from the initial contact through conceptual studies, engineering design, energy studies, estimating, sales, construction and commissioning. This responsibility continues through final acceptance as well aathe warranty period. Your Project Manager's responsibility is to get your job done ... on time and on budget. ACCO pioneered this single source of responsibility to ensure that we adhere strictly to all of the project requirements, quality demands and time schedules. �=��~����������������������N� ~_~_�°°°� °�=° Project ~,�=���~� Keeping on schedule requires a large amount of up-to-date information. ACCO maintains a computerized database onall projects ioallow project managers to have immediate access ho up-to-datelabor reports, equipment and materials status, and time and cost accounting. ACCO has successfully completed projects of every variety- from simple warehouse installations to complex semiconductor and bio-tech fabrication facilities requiring the most advanced technological skills. We can work with an engineer of your choice to develop and analyze systems for your project, or you can utilize ACCD's in-house engineering resources todesign the system for your project that meets your quality and budget requirements. In both cases, weguarantee price, performance, and schedule. ACCOhas one ufthe largest and most experienced service departments inthe nation. VVeprovide service and long-term maintenance agreements toover 70OO accounts throughout the Western United States. Properly maintained mechanical and control systems conserve energy, increase productivity and satisfy the needs of owners, tenants and production managers. ACCO field service mechanics are trained signatory apprentices and journeymen dedicated solely to servicing H\8\C mechanical systems. DDC Controls systems and water treatmentapplications. ACCOhas one ofthe most modern fleets inthe industry, VVehave over 3OOtruck-based mobile field mechanics who can respond on site in less than 1 hour for most emegencies. They are avaliable 24 hours a day, 7 days a week. ACCD reduces emergency repair costs by providing comprehensive maintenance solutions. This extends the life ofthe equipment, prevents catastrophic failures and ensures energy effiniency. ACCO'sengineering team can handle any size and any type of project, from a small package system to complex manufacturing facility. We have the experience and know-how to ensure that your system will run efficiently and deliver the best possible results tailored ioyour needs. Preventive Maintenance Protect your mechanical system investment Equipment Repairs Get your syotemback upand operating, quickly and expertly, minimizing impact onprocess and building operations. Equipment Modernization Replace, upgrade, modernize, and retrofit your system due toage, obsolescence, or energy efficiency. ^1Umt-|n_Ti0e^Service U8|'yeyy Guaranteed two-hour emergency response time for our contract customers. Uualified Technicians The best and most highly trained in the industry. Chiller Service Our Centrifugal Group specialists are trained and certified ioservice and repair all types ofchillers. Water Treatment Our qualified technicians can prevent tube fouling� maintaining system capacity and efficiency. Tenant Improvements Prevent employee discomfort, reduced pmductivby, loss ofrevenue, and increased vacancies. Direct Digital Controls Designed and installed byACCO'provide operational efficiency inyour processes and rn00'ss'DD'UD Services Ensures that the performance ofinstalled equipment and its peripheral systems operate a1their peokbyadhering tothe design specifications. Predictive Diagnostic Services Offers anearly warning system, which alerts and minimizes possible equipment failures before ithappens. I I � Office buildings must becomfortable for the occupants. Recording studios must bequiet. Fabrication facilities must be clean. Mechanical systems must be properly designed, instaUed, and se{ upfor proper operation. ACCO is NEBB (National Environmental Balancing Bureau) certified in air and water balance, H\AC compliance, field installation, verification and sound and vibration. ACCD's commissioning technicians provide the final system babmJng, verification, and documentation ensuring the systems function aadesigned. ����r� ����K�~��~��~�� ~~��� ��~~~~~~~��~�~~~~~� Commissioning existing buildings offers substantial energy savings and improved operation. Our group is utm-commissioning certified and can assist in obtaining utility rebates where available. ACCO is leading the way to a greener tomorrow with our Energy Services Group. Energy Service projects are loosely defined as those which incorporate improved levels ofenergy efficiency and reduced utility costs as a primary project objective and which often incorporate much needed facility infrastructure upgrades as part ofthe scope ofwork. Byleveraging the resulting energy cost savings, companies are often able iofund replacements and upgrades that previously were not inthe budget. Energy Service Companies (ESCOs) perform energy audits, study environmental impacts of she construction, provide financing to customers, and guarantee savings that result from the implementation of various energy efficiency measures. ACCO has a long history ofworking with established and successful E3CO firms under u partnership arrangement. ACCO's Energy Services Division supports our ESCD partners by providing manpower, tools, technicians, engineering, budgeting and preliminary layout and design drawings during the pre -construction phase of energy focused projects. During construction, ACCO's Energy Services Division provides required manpower and supervision for the mechanical and electrical trades. Oftentimes' at the customer's mquest. ACCO fills the role of overall site superintendent and oversees the hiring and management ofall other construction trades. * Central Plants & Retrofits • Energy Efficiency &no -Commissioning wAutomation and Lighting Resume � I Experience I Education 1999-Present ACCO Engineered Systems, Inc., Costa Mesa, CA Senior Project Manager - Special Projects 1994-1998 Control Air Conditioning Company, Orange, CA Sales Manager - Service Department 1988-1994 ACCO Engineered Systems, Inc., Glendale, CA Project Engineer 1987-1988 Burke Engineering, Las Vegas, NV Field Sales and Marketing 1985-1987 Lawyer Trane, Las Vegas, NV Sales and Project Management 1976-1985 Southwest Air Conditioning, Las Vegas, NV Service Technician and Sales 1975 Ed W. Clark High School Executive Summary Mr. Lewis has over 35 years of project experiences of which includes small tenant improvements to large mechanical retrofits. He has successfully completed work as a "Prime Contractor" when mechanical work is the main focus to include complete building renovations or replacements. Additional experience involving a design build approach of many retrofit projects to include Mechanical, Electrical and DDC systems from the inception, budgeting, execution and on through to the completion of the project. Certified Energy Manager CCSD Food Storage - Ammonia Pipe Replacement, Las Vegas, NV ORR Middle School - Rooftop Replacements, Las Vegas, NV Las Vega High School - Center Plant, HVAC modifications, Las Vegas, NV Silverado High School - Center Plant, HVAC modifications, Las Vegas, NV Laughlin High School - HVAC Replacement, Laughlin, NV Silverado High School -Central Plant- HVAC Replacement, Las Vegas, NV Golden Nugget - Las Vegas, Central Plant Replacement, Las Vegas, NV Les Lewis - Senior Project Manager 714.352.2226 1949.735.4944 I lewis(aaccoservice.com City Council 27 — 57 3/16/2021 [continued] Encino Gateway - Chiller Plant Retrofit, Encino, CA Orange County Register - Chiller Retrofit, Santa Ana, CA County of Orange - Hall of Records, Santa Ana, CA County of Orange - Administration Building, Santa Ana, CA Cypress College - AHU Retrofits, Cypress, CA Fullerton College - Telecom Systems, Fullerton, CA Irvine Company - Irvine Campuses, Irvine, CA Bank of America - Critical Facilities, Pasadena, CA San Onofre Power Plant, San Clemente, CA Q-Logic, Aliso Viejo, CA Tireco - AHU & DDC Controls, Gardena, CA UNISYS - Renovation, Irvine, CA Sybron - Renovation, Anaheim, CA McMaster Carr - Renovation, Santa Fe Springs, CA Golds Gym - Renovation, Los Angeles, CA 2020 Santa Monica - Renovation, Santa Monica, CA Hilton LAX - Cooling Towers, Los Angeles, CA Team Disney Buildings H5, H6, & H7, Burbank, CA West Cooling Tower Replacement, Anaheim, CA Disneyland Hotel - Conference Room AHU's, Anaheim, CA Paradise Pier Hotel - AHU's, Anaheim, CA Tesoro Chiller Replacement, Wilmington, CA Irvine Company - Several Central Plant Retrofit Projects, Irvine, CA SCE IOC Irvine -Central Plant Replacement, Irvine, CA Kavo Kerr - HVAC, Industrial Process Systems, Pomona, CA World Trade Center - Central Plant Replacement, Los Angeles, CA Los Angeles Health Services - Central plant replacement, Los Angeles, CA St Jude Medical Center - HVAC Renovation, Sylmar, CA Les Lewis - Senior Project Manager 714.352.2226 1949.735.4944 I lewis(aaccoservice.com City Council 27 — 58 3/16/2021 i I 4 M �VIV�I II III �i� I I�I I �IIII� � 4r Experience I Education 2018-Present ACCO Engineered Systems, Costa Mesa, CA Service Sales Engineer 2016-2018 ACCO Engineered Systems, Costa Mesa, CA Design Engineer 2012-2016 California State University Fullerton, Fullerton, CA BS Engineering Executive Mr. Stevenson started in Engineering at ACCO Engineered Systems and helped designed projects ranging from small package unit change outs to a full central plant design and installation. After 2 years in Engineering, he moved into the Service Division to focus on project experiences. His main focus includes retrofit projects with Mechanical, Electrical, and DDC upgrades. Professional Engineer NoHo West - Central Plant, Hollywood, CA The Irvine Company - Package Unit Replacements, Irvine, CA The Irvine Company - Chiller Replacements, Irvine, CA CCSD - Ammonia Piping Replacement, Las Vegas, NV Hawthorne School District - HVAC Replacement and Controls Upgrade, Hawthorne, CA Arcadia School District - Controls Upgrade, Arcadia, CA Irvine Barclay Theatre - Rooftop Package Unit Replacement and Controls Upgrade, Irvine, CA Bowers Museum - Rooftop Package Unit Replacement and Controls Upgrade, Santa Ana, CA Santa Ana Police Department - Package Unit Replacement, Santa Ana, CA Douglas Stevenson III, P.E. - Service Sales Engineer 714.352.2226 1562.217.1437 dougstevenson3Cagmail.com City Council 27 — 59 3/16/2021 Acco Area 7125 Orange County GroLip Bill Gutierrez 31 years in the Industry 14 years 11 mo with ACCO Local 250 certified Journeyman UA Star Certified ALC training beginner and advanced operator program. Carrier Screw Liquid Chiller Training Trane RTAC Air Cooled Series R Chiller training class Trane Intellipak training class Darren Martz 32 Years In Industry With Local 250 25 of those years in Refrigeration includes Ice Machine Repair 5 Years with ACCO EPA & Liebert Certified Area 7800 Centrifugal Group Resumes Jeff Perez 37 years in the Industry 29 years at ACCO Local 250 Certified General Foreman Chiller group Area Manager 15 year lifetime Journeyman Certification from Local 250 EPA Certified McQuay, York, Trane, Carrier, Bitzer, MCS, factory schooled Jorge Sanchez 20 years in the Industry 11 years at ACCO Local 250 Certified General Foreman Local 250 Training Instructor Chiller group Area Supervisor UA Star Certified EPA Certified McQuay, York, Trane, Carrier, Bitzer, factory schooled City Council 27 — 60 3/16/2021 JOB HAZARD ANALYSIS Application Returning to work- Low Risk Construction Project Phase Work at low risk facilities during COVID-19 concerns Activity: Various Routine Construction Activities This JHA provides guidance on hazard identification and controls for hazards expected to be encountered while performing work in facilities where there is a low risk of exposure to viruses such as COVID-19. **Low risk include sites that do not provide medical treatment services. This would also include work in medical facilities that are inactive, those where ACCO personnel are not entering or engaging in direct contact with workers in said facility.** Potential Safety/Health Hazard: List the hazards associated with each principal activity. 1. Potential exposure to pathogens causing illness to workers (e.g. COVID-19). Planned Controls: List specific controls for each potential hazard such as engineering controls, administrative controls, or personal protective equipment. • Speak with General Contractor/ customer to identify the risks in the area to be worked. • Have there been any potential or confirmed cases on the site? (if yes, pause work and notify safety) • What is the GC's exposure control plan, ensure we have a copy and can be in compliance • Report an exposure (new) — If you have been in close contact or proximity with someone who has a confirmed case of COVID-19, you must report this immediately to your supervisor. • Suspend work in area until the supervisor has given return to work instruction • Supervisors are to notify their area Safety Manager, Superintendent, Department Manager and Construction Manager to assist with investigating the circumstances • Exposure findings will be reported out to the following- Safety, Superintendent, Department Manager, Construction Manager, HR, and Risk Management, and direction will be given to site supervisor from this team. • Supervisor and Safety to implement plan developed for the specific incident • DO NOT share PPE (e.g. face shields) • Avoid using common drinking water dispensers, use water bottles whenever possible and discard into the appropriate receptacle • Stay home - If you have early symptoms of illness, including cold- or flu -like symptoms, please notify your supervisor and stay home until your symptoms have subsided. These symptoms include, but are not limited to, fever, congestion, sore throat, nausea, overall achiness, cough, shortness of breath, etc. • Go home - If you become sick during the day, please notify your supervisor and go home. • Cover your cough or sneeze - Always cover your mouth and nose when sneezing or coughing, using a tissue, your elbow, or your shoulder • Wash or sanitize frequently - Wash or sanitize your hands • Ensure that wash areas are maintained and if they need attention notify your supervisor immediately. • Clean tools and high touch areas frequently with disinfectants • Don't touch - Use a tissue when touching door handles and other surfaces in common areas • Avoid your face - Avoid touching your face, eyes, nose and mouth • Discontinue handshakes - Discontinue, handshakes during this period • Maintain at least 6 (six) feet of "social distance" between yourself and other workers, E.g. • During meetings (do not schedule group meeting where 6' cannot be achieved) • When on lifts 27 — 61 3/16/2021 JOB HAZARD ANALYSIS • Exercise caution and maintain 6' distance from active plumbing vents • In addition to this JHA a Safety Pre -Task, form completed and reviewed with the work team to asses any potential new hazards (changing conditions) and communicate controls/ actions daily. • The following are be considered "at risk" and not dispatched to the site: • Workers over the age of 65 • Workers with existing immunocompromised health issues or diabetes • Workers who have knowingly been exposed to COVID-19 Jobsite Inspection Requirements: List specific jobsite inspection requirements Communicate any known concerns at the facility with your supervisor prior to performing work. Supervisors and safety should inspect that disinfecting areas are maintained and tools and high touch areas are kept clean. Training Requirements: List worker -training requirements including hazard communication Supervisor to review this JHA with crew members. Crew members and Supervisor must sign Review and accept Safety Flash on COVID-19 and Flu. Name Print Sign Clock Number Supervisor: 27-62 Date: 3/16/2021 ccrO'k engtineerefe sys ems V ACCO Engineered Systems has a comprehensive safety program managed by 18 full time safety managers. The fundamentals of ACCO's safety program are training, safety awareness, comprehensive incident investigations and safety reviews. Regular newsletters are distributed to the crews to make them aware of new corporate initiatives and safety -related events in the company. Through this commitment to safety, ACCO has established among the lowest EMR and RIR rates in the industry. Our 2020 corporate EMR is 0.53. Total Manhours Corporate EMR TRIR LTIR DAffr 2019 9,223,291 0.49 1.8o 0.39 1.45 2018 7,695,751 0.47 1.95 0.44 1.48 2017 6,213,932 0.54 1.45 o.61 o.87 2016 5,985,674 0.52 2.34 0.97 1.74 2015 5,157,199 0.52 1.36 0.70 o.85 ACCO's training program is comprised of a combination of orientation for new employees and training based on the hazards they are exposed to while working. Every employee is provided safety training upon employment. When dictated by our union agreements or a project specific requirement is in place, ACCO employs drug and alcohol screenings. Supervisors and foremen are provided additional training to ensure we are compliant with the pertinent regulations and ACCO's policies and procedures. Task specific training is provided based on the hazards the employee may face. Recent Safety Awards 2020 ConstructSecure Platinum Safety Award 2017 Best in Class, Safety Excellence - MCAA 2oi9 AGC California, 3rd place, Safety Excellence 20:17 SMACNA, Outstanding Safety Record 2o18 SMACNA Outstanding Safety Award 20:17 AGC California Safety Excellence (3rd) 2oi8 SMACNA Most Improved Safety (Last 3 Yrs) 2017 Finalist for AGC National Safety Excellence City Council 27-63 3/16/2021 I ()HIce 809 98.2'226 J 24.Hr Service 888 E Walnut Sn"nnt Pa,s' n Iena, (:A kb1G9't'G Implementation Plan Emergency Repairs: ACCO has one of the most modern fleets in the industry. We have over 300 truck -based mobile field mechanics who can respond on site in less than 4 hours, 24 hours a day, 7 days a week. ACCO reduces emergency repair costs by providing comprehensive maintenance solutions. This extends the life of the equipment, prevents catastrophic failures and ensures energy efficiency. ACCO's engineering team can handle any size and any type of project, from a small package system to a complex manufacturing facility. We have the experience and know- how to ensure that your system will run efficiently and deliver the best possible results tailored to your needs. Our field technicians work with ACCO's project management team and our customers to provide the fastest repairs possible in critical moments. We take every step possible to update our customers about timeline and costs so they are able to make informed decisions. Repairs: During our maintenance, our technicians work with our project management team to update the customer about recommended or required repairs at the facility. We provide detailed quotes and repair timelines so that our customers know what the repair will entail. For repairs requested by the customer, a member from the project management team will meet the customer on site to review the issue and provide a quote with a detailed scope of work. As stated above, with a team of over 300 truck based mobile field mechanics, we are able to perform most repairs as soon as parts become available. Our service team checks multiple locations to find the best pricing with the fastest delivery times to ensure equipment is up and running. City Council 27 — 64 3/16/2021 4 ,talflished 7t34 cpn,,o 7 OW::Jt, C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement; or Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. ity Council 7 — 65 3/16/2021 CG 20 10 0 U © Insurance Services O ice, Inc., 2012 page 2 of 2 CITY OF SANTA ANA REQUEST FOR PROPOSALS 20-134 FOR FACILITY HVAC SERVICE, MAINTENANCE AND REPAIRS AT VARIOUS CITY FACILITIES RFP PROPOSAL PRICING LIST POLICE FACILITY — 60 Civic Center Plaza Provide Maintenance & Repair Services: Per Scope of Specific Services (Pages 12-18) and HVAC Equipment List (Pages 18-20) ........................... ......... ...Annual Cost $ 59,880.00 Time and Materials Onlv For work performed during regular business hours (Mon -Fri 7:00am to 5:00pm) Regular Technician .................................. ... $ 128.00 /hr Journeyman Chiller Mechanic ...................... 1 152.00 /hr Apprentice Chiller Mechanic ........... ......... _ $ 152.00 /hr Sheet Metal Fabricator ......... ....................... $ 118.00 /hr Balancing Technician ................................... $ _ 128.00 /hr Materials Markup Percentage % 24 Base price source: Dealer/Wholesale (MSRP, Wholesale, Dealer, Jobber) Company Name: ACCO Engineered Systems COMMENTS OR EXCEPTIONS: Acknowledged Addendum 1 dated Nov 20th, 2020 Acknowledged Addendum 2 dated Nov 30th, 2020 Acknowledged Addendum 3 dated Dec 1st, 2020 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council Facilities HVAC Service, M i7nt"en7r6--a7rRe�p-airs�20-134����� Page 39 CONTRACTOR AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 161h day of March, 2021 by and between Envise ("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 to provide heating, ventilation, air conditioning (HVAC) repair services, including emergency call out services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Contractor is one of five Contractors selected to provide HVAC repair services. The total aggregate amount, among the five contractors, shall not exceed the shared aggregate amount of $575,000 annually during the term of this agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. City Council 27 — 67 MOP f" 3. TERM This Agreement shall commence on April 1, 2021 for a three (3) year term with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless tenninated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is 51,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. City Council 27 — 68 3/1 f to 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: i. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Contractor shall supply City with a fully executed additional insured City Council 27 — 69 3/1 f 10 endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by City Council 27 — 70 3/1 9YOff 10 law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in City Council 27 — 71 3/1 PfH V' 10 addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. City Council 27 — 72 3/1 9YO ff" 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 To Contractor: City Council 27 — 73 3/1 7MRf to Envise Attn: Travis Fletcher 12131 Western Avenue Garden Grove, CA 92841 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney C Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR: Travis Fletcher Branch Manager City Council 27 — 74 3/1 f Io EXHIBIT A City Council 27 — 75 3/16/2021 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS 20-134 FOR FACILITY HVAC SERVICE, MAINTENANCE AND REPAIRS AT VARIOUS CITY FACILITIES SCOPE OF SERVICES & SPECIFICATIONS General Information The Contractor shall retain professional personnel who have successfully and competently provided municipal facility HVAC repair services on projects of similar scope and complexity. It shall be the Contractor's responsibility to provide as required by the City a competitive hourly rate for repairs and service of all aspects of HVAC systems in City defined facilities. All requested HVAC repairs / service shall be provided in accordance with the highest standards of the industry, skill, workmanship, applicable trade practices, meet warranties and in conformance to all applicable laws, codes and regulations. The successful Proposer's maintenance and repairs program for the Police Department Headquarters, and repairs as needed program for all facilities shall, at a minimum, include but not be limited to the specifications outlined herein. Services to be Provided It is the Proposer's responsibility to provide service proposals as required of HVAC trades, central plant chiller systems, air handlers, and automation systems as needed, and all requested services are to be compliant with all Federal, State, CARB, AQMD, OSHA and all other applicable regulatory requirements. Pricing Tabulation Sheets Prices as stated on the RFP 20-134 Pricing Sheet (Page 39) shall be for HVAC maintenance at the Police Department Headquarters only, and for repairs as needed at all facilities. HVAC Repair Staffing The Contractor shall provide staffing levels sufficient to provide a high level of customer service, program support, HVAC maintenance and repair at designated City facilities as required: Staffing should include staff certified and proficient in the complete maintenance and repair of Centrifugal Chiller systems, air handlers, pneumatic and DDC systems, walk in refrigerators and freezers, and a variety of package HVAC units. Additionally, service levels shall provide the capacity to respond expeditiously to situations involving the health and safety of employees and/or the public; comfort and operational capability of any public meeting space. Routine repairs, service requests or other non -urgent tasks shall be completed by journey level staff. The journey -level worker(s) shall be proficient in the following trades: All mechanical, electronic and pneumatic aspects of chilled water systems • Centrifugal chiller systems • VFD drives • Air handling systems • The interface and control of HVAC control systems • Walk in refrigerators / freezers / evidence freezers Billable Work All requested work shall be considered billable hours and will require that a competitive estimate for that proposed work be provided to the City Representative for consideration and approval prior to work being completed. City Council 27 — 76 3/16/2021 Security Background Check of Personnel Contractor is required t o provide security checks for all personnel assigned to work under this contract. Security checks will be coordinated through Santa Ana Police Department. Additional checks will be required for all new employees during the lifetime of the contract and all expenses shall be borne exclusively by the contractor. The City reserves the right to approve/refuse any prospective employees of the contractor as a result of the background check. The following information must be provided to the City Representative no less than 30 days prior to any employee's start of work: a. Full Legal Name b. Social Security Number c. California Driver's License or ID Number d. Birth Date e. Current Valid Address Damages The Contractor will be responsible for all damages to the facility or contents caused by Contractor, their staff, or by subcontractors during the performance of this contract. Tools & Equipment The contractor shall furnish and maintain all equipment necessary for properly service HVAC systems in City buildings. The City of Santa Ana reserves the right to inspect equipment to be used to perform services under this contract. Failure to provide regulatory compliant equipment for carrying out all requirements of this contract may be grounds for termination of the contract. Emergency Call Out Service It is highly desirable that the awarded Contractor provide 24-hour emergency service as needed in all aspects of HVAC emergency repair for Santa Ana Police Department and various other facilities, as included in this specification. Hours shall be Monday through Friday 5:OOpm to 6:OOam and 24-hours each day on weekends and holidays. Contractor shall have working personnel on -site within 1 hour of the call -out, or respond by telephone to the City Representative within 1 /2 hour if the problem is correctable through the use of a computer/modem to alleviate the source of complaint. HEATING -VENTILATION -AIR CONDITIONING (HVAC) SERVICE, REPAIR, MAINTENANCE AND MONITORING AS REQUIRED Contractor may be required to respond to indoor temperature complaints and provide expeditious correction and record complaints and corrections at all City facilities. Contractor shall be proficient in HVAC control systems. Contractor may be required to inspect all HVAC systems at least twice each year, with seasonal start- up and run inspections performed and documented. Contractor may be required to provide oversight and documentation of Seasonal Preventative Maintenance of chillers and boilers at the Police Headquarters Facility only; with service to be provided by Proposer. Contractor may be requested to perform the following services: • For cooling towers - may be required to disassemble screens and access panels for inspection, inspect the tower fill, support structure, sump and spray nozzles, fill valve, gear box, drive coupling, fan blades, and motor bearings, clean starter and cabinet, inspect wiring, check motor starter contacts for wear and proper operation, megger test the motor and log readings, and check the condition of the contactor; and log observations. Feftyw ,bjMCjI may be required to lubricate bE20iagg?,7inspect couplings, chi;*12D�3laks, and investigate unusual noises. • Contractor may be required to perform air -handling unit maintenance and repair which includes but is not limited to; all services recommended by manufacturer. Additional Contractor Requirements • Contractor shall show evidence of presently serving other municipal customers. • Contractor shall hold current C10 and C20 licenses. • Contractor shall provide HVAC employees that; possess a State of California Joint Journeyman Apprentice Training Center Certification; Automation Specialists that are continually factory trained on Automation System, and must be able to provide monthly operator coaching of select personnel, certified in servicing Centrifugal Chillers and Allen Bradley, ABB Drives. • Contractor shall provide the City with full-time journeyman -level mechanical personnel and factory -trained automation specialists. • Service specialists and technicians shall normally be dispatched from a local headquarters or branch within a 20-mile radius from the City Boundary line of the City of Santa Ana as defined in the most current Thomas Guide Map. • Contractor may be required to provide HVAC data protection and recovery services, control loop tuning for the City's automation system. • Contractor shall provide emergency access 24 hours a day, 7 days a week. For Johnson Controls, contractor must be available by phone during normal business hours for consultation and emergency assistance. • Contractor shall supply their staff with their agency uniform and photo identification tags that will be worn at all times. Uniforms shall display the Contractor logo, and employee first or last name shall be clearly visible. • Contractor shall provide MSDS sheets to City in a complete "Right to Know" binder for all products used in City facilities. City will determine location of "Right to Know" books. City Council 27 — 78 3/16/2021 SPECIFIC SERVICES — ALL Periodic Maintenance Applies to Police Headquarters Facility Only Maintenance as Requested Proposer may be required to perform preventive maintenance in accordance with a program of standard routines as determined by your experience, equipment application, and equipment operating hours that are recommended by each equipment manufacturer and location. This service is designed to optimize the reliability and efficiency of the equipment, extend the useful life of the City's equipment, and provide proactive indications of excessive wear and damage to HVAC systems before a catastrophic failure occurs during the next operating season. Proposer will also provide recommendations for additional service(s) that will better enhance equipment performance. Air Cooled Condenser Coil Cleaning The proposer may be required to p r o v i d e t h i s s e r v i c e t o improve airflow across condenser coils, improve heat transfer and extend the life of the compressors. Coil cleaning consists of cleaning the outside surface of the condensing unit coils to remove any airborne particles, dirt build-up by using a brush, high pressure air, chemical with low pressure wash or chemical with high pressure wash based on the condition of outside environment and coil accessibility. Evaporator Coil Cleaning Proposer may be required to clean air handling unit evaporator coils so as to improve air circulation in the air distribution system, and reduce dust and dirt that is in the system. Coils will be cleaned at a time that is mutually agreeable between the proposer and the City Representative. Coil cleaning consists of cleaning the surface of the evaporator coil to remove dust and dirt particles that have collected on the evaporator coil. Coils will be cleaned using a vacuum cleaner and/or other devices that facilitate the proper cleaning of the coil. Refrigerant Oil Analysis as Required Proposer may be required to perform Spectro-Chemical Refrigerant Oil Analysis and trend oil condition that identifies contaminants and possible system malfunctions caused by wear of moving parts, such as bearings and shafts. This predictive wear analysis provides early identification of problems prior to them becoming unplanned and costly. Based on the oil analysis results, proposer will recommend when oil changes are needed, and may make other recommendations regarding the operation and maintenance of your chiller plant. This service reduces the amount of waste oil generated. Cooling Tower Drain & Refill as Required Proposer may be required to remove the condenser water from HVAC systems after the cooling season to prevent possible damage and expensive repairs caused by water freezing during winter months, and refill the system prior to spring start-up. The equipment included under this service is itemized in the HVAC Equipment List. Operating Inspection as Required Proposer may be required to provide this service to assure that mechanical equipment continues to operate efficiently with minimal operating disruptions during the operating season. Proposer City Council 27 — 79 3/16/2021 may be required to provide routine operating inspection(s) to check system performance in accordance with a program of standard routines as determined by our experience, the equipment manufacturer's published recommendations, equipment application, and location. This service will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation. Operating Inspection — Heating as Required The proposer may be required to provide this service to assure mechanical equipment continues to operate efficiently, safely and with minimal operating disruptions during the operating season. The City Representative will provide routine operating inspection(s) to check system performance in accordance with a program of standard routines as determined by our experience, the equipment manufacturer's published recommendations, equipment application, and location. This service will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation. Operating Inspection — Cooling as Required This service may be required to assure mechanical equipment continues to operate efficiently, safely and with have minimal operating disruptions during the operating season. Proposerwill provide routine operating inspection(s) to check system performance in accordance with a program of standard routines as recommended by the equipment manufacturer's published recommendations, equipment application, and location. This service will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation. Equipment Tasking as Required The following tasks may be requested on an as needed basis. These tasks are designed to maintain the equipment in an optimum operating condition so that the equipment will operate reliably and efficiently. Reciprocating Compressors: 1. Perform annual Spectro-Chemical oil analysis test. 2. Preventive maintenance shall be performed as required. 3. Lock -out and Tag -out equipment as required. 4. Check all electrical wiring and connections and tighten as required. 5. Check starter contactor surfaces for wear as required. 6. Visually leak check compressor and associated refrigerant piping as required. 7. Clean exterior of compressor as required. 8. Check operation of crankcase heater as required. 9. Meg -ohm motor from starter and record as required. 10. Check and calibrate all safety and cut-out devices as required. 11. Check and adjust compressor capacity controls as required. 12. Check, calibrate and adjust all operational controls as required. Exhaust Fans: 1. Preventative Maintenance as required. 2. Lock -out and Tag -out equipment as required. 3. Check all electrical wiring and connections and tighten as required. 4. Check all motor starter contactor surfaces for wear as required. 5. Clean starter and electrical control enclosures as required. 6. Lubricate motor bearings and fan bearings as required. City Council 27 — 80 3/16/2021 7. Check exhaust fan belts for wear, replace as required. 8. Check belt tension and sheave alignment and adjust as required. 9. Inspect exhaust fan unit assembly as required. 10. Check all mounting hardware and tighten as required. Pneumatic Air Compressor: 1. Inspect unit, check for rust spots, oil leaks & general condition of unit as required. 2. Drain tank, check auto drain as required. 3. Check belt, adjust tension & sheave alignments, and replace belt as required. 4. Meg -ohm and record, as required. 5. Check starter wiring & contacts as required. 6. Check motor amperage & voltage as required. 7. Check intake air filter, replace as required. 191i:FITMI1.70 1. Provide four (4) quarterly inspections and maintenance for (21) Air Handlers. 2. Preventive maintenance as required. 3. Lock -out and Tag -out equipment as required. 4. Check starter contacts for excessive wear as needed. 5. Tighten all starter wire connections as required. 6. Check belts, adjust or replace as needed. 7. Check pulley sheave alignment, adjust as required. 8. Meg -Ohm motor and record annually. 9. Check fan motor(s) amps. 9. Clean and lubricate unit motor bearings and fan bearings. 10. Check operation of economy dampers. 11. Lubricate all dampers and linkages as necessary. 12. Check operation of static vane (if applicable) 13. Visually check all coils for leaks (Annually) 14. Check and record all coil delta T (Annually) 15. Inspect all mounting hardware, tighten as needed. Multi -zone Air Handlers: 911 Dispatch Area 1. Provide annual Preventive Maintenance Inspection on two (2) York Air Handlers. 2. Preventive maintenance as required. 3. Lock -out and Tag -out equipment as required. 4. Check fan motor amps as required. 5. Clean and lubricate components as required. 6. Check operation of economy dampers as required. 7. Check operation of static vane or dampers as required. 8. Check operation of zone dampers as required. 9. Check and adjust operating and safety controls as required. Package Chiller: 1. Lock -out and Tag -out equipment as required. 2. Check condenser / Barrel tubes as required. 3. Check Chiller barrel tube as required. 4. Check and record unit amp draw as required. 5. Check unit Voltage and Record as required. City Council 27 - 81 3/16/2021 6. Check unit pressures and record as required. Chiller with Reciprocating Compressors: 1. Provide annual vibration analysis for two (2) York Chillers. 2. Provide annual leak test for two (2) York Chillers. 3. Provide four (4) quarterly inspections and maintenance for two (2) York Chillers. 4. Provide chiller controls coolant for two (2) York Chillers 3. Visually inspect equipment condition and operation as required. 4. Check for unusual vibration, noise, excessive temperatures & refrigerant leaks as required. 5. Check unit voltage and record as required. 6. Check unit operate and records as required. 7. Check unit operating hours and record as required. 8. Check condenser pressure and record as required. 9. Check evaporator pressure and record as required. 10. Check oil sump sight glass as required. 11. Record chilled water inlet temperature. 12. Record chilled water outlet temperature as required. 13. Check condenser water inlet as required. 14. Check condenser water outlet temperature as required. 15. Check compressor starter contacts for abnormal wear as required. Variable Frequency Drive: 1. Check unit operation quarterly as required. 2. Check fault history report as required. 3. Check operation of manual bypass as required. 4. Verify drive signal increase and decrease as required. 5. Check and tighten all electrical connections as required. 6. Check starter contacts for wear as required. Computer Room Air Conditioning Units: 1. Check all electrical wiring and connection as required. 2. Check and replace filters as required. 3. Check all electrical wiring and connections; tighten as required. 4. Check starter contactor surfaces for wear as required. 5. Check compressor amps and record as required. 6. Check sight glass for moisture level as required. 7. Check operation of crankcase heater as required. 8. Lubricate condenser fan motor and fan bearings as required. 9. Check condition of condenser coil, clean as required. 10. Check belts for wear, replace as required. 11. Check and adjust compressor capacity controls as required. 12. Lubricate indoor fan motor and bearings as required. 13. Check humidifier for proper operation as required. Boilers: 1. Provide annual Preventive Maintenance Inspection on two (2) Bryan Boilers. 2. Provide annual Preventive Maintenance Inspection on four (4) Hot Water Boilers. 3. Check boilers for proper operation as required. City Council 27 - 82 3/16/2021 4. Check and use boiler viewport to check main burner flame as required. 5. Turn off and secure boiler as required. 6. Check boilers for any unusual noise or vibration as required. 7. Inspect gaskets for any signs of leaks as required. 8. Examine the venting system as required. 9. Remove and / or inspect gas pilot assembly, reinstall in accordance according to factory specifications and tolerances. 10. Check boiler circulating pumps for proper operation and lubricate as required. 11. Check flame safeguard control for pilot and main flame ignition as required. 12. Check operation of blower motor and circuitry as required. 13. Check operation of gas valves and vents as required. 14. Inspect and tighten all electrical connections as required 15. Check and adjust all boiler limit pressure controls and running interlocks as required. 16. Check operation and adjust low water controls as required. 17. Check burner, pilot and main flame ignition as required. 18. Check and oil combustion air fan as required. 19. Check expansion tank and site glass as required 20. Check and record all entering and leaving water temperatures and pressures as required. 21. The equipment room shall be left in the same clean condition as existed prior to start of the work. 22. Refer to equipment O&M manual for any maintenance clarifications. Cooling Tower: 1. Provide four (4) quarterly inspections and maintenance. 2. Preventive maintenance as required. 3. Lock -out and Tag -out equipment as required. 4. Check starter contacts for excessive wear as needed. 5. Tighten all starter wire connections. 6. Check gear reducer and couplings. 7. Meg -Ohm motor and VFD's. 8. Check fan balance and motor(s) amps. 9. Clean and lubricate unit motor bearings and fan blades. 10. Check operation of media and flow. 11. Lubricate all dampers and linkages as necessary. Chilled Water Pumps: 1. Check pump and motor operation. 2. Check fault history report as required. 3. Check and operate bypass valves. 4. Checks and verify strainers for optimum flow. 5. Check and tighten all electrical connections as required. 6. Check starter contacts for wear as required. 7. Check and record motor amp. 8. Lube and grease motor bearings as needed. Johnson Controls: 1. Inspect and repair NCU 1 to NCU 12 for optimum operations. 2. Inspect and repair as needed 21 air handler controls and 46 VFD. 3. Inspect all damper motors controls and set points. City Council 27 - 83 3/16/2021 4. Provide JCI parts as needed. 5. Check and calibrate all safety and cut-out devices as required. 6. Check and adjust programming as required. 7. Inspect Energy Management System (EMS) data base and adjust as needed. Shooting Range: 1. Perform annual air balancing per requirements. 2. Perform inspection and maintenance as required. 3. Lock -out and Tag -out equipment as required. 4. Check fan motor amps as required. 5. Clean and lubricate components as required. 6. Check operation of economy dampers as required. 7. Check operation of static vane or dampers as required. 8. Check operation of zone dampers as required. 9. Check and adjust operating and safety controls as required. Freezers and/or Refrigerators: 1. Check all operation, electrical, condensers, evaporators and refrigeration. 2. Check starter contactor surfaces for wear as required. 3. Check compressor amps and record as required. 4. Check sight glass for moisture level as required. 5. Check operation of crankcase heater as required. 6. Lubricate condenser fan motor and fan bearings as required. 7. Check condition of condenser coils, clean as required. 8. Check belts for wear, replace as required. 9. Check and adjust compressor capacity controls as required. 10. Lubricate indoor fan motor and bearings as required. HVAC SERVICES — Pneumatic Applies to Police Headquarters Facility Only Preventive Maintenance as Required Proposer may be required to provide preventative maintenance on Pneumatic Air Compressors that responds to changes in mechanical component performance, building use, and climatic conditions. Service shall be in accordance with a program of standards as recommended by equipment manufacturers' recommendations. HVAC SERVICES - Water Treatment Applies to Police Headquarters Facility Only Water Treatment Services as Required Proposer may be required to provide Industrial water treatment to identify four main problem areas: scaling, corrosion, microbiological activity and disposal of residual wastewater. Water treatment services will extend equipment life, provide operational efficiency, minimize downtime and control water born disease such as Legionnaires' disease. HVAC SERVICES - Infrared Service Applies to Police Headquarters Facility Only Infrared Electric Panel Inspection as Required The infrared inspection may be requested as it is an important form of non-destructive testing that has become an indispensable predictive maintenance tool for electrical service panels. It shall be performed with a portable infrared imaging system; equipment that detects infrared energy City Council 27 — 84 3/16/2021 (heat) emitted from an object and displays it as a dynamic thermal image. Using the IEEE/ANSI Standard, this inspection aids in the evaluation of component temperatures. Proposer may be required to perform a biennial Infrared scan of main electrical panels. A detailed report will be provided upon completion of onsite scan. ENERGY SERVICES Applies to Police Headquarters Facility Only Energy Optimization Services As Required Proposer may be required to perform a benchmark analysis that compares a building's energy performance against industry -recognized benchmarks and provides facility owners and operators with an objective assessment of facility performance and a valuable starting point to identify and quantify the value of energy conservation efforts. Through the Benchmark Report, Proposer will create an energy baseline and obtain, if applicable, an ENERGY STAR Performance Rating utilizing Energy Star Portfolio Manager to generate a Statement of Energy Performance. This rating compares our building's performance against buildings of similar type and operating characteristics in similar climate zones. This report will provide key data points in addition to an ENERGY STAR Performance Rating including Energy Usage Intensity (EUI), Energy Cost Intensity (ECI), and the facility's Greenhouse Gas Emissions. In addition, Proposer may be required to conduct a detailed analysis of facility interval meter data, when available from site metering and/or the utility provider. This enables us to gain further insight into facility performance, and provide a snapshot report to help understand performance and pinpoint areas for operational efficiency. Based on current energy consumption and prices, Proposer energy analysis will suggest potential improvement measures and quantify the impact on energy usage, cost savings and GHG reductions. Technology and Energy Audits Applies to Police Headquarters Facility Only Proposer may be required to review designated HVAC systems, evaluating the current use of our HVAC Systems and what may have been changed or been modified in our daily facility operation that impacts the effectiveness of the system. Proposer may review applicable building control technologies, suggest possible new strategies or technologies that could be implemented to enhance our current system, and consider what changes, enhancements and/or upgrades should be made to facilitate our future plans. In addition, recommendations should be made about adding and/or modifying applications, sensors, points panels and/or software where needed to improve building operation and performance. Proposer may interface with the local utility provider to determine possible incentives and rebates. Once the review is completed, a written report of the findings and recommendations may be requested. HVAC EQUIPMENT LIST POLICE DEPARTMENT HEADQUARTERS (Maintenance & Repairs for this facility) 60 Civic Center Plaza Air handlers: 21 Gravity Roof Vents: 15 Small recirculating pumps: 16 Chillers: 2 reducer York Model YTHIJ3E2CRG Building Boilers: 2 Exhaust fans: 52 Large water pumps: 24 Cooling towers: 2 Marley Twin w/20HP Motor & gear Water booster system pumps: 3 A/C units: 8 City Council 27 — 85 3/16/2021 Bryan Model RV450-W-FDG-WXL 3,600,000 MGH (1995) Water heater boilers: 4 (Evidence) 2 - Model 1250 N 600 ATP-PVI 1,000,000 BTU/HR 2 - Model 1500 N 1500 ATP-PVI 1,200,000 BTU/HR IT Server Room - Air Conditioning Units 1 — Liebert - Model VEZ45A-AAM Ser: 307193-001 Kitchen) 1 — Liebert — Model CDF308LA Remote Condenser Ser: 94009100 2 — DataAire — Model DTWV-0532 A/C Units 911 Dispatch Center 1 — York Air Handler Model D2CE240E03646ECC with two (2) compressors and heating Large Walk-in Freezers: 6 3 - Model LAHA-032E-TAD-100 3 - Kolpak AE66280B (Jail Kitchen) Large Refrigerators: 4 1 - Model K55HIJZF (Evidence) 3 - Kolpak Cold Zone (Jail Variable Frequency Drives: 46 NOTE: York Rotary Chiller YSCBCAS1-CHA was decommissioned and does not require any attention. Repairs as needed — for these facilities - Time & Materials Only CITY HALL 20 Civic Center Plaza Air Handler #11 — 8th Floor Air Handler #10 — 7th Floor Air Handler #09 — 6th Floor Air Handler #08 — 5th Floor Air Handler #07 — 4th Floor Air Handler #06 — 3rd Floor Air Handler #04 — 2nd Floor Air Handler #01 — 1 st Floor Air Handler #02 — 1 st Floor Mezzanine Air Handler #05 — Council Chambers Air Handlers — Basement Data Rooms 1 & 2 Chilled Water Pump #1 Chilled Water Pump #2 ROSS ANNEX Trane box car units: 3 Ajax Boiler: 1 Split Systems: 4 CENTRAL LIBRARY 26 Civic Center Plaza Air Handler #01 — Basement Air Handler #02 — Basement Air Handler #03 — 1 st Floor Children's Area Basement exhaust Cond #1 Cond #2 Fluid cooler for Liebert Exhaust unit Chiller - AVM Condenser Restroom exhaust Fluid cooler for Data Center Exhaust Air Compressor #1 Air Compressor #2 Hot Water Pump Flash Tank Roof Exhaust Units (3) Hot Water Pump: 1 Exhaust Fan Chilled Water Pump - basement Hot Water Pump - basement Rooftop exhaust units City Council 27 — 86 3/16/2021 CORPORATION YARD - ADMIN 220 Daisy St. 50-Ton Rooftop HVAC: 1 RAPAC Boiler: 1 5-Ton Rooftop HVAC: 2 Return Fan Hot Water Pumps: 2 Split Systems: 6 FLEET OPERATIONS 215 Center St. 10-Ton Ice Bear: 1 Supply Fans: 4 Exhaust Fans 3-Ton Package Units: 3 STORES WAREHOUSE 10-Ton Package Units: 2 Exhaust Fans: 4 NEWHOPE LIBRARY 122 Newhope Street 30-Ton Carrier Package Unit: 1 Split System MCFADDEN LEARNING CENTER 2627 W. McFadden Ave. 15-Ton Trane Package Units: 2 Split System SANTA ANITA CENTER 300 S. Figueroa St. 3-Ton Carrier Package Unit: 1 Split System SANTA ANA SENIOR CENTER 424 W. Third St. 35-Ton Package Unit: 1 Roof Top Unit SOUTHWEST SENIOR CENTER 2201 W. McFadden Ave. 4-Ton Package Units: 6 Split System City Council 27 — 87 3/16/2021 CORBIN CENTER 2215 W. McFadden Ave. 2-Ton Package Units: 5 5-Ton Package Units: 2 Split System JEROME CENTER 726 S. Center St. 4-Ton Package Units: 5 Split System EL SALVADOR CENTER 1825 W. Civic Center Dr. 3-Ton Package Units: 7 4-Ton Package Units: 2 1-Ton Package Unit: 1 Split System SANTA ANA REGIONAL TRANSPORTATION CENTER 1000 W. Santa Ana Blvd. 157-Ton Chiller Unit: 1 Chiller Air Handlers: 57 GRAND CENTRAL ART CENTER 125 N. Broadway 100-Ton Chiller Unit: 1 Chiller Air Handlers: 55 City Council 27 — 88 3/16/2021 • i\►\■Wiwi mmmmiam— A............. . 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Section 31 Implementation Plan sp-114ces .............................................................................. �8 Cly of Saiifla Anii�i SfarhTp Process: ..................................................................... 21 Roposed Makfenance .22 Section 4 1 Exhibits Xhdbfl � Cerfificahoin and :�IircApcndl Helivill Illru6cuing .................... 24 xhdbd Offellnyr'S SIWieiineinL .. ............................... 25 ::Ijjriqpriser's Slulernenl ........ .... ........................................................... �26 Ilnulll;rnll II CerffiizaHon oF Nond&MnWhn by MY mchn . . . . . . . . . . 27 EAQW! GIli spion!sflbl�e I:�Iropo•�mr - QueM oinindirie ..................... 29 II 1. "loin Cdludon AFMAL . . . . . . . . . . . . ............................................ 33 niilllk Addd kmndl Illunsuwured fcm, CornirrwejjrCiidl GieiiieirdI Ilidbflky Icflkcy............................................................................................................................... 34 ExhbH J; RFP Flaposd F%chg .............................................................................................. 5 City Council 27-90 3/16/2021 I �czmsnI I:::]"[cn 010 []h of8onhnAil Po|ceHaodquorher GO[iviccenterlr Sonia Ana, (,A 927O2 KTTN�GooiredaLome|i ii? iii:Ci I y o F SamI a Airua ;U��t i Y i ivA11C Sevk% FAWWWnairme airksl ii?qpahrs aii Various City i!!'acfldfes Oeor,%Asome|i C)nbeho|fofeveryoneotEnviso,vvmorep|eoyedtopnesenttnk vnqponsotuthe[ityufSontoAna Foci|dyHVA, Qervice,AAointenonce,and AepmiraRequemtfor Propoxo|(QFPy2O-l34Wehope thecuntentsofthinresponmec|aor|y conomunicoteour connnnitmenttoyou overtenedthneeyeormand ourde6icotiontmaerviceexceUence CurporentcornponySouth|ond|n6ustrie,vvoofoundedinl949and fornncdEnvimein20l5opeciUcoUyto6d�er ouppoii iownereinoUonsoaoftheirfoci|ityneedvEnviyeodoptmoho|isticopprmochto")ui|zlingyo|utimna'mnouringour IdEnvis,vveb6ievethat thotruevo|ueofoconnpmnyNco|cu|o#*dbythe mvm hofdapeoob;notbyhownnuch revenuetheyemrn,Wbyvvhottheyadd throughKok indivbuo|to|ent;elks and passion toauppolourcu|tuna.AU connponiesnotunmUycreoteocu|tureoftheirov n,butfewrnakcitthephnnoryfoundo�ionofmUthottheydoEnviae intentionoUybui|tand continuoua|yodoNaitoprocoayey,atondondsofservice,c|ientexperioncey,and uwaroUDusinosa rnode|bouedonourcam vo|uesinnovotion,integritytnonapmrencyre|otionaripa,coUo_�orotion,aufetyundfunVVe mpep|eoaedtomeethmtvvesham Weconnmonconevo|uesvvitrtheCityof8ontoAno�coUo6onotion,innovotionond troills porencyThis o|ignnnentcornbinedvvithour exbnmiveenperiencu,dernonotrats Enviae'mob|ity0e1fective|y nervethe [ityoa uut|ined inthe RFP Sot eh/1ono ofWecorevo|ueatotiointrinsiozUy|inkedtoourcum ume,Vk+p|oceoofetyott6eforefnzntotoUtirnesto ovokiconnp|ocenc,ondoreposoionote|yconnnnifledtoenmuringOotoUernp|oyeesoneprovde�-'jvvf�joaofeqnd heo|t�ywx�r�in� envinznmeWisocconnp|imhtNia,we provide Who Wetly troining,mpecifictnzining, We too|m and equipment and mrnp|oyo 6edicoted stoffofprofesmiono| m���yrepreoentmtive�Our|oteot �ofety num��ra suppu�t6iswithon E��A nzting ofO4gTNnttentiontonofetybeneHtstheCityofSonia Ana Oyreducing riml giving our c|ientaconndenceOn! vvecreotmteoofeatvvuAingenvirmnrnentmpoosib|eforenop|uyeenand comnnunitycitLoens VVithso6etyo|reodyoomrnerstuneofour huminems,oUnofetymeosuresrequireld6y(:[)V|D-lg�ove���no�opte� quicMyond vvith the son? dodicotion as, previoun prmtoco|s Af�'rneviev im0the�ocurn��� pnmvd�� in conn6inc�ion���the�n�in�o�onnthejobvv�|�invi��ior\ cmrts�rnvvoa ob|etoputgreotconaand thouQhtintoonaotingtoted atnztegyondopprooc�tmmornp|etetheacopeofvvor,� requeoted4�eycomponrntmfourp|onistheee|edionof&0ottPopkoosPnjoctNIono8eiiduetohio(,,x�e,noive knovv|ed8ecr4eCity'afnci|itieoond hia poytemperience rnono4ngthe City'a currentyub-uonyu|tont,Theinvo|vement ofN&Popkoand thecurnmntsub-consu|tmntasets theatogefoil, on0nsytronaitionEnxiaoiaconfidentthotourvo|ues, experimnueand passion rno<mauatNebeatpoilnorfor theCityofSontoAno|fvv�con��ofunyfu�heroosiotonce, io|eoaefeo| fnseto cuntc'�dmeot 303S21,8916 �noer�� Tnnv�s i et her(Auhorized�ep��entotve} Emvse[�ronchMonoger City Council 27-92 3/166021 ml '� Ir4�if�rl a`JJl a I'I'_�It „Calalal'1 I XI'I IrIIE'Idt,lE IIIII. IIIIIIIIIul��1111������1111"IIIIclllll CRAIG GONZALEZ I REGIONAL SERVICES MANAGER "If6aallrsl, ofIIIIIIII" 11pulriiivvaamnae . :;iii"y With IIIIi1^ui4iisSiiurniaar . 19ti 19 raaawulmiiilll^'a i urns m , C ,011in:a aallan, is uan..,11aaaaanall,.alln< f'nlrllln0 Iloaa 'a,11 ;IIu1111:) l Ihiaa Co Il'anlriniaa >aaau voan aura:l II��a1ra .:)nahlruI d onlrn 1v11;aawalriimicunis i1ru Iha 11i1rrgw liwlnlnlilyrlrng and d dlogaal111nap aDi` ocIrnn Inna.,llrenll.anra. I la:, is roall:naallrslilblb for rnna-a1111ntaa1i11n111ng <b aa coil1IIII, rlaII ` � � a�� vn°iiilln lrilrrnaa�lrluligl all'„ aaungi rnaal llna�l.:ol-vico g1annuaalnaalr�r�a, a.�atiarm°n va<Illln allllas^^u,.71�„ a�na�alraITllunaaliln and saallrs11ram•a,!DIIrIrrarllTaniIIrsu,u11(!�:<aIldanonlsawal1 fawaailia:)n. MATT POPRA I PROJECT MANAGER m y nnul*ofIIIIIIII;n'III "ulrm uruiimne ..... 21 iiifl[ni Illliiii rnvis Siiurunilaaa ..... 2018 rnan°u1'illl':aIII i m11111i ... Mii, has bu-m a:a II °I anjr-ad ^yaalrnaa arlr fC,11, 'Iaa y aaau°ss. I 011 °,aavQlr d llhca s : year s:, huo Ir7naallncnqudy 11 c C h a` A, 1 o f l d" y r, , l a Inii n In.l. L a r�n� a�nur�laa II°�r�n'rr In�naalanlr unanna~a�. ar,,:aaiLalrnl, II II II<� ar�,na,u iau°��na � IIII°�r�allr.aadr � a�aaunIraall �allaau°r�l Irn°aa�a. a Ir°un1 aalii roar, a ,c,alnnlnrn" g, VId Inlrvalaata, a�na{uaiila�l��rncifl 11,rrnnu�VnunInu,al'ia"rlrnr aalrna a lN.ra:°:iaunasy r,ulnVuaa�i�ra°°,. unr11;rv,Iranva�unl+,Ini,a u�,tuaa I,urua°urilln. Iuy 111 vaunt III Nl�iuhiil ulnce of &,vnin rtlnaa IL IV." C 'Vcr iiuMarum:~u ce, Wes; rnnlun*su \,V l �11.I °tflvan +" eill�aau G,')OIlllnq lanvrsnr Ilaa,l^dIlanr:alrnaau°A RtVnllell,„ Sank-1 A rra II'cnlliic.v II y ;Il;,aau°turnaarrl C`v'uni laalnanurce AUBREY LEYVA I PRINCIPAL AGENT ym a ulr Of �I WHHtIllllllllur°ul lil ulnii!:1wl 201 [)Gscmri111'!mIII ii1an111m Oyu I eyraii.n Is lllhne (lanlrnlnwkno Inlarror In lvvnanun tll le s,nll�,n., �q-,) nra:,aloaalrr, aard IIn�n'ilrrlarina n ii a:au°ring, e nauulriilrn.y Wmma rnaalnnilless Illiuuii. or :acalnnlrnu.amrilnaallon for a.IllWrrlrnlr. Ili is Ihn r to rNn.ao.alr * tllnarl rllinlrnt needs are h "lung II'nd and ll"alndinfi.iy'bin ar I"v"II"':i"'le ;nl'111(':Ilnins ""mll'nd pIInC'llll' eR113 R 111 n ulnt III 'alll'a luniil mnnaa aI of Cdvnlr t. illy( onhil., s lvlcfiMeanalrua.an, I llvaa I .,lalaa N l,) nv eln�flon C aa,r&r MaaiilMnlaaall ice, rwa gei, Sa avaci'iu.alnn a v'udirnlanunaaun..ea r rooyllla, Il allayaa ViMan yvlaallalnlrna:all ur n,, Il. A RVlaalnnii�nlr'idv C'allirsanann Maaiilril�nlaaalnce GABRIEL VEGA I CONTROLS SERVICE SUPERVISOR '9u(ynurwauls Of IIIliiiii 114n u1 iiina�111ancn V2 ii°III°Illn Illliiiiiulm �, lir � 2018 r � u u1 a uu� lv nulrlillll'nllllil ulm "NAll y ly'aa has ,Alx.;lnl H )ha IlDaad 'l'l a +ars wow II 'iilig urr aau. hillnr(aliaaan II :n rrnaali n focus hi in llhe u°a�a� lrcarnurnr�iurl:�„ lllasunllalla;;!:sllraa �a°hilanri„ rnna:ailrnla)llnralnc; :<, aalrn<j cuu..lr:arrnell nuallr'la'.n°ull l uAyS sy^rlalrrrus, 1y111'Va;r(:a ran nxlaeuieri ewillln I::'yr,lH a V'nlnlu alla,, Vllnaaova;arCo nhlra:rll , ScFi nei&:?u° I!Illrr :Iala�:, JI)hlrsa:alrr ycaunln,W;::rlla, lirlayiiaarnu l"fiiaallpi.a;:a, aalir)d Adech C:a:ai driall m. Il y la.11nanlral�ilon IlI�Ianl, Ilurauure U nlyar^a�i y,a�lln n:nll Ifau,lrid, II�'aa.�ana:�nnaa �yll7iu inal la���r naauln� III :IIP;�nul ululn�r�n .. Il:,irnana� Aal �unn�,��ar�laaa V`aaq_ iy�,:,:lnananll Il aialu d, Af b f, Il ra _r Ilac call g:allas, I< aaliSeI ar.0 a 'ra.:au rr:u uln, Gly ol`,VII a as 8iaa GREG GONTA I SERVICE SUPERVISOR Yearn of aali�rwiriiinulnce Wi lllm III'iiii�:uln inn a liiur°mean 2009 a lilauula .. Ill�anaaul°i"mil r)11111 .,n r.ilral ~n In Illlnualnilon, C111l uq:'i and n Ir,aer, lr'hiia"uanc~ailrranlnrv°a lna°.r.:rfv<aauuanuaaa�ypar:r of I VVr,� equalarr evil. ma nmsas &Certi mlaiamlllions y:yfyll:, A0,1,�Fa D, +:GI IIWA, Slrnr 11 xaarn C: l<H iied I a a:,mll 250 Uir)u, arn, VIl:]:a gall ;ll:'a '—_n:u lll'ned, Re lu 1y Crrarrl III Ii,Id 1111 Mj IZpflevaii°'m111III:aa111a 1unlnululs aJrlyI'r'Uvic"Ir Cil), Mcfinloim:xnce, flasoc Cdicircldo Midl " I I(oirk ch`n'i11111 IrK:Iiu�aanea1nlunn, Aqua Caalllalnrhn Ilrn.ntiaul I,�ra:uu11011 I ui: (IIn11111cii V"v'Wa.alunlaanarnn, li''ralnn�M:alrrr:a IIMN,,alU Ih IIG'AC f`vtaaolnlaaulna::aun caa, klivnl<:aido C'ninivaranfoaaun t:nllrlvll, 0,dvanlr IUSID Vairious 11 IVAC Mauiilnie raullnc aarilvi :as lmid Ih l"v`y.C: Illn^slamllll Il arrapea. s KEVIN MARLIN I ORANGE COUNTY SERVICE FOREMAN )(' airs ' Illllllla'a111'a orlii ulnic ..... 9 iiifllln III IIIIImnsaiilnaa iurmn .......... 20011 [)esaaul"'111111afiuln Mjr l%dl(au,Illu�u rrraolrks hard lo A run au.alran lilnawa�l call I M"), ii navyu1111pnrna,Inl dru Irr.au. j,)n II ng nl Ip-,Cnl<, h�°a`Irla�alrlrlruaau uau��a. oa ulnin n & Culrtlifiaaati mns CAI II3, Var.;hfa111 , a'.'ayll IIA 30, 'ro101- II'Aaru Iri a_.eii tulua,rd, I. o .-ally 0 V,.,pinlirnrn Cvyaw*Irnnll:anlr VI 411I3 r" a.lrtu fu r a~I, ,V10 1anV II : II yv fu ii r nu nid Ih llnrnanill'ilrr „ a ya;<Ilrvtiifiecll I aalrrrlrvnn+aln a1PamllIevaaurm111 III �allla� ul�ulnulnrm�l.., .... mall ar r_�lallva�;�lry,lrl V a�aulnlaauna:aan�� , f\1a�alla ll,,�Inc II 11 Vl�: anurV y`wcnlnhlrallas vV�,�alunl nanc:aln< , 1`unu inun�lI��� y Y Vnaa,'l Cr v go C Ilniillllar ly alllila,plrn al we aalrnd Various Irr;Inaalilrs, AMY SHANAHAN I SERVICE DISPATCHER ym ulra of III alllnnul°iil ulm�l mn .... Wiflt III'i:mn inn &iul°man '�I"019 )a.,anu1°°Ii1111af1i1nn111n . Vy11 :. ylnanurr„alhn"xil IS lhnu a„a;alrnnlrnni.arrll °aallia:;aa°n II IIIInI<. Irnnlv �,nnrri a:na,ru isllunr�ni anlliry ha<�aa;Ilrn. �111°nan 11 ;�au.ulr+, a a.uv a.InIsanrr, uurilui,iirrio id ,Army' zlo n IiiIl ralnraual lhic Sou-vknaa lll11cyr all 11000 �iarllrrg V41:,. «mllhrraul1a111 I'1 s+.a,l 1011I e urir:lre'iuri �r cua.aralilrn nl111ng Ilaarg hav��oa oi.la��'ilrn� Iliaaiilrn IIl�llriiarnl+r rslnuu�l down <�<aaalnr alu�ulll,l IIrmruu11111 a�Ira��;vra IIa11r,:ajr��.�-l;a��. al �� v, City Council 27 — 95 3/16/2021 1 11visn I'll .]ILra: rall loll "::'i�Ily aa('laalrlan Ari .a ... I ,rrullily I NV`C 3arvicu Nlra'ir tlor Valli :n ablml llnla.,raii, � z"nwNwopsnaowwsP"mmsOwcc TheH|owingnnotri�l,�Uushrateyourpn�ecthaonn'scornm|hncevvdt thetechnioo|requinanneiflsforthspnojed,sotsfying oUcommiaaioningexpeiricnce,Pat ing.and cerWoHonnequirernentsOurteornnnmrn�,-)erawereto 441111111111�1�111 ploo* 10, AnWHouse am 0 ------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------- City Council 27-96 3/166021 z "nwNwopsnaomms"mmsIsmcc Endso knows thcfproviding thebokyemicemoons WnQthebeo inforrnotiontonno�iiethe�os�ide6aonyR)thot end,Enviaeyoekstuhinsemp|oyeeavvitrexensbetnolningAUofour HVACteAnicionahmveemrnedtheStnteof [o|ifornio |nint |ourneyrnonAppnantice7Rmining [enterCeWmtiony |n addition, Envioe'a He|d technicimnm recmive 6octorytroining throuQh vorioua rnonufoctun*ro inc|uring, but not |imitad trx ° lfirone ° carrier � York ° Liebei-I ° NAoMeYFvon [oo|ing T6vverm ° Johnson [ontro|s ° i�)e|toContro|m ° iDimtech[ontno|a Our jounnmy-|eve technidions hil Ing theiresperliso in c6iUnd vvoteraymhsnnq centrfulgc| ch@ernys�onns, oirhon6|ing aymtennm,4J|on Bnod|ot ABB Dhves, ondvvYkin Whgerotors ondThey ho|d oafdicotions cornp|imntwith oU federo| clnd ototm requjnammnt% Co|ifmrnioAirAemourcey Board (CMAB)'Air Quaky {AWC). C]ccupotiono|Goi'cflyand Heo|thA6nniniotnotion(C)SHA}, LEAGUE B01M eA OF CALIFOR ARM" Byothndng!no norioustrodeshows and courses put onloyEnvrsekeepao6reomtofthe|oteot techno|ogYand regu|oldonchongesOurfocumoneducoHondoeanotendWEnvimestof[VVeexondregu|or troiningtoourc|ientsii�oscdonnew tren6minthe industry,updcteatomill, ii,)r�iduct|ines,ond 'node toyour buiking%myaenom.EnvisevviUmchedu|ethesetnziningmeitherotuurhomc6oci|UyinGon6enGrove, CA, orun s�evithyuuL%ktoi|oreochtroiningapecihctuourc|ientn'needaand requesh"inordertonnoxirni,ethe boneftmon11d nooketheuse oftheirfill III, EInvaeuoeonubospoirtneraonpnojedstoMambo our pnocooaes\vaprefertovvcrkvithcumponieo withvvhornvvehuveprimrexpedencomeeting!no apec�6edpnjedWIthothoveoirni|orcu|turo|rnindyet , When rhoosinq our au6-consu|tontaforthis pnoectvtth the CityofGontoAna, Enviye se|eded 6mrn the curpsnt aub-conau|tantyvvorkingnth theCH, Thesesub-conyu|tmntabring theirenpeirfiaeand iinovv|edgeofthefoci|ityto he|pWin oneosiertroneitionvvhenbeginningthernointenmcepnogronnvvithEnviaeSub-conyu|tontsoretreoted ofmennbusofourteorn,no& fenantthunourown ernp|oyeca,SorviceavviUbepeilormed�yEnviaeand its suL)- BOILER MAINTENANCE ~RF MACDONALD CO. Y4aill's W�o irki ing wi I in C@�i ymf Sca �i ci Aina-5+ H.F. �� N�*� Cs�ad�� DorreU ��i|eo �Nfernnor�fSo|ea AeFnesentot�e ���� ------ ---------- Co. wom�oJa �oumoam��ona�eum 7l423l]38S�vvwvvrfnnocdmno|��conn ���� ~���� �D���� ������1� ~~~�~°�°~°~�����°~~~� AIR MANAGEMENT yelammWoirkiing wit ii Cfly of Sain in Aiii-2+ Coliflind. SeonWoUoce � Emtinnrtmr A&rm gOQ945004l�vvvvvv,�irnnonooernentinc]uotriesowwwmvmwml IV z � nnwNwopsnaomms"mmsOmcc ENERGY CO���' IUMU�AlUON SEWCES AS REQUM) AaonotionoUyoppruvec enmrgyoerdceaconnpony{E3CC)vv�hnnin-houaeteornofvvoirld-c|osydeuign-6ui|d enpe��8outh|ondEnengy'o6ivinionofEnviae'sponentconnpow,South|ond|nWrienprovHeacomdete,fuUy integrmtedbui|ding|�ecydeno|utimnsthotsoveyouApo and money and nnoxirnioewz|ueThemeudd�i�no|energy serviceaindudcenergybenchmorkinQ, Enengy StorPurMAio rnonogennent energy oae|inecreotion, EnergyUwoge |ntensity(EU|)ono|yaiu, internz| nneterona|yaia, 6ui|Iing ono|yticinstoUotion, ondyticmomo mervicenndASHRAE hve| l A% ��� w ������� ��WWA�. ��d ��N|�� w�l�� ,IV Southland | �� ���=^�w� ��e=o u��� � |noddlontocontro|,ener�jyoerv�cescund provdeaofuUturnkey |ifecyc|eso|utiontoinc|ucetlienecemsoryinmuse nnechonico|,e|ecricoLp|unoidngondinWUotionexperliseto supppj-tynurenergyIll +uctiongoo|s' I OGYA��*��) I ��S Tkrou4hASH R4Eoudfs,Gouth|ond/Enviseiacqpdeofuuppodingyou inprioriRing your foci|ityneedaand budgdn and providingtheneceaeoryAnondo|and technicu|guldoncetop|onand executeenergycindcopito|irnpnowarnenta toyourfod|ty Theaocmpoi|itieaindudc: ° Lewe| l -Wo|�<Through Survey ° Leve| 2 - Energy Surveyond Ano|ysis, ° Leve| 3 - Oetoi|ed4no|yoia ofI-|ntenaive � ^ NAodincrAlons ASHRAE|eve|3or|nvestmentGrodeAudito[|G/)provideyou vviththeneceasorydetoi|ed oftheKnolls, �~�* cos1m,ondenergYaoporotiono|improvementsfromse|ected Foci|ity|nnprovenoentMeomures(F|"'Als')orEnergY[onservotion K4eomures(E[��� Ofademww(IGA/ Upon requentondthroughthiapruceam Qout�|on�/Envise ' parker Nth youtorevievv�esi�note6foci|ityoystemaoao ��-� vvho|eor(is individuo|HVAC/contro|systenns,evo|uote'ond dmcunnontthecurrentatoheofmyotonnoondprovic)o|ifecyc|e cmatono|yaisto possib|e now atroteoeo, techno|ogioa' orrnm�orcqpito| irnprovennentsthot cou|d be imp|ernented to enhoncmyour fmcihty,copito|budQetmn�o�erotiono|�ene�t ThrouQhuoarKacoUohorntwsvvoii unddsmignand conatr dhuneupe�i��vv�po�nor ��yo hzp�o�tio�the� ��m���°�m u vv um����m �eatvo|ueso|utionatonneetyourapeci�c800|aand needo ("7 ~~�^ and provideOki -6caeAgui6oncetoymuprioritiz(' and innp|ennentthe oe|ected � or E(-JvlaAs pcvr� oftheae A=dJ efforta,eochmeoaureimo|auf �Ill ncio||yano|y�edtoinc|u, ie opp|ico%tox incentives, re6otes, orotherhnoncio| vehic|ea (such cis ��IA[Ehnoncingorotherenergy-bomecl|oons)tobuy down theinitir|copito|inveatnnentintothennensureon6 u|tinnote|y pomitive|y irnp�ctyour Wtonn |ine City Council 27-98 3/166021 7 111�ifr/I l`JJI> I'I'_�It „C�IVIVI'I 171'I ItIIE'Idt,lE Cllliiiiellrvi° IIII e°t°Illh°oIII-s of IIIII' ��ollll llllll IIII �° °iiiicllll 1 ho :r>Illlowfing Ipr gns ro flu ire Ilr,.l.11eirs of its. cou urnoina'l .li€-in hi-nim Illhi,n ; of ou it cIluounh.m vvhosc II N (.; oqu.uiill: incifl a s siiuniillnu, in hllsu°. r,lf hlhc. � is y of S^"anki Ann As du. ininoin. llu rnllod ou) 11ho rwhlln lh od IIk.*IHei s, Il:i nvu su. If°ncls 4 xk,,unsivc. vl,`vi oc nco wai 11^r. ing 01t°n a \nvdc iroungo of hsirvlloca s, suva.*irflhe sI,,),:,iin of -nm/c�ilcill yocirs. OC'EAVS OF OPr OKR)�'t�'� July 9, 2018 To whom it may Concern: GOLDEN WEST COLLEGE HUNTINGTON BEACH, CA Wes Bryan, President I am writing this letter to inform interested parties of Envise's ability to perform multiple size projects, ranging from $1,000.00 - $10,000,000.00 with equal ability and professionalism. As the Director, Maintenance and Operations for Golden West College, I have had the pleasure to work with them for over the past fourteen years and counting. During that time they have performed multiple projects including; building our new Central Plant, replacing 25 roof top units, installing 94 new four pipe fan coil units, including the heating hot water piping, conducting our ongoing preventive maintenance for the central plant, and numerous smaller maintenance and repair projects. During our continued partnership the campus communities at large have had nothing but positive comments related to the Envise team as they have performed their work. Everyone is always thoughtful and courteous of the students and staff and is more than willing to work around our schedules. The knowledge that your team brings to any project is outstanding, from knowing the ins and outs of California Energy Code 4217, being able to navigate through Prop 39 energy savings rules and regulations, and understanding how to maximize our rebates with Southern California Edison. I can honestly say that you have saved us, and helped us receive back over a $1,000,000.00 that we were then able to put back into more projects, Finally I just want to express my gratitude for the outstanding partnership and the customer service that Envise brings to the table, from the monthly customer survey's and site visits, the hosted round table discussion that allow sharing of ideas between like customers, and to the "open door" policy of Senior Management to listen and make changes based on customer recommendations. Sincerely, bl diki Joseph Dowling Director, Maintenance and Operations Golden West College 714-895-8158 jdowling(&ewccccd.edu 15744 Goldenwest Street • Huntington Beach CA 92647-3103 (7141892-7717 • www.goldenwestcollege.edu John Themes We€spfenni€Lg, PhD_, Chancellor mass c��„�„a��uy cm€�y< oi,r�ia aoa�d orr,�m��s Oac1dA.6mut Mary L H-huM, 19m Mom Jeuyeaitersnn tmraine Priaeky, PhD. S,ude,[ hq,, City Council 27 — 99 3/16/2021 1 11visn I cilldy I IVAC oi-vi -u1rH'int€anwui .��,€ abuirk I nlc,�niv m"III AQUA CALIENTE CASINOS To Whom it May Concern: As, a leader in the Entertainment Industry, custorner service is key to Our husiness as providing, best in class Casino and Resort accommodations is our number one priority, I would like to write this letter to express our appreciation for the partnership and service Envise provides Agua Caliente Casinos. The Southland/Envise relationship began in 2002 when Southland Industries constructed the HVAC for the Casino. Since the turnover of the facility to the Casino staff, Envise has performed the service, maintenance and sinaH projects. Throughout the years the E nvise Service Team has delivered professional and dependable proactive service on our equipment, keeping the sVstern operating reliably for our 24/7 operation. Envise has become a trusted partner from the start of our relationship. Their integrity and transparency continue to impress our company through their accountability, attention to detail and clear communication. Envise's technicians have proven to be experts in all things HVAC and are a welcorned addition to the Agua Caliente facilities team. The team has shown time and time again they are always there and willing to help. We look to Envise as a valued partner and extended staff to the Casino facilities team and look forward to our continued relationship with their entire Service tearn, Sincerely, James Stone City Council 27-100 3/16/2021 1 nvisn I acildy I IVA(, Sarvicu, 7 114�if�/I l`JJI> I'I'_�It „C�IVIVI'� I AI'I ItIIE'Idt,lE To Whom it May Concern: The Pasco Colorado Mall has partnered with Envise since 2004 to maintain the facilities Central Utility Plant. On behalf of PCM,1 wanted to take this time to express our appreciation for the Envise service group and technicians that take care of our equipment. With our YT York Chillers being the heartbeat of the Mall, we depend on the equipment to operate reliably day in and day out and Envise has delivered exceptional and dependable service to our equipment and facility. For example, our YT Series York Chiller has never been down since 2004. With a moment's notice the Envise team is quick to respond to our service needs giving us the peace of mind that our facility is receiving the best possible service. Sincerely, Juan Morales General Manager (626) 795-8891 x 212 Juan. Morales@thepaseopasad ena. com City Council 27 — 101 3/16/2021 1 nvi;.n 'u.]11.po: rillloii":llyaa('orfloAn. 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cyccounfedfaweochyeor AnnyShonohon-{]Ipohcherhzrollmer�ficecalls on0rnonoqerneniofserviceuchr, du/e CONTACM junnMorm|eo.Genero|P,Aono0er 300 EmetCohrmdo Did, Posodeno, CAI 62U95T891 x2|2 �)A ES:Vorious; 'Ifl 1 0 COS S: Vmrioua; [urrentonnuo| nnointenonce coat im $78K City Council 27-104 3/16/2021 l',,;, �/ i� �i,,, iiiiiii ��/� //� �' ���,, a�Impl swcwrxnompI 6m Dwho bows [ontro|mand HVA{ NAzintenmnceoythecornerahzneofWSW foci|UyopuotwnyAaoonntno|aond rnechmnico|oemicecunnpuny,Enviae|ooka(It ayak,`rnaondrootozuuearotherthonjustindividuo|cornponanto,Thia allows uatuunderwmnd!no foci|ityho|iaticoUyonddiognoaeiaauanorrmrding|y, Enviseundermtonduthotayaemnthotoremnintoinedprupeld,theexpeded|ifecyc|eoftheequipnnenton6expected openohng cods atoy in |ine vvith deign empecto�iunm8ecouae ofthis, Envise 0e|ieveo in o pnadictive ond nreventotive nnointenonceopproochosopposedtoreoctiveprognonnBomedontNis!dFpoisopporentthottheCdyofSonta Ano "preacHve and pireve��&Hve s6�uH01lv1l �'We|ookotthe entire6oci|i�y,o|ong vviththeconditiononrlenvironrnentufeochpieceof equipmentand connponenMeono|yzea||Von tudeaign mso|utinn"tthenee6softheinIrivi1duo| cIioifl ond foci|ity, Booed on equiprnenttrendo, EnviaevviU nnoko recmrnnnen6otionoonequi�!)nnontinthceodyMogosof predictive6oi|ure,Thmae-rodidhmnav�4UoUovvEnvioeto ackedu|erepmirahuHovvnsottirneathotdonot conRic]whh ourdient'aColl 6uaineeaopCro�ono Ourpre6dkeop�,:)ruochturnoinhanonceiainnpoironttuuy ond ourc|inntaVVe one in the, ouainess ofproviding dient curnfoil' tomdwepmyapach|othanMontoour opproochin drdiveiringtherightrnointenonceprogrorntothe indk/iduo|nee6yofeochunique6oci|ih/Thiao�ecd6c�ro�nonnim bui|tuaingthein6urnnotionpnovide6bydie [ityofSontoAna, monufocturer'sguide|ines.induatrysondordm,ondour experience COMMUNICATION Til�) ,comnnunicotionJthennmsfinopoMontpod ofany sevceprogronnWaonforeoch dien por1ne0hip unleratonlingvveorebeinginvdedinfo fad|itiemtoumeourexperiencetosuPpo1uurc|ient"gods |nordertomcoimve thi4 it is cr�ico| to eff0dive|yconnmunicote iamues, pmWe mo|utions ond p|onaforquiA inop|ernentolon Ef6sc�ecoInn munkzi�lonhejinsw0hourmenvicefechniciono C)urservicetechnicionsto��the |eodincmrnnnunicotingoUdoto totkepeqp|e'booinnin8mMhyourdedkotedonmho Foci|dy Engineec Enviaa uses severo|funmo ofdocurnentotion to mointuin conolsent connrnuniortinn, inc|udinQ o MobAeTKch Syatenn.vvhichdocurnentaourforprewentive rndntenonce,equiPrnent|iats.ochndu|es,reporta,undother Thebeneftofkeepingone|edronic|oQoasummsfondordMion ufprocedu�mforyourfoci|i��T�io9uoronteeathecoundinotion mindofoerviceprocedureoforyour|ided =°..i"=�"+ T�.." +��|"���°°=e�°""�"��=,"n"++�°|*~,^.., ~�~r' ~^� ' ~` ^'~ '~� ~~~~' ~~ � '''~''~�~� ~^ '~~' ~' ~~� diejjfl�,to revev vvdq the ruvvnens oni peeraN| infomnotion isnnointoinedvvohinEnKe'smerversondannoi|edtoourc|ientaottheendofthernointenonceaenvrce,oaervicecoU, orconnp|ehonofoninmtoUotiom Ackdi�ionoUy,youosourc|ientvviUreceiveofoUom+uptoeochyervicepell'sorl ensuringthotEnvisnexecutedourtoyourgreotsotisfoction. City Council 27-106 3/16/2021 a�Impl swcwrxnompI 6m EMERGENCY REPAIRS Qequea�odrepmiraand emerclencyrepoiraerviceuonernms|yunpkonned henoatkevvord�vner�ency� Theoe reques�svviUbohon1|edootheyconneintoow, Principo|A8ent4uweyLeyvoOnceAuoreyreceiveotherequeatvve vviUgothorthonecmsooryinformotiontoprovidepricinQtotheCityforopprovo|VVithopprovo[AuxayvviUvvorkwith ourdiapotchertoychedu|ethejjivit[)the(-itY Forennengencyaeilviuevvehoveodedicoted24/78enJoeDia�pohhphonenyou con reochon m8entmtyourconvenience' )urin�jnorrno|busineamhours,thionurnbervviUtokeyou dinecHytuone ofour�io�otch reprement�t�em Win coneffcient|yroutetk*currectEnvimetechniciontoyourfoci|i�y AF�rnumno|,the sonnenunnbervviUrouteyoutoouronfurinnnnedioteN/7servic(-,, �eiiii-vice Ca���&�)Uqoal� 6[tU�foirii,ial� iaiiit Envise Dispatch Phone Number: ('714) 65'7��'1695 E111\Jaepruvidemenne1'ge1uq/mervice24houmi doy,7days pervveek, nn(1B6"5doyaperyeocToocceooEnvism'menoergencynervicep|eose refertothe6o||ovving procedure� °Wormo| OH6ce Hours - TOO AMtin, 5�00 P,1%1 P|eonedio| [714} G57- lG8Sonclask foil Servire °Forservk-eouts�6eofEnv�e'snonno|oirHceahoura(5:OOto7-OO AM), p|eaam dim| Enviye's 24-houronnerQencyaen/iop nurn6Orot(877) 573-l439 Youvvi|| Deoakedto provldeyournorne. cornponynmrne, phone numb�rand oshod &scriptionoft�eernerBencYA 24-hourae1'vic0 reprea�ntotivevvi||cuntoctthmoaaignedaervicotouhnicionmndhovo thennco||you dinect|ytoreapondtoymurernergencyEnvIaevvi||hove,vvor,'ingperaunne|onyitewit I �Iouiroil- 00�or"�ytc|ephunetoo cityofHcim|vvithinl� hourifthe �nob|om iarorrectnb|ethrou4htheuneOfo connputer ur nnodem to o||eviotethe oourcu ofconnp|oint Envise Dispatch Email Addremm:��r�U���U����������������.��mm Fornon.dientsIII noyo|oouseouryenvicediapotchernoii Thimennoi|iSmoniture6�uhng�u�iness hounuand is('1neffcientvvoytoconnnnunicoteond docunnentolily foUovvuporqueotionmvvit6ourteorn, iaernoi| inc|uiemnnu|tip|e noemhesofourteorn. enmurin0tlottheCityreceiveothe nnostupto doteond inforrned neaponse pommi6|eimo pelifoctvvrlytoget111-|d ufuurservice6ispotclhaonnthrouQhoutt�Iejj�oY6utim notdimact|y noonitorelid24/7somuretouset6e�bcmephonenunn�erincomeufonennenQency [)noeourh�ckni�ononivesott�af�d|��6ewiU�ouL�es�omtt�epro')|en1 ^Aoot[ouseAdy,, s^ rnethmdo|ogy(dehi|edonthefoUoWingond diognoaetho Oes�vvoytolmnoceeid� |fthepro�|erncon���mo|ver whi|eonoik'-",vvevviUd0000ndchec�mutvvithyouron-oitecontoctbefore|eovingtkefcici|ity Ifod�ifionc|poidnoroboronanee6edtocmnooJehathere�-)oijrourtschnjCi(In �ulU|envetheunhinthoaofns poo i:D|e conr,ition,nepo�ourilndingatoyourfoci|itymontuctmndchock out OurPropoao|Specio|iatwiUpreporeoquotevvith odehoi|edacupeofvvork,vvhichvviUberoutedto4ubreyLeyvo, AubImyvIUmorkvviththeuppno���tecontodwit�,jthe [ityto ddernnine huvv boatto pnzceed City Council 27-107 3/16/2021 a�ImpswcwrxnompI 6m ROOT CAUSE ANALYSIS Enviaohas odoptedornet�odo|ogyof^QootCoumeAno|yyiy^ond 0sternmine ffftreProbleni Thehnst sepiatodetemninethe f:sii°mfo�fennofthesymhann,orin otheraond% Hozoneistoo hotorco|$orthecon! ro|p|onthas an o|ormThe bYvvomimUQMRotherthon vievvtne contro|s oain6ividuo|conoponentm,Envisevievvsthecomponentsand Doch pieceufequipnnentispoirtofthe ayatern|tisinopoii rontforuato provideuurservicmshosedonNiaconceptAcGumknots mrfoi|urom ofconnpunentairnpoctWeovero||aysteno AduatingoMerrnostot necirlumeitishot orco|d doemnotneceamori|yodidrensffierootcouse ofNoproh|enn |tnnoyQodirtycondonsormil nrovvornhod, creoting tke origlno| hotorcm|d comp|oint orj�uating th�!therrnostot wi||on|yrequireuaecondco||vvhichmay annoy rho tenont Envisebo�ieveyinunderstondingtheayahannprocea |ndoing this vvevviU he|ptoidentifytheypecdGc prob|em ofthemctuo| cornponont |n rnony uooCq E10evvi1 uaethO copmcdymfuur in- huuaopeyourceatonouunavvetru|yunderatandvvhottheprub|arnia Byto<inc� thr,:so oxro utepn, Enviae can go! down tothe root couoa oftheprowenn Oncet1ephas boon [Hent�lie6,thenoxt s�epr:;tudehenmine theclause ofNeprob|om,orinothervvcp6swhotpoidofyour mystem hos6oi|e6EnvimevviU inwestigoteWe cousefor6eRciendes, docunnenkMoseitenom,and Men revievvMorn vvithour c|ientand provide nnu|tip|e so|utionq ifvvornonteo1 Oenmniningt�e roof couseofthe pro6|em s essentio| in deKopingthe cornec ao|ution JMoAg napoirmvvithout deterrniningtke rootcouomofthepro[�11|ennvvi|| on|y|eovoon ovenueforrepeotfoi|unsson,-]mervicecoUa, fff)ev4fqo aiiii�id a Solution {]nceth�prob|ennANeWledondthecouserevievved,theau|ution can ton beimp|ernenfocLThmeso|utionsnnoyconnu|thoceted and ifnoeded,EnWyevviUprovide nnu|tio|eao|utiunoppromchenor reconnmendotiona Tke molutkrn can bo as Al om od�us�inq n ayadern ozntnz||eq orom connp|iootedoaao|vingodesigni]eHciencyAgain, EnvisevviUuti|i,�et�re orsourcesofourexpeivrencedsoffo|onq�vvithourin-houaeengineering copo%tieatodeve|opPro fno|mo|utimnProvdingtheiso|ution prevenhxnapeotcoUsontnemzmepmNems Determine t~ the Identify the VK8�� ~~~ ~ ~~ � ~� Causee Develop �� ��������U���� �t Implement � �K� U K����U��������� U the Solution ��� _ �����������n City Council 27-108 3/16/2021 a�ImpswcwrxnompI 6m Em�yceolsupmoickmand AnndondWdprocosseafor oUonaoaofourMuoinesatohe1penouneconoksentlevels of servicyThiaewendytoour sJohupproceoaPer eochdientonerentsringintoonagreementRoma Wow be|owtTe Wended otoI-Pupp|onforMoCdyofSontoAnn UirileirividUlCldk -Off Meefiiirl!�; AHerenteHngintoonogreennentvvithGre(It theEnviaesobs tam vviUmeetvvitkourinterndService�epo�nn�nt and hC1ndoverdetoi|aforthennointenoncecontroctThepurpumeufMenneetingistoenmureall porlieminvo|ver-1 unolenlondMefuUacopeofvvoritobeconnp|eted,revievvthetime|ineand infornnthetorn ofonySpartan! de�oi|o requemted byte[itybrou0litupduringinitio|conxersotions, lllx�lqulrrldl Kidc Ol''f Mee�Gnig wiflh Cl�leivvfl ThenAerno|UP: offnneetingintru6ucesKedediootedEmAnernointenmncoteonotut6eCity ofSank Ann teornNtnistirne, we would intnocucetoNuwey Leyvo {Principo| Age% Mot Pop��(PjrrjectMonoQer)and theserviceteonn Ouhn8tkeIII Hm'�ing wevvou|d dollineno|eaand 11 rrvievv�nri�cdex�edotom\ discuoathe and ex�|ain oomrnunicotion protoco|a,wato�lle o coUobonz�veoppnzochvviththeJost tontheoche6u|e,revieving|ogis�c%ewpectoHons, entrypointaand Waking key dotevThennmdting dUovvouutooddnessqueytionothotvvare not covereddurinjtheprocunamentprocesytoensunewecoveronyoutytondingiternoand oeytservotheUy'ancecis, A6dliomz|tupicsdhuuosodotWo Windudeonsvvejr�n8mnyooivhcequestion::�, goiningon- sitecuntocta,coondinmlingneeded occesoaid diopoao|%revievvngCOV|Orand otherheo|th and aofeh/requirement%and coUectingbiUingcontoctinfornn�tionoi pupcvoaeonder(PO} |tionot uncomnnonfornnziIII tell nilia) tobeginontheaonnedoyoaMeexterno|,ic< off rneetinQN bothpoilies�,-irein o|ignmentont-iisschedu|e. SM-UpNAWerraince Our NmtaervicevisitunuoUysov1avvHhonnum|menjce,6ependingonvvhenthe|oatOurmervice technicionmvviUorrWonmiteon6checkinvvH6ouron-oitec|ientcontodVVet`enw^r1vtoresareequipnnentCis c|use|y osposai�|etoo�gino|rnonufodurin�operotin�ston�or�sT�etec�nicionovviUi�en�fyon�osaesmonyfu�hervvork thatnnmyneedtoWorrnyetelond6ocunnentorlWotfxoHnitstheequipnnentfnznnmeetingrnonufocturing s�ondondaAHrrthosmite iocomp|eteri,tketeonnvviUcheckoutvvithtHie sin -oitecontoctand nnoydiscuaath6ir hndng&(DurPWcipo|AgmtAubmyLeyvjvviUfoUovvupbymendinqofu||y-docunnented C.onditionAepoil, Anex�nno|ec�ourS���up���int�nonceocop�nnuyindu��theor��s��|��� I lllS'"l'llHl4Gforesceaaivevi�rotion'nnotorvvindn8roshfonce,refigmnontchorge. fun QP�A ;o�NQeront oi| (ncidl. Run gas ona|yaiy, aofetycontro|a. connbuation U���������forvvorn,fo�|edor6ou�fu|po��e1echicc|vvi�n�,nnoun�ng� drivecoup|ings,aheoveo lnuUuys.heotexckon�ers,cnon[:coseheoteir,oi||eve|, oi||eoka,rototiun,soot,ruataputn,RorneconnFoaition�n�shope,openztionof stoticmzne, pi|otoly igniteq yeom,vvoteir, oi| ond/orro1rigeront|eoks� lAJOVlllMAUN l ll]HA�NClllrnoyinch udejob |o6ojtrove lobar and tro0l and |k/ingenpensesroquiredtodeon,o|ign,co|i6nz�o, ijhhen,ocGust|u�ricoteand pointequipnoentThoseoctivities cweintendedtoMond oquiprnont|�eondenmureproperoperolingoondihionondpnunnoteefficiency ° OLEAN|NGcoUnurfoceaondap|ittingmu|tip|epan arils ifnecosmaryAnn inopeUeraond6|o6en,e|ectrico|cuntucts, conopo11 11icmndensotepona.drains, ,pomaooesand no��|es,pi|ut City Council 27-109 3/16/2021 a�ImpswcwrxnompI 6m ondignde�coohnghzvverbmfRes, oosin,yunnpand noutchiUcr,cmndonaerondboi|ertubea ° NL|GN|N<"�be|t6inveedirivecoup|iniga,oirhno, ° CAUBAAT|NGaofe�ycontro|,tennperotunaond pl-Cmsurecontno|s ° T|GHTEN|NG'e|eutricn| connections, nnountinQ oohs, pipec|nrnps' refrigeront�ipinQhttings, dornpersoctiona" ° AC4UST|NG Doh tenaion,rofri�ermntchonQ�,auperheotfmn,vvmterchennico|food and fee-lrote,burner fue|/oirnotioo,gas preomune,aetpointof cuntnz|yond|innito,connpreaamrcy|inderun|omdem,dmmperc|ome- of[ ournpRouta ° PEQFO���e'M|N<;onnuo|Spectrmoi|ono|yoiaondroinin8hznkand checl:ingoutodnzincis requiredoncomprenmor1 ° LUBQ|[�T|N(�nno��rs.6ononCIdornperbeoringa,vo|vestamm,connper|inkri'Des,fonvone|in�logea; ° PA|[AT|[AG forcorroaioIII contro|mnoncis -needed Dosis AddffioinaUSu�p�poirf QIUNW`�]!! R Y 0� �MS |n odrition tu menviceviods nopu�s. EmjmswiU conduct quoMer|yinsmit) uur Phncipo| 4genthu6rey to enmurecuntornersotiskoctionondrepo111 [)ock nvisr,teonnoIlly neceasoryinoprovennentn�Uofouraervice sk'�n6ordsand procCmsesoreheretin, enmurethoteockvisit rneetsthe11-Indnoedamfthe[ityofBontoAno �n� continuento en�onc�the re|otiono�ipvvithth� [ityon� its nepresentotiv�s MWMIIJALACCOLPM������' P�ortotheunniver�xryofourognsernentEnviaevviUrequ��om�e�inQto�iacuosoreviewofouruervicey��u�nQ this meeting,vvevviUrevievvo�re�nnent�ocurnenta,u�tenote�oQre�nn�ntcoatono|yeea,pn�ectacornp|Mcdond ,-AgetingFor rnointenonoeand pro�ecta Maiin�hemiaince S6[iedU�e City of Santa Ana 2021-2022 City Council 27-110 3/16/2021 EXHIBIT B City Council 27 — 112 3/16/ �0 of 10 EXHIBITJ: RFP PROPOSAL PRICING CITY OF SANTA ANA REQUEST FOR PROPOSALS 20-134 FOR VARIOUS CITY FACILITIES lzldjg&Y fy dM ----- -- - -__ 1-3 m..mivimin.mim H. oil LY70 M RO '1110 "1 W11 E RMI I W IZIM P�WA I - ................annual Cost _ 69,965.00 Time and Materials OnIv For work performed during regular business hours (Mon -Fri 7:00am to 5�OOpm) Regular Technician.............. ... ...... 36.00 hr Journeyman Chiller Mechanic, .......... ....... $ 155.00 /hr Apprentice Chiller Mechanic 120.00 /hr Sheet Metal wwwww125.00 /hr Materials Markup Percentage Base price source� (MSRP, Wholesale, Dealer, Jobber) Company Name: Envise KqUTM"F"*&-x $ 130.00 /hr % 20 Wholesale M its] 01301 M11 I! I MWET01. 0 W-6 MM 11 M s O 4 21 MM I : Facilities HVAC Service, Maintenance and Repairs 20-134 Page 39 City Council 27-113 3/16/2021 1 nvisn I III '.)Jjporill loll 011yof SurfluAni.�� ... I acifily I MCI Sorvicu, Moirflonainco al)"I "Pjcah' CONTRACTOR AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 16th day of March, 2021 by and between F.M. Thomas Air Conditioning, Inc. ("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"). RFC 1TAT,C A. The City desires to retain a contractor to provide heating, ventilation, air conditioning (HVAC) repair services, including emergency call out services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting film 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. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Contractor is one of five Contractors selected to provide HVAC repair services. The total aggregate amount, among the five contractors, shall not exceed the shared aggregate amount of $575,000 annually during the term of this agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. City Council 27 — 114 MOP f" 3. TERM This Agreement shall commence on April 1, 2021 for a three (3) year term with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "Public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws, Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. S. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 10 &nbsp; City Council &nbsp;27 &ndash;&nbsp;l 15 3/16/2021 &nbsp; 7. INSURANCE Prior to undertaking performance n[work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Contractor shall maintain commercial cencm| liability insurance narning the City, its uffiuco, employees, agents, volunteers and representatives as additional inoured(s)and shall include, but not hc limited to protection against u|oimx mioioQ from bodily and personal injury, including death resulting therefrom and damage 0oproperty, resulting from any act or occurrence arising out of Contractor's operations in the pudhononcn of this A8ncemcrk, including, without limitation, acts involving vehicles. The amounts of insurance shall honot less than the following: oiug|c limit coverage applying m bodily and po,mouu| injury, including death resulting therefrom, and property damage, inthe total amount of$),0U0,0O0per occurrence, with $2'OOO,000iuthe aggregate. Such insurance shall (a)name the City, its officers, employees, agents, and representatives as additional iomu,ed(a); (h) he primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (o)contain standard separation ofinsureds provisions. b. Business automobile liability insurance, coequivalent form, with ucombined single limit of not less than $1l00,000 per occurrence. Such inoum000 xhu| include coverage for owned, hired and non -owned uutomobi|ou. C. Worker's Compensation Insurance. !naccordance with the provisions ufSection 3700ofthe Labor Code, Contractor, ifContractor has any employees, iorequired W he insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor uAmua to obtain and maintain any employer's liability insurance with limits not less than $},000,000per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit ofnot less than $\,008,00Oper claim with $2,0U0,0OOinthe aggregate. C. The following requirements apply to the iooumuoe to he provided by Contractor pursuant tothis section: i. Contractor ahu|| maintain all insurance required above in full tboe and effect for the entire period covered 6ythis Agreement. ii. CortifiouLco of insurance ohu|| he furnished to the City upon execution of this Agreement and shall buapproved hythe City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (}8)days prior written notice \nthe City, iv. Where the amounts orcoverage provided bythe certificates ofinsurance provides coverage greater than those listed by this Agreement, the amounts provided bythe certificates ofinsurance shall hcincorporated byreference into the Agreement. V. Contractor shall supply City with x fully executed additional insured Page 3of0 City Council ;&m6mpjl6 3/16/2021 &oouy; endorsement. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (I ) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by Page 4 of 10 &nbsp; City Council &nbsp;27 &ndash;&nbsp;l 17 3/16/2021 &nbsp; law, from the date offinal payment toContractor under this Agreement. All such records and invoices xhuU be clearly Nco1fiahlc. Contractor obuU uUo* u representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant tothis Agreement during regular business hours. Contractor shall allow inspection ofall work, data, documents, proceedings, and activities related tothis Agreement for aperiod ofthree (3)years from the date offinal payment toContractor under this Agreement. 11. CONFIDENTIALITY lfContractor receives frorn the City information which due to the nature of such information is reasonably understood 0obeconfidential 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 iunoevent less than reasonable care. ^^Coufidoutiu|Information" shall include all nonpublic iu5onnution. Confidential information includes not only written iutoonmiiou, but also information tmua{encd orally, visually, electronically, o, by other means. Confidential iuƒoonudon disclosed to either party by any subsidiary and/or agent ofthe other party is covered 6ythis Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (u)has been disclosed inpublicly available sources; (h)is, through uofault nfthe Contractor disclosed inupublicly available source; (o) is iurightful possession ofthe Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation o[law; or(c) is independently developed hy the Contractor without reference to in6`nnudon disclosed hythe 12. CONFLICT K»FINTEREST CLAUSE Contractor covenants that bpresently has no interests and shall not have interests, direct or indirect, which would conflict ioany manner with performance of services specified under this Agreement. [l DISCRIMINATION Contractor shall not discriminate because ofrace, color, creed, religion, oez marital status, sexual orientation, age, national origin, ancestry, mdisability, asdefined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral o,written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms nfthis Agreement shall prevail. This Agreement may not hmmodified except bywritten instrument signed hythe City and 6yunauthorized representative ofContractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent vvith, or in Page 5of0 City Council ;&m6mpjl8 3/16/2021 &oouy; addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any Such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deerns, appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 6 of 10 &nbsp; City Council &nbsp;27 &ndash;&nbsp;l 19 3/16/2021 &nbsp; 19. PROFESSIONAL LICENSES Contractor shall, throughout the term ofthis Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respectiveparties toeach of the terms of this &ureexnonL and ohu| indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority orpower ixnot, infact, held 6ythe signatory oriowithdrawn. 6. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth iothe body ofthis Agreement. 21. NOTICE Any notice, tender, demand, delivery, mother communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given Jdelivered inperson ormailed by First class orcertified mail, postage prepaid, orsent bvfax or other telegraphic communication in the manner provided iothis Section, tothe following persons: To City: Clerk o[the City Council City nfSanta Ana 20Civic Center Plaza (4-3O) 9.0.Box \9QD Santa Ana, CA927O2-|988 Fax: 714-647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana P.O. Box 1988 LSanta Ana, California 92702 X. -647-5635 Page 7of)O City Council &nbop;27&undaah;&m6mpj20 3/l6/202| To Contractor: F.M. Thomas Air Conditioning, Inc. Attn: Thomas Feyka 231 Gemini Ave Brea, CA 92821 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the pat -ties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney A-Z Bv: Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager Page 8 of 10 &nbsp; City Council &nbsp;27 &ndash;&nbsp; 121 3/16/2021 &nbsp; f aa: &nbsp; City Council &nbsp;27 &ndash;&nbsp;122 3/16/2021 &nbsp; EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS 20-134FOR FACILITY HVACSERVICE, MAINTENANCE AND REPAIRS AT VARIOUS CITY FACILITIES SCOPE OF SERVICES & SPECIFICATIONS General Information The Contractor shall retain professional personnel who have successfully and competently provided municipal facility HVAC repair services on projects of similar scope and complexity. It shall be the Contractor's responsibility to provide as required by the City a competitive hourly rate for repairs and service of all aspects of HVAC systems in City defined facilities. All requested HVAC repairs / service shall be provided in accordance with the highest standards of the induatry, ak0, wnrkmenohip, applicable trade pranLioee, meet warranties and in conformance to all applicable |a*m, codes and regulations. The eu0000sfu| Pmpooar'n maintenance and repairs program for the Pn|ioo Department Headquortera, and repairs as needed program for all facilities uhm||, at minimum, include but not be limited tothe specifications outlined herein. Services to be Provided his the Pnop000/o responsibility to provide service proposals as required ofHVACtrades, central plant chiller oyotems, air handlers, and automation systems as needad, and all requested services are h> be compliant with all Federal, State, CARB, AQMD, OSHA and all other applicable regulatory requirements. Pricing Tabulation Sheets Prices oostated on the RFP 20-134 Pricing Sheet (Page 39) shall be for HVACmeintenance at the Police Department Headquarters only, and for repairs as needed at all facilities, HVAC Repair Staffing The Contractor shall provide staffing levels sufficient hoprovide ahigh level ufcustomer service, program support, HVACmaintenance and repair atdesignated City facilities aorequired: Staffing should include staff certified and proficient in the complete maintenance and repair of Centrifugal Chiller systems, air handlers, pneumatic and DDC systems, walk in refrigerators and freezers, and a variety nfpackage HVACunits. Additionally, service levels shall provide the capacity to respond expeditiously to situations involving the health and safety of employees and/or the public; comfort and operational capability of any public meeting space. Routine repoim, aomico requests or other non -urgent tasks shall be completed byjourney level staff. Tho]ourneylevo worker(s) shall beproficient inthe following trades: ^ All mechanical, electronic and pneumatic aspects nfchilled water systems ~ Centrifugal chiller systems ~ VFDdrivea , Air handling systems ^ The interface and control ofH\ACcontrol systems ~ Walk inrefrigerators / freezers / evidence freezers Billable Work All raqueeted work shall be considered billable hours and will require that acompetitive estimate for that proposed work be provided to the City Representative for consideration and approval prior to work being completed. City Council ;&m6mpj23 3/16/2021 &oouy; Security Backaround Check of Personnel Contractor is required to provide security checks for all personnel assigned to work under this contract. Security checks will be coordinated through Santa Ana Police Department. Additional checks will be required for all new employees during the lifetime of the contract and all expenses shall be borne exclusively bythe contractor. The City reserves the right k>approve/refuse any prospective employees ufthe contractor anaresult ofthe background check. The following information must be provided tothe City Representative no less than 30dayo prior toany employee's start ofwork: o. Full Legal Name b. Social Security Number c, California Driver's License o[0Number d. Birth Date e. Current Valid Address Damages The Contractor will be responsible for all damages to the facility or contents caused by Contractor, their staff, or by subcontractors during the performance of this contract. The contractor shall furnish and maintain all equipment necessary for properly service HVAC systems in City buildings. The City ofSanta Ana reserves the right to inspect equipment to be used toperform services under this contract. Failure hoprovide regulatory compliant equipment for carrying out all requirements ofthis contract may bagrounds for termination ofthe contract. Emergency Call Out Service It is highly desirable that the awarded Contractor provide 24' uurenergenny service as needed in all aspects ofHVAC emergency repair for Santa Ana Police Department and various other faci|itien, as included in this specification. Hours uho|| be Monday through Friday 5:00pm to G:OOemand 24-hours each day on weekends and holidays. Contractor shall have working personnel on'ohewiUhin 1 hour of the call -out, or respond by telephone to the City Representative within 1/2 hour if the problem is correctable through the use ofacomputer/modem tualleviate the source ofcomplaint. HEATING-VIENTILATION-AIR CONDITIONING (HVAC) SERVICE, REPAIR, MAINTENANCE AND MONITORING AS REQUIRED Contractor may berequired to respond to indoor temperature complaints and provide expeditious correction and record complaints and corrections sdall City facilities. Contractor shall be proficient in HVAC control oyuhamo. Contractor may berequired to inspect all HVAC systems at least twice each year, with seasonal start- up and run inspections performed and documented. Contractor may be required to provide oversight and documentation of Geeoono| Preventative Maintenance ofchillers and boilers at the Police Headquarters Facility oril ; with service tobeprovided by Proposer. Contractor may be requested to perform the following services: ° For cooling towers - may be required to disassemble screens and amoaae panels for inopechnn, inspect the tower fill, support structure, sump and spray nnzz|am, fill vo|ve, gear box, drive coupling, fan b|ades, and motor booringn, clean starter and nabinmd, inspect wiring, check motor starter contacts for wear and proper opmraVon, muggertest the motor and log readings. and check the condition ofthe contactor; and log observations. ° For pumps - may be required to lubricate baeringo, inspect onup|inga, check for leaks, and City Council ;&m6mpj24 3/16/2021 &oouy; investigate unusual noises. ° Contractor may berequired ho perform air -handling unit maintenance and repair which includes but is not limited to; all services recommended by manufacturer. Additional Contractor Requirements " Contractor shall show evidence of presently serving other municipal customers. • Contractor shall hold current C10 and C20 licenses. ° Contractor uho|| provide HVAC employees that; poaoaoo a State of California Joint Journeyman Apprentice Training Center Certification; Automation Specialists that are continually factory trained on Automation Syntem, and must be able to provide monthly operator coaching of select pe/oonne|, certified in servicing Centrifugal Chillers and Allen Bnad|ny, ABB Drives. ° Contractor shall provide the City with full-time journeyman -level mechanical personnel and factory - trained automation specialists. • Service specialists and technicians shall normally bedispatched from o local headquarters or branch within e 20'mi|* radius from the City Boundary line of the City of Santa Ana as defined in the most current Thomas Guide Map. ° Contractor may berequired tnprovide HVACdata protection and recovery services, control loop tuning for the City'oautomation system. ° Contractor shall provide emergency access 24 hours a day, 7daym o week. For Johnson Controls, contractor must be available by phone during normal business hours for consultation and emergency assistance. ° Contractor shall supply their staff with their agency uniform and photo identification tags that will be worn otall times. Uniforms shall display the Contractor logo, and employee first nrlast name shall be clearly visible. ° Contractor shall provide k8SOG sheets to City in u complete "Right to Know" binder for all products used in City facilities. City will determine location of "Right to Know" books. City Council ;&m6mpj25 3/16/2021 &oouy; SPECIFIC SERVICES ALL Periodic Maintenance Applies to Police Headquarters Facility _ Oni Maintenance aeRequested Proposer may berequired Voperform preventive maintenance in accordance with aprngram of standard routines as determined by your oxporonoe, equipment app|icadon, and equipment operating hours that are recommended by each equipment manufacturer and location. This service is designed to optimize the reliability and efficiency of the equipment, extend the useful life ofthe Qty'sequipment, and provide proactive indications ofexcessive wear and damage to HVAC systems before o catastrophic failure occurs during the next operating season. Proposer will also provide recommendations for additional service(s) that will better enhance equipment performance. Air Cooled Condenser Coil Cleaning The proposer may berequired hz provido this servioe to improve airflow aumoo condenser coils, improve heat transfer and extend the life of the compressors. Coil cleaning consists of cleaning the outside surface of the condensing unit coils to remove any airborne parUo|en, dirt build-up by using o brush, high pressure air, chemical with low pressure wash or chemical with high pewuum wash based on the condition of outside environment and coil Evaporator Coil Cleaning Proposer may be required to clean air handling unit evaporator moils ao ea to improve air circulation in the air distribution system, and reduce dust and dirt that is in the system. Coils will be cleaned at u time that is mutually agemub|o between the proposer and the City Representative. Coil cleaning consists of cleaning the surface of the evaporator coil to remove dust and dirt pedio|os that have collected on the evaporator coil. Coils will be cleaned using a vacuum cleaner and/or other devices that facilitate the proper cleaning of the coil. Refrigerant Oil Analysis asRequired Proposer may berequired to pedbnn Speoro-Chemical Refrigerant Oi|Analysis and trend oil condition that identifies contaminants and possible system malfunctions caused by wear of moving perto, such as bearings and shafts. This predictive wear analysis provides early identification of problems prior to them becoming unplanned and costly. Based on the oil analysis results, proposer will recommend when oil changes are needed, and may make other recommendations regarding the operation and maintenance of your chiller plant, This service reduces the amount of waste oil generated, Cooling Tower Drain & Refill as Required Proposer may be required to remove the condenser water from HVAC systems after the cooling season to prevent possible damage and expensive repairs caused by water freezing during winter months, and refill the system prior tospring start-up. The equipment included under this service iuitemized inthe HVACEquipment List. Operating Inspection umRequired Proposer may berequired to provide this service to assure that mechanical equipment continues to operate efficiently with minimal operating disruptions during the operating season. Proposer City Council ;&m6mpj26 3/16/2021 &oouy; may be required to provide routine operating inspection(s) to check system performance in accordance with aprogram ofstandard routines oedetermined by our experience, the equipment manufacturer's published re«nmmendabona, equipment application, and location. This sowino will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation. Operabng/nmponton—HeatngasRequ|red The proposer may berequired to provide this service to assure mechanical equipment continues to operate effioienUy, safely and with minimal operating disruptions during the operating season. The City Representative will provide routine operating inspection(s) to check system performance in accordance with o program of standard routines as determined by our exporienca, the equipment manufacturer's published recommendations, equipment application, and location. This service will focus on equipment operation, fluid |eve|e, operating and safety oontro|n, and safe equipment operation. Operating Inspection — Cooling aeRequired This service may be required to assure mechanical equipment continues to operate efficien8y, safely and with have minimal operating disruptions during the operating season, Pmpoom *i|| provide routine operating inspection(s) to check oyoham performance in accordance with a program of standard routines as recommended by the equipment manufacturer's published reoommondaUona, equipment application, and location. This service will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation. Equipment Tasking amRequired The following tasks may bmrequested onanas needed basis. These tasks are designed to maintain the equipment in on optimum operating condition so that the equipment will operate reliably and efficiently. Reciprocating Compressors: 1. Perform annual Speuho-Chemica|oil analysis test. 2. Preventive maintenance shall beperformed aarequired. 3. Lock -out and Tag -out equipment anrequired. 4. Check all electrical wiring and connections and tighten aarequired. 5. Check starter contactor surfaces for wear aorequired. G. Visually leak check compressor and associated refrigerant piping as required. 7. Clean exterior ofcompressor aarequired. 8. Check operation nfcrankcase heater asrequired. A. Meg -ohm motor from starter and record as required. 10. Check and calibrate all safety and cut-out devices eorequired. 11. Check and adjust compressor capacity controls aarequired. 12, Cheok, calibrate and adjust all operational controls as required. Exhaust Fans: Preventative Maintenance aarequired. Lock -out and Tag -out equipment as required. Check all electrical wiring and connections and tighten aorequired. Check all motor starter contactor surfaces for wear oorequired. Clean starter and electrical control enclosures ae required. Lubricate motor bearings and fan bearings asrequired. City Council ;&m6mpj27 3/16/2021 &oouy; 7. Check exhaust fan belts for wear, replace aorequired. 8. Check belt tension and sheave alignment and adjust oarequired Q. Inspect exhaust fan unit assembly earequired. 10. Check all mounting hardware and tighten oorequired. Pneumatic Air Compressor: 1. Inspect unit, check for rust spots, oil leaks & general condition nfunit aarequired. 2. Drain tank, check auto drain aarequired. 3. Check belt, adjust tension & sheave alignments, and replace belt as required. 4. Meg -ohm and record, aarequired. 5. Check starter wiring & contacts as required. 6. Check motor amperage & voltage aarequired. 7. Check intake air filter, replace aarequired. Air Handlers: 1. Provide four (4) quarterly inspections and maintenance for (21)Air Handlers 2. Preventive maintenance aerequired. 3. Lock -out and Tag -out equipment onrequired. 4. Check starter contacts for excessive wear aaneeded. 5. Tighten all starter wire connections aorequired. S. Check belts, adjust orreplace aaneeded. 7. Check pulley sheave alignment, adjust aurequired. 8. Meg -Ohm motor and record annually. A� Check fan motor(s) amps. Q. Clean and lubricate unit motor bearings and fan bearings. 10. Check operation nfeconomy dampers. 11. Lubricate all dampers and linkages amnecessary. 12. Check operation ofstatic vane (if app|ioab|e) 13. Visually check all coils for leaks (AnnueUy) 14. Check and record all coil delta T(Amnuu||y) 15. Inspect all mounting hardware, tighten aaneeded. Multi -zone Air Handlers: 011 Dispatch Area 1. Provide annual Preventive Maintenance Inspection ontwo (2) York Air Handlers, 2. Preventive maintenance anrequired. 3. Lock -out and Tag -out equipment aarequired. 4. Check fan motor amps oorequired. 5. Clean and lubricate components aarequired. S. Check operation ofeconomy dampers osrequired. 7. Check operation nfstatic vane ordampers oarequired. D. Check operation ofzone dampers earequired. Q. Check and adjust operating and safety controls aerequired. Package Chiller: 1. Lock -out and Tag -out equipment amrequired. 2. Check condenser / Barrel tubes onrequired. 3. Check Chiller barrel tube amrequired. 4. Check and record unit amp draw oarequired. 5. Check unit Voltage and Record aorequired. City Council ;&m6mpj28 3/16/2021 &oouy; 6. Check unit pressures and record as required Chiller with Reciprocating Compressors 1. Provide annual vibration analysis for two CDYork Chillers. Z Provide annual leak test for two C8York Chillers. l Provide four (4) quarterly inspections and maintenance for two (2) York Chillers. 4. Provide chiller controls coolant for two (2)York Chillers 3. Visually inspect equipment condition and operation oorequired. 4. Check for unusual vibration, noise, excessive temperatures & refrigerant leaks as required. 5. Check unit voltage and record ourequired. 6. Check unit operate and records eyrequired, 7 Check unit operating hours and record onrequired. 8. Check condenser pressure and record oorequired. Q. Check evaporator pressure and record anrequired. 10. Check oil sump sight glass osrequired. 11. Record chilled water inlet temperature. 12, Record chilled water outlet temperature oorequired. 13. Check condenser water inlet enrequired. 14. Check condenser water outlet temperature oorequired. 15. Check compressor starter contacts for abnormal wear amrequired. Variable Frequency Drive: Check unit operation quarterly aerequired. Check fault history report uarequired. Check operation ofmanual bypass anrequired. Verify drive signal increase and decrease aurequired. Check and tighten all electrical connections osrequired. Check starter contacts for wear anrequired, Computer Room Air Conditioning Units: 1. Check all electrical wiring and connection merequired. 2. Check and replace filters oorequired. 3. Check all electrical wiring and connections; tighten oorequired. 4. Check starter contactor surfaces for wear oarequired, 5. Check compressor amps and record aarequired. 8. Check sight glass for moisture level oarequired. 7. Check operation ofcrankcase heater aorequired. 8. Lubricate condenser fan motor and fan bearings aorequired. Q. Check condition ofcondenser coil, clean aorequired. 10. Check belts for wear, replace ourequired. 11. Check and adjust compressor capacity controls oorequired. 12 Lubricate indoor fan motor and bearings aarequired. 13, Check humidifier for proper operation norequired. Boilers: 1. Provide annual Preventive Maintenance Inspection ontwo (2)Bryan Boilers. 2. Provide annual Preventive Maintenance Inspection on four (4) Hot Water Boilers. 3. Check boilers for proper operation aorequired. City Council ;&m6mpj29 3/16/2021 &oouy; 4. Check and use boiler viewpodto check main burner flame asrequired, 5. Turn off and secure boiler onrequired. 8. Check boilers for any unusual noise orvibration aorequired. 7. Inspect gaskets for any signs ofleaks earequired. 8. Examine the venting system unrequired. &. Remove and /ur inspect gas pilot anmemb|y, reinstall in accordance according to factory specifications and tolerances. 10, Check boiler circulating pumps for proper operation and lubricate as required. 11. Check flame safeguard control for pilot and main flame ignition anrequired. 12. Check operation nfblower motor and circuitry aarequired. 13, Check operation ofgas valves and vents anrequired. 14. Inspect and tighten all electrical connections oorequired 15. Check and adjust all boiler limit pressure controls and running interlocks as required. 16. Check operation and adjust low water controls anrequired. 17. Check burner, pilot and main flame ignition as required. 18, Check and oil combustion air fan aorequired. 10. Check expansion tank and site glass aerequired 20. Check and record all entering and leaving water temperatures and pressures as required 21. The equipment room shall be left in the same clean condition as existed prior to start of the work. 22. Refer toequipment O&M manual for any maintenance clarifications. Cooling Tower: 1. Provide four (4) quarterly inspections and maintenance. 2. Preventive maintenance oorequired. 3. Lock -out and Tag -out equipment ao required, 4 Check starter contacts for excessive wear anneeded. 5. Tighten all starter wire connections. S. Check gear reducer and couplings. 7. Meg -Ohm motor and VFD'a. 8. Check fan balance and motnr(n)amps. 9. Clean and lubricate unit motor bearings and fan blades. 10. Check operation ofmedia and flow. 11, Lubricate all dampers and linkages aonecessary. Chilled Water Pumps 1. Check pump and motor operation. 2. Check fault history report aorequired. 3. Check and operate bypass valves. 4. Checks and verify strainers for optimum flow. 5. Check and tighten all electrical connections oarequired S. Check starter contacts for wear anrequired. 7. Check and record motor amp. 8. Luboand grease motor bearings aoneeded. Johnson Controls: 1. Inspect and repair NCU1hoNCU12for optimum operations. 2. Inspect and repair anneeded 21air handler controls and 4GVFD. 3. Inspect all damper motors controls and set points. City Council ;&m6mpj3O 3/16/2021 &oouy; 4. Provide JC|parts aoneeded. 5. Check and calibrate all safety and cut-out devices omrequired. O. Check and adjust programming anrequired. 7. Inspect Energy Management System (EK8G)data base and adjust aoneeded. Shooting Range: 1. Perform annual air balancing per requirements. 2. Perform inspection and maintenance anrequimd. 3. Lock -out and Tag -out equipment amrequired. 4. Check fan motor amps aorequired. 5. Clean and lubricate components aarequired. 8. Check operation ofeconomy dampers aurequired. 7. Check operation ofstatic vane ordampers oerequired. 8. Check operation ofzone dampers aarequired. Q. Check and adjust operating and safety controls unrequired. Freezers and/or Refrigerators: 1. Check all operation, electrical, condensers, evaporators and refrigeration. 2. Check starter contactor surfaces for wear onrequired. 3. Check compressor amps and record asrequired. 4� Check sight glass for moisture level as required. 5. Check operation ofcrankcase heater as required. 0. Lubricate condenser fan motor and fan bearings aorequired. 7. Check condition ofcondenser coils, clean oarequired. 8. Check belts for wear, replace omrequired. 0, Check and adjust compressor capacity controls asrequired. 10. Lubricate indoor fan motor and bearings aorequired. HVAC SERVICES — Pneumatic Applies to Police Headquarters Facility ON Preventive Maintenance oaRequired Proposer may berequired tnprovide preventative maintenance onPneumaticAirCompmmsors that responds to changes in mechanical component porfonnanoe, building use, and climatic conditions. Service aho|| be in accordance with o program of standards as recommended by equipment manufacturers' recommendations. HVACSERVCES-VVaterTreatmend Applies to Police Headquarters Facility Onl Water Treatment Services as Required Proposer may be required to provide Industrial water treatment to identify four main problem enema: moo|in0, oormoion, microbiological activity and disposal ofresidual wastewater. Water treatment services will extend equipment |ife, provide operational efficiency, minimize downtime and control water born disease such aeLegionnaires' disease. HVACSERVICES - Infrared Service Applies to Police Headquarters Facility Oni Infrared Electric Panel Inspection as Required The infrared inspection may berequested aeit is animportant form ofnon-destructive bsotingtha has become an indispensable predictive maintenance tool for electrical service panels. K shall be performed with a portable infrared imaging system; equipment that detects infrared energy City Council ;&m6mpj3| 3/16/2021 &oouy; (hmat)emitted from anobject and displays desadynamic thermal image. Using the IEEE/ANSI Standond, this inspection aids in the evaluation of component temperatures. Proposer may be required to perform a biennial Infrared scan of main electrical panels. A detailed report will be provided upon completion of onsite scan. ENERGY SERVICES Applies to Police Headquarters Facility Oni Energy Optimization Services As Required Proposer may be required to perform e benchmark analysis that compares a building's energy performance against industry -recognized benchmarks and provides facility owners and operators with an objective assessment of facility performance and a valuable starting point to identify and quantify the value of energy conservation efforts. Through the Benchmark Report, Proposer will create an energy baseline and obtain, if applicable, on ENERGY STAR Performance Rating utilizing Energy Star Portfolio Manager togenerate a Statement ofEnergy Performance. This rating compares our building's performance against buildings of similar type and operating characteristics in similar climate zones. This report will provide key data points in addition toan ENERGY STAR Pedonnonon Rating including Energy Usage Intensity (EU|). Energy Cost Intensity (EC|).and the facility's Greenhouse Gas Emissions. In addition, Proposer may be required to conduct a detailed analysis of facility interval meter data, when available from site metering and/or the utility provider. This enables us to gain further insight into facility pedonnanne, and provide a snapshot report to help understand performance and pinpoint areas for operational efficiency. Based on current energy consumption and piuem. Proposer energy analysis will suggest potential improvement measures and quantify the impact nnenergy usage, cost savings and GHGreductions. Technology and Energy Audits Applies to Police Headquarters Facility Only Proposer may be required to review designated HVAC: systems, evaluating the current use of our HVACSystems and what may have been changed ovbeen modified inour daily facility operation that impacts the effectiveness of the system. Proposer may review applicable building onntm| toohnn|ogios, suggest possible new strategies or technologies that could be implemented to enhance our current system, and consider what changes, enhancements and/or upgrades should bomade tofacilitate our future plans. |naddition, recommendations should bemade about adding and/or modifying app|icuUonu, nenuom, points pona|e and/or software where needed to improve building operation and performance. Proposer may interface with the |oom| utility provider to determine possible incentives and rebates. Once the review iocompleted, awritten report ofthe findings and recommendations may berequested. HVAC EQUIPMENT LIST POLICE DEPARTMENT HEADQUARTERS (Maintenance & Repairs for this facility) 60 Civic Center Plaza Air handlers: 21 Gravity Roof Vents:15 Small recirculating pumps: 18 Chillers: 2 reducer York Model YTH|J3E2CRG Building Boilers: 2 Exhaust fans:52 Large water pumps: 24 Cooling towers: 2 Marley Twin w/20HP Motor & gear Water booster system pumps: 3 A/C units: 8 City Council ;&m6mpj32 3/16/2021 &oouy; Bryan Model RV4504W'FDG4WXL3.800.000K4GH(1995 Water heater boilers: 4 (Evidence) 2 -N1ode| 1250N GOOATP'PN 1.008.000 BTUAHR 2-Model 15UON15O0ATP-PV|1.2O0.00OBTU/HR |TSemerRoom-AirConditioningUnits 1—Liebert-Model VEZ45A'AAM8er3O71Q3-UO1 Kitchen) 1—Liebert—Model CDF308LARemote Condenser Ser0400010O 2—DotaAins—Model DTVVV-O5S2A/C Units 911 Dispatch Center 1 —YorkAirHand|ar Model D2CE240E03646ECC with two (2) compressors and heating Large Walk-in Freezers: 8 3-Model LAHA'O32ElAD'10O 3'KolpekAEGG28UB(Jail Kitchen) Large Refrigerators: 4 1 - Model K55H|JZF(Evidence) 3'Ko|pokCold Zone (Jail Variable Frequency Drives: 46 NOTE: York Rotary Chiller YGCBCAS1-CHk\was decommissioned and does not require any Repairs as needed — for these facilities ' Time & Materials Only CITY HALL 20Civic Center Plaza Air Handler #11-0bFloor Cond#1 Air Handler #10-7thFloor Cond#2 Air Handler #0g-6thFloor Fluid cooler for Liobert Air Handler #O8-5thFloor Exhaust unit Air Handler #O7-4thFloor Chiller ' AVM Condenser Air Handier #O6-3odFloor Raotmomexhauat Air Handier #O4-2ndFloor Fluid cooler for Data Center Air Handier #O1-1atFloor Exhaust Air Handier #02—1st Floor Mezzanine Air Compressor #1 Air Handler #OS — Council Chambers Air Compressor #2 Air Handlers — Basement Data Rooms 1&2 Hot Water Pump Chilled Water Pump #1 Flash Tank Chilled Water Pump #2 Roof Exhaust Units (3) ROSS ANNEX Trane box car units: 3 Hot Water Pump: 1 Ajax Boiler: 1 Exhaust Fan Split Systems: 4 CENTRAL LIBRARY 26 Civic Center Plaza Air Handler #O1—Basement ChiUedVVabsPump-baoement Air Handier #U2—Basement HotVVaterPump-baoement Air Handler #O3-1mtFloor Chi|dmn'oArea Rooftop exhaust units Basement exhaust City Council ;&m6mpj33 3/16/2021 &oouy; COGPORATONYARO-ADM|N 22DDaisy St. 5O-TonRooftop HVAC: 1 RAPACBoiler: 1 5-TonRooftop HVAC:2 Return Fan Hot Water Pumps: 2 Split Systems: S FLEET OPERATIONS 216 Center St. 1O-TonIce Bear: 1 Supply Fans: 4 Exhaust Fans 3-TonPackage Units: 3 STORES WAREHOUSE 1O-TonPackage Units: 2 Exhaust Fans: 4 NEVVHOPEUBRARY 122NewhopoStreet 3O-TonCarrier Package Unit: 1 Split System MCFADDENLEARNING CENTER 2G27VKMcFadden Ave. 15-TonTranoPackage Units: 2 Split System GANTA AN|TACENTER 3U0S.Figueroa St. 3-TmnCarrier Package Unit: 1 Split System SANTAAN4SENIOR CENTER 424 W. Third St. 35-TnnPackage Unit: 1 Roof Top Unit SOUTHWEST SENIOR CENTER 2301VV.McFadden Ave. 4-TonPackage Units: G Split System City Council ;&m6mpj34 3/16/2021 &oouy; CORBNCENTER 2215 W. McFadden Ave. 2-TonPackage Units: 5 5-TonPackage Units: 2 Split System JEROME CENTER 72GS.Center St. 4-TonPackage Units: 5 Split System ELSALVADOR CENTER 1826VKCivic Center Dr. 3'TonPackage Units: 7 4-TnnPackage Units: 2 1-Ton Package Unit: 1 Split System SANTAANAREGIONAL TRANSPORTATION CENTER 1O80VV.Santa Ana Blvd. i57-TonChiller Unit: 1 Chiller Air Handlers: 57 GRAND CENTRAL ART CENTER 125N.Broadway 100-TonChiller Unit: 1 Chiller Air Handlers: 55 City Council ;&m6mpj35 3/16/2021 &oouy; F. M. THOMAS AIR CONDITIONING, INC. Contractor's License # 313574 231 Gemini Avenue, Brea, CA 92821 (800)660-0891 FAX(714)738-0886 (714)738-1062 December 7, 2020 City of Santa Ana Public Works 20 Civic Center Plaza Santa Ana, Ca 92701 Attn: Phil Neff LETTER OF INTRODUCTION Thank you for considering F.M, Thomas Air Conditioning for your service needs. We have been in business for over 46 years and have factory certified technicians on all makes and models. F.M. Thomas has been working with the City in one capacity or the other for the past 20 years. We have successfully completed a number of formal and informal projects. Our methodology and thorough service procedures have created the following value to the City and have allowed up to maintain very positive relationships with City staff. • We provide Journeyman technicians to conduct the maintenance, rather than tradesmen. These technicians have 10+ years of experience and have the knowledge to recognize issues and potential issues and resolve them immediately. • Service issues are immediately brought to the attention of City staff; allowing for discussions and quotes to make the necessary repairs • Other issues, outside of HVAC, are brought to the attention of City staff to minimize cost and loss of service to the City. These items include clogged roof drains, water leaks into the building, loose electrical connections, and broken doors/hatches. • Maintenance tasks are promptly completed as scheduled • Multiple journeymen are assigned to the City who have a broad range of qualifications, including the following certifications: NATE, NCI, Daiken, Honeywell, Johnson FX Controls, and Allen Brady/Danfoss/Yasakawa drives. • Strong working relationship with RSD/Johnson FX, ensuring that controls issues we cannot resolve in house will be resolved with the same urgency as if we were doing it. • Our long-term relationship with the City allows for our internal staff, including our dispatcher and project manager, to correctly assign technicians based upon need and to follow all of the City rules and procedures correctly the first time. • No OSHA/safety violations or City policy violations We are a full -service air-conditioning company with the ability to service complex systems, service DDC / pneumatic controls, replace ductwork/piping, retrofit existing systems, and replace systems with our own forces. &nbsp; City Council &nbsp;27 &ndash;&nbsp;136 3/16/2021 &nbsp; • Air conditioning service, repairs and planned maintenance. • Replacement of HVAC equipment and control systems. • Extended warranty on air conditioning equipment. Additionally, we have service agreements with some of the largest clients in Southern California, C, including the Los Angeles City General Services Division, LA Unified School District, City of Downey, City of Huntington Park, City of La Mirada, El Monte Union High School District, and Anaheim Union High School District. We are fully compliant with DIR and City certified payroll requirements. We have the following contractor licenses: B, C-4, C-20, and C-38 We are a licensed General Contractor and can handle prime contract HVAC related work. Please see our website for more information about the company. www.fiiittionias.com. • Honeywell controls authorized Contractor. • Carrier CCN and I-Vu Certified Integrator. • Licensed and bonded up to $2.5 million per job. Our lead technicians are all Journeymen with 10+ years of experience. They have training and experience with Screw and centrifugal chillers, multi -stack chillers, VFDs, cooling towers, large packaged equipment, boilers, pumps, and variable flow split systems. Additionally, they have been full time lead technicians for the past 5 years and has managed other large public facilities, such as the City of Huntington Park, the City of La Mirada, and Huntington Beach School District. I am your administrative point of contact. I have worked at F.M. Thomas for the past 46 years and am currently the President of the company. I oversee large account management (companywide) and deal with a?ariety of issues, from initial kick off meetings, site walk through and surveys, billing di'putes, and monthly meetings. If you have any questio s, case feel free to give me a call. Sincerelv-_-) Thomas Feyka, Pfe Ent I Toll Free (800)t660,r/01891 &nbsp; City Council &nbsp;27 &ndash;&nbsp; 137 3/16/2021 &nbsp; F. M. THOMAS AIR CONDITIONING, INC. Contractor's License # 313574 231 Gemini Avenue, Brea, CA 92821 (800)660-0891 FAX(714)738-0886 (714)738-1062 December 7, 2020 City of Santa Ana Public Works 20 Civic Center Plaza Santa Ana, Ca 92701 Attn: Phil Neff METHOD OF APPROACH Ref, RFQ 20-134 HVAC Service, maintenance, and repairs Phil Neff, F.M. Thomas Air Conditioning, Inc. is in a unique position to provide HVAC Maintenance and Repair for The City. As a contractor that has bene doing business with the City for the past 20 years, we also have established routines, service procedures, and access points allowing for successful outcomes. Most of our technicians have been with our company for over 20+ years and can work on equipment ranging from package units and split systems to chillers, air handlers and Johnson FX systems. We currently have 20 technicians who can respond to your job sites for emergency and non -emergency service calls. We are a class B general contractor with additional licenses in C-20 Heating, Ventilation and Air Conditioning, C- 4 Boilers, as well as in C-38 Refrigeration. Our technicians are all factory certified and receive ongoing training to ensure that they perform to the highest levels of customer satisfaction. Additionally, our technicians bring their work vehicles home with them each night; our response time to emergency and non - emergency situations is outstanding because we are able to respond to calls in a timely fashion, Emergency calls are responded to within 2 hours, which is within your range of needed service. Our dispatcher is a former service technician of 19 years and has an intimate knowledge of the types of maintenance and service issues that occur with the City. Due to his knowledge, he can evaluate the trouble call request and dispatch the proper technician to the call. During normal working hours (Monday through Friday, 7:00 am to 3:30pm), he is able to dispatch a technician to any of your job sites. During off hours, we also have an answering service which alerts our on -call technicians to respond immediately, &nbsp; City Council &nbsp;27 &ndash;&nbsp; 138 3/16/2021 &nbsp; All contracts and accounts are additionally serviced by an Account Manager and our Sales Manager, Tom Feyka, who has been with the company for over 40 years and has nearly 50 years of experience in the HVAC industry. Per the scope of work, we will have the proper technician visit the job site on an as - needed basis to perform the necessary items listed to properly check your heating, ventilation and air conditioning services to keep them operating at optimal conditions. Additionally, we will abide by the scope of work and provide proper documentation noting the conditions of your units, and any repairs that may be necessary. If a written estimate for repairs is required, or the work needs to be bid on, our technician(s) will work with the Account Manager and Sales Manager to provide the District with a quotation for repairs and/or replacement. Standard Procedures: 1. Implementation — A superintendent, Foreman, and Lead technician are assigned to your account. (See Org chart). We conduct a job start meeting prior to the contract start and routine follow up meeting to ensure expectations and outcomes are being achieved. The technician are assigned primary responsibility for the outcome of the services, which provides accountability to the City and FM Thomas. a. Provide supervisors with schedules, completion dates, and recommended repairs b. Provide City staff with proposals for minor repairs (under $1,000) c. Identify tasks and deliverables 2. Defined schedule of services - Per the City's schedule of services, our dispatcher and project manager will develop a work schedule. This schedule will be discussed and periodically reviewed with the lead technician(s) 3. Supervision - A qualified journeyman will be assigned your account. He will be tasked with routinely doing supervisor walks of the properties each month as maintenance is completed. This allows us to proactively identify items of concern before they become emergencies 4. Client Satisfaction — F.M. Thomas already understands the needs of the City due to 20 years of service. We understand the schedules and expectations of different members of the City staff, including Tung, Nick, and Howard and they understand the capabilities of our lead technicians, James Pelkey and Jim Vandie. 5. Needs from the City — Due to our long service history, we only need a few items from the city. a. Keys to all appropriate buildings b. Schedules of operation c. Any access restrictions per building 6. Proactive maintenance — We look for key indicators of future service problems when completing maintenance. Recommendations are made to repair/replace &nbsp; City Council &nbsp;27 &ndash;&nbsp; 139 3/16/2021 &nbsp; these items in order to prevent future down time These items include, but are not limited to, the following: a. Check amperages of motors b. Check temperature splits (should always be 20 degrees for DX equipment) c. Verify the system has the factory charge d. Check contactors e. Verify thermostats are calibrated and programmed correctly f Check air flow across coils and wash coils if needed g. Verify the volume of air produced is being received at the grilles and at the correct temperatures (for example a 5 ton system produces 1950 cfm at 55 degrees) h. Check TXV and filter driers for obstructions and replace as needed i. Check for leaks (condensate, oil, lubricants) j. Keep the job site clean. Having an orderly and unobstructed view of the systems allows for problems to present themselves more easily and demonstrates the quality of services provided, k. Check belt condition, tensions and adjustment of pulleys 1. Replace filter quarterly and check air flow across filters for obstructions 7. Communication — It is key to have a good relationship with the facilities manager. By having weekly discussions of current activities and monthly review meetings, the facilities manager is able to understand and justify why certain repairs need to be done, Innovative and creative approaches — We have identified some of the cost saving measures at the City to ensure efficient operation. a. Salt air conditions lead to degradation and blocking of condenser coils. Ensuring the coils are clean and air flow thru the coils is accurate is key to maintaining the correct 20-degree delta T b. Tighten electrical connections at each service. This will mitigate nuisance calls and inefficient use of electricity c. Identify and repair minor water and refrigerant leaks. This will mitigate compressor/ fan motor failures and water damage issues to the roof. d. Replace old disconnects and contactors to reduce the potential of damage and injury to equipment and staff e. Clean out roof drains to minimize water leaks/damage to the roof If you have any quIestions regarding our procedures or the above work plan, please do not hesitate to dontact K Thomas &nbsp; City Council &nbsp;27 &ndash;&nbsp; 140 3/16/2021 &nbsp; 5351.2 1.3 CORPORATE ORGANIZATIONAL CHART 1.3 Present an organization chart showing the key personnel for the project. Provide resumes of key personnel showing education, work experience and other credentials appropriate to performing the services. F.M.omas Air Con' 'n'Jn&,nc,- Th, i l,o' Tho T k ' Tas ey a,',Preshd,ent HVACSe rvice Field Technician William Hermann Mickey Cobb Journeyman HVAC Technician December 7, 2020 Hydronic systems . THOMAS AIR CONDITIONING, INC. &nbsp; City Council &nbsp;27 &ndash;&nbsp; 141 3/16/2021 &nbsp; F.M. THOMAS AIR CONDITIONING, INC. YOUR COMMERCIAL SERVICE & CONTROLS SPECIALISTS ... Since 1974 Contractor License #313574 Tel. 800.660.0891 Fax: 714.738.0886 www.fmthomas.com DIR #1000003383 BACKGROUND AND PROJECT SUMMARY City of Santa Ana — How we do business DATE: December 7, 2020 TO: Phil Neff FROM: Thomas Feyka RE: RFP No. 20-134 HVAC Maintenance and Repairs The intent and purpose of this document is to outline our understanding of HVAC maintenance contracts, provide the City with background information on F.M. Thomas Air Conditioning, and additional qualifications that demonstrate our ability to service The City of Santa Ana, F.M. Thomas Air Conditioning has been a public works contractor for 46 years and has extensive experience in Campus / City wide service contracts. F.M. Thomas Air Conditioning has been working with the City for the past 20 years. • Factory trained and knowledgeable Journeyman technicians capable of making all necessary repairs • Same day response for emergencies and next day response for non -emergencies. • Implementation of an organized and well -coordinated service plan to ensure timely and accurate service on all HVAC equipment as per the schedule • Excellent communication between F.M. Thomas and City representatives • Monthly meetings to discuss services completed and recommendations to maintain equipment • Detailed service records and trending analysis • No safety or health violations recorded, • Strict Adherence to prevailing wages and apprenticeship requirements F. M. Thomas Corporate Office Location 1 231 Gemini Avenue, Brea, CA 92821 1 Phone: 714.738.1062 Coachella Valley 1 46-660 Washington Suite 1, La Quinta, CA 92253 1 Phone: 760.564.6060 &nbsp; City Council &nbsp;27 &ndash;&nbsp; 142 3/16/2021 &nbsp; Understanding of Service Agreement: We recommend monthly, quarterly, semi-annual and annual maintenance services per ASHRAE 180 and the City service standard procedures. These include common activities, such as checking pressure drops across filters, washing coils, monthly chemical treatment (closed loop), annual refrigerant leak inspections, tightening electrical connections, verifying good operation of thermostats and control devices, replacing belts annually, lubrication of bearings, dampers, and linkages, checking sight glasses, and inspection for cleanliness of condenser tubes, condenser coils, and running systems in heating and cooling modes to verify good operation. The end goal is to provide the City with factory level maintenance and to regularly report unscheduled repairs so that action can be taken to make the corrections. We routinely replace minor components as per the contract to mitigate larger scale repairs. Typical components include contactors, capacitors, belts, transformers, and fuses. We agree with the City assessment of maintenance procedures and intend to follow them as per below: SCOPE OF WORK 1. General Requirements F.M. Thomas Air Conditioning shall provide all labor and materials necessary to provide four (12) scheduled operational inspections including an annual shutdown inspection and service on each piece of equipment to be performed in April/May of each year. All inspections and preventive maintenance service shall be performed in accordance with manufacturer recommendations and specifications. F.M. Thomas Air Conditioning shall also provide parts and labor for emergency repairs at the contract rate. 1.1.1 Equipment F.M. Thomas Air Conditioning shall inspect all major system components quarterly (or as required) and perform scheduled preventive maintenance per manufacturer specifications and recommendations. This shall include, but not be limited to the items listed in the City Attached specifications. a. Please note that repairs recommended due to maintenance specific items shall be handled on a separate time and materials agreement. 1.1.2 Parts Parts used in Quarterly and Annual inspections (or as required) shall be included at no additional charge a. Please note that repairs recommended due to maintenance specific items shall be handled on a separate time and materials agreement. 1.1.3 Work Plan F.M. Thomas Air Conditioning shall provide a complete work plan to ensure all requirements of the contract are accomplished as specified. The work plan shall include, but not be limited to monthly, Quarterly and annual checklists (or as required) and an emergency response plan including a guaranteed response time. (I hours for critical systems and 2-4 hours for after hour's emergencies) F. M. Thomas Corporate Office Location 1 231 Gemini Avenue, Brea, CA 92821 1 Phone: 714,738.1062 Coachella Valley 1 46-660 Washington Suite 1, La Quinta, CA 92253 1 Phone: 760.564.6060 &nbsp; City Council &nbsp;27 &ndash;&nbsp; 143 3/16/2021 &nbsp; 1.1.4 Security On site personnel shall wear a uniform bearing the company name while in the building. On site personnel shall sign the logbook located in the main lobby each time they enter or leave the building. Keys can be checked out at the main lobby desk and must be returned when leaving the premises. 1.1.5 S afety F.M. Thomas Air Conditioning shall observe and compel its employees to observe and exercise all necessary caution and discretion to avoid injury to persons or damage to property of any kind, F.M. Thomas Air Conditioning shall be responsible for compliance with all OSHA, EPA, AQMD and other state, federal and local laws. F.M. Thomas Air Conditioning shall maintain MSDS sheets for all chemicals used. a) Safety procedures specific to the City, including, but not limited to, vests, hard hats, steel toed boots, gantry's, Are flash suites, lockout/tagout, and HEPA carts shall be used/followed without exception as appropriate. 1.1.6 Damage In the event of damage to City property as a result of F.M. Thomas Air Conditioning's operations, the City will perform the necessary repairs and deduct the cost from subsequent payments to the F.M. Thomas Air Conditioning. 1.1.7 Emergency Repairs a. F.M. Thomas Air Conditioning shall guarantee a maximum four (4) hour response time for emergency service calls, seven (7) days a week, twenty-four (24) hours a day, including holidays. b. Labor and parts shall be billed at the rate specified on the price sheet. c. If parts are not immediately available or the work cannot be performed at that time, F,M, Thomas Air Conditioning shall do everything possible to expedite delivery and/or discuss alternatives with the Facilities Manager. d. F.M. Thomas Air Conditioning shall maintain good working relationships with equipment manufacturers, suppliers and sub -contractors needed to fulfill the contract requirements. ABOUT F.M. THOMAS AIR CONDITIONING About F.M. Thomas Air Conditioning: F.M. Thomas Air Conditioning has been in continuous business with the same owners for 45 years. We specialize in public works HVAC service, repair, and retrofit. We have staff and systems in place to handle common issues such as administrative paperwork, certified payroll, monthly billings, and technical meetings with City staff. Our technical staff regularly participates in technical training classes and is fully versed in repair and maintenance of packaged, applied/built up, and DDC controls. Our typical response time for service calls is same day or next day. We have other accounts in Orange County and can typically respond within 2-4 hours. Our call back rate for the past 10 years has been less than 1% of our total service volume. M. Thomas Corporate Office Location 1 231 Gemini Avenue, Brea, CA 92821 1 Phone: 714.738,1062 Coachella Valley 1 46-660 Washington Suite 1, La Quinta, CA 92253 kNone: 760.564.6060 sp; City Council &nbsp;27 &ndash;&nbsp; 144 3/16/2021 &nbsp; Resumes of supervisors Tom Feyka - President Forty-six years of industry experience. Founding owner of F.M. Thomas Air Conditioning, Inc. President for thirty-eight years. • Education: AA degree from Los Angeles Trade Technical College, 45 class credits from business school at East Los Angeles Community college. Numerous factory technical schools. • Business Beliefs: Management — provide recognition of technical, sales and office staff. Create a learning opportunity to maintain technical leadership in our industry, encourage and direct policy to insure customer satisfaction, cost awareness, professional attitude, safety, quality workmanship and profitability. • Monitor: F.M. Thomas controller provides weekly financial performance work sheets compared to budget, bi- weekly sales/financial meetings to evaluate performance, monthly supervisor meetings to update field matters and better understand the effect of F.M. Thomas policies. • Modify: Objective adjustment(s) to F.M. Thomas budgets/goals when feedback indicates revision is necessary. Seek outside input from banker, bonding agent, CPA, insurance as reference data to move forward with changes as economy improves or declines. Larry Margie - Field Supervisor Thirty-one years in commercial HVAC as field technician, overhaul mechanic and troubleshooter. Larry has attended factory training classes from McQuay, York, Carrier and Trane equipment manufacturers. He is also qualified to work on Absorber chillers, refrigeration machines, and clean room applications. James Pelkey — Journeyman Mechanic. Twenty-five years in commercial HVAC as field technician, overhaul mechanic and troubleshooter. James is NATE certified, TAB certified (air balance), Daiken, Honeywell, Fujitsu and certified by Edison as a qualified energy services technician. He has a strong background in optimizing the energy consumption of systems through fine tuning of HVAC systems (air side and refrigeration side). Tyrone Tucker - Controls Specialist Twenty years as a Controls Specialist, expert service, design and commissioning of Niagara 4 and Johnson FX controls systems. Randy Detwiler - Field Supervisor Thirty-eight years in commercial HVAC as field technician, overhaul mechanic and troubleshooter. Randy has attended factory training classes from York, Carrier and Trane equipment manufacturers. He is also a certified Turbocor technician and Carrier CCN controls technician. Randy is responsible for project work that is installed and delivers the promises made to our clients. Donald Gonzales — Manager, Shectmetal Estimator Twenty-two years in commercial HVAC as a sheetmetal Estimator. Don is responsible for application and estimation of design and spec work. Don is also familiar with large package units, fan coils and split systems F. M. Thomas Corporate Office Location 1 231 Gemini Avenue, Brea, CA 92821 1 Phone: 714.738.1062 Coachella Valley 1 46-660 Washington Suite 1, La Quinta, CA 92253 1 Phone: 760.564.6060 &nbsp; City Council &nbsp;27 &ndash;&nbsp; 145 3/16/2021 &nbsp; for any type of installation. Don has worked in hospitals, schools, police and fire departments as well as other types of commercial and industrial buildings. Michael Feyka — Business Development/Sales Manager Graduate of Tulane University with a Bachelor of Science degree in business and finance. Michael has developed and coordinated software systems for marketing & sales as well as directing the Marketing Dept. Michael interacts with clients developing quotations involving HVAC service and retrofit of older systems. 0 Ron Outhier — Project Management Thirty-one years in the commercial HVAC industry with extensive administrative/project management of HVAC construction projects. He is also an Instructor for Sheetmetal Apprenticeships. Thank you again for consider�'g F.M. Thomas Air Conditioning for your service needs. Attached are some 0 support documents whit fug her detail our company and abilities to service your account. Sincez,vi F F. M. Thomas Corporate Office Location 1 231 Gemini Avenue, Brea, CA 92821 1 Phone: 714.738.1062 Coachella Valley 1 46-660 Washington Suite 1, La Quinta, CA 92253 1 Phone: 760.564.6060 &nbsp; City Council &nbsp;27 &ndash;&nbsp; 146 3/16/2021 &nbsp; EXHIBIT B Page 10 of 10 &nbsp; City Council &nbsp;27 &ndash;&nbsp;147 3/16/2021 &nbsp; EXHIBIT J CITY QFSANlAANA REQUEST FOR PROPOSALS 2O-134FOR FACILITY HVACSERVICE, MAINTENANCE AND REPAIRS AT VARIOUS CITY FACILITIES RFP PR )POSAL PRICING LIST Provide Maintenance & Repair Services: Per Scope of Specific Services (Pages 12-18) and Time and Materials Only For work performed during regular business hours (Mon-Fh7:OOamho5:OOpm) Journeyman Chiller Mechanic ......... ............ Apprentice Chiller Mechanic .... —............. Balancing Tenhnician—.........Materials Markup Percentage %-20.00 ....................... Base price source: wholesale (MSRP, Wholesale, Dealer, Jobber) Company Name: F.M Thomas Air Conditioning, Inc. COMMENTS )R EXCEPTIONS: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. CONTRACTOR AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 16th day of March, 2021 by and between South Coast Mechanical ("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"). RFC 1TAT,C A. The City desires to retain a contractor to provide heating, ventilation, air conditioning (HVAC) repair services, including emergency call out services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting film 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. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Contractor is one of five Contractors selected to provide HVAC repair services. The total aggregate amount, among the five contractors, shall not exceed the shared aggregate amount of $575,000 annually during the term of this agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. City Council 27 — 149 MOP f" 3. TERM This Agreement shall commence on April 1, 2021 for a three '3) year term with the option for the City to grant up to two 2 one 1 ear renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 10 City Council 27 — 150 3/16/2021 7® INSURANCE C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. or to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $ 1,000,000 per accident, d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant tothis section: i. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insuraces all be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Contractor shall supply City with a fully executed additional insured Page 3 of 10 City Council 27-151 3/16/2021 endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by Page 4 of 10 City Council 27 — 152 3/16/2021 law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in Page 5 of 10 City Council 27 — 153 3/16/2021 addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 6 of 10 City Council 27 — 154 3/16/2021 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 71- 647-5635 Page 7 of 10 City Council 27 — 155 3/16/2021 To Contractor: South Coast Mechanical Attn: Gabe Ordaz, Account Executive 800 E. Orangethorpe Ave Anaheim, CA 92801 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By............... Jose Montoya Deputy City Attorney Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR: Ga. Ordaz Account Executive Page 8 of 10 City Council 27 — 156 3/16/2021 EXHIBIT A City Council 27 — 157 3/16/2021 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS 20-134 FOR FACILITY HVAC SERVICE, MAINTENANCE AND REPAIRS AT VARIOUS CITY FACILITIES SCOPE OF SERVICES & SPECIFICATIONS General Information The Contractor shall retain professional personnel who have successfully and competently provided municipal facility HVAC repair services on projects of similar scope and complexity. It shall be the Contractor's responsibility to provide as required by the City a competitive hourly rate for repairs and service of all aspects of HVAC systems in City defined facilities. All requested HVAC repairs / service shall be provided in accordance with the highest standards of the industry, skill, workmanship, applicable trade practices, meet warranties and in conformance to all applicable laws, codes and regulations. The successful Proposer's maintenance and repairs program for the Police Department Headquarters, and repairs as needed program for all facilities shall, at a minimum, include but not be limited to the specifications outlined herein. Services to be Provided It is the Proposer's responsibility to provide service proposals as required of HVAC trades, central plant chiller systems, air handlers, and automation systems as needed, and all requested services are to be compliant with all Federal, State, CARE, AQMD, OSHA and all other applicable regulatory requirements. Pricina Tabulation Sheets Prices as stated on the RFP 20-134 Pricing Sheet (Page 39) shall be for HVAC maintenance at the Police Department Headquarters only, and for repairs as needed at all facilities. HVAC Retwair Staffin The Contractor shall provide staffing levels sufficient to provide a high level of customer service, program support, HVAC maintenance and repair at designated City facilities as required: Staffing should include staff certified and proficient in the complete maintenance and repair of Centrifugal Chiller systems, air handlers, pneumatic and DDC systems, walk in refrigerators and freezers, and a variety of package HVAC units. Additionally, service levels shall provide the capacity to respond expeditiously to situations involving the health and safety of employees and/or the public; comfort and operational capability of any public meeting space. Routine repairs, service requests or other non -urgent tasks shall be completed by journey level staff. The journey -level worker(s) shall be proficient in the following trades: • All mechanical, electronic and pneumatic aspects of chilled water systems • Centrifugal chiller systems • VFD drives • Air handling systems • The interface and control of HVAC control systems • Walk in refrigerators / freezers / evidence freezers Billable Work All requested work shall be considered billable hours and will require that a competitive estimate for that proposed work be provided to the City Representative for consideration and approval prior to work being completed. City Council 27 — 158 3/16/2021 Contractor is required to provide security checks for all personnel assigned to work under this contract. Security checks will be coordinated through Santa Ana Police Department. Additional checks will be required for all new employees during the lifetime of the contract and all expenses shall be borne exclusively by the contractor. The City reserves the right to approve/refuse any prospective employees of the contractor as a result of the background check. The following information must be provided to the City Representative no less than 30 days prior to any employee's start of work: ?. Full Legal Name b. Social Security Number c. California Driver's License or ID Number I. Birth Date e ;,. Current Valid Address Damages The Contractor will be responsible for all damages to the facility or contents caused by Contractor, their staff, or by subcontractors during the performance of this contract. The contractor shall furnish and maintain all equipment necessary for properly service HVAC systems ir City buildings. The City of Santa Ana reserves the right to inspect equipment to be used to perform services under this contract. Failure to provide regulatory compliant equipment for carrying out all requirements of this contract may be grounds for termination of the contract. 14"'IMLIM1113", , IMMA 0 I W6�1 through the use of a computer/modem to alleviate the source of complaint. MI 111101 U11140 ULdu I an MONITORING AS REQUIRED Contractor may be required to respond to indoor temperature complaints and provide expeditious correction and record complaints and corrections at all City facilities. Contractor shall be proficient in HVAC control systems. Contractor may be required to inspect all HVAC systems at least twice each year, with seasonal start- up and run inspections performed and documented. Contractor may be required to provide oversight and documentation of Seasonal Preventative 4 *VW *A -sZ.P0*2k�O.- Proposer. Contractor may be requested to perform the following services: For cooling towers - may be required to disassemble screens and access panels for inspection, inspect the tower fill, support structure, sump and spray nozzles, fill valve, gear box, drive coupling, fan blades, and motor bearings, clean starter and cabinet, inspect wiring, check motor starter contacts for wear and proper operation, megger test the motor and log readings, and check the condition of the contactor; and log observations. For pumps - may be required to lubricate bearings, inspect couplings, check for leaks, and City Council 27-159 3/16/2021 investigate unusual noises. • Contractor may be required to perform air -handling unit maintenance and repair which includes but is not limited to; all services recommended by manufacturer. Additional Contractor Requirements • Contractor shall show evidence of presently serving other municipal customers. • Contractor shall hold current C10 and C20 licenses. • Contractor shall provide HVAC employees that; possess a State of California Joint Journeyman Apprentice Training Center Certification; Automation Specialists that are continually factory trained on Automation System, and must be able to provide monthly operator coaching of select personnel, certified in servicing Centrifugal Chillers and Allen Bradley, ABB Drives. • Contractor shall provide the City with full-time journeyman -level mechanical personnel and factory -trained automation specialists. • Service specialists and technicians shall normally be dispatched from a local headquarters or branch within a 20-mile radius from the City Boundary line of the City of Santa Ana as defined in the most current Thomas Guide Map. • Contractor may be required to provide HVAC data protection and recovery services, control loop tuning for the City's automation system. • Contractor shall provide emergency access 24 hours a day, 7 days a week. For Johnson Controls, contractor must be available by phone during normal business hours for consultation and emergency assistance. • Contractor shall supply their staff with their agency uniform and photo identification tags that will be worn at all times. Uniforms shall display the Contractor logo, and employee first or last name shall be clearly visible. • Contractor shall provide MSDS sheets to City in a complete "Right to Know" binder for all products used in City facilities. City will determine location of "Right to Know" books. City Council 27 — 160 3/16/2021 SPECIFIC SERVICES — ALL Periodic Maintenance Applies to Police Head uarters Facilit Only Maintenance as Requested Proposer may be required to perform preventive maintenance in accordance with a program of standard routines as determined by your experience, equipment application, and equipment operating hours that are recommended by each equipment manufacturer and location. This service is designed to optimize the reliability and efficiency of the equipment, extend the useful life of the City's equipment, and provide proactive indications of excessive wear and damage to HVAC systems before a catastrophic failure occurs during the next operating season. Proposer will also provide recommendations for additional service(s) that will better enhance equipment performance. Air Cooled Condenser Coil Cleaning The proposer may be required to p r o v i d e t h i s s e r v i c e t o improve airflow across condenser coils, improve heat transfer and extend the life of the compressors. Coil cleaning consists of cleaning the outside surface of the condensing unit coils to remove any airborne particles, dirt build-up by using a brush, high pressure air, chemical with low pressure wash or chemical with high pressure wash based on the condition of outside environment and coil accessibility. Evaporator Coil Cleaning Proposer may be required to clean air handling unitevaporator coils so as to improve air circulation in the air distribution system, and reduce dust and dirt that is in the system. Coils will be cleaned at a time that is mutually agreeable between the proposer and the City Representative. Coil cleaning consists of cleaning the surface of the evaporator coil to remove dust and dirt particles that have collected on the evaporator coil. Coils will be cleaned using a vacuum cleaner and/or other devices that facilitate the proper cleaning of the coil. Refrigerant Oil Analysis as Required Proposer may be required to perform Spectro-Chemical Refrigerant O it Analysis and trend oil condition that identifies contaminants and possible system malfunctions caused by wear of moving parts, such as bearings and shafts. This predictive wear analysis provides early identification of problems prior to them becoming unplanned and costly. Based on the oil analysis results, proposer will recommend when oil changes are needed, and may make other recommendations regarding the operation and maintenance of your chiller plant. This service reduces the amount of waste oil generated. Cooling Tower Drain & Refill as Required Proposer may be required to remove the condenser water from HVAC systems after the cooling season to prevent possible damage and expensive repairs caused by water freezing during winter months, and refill the system prior to spring start-up. The equipment included under this service is itemized in the HVAC Equipment List, Operating Inspection as Required Proposer may be required to provide this service to assure that mechanical equipment continues to operate efficiently with minimal operating disruptions during the operating season. Proposer City Council 27 — 161 3/16/2021 may be required to provide routine operating inspection(s) to check system performance in accordance with a program of standard routines as determined by our experience, the equipment manufacturer's published recommendations, equipment application, and location. This service will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation. Operating Inspection — Heating as Required The proposer may be required to provide this service to assure mechanical equipment continues to operate efficiently, safely and with minimal operating disruptions during the operating season. The City Representative will provide routine operating inspection(s) to check system performance in accordance with a program of standard routines as determined by our experience, the equipment manufacturer's published recommendations, equipment application, and location. This service will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation. Operating Inspection — Cooling as Required This service may be required to assure mechanical equipment continues to operate efficiently, safely and with have minimal operating disruptions during the operating season. Proposerwill provide routine operating inspection(s) to check system performance in accordance with a program of standard routines as recommended by the equipment manufacturer's published recommendations, equipment application, and location. This service will focus on equipment operation, fluid levels, operating and safety controls, and safe equipment operation. Equipment Tasking as Required The following tasks may be requested on an as needed basis. These tasks are designed to maintain the equipment in an optimum operating condition so that the equipment will operate reliably and efficiently. Reciprocating Compressors: 1. Perform annual Spectro-Chemical oil analysis test. 2. Preventive maintenance shall be performed as required. 3. Lock -out and Tag -out equipment as required. 4. Check all electrical wiring and connections and tighten as required. 5. Check starter contactor surfaces for wear as required. 6. Visually leak check compressor and associated refrigerant piping as required. 7. Clean exterior of compressor as required. 8. Check operation of crankcase heater as required. 9. Meg -ohm motor from starter and record as required. 10. Check and calibrate all safety and cut-out devices as required. 11. Check and adjust compressor capacity controls as required. 12. Check, calibrate and adjust all operational controls as required. Exhaust Fans: 1. Preventative Maintenance as required. 2. Lock -out and Tag -out equipment as required. 3. Check all electrical wiring and connections and tighten as required. 4. Check all motor starter contactor surfaces for wear as required. 5. Clean starter and electrical control enclosures as required. 6. Lubricate motor bearings and fan bearings as required. City Council 27 — 162 3/16/2021 7. Check exhaust fan belts for wear, replace as required. 8. Check belt tension and sheave alignment and adjust as required. 9. Inspect exhaust fan unit assembly as required. 10. Check all mounting hardware and tighten as required. Pneumatic Air Compressor: 1. Inspect unit, check for rust spots, oil leaks & general condition of unit as required. 2. Drain tank, check auto drain as required. 3. Check belt, adjust tension & sheave alignments, and replace belt as required. 4. Meg -ohm and record, as required. 5. Check starter wiring & contacts as required. 6. Check motor amperage & voltage as required. 7. Check intake air filter, replace as required. Air Handlers: 1. Provide four (4) quarterly inspections and maintenance for (21) Air Handlers. 2. Preventive maintenance as required. 3. Lock -out and Tag -out equipment as required. 4. Check starter contacts for excessive wear as needed. 5. Tighten all starter wire connections as required. 6. Check belts, adjust or replace as needed. 7. Check pulley sheave alignment, adjust as required. 8. Meg -Ohm motor and record annually. 9. Check fan motor(s) amps. 9. Clean and lubricate unit motor bearings and fan bearings. 10. Check operation of economy dampers. 11. Lubricate all dampers and linkages as necessary. 12. Check operation of static vane (if applicable) 13. Visually check all coils for leaks (Annually) 14. Check and record all coil delta T (Annually) 15. Inspect all mounting hardware, tighten as needed. Multi -zone Air Handlers: 911 Dispatch Area 1. Provide annual Preventive Maintenance Inspection on two (2) York Air Handlers. 2. Preventive maintenance as required. 3. Lock -out and Tag -out equipment as required. 4. Check fan motor amps as required. 5. Clean and lubricate components as required. 6. Check operation of economy dampers as required. 7. Check operation of static vane or dampers as required. 8. Check operation of zone dampers as required. 9. Check and adjust operating and safety controls as required. Package Chiller: 1. Lock -out and Tag -out equipment as required. 2. Check condenser / Barrel tubes as required. 3. Check Chiller barrel tube as required. 4. Check and record unit amp draw as required. 5. Check unit Voltage and Record as required. City Council 27 - 163 3/16/2021 6. Check unit pressures and record as required. Chiller with Reciprocating Compressors: 1. Provide annual vibration analysis for two (2) York Chillers. 2. Provide annual leak test for two (2) York Chillers. 3. Provide four (4) quarterly inspections and maintenance for two (2) York Chillers. 4. Provide chiller controls coolant for two (2) York Chillers 3. Visually inspect equipment condition and operation as required. 4. Check for unusual vibration, noise, excessive temperatures & refrigerant leaks as required. 5. Check unit voltage and record as required. 6. Check unit operate and records as required. 7. Check unit operating hours and record as required. 8. Check condenser pressure and record as required. 9. Check evaporator pressure and record as required. 10. Check oil sump sight glass as required. 11. Record chilled water inlet temperature. 12. Record chilled water outlet temperature as required. 13. Check condenser water inlet as required. 14. Check condenser water outlet temperature as required. 15. Check compressor starter contacts for abnormal wear as required. Variable Frequency Drive: 1. Check unit operation quarterly as required. 2. Check fault history report as required. 3. Check operation of manual bypass as required. 4. Verify drive signal increase and decrease as required. 5. Check and tighten all electrical connections as required. 6. Check starter contacts for wear as required. Computer Room Air Conditioning Units: 1. Check all electrical wiring and connection as required. 2. Check and replace filters as required. 3. Check all electrical wiring and connections; tighten as required. 4. Check starter contactor surfaces for wear as required. 5. Check compressor amps and record as required. 6. Check sight glass for moisture level as required. 7. Check operation of crankcase heater as required. 8. Lubricate condenser fan motor and fan bearings as required. 9. Check condition of condenser coil, clean as required. 10. Check belts for wear, replace as required. 11. Check and adjust compressor capacity controls as required. 12. Lubricate indoor fan motor and bearings as required. 13. Check humidifier for proper operation as required. Boilers: 1. Provide annual Preventive Maintenance Inspection on two (2) Bryan Boilers. 2. Provide annual Preventive Maintenance Inspection on four (4) Hot Water Boilers. 3. Check boilers for proper operation as required. City Council 27 - 164 3/16/2021 4. Check and use boiler viewport to check main burner flame as required. 5. Turn off and secure boiler as required. 6. Check boilers for any unusual noise or vibration as required. 7. Inspect gaskets for any signs of leaks as required. 8. Examine the venting system as required. 9. Remove and/or inspect gas pilot assembly, reinstall in accordance according to factory specifications and tolerances. 10. Check boiler circulating pumps for proper operation and lubricate as required. 11. Check flame safeguard control for pilot and main flame ignition as required. 12. Check operation of blower motor and circuitry as required. 13. Check operation of gas valves and vents as required. 14. Inspect and tighten all electrical connections as required 15. Check and adjust all boiler limit pressure controls and running interlocks as required. 16. Check operation and adjust low water controls as required. 17. Check burner, pilot and main flame ignition as required. 18. Check and oil combustion air fan as required. 19. Check expansion tank and site glass as required 20. Check and record all entering and leaving water temperatures and pressures as required. 21. The equipment room shall be left in the same clean condition as existed prior to start of the work. 22. Refer to equipment O&M manual for any maintenance clarifications. Cooling Tower: 1. Provide four (4) quarterly inspections and maintenance. 2. Preventive maintenance as required. 3. Lock -out and Tag -out equipment as required. 4. Check starter contacts for excessive wear as needed. 5. Tighten all starter wire connections. 6. Check gear reducer and couplings. 7. Meg -Ohm motor and VFD's. 8. Check fan balance and motor(s) amps. 9. Clean and lubricate unit motor bearings and fan blades. 10. Check operation of media and flow. 11. Lubricate all dampers and linkages as necessary. Chilled Water Pumps: 1. Check pump and motor operation. 2. Check fault history report as required. 3. Check and operate bypass valves. 4. Checks and verify strainers for optimum flow. 5. Check and tighten all electrical connections as required. 6. Check starter contacts for wear as required. 7. Check and record motor amp. 8. Lube and grease motor bearings as needed. Johnson Controls: 1. Inspect and repair NCU 1 to NCU 12 for optimum operations. 2. Inspect and repair as needed 21 air handler controls and 46 VFD. 3. Inspect all damper motors controls and set points. City Council 27 - 165 3/16/2021 4. Provide JCI parts as needed. 5. Check and calibrate all safety and cut-out devices as required. 6. Check and adjust programming as required. 7. Inspect Energy Management System (EMS) data base and adjust as needed. Shooting Range: 1. Perform annual air balancing per requirements. 2. Perform inspection and maintenance as required. 3. Lock -out and Tag -out equipment as required. 4. Check fan motor amps as required. 5. Clean and lubricate components as required. 6. Check operation of economy dampers as required. 7. Check operation of static vane or dampers as required. 8. Check operation of zone dampers as required. 9. Check and adjust operating and safety controls as required. Freezers and/or Refrigerators: 1. Check all operation, electrical, condensers, evaporators and refrigeration. 2. Check starter contactor surfaces for wear as required. 3. Check compressor amps and record as required. 4. Check sight glass for moisture level as required. 5. Check operation of crankcase heater as required. 6. Lubricate condenser fan motor and fan bearings as required. 7. Check condition of condenser coils, clean as required. 8. Check belts for wear, replace as required. 9. Check and adjust compressor capacity controls as required. 10. Lubricate indoor fan motor and bearings as required. HVAC SERVICES — Pneumatic Apgfies to Police Headquarters FacilftZ Only Preventive Maintenance as Required Proposer may be required to provide preventative maintenance on Pneumatic Air Compressors that responds to changes in mechanical component performance, building use, and climatic conditions. Service shall be in accordance with a program of standards as recommended by equipment manufacturers' recommendations. HVAC SERVICES - Water Treatment A lies to Police Head uarters Facilit On/ Water Treatment Services as Required Proposer may be required to provide Industrial water treatment to identify four main problem areas: scaling, corrosion, microbiological activity and disposal of residual wastewater. Water treatment services will extend equipment life, provide operational efficiency, minimize downtime and control water born disease such as Legionnaires' disease. HVAC SERVICES - Infrared Service A dies to Police Head uarters Facilit Onl Infrared Electric Panel Inspection as Required The infrared inspection may be requested as it is an important form of non-destructive testing that has become an indispensable predictive maintenance tool for electrical service panels. It shall be performed with a portable infrared imaging system; equipment that detects infrared energy City Council 27 — 166 3/16/2021 (heat) emitted from an object and displays it as a dynamic thermal image. Using the IEEE/ANSI Standard, this inspection aids in the evaluation of component temperatures. Proposer may be required to perform a biennial Infrared scan of main electrical panels. A detailed report will be provided upon completion of onsite scan. ENERGY SERVICES Applies to Police Head uarters Facilit Onl Energy Optimization Services As Required Proposer may be required to perform a benchmark analysis that compares a building's energy performance against industry -recognized benchmarks and provides facility owners and operators with an objective assessment of facility performance and a valuable starting point to identify and quantify the value of energy conservation efforts. Through the Benchmark Report, Proposer will create an energy baseline and obtain, if applicable, an ENERGY STAR Performance Rating utilizing Energy Star Portfolio Manager to generate a Statement of Energy Performance. This rating compares our building's performance against buildings of similar type and operating characteristics in similar climate zones. This report will provide key data points in addition to an ENERGY STAR Performance Rating including Energy Usage Intensity (EUI), Energy Cost Intensity (ECI), and the facility's Greenhouse Gas Emissions. In addition, Proposer may be required to conduct a detailed analysis of facility interval meter data, when available from site metering and/or the utility provider. This enables us to gain further insight into facility performance, and provide a snapshot report to help understand performance and pinpoint areas for operational efficiency. Based on current energy consumption and prices, Proposer energy analysis will suggest potential improvement measures and quantify the impact on energy usage, cost savings and GHG reductions. Technology and Energy Audits Applies to Police Head uarters Facility Only Proposer may be required to review designated HVAC systems, evaluating the current use of our HVAC Systems and what may have been changed or been modified in our daily facility operation that impacts the effectiveness of the system. Proposer may review applicable building control technologies, suggest possible new strategies or technologies that could be implemented to enhance our current system, and consider what changes, enhancements and/or upgrades should be made to facilitate our future plans. In addition, recommendations should be made about adding and/or modifying applications, sensors, points panels and/or software where needed to improve building operation and performance. Proposer may interface with the local utility provider to determine possible incentives and rebates. Once the review is completed, a written report of the findings and recommendations may be requested. HVAC EQUIPMENT LIST POLICE DEPARTMENT HEADQUARTERS (Maintenance & Repairs for this facility) 60 Civic Center Plaza Air handlers: 21 Gravity Roof Vents: 15 Small recirculating pumps: 16 Chillers: 2 reducer York Model YTHIJ3E2CRG Building Boilers: 2 Exhaust fans: 52 Large water pumps: 24 Cooling towers: 2 Marley Twin w/20HP Motor & gear Water booster system pumps: 3 A/C units: 8 City Council 27 — 167 3/16/2021 Bryan Model RV450-W-FDG-WXL 3,600,000 MGH (1995) Water heater boilers: 4 (Evidence) 2 - Model 1250 N 600 ATP-PVI 1,000,000 BTU/HR 2 - Model 1500 N 1500 ATP-PVI 1,200,000 BTU/HR IT Server Room - Air Conditioning Units 1 — Liebert - Model VEZ45A-AAM Ser: 307193-001 Kitchen) 1 — Liebert — Model CDF308LA Remote Condenser Ser: 94009100 2 — DataAire — Model DTWV-0532 A/C Units 911 Dispatch Center 1 — York Air Handler Model D2CE240E03646ECC with two (2) compressors and heating Large Walk-in Freezers: 6 3 - Model LAHA-032E-TAD-100 3 - Kolpak AE66280B (Jail Kitchen) Large Refrigerators: 4 1 - Model K55HIJZF (Evidence) 3 - Kolpak Cold Zone (Jail Variable Frequency Drives: 46 NOTE: York Rotary Chiller YSCBCAS1-CHA was decommissioned and does not require any attention. Repairs as needed — for these facilities - Time & Materials Only CITY HALL 20 Civic Center Plaza Air Handler #11 — 8th Floor Air Handler #10 — 7th Floor Air Handler #09 — 6th Floor Air Handler #08 — 5th Floor Air Handler #07 — 4th Floor Air Handler #06 — 3rd Floor Air Handler #04 — 2nd Floor Air Handler #01 — 1st Floor Air Handler #02 — 1 st Floor Mezzanine Air Handler #05 — Council Chambers Air Handlers — Basement Data Rooms 1 & 2 Chilled Water Pump #1 Chilled Water Pump #2 ROSS ANNEX Trane box car units: 3 Ajax Boiler: 1 Split Systems: 4 CENTRAL LIBRARY 26 Civic Center Plaza Air Handler #01 — Basement Air Handler #02 — Basement Air Handler #03 —1st Floor Children's Area Basement exhaust Cond #1 Cond #2 Fluid cooler for Liebert Exhaust unit Chiller - AVM Condenser Restroom exhaust Fluid cooler for Data Center Exhaust Air Compressor #1 Air Compressor #2 Hot Water Pump Flash Tank Roof Exhaust Units (3) Hot Water Pump: 1 Exhaust Fan Chilled Water Pump - basement Hot Water Pump - basement Rooftop exhaust units City Council 27 — 168 3/16/2021 CORPORATION YARD - ADMIN 220 Daisy St. 50-Ton Rooftop HVAC: 1 5-Ton Rooftop HVAC: 2 Hot Water Pumps: 2 FLEET OPERATIONS 215 Center St. 10-Ton Ice Bear: 1 Exhaust Fans STORES WAREHOUSE 10-Ton Package Units: 2 Exhaust Fans: 4 NEWHOPE LIBRARY 122 Newhope Street 30-Ton Carrier Package Unit: 1 Split System MCFADDEN LEARNING CENTER 2627 W. McFadden Ave. 15-Ton Trane Package Units: 2 Split System SANTA ANITA CENTER 300 S. Figueroa St. 3-Ton Carrier Package Unit: 1 Split System SANTA ANA SENIOR CENTER 424 W. Third St. 35-Ton Package Unit: 1 Roof Top Unit SOUTHWEST SENIOR CENTER 2201 W. McFadden Ave. 4-Ton Package Units: 6 Split System RAPAC Boiler: 1 Return Fan Split Systems: 6 Supply Fans: 4 3-Ton Package Units: 3 City Council 27 — 169 3/16/2021 CORBIN CENTER 2215 W. McFadden Ave. 2-Ton Package Units: 5 5-Ton Package Units: 2 Split System JEROME CENTER 726 S. Center St. 4-Ton Package Units: 5 Split System EL SALVADOR CENTER 1825 W. Civic Center Dr. 3-Ton Package Units: 7 4-Ton Package Units: 2 1-Ton Package Unit: 1 Split System SANTA ANA REGIONAL TRANSPORTATION CENTER 1000 W. Santa Ana Blvd. 157-Ton Chiller Unit: 1 Chiller Air Handlers: 57 GRAND CENTRAL ART CENTER 125 N. Broadway 100-Ton Chiller Unit: 1 Chiller Air Handlers: 55 City Council 27 — 170 3/16/2021 ecanical COVER LETTER City of Santa Ana Subject: (20-134) Police Facility — 60 Civic Center Plaza Dear Gabriela, South Coast Mechanical 2283 E. Via Burton Anaheim, California 92806 Main 877 738-66441 Fax 714 782-9641 Contractor's License No. 857144 www scfacilityservkes.com This letter is in response to the above referenced bid# number 20-134 is to state that South Coast Mechanical, Inc. clearly and absolutely meets and or exceeds the qualifications and Experience to perform the HVAC equipment replacement. South Coast Mechanical is completely committed to providing our customers with a quality job Installed on time. All our technicians are union certified Journeyman and Apprentices who undergo the most rigorous training during their careers and have continuing industry education to keep up with the latest advances and technologies. In fact, most of the Managers and Supervisors at South Coast Mechanical have the same union background and training and have previously worked for major manufacturers such as Carrier and JCl/York etc. As a member of the MCAA and MSCA and a customer of the manufacturers, we also enjoy a good relationship with all the major manufacturer's distributors and local factory support teams should we need it. We also currently are a qualified contractor and have performed projects for the City of Los Angeles Recreation and Parks, LALISD, Space X, as well as other major health care and pharmaceutical companies. Everyone here at South Coast Mechanical from our shipping department to our field startup personnel are committed to Delivering jobs on time. Because we are a service company first, we must be committed to taking care of our customers need in a timely manner when asked to jump we say how high with no exception. Many of our staff have over 30 years' experience working in the HVAC industry and have a total and complete commitment to customer service and satisfaction. Thank you for the opportunity. Sincerely, Joe Bucci Gabe Ordaz Account Executives South Coast Mechanical City Council 27 — 171 3/16/2021 je,SCFS A1erLamc�t • 19ectruxl-Plumhiag Implementation Plan SUBJECT: City of Santa Ana Police Department This narrative in response to the above reference to state that South Coast Mechanical, Inc. clearly and absolutely meets and or exceeds the qualifications and Experience to perform the HVAC needs of the City of Santa Ana's Police Dept. Upon awarding SCFS the contract to perform a full comprehensive service maintenance program and service repairs for the Police department @ 6o Civic Center Plaza, we will be pleased to conduct the following: Upon Pro'ect Award - Meet with lead personnel, of the City of Santa Ana Police Dept., and review all equipment to be serviced. - Attend all Training sessions if required. - Learn the organization's systems - Learn and review procedures - Introduce our Primary and Secondary account technicians - Introduce SCFS account managers and client advocates. - Finally, Exchange names and information of all interested parties and personnel. Plan - Set goals for Service and Maintenance - Meet with Maintenance supervisor to download and gather feedback from operations - Build relationships with colleagues Review and Identify potential issues with processes and procedures. Continue to obtain feedback and implement new strategies. Perform at an optimum level and address any strategic initiatives. Page 1 South Coast Facility Services RM P [lraQathnrnp Aup Anahaim rA a7mr, City Council (714)782-9W 1 www.scLA711tyselry¢s.com 3/16/2021 JiSCFS Implementation Plan STAFFING TEAM SERVICE — Simon Cote (Service Manager) Amy Okamura (OC Dispatcher) Lizzie Ayala (LA Dispatcher) Miguel Santos (LA Foreman) Todd Oliver (OC/SD Foreman) Gabe Ordaz and Joe Bucci (Your Client Advocates) RESPONSE PROCESS Depending on the level of urgency we adapt and customize our response to your needs. - We proactively communicate clear expectations for each status and prioritize each level to insure we are meeting your facilities expectations - Example Priorities— RM/PM —Normal— Essential —Urgent DISPATCH AND RESPONSE - Answer incoming calls 24/7 dispatch line - Discuss issue at hand, determine if same day service is needed and if overtime is approved (if needed) - Determine the type of equipment, what area is served, obtain on site contact name, phone number for technicians, and contact technician to arrange service DISPATCH CONSIDERATIONS - All our technicians are supplied with a fully stocked work vehicle that they take home, so that calls can be addressed immediately without coming into the central office - We offer 24/7 emergency dispatch service with a turnaround time of 2-4 hours - Our sophisticated fleet tracking allows dispatch of closest technician along with miles traveled and travel time AVAILABLE TECHNICIANS - South Coast has 24 technicians within Orange, Inland Empire, and San Diego counties available to take 24/7 service calls and perform regularly scheduled maintenance. - This includes 2 Foreman (15 + years' experience and leadership); Centrifugal journeyman, Journeyman, and Apprentices as well as Controls specialists. Page 2 South Coast Facility Services ftnn F A 47RAA City Council (714) 782-96401 www.scW14gsetv-/t&.com 3/16/2021 JiSCFS Met�mCal • ®ectriral • Plumbing STAFFING TEA SERVICE�m ,.�...., sbnm CMU m4pd LA Farm. wn+yo�rar. uaiewyala Sarr.nMana`ar TaddOYrar AndnaAbad 0C LA CC Pw n m ei" C1°-'R1iO� Gab- Chas cas"Adraeabe Acwwtb PWAb RwmBanadw I� au z4Howagw F L-waetCara--a Aanwmt HwLvger Svwu.eGriRin o Po Agawwdh% �5"hwAs R7aClsaa CFO EridVe Dhm SerwImAdmin ± Ca-rdlffator Aa owft � ���%� RaaMabN LU"Tuwd ACCOUNTING Gabe Ordaz (Primary Contact) - 30 years Trained and Certified Journeyman #250 union tech -2 Years OkIIIiV; 1"a2pi�iIGU,;a'tfe and `.............................................. C 714.248.1958 Joe Bucci (Back up Contact) - 35 years Trained and Certified Journeyman #250 union tech - 5years CIRewl,�, auW ..................... ............................. C714.318.6123 Simon Cote - 26 years Trained and Certified Journeyman #250 union tech - 16 years Teaching Instructor with #250 program - 5 years Service Manager ....................... ........... ............................................. P 714.782.4690 C 714.720.5610 John Shirley (Primary tech) - 20 years Trained and Certified Centrifugal Journeyman Chiller #250 union tech. - 5 years Chiller Foreman ... ................................ ...................................... ....... C 714.944.8916 Dave Guillen (Secondary tech) - 30 years Trained and Certified Centrifugal Journeyman Chiller #250 union tech. - 2 years Chiller Foreman ... ............. ................................................................0 714.502.4953 Todd Oliver (OC Field Supervisor) - 20 years Trained and Certified Journeyman #250 union tech. - 4 years OC/IE Supervisor ... .............................................. ............... .............. C 714.720.8787 South Coast Facility Services ROO F Aran�athnma Ava- Anaheim rA o7Anr City Council (714)782-9640I www.scWlbjsetvf*.com 3/16/2021 EXHIBIT B Page 10 of 10 City Council 27 — 175 3/16/2021 EXHIBIT J C17Y OF SANTA A19A REQUEs r IIFOR P11R01i::i`0SALS 20,434 FOR 1`,AC1111...IT)(DIVA C SERVICE, MAINTENANCE ANK) REPAIRS A"'I VARIOUS CITY l:-AC1L1TlES RFLP Lr,1R0PQ§AL PRIgING LIWr P01-110E FA!2jLrry.- §0 CIvic elft. r 1:43za �,:5rovid,a e Maintenance & Repair Servlrx.,,s: P or Scope al' Specific, s,-viCps (pages 12-18) and HVAC I,!,quilipment List (Pages 18-20)------ ........ Annual Cost j1_me.jndLU1atqrjaLs n I gg� For work pei-formed during regular business hours, (Mom Fri 7.00am to 5:0oI'm m.) Regulaii, Joumeyman Chiller /hr Apprerirue,,;q Chiller Mechanic...... a w»......... 43-E-, Lhr Sheet Metal . ...... /hr Balancing Tixhinician ...... ........ L—LYiE- _-0/hir, A . I aterial Il arkulp Percentage % Is ... ....... BBSe iNice sotirra, WSW", Wholesale, Dealer, Jobber) 4 Campany Name., -a C0MMEN'LS_QR IEXCIIii PnQNS: r-z THIS PROPOSALS' AJN AND LL Facilities HVAC Service, Maintgnamp nniq ors 20 484 City Council Page 3T7 - 176 crap;3/16/2021 City Manager Office https://www.santa-ana.org/cm Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: Immigration Legal Defense Services AGENDA TITLE: Approve an Agreement with Immigrant Defenders Law Center For Immigration Legal Defense Services for a Two -Year Term in an Amount not to Exceed $400,000 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Immigrant Defenders Law Center to provide immigration legal defense services to Santa Ana residents, for a term beginning March 16, 2021 and ending January 31, 2023, in an amount not to exceed $400,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Background On October 17, 2017, the City Council approved a Memorandum of Understanding with the Vera Institute of Justice tojoin their SAFE (Safety and Fairness for Everyone) Network to be eligible for one-time funding to support immigration legal defense services, along with on -going technical assistance and training, data collection, and research support. At this same meeting, the City Council also approved an agreement with Immigrant Defenders Law Center (ImmDef) to serve as the City's legal service provider (LSP) to provide immigration legal defense services. These services are provided under the universal representation model, which is publicly funded deportation defense for all. Under the universal representation model, ImmDef has provided full -scope removal defense assistance to individuals, regardless of the immigration relief available. Whereas traditional legal service programs may identify eligibility for representation through screening for viable immigration relief, the universal representation model ensures each client, regardless of potential relief, is given an opportunity to be heard. ImmDef works closely with community -based organizations, such as Building Healthy Communities, legal service providers, and other immigration advocates to ensure that their services are accessible to the Santa Ana community. City Council 28 — 1 3/16/2021 Immigration Legal Defense Services March 16, 2021 Page 2 ImmDef s clients represent a wide cross- section of Santa Ana residents, including single mothers, fathers, homeless individuals, youth, older adults, and victims of domestic violence. Client examples include a long-time Santa Ana resident single mother fleeing domestic violence, a father of six U.S. citizen children, and a young man fleeing his abusive father in his home country. At the October 16, 2018 meeting, the City Council amended the agreement with ImmDef to extend the term for an additional year, from November 1, 2018 through October 31, 2019, increasing the amount of the agreement by $80,000 to continue to fund immigration legal defense services to Santa Ana residents. On November 5, 2019, the City Council amended the agreement with ImmDef to continue to provide immigration legal defense services on a month -to -month basis, until a competitive Request for Proposals process was completed. As part of the Fiscal Year 2019-20 Budget, the City Council appropriated $200,000 to continue funding immigration legal defense services to Santa Ana residents. To ensure the success of this program, City staff partnered with representatives from the Vera Institute of Justice to execute a Request for Proposals process to solicit, review, evaluate, and recommend a legal service provider to provide immigration legal defense services. On November 18, 2019, the Vera Institute of Justice released a Request for Proposals, entitled Santa Ana Deportation Defense Fund, to invite applicants to serve as the City's legal service provider. The Request for Proposals was shared with more than 85 organizations, including organizations based in Santa Ana and the surrounding greater Los Angeles area. The Vera Institute of Justice and the City received two proposals by the due date of December 9, 2019: one from ImmDef and one from the Coalition for Humane Immigrant Rights (CHIRLA). The proposals were reviewed and evaluated by a committee of representatives from the Vera Institute of Justice, along with City staff. On January 21, 2021, the City Council approved a one-year agreement with ImmDef to continue providing immigration legal defense services. With a budget of $180,000, ImmDef served 33 new clients. Discussion Since its inception, the Santa Ana Deportation Defense Fund (also referred to as the "legal defense fund" or "universal representation program") has relied upon annual budget appropriations and one-year agreements with ImmDef to fund immigration legal defense services to Santa Ana residents facing deportation proceedings. While the City has been able to execute amendments or new agreements to extend the terms for a period of up to one year at a time, the period of legal representation required for immigration proceedings far exceeds one year. As such, staff recommends that the City Council approve an agreement with ImmDef (Exhibit 1) to provide immigration legal defense services for a period of two years, for an annual amount of $200,000 to align with the fiscal year appropriation for the Santa Ana Deportation Defense Fund, and for a two-year not -to -exceed amount of $400,000. City Council 28 — 2 3/16/2021 Immigration Legal Defense Services March 16, 2021 Page 3 Under the proposed agreement, ImmDef seeks to serve 24 new Santa Ana clients over a two-year period. If there is additional capacity, ImmDef will take on more cases. However, it is important to note that there are currently 33 cases still open from the prior agreement year. The 24 new cases will include both detained and non -detained cases, depending upon community need. The actual number served will depend on factors such as the number of individuals who have no relief available to them or who seek voluntary departure, the number of individuals whose cases proceed to a trial (merits hearing) while detained versus clients released on bond, and the level of cooperation from the Executive Office for Immigration Review (EOIR) or Immigration and Customs Enforcement (ICE) in assisting with client accessibility and case calendaring. ImmDef expects and understands that many cases will require representation beyond the contract term because of the immigration court backlog for individuals who are released from detention but whose cases are still pending final adjudication. For these clients, ImmDef is committed to continue their representation of those clients beyond the agreement term and until final adjudication. For the proposed agreement, ImmDef has adjusted their case cost and budget. In accordance with the reimbursement rates with the State of California, detained cases are reimbursed at a rate of $8,000 and non -detained cases at a rate of $7,000 for full -scope representation. ImmDef is also taking into account the realities of COVID-19 and its effect on the backlog in immigration court; some cases are extended until 2024. Included in the $200,000 budget is $20,000 to go towards litigation costs, such as mental health and country condition experts, which will provide much needed support on our cases and possibly improve the outcomes. Staff recommends that the City Council approve the proposed agreement to ensure the continued, uninterrupted provision of immigration legal defense services for Santa Ana residents. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $50,000 are available for expenditure in FY 2020-21 in the Non - Departmental Contract Services - Professional account (No. 01105015- 62300). Additional funds will be made available during FY 2021-22 and FY 2022-23, contingent upon annual budget approval, as follows: City Council 28 — 3 3/16/2021 Immigration Legal Defense Services March 16, 2021 Page 4 EXHIBIT(S) Fiscal Accounting Fund Accounting Amount Year Unit Name Unit Description FY 01105015- General Contract $50,000 2020- 62300 Fund Services - 21 Professional FY 01105015- General Contract $200,000 2021- 62300 Fund Services - 22 Professional FY 01105015- General Contract $150,000 2022- 62300 Fund Services - 23 1 1 1 Professional 1. Agreement Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 28 — 4 3/16/2021 AGREEMENT BETWEEN CITY OF SANTA ANA AND IMMIGRANT DEFENDERS LAW CENTER FOR FUNDING This Agreement is made and entered into by and between 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") and Immigrant Defenders Law Center, a California non-profit corporation ("Immigrant Defenders"). RECITALS A. In 2017, the City entered into a Memorandum of Understanding ("MOU") with the Vera Institute of Justice ("Vera") regarding the City's participation in Vera project's the SAFE Cities Network ("Safe Cities"). Safe Cities is a diverse group of local jurisdictions from around the country, convened by Vera, committed to due process and providing legal representation to immigrants facing deportation and keeping communities strong and safe. B. The MOU between City and Vera specified that, Vera would support City in establishing its publically funded removal defense program. Initially, this program was funded through a catalyst grant of $100,000 from Vera and a $65,000 contribution from City. C. The City desires to provide additional funding to Immigrant Defenders for the provision of removal (deportation) defense services that contribute to the protection of families and the education and support of Santa Ana immigrant populations and that will contribute to the safety and quality of life in Santa Ana and surrounding areas. D. Immigrant Defenders represents to the City that it is qualified and capable to carry out these services as further described by Immigrant Defenders' proposal, which is attached as Exhibit A. In consideration of the foregoing recitals, the parties agree as follows: I. PROGRAM OF LEGAL SERVICES Immigrant Defenders shall conduct the program described in Exhibit A ("Program" or "Scope of Services"). 2. TERM OF AGREEMENT The Term of this Agreement shall commence on March 16, 2021 and shall expire on January 31, 2023, unless extended by the City or unless sooner terminated in accordance with the terms of this Agreement. The Parties agree and understand that services as provided by Immigrant Defenders commenced on February 1, 2021, to avoid an interruption of services after the completion of Agreement #A-2020-010 which expired on January 31, 2021. The City agrees to compensate Immigrant Defenders as provided in Section 3, below, for said services. City Council 28 — 5 3/16/2021 3. USE OF FUNDING; PAYMENT a. City agrees to provide Immigrant Defenders funding for those expenses associated with performing, overseeing and implementing the Program described in Immigrant Defenders' Proposal at Exhibit A, attached hereto and incorporated herein by this reference, in accordance with the project budget contained therein ("Budget"). The total amount of funding from City to Immigrant Defenders shall be $400,000 ("Funding"). b. Payments shall be issued on a quarterly basis and funding shall be released to Immigrant Defenders within forty-five (45) days of City's approval of this Agreement and shall be provided to Immigrant Defenders as follows: Date Amount February 1, 2021 $50,000 May 1, 2021 $50,000 August 1, 2021 $50,000 November 1, 2021 $50,000 February 1, 2022 $50,000 May 1, 2022 $50,000 August 1, 2022 $50,000 November 1, 2022 $50,000 Immigrant Defenders shall undertake and complete the Program as described and set forth in Exhibit A. d. Immigrant Defenders shall spend the Funding in accordance with the Budget in the attached Exhibit A. 4. MONITORING AND EVALUATION a. Immigrant Defenders shall furnish, except where limited by attorney -client confidentiality, all data, statements, records, information, and reports necessary for the City to monitor, review and evaluate the performance of the Scope of Services and its components. Immigrant Defenders shall cooperate with the City in the conduct of any evaluation of Immigrant Defenders' Services. Immigrant Defenders shall further cooperate to incorporate minor modifications that may be discovered as necessary and appropriate as a result of feedback from the monitoring and evaluation process. b. Immigrant Defenders shall share case -level data with the Vera through the Vera SAFE Cities Database and participate in interviews with Vera staff to support the evaluation of the Project. The information gathered will be key for developing evidence regarding the impact of representation across the United States on a variety of measures and could be used to inform future efforts to secure funding for new and existing representation programs. City Council 28 — 6 3/16/2021 5. PROGRAM COORDINATION a. The City Manager or his or her designee shall monitor the Immigrant Defenders' progress and performance of this Agreement. b. Immigrant Defenders shall assign a Program coordinator ("Immigrant Defenders Coordinator") who shall have overall responsibility for the performance of this Agreement by Immigrant Defenders. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute Immigrant Defenders Coordinator, Immigrant Defenders shall notify City immediately of such occurrence. Immigrant Defenders' staff shall cooperate fully with the City with respect to all matters related to this Agreement. C. Immigrant Defenders' staff shall attend meetings as required or requested by City. 6. IMMIGRANT DEFENDERS' FISCAL REPONSIBILTIES; RETENTION OF MATERIALS a. General Fiscal Responsibilities of Immigrant Defenders. Immigrant Defenders shall: If applicable, appoint and submit to the City, the name of a fiscal agent, who shall be responsible for the financial and accounting activities of Immigrant Defenders, including the receipt and disbursement of the Funding installments. ii. Establish and maintain a system of accounts for the Funding that shall be in conformance with generally accepted accounting principles. Such system of accounts shall be subject to review and approval of the City. iii. Document all costs by maintaining complete and accurate records of all financial transactions, including but not limited to contracts, invoices, time cards, cash receipts, vouchers, canceled checks, bank statements and/or other official documentation evidencing in proper detail the nature and propriety of all charges. iv. Submit to the City at such times and in such forms as the City may require, such statements, records, reports, data, and information pertaining to matters covered by this Agreement. b. Records of Immigrant Defenders Immigrant Defenders shall maintain records of all matters related to this Agreement including, but not limited to, books, financial records, supporting documents, statistical records, personnel records, property City Council 28 — 7 3/16/2021 records, and all other pertinent records sufficient to reflect properly: (A) All direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred in performance of this Agreement. (B) All other matters covered by this Agreement. ii. Immigrant Defenders shall preserve and make available its records: (A) For the period of three (3) years from the date of expiration or sooner termination of Agreement; or (B) For such longer period, if any, as may be required by applicable law. Examination of Records. At any time during normal business hours, and as often as may be deemed necessary, Immigrant Defenders agrees that the City, and/or any of its authorized representatives shall have access to and the right to examine its plants, offices, and facilities engaged in performance of this Agreement and all its records with respect to all matters covered by this Agreement. d. Audits. In the event that the City determines, from inspection of records, or any other source, that there is a problem or discrepancy regarding Immigrant Defenders' compliance with the terms and conditions of this Agreement, including but not limited to the Project Budget, then the City shall, in its sole discretion, have the right to require an audit by an independent auditor at City's sole expense relating to the Scope of Services and Immigrant Defenders' compliance hereunder. Notwithstanding the foregoing, the City shall have the right for any reason whatsoever to perform, or cause to be performed an independent audit. Such audits may cover programmatic as well as fiscal matters. 7. ASSIGNMENT Immigrant Defenders shall not assign any rights or duties under this Agreement to a third party without the express prior written consent of City. Immigrant Defenders agrees that the City shall have the right to approve any and all subcontractors and subcontractors to be used by Immigrant Defenders in the performance of this Agreement before Immigrant Defenders contracts with or otherwise engages any such subcontractors or subcontractors. 8. RELATIONSHIP OF PARTIES It is understood and agreed by and between the parties that Immigrant Defenders in the performance of this Agreement, shall not act nor is it at any time authorized to act, as the agent or representative of the City in any matter. Immigrant Defenders further agrees that it will not in any manner hold itself out as the agent or representative of the City or act in such a fashion as would give the impression to a reasonable person that Immigrant Defenders is acting in such a capacity. City Council 28 — 8 3/16/2021 9. INDEMNITY Immigrant Defenders shall, to the fullest extent permitted by law, indemnify, protect, defend and hold harmless City, and its employees, officials and agents ("Indemnified Parties") from all claims, demands, costs, or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, interest, defense costs, and expert witness fees), but only in proportion and to the extent that such claims, demands, costs, or liabilities are caused by or result from the negligence, recklessness, or willful misconduct of Immigrant Defenders, its officers, employees, agents or volunteers, in the performance of services under this Agreement, excepting only liability arising from the sole negligence, active negligence, or intentional misconduct of City. If there is a possible obligation to indemnify, Immigrant Defenders' duty to defend exists regardless of whether it is ultimately determined that there is no obligation to indemnify. The existence or acceptance by City of the insurance policies or coverages described in this Agreement shall not affect or limit any of City's rights under this Section. This Section shall survive expiration or sooner termination of this Agreement. 10. INSURANCE REQUIREMENTS During the entire term of this Agreement, Immigrant Defenders shall maintain the insurance coverage described in this Section. It is understood and agreed by the Immigrant Defenders that its liability to the City shall not in any way be limited to or affected by the amount of insurance coverage required or carried by the Immigrant Defenders in connection with this Agreement. a. Commercial General Liability Insurance providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Immigrant Defenders, its sub -consultants, and subcontractors, products and completed operations of Immigrant Defenders, its sub -consultants, and subcontractors, and premises owned, leased, or used by Immigrant Defenders, its sub -consultants, and subcontractors, with limits of not less than one million dollars $1,000,000 per occurrence, $2,000,000 in the aggregate. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy. b. Automobile Liability Insurance providing coverage for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than one million dollars ($1,000,000) per accident. The policy shall provide coverage for owned, non -owned, and/or hired autos as appropriate to the operations of the Immigrant Defenders. C. Workers' Compensation Insurance with statutory limits, and Employers' Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers' Compensation policy shall include a waiver of subrogation in favor of the City. City Council 28 — 9 3/16/2021 d. Professional Liability Insurance providing coverage on a claims made basis for errors, omissions, or malpractice with limits of not less than one million ($1,000,000) dollars. e. Additional Insured Covera4e i. Commercial General Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of. activities performed by or on behalf of Immigrant Defenders, its sub- consultants, and subcontractors; products and completed operations of Immigrant Defenders, its sub -consultants, and subcontractors; and premises owned, leased, or used by Immigrant Defenders, its sub -consultants, and subcontractors. it. Automobile Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability. f. Immigrant Defenders shall require and verify that all sub -consultants and subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in this Section above. 11. INDEPENDENT CONTRACTOR It is understood and agreed that Immigrant Defenders (including Immigrant Defenders' employees) is an independent contractor and that no relationship of employer -employee exists between the parties hereto for any purpose whatsoever. Neither Immigrant Defenders nor Immigrant Defenders' assigned personnel shall be entitled to any benefits payable to employees of City. City is not required to make any deductions or withholdings from the Grant Award. As an independent contractor, Immigrant Defenders hereby agrees to indemnify and hold City harmless from any and all claims that may be made against City based upon any contention by any of Immigrant Defenders' employees or by any third party, including but not limited to any state or federal agency, that an employer -employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Agreement or by reason of the nature and/or performance of any services under this Agreement. 12. SUSPENSION OR TERMINATION City shall have the right at any time to temporarily suspend Immigrant Defenders' performance hereunder and/or any Funding, in whole or in part, by giving a written thirty -day notice of suspension to Immigrant Defenders. If City gives such notice of suspension, Immigrant Defenders shall immediately suspend its activities under this Agreement, as specified in such notice. Nothing in this Agreement shall be deemed to be a waiver of the City's right to recover from Immigrant Defenders any portion of the Funding that has not been spent in accordance with this Agreement or that has not been spent as of the date of notice under this subsection. City Council 28 — 10 3/16/2021 13. FUNDING AVAILABILITY It is understood and agreed that funding is contingent on there being sufficient funds within the City's budget. If the City lacks funding within its budget, the Agreement shall have no further force and effect. If there is a lack of funding or should funds became unavailable after the effective date of the Agreement, the City shall have no liability to pay any funds to the Immigrant Defenders or to furnish other consideration under this Agreement and the Immigrant Defenders shall not be obligated to continue to perform any services under the provisions of this Agreement. It is also understood that funds for the program must be appropriated and approved by City Council. City Council has the authority to reduce or eliminate funding of this program, without cause or justification, with no liability occurring to the City. 14. STANDARD OF PERFORMANCE Immigrant Defenders shall perform all services performed under this Agreement in the manner and according to the standards currently observed by a competent practitioner of Immigrant Defenders' profession. Immigrant Defenders shall assign only competent personnel to perform services, including licensed attorneys, under this Agreement. Immigrant Defenders shall notify City in writing of any changes in Immigrant Defenders' staff assigned to perform the services under this Agreement prior to any such performance. 15. CONFLICTS OF INTEREST Immigrant Defenders covenants that neither it, nor any officer or principal of its corporation, has or shall acquire any interest, directly nor indirectly, that would hinder Immigrant Defenders' performance of services under this Agreement. Immigrant Defenders further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor, without the written consent of City. Immigrant Defenders agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City at all times during the performance of this Agreement. 16. MISCELLANEOUS a. Entire Agreement. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding the parties may have had prior to the execution of this Agreement. b. Modification. No modification or change to the terms of this Agreement will be binding on a party unless in writing and signed by authorized representatives of the parties. Compliance with Laws. Immigrant Defenders shall perform all services described herein in compliance with all applicable federal, state and local laws, rules, regulations, and ordinances, including but not limited to, (i) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.) ("ADA"), and any regulations and guidelines issued pursuant to the ADA; and (ii) Labor Code sections 1720, et seq., which require prevailing wages (in accordance with DIR determinations at www.dir.ca.gov) be paid to any employee performing work covered by Labor Code City Council 28 — 11 3/16/2021 sections 1720 et seq. d. Non-discrimination. Immigrant Defenders 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. Immigrant Defenders affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations Governing Law: Venue. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the superior court in Orange County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such court. £ Waiver of Rights. Any grant award or acceptance by City of any service performed by Immigrant Defenders under this Agreement, any waiver by City of any default, breach or condition precedent, shall not be construed as a waiver of any provision of this Agreement by City, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. g. Successor and Assigns. Immigrant Defenders binds itself, its partners, successors, legal representatives and assigns to City with respect to all promises and agreements contained herein. h. Authority to Sign. The signers of this Agreement have the capacity and are authorized to execute this Agreement as the representatives of their respective parties, and to bind said parties to the terms hereof. This Agreement is subject to the approval by each party's governing body. [signature page to follow] City Council 28 — 12 3/16/2021 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first herein above set forth. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 4 '�'. -f. J HN M. FUNK Senior Assistant City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Manager IMMIGRANT DEFENDERS By: Lindsay Toczylowski Title: Executive Director City Council 28 — 13 3/16/2021 EXHIBIT A • Organization Name: Immigrant Defenders Law Center • Street Address: 634 S. Spring Street, 10th Floor • City: Los Angeles • State: CA • Zip Code: 90014 • Primary Contact Name: Renee Garcia • Primary Contact Title: Development and Communication Manager • Primary Contact Telephone Number: {213) 634-7615 • Primary Contact Fax Number: (213) 282-3133 • Primary Contact Email: Rgarcia@immdef.org City Council 28 — 14 3/16/2021 EXHIBIT A Program Operation Plan 1) Describe, generally, your organization's qualifications as outlined in the Evaluation Criteria above. In particular, please detail your organization's experience representing immigrants in removal proceedings for the last three years. List in the table below the number of Section 240 detained and non - detained removal cases for which your organization undertook representation in each of, 2018, and 2019 and 2020 years and the court locations where those cases were pending at the inception of representation. Immigrant Defenders Law Center (ImmDef) is a next -generation social justice law firm that defends our immigrant communities against injustices in the legal system. We envision a future where no immigrant will be forced to face immigration court alone. Our programs are a first step toward the long-term goal of providing universal representation to all immigrants facing deportation. Our organization was founded in 2015 by a group of experienced public interest immigration lawyers and our rapid growth is a testament to the need for our services in the communities we serve. Since our humble beginnings in our founders' living rooms, our team has grown from a handful of attorneys to more than 120 dedicated staff members. We have expanded our office locations to respond to the needs of our clients and currently have offices in Los Angeles, Adelanto, Riverside, Santa Ana, and San Diego. ImmDef is the largest non- profit, pro bono provider of deportation defense in California. With a 2020 annual budget of approximately $7 million, our team provides full-scale deportation defense and legal education classes to approximately 2,600 adults and children in Southern California annually. Our programs include the following: a Children's Representation Project for unaccompanied children, refugees, and foster youth; a Detained Youth Empowerment Project that provides classes, legal screenings, and representation to children detained by the government in youth shelters; Family Unity Project reuniting and providing comprehensive legal services to families who were separated as a result of the 2018 Zero Tolerance Policy or other ICE enforcement actions; Post -Conviction Relief Program where we challenge unlawful criminal convictions for immigrants facing deportation; a Litigation & Advocacy Team launched in 2019 to expand our appellate advocacy and participation in strategic litigation to dismantle the system that seeks to deport our clients; targeted Local Justice Fund Programs in the Long Beach, Santa Ana, Los Angeles, and Inland Empire areas that protect our communities and families against aggressive ICE enforcement; our National Qualified Representatives Project that serves immigrants with mental health disabilities to ensure due process and fairness in their immigration court proceedings; and finally our Cross -Border Initiative where we advocate daily for the human rights of asylum -seekers who have been forced back into Mexico as part of the cruel Migrant Protection Protocols program. The numbers in the following table represent new cases accepted for each of the past three calendar years. In 2019 we represented 234 Detained cases, and 237 Non -Detained cases. 2018 Court Detained Non -Detained Los Angeles Court 166 308 Adelanto Otay Mesa 76 0 1 0 City Council 28 — 15 3/16/2021 EXHIBIT A San Diego Court 0 0 2019 Court Detained Non -Detained Los Angeles Court 146 231 Adelanto 41 0 Otay Mesa 6 0 San Diego Court 41 6 2020 Court Detained Non -Detained Los Angeles Court 0 20 Adelanto 174 0 2) Describe your plan for intaking clients. Be specific as to how you will come into contact with clients for the first time (e.g., detention center legal orientation program (LOP), detention hotline, community referrals) and how the case will be selected for representation. Which detention facility(ies) will you serve? Please describe what, if any, prior relationships you have with area detention centers that will help facilitate your program. Organizations should propose a plan for intaking and offering representations to people that is consistent with the principle of universal representation of those eligible under this contract. Please describe how your program will incorporate community referrals into your intake plan. Like all our representation programs, ImmDef will run our intake system on a universal representation model. Potential clients will be screened for eligibility based solely on residence, financial inability to afford legal counsel, and whether a potential client is in danger of removal from the United States. Financial eligibility is determined using the Federal poverty guidelines which are based on household size. ImmDef will primarily identify prospective detained clients through a referral system where partner legal services organizations can refer prospective clients. These partner organizations include current legal service providers conducting Legal Orientation Programs (LOP) at Adelanto, as well as community -based organizations serving the needs of immigrant communities living in Santa Ana. ImmDef will request that LOP providers at Adelanto refer all pro se detainees identified as Santa Ana residents or community members to ImmDef for screening for representation. ImmDef will simultaneously accept referrals of Santa Ana residents detained at area detention facilities from Santa Ana community -based organizations. Upon receipt of a referral, ImmDef's staff attorney will conduct further screening of the client to ensure eligibility. If the client is eligible under agreement the attorney will offer representation on the spot. ImmDef will focus its efforts to represent Santa Ana residents detained at the Adelanto facility. We have a strong prior relationship with this facility; ImmDef City Council 28 — 16 3/16/2021 EXHIBIT A is one of largest legal service providers working with the Adelanto detention facility. We are well-known to facility staff, immigration judges, and trial attorneys that work at the facility. 3. Describe your proposed program model for representing detained immigrants. Please specify how you plan to serve eligible clients and how your organization will provide competent and effective representation for the entire scope of the case, including for clients who are released from detention and whose cases may be pending beyond the current grant year. Please also describe how you will address the needs of clients beyond the scope of their legal cases, including social services, housing, education, healthcare, and other needs and/or how you plan to address these needs when the program is at full scale. Finally, please describe how you will conduct intakes and work with clients who speak a language for which you do not have in-house capacity. ImmDef's representation model is based on a universal model of representation. ImmDef has never denied representation to anyone based on their lack of eligibility for relief, complexity of issues, or for any other reason. Because of ImmDef's universal representation model, ImmDef staff has extensive experience representing detained individuals in removal proceedings. ImmDef attorneys are in immigration court on a near -daily basis and are adept at handling all types of cases, including working with clients who have extremely complex immigration and criminal histories. Additionally, ImmDef is very familiar with the realities and constraints of representing individuals detained at Adelanto because many of our clients are currently detained there. Given ImmDef's experience in deportation defense, ImmDef is well -positioned to continue its universal representation program for Santa Ana facing imminent deportation. Upon receipt of a referral for a case, ImmDef's staff attorney will conduct further screening of the client to ensure eligibility. Screenings at this time are being done remotely until COVID-19 reduces. If the client is eligible under the agreement, the attorney will offer representation on the spot. Priority will be given to Santa Ana residents but if Santa Ana residents have not been identified or decline representation, then ImmDef will represent persons with a strong connection to the City of Santa Ana. ImmDef anticipates that our staff attorney will spend 2 to 4 days per month to follow-up on referrals and screen clients. We anticipate that we will accept approximately at least 2 new cases for each month during the contract year. This number will of course vary according to the specific circumstances presented in each case. We expect and understand that many cases will require representation beyond the contract period because of the immigration court backlog for individuals who are released from detention but whose cases are still pending final adjudication. For these clients, ImmDef is committed to continue our representation of them beyond the contract period and until final adjudication. ImmDef will address the needs of clients beyond the scope of their legal cases including social services by utilizing a Case Management Associate from our privately -funded Family Unity Project to assist our Santa Ana -focused team. Most of our clients from Santa Ana are Spanish-speaking, and all our legal staff for this program speak fluent Spanish. Occasionally we meet clients who only speak indigenous languages. In these cases we seek out either paid or volunteer interpreters from our large volunteer network. In the event we could not find a volunteer we would use Language Line at ImmDef's expense. ImmDef has profound experience and a proven track record of serving clients from all over the world, with cultural competence serving Latin-American immigrants. Many of our staff members are immigrants themselves or the children or grandchildren of immigrants from Mexico and Central America. As such, our team can City Council 28 — 17 3/16/2021 EXHIBIT A draw upon our deep roots in the communities that we serve to provide culturally competent legal services. Anticipated outcomes and Impact of Services: ImmDef expects our high -quality representation to have a profound effect on the clients we serve. In our other representation programs, ImmDef attorneys routinely utilize new, creative options to defend our clients from deportation and we have high rates of success. Even in cases where we are unable to secure immigration relief for community members, our attorneys play an important role by showing our clients and their families that they are not alone through this process. The impact of this project will be most concretely evident in the number of clients served through the program, and the impact of representation on the outcome of those clients' cases. We will be able to measure this impact by the sheer numbers of clients receiving representation, but also by comparing the outcomes of cases of those clients who receive representation with the outcomes of unrepresented detainees. This data will be readily available through our internal case management software and government -maintained immigration court data. Another important indicator of the project's impact will be the number of Santa Ana residents who receive an intake screening even if ultimately, they are unable to receive representation through the project due to financial or residency factors. The screening in and of itself is an important benefit to a potential client as we will be able to use it to orient the detainee to the immigration removal process and offer them options outside of our services such as referrals to reputable private attorneys. In addition to the sheer number of clients served under the project and the outcome of the cases, it will be important to measure the qualitative impact of these services on our clients, their families, and our communities. We will measure this impact through follow-up surveys of clients, asking about the effect the representation services had on their ability to return to their communities. Through a post -services survey or questionnaire, we will best be able to identify clients who are successfully reintegrating into our communities and highlight this for local media and Santa Ana elected officials. This will ultimately enable us to build support for continuing funding for removal defense in Orange County. ImmDef would also be interested in facilitating meetings between clients whose cases are successfully completed and the Santa Ana City Councilmember whose ward they live in so that we may directly show elected officials the impact of the program on their constituents. 4) What is your staffing plan for your program? Please describe the positions you plan to fill and the responsibilities each will have in the program. Please attach the CVs and bar numbers of the attorneys who will lead the contracted work, and document American Immigration Lawyers Association (AILA) membership or other evidence of immigration law experience. ImmDef will continue to keep our Santa Ana -focused team on staff with this funding. Directing Attorney Lisa Okamoto will supervise all cases and staff. Staff includes Case Management Associate Madeline McCormick, Paralegal Sarah Poblano, Staff Attorney Sandra Patlan, Managing Attorney Iliana Gomez. ImmDef will utilize the supervision model that we have time -tested and used in our other representation programs to ensure proper oversight of staff working under this funding. Our managing attorney will be directly supervised by our directing attorneys, all of whom have extensive experience in removal defense and in the management and scaling up of high -volume removal defense programs. Our staff attorneys will City Council 28 — 18 3/16/2021 EXHIBIT A be closely supervised by the managing attorney, including weekly one-on-one scheduled check -ins to address any issues with their workloads. Weekly case review meetings will be held for all staff attorneys working on detained representation cases. These meetings will contain periodic trainings and peer -to - peer presentations on current legal trends and issues, including discussion of relevant case law updates. In addition, directing and managing attorneys will be available to discuss case strategy and substantive law questions. The meetings will also be opportunities for case review in a group setting, which maximizes resources and saves time. These workgroup meetings will be led by the managing attorney and, as needed, by the directing attorneys or executive director. Tracking Caseloads: ImmDef utilizes a case management software, Cerenade, which allows us to keep track of vital data on our cases including client biographical information, case milestone data, hearings, outcomes and filings. The Cerenade system allows our attorneys to input case notes, who are trained to log every case -related from phone calls to hearings. Our supervisors can review these case notes or data anytime to ensure that a given attorney's caseload is moving along properly, and to offer support for staff attorneys whose filing goals are not being met. In preparation for one-on-one check -ins with supervisees, our managing attorneys review the attorney's caseload by printing reports from Cerenade, and then address any questions or discrepancies they have observed. Responsibilities each staff will have in the program: Managing Attorney (for cases where they are not the primary attorney): • Review of legal filings and briefs • Support with development of case strategy • Support with preparation for trials • Monitoring workloads to ensure competency of representation • Overall responsibility for ensuring that data collection and submission protocols are being followed Staff Attorney: • Client screening and intake • Development of case theory and strategy • Keeping case notes and other case related data currentPre paring declarations and gathering evidence for cases • Preparing forms for legal filings with United States Citizenship and Immigration Services (USCIS) and Executive Office for Immigration Review (EOIR) • Writing legal briefs for immigration court • Preparing clients and families for immigration court • Appearing at all hearings for clients • Preparing and submitting any related appeals Paralegal: • Initial creation of client in case management system and creation of physical file • Assisting with calendaring and keeping communal calendars • Requesting criminal, immigration and other vital records • Filling out first drafts of immigration forms • As needed, assisting with declarations, particularly of family members City Council 28 — 19 3/16/2021 EXHIBIT A Ensuring all data is up-to-date and complete for all cases under a contract Our Directing Attorney will in turn be directly supervised by our Director of Legal Services, Joyce Noche, who oversees a large portion of ImmDef's removal defense programs. Joyce is a resident of Orange County. Resumes Attached. 5) How many detained removal defense clients do you anticipate representing with the total public funding described above and Vera's catalyst funding? Please respond based on client served, rather than case (i.e. if you represent someone on bond and merits, that is one client represented, not two cases). Please describe how your program plans to pace the initiation of representation for this number of clients to manage staff capacity. Based on ImmDef's proposed budget, ImmDef seeks to serve 24 new clients over a two-year contract period in Santa Ana with these funds. If we have additional capacity, we will do more cases, however, we have currently 33 cases still open from the prior contract year and therefore we don't anticipate being able to do more than 24 additional cases. The 24 cases will include both detained and non -detained depending upon community need. The actual number served will depend on factors beyond our control such as: the number of individuals who have no relief available to them or who seek voluntary departure, the number of individuals whose cases proceed to a trial (merits hearing) while detained versus clients released on bond, and the level of cooperation from EOIR or ICE in assisting with client accessibility and case calendaring. Nevertheless, we expect and understand that many cases will require representation beyond the contract year because of the immigration court backlog for individuals who are released from detention but whose cases are still pending final adjudication. For these clients, ImmDef is committed to continue our representation of them beyond the contract year and until final adjudication. For the 2021- 2023 contract we have adjusted our case cost and budget. In accordance with the reimbursement rates with the State of California, detained cases are reimbursed at a rate of $8,000 and non -detained cases at a rate of $7,000 for full -scope representation. We are also taking into account the realities of COVID-19 and its effect on the backlog in immigration court; some cases are extended until 2024. Within our $200,000 budget we have included $20,000 to go towards litigation costs such as mental health and country condition experts which will provide much needed support on our cases and possibly improve the outcomes. 6) What is start date for providing immigrant legal representation in your jurisdiction? Please describe your program implementation timeline. Please indicate if you have already hired staff to work under this funding. Indicate if you have already started providing legal services. If you have not hired staff, please indicate your expected timeline to staff up and start accepting clients under this funding. Please describe how your program will collaborate and engage with key community stakeholders to educate the community about the program. Since 2017, ImmDef has been the City's LSP to provide immigration legal defense to Santa Ana residents, and has been providing such services consistently ever since —with no gap in the provision of services. The start date of the services as prescribed in this new contract will be upon execution of the contract. Since we will be continuing from a previous grant, the staff who are already employed under this program will continue providing legal representation under this contract. We ask that this contract start date be retroactive to begin on Feb 1, 2021 so there is no gap in payment from our previous contract ending on City Council 28 — 20 3/16/2021 EXHIBIT A January 31, 2021. This allows us to continue representing our clients without any disturbance in representation due to funding or contract gaps. ImmDef has continued representation despite the end of the contract in good faith that our partnership with the City of Santa Ana would continue. Information regarding our community stakeholders is in the next answer to Question #7. 7) Please describe how your organization plans to grow and sustain your publicly funded program over the next two years. Please include information about the organizations, coalitions, and/or public figures in your jurisdiction who are supportive of the universal representation program and who are critical to building public support for the program. Please also include information regarding how you will engage clients, family members, and immigrant community members in your efforts to raise awareness and grow your program and how impacted communities will become aware of your work. The Santa Ana Deportation Defense Fund will benefit from the relationships and work we established through the Santa Ana SAFE program. SAFE was the collective result of advocacy between local legal service providers, including ImmDef, Orange County based -law schools, and other community stakeholders. Together with the Vera Institute of Justice catalyst funds, the City of Santa Ana included an additional $65,000, bringing the Year 1 grant total to $165,000. After being awarded the contract, ImmDef remained active in supporting continued advocacy efforts for the SAFE program. This included participation in City Council meetings, press conferences supporting universal representation, and a written report to the City of Santa Ana, providing an update and review of the project at the end of Year 1. This advocacy resulted in a Year 2 award of $80,000 for the immigration defense legal fund, an increase over the initial $65,000 provided by the City of Santa Ana. In Year 3 we entered a contract directly with the City of Santa Ana for an amount of $180,000 with an additional $20,000 granted to cover the contract gap period. ImmDef has had the opportunity to work with one of the most vocal supporters on the Santa Ana City Council, former Councilmember Vicente Sarmiento—now the elected Mayor. Mayor Sarmiento provided valuable feedback on the issues most pressing for the City Council, including highlighting the number of Santa Ana residents and families being served by this program and underscoring the benefits of universal representation to all immigrants, with an emphasis on vulnerable populations such as veterans and DACA recipients. ImmDef provided testimony to the City Council highlighting our work, including results from a case of a mentally ill Santa Ana resident, who through our representation, obtained another chance to present his case to the immigration court. What we believe was most impactful to the City Council was the high number of Santa Ana residents being assisted through this project, demonstrating the importance and need of this service in the community and the personal stories of the individual cases we have represented. ImmDef will continue to participate and speak at several press conferences and community forums, including virtual and in -person, on detention and ICE enforcement in local communities in partnership with Resilience OC, a local advocacy organization and key supporter of universal representation. ImmDef also works in collaboration with other local OC legal service providers, including Public Law Center, Catholic Charities, and community stakeholders like Friends of Orange County Detainees. ImmDef is one of the organizations receiving referrals from the Orange County Deportation Defense Collaborative, a forum for referrals of impacted immigrants to be shared and made to legal service partners. For the future, ImmDef will continue to work with supporters and advocates and Resilience OC, OC Rapid Response Network, and OC Justice Fund to ensure funding for universal representation in Santa Ana. City Council 28 — 21 3/16/2021 EXHIBIT A Some advocacy plans include facilitating visits from former clients and family members who have benefited from the program with council members and raising the visibility of success stories of long-time Santa Ana residents who have obtained relief through various social media and other outreach events. We also continue to participate in community forums to help educate the public about our removal defense project to ensure that Santa Ana residents are aware of these available services. ImmDef receives technical assistance from Vera and they collect data for us to report back to the city for advocacy. 8) Vera has created a secure online database and will be collecting data on the legal services performed by the LSPs for the purposes of program management and reporting. Please indicate your willingness and plan to cooperate with Vera's data collection efforts. Please indicate which staff will be inputting data on to the database and how often this will be done. Also indicate which staff will be finalizing the submission of the data to Vera. Specifically address your organization's capabilities to continue to report on all cases represented by your organization under this grant through the ultimate dispositions of those cases, some of which will inevitably continue long after the end date of the subcontract. ImmDef has a long track record of successfully collecting and reporting on data through programs administered by the Vera Institute of Justice. Depending on the data that is to be gathered, data is initially submitted either by Staff Attorney or Paralegal. All data will be reviewed by the Managing Attorney and ultimately approved by our Legal Services Director prior to submission. ImmDef has successfully launched and sustained multiple high -volume and impactful deportation defense programs that maintain representation through ultimate disposition of cases. Our organization is at present successfully executing grants and contracts from 20 different sources that include federal, state and local government entities, private foundations, and individual donors. Our program staff and administrative staff work together to ensure that communication is strong, and all reports and data are submitted in a timely fashion. In 2018, in response to our growing portfolio of funders, ImmDef hired additional administrative staff to ensure that all reporting was submitted. In 2019, ImmDef hired two Development and Communication staff who are responsible for managing the reporting calendars submitted on time and ensuring communications with program staff is clear regarding all contract deliverables. 9) Provide a Budget Narrative to accompany your Budget Worksheet (templates attached). Narratives should describe each line item in the budget. In other words, you should list every staff person included in the Personnel section of the Budget Worksheet and briefly describe their duties. For the Other than Personnel Expenses (OTPE) line items, please briefly describe each item and what is included in your calculation so that it is clear what is being covered by subcontract funds. Budget's should be prepared based on a one-time payment for the cases listed in Question 5. SALARIES (by staff member, including title and FTE): Name Position Base Annual Annual FTE on Program Total Salary Fringe (Base Annual City Council 28 — 22 3/16/2021 EXHIBIT A Salary x fringe %) Lisa Directing $94,396 21,711 5% $5,805 Okamoto Attorney Iliana Alexis Managing $77,250 $17,768 7% $6,651 Gomez Attorney Sandra Staff $61,000 $14,030 80% $60,024 Patlan Attorney Sara Paralegal $51,418 $11,826 75% $47,433 Poblano Madeline Case $43,680 $10,046 30% $16,118 McCormick Management Associate Joyce Director $118,450 $27,244 3% $4,371 Noche FRINGE COSTS (how they are calculated): The fringe costs for ImmDef are calculated by dividing the sum of all the fringe costs for our staff by the total of the salaries of all of ImmDef's staff. The fringe costs include 100% coverage of employee health benefits, 75% coverage for dependents, dental, vision, matching contributions to 401K plans in FY 2021, life insurance, and other employee benefits including generous vacation/leave packages. Other Than Personnel Expenses (OTPE):(The categories listed below are illustrative, not exhaustive. You may add additional categories as necessary. Be specific in describing how costs are calculated or determined.) The following costs have been proportionally allocated to this budget. This amount was calculated by dividing total full-time equivalent number of staff for this project (2) by the total number of ImmDef staff (116), or 1.72%. LOCAL TRAVEL: Mileage rate: $0.56/mile (ImmDef uses the federal rate) Litigation Costs: $20,000: This will cover costs associated with hiring mental health and country condition experts to increase the chances of success for our clients cases. Immigrants have a heavy burden in proving their claim, and require ample evidence that clients often cannot afford. Psychological evaluation City Council 28 — 23 3/16/2021 EXHIBIT A from mental health professionals are necessary to prove the credibility of clients and country condition experts are indispensable resources to prove to the court the true dangers our clients face if deported. RENT & OCCUPANCY: The cost of our rent and utilities has been proportionally allocated to this budget by the percentage of our total FTE of our total staff. Additionally, we pay for parking for our staff members at nearby parking lots near the building. LOCAL TRAVEL: Mileage rate: $0.58/mile ImmDef uses the federal rate. Local Travel Roundtrip mileage Santa Ana to Los Angeles 102 Santa Ana to Adelanto 178 OFFICE SUPPLIES: ImmDef's office supply costs have been proportionally allocated to this budget by the percentage of our total FTE of our total staff. PRINTING & COPYING: ImmDef's printing and copying costs (which include maintenance of equipment, toner, ink and paper) have been proportionally allocated to this budget by the percentage of our total FTE of our total staff. POSTAGE: ImmDef's postage costs have been proportionally allocated to this budget by the percentage of our total FTE of our total staff. TELEPHONE: The cost of our office phone and fax has been proportionally allocated to this budget by the percentage of our total FTE of our total staff. INTERNET: The cost of our internet through has been proportionally allocated to this budget by the percentage of our total FTE of our total staff. DATABASE/ONLINE SERVER: ImmDef utilizes an online server/database system through Microsoft Office 365 and Sharepoint. The cost of this system has been proportionally allocated to this budget by the percentage of our total FTE of our total staff. City Council 28 — 24 3/16/2021 EXHIBIT A CASE MANAGEMENT SYSTEM (Cerenade): ImmDef utilizes a case management system (Cerenade) to manage all of our client data. The cost of this system has been proportionally allocated to this budget by the percentage of our total FTE of our total staff. IT EQUIPMENT: To account for damage to equipment during frequent travel to and from the shelters, ImmDef anticipates needing to purchase one laptop during this contract year. Governance & Administration RATE: ImmDef's governance and administration rate does not include overhead costs; we calculate this rate by dividing the costs listed by ImmDef's total budget to get the of the overall budget that these costs represent. This comes out to 14%. This rate covers the following costs: Executive and Administrative Support Salaries; Insurance of Various Types (including malpractice); Accounting; Audit; Payroll Processing; Taxes; Bank Fees; Legal Fees 10) Please attach your organization's operating budget for the current fiscal year. Attached Separately. 11) What support or technical assistance from Vera would be most helpful to your program? Please include any additional relevant details. The menu of services includes legal training for LSPs, assistance with stakeholder relationships, research and data reporting, and strategic communications support. ImmDef would be most interested in receiving assistance from Vera for political strategy to continue this grant for the long-term. ImmDef would also be interested in working with Vera on a media strategy to highlight deportation defense and universal rep for SA and the larger OC community. 12) Share additional information as you see fit, including any additional funding available to your organization to support the proposed services. The COVID-19 pandemic has changed the way we provide services. Now that COVID-19 positive cases have begun to stabilize, our staff has resumed going to the Adelanto Detention Center when necessary. It is more imperative than ever to ensure the City of Santa Ana has a clear understanding of the life of immigration cases. For example. COVID-19 has caused extreme backlog. The non -detained docket has also slowed down considerably; many cases have been cancelled and rescheduled for 2022. Without a multi- year contract our representation is disrupted and the outcomes of our clients' cases will be affected. We are in a unique time in history with ever -changing policies set forth with a new administration. With this in mind, it is more important than ever for as many Santa Ana residents to have access to counsel under the universal representation model. In addition, continuing to prevent detention and fighting for Santa Ana residents to be freed from detention is in and of itself a success. Together we will be able to fight to keep Santa Ana families together, and on a path to contribute to their work, families, and communities without fear. While we will not be subsidizing this program directly beyond case management support, we will be continuing this program within the context of an organization with multiple other funding sources that are supporting our detained and released deportation defense. The Santa Ana staff members will benefit from being part of a larger team which will results in a larger number of template motions, trainings, and other resources being available to them. Additionally, because we have a large team working at Adelanto, this project will benefit from the ability to have other ImmDef staff members cover hearings, submit filings, visiting clients, and other support to ensure efficiency in our representation. City Council 28 — 25 3/16/2021 EXHIBIT A ATTACHMENTS TO FOLLOW - PROGRAM BUDGET - ORGANIZATIONAL BUDGET - STAFF RESUMES, BAR NUMBERS, AILA MEMBERSHIP INFORMATION City Council 28 — 26 3/16/2021 Immigrant Defenders Law Center 2020 Budget In Total TOTAL Funding available as of January 1, 2020 $ 3,979,654 Revenue - 45500 Individual Donors 250,000 45600 Contracts/Grants 7,166,162 Total Revenue 7,471,162 Total Funding Available for 2020 11,450,816 Expenses - 72000 Payroll Expenses 6,719,224 75670 Professional Fees 228,300 75680 Legal Expenses 16,301 75681 Research Services 10,000 75682 IT Service 40,000 75760 HR & Payroll Service fees 76,000 81490 Office Supplies 42,000 81500 Printing & Copying 26,883 81650 Postage and Delivery 20,000 81800 Telecommunications 82,840 82240 Depreciation Expense 18,000 82371 Rent Expense 469,800 82375 Parking Stipend 40,000 82495 Equipment purchase 20,000 82500 Moving Expenses 6,600 82602 Automobile Expense 100 82720 Repairs and Maintenance 2,500 82860 Utilities 1,584 83430 Meals and Entertainment 3,500 83450 Conference and Meetings 9,000 83460 Special Event Expenses 75,000 83850 Mileage, Local Travel & Parking 103,337 83870 Lodging 10,000 84220 Client Court Costs 12,000 84235 Materials and Publications 500 84675 Probono Support 2,000 85040 Bank Service Charges 15,000 85180 Software, Subscriptions & Web 52,340 85250 Dues and Memberships 12,200 85300 Bar Dues & Fees 26,000 85330Insurance Expense 50,000 85440 Staff & Board Development 18,000 85450 Professional Development 56,000 85600 Advertising, Promotion, Corn Sup 17,000 86900 License, Permit, & Property Tax 1,500 Total Expenses 8,283,508 Total funding remaining for 2021 $ 3,167,311 City Council 28 - 27 3/16/2021 Santa Ana Deportation Defense Fund Applicant Name: Immigrant Defenders Law Center Date Prepared: 1/28/2021 Funder: City of Santa Ana Project LFI Budget Code Santa Ana_ LFI_2.21_1.23 Start Date 2/1/2021 End Date 1/31/2022 Personnel Expenses Staff Name Position Category Base Annual Salary Annual Fringe o/o FTE on Program Total (Base Annual Salary x fringe LA/LB/SA/Riverside McCormick, Madeline C Case Management Associate $ 43,680 $ 10,046 30.0% $ 16,118 Poblano, Sarah Paralegal $ 51,418 $ 11,826 75.0% $ 47,433 Patlan, Sandra Staff Attorney $ 61,000 $ 14,030 80.0% $ 60,024 Gomez, Iliana Managing Attorney $ 77,250 $ 17,768 7.0% $ 6,651 Okamoto, Lisa Directing Attorney $ 94,396 $ 21,711 5.0% $ 5,805 Noche, Joyce Director $ 118,450 1 $ 27,244 1 3.0%1 $ 4,371 TOTAL PERSONNEL EXPENSES 200% $ 140,402 TOTAL % OF FTE 1.72% Other Than Personnel Expenses (OTPE) Expense Ex lanation Total Litigation Costs Mental health & Country Condition Experts $ 20,000 Rent & Occupancy Costs [Yearly $amount] * %FTE $ 8,276 Office Expenses including equipment [Yearly $amount] * %FTE $ 1,724 Software[Yearly $amount * %FTE $ 1,293 Local Travel (See "Local Travel" Tab) $ 1,882 Telephone and Internet [Yearly $amount] * %FTE $ 1,207 Postage [Yearly $amount] * %FTE $ 603 Printing & Copying [Yearly $amount] W %FTE $ 345 G & A Rate 14.00% $ 24,268 TOTAL OTPE EXPENSES $ 59,597 TOTAL BUDGET; $ 200,000 City Council 28 - 28 3/16/2021 Lisa Okamoto Bar Number: 300051 AILA Membership Number: 40572 City Council 28 — 29 3/16/2021 LISA K. OKAMOTO BAR ADMISSION: State of California, December 2014 EDUCATION Brooklyn Law School, Brooklyn, NY, J.D., cum laude Aug. 2011 — May 2014 Awards: CALI Excellence for the Future Award in Appellate Advocacy Fellowships: Edward V. Sparer Fellowship, Brooklyn Law Students for the Public Interest Summer Fellowship Scholarships: Centennial and Academic Achievement Grants, Sho Sato Memorial Scholarship, Japanese American Bar Association Scholarship Pitzer College, Claremont, CA, B.A. in Linguistics and Spanish Aug. 2001 — May 2005 Award: Fulbright Scholarship, Madrid, Spain LEGAL EXPERIENCE Immigrant Defenders Law Center, Los Angeles, CA, Managing Attorney Apr. 2017-present Supervise a team of staff attorneys representing low-income undocumented children in immigration removal proceedings. Coordinating and supervising law student interns. Participate in development of universal representation program. Representing and pursuing forms of relief in court and through administrative agencies for undocumented children. Filing petitions seeking custody and guardianship orders in state family and probate court. Immigrant Defenders Law Center, Los Angeles, CA, Staff Attorney Sept. 2015 — Apr. 2017 Representing low-income undocumented children in immigration removal proceedings. Pursuing forms of relief in court and through administrative agencies. Filing petitions seeking custody and guardianship orders in state family and probate court. Coordinating law student and volunteer outreach efforts. Esperanza Immigrant Rights Project, Catholic Charities of LA, Los Angeles, CA, Staff Attorney Dec. 2014 — Sept. 2015 Represented low-income undocumented children in immigration removal proceedings. Filed petitions seeking custody and guardianship orders in state family and probate court. Provided community education to pro se respondents in court. Public Counsel, Los Angeles, CA, Summer Law Clerk— Community Development May 2013 — Aug. 2013 Aug. 2014 — Sept. 2014 Researched and analyzed City's compliance with earlier promises to preserve and create affordable housing and helped draft public comment on City's proposed plan. Researched Korean speaking Section 8 tenants' rights to notice of eviction in Korean. Researched legal issues surrounding incorporation. Drafted contracts for non-profit organizations and small businesses Brooklyn Law School Legal Services Corp, Brooklyn NY, Community Development Clinic Jan. 2014- May 2014 Provided legal assistance for existing and new non-profit organizations in Brooklyn. Researched non-profit corporate governance issues. Drafted bylaws and helped clients file for federal tax-exempt status. South Brooklyn Legal Services, Brooklyn, NY, Elder Rights Clinic Intern Aug. 2013 — Dec. 2013 Represented older adults in eviction hearings in administrative proceedings. Researched procedural protections for public housing tenants and drafted post -hearing brief in support of maintaining tenancy for low-income tenant. Honorable Dora L. Irizarry, U.S. District Court, E.D.N.Y., Brooklyn, NY, Judicial Intern Jan. 2013 — May 2013 Researched issues presented in summary judgment motion and wrote memorandum recommending disposition. Drafted proposed opinions in response to motion for judgment on pleadings regarding denial of Social Security disability benefits. NY State Attorney General's Office, Consumer Protection Bureau, Brooklyn, NY, Law Clerk Aug. 2012 — Dec. 2012 Interviewed elderly and non-English speaking consumers to monitor deceptive business practices. Wrote internal memoranda on procedural and evidentiary issues to protect consumer rights. Documented price gouging during Hurricane Sandy. AARP Foundation Litigation, Pasadena, CA, Summer Law Clerk May 2012 — Aug. 2012 Researched and wrote memoranda on federal public benefits, age discrimination in employment, grandparent visitation rights, and implications of Affordable Care Act. Researched and helped draft public comment on changes to federal regulations. OTHER EXPERIENCE Medicare Rights Center, New York, NY, Client Service Associate Sept. 2009 — May 2011 Assisted Mcclinare beneficiaries, through arwncac; cas,ewnrk� erincatinn� And p nlir.X initiative-, in F.nglich Spanish, and Japanese. MaQ*d3eLmdtr-based consumer helpline. Gave trainir28o-p3&ssionals about Medicare 3hil6 WRcUre appeals. LISA K. OKAMOTO Little Tokyo Service Center, Los Angeles, CA, Case Manager and Resident Service Coordinator Dec. 2006 — Jul. 2009 Provided resources and advocacy for vulnerable adults in Los Angeles County and at HUD -subsidized buildings. Coordinated educational programs about caregiving, fraud prevention, Medicare, and managed care. LANGUAGES: Fluent in Japanese and Spanish. City Council 28 — 31 3/16/2021 Joyce Noche Bar Number: 254678 AILA Membership Number: 41013 City Council 28 — 32 3/16/2021 Joyce L. Noche, Esq. BAR ADMISSION California - SBN 254678 New York - SBN 389986 LEGAL EXPERIENCE Immigrant Defenders Law Center, Los Angeles, CA - January 2018 - present Legal Services Director Direct and manage adult representation programs for ImmDef, including ImmDef s locally -funded initiatives in Los Angeles, Orange County, and San Diego. Stone Grzegorek & Gonzalez LLP, Los Angeles, CA - July 2016 - January 2018 Senior Attorney, Family Removal Group Led case management and supervision of Family Removal Group staff, direct client representation before USCIS, EOIR, and the Superior Court of California. Public Law Center, Santa Ana, CA - September 2013-Present Directing Attorney, Immigration Unit Directed and managed Immigration Unit, provided volunteer and pro bono MCLE trainings, led grant and program development, and direct client representation before USCIS, EOIR, and the Superior Court of California. Asian Americans Advancing Justice, Los Angeles, CA - December 2011- August 2013 Supervising Attorney, Immigration and Citizenship Project Supervised and managed Immigration and Citizenship Project staff, oversaw program development and grant management, including management of local and national naturalization projects, and development of DACA direct services clinics, Served on the legal team that supported youth leadership in the creation and implementation of the DACA program in 2012. U.S. Department of Homeland Security, USCIS, Los Angeles, CA - August 2006 - December 2011 Supervisory Asylum Officer, Quality Assurance Trainer, Asylum Officer Served from 2008 - 2011 as a supervisory asylum officer, supervising a team of asylum officers on applications for asylum, NACARA, and termination of asylum status. Conducted performance reviews in compliance with asylum officer basic training guidelines. Provided training on country conditions, law and procedure and reviewed decisions to ensure quality adjudication. As an asylum officer, adjudicated over 300 asylum applications. City Council 28 — 33 3/16/2021 Legal Momentum, Washington, D.C. - February 2003 - December 2005 Staff Attorney, Immigrant Women Program Provided technical assistance, training, and legislative advocacy for immigrant women's rights in the United States. Trained attorneys and advocates on the intersection of family law, immigration law, and domestic violence. Developed training curricula through funding with the U.S. Department of Justice, Office on Violence Against Women, on domestic violence, sexual assault, cultural competency, family and immigration law. The Legal Aid Society of New York, Civil Division, New York City, NY - September 1999 - March 2003 Equal Justice Works Fellow, StaffAttorney Developed and directed a project providing direct representation to immigrant victims of domestic violence in the areas of family law, immigration, public benefits, and housing. Prepared and represented clients in areas of victim -based immigration relief, including VAWA applications and I-751 battered spouse waivers. Represented immigrant victims in family laws cases, including orders of protection, divorce, child custody and child support EDUCATION University of California, Davis School of Law, Davis, CA J.D., May 1999 Honors: Martin Luther King Jr. Public Service Award Recipient, Peggy Browning Fellowship Recipient for Labor Law, Asian Bar Association of the Greater Bay Area Scholarship Recipient, Asian Bar Association of Sacramento Scholarship Recipient University of Southern California, Los Angeles, CA B.A. in Political Science 1996 Honors: Sacramento 46th Annual Legislative Fellow, Dean's List SKILLS and PROFESSIONAL ASSOCIATIONS Tagalog (proficient), Spanish (conversant), Member Orange County Bar Association - Immigration Section, AILA, New York State Bar Association City Council 28 — 34 3/16/2021 MADELINE MCCORMICK EDUCATION University of California, Berkeley - Bachelor of Arts in Rhetoric, with High Honors August 2014 - May 2018 Minors: Education; Global Poverty and Practice I GPA: 3.78 EXPERIENCE Case Management Associate - Immigrant Defenders Law Center, Los Angeles, CA January 2020- Present • Works collaboratively with clients, attorneys, and area resources to connect clients to a variety of supportive services, related to basic needs, emergency housing and shelter, medical, mental health, education, legal, and transportation needs, among others. • Supports attorneys with immigration legal cases through identifying key areas and available services for detained clients and forming plans for release based on client's individual needs. • Builds partnerships with service organizations to advocate for expansion of local services. Administrative Assistant -Immigrant Defenders Law Center, Los Angeles, CA July 2019 - December 2020 • Supported National Qualified Representative Program team of up to 10 attorneys in all administrative needs, including court filings, mailings, client communication, office organization, among others. English Language Teacher - Colegio Ciudad de Los Muchachos, Madrid, Spain Aug. 2018- June 2019 • Planned, created, and taught all lesson plans and course materials for English as a foreign language to students ages 9-16 years old. Facilitated classroom to foster a welcoming learning environment and accommodate for different academic levels and learning styles. • Collaborated with 9 teachers and faculty members on best practices in the classroom. Event Coordinator (June -August 2018); Intern (May -August 2017) - Mixteco/Indigena Community Organizing Project, Oxnard CA • Assisted in coordinating annual fundraising event, "Night in Oaxaca." Tasks ranged from sponsorship collaborations, volunteer/staff coordination, social media strategy, and marketing the event (2018). • Recruited, trained, and led group of 35 volunteers for "Night in Oaxaca" event (2017/18). • Helped translate and edit annual reports and public notices from Spanish to English (2017/18). Research, Office, Course Assistant- Professor R. Naddaff, UC Berkeley, CA March 2017- May 2018 • Collaborated with team of 5 to develop and implement a pilot course in the Art of Writing program: "Seeing as Believing, Writing on the Humanities." Developed lesson plans and assignments, served as individual writing tutor, and helped facilitate weekly class. • Assisted with various stages of research projects, including gathering, tracking, and analyzing data. • Maintained organizational practices for Professor's work in both Rhetoric and Art of Writing programs. Policy Intern - Center for Democracy in the Americas - Washington, D.C. May - August 2016 • Reported developments in congressional legislation pertaining to Cuba, included attending and following congressional hearings, conferences, and events held by other Cuba -related NGOs. • Worked with team of 3 to write and edit "Cuba Central Newsbrief." Updated and maintained CDA's website and social media sites. AWARDS AND SHILLS • Rhetoric Honors Thesis -"Blank Canvas, High Stakes: Art in Revolutionary Cuba" • Dean's List -Spring 2017, Spring 2018; High Honors -Fall 2014, Fall 2016, Spring 2016 • Recipient - 2017 Global Poverty & Practice Minor Fellowship; 2018 Wollenberg Research Fellowship • Language ability: Fluent in Spanish and English, working proficiency in Catalan. City Council 28 — 35 3/16/2021 ILIANA ALEXIs GOMEZ EDUCATION UCLA School of Law, Los Angeles, California J.D. Candidate, May 2017 UC Berkeley, Berkeley, California B.A., Legal Studies, May 2014 Honors. Magna Cum Laude EXPERIENCE Immigrant Defenders Law Center, Los Angeles, CA August 2017-Present .Staff Attorney, NeQRP ■ Represented immigrants deemed mentally incompetent to represent themselves in immigration court, wherein such cases heavily involve criminal -immigration issues. ■ Had a denial overturned by the Board of Immigration Appeals under a clear error standard. ■ Granted asylum on three cases for mentally ill men from Mexico. ■ Granted asylum for a mentally ill woman from El Salvador. ■ Granted asylum for a bisexual man from El Salvador. ■ Granted termination after extensive briefing regarding the standard for granting relief in immigration court after post -conviction relief. The Bronx Defenders, Bronx, New York Legal Intern, Immigration Practice Summer 2016 ■ Worked with removal defense and plea consult practices; work primarily focused on issues at the intersection of immigration law and criminal law. ■ Conducted legal research on array of issues, including criminal bars to immigration relief and the interplay between criminal convictions and both removal and inadmissibility. ■ Drafted briefs, including a brief arguing that a client was eligible for withholding of removal. ■ Participated in six -week trial advocacy course taught by office staff attorneys, learning about opening statements, direct and cross examination, and closing statements. UCLA School of Law Asylum Clinic, Los Angeles, California Student, Public Counsel Placement Spring 2016 ■ Worked one day a week at Public Counsel as part of semester -long clinical course ■ Worked with student partner and client to prepare asylum application to submit to USCIS. ■ Drafted client declaration; completed I-589 form, researched and compiled country conditions evidence. ■ Worked with client in removal proceedings, communicated directly with client and two ,,iritnesses to draft client and witness declarations. CARECEN Youth Deportation Clinic, Los Angeles, CA l,'olunteer Fall 2015 ■ Conducted intake interviews of undocumented immigrant youth in Spanish to assist attorneys with City Council 28 — 36 3/16/2021 Los Angeles Center for Law and Justice (LACLJ), Los Angeles, California Summer 2015 Law Clerk, Teen Division ■ Worked under supervision of four attorneys, aiding in representation of teen parents on immigration and family law matters; matters included issues of custody, visitation, child support, restraining orders, and domestic violence. ■ Conducted legal research on issues of family law and immigration and wrote internal memoranda. ■ Prepared U-Visa applications, encompassing meeting with clients, gathering facts, and helping draft declarations and waivers, speaking with law enforcement to request U-Certifications, and completing relevant USCIS forms. ■ Completed subpoena requests, custody petitions, and requests for restraining orders, drafted declarations, and letters. ■ Met with clients individually and communicated with clients by phone and through email both in English and in Spanish. Our Lives Matter, Oakland, California Intern Spring 2014 As part of a team of three students, researched organizations and resources in Northern California that support incarcerated individuals and their families; developed publication providing description of organizations and resources, including contact information, services provided, and eligibility requirements for accessing of services. Developed online, searchable "Resource Map," including location of and contact information for each organization and resource. Project What!, Oakland, California Intern Fall 2013 ■ Interviewed teens who had incarcerated parents in order to document their stories and educate the public about the widespread effects of incarceration. LANGUAGES Fluent in Spanish City Council 28 — 37 3/16/2021 Public Works Agency https://www.santa-ana.org/pw Item # 29 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: Certification of Final Parcel Map 2018-02 AGENDA TITLE Receive and File Certification of Approval by City Engineer of Final Parcel Map 2018-02 (2110, 2114, and 2202 East First Street [Owner: Broomell Commercial Properties, LLC]) RECOMMENDED ACTION Receive and file certification of approval by City Engineer of final Parcel Map 2018-02. DISCUSSION In California, regulation and control of the division of real property is vested in the legislative bodies of local agencies by the Subdivision Map Act. In the City of Santa Ana, the regulations and processes are provided in Chapter 34 of the Santa Ana Municipal Code (SAMC), which pursuant to Section 34-126 and 34-127, includes the approval of tentative maps by either the Zoning Administrator or the Planning Commission, as appropriate. Following approval of a tentative map by the approving body, the property subdivider prepares and submits a final map to the City Engineer for approval. If the final map is in the correct form prescribed by the Subdivision Map Act and Chapter 34 of the SAMC, and all conditions set forth in the tentative map are met, the final map shall be approved by the City Engineer. The Zoning Administrator approved a tentative map for 2110, 2114, and 2202 East First Street on July 31, 2019. City Council was informed of the Zoning Administrator's approval at its August 20, 2019 meeting. The City Engineer has received Final Parcel Map No. 2016-165 (City Parcel Map No. 2018-02) for the referenced subdivision from Joy Hendricks representing property owner Broomell Commercial Properties. This final parcel map (Exhibit 1) merges two existing lots into one parcel for the purpose of creating two air -space condominium units - one unit per building. The subject site is located in the General Commercial (C-2) zoning district and has a General Plan land use designation of District Center (DC). The site is located in the Metro East Mixed Use (MEMU) Overlay Zone (OZ-1). The City Engineer is in the process of reviewing the map for technical accuracy and final approval. This action informs the City Council of the imminent approval of the referenced subdivision based upon the Subdivision Map Act and meeting all the conditions of City Council 29 — 1 3/16/2021 Certification of Final Parcel Map 2018-02 March 16, 2021 Page 2 approval set by the City. Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of March 16, 2021. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Parcel Map Submitted By: Nabil Saba, P.E., Executive Director Public Works Agency Approved By: Kristine Ridge, City Manager City Council 29 — 2 3/16/2021 SHEET 1 OF 6 SHEETS ALL OF TENTATIVE PARCEL MAP N0. 2016-165 1 NUMBERED PARCEL GROSS AREA: 6.851 ACRES NET AREA: 6.774 ACRES PARCEL MAP NO. 2016-165 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT, AS SHOWN ON A MAP FILED IN BOOK 2, PAGES 618 AND 619 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY. EDWARD L. REYNOLDS DATE OF SURVEY: L.S. 7725 CONs TINS, iNc. FEBRUARY 2019 ACCEPTED AND FILED AT THE REQUEST OF FIDEUTY NATIONAL TITLE COMPANY TIME FEE 8 INSTRUMENT NO. BOOK PAGE HUGH NGUYEN COUNTY CLERK —RECORDER BY DEPUTY FOR CONDOMINIUM PURPOSES OWNERSHIP CERTIFICATE SURVEYOR'S STATEMENT WE, THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. AT THE REQUEST OF AMG & ASSOCIATES, LLC, ON MAY 16, 2016. 1 HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL WE HEREBY IRREVOCABLY OFFER TO DEDICATE IN FEE TO THE PUBLIC FOR STREET PURPOSES: BE SET IN SUCH POSITIONS WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS; AND THAT FIRST STREET. SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE WE ALSO HEREBY DEDICATE TO THE CITY OF SANTA ANA AN EASEMENT FOR SANITARY SEWER AND PARCEL MAP, IF ANY. ACCESS PURPOSES AS SHOWN ON SHEET 6 OF THIS MAP AS EASEMENT NOTE "[fl". NPV L'� WE ALSO HEREBY DEDICATE TO THE CITY OF SANTA ANA A NON—EXCLUSIVE EASEMENT FOR S" y`+o �' REY p EMERGENCY VEHICULAR ACCESS PURPOSES AS SHOWN ON SHEET 4 OF THIS MAP AS EASEMENT "�B NOTE 12/16/2020 No. 7725 WE ALSO HEREBY RELEASE AND RELINQUISH TO THE CITY OF SANTA ANA ALL VEHICULAR ACCESS EDWARD L. REYNOLDS DATE 'F RIGHTS ALONG FIRST STREET, EXCEPT AT APPROVED ACCESS LOCATIONS, AS SHOWN ON THE CITY L.S. 7725 APPROVED STREET IMPROVEMENT PLANS FOR THIS PROJECT AND SUBSEQUENT PROJECTS. FOF CA��F BROOMELL COMMERCIAL PROPERTIES, L.P., A CALIFORNIA LIMITED PARTNERSHIP. COUNTY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING BY: BY; PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT. NAME: NAME: TITLE: TITLE: DATED THIS DAY OF 202D. NOTARY ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF SS ON THIS DAY OF 2020, BEFORE ME, A NOTARY PUBLIC, PERSONALLY APPEARED , WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRIMED) MY COMMISSION NO. MY COMMISSION EXPIRES SIGNATURE OMISSIONS PURSUANT TO THE PROVISIONS OF SECTION 66436(a)(3)(A) OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED: 2020 E. FIRST, LLC, A DELAWARE LIMITED LIABILITY COMPANY, HOLDER OF AN EASEMENT FOR ACCESS AND PARKING, RECORDED NOVEMBER 9, 2018 AS INSTRUMENT NO. 2018000406828. OFFICIAL RECORDS. SANTA ANA PACIFIC ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP AND SANTA ANA PACIFIC ASSOCIATES II, A CALIFORNIA LIMITED PARTNERSHIP, HOLDER OF AN EASEMENT FOR RECIPROCAL ACCESS AND PARKING PURPOSES, RECORDED NOVEMBER 9, 2018 AS INSTRUMENT NO. 2018000406834, OFFICIAL RECORDS. ORANGE COUNTY SANITATION DISTRICT HOLDER OF AN EASEMENT FOR PUBLIC SEWER PURPOSES, RECORDED MAY 20, 2020 AS INSTRUMENT NO. 2020000228088, OFFICIAL RECORDS. PACIFIC BELL TELEPHONE COMPANY HOLDER OF AN EASEMENT FOR UNDERGROUND COMMUNICATION FACILITIES AND RIGHTS INCIDENTAL THERETO RECORDED NOVEMBER 18, 2020 AS INSTRUMENT NO. 2020000668559, OFFICIAL RECORDS. SAID EASEMENT BEING INDETERMINATE FROM RECORD. NOTES 1. COVENANTS, CONDITIONS, AND RESTRICTIONS ARE TO BE RECORDED CONCURRENTLY WITH THIS MAP TO ADDRESS INGRESS -EGRESS, DRAINAGE, PRIVATE UTILITIES, EMERGENCY VEHICULAR ACCESS, AND MAINTENANCE FOR THESE AND OTHER INCIDENTAL PURPOSES INCLUDING LANDSCAPE MAINTENANCE AND PRIVATE DRIVEWAY BY THE OWNERS ASSOCIATION. 2. THIS MAP IS APPROVED AS ONE RESIDENTIAL CONDOMINIUM UNIT AND ONE COMMERCIAL CONDOMINIUM UNIT. IMPROVEMENT CERTIFICATE PURSUANT TO THE PROVISION OF SECTION 66411.1 OF THE SUBDIVISION MAP ACT, NOTICE IS HEREBY GIVEN THAT PUBLIC IMPROVEMENTS ARE REQUIRED TO BE CONSTRUCTED OR SECURITY POSTED AS GUARANTEE FOR SAID IMPROVEMENTS IN ACCORDANCE WITH THE FOLLOWING: 1. COMPLY WITH THE CONDITIONS AND REQUIREMENTS OF TENTATIVE PARCEL MAP NO. 2016-165, APPROVED BY THE CITY COUNCIL ON 2. COMPLY WITH THE REQUIREMENTS OF DEVELOPMENT PROCESSING MEMORANDUM NO. 2016- 33 DATED SEPTEMBER 1, 2016, JANUARY 18, 2017, JUNE 6, 2017, OCTOBER 11, 2017, FEBRUARY 1 2018, AND MARCH 29, 2018. NOTE: THIS MAP IS EXCLUDED FROM BEING DEFINED AS A FINAL MAP PURSUANT TO SECTION 66426(C) OF THE SUBDIVISION MAP ACT IN THAT THE LAND IS ZONED COMMERCIAL OR INDUSTRIAL. KEVIN R. HILLS, COUNTY SURVEYOR, L.S. 6617 pNPV .L ysY N No. 8402 BY: LILY M. N. SANDBERG, DEPUTY COUNTY SURVEYOR P.L.S. 8402 qTf OF CAV�F CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY IN CONFORMANCE WITH THE APPROVED TENTATIVE MAP, IF REQUIRED, AS FILED WITH, AMENDED AND APPROVED BY THE CITY COUNCIL; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED WITH. DATED THIS DAY OF EDWIN "WILLIAM" GALVEZ, R.C.E. NO. 51505 CITY ENGINEER, CITY OF SANTA ANA CITY CLERK'S CERTIFICATE STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF SANTA ANA 2020. I HEREBY CERTIFY THAT ON THE DAY OF 2021, THE CITY ENGINEER ON BEHALF OF THE CITY COUNCIL PURSUANT TO SECTION 34-183 OF THE SANTA ANA MUNICIPAL CODE APPROVED SAID MAP. AND DID NOT ACCEPT ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFER TO DEDICATE IN FEE FOR STREET PURPOSES OF FIRST STREET, SAID OFFER SHALL ONLY BE ACCEPTED AT THE TIME OF IMPROVEMENTS MEET PUBLIC STREET STANDARDS OR ARE OTHERWISE ACCEPTABLE TO THE CITY OF SANTA ANA. AND DID ACCEPT ON BEHALF OF THE CITY OF SANTA ANA THE VEHICULAR ACCESS RIGHTS TO FIRST STREET, AS RELEASED AND RELINQUISHED. AND DID ALSO ACCEPT ON BEHALF OF THE CITY OF SANTA ANA AN EASEMENT FOR SANITARY SEWER AND ACCESS PURPOSES. AND DID ALSO ACCEPT ON BEHALF OF THE CITY OF SANTA ANA A NON-EXCLUSIVE EASEMENT FOR EMERGENCY VEHICULAR ACCESS PURPOSES. AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 66436(a)(3)(A) OF THE SUBDIVISION MAP ACT. DAISY GOMEZ DATE CITY CLERK, CITY OF SANTA ANA COUNTY TREASURER -TAX COLLECTOR'S CERTIFICATE STATE OF CALIFORNIA SS COUNTY OF ORANGE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE, THERE ARE NO LIENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP. DATED THIS DAY OF , 2020. SHARI L. FREIDENRICH BY: COUNTY TREASURER -TAX COLLECTOR TREASURER - TAX COLLECTOR City Council 29-3 3/16/2021 SHEET 2 OF 6 SHEETS PARCEL MAP NO. 2016-165 SEE SHEET 3 FOR BOUNDARY ESTABLISHMENT ALL TENTATIVE PARCEL MAP 20 N0. 16-165 SEE SHEETS 4-6 FOR EASEMENT IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA DETAILS 1 NUMBERED PARCEL GROSS AREA: 6.851 ACRES FOR CONDOMINIUM PURPOSES NET AREA: 6.774 ACRES EDWARD L. REYNOLDS DATE OF SURVEY: L.S. 7725 coNsLLTINs, ma FEBRUARY 2019 BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN ORANGE COUNTY SURVEYOR'S HORIZONTAL CONTROL STATION GPS NO. 6055 & GPS NO. 6217R1 BEING NORTH 52'07'26" EAST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. DATUM STATEMENT COORDINATES SHOWN ARE BASED ON THE CAUFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, 1983 N.A.D. (2017.50 EPOCH OCS GPS ADJUSTMENT). ALL DISTANCES SHOWN ARE GROUND UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCE, MULTIPLY GROUND DISTANCE BY 0.99997869, (MEAN VALUE). LEGEND R1 -R.S.B. 74/3 R2 -INST. NO. 2009000478066 OF OFFICIAL RECORDS, RECORDED 9/4/2009. R3 -STAFFORD & TUSTIN TRACT FILED IN L.A. BOOK 2/618-619 OF MISC. RECORDS, LOS ANGELES COUNTY R4 -PARCEL MAP NO. 2004-317, P.M.B. 347/25-26. R5 -BOOK 5046 PAGE 449 OF OFFICIAL RECORDS, RECORDED 1/8/1960 < > - INDICATES RECORD OR CALCULATED DATA PER R1. (j - INDICATES RECORD OR CALCULATED DATA PER R2. [ ] - INDICATES RECORD OR CALCULATED DATA PER R4. () - INDICATES RECORD OR CALCULATED DATA PER R5. M & R - INDICATES MEASURED AND RECORD DATA PER R2 UNLESS OTHERWISE NOTED SYMBOLS & ABBREVIATIONS C/L CENTERLINE C.R. CORNER RECORD EST. ESTABLISHED FD. FOUND INT. INTERSECTION LT&T LEAD, TACK & TAG S&W SPIKE AND WASHER SFN. SEARCHED, FOUND NOTHING. MONUMENT NOTES O1 OCS GPS POINT NO. 6055 N 2217305.89 E 6078475.79 FD. PUNCHED 2-1/4" BRASS STATE OF CALIFORNIA DIVISION OF HIGHWAYS CAP IN OCS WELL MONUMENT. ACCEPTED AS THE C/L INT. OF WILLIAMS AND MAIN STREETS AS SHOWN ON R1, ON. 1.0' O2 OCS GPS POINT NO. 6217R1 N 2219518.98 E 6081321.07 FD. S&W STAMPED "PLS 7564" FLUSH, PER C.R. 2001-1090. STATION IS LOCATED AT THE VISUAL C/L INT. OF YORBA ST. & IRVINE BLVD. PER C.R. 2001-1090 & RSB 150/10-23. O3 FD. S&W STAMPED "CITY OF SANTA ANA SURVEY DIV" FLUSH, AS SHOWN ON C.R. 2015-2434. ACCEPTED AS THE C/L INT. OF GOLDEN CIRCLE & FIRST STREET. ® FD. 2" IP & TAG STAMPED "LS 5134" PER R4 FLUSH. ACCEPTED AS THE NE CDR OF PARCEL 1 OF R4 & A POINT ON THE W. LINE OF LOT D OF R3. O5 FD. L&T ON BRIDGE DECK PER STATE OF CALIFORNIA TIE NOTE A75-001. ACCEPTED AS THE C/L INT. OF TUSTIN AVENUE & MAIN STREET. O FD. 2-1/4" BRASS CAP STAMPED "CALIFORNIA DIVISION OF HIGHWAYS" IN OCS WELL AS SHOWN ON R1 AND C.R. 2014-3073, DN. 1.5'. ACCEPTED AS THE C/L INT. OF TUSTIN AVENUE & FIRST STREET. ❑ INDICATES 8" S&W STAMPED "LS 7725" IN ASPHALT, FLUSH; OR LT&T "LS 7725" IN CONCRETE, FLUSH, TO BE SET. O INDICATES 2" I.P. TAGGED "LS 7725", FLUSH; OR LT&T STAMPED "LS 7725" IN CONCRETE, FLUSH; OR 8" S&W STAMPED "LS 7725" IN ASPHALT, FLUSH; OR TAG "LS 7725" SECURED WITH EPDXY, IN TOP OF WALL, TO BE SET. . FD. OCS HORIZONTAL CONTROL STATION MONUMENT PER RECORDS ON FILE IN THE ORANGE COUNTY SURVEYOR'S OFFICE. FD. MONUMENT AS NOTED. ESTABLISHMENT NOTES O SFN. - EST. THE INT. OF THE WILY PROLONGATION OF THE E. LINE LOT D OF R3 AND C/L FIRST STREET BY PRORATION PER R1. OB SFN. - EST. THE INT. OF THE WILY PROLONGATION OF THE W. LINE LOT D OF R3 AND C/L FIRST STREET BY INTERSECTION. © SFN - EST. THE INT. OF THE S'LY PROLONGATION OF THE E. LINE LOT D OF R3 & C/L MAIN STREET BY PRORATION PER R1. Op EST. S. LINE R2 PARALLEL WTH THE C/L OF FIRST STREET. O SFN. - EST. SW COR. R2 PER DEED. O SFN. - C/L FIRST STREET & WILY PROLONGATION OF W. LINE R2 EST. BY INT. © SFN - EST. THE INT. OF THE S'LY PROLONGATION OF THE W. LINE LOT D OF R3 & C/L MAIN STREET BY PRORATION PER R1. OH SFN. - EST. SE COR. R2 PER DEED. City Council 29-4 3/16/2021 SHEET 3 OF 6 SHEETS PARCEL MAP NO. 20 6�165 SEE 2 FOR S OF S& DATUM ALL OF TENTATIVE PARCEL MAP ABBREVIATIONS, MONUMIENT NOT SOI& N0. 2016-165 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA ESTABLISHMENT NOTES. 1 NUMBERED PARCEL SEE SHEET 4 & 5 FOR EASEMENT GROSS AREA: 6.851 ACRES FOR CONDOMINIUM PURPOSES DETAILS & NOTES. NET AREA: 6.774 ACRES EDWARD L. REYNOLDS DATE OF SURVEY: L.S. 7725 coNsLLTWs,ma FEBRUARY 2019 BOUNDARY ESTABLISHMENT c/L L1 W Z w 9 �> wx z z U o ~ a 3 _, FIRST STREET N69'42'04'W 1231.79' �1209 85 [1231.65' 843.41 43. <634417.75' �� - - 225.66' C/L - 21.45 ---- ¢ Io [21.48'1 / qi n „^j - N. UNE OF LOT D OF R3 M & R ---- - - NE COR LOT D OF R2 Nfi` b` _ NW COP LOT D OF R2 - -_ i I� 644350/ 7781 488 O.R. 5 __-___ I m ai —N89'42'04'W -� 8.00 225.75' g.00 4 N89'42'04'SY 417.75' FIRST STREET i `I //�� MAP DEDICATED HEREON //�� ��99 �� O I 4RIGHTS PAR(�0 'no0 ��° VEHICULAR ACCESS TO FIRST STREET RELEASED AND RELINQUISHED TO THE CRY OF SAMA / I I � I I o ANA EXCEPT AT APPROVED ACCESS LOCATIONS O O � W LINE OF LOT D OF R3 SCALE: 1" = 50' I 2 I LINE R2 EST. PER DEED ppo 4�� PARCEL 1 Rv 66.774AAC.GNETS g4 I I I ppr- e / I I z� n I^ E. UNE OF LOT D OF R3 pfor I+ o� e I 1;1t INST. NO, 0009000470066, O.R. til / SFN CITY I)F SAIJTA ANA i / CITY OF TVSTIN I I V I La T 1 H NO. 8581 SEE DETAIL "C" SHT 4 I E -- fVfTRACT V. 42 1 s N89'42'04"W 417.76' 1417.75.1 CTTY OF SANTA ANA Ni 4. TN69'20'S1 W 844.65' (643.0) -CTTY OF TUSTIN .,B., UNE R5 EST. PER DEEDSEE DETAIL SHT 4 9 L- E. LINE R5 EST. PER DEED FEW. � UNE R5 EST. PER DEED I I F6 y0 � I s I� ! SSW 1 // COR LOT 0 OF R2 9E CDR LOT 0 OF R2 S. LINE R5 EST. PER DEED 989'44'161Y 645.50' �I J -414.38' <414.34'>�I/- _ Tio _ 0 L 645.56' <645.50'> _ _ $ / 1059.94' <1059.84b MAIN STREET N89'44'16'W 1755.05' <1754.89'> - % 69<695.05> SURVEYOR'S BOUNDARY NOTES: JIB J F 1. THERE ARE NO CONFLICTS WITH EXISTING VISIBLE IMPROVEMENTS ALONG THE EAST, WEST & NORTH LINES �? V% OF THE EXTERIOR BOUNDARY LINE (DISTINCTIVE BORDER) OF THIS MAP AS ESTABLISHED HEREON. City Council 7 2. THERE ARE CONFLICTS WITH EXISTING VISIBLE IMPROVEMENTS ALONG THE SOUTH LINE OF THE EXTERIOR BOUNDARY LINE (DISTINCTIVE BORDER) OF THIS MAP A29TAaUS�D HEREON. 3/16/2021 3, ALL ADJACENT PROPERTY CORNERS WERE SEARCHED FOR AND NONE WERE FOUND, EXCEPT AS NOTED. SHEET OF 6 SHEETS SEE SHEET 2 FOR ALL OF4TENTATIVE PARCEL MAP PARCEL MAP NO. 2016-165 DATUM ABBREVIATIONS, M BASIS OF SYMBOLS & BEARINGS,& N0. 2016-165 ABBREVIATIONS, MONUMENT NOTES & N THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA ESTABLISHMENT NOTES. 1 NUMBERED PARCEL SEE SHEET 3 FOR BOUNDARY GROSS AREA: 6.851 ACRES FOR CONDOMINIUM PURPOSES ESTABLISHMENT. NET AREA: 6.774 ACRES EDWARD L. REYNOLDS DATE OF SURVEY: SEE SHEET 5 & 6 FOR EASEMENT L.S. 7725 coNsuLTINs, INC. FEBRUARY 2019 DETAILS & NOTES. EASEMENT DETAILS FIRST STREET - - - - - - - o, N89'42'04"W 417.75_ NO'36'20"E 34.12' J I � FIRST STREET ml of I / DEDICATED HEREON n / m i ' 0=]0'09'25" ft=28.29' 00' VEHICULAR ACCESS RIGHTS TO FIRST RELEASED AND RELINQUISHED TO THE CITY STREET OF SANTA zl =34. ANA EXCEPT AT APPROVED ACCESS LOCATIONS /N70-45'45"E 46.85' i I A=7909'25" R=28.00' I r` L=34.29' I I I I I I I I I ri I I �. I rI I I I h0•' d" I 1 B z0 ml of h I 101 I I ^I I rl I I I I I I I I I I �m I s PARCEL 1 A=42'51'24" m / R=28.00' I l i L=20.94' p N4S27'44"E 5.04' bi I I I I � I I - I I N892051 W 11110 � I I ---71 I I � I I I I I I I I .I I I I I I I I I I I I I B - - - - - - - - - - -----N89'21'18"W I I I I I I I I II I 0=9D'OD'00" R=28.DD' 372-----------------_- - - - - - Y / - - - - - - - - - - - - - - - _ - N89'42'04"W 417,75' EASEMENT NOTES �A INDICATES AN EASEMENT FOR SANITARY SEWER & ACCESS PURPOSES DEDICATED TO THE CITY CURVE TABLE CURIE DELTA RADIUS LENG'M CI 7'26'48" 28.a0 3.64 SCALE: 1" = 50' - - - - - - - - - - - - - - FIRST STREET FIRST STREET DEDICATED HEREON N89'42'041V 417.75' - 78.77' - - 3B.14' N89'II1'37"W 37.86'� I ND'17'S4"E 18.36'1I NO0'07'04"E iB.87' i "-NO1'06'22'E 30.99'�-/--1 L N6B'p3'19W 38.49'N89'21'19"W 17.65' _ J I� I I Im A=1B'S0'28" = R=25.00' N89'21'25"W 17.73' ` N66'15'1614 38.gp'- N7M4B'07"E 19.41' N89'21'19^W 12.64' V09'25" R=20.00' ri I L=24.49' I I PARCEL 1 I I I I 1 Ib 18.00' -�N89'21'19W I I I I: I I I I Iw I I_n I I I I N89'18'55"W 11.06' J _ N89'2118.00' 1`- I` N7D'S3'52'E 13.81' I L - - - - - - - - - - - - - J DETAIL "A" N.T.S. r- - - - - - - - - - II I I w PARCEL 1 I I b D I N89.42'04"W 417.76' E ND'39'09"E 1.B9' CITY OF SANTA ANACltt OF TUSTIN� N89"20'SIV 544' 6' N. LINE R5 EST. PER DEED 5046 / 449 O.R DETAIL "B" N.T.S. OF SANTA ANA HEREON. r - ❑e INDICATES A NON-EXCLUSIVE EASEMENT FOR EMERGENCY VEHICULAR ACCESS PURPOSES I �a DEDICATED TO THE CITY OF SANTA ANA HEREON. o I 1 INDICATES AN EASEMENT IN FAVOR OF 2020 E. FIRST, LLC, A DELAWARE LIMITED LIABILITY I PARCEL 1 COMPANY, FOR ACCESS AND PARKING, RECORDED NOVEMBER 9, 2018 AS INSTRUMENT NO. I I 2018000406828, OFFICIAL RECORDS. I D 2 INDICATES AN EASEMENT IN FAVOR OF SANTA ANA PACIFIC ASSOCIATES. A CALIFORNIA LIMITED N69.42'o4"W 417.7B' - PARTNERSHIP AND SANTA ANA PACIFIC ASSOCIATES II, A CALIFORNIA LIMITED PARTNERSHIP, I FOR RECIPROCAL ACCESS AND PARKING, RECORDED NOVEMBER 9, 2018 AS INSTRUMENT NO. H 2018000406834, OFFICIAL RECORDS. THE LOCATION OF SAID EASEMENT IS INDETERMINATE FROM RECORD. I CITY OF SANTA ANA N89'20'519Y 644.65' Cltt OF TUSTIN t N. LINE R5 ESL. PER DEED 5046 / 449 O.R. I City Council 29 - 6 L - - - - - - w-6/ iJ DETAIL "C" N.T.S. SHEET 5 OF 6 SHEETS PARCEL MAP NO. 20 6�165 SEE 2 FOR S OF S& DATUM ALL OF TENTATIVE PARCEL MAP ABBREVIATIONS, MONUMIENT NOT S01& N0. 2016-165 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA ESTABLISHMENT NOTES. 1 NUMBERED PARCEL SEE SHEET 3 FOR BOUNDARY GROSS AREA: 6.851 ACRES FOR CONDOMINIUM PURPOSES ESTABLISHMENT. NET AREA: 6.774 ACRES EDWARD L. REYNOLDS DATE OF SURVEY: SEE SHEET 4 & 6 FOR EASEMENT L.S. 7725 coNsuLTINs, maFEBRUARY 2019 DETAILS & NOTES. EASEMENT DETAILS SCALE: 1" = 30' - - _ CA - - 1ST STREET _ N89.42'04w 417.75' � - 38.00' 38.07' I I I I I «I �I I nI � L3— S I 3 I I N851.91, 'W_ _ J 1.91'- CURIE TABLE v CURVE 1 DELTA 1 RADIUS 11LENGTH I i C1 89'42'13' 12.00 110.60 Y LINE TABLE LINE BEARINGI LENGTH L2I NW-39.09-E I 52.8V 0 1 N89-21.14-W 1 17.83' L4 1 N70'48'07'E 1 13.81' I LS 1 N01V5'54'E 1 37.17' I I� Im Iw I g In I8 I b PARCEL 1 I I I I I I � I � I I I N8912'04'W 12.83' EASEMENT NOTE ai AN EASEMENT FOR PUBLIC SEWER PURPOSES IN FAVOR OF ORANGE COUNTY SANITATION DISTRICT RECORDED MAY 20, 2020 AS INSTRUMENT NO. 2020000228088, OFFICIAL RECORDS. City Council 29-7 3/16/2021 SHEET 6 OF 6 SHEETS PARCEL MAP NO. 20 6�165 SEE 2 FOR S OF S& DATUM ALL OF TENTATIVE PARCEL MAP ABBREVIATIONS, MONUMIENT NOT S01& N0. 2016-165 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA ESTABLISHMENT NOTES. 1 NUMBERED PARCEL SEE SHEET 3 FOR BOUNDARY GROSS AREA: 6.851 ACRES FOR CONDOMINIUM PURPOSES ESTABLISHMENT. NET AREA: 6.774 ACRES EDWARD L. REYNOLDS DATE OF SURVEY: SEE SHEET 4 & 5 FOR EASEMENT L.S. 7725 coNsuLTINs, maFEBRUARY 2019 DETAILS & NOTES. EASEMENT DETAILS SCALE: 1" = 40' EASEMENT NOTE INDICATES AN EASEMENT FOR SANITARY ❑A SEWER & ACCESS PURPOSES DEDICATED TO THE CITY OF SANTA ANA HEREON. T _ —CAL _ — FIRST STREET - _ _ _ _ - N. UNE OF LOT 0 OF R3 _----- FIRST STREET DEDICATED HEREON �_-� m81.J1 nan+ea+ni 20.DO'/a NOG36'48"E 26.D6' N00'36'48'E 26.19' 1� Y/ f 70-09'25" R=18.00 1..04: 1 — — � — � R=38.00' R=3e.Do' oN'1o�55 I� a70'07'04" R=18.00' L=22.03' Ib 1 LINE TABLE A UN E BEARING 1 LENGTH L11 N89'2051W 1 25.79' 21' P�I m 8� I PARCEL 1 f N89R8'23"W 10.00' L N00'31'3]'E 10.00' J r N89'28'21W 10.02' of w N Z1, City Council 3/16/2021 Public Works Agency https://www.santa-ana.org/pw Item # 30 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: Resolution Regarding CalRecycle Grants AGENDA TITLE Resolution to Adopt and Approve Applications for Submission for all CalRecycle Grants for a 5-Year Period RECOMMENDED ACTION Adopt a resolution approving the ability to apply, and authorizing submission, for all CalRecycle Grants for a 5-year period. DISCUSSION To decrease the adverse environmental impacts created by unlawful disposal and stockpiling of waste tires, the California Department of Resources Recycling and Recovery (CalRecycle) promotes the use of surfacing products derived from waste tires generated in California. Through legislation, CalRecycle was authorized to assist public and private entities in the safe and effective management of this waste stream by providing funding opportunities. To that end, CalRecycle offers a variety of grant programs including a Local Government Waste Tire Cleanup Grant, Local Government Waste Tire Amnesty Grant, Rubberized Pavement Grant, Tire -Derived Aggregate Grant, Tire -Derived Product Grant, Tire Incentive Program, and Local Government Waste Tire Enforcement Grants. Funding for the grants is generated from a tire fee charged for each new tire sold in California, and grant awards vary from program to program. All applicants must submit a resolution to CalRecycle declaring certain authorizations related to the administration of these grants. Staff recommends adopting the resolution to allow the City of Santa Ana to apply for, and be eligible to receive, grant revenue estimated to be upwards of $250,000 through Fiscal Year 2022-2023. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT There is no fiscal impact associated with this action at this time. If the recommended action is not approved, the City will forfeit the opportunity to compete for CalRecycle City Council 30 — 1 3/16/2021 Adopt Resolution and Approve Applications for CalRecycle Grants March 16, 2021 Page 2 grants for the next five years, along with the ability to apply for and receive future CalRecycle grant funds from various programs. EXHIBIT(S) 1. Resolution Submitted By: Nabil Saba, P.E., Executive Director Public Works Agency Approved By: Kristine Ridge, City Manager City Council 30 — 2 3/16/2021 EXHIBIT 1 jmf 2/3/21 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANTS FOR WHICH SANTA ANA IS ELIGIBLE WHEREAS, Public Resources Code sections 48000 et seq. authorize the California Department of Resources Recycling and Recovery ("CalRecycle") to administer various grant programs in furtherance of the State of California's efforts to reduce, recycle, and reuse solid waste generated in the state, thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City Council authorizes the submittal of application(s) to CalRecycle for all grants for which the City of Santa Ana is eligible. Section 2. The City Manager, or his or her designee, is hereby authorized and empowered to execute in the name of the City of Santa Ana all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant projects. Section 3. These authorizations shall be effective for five (5) years from the date of adoption of this Resolution. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 12021. Vicente Sarmiento Mayor Resolution No. 2021-XXX City Council 30 — 3 3/16 g2l of 2 EXHIBIT 1 jmf 2/3/21 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney (John M. Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX City Council 30 — 4 3/169tM of 2 Planning and Building Agency www.santa-ana.org/pb Item # 31 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: 2020 General Plan Annual Progress Report AGENDA TITLE: City of Santa Ana General Plan Annual Progress Report (2020) RECOMMENDED ACTION Authorize staff to submit the City of Santa Ana's 2020 General Plan Annual Progress Report to the State of California Department of Housing and Community Development (HCD) and Office of Planning and Research (OPR). DISCUSSION Government Code Section 65400 requires local planning agencies to submit an annual progress report on the status of the General Plan and progress in its implementation to the local legislative body. The Progress Report is then to be submitted to California Department of Housing and Community Development (HCD) and Office of Planning and Research (OPR) by April 1 sc of each year. The General Plan is a state -mandated document, which plans the framework for the City of Santa Ana's physical, social, and economic development into the future. The 2020 General Plan Annual Progress Report is required to discuss the progress towards the overall implementation of the various adopted elements of the General Plan during calendar year. This is the first comprehensive General Plan Annual Progress Report prepared that includes all of Santa Ana's General Plan elements. In prior years, charter cities were only required to provide annual reports documenting progress made toward their Housing Element implementation actions. The California Government Code Section 65700(b) was amended in 2018, such that a general plan annual report became applicable to charter cities. As required by State HCD, the Housing Element portion of the Progress Report includes detailed accounting of all housing projects submitted, reviewed, entitled, and constructed in the City of Santa Ana in 2020; in addition to the status of the implementation actions and programs to achieve the City's housing vision (Exhibit 1). The Housing Element portion of the report also measures the City's progress to meet state -mandated housing goals as set forth in our Regional Housing Needs Allocation (RHNA). Through a process referred to as "RHNA," each jurisdiction is given a target for City Council 31 —1 3/16/2021 2020 General Plan Annual Progress Report March 16, 2021 Page 2 how many permits to issue in four housing income categories; ranging from very —low income (affordable to those who earn 50 percent or less of the $89,759 Area Median Income [AMI]), to above moderate income (more than 120 percent of AMI). Santa Ana has met all of its requirements for permitting affordable units, including low-income housing which is the most costly to finance and develop. The following are two major Housing Element program accomplishments in 2020: 1. With 56 project -based vouchers from the Housing Authority, Community Development Partners completed the construction of Casa Querencia (formerly Aqua Housing) — a 56-unit new affordable apartment community for chronically homeless individuals from the City of Santa Ana. This project involved the acquisition, demolition, and new construction of the Aqua motel yielding 56 units of affordable permanent supportive housing with wrap -around supportive services for chronically homeless individuals and one (1) manager's unit. This was the second motel conversion project financed by the City in the last five years. 2. With $6 million in funding from the City, Community Development Partners began accepting applications for La Placita Cinco (formerly Tiny Tim Plaza), a 51-unit new affordable apartment community. The project is expected to be completed in February 2021. The Housing Element portion of the report includes a summary of Santa Ana's progress in meeting its share of the RHNA allocation. There were a total of 865 building permits issued for new housing units in 2020; of which 611 housing units are affordable to low- income and very low-income families, respectively. With the issuance of these permits, the City substantially exceeds the overall target for Santa Ana's 204 RHNA unit allocation by over 4,703 units. Progress Towards 2014-2021 RHNA Goal (New Housing Units by Category and Year) Total Units Exceeding Exceeding RHNA Total RHNA RHNA Income Allocation 2014 2015 2016 2017 2018 2019 2020 Units Allocation Allocation Very Low 45 0 49 49 43 172 80 59 452 407 904% Low 32 2 31 22 1 38 388 83 552 1,116 1,084 3,388% Moderate 37 12 4 20 10 17 1 1 65 28 76% Above Moderate 90 80 442 130 424 795 538 865 3,274 3,184 3,538% Total: 204 94 526 221 515 1,372 1 702 1,477 1 4,907 1 4,703 2,305% Based on building permits issued. City Council 31 —2 3/16/2021 2020 General Plan Annual Progress Report March 16, 2021 Page 3 In addition to the Housing Element, the Santa Ana General Plan Progress Report also highlights the accomplishments in 2020 for City's thirteen other adopted General Plan elements. For example, recent construction improvements related to the OC Streetcar, the three miles of new bikeways, and new drought tolerant landscape in the public realm contributed to implementing the goals and policies in the City's Circulation Element, Safety Element, and Energy Element. In addition, the City's efforts to promote business attractions and retention, develop a citywide Parks Master Plan, and update the City's Land Use Plan to promote smart growth, supports the goals of the Economic Development Element; Open Space, Parks and Recreation Element; and Land Use Element. Through the accomplishments highlighted in 2020 General Plan Annual Progress Report, the City continues to work to achieve a healthy economic, social, and physical environment to serve our Santa Ana community. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA), this action is not considered a "project" as defined in Section 15378 of the CEQA Guideline and therefore is exempt from further review. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. 2020 General Plan Annual Progress Report Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 31 — 3 3/16/2021 City of Santa Ana ANNUAL GENERAL PLAN PROGRESS REPORT Submitted by Planning and Building Agency March 16, 2021 EXHIBIT 1 City Council 31 — 4 3/16/2021 City of Santa Ana Annual General Plan and Housing Element Progress Reports Pursuant to Section 65000 of the State Government Code, this report has been prepared to share the implementation status of the City of Santa Ana's a General Plan. The Housing Element portion of the General Plan Progress Report is prepared as a separate document (Exhibit 2) in the required format and detailing required by State of California Housing and Community Development. STATUS OF THE GENERAL PLAN: A general plan is a state -mandated document, which a community uses to plan the framework for its physical, social and economic development for the long term future. The City of Santa Ana's General Plan is comprised of seven state -mandated elements and seven optional elements. Santa Ana's adopted General Plan elements are as follows: Mandated Elements Optional Element Circulation 1982 Airport Environs 2008 Conservation 1982 Economic Development 1998 Housing 2014 Education 1988 Land Use 1998 Energy 1982 Noise Element 1982 Public Facilities 1982 Open Space, Parks and Recreation 1982 Scenic Corridors 1982 Seismic Safety (1982)/ Public Safety (1982) Urban Design (1998) In May 2020, the City Council adopted an updated 5-year Strategic Plan to provide a vision for the City's goals and priorities as required by the City's Sunshine Ordinance. The Plan was designed as a living and evolving document to ensure that initiatives can be pursued within the constraints of limited municipal resources. One of the actions identified in the Strategic Plan is to continue to pursue the update of the City's General Plan. The City of Santa Ana is in the process of completing this comprehensive update of its General Plan. This effort began in 2015 with a variety of community outreach efforts, and the convening of a 17-person General Plan Advisory Group (GPAG) in 2016. A public hearing to consider the Draft General Plan Update amendment and Program Environmental Impact Report (PEIR) was held on November 9, 2020. At that time, Planning Commission voted to continue the project to a future date to allow additional time for outreach to Santa Ana's Environmental Justice Communities. Information regarding the community outreach to date, draft General Plan documents and Program Environmental Impact Report (PEIR) are available on the City's web page I . t §.." ww .,. ,irk.t ::::.i........ ::q.eineiraII,...��IIan City Council 31 — 5 3/16/2021 GENERAL PLAN IMPLEMENTATION AND ACTION: The following highlights the programs and actions that occurred within this 2020 reporting period of January thorough December 2020, to implement the City of Santa Ana General Plan goals and policies: 1. Airport Land Use Environs Element (2008) This element serves as a long—range guide to safeguard the general welfare of the inhabitants with the City of Santa Ana near the John Wayne Airport (JWA). • In 2020, the Uniform Building Code was applied to all new residential development which requires the structures to be designed to sufficiently mitigate so as to not exceed an interior noise standard of 45 dB(A) CNEL. Federal Aviation Administration (FAA) and Airport Land Use Commission (ALUC) regulations require major new development, general plan amendment and zone changes within the height restriction zone for JWA to be evaluated. In 2020, ALUC reviewed two projects included the pending comprehensive Draft General Plan Update (submitted 10/15/20) and The Bowery Development Project (submitted 5/21 /2020). There are four registered private heliports serving the City of Santa Ana. These are located at the Brad Gates Building in Downtown Santa Ana, OC Global Medical Center at 17th Street and Tustin Avenue, the So Cal Edison site near McFadden Avenue, and Freeway Honda off McFadden Avenue and the 55 Freeway. These heliports are consistent with FAA regulations and designed to minimize their impacts on the surrounding community. 2. Circulation Element This element is concerned with accommodating the transportation needs of those living, working and visiting the City. It articulates the vision for the ongoing development and maintenance of a comprehensive transportation network to efficiently move people and goods throughout Santa Ana and the surrounding region. The Environmental Transportation Advisory Committee (ETAC) is tasked with providing Public Work Agency staff and City Council recommendation on matters related to the public right-of-way and transportation programs. Due to challenges brought on by the COVID-19 pandemic, ETAC convened only in January, February and March of 2020; and anticipated to resume their meeting schedule in early 2021. In 2020, $8.3 million were expended to reconstruct approximately 13.2 miles of local streets and 1.7 miles of arterial streets. The City continued to implement two community based planning efforts to improve walk -ability and bike -ability in the City. The Active Transportation Plan, approved in June 2019, evaluated citywide City Council 31 — 6 3/16/2021 bicycle and pedestrian networks through an extensive outreach process and includes recommendations based on the community input. The Safe Routes to School Plan, approved in June 2020, identifies improvements along the safe walking and biking routes to schools. Both plans provide the City with a list of projects that the City will use for pursuing grant funding for implementation. The City has undertaken fiber optics and wireless communications master planning which has led to initial implementation phases of Advanced Metering Infrastructure (AMI). This technology will positively impact our mobility, connectivity, and general circulation in the City. AMI, for example, will automate how the City utilities access water metering measuring water consumption which will not only reduce the vehicles trips regularly needed on City streets, but will also help monitor water consumption by our residents and any other users in the City in a wireless manner. The benefits include reducing the number of vehicles in our streets that lessen the carbon and gas emissions footprint, while allowing residents real time and efficiently access to water usage consumption, billing, and leakage/repair conditions which could then be addressed sooner. The City continues to support the expansion and efficiency of mobility by emphasizing pedestrian and cycling as modes of transportation. The City's support has been evident from its success rate in securing grants. In addition, the City has budgeted more funding on annual basis for new sidewalks and wheel chair ramps where they are missing, and where they are in need of repairs and/or replacements. These types of maintenance efforts will further pedestrian mobility. • Intelligent Transportation System Projects help enhance safety and efficiency of major travel corridors. In 2020, the City continued to pursue grant funding opportunities to fund and implement traffic signal synchronizations projects. These projects help to improve efficiency of the traveling motorists along various corridors by reducing delays and maximizing throughput traffic. The City has placed a high priority in the Strategic Plan on transit and transportation, and in particular the delivery of the OC Streetcar. The planning, environmental studies, and advancement of public support was wholly initiated and led by the City. Thereafter, while Orange County Transportation Authority (OCTA) has led the way for design and construction underway, the City has been a primary stakeholder and leader in the final delivery the OC Streetcar. OCTA will be responsible for OC Streetcar operation, but the City has secured a role and participation in OC Streetcar operations with OCTA. Ih.;Ips„// w,.sairnta aina.oir / w/oc stireetcair 0 Ongoing intensive participation in the OC Streetcar delivery includes staff participation in weekly construction meetings with OCTA and the contractor and biweekly meetings with OCTA separate from the construction contractor to discuss ways to improve project delivery, improve communication with our residents, and ensure project compatible with important City goals and objectives such as bicycle and pedestrian mobility in and around the project alignment. • The City of Santa Ana continues to actively pursue bikeway planning and improvements, with the equivalent of three miles of bikeways constructed in 2020. City Council 31 — 7 3/16/2021 Presently, the Draft General Plan Update Mobility Element is proposing updates to the citywide Bikeway Master Plan to support additional on -road and off -road bike facilities. The City also continuous to pursue grant funding and the implementation of bikeways. Bikeways promote active, alternative modes of transportation for the community while promoting affordable travel choices and healthy lifestyle for the community. The City's street median islands are an important traffic safety feature of the City's arterial transportation system and aesthetics of the travel corridors. The master plan calls for closing median gaps which will be completed as part of the Bristol Street Phase Three improvements which will soon begin construction. In addition, new medians will be added to Warner Avenue from Main Street to Oak Street as this street is developed to a fully functional arterial street in support of regional mobility. Warner Avenue will be widened from two to three lanes in each direction, and medians will improve Traffic Safety by prohibiting left turns in locations at certain secondary locations. The City has programed over $1,000,000 annually in the preservation and maintenance of the City's Urban Forest. In particular, the urban forestry program emphasizes trees in parkways and in medians also leading to the aesthetic appeal of arterial corridors and residential zones. The City has successfully maintained Tree City USA status for more than a decade. The City's Strategic Plan includes goals and objectives for the City's Urban Forest and identifies Street Trees as adding to the quality of life and advances the local and regional mobility experience. In conjunction with other efforts by the City to improve its arterial corridors, which play a significant role for regional mobility but also improve local resident quality of life, undergrounding electrical and other overhead utilities continues to be an important design enhancement that the City has consistently incorporated into arterial improvements. Undergrounding utilities is currently interfacing with the new medians being constructed on Bristol Street and on Warner Avenue. Undergrounding utilities also improve safety by eliminating public exposure to electrocution from downed electrical wires. The cost of undergrounding is primarily implemented by the private utilities with some funding participation by the City. The funding stream is not robust, which means the City has to carefully plan where undergrounding efforts will occur next and carry funding over for several years to financially support undergrounding of utilities. A Citywide Safe Routes to School Plan has been adopted that identifies traffic safety improvements around all of the neighborhood schools within the City of Santa Ana. The City is actively pursuing grant funding to implement the measures identified in the Safe Routes to School Plan. The City has already received funding for several of the projects and construction is ongoing. • City staff has evaluated the highest street parking densities in the City to analyze the ratio of the inventory of available parking spaces to number of registered vehicles in an area. The City will follow up this analysis by partnering the Public Works Agency with the Planning and Building Agency to conduct a citywide study City Council 31 — 8 3/16/2021 looking at how to control the parking demand, best expand vehicle parking opportunities, and more efficiently modify and manage the parking permit system. This could include implementing technology to automate permitting, more effectively perform parking enforcement, and aide in managing changes to provide higher responsiveness. 3. Conservation Element The main features of this element include protection of the public health, safety and welfare through effective management of natural resource such as clean air, water and land; as well as the enhancement of the City's aesthetic and visual amenities through the use of vegetation and restoration of natural, historic and cultural resources. Consistent with CalRecycle mandates, the City's Recycling Program achieved a 70-percent diversion rate for calendar year 2019. The City's 2020 waste diversion rate will be available in August 2021. The City's waste disposal agreement with the County of Orange ensures funding for regional programming through the County, such as a pilot composting program. In March 2020, the City issued a Request for Proposal (RFP) for citywide solid waste and recycling services. The agreement is scheduled to be approved in June 2021, with program implementation anticipated in July 2022. The City continues to review residential and mixed -use development proposals in the District Center areas near high quality transit amenities to help reduce the carbon footprint. Some of these areas include the Transit Zoning Code (SD-84), Metro East Mixed Use Overlay Zone (MEMU), Harbor Corridor Mixed Use Transit Corridor Specific Plan (SP-2) and MainPlace Specific Plan (SP-4). The Bowery project, approved by City Council in 2020, proposes expanding the District Center boundaries to allow for the development of 1,100 market rate apartments. • As part of the General Plan Update underway, the City has identified opportunity "Focus Areas" to consider new housing and mixed -use sustainable development along transit corridors through proposed expansion of District Center and Urban Neighborhood land use designations. L..g,irg,pir.g/geneirall Ian;;, p, • The City continues to collaboration with the Metropolitan Water District of Southern California (MWD) to provide imported water, which makes up 23% of the City's total potable water supply. • The City's Water Resources Division Public Outreach Program is ongoing, which includes the City's Annual Youth Water Poster Contest promoting awareness among youth of the importance of water as a valuable resource. • Ongoing sponsorship and support of the MWD K-12 Water Education School Programs that educate youth about water conservation and sustainability. • In 2020, the City participated in the use of recycled water for landscape irrigation at schools and multiple City parks through the Orange County Water District's (OCWD) Green Acres Project (GAP). City Council 31 — 9 3/16/2021 • The Public Works Agency continues the management of the Fats, Oils & Grease (FOG) Program, which is part of the Sanitary Sewer System Waster Discharge Requirements Program, to inspect food service establishments (FSEs), public outreach and education, and effective reinforcement of best management practices. • The City's Historic Preservation Program continues to protect Santa Ana's cultural and architectural resources. In 2020, twenty applications for Mills Act agreements were submitted to the City for consideration and thirteen of those were executed and recorded. • The August 3, 2020 Draft General Plan Update Environmental Impact Report (EIR) included the preparation of a number of citywide technical reports and inventories related to Biological and Natural Resources, Historical and Cultural Resources, Archeological Resources, and Paleontological Existing Conditions (See Appendices D through G). !rgg� .,Hwwm_Santa:: ina::oirg/sines/defaullt idles/Lb/ger eirall aairn/ occumoinrts/If:)haft°/`,2 llI R::IIIfR/Voluirnc°/a20Ila/�20If:.)IF.:::lllf df These inventories assist in identifying resources and management of their conservation. • The City continues to promote landscaping and improvements that incorporate drought resistant and durable landscaping materials. The City provided free landscape workshops (webinars), which focus on Turf Removal and educate residents on California friendly native plants. In addition, through partnership with MWD, the City of Santa Ana provides rebates through the SoCal WaterSmart Program for water -saving programs. Public education of the City of Santa Ana's Municipal Code and its Permanent Water Use Restrictions is also ongoing. • The City continues to monitor greenbelt and channel improvement plans for the Santa Ana River and Santiago Creek that aim to preserve natural vegetation. In 2020, volunteers planted over one hundred trees at Centennial Park (adjacent to the Santa Ana River) and Santiago Park (adjacent to Santiago Creek), with plans for more tree planting at other City parks to follow. • The City's Public Works Agency continues to maintain compliance with regional watershed and storm water management regulations, including conducting inspections for Best Management Practices (BMPs), participating in public education activities, maintaining the City storm water drainage system, and implementing storm water capture and treatment projects. 4. Economic Development Element The Economic Development Element strives to address critical issues pertaining to the City's economic base; that is, jobs, business and industry, and the real estate market, all of which contribute to the local tax base. The Element provides a blueprint for directing the City's economic development initiatives over the long term, based upon the strengths in the local economy. City Council 31 — 10 3/16/2021 • As part of the annual City of Santa Ana budget process, the Economic Development Division identified strategies for business attraction and retention efforts that led to an overall increase in the City's tax base. • The Economic Development Division's partnership with the Santa Ana Chamber of Commerce for business retention activities has resulted in the outreach to over 400 local businesses. The program, which is designed to outreach and build relationships with local businesses, has gathered pertinent data on the businesses' immediate needs, future plans and opportunities for continued growth in the City. • The Economic Development Division continues to identify and evaluate area job cluster industries. Santa Ana's regional job profile shows strength in education employment, biomedical employment, and some advantages in information technology and analytical instruments compared to the rest of the County. • The City's WORK Center, in conjunction with the State of California continues to provide comprehensive employment search and training services for residents in the City. In the last fiscal year 2019/2020, the WORK Center served over 12,000 individuals with services ranging from resume assistance, job training, and job recruitment services. • As an establishing cluster of bio-medical companies has emerged in the industrial area off the 55 Freeway, the Economic Development Division continues to attract these similar cluster businesses to available vacant industrial space in that area. • In conjunction with preparation of an annual economic development strategy, the City Economic Development Division disseminates marketing materials on a targeted basis to business prospects within the Southern California region and nationally, as appropriate • As part of the City's goal to leverage private investment that results in tax base expansion and job creation Citywide, Economic Development Division staff attended the International Council of Shopping Centers (ICSC) retail convention in Los Angeles. Historically, the convention was attended by over 35,000 retailers, developers, brokers, and cities representing 58 countries who gather for deal making, networking and education. Staff met with various developers, brokers and potential new businesses interested in locating or investing in Santa Ana. Due to COVID-19 pandemic, the 2020 events were cancelled, but the convention is expected to resume back up in 2021. In conjunction with the preparation of an annual economic development strategy, identify specific business attraction, as well as retention targets. The Economic Development Division continued to identify and promote development opportunities for future business attraction and retention efforts. These efforts included marketing vacant City -owned property to businesses looking to expand as well as redevelopment opportunities for the attraction of new businesses to the City. • Conduct individual cost/revenue and cost/benefit analyses of major development projects to assist the policy level decision -making process. The Economic City Council 31 — 11 3/16/2021 Development Division utilized a third -party real estate advisory consultant to develop a pro forma and cost/benefit analysis for the redevelopment of the V and Broadway parking structure in Downtown. In addition, the Planning Division requires major development projects and projects requiring general plan amendments or zoning amendments to submit an Economic Benefits and Fiscal Analysis to evaluate their short and long-term economic contributions. • As part of the annual City Budget preparation, development permit processing fees are evaluated for adjustments to reflect actual staff cost, and endeavor to be competitive and comparable to other communities in Southern California. • Economic Development Division continues to track the number of new businesses, business services provided to businesses and the number of residents assisted by workforce development programs. As part of the Draft General Plan Land Use Element (October 2020), five land use focus areas were identified for potential new housing and economic growth opportunities. In particular, the proposed District Center and Industrial/Flex land use designations in the 55/Dyer Focus Area would provide additional development opportunities and take advantage of the location's proximity to the freeway, Orange County Business Complex, and nearby regional airport. 5. Education Element Educational services and facilities are principal contributors to a community's quality of life. Often the level and character of such services become key factors in the locational decisions of families and businesses. This element was created as part of the City of Santa Ana's to address educational facilities and needs in support of the motto Education First. • The Santa Ana Unified School District/City Council Joint Policy Committee remains available, as needed, to review City and school district development and expansion plans to maximize joint development and other joint use policies, where feasible. Although public libraries, museums, recreational centers, public parks and schools closed during most of 2020, innovative programs launched through our library system to complement the work of local schools. In -person young adult programs, followed by a wide variety of virtual youth adult programming offered through the remainder of the year. Curbside library pickup and drop off service enhancement followed by expanded hotspot program offering 320 hotpots to library patrons. In 2020, the State awarded the City $5.2M in Propostion 68 funding to construct two new parks (Standard/McFadden an Raitt/Myrtle) on currently vacant land. The City is also pursuing State funding for a new community center at Memorial Park. The Santa Ana Zoo celebrated its 68t" Birthday in February 2020. Virtual and limited time programming reintroduced to the public during the summer and fall months. • The City's 2020 community budget outreach process provided a vehicle to engage stakeholders, including developers, to discuss and prioritize use of the City's City Council 31 — 12 3/16/2021 General fund and other funding sources to help provide new facilities or enhance existing facilities for additional cultural, recreational and educational services. • In 2020, City Public Works Agency staff continued to coordinate with school districts on the following actions: traffic safety educational program conducted at the schools; completed Citywide Safe Routes to School Plan; Submitted Active Transportation Program grants; and worked with specific schools to address circulation concerns. • The City continues to partner with local school districts for shared use of school facilities and park sites to address community parks, open space and recreational need. 6. Energy Element This element was designed to reduce energy consumed in Santa Ana's transportation system, land use and development, increase energy efficiency, and work collaboratively to increase public awareness of energy conservation needs and practices. • The City of Santa Ana constructed the equivalent of three miles of bikeways in 2020, encouraging "green" travel and energy conservation. Presently, the Draft General Plan Update Mobility Element is proposing updates to the citywide Bikeway Master Plan to support additional on -road and off -road bike facilities. The City also continuous to pursue grant funding and the implementation of bikeways to promote active, alternative modes of transportation for the community. • The City's Community Development Agency presently assists in management of the Downtown parking resources to serve business, residents and visitor needs. These parking resources offer hundreds of public parking spaces within structures, metered spaces, and surface parking lots. The Downtown's parking resources will are also tools to support transit through the OC Streetcar. The OC Streetcar is the first modern streetcar project to be built in Orange County and will serve Santa Ana's historic and thriving downtown, which includes federal, state, and local courthouses, government offices, colleges, an artists' village and a thriving restaurant scene. Expected to begin carrying passengers in 2022, it will operate along a 4.15-mile route that connects the Santa Ana Regional Transportation Center (SARTC) and a new transit hub at Harbor Boulevard and Westminster Avenue in Garden Grove. • The City's Public Works Agency continues to monitor Orange County Transportation Authority's (OCTA) Transit Master Plan and Long Range Transportation Plan to promote maximum transit options for Santa Ana stakeholders, and that supports Santa Ana's vision for Transit Oriented Development (TOD). • In 2020, the City continued to pursue grant funding opportunities to implement traffic signal synchronizations projects. These projects help to conserve fuel and improve efficiency of the traveling motorists along various corridors by reducing delays and maximizing throughput traffic. City Council 31 — 13 3/16/2021 The City continues to review residential and mixed -use development proposals in the District Center areas, such as the Transit Zoning Code, Metro East Overlay Zone, and Harbor Corridor Mixed Use Specific Plan. As part of the General Plan Update underway, the City has identified opportunity "Focus Areas" for potential new housing and mixed -use sustainable development. The creation of additional District Center and Urban Neighborhood land use designations are proposed. https://www.santa-ana.org/general-plan/meetings. Lastly, The Bowery project, approved by City Council in 2020, proposes expanding the District Center boundaries to allow for the development of 1,100 market rate apartments. The City to facilitate solar permits by offering over-the-counter plan checks and permit issuance for some installations. While there has not been a formal update to the City's adopted Climate Action Plan (CAP) yZ�.s.a irotg..... in ..qir, / ireen/clliirnate action Ilan, many of the 2020 goals have been met or exceeded. As part of the City's 2020 Draft General Plan Update Program Environmental Impact Report (PEIR) an evaluation of the City's existing greenhouse gas was conducted and found the GHG from energy (utilities) decreased from 2008 conditions to 2020. The City of Santa Ana Public Fleet continues to fully transition the City's large trucks fleet and heavy equipment from diesel to Compressed Natural Gas (CNG) clean fuel. Recently, six existing light duty vehicles were replaced with Chevrolet Volt electric vehicles (zero emission) for use by City personnel. In addition, through South Coast Air Quality Management District (SCAQMD) funding, efforts continue to site additional Electric Vehicle (EV) charging stations for use City personnel and the general public. • As a result of the implementation of energy retrofits in City facilities through 2019, the City of Santa Ana has achieved Platinum Partnership Level for its Energy Efficiency Partnership with Southern California Edison, which results in increased incentives for new projects. 7. Growth Management Element This element was required by Orange County jurisdictions as part of a 1990 voter approved Measure M requirement, to assure that growth and development in Santa Ana was based on an adequate circulation system. • The Draft General Plan Land Use Element (October 2020) proposes policies and programs to increase residential and mixed use development along major transit corridors to address housing needs and business enterprises to promote a balanced and sustainable community. Approved by City Council in December 2020, a Park and Recreation Master Plan is underway to evaluate further measures to promote a healthy proportion of open space to serve existing community need, as well as future park land needs related to new development growth. City Council 31 — 14 3/16/2021 • Through the Development Review process and discretionary project entitlement conditions, the City continues to promote Transportation Demand Management to identify traffic reduction strategies related to new development. The Public Works Agency continues to require all new development applicants to contribute their fair share of the costs, as well as mitigation requirements, associated with their project. This is coordinated through the City's Development Review and approval process, and inter -jurisdictional forums when impacts extend outside the City's boundaries. • The City continues to require Development Phasing Plans, as needed, to ensure that infrastructure is constructed as development occurs so that the provision of road improvements is in balance with traffic demand. • In 2020, the required "Annual Monitoring" report was submitted to the OCTA evaluating City's actions and practices that maintain eligibility to receive Measure M funds for use in local transportation infrastructure improvements and the maintenance of our travelways. 8. Housing Element The Housing Element portion of the General Plan Annual Progress Report has been prepared in accordance with State Housing and Community Development (HCD) requirements, and is provided as Attachment A to this report. 9. Land Use Element The Land Use Element serves as a long-range guide for land use and development in the City. The primary objective of this Element is to assist in the management of future growth, to improve the City's overall physical appearance, to minimize potential land use conflicts, and to facilitate growth and development reflecting the community's vision. • In 2020, the City approved four zoning amendment applications to facilitate new residential communities and to bring consistency between the zoning code and the general plan land use designation. In November 2020, State HCD granted the City of Santa Ana funding through the Local EarlyAction Program (LEAP) to update the Zoning Code to facilitate residential development. This will include reevaluation of existing residential development standards, and the development of new zoning and design standard options to be consistent with the proposed new General Plan designation for land use changes under consideration. • There are three design guideline tools to address residential/mixed-use projects along transit -ways. These include the Metro East Mixed Use Overlay Zone (MEMU), the Transit Zoning Code (SD-84), and the Harbor Mixed Use Transit Corridor Specific Plan (SP2). The Transit Zoning Code was amended in 2019 to address building height, massing and open space location to reflect current trends and best practices (ZOA No. 2019-03). In addition, a multi -departmental team comprised of City staff from the Planning Division, Building Division, and the Public Works Agency, along with MIG consultant firm, completed two public realm plans. The public realm plans provide design guidelines and treatments for the City Council 31 — 15 3/16/2021 streetscape, pedestrian amenities, and bike facilities in the MEMU and Harbor Mixed Use Transit Corridor plan areas. • The Draft General Plan Land Use Element (October 2020) identifies a proposed new Land Use Map; identifying additional five (5) Land Use Focus Areas with opportunity for development growth and change. • In December 2020, the City Council authorized the preparation of a citywide Parks and Recreation Master Plan to evaluate the City's open space and park facilities, as well as recreational opportunities and programs. Through the Master Plan recommendations will be made to address City park land in underserved areas and anticipated future park land needs. • In January 2020, the City Council approved an expedited process for land subdivisions, reducing processing approval by 30 days on average. • The City's Development Review Committee, a committee comprised of six interagency departments, continued review of development project applications through the Development Project Review process. In 2020, 29 Development Project Review applications were submitted for evaluation by the interagency Committee. • One Broadway was re -entitled in April 2020 to allow a mixture of office, commercial, and residential uses in close proximity to jobs -rich Downtown and Civic Center and transit. • Major development projects and projects requiring general plan amendments or zoning amendments are required to submit an Economic Benefits and Fiscal Analysis to evaluate their short and long-term economic contributions. • Continue to utilize the Development Review to review plans for consistency with the Citywide Design and Development Guidelines to require pedestrian connects the new development to nearby residential areas and the public pedestrian system. Through funding from SCAG Sustainable Communities Program, two Public Realm Plans were prepared to enhance pedestrian improvements (Metro East Overlay Zone and Harbor Specific Plan Public Realm Plan). The City continues to support 64 recognized neighborhood associations, with 52 of those currently active; and encourages collaboration and coordination between residents, their volunteer associations, 100+ Home Owner Associations (HOAs), apartment owners, municipal agencies, and hundreds of neighbor -serving, faith - based and community -based organizations. With COVID-19 and Governor's Stay at Home Order, neighborhood meetings and activities have evolved into a virtual format and with adjustments along the way, a single virtual meeting platform has been used to offer bilingual interpretation and translation services for non-English speaking members of the public. The City continued to apply Healthy Housing Standards along with other codes to promote safe/healthy homes in our community and ensure good property maintenance continues. Enforcement tools to expedite and remedy violations include: Administrative Citations, Notices of Violation, and Notice and Orders. In City Council 31 — 16 3/16/2021 2020, with COVID-19 pandemic making its presence, the City's Code Enforcement Division continued to work diligently with tenants and property owners to reduce and eliminate life safety issues related to their housing and improve their quality of life, while committed to exercising COVID-19 Safety Protocols that include but not limited to physical distancing to the maximum extent possible, use of face coverings, frequent handwashing and usage of sanitized gel/cream. Code Enforcement staff continued to use Administrative Citations best practices as a tool to expedite and remedy violations. They continued collaboration with the City Attorney's Office and the Santa Ana Police Department to address severe land use violations such as illegal casinos and cannabis business in residential properties. The Proactive Rental Enforcement Program (PREP) staff continues providing City Loan Program information to residential property owners when corrective notices are issued. Information on the City Housing Loan Program is made available to property owners by Code Enforcement and Housing staff. • Environmental Health Risk Assessments continue to be required for major development projects located in close proximity (500 feet) of freeways, such as Central Pointe at 1801 East Fourth Street (entitled in 2020). • The 2020 Draft General Plan Update identifies an Implementation Action to revise the City's zoning code and development standards to require physical and/or distance buffers between heavy industrial uses and sensitive uses like residences, schools and parks. • Continue Water Quality Management Plan (WQMP) review for public and private development projects throughout the City to ensure that post -development storm water runoff is captured and treated via the construction of infiltration, biotreatment, or harvest and reuse Best Management Practices (BMPs). WQMPs minimize the quantity of storm water runoff directed to impermeable surfaces and the City's storm water drainage system, while maximizing the percentage of permeable surfaces to increase percolation of storm water into the ground. The City is focused on improving water quality and maintaining downstream drainage facilities, flood protection levels, and stream habitat. In the FY 2019-20 National Pollutant Discharge Elimination System (NPDES)Annual Report, the City approved thirteen (13) WQMPs covering 21.1 acres of treated development project area. • Continue ongoing education and safety programs that address overcrowding. The CDBG program provides annual grants cities to develop viable urban communities through decent housing and a suitable living environment for low- to moderate - income persons. Initiatives. Several funded non -profits (Public Law Center, Community Legal Aid SoCal) and coordinated with Fair Housing Council of OC to provide Santa Ana residents with housing counseling which cover living conditions, including overcrowding. In 2020, the City adopted the 5-year Consolidated Plan 2020-2024 and members of the public and housing groups advocated for more affordable housing policies and programs to alleviate overcrowding, especially during a pandemic. The City continues to receive complaints or concerns regarding overcrowded housing on private property, and code enforcement staff responds and educates the property owner and residents regarding code standards allowed City Council 1.531 — 17 3/16/2021 in the residential unit. In addition, the City held Santa Ana CARES mobile resource assistance centers three times a week in neighborhoods and at parks in conjunction with COVID-19 testing where residents and building owners were able to apply for utility assistance and tenant rental / landlord relief programs to respond to overcrowded housing and economic assistance from August through late December 2020. • The City Code Enforcement continues to apply Healthy Housing Standards along with other codes to promote safe/healthy homes in our community and ensure good property maintenance continues. Enforcement tools to expedite and remedy violations include: Administrative Citations, Notices of Violation, and Notice and Orders. Severe substandard properties that required special attention were handled through the Code Enforcement Receivership Program. This program facilitates enforcement through the court system to ensure violations are abated and community concerns are mitigated. The Proactive Rental Enforcement Program (PREP) staff continues providing City Loan Program information to residential property owners when corrective notices are issued. • As redevelopment set -aside funds for affordable housing are no longer available to jurisdictions, Santa Ana must utilize other federal, state, and local funding tools to promote new affordable housing construction. In 2020, the Santa Ana Housing Opportunity Ordinance (HOO) contributed $6,075,000 towards the construction of 107 affordable units in two new housing developments. An additional $1,514,113 from the HOO was earmarked to support the construction of 85 affordable units in a third housing development. The HOO was updated in 2020 by City Council to modify the threshold and lower the in -lieu fee in order to stimulate development activity during the COVID-19 pandemic. In addition, the City of Santa Ana continues to collaborate with the Orange County Housing Trust organization to identify candidate affordable housing projects in Santa Ana to receive Housing Trust funding. • The City's present Accessory Dwelling Unit (ADU) ordinance is one tool to facilitate more affordable housing options and accommodate extended family needs. In 2020, over 160 planning applications were submitted to construct ADUs, also referred to as Granny Flats or Second Dwelling Units. 10. Noise Element This element is on remedial measures to deal with existing noise problems, prevention of new noise problems through proper arrangement of noise sensitive land uses in relationship to circulation systems, and establishment of appropriate noise emission or insulation standards for the various land uses. • Review zoning ordinances and modify as necessary to assure appropriate insulation and/or other noise reduction actions with respect to interior and exterior power and mechanical equipment. Require Noise studies (car wash). • Continue to utilize the development approval process to assure that buildings are sited and internal and external traffic circulation systems designed so as to City Council 31 — 18 3/16/2021 minimize the impact of noise -generating activities on nearby neighborhoods and noise -sensitive land uses. • Work with the California Department of Transportation to develop a freeway noise mitigation program. • Alleviate through -vehicular traffic in residential neighborhoods via implementation of traffic calming measures, including landscaped bulb outs and roundabouts where feasible. Through grant funding 11.Open Space, Parks and Recreation Element This element sets forth the City's priorities for retention and treatment of open space; an increasingly precious resource as the City takes on a more urban character. This element also relates to the provision of leisure activities to promote lifelong learning and quality of life. • Implement a park and recreational facilities phasing program which prioritizes needs in the City's more intensely developed neighborhoods. In 2020, City Council approved the preparation of a Citywide Park and Recreation Master Plan to identify community needs, engage the public input, and prepare recommendation for addressing needs. • The City continues to collaborate with SAUSD to maximize joint use of school recreational facilities for community use. • In 2020, several park rehabilitation project improvements for lighting, game court and play equipment additions and landscaping improvements. Lighting projects were implemented at Saddleback View Park, Portola Park, Cabrillo Park, Rosita Park, Angel Park, Riverview Park, and Campesino Park. In addition, Pacific Electric Bike Trail Security Lighting was provided, as well as Rosita ballfield LED sports lighting and Stadium "Eddie West Field" LED sport lighting. New and rehabilitation landscape projects were also spearheaded in 2020, including at Thornton Barrier Free, El Salvador Park, Santiago Park, Mariposa Park, Standard/McFadden Park , and Center Street urban greening at Jerome Park • In 2020, the Parks, Recreation and Community Services Agency began efforts to design new park signage throughout the City regarding park hours and use regulations. In addition, a sign was installed for the Pat McGuigan Skate Park, in honor of Councilwoman McGuigan, as well as the new George Upton All Access Park sign. • Due to the COVID-19 pandemic, after March 2020 recreational programing and other open space facilities were discontinued and/or limited to address health and safety concerns, with a few exceptions such as the City's Senior Meal Program. • In 2020, the Planning and Building Agency continued to utilize existing zoning and development standards to promote "common" open space for new residential developments, designed to be public accessible and viewable by the public. This publicly accessible open space would be an amenity for the residents of the proposed new housing project, as well as the general public. City Council 31 — 19 3/16/2021 The City of Santa and the Orange County Flood Control District (OCFCD) have a master bikeway agreement to construct and maintain bikeways along flood control channels. In 2020, the design of the Santa Ana Garden bikeway was finalized which will be located along an existing Orange County Flood Control channel (OCFC). Also along the OCFC channel, plans were developed for the Flower Street bikeway to be renovated and improved with security lighting. 12. Public Facilities Element This element addresses facilities and services related to education, library, medical, cultural, government and public utilities. The Public Safety Element deals with police and fire facilities and services, and the Open Space, Parks and Recreation Element discusses park and recreation facilities. • Investigate methods of private sector partnership with the City to expand and upgrade public facilities and services, such as contribution of funds in accordance with Federal tax laws governing corporate pre-tax charitable contributions. • Monitor external funding sources to implement recommended upgrades identified in the City's Storm Drain Master Plan. In 2020, City applied for grant funding from California Natural Resources Agency (CNRA) through Proposition 68 Urban Flood Protection Program. • In 2020, $70,000 in funding was awarded to twelve individual artists and arts/culture organizations through the annual Investing in the Artist Grant Program. • While not feasible in 2020 due to COVID restrictions, the City's Arts and Culture Office anticipates providing free educational workshops, such as grant writing, intellectual property law, and digital marketing/communications, for individual artists and art organizers to enhance their sustainability and impact. • The City continues to provide facilities support for regional art institutions, including Bowers Museum, CSUF Grand Central Art Center, and the Orange County Center for Contemporary Art to promote ongoing education and international exhibits and programs. • The City continues to promote the arts and culture through collaboration and support of local periodic arts and cultural events, such as Boca De Oro Festival of Literary Arts & Culture held in February 2020. Due to COVID, in person Artwalk @ DTSA was limited to January through March 2020, with online participation later in 2020. • Encourage support and continue to formally recognize contributions of time, material, and funds by local businesses, service clubs, and individuals to such programs as those of the zoo, museum, and library. • Completed seven energy efficiency projects in City facilities, including LED lighting retrofits at the SARTC and Civic Center parking structures, Corporate Yard Admin Building, PD building, Santa Ana Stadium, and various parks. City Council -_ 31 — 20 3/16/2021 13. Public Safety Element This Element aims to reduce to acceptable levels those risks associate with activities over which the City has some jurisdiction through elimination of avoidable risks. These risks include fire, flood, civil disorder, incidence of crime and other natural and man - induced potential safety hazards. • Continue use of non -sworn personnel in appropriate law enforcement junctions. SAPD continues to employ non -sworn personnel to handle administrative and Police Service areas that specifically involve community engagement programs and coordination with City and community/ neighborhood organizations and business owners. • Annually assess efficiency of police fleet and personnel deployment plans as related to police call patterns and modify as appropriate. SAPD reviews data regarding calls for service and timely responses to service calls on an ongoing basis with Chief and Bureau Deputy Chiefs. • SAPD currently employs several non -sworn Police Service Officers to provide community engagement programming and safety programs and partners with neighborhoods, community -based organizations, faith -based groups, schools, and businesses with an interest in strengthening community police relationships. Limited programming in 2020 included the following bilingual programs - Coffee w/ a Cop, CERT courses, Neighborhood Watch, Gang reduction, Community Police academy, Communication Linkages and other neighborhood association meetings. • Continue "storefront" and Public Safety Satellite Office police programs. Although several public safety satellite offices have closed, the SAPD Harbor / McFadden station continues to operate and serve all residents, including those residing in the Westend of the city limits. • Ongoing communication and assessment with OCFA and SAPD continues, in response to incidents and overall. • Continue community education programs directed to fire prevention and awareness. City and SAPD continue to coordinate with OCFA Santa Ana Division to offer fire prevention awareness at special events or neighborhood meetings, as needed. At several Santa Ana CARES mobile resource events that offered COVID-19 testing, OCFA participated to help bridge relationship with the community, SAPD, City staff, and OCFA team. • Zoning and building code enforcement programs continued in 2020 through PREP Code Enforcement efforts. A total of 1,797 rental units were inspected and generated 30 permits with a valuation of $44,200 in improvements to rental properties. • The City's Code Enforcement PREP program is a systematic inspection program of rental housing which focuses on bringing rental housing units into compliance with City codes and standards. The PREP program continued in 2020 with a total of 1,797 rental housing units inspected City Council 31 — 21 3/16/2021 • Enforce seismic safety provisions of the building code with respect to both new and existing structures. The City's Building Safety Division continued enforcement of the City adopted California Building Code, including enforcement of seismic safety provision that it requires for new structures. • Continue to enforce the requirements of the Flood Plain Management Ordinance. • Continue to monitor external funding sources for the City's Capital Improvements Program (CIP) to implement recommended upgrades identified in the City's Storm Drain Master Plan to. In 2020, City applied for grant funding from California Natural Resources Agency (CNRA) through Proposition 68 Urban Flood Protection Program. • Continue to develop and/or support local and regional programs to improve solid waste disposal standards and programs, especially those dealing with toxic substances. Program improvements are integrated into the scope of the City's Solid Waste Request for Proposal (RFP) and will be implemented upon contract award in July 2022. • The City's Emergency Operations and Management staff continues to seek financial support for emergency management programs from applicable Federal and State sources such as hazardous materials transport user fees authorized by the Federal government. • Continue Water Quality Management Plan (WQMP) review for public and private development projects throughout the City to limit disturbance of natural water bodies and drainage systems and conserve natural areas; protect slopes and channels; and minimize impacts from storm water and urban runoff on the biological integrity of natural drainage systems and water bodies. In FY 2019/2020, the City cleaned approximately twelve (12) miles of channel and storm drain pipe to remove approximately 94 tons of debris and trash. • Require development within the 100-year flood zone to implement mitigation measures to minimize risks associated with flood hazards. PBA • Collect, maintain, and make available information regarding flooding hazards to remain aware of potential hazards and serve as an educational resource for the community. 14. Scenic Corridors Element Scenic corridors are linear features of the City through which people and vehicles move. They include streets, highways and waterways, with their associated pedestrian ways and bike trails. This element of the General Plan is designed to identify Santa Ana's scenic corridors and promoting them for special treatment and improvements. • In 2020, two public realm plans were prepared to promote aesthetic, walkable corridors envisioned for mixed -use residential development. Through a sustainability grant by the Southern California Association of Governments (SCAG). Public Realm Plans were completed for the Metro East Mixed Use City Council 31 — 22 3/16/2021 Overlay located along the First Street Scenic Corridor, and Harbor Boulevard Mixed Use Transit Corridor Specific Plan along the Harbor Boulevard Scenic Corridor were completed. • In 2020, "green street" features to treat stormwater runoff from public roadways were included the Metro East and Harbor Boulevard Draft Public Realm Plans. Additionally, the City began construction on the Santa Ana Boulevard and Fifth Street bike lane project which includes bioretention basins. • The City has programed over $1,000,000 annually in the preservation and maintenance of the City's Urban Forest. In particular, the urban forestry program emphasizes trees in parkways and in medians also leading to the aesthetic and scenic appeal of arterial corridors. The City has successfully maintained Tree City USA status for more than a decade, affirming the role of an Urban Forest and street trees to the quality of life and advancing the local and regional mobility experience. • Through the City's Development Review and equipment screening criteria, new development and rehabilitation projects continued to require architecturally compatible screening of unsightly uses which can be viewed from scenic corridors. • In 2020, the Public Works Agency engaged in Pro -Active and Reactive graffiti removal over 400 miles of streets and 47 City parks, within 48 hours or less and provided seven-day per week services on the City Right -of -Way (pubic property). A total of 183,094 Graffiti Tags were removed in 2020; many in response to requests from the City Graffiti Hotline (877) STOP TAG and the MySantaAnaApp, however, the majority of the services were due to the City's pro -active service efforts. In addition, the Santa Ana Police Department continues to perform the enforcement and investigation thought their graffiti task force detectives and Code Enforcement cites property owner that do not maintain their properties or contribute to graffiti vandalism. 15. Seismic Safety Element This element addresses seismic hazards including susceptibility to surface ruptures, ground shaking and ground failure. The aim of this element is to reduce deaths, injuries, and damage to property, and economic and social dislocation resulting from earthquakes and other geologic hazards. • The Planning and Building Agency continues to enforce seismic design provisions of the California Building Code for new development and major rehabilitation projects. • As appropriate, the Planning and Building Agency utilizes the State Historic Building Code in the review of repairs and building modification that are architecturally or culturally significant buildings. Best design practices to minimized impacts to historical character and integrity of exterior of historic structure are used. City Council 31 — 23 3/16/2021 • In 2020, the City begun drafting a Hazard Mitigation Plan, which will identify seismic threats to City facilities such as City Hall, Police and Fire Stations and Emergency Operations Centers, and propose projects or measures to reduce seismic risks to those facilities. 16. Urban Design Element This Element establishes a long range vision regarding the City's urban form to orchestrate a safe, functional, and aesthetically pleasing urban environment. This Element specifically addresses outdoor space and building form, and establishes programs and measures to improve the physical setting in which community life takes place. • Coordinate consistency between urban design policies and policy layers, and the zoning districts. The City adopted the Citywide Design Guidelines which created consistency between urban design policies and policy layers, and the zoning districts in 2002. • Update development standards and design guidelines to reflect urban design policies and principles. Two public realm plans reflecting pedestrian friendly amenities and urban character for major corridors were completed. • Develop an urban design review methodology to implement design policies, layers, and guidelines. Developed and completed an urban design review methodology to implement design policies and guidelines in 2016. • Examine and modify site plan review, project review, and the planning counter review processes to implement urban design goals and policies. Continued to examine and modify the site plan review, project review, and the planning counter review process to implement urban design goals and policies. • Investigate requirements and/or incentives to encourage the incorporation of art in existing and new developments. Continue to require and condition new development projects to install public art as part of land use entitlements. • Develop design guidelines to integrate the concept of "defensible space." The City continues to integrate the concepts of "defensible space" and crime prevention through environmental design (CPTED) on all development projects. • The Community Development Agency completed the Arts and Culture Master Plan to increase public interest, appreciation and support for art in public places. The City's Arts & Culture Office is working with its Commissioners to develop a Mural Guideline for publicly -owned spaces, as well as integrating public art into new construction projects. The Arts and Culture Office is also partnering with Parks, Recreation and Community Services to create outdoor "Artist Spaces" at City parks and city -owned lots. • Encourage active participation from property owners, businesses and the general public to upgrade landscaping, paint, signage and other exterior renovations. The City holds an annual Most Beautiful Yard award to encourage residential property City Council `_ 31 — 24 3/16/2021 owners to upgrade landscaping, but due to the COVID-19 pandemic the program was not held in 2020. • In 2020, the City continued to require into property maintenance agreements to be executed with property owners as part of applicable land use development project entitlements. • The Planning Division identified nine historically sensitive neighborhoods to protect and improve the area's character through enhanced design review. • The City is engaged in a variety streetscape and theme enhancements and related street improvement plans. In 2020, community outreach and physical improvements continued on the South Main Corridor Plan to improve the public realm and streetscape amenities. The South Main Corridor Plan construction is slated to begin 2021. OC Streetcar construction improvements continued throughout 2020, transforming various major arterial corridors and enhance the streetscape throughout the route. • As part of the OC Streetcar project, decorative sidewalk treatments were approved for installation along the streetcar path in Downtown, and landscape plantings and medians are planned to enhance the aesthetics and setting around the stops. In addition, 2020 marked the implementation of part of the Downtown Complete Street Plan to provide protected bike lanes, new roundabouts, and landscape bulb - outs to improve safety, reduce traffic speeds, and enhance the pedestrian and cyclist experience. • As part of the South Main Corridor Plan improvements, efforts are underway to replace bus shelters with design detailing in keeping with the historic South Main character, and complement the historic street lights. • Two public realm plans have been completed for the Harbor Mixed Use Transit Corridor Specific Plan and the Metro East Mixed Use Overlay area. The Plans will create a uniform design and aesthetic for the two areas, improve the pedestrian and cyclist experience, and facilitate coordination with private property development. • Coordination of the design of on -site and off -site vehicle and pedestrian circulation in ongoing through the interagency City's Development Review Committee. • Per the City's Median Master Plan, the Public Works Agency continues to support the installation of water efficient landscaping and infrastructure in the City street medians • In November 2020, State Housing and Community Development (HCD) granted the City of Santa Ana funding through the Local Early Action Program (LEAP) to update the Zoning Code reevaluate and create addition zoning development and design standards to facilitate residential development. A Request for Proposal (RFP) for consultant assistance is anticipated to be presented to City Council in Spring 2021 for consideration. • Through the City's Development Review process, the Planning Division coordinates with architects and landscape architects are to promote creative, high City Council -- 31 — 25 3/16/2021 quality architecture and site design. In addition, new major development projects are conditioned to install public art as part of land use entitlements. 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U U o Q Q L .L. S E L O@ 7 U (A Q E E N ° 0 0 C U) Q Q m U a) 7 C to a. LL U i c LO LO o � _ LO _ � m N CD N co co F co Al ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202) lopment Bonus Approved pursuant to GC Section 65915.7 Project Identifier Units Constructed as Part of Agreement Date Approved City Council 31 —68 3/16/2021 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (OCR Tile 25 §6202) Table F Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1 c Please note this table is optional: Thejuriedlctlon can use this table to report units that have been substantially rehabilitated, converted from non -affordable to affordable by acquisition, and preserved, including mobilehome park preservationconsist eat with the standards set forth in Government Code section 65583.1, subdivision (c). Please note. motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(I pl)) are considered net -new housing units and must be reported in Table A2 and not reported in Table F. NaxCRHNA ����' Units t(ra�D¢f3uHt Y3aJ�Jn Ni±te 6ee'austith'fe�sratu yr rkAuiremdryke s8+s'Iylirnitwhar?H 4s,,;, rrrrriiiii ' WeCGdPgr Gummed pleassnronka¢CH CS Yer Yfi Jpe2J7il pasaward tFraktaiU enablrtybu '% The¢njptlunhauldaQ�quatpfysfasuK3er)374F" {iu�fi4fiy'Yype,,,aurnplke''6!�rWoo t4f ¢dpulatsltl�sa fields fis'r{Ctlun {0)m}'Agyxi+nfn8ht, Cd',dk'9kk�karf'$��8`A:1"",,•• �xkNemkl ��}ky tit5eM6f, Loy/ #dry Law1r Y4Y<tL „j .........I ......,,,L ,,,,,, Imam¢.... yery,}'.m✓In¢pFhe, ,, Law lnasYme 7bTa1.,UNlI`,Su. ,„,,,Insr!6M,z,,,,,,.; Inbone �.. ,' l.ay......... ,,, uNlfffi ....... .........I ,,,,,,,,,I Rehabs tatlon Activity Preservation of Units At -Risk Acquisition of Residential Units Mobilehome Park Preservation Total Units bylncome City Council 31 — 69 3/16/2021 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202) Table G Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier 1 2 3 4 Ali/ ......... ........... utrb £ #dilr s ., .......,... ¢FYI JurisfJttcrn Project ftirre,,, 7`rra�lsitrg I[£- ................,..., ........, .....,..., Reallstic1aci Iderrlt})et{ �n £he hfrxuifig El�ftrs:nt ........, ....,...,, Erttit tc5 wlso „ , tPansP+�rf"�tl ,,,,,,,,, ,,,,,,,,, ,,,,,,,, In£ nde2l (! 'f'iw/btt....„ ......, Summary Row. Start Data Entry Bel'aw - City Council 31 — 70 3/16/2021 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202) Table H Locally Owned Surplus Sites Parcel Identifier Designation Size Notes 1 2 3 4 5 6 7 �l(�Kf � kr #Ael ff€t s/rfYtiisrsectibn"" existing Use" �" 6rssr�jryl�tfan parEl S ze (i4, ,,,,,,,,,,,,,,,,, Noun ,,,,,,,,,,,,,,, Summary, RowsStatt Data Entry Below' 405-252-22 1607 N. Bristol St. Commercial Surplus Land 0.109 405-252-21 1601 N. Bristol St. Commercial Surplus Land 0.311 405-272-21 N/A Commercial Surplus Land 0.024 405-272-18 1411 N. Bristol St. Commercial Surplus Land 0.125 405-272-17 1405 N. Bristol St. Commercial Surplus Land 0.125 405-272-16 1401 N. Bristol St. Commercial Surplus Land 0.125 405-272-15 1321 N. Bristol St. Commercial Surplus Land 0.125 405-272-14 1319 N. Bristol St. Commercial Surplus Land 0.125 405-272-13 1315 N. Bristol St. Commercial Surplus Land 0.125 405-272-12 1311 N. Bristol St. Commercial Surplus Land 0.120 402-272-11 1303 N. Bristol St. Commercial Surplus Land 0.219 004-123-48 828 N. Bristol St. Commercial Surplus Land 0.317 004-123-52 N/A Commercial Surplus Land 0.238 010-295-23 430 S. Bristol St. Commercial Surplus Land 0.105 010-295-22 434 S. Bristol St. Commercial Surplus Land 0.101 010-295-21 438 S. Bristol St. Commercial Surplus Land 0.101 010-295-20 442 S. Bristol St. Commercial Surplus Land 0.101 010-295-19 446 S. Bristol St. Commercial Surplus Land 0.101 010-295-18 502 S. Bristol St. Commercial Surplus Land 0.100 010-295-17 506 S. Bristol St. Commercial Surplus Land 0.100 010-295-16 510 S. Bristol St. Commercial Surplus Land 0.100 010-295-15 514 S. Bristol St. Commercial Surplus Land 0.100 010-295-14 SIBS. Bristol St. Commercial Surplus Land 0.100 010-295-13 522 S. Bristol St. Commercial Surplus Land 0.100 109-345-20 712 S. Bristol St. Commercial Surplus Land 0.100 109-345-19 716 S. Bristol St. Commercial Surplus Land 0.099 109-345-18 720 S. Bristol St. Commercial Surplus Land 0.099 109-345-17 802 S. Bristol St. Commercial Surplus Land 0.099 109-345-16 806 S. Bristol St. Commercial Surplus Land 0.099 109-345-15 810 S. Bristol St. Commercial Surplus Land 0.099 109-345-14 814 S. Bristol St. Commercial Surplus Land 0.099 109-345-13 818 S. Bristol St. Commercial Surplus Land 0.099 109-345-12 822 S. Bristol St. Commercial Surplus Land 0.099 109-345-11 902 S. Bristol St. Commercial Surplus Land 0.108 015-194-40 2235 S. Bristol St. Commercial Surplus Land 0.164 015-194-37 1211 W. Warner Ave. Commercial Surplus Land 0.236 398-385-03 1222 E. 4th St. Commercial Surplus Land 0.143 398-385-04 1225 E 4th St. Commercial Surplus Land 0.066 398-385-05 1221 E. 3rd. St. Commercial Surplus Land 0.083 008-091-01 315 N. Bristol St. Commercial Surplus Land 0.171 008-091-13 303 N. Bristol St. Commercial Surplus Land 0.024 008-091-14 1247 W. 3rd St. Commercial Surplus Land 0.147 008-091-02 1244 W. Santa Ana Blvd. Commercial Surplus Land 0.148 398-453-05 1214 E. 3rd St. Commercial Surplus Land 0.143 398-453-06 202 N. Grand Ave. Commercial Surplus Land 0.434 008-081-28 517 N. Bristol St. Commercial Surplus Land 0.075 008-081-26 515 N. Bristol St. Commercial Surplus Land 0.133 008-082-29 1247 W. Santa Ana Blvd. Commercial Surplus Land 0.129 398-492-14 823 E. 1st St. Commercial Surplus Land 0.099 007-203-24 1503 W. 1st St. Commercial Surplus Land 0.092 405-074-16 724 N. Bristol St. Commercial Surplus Land 0.123 405-074-17 716 N. Bristol St. Commercial Surplus Land 0.083 405-074-18 712 N. Bristol St. Commercial Surplus Land 0.077 405-074-19 704 N. Bristol St. Commercial Surplus Land 0.111 007-302-21 302 S. Bristol St. Commercial Surplus Land 0.104 007-302-20 306 S. Bristol St. Commercial Surplus Land 0.125 007-302-19 310 S. Bristol St. Commercial Surplus Land 0.121 007-302-18 314 S. Bristol St. Commercial Surplus Land 0.124 007-302-11 318 S. Bristol St. Commercial Surplus Land 0.123 007-302-16 1402S. Bristol St. Commercial Surplus Land 0.122 City Council 31 - 71 3/16/2021 Locally Owned Surplus Sites Parcel Identifier o aoaaa II II b- 11 � f • �-� 11842 N. Garnsey St. City Council 31 — 72 3/16/2021 Note: Units serving extremely low-income households are included in the very low- income permitted units totals 1=1au�iri� Alf lic�tft�arfs Sumrh�r Total Housing Applications Submitted: 178 Number of Proposed Units in All Applications Received: 1,581 Total Housing Units Approved: 833, Total Housing Units Disapproved: p . Usk rsf 53t trmlrning Prcrurs�c�n Number of Applications for Streamlining o Number of Streamlining Applications Approved o Total Developments Approved with Streamlining 0 Total Units Constructed with Streamlining o City Council 31 — 73 3/16/2021 v w Q o of v N 0 v a 0 LL.I v 0 ti s 0 0 0 0 3 " O O C Ell m v C - C - C � � � s O ¢ � a w - s w ¢ z 3 a a F m o Z a • t � a o u E o o Q c T O a Z wm o Z — ¢ Q @ v 0 a o 0 c w' a � a u� fi 0 0 � � N I O O � a 6 N N ❑ y h w o v vi _ � cu c o 1, Q N a ti 0 v � 6 o K K K c O n❑z❑z❑z a N O a O N O K � a O N O o v G a IA U . {V N 0 3 d N � O O a O H, H c} CJ r 8 N N N O m m o ❑ Z ❑O o 0 0 ❑ Z O 0 0 0 ❑ Z b r1 N � 0 O H T N O N T M M Al Finance and Management Services https://www.santa-ana.org/finance Item # 32 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: Provide Direction for FY 2021-22 Budget AGENDA TITLE: Provide Early Direction for Preparation of the Fiscal Year 2021-22 Budget RECOMMENDED ACTION 1. Adopt the proposed Budget and Reserve Policy. 2. Direct staff to: a. Increase miscellaneous fees by 1.67%; OR b. Maintain miscellaneous fees at current rates. 3. In addition to Strategic Plan goals already identified, provide any further direction for the draft FY 2021-22 Budget and key priorities for federal funding from the American Rescue Plan Act of 2021. EXECUTIVE SUMMARY This report contains early information for the draft FY 2021-22 Budget, as well as additional Strategic Plan Goals prioritized by the City Council in closed session on February 12, 2021. Staff offers an updated Budget and Reserve Policy for City Council consideration, as well as an opportunity to provide direction to staff before reviewing the draft budget in May. A summary of early expectations for the General Fund budget follows. This report includes detailed information for expected changes. FY 2020-21 Midyear Budget Update Early Estimates of FY 2021-22 Changes Potential FY 2021-22 Revenue $323,588,143 $9,062,300 $332,650,443 Expenditures $ 334,521,033 $ 11,501,499 $ 346,022,532 Net Activity $ 10,932,890 $ 2,439,199 $ 13,372,089 City Council 32 — 1 3/16/2021 Provide Direction for FY21-22 Budget March 16, 2021 Page 2 As of the Midyear Budget Update, the estimated available General Fund balance at June 30, 2021 is $13,846,139. DISCUSSION The FY 2021-22 budget process kicked -off in November and the City Council approved a budget calendar on December 15, 2020. Staff has been busy compiling a draft budget, and meetings between the City Manager and Directors will occur this month to review department -proposed changes. The draft budget will include support for Strategic Plan Goals. Strateaic Plan Goals On June 16, 2020, the City Council adopted the Five -Year Strategic Plan. On February 12, 2021, the City Council met in closed session and created additional Strategic Goals for the City Manager to address. The Strategic Plan Priorities and new additions to goals follow. Strategic Plan Priorities NEW Goals Added Financial Stability Community Safety • School Partnerships Modern Facilities & Infrastructure . Bridge Digital Divide Efficient City Services Economic Diversification & Expansion . Address Housing Challenges • Parks, Open Space & Amenities Staff will develop additional performance measures as necessary, and any proposed increases to FY 2021-22 spending will support one or more Strategic Plan Goals. American Rescue Plan Act of 2021 & Economic Outlook The federal stimulus package includes a $350 billion Coronavirus State Local Fiscal Relief Fund that would provide approximately $65 billion in direct and flexible funding to cities for pandemic response and revenue replacement. The current estimate for the City's allocation is $143 million. The funding will be critical for recovery as we emerge from the pandemic. The City will receive the first allocation within 60 days after enactment. The City must spend the federal funding by December 31, 2024. Similar to the CARES Act, staff will develop a draft plan for "Revive Santa Ana" and return to City Council when we have more information on the federal spending guidelines. The public will have an opportunity to provide initial input during the Community Budget meeting on March 25. UCLA Anderson Forecast recently released its projections for the California economy, including 2022 statewide increases of 2.4% for CPI, 1.6% for taxable sales, and 2.9% for residential building permits. Although the overall outlook is positive, UCLA Anderson Forecast Director Jerry Nickelsburg expects the leisure and hospitality sectors in Santa Ana will have a slower recovery than other markets in California. City Council 32 — 2 3/16/2021 Provide Direction for FY21-22 Budget March 16, 2021 Page 3 Update to Budget and Financial Policy The City Council adopted the Budget and Financial Policies on June 6, 2017 (Exhibit 3). The Policy document included guidelines for General Fund reserves and two internal service fund reserves. On April 21, 2020, as part of the FY 2020-21 budget process, staff reported the need for a policy update, but did not make a recommendation due to the unknown effects of the pandemic and the local emergency declared by the City Council with Resolution 2020-016 on March 17, 2020. Considering City Council direction to proceed with pension debt financing, staff proposes an updated policy to clarify ambiguities (Exhibit 1, proposed Budget and Reserve Policy). The primary purpose of a reserve is to mitigate risk and provide cash flow. As such, staff prepared a risk assessment and cash flow analysis to support the proposed General Fund Reserve policy amount (Exhibit 2). The following table compares the 2017 policy to the proposed version. 2017 Policy Comments Proposed Policy Operating Reserve of The City has maintained Reserve 18% of annual 16.67% to 20% of annual the minimum 16.67% recurring General Fund recurring General Fund requirement as applied to revenue, combining the revenue or expenditures annual recurring revenue former Operating Reserve and Economic Uncertainty Reserve Economic Uncertainty The City has maintained See above for the Reserve of 1 % to 10% of the minimum 1 % proposed combination of recurring General Fund requirement Reserves revenue General Liability and At June 30, 2020, the No change to policy; Workers Compensation General Liability fund however staff will develop internal service funds — balance was 80% of the a plan to achieve the Reserves of 80% of actuarial determined desired reserve balance actuarial determined liability, but the Workers over time liabilities Compensation fund balance was only 31 % of the liability No policy for other funds The City has many funds Individual Target Reserve critical to ongoing Balances for each internal operations service fund, and a target for all other funds (20% of annual operating costs), if allowed by restricted funding sources City Council 32 — 3 3/16/2021 Provide Direction for FY21-22 Budget March 16, 2021 Page 4 Adoption of the proposed Policy would result in: 1. A slight increase in the minimum General Fund Reserve requirement, from 17.67% (16.67% Operating + 1 % Economic Uncertainty) to 18% of annual recurring revenue; and 2. The proposed Budget and Reserve Policy replacing the 2017 Budget and Financial Policies. Cost -Based Fees The City charges fees to recover its cost of providing service to an individual (e.g. building permit). Each year staff reviews fees to ensure they are compliant with state law, and proposes changes as needed. As part of the review process, staff typically proposes an overall increase by the Consumer Price Index (CPI) in an attempt to keep pace with the increasing cost of the City's workforce. The CPI increase for FY 2021-22 miscellaneous fees would be 1.67%, estimated to generate up to $200,000 of revenue. Over the last 8 years, the CPI increase has averaged 3.17%. The last low CPI was 1.55% in 2011, when the region was still feeling the effects of the Great Recession. Considering the impact the pandemic has had on household income and business activity in the City, the City Council may elect to refrain from a fee increase for FY 2021-22. Estimated Impacts to FY 2021-22 General Fund Revenue The following provides an early snapshot of expected FY 2021-22 revenue increases. Expected Change to FY 2021-22 budget Comments One -Time Items $(500,000) Remove one-time receipts from FY 2020- 21 estimated revenue, to arrive at a recurring revenue baseline Sales Tax Bradley $2,378,900 Based on latest "conservative" estimate Burns from sales tax consultant Sales Tax Measure X $1,762,400 Based on latest "conservative" estimate from sales tax consultant Property Tax $800,000 Based on 1.036% CPI increase to property assessments released by state Hotel Visitors Tax $2,200,000 Based on statewide partial recovery expected by League of California Cities Principal Fiscal Policy Advisor Business Tax $1,800,000 Based on a partial recovery of pandemic decrease Jail Revenue $621,000 Assumes third module opens by end of 2021, and we collect revenue for an additional 30 inmates at the rate of $115 per day for 180 days in the second half of FY 2021-22 City Council 32 — 4 3/16/2021 Provide Direction for FY21-22 Budget March 16, 2021 Page 5 Net Expected $9,062,300 Increase Estimated Impacts to FY 2021-22 General Fund Expenditures & Net Transfers The following provides an early snapshot of increasing costs for FY 2021-22. Expected Change to FY 2021-22 budget Comments One -Time Items $(11,146,520) Remove one-time spending from FY20- 21 budgeted expenditures, to arrive at a recurring cost baseline Employee $7,024,636 Contractual obligation to employee Compensation bargaining groups, described in detail below Unfunded Pension $5,660,300 Contractually required CaIPERS Liability Contribution contribution, does not take into consideration pension debt refinancing, described in detail below Orange County Fire $1,970,000 Contract maximum 4.5% increase Authority Phase out of COPS $826,251 COPS Hiring grant is temporary and Hiring Grant City's General Fund cost increases as the grant funding phases out Restore General Fund $5,323,349 FY20-21 public safety efforts redirected spending for Public to COVID-19 response, with federal Safety reimbursement for some costs Restore Civic Center $743,483 FY20-21 General Fund required Authority Contribution contribution to the joint powers authority was temporarily suspended for FY20-21 and must be restored SARTC Subsidy $1,100,000 FY20-21 budget included a one-time subsidy, which must become a recurring item to preserve service Net Expected $11,501,499 Increase Employee Compensation The draft FY 2021-22 budget will include funding for contractual compensation increases for the employee bargaining groups. The Santa Ana Police Officers Association (SAPOA) will receive a 2% wage increase and a one-time additional 2% contribution to retirement health savings. The Service Employees International Union (SEIU), Confidential City Council 32 — 5 3/16/2021 Provide Direction for FY21-22 Budget March 16, 2021 Page 6 Association of Santa Ana (CASA), and Santa Ana Management Association (SAMA) employees will received 3.5% wage increases. The Santa Ana Police Management Association (SAPMA) Memorandum of Understanding (MOU) expires June 30, 2021. A summary of the estimated increases, as reported when approved by the City Council, follows. These increases will be included in the draft FY 2021-22 budget. General Fund Other Funds Total SAPOA $2,652,480 $82,035 $2,734,515 SEIU* $3,074,090 $2,689,382 $5,763,472 CASA $511,295 $235,817 $747,112 SAMA $786,771 $448,351 $1,235,122 Total $7,024,636 $3,455,585 $10,480,221 *SEIU estimates are for full-time employees. SEIU increases for part-time employees are immaterial. Pension Debt Refinancing On this same agenda, the City Council will consider approval of a resolution necessary to begin judicial validation proceedings for pension refinancing. If there is no contest to the validation and the City Council provides further approvals, the City may complete the refinancing later this calendar year. There are many ways to structure the refinancing, and rates will continue to fluctuate. Therefore, it is premature to include potential savings in the draft FY 2021-22 budget. Staff will have a better estimate of the savings after the judicial validation is complete. In the meantime, the draft FY 2021-22 budget will include the increased required contributions to the pension debt, net of the discount for paying in July. The total increase, before pension refinancing savings, is $6,381,871, with an estimated $5,660,300 paid from the General Fund. Plan FY20-21 FY 2021-22 Increase Safety $25,351,433 $29,101,640 $3,750,207 Miscellaneous $22,612,766 $25,244,430 $2,631,664 Total $47,964,199 $54,346,070 $6,381,871 General Fund $41,617,330 $47,277,630 $5,660,300 Other Funds $6,346,869 $7,068,440 $721,571 Total $47,964,199 $54,346,070 $6,381,871 Orange County Transportation Authority (OCTA) Measure M2 Maintenance of Effort MOE The OCTA imposes an MOE on cities receiving Measure M2 funds. For FY20-21, OCTA required the City to spend slightly more than $9 million of General Fund money for City Council 32 — 6 3/16/2021 Provide Direction for FY21-22 Budget March 16, 2021 Page 7 roadway maintenance to satisfy the MOE. In light of the ongoing pandemic, OCTA is currently considering some form of MOE relief for cities in FY 2021-22. The FY20-21 MOE relief formula adopted by OCTA did not help the City of Santa Ana. If the OCTA MOE increases for Santa Ana, the increase will be included in the draft FY 2021-22 budget. Additional Demands on the General Fund There are additional demands for General Fund money, as described below. Once the City is ready to add savings from pension debt refinancing to the FY 2021-22 budget, staff may recommend additional spending from this list. • Internal Service Fund Charges: Some departments/divisions provide internal services to other departments (e.g. Building Maintenance), and account for costs of the service in a separate internal service fund. The funding source for these centralized service costs is charged to departments for their proportional use of the service. Departments pay the charges from their budgets, many of which are in the General Fund. Therefore, when costs to provide internal service increase, the result is an increase to General Fund expenditures. In prior years, internal service charges were sufficient for operations, and over time, the internal service funds accumulated fund balances from unspent allocations. As the General Fund budget constricted, internal service departments/divisions relied on their accumulated fund balances instead of increasing the charges to the General Fund. At least three internal service funds have completely exhausted accumulated money from prior years, and must increase charges to the General Fund to continue providing service. Additional analysis is required, and the City Manager needs to vet department budget requests. However, at this time, we believe there is a need to increase internal service charges to the General Fund by approximately $2 million. • Santa Ana Regional Transit Center (SARTC): The FY 2020-21 budget included a one-time $1.1 million General Fund subsidy for SARTC. With the Midyear Budget Update, staff reported an estimated negative fund balance of $2.2 million at June 30, 2021, as well as an ongoing budget deficit for SARTC. It is common for government to subsidize public transit centers as they provide external benefits such as stimulating economic development and reducing traffic congestion. For example, the City of Anaheim subsidizes its transit center with transfers from its convention and sports complexes. Although the City is exploring ways to increase tenant occupancy and lease revenue, the draft FY 2021-22 budget will likely include a proposed ongoing subsidy for operations. However, SARTC also needs a one-time General Fund subsidy to cure the negative fund balance. City Council 32 — 7 3/16/2021 Provide Direction for FY21-22 Budget March 16, 2021 Page 8 • Parking Enterprise: As reported on November 17, 2020, December 15, 2020, and February 16, 2021, parking garage revenue has decreased significantly and the Parking Enterprise cannot fund all its commitments. Staff plans to propose a balanced FY 2021-22 budget for the Parking Enterprise. However, the Parking Enterprise needs a one-time General Fund subsidy to cure an estimated negative fund balance, currently estimated at $1 million. Next Steps The FY 2021-22 Budget Calendar includes the following steps for City Council and the public. 1. March 25 — Community Budget Meeting 2. May 4 — City Council Budget Workshop Session 3. May 18 — City Council Work Study Session 4. June 1 — City Council public budget hearing 5. June 15 — City Council second reading and adoption of budget ordinance ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no immediate fiscal impact related to the recommendations. The City Council is only providing direction for preparing the draft FY 2021-22 budget, scheduled for consideration in May and June. EXHIBIT(S) 1. Proposed Budget & Reserve Policy 2. Summary of 2020 General Fund Risk Assessment & Cash Flow Analysis 3. Budget and Financial Policies adopted by City Council on June 6, 2017 Submitted By: Kathryn Downs, Executive Director Finance and Management Services Approved By: Kristine Ridge, City Manager City Council 32 — 8 3/16/2021 EXHIBIT 1 City of Santa Ana Council Policy Mayor's Authorization Subject Council Approval Date: BUDGET AND RESERVE POLICY This policy supersedes Budget and Financial Policies approved by City Council on June 6, 2017. PURPOSE This Budget and Reserve Policy includes directives to balance the budget and provide information to support long- range financial decisions, and Reserve requirements to mitigate risk and support cash flow. Development of this policy included a risk assessment and cash flow analysis, as well as best -practice recommendations from the Government Finance Officers Association (GFOA), a national non-profit organization providing training and interpretation of accounting and financial reporting standards applied to the government sector since 1906. This policy compliments budget requirements contained in the City's Charter and Municipal Code. UNRESTRICTED FUND BALANCE The City's audited financial statements of assets and liabilities are presented in two formats: the Government -wide Statement of Net Position (full -accrual accounting), and the Fund Financial Balance Sheet (modified accrual accounting focused on available resources and current liabilities). Both presentations include the concept of restricted balance and unrestricted balance. In the Fund Financial Balance Sheet, unrestricted balance is comprised of committed, assigned and unassigned amounts. Committed and assigned amounts are spending constraints self- imposed by the City. This policy refers to the Unrestricted Fund Balance as the Reserve amount. NON -RECURRING RESOURCES Non -recurring resources include Unrestricted Fund Balance and one-time revenue (e.g. legal settlement, sale of property, etc.). The City Council may elect to fund recurring costs with non -recurring resources in either of the following circumstances: 1. The City Council declares a fiscal emergency or local emergency. 2. The City Council approves the use with a two-thirds vote for documented loss of revenue pursuant to an economic downturn or unusual circumstance. GENERAL FUND Background The General Fund is the primary operating fund of the City. It accounts for all general purpose unrestricted revenues including sales tax, property tax, locally levied taxes, fees for service and fines. The General Fund accounts for the operating costs of core city services including public safety, recreation, land -use regulation, public facility maintenance, and governance. General Fund Budget Directives & Long -Range Planning To support the ongoing fiscal health of the General Fund, the following directives are established. The City Manager shall annually present a balanced budget to the City Council for adoption, defined as proposed spending not exceeding available resources. City Counci 3 9 3/16/2021 Budget and Reserve Policy, March 2021 Page 1 Revenue estimates will be conservative to avoid a resource shortfall for planned service delivery. • The City will continue to pursue internal operational efficiencies and strategies, such as technology modernization, to minimize City costs and enhance the accessibility of City services. • All proposals for new or upgraded capital facilities must include estimated costs to operate, maintain, and replace the facilities. • To assist the City Council with decision -making, staff shall annually prepare a minimum ten-year projection to identify long-term impacts to the General Fund budget. Reserve Requirement To mitigate risk and support cash flow, the General Fund will maintain an Operating Reserve of the Unrestricted Fund Balance equivalent to a minimum of 18% of annual recurring revenue. As recurring revenue increases, so shall the Operating Reserve. A documented plan to replenish the Operating Reserve must accompany any City Council authorized use of the Operating Reserve, pursuant to the guidelines for use of non -recurring resources outlined above. A plan for replenishment may include reduction of expenditures, one-time money, favorable budget variances, and/or new revenue sources. INTERNAL SERVICE FUNDS Background The City utilizes Internal Service Funds to administer and account for centralized services provided by one City department/division to another City department/division. Examples include building maintenance, general liability insurance, and information technology. The centralized service divisions fund operations and equipment replacement with cost -recovery charges to the receiving department budget. Internal Service Fund Reserves provide a funding source for capital asset replacement (e.g. fleet vehicles), actuarial determined liabilities (e.g. workers compensation), and an operational cushion for unanticipated or extraordinary costs. This policy establishes general guidelines for target Reserve balances and cost -recovery rate structure to fund current operations and Reserve replenishment. Target Reserve Balances Internal Service Fund Target Central Services (mail, reprographics) 100% of capitalized equipment cost + 20% of annual operating costs Building Maintenance 100% of annual operating costs due to high risk of aged facilities Equipment Replacement for Vehicles 100% of the cost of capitalized equipment Fleet Vehicle Maintenance 20% of annual operating costs Stores & Property Control (fuel and warehouse inventory) 20% of annual operating costs Liability & Property Insurance 80% of liability, actuarially determined every two years Employee Group Insurance None, as this fund serves an accounting purpose only with zero net fiscal impact. Workers Compensation 80% of liability, actuarially determined every two years Information Services 100% of capitalized equipment cost + 20% of annual operating costs City Yard 20% of annual operating costs Public Works Engineering & Project Management None, as this fund serves an accounting purpose only with zero net fiscal impact. Public Works Administration & Planning None, as this fund serves an accounting purpose only with zero net fiscal impact. City Council 32 — 10 3/16/2021 Budget and Reserve Policy, March 2021 Page 2 Cost Recovery Rate Structure Each year, the managing department shall estimate the cost of operations and any shortfall for the target Reserve balance. These estimates will serve as the basis for cross -department charges. Proportional use of the service will determine the allocation of estimated costs to departments/divisions. Employee compensation increases are limited to City Council approved agreements with bargaining groups. Any proposed workforce changes must follow the City's normal proposal and approval process. Other proposed cost increases, including Replenishment of Reserves, must be limited to the annual increase in the Consumer Price Index (CPI) at December 31, or otherwise submitted as a supplemental budget request subject to City Manager recommendation and City Council approval. The Budget Office may recommend spreading Reserve replenishment over a reasonable number of years to smooth the budget impact. OTHER FUNDS Other funds of the City account for revenues restricted to specific spending purposes. Many of these restrictions do not allow the City to carry a Reserve balance (e.g. federal grant funds). Funds with spending constraints self- imposed by the City (e.g. Cannabis Public Benefit Fund) do not need a Reserve, as the General Fund provides risk mitigation and cash flow. If allowed by external restrictions, the target Reserve balance for other funds shall be 20% of the fund's annual operating costs. Professionally developed rate studies for Enterprise Funds (e.g. Water, Sewer) may recommend a reserve requirement in excess of the 20% target. City Council 32 — 11 3/16/2021 Budget and Reserve Policy, March 2021 Page 3 EXHIBIT 2 SUMMARY OF 2021 GENERAL FUND RISK ASSESSMENT & CASH FLOW ANALYSIS The General Fund Reserve mitigates risk and provides cash flow. The primary risk factors are economic recession and catastrophic events. The following summary is an assessment of the potential scope of financial risk and estimated cash flow needs. The assessment includes historical information and assumptions, and focuses on significant potential impacts to the General Fund. The assessment was not scientifically developed; and does not assess financial risk associated with general liability, workers compensation, or litigation. Every two years, a third -party actuary assesses the risk for general liability and workers compensation liability; and the City maintains separate funds with separate balances to address those liabilities. Based on the information presented below, and weighing the likelihood of multiple assumed scenarios occurring at the same time with the worst timing for cash flow purposes, a General Fund Reserve equivalent to 18% of annual revenue appears to be sufficient. Economic Recession The following summary illustrates historical revenue contraction for significant general purposes taxes. The table includes actual contraction for the Great Recession of 2008-2009, and estimated contraction for the COVID-19 pandemic. Great Recession COVID-19 Pandemic FY19-20Actual Revenue Actual Contraction Estimated Contraction as a percentage of 2008-2009 2020-2021 Total General Fund Sales Tax -14% 0% 33% Property Tax -9% 0% 23% Business Tax -4% -29% 4% Hotel Visitors Tax -20% -45% 2% Utility Users Tax -1% 0% 7% By calculating the worst -case scenario for each revenue as a weighted average for the General Fund, the total potential revenue contraction due to economic recession is 9% of annual General Fund revenue. Catastrophic Failure of Infrastructure The following scenario illustrates the scope of the City's potential out-of-pocket costs related to a catastrophic event, such as an earthquake. Per the 2020 Pavement Management Program, the City maintains 96 million square feet of streets; and the per -square -foot cost of repairing a failed street is $14.78. Assuming a 10% failure of City streets in an earthquake scenario, the total cost to repair could be $142 million. In such a circumstance, it is likely the City would receive federal and state emergency assistance. Using traditional emergency assistance matching formulas, the City would pay 6.25% or $9 million out of pocket; which is approximately 3% of annual General Fund revenue. The City has $202 million of capitalized buildings and building improvements, at historical costs. Assuming an average age of 32 years and annual inflation of 3%, the current cost to replace all buildings and building improvements may be $513 million. The City would receive some insurance proceeds, and some federal and state emergency aid. Assuming a 10% catastrophic failure rate and a City contribution rate of 10%, the City may pay $5 million out of pocket; which is less than 2% of annual General Fund revenue. City Council 32 — 12 3/16/2021 The City has $40 million of capitalized storm drains, at historical costs. Assuming an average age of 32 years and annual inflation of 3%, the current cost to replace storm drains may be $104 million. In the case of storm drains, the City may receive some federal and state emergency aid, but it will be more limited than with streets. Assuming a 10% failure rate and a City contribution rate of 30%, the City may pay $3 million out of pocket; which is approximately 1% of annual General Fund revenue. Other major infrastructure facilities include water and sewer pipelines. The City operates Water and Sewer Enterprises with separate reserve balances for emergencies. In summary, a catastrophic event resulting in a 10% infrastructure failure rate could result in a need for the City to contribute 6% of annual General Fund revenue for repairs. Cash Flow Needs With two notable exceptions, the City receives its General Fund revenue somewhat evenly over the fiscal year. The two exceptions follow. Property Tax 26% of annual General Fund revenue 50% received in December& January, and 42% received in April & May Business Tax 4% of annual General Fund revenue 79% collected January through June Using the weighted relationship and timing of these revenues, the General Fund must cash flow approximately 16% of its annual revenue. Maintaining at least 16% of annual revenue in the General Fund Reserve will satisfy the requirements of Charter Section 610 requiring a Stabilization Fund sufficient to meet the first five months of demands prior to receipt of tax revenues based on assessed value (ad valorem taxes). The City spends its General Fund expenditure budget somewhat evenly over the fiscal year. The City currently pays its annual contribution forthe unfunded pension liability in Julyto obtain a discount, which is approximately 13% of annual General Fund revenue. However, the City is not required to pay in July, and can choose to spread the contribution evenly over twelve monthly installments. Furthermore, debt payment requirements will change if the City completes a pension debt refinancing. The only notable General Fund expenditure requiring cash flow is the contract for fire service. The Orange County Fire Authority requires a one -month advance payment, equivalent to 1% of annual General Fund revenue. In summary, a review of General Fund revenue and expenditures indicates the General Fund must cash flow approximately 17% of its annual revenue (16% for delayed revenue and 1% for advance expenditures). City Council 32 — 13 3/16/2021 EXHIBIT 3 City of Santa Ana Council Policy Mayor's Authorization Subject Council Approval Date: BUDGET AND FINANCIAL POLICIES Background The severity of the recent economic recession highlighted the need toestablish and maintain adequate reserve policies tooffset significant economic downturns and unforeseen rising costs more effectively. In 2002,The Government Finance Officers' Association /GF{3A\ recommended reserve levels equal to a minimum of596to 1596 of operating revenues or one to two months ofoperating expenditures as a basis to establish sound reserve levels. Adoption of formal City Budget and Reserve Policy will provide a basis to manage significant financial events more effectively in the future. PURPOSE The Citws reserve policy will define the recommended level for reserves for the Genera; fund as well as internal and enterprise operationo. The policy will outline a tinnefname and plan that will assist the City in meeting the minimum General Fund requirements over the course of the next few years. it will also establish criteria for the use ofreserves and establish a process bywhich to replenish, reserves if used. It is the intent to focus on the General Fund initially and incorporate additional reserve policies for internal and enterprise funds over the next fiscal year. The General Fund is the general operating fund for the City. It accounts for all general revenues including sales tax, property tax, business tax, hotel visitor's tax, as well as other fees and charges. It is the basis to fund general ongoing City operations such as police, fire (contract service), recreation, planning and building auwell as other general support servYces. Furthermore, the following budget pnhcy directives are recommended to be continued/implemented in order to maintain positive operating reserve levels: General Fund Budget Pm|icVDirectk/es - It shall be established that a balanced budget will be presented annually to the City Council for adoption. A balanced budget will be defined asongoing recurring operating revenues matching ongoing recurring operating expenditures including debt service. - One time or1e,rm specific funding can only be used to match one-time non'recurhn,g expenditures with the exception of during a budget deficit, benn specific projects and programs, as well as capital expenditures. - In order to ensure a balanced budget objective, the City w�U continue to pursue internal operational City Council 32-14 3/16/2021 Budget & Financial Polices (Rev. 6/2017) Page I - In order to ensure proper maintenance of a continued balanced budget the City Council will adopt e compensation and retirement benefit directive that provides guidance and conforms with the established budget directives and reserve requirements asoutlined in this policy. One -Time Monies Fund Balance determined to be one-time in nature, including but not limited to: ending operating balance, una||ocatedfundba|anuaorum-appropriated°Assigned"fundba|anceishereino|assifiedas°Qne'Trnennonies". Utilization of one-time monies is allowable upon two-thirds approval by the City Council to be utilized in the event a structural budget deficit exists. Use of one-time funds is allowable for one-year and may be eligible for two consecutive years upon further consideration bythe City Council. Unassigned Fund Balance In accordance with Governmental Accounting Standards Board /GASEA 54 and continuing to ensure a continued orderly operation ofCity Government a,ndaddress any unforeseen economic occurrences, the City shall establish the following Reserve Accounts within the Unassigned Fund, Balance category: w Operating Reserve • Economic Uncertainty Reserve w Uma||ocatedAmount As a result of the GA5B 54, the following fund balance categories were also created- Non -Spendable; Restricted; Committed; Assigned and Unassigned. Operating Reserve Account As a rnea�suna ofprudent fiscal health and recommendations made byGF0A, the City created an Operating Reserve Account, disclosing a range where two months (approximately 15.57%) up to twenty percent (2096) of recurring General Fund (011) operating revenues or expenditures (including transfers) are maintained. At no time is it perrmissib|efor the Operating Reserve requirement tofall below the above -referenced threshold range. Such Operating Reserves shall not be used to fund any form of operating expenditures or to cover any budgetary shortfall other than tnpreserve ongoing cash flow needs for the City. Ifatany point intime itisdeemed that the City budget is perfomming at a budgetary structural deficit and a "Fiscal Emergency" is declared, the use of the above -referenced Operating Reserve account is permissible for up to two consecutive fiscal years upon approval by two thirds of the City Council. The utilization of the Operating Reserve in Year Two (2) requires u plan to replenish the funds utilized. Asamatter of prudence and fiscal solvency and inthe event of a projected and/or realized structural deficit (budget bass),the City will utilize Economic Uncertainty (see below for account description) account funds prior to accessing the Operating Reserve account. Economic Uncertainty Acmount It is hereby established that upon fulfillment ofachieving a minimum Unassigned Reserve Account of1O94 the City shall consider the establishment of a reserve account for Economic Uncertainty. The reserve for Economic Uncertainty is established to offset any major variations in tax receipts as well as fees and charges or unforeseen cost increases. |tishereby established the City maintain mminimum reserve level of1to1U%mfrecurring General Fund revenues with anobjective ofattaining a,maximum goal of1OY6. - Upon determination by the Finance Department, that negative variations in projected revenues from the largest revenue sources defined as Sales tax, Property tax, Property tax in Lieu, Utility Users tax, Business I(5VLxbdRtqJ Visitors tax exceed 2% with no corrEjpLnqi�g beneral Fund expend ift rcl2tm� then the Budget& Financial Pokes (Rev.f/ZO%7) Page City Council may authorize use of the Economic Uncertainty Reserve by a two-thirds vote to offset the revenue loss prior to the close of the fiscal year end. 4 corresponding plan to replenish the reserve account must be adopted by the same vote. Upon determination by the Finance Department and report submission to the City Council that a structural deficit exists in the budgeted forecast of the upcoming fiscal year, the City Council may authorize use of the Economic Uncertainty Reserve to balance the budget by two thirds vote of the Council. However, autbor[zatimn to utilize the Economic Uncertainty Reserve beyond two consecutive years isstrictly prohibited. General Work Plan for Achieving General Fund Reserve Objectives The following work plan is intended to reach the unassigned reserve account of 15% in phases. The initial objective is to attain at least a S% threshold over the course of the following fiscal year and between 7Y6and DY6 over the subsequent fiscal year. Upon attainment of the phased objectives, a comprehensive review of the general financia� condition of the City will be completed and a new reserve work plan vuiU be developed and submitted for approval that outlines the next intermediate steps for meeting the main, objective of a reserve target level of 1596. Until such time that the General Fund Unassigned Reserve meets the minimum phased requirements as outlined above, the following budgetary and operational guidelines shall be used as a basis to achiev*the various minimum requirements. - Budget consideration, of new programs, personnel, or capital related expenditures shall only be considered lfasource offunding isidentified either through acorresponding cost reduction, anidentified; generaY increase in general tax revenue, or a one-time revenue infusion. Source of funding should include consideration nfongoing general maintenance and operational costs. ' Departments will be encouraged to continually achieve savings through internal organizational efficiencies. Technology will be encouraged if it can be demonstrated that a one-time capital infusion can result in savings be,ing generated beyond two years. - Any General Fund savings generated at the fiscal year end can be considered either for term specific operational or capital needs but a minimum of 50% (up to 100%) of the savings shall be deposited into the unassigned reserve balance until such time that the phased reserve levels are met. - Any internal service fund that has funds in excess of the identified minimum reserve requirement as outlined in this policy, can be utilized as a means to meet the minimum General Fund Reserve requirements. Only unrestricted funds deemed 1ransferab�Ae can be utilized, Any transfer tothe General Fund Unassigned Reserve Balance will be submitted to Council for consideration and approval. ln order bogenerate additional savings and until such time that the minimum level of reserves has been achieved, the Budget Office will only utilize a fiscally conservative profile for revenue projections. ' if the phased reserve target requirements asoutlined above have not been met itisrecommended that beginning in FY 14-15 a more conservative projection factor be used to generate forced budgetary (NOTE: Each 1%equates to approximately $ 2 ` ` FY 13-14: 100 % of recurring revenue projected; FY 14-15: 99 % of recurring revenue projected; Such factors shall be used to generate General Fund savings until such time that a 7%-8% unassigned General Fund reserve has been achieved. Any generated General Fund savings achieved after reaching between a 7%-8% unclesignated General Fund reserve shall be applied in the following order: Up to a max of 25% -Unassigned Genera4 Fund Reserve Up to a max of 25% -Economic Uncertainty Reserve Up to a max of 50% -Can be applied to term, specific programs, projects, personnel as well as deferred capital maintenance. City Council 32-17 3/16/2021 Budget & Financial Polices (Rev. 6/2017) Page 4 Internal Service Funds Background Internal Service Funds are established to administer and, account for va,rious activities whose purpose is to provide for goods and services to support other departments, for their ongoing operational and programming needs. The delivery ofthese services isrecovered onacost recovery basis. Purpose It is the intent of the Internal Service Fund Reserve Policy to establish general guidelines as to the establishment of proper recovery rote structure and define an appropriate level of reserves for each internal Service Fund. It will also establish criteria for the use of reserves and establish a process by which to replenish reserves if utilized. Although this policy only addresses the Risk Management Funds (i.e. Liability and property Insurance and Workers Compensation Fund), it is the intent to build upon and include all internal service funds within this policy. Risk Management The Risk Management programs are established to protect the [it's assets through the administration of a properly funded liability c(a[m and insurance program and by minimizing the cost and effect of work -related injuries. Rates for these programs are established onab�enniaiactuarial basis. Reserves Reserves for these accounts will be funded at not less than 80% as defined in the actuarial study. In addit�om, three months of operational reserves will be included to address any variations related to revenues and expenditures. Any surplus amounts defined in these accounts from general agencies shall be available for transfer to the General Fund until such time that the General Fund reserve meets the minimum requirement of1596 or to establish the reserve for Economic Uncertainty. Transfers shall be submitted toCouncil for approval. There after any surplus can be used 1ofund any deficits identified in other Internal Service Fund reserves, as well as other unfunded capit�a\and deferred related maintenance. City Council 32-18 3/16/2021 Budget & Financial PoHces (Rev. 6/2017) Page S Finance and Management Services https://www.santa-ana.org/finance Item # 33 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 16, 2021 TOPIC: Pension Debt Refinancing and Related Bond Financing AGENDA TITLE: Adopt a Resolution Authorizing Judicial Validation Proceedings for the Proposed Pension Debt Refinancing and Related Bond Financing Agreements RECOMMENDED ACTION Adopt a resolution authorizing the Issuance of Bonds to refund certain pension obligations of the City, up to the estimated Unfunded Actuarial Liability (UAL) as of June 30, 2021, approving the form and authorizing the execution of a trust agreement and purchase contract, and authorizing Judicial Validation Proceedings relating to the issuance of such Bonds and approving additional actions related thereto. EXECUTIVE SUMMARY The City Council has adopted the Unfunded Employee Pension Liability Cost Reduction Policy, and has retained specialized legal counsel. The next step to refinance the City's pension debt is to adopt the proposed Resolution and related agreements authorizing the judicial validation process, which could take up to six months to complete. During the judicial validation process, the City Council will consider selection of an underwriter and approval of the Preliminary Official Statement for the bond offering. DISCUSSION On February 2, 2021, City Council directed staff to move forward with the pension refinancing. On February 16, 2021, the City retained specialized legal counsel (Stradling Yocca Carlson & Rauth) for the refinancing. The next action of the City Council is to adopt the resolution, which authorizes legal counsel to begin the judicial validation process with Orange County Superior Court. The resolution also approves the form of the Trustee Agreement and Bond Purchase Contract for the proposed bond issue. Judicial Validation Proceedi California public entities do not have specific authority to issue bonds to refinance pension debt. Pursuant to the judicial validation process, the Court will issue a judgment City Council 33 — 1 3/16/2021 Pension Debt Refinancing and Related Bond Financing March 16, 2021 Page 2 confirming that the contract with CalPERS and the pension UAL are each an "obligation imposed by law" under the State Constitution which can be refunded under the provisions of the Government Code, which permit local agencies to refund outstanding debt without additional voter approval. Unless challenged, the judicial validation proceedings are largely administrative managed by special legal counsel. Under normal circumstances, the validation proceedings take approximately 90 days. Due to the pandemic, we have assumed the process could take up to 6 months. Summary of Validation Proceedings: • File Validation Action with Orange County Superior Court • Receive Order for Publication of Summons from the Court • Legal publication for 21 consecutive days • Waiting period for ex parte application to file default judgment • Clerk enters default judgement and schedules a hearing (Hearing for default judgement and entry of judgment • Appeal Period (30 days) Work Performed Concurrently with Validation Proceedings The City will conduct a competitive procurement process for an underwriter and recommend one or more underwriters for the refinancing. The underwriter initially purchases the bonds from the City at a discount expressed as a fraction of a $1,000 bond and resells the bonds to investors for a profit. Once the City contracts with an underwriter, the financing team will prepare the Preliminary Official Statement (POS), which is the offering document that must contain all material information enabling investors to make an informed purchase decision. The City can sell the refunding bonds only after the Validation 30-day Appeal Period has ended, and the City Council approves the POS. Agreements to Be Approved With Proposed Resolution There are two documents attached to the proposed Resolution. • Bond Purchase Agreement — City Council approves the form of terms and conditions for selling the bonds to the underwriters. The financing team will finalize the agreement upon bond pricing. (Exhibit 3) • Trust Agreement — City Council approves the form of terms and conditions for the Trustee to register, transfer, and pay the bonds. US Bank is the Trustee for existing City outstanding bonds. The financing team will finalize the Trust Agreement upon bond pricing and execution of the Bond Purchase Agreement. (Exhibit 2) City Council 33 — 2 3/16/2021 Pension Debt Refinancing and Related Bond Financing March 16, 2021 Page 3 Maximum Refinancing Amount to Authorize The proposed resolution and attached agreements must identify the maximum amount of the debt refinancing. As recommended by staff, the City Council adopted Unfunded Employee Pension Liability Cost Reduction Policy includes a refinancing cap of 90% of the debt. The most recent actuarial valuation received from CalPERS calculates the pension debt as a total of $707 million at June 30, 2019 for the miscellaneous and safety plans combined. Using the FY19-20 CalPERS investment return of 4.7% for FY19-20, and the assumed return of 7.0% for FY20-21, the CalPERS Pension Outlook Tool estimates the City's pension debt at June 30, 2021 will be $744 million. The maximum refinancing amount to be authorized is $672 million ($670 million represents the Principal balance), calculated as 90% of the $744 million plus up to $2 million for costs of issuance paid from refinancing proceeds. The City Financial Adviser has provided a good faith estimate confirming the up to amount for a potential debt issuance (Exhibit 4). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT If the City issues approximately $672 million in bonds, the total cash flow savings is projected as follows: On a Net Present Value (NPV) basis, savings over 25 years is approximately $182 million. If comparison is made between "Estimated total reductions in payments vs. CalPERS estimate of payments", the City projects to save approximately $223 million. Furthermore, the savings assumptions noted above is based on the bonds carrying an average rate of three percent (3%), assuming current interest rates as of March 2021, with the actual rate subject to market conditions at the time of pricing. EXHIBIT(S) 1. Resolution 2. Trust Agreement 3. Bond Purchase Agreement 4. Good Faith Estimate Submitted By: Kathryn Downs, Executive Director Finance and Management Services Approved By: Kristine Ridge, City Manager City Council 33 — 3 3/16/2021 EXHIBIT 1 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE ISSUANCE OF BONDS TO REFUND CERTAIN PENSION OBLIGATIONS OF THE CITY, APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A TRUST AGREEMENT AND PURCHASE CONTRACT, AUTHORIZING JUDICIAL VALIDATION PROCEEDINGS RELATING TO THE ISSUANCE OF SUCH BONDS, AND APPROVING ADDITIONAL ACTIONS RELATED THERETO WHEREAS, the City of Santa Ana (the "City") has previously adopted a retirement plan pursuant to the Public Employees' Retirement Law, commencing with Section 20000 of the Government Code of the State of California, as amended (the "Retirement Law") and elected to become a contracting member of the California Public Employees' Retirement System ("PERS"); and WHEREAS, the Retirement Law and the contract (as amended, the "PERS Contract") effective July 1, 1948, between the Board of Administration of PERS and the City Council of the City (the "City Council") obligate the City to (i) make contributions to PERS to fund pension benefits for certain City employees, (ii) amortize the unfunded accrued actuarial liability with respect to such pension benefits, and (iii) appropriate funds for the foregoing purposes; and WHEREAS, the City desires to authorize the issuance of its City of Santa Ana Taxable Pension Obligation Bonds, Series 2021 (the "Bonds") pursuant to the provisions of Articles 10 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code, commencing with Section 53570 of said Code (the "Bond Law"), in a maximum principal amount not to exceed that required for the purpose of refunding all or a portion of the City's current obligation to PERS for fiscal year 2021-22 and/or 2022-23, as applicable, pursuant to the PERS Contract, to pay all or a portion of the unfunded accrued actuarial liability of the City (the "Unfunded Liability") with respect to pension benefits under the Public Employees' Retirement Law and the PERS Contract, to pay capitalized interest on the Bonds and to pay the costs of issuance of such Bonds, including the underwriter's discount and any original issue discount on such Bonds; and WHEREAS, the City expects that the need may arise in the future to issue additional refunding bonds (the "Additional Bonds") pursuant to the Bond Law to amortize the accrued and Unfunded Liability of the City to PERS as required by the Retirement Law and the PERS Contract and to fund all or a portion of the normal contributions required by the PERS Contract; and WHEREAS, the Bonds will be issued under and secured by a Trust Agreement (such Trust Agreement, in the form presented to this meeting, with such changes, Resolution No. 2021-XXX Page 1 of 6 City Council 33 — 4 3/16/2021 insertions and omissions as are made pursuant to this Resolution, being referred to herein as the "Trust Agreement") by and between the City and a trustee to be selected by the City (the "Trustee"); and WHEREAS, the City has determined the advisability of filing an action to determine the validity of the Bonds, the Additional Bonds and the Trust Agreement, and the actions proposed to be taken in connection therewith; and WHEREAS, in compliance with SB 450, the City has obtained from its Municipal Advisor the required good faith estimates and such estimates are disclosed and set forth in an attachment to the staff report submitted herewith; and WHEREAS, all acts, conditions and things required by the laws of the State of California to exist, to have happened and to have been performed precedent to and in connection with the consummation of the financing authorized hereby do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the City is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such financing for the purpose, in the manner and upon the terms herein provided, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City Council does hereby find and declare that the above recitals are true and correct. Section 2. The issuance of the Bonds on the terms and conditions set forth in, and subject to the limitations specified in, the Trust Agreement, is hereby authorized and approved. The Bonds shall be dated, shall bear interest at the rates, shall mature on the dates, shall be issued in the form and shall have terms as provided in the Trust Agreement, as the same shall be completed in accordance with this Resolution. The title of the Bonds may be changed to reflect the year in which the Bonds are issued, and to reflect the appropriate series designation, as directed by the City Manager of the City. Section 3. The Trust Agreement, in substantially the form submitted to this meeting and made a part hereof as though set forth in full herein, is hereby approved. The Mayor of the City, or such member of the City Council as the Mayor may designate, the City Manager of the City, the Executive Director of Finance & Management Services of the City, and their authorized designees (the "Authorized Officers") are, and each of them is, hereby authorized and directed, for and in the name of the City, to execute and deliver the Trust Agreement in the form presented to this meeting, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Trust Agreement by such Authorized Officer. The City Clerk of the City is hereby authorized and directed to attest the Trust Agreement for and in the name and on behalf of the City. The City Manager of the City and the Executive Director of Finance & Resolution No. 2021-XXX City Council 33 — 5 3/1 /IK of 6 Management Services of the City are each hereby authorized to work with the Municipal Advisor (as identified in Section 8 hereof) to select the Trustee for the Bonds. Section 4. The City hereby authorizes and approves the issuance of Additional Bonds pursuant to the Bond Law, as authorized by the Trust Agreement, from time to time, to refund all or a portion of the Unfunded Liability and the City's obligation to PERS pursuant to the PERS Contract for the then -current fiscal year, provided that the City Manager, or his or her designee, first certifies to the Council in writing that such actions will result in cost savings to the City. The City authorizes any one of the Authorized Officers, or their designees, to execute and deliver one or more other trust agreements and/or one or more supplemental agreements supplementing or amending the Trust Agreement and providing for the issuance of Additional Bonds (each an "Additional Trust Agreement"); provided, however, that (i) each series of Additional Bonds shall be in a principal amount not to exceed the sum of the Unfunded Liability of the City to PERS under the PERS Contract and the Retirement Law remaining unpaid on the date of issuance of such Additional Bonds, the obligation to PERS for the fiscal year in which the Additional Bonds are issued pursuant to the PERS Contract, and the costs of issuing the Additional Bonds, (ii) the stated interest rate on the Additional Bonds shall not exceed the discount rate assumed by PERS with respect to the amortization of the Unfunded Liability at the time such Additional Bonds are issued, and (iii) the Additional Bonds issued pursuant to such Additional Trust Agreement shall mature not later than 30 years from the date of their issuance. Each Unfunded Liability refunded by the Bonds and each series of Additional Bonds pursuant to the Trust Agreement and each Additional Trust Agreement constitutes an obligation imposed by law, pursuant to the Constitution and laws of the State of California and an obligation of the City not limited as to payment from any special source of funds. The Unfunded Liability refunded by the Bonds pursuant to the Trust Agreement and each series of Additional Bonds pursuant to an Additional Trust Agreement shall not, however, constitute an obligation of the City for which the City is obligated or permitted to levy or pledge any form of taxation or for which the City has levied or pledged or will levy or pledge any form of taxation. Section 5. The form of the Bond Purchase Agreement (the "Purchase Contract") by and among the City and an underwriter or underwriters to be selected by the City (the "Underwriter") presented to this meeting and on file with the Clerk and the sale of the Bonds to the Underwriter pursuant thereto upon the terms and conditions set forth therein is hereby approved, and subject to such approval and subject to the provisions hereof, the Authorized Officers are each hereby authorized and directed to evidence the City's acceptance of the offers made by the Purchase Contract by executing and delivering the Purchase Contract in said form with such changes therein as the Authorized Officer or Authorized Officers executing the same may approve and such matters as are authorized by this Resolution, such approval to be conclusively evidenced by the execution and delivery thereof by any one of the Authorized Officers. The City Manager of the City and the Executive Director of Finance & Management Services of the City are each hereby authorized to work with the Municipal Advisor to select the Underwriter for the Bonds. Resolution No. 2021-XXX City Council 33 — 6 3/1 6VIR I of 6 Section 6. The Mayor of the City, the City Manager of the City, the Executive Director of Finance & Management Services of the City, and their designees, are each authorized, on behalf of the City, to establish and determine (i) the final principal amount of the Bonds, provided the aggregate initial principal amount of the Bonds shall not be greater than the lesser of (a) $673,000,000 or (b) the sum of the City's obligation to PERS for the remainder of fiscal year 2021-22 and/or 2022-23, as applicable, as evidenced by the PERS Contract, and the Unfunded Liability as calculated by PERS or other actuary selected by the Authorized Officer, together with the costs of issuing the Bonds as approved by such Authorized Officer, (ii) the final interest rates on various maturities of the Bonds, provided that the net present value savings achieved through refunding the Unfunded Liability by issuing the Bonds shall be at least 3% (or such higher amount required by the City's Debt Management Policy) of the Unfunded Liability and that the maturity date of the Bonds shall not be later than the last date through which PERS has determined for the amortization of the Unfunded Liability of the City in accordance with its current procedures; and (iii) the Underwriter's discount for the purchase of the Bonds, not to exceed 0.400% of the principal amount of the Bonds. The net present value savings shall be calculated by comparing present value of the payments required to amortize the Unfunded Liability at the discount rate assumed by PERS to the present value of the principal and interest payments on the Bonds. Section 7. The Mayor of the City, the City Manager of the City, the Executive Director of Finance & Management Services of the City, and their respective designees are hereby authorized to negotiate and execute an insurance policy and/or a debt service reserve fund insurance policy for the Bonds (and such other agreements that may be required by the insurer in connection therewith) if it is determined that the policies will result in interest rate savings for the City, and to pay the insurance premium of such policies from the proceeds of the issuance and sale of the Bonds. Section 8. Stradling Yocca Carlson & Rauth, a Professional Corporation, is hereby retained to act as Bond Counsel and Disclosure Counsel to the City, and Urban Futures, Inc., is hereby retained to serve as Municipal Advisor to the City. The Authorized Officers are, and each of them is, hereby authorized to execute a contract with Stradling Yocca Carlson & Rauth in substantially the form on file with the Clerk, together with such changes as may be approved by the City Manager, the City Attorney, or their designee, which changes shall be deemed approved by the execution and delivery of such contract by the City Manager. Section 9. In order to determine the validity of the Bonds, the Additional Bonds, the Trust Agreement and the Additional Trust Agreements, and the actions authorized hereby to be taken in connection therewith, the City Council hereby authorizes the City Attorney, in concert with Stradling Yocca Carlson & Rauth, Bond Counsel, to prepare and cause to be filed and prosecuted to completion all proceedings required for the judicial validation of the Bonds, the Additional Bonds, the Trust Agreement and the Additional Trust Agreements in the Superior Court of Orange County, under and pursuant to the provisions of Sections 860 et seq. of the California Code of Civil Procedure. The City Council further authorizes the Authorized Officers and all other officers, employees and agents of the City to take any and all actions, including the execution and delivery or Resolution No. 2021-XXX City Council 33 — 7 3/1 6VIR t of 6 appropriate documentation, as may be required to conclude such judicial validation proceedings. Section 10. The Authorized Officers are, and each of them hereby is, authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated hereby, including, but not limited to, the preparation of an Official Statement (and a Preliminary Official Statement) for use in connection with the offering and sale of the Bonds, the execution and delivery of a continuing disclosure undertaking and the execution and delivery of any documents required by PERS in order to complete the issuance of the Bonds and the refunding of the Unfunded Liability. Section 11. All actions heretofore taken by the Authorized Officers and by any other officers, employees or agents of the City with respect to the issuance of the Bonds, or in connection with or related to any of the agreements or documents referenced herein, are hereby approved, confirmed and ratified. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 0'4 M ,. 'V John M. Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2021-XXX City Council 33 — 8 3/1 6VIR of 6 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX City Council 33 — 9 3/1 6VIR of 6 EXHIBIT 2 TRUST AGREEMENT by and between CITY OF SANTA ANA and U.S. BANK NATIONAL ASSOCIATION, as Trustee Dated as of 1, 2021 Relating to CITY OF SANTA ANA TAXABLE PENSION OBLIGATION BONDS, SERIES 2021 City Council 33 — 10 3/16/2021 4846-535-8811v3/200434-0005 TABLE OF CONTENTS Section 1.01 Section 1.02 Section 2.01 Section 2.02 Section 2.03 Section 2.04 Section 2.05 Section 2.06 ARTICLE I DEFINITIONS; INTERPRETATION Certain Defined Terms .......... Other Definitional Provisions ARTICLE II THE BONDS Issuance of Bonds; Form; Dating Description of the Bonds ............. Interest on the Bonds ................... Medium of Payment .................... Form............................................. Additional Bonds ......................... Page .1 13 ...............................................13 ...............................................13 ...............................................14 ...............................................14 ...............................................15 ...............................................15 ARTICLE III EXECUTION, AUTHENTICATION AND EXCHANGE OF BONDS; BOOK ENTRY BONDS Section 3.01 Execution and Authentication; Registration............................................................15 Section 3.02 Transfer or Exchange of Bonds...............................................................................15 Section 3.03 Book -Entry Bonds...................................................................................................16 Section 3.04 Mutilated, Lost, Stolen or Destroyed Bonds...........................................................18 Section 3.05 Destruction of Bonds...............................................................................................18 Section 3.06 Temporary Bonds.................................................................................................... 18 Section 4.01 Section 4.02 Section 4.03 Section 4.04 Section 4.05 Section 4.06 Section 5.01 Section 5.02 ARTICLE IV REDEMPTION OF BONDS Notices to Trustee; Notices to Bondholders; Notices to DTC.................................19 Optional Redemption of Bonds............................................................................... 19 Mandatory Sinking Fund Redemption of Bonds ..................................................... 20 [Make -Whole Redemption of Bonds.......................................................................20 Payment of Bonds Called for Redemption; Effect of Redemption Call .................. 22 Selection of Bonds for Redemption; Bonds Redeemed in Part ............................... 22 ARTICLE V APPLICATION OF PROCEEDS; SOURCE OF PAYMENT OF BONDS Application of Proceeds and City Contribution ................................ Sources of Payment of Bonds; Semi -Annual Payments by the City ARTICLE VI CREATION OF CERTAIN FUNDS AND ACCOUNTS Section 6.01 Creation of Costs of Issuance Fund ..................... Section 6.02 Creation of Revenue Fund and Certain Accounts Section 6.03 Creation of Redemption Fund ............................. Section 6.04 Moneys Held in Redemption Fund ...................... 23 23 24 24 25 25 City Council i 33 — 11 3/16/2021 4846-535-8811v3/200434-0005 TABLE OF CONTENTS (continued) Page Section6.05 Unclaimed Moneys..................................................................................................25 ARTICLE VII CONCERNING PAYING AGENT Section 7.01 Paying Agent; Appointment and Acceptance of Duties .......................................... 25 Section 7.02 Paying Agent - General Responsibilities.................................................................25 Section 7.03 Certain Permitted Acts............................................................................................. 26 Section 7.04 Resignation or Removal of Paying Agent and Appointment of Successor ............. 26 ARTICLE VIII COVENANTS OF THE CITY Section 8.01 Payment of Principal and Interest............................................................................26 Section 8.02 Performance of Covenants by City; Authority; Due Execution..............................27 Section 8.03 Instruments of Further Assurance............................................................................ 27 Section 8.04 No Inconsistent Action............................................................................................ 27 Section8.05 No Adverse Action.................................................................................................. 27 Section 8.06 Maintenance of Powers............................................................................................ 27 Section 8.07 Covenants of City Binding on Successors...............................................................28 Section 8.08 Trust Agreement to Constitute a Contract...............................................................28 Section 8.09 City to Perform Pursuant to Continuing Disclosure Certificate .............................. 28 ARTICLE IX INVESTMENTS Section 9.01 Investments Authorized...........................................................................................28 Section9.02 Reports.....................................................................................................................29 Section 9.03 Valuation and Disposition of Investments...............................................................29 Section 9.04 Application of Investment Earnings........................................................................ 29 ARTICLE X DEFEASANCE Section 10.01 Discharge of Bonds; Release of Trust Agreement ................................................... 30 Section 10.02 Bonds Deemed Paid................................................................................................. 30 ARTICLE XI DEFAULTS AND REMEDIES Section 11.01 Events of Default..................................................................................................... 31 Section11.02 Remedies..................................................................................................................31 Section 11.03 Restoration to Former Position................................................................................ 32 Section 11.04 Bondholders' Right to Direct Proceedings on their Behalf ..................................... 32 Section 11.05 Limitation on Bondholders' Rights to Institute Proceedings ................................... 32 Section 11.06 No Impairment of Right to Enforce Payment.......................................................... 32 Section 11.07 Proceedings by Trustee Without Possession of Bonds ............................................ 32 Section 11.08 No Remedy Exclusive............................................................................................. 33 Section 11.09 No Waiver of Remedies........................................................................................... 33 Section 11.10 Application of Moneys............................................................................................ 33 Section 11.11 Severability of Remedies......................................................................................... 34 City Council ii 33 - 12 3/16/2021 4846-535-8811v3/200434-0005 TABLE OF CONTENTS (continued) Page Section 11.12 Additional Events of Default and Remedies............................................................ 34 ARTICLE XII TRUSTEE; REGISTRAR Section 12.01 Acceptance of Trusts............................................................................................... 34 Section 12.02 Duties of Trustee...................................................................................................... 34 Section 12.03 Rights of Trustee...................................................................................................... 35 Section 12.04 Individual Rights of Trustee.................................................................................... 36 Section 12.05 Trustee's Disclaimer................................................................................................ 36 Section 12.06 Notice of Defaults.................................................................................................... 36 Section 12.07 Compensation of Trustee......................................................................................... 37 Section 12.08 Eligibility of Trustee................................................................................................ 37 Section 12.09 Replacement of Trustee........................................................................................... 37 Section 12.10 Successor Trustee or Agent by Merger.................................................................... 38 Section12.11 Registrar...................................................................................................................38 Section12.12 Other Agents............................................................................................................ 38 Section 12.13 Several Capacities....................................................................................................38 Section 12.14 Accounting Records and Reports of Trustee........................................................... 38 Section 12.15 No Remedy Exclusive............................................................................................. 38 ARTICLE XIII MODIFICATION OF THIS TRUST AGREEMENT Section13.01 Limitations...............................................................................................................39 Section 13.02 Supplemental Agreements Not Requiring Consent of Bondholders ....................... 39 Section 13.03 Supplemental Agreement Requiring Consent of Bondholders ................................ 39 Section 13.04 Effect of Supplemental Agreements........................................................................40 Section 13.05 Supplemental Agreements to be Part of this Trust Agreement ............................... 40 ARTICLE XIV MISCELLANEOUS PROVISIONS Section 14.01 Parties in Interest..................................................................................................... 41 Section14.02 Severability..............................................................................................................41 Section 14.03 No Personal Liability of City Officials; Limited Liability of City to Bondholders............................................................................................................. 41 Section 14.04 Execution of Instruments; Proof of Ownership....................................................... 41 Section 14.05 Governing Law; Venue............................................................................................42 Section14.06 Notices..................................................................................................................... 42 Section14.07 Holidays...................................................................................................................43 Section14.08 Captions................................................................................................................... 43 Section14.09 Counterparts.............................................................................................................43 EXHIBIT A FORM OF BOND .............. EXHIBIT B FORM OF REQUISITION A-1 B-1 City Council iii 33 — 13 3/16/2021 4846-535-8811v3/200434-0005 TRUST AGREEMENT This TRUST AGREEMENT is dated as of 1, 2021, and is made by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and validly existing under and pursuant to the Constitution and the laws of the State of California and its charter (the "City"), and U.S. BANK NATIONAL ASSOCIATION a national banking association organized and existing under the laws of the United States of America, as trustee (the "Trustee"). RECITALS WHEREAS, the City is a member of the California Public Employees' Retirement System ("PERS") and, as such, is obligated by the Public Employees' Retirement Law, constituting Part 3 of Division 5 of Title 2 of the California Government Code (the "Retirement Law"), and the contract between the Board of Administration of PERS and the City Council of the City, effective July 1, 1948 (as amended, the "PERS Contract"), to make contributions to PERS to (a) fund pension benefits for its employees who are members of PERS, (b) amortize the unfunded actuarial liability with respect to such pension benefits, and (c) appropriate funds for the purposes described in (a) and (b); and WHEREAS, the City is authorized pursuant to Articles 10 and 11 (commencing with section 53570) of Chapter 3 of Division 2 of Title 5 of the California Government Code (the "Refunding Law") to issue bonds for the purpose of refunding certain obligations of the City, including the obligations set forth in the PERS Contract; and WHEREAS, for the purpose of refunding the City's unamortized, unfunded accrued actuarial liability with respect to pension benefits under the Retirement Law (the "Unfunded Liability"), and to pay the costs of issuance, including underwriter's discount and any original issue discount, the City has determined to issue its $ City of Santa Ana Taxable Pension Obligation Bonds, Series 2021 (the "Bonds"), all pursuant to and secured by this Trust Agreement providing for the issuance of the Bonds, all in the manner provided herein; NOW THEREFORE, the City and the Trustee agree as follows, each for the benefit of the other and the benefit of holders of the Bonds (as defined below) issued in accordance with this Trust Agreement. ARTICLE I DEFINITIONS; INTERPRETATION Section 1.01 Certain Defined Terms. The terms defined in this Article I shall, for all purposes of this Trust Agreement, have the meanings specified unless the context clearly requires otherwise. "Account" means any account established pursuant to this Trust Agreement. "Additional Bonds" means bonds issued in accordance with Section 2.06 hereof. "Annual Debt Service" means, for any Bond Year, the sum of the aggregate amount of principal required to be paid on Bonds during such Bond Year either at maturity or pursuant to a City Council 33 — 14 3/16/2021 4846-535-8811v3/200434-0005 mandatory sinking fund payment and the interest due on the Bonds on each Interest Payment Date during such Bond Year. "Authorized City Representative" means the City Manager, the Executive Director of Finance & Management Services, or any officer authorized to act on their respective behalves. "Authorized Denominations" means $5,000 and any integral multiple thereof. "Beneficial Owner" means, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant or such person's subrogee. "Bond" or "Bonds" means the bonds issued under this Trust Agreement and designated as "City of Santa Ana Taxable Pension Obligation Bonds, Series 2021." "Bond Counsel" means (a) Stradling Yocca Carlson & Rauth, a Professional Corporation, or (b) a firm of attorneys nationally recognized as experts in the area of municipal finance who are familiar with the transactions contemplated under this Trust Agreement and acceptable to the City. "Bond Interest Account" means the Account of that name established within the Revenue Fund pursuant to Section 6.02(a) hereof. "Bond Principal Account" means the Account of that name established within the Revenue Fund pursuant to Section 6.02(a) hereof. "Bond Year" means the twelve-month period commencing on each 2 and ending on the next succeeding 1, except that the first Bond Year shall commence on the Closing Date and end on "Book -Entry Bonds" means the Bonds held by DTC (or its nominee) as the registered owner thereof pursuant to the terms and provisions of Section 3.03 hereof. "Business Day" means a day (a) other than a day on which banks located in the City of New York, New York or the cities in which the respective Principal Office of the Trustee or any Paying Agent are located, are required or authorized by law or executive order to close, and (b) on which the New York Stock Exchange is open. "Closing Date" means 12021. "Consultant" means the accountant, attorney, consultant, municipal finance consultant or investment banker, or firm thereof, retained by the City to perform acts and carry out the duties provided for such Consultant in this Trust Agreement. Such accountant, attorney, consultant, municipal finance consultant or investment banker, or firm thereof, shall be nationally recognized within its profession for work of the character required. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed and delivered by the City and acknowledged and accepted by the dissemination agent listed therein, dated , 2021, as originally executed and as it may be amended from time to time in accordance with the terms thereof. City Council 2 33 — 15 3/16/2021 4846-535-8811v3/200434-0005 "Costs of Issuance" means all costs and expenses incurred by the City in connection with the issuance of the Bonds and the refunding of the Unfunded Liability, including, but not limited to, out- of-pocket expenses of the City, costs and expenses of printing and copying documents and the Bonds and the fees, costs and expenses of Rating Agencies, credit providers or enhancers, the Trustee, counsel to the Trustee, Bond Counsel, the verification agent, accountants, municipal finance consultant, disclosure counsel and other consultants and the premium for any municipal bond insurance and surety bond insurance. "Defeasance Securities" means any of the following: (a) non -callable direct obligations of the United States of America ("Treasuries"), (b) evidence of ownership of proportionate interests in future interest and principal payments on Treasuries held by a bank or trust company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor and the underlying Treasuries are not available to any person claiming through the custodian or to whom the custodian may be obligated, and (c) pre - refunded municipal obligations rated "AAA" and "Aaa" by S&P and Moody's, respectively (or any combination thereof), which shall be authorized to be used to effect defeasance of the Bonds. "DTC" means The Depository Trust Company, a limited -purpose trust company organized under the laws of the State of New York, and its successors and assigns. "Event of Default" means any occurrence or event specified in Section 11.01 hereof. "Fiduciary or Fiduciaries" means the Trustee, any Paying Agent, or any or all of them, as may be appropriate. "Fiscal Year" means the period of time beginning on July 1 of each given year and ending on June 30 of the immediately subsequent year, or such other period as the City designates as its fiscal year. "Fund" means any fund established pursuant to this Trust Agreement. "Holder," or "Bondholder," "owner" or "registered owner" means the registered owner of any Bonds, including DTC or its nominee as the sole registered owner of Book -Entry Bonds. "Information Services" means any one or more of the national information services that Trustee determines are in the business of disseminating notices of redemption of obligations such as the Bonds. "Interest Payment Date" means 1 and 1 of each year commencing 1, 20. "Mail" means by first-class United States mail, postage prepaid. "Moody's" means Moody's Investors Service, Inc., New York, New York, and its successors, and, if such corporation shall for any reason no longer perform the functions of a securities rating agency, "Moody's" shall be deemed to refer to any other nationally recognized rating agency designated by the City. "Opinion of Bond Counsel" means a written opinion of Bond Counsel. City Council 3 33 — 16 3/16/2021 4846-535-8811v3/200434-0005 "Outstanding," with respect to the Bonds, means all Bonds which have been authenticated and delivered under this Trust Agreement, except: (a) Bonds canceled or purchased by the Trustee for cancellation or delivered to or acquired by the Trustee for cancellation and, in all cases, with the intent to extinguish the debt represented thereby. (b) Bonds deemed to be paid in accordance with Section 10.02 hereof. (c) Bonds in lieu of which other Bonds have been authenticated under Sections 3.02 and 3.04 hereof. (d) Bonds that have become due (at maturity, on redemption, or otherwise) and for the payment of which sufficient moneys, including interest accreted or accrued to the due date, are held by the Trustee or a Paying Agent. (e) For purposes of any consent or other action to be taken by the Holders of a specified percentage of Bonds Outstanding under this Trust Agreement, Bonds held by or for the account of the City or by any person controlling, controlled by or under common control with the City, unless such Bonds are pledged to secure a debt to an unrelated party, in which case such Bonds shall, for purposes of consents and other Bondholder action, be deemed to be Outstanding and owned by the party to which such Bonds are pledged. Nothing herein shall be deemed to prevent the City from purchasing Bonds from any party out of any funds available to the City. "Participant" means the participants of DTC which include securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations. "Paying Agent" means any paying agent for the Bonds, or successor thereto, appointed by the City pursuant to Sections 7.01 or 7.02 hereof, and any successor appointed pursuant to Section 7.04 hereof. "Permitted Investments" means the following: (1) Direct obligations of the United States of America and securities fully and unconditionally guaranteed as to the timely payment of principal and interest by the United States of America ("U.S. Government Securities"). (2) Direct obligations* of the following federal agencies which are fully guaranteed by the full faith and credit of the United States of America: a. Export -Import Bank of the United States — Direct obligations and fully guaranteed certificates of beneficial interest b. Federal Housing Administration — debentures The following are explicitly excluded from the securities enumerated in 2 and 3: (i) All derivative obligations, including without limitation inverse floaters, residuals, interest -only, principal -only and range notes; (ii) Obligations that have a possibility of returning a zero or negative yield if held to maturity; (iii) Obligations that do not have a fixed par value or those whose terms do not promise a fixed dollar amount at maturity or call date; and (iv) Collateralized Mortgage -Backed Obligations ("CMOs"). City Council 4 33 — 17 3/16/2021 4846-535-881lv3/200434-0005 C. General Services Administration — participation certificates d. Government National Mortgage Association ("GNMAs") — guaranteed mortgage -backed securities and guaranteed participation certificates e. Small Business Administration — guaranteed participation certificates and guaranteed pool certificates f. U.S. Department of Housing & Urban Development — local authority bonds g, U.S. Maritime Administration — guaranteed Title XI financings h. Washington Metropolitan Area Transit Authority — guaranteed transit bonds (3) Direct obligations* of the following federal agencies which are not fully guaranteed by the faith and credit of the United States of America: a. Federal National Mortgage Association ("FNMAs") — senior debt obligations rated Aaa by Moody's Investors Service ("Moody's") and AAA by Standard & Poor's Ratings Services ("S&P") b. Federal Home Loan Mortgage Corporation ("FHLMCs") — participation certificates and senior debt obligations rated Aaa by Moody's and AAA by S&P C. Federal Home Loan Banks — consolidated debt obligations d. Student Loan Marketing Association — debt obligations C. Resolution Funding Corporation — debt obligations (4) Direct, general obligations of any state of the United States of America or any subdivision or agency thereof whose uninsured and unguaranteed general obligation debt is rated, at the time of purchase, A2 or better by Moody's and A or better by S&P, or any obligation fully and unconditionally guaranteed by any state, subdivision or agency whose uninsured and unguaranteed general obligation debt is rated, at the time of purchase, A2 or better by Moody's and A or better by S&P. (5) Commercial paper (having original maturities of not more than 270 days) rated, at the time of purchase, P-1 by Moody's and A-1 or better by S&P. (6) Certificates of deposit, savings accounts, deposit accounts or money market deposits in amounts that are continuously and fully insured by the Federal Deposit Insurance Corporation ("FDIC"), including the Bank Insurance Fund and the Savings Association Insurance Fund, and including funds for which the Trustee or its affiliates provide investment advisory or other management services. (7) Certificates of deposit, deposit accounts, federal funds or bankers' acceptances (in each case having maturities of not more than 365 days following the date of purchase) of any domestic commercial bank or United States branch office of a foreign bank, provided that such bank's short-term certificates of deposit are rated P-1 by Moody's and A-1 or better by S&P (not considering holding company ratings). City Council 5 33 — 18 3/16/2021 4846-535-8811v3/200434-0005 (8) Investments in money-market funds rated AAAra or AAAm-G by S&P, including funds for which the Trustee and its affiliates provide investment advisory or other management services. (9) Repurchase agreements that meet the following criteria: a. A master repurchase agreement or specific written repurchase agreement, substantially similar in form and substance to the Public Securities Association or Bond Market Association master repurchase agreement, governs the transaction. b. Acceptable providers shall consist of (i) registered broker/dealers subject to Securities Investors' Protection Corporation ("SIPC") jurisdiction or commercial banks insured by the FDIC, if such broker/dealer or bank has an uninsured, unsecured and unguaranteed rating of A3/P-1 or better by Moody's and A-/A-1 or better by S&P, or (ii) domestic structured investment companies rated Aaa by Moody's and AAA by S&P. C. The repurchase agreement shall require termination thereof if the counterparty's ratings are suspended, withdrawn or fall below A3 or P-1 from Moody's, or A- or A-1 from S&P. Within ten (10) days, the counterparty shall repay the principal amount plus any accrued and unpaid interest on the investments. d. The repurchase agreement shall limit acceptable securities to U.S. Government Securities and to the obligations of GNMA, FNMA or FHLMC described in 2(d), 3(a) and 3(b) above. The fair market value of the securities in relation to the amount of the repurchase obligation, including principal and accrued interest, is equal to a collateral level of at least 104% for U.S. Government Securities and 105% for GNMAs, FNMAs or FHLMCs. The repurchase agreement shall require (i) the Trustee or the Agent to value the collateral securities no less frequently than weekly, (11) the delivery of additional securities if the fair market value of the securities is below the required level on any valuation date, and (iii) liquidation of the repurchase securities if any deficiency in the required percentage is not restored within two (2) business days of such valuation. e. The repurchase securities shall be delivered free and clear of any lien to the Trustee or to an independent third party acting solely as agent ("Agent") for the Trustee, and such Agent is (i) a Federal Reserve Bank, or (ii) a bank which is a member of the FDIC and which has combined capital, surplus and undivided profits or, if appropriate, a net worth, of not less than $50 million, and the Trustee shall have received written confirmation from such third party that such third party holds such securities, free and clear of any lien, as agent for the Trustee. City Council 6 33 — 19 3/16/2021 4846-535-8811v3/200434-0005 f. A perfected first security interest in the repurchase securities shall be created for the benefit of the Trustee, and the issuer and the Trustee shall receive an opinion of counsel as to the perfection of the security interest in such repurchase securities and any proceeds thereof. g. The repurchase agreement shall have a term of one year or less, or shall be due on demand. h. The repurchase agreement shall establish the following as events of default, the occurrence of any of which shall require the immediate liquidation of the repurchase securities: (i) insolvency of the broker/dealer or commercial bank serving as the counterparty under the repurchase agreement; (ii) failure by the counterparty to remedy any deficiency in the required collateral level or to satisfy the margin maintenance call under item 9(d) above; or (iii) failure by the counterparty to repurchase the repurchase securities on the specified date for repurchase. (10) Investment agreements, collateralized at 102%, (also referred to as guaranteed investment contracts) that meet the following criteria: a. A master agreement or specific investment agreement governs the transaction. b. Acceptable providers of uncollateralized investment agreements shall consist of (i) domestic FDIC -insured commercial banks, or U.S. branches of foreign banks, rated at least Aa2 by Moody's and AA by S&P; (ii) domestic insurance companies rated Aaa by Moody's and AAA by S&P; and (iii) domestic structured investment companies rated Aaa by Moody's and AAA by S&P. C. Acceptable providers of collateralized investment agreements shall consist of (i) registered broker/dealers subject to SIPC jurisdiction, if such broker/dealer has an uninsured, unsecured and unguaranteed rating of Al or better by Moody's and A+ or better by S&P; (ii) domestic FDIC -insured commercial banks, or U.S. branches of foreign banks, rated at least Al by Moody's and A+ by S&P; (iii) domestic insurance companies rated at least Al by Moody's and A+ by S&P; and (iv) domestic structured investment companies rated Aaa by Moody's and AAA by S&P. Required collateral levels shall be as set forth in 10(f) below. d. The investment agreement shall provide that if the provider's ratings fall below Aa3 by Moody's or AA- by S&P, the provider shall within ten (10) days either (1) repay the principal amount plus any accrued City Council 7 33 — 20 3/16/2021 4846-535-8811v3/200434-0005 and interest on the investment; or (11) deliver Permitted Collateral as provided below. The investment agreement must provide for termination thereof if the provider's ratings are suspended, withdrawn or fall below A3 from Moody's or A- from S&P. Within ten (10) days, the provider shall repay the principal amount plus any accrued interest on the agreement, without penalty to the City. f. The investment agreement shall provide for the delivery of collateral described in (i) or (ii) below ("Permitted Collateral") which shall be maintained at the following collateralization levels at each valuation date: (i) U.S. Government Securities at 104% of principal plus accrued interest; or (ii) Obligations of GNMA, FNMA or FHLMC (described in 2(d), 3(a) and 3(b) above) at 105% of principal and accrued interest. g. The investment agreement shall require the Trustee to determine the market value of the Permitted Collateral not less than weekly and notify the investment agreement provider on the valuation day of any deficiency. Permitted Collateral may be released by the Trustee to the provider only to the extent that there are excess amounts over the required levels. Market value, with respect to collateral, may be determined by any of the following methods: (i) the last quoted "bid" price as shown in Bloomberg, Interactive Data Systems, Inc., The Wall Street Journal or Reuters; (ii) valuation as performed by a nationally recognized pricing service, whereby the valuation method is based on a composite average of various bid prices; or (iii) the lower of two bid prices by nationally recognized dealers. Such dealers or their parent holding companies shall be rated investment grade and shall be market makers in the securities being valued. h. Securities held as Permitted Collateral shall be free and clear of all liens and claims of third parties, held in a separate custodial account and registered in the name of the Trustee or the Agent. The provider shall grant the Trustee a perfected first security interest in any collateral delivered under an investment agreement. For investment agreements collateralized initially and in connection with the delivery of Permitted Collateral under 10(f) above, the Trustee shall receive an opinion of counsel as to the perfection of the security interest in the collateral. City Council 8 33 — 21 3/16/2021 4846-535-8811v3/200434-0005 j. The investment agreement shall provide that moneys invested under the agreement must be payable and putable at par to the Trustee without condition, breakage fee or other penalty, upon not more than two (2) business days' notice, or immediately on demand for any reason for which the funds invested may be withdrawn from the applicable fund or account established under the authorizing document, as well as the following: (1) In the event of a deficiency in the debt service account; (ii) Upon acceleration after an event of default; (iii) Upon refunding of the Bonds in whole or in part; (iv) Reduction of any debt service reserve requirement for the Bonds; or (v) If a determination is later made by a nationally recognized bond counsel that investments must be yield -restricted. Notwithstanding the foregoing, the agreement may provide for a breakage fee or other penalty that is payable in arrears and not as a condition of a draw by the Trustee if the City's obligation to pay such fee or penalty is subordinate to its obligation to pay debt service on the Bonds and to make deposits to any debt service reserve fund established for the Bonds. (k) The investment agreement shall establish the following as events of default, the occurrence of any of which shall require the immediate liquidation of the investment securities: (i) Failure of the provider or the guarantor (if any) to make a payment when due or to deliver Permitted Collateral of the character, at the times or in the amounts described above; (11) Insolvency of the provider or the guarantor (if any) under the investment agreement; (iii) Failure by the provider to remedy any deficiency with respect to required Permitted Collateral; (iv) Failure by the provider to make a payment or observe any covenant under the agreement; (v) The guaranty (if any) is terminated, repudiated or challenged; or (vi) Any representation of warranty furnished to the Trustee or the issuer in connection with the agreement is false or misleading. City Council 9 33 — 22 3/16/2021 4846-535-8811v3/200434-0005 (1) The investment agreement must incorporate the following general criteria: (i) "Cure periods" for payment default shall not exceed two (2) business days; (ii) The agreement shall provide that the provider shall remain liable for any deficiency after application of the proceeds of the sale of any collateral, including costs and expenses incurred by the Trustee; (iii) Neither the agreement nor guaranty agreement, if applicable, may be assigned (except to a provider that would otherwise be acceptable under these guidelines); (iv) If the investment agreement is for a debt service reserve fund, reinvestments of funds shall be required to bear interest at a rate at least equal to the original contract rate. (v) The provider shall be required to immediately notify the Trustee of any event of default or any suspension, withdrawal or downgrade of the provider's ratings; and (vi) The agreement shall be unconditional and shall expressly disclaim any right of set-off or counterclaim. (11) Forward delivery agreements in which the securities delivered mature on or before each interest payment date (for debt service or debt service reserve funds) or draw down date (construction funds) that meet the following criteria: (a) A specific written investment agreement governs the transaction. (b) Acceptable providers shall be limited to (i) any registered broker/dealer subject to the Securities Investors' Protection Corporation jurisdiction, if such broker/dealer or bank has an uninsured, unsecured and unguaranteed obligation rated A3/P-1 or better by Moody's and A -/A -I or better by S&P; (ii) any commercial bank insured by the FDIC, if such bank has an uninsured, unsecured and unguaranteed obligation rated A3/P-1 or better by Moody's and A-/A-1 or better by S&P; and (iii) domestic structured investment companies rated Aaa by Moody's and AAA by S&P. (c) The forward delivery agreement shall provide for termination or assignment (to a qualified provider hereunder) of the agreement if the provider's ratings are suspended, withdrawn or fall below A3 or P-1 from Moody's or A- or A-1 from S&P. Within ten (10) days, the provider shall fulfill any obligations it may have with respect to shortfalls in market value. There shall be no breakage fee payable to the provider in such event. City Council 10 33 — 23 3/16/2021 4846-535-8811v3/200434-0005 (d) Permitted securities shall include the investments listed in 1, 2 and 3 above. (e) The forward delivery agreement shall include the following provisions: (1) The permitted securities must mature at least one (1) business day before a debt service payment date or scheduled draw. The maturity amount of the permitted securities must equal or exceed the amount required to be in the applicable fund on the applicable valuation date. (ii) The agreement shall include market standard termination provisions, including the right to terminate for the provider's failure to deliver qualifying securities or otherwise to perform under the agreement. There shall be no breakage fee or penalty payable to the provider in such event. (iii) Any breakage fees shall be payable only on debt service payment dates and shall be subordinated to the payment of debt service and debt service reserve fund replenishments. (iv) The provider must submit at closing a bankruptcy opinion to the effect that upon any bankruptcy, insolvency or receivership of the provider, the securities will not be considered to be a part of the provider's estate. (v) The agreement may not be assigned (except to a provider that would otherwise be acceptable under these guidelines). (12) Forward delivery agreements in which the securities delivered mature after the funds may be required but provide for the right of the City or the Trustee to put the securities back to the provider under a put, guaranty or other hedging arrangement. (13) Any other investment which the City is permitted by law to make, including without limitation investment in the Local Agency Investment Fund of the State of California (LAIF), provided that any investment of the type authorized pursuant to paragraphs (d), (f), (h) and (i) of section 53601 of the California Government Code are additionally restricted as provided in the appropriate paragraph or paragraphs above applicable to such type of investment and provided further that investments authorized pursuant to paragraphs (k) and (m) of section 53601 are not permitted. Maturity of investments shall be governed by the following: a. Investments of monies (other than reserve funds) shall be in securities and obligations maturing not later than the dates on which such monies will be needed to make payments. b. Investments shall be considered as maturing on the first date on which they are redeemable without penalty at the option of the holder or the date on which the Trustee may require their repurchase pursuant to repurchase agreements. City Council 11 33 — 24 3/16/2021 4846-535-8811v3/200434-0005 C. Investments of monies in reserve funds not payable upon demand shall be restricted to maturities of five years or less. To the extent that any of the requirements concerning Permitted Investments embodies a legal conclusion, the Trustee shall be entitled to conclusively rely upon a certificate from the appropriate party or an opinion from counsel to such party, that such requirement has been met. "PERS" means the California Public Employees' Retirement System. "PERS Contract" has the meaning assigned that term in the Recitals to this Trust Agreement. "Principal Office of the Trustee" means the office of the Trustee at the address set forth in Section 14.06 of this Trust Agreement, provided for transfer, exchange, registration, surrender and payment of Bonds means care of the corporate trust operations office of U.S. Bank National Association in St. Paul, Minnesota or such other office designated by the Trustee. "Rating Agencies" means Moody's and S&P. "Rating Category" means (a) with respect to any long-term rating category, all ratings designated by a particular letter or combination of letters, without regard to any numerical modifier, plus or minus sign or other modifier and (b) with respect to any short-term or commercial paper rating category, all ratings designated by a particular letter or combination of letters and taping into account any numerical modifier, but not any plus or minus sign or other modifier. "Record Date" means the fifteenth day of each calendar month preceding any Interest Payment Date, regardless of whether such day is a Business Day. "Redemption Fund" means the Fund of that name established pursuant to Section 6.03 hereof. "Refunding Law" has the meaning assigned that term in the Recitals to this Trust Agreement. "Registrar" means, for purposes of this Trust Agreement, the Trustee or its successor or assignee. "Representation Letter" means the Letter of Representations from the City and the Trustee to DTC with respect to the Bonds. "Requisition" or "Written Requisition" means a Requisition or Written Requisition, substantially in the form of Exhibit B hereto. "Responsible Officer" means an officer of the Trustee assigned by the Trustee to administer this Trust Agreement. "Retirement Law" has the meaning assigned that term in the Recitals to this Trust Agreement. "Revenue Fund" means the Fund of that name established pursuant to Section 6.02 hereof. City Council 12 33 — 25 3/16/2021 4846-535-8811v3/200434-0005 "S&P" means S&P Global Ratings, LLC, a Standard & Poor's Financial Services LLC business, and its successors, and, if such company shall for any reason no longer perform the functions of a securities rating agency, "S&P" shall be deemed to refer to any other nationally recognized rating agency designated by the City. "Securities Depositories" means any of The Depository Trust Company or, in accordance with then -current guidelines of the Securities and Exchange Commission, such other securities depositories, or if no such depositories, as the City may indicate in a certificate of the City delivered to the Trustee. "State" means the State of California. "Total Bond Obligation" means, as of any date of calculation, the aggregate principal amount of the Bonds then Outstanding. "Trust Agreement" means this Trust Agreement dated as of 1, 2021 between the City and the Trustee, as it may be amended, supplemented or otherwise modified from time to time. "Trustee" means the entity named as such in the heading of this Trust Agreement until a successor replaces it, and thereafter means such successor. "Unfunded Liability" has the meaning assigned that term in the Recitals to this Trust Agreement. Section 1.02 Other Definitional Provisions. Except as otherwise indicated, references to Articles and Sections are to the Articles and Sections of this Trust Agreement. Any of the terms defined in Section 1.01 may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. ARTICLE II THE BONDS Section 2.01 Issuance of Bonds; Form; Dating. Bonds may be issued by the City under the terms of this Trust Agreement only to refund the City's Unfunded Liability under the PERS Contract and the Retirement Law and to pay the Costs of Issuance in connection with the issuance of the Bonds. The Bonds shall be designated "City of Santa Ana Taxable Pension Obligation Bonds, Series 2021" and shall be issued in Authorized Denominations. The Bonds shall be issued hereunder in the aggregate principal amount of $ . Interest on the Bonds shall be payable on each 1 and 1, commencing 1, 20 Section 2.02 Description of the Bonds. Each Bond shall be issued in fully registered form and shall be numbered as determined by the Trustee. The Bonds shall be dated the Closing Date. The Bonds shall be issued in Authorized Denominations; provided, however, that the Bonds shall initially be Book -Entry Bonds. The Bonds shall mature on the dates, in the principal amounts, and interest thereon shall be computed at the rates, as shown below: City Council 13 33 — 26 3/16/2021 4846-535-8811v3/200434-0005 Maturity Date ( 1) Principal Amount Interest Rate Section 2.03 Interest on the Bonds. Interest on each Bond of each maturity shall be payable at the respective per annum rates set forth in Section 2.02 hereof and shall be payable on each Interest Payment Date until maturity or earlier redemption, computed using a year of 360 days comprised of twelve 30-day months. Interest on each Bond shall accrue from the Interest Payment Date for the Bonds next preceding the date of authentication and delivery thereof, unless (1) such date of authentication is an Interest Payment Date in which event interest shall be payable from such date of authentication; (11) it is authenticated after a Record Date and before the close of business on the immediately following Interest Payment Date, in which event interest thereon shall be payable from such Interest Payment Date; or (111) it is authenticated prior to the close of business on the first Record Date, in which event interest thereon shall be payable from the Closing Date; provided, however, that if at the time of authentication of any Bond interest thereon is in default, interest thereon shall be payable from the Interest Payment Date to which interest has previously been paid or made available for payment or, if no interest has been paid or made available for payment, from the Closing Date. Section 2.04 Medium of Payment. Principal, premium, if any, and interest on the Bonds shall be payable in currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Payments of interest on any of the Bonds will be made on each Interest Payment Date by check of the Trustee sent by Mail, or by wire transfer to any Holder of $1,000,000 or more of Bonds, to the account specified by such Holder in a written request delivered to the Trustee on or prior to the Record Date for such Interest Payment Date, to the Holder thereof on the Record Date; provided, however, that payments of defaulted interest shall be payable to the person in whose name such Bond is registered at the close of business on a special record date fixed therefor by the Trustee which shall not be more than 15 days and not less than ten days prior to the date of the proposed payment of defaulted interest. Payment of the principal of the Bonds upon redemption or maturity will be made upon presentation and surrender of each such Bond, at the Principal Office of the Trustee. City Council 14 33 — 27 3/16/2021 4846-535-8811v3/200434-0005 Section 2.05 Form. The Bonds shall be substantially in the form set forth in Exhibit A attached hereto and by this reference incorporated herein. The Bonds may be printed, lithographed, photocopied or typewritten and shall be in such Authorized Denominations as may be determined by the City. Section 2.06 Additional Bonds. From time to time, the City may enter into (i) one or more other trust agreements or indentures and/or (11) one or more agreements supplementing and/or amending this Trust Agreement, for the purpose of providing for the issuance of Additional Bonds to refund the Bonds or to refund all or any portion of any Unfunded Liability under the PERS Contract arising subsequent to the issuance of the Bonds or any other obligations due to PERS. Such Additional Bonds may be issued on a parity with the Bonds. ARTICLE III EXECUTION, AUTHENTICATION AND EXCHANGE OF BONDS; BOOK ENTRY BONDS Section 3.01 Execution and Authentication; Registration. (a) The Bonds will be signed for the City with the manual or facsimile signature of the Mayor of the City Council of the City. The City may deliver to the Trustee or its agent duly executed Bonds for authentication from time to time by the Trustee or its agent as such Bonds may be required. Bonds executed and so delivered and authenticated will be valid. In case any officer of the City whose signature or whose facsimile signature shall appear on any Bonds shall cease to be such officer before the authentication of such Bonds, such signature or the facsimile signature thereof shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until authentication. Also, if a person signing a Bond is the proper officer on the actual date of execution, the Bond will be valid even if that person is not the proper officer on the nominal date of action and even though, at the date of this Trust Agreement, such person was not such officer. (b) A Bond will not be valid until the Trustee or its agent executes the certificate of authentication on such Bond by manual signature. Such signature will be conclusive evidence that such Bond has been authenticated under this Trust Agreement. The Trustee may appoint an authenticating agent acceptable to the City to authenticate Bonds. An authenticating agent may authenticate Bonds whenever the Trustee may do so. Each reference in this Trust Agreement to authentication by the Trustee includes authentication by such agent. (c) Bonds may be presented at the Principal Office of the Trustee, unless a different office has been designated for such purpose, for registration, transfer and exchange. The Registrar will keep a register of such Bonds and of their transfer and exchange. Section 3.02 Transfer or Exchange of Bonds. Subject to Section 3.03: (a) All Bonds shall be issued in fully registered form. Upon surrender for transfer of any Bond at the Principal Office of the Trustee, the Trustee shall deliver in the name of the transferee or transferees a new fully authenticated and registered Bond or Bonds of Authorized Denominations of the same maturity for the aggregate principal amount which the Bondholder is entitled to receive. City Council 15 33 — 28 3/16/2021 4846-535-8811v3/200434-0005 (b) All Bonds presented for transfer, redemption or payment shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the City, duly executed by the Bondholder or by his or her duly authorized attorney. The Trustee also may require payment from the Bondholder of a sum sufficient to cover any tax, or other governmental fee or charge that may be imposed in relation thereto. Such taxes, fees and charges shall be paid before any such new Bond shall be delivered. (c) Bonds delivered upon any transfer as provided herein, or as provided in Section 3.04, shall be valid obligations of the City, evidencing the same debt as the Bond surrendered, shall be secured by this Trust Agreement and shall be entitled to all of the security and benefits hereof to the same extent as the Bond surrendered. (d) The City, the Trustee and the Paying Agent shall treat the Bondholder, as shown on the registration books kept by the Trustee, as the person exclusively entitled to payment of principal, premium, if any, and interest with respect to such Bond and to the exercise of all other rights and powers of the Bondholder, except that all interest payments will be made to the party who, as of the Record Date, is the Bondholder. (e) The Trustee shall not be required to register the transfer or exchange of any Bond during the period in which the Trustee is selecting Bonds for redemption and any bond that has been selected for redemption. Section 3.03 Book -Entry Bonds. (a) Except as provided in paragraph (c) of this Section 3.03, the registered owner of all of the Bonds shall be DTC and the Bonds shall be registered in the name of Cede & Co., as nominee for DTC. Except as provided in paragraph (d) of this Section 3.03, payment of principal, interest and premium, if any, for any Bonds registered in the name of Cede & Co. shall be made as provided in the Representation Letter. (b) The Bonds shall be initially issued in the form of a separate single authenticated fully registered Bond for each separate stated maturity of the Bonds. The Trustee, the Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of, or interest on, the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to Bondholders under this Trust Agreement, registering the transfer of Bonds, obtaining any consent or other action to be taken by Bondholders and for all other purposes whatsoever, and neither the Trustee, the Registrar nor the City shall be affected by any notice to the contrary. Neither the Trustee, the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant or any other person which is not shown on the registration books as being a Bondholder, with respect to (i) the accuracy of any records maintained by DTC or any Participant, (ii) the payment by DTC or any Participant of any amount in respect of the principal or redemption price of or interest on the Bonds, (iii) any notice which is permitted or required to be given to Bondholders under this Trust Agreement, (iv) the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or (v) any consent given or other action taken by DTC as a Bondholder. The Trustee shall pay, from funds held under the terms of this Trust Agreement or otherwise provided by the City, all principal or redemption price of and interest on the Bonds only to DTC as provided in the Representation Letter and all such payments City Council 16 33 — 29 3/16/2021 4846-535-8811v3/200434-0005 shall be valid and effective to satisfy and discharge fully the City's obligations with respect to the principal or redemption price of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive authenticated Bonds evidencing the obligation of the City, to make payments of principal or redemption price and interest pursuant to this Trust Agreement. Upon delivery by DTC to the Trustee of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions herein with respect to Record Dates, the name "Cede & Co." in this Trust Agreement shall refer to such new nominee of DTC. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bond certificates and notifies DTC, the Trustee and the Registrar of such determination, then DTC will notify the Participants of the availability through DTC of Bond certificates. In such event, the Trustee shall authenticate and the Registrar shall transfer and exchange Bonds certificates as requested by DTC and any other Bondholders in appropriate amounts. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Trustee and discharging its responsibilities with respect thereto under applicable law. Under such circumstances (if there is no successor securities depository), the City and the Trustee shall be obligated to deliver Bond certificates as described in this Trust Agreement. In the event Bond certificates are issued, the provisions of this Trust Agreement shall apply to, among other things, the transfer and exchange of such certificates and the method of payment of principal of and interest on such certificates. Whenever DTC requests the City and the Trustee to do so, the Trustee and the City will cooperate with DTC in taking appropriate action after reasonable notice (i) to make available one or more separate certificates evidencing the Bonds to any Participant having Bonds credited to its DTC account or (ii) to arrange for another securities depository to maintain custody of certificates evidencing the Bonds. (d) Notwithstanding any other provision of this Trust Agreement to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal or redemption price of and interest on such Bonds and all notices with respect to such Bonds shall be made and given, respectively, to DTC as provided in the Representation Letter. (e) In connection with any notice or other communication to be provided to Bondholders pursuant to this Trust Agreement by the City or the Trustee with respect to any consent or other action to be taken by Bondholders, the City or the Trustee, as the case may be, shall establish a record date for such consent or other action and give DTC notice of such record date not less than 15 calendar days in advance of such record date to the extent possible. Notice to DTC shall be given only when DTC is the sole Bondholder. (f) If the City purchases, or causes the Trustee to purchase, any of the Bonds, such purchase of Bonds shall be deemed to have occurred upon the purchase of beneficial ownership interests in the Bonds from a Participant. Upon receipt by DTC of notice from the City and a Participant that a purchase of beneficial ownership interests in the Bonds has been made by the City from such Participant, DTC shall surrender to the Trustee the Bonds referenced in such notice and, if the principal amount referenced in said notice is less than the principal amount of the Bonds so surrendered, the Trustee shall authenticate and deliver to DTC, in exchange for the Bonds so surrendered, a new Bond or Bonds, as the case may be, in Authorized Denominations and in a principal amount equal to the difference between (i) the principal amount of the Bonds so surrendered and (ii) the principal amount referenced in said notice. City Council 17 33 — 30 3/16/2021 4846-535-8811v3/200434-0005 (g) Notwithstanding any provision herein to the contrary, the City and the Trustee may agree to allow DTC, or its nominee, Cede & Co., to make a notation on any Bond redeemed in part to reflect, for informational purposes only, the principal amount and date of any such redemption. (h) In the event that DTC notifies the City that it is discontinuing the book -entry system for the Bonds, the City may either appoint another entity to hold the Bonds in book -entry form or deliver Bond certificates to the beneficial owners or Participants, as directed by DTC. Section 3.04 Mutilated, Lost, Stolen or Destroyed Bonds. (a) In the event any Bond is mutilated or defaced but identifiable by number and description, the City shall execute and the Trustee shall authenticate and deliver a new Bond of like date, maturity and denomination as such Bond, upon surrender thereof to the Trustee; provided that there shall first be furnished to the City and the Trustee proof satisfactory to the Trustee that the Bond is mutilated or defaced. The Bondholder shall accompany the above with a deposit of money required by the City for the cost of preparing the substitute Bond and all other expenses connected with the issuance of such substitute. The City shall then cause proper record to be made of the cancellation of the original, and thereafter the substitute shall have the validity of the original. (b) In the event any Bond is lost, stolen or destroyed, the City may execute and the Trustee may authenticate and deliver a new Bond of like date, maturity and denomination as that Bond lost, stolen or destroyed; provided that there shall first be furnished to the Trustee evidence of such loss, theft or destruction satisfactory to the Trustee, together with indemnity satisfactory to it. (c) The City and the Trustee shall charge the Holder of such Bond all transfer taxes, if any, and their reasonable fees and expenses in this connection. All substitute Bonds issued and authenticated pursuant to this Section shall be issued as a substitute and numbered, if numbering is provided for by the Trustee, as determined by the Trustee. In the event any such Bond has matured or has been called for redemption, instead of issuing a substitute Bond, the Trustee may pay the same without surrender thereof upon receipt of indemnity satisfactory to the Trustee. Section 3.05 Destruction of Bonds. Whenever any Outstanding Bonds shall be delivered to the Trustee for cancellation pursuant to this Trust Agreement, upon payment of the principal amount and interest represented thereby or for replacement pursuant to Section 3.04 or transfer pursuant to Section 3.02, such Bond shall be canceled and destroyed by the Trustee and counterparts of a certificate of destruction evidencing such destruction shall, upon the City's request, be furnished by the Trustee to the City. Section 3.06 Temporary Bonds. (a) Pending preparation of definitive Bonds, the City may execute and the Trustee shall authenticate and deliver, in lieu of definitive Bonds and subject to the same limitation and conditions, interim receipts, certificates or temporary bonds which shall be exchanged for the Bonds. (b) If temporary Bonds shall be issued, the City shall cause the definitive Bonds to be prepared and to be executed and delivered to the Trustee, and the Trustee, upon presentation to it of any temporary Bond, shall cancel the same and deliver in exchange therefor at the place City Council 18 33 — 31 3/16/2021 4846-535-8811v3/200434-0005 designated by the Bondholder, without charge to the Bondholder thereof, definitive Bonds of an equal aggregate principal amount, of the same series, maturity and bearing interest at the same rate or rates as the temporary Bonds surrendered. Until so exchanged, the temporary Bonds shall in all respects be entitled to the same benefit and security of this Trust Agreement as the definitive Bonds to be issued and authenticated hereunder. ARTICLE IV REDEMPTION OF BONDS Section 4.01 Notices to Trustee; Notices to Bondholders; Notices to DTC. (a) Notice of redemption shall be given by the Trustee, not less than 30 nor more than 60 days prior to the redemption date: (i) in the case of Bonds not registered in the name of a Securities Depository or its nominee, to the respective Holders of the Bonds designated for redemption at their addresses appearing on the registration books of the Trustee; (ii) in the case of Bonds registered in the name of a Securities Depository or its nominee, to such Securities Depository for such Bonds; and (iii) to the Information Services. Notice of redemption to the Holders pursuant to (1) above shall be given by mail at their addresses appearing on the registration books of the Trustee, or any other method agreed upon by such Holder and the Trustee. Notice of redemption to the Securities Depositories pursuant to (ii) above and the Information Services pursuant to (iii) above shall be given by electronically secure means, or any other method agreed upon by such entities and the Trustee. (b) Each notice of redemption shall state the Bonds or designated portions thereof to be redeemed, the date of redemption, the place of redemption, the redemption price, the CUSIP number (if any) of the Bonds to be redeemed, the distinctive numbers of the Bonds of such maturity to be redeemed and, in the case of Bonds to be redeemed in part only, the respective portions of the principal amount thereof to be redeemed, the original issue date, interest rate and stated maturity date of each Bond to be redeemed in whole or part. Each such notice shall also state that on said date there will become due and payable on each of the Bonds to be redeemed the redemption price, and redemption premium, if any, thereof, and that from and after such redemption date interest thereon shall cease to accrue. (c) Failure to give the notices described in this Section 4.01 or any defect therein shall not in any manner affect the redemption of any Bonds. Any notice sent as provided herein will be conclusively presumed to have been given whether or not actually received by the addressee. (d) The City shall have the right to rescind any notice of optional redemption previously sent pursuant to this Section 4.01. Any such notice of rescission shall be sent in the same manner as the notice of redemption. Neither the City nor the Trustee shall incur any liability, to Bond Owners, DTC, or otherwise, as a result of a rescission of a notice of redemption. Section 4.02 Optional Redemption of Bonds. The Bonds maturing on or after 1, 20 may be redeemed at the option of the City from any source of funds on any date on or after 1, 20 in whole or in part from such maturities as are selected by the City within a maturity at a redemption price equal to the principal amount to be redeemed, together with accrued interest to the date of redemption, without premium. City Council 19 33 — 32 3/16/2021 4846-535-8811v3/200434-0005 Section 4.03 Mandatory Sinking Fund Redemption of Bonds. The Bonds maturing 1, 20 (the "Term Bonds") are subject to mandatory sinking fund redemption at a redemption price equal to the principal amount thereof, plus accrued interest to the redemption date, without premium. The Term Bonds shall be so redeemed on the following dates and in the following amounts: Redemption Date Principal ( I) Amount * Final maturity. On or before each March 15 next preceding any mandatory sinking fund redemption date, the Trustee shall proceed to select for redemption pro-rata from all Term Bonds subject to mandatory sinking fund redemption at that time, an aggregate principal amount of such Term Bonds equal to the amount for such year as set forth in the table above and shall call such Term Bonds or portions thereof for redemption and give notice of such redemption in accordance with the terms of Section 4.01. At the option of the City, to be exercised by delivery of a written certificate to the Trustee on or before June 1 next preceding any mandatory sinking fund redemption date, it may (a) deliver to the Trustee for cancellation Term Bonds or portions thereof (in the amount of an Authorized Denomination) of the stated maturity subject to such redemption or (b) specify a principal amount of such Term Bonds or portions thereof (in the amount of an Authorized Denomination) which prior to said date have been purchased or redeemed (otherwise than under the provisions of this Section 4.03) and canceled by the Trustee at the request of the City and not theretofore applied as a credit against any mandatory sinking fund redemption requirement. Each such Term Bonds or portion thereof so delivered or previously redeemed shall be credited by the Trustee at 100% of the principal amount of the Term Bonds so delivered to the Trustee by the City against the obligation of the City on such mandatory sinking fund redemption date. Section 4.04 [Make -Whole Redemption of Bonds. The Bonds are subject to redemption prior to 1,20 , at the option of the City, in whole or in part (and if in part in any order of maturity selected by the City and within a maturity bearing interest at the same rate on a pro-rata basis as described below), on any date at a redemption price equal to the greater of: (a) 100% of the principal amount of the Bonds to be redeemed; or (b) the sum of the present value of the remaining scheduled payments of principal and interest to the maturity date of such Bonds to be redeemed, not including any portion of those payments of interest accrued and unpaid as of the date on which such Bonds are to be redeemed, discounted to the date on which such Bonds are to be redeemed on a semi-annual basis, assuming a 360-day year consisting of twelve 30-day months, at the Comparable Treasury Yield (defined below) plus 25 basis points, City Council 20 33 — 33 3/16/2021 4846-535-881lv3/200434-0005 plus, in each case, accrued interest on such Bonds to be redeemed to the redemption date. For purposes of the foregoing, the following terms have the following meanings: "Calculation Agent" means a commercial bank or an investment banking institution of national standing that is a primary dealer of United States government securities in the United States and designated by the City (which may be one of the institutions that served as an underwriter for the Bonds). "Comparable Treasury Issue" means the United States Treasury security selected by the Calculation Agent as having a maturity comparable to the remaining term to maturity of the Bonds being redeemed that would be utilized, at the time of selection and in accordance with customary financial practice, in pricing new issues of corporate debt securities of comparable maturity to the remaining term to maturity of the Bonds being redeemed. "Comparable Treasury Price" means, with respect to any date on which a Bond or portion thereof is being redeemed, either (a) the average of five Reference Treasury Dealer quotations for the date fixed for redemption, after excluding the highest and lowest such quotations, and (b) if the Calculation Agent is unable to obtain five such quotations, the average of the quotations that are obtained. The quotations will be the average, as determined by the Calculation Agent, of the bid and asked prices for the Comparable Treasury Issue (expressed in each case as a percentage of principal amount) quoted in writing to the Calculation Agent, at 5:00 p.m. New York City time on a date selected by the Calculation Agent which is not less than three business days and not more than 20 business days preceding the date fixed for redemption. "Comparable Treasury Yield" means the yield that represents the weekly average yield to maturity for the preceding week appearing in the most recently published statistical release designated "H.15(519) Selected Interest Rates" under the heading "Treasury Constant Maturities," or any successor publication selected by the Calculation Agent that is published weekly by the Board of Governors of the Federal Reserve System and that establishes yields on actively traded United States Treasury securities adjusted to constant maturity, for the maturity corresponding to the remaining term to maturity of the Bonds being redeemed. The Comparable Treasury Yield will be determined no sooner than the third business day nor earlier than the twentieth calendar day preceding the applicable date fixed for redemption. If the H.15(519) statistical release sets forth a weekly average yield for United States Treasury securities that have a constant maturity that is the same as the remaining term to maturity of the Bonds being redeemed, then the Comparable Treasury Yield will be equal to such weekly average yield. In all other cases, the Comparable Treasury Yield will be calculated by interpolation on a straight-line basis between the weekly average yields on the United States Treasury securities that have a constant maturity (i) closest to and greater than the remaining term to maturity of the Bonds being redeemed; and (ii) closest to and less than the remaining term to maturity of the Bonds being redeemed. Any weekly average yields calculated by interpolation will be rounded to the nearest 1/100th of 1%, with any figure of 1/200th of 1% or above being rounded upward. If, and only if, weekly average yields for United States Treasury securities for the preceding week are not available in the H.15(519) statistical release or any successor publication, then the Comparable Treasury Yield will be the rate of interest per annum equal to the semiannual equivalent yield to maturity of the Comparable Treasury Issue (expressed as a percentage of its principal amount) equal to the Comparable Treasury Price (each as defined herein) as of the date fixed for redemption. City Council 21 33 — 34 3/16/2021 4846-535-8811v3/200434-0005 "Reference Treasury Dealer" means a primary dealer of United States Government securities in the United States (which may be one of the institutions that served as an underwriter for the Bonds) appointed by the District and reasonably acceptable to the Calculation Agent.] Section 4.05 Payment of Bonds Called for Redemption; Effect of Redemption Call. (a) Upon surrender to the Trustee or the Trustee's agent, Bonds called for redemption shall be paid at the redemption price stated in the notice, plus interest accrued to the redemption date. (b) On the date so designated for redemption, notice having been given in the manner and under the conditions provided herein relating to such Bonds as are to be redeemed and moneys for payment of the redemption price being held in trust to pay the redemption price, the Bonds so called for redemption shall become and be due and payable on the redemption date, interest on such Bonds shall cease to accrue, such Bonds shall cease to be entitled to any lien, benefit or security under this Trust Agreement and the owners of such Bonds shall have no rights in respect thereof except to receive payment of the redemption price and accrued interest to the redemption date. (c) Bonds which have been duly called for redemption under the provisions of this Article IV and for the payment of the redemption price of which moneys shall be deposited in the Redemption Fund or otherwise held in trust for the Holders of the Bonds to be redeemed, all as provided in this Trust Agreement, shall not be deemed to be Outstanding under the provisions of this Trust Agreement. Section 4.06 Selection of Bonds for Redemption; Bonds Redeemed in Part. If less than all of the Bonds are called for redemption, the City will designate the maturities from which the Bonds are to be redeemed. For so long as the Bonds are registered in book entry form and DTC or a successor securities depository is the sole registered owner of such Bonds, if fewer than all of such Bonds of the same maturity and bearing the same interest rate are to be redeemed, the particular Bonds to be redeemed shall be selected on a pro rata pass -through distribution of principal basis in accordance with the operational arrangements of DTC then in effect, and if the DTC operational arrangements do not allow for redemption on a pro rata pass -through distribution of principal basis, all Bonds to be so redeemed will be selected for redemption in accordance with DTC procedures by lot; provided further that any such redemption must be performed such that all Bonds remaining outstanding will be in authorized denominations. In connection with any repayment of principal of the Bonds pursuant to the pass -through distribution of principal as described above, the Paying Agent will direct DTC to make a pass - through distribution of principal to the owners of the Bonds. A form of Pro Rata Pass -Through Distribution of Principal Notice will be provided to the Trustee that includes a table of factors reflecting the relevant scheduled redemption payments and DTC's applicable procedures, which are subject to change. For purposes of calculating pro rata pass -through distributions of principal, "pro rata" means, for any amount of principal or interest to be paid, the application of a fraction to such amounts where (a) the numerator is equal to the amount due to the owners of the Bonds on a payment date, and (b) the denominator is equal to the total original par amount of the Bonds. City Council 22 33 — 35 3/16/2021 4846-535-8811v3/200434-0005 It is the City's intent that redemption allocations made by DTC with respect to the Bonds be made on a pro rata pass -through distribution of principal basis as described above. However, the City cannot provide any assurance that DTC, DTC's direct and indirect participants, or any other intermediary will allocate the redemption of such Bonds on such basis. If the Bonds are not registered in book -entry form and if fewer than all of the Bonds of the same maturity and bearing the same interest rate are to be redeemed, the Bonds of such maturity and bearing such interest rate to be redeemed will be selected on a pro rata basis, and the particular Bonds of such maturity and bearing such interest rate to be redeemed will be selected by lot, provided that any such redemption must be performed such that all Bonds remaining outstanding will be in authorized denominations. Upon surrender of a Bond to be redeemed in part, the Trustee will authenticate for the registered owner a new Bond or Bonds of the same maturity and tenor equal in principal amount to the unredeemed portion of the Bond surrendered. ARTICLE V APPLICATION OF PROCEEDS; SOURCE OF PAYMENT OF BONDS Section 5.01 Application of Proceeds and City Contribution. The net proceeds of the sale of the Bonds received by the Trustee, $ ($ principal amount, less $ underwriter's discount), shall be deposited by the Trustee as follows: (i) the sum of $ shall be deposited into the Costs of Issuance Fund; (ii) the sum of $ shall be transferred to PERS and used to pay the Unfunded Liability relating to the City's PERS Safety Plan; and (iii) the sum of $ shall be transferred to PERS and used to pay the Unfunded Liability relating to the City's PERS Miscellaneous Plan. The City shall provide written payment instructions to the Trustee for the transfers above to PERS, upon which the Trustee may conclusively rely. The Trustee may establish and maintain for so long as is necessary one or more temporary funds and accounts under this Trust Agreement, including but not limited to a temporary fund for holding the proceeds of the Bonds. Section 5.02 Sources of Payment of Bonds; Semi -Annual Payments by the City. (a) The City shall provide for payment of principal or redemption price of and interest on the Bonds from any source of legally available funds of the City. If any Bonds are Outstanding, the City shall, no later than three Business Days preceding each Interest Payment Date beginning 1, 20 , deliver funds to the Trustee for deposit to the Revenue Fund in an aggregate amount equal to the portion of the Annual Debt Service coming due on such Interest Payment Date (less amounts on deposit in the Revenue Fund). City Council 23 33 — 36 3/16/2021 4846-535-8811v3/200434-0005 (b) The Bonds shall be obligations of the City payable from any lawfully available funds, shall not be limited as to payment to any special source of funds of the City, and shall be subject to appropriation in accordance with Section 8.01 hereof. The Bonds do not constitute an obligation of the City for which the City is obligated to levy or pledge any form of taxation or for which the City has levied or pledged any form of taxation. ARTICLE VI CREATION OF CERTAIN FUNDS AND ACCOUNTS Section 6.01 Creation of Costs of Issuance Fund. There is hereby created a Fund to be held by the Trustee designated "City of Santa Ana Taxable Pension Obligation Bonds, Series 2021, Costs of Issuance Fund" (the "Costs of Issuance Fund"). Funds on deposit in the Costs of Issuance Fund shall be used to pay or to reimburse the City for the payment of Costs of Issuance. Amounts in the Costs of Issuance Fund shall be disbursed by the Trustee upon Written Requisition in the form of Exhibit B executed by an Authorized City Representative. At such time as the City delivers to the Trustee written notice that all Costs of Issuance have been paid or otherwise notifies the Trustee in writing that no additional amounts from the Costs of Issuance Fund will be needed to pay Costs of Issuance, the Trustee shall transfer all amounts then remaining in the Costs of Issuance Fund to the Bond Interest Account of the City unless otherwise directed by the City. At such time as no amounts remain in the Costs of Issuance Fund, such Fund shall be closed. Section 6.02 Creation of Revenue Fund and Certain Accounts. There is hereby created a Fund to be held by the Trustee designated "City of Santa Ana Taxable Pension Obligation Bonds, Series 2021, Revenue Fund" (the "Revenue Fund"). There are hereby created in the Revenue Fund two separate Accounts designated "Bond Interest Account" and "Bond Principal Account". (a) All amounts received by the Trustee from the City in respect of interest payments on the Bonds shall be deposited in the Bond Interest Account and shall be disbursed to the applicable Bondholders to pay interest on the Bonds. All amounts held at any time in the Bond Interest Account (including amounts deposited pursuant to Section 6.03) shall be held for the security and payment of interest on the Bonds pursuant to this Trust Agreement. If at any time funds on deposit in the Bond Interest Account are insufficient to provide for the payment of such interest, the City shall promptly deposit funds to such Account to cure such deficiency. On 2 of each year beginning in [2021], so long as no Event of Default has occurred and is continuing, the Trustee shall transfer all amounts on deposit in the Bond Interest Account to the Revenue Fund to be used for any lawful purpose. (b) All amounts received by the Trustee from the City in respect of principal payments on the Bonds shall be deposited in the Bond Principal Account and all amounts in the Bond Principal Account will be disbursed to pay principal on the Bonds pursuant to this Trust Agreement. If at any time funds on deposit in the Bond Principal Account are insufficient to provide for the payment of such principal, the City shall promptly deposit funds to such Account to cure such deficiency. (c) The moneys in such Funds and Accounts shall be held by the Trustee in trust and applied as herein provided and, pending such application, shall be subject to a lien and charge in City Council 24 33 — 37 3/16/2021 4846-535-8811v3/200434-0005 favor of the holders of the Bonds issued and Outstanding under this Trust Agreement and for the further security of such holders until paid out or transferred as hereinafter provided. Section 6.03 Creation of Redemption Fund. A Fund to be held by the Trustee is hereby created and designated the "City of Santa Ana Taxable Pension Obligation Bonds, Series 2021, Redemption Fund" (the "Redemption Fund"). All moneys deposited by the City with the Trustee for the purpose of redeeming Bonds shall be deposited in the Redemption Fund. All amounts deposited in the Redemption Fund shall be used and withdrawn by the Trustee solely for the purpose of redeeming Bonds in the manner, at the times and upon the terms and conditions specified in this Trust Agreement; provided that, at any time prior to giving such notice of redemption, the Trustee shall, upon receipt of written instructions from an Authorized City Representative, apply such amounts to the purchase of Bonds at public or private sale, as and when and at such prices (including brokerage and other charges) as directed by the City. Section 6.04 Moneys Held in Redemption Fund. All moneys which shall have been withdrawn from the Revenue Fund and deposited in the Redemption Fund for the purpose of paying any of the Bonds hereby secured, either at the maturity thereof or upon call for redemption, shall be held in trust for the respective Holders of such Bonds. Section 6.05 Unclaimed Moneys. Any moneys which shall be set aside or deposited in the Redemption Fund, the Bond Principal Account, the Bond Interest Account or any other Fund or Account for the benefit of Holders of Bonds and which shall remain unclaimed by the Holders of such Bonds for a period of one year after the date on which such Bonds shall have become due and payable (or such longer period as shall be required by State law) shall be paid to the City, and thereafter the Holders of such Bonds shall look only to the City for payment and the City shall be obligated to make such payment, but only to the extent of the amounts so received without any interest thereon, and the Trustee and any Paying Agent shall have no responsibility with respect to any of such moneys. ARTICLE VII CONCERNING PAYING AGENT Section 7.01 Paying Agent; Appointment and Acceptance of Duties. The City hereby appoints the Trustee as the Paying Agent for the Bonds. Section 7.02 Paying Agent - General Responsibilities. (a) The City may at any time or from time to time appoint a different Paying Agent or Paying Agents for the Bonds, and each Paying Agent, if other than the Trustee, shall be a commercial bank with trust powers and shall designate to the City and the Trustee its principal office and signify its acceptance of the duties and obligations imposed upon it hereunder by a written instrument of acceptance delivered to the City under which each such Paying Agent will agree, particularly: (i) to hold all sums held by it for the payment of the principal of, and premium or interest on, Bonds in trust for the benefit of the Bondholders until such sums shall be paid to such Bondholders or otherwise disposed of as herein provided; City Council 25 33 — 38 3/16/2021 4846-535-8811v3/200434-0005 (11) to keep such books and records as shall be consistent with industry practice, to make such books and records available for inspection by the City and the Trustee at all reasonable times upon reasonable prior notice; and (111) upon the request of the Trustee, to forthwith deliver to the Trustee all sums so held by such Paying Agent. (b) The Paying Agent shall perform the duties and obligations set forth in this Trust Agreement, and in particular shall hold all sums delivered to it by the Trustee for the payment of principal or premium of and interest on the Bonds for the benefit of the Bondholders until such sums shall be paid to such Bondholders or otherwise disposed of as herein provided. (c) In performing its duties hereunder, the Paying Agent shall be entitled to all of the rights, protections and immunities accorded to the Trustee under the terms of this Trust Agreement. Section 7.03 Certain Permitted Acts. Any Fiduciary may become the owner of any Bonds, with the same rights it would have if it were not a Fiduciary. To the extent permitted by law, any Fiduciary may act as depositary for, and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the rights of Bondholders or to effect or aid in any reorganization growing out of the enforcement of the Bonds or this Trust Agreement, whether or not any such committee shall represent the owners of a majority in Total Bond Obligation of the Bonds then Outstanding. Section 7.04 Resignation or Removal of Paying Agent and Appointment of Successor. (a) Any Paying Agent may at any time resign and be discharged of the duties and obligations created by this Trust Agreement in accordance with the provisions set forth in this Trust Agreement for the removal of the Trustee by giving at least 60 days' written notice to the City and the other Fiduciaries. Any Paying Agent may be removed at any time upon 30 days prior written notice by an instrument filed with such Paying Agent and the Trustee and signed by an Authorized City Representative. Any successor Paying Agent shall be appointed by the City with the approval of the Trustee and shall be a commercial bank with trust powers or trust company organized under the laws of any state of the United States, having capital stock and surplus aggregating at least $100,000,000, and willing and able to accept the office on reasonable and customary terms and authorized by law to perform all the duties imposed upon it by this Trust Agreement. (b) In the event of the resignation or removal of any Paying Agent, such Paying Agent shall assign and deliver any moneys and Bonds, including authenticated Bonds, held by it to its successor, or if there be no successor, to the Trustee. In the event that for any reason there shall be a vacancy in the office of any Paying Agent, the Trustee shall act as such Paying Agent. ARTICLE VIII COVENANTS OF THE CITY Section 8.01 Payment of Principal and Interest. The City covenants and agrees that it will duly and punctually pay or cause to be paid the principal, premium, if any, and interest on every Bond at the place and on the dates and in the manner specified herein and in the Bonds, according to City Council 26 33 — 39 3/16/2021 4846-535-8811v3/200434-0005 the true intent and meaning thereof, and that it will faithfully do and perform all covenants and agreements contained herein and in the Bonds and the City agrees that time is of the essence of this Trust Agreement. The obligations of the City under the Bonds, including the obligation to make all payments of principal, premium, if any, and interest when due, are absolute and unconditional, without any right of set-off or counter claim. The City shall in each Fiscal Year include in its budget a provision to provide funds in an amount sufficient to pay the principal, premium, if any, and interest on the Bonds coming due in such Fiscal Year, but only to the extent that such amounts exceed the amount of available funds then on deposit in the Revenue Fund, and shall make annual appropriations for all such amounts. If such principal, premium, if any, and interest on the Bonds coming due in any Fiscal Year exceeds the sum of amounts budgeted in respect thereof together with amounts then on deposit in the Revenue Fund, then the City shall amend or supplement the budget to provide for such excess amounts. The covenants contained in this Section shall be deemed to be and shall be duties imposed by law and it shall be the duty of each and every public official of the City to take such action and do such things as are required by law in the performance of the official duty of such officials to enable the City to carry out and perform the covenants and agreements in this Trust Agreement agreed to be carried out and performed by the City. Section 8.02 Performance of Covenants by City; Authority; Due Execution. The City covenants that it will faithfully perform at all times any and all covenants, undertakings, stipulations and provisions contained in this Trust Agreement, in any and every Bond executed, authenticated and delivered hereunder and in all of its proceedings pertaining hereto. The City covenants that it is duly authorized under the Constitution and laws of the State to issue the Bonds. Section 8.03 Instruments of Further Assurance. The City covenants that it will do, execute, acknowledge and deliver, or cause to be done, executed, acknowledged and delivered such further acts, instruments and transfers as the Trustee may reasonably request for the better assuring and confirming to the Trustee all the rights and obligations of the City under and pursuant to this Trust Agreement. The City shall, upon the reasonable request of the Trustee, from time to time execute and deliver such further instructions and take such further action as may be reasonable and as may be required to effectuate the purposes of this Trust Agreement or any provisions hereof; provided, however, that no such instruments or actions shall pledge the full faith and credit or the taxing powers of the State. Section 8.04 No Inconsistent Action. The City covenants that no contract or contracts will be entered into or any action taken by the City which shall be inconsistent with the provisions of this Trust Agreement. Section 8.05 No Adverse Action. The City covenants that it will not take any action which will have a material adverse effect upon the rights of the Holders of the Bonds. Section 8.06 Maintenance of Powers. The City covenants that it will at all times use its best efforts to maintain the powers, functions, duties and obligations now reposed in it pursuant to applicable law and will not at any time voluntarily do, suffer or permit any act or thing the effect of which would be to hinder, delay or imperil either the payment of the indebtedness evidenced by any of the Bonds or the performance or observance of any of the covenants herein contained. City Council 27 33 — 40 3/16/2021 4846-535-8811v3/200434-0005 Section 8.07 Covenants of City Binding on Successors. (a) All covenants, stipulations, obligations and agreements of the City contained in this Trust Agreement shall be deemed to be covenants, stipulations, obligations and agreements of the City to the full extent authorized or permitted by law. If the powers or duties of the City shall hereafter be transferred by amendment of any provision of the Constitution or any other law of the State or in any other manner there shall be a successor to the City, and if such transfer shall relate to any matter or thing permitted or required to be done under this Trust Agreement by the City, then the entity that shall succeed to such powers or duties of the City shall act and be obligated in the place and stead of the City as provided in this Trust Agreement, and all such covenants, stipulations, obligations and agreements herein shall be binding upon such successor or successors thereof from time to time and upon any officer, board, body, district, authority or commission to whom or to which any power or duty affecting such covenants, stipulations, obligations and agreements shall be transferred by or in accordance with law. (b) Except as otherwise provided in this Trust Agreement, all rights, powers and privileges conferred and duties and liabilities imposed upon the City by the provisions of this Trust Agreement shall be exercised or performed by the City or by such officers, board, body, district, authority or commission as may be required by law to exercise such powers or to perform such duties. Section 8.08 Trust Agreement to Constitute a Contract. This Trust Agreement is executed by the City for the benefit of the Bondholders and constitutes a contract with the Bondholders. Section 8.09 City to Perform Pursuant to Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Trust Agreement, failure of the City to comply with the Continuing Disclosure Certificate shall not be considered an Event of Default under this Trust Agreement; provided, however, the obligations of the City to comply with the provisions of the Continuing Disclosure Certificate shall be enforceable by any Participating Underwriter or any Holder of Outstanding Bonds, or by the Trustee on behalf of the Holders of Outstanding Bonds; provided, further, that the Trustee shall not be required to take any enforcement action whatsoever except at the written direction of the Holders of not less than a majority in aggregate principal amount of the Bonds at the time Outstanding who shall have provided the Trustee with security and indemnity to its satisfaction, including without limitation, attorney's fees and expenses. The Participating Underwriters', Holders' and Trustee's rights to enforce the provisions of the Continuing Disclosure Certificate shall be limited solely to a right, by action in mandamus or for specific performance, to compel performance of the City's obligations under the Continuing Disclosure Certificate. Notwithstanding the foregoing, the City shall be entitled to amend or rescind the Continuing Disclosure Certificate to the extent permitted by law. ARTICLE IX INVESTMENTS Section 9.01 Investments Authorized. Money held by the Trustee in any fund or account hereunder shall be invested by the Trustee in Permitted Investments pending application as provided herein solely at the prior written direction of an Authorized City Representative, shall be registered in City Council 28 33 — 41 3/16/2021 4846-535-8811v3/200434-0005 the name of the Trustee where applicable, as Trustee, and shall be held by the Trustee. The City shall direct the Trustee prior to 12:00 p.m. Pacific time on the last Business Day before the date on which a Permitted Investment matures or is redeemed as to the reinvestment of the proceeds thereof In the absence of such direction, the Trustee shall invest in investments authorized under clause (8) contained in the definition of "Permitted Investments." The Trustee may rely on the City's certification in such investment instructions that such investments are permitted by law and by any policy guidelines promulgated by the City. Money held in any fund or account hereunder may be commingled for purposes of investment only. The Trustee may, with the prior written approval of an Authorized City Representative, purchase from or sell to itself or any affiliate, as principal or agent, investments authorized by this Section 9.01. Any investments and reinvestments shall be made after giving full consideration to the time at which funds are required to be available hereunder and to the highest yield practicably obtainable giving due regard to the safety of such funds and the date upon which such funds will be required for the uses and purposes required by this Trust Agreement. The Trustee or any of its affiliates may act as agent in the making or disposing of any investment and may act as sponsor or advisor with respect to any Permitted Investment. For investment purposes, the Trustee may commingle the funds and accounts established hereunder, but shall account for each separately. The City acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the City the right to receive brokerage confirmations of security transactions as they occur, the City specifically waives receipt of such confirmations to the extent permitted by law. The Trustee will furnish the City with periodic cash transaction statements which shall include details for all investment transactions made by the Trustee hereunder. Section 9.02 Reports. The Trustee shall furnish at least quarterly to the City a report (which may be in the form of the Trustee's regular account statements) of all investments made by the Trustee and of all amounts on deposit in each fund and account maintained hereunder. Section 9.03 Valuation and Disposition of Investments. For the purpose of determining the amount in any fund or account hereunder, all Permitted Investments shall be valued at the market value thereof not later than July 1 of each year. With the prior written approval of an Authorized City Representative, the Trustee may sell at the best price obtainable, or present for redemption, any Pennitted Investment so purchased by the Trustee whenever it shall be necessary in order to provide money to meet any required payment, transfer, withdrawal or disbursement from any fund or account hereunder, and the Trustee shall not be liable or responsible for any loss resulting from such investment or sale, except any loss resulting from its own negligence or willful misconduct. Section 9.04 Application of Investment Earnings. Investments in any Fund or Account shall be deemed at all times to be a part of such Fund or Account, and any profit realized from such investment shall be credited to such Fund or Account and any loss resulting from such investment shall be charged to such Fund or Account. Interest earnings on investments in any Fund or Account shall be deposited in the Bond Interest Account of the Revenue Fund. City Council 29 33 — 42 3/16/2021 4846-535-8811v3/200434-0005 ARTICLE X DEFEASANCE Section 10.01 Discharge of Bonds; Release of Trust Agreement. Bonds or portions thereof (such portions to be in an Authorized Denomination) which have been paid in full or which are deemed to have been paid in full shall no longer be entitled to the benefits of this Trust Agreement except for the purposes of payment from moneys and Defeasance Securities. When all Bonds which have been issued under this Trust Agreement have been paid in full or are deemed to have been paid in full, and all other sums payable hereunder by the City, including all necessary and proper fees, compensation and expenses of the Trustee and any Paying Agents, have been paid or are duly provided for, then the Trustee shall cancel, discharge and release this Trust Agreement, shall execute, acknowledge and deliver to the City such instruments of satisfaction and discharge or release as shall be requisite to evidence such release and such satisfaction and discharge and shall assign and deliver to the City any amounts at the time subject to this Trust Agreement which may then be in the Trustee's possession, except funds or securities in which such funds are invested and held by the Trustee or the Paying Agents for the payment of the principal, premium, if any, and interest on the Bonds. Section 10.02 Bonds Deemed Paid. (a) A Bond shall be deemed to be paid within the meaning of this Article X and for all purposes of this Trust Agreement when (i) payment with respect thereto of the principal, interest and premium, if any, either (1) shall have been made or caused to be made in accordance with the terms of the Bonds and this Trust Agreement or (2) shall have been provided for, as certified to the Trustee by a Consultant who is a certified public accountant, by irrevocably depositing with the Trustee in trust and irrevocably setting aside exclusively for such payment: (x) moneys sufficient to make such payment, and/or (y) Defeasance Securities maturing as to principal and interest in such amounts and at such times as will insure the availability of sufficient moneys to make such payment, and (ii) all necessary and proper fees, compensation and expenses of the Trustee and any Paying Agents pertaining to the Bonds with respect to which such deposit is made shall have been paid or provision made for the payment thereof. At such times as Bonds shall be deemed to be paid hereunder, such Bonds shall no longer be secured by or entitled to the benefits of this Trust Agreement, except for the purposes of payment from such moneys and Defeasance Securities. (b) Notwithstanding the foregoing paragraph, no deposit under clause (i)(2) of the immediately preceding paragraph shall be deemed a payment of such Bonds until (i) proper notice of redemption of such Bonds shall have been given in accordance with Section 4.01, or in the event such Bonds are not to be redeemed within the next succeeding 60 days, until the City shall have given the Trustee irrevocable instructions to notify, as soon as practicable, the holders of the Bonds in accordance with Section 4.01, that the deposit required by clause (i)(2) above has been made with the Trustee and that such Bonds are deemed to have been paid in accordance with this Article X and stating the maturity or redemption date upon which moneys are to be available for the payment of the principal of, premium, if any, and unpaid interest on such Bonds; or (ii) the maturity of such Bonds. City Council 30 33 — 43 3/16/2021 4846-535-8811v3/200434-0005 ARTICLE XI DEFAULTS AND REMEDIES Section 11.01 Events of Default. Each of the following events shall constitute and is referred to in this Trust Agreement as an "Event of Default": (a) a failure to pay the principal or premium, if any, on any of the Bonds when the same shall become due and payable at maturity or upon redemption; (b) a failure to pay any installment of interest on any of the Bonds when such interest shall become due and payable; (c) a failure by the City to observe and perform any covenant, condition, agreement or provision (other than as specified in clauses (a) and (b) of this Section 11.01) contained in the Bonds or in this Trust Agreement on the part of the City to be observed or performed, which failure shall continue for a period of 60 days after written notice, specifying such failure and requesting that it be remedied, shall have been given to the City by the Trustee; provided, however, that the Trustee shall be deemed to have agreed to an extension of such period if corrective action is initiated by the City within such period and is being diligently pursued; or (d) if the City files a petition in voluntary bankruptcy, for the composition of its affairs or for its corporate reorganization under any state or federal bankruptcy or insolvency law, or makes an assignment for the benefit of creditors, or admits in writing to its insolvency or inability to pay debts as they mature, or consents in writing to the appointment of a trustee or receiver for itself. Upon its actual knowledge of the occurrence of any Event of Default, the Trustee shall immediately give written notice thereof to the City. Section 11.02 Remedies. (a) Upon the occurrence and continuance of any Event of Default, the Trustee in its discretion may, and shall upon the written direction of the holders of a majority of the Total Bond Obligation of the Bonds then Outstanding and, in each case, receipt of indemnity to its satisfaction, in its own name and as the Trustee of an express trust: (1) by mandamus, or other suit, action or proceeding at law or in equity, enforce all rights of the Bondholders hereunder, as the case may be, and require the City to carry out any agreements with or for the benefit of the Bondholders and to perform its or their duties under the Refunding Law or any other law to which it is subject and this Trust Agreement; provided that any such remedy may be taken only to the extent permitted under the applicable provisions of this Trust Agreement; (2) bring suit upon the defaulted Bonds; (3) commence an action or suit in equity to require the City to account as if it were the trustee of an express trust for the Bondholders; or (4) by action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the Bondholders hereunder. City Council 31 33 — 44 3/16/2021 4846-535-8811v3/200434-0005 (b) The Trustee shall be under no obligation to take any action with respect to any Event of Default unless the Trustee has actual knowledge of the occurrence of such Event of Default. Section 11.03 Restoration to Former Position. In the event that any proceeding taken by the Trustee to enforce any right under this Trust Agreement shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then the City, the Trustee and the Bondholders shall be restored to their former positions and rights hereunder, respectively, and all rights, remedies and powers of the Trustee shall continue as though no such proceeding had been taken. Section 11.04 Bondholders' Right to Direct Proceedings on their Behalf. Anything in this Trust Agreement to the contrary notwithstanding, Holders of a majority in Total Bond Obligation shall have the right, at any time, by an instrument in writing executed and delivered to the Trustee, to direct the time, method and place of conducting all remedial proceedings on their behalf available to the Trustee under this Trust Agreement to be taken in connection with the enforcement of the terms of this Trust Agreement or exercising any trust or power conferred on the Trustee by this Trust Agreement; provided that such direction shall not be otherwise than in accordance with the provisions of the law and this Trust Agreement and that there shall have been provided to the Trustee security and indemnity satisfactory to the Trustee against the costs, expenses and liabilities to be incurred as a result thereof by the Trustee; provided further that the Trustee shall have the right to decline to follow any such direction which in the opinion of the Trustee would be unjustly prejudicial to Bondholders not parties to such direction. Section 11.05 Limitation on Bondholders' Rights to Institute Proceedings. No owner of any Bond shall have the right to institute any suit, action or proceeding at law in equity, for the protection or enforcement of any right or remedy under this Trust Agreement, or applicable law with respect to such Bond, unless (a) such owner shall have given to the Trustee written notice of the occurrence of an Event of Default; (b) the owners of not less than a majority in Total Bond Obligation shall have made written request upon the Trustee to exercise the powers heretofore granted or to institute such suit, action or proceeding in its own name; (c) such owner or said owners shall have tendered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; (d) the Trustee shall have refused or failed to comply with such request for a period of 60 days after such written request shall have been received by and said tender of indemnity shall have been made to, the Trustee and (e) the Trustee shall not have received contrary directions from the owners of a majority in aggregate principal amount of the Total Bonds Obligation. Section 11.06 No Impairment of Right to Enforce Payment. Notwithstanding any other provision in this Trust Agreement, the right of any Bondholder to receive payment of the principal of and interest on such Holder's Bond, on or after the respective due dates expressed therein, or to institute suit for the enforcement of any such payment on or after such respective date, shall not be impaired or affected without the consent of such Bondholder. Section 11.07 Proceedings by Trustee Without Possession of Bonds. All rights of action under this Trust Agreement or under any of the Bonds secured hereby which are enforceable by the Trustee may be enforced by it without the possession of any of the Bonds, or the production thereof at the trial or other proceedings relative thereto, and any such suit, action or proceeding instituted by City Council 32 33 — 45 3/16/2021 4846-535-8811v3/200434-0005 the Trustee shall be brought in its name for the equal and ratable benefit of the Bondholders, as the case may be, subject to the provisions of this Trust Agreement. Section 11.08 No Remedy Exclusive. No remedy herein conferred upon or reserved to the Trustee or to Bondholders is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder, or now or hereafter existing at law or in equity or by statute; provided, however, that any conditions set forth herein to the taking of any remedy to enforce the provisions of this Trust Agreement or the Bonds shall also be conditions to seeking any remedies under any of the foregoing pursuant to this Section 11.08. Section 11.09 No Waiver of Remedies. No delay or omission of the Trustee or of any Bondholder to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default, or an acquiescence therein and every power and remedy given by this Article XI to the Trustee and to the Bondholders, respectively, may be exercised from time to time and as often as may be deemed expedient. Section 11.10 Application of Moneys. (a) Any moneys received by the Trustee for the benefit of Bondholders, by any receiver or by any Bondholder pursuant to any right given or action taken under the provisions of this Article XI, after payment of the costs and expenses of the proceedings resulting in the collection of such moneys and of the fees, expenses, liabilities and advances incurred or made by the Trustee (including without limitation reasonable fees and reasonable expenses of its attorneys), shall be deposited in the Revenue Fund and all moneys so deposited in the Revenue Fund during the continuance of an Event of Default shall be applied (i) first, to the payment to the persons entitled thereto of all installments of interest then due on the Bonds, with interest on overdue installments, if lawful, at the rate per annum borne by the Bonds, as the case may be, in the order of maturity of the installments of such interest (if the amount available for such interest installments shall not be sufficient to pay in full any particular installment of interest, then to the payment ratably, according to the amounts due on such installment), and if the amount available for such interest shall not be sufficient to make payment thereof, then to the payment thereof ratably according to the respective aggregate amounts due and (ii) second, to the payment to the persons entitled thereto of the unpaid principal, as applicable, of any of the Bonds which shall have become due with interest on such Bonds at their respective rate from the respective dates upon which they became due (if the amount available for such unpaid principal and interest shall not be sufficient to pay in full Bonds due on any particular date, together with such interest, then to the payment ratably, according to the amount of principal and interest due on such date, in each case to the persons entitled thereto, without any discrimination or privilege among Holders of Bonds), and, if the amount available for such principal and interest shall not be sufficient to make full payment thereof, then to the payment thereof ratably according to the respective aggregate amounts due. (b) Whenever moneys are to be applied pursuant to the provisions of this Section 11.10, such moneys shall be applied at such times, and from time to time, as the Trustee shall determine, having due regard to the amount of such moneys available for application and the likelihood of additional moneys becoming available for such application in the future. Whenever the Trustee shall apply such funds, it shall fix the date (which shall be an Interest Payment Date unless it shall deem another date more suitable) upon which such application is to be made and upon such date interest on the amounts to be paid on such date shall cease to accrue. The Trustee shall give notice of City Council 33 33 — 46 3/16/2021 4846-535-8811v3/200434-0005 the deposit with it of any such moneys and of the fixing of any such date by Mail to all Bondholders and shall not be required to make payment to any Bondholder until such Bonds shall be presented to the Trustee for appropriate endorsement or for cancellation if fully paid. Section 11.11 Severability of Remedies. It is the purpose and intention of this Article XI to provide rights and remedies to the Trustee and the Bondholders which may be lawfully granted under the provisions of applicable law, but should any right or remedy herein granted be held to be unlawful, the Trustee and the Bondholders shall be entitled, as above set forth, to every other right and remedy provided in this Trust Agreement and by applicable law. Section 11.12 Additional Events of Default and Remedies. So long as any Bonds are Outstanding, the Events of Default and remedies as set forth in this Article XI may be supplemented with additional Events of Default and remedies as set forth from time to time in a supplemental agreement. ARTICLE XII TRUSTEE; REGISTRAR Section 12.01 Acceptance of Trusts. The Trustee hereby accepts and agrees to execute the trusts specifically imposed upon it by this Trust Agreement, but only upon the additional terms set forth in this Article XII, to all of which the City agrees and the respective Bondholders agree by their acceptance of delivery of any of the Bonds. Section 12.02 Duties of Trustee. (a) If an Event of Default has occurred and is continuing, the Trustee shall exercise its rights and powers and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs. (b) Except during the continuance of an Event of Default: (i) the Trustee need perform only those duties that are specifically set forth in this Trust Agreement and no others; and (ii) in the absence of negligence on its part, the Trustee may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed, upon certificates or opinions furnished to the Trustee and conforming to the requirements of this Trust Agreement. (c) The Trustee may not be relieved from liability for its own negligent action, its own negligent failure to act or its own willful misconduct, except that: (i) this paragraph does not limit the effect of paragraph (b) of this Section 12.02; (ii) the Trustee shall not be liable for any error of judgment made in good faith by a Responsible Officer unless the Trustee was negligent in ascertaining the pertinent facts; City Council 34 33 — 47 3/16/2021 4846-535-8811v3/200434-0005 (111) the Trustee shall not be liable with respect to any action it takes or fails to take in good faith in accordance with a direction received by it from Bondholders or the City in the manner provided in this Trust Agreement; and (iv) no provision of this Trust Agreement shall require the Trustee to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder or in the exercise of any of its rights or powers. (d) Every provision of this Trust Agreement that in any way relates to the Trustee is subject to all the paragraphs of this Section 12.02. (e) The Trustee may refuse to perform any duty or exercise any right or power unless it receives indemnity reasonably satisfactory to it against any loss, liability or expense. (f) The Trustee shall not be liable for interest on any cash held by it except as the Trustee may agree with the City. Section 12.03 Rights of Trustee. (a) The recitals of facts contained herein and in the Bonds shall be taken as statements of the City, and the Trustee assumes no responsibility for the correctness of the same (other than the certificate of authentication of the Trustee on each Bond), and makes no representations as to the validity or sufficiency of this Trust Agreement or of the Bonds or of any Permitted Investment and shall not incur any responsibility in respect of any such matter, other than in connection with the duties or obligations expressly assigned to or imposed upon it herein or in the Bonds. The Trustee shall, however, be responsible for its representations contained in its certificate of authentication on the Bonds. The Trustee shall not be liable in connection with the performance of its duties hereunder, except for its own negligence, willful misconduct or breach of the express terms and conditions hereof. The Trustee and its directors, officers, employees or agents may in good faith buy, sell, own, hold and deal in any of the Bonds and may join in any action which any Holder of a Bond may be entitled to take, with like effect as if the Trustee was not the Trustee under this Trust Agreement. (b) The Trustee may execute any of the trusts or powers hereof and perform the duties required of it hereunder by or through attorneys, agents or receivers, and shall be entitled to advice of counsel concerning all matters of trust and its duty hereunder, and the opinion of such counsel shall be authorization for any action taken or not taken in reliance on such opinion, but the Trustee shall be answerable for the negligence or misconduct of any such attorney, agent or receiver selected by it. (c) No permissive power, right or remedy conferred upon the Trustee hereunder shall be construed to impose a duty to exercise such power, right or remedy. (d) The Trustee shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, coupon or other paper or document but the Trustee, in its discretion, may make such further inquiry or investigation into such facts or matters as it may see fit, and, if the Trustee shall determine to make such further inquiry or investigation, it shall be entitled to examine the books, records and premises of the City, personally or by agent or attorney. City Council 35 33 — 48 3/16/2021 4846-535-8811v3/200434-0005 (e) The Trustee shall not be responsible for the application or handling by the City of any moneys transferred to or pursuant to any requisition or request of the City in accordance with the terms and conditions hereof. (f) Whether or not therein expressly so provided, every provision of this Trust Agreement relating to the conduct or affecting the liability of or affording protection to the Trustee shall be subject to the provisions of this Article XII. (g) The Trustee shall be protected in acting upon any notice, resolution, request, consent, order, certificate, report, facsimile transmission, electronic mail, opinion, note or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. (h) The Trustee shall not be considered in breach of or in default in its obligations hereunder or progress in respect thereto in the event of delay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not limited to, Acts of God or of the public enemy or terrorists, acts of a government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquakes, explosion, mob violence, riot, inability to procure or general sabotage or rationing of labor, equipment, facilities, sources of energy, material or supplies in the open market, litigation or arbitration involving a party or others relating to zoning or other governmental action or inaction pertaining to the project, malicious mischief, condemnation, and unusually severe weather or delays of suppliers or subcontractors due to such causes or any similar event and/or occurrences beyond the control of the Trustee. (i) The Trustee agrees to accept and act upon facsimile transmission of written instructions and/or directions pursuant to this Trust Agreement provided, however, that: (x) subsequent to such facsimile transmission of written instructions and/or directions the Trustee shall forthwith receive the originally executed instructions and/or directions, (y) such originally executed instructions and/or directions shall be signed by a person as may be designated and authorized to sign for the party signing such instructions and/or directions, and (z) the Trustee shall have received a current incumbency certificate containing the specimen signature of such designated person. Section 12.04 Individual Rights of Trustee. The Trustee in its individual or any other capacity may become the owner or pledgee of Bonds and may otherwise deal with the City with the same rights it would have if it were not Trustee. Any Paying Agent or other agent may do the same with like rights. Section 12.05 Trustee's Disclaimer. The Trustee makes no representations as to the validity or adequacy of this Trust Agreement or the Bonds, it shall not be accountable for the City's use of the proceeds from the Bonds paid to the City and it shall not be responsible for any statement in any official statement or other disclosure document or in the Bonds other than its certificate of authentication. Section 12.06 Notice of Defaults. If an event occurs which with the giving of notice or lapse of time or both would be an Event of Default, and if the event is continuing and if it is actually known to the Trustee, the Trustee shall mail to each Bondholder notice of the event within 90 days after it occurs. Except in the case of a default in payment or purchase on any Bonds, the Trustee may City Council 36 33 — 49 3/16/2021 4846-535-8811v3/200434-0005 withhold the notice to Bondholders if and so long as a committee of its Responsible Officers in good faith determines that withholding the notice is in the interests of the Bondholders. Section 12.07 Compensation of Trustee. The City shall from time to time, but only in accordance with a written agreement in effect with the Trustee, pay to the Trustee reasonable compensation for its services and shall reimburse the Trustee for all its reasonable advances and expenditures, including but not limited to advances to and fees and expenses of independent appraisers, accountants, consultants, counsel, agents and attorneys -at -law or other experts employed by it in the exercise and performance of its powers and duties hereunder. The Trustee shall not otherwise have any claims or lien for payment of compensation for its services against any other moneys held by it in the funds or accounts established hereunder, except as provided in Section 11.10, but may take whatever legal actions are lawfully available to it directly against the City. To the extent permitted by applicable law, the City agrees to indemnify and save the Trustee, its officers, employees, directors and agents, harmless against any costs, expenses, claims or liabilities whatsoever, including, without limitation, fees and expenses of its attorneys, that it may incur in the exercise and performance of its powers and duties hereunder which are not due to its negligence or willful misconduct. The agreement contained in this Section shall survive the payment of the Bonds, the discharge of this Trust Agreement and the appointment of a successor trustee. Section 12.08 Eligibility of Trustee. This Trust Agreement shall always have a Trustee that is a trust company, a bank or association having trust powers and is organized and doing business under the laws of the United States or any state or the District of Columbia, is subject to supervision or examination by United States, state or District of Columbia authority and has a combined capital and surplus of at least $100,000,000 as set forth in its most recent published annual report of condition. Section 12.09 Replacement of Trustee. (a) The Trustee may resign as trustee hereunder by notifying the City in writing prior to the proposed effective date of the resignation. The Holders of a majority in Total Bond Obligation of the Bonds may remove the Trustee by notifying the removed Trustee and may appoint a successor Trustee with the City's consent. The City may remove the Trustee, by notice in writing delivered to the Trustee 30 days prior to the proposed removal date; provided, however, that the City shall have no right to remove the Trustee during any time when an Event of Default has occurred and is continuing unless (1) the Trustee fails to comply with the foregoing Section, (11) the Trustee is adjudged a bankrupt or an insolvent, (iii) the Trustee otherwise becomes incapable of acting or (iv) the City determines that the Trustee's services are no longer satisfactory to the City. No resignation or removal of the Trustee under this Section shall be effective until a new Trustee has taken office. If the Trustee resigns or is removed or for any reason is unable or unwilling to perform its duties under this Trust Agreement, the City shall promptly appoint a successor Trustee. (b) A successor Trustee shall deliver a written acceptance of its appointment to the retiring Trustee and to the City. Immediately thereafter, the retiring Trustee shall transfer all property held by it as Trustee to the successor Trustee, the resignation or removal of the retiring Trustee shall then (but only then) become effective and the successor Trustee shall have all the rights, powers and duties of the Trustee under this Trust Agreement. If a Trustee is not performing its duties hereunder and a successor Trustee does not take office within 60 days after the retiring Trustee delivers notice of resignation or the City delivers notice of removal, the retiring Trustee, the City or City Council 37 33 — 50 3/16/2021 4846-535-8811v3/200434-0005 the Holders of a majority in Total Bond Obligation of the Bonds may petition any court of competent jurisdiction for the appointment of a successor Trustee. Section 12.10 Successor Trustee or Agent by Merger. If the Trustee, any Paying Agent or Registrar consolidates with, merges or converts into, or transfers all or substantially all its assets (or, in the case of a bank or trust company, its corporate trust business) to, another corporation, the resulting, surviving or transferee corporation without any further act shall be the successor Trustee, Paying Agent or Registrar. Section 12.11 Registrar. The City shall appoint the Registrar for the Bonds and may from time to time remove a Registrar and name a replacement upon notice to the Trustee. The City hereby appoints the Trustee as Registrar. Each Registrar, if other than the Trustee, shall designate to the Trustee, the Paying Agent, and the City its principal office and signify its acceptance of the duties imposed upon it hereunder by a written instrument of acceptance delivered to the City and the Trustee under which such Registrar will agree, particularly, to keep such books and records as shall be consistent with prudent industry practice and to make such books and records available for inspection by the City, the Trustee, and the Paying Agent at all reasonable times. Section 12.12 Other Agents. The City or the Trustee may from time to time appoint other agents to perform duties and obligations under this Trust Agreement which agents may include, but not be limited to, authenticating agents all as provided by resolution of the City. Section 12.13 Several Capacities. Anything in this Trust Agreement to the contrary notwithstanding, the same entity may serve hereunder as the Trustee, Registrar and any other agent as appointed to perform duties or obligations under this Trust Agreement or an escrow agreement, or in any combination of such capacities, to the extent permitted by law. Section 12.14 Accounting Records and Reports of Trustee. (a) The Trustee shall at all times keep, or cause to be kept, proper books of record and account in which complete and accurate entries shall be made of all transactions made by it relating to the proceeds of the Bonds and all Funds and Accounts established pursuant to this Trust Agreement and held by the Trustee. Such books of record and account shall be available for inspection by the City and any Bondholder, or his or her agent or representative duly authorized in writing, upon reasonable prior notice, at reasonable hours and under reasonable circumstances. (b) The Trustee shall file and furnish to the City and to each Bondholder who shall have filed his or her name and address with the Trustee for such purpose (at such Bondholder's cost), on an annual basis (or, with respect to the City, such other interval that the City may request), a complete financial statement (which may be its regular account statements and which need not be audited) covering receipts, disbursements, allocation and application of moneys in any of the funds and accounts established pursuant to this Trust Agreement for the preceding year. Section 12.15 No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder, or now or hereafter existing at law or in equity or by statute. City Council 38 33 — 51 3/16/2021 4846-535-8811v3/200434-0005 ARTICLE XIII MODIFICATION OF THIS TRUST AGREEMENT Section 13.01 Limitations. This Trust Agreement shall not be modified or amended in any respect subsequent to the first delivery of fully executed and authenticated Bonds except as provided in and in accordance with and subject to the provisions of this Article XIII. Section 13.02 Supplemental Agreements Not Requiring Consent of Bondholders. (a) The City may, from time to time and at any time, without the consent of or notice to the Bondholders, execute and deliver supplemental agreements supplementing and/or amending this Trust Agreement as follows: (i) to cure any defect, omission, inconsistency or ambiguity in this Trust Agreement; (ii) to add to the covenants and agreements of the City in this Trust Agreement other covenants and agreements, or to surrender any right or power reserved or conferred upon the City, and which shall not adversely affect the interests of the Bondholders; (iii) to confirm, as further assurance, any interest of the Trustee in and to the Funds and Accounts held by the Trustee or in and to any other moneys, securities or funds of the City provided pursuant to this Trust Agreement or to otherwise add security for the Bondholders; (iv) to comply with the requirements of the Trust Indenture Act of 1939, as from time to time amended; (v) to modify, alter, amend or supplement this Trust Agreement in any other respect which, in the judgment of the City, is not materially adverse to the Bondholders; (vi) to qualify the Bonds for a rating or ratings by any Rating Agency; and (vii) to authorize the issuance of Additional Bonds in accordance with this Trust Agreement. (b) Before the City shall, pursuant to this Section 13.02, execute any supplemental agreement there shall have been delivered to the City an opinion of Bond Counsel to the effect that such supplemental agreement (i) is authorized or permitted by this Trust Agreement and the Refunding Law, and (ii) will, upon the execution and delivery thereof, be valid and binding upon the City in accordance with its terms, subject to the typical exceptions. Section 13.03 Supplemental Agreement Requiring Consent of Bondholders. (a) Except for any supplemental agreement entered into pursuant to Section 13.02, the Holders of not less than a majority in Total Bond Obligation shall have the right from time to time to consent to and approve the execution by the City of any supplemental agreement deemed necessary or desirable by the City for the purposes of modifying, altering, amending, supplementing or rescinding, in any particular, any of the terms or provisions contained in this Trust Agreement or in a supplemental agreement; provided, however, that, unless approved in writing by City Council 39 33 — 52 3/16/2021 4846-535-8811v3/200434-0005 the Holders of all the Bonds then Outstanding, nothing contained herein shall permit or be construed as permitting (i) a change in the times, amounts or currency of payment of the principal of or interest on any Outstanding Bonds or (ii) a reduction in the principal amount or redemption price of any Outstanding Bonds or the rate of interest thereon; and provided that nothing contained herein, including the provisions of Section 13.03(b) below, shall, unless approved in writing by the Holders of all the Bonds then Outstanding, permit or be construed as permitting (1) a preference or priority of any Bond or Bonds over any other Bond or Bonds or (2) a reduction in the aggregate principal amount of Bonds the consent of the Holders of which is required for any such supplemental agreement. Nothing herein contained, however, shall be construed as making necessary the approval by Holders of the execution of any supplemental agreement as authorized in Section 13.02. (b) If at any time the City shall desire to enter into any supplemental agreement for any of the purposes of this Section 13.03, the City shall cause notice of the proposed execution of the supplemental agreement to be given by Mail to all Holders. Such notice shall briefly set forth the nature of the proposed supplemental agreement and shall state that a copy thereof is on file at the office of the City for inspection by all Holders. (c) Within two weeks after the date of the first mailing of such notice, the City may execute and deliver such supplemental agreement in substantially the form described in such notice, but only if there shall have first been delivered to the City (i) the required consents, in writing, of Holders and (ii) an opinion of Bond Counsel stating that such supplemental agreement is authorized or permitted by this Trust Agreement and other applicable law, complies with their respective terms and, upon the execution and delivery thereof, will be valid and binding upon the City in accordance with its terms. (d) If Holders of not less than the percentage of Bonds required by this Section 13.03 shall have consented to and approved the execution and delivery thereof as herein provided, no Holders shall have any right to object to the adoption of such supplemental agreement, or to object to any of the terms and provisions contained therein or the operation thereof, or in any manner to question the propriety of the execution and delivery thereof, or to enjoin or restrain the City from executing the same or from taking any action pursuant to the provisions thereof. Section 13.04 Effect of Supplemental Agreements. Upon execution and delivery of any supplemental agreement pursuant to the provisions of this Article XIII, this Trust Agreement and all supplemental agreements shall be, and shall be deemed to be, modified and amended in accordance therewith, and the respective rights, duties and obligations under this Trust Agreement and all supplemental agreements of the City, the Trustee, the Registrar, any Paying Agent and all Holders shall thereafter be determined, exercised and enforced under this Trust Agreement and all supplemental agreements, subject in all respects to such modifications and amendments. Section 13.05 Supplemental Agreements to be Part of this Trust Agreement. Any supplemental agreement adopted in accordance with the provisions of this Article XIII shall thereafter form a part of this Trust Agreement or the supplemental agreement which they supplement or amend, and all of the terms and conditions contained in any such supplemental agreement as to any provision authorized to be contained therein shall be and shall be deemed to be part of the terms and conditions of this Trust Agreement which they supplement or amend for any and all purposes. City Council 40 33 — 53 3/16/2021 4846-535-8811v3/200434-0005 ARTICLE XIV MISCELLANEOUS PROVISIONS Section 14.01 Parties in Interest. Except as herein otherwise specifically provided, nothing in this Trust Agreement expressed or implied is intended or shall be construed to confer upon any person, firm or corporation other than the City, the Paying Agent, the Trustee, and the Bondholders any right, remedy or claim under or by reason of this Trust Agreement, this Trust Agreement being intended to be for the sole and exclusive benefit of the City, the Paying Agent, the Trustee and the Bondholders. Section 14.02 Severability. In case any one or more of the provisions of this Trust Agreement, or of any Bonds issued hereunder shall, for any reason, be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Trust Agreement or of Bonds, and this Trust Agreement and any Bonds issued hereunder shall be construed and enforced as if such illegal or invalid provisions had not been contained herein or therein. Section 14.03 No Personal Liability of City Officials; Limited Liability of City to Bondholders. (a) No covenant or agreement contained in the Bonds or in this Trust Agreement shall be deemed to be the covenant or agreement of any present or future official, officer, agent or employee of the City in their individual capacity, and neither the members of the City Council of the City nor any person executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. (b) Except for the payment when due of the payments and the observance and performance of the other agreements, conditions, covenants and terms required to be performed by it contained in this Trust Agreement, the City shall not have any obligation or liability to the Bondholders with respect to this Trust Agreement or the preparation, execution, delivery, transfer, exchange or cancellation of the Bonds or the receipt, deposit or disbursement of the payments by the Trustee, or with respect to the performance by the Trustee of any obligation required to be performed by it contained in this Trust Agreement. Section 14.04 Execution of Instruments; Proof of Ownership. (a) Any request, direction, consent or other instrument in writing required or permitted by this Trust Agreement to be signed or executed by Bondholders or on their behalf by an attorney -in -fact may be in any number of concurrent instruments of similar tenor and may be signed or executed by such Bondholders in person or by an agent or attorney -in -fact appointed by an instrument in writing or as provided in the Bonds. Proof of the execution of any such instrument and of the ownership of Bonds shall be sufficient for any purpose of this Trust Agreement and shall be conclusive in favor of the Trustee with regard to any action taken by it under such instrument if made in the following manner: (i) the fact and date of the execution by any person of any such instrument may be proved by the certificate of any officer in any jurisdiction who, by the laws thereof, has power to take acknowledgments within such jurisdiction, to the effect that the person City Council 41 33 — 54 3/16/2021 4846-535-8811v3/200434-0005 signing such instrument acknowledged before him the execution thereof, or by an affidavit of a witness to such execution; and (ii) the ownership of Bonds shall be proved by the registration books kept under the provisions of Section 3.01 hereof, (b) Nothing contained in this Section 14.04 shall be construed as limiting the Trustee to such proof. The Trustee may accept any other evidence of matters herein stated which it may deem sufficient. Any request, consent of, or assignment by any Bondholder shall bind every future Bondholder of the same Bonds or any Bonds issued in lieu thereof in respect of anything done by the Trustee or the City in pursuance of such request or consent. Section 14.05 Governing Law; Venue. This Trust Agreement is made in the State under the Constitution and laws of the State and is to be so construed. If any party to this Trust Agreement initiates any legal or equitable action to enforce the terms of this Trust Agreement, to declare the rights of the parties under this Trust Agreement or which relates to this Trust Agreement in any manner, each such party agrees that the place of making and for performance of this Trust Agreement shall be the City of Santa Ana, State of California, and the proper venue for any such action is the Superior Court of the State of California, in and for the County of Orange, Central Division. Section 14.06 Notices. (a) Any notice, request, direction, designation, consent, acknowledgment, certification, appointment, waiver or other communication required or permitted by this Trust Agreement or the Bonds must be in writing except as expressly provided otherwise in this Trust Agreement or the Bonds. (b) The Trustee shall give written notice to the Rating Agencies if at any time (i) a successor Trustee is appointed under this Trust Agreement, (ii) there is any amendment to this Trust Agreement, (iii) Bonds are to be redeemed pursuant to Section 4.02, (iv) notice of any defeasance of the Bonds has been provided, or (v) if the Bonds shall no longer be Book -Entry Bonds. Notice in the case of an event referred to in clause (ii) hereof shall include a copy of any such amendment. (c) Except as otherwise required herein, all notices required or authorized to be given to the City, the Trustee and Paying Agent, and the Rating Agencies pursuant to this Trust Agreement shall be in writing and shall be sent by registered or certified mail, postage prepaid, to the following addresses: if to the City, to: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attention: City Manager Telephone: (714) 647-5400 City Council 42 33 — 55 3/16/2021 4846-535-8811v3/200434-0005 2. if to the Trustee and Paying Agent, to: U.S. Bank National Association Global Corporate Trust LM-CA-T24T 633 West 5th Street, 24th Floor Los Angeles, California 90071 Telephone: (213) 615-6062 if to S&P, to: S&P Global Ratings 55 Water Street New York, New York 10041 or to such other addresses as may from time to time be furnished to the parties, effective upon the receipt of notice thereof given as set forth above. Section 14.07 Holidays. If the date for making any payment or the last date for performance of any act or the exercising of any right, as provided in this Trust Agreement, shall not be a Business Day, such payment may, unless otherwise provided in this Trust Agreement be made or act performed or right exercised on the next succeeding Business Day with the same force and effect as if done on the nominal date provided in this Trust Agreement, and no interest shall accrue for the period from and after such nominal date. Section 14.08 Captions. The captions and table of contents in this Trust Agreement are for convenience only and do not define or limit the scope or intent of any provisions or Sections of this Trust Agreement. Section 14.09 Counterparts. This Trust Agreement may be signed in several counterparts, each of which will be an original, but all of them together constitute the same instrument. [REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK] City Council 43 33 — 56 3/16/2021 4846-535-8811v3/200434-0005 IN WITNESS WHEREOF, the parties hereto have executed this Trust Agreement by their officers thereunto duly authorized as of the date first above written. ATTEST: City Clerk CITY OF SANTA ANA Lo City Manager U.S. BANK NATIONAL ASSOCIATION, as Trustee Authorized Officer City Council S-1 33 — 57 3/16/2021 4846-535-8811v3/200434-0005 No. EXHIBIT A FORM OF BOND Unless this Bond is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC'), to the City of Santa Ana or its agent for registration of transfer, exchange, or payment, and any Bond issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. CITY OF SANTA ANA TAXABLE PENSION OBLIGATION BONDS, SERIES 2021 Neither the faith and credit nor the taxing power of the State of California or any public agency is pledged to the payment of the principal of, or interest on, this Bond. Interest Rate Dated CUSIP Maturity Per Annum Date NO. 1, % 12021 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: AND NO/100 DOLLARS THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized and validly existing under and pursuant to the Constitution and the laws of the State of California and its charter, for value received, hereby promises to pay to the registered owner named above or registered assigns, on the maturity date specified above, the principal sum specified above together with interest on such principal sum at the rates determined as herein provided on each Interest Payment Date (hereinafter defined) from the Interest Payment Date next preceding the date of authentication and delivery thereof, unless (i) such date of authentication is an Interest Payment Date in which event interest shall be payable from such date of authentication; (ii) it is authenticated after a Record Date and before the close of business on the immediately following Interest Payment Date, in which event interest thereon shall be payable from such Interest Payment Date; or (iii) it is authenticated prior to the close of business on the first Record Date, in which event interest thereon shall be payable from its Dated Date; provided, however, that if at the time of authentication of any Bond interest thereon is in default, interest thereon shall be payable from the Interest Payment Date to which interest has City Council A-1 33 — 58 3/16/2021 4846-535-8811v3/200434-0005 previously been paid or made available for payment or, if no interest has been paid or made available for payment, from its Dated Date. The principal hereof and premium, if any, hereon are payable when due upon presentation hereof at the Principal Office of U.S. Bank National Association, as trustee (together with any successor as trustee under the Trust Agreement (hereinafter defined), the "Trustee"), in lawful money of the United States of America. This Bond is one of a duly authorized issue of City of Santa Ana Taxable Pension Obligation Bonds, Series 2021 (the "Bonds") of the designation indicated on the face hereof. Said authorized issue of Bonds is limited in aggregate principal amount as provided in the Trust Agreement and consists or may consist of one or more series of varying denominations, dates, maturities, interest rates and other provisions, as provided in the Trust Agreement, all issued and to be issued pursuant to the provisions of Articles 10 and 11 (commencing with section 53570 of Chapter 3 of Division 2 of Title 5 of the California Government Code (the "Refunding Law"). This Bond is issued pursuant to the Trust Agreement dated as of 1, 2021 by and between the City of Santa Ana and the Trustee, providing for the issuance of the Bonds and setting forth the terms and authorizing the issuance of the Bonds (said Trust Agreement as amended, supplemented or otherwise modified from time to time being the "Trust Agreement"). Reference is hereby made to the Trust Agreement and to the Refunding Law for a description of the terms on which the Bonds are issued and to be issued, and the rights of the registered owners of the Bonds; and all the terms of the Trust Agreement and the Refunding Law are hereby incorporated herein and constitute a contract between the City and the registered owner from time to time of this Bond, and to all the provisions thereof the registered owner of this Bond, by its acceptance hereof, consents and agrees. All capitalized terms used herein and not otherwise defined shall have the meanings given such terms in the Trust Agreement. The City is required under the Trust Agreement to make payments on the Bonds from any source of legally available funds. The City has covenanted to make the necessary annual appropriations for such purpose. The obligation of the City to make payments on the Bonds does not constitute an obligation of the City for which the City is obligated to levy or pledge any form of taxation or for which the City has levied or pledged any form of taxation. This Bond is one of the Bonds described in the Trust Agreement. Interest on Bonds Interest shall be computed on the basis of a 360-day year consisting of twelve 30-day months. The Bonds or the principal portion thereof called for redemption will cease to bear interest after the specified redemption date, provided that notice has been given pursuant to the Trust Agreement and sufficient funds for redemption are on deposit at the place of payment on the redemption date. Redemption of Bonds Optional Redemption. The Bonds maturing on or after 1, 20 may be redeemed at the option of the City from any source of funds on any date on or after 1, 20 in whole or in part from such maturities as are selected by the City within a maturity at a redemption price equal to the principal amount to be redeemed, together with accrued interest to the date of redemption, without premium. City Council A-2 33 — 59 3/16/2021 4846-535-8811v3/200434-0005 Mandatory Sinking Fund Redemption of Bonds. The Bonds maturing 1, 20 (the "Term Bonds") are subject to mandatory sinking fund redemption at a redemption price equal to the principal amount thereof, plus accrued interest to the redemption date, without premium. The Term Bonds shall be so redeemed on the following dates and in the following amounts: Redemption Date Principal ( 1) Amount * Final maturity. [Make -Whole Redemption. The Bonds shall be subject to make -whole redemption on any date as more fully set forth in the Trust Agreement.] Certain Defined Terms "Interest Payment Date" means 1 and 1 of each year, commencing 1, 20 "Record Date" means the fifteenth day of each calendar month preceding any Interest Payment Date, regardless of whether such day is a Business Day. Other Provisions The rights and obligations of the City and of the holders and registered owners of the Bonds may be modified or amended at any time in the manner, to the extent, and upon the terms provided in the Trust Agreement, which provide, in certain circumstances, for modifications and amendments without the consent of or notice to the registered owners of the Bonds. It is hereby certified and recited that any and all acts, conditions and things required to exist, to happen and to be performed, precedent to and in the incurring of the indebtedness evidenced by this Bond, and in the issuing of this Bond, do exist, have happened and have been performed in due time, form and manner, as required by the Constitution and statutes of the State of California, and that this Bond, is within every debt and other limit prescribed by the Constitution and the statutes of the State of California, and is not in excess of the amount of Bonds permitted to be issued under the Trust Agreement or the Refunding Law. This Bond shall not be entitled to any benefit under the Trust Agreement, or become valid or obligatory for any purpose, until the certificate of authentication hereon endorsed shall have been manually signed by the Trustee. City Council A-3 33 — 60 3/16/2021 4846-535-881lv3/200434-0005 IN WITNESS WHEREOF, THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized and validly existing under and pursuant to the Constitution and the laws of the State of California and its charter, has caused this Bond to be executed in its name and on its behalf by the Mayor of the City Council, and attested by the City Clerk, and this Bond to be dated as of the Dated Date. CITY OF SANTA ANA LE ATTEST: City Clerk Mayor [FORM OF CERTIFICATE OF AUTHENTICATION AND REGISTRATION] This is one of the Bonds described in the within -mentioned Trust Agreement and authenticated the date set forth below. Dated: U.S. BANK NATIONAL ASSOCIATION, as Trustee Authorized Signatory City Council A-4 33 — 61 3/16/2021 4846-535-8811v3/200434-0005 [FORM OF LEGAL OPINION] The following is a true copy of the opinion rendered by Stradling Yocca Carlson & Rauth, a Professional Corporation, Newport Beach, California, in connection with the issuance of, and dated as of the date of the original delivery of, the Bonds. A signed copy is on file in my office. City Cleric of the City of Santa Ana City Council A-5 33 — 62 3/16/2021 4846-535-8811v3/200434-0005 [FORM OF ASSIGNMENT] For value received hereby sells, assigns and transfers unto (Tax I.D. No.: ) the within Bond and hereby irrevocably constitute and appoints attorney, to transfer the same on the books of the City at the office of the Trustee, with full power of substitution in the premises. Dated: Signature Guaranteed by: NOTE: The signature to this Assignment must correspond with the name on the face of the within Registered Bond in every particular, without alteration or enlargement or any change whatsoever. NOTE: Signature must be guaranteed by an eligible guarantor institution. City Council A-6 33 — 63 3/16/2021 4846-535-8811v3/200434-0005 EXHIBIT B FORM OF REQUISITION TO: [Trustee] City of Santa Ana Use Only Request No. DISBURSEMENT REQUEST: REGARDING $ CITY OF SANTA ANA TAXABLE PENSION OBLIGATION BONDS, SERIES 2021 You are hereby requested to pay from the Costs of Issuance Fund established by the Trust Agreement with respect to the above -referenced bonds, to the person, corporation or other entity designated below as Payee, the sum set forth below such designation, in payment of all O or a portion O of the Costs of Issuance described below. Name of Payee: Address: Amount: Method of Payment: Service Provided: The undersigned hereby certifies that: Dated: (1) s/he is an Authorized City Representative; (ii) this requisition for payment is in accordance with the terms and provisions of Section 6.01 of the Trust Agreement; (iii) each item to be paid with the requisitioned funds represents either incurred or due and payable Costs of Issuance; (iv) such Costs of Issuance have not been paid from other funds withdrawn from the Costs of Issuance Fund; and (v) to the best of the signatory's knowledge no Event of Default has occurred and is continuing under the Trust Agreement. CITY OF SANTA ANA By: Name: Title: City Council B-I 33 — 64 3/16/2021 4846-535-8811v3/200434-0005 EXHIBIT 3 Stradling Yocca Carlson & Rauth Draft of March 3, 2021 CITY OF SANTA ANA TAXABLE PENSION OBLIGATION BONDS, SERIES 2021 BOND PURCHASE AGREEMENT 52021 City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Ladies and Gentlemen: The undersigned (the "Representative"), on behalf of itself and on behalf of (collectively, the "Underwriter") offers to enter into this Bond Purchase Agreement (this "Purchase Agreement") with the City of Santa Ana, California (the "City"), which, upon the acceptance by the City, will be binding upon the City and the Underwriter. This offer is made subject to acceptance by the City by the execution of this Purchase Agreement and delivery of the same to the Underwriter prior to 11:59 P.M., California time, on the date hereof, and, if not so accepted, will be subject to withdrawal by the Underwriter upon notice delivered to the City at any time prior to the acceptance hereof by the City. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Trust Agreement (defined herein). Section 1. Purchase and Sale. Upon the terms and conditions and on the basis of the representations, warranties and agreements herein set forth, the Underwriter hereby agrees to purchase from the City, and the City hereby agrees to issue, sell and deliver to the Underwriter all (but not less than all) of the City of Santa Ana Taxable Pension Obligation Bonds, Series 2021 (the "Bonds") in the aggregate principal amount of $ . The Bonds shall be dated as of their date of delivery. Interest on the Bonds shall be payable semiannually on [July] 1 and [January] 1 in each year, commencing 1, 2021 (each an "Interest Payment Date") and will bear interest at the rates and on the dates as set forth in Exhibit A hereto. The purchase price for the Bonds shall be $ (which represents the principal amount of the Bonds in the amount of $ , less an Underwriter's discount of $ The Underwriter agrees to make a bona fide public offering of the Bonds at the initial offering yields set forth in the Official Statement (defined herein); however, the Underwriter reserves the right to make concessions to dealers and to change such initial offering yields as the Underwriter shall deem necessary in connection with the marketing of the Bonds. The Underwriter agrees that, in connection with the public offering and initial delivery of the Bonds to the purchasers thereof from the Underwriter, the Underwriter will deliver or cause to be delivered to each purchaser a copy of the final Official Statement prepared in connection with the Bonds, for the time period required under Rule 15c2-12 promulgated under the Securities Exchange Act of 1934, as amended ("Rule 15c2- 12"). Terms defined in the Preliminary Official Statement, and to be set forth in the final Official Statement are used herein as so defined. City Council 33 — 65 3/16/2021 4821-485.-6027v3/200434-0005 The City acknowledges and agrees that: (1) the purchase and sale of the Bonds pursuant to this Purchase Agreement is an arm's-length commercial transaction between the City and the Underwriter; (ii) in connection therewith and with the discussions, undertakings and procedures leading up to the consummation of such transaction, the Underwriter is and has been acting solely as a principal and is not acting as a municipal advisor (as defined in section 15B of the Securities Exchange Act of 1934, as amended), financial advisor or fiduciary; (111) the Underwriter has not assumed an advisory or fiduciary responsibility in favor of the City with respect to the offering contemplated hereby or the discussions, undertakings and procedures leading thereto (irrespective of whether the Underwriter has provided other services or is currently providing other services to the City on other matters); (iv) the only obligations the Underwriter has to the City with respect to the transaction contemplated hereby expressly are set forth in this Purchase Agreement; and (v) the City has consulted its own financial and/or municipal, legal, accounting, tax, financial and other advisors, as applicable, to the extent it has deemed appropriate. Section 2. The Bonds. The Bonds are being issued pursuant to Articles 10 and 11 (commencing with section 53570) of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code (the "Refunding Law") and the Trust Agreement, dated as of 1, 2021 (the "Trust Agreement"), between the City and U.S. Bank National Association as trustee (together with any successor as trustee under the Trust Agreement, the "Trustee"). The Bonds shall be obligations of the City payable from any lawfully available funds, shall not be limited as to payment to any special source of funds of the City and the payment thereof shall not be subject to appropriation. The Bonds do not constitute an obligation of the City for which the City is obligated to levy or pledge any form of taxation or for which the City has levied or pledged any form of taxation. The Bonds otherwise shall be as described in the Preliminary Official Statement and the Official Statement, the Refunding Law and the Legal Documents. The Underwriter's agreement to purchase the Bonds from the City is made in reliance upon the City's representations, covenants and warranties and on the terms and conditions set forth in this Purchase Agreement. The City is obligated by the Public Employees' Retirement Law, constituting Part 3 of Division 5 of Title 2 of the California Government Code (the "Retirement Law"), and the contract between the Board of Administration of the California Public Employees' Retirement System ("PERS"), established under Government Code sections 20000 through 21500 of (the "Retirement Law"), and the City Council of the City, effective July 1, 1948 (as amended, the "PERS Contract"), to make contributions to PERS to (a) fund pension benefits for its employees who are members of PERS, (b) amortize the unfunded actuarial liability with respect to such pension benefits, and (c) appropriate funds for the purposes described in (a) and (b). The City participates in two retirement plans (with tiers within such plans) under the PERS Contract. The proceeds of the Bonds will be used to: (i) refund the City's obligations to PERS evidenced by the two retirement plans in which the City participates pursuant to the PERS Contract and representing the current unfunded accrued liability (the "Unfunded Liability") with respect to certain pension benefits under the Retirement Law, and (ii) pay certain costs associated with the issuance and delivery of the Bonds. Section 3. Public Offering. The Underwriter agrees to make an initial public offering of all the Bonds at the public offering prices (or yields) set forth on Exhibit A attached hereto and incorporated herein by reference. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as it deems necessary in connection with the marketing of the Bonds, provided that the Underwriter shall not change the interest rates set forth on City Council 2 33 — 66 3/16/2021 4821-485.-6027v3/200434-0005 Exhibit A. The Bonds may be offered and sold to certain dealers at prices lower than such initial public offering prices. Section 4. The Official Statement. By its acceptance of this Purchase Agreement, the City ratifies, confirms and approves of the use and distribution by the Underwriter prior to the date hereof of the Preliminary Official Statement relating to the Bonds, dated , 2021 (including the cover page, all appendices and all information incorporated therein and any supplements or amendments thereto and as disseminated in its printed physical form or in electronic form in all respects materially consistent with such physical form, the "Preliminary Official Statement") that the City has deemed "final" as of its date, for purposes of Rule 15c2-12 except for certain omissions permitted to be omitted therefrom by Rule 15c2-12. The City hereby agrees to deliver or cause to be delivered to the Underwriter, within seven (7) business days of the date hereof, copies of the final official statement, dated the date hereof, relating to the Bonds (including all information previously permitted to have been omitted by Rule 15c2-12, the cover page, all appendices, all information incorporated therein and any amendments or supplements as have been approved by the City and the Underwriter (the "Official Statement")) in such quantity as the Underwriter shall reasonably request to comply with Rule 15c2-12(b)(4) and the rules of the Municipal Securities Rulemaking Board (the "MSRB"). To the extent required by applicable MSRB Rules, the City hereby confirms that it does not object to distribution of the Official Statement in electronic form. Section 5. Closing. At 8:00 a.m., California time, on 2021, or at such other time or date as the City and the Underwriter mutually agree upon, the City shall deliver or cause to be delivered to the Trustee, and the Trustee shall deliver or cause to be delivered through the facilities of The Depository Trust Company, New York, New York ("DTC"), the Bonds in definitive form, duly executed and authenticated. Concurrently with the delivery of the Bonds, the City shall deliver the documents hereinafter mentioned at the offices of Stradling Yocca Carlson & Rauth, Newport Beach, California ("Bond Counsel") or another place to be mutually agreed upon by the City and the Underwriter. The Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in Section 1 hereof by wire transfer in immediately available funds. This payment for and delivery of the Bonds, together with the delivery of the aforementioned documents referenced herein, is called the "Closing." The Bonds shall be registered in the name of Cede & Co., as nominee of DTC in denominations of $5,000 and any integral multiple thereof as provided in the Trust Agreement, and shall be made available to the Underwriter at least one (1) business day before the Closing for purposes of inspection and packaging. The City acknowledges that the services of DTC will be used initially by the Underwriter to permit the issuance of the Bonds in book -entry form, and agrees to cooperate fully with the Underwriter in employing such services. Section 6. Representations, Warranties and Covenants of the City. The City represents, warrants and covenants to the Underwriter as follows. (a) The City is a charter city and municipal corporation of the State of California (the "State"), duly organized and validly existing pursuant to the Constitution and laws of the State and its charter. (b) The City had full legal right, power and authority to adopt Resolution No. , adopted by a majority of the City Council on , 2021 (the "Resolution"), and the City has, and at the Closing Date will have, full legal right, power and authority (1) to execute and deliver the City Council 3 33 — 67 3/16/2021 4821-485.-60270/200434-0005 Trust Agreement, the Continuing Disclosure Certificate relating to the Bonds (the "Continuing Disclosure Certificate") and this Purchase Agreement (collectively, the "Legal Documents"), to perform its obligations under the Legal Documents, and has by official action duly authorized and approved the execution and delivery of, and the performance by the City of the obligations on its part contained in the Legal Documents, (11) to issue, sell and deliver the Bonds to the Underwriter as provided herein, and (111) to carry out, give effect to and consummate the transactions contemplated by the Legal Documents and the Resolution. (c) The City Council has duly and validly adopted the Resolution at a meeting of the City Council duly noticed and at which a quorum was present, and the Resolution has not been modified or amended and is in full force and effect, and has duly approved the execution and delivery of the Bonds and the other Legal Documents, and the performance by the City of its obligations contained therein, and the taking of any and all action as may be necessary to carry out, give effect to and consummate the transactions contemplated by each of said documents. (d) The Bonds and the other Legal Documents have been, on or before the Closing Date will be, duly executed and delivered by the City, and, on the Closing Date, the Bonds, when authenticated and delivered to the Underwriter in accordance with the Trust Agreement, and the other Legal Documents will constitute legally valid and binding obligations, enforceable against the City in accordance with their respective terms, except as such enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium, or similar laws or equitable principles relating to or limiting creditors' rights generally. (e) The City is, and at the Closing Date will be, in compliance, in all respects, with the Legal Documents. (f) To the best of its knowledge, the City is not in breach of or default under any applicable law or administrative regulation of the State or the United States of America or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the City is a party or is otherwise subject, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, in each case which breach or default has or may have a material adverse effect on the ability of the City to perform its obligations under the Legal Documents. (g) After due inquiry, except as may be required under blue sky or other securities laws of any state, there is no consent, approval, authorization or other action by any governmental or regulatory authority having jurisdiction over the City, other than the City Council, that has not been obtained is or will be required for the issuance and delivery of the Bonds or the consummation by the City of the other transactions contemplated by the Trust Agreement. (h) The adoption of the Resolution and the execution and delivery by the City of the Legal Documents and the approval by the City of the Official Statement and compliance with the provisions on the City's part contained in the Legal Documents, will not conflict with, or result in a violation or breach of, or constitute a default under, any law, administrative regulation, judgment, decree, loan agreement, indenture, trust agreement, bond, note, resolution, agreement or other instrument to which the City is a party or is otherwise subject to, which conflict, breach or default has or may have a material adverse effect on the ability of the City to carry out its obligations under the Legal Documents, nor will any such execution, delivery, adoption or compliance result in the City Council 4 33 — 68 3/16/2021 4821-485.-6027v3/200434-0005 creation or imposition of any material lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the properties or assets of City under the terms of any such law, administrative regulation, judgment, decree, loan agreement, indenture, trust agreement, bond, note, resolution, agreement or other instrument, except as provided by the Legal Documents. (1) Prior to the date hereof, the City has provided to the Underwriter for its review the Preliminary Official Statement, that the City has deemed final for purposes of Rule 15c2-12, has approved the distribution of the Preliminary Official Statement and the Official Statement, and has duly authorized the execution and delivery of the Official Statement (including in electronic form). The Preliminary Official Statement, at the date thereof, and as of the date hereof, did not and does not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein (other than the information relating to DTC and its book -entry system, as to which no view is expressed), in light of the circumstances under which they were made, not misleading. As of the date hereof and on the Closing, the Official Statement did not and will not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein (other than the information relating to DTC and its book -entry system, as to which no view is expressed), in light of the circumstances under which they were made, not misleading. 0) By official action of the City prior to or concurrently with the acceptance hereof, the City has duly approved the distribution of the Preliminary Official Statement and the distribution of the Official Statement (including in electronic form), and has duly authorized and approved the execution and delivery of, and the performance by the City of the obligations on its part contained, in the Legal Documents. (k) The City will advise the Underwriter promptly of any proposal to amend or supplement the Official Statement and will not effect or consent to any such amendment or supplement without the consent of the Underwriter, which consent will not be unreasonably withheld. The City will advise the Underwriter promptly of the institution of any proceedings known to it by any governmental authority prohibiting or otherwise affecting the use of the Official Statement in connection with the offering, sale or distribution of the Bonds. (1) The financial statements relating to the receipts, expenditures and cash balances of the City as of June 30, 2020 as set forth in the Preliminary Official Statement and in the Official Statement fairly represent the financial position and results of operations of the City as of the dates and for the periods therein set forth in accordance with generally accepted accounting principles. Except as disclosed in the Preliminary Official Statement, the Official Statement or otherwise disclosed in writing to the Underwriter, there has not been any materially adverse change in the financial position and results of operations of the City or in its operations since June 30, 2020 and, except as disclosed in the Preliminary Official Statement, the Official Statement or otherwise disclosed in writing to the Underwriter, there has been no occurrence, circumstance or combination thereof which is reasonably expected to result in any such materially adverse change. (m) As of the time of acceptance hereof and as of the date of Closing, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body, is pending or, to the knowledge of the City, threatened (i) in any way questioning the corporate existence of the City or the titles of the officers of the City to their respective offices; (ii) affecting, contesting or seeking to prohibit, restrain or enjoin the execution or delivery of any of the Bonds, or in any way contesting or affecting the validity of the Bonds or the City Council 5 33 — 69 3/16/2021 4821-485.-6027v3/200434-0005 Legal Documents or the consummation of the transactions contemplated thereby or contesting the power of the City to enter into the Legal Documents; (iii) which may result in any material adverse change to the financial condition of the City or to its ability to make payment of principal or redemption price of and interest on the Bonds when due; or (iv) contesting the completeness or accuracy of the Preliminary Official Statement or the Official Statement or any supplement or amendment thereto or asserting that the Preliminary Official Statement or the Official Statement contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and there is no basis for any action, suit, proceeding, inquiry or investigation of the nature described in clause (i) through (iv) of this sentence. (n) To the extent required by law, the City will undertake, pursuant to the Continuing Disclosure Certificate, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth in the Official Statement. Except as otherwise disclosed in the Preliminary Official Statement, the City has not failed to comply in all material respects with any previous undertakings with regard to Rule 15c2-12 to provide annual reports or notices of enumerated events in the past five years and, the City has been in material compliance during the past five years with its continuing disclosure obligations in accordance with Rule 15c2-12. (o) Any certificate signed by any officer of the City authorized to execute such certificate in connection with the issuance, sale and delivery of the Bonds and delivered to the Underwriter shall be deemed a representation and warranty of the City to the Underwriter as to the statements made therein but not of the person signing such certificate. (p) The City will promptly apply the proceeds of the Bonds to refund the Unfunded Liability as of the date of issuance of the Bonds and to pay costs associated with the issuance and delivery of the Bonds. (q) During the period from the date hereof until the Closing Date, the City agrees to furnish the Underwriter with copies of any documents it files with any regulatory authority which are reasonably requested by the Underwriter. (r) The City is not in material default, nor has the City been in material default at any time, as to the payment of principal or interest with respect to a material obligation issued by the City or with respect to a material obligation guaranteed by the City as guarantor. (s) As of the date hereof, the City does not have any revenue bonds, capital lease obligations, installment payment obligations or other material financial obligation, nor other material obligations secured by payments from the general fund of the City, except as disclosed in the Preliminary Official Statement and the Official Statement. (t) The default judgment dated , 2021 entered in favor of the City in connection with City of Santa Ana v. All Persons Interested, etc. was duly entered, the appeal period has run without any appeal having been filed, and the default judgment is in full force and effect. (u) The City had, prior to the adoption of the Resolution, and has, in full force and effect, a Debt Management Policy that complies with Government Code section 8855(i). City Council 6 33 — 70 3/16/2021 4821-485.-6027v3/200434-0005 Section 7. Conditions to the Obligations of the Underwriter. The Underwriter has entered into this Purchase Agreement in reliance upon the representations and warranties of the City contained herein. The obligations of the Underwriter to accept delivery of and pay for the Bonds on the date of the Closing shall be subject, at the option of the Underwriter, to the accuracy in all respects of the statements of the officers and other officials of the City, as well as authorized representatives of the City Attorney, Bond Counsel, Disclosure Counsel and the Trustee made in any certificates or other documents furnished pursuant to the provisions hereof, to the performance by the City of its obligations to be performed hereunder at or prior to the date of the Closing, and to the following additional conditions: (a) The representations, warranties and covenants of the City contained herein shall be true, complete and correct at the date hereof and at the time of the Closing, as if made on the date of the Closing; (b) At the time of Closing, the Legal Documents shall be in full force and effect as valid and binding agreements between or among the various parties thereto, and the Legal Documents and the Preliminary Official Statement and the Official Statement shall not have been amended, modified or supplemented except as may have been agreed to in writing by the Underwriter, and all such reasonable actions as, in the opinion of Bond Counsel, shall reasonably deem necessary in connection with the transactions contemplated hereby; (c) At the time of the Closing, no default shall have occurred or be existing under the Legal Documents, or any other agreement or document pursuant to which any of the City's financial obligations were executed and delivered, and the City shall not be in default in the payment of principal or interest with respect to any of its financial obligations, which default would result in any material adverse change to the financial condition of the City or adversely impact its ability to make payment of principal or redemption price of and interest on the Bonds when due; (d) In recognition of the desire of the City and the Underwriter to effect a successful public offering of the Bonds, and in view of the potential adverse impact of any of the following events on such a public offering, this Purchase Agreement shall be subject to termination in the absolute discretion of the Underwriter by notification, in writing, to the City prior to delivery of and payment for the Bonds, if at any time prior to such time, regardless of whether any of the following statements of fact were in existence or known of on the date of this Purchase Agreement: (i) there shall have occurred any outbreak or escalation of hostilities, declaration by the United States of America of a national emergency or war or other calamity or crisis the effect of which on financial markets is materially adverse such as to make it, in the sole judgment of the Underwriter, impractical to proceed with the purchase or delivery of the Bonds as contemplated by the Official Statement (exclusive of any amendment or supplement thereto); or (ii) a general banking moratorium shall have been declared by federal, State or New York authorities, or the general suspension of trading on any national securities exchange; or (iii) any event shall occur which makes untrue any statement or results in an omission to state a material fact necessary to make the statements in the Preliminary Official Statement and the Official Statement, in the light of the circumstances under which they were made, not misleading, which event, in the reasonable opinion of the Underwriter would materially or adversely affect the ability of the Underwriter to market the Bonds; or City Council 7 33 — 71 3/16/2021 4821-485.-60270/200434-0005 (iv) any legislation, ordinance, rule or regulation shall be introduced in, or be enacted by any governmental body, department or agency of the State, or a decision by any court of competent jurisdiction within the State shall be rendered which materially adversely affects the market price of the Bonds; or (v) the marketability of the Bonds or the market price thereof, in the reasonable opinion of the Underwriter, has been materially adversely affected by an amendment to the Constitution of the United States of America or by any legislation in or by the Congress of the United States of America or by the State, or the amendment of legislation pending as of the date of this Purchase Agreement in the Congress of the United States of America, or the recommendation to Congress or endorsement for passage (by press release, other form of notice or otherwise) of legislation by the President of the United States of America, the Treasury Department of the United States of America, the Internal Revenue Service or the Chairman or ranking minority member of the Committee on Finance of the United States Senate or the Committee on Ways and Means of the United States House of Representatives, or the proposal for consideration of legislation by either such Committee or by any member thereof, or the presentment of legislation for consideration as an option by either such Committee, or by the staff of the Joint Committee on Taxation of the Congress of the United States of America, or the favorable reporting for passage of legislation to either House of the Congress of the United States of America by a Committee of such House to which such legislation has been referred for consideration; or (vi) an order, decree or injunction shall have been issued by any court of competent jurisdiction, or order, ruling, regulation (final, temporary or proposed), official statement or other form of notice or communication issued or made by or on behalf of the Securities and Exchange Commission, or any other governmental agency having jurisdiction of the subject matter, to the effect that: (i) obligations of the general character of the Bonds, or the Bonds, including any or all underlying arrangements, are not exempt from registration under the Securities Act of 1933, as amended, or that the Trust Agreement is not exempt from qualification under the Trust Indenture Act of 1939; or (ii) the issuance, offering or sale of obligations of the general character of the Bonds, or the issuance, offering or sale of the Bonds, including any or all underlying obligations, as contemplated hereby or by the Preliminary Official Statement and the Official Statement, is or would be in violation of the federal securities laws as amended and then in effect; or (vii) legislation shall be introduced, by amendment or otherwise, or be enacted by the House of Representatives or the Senate of the Congress of the United States of America, or a decision by a court of the United States of America shall be rendered, or a stop order, ruling, regulation or official statement by or on behalf of the Securities and Exchange Commission or other governmental agency having jurisdiction of the subject matter shall be made or proposed, to the effect that the issuance, offering or sale of obligations of the general character of the Bonds, as contemplated hereby or by the Preliminary Official Statement and the Official Statement, is or would be in violation of any provision of the Securities Act of 1933, as amended and as then in effect, or the Securities Exchange Act of 1934, as amended and as then in effect, or the Trust Indenture Act of 1939, as amended and as then in effect, or with the purpose or effect of otherwise prohibiting the issuance, offering or sale of the Bonds or obligations of the general character of the Bonds, as contemplated hereby or by the Preliminary Official Statement and the Official Statement; or (viii) additional material restrictions not in force as of the date hereof shall have been imposed upon trading in securities generally by any governmental authority or by any national City Council 8 33 — 72 3/16/2021 4821-485.-6027v3/200434-0005 securities exchange, which, in the Underwriter's reasonable opinion, materially adversely affects the marketability or market price of the Bonds; or (ix) the New York Stock Exchange, or other national securities exchange or association or any governmental authority, shall impose as to the Bonds, or obligations of the general character of the Bonds, any material restrictions not now in force, or increase materially those now in force, with respect to the extension of credit by or the charge to the net capital requirements of broker dealers; or (x) trading in securities on the New York Stock Exchange or the American Stock Exchange shall have been suspended or limited or minimum prices have been established on either such exchange which, in the Underwriter's reasonable opinion, materially adversely affects the marketability or market price of the Bonds; or (xi) any rating of the Bonds or the rating of any general fund obligations of the City shall have been downgraded or withdrawn by a national rating service, which, in the reasonable opinion of the Underwriter, materially adversely affects the market price of the Bonds; or (xii) any action shall have been taken by any government in respect of its monetary affairs which, in the reasonable opinion of the Underwriter, has a material adverse effect on the United States securities market, rendering the marketing and sale of the Bonds, or enforcement of sale contracts with respect thereto impracticable; or (xiii) the commencement of any action, suit or proceeding described in Section 6(m). (e) At or prior to the Closing, the Underwriter shall receive or have received the following documents, in each case to the reasonable satisfaction, in form and substance, of the Underwriter and , California ("Underwriter's Counsel"): (i) a copy of the default judgment, dated , 2021, entered in favor of the City in connection with City of Santa Ana v. All Persons Interested, etc., Case No filed in the Superior Court of California, County of Orange; (ii) all resolutions relating to the Bonds adopted by the City and certified by an authorized official of the City, authorizing the execution and delivery of the Legal Documents and the delivery of the Bonds and the Official Statement; (iii) the Legal Documents duly executed and delivered by the respective parties thereto, with only such amendments, modifications or supplements as may have been agreed to in writing by the Underwriter; and (iv) the approving opinion of Bond Counsel, dated the date of Closing and addressed to the City, in substantially the form attached as Appendix [B] to the Preliminary the Official Statement and the Official Statement, together with a reliance letter thereon addressed to the Underwriter; (v) a supplemental opinion of Bond Counsel dated the date of Closing and addressed to the Underwriter, to the effect that: City Council 9 33 — 73 3/16/2021 4821-485.-6027v3/200434-0005 (A) the statements on the cover of the Official Statement and in the Official Statement under the captions ["INTRODUCTION," "THE BONDS," "SECURITY AND SOURCE OF PAYMENT FOR THE BONDS," "VALIDATION," and "TAX MATTERS," and in APPENDIX C "SUMMARY OF CERTAIN PROVISIONS OF THE TRUST AGREEMENT," APPENDIX D "PROPOSED FORM OF BOND COUNSEL OPINION" and APPENDIX E "FORM OF CONTINUING DISCLOSURE CERTIFICATE,"] and excluding any material that may be treated as included under such captions and appendices by any cross-reference, insofar as such statements expressly summarize provisions of the Bonds, the Trust Agreement, and Bond Counsel's final opinion relating to the Bonds, are accurate in all material respects as of the date of Closing; (B) this Purchase Agreement has been duly authorized, executed and delivered by the City and is the valid, legal and binding agreement of the City enforceable in accordance with its terms, except that the rights and obligations under the Purchase Agreement are subject to bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws affecting creditors' rights, to the application of equitable principles if equitable remedies are sought, to the exercise of judicial discretion in appropriate cases and to limitations on legal remedies against public agencies in the State, and provided that no opinion is expressed with respect to any indemnification or contribution provisions contained therein; and (C) the Bonds are not subject to the registration requirements of the Securities Act of 1933, as amended, and the Trust Agreement is exempt from qualification under the Trust Indenture Act of 1939, as amended; (vi) the Official Statement, executed on behalf of the City; (vii) evidence that the rating on the Bonds is as described in the Official Statement; (viii) a certificate, dated the date of Closing, signed by a duly authorized officer of the City satisfactory in form and substance to the Underwriter to the effect that: (i) the representations, warranties and covenants of the City contained in this Purchase Agreement are true and correct in all material respects on and as of the date of Closing with the same effect as if made on the date of the Closing by the City, and the City has complied with all of the terms and conditions of the Purchase Agreement required to be complied with by the City at or prior to the date of Closing; (11) to the best of such officer's knowledge, no event affecting the City has occurred since the date of the Official Statement which should be disclosed in the Official Statement for the purposes for which it is to be used or which is necessary to disclose therein in order to make the statements and information therein not misleading in any material respect; (iii) the information and statements contained in the Official Statement (other than information relating to DTC and its book entry system) did not as of its date and do not as of the Closing contain an untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading in any material respect; (iv) the City is not in breach of or default under any applicable law or administrative regulation of the State or the United States of America or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the City is a party or is otherwise subject, which would have a material adverse impact on the City's ability to perform its obligations under the Legal Documents, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute such a default or an event of default under any City Council 10 33 — 74 3/16/2021 4821-485.-6027v3/200434-0005 such instrument; and (v) no further consent is required for inclusion of its audited financial statements in the Preliminary Official Statement and the Official Statement; (ix) an opinion dated the date of Closing and addressed to the Underwriter, the Trustee and the Bond Counsel, of the City Attorney of the City of Santa Ana, substantially in the form attached as Exhibit B hereto; (x) a letter of Stradling Yocca Carlson & Rauth, Newport Beach, California, Disclosure Counsel to the City dated the date of Closing and addressed to the Underwriter substantially to the effect that, on the basis of the information made available to them in the course of their participation in the preparation of the Official Statement as disclosure counsel, but without having undertaken to determine or verify independently, or assuming any responsibility for, the accuracy, completeness or fairness of any of the statements contained in the Official Statement, no facts have come to the attention of the personnel in such firm directly involved in rendering legal advice and assistance to the City in connection with the preparation of the Official Statement which caused them to believe that (A) the Preliminary Official Statement as of its date or as of , 2021 (excluding therefrom financial, demographic and statistical data; forecasts, projections, estimates, assumptions and expressions of opinions; statements relating to DTC, Cede & Co. and the operation of the book -entry system; statements relating to the treatment of the Bonds or the interest, discount or premium, if any, thereon or therefrom for tax purposes under the law of any jurisdiction; and the statements contained in the Preliminary Official Statement under the captions ["TAX MATTERS,"] and in [Appendix A and Appendices C through F] to the Preliminary Official Statement; as to all of which they express no view) contained any untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading, except for such information as is permitted to be excluded from the Preliminary Official Statement pursuant to Rule 15c2-12 of the Securities Exchange Act of 1934, as amended, including but not limited to information as to pricing, yields, interest rates, maturities, amortization, redemption provisions, debt service requirements, Underwriter's discount and CUSIP numbers or (B) the Official Statement as of its date or as of the Closing Date (excluding therefrom financial, demographic and statistical data; forecasts, projections, estimates, assumptions and expressions of opinions; statements relating to DTC, Cede & Co. and the operation of the book -entry system, statements relating to the treatment of the Bonds or the interest, discount or premium, if any, thereon or therefrom for tax purposes under the law of any jurisdiction; and the statements contained in the Official Statement under the captions ["TAX MATTERS,"] and in [Appendix A and Appendices C through F] to the Official Statement; as to all of which they express no view) contained any untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading; (xi) an opinion of counsel to the Trustee, addressed to the Underwriter and the City, dated the date of the Closing, to the effect that: (A) the Trustee is a national banking association duly organized and validly existing under the laws of the United States of America, having full corporate power to undertake the trust created under the Trust Agreement; (B) the Trust Agreement has been duly authorized, executed and delivered by the Trustee and, assuming due authorization, execution and delivery by the other parties thereto, the Trust Agreement constitutes the valid, legal and binding obligations of the Trustee City Council 11 33 — 75 3/16/2021 4821-485.-6027v3/200434-0005 enforceable in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting the enforcement of creditors' rights generally and by the application of equitable principles, if equitable remedies are sought; (C) the Trustee has duly authenticated the Bonds upon the order of City; (D) the Trustee's actions in executing and delivering the Trust Agreement are in full compliance with, and do not conflict with any applicable law or governmental regulation and, to the best of such counsel's knowledge, after reasonable inquiry with respect thereto, do not conflict with or violate any contract to which the Trustee is a party or any administrative or judicial decision by which the Trustee is bound; (E) no consent, approval, authorization or other action by any governmental or regulatory authority having jurisdiction over the banking or trust powers of the Trustee that has not been obtained is or will be required for the execution and delivery of the Bonds or the consummation by the Trustee of its obligations under the Trust Agreement; and (F) there is no action, suit, proceeding, inquiry or investigation at law or in equity before or by any court or public body pending or, to the best of such counsel's knowledge, threatened against or affecting the Trustee, which would materially adversely impact the Trustee's ability to complete the transactions contemplated by the Trust Agreement. (xii) a certificate, dated the date of Closing, signed by a duly authorized officer of the Trustee satisfactory in form and substance to the Underwriter, to the effect that: (A) the Trustee is duly organized and existing as a national banking association under the laws of the United States of America, having the full corporate power and authority to enter into and perform its duties under the Trust Agreement; (B) the Trustee is duly authorized to enter into the Trust Agreement and has duly executed and delivered the Trust Agreement, and assuming due authorization and execution by the other parties thereto, the Trust Agreement is legal, valid and binding upon the Trustee and enforceable against such party in accordance with its terms; (C) the Trustee has duly authenticated the Bonds under the Trust Agreement and delivered the Bonds to or upon the order of the Underwriter; (D) no consent, approval, authorization or other action by any governmental or regulatory authority having jurisdiction over the banking or trust powers of the Trustee that has not been obtained is required for the execution and delivery of the Bonds or the consummation by the Trustee of its obligations under the Trust Agreement; and (E) there is no action, suit, proceeding, inquiry or investigation at law or in equity before or by any court or public body pending or, to the best of such counsel's knowledge, threatened against or affecting the Trustee, which would materially adversely impact the Trustee's ability to complete the transactions contemplated by the Trust Agreement. (xiii) the preliminary and final forms required to be delivered to the California Debt and Investment Advisory Commission pursuant to section 53583 of the Government Code of the State of California and section 8855(i) and 0) of the Government Code; City Council 12 33 — 76 3/16/2021 4821-485.-6027v3/200434-0005 (xiv) a copy of the executed Blanket Issuer Letter of Representations by and between the City and DTC relating to the book -entry system; (xv) an opinion of California, as Underwriter's Counsel, in form and substance acceptable to the Underwriter, substantially to the effect that: (A) the Bonds are exempt from registration pursuant to the Securities Act of 1933, as amended, and the Trust Agreement is exempt from qualification pursuant to the Trust Indenture Act of 1939, as amended; (B) based upon an examination which they have made, and without having undertaken to determine independently or assuming any responsibility for the accuracy or completeness or fairness of the statements, and based on its participation in the conferences (which did not extend beyond the date of the Official Statement), and in reliance thereon, on oral and written statements and representations of the City and others and on the records, documents, certificates, opinions and matters therein mentioned, such counsel advises the Underwriter as a matter of fact and not opinion that, during the course of such counsel's representation of the Underwriter on this matter, (a) as of the date of the Preliminary Official Statement and as of , 2021, no facts had come to the attention of the attorneys in such counsel's firm rendering legal services to the Underwriter in connection with the Preliminary Official Statement which caused it to believe that the Preliminary Official Statement contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and (b) as of the date of the Official Statement and as of the Closing Date, no facts had come to the attention of the attorneys in such counsel's firm rendering legal service to the Underwriter in connection with the Official Statement which caused it to believe as of the date of the Official Statement and as of the Closing Date that the Official Statement contained or contains any untrue statement of a material fact or omitted or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that, such counsel expressly excludes from the scope of this paragraph and expresses no view or opinion about (i) with respect to the Preliminary Official Statement, any difference in information contained therein compared to what is contained in the Official Statement, whether or not related to pricing or sale of the Bonds, and whether any such difference is material and should have been included in the Preliminary Official Statement, and (ii) with respect to both the Preliminary Official Statement and the Official Statement, any CUSIP numbers, financial, accounting, statistical or economic, engineering or demographic data or forecasts, numbers, charts, tables, graphs, estimates, projections, assumptions or expressions of opinion, management discussion and analysis, environmental matters, environmental litigation, any statements about compliance with prior continuing disclosure undertakings, information relating to DTC and its book -entry system, [Appendix A and Appendices C through F] thereto, and information relating to ratings, rating agencies, tax exemption, included or referred to therein or omitted therefrom, which such counsel expressly excludes from the scope of this paragraph and as to which such counsel expresses no opinion or view, and no responsibility is undertaken or view expressed with respect to any other disclosure document, materials or activity, or as to any information from another document or source referred to by or incorporated by reference in the Preliminary Official Statement or the Official Statement; and (C) the Continuing Disclosure Certificate, together with Section 5(o) of this Purchase Agreement, satisfies the requirements contained in Rule 15c2-12 for an undertaking for the benefit of the holders of the Bonds to provide the information at the times and in the manner City Council 13 33 — 77 3/16/2021 4821-485.-6027v3/200434-0005 required by Rule 15c2-12; provided that, for purposes of such opinion, Underwriter's Counsel will not be expressing any view regarding the content of the Official Statement that is not expressly stated in numbered clause (ii) above; (xvi) a Rule 15c2-12 certificate, dated the date of the Preliminary Official Statement and executed by the City; (xvii) a certificate of the PERS actuary setting forth the amount of the discounted prepayment of the annual contribution of the City to the System for Fiscal Year 2021-22 together with acknowledgment of payment of the Unfunded Liability; (xviii) such additional legal opinions, Bonds, proceedings, instruments or other documents as the Underwriter or Underwriter's Counsel may reasonably request. If the City shall be unable to satisfy the conditions to the obligations of the Underwriter to purchase, accept delivery of and pay for the Bonds contained in this Purchase Agreement, this Purchase Agreement shall terminate, and except as set forth in Section 9 hereof, neither the Underwriter nor the City shall be under further obligation hereunder. Section 8. Changes in Official Statement. Within 90 days after the Closing or within 25 days following the "end of the underwriting period" (as defined in Rule 15c2-12), whichever occurs first, if any event relating to or affecting the Bonds, the Trustee, or the City shall occur as a result of which it is necessary, in the reasonable opinion of the Underwriter, to amend or supplement the Official Statement in order to make the Official Statement not misleading in any material respect in the light of the circumstances existing at the time it is delivered to a purchaser, the City will forthwith prepare and furnish to the Underwriter an amendment or supplement that will amend or supplement the Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at the time the Official Statement is delivered to purchaser, not misleading. The City shall cooperate with the Underwriter in the filing by the Underwriter of such amendment or supplement to the Official Statement with the MSRB. The Underwriter acknowledges that the "end of the underwriting period" will be the date of Closing unless the Underwriter otherwise notifies the City in writing that it still owns some or all of the Bonds. Section 9. Expenses. (a) Whether or not the Underwriter accepts delivery of and pays for the Bonds as set forth herein, it shall be under no obligation to pay, and the City shall pay out of the proceeds of the Bonds or any other legally available funds of the City, all expenses incidental to the performance of the City's obligations hereunder, including but not limited to the cost of printing and delivering the Legal Documents to the Underwriter, the costs of printing and shipping and electronic distribution of the Preliminary Official Statement and the Official Statement in reasonable quantities, the fees and disbursements of the City, the Trustee and its counsel, Bond Counsel, Disclosure Counsel, City Attorney, the City's actuary, accountants, engineers, appraisers, economic consultants and any other experts or consultants retained by the City in connection with the issuance and sale of the Bonds, rating agency fees, advertising expenses, and any other expenses not specifically enumerated in paragraph (b) of this section incurred in connection with the issuance and sale of the Bonds. The City shall pay out of the proceeds of the Bonds, for any expenses incurred by the Underwriter on behalf of the City's employees and representatives which are incidental to implementing this City Council 14 33 — 78 3/16/2021 4821-485.-6027v3/200434-0005 Purchase Agreement, including meals, transportation, and lodging of those employees and representatives. (b) Whether or not the Bonds are delivered to the Underwriter as set forth herein, the City shall be under no obligation to pay, and the Underwriter shall be responsible for and pay (which may be included as an expense component of the Underwriter's discount), MSRB, CUSIP Bureau and CDIAC fees and expenses to qualify the Bonds for sale under any "blue sky" laws, and all other expenses incurred by the Underwriter in connection with its public offering and distribution of the Bonds not specifically enumerated in paragraph (a) of this section, including the cost of preparing this Purchase Agreement and other Underwriter documents, travel expenses and the fees and disbursements of Underwriter's Counsel. Section 10. Notices. Any notice or other communication to be given to the Underwriter under this Purchase Agreement may be given by delivering the same in writing to , California , Attention: Any notice or communication to be given to the City under this Purchase Agreement may be given by delivering the same in writing to the City of Santa Ana, at the address first set forth above, Attention: City Manager. All notices or communications hereunder by any party shall be given and served upon each other party. Section 11. Parties in Interest. This Purchase Agreement is made solely for the benefit of the City and the Underwriter (including the successors or assigns thereof) and no other person shall acquire or have any right hereunder or by virtue hereof All representations, warranties and agreements of the City in this Purchase Agreement shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter and shall survive the delivery of and payment for the Bonds. Section 12. Counterparts. This Purchase Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. City Council 15 33 — 79 3/16/2021 4821-485.-6027v3/200434-0005 Section 13. Governing Law. This Purchase Agreement shall be governed by and construed in accordance with the laws of the State. By: Authorized Officer Accepted: CITY OF SANTA ANA By: City Manager Time of Execution: City Council S-1 33 — 80 3/16/2021 4821-485.-6027v3/200434-0005 EXHIBIT A MATURITY SCHEDULE Maturity Date ([July] I) Principal Amount Interest Rate Yield % Term Bond due [July] 1, 20; Yield %; Price 100.000% % Term Bond due [July] 1, 20; Yield %; Price 100.000% City Council A-1 33 — 81 3/16/2021 4821-485.-6027v3/200434-0005 EXHIBIT B FORM OF CITY ATTORNEY OPINION , 2021 City of Santa Ana Santa Ana, California 20 Civic Center Plaza Santa Ana, California 92701 City of Santa Ana City of Santa Ana Taxable Pension Obligation Bonds, Series 2021 Ladies and Gentlemen: I am the duly appointed City Attorney for the City of Santa Ana (the "City") and I have represented the City in connection with the issuance and sale by the City of $ aggregate principal amount of its City of Santa Ana Taxable Pension Obligation Bonds, Series 2021 (the "Bonds"). I have examined and relied upon originals (or copies certified or otherwise identified to our satisfaction) of such documents, records and other instruments as I deem necessary or appropriate for the purposes of this opinion, including, without limitation: (1) those documents relating to the existence, organization and operation of the City; (11) Resolution No. , adopted by a majority of the City Council of the City (the "City Council") on , 2021 (the "Resolution"); (iii) all necessary documentation of the City relating to the authorization, execution and delivery of the Trust Agreement, dated as of 1, 2021 (the "Trust Agreement"), between the City and U.S. Bank National Association, as trustee; (iv) the default judgment dated , 2021, entered in favor of the City in connection with City, of Santa Ana v. All Persons Interested, etc., Case No. filed in the Superior Court of California, County of Orange; (v) the Purchase Agreement, dated , 2021 (the "Purchase Agreement"), executed by (the "Representative"), and accepted by the City; (vi) the Preliminary Official Statement, dated , 2021 (the "Preliminary Official Statement"), relating to the Bonds; (vii) the Official Statement, dated , 2021 (the "Official Statement"), relating to the Bonds; (viii) the Continuing Disclosure Certificate, dated , 2021 (the "Continuing Disclosure Certificate"), of the City appointing [Urban Futures, Inc.], as dissemination agent; and (ix) such other records, documents, certificates, opinions, and other matters as are in our judgment necessary or appropriate to enable us to render the opinions expressed herein. All capitalized terms used herein and not otherwise defined shall have the meaning given to such terms as set forth in the Trust Agreement. Based on the foregoing, and with regard to State of California (the "State") law and United States federal law, I am of the opinion that: (a) The City is a charter city and municipal corporation of the State, duly organized and validly existing pursuant to the Constitution and laws of the State and its charter. City Council B-1 33 — 82 3/16/2021 4821-485.-6027v3/200434-0005 (b) The resolution of the City approving and authorizing the execution and delivery of the Bonds, the Trust Agreement, the Purchase Agreement, and the Continuing Disclosure Certificate (collectively, the "Legal Documents") and approving and authorizing the issuance of the Bonds and the delivery of the Official Statement and other actions of the City was duly adopted at a meeting of the governing body of the City which was called and held pursuant to law and with all public notice required by law and at which a quorum was present and acting throughout, and the resolution is now in full force and effect and has not been amended or superseded in any way. (c) Except as disclosed in the Preliminary Official Statement and in the Official Statement, there is no action, suit or proceeding pending and served on the City, or to the best of my knowledge, threatened against the City to (i) restrain or enjoin the execution or delivery of the Legal Documents (ii) in any way contesting or affecting the validity of the Legal Documents, the Resolution or the authority of the City to enter into the Legal Documents, or (iii) in any way contesting or affecting the powers of the City in connection with any action contemplated by the Official Statement, the Resolution or the Legal Documents. (d) The execution and delivery of the Legal Documents and compliance with the provisions thereof, do not and will not in any material respect conflict with or constitute on the part of the City a breach of or default under any agreement or other instrument to which the City is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the City is subject, which breach or default has or may have a material adverse effect on the ability of the City to perform its obligations under the Legal Documents. (e) No authorization, approval, consent, or other order of the State or any other governmental body within the State is required for the valid authorization, execution and delivery of the Legal Documents or the consummation by the City of the transactions on its part contemplated therein, except such as have been obtained and except such as may be required under state securities or blue sky laws in connection with the purchase and distribution of the Bonds by the Underwriter, as to which I express no opinion. Very truly yours, C City Council 33 — 83 3/16/2021 4821-485.-6027v3/200434-0005 EXHIBIT 4 EXHIBIT A GOOD FAITH ESTIMATES The good faith estimates set forth herein are provided with respect to the Bonds in accordance with California Government Code Section 5852.1. Such good faith estimates have been provided to the City by Urban Futures, Inc. (the City's "Municipal Advisor"). Principal Amount. The Municipal Advisor has informed the City that, based on the City's financing plan and current market conditions, it's good faith estimate of the aggregate principal amount of the City Bonds to be sold is $671,715,000 (the "Estimated Principal Amount"), which excludes approximately $ 0 net premium estimated to be generated based on current market conditions. True Interest Cost of the City Bonds. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the City Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the true interest cost of the City Bonds, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the City Bonds, is 3.42%. Finance Charge of the City Bonds. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the City Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the finance charge for the City Bonds, which means the sum of all fees and charges paid to third parties (or costs associated with the City Bonds), is $2 million. Amount of Proceeds to he Received. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the City is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the amount of proceeds expected to be received by the City for sale of the City Bonds, less the finance charge of the City Bonds, as estimated above, and any reserves or capitalized interest paid or funded with proceeds of the City Bonds, is $669,702,346.. Total Payment Amount. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the City Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the total payment amount, which means the sum total of all payments the City will make to pay debt service on the City Bonds, plus the finance charge for the City Bonds, as described above, not paid with the proceeds of the City Bonds, calculated to the final maturity of the City Bonds, is $908,497,650. City Council 33 — 84 3/16/2021