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HomeMy WebLinkAboutAgenda Packet_2023-11-21City Council Meeting Packet November 21, 2023 CLOSED SESSION MEETING - 5:00 PM REGULAR OPEN MEETING - 5:30 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Valerie Amezcua Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Mayor Pro Tem - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 Benjamin Vazquez Councilmember - Ward 2 Phil Bacerra Councilmember - Ward 4 David Penaloza Councilmember - Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Steven A. Mendoza Jennifer L. Hall City Attorney Acting City Manager City Clerk In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, Bacontact 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/agendas-and-minutes. City Council 1 11/21/2023 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 11/21/2023 Members of the public may attend the City Council meeting in -person or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the City Clerk, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment(2santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • LIVE VIRTUAL OPTION — As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https:Hus02web.zoom.us/m/315965149. To join the Conference Call: Dial (669) 900- 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may 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, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 5:00 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS — You can provide live City Council 3 11/21/2023 comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 5:00 p.m. Speakers who are not in the speaker queue with their hand raised by 5:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) — You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES - Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish -to -English) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretacion all espanol en las juntas del Concilio. La interpretacion simultanea al espanol se ofrece por medio del use de audifonos y la interpretacion consecutiva (espanol a ingles) tambien esta disponible para cualquiera que desee dirigirse all concilio municipal en el podio. 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 ). City Council 4 11/21/2023 CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor Acting City Manager City Attorney City Clerk ROLL CALL Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Steven A. Mendoza Sonia R. Carvalho Jennifer L. Hall ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. 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 LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employee Organization: • Service Employees' International Union (SEIU) Part -Time Civil Service Employees 2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957 Title: Acting City Manager/Interim City Manager/Permanent City Manager City Council 5 11/21/2023 RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Acting City Manager Steven A. Mendoza City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Pastor Carl Gutierrez, Rock of Salvation Christian Center ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua to The Seva Collective for Outstanding Contributions to the Community 2. Certificate of Recognition presented by Councilmember Bacerra to Roquette's Cafe & Bistro in Honor of their One -Year Anniversary STAFF PRESENTATIONS 3. Update from League of California Cities 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, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. City Council 6 11/21/2023 I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 33 and waive readings for resolutions and ordinances. 4. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 5. Minutes from the Special Closed Sessions and Regular Meetings of April 4, 2023 and April 18, 2023 Department(s): City Clerk's Office Recommended Action: Approve minutes. 6. Review and Approve the Annual Calendar of City Council Meetings for 2024 Department(s): City Clerk's Office Recommended Action: 1. Review calendar of regularly scheduled City Council meetings in 2024. 2. Cancel the regularly scheduled City Council meetings of January 2, 2024, August 6, 2024, and November 5, 2024. 3. Direct staff to post Notice(s) of Cancellation and waive notice to the City Council of said meetings as required by the Government Code. 7. City's Response to Orange County Grand Jury Report: Historic Rain, Yet Drought Remains Department(s): Public Works Agency Recommended Action: Approve the City of Santa Ana's response to the findings and recommendations of the 2022-2023 Orange County Grand Jury Report, Historic Rains, Yet Drought Remains, pursuant to Penal Code Sections 933 and 933.05. 8. Receive and File Quarterly Report of Investments as of September 30, 2023 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Investments as of September 30, 2023. City Council 7 11/21/2023 9. Receive and File Quarterly Report of Contracts up to $50,000 for Non -Public Works and up to $500,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between July 1, 2023 to September 30, 2023. 10. Award Aggregate Blanket Order Contracts to Clean Space Project, LLC & Essential Care Supplies, Inc. for Nitrile Gloves in a Not -to -Exceed Aggregate Amount of $200,000 (Specification No. 23-139) (General Fund) Department(s): Police Department Recommended Action: Award aggregate blanket order contracts to vendors listed below for the purchase of nitrile gloves on an as -needed basis in an annual amount not to exceed $40,000, with a total aggregate contract amount not to exceed $200,000, for an initial one-year term expiring on November 14, 2024, with provisions for four, one-year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney. • Clean Space Project, LLC Wheat Ridge, CO Essential Cares Supplies, Inc. Los Angeles, CA 11. Amend Blanket Order Contract with Hardy & Harper, Inc. for Asphalt Street Maintenance to Extend the Final Contract Term for an Additional 12 Month Period and Increase Total Contract for a Revised Total Not to Exceed Amount of $8,590,000 (Specification No. 18-084) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the blanket order contract with Hardy & Harper, Inc. for asphalt street maintenance to extend the contract term for an additional 12 month period ending November 30, 2024, and increase the annual contract amount by $850,000 during the final extension period, for a revised total annual amount of $2,290,000, and total contract amount not to exceed $8,590,000 subject to non -substantive changes approved by the City Manager and City Attorney. 12. Award a Purchase Order to Terex Utilities for One Terex Hi -Ranger LT40 Bucket Truck, in an Amount Not to Exceed $246,693 (Specification No. 23-166) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Terex Utilities for one Terex Hi -Ranger LT40 Bucket Truck, in the amount of $241,693, plus a contingency amount of $5,000, for a total amount not to exceed City Council 8 11/21/2023 $246,693, subject to non -substantive changes approved by the City Manager and City Attorney. 13. Award a Purchase Order to National Auto Fleet Group for One Ford Super Duty F- 550 Truck, in an Amount Not to Exceed $200,647 (Specification No. 23-158) (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to National Auto Fleet Group for one Ford Super Duty F-550 Truck, in the amount of $180,647, plus a contingency amount of $20,000, for a total amount not to exceed $200,647, subject to non -substantive changes approved by the City Manager and City Attorney. 14. Approve an Appropriation Adjustment and Approve Change Order to Add Funds in the Amount of $280,000 to an Existing Construction Contract with Excel Paving Company, Inc. for a Revised Estimated Project Delivery Cost of $2,557,000, for the West Willits Protected Bicycle Lane Project (Project No. 19-6948 (ATPSB1 L- 5063(195))) (Non -General Fund). Department(s): Public Works Agency Recommended Action: Approve an appropriation adjustment recognizing prior -year fund balance of $280,000 in the Residential Street Improvement fund, Prior Year Carry Forward revenue account (AU 0581702-50001) and appropriate the same amount into the Residential Street improvement fund, Improvements Other Than Building expenditure account (AU 05817660-66220) for FY 2023-2024 capital operating expenses. (Requires five affirmative votes). 2. Approve an amendment to the Project Cost Analysis to reflect the new amount of $488,200 for project contingency for unanticipated or unforeseen work, for a total Construction Delivery Cost of $2,557,000, subject to non -substantive changes approved by the City Manager. 3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program for $280,000 for construction contingency funds, for the West Willits Protected Bicycle Lane Project (Project No. 19-6948). 15. Approve Agreement with XV Solutions to Provide SCADA Network Consulting and Support Services in an Amount Not to Exceed $750,000 for Up to a Five -Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with XV Solutions to provide on -call supervisory control and data acquisition network consulting and support services, for a total amount not to exceed $750,000, for a City Council 9 11/21/2023 three-year term beginning November 21, 2023 and expiring November 20, 2026, with provisions for one, two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 16. Approve an Agreement with Little Diversified Architectural Consulting, Inc. for the Design Services for a Park Master Plan and Community Center at Chepa's Park (Project No. 24-7533) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a consultant agreement with Little Diversified Architectural Consulting, Inc. to provide a park master plan and design for a new community center in the amount of $441,512, with a contingency of $58,488, for a total amount not to exceed $500,000, for a three-year term beginning November 21, 2023 and expiring November 20, 2026, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 17. Approve Agreements with Earth Mechanics, Inc., Geocon West, Inc., Kleinfelder, Inc., Leighton Consulting, Inc., and Ninyo & Moore Geotechnical and Environmental Sciences Consultants for On -Call Geotechnical Engineering Services dba Ninyo & Moore in an Aggregate Amount Not to Exceed $2,000,000, for Up to a Five -Year Term (General Fund and Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Earth Mechanics, Inc., Geocon West, Inc., Kleinfelder, Inc., Leighton Consulting, Inc., and Ninyo & Moore Geotechnical and Environmental Sciences Consultants to provide on -call geotechnical engineering services for a shared aggregate amount not to exceed $2,000,000, for a three-year term beginning November 21, 2023 and expiring on November 20, 2026, with the provision for one two-year extension, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 18. Approve Third Amendment with E Source Companies, LLC to Extend the Agreement Term and Increase the Total Agreement Amount by $250,000 for Automated Metering Infrastructure Planning and Implementation Services (Non -General Fund) (Project 16- 6460) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a third amendment to the agreement with E Source Companies, LLC to extend the term to expire November 20, 2024, and increase the total compensation by $250,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 2. Approve an amendment to the FY 2023-24 Capital Improvement Program to City Council 10 11/21/2023 include $250,000 in planning funds for the Automated Metering Infrastructure Project. 19. Approve Agreement with AVEVA Select California for Wonderware Software Support Services and Licensing in an Amount Not to Exceed $291,621.75 for Up to a Three - Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with AVEVA Select California to provide SCADA software, hardware, and installation services to the City's water production facilities in an amount of $277,735 with a 5% contingency of $13,886.75, for a total not to exceed $291,621.75, for a three-year term beginning November 21, 2023 and expiring November 20, 2026, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2023- XXX). 20. Approve an Amendment with Sedaru, formerly known as ID Modeling, Inc., to Extend the Agreement Term through June 30, 2024 for Water System Modeling Software (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with Sedaru for Water System Modeling Software to extend the existing term to expire June 30, 2024, with no supplementary expenses to the previously executed amount, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 21. Amend Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services by an Additional $250,000 for the Remainder of the Agreement Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with EEC Environmental for Waste Discharge Requirement compliance services to increase the total amount by $250,000 for the remainder of the term, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 22. Approve Agreement with Jacob Green & Associates for Consultant Services Related to City Manager Recruitment (General Fund) Department(s): City Attorney's Office, Human Resources Recommended Action: Approve an agreement with Jacob Green & Associates for organizational and leadership development consulting services, including executive search services for recruitment for a permanent City Manager, for a term beginning November 21, 2023 and ending June 30, 2024 with one optional six-month extension, in an amount not to exceed $50,000 (Agreement No. 2023-XXX). City Council 11 11/21/2023 23. Approve Agreement for Legal Counsel Services and Approve a Separate Agreement for Special Services: Training and Consulting Services with Liebert Cassidy Whitmore (LCW); Approve Amendment to Agreement with Richards Watson & Gerson APC for Legal Services; Approve Agreement with Ring Bender for Legal Services; and Approve Agreement with Goldfarb & Lipman LLP for Legal Services (General Fund) Department(s): City Attorney Office, Human Resources Recommended Action: Authorize the City Manager to execute an Agreement with LCW to provide special legal counsel services for an amount not to exceed $300,000 for a term beginning November 21, 2023 and ending December 31, 2026 with one optional one-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 2. Authorize the City Manager to execute a separate Agreement for Special Services with LCW to provide training and consulting services as a member of the Orange County Employment Relations Committee, renewable annually, in an amount not to exceed $5,000 plus a 5% annual increase, per year, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023- XXX). 3. Authorize the City Manager to execute a first amendment to an agreement with the law firm of Richards Watson & Gershon APC (RWG) for legal services for municipal advisory and litigation services including, but not limited to, elections work and employment matters, for the period of June 1, 2020 until May 31, 2024, in an amount not to exceed $300,000 for a total amount not to exceed $550,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-XXX). 4. Authorize the City Manager to execute a legal services agreement with the law firm of Ring Bender LLP for municipal litigation services, including but not limited to litigation regarding AC 2525 Main v. City of Santa Ana, for the period of November 21, 2023 to June 30, 2026, with an option to extend for up to one year, in an amount not to exceed $500,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 5. Authorize the City Manager to execute a legal services agreement with the law firm of Goldfarb & Lipman LLP for municipal advisory and litigation services, including but not limited to, defending the City in litigation challenging the Rent Stabilization and Just Cause Eviction Ordinance, housing, affordable housing, fair housing, rent stabilization, land use, and real property issues for the period of November 21, 2023 to November 30, 2026, with an option to extend for up to one year, in an amount not to exceed $500,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). City Council 12 11/21/2023 24. Award a Purchase Order to Vector Resources, Inc. and approve an agreement with Hewlett Packard Enterprise Company for Aruba wireless communication technology hardware and services in a total not to exceed amount of $555,407 (Specification No. 23-145) (Non -General Fund) (Revive Santa Ana Program) Department(s): Information Technology Recommended Action: 1. Authorize a one-time purchase and payment of Purchase Order to Vector Resources, Inc. for Aruba wireless communication technology hardware and services in an amount not to exceed $482,962, plus a 15% contingency of $72,445, for a total not to exceed amount of $555,407, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute an agreement with Hewlett Packard Enterprise Company for HPE's Aruba High Touch Services. Vector Resources, Inc. is an authorized indirect reseller of Hewlett Packard Enterprise Company. Funding for HPE's Aruba High Touch Services will be issued to Vector Resources, Inc. There is no fiscal impact directly associated with Hewlett Packard Enterprise Company (Agreement 2023-XXX). 25. Appropriation Adjustment and Agreement Accepting $640,000 from the State Office of Traffic Safety for Selective Traffic Enforcement Program (Non -General Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute an agreement with the State of California - Office of Traffic Safety for the Selective Traffic Enforcement Program, for a one-year period beginning October 1, 2023 through September 30, 2024, in an amount not to exceed $640,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 2. Approve an appropriation adjustment accepting $640,000 in the Office of Traffic Safety, Federal Grant -Indirect revenue account and appropriate same to the Selective Traffic Enforcement Program expenditure accounts. (Requires five affirmative votes) 26. Approve Memorandum of Understanding and Appropriation Adjustment Accepting the FY 2023 Edward Byrne Memorial Justice Assistance Grant (Non -General Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding with the County of Orange, Sheriffs Department accepting the 2023 Edward Byrne Memorial Justice Assistance Grant in the amount of $110,336, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 2. Approve an appropriation adjustment recognizing $110,336 in the Law Enforcement Grants revenue account and appropriate same to the Byrne Justice Assistance expenditure accounts. (Requires five affirmative votes.) City Council 13 11/21/2023 27. Approve Agreements with Mission -Centered Solutions, Inc. in the Amount of $189,875 and Utility Response Training Associates, LLC in the Amount of $134,600 to Provide Training Services for the Urban Area Security Initiative Grant Program (Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute three-year agreements, with two one-year renewal options, with the following two vendors to provide on -going training deliverables to the Anaheim/Santa Ana Urban Area on an as -needed basis, for the period of November 21, 2023 through November 20, 2026 in an aggregate amount not to exceed $324,475, subject to non -substantive changes approved by the City Manager and City Attorney: • Mission -Centered Solutions, Inc. — total amount not to exceed $189,875 (Agreement No. 2023-XXX) Utility Response Training Associates, LLC — total amount not to exceed $134,600(Agreement No. 2023-XXX) 28. Adopt a Resolution, Approve a Memorandum of Understanding and Appropriation Adjustment Accepting Additional FY 2022 Urban Area Security Initiative Grant Program Funds (Non -General Fund) Department(s): Police Department Recommended Action: 1. Adopt a resolution authorizing and directing the City Manager and the Chief of Police or their designee(s) to accept an additional $105,000 in FY 2022 Urban Area Security Initiative Funding, increasing the sub -recipient award from $1,822,800 to $1,927,800. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING ADDITIONAL FY2022 URBAN AREA SECURITY INITIATIVE SUB -RECIPIENT FUNDING AND APPROPRIATION ADJUSTMENT 2. Approve an Appropriation Adjustment recognizing an additional $105,000 in grant revenue from the FY 2022 Urban Area Security Initiative funding program revenue account and appropriate same to the FY 2022 Urban Area Security Initiative Program Grant expenditures accounts. (Requires five affirmative votes). 3. Authorize the City Manager and the Chief of Police to execute the Memorandum of Understanding with the City of Anaheim for the FY 2022 Urban Area Security Initiative Grant Program, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. City Council 14 11/21/2023 2023-XXX). 29. Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 2024-25 Measure M2 Comprehensive Transportation Funding Program (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Adopt Resolutions authorizing the City of Santa Ana to submit applications for funding consideration under the Measure M2 Comprehensive Transportation Funding Program 2024-25 Call for Projects. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM 2. Direct Staff to incorporate approved Comprehensive Transportation Funding Program projects into the Seven -Year Capital Improvement Program for Fiscal Year 2024-25. 30. Resolution and Authorization to Carry Over Grant Funds to the 2025 Federal Transportation Improvement Program as required by Funding Agency Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to submit selected projects to the Orange County Transportation Authority for inclusion into the 2025 Federal Transportation Improvement Program. 2. Adopt a Resolution certifying that the City has the resources to fund the projects submitted for inclusion into the 2025-2030 Federal Transportation Improvement Program, and confirm the City's commitment to implement all projects submitted to the program. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THAT THE CITY HAS THE RESOURCES TO FUND PROJECTS IN THE 2023/24-2029/30 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING THE CITY'S COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM 31. Density Bonus Agreement No. 2023-02 to Facilitate the Construction of a Rental City Council 15 11/21/2023 Residential Development Consisting of 22 Apartment Units, with Two Units Proposed as Affordable to Very Low Income Households Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving Density Bonus No. 2023-02 as conditioned. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2023-02 AS CONDITIONED FOR A NEW RENTAL RESIDENTIAL DEVELOPMENT WITH TWENTY-TWO UNITS FOR THE PROPERTY LOCATED AT 322 NORTH HARBOR BOULEVARD (APN: 198- 051-17) (includes determination that no additional environmental review will be required in accordance with the California Environmental Quality Act as a Notice of Exemption, Environmental Review No. 2022-12 will be filed for this project) 2. Authorize the City Manager to execute a Density Bonus Agreement with P&P Bros Corp., for a 55-year term, for a rental residential development consisting of 22 apartment units, with two units proposed as affordable to very low income households at 322 N. Harbor Boulevard, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 32. Resolution Approving Appeal Application Nos. 2023-02 and 2023-03 and Overturning the Determination of the Planning Commission, Thereby Denying Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243) to Facilitate the Construction of a Mixed -Use Development Known as Cabrillo Town Center at 1901 E. Fourth Street Department(s): Planning and Building Agency Recommended Action: Adopt a resolution documenting the City Council decision of October 3, 2023, denying SPR No. 2023-01 and TTM No. 2023-03 for the Cabrillo Town Center at 1901 E. Fourth Street. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL APPLICATION NOS. 2023-02 AND 2023-03 AND OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION, THEREBY DENYING SITE PLAN REVIEW (SPR) NO. 2023-01 AND TENTATIVE TRACT MAP (TTM) NO. 2023-03 (COUNTY MAP NO. 19243) TO FACILITATE THE CONSTRUCTION OF A MIXED -USE DEVELOPMENT KNOWN AS CABRILLO TOWN CENTER AT 1901 AND 1971 EAST FOURTH STREET AND 515 AND 525 NORTH CABRILLO PARK DRIVE, COLLECTIVELY 1901 EAST FOURTH STREET (APNS: 400-051-02; 400-051-09; 400-051-14; AND 400-051-15) City Council 16 11/21/2023 33. Second One -Year Extension of Site Plan Review No. 2016-03 and Variance Nos. 2017-05 and 2017-06 for The Madison Mixed -Use Development Project Located at 200 North Cabrillo Park Drive Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving a second one-year extension of Site Plan Review No. 2016-03, Variance No. 2017-05, and Variance No. 2017-06. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONE-YEAR EXTENSION OF SITE PLAN REVIEW NO. 2016-03, VARIANCE NO. 2017-05, AND VARIANCE NO. 2017-05, AND VARIANCE NO. 2017-06 FOR THE MADISON MIXED -USE DEVELOPMENT TO BE LOCATED AT 200 NORTH CABRILLO PARK DRIVE 2. Determine that in accordance with the California Environmental Quality Act (CEQA), the approval of the time extension is exempt form CEQA per Section 15061(b)(3). **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 34. Appointment of Interim City Manager pursuant to Government Code Section 21221(h) (Interim City Manager)(General Fund) Department(s): City Attorney's Office Recommended Action: Adopt Resolution appointing an Interim City Manager effective November 21, 2023 and authorizing the Mayor to execute an employment agreement (Agreement No. 2023-XXX). RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPOINTING THOMAS R. HATCH AS CITY MANAGER ON AN INTERIM BASIS AND APPROVING EMPLOYMENT AGREEMENT 35. Ordinance Amending Section 2-325 of the Santa Ana Municipal Code to Provide that Compensation for City Boards and Commissions Shall be Set by Resolution of the City Council Department(s): City Manager's Office Recommended Action: Approve the first reading of an ordinance amending Section 2-325 the Santa Ana Municipal Code to provide that compensation for City Boards City Council 17 11/21/2023 and Commissions shall be set by resolution of the City Council. ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-325 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE THAT COMPENSATION FOR CITY BOARDS AND COMMISSIONS SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL 36. Nominate and Appoint a Representative to Serve on the Orange County Mosquito and Vector Control Board of Trustees to Serve Either a Two -Year or a Four -Year Term Department(s): City Clerk Office Recommended Action: Nominate and appoint a representative to serve on the Orange County Mosquito and Vector Control Board to Serve Either a Two -Year or Four -Year Term, Effective January 1, 2024 **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 37. Appeal No. 2023-07 Appealing Planning Commission Denial of CUP No. 2023-18 for Anchor Stone Christian Church to Allow a Proposed Assembly Use at 2938 South Daimler Street Legal notice published in the Orange County Reporter on November 8, 2023 and notices mailed on November 9, 2023. Department(s): Planning and Building Agency Recommended Action: Adopt a resolution denying Appeal Application No. 2023-07 and upholding the determination of the Planning Commission to deny Conditional Use Permit No. 2023-18. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2023-07 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO DENY CONDITIONAL USE PERMIT NO. 2023-18 TO ALLOW AN ASSEMBLY USE TO OPERATE AT 2938 SOUTH DAIMLER STREET 38. Public Facilities Naming No. 2023-01, Abandonment No. 2023-03, General Plan Amendment No. 2023-01, and Amendment Application No. 2023-01 for Standard and McFadden Public Park located at 1117 S. Standard Avenue Legal notice published in the OC Reporter on November 10, 2023 and notices mailed on November 9, 2023. Department(s): Planning and Building Agency City Council 18 11/21/2023 Recommended Action: Affirm the Planning Commission's adoption of a resolution approving Public Facilities Naming No. 2023-01 (Gerardo Mouet Park); and 2. Adopt a resolution approving Abandonment No. 2023-03; and RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUMMARILY VACATING A PORTION OF A PUBLIC SERVICE EASEMENT ADJACENT TO 1117 SOUTH STANDARD AVENUE (ABANDONMENT NO. 2023-03) (includes determination that the vacation is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15378pf of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact on the environment) 3. Adopt a resolution approving General Plan Amendment No. 2023-01; and RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2023-01 TO CHANGE THE GENERAL PLAN AMENDMENT LAND USE DESIGNATIONS FOR THE PROPERTIES RECOGNIZED AS ASSESSOR PARCEL NUMBERS 011-251-38 AND 011- 251-39 (from Low Density Residential (LR-7) to Open Space (OS)) 4. Adopt the first reading of an ordinance approving Amendment Application No. 2023-01; and ORDINANCE NO. 2023-XXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-01 REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH STANDARD AVENUE AND RECOGNIZED AS ASSESSOR PARCEL NUMBERS 011-251-17, 011-251-18, 011-251-19, 011- 251-20, 011-251-38 AND 011-251-39 (from Multiple -Family Residence (R-3) to Open Space Land (0); read by title only and waive further reading. 5. Determine that in accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 — Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project. City Council 19 11/21/2023 CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT — Adjourn the City Council meeting. Future Items 1. Sanitation Fee Cost of Service Study and Prop. 218 Process Authorization POSTING STATEMENT: On November 14, 2023, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santa-ana.org/agendas-and-minutes City Council 20 11/21/2023 DRAFT Minutes of the Special Closed Session and Regular Meeting of the City Council City of Santa Ana, California M' April 04, 2023 SPECIAL CLOSED SESSION MEETING - 4:30 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza, Santa Ana, CA 92701 SPECIAL CLOSED SESSION CALL TO ORDER MINUTES: ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua City Manager Kristine Ridge City Attorney Sonia R. Carvalho City Clerk Jennifer Hall ROLL CALL MINUTES: Mayor Amezcua called the Special Closed Session meeting to order at 4:40 P.M. CITY COUNCIL 1 April 04, 2023 City Council 5-1 11/21/2023 City Clerk Jennifer L. Hall conducted Roll Call. Councilmembers Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. Councilmembers Bacerra and Hernandez joined the meeting during Closed Session. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: None PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:41 P.M. 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 LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: • Santa Ana Police Officers Association (POA) • Service Employees' International Union (SEIU) Full -Time Employees 2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. In re National Prescription Opiate Litigation, United States District Court (Northern District of Ohio), Case No. 1:17-and-02804 RECONVENE — City Council will reconvene to continue regular City business. MINUTES: Mayor Amezcua reconvened the Special Closed Session meeting at 7:18 P.M. CITY COUNCIL 2 April 04, 2023 City Council 5-2 11/21/2023 CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: Chief Assistant City Attorney Laura Rossini stated there was no reportable action from Closed Session. ADJOURNMENT — Adjourn the Special Closed Session meeting. MINUTES: Mayor Amezcua adjourned the Special Closed Session meeting at 7:18 P. M. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Regular City Council meeting to order at 7:18 P. M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua City Manager Kristine Ridge City Attorney Sonia R. Carvalho City Clerk Jennifer Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Penaloza, Phan, and Vazquez, Mayor Pro Tem Lopez, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Mike Garcia, Community Development Director WORDS OF INSPIRATION Pastor S. Anthony Simon CITY COUNCIL 9 April 04, 2023 City Council 5-3 11/21/2023 ADDITIONS\DELETIONS TO THE AGENDA MINUTES: Mayor Amezcua announced that the Housing Authority Meeting and Public Hearing were canceled and would be heard at a later date. City Clerk Jennifer L. Hall announced that Item No. 13 was removed from the Consent Calendar at the request of staff and would return for Council's consideration on May 2, 2023. CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Amezcua to OneLegacy declaring April as DMV/Donate Life Month. 2. Certificate of Recognition presented by Mayor Pro Tem Lopez to Tethos for 20 Years of Outstanding Contributions to the Community. 3. Proclamation presented by Councilmember Hernandez and Councilmember Vazquez to Latino Health Access declaring April as National Child Abuse Prevention Month. 4. Certificates of Recognition presented by Councilmember Bacerra to Orange County Fire Authority and Santa Ana Police Department Dispatchers in Honor of National Public Safety Telecommunicators Week. STAFF PRESENTATIONS 5. Presentation from the Arts and Culture Commission MINUTES: Community Development Director Mike Garcia introduced Robin McNair, Arts and Culture Commission Chairperson, who provided a brief presentation on the history and work of the Arts and Culture Commission. Councilmember Hernandez thanked the Arts and Culture Commission and his colleagues for their help in establishing the Graffiti Arts and Mural Restoration Projects. Councilmember Bacerra thanked the Arts and Culture Commissioners for their hard work and dedication. Councilmember Penaloza thanked Ms. McNair for her presentation, inquired about the required surveys, and offered his assistance. Mayor Pro Tem Lopez extended an invitation to the Commission to present recommendations in preparation for the new budget cycle. Councilmember Vazquez thanked the Arts and Culture Commissioners for their hard work and seconded Mayor Pro Tem Lopez's invitation. CITY COUNCIL 4 April 04, 2023 City Council 5-4 11/21/2023 Councilmember Phan inquired about the Little Saigon and Historic Chinatown placards. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: At 8:12 P.M., Public Comments were heard. The following speaker addressed Council via teleconference. 1. Victor Mendez spoke regarding the homelessness and drug issues plaguing his neighborhood and made a comment on the proposed appointment of Fernando Delgado to the Police Oversight Commission. City Clerk Jennifer L. Hall reported the summary of email comments received. one (1) comment in support of Agenda Item No. 28 and three (3) non -agenda comments. The following speakers addressed Council in -person: 2. Stephen Hart spoke regarding the Riverview Golf Course and the positive impact he believes it has on the community. 3. Richard Garcia provided comments on the Riverview Golf Course. 4. Peyton Garcia spoke regarding the Riverview Golf Course and how attending the course has positively impacted his life. 5. Stan Fear spoke regarding the community surrounding the Riverview Golf Course. 6. Sue Pallack spoke regarding the Police Athletic Activities League (PAAL). 7. Charlie Andres spoke in opposition to the conversion of the Riverview Golf Course into a city park. 8. Gabriel Montoya spoke regarding the worker shortage in the healthcare industry, how it will affect the residents of Santa Ana, and the need for a higher minimum wage. 9. Ruby Vallejo spoke of her experience working in the healthcare industry and expressed the need for higher pay in the industry. 10. Alicia Bernal (translation. Spanish) spoke in support of increasing the healthcare worker minimum wage to $25. CITY COUNCIL 4i April 04, 2023 City Council 5-5 11/21/2023 11. Nellie LeGaspe spoke in support of appointing Fernando Delgado to the Police Oversight Commission. 12. Carl Benninger provided various comments and spoke in opposition to appointing Fernando Delgado to the Police Oversight Commission. 13. Sam Lazalde spoke in support of the appointment of Fernando Delgado to the Police Oversight Commission. 14. Alex Montepeque (translation: Spanish) spoke of the need for a higher minimum wage for healthcare workers. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 26. MINUTES: At 8:50 P.M., the Consent Calendar was considered. Councilmember Phan recused herself from Agenda Item No. 18, as the listed party is a client of her employer Rutan & Tucker. Councilmember Hernandez pulled Item Nos. 12, 14, and 21 for separate discussion and consideration. MOTION: Councilmember Bacerra moved to approve staff recommendations on the following Consent Calendar Items: 5 through 26 with the exception of Agenda Item Nos. 12, 13, 14, and 21, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 6. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. CITY COUNCIL n. April 04, 2023 City Council 5-6 11/21/2023 7. Appoint Nicholas Ortiz Nominated by Councilmember Bacerra as the Ward 4 Representative to the Youth Commission for a Full -Term Expiring December 8, 2026 Department(s): City Clerk's Office Recommended Action: Appoint Nicholas Ortiz to the Youth Commission as the Ward 4 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2-326 (a) requires five affirmative votes) MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Nicholas Ortiz. 8. Award a Purchase Order to Musco Sports Lighting, LLC in the Amount of $195,710 for LED Sports Lighting with Related Supplies and Services (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase order to Musco Sports Lighting, LLC for the purchase of LED sports lighting, control and monitoring system, and installation services for the George Upton All Access Playground and basketball courts at Thornton Park in the amount of $177,918, with a contingency of $17,792, for a total amount not to exceed $195,710, subject to non -substantive changes approved by the City Manager and the City Attorney. 9. Award Purchase Order to Acco Engineered Systems in an Amount Not to Exceed $274,877 to replace HVAC at the Santa Ana Police Athletic & Activity League Center (General Fund) Department(s): Police Department Recommended Action: 1. Award a one-time purchase and payment to Acco Engineered Systems for a new heating, ventilation, and air conditioning (HVAC) system at the Santa Ana Police Athletic and Activity League Center, in the amount of $249,888, plus a 10-percent contingency of $24,989, for a total amount not to exceed $274,877, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an amendment to the Fiscal Year 2022-2023 Capital Improvement Program to include the Santa Ana Police Athletic and Activity League Center HVAC System Replacement project. 10. Award Contract to Motorola Solutions, Inc. in the Amount of $471,570 for Motorola 800 MHz Communications System Equipment (Specification No. 23-048) (General and Non -General Fund) Department(s): Police Department Recommended Action: Award a blanket order contract to Motorola Solutions, Inc. for CITY COUNCIL April 04, 2023 City Council 5-7 11/21/2023 Motorola 800 MHz communications system equipment for a 14-month period expiring June 30, 2024 in an amount not to exceed $471,570, subject to non- substantive changes approved by the City Manager and City Attorney. 11. Award a Construction Contract to AME Builders, Inc. in the Amount of $1,240,500 for the Salgado Community Center Improvements Project FY 2022-23 Project with an Estimated Project Delivery Cost of $1,550,625 (Project No. 22-1377) (General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: 1. Award a construction contract to AME Builders Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,240,500, for construction of the Salgado Community Center Improvements FY 2022-23, for the term beginning September 1, 2023 and ending December 31, 2023, 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 an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $1,387,759 in Revive funding for the Salgado Community Center Renovations Project. (Project No. 22-1377) 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,550,625, which includes $1,240,500 for the construction contract, $186,075 for contract administration, inspection and testing, and a $124,050 project contingency for unanticipated or unforeseen work. 4. Determine these actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2022-34 was filed for the project. 12. Award an Construction Contract to MMC, Inc. in an Amount Not to Exceed $2,870,000 for the Restrooms at Riverview Park, Heritage Park, Windsor Park, and Angels Park Project with an Estimated Project Delivery Cost of $3,307,000 (Project Nos. 22-1348, 22-1349, 22-1350, & 22-1412) (Non -General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a construction contract with MMC, Inc. to provide Design -Build services for demolition of existing restroom buildings, installation of new, pre -fabricated buildings, and associated site and utility work in the amount of $2,870,000, with a contingency of $287,000, for a three-year period from April 5, 2023 to April 4, 2026, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program for the Riverview Park, Heritage Park, Windsor Park, and Angels Park Restrooms Project to be funded from American Rescue Plan Act (ARPA) funds. CITY COUNCIL April 04, 2023 City Council 5-8 11/21/2023 3. Determine the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023-28 was filed for this project. MINUTES: Councilmember Hernandez spoke in support of the item and announced that the new restroom would be built at Angels Park located in Ward 5. Councilmember Penaloza requested the restroom be located closer to the street. Mayor Pro Tern Lopez thanked staff for all of their hard work and stated that she hoped the restrooms are built in a timely manner so staff may begin work on the next set of park restrooms. Councilmember Phan spoke in support of the item and noted that the current park improvements are the most the most extensive upgrades in years. MOTION: Councilmember Penaloza moved to approve staff recommendations on Item Nos. 12 and 14, seconded by Mayor Pro Tern Lopez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 13. Grant an Easement to Southern California Edison to Allow Underground Power to Serve Traffic Signal (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an Easement Deed granting Southern California Edison the right to own, place, and maintain power conduits and conductors underground to serve APN 016-035-14. MINUTES: Item No. 13 removed from the Consent Calendar by staff,- no action taken. 14. Approve Purchase Agreement with Property Owner Garnsey Corp., in the amount of $750,000 for the Full Property Acquisition for the Real Property Located at 843 N. Garnsey Street (APN 005-142-02) for the 10th and Flower Park Project (Revive Santa Ana Program) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a purchase CITY COUNCIL A April 04, 2023 City Council 5-9 11/21/2023 agreement with property owner Garnsey Corp, for the full property acquisition for the real property located at 843 N. Garnsey Street, also identified as APN 005-142-02, (Property) in the amount of $750,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-058). MINUTES: Councilmember Hernandez announced that the approval of the property acquisition would result in a new park in the Willard community and expressed support for the item. MOTION: Councilmember Penaloza moved to approve staff recommendations on Item Nos. 12 and 14, seconded by Mayor Pro Tern Lopez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 15. Approve an Agreement with Merritt Studio in a total agreement amount not to exceed $145,000 to provide Graphic Design Services for the Cultura Publication and Additional Design Services as Needed (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Merritt Studio, LLC to provide graphic design services for the Cultura publication and additional design services as needed, for a three-year term beginning on April 4, 2023 through April 3, 2026 with options for two one-year extensions, and a total agreement amount not to exceed $145,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-049). 16. Amend Agreement with Landscape West Management Services, Inc. to Increase the Contract Amount by $2,300,000 for Right -of -Way and Median Landscape Maintenance Services (Project No. 22-1309) (General Fund and Non -General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the seventh amendment to the agreement for the second renewal option with Landscape West Management Services, Inc. for Right -of -Way and Median Landscape Maintenance Services to increase the contract amount by $2,300,000 for a total agreement amount CITY COUNCIL 10 April 04, 2023 City Council 5 — 10 11/21/2023 not to exceed $8,222,000 for the remaining term of the agreement ending on June 30, 2025, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-050). 17. Approve an Appropriation Adjustment and Amend Agreement with Berg & Associates, Inc. for Construction Engineering Services for the SR-55/Ritchey Street Water Improvements Projects by an additional $900,000 for the remainder of the Agreement Term (Project Nos. 19-6438, 19-6439, 19-6440) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an amendment to the agreement with Berg & Associates, Inc. for Construction Engineering Services for the SR-55/Ritchey Street Water Improvements Projects to increase the compensation amount by $900,000, which includes a $780,000 increase to the base amount and a $120,000 contingency, for a total amount not to exceed $1,900,000 for the remainder of the term of the agreement, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-051). 2. Approve an appropriation adjustment to recognize an additional $900,000 in the Acquisition & Construction, Water Utility Capital Projects, Expense Reimbursement- OCTA revenue account and appropriate the same amount into the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 18. Amend Agreement with Sedaru, Inc. for Water System Computer Modeling and Engineering Services by an additional $50,000 for the remainder of the Agreement Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a First Amendment to the Agreement with Sedaru, Inc., formerly known as ID Modeling, Inc., for water system modeling and engineering services to increase the amount by $50,000, for a total not -to -exceed amount of $200,000 for the remainder of the term of the agreement, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-052). MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 18 as part of the Consent Calendar, seconded by Councilmember Penaloza. The motion carried, 6-0-1, by the following roll call vote: CITY COUNCIL 11 April 04, 2023 City Council 5 —11 11/21/2023 AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: COUNCILMEMBER PHAN (recusal) ABSENT: NONE Status: 6 — 0 - 1 — Pass 19. Approve Agreements with Tetra Tech, Inc., Stantec Consulting Services, Inc., and EEC Environmental for On -Call Engineering Design Services for PFAS Treatment Systems in an Aggregate Amount Not to Exceed $3,000,000 for up to a Five -Year Term (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Tetra Tech, Inc., Stantec Consulting Services, Inc., and EEC Environmental to provide on -call engineering design services for PFAS treatment systems, for a shared aggregate amount not to exceed $3,000,000, for a three-year term beginning April 4, 2023 and expiring April 3, 2026, with provisions for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023-053). 20. Approve a Lease Agreement with Senate Rules Committee, California Legislature for Office Space at the Santa Ana Regional Transportation Center for a Four-year Term for a Total Amount of $300,082 Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a site lease agreement with Senate Rules Committee, California Legislature to compensate the City $6,400 per month, with any partial month prorated at $206 per day, for the lease of 3,200 square feet of office space located at the Santa Ana Regional Transportation Center for a four-year term beginning on April 4, 2023 and ending February 28, 2027, for a total of $300,082 in lease revenue for the entire term of the agreement, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-054). 21. Approve Agreement with SenseMakers LLC, in the amount of $896,370, for Grant Project and Fiscal Coordinator Services (Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a three-year professional services agreement with SenseMakers LLC for an on -site project and fiscal grant management coordinator services, for the period beginning June 1, 2023 through May 31, 2026, with a fourth- and fifth -year option in an amount not to exceed CITY COUNCIL 12 April 04, 2023 City Council 5 — 12 11/21/2023 $896,370, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-059). MINUTES: Councilmember Hernandez requested Police Chief David Valentin provide a brief overview of the item and what the UASI grant entails. He also expressed concern about having the City of Santa Ana partner with the Anaheim Police Department. Police Chief David Valentin provided a brief history of the UASI Grant and the services the grant provides. Chief Assistant City Attorney Laura Rossini reminded the Council that Item No. 21 is solely for the proposed agreement with SenseMakers LLC. MOTION: Councilmember Penaloza moved to approve the staff recommendation on Item No 21, seconded by Councilmember Bacerra. The motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ ABSTAIN: NONE ABSENT: NONE Status: 6 — 1 — Pass 22. Approve an Agreement with PetData, Inc. for Animal Licensing Services for up to a Three -Year Term and Two One -Year Renewal Periods Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with PetData, Inc. for animal licensing services for a three-year period, from April 4, 2023 through April 3, 2026, with two one-year extension periods, subject to non -substantive changes approved by the City Manager and City Attorney; there is a one-time start-up fee of $1,000 and an ongoing fee of $4.30 for each one-year license processed (Agreement No. 2023-055). 23. Adopt a Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Septic to Sewer Island Project (Non -General Fund) Department(s): Public Works Agency Recommended Action: Adopt Resolution No. 2023-015 CITY COUNCIL 13 April 04, 2023 City Council 5 — 13 11/21/2023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A CONSTRUCTION INSTALLMENT SALE AGREEMENT WITH THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD IN CONNECTION WITH THE FINANCING OF THE SEPTIC TO SEWER ISLAND PROJECT AND AUTHORIZING CERTAIN OTHER RELATED ACTIONS (in an amount up to $1,529,220) 24. Adopt Resolution Accepting Grant Funds from the State Coastal Conservancy for Santiago Park Trail and Habitat Restoration Plan (Non -General Fund) Department(s): Public Works Agency Recommended Action: Adopt Resolution No. 2023-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE GRANT OF FUNDS FROM THE STATE COASTAL CONSERVANCY FOR THE SANTIAGO PARK TRAIL AND HABITAT RESTORATION PLAN (in the amount of $400,000) 25. Adopt a Resolution to Approve the Tenant Relocation Plan for the Acquisition of Real Property at 206 and 208 South Flower Street Department(s): Public Works Agency Recommended Action: Adopt Resolution No. 2023-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR THE DEVELOPMENT OF A NEW WATER WELL SITE (206 AND 208 SOUTH FLOWER STREET) 26. Fiscal Year 2022-23 Mid -Year Appropriation Requests Department(s): Finance and Management Services Recommended Action: Approve the recommended Appropriation Adjustments. (Requires five affirmative votes) **END OF CONSENT CALENDAR** BUSINESS CALENDAR MINUTES: At 9:07 P.M., the Business Calendar was considered. 27. Nominate and Appoint Representatives and Alternates to the Santa Ana River Flood Protection Agency (SARFPA), the Southern California Association of Governments (SCAG), and the Orange County Council of Governments (OCCOG) Department(s): City Clerk's Office CITY COUNCIL 14 April 04, 2023 City Council 5 — 14 11/21/2023 Recommended Action: 1. Nominate and appoint a representative and alternate to the Santa Ana River Flood Protection Agency (SARFPA). 2. Nominate and appoint a representative to the Southern California Association of Governments (SCAG) and the Orange County Council of Governments (OCCOG) and nominate and appoint an alternate to OCCOG. 3. Nominate and appoint an alternate for purposes of the SCAG Regional Conference and General Assembly Business Meeting only. 4. Direct the City Clerk to update and post the Fair Political Practices Commission (FPPC) Form 806 (Agency Report of Public Official Appointments) on the City's website. MOTION: 1. Councilmember Vazquez moved to nominate himself as the representative for (SARFPA) and Director of Public Works Nabil Saba as the alternate, seconded by Councilmember Penaloza. 2. Councilmember Bacerra moved to nominate Mayor Amezcua as the representative and (Mayor Pro Tem as the alternate to (SCAG), seconded by Councilmember Phan. 3. Direct the City Clerk to update and post the Fair Political Practices Commission (FPPC) Form 806 (Agency Report of Public Official Appointments) on the City's website. MOTION: Above -stated motions for appointments, including direction to staff. The motions carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 28. Hear From and Consider Appointing Fernando Delgado Nominated by Councilmember Hernandez as the Ward 5 Representative to the Police Oversight Commission for a Full -Term Expiring December 10, 2024 Department(s): City Clerk Office Recommended Action: 1. Hear from Fernando Delgado, applicant and nominee to the Police Oversight Commission, Ward 5 Representative. 2. Consider appointing Fernando Delgado to the Police Oversight Commission as CITY COUNCIL 15 April 04, 2023 City Council 5 — 15 11/21/2023 the Ward 5 representative, and if appointed, administer the Oath of Office. (Requires five affirmative votes.) MINUTES: Fernando Delgado thanked the Council for considering the item and allowing him to speak. He spoke of his willingness and desire to serve on the Police Oversight Commission and how he believes the commission would benefit from his experience and diversity. Councilmember Vazquez inquired about the nominee's qualifications. Mayor Pro Tem Lopez spoke of her initial proposed requirements for members of the commission. Councilmember Phan inquired with the nominee about his ability to remain impartial and his social media presence. Mr. Delgado stated that his social media is not indicative of his true character and he is continually learning and attempting to better himself. Councilmember Bacerra spoke of his opposition to the item and asked the nominee about two social media posts, which Councilmember Bacerra previously shared with the public and staff, to which Mr. Delgado responded. Councilmember Hernandez inquired with the nominee about his ability to remain impartial and his background in civil rights. Mr. Delgado spoke of his experience during the 2020 civil unrest and the perspective he gained. Councilmember Phan spoke regarding political differences, Santa Ana being the home to the first Vietnamese refugees of the Vietnam War, and her concern with the nominee's biases. Councilmember Hernandez spoke of his concern with bias and the First Amendment and moved to approve the nomination. Councilmember Bacerra spoke of differences of opinion and the need to be analytical of all nominees. Mayor Amezcua thanked the nominee for his attendance and inquired if he had ever participated in a police ride -along. She also inquired with Chief Assistant City Attorney Laura Rossini if the nominee's appointment would result in any liability to the City. CITY COUNCIL 16 April 04, 2023 City Council 5 — 16 11/21/2023 Chief Assistant City Attorney Rossini stated that the Police Oversight Commission would not make final determinations, but rather make recommendations. MOTION: Councilmember Hernandez moved to appoint Fernando Delgado to the Police Oversight Commission as the Ward 5 representative, seconded by Councilmember Vazquez. The motion failed, 3- 4, by the following roll call vote: AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ NOES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMZECUA ABSTAIN: NONE ABSENT: NONE Status: 3 — 4 — Fail **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 29. Discuss and Direct the City Manager to Direct Staff to Implement a Temporary Promotion Freeze for Police Management Until at Least 90 Percent of the Current Vacant Police Officer Positions are Filled — Mayor Amezcua MINUTES: Mayor Amezcua provided a brief background and summary of the item. Councilmember Penaloza clarified that the item is a discussion item and spoke only in support of staff returning with data regarding vacancies and patrol -to -commander ratios, prior to supporting the item. Councilmember Vazquez provided comments on the current vacancies. Mayor Pro Tem Lopez provided comments and spoke in opposition to the item. Councilmember Hernandez provided comments. City Manager Kristine Ridge recommended refraining from implementing a promotion freeze. Councilmember Bacerra spoke of his hesitation to support the item but expressed his willingness to try different approaches to ensure vacancies are filled. CITY COUNCIL 17 April 04, 2023 City Council 5 — 17 11/21/2023 Councilmember Phan provided comments and spoke in opposition to the item. Police Chief David Valentin provided comments and responded to Council inquiries. CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge announced that the Parks and Recreation Department would be hosting the "Egg-Cellent Adventure" event on Saturday April 8, 2023 at Centennial Park. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1 March 31 — April 1, 2023 Mayor Pro Tern Lopez — WELL 11 th Annual Statewide Conference in Van Nuys, CA MINUTES: Councilmember Becerra spoke in appreciation of Agenda Item No. 8 and thanked Senator Umberg for his work related to Senate Bill 44 and Senator Sandra Nguyen for her work related to Senate Bill 62. He wished everyone a happy National Public Safety Telecommunicators Week and a good night. Councilmember Hernandez thanked everyone who provided comments during the meeting and thanked Councilmember Becerra for shedding light on the importance of Senate Bill 44 and the dangers or fentanyl. Councilmember Vazquez provided comments on crime reduction and wished everyone a good night. Councilmember Phan thanked everyone who participated in the meeting, spoke of her recent tour of the Diemer Plant, and thanked Supervisor Sarmiento for hosting an event geared at educating the public on the recent food stamp and benefit changes. She also announced she is partnering with several nonprofits to host two free legal clinics in Ward 1 at the Newhope Library on April 4, 2023, and April 22, 2023. Mayor Pro Tem Lopez reported her AB1234 disclosure: March 31— April 1, 2023 WELL 11 th Annual Statewide Conference in Van Nuys, CA. She wished Sammy a Happy 2" d Birthday, spoke of her experience touring the Diemer Plant, thanked healthcare workers for their work, and wished everyone a good night. CITY COUNCIL 18 April 04, 2023 City Council 5 — 18 11/21/2023 Councilmember Penaloza spoke regarding the OC Street Car construction, the "Mujeres Migrantes en Progeso" reunification event, the Santa Ana Police Department Awards ceremony, and wished everyone a Happy Easter. Mayor Amezcua wished all those who observe the holiday a Happy Easter, spoke regarding the OC Street Car construction business disruption, and requested an update on the Joint School Collaboration Subcommittee. She announced that her next Coffee with the Mayor event would be on April 15, 2023 at El Salvador Park. ADJOURNMENT — Adjourn the City Council meeting and convene to the Housing Authority meeting. MINUTES: Mayor Amezcua adjourned the meeting at 11:12 P.M. Respectfully Submitted, Jennifer L. Hall, CMC City Clerk CITY COUNCIL 19 April 04, 2023 City Council 5 — 19 11/21/2023 DRAFT Minutes of the Special Closed Session and Regular Meeting of the City Council City of Santa Ana, California April 18, 2023 SPECIAL CLOSED SESSION MEETING - 4:30 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza, Santa Ana, CA 92701 SPECIAL CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Special Closed Session Meeting to order at 4: 38 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua CITY COUNCIL City Manager Kristine Ridge City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall 1 April 18, 2023 City Council 5-20 11 /21 /2023 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Penaloza, Phan, and Vazquez, Mayor Pro Tern Lopez, and Mayor Amezcua were present. Councilmembers Bacerra and Hernandez joined the meeting during Closed Session. PUBLIC COMMENTS-- Members of the public may address the City Council on Closed Session items. MINUTES: No in person or virtual public comments were received regarding Closed Session Agenda items. City Clerk Jennifer L. Hall announced that one (1) email was received regarding Closed Session Item No. 03. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:39 P.M. 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- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court, Case No.30-2019-01118103-CU-WT-CJC 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: • Santa Ana Police Officers Association (POA) • Service Employees' International Union (SEIU) Full -Time Employees 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (California Government Code Section 54947(b)(1)) Title: City Manager 4. CONFERENCE WITH LABOR NEGOTIATOR (California Government Code Section 54957.6) Unrepresented Employee: City Manager CITY COUNCIL 2 April 18, 2023 City Council 5 — 21 11/21/2023 RECONVENE: - City Council will reconvene to continue regular City business. MINUTES: Mayor Amezcua reconvened the City Council at 7:23 P.M. and recessed the Special Closed Session Meeting to be reconvened following the Regular Meeting. At 11:51 P.M., Mayor Amezcua reconvened the Special Closed Session Meeting and recessed to consider the Closed Session items. Councilmember Hernandez left the meeting at 12.16 A.M. on April 19, 2023. Mayor Amezcua reconvened the Special Closed Session Meeting. 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 from Closed Session. ADJOURNMENT —Adjourn the Special Closed Session meeting. MINUTES: Mayor Amezcua adjourned the Special Closed Session Meeting at 1:17 A.M., on April 19, 2023. CITY COUNCIL 3 April 18, 2023 City Council 5-22 11 /21 /2023 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Regular City Council meeting to order at 7:23 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua City Manager Kristine Ridge City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall i _7.Trr.J.m MINUTES: City Clerk Jennifer L. Hall conducted roll call. All members were present. PLEDGE OF ALLEGIANCE Jeffrey Katz WORDS OF INSPIRATION Juan Plascencia ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall announced a revision of the recipient for the Workers' Memorial Day Proclamation to Southern California Coalition for Occupational Safety & Health and the move of Item No. 21, the first reading of an ordinance amending Santa Ana Municipal Code Section 8-6 pertaining to license requirements, from the Consent Calendar to the Business Calendar. CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua to Selina Mendez for Outstanding Contributions to the Community. 2. Proclamation presented by Mayor Pro Tern Lopez and Council member Vazquez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2023 as Workers' Memorial Day. (Revised 4/12/23) CITY COUNCIL 4 April 18, 2023 City Council 5-23 11 /21 /2023 3. Certificates of Recognition presented by Councilmember Bacerra and Councilmember Penaloza to the 2023 Santa Ana Police Athletic & Activity League Ladybug Champions for their Exceptional Athletic Performance. 4. Certificates of Recognition presented by Councilmember Penaloza to the Santa Ana Police Department's 2023 Distinguished Service Medal Recipient, Detective Joshua Espadas, and Uniformed Officer of the Year, Officer Dominic Dominguez. 5. Proclamation presented by Councilmember Phan to Boat People SOS Center for Community Advancement declaring April 30 as Black April. MINUTES: At 7:32 P.M. Mayor Amezcua considered the agenda out of order and heard Ceremonial Presentation Item No. 03 first, followed by Item No. 02, Item No. 04, Item No. 05, and Item No. 01. MINUTES: At 8:14 P.M. Mayor Amezcua considered the agenda out of order and heard Public Comments prior to the Staff Presentations. 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. MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: seven (7) non -agenda comments, one (1) comment regarding Agenda Item No. 9, five (5) regarding Item No. 22, and three (3) regarding Item No. 24. She also announced that the Public Comment time limit would be two (2) minutes. The following speakers addressed Council via teleconference: 1. Lucy Solorzano requested Council direct staff to schedule a community meeting regarding the proposed Dog Park at Centennial Park. 2. David Ball spoke in support of Agenda Item No. 24. 3. Lisa spoke on behalf of VietRise and provided comments regarding Councilmember Bacerra and photographs presented at a previous meeting. The following speakers addressed Council in -person: 4. Johanna Lopez provided comments on an article published regarding the Santa Ana Police Department. 5. Michael Myers spoke regarding office space vacancies and the housing crisis. CITY COUNCIL 5 April 18, 2023 City Council 5-24 11/21/2023 6. Martha Molina spoke regarding the Riverview Golf Course. 7. Irma Jauregui spoke in opposition to Agenda Item No. 24. 8. Boris Gresley spoke regarding Agenda Item No. 21. 9. Danny Vega spoke in support of Agenda Item No. 24 and the Santa Ana Police Department. 10. John Hanna spoke regarding Agenda Item No. 24 and transparency. 11. Kristian Grimaldo spoke regarding housing insecurity his family is experiencing and requested help. 12. Sarai Arpero (translation: Spanish) spoke regarding tenant rights and eviction conditions. 13. Silvia Ramos (translation: Spanish) spoke regarding tenant rights and violations. 14. Marcela Prado (translation: Spanish) spoke regarding the disruption to businesses in Downtown Santa Ana as a result of the OC Street Car construction. 15. Fernando Delgado provided comments on an article published regarding the Santa Ana Police Department and the Major Enforcement Team (MET). 16. Marie Cofinco spoke regarding her nephew's death and police brutality. 17. Kourosh Karimi spoke in opposition to Agenda Item No. 24 18. Jose Armendariz spoke regarding the appointment of Fernando Delgado to the Police Oversight Commission. 19. Gaurav Karan spoke regarding the appointment of Fernando Delgado to the Police Oversight Commission. 20. Ferdinand Silero commented on the healthcare workers minimum wage. 21. Ana Leon (translation: Spanish) spoke regarding signs and displays in front of downtown businesses. 22. Maria Perez (translation: Spanish) spoke regarding the closure of her business located in Downtown Santa Ana. 23. Carolyn McHardy provided comments on the Riverview Golf Course. 24. Maribel Gomez (translation: Spanish) provided comments on the disruption to businesses in Downtown Santa Ana as a result of the OC Street Car construction. CITY COUNCIL 6 April 18, 2023 City Council 5 — 25 11/21/2023 25. Sonia Hernandez (translation: Spanish) provided comments on increasing the healthcare minimum wage to $25 an hour. 26. Valentin Martinez (translation: Spanish) provided comments on the disruption to businesses in Downtown Santa Ana as a result of the OC Street Car construction. 27. Jose Garay (translation: Spanish) spoke regarding trees lining his street and the issues they are causing to the sidewalks. 28. Juliet Castro (translation: Spanish) provided comments on the disruption to businesses in Downtown Santa Ana as a result of the OC Street Car construction. 29. Martin Ocampo (translation: Spanish) requested additional trash cans and security in Downtown Santa Ana. STAFF PRESENTATIONS 6. Homelessness Update MINUTES: Homeless Services Division Manager Ken Gominsky Jr. provided a brief presentation on Homeless Services Data Dashboard, drugs and homelessness, and CARE Court. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 7 through 20. MINUTES: At 9:39 P.M., Councilmember Hernandez pulled Agenda Item No. 09 and Mayor Pro Tem Lopez pulled Agenda Item No. 20 for separate discussion and consideration. MOTION: Councilmember Bacerra moved to approve staff recommendations on the following Consent Calendar Items: 7 through 20 with the exception of Agenda Item Nos. 09 and 20, seconded by Mayor Pro Tern Lopez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 - Pass CITY COUNCIL 7 April 18, 2023 City Council 5 — 26 11/21/2023 7. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 8. Minutes from the Special Closed Session and Regular Meeting of September 20, 2022 Department(s): City Clerk's Office Recommended Action: Approve minutes. 9. Appoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a Full -Term Expiring December 8, 2026 Department(s): City Clerk's Office Recommended Action: Appoint Nadin Said to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office. MINUTES: Councilmember Hernandez requested the item be brought back at a later date in order to allow him additional time to meet with the nominee. MOTION: Councilmember Hernandez moved to continue Item No. 09 to May 2, 2023, seconded by Councilmember Vazquez. SUBSTITUTE MOTION: Councilmember Bacerra moved to approve Item No. 09 as presented, seconded by Councilmember Penaloza. MINUTES: Mayor Amezcua requested staff the research the implementation of procedures for future nominees' appointments. Councilmember Bacerra commented on streamlining future nominees' appointments and suggested the nominees' names be circulated amongst the Council prior to adding them to the agenda. SUBSTITUTE MOTION: Councilmember Bacerra moved to approve Item No. 09 as presented, seconded by Councilmember Penaloza. The motion failed, 3-4, by the following roll call vote: CITY COUNCIL 8 April 18, 2023 City Council 5 — 27 11/21/2023 AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ ABSTAIN: NONE ABSENT: NONE Status: 3 — 4 - Fail MOTION: Councilmember Hernandez moved to continue Item No. 09 to May 2, 2023, seconded by Councilmember Vazquez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0- Pass 10. Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex (Specification No. 23-047) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase order and payment to Siemens Industry, Inc. for the automation of HVAC building controls on the third and fourth floors of the Ross Annex Building in the amount of $356,538, plus a contingency of $43,462 for a total amount not to exceed $400,000, subject to non -substantive changes approved by the City Manager and City Attorney. 11. Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an F-59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23-013) (General Fund and Cannabis Public Benefits Fund) Department(s): Public Works Agency and Library Services Agency Recommended Action: Authorize a one-time purchase and payment to Matthews Specialty Vehicles for a 2023 F9 Ford chassis book mobile conversion, in the amount of $414,922, plus a contingency of $25,000 for a total amount not to exceed $439,922, subject to non -substantive changes approved by the City Manager and City Attorney. CITY COUNCIL 1 April 18, 2023 City Council 5 — 28 11/21/2023 12. Authorize a One -Time Appropriation Adjustment of $500,000 Using General Funds Balance to Increase the FY 2022-23 Annual Amount for Asphalt Pothole Repair by $300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification No. 18-092) (General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize a one-time appropriation of $500,000 using General Fund balance to 01117017 Public Works - Service Enhancements for FY 2022-23 Roadway Maintenance. (Requires five affirmative votes) 2. Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair to increase the current term by $300,000, for a total annual amount not to exceed $1,200,000, and add one, two-year renewal term to the purchase order exercisable by the City Manager and City Attorney, subject to non- substantive changes approved by the City Manager and City Attorney. 13. Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 20-6963, ATPSB1 L-5063(199) (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS. 3. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project's funding requirement. 4. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 18, 2023, 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. 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work. CITY COUNCIL 10 April 18, 2023 City Council 5 — 29 11/21/2023 6. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2020-96 was filed for Project 20-6963. 14. Approve Additional Contingency Funds for an Existing Construction Contract with HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and Primate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No. 16-2658) (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Project Cost Analysis to recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $7,798,427. The new estimated total construction delivery costs include $5,289,238 for the construction contract, $923,385 for contract administration, inspection, testing, and a $1,585,804 project contingency for unanticipated or unforeseen work, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program for $1,198,427. 15. Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 2022-23 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 18-2681) (Revive Santa Ana program) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project. 2. Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 2023, 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. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work. 4. Authorize the City Manager to execute the first amendment to the agreement CITY COUNCIL 11 April 18, 2023 City Council 5 — 30 11/21/2023 with J. Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional one-year periods upon a writing executed by the City Manager and City Attorney (Agreement Nos. 2023-061 and 2023-062). 5. Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023-31 was filed for Project 18-2681. 16. Approve Agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a Five -Year Term for As -Needed Installation, Maintenance, and Repair for Fencing and Gate Services (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc. to provide on -call installation, maintenance, and repair for fencing and gates, for a shared aggregate amount not to exceed $3,000,000 for a three-year term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023-063). 17. Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for On -Call Material Testing and Special Inspection Services (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide On -Call Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, one-year extensions, subject to non- substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023-064). 2. Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide On -Call Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to non -substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023-065). CITY COUNCIL 12 April 18, 2023 City Council 5 — 31 11/21/2023 18. Approve First Amendment to Agreement with Elite Special Events, Inc. to Increase the Not -to -Exceed Amount by $20,000 per Year through June 30, 2023, for a Total Agreement Amount of $38,050, to Provide Event Equipment and Services at Various City Events (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elite Special Events to provide event equipment and services for various City events, to increase the amount by $20,000, for a total not -to -exceed amount of $38,050, through June 30, 2023, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-066). 19. Historic Property Preservation Agreement Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the below -referenced property owners for the identified structure(s), subject to non -substantive changes approved by the City Manager and City Attorney (includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemption will be filed for this project: ER No. 2023-10). Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by H RC Brian and Krystle Newquist, 2023-01, 2311 N. Benton Way, 8:1:0:0 (Murashie dissented) (Agreement No. 2023-067) 20. Adopt a Resolution to Authorize the City Manager to Accept the California Automated Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant Agreement with the State of California Energy Commission, and Approve an Appropriation Adjustment Recognizing Funds Department(s): Planning and Building Agency Recommended Action: 1. Adopt Resolution No. 2023-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM (includes determination that the proposed action is exempt from further review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines as there is no potential for any environmental impact). 2. Approve an appropriation adjustment recognizing the CaIAPP grant funds, in the amount of $100,000, to revenue account number and appropriate same to CITY COUNCIL 13 April 18, 2023 City Council 5 — 32 11/21/2023 expenditure account numbers. (Requires five affirmative votes) MINUTES: Mayor Pro Tem Lopez requested staff provide the public information regarding the current solar panel state program. MOTION: Mayor Pro Tern Lopez moved to approve the recommended action for Agenda Item No. 20, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass **END OF CONSENT CALENDAR** BUSINESS CALENDAR MINUTES: At 9:51 P.M., the Business Calendar was considered. 21. First Reading of an Ordinance to Amend Section 8-6 of the Santa Ana Municipal Code (SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include the Collection and Disclosure of Information Regarding Pending or Prior Enforcement Actions for any State or Federal Labor Violations (Revised 4112/23) Department(s): Planning and Building Agency Recommended Action: Conduct a first reading of Ordinance Amendment No. 2023- 02 — An ordinance of the City Council of the City of Santa Ana amending Section 8-6 of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of contractors and subcontractors to include the collection and disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 8-6 RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a CITY COUNCIL 14 April 18, 2023 City Council 5-33 11 /21 /2023 significant effect on the environment, and it is not a "project," as defined in Section 15378 of the CEQA Guidelines). MOTION: Councilmember Penaloza moved to approve the recommended action for Agenda Item No. 21, seconded by Councilmember Phan. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 22. Early Direction for Fiscal Year 2023-24 Budget Cycle Department(s): Finance and Management Services Recommended Action: Provide early budget direction to staff for the upcoming fiscal year. MINUTES: Director of Finance Management Services Kathryn Downs provided a brief presentation. Discussion ensued regarding the Fiscal Year 2023-24 Budget Cycle. Councilmember Penaloza provided direction regarding the current commissioner payment amount, spay and neuter programs, and the opioid settlement services. Councilmember Vazquez commented on library services, community events, housing services, and a school liaison. Councilmember Hernandez spoke in support of a trap, neuter, and release program. He provided direction to staff regarding a new youth center, additional senior centers, breakfast programs, Fiestas Patrias, street improvements, and additional youth services. Councilmember Phan spoke regarding street maintenance, additional youth services, library services, opioid settlement services, and community event funding. Councilmember Bacerra provided comments on traffic signal improvements, community police staffing, cannabis tax rates, opioid settlement services, and new revenue generators. CITY COUNCIL 15 April 18, 2023 City Council 5-34 11 /21 /2023 Mayor Pro Tem Lopez provided comments on future community surveys, general funding expenditures, animal control services, and opioid settlement services. Mayor Amezcua provided comments on youth programs, additional police officers, additional code enforcements officers, gang prevention programs, expansion of the Discovery Cube, crossing guards, and opioid settlement services. 23. Resolution Declaring the Termination of Local Emergency Regarding the COVID-19 Pandemic Department(s): City Manager's Office Recommended Action: Adopt Resolution No. 2023-019 A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION OF THE PROCLAMATION OF A LOCAL EMERGENCY REGARDING THE CORONAVIRUS (COVID-19) PANDEMIC MINUTES: City Manager Kristine Ridge provided a brief summary of the item. MOTION: Mayor Amezcua moved to approve the recommended action for Agenda Item No. 23, seconded by Councilmember Bacerra. The motion carried, 5-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NONE NOES: NONE ABSTAIN: MAYOR PRO TEM LOPEZ, COUNCILMEMBER HERNANDEZ ABSENT: Status: 5 — 0 - 2 — Pass 24. Resolution Declaring Opposition to Assembly Bill 742 (Jackson) Department(s): City Manager's Office Recommended Action: Adopt Resolution No. 2023-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING CALIFORNIA ASSEMBLY BILL 742 (JACKSON) MINUTES: Senior Management Analyst Daniel Soto provided a brief presentation. Council discussion ensued regarding the Resolution Declaring Opposition to Assembly Bill 742. CITY COUNCIL 16 April 18, 2023 City Council 5 — 35 11/21/2023 MOTION: Councilmember Penaloza moved to approve the recommended action for Agenda Item No. 24, seconded by Mayor Amezcua. The motion carried, 5-2, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ ABSTAIN: NONE ABSENT: NONE Status: 5 — 2 — Pass **END OF BUSINESS CALENDAR** WORK STUDY SESSION 25. Sunshine Ordinance Amendments Work Study Session Department(s): Planning and Building Agency Recommended Action: Discuss and provide direction to staff. MINUTES: At 11:33 P.M., the Work Study Session was considered. Director of Planning and Building Minh Thai announced that he had provided Council a summary of proposed changes. Council had no additional questions or comments. CITY MANAGER COMMENTS MINUTES: Assistant City Manager Steven Mendoza made community announcements regarding the 5K and 10K races and the Dia De Los Ninos Event. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1 April 12-14, 2023 Mayor Amezcua — League of California Cities City Leaders Summit in Sacramento, CA CITY COUNCIL 17 April 18, 2023 City Council 5-36 11 /21 /2023 MINUTES: Councilmember Vazquez provided comments on the upcoming Fiestas Patrias event and congratulated his students for winning a bronze medal at a recent speech competition. Councilmember Hernandez thanked residents for their participation and wished everyone a goodnight. Councilmember Bacerra thanked the City of Orange for their assistance and advocating for an additional bus stop for the City and wished everyone a good night. Councilmember Phan provided comments on Astiva Health, the Los Amigos High School English and Civics Department, a free legal clinic she hosted at Newhope Library, and the importance of Sexual Assault Awareness Month. Councilmember Penaloza commented on Sexual Assault Awareness Month, Denim Day, requested the water tower be lit up in teal in recognition of Sexual Assault Awareness month, and congratulated Norma Orozco on her promotion to Senior Deputy City Clerk. Mayor Pro Tern Lopez announced that the Orange County Transportation (OCTA) is looking for participants for their teen council and spoke of the importance of public transportation. Mayor Amezcua announced that Republic Services would be hosting a free compost event on April 29, 2023 at Centennial Park. She disclosed her participation in the League of California Cities City Leaders Summit in Sacramento. She summarized her first Coffee with the Mayor event and the City's Easter event. Mayor Amezcua announced that Council would be adjourning the Regular Meeting and reconving the Special Closed Session meeting at 11:51 P.M. ADJOURNMENT —Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Regular Meeting at 11.51 P. M. CITY COUNCIL Respectfully submitted: Jennifer L. Hall, CMC City Clerk 18 April 18, 2023 City Council 5 — 37 11/21/2023 City Clerk's Office www.santa-ana.org/city-clerks-office Item # 6 ram`' City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: 2024 City Council Meeting Calendar AGENDA TITLE Review and Approve the Annual Calendar of City Council Meetings for 2024 RECOMMENDED ACTION 1. Review calendar of regularly scheduled City Council meetings in 2024. 2. Cancel the regularly scheduled City Council meetings of January 2, 2024, August 6, 2024, and November 5, 2024. 3. Direct staff to post Notice(s) of Cancellation and waive notice to the City Council of said meetings as required by the Government Code. GOVERNMENT CODE 484308 APPLIES: No DISCUSSION Pursuant to Charter Section 409, the City Council has adopted a resolution setting the time, place, and manner of holding its meetings. Resolution No. 2023-047, Section 2(a), states "Regular meetings of the City Council shall be on the first and third Tuesdays of each month beginning on January 1, 2014." Past practice by the City Council has been to cancel the first meeting of the year, a meeting during the summer months, and a meeting that falls on Election Day. Staff recommends that the same past practices be adopted for 2024: 1. Cancel the first meeting of the year scheduled for January 2, 2024. 2. Cancel the meeting scheduled for August 6, 2024 for the summer months. 3. Cancel the meeting scheduled for November 5, 2024 (Election Day). The proposed 2024 calendar (Exhibit 1) includes the three above recommendations and sets a Special Meeting for December 10, 2024 for the certification of election results and swearing -in ceremony pursuant to Charter Section 400. If the City Council cancels any regularly scheduled meeting, consideration of agenda City Council 6-1 11/21/2023 2024 City Council Meeting Calendar November 21, 2023 Page 2 items will resume at the next regularly scheduled meeting. The City Council reserves the right to cancel any other meetings and notify the public as legally required by the Brown Act. The 2024 Master Calendar and agendas for all regular and special City Council meetings will be posted on the City's website at: www.santa-ana.org/agendas-and- minutes. City Council meetings are typically held in the Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701 or as otherwise noted on the agenda. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. 2024 Calendar of City Council Meetings Submitted By: Jennifer L. Hall, City Clerk Approved By: Steven A. Mendoza, Acting City Manager City Council 6-2 11/21/2023 Santa Ana City Council Meetings Schedule January S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 221 23 24 25 26 27 281 29 30 31 April 5 M T W T F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 July S M T W T I F S 6 1 2 3 4 10 11 12 7 8 9 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 29 30 31 October S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 291 301 31 HOLIDAY - CITY HALL CLOSED _ CITY HALL CLOSED - 9/80 WORK SCHEDULE _ CITY COUNCIL SPECIAL MEETING CITY COUNCIL REGULAR MEETING CITY HALL WINTER CLOSURE 2024 February S M T W T F S 1 3 4 5 6 7 8 9 10 11 12 13 18 19 20 14 15 17 21 22 23 24 25 26 27 28 29 May 5 M T W T F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 26 27 281 22 23 24 25 291 301 31 August S M T W T F S 1 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 29 31 November S M T W T F S 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 March 5 M T W T F 1ii 3 4 5 6 7 8 10 11 12 13 14 15 123 17 18 19 20 21 2224 25 26 27 28 "' 31 June 5 M T W T F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 ( 22 2311 24 2511 26 27 28 29 30 September S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 291 30 December S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (December 10 - Certification of Election Results, per Charter Sec. 400) (January 2, August 6, and November 5 (Election Day) Canceled) (As approved by various labor group Memoranda Of Understanding) Special Meetings may be scheduled 24-hours in advance (as permitted by the Brown Act). For agendas and meeting location, please refer to the City's website at: www.sonta-ano.org/agendas-and-minutes/ City Council 6-3 11 /21 /2023 Public Works Agency www.santa-ana.org/public-works Item # 7 ram`' City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Grand Jury Report: Historic Rain, Yet Drought Remains AGENDA TITLE City's Response to Orange County Grand Jury Report: Historic Rain, Yet Drought Remains RECOMMENDED ACTION Approve the City of Santa Ana's response to the findings and recommendations of the 2022-2023 Orange County Grand Jury Report, Historic Rains, Yet Drought Remains, pursuant to Penal Code Sections 933 and 933.05. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION On June 9, 2023, the Orange County Grand Jury released a report entitled ``Historic Rain, Yet Drought Remains". The report presents information about the current state of water planning, existing projects to increase the supply of non -potable water for irrigation, and storage issues. Of note, the report makes recommendations for a reliable source of potable water through desalination of ocean water. In their report, the OC Grand Jury concludes that existing water agencies in Orange County are not adequately structured or managed to implement strategies necessary to create a new source of potable water, specifically through desalination. Further, the OC Grand Jury suggests that a merger of two or more public agencies could assist the county with securing desalinated water, but notes that it might be challenging for such an agency to do so because the agencies would already be performing the functions for which they were created and it might be difficult to assimilate new functions. To that end, the Orange County Grand Jury concludes that the creation of a new agency, a Climate Resiliency District, should be established to develop and manage countywide water resources, while taking into consideration the ongoing statewide drought conditions. City Council 7-1 11/21/2023 Grand Jury Report: Historic Rain, Yet Drought Remains November 21, 2023 Page 2 In accordance with California Penal Code Sections 933 and 933.05, the Orange County Grand Jury mandates that the City must respond to the conclusions and recommendations outlined in their report. An overview of the Orange County Grand Jury's findings, recommendations, and the City's corresponding responses are attached to this report. (Exhibit 2). Once authorized by the City Council, the responses documented in Exhibit 2 will be submitted to the Presiding Judge of the Superior Court. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Orange County Grand Jury Report: "Historic Rain, Yet Drought Remains" 2. City of Santa Ana's Response to Orange County Grand Jury Report: Historic Rain, Yet Drought Remains Submitted By: Nabil Saba, P.E. — Executive Director of Public Works Approved By: Steven A. Mendoza, Acting City Manager City Council 7-2 11/21/2023 d A WET WINTER IN THE WEST HASN'T CHANGED ALIF R'MWATER CHALLENGES ES Historic Rain, Yet Drought Remains County of Orange Grand Jury 2022-2023 HISTORIC RAIN, YET DROUGHT REMAINS TABLE OF CONTENTS SUMMARY...................................................................................................................... 3 BACKGROUND.............................................................................................................. 4 REASON FOR STUDY................................................................................................... 5 METHODOF STUDY...................................................................................................... 6 INVESTIGATION AND ANALYSIS.................................................................................. 7 Climate........................................................................................................................ 7 WaterDemands........................................................................................................... 8 Overview of Water Suppliers and Agencies................................................................. 9 Metropolitan Water District (MET) — (Water Wholesaler) ............................................. 9 Municipal Water District of Orange County (Water Wholesaler) ................................ 11 Orange County Water District (Water Wholesaler).................................................... 12 WaterRetailers.......................................................................................................... 12 State of California Managed Supplies........................................................................ 14 Federal Intervention................................................................................................... 16 WaterJustice............................................................................................................. 16 Actions to Secure and Strengthen Supply................................................................. 17 Effective Management of Initiatives........................................................................... 17 Public Awareness of the Need for Action................................................................... 20 Effecton Local Economy........................................................................................... 21 Drinking Water Obtained from the Sea...................................................................... 22 COMMENDATIONS...................................................................................................... 24 FINDINGS..................................................................................................................... 24 RECOMMENDATIONS................................................................................................. 25 REQUIRED RESPONSES............................................................................................26 REQUESTED RESPONSES......................................................................................... 27 GLOSSARY.................................................................................................................. 31 REFERENCES.............................................................................................................. 34 APPENDIX A: ACTIONS BY LOCAL AGENCIES TO SECURE SUPPLY .................... 38 Purchaseof water rights............................................................................................ 39 Utilization of other supplies........................................................................................ 44 Water Efficiency to Increase Supply.......................................................................... 44 APPENDIX B: GRAPHICS OF INTEREST............................................................................45 BIBLIOGRAPHY........................................................................................................... 48 ORAtq(61 1F GRAND JURY 2022 1 2023 7-4 1 1/2�QQ4f 57 HISTORIC RAIN, YET DROUGHT REMAINS NOTICE......................................................................................................................... 56 ENDNOTES.................................................................................................................. 56 SUMMARY The "atmospheric river" of winter 2022-23 in California, causing floods in the lowlands and record snowpack in the mountains, has many people assuming that the "drought is over." This assumption is far from the truth. Drought conditions are here to stay. While Orange County dams and reservoirs are currently at full capacity and the Sierra snowpack is at its deepest level in many years, there has been limited impact on the Western Rockies, the Colorado River, Lake Powell, and Lake Mead from which Southern California draws a significant amount of its potable water supply. For the purposes of this report, the Orange County Grand Jury differentiated between source and supply. The source of water is the ocean and the resultant precipitation. The supply of water is how precipitation is captured and delivered to consumers of water, including recycling and reuse of this water. Climatologists, water experts, and water managers agree we must adapt to climate change because longer droughts and extreme weather patterns are inevitable, adding urgency towards finding new methods for obtaining additional water sources. In Orange County, the lack of available water over the past few years has frequently been identified as a "Water Crisis", yet the phrase has failed to capture the scope of how dire the situation is. Generally, people don't think about having enough water because it has been reliably available their entire lives. Throughout the county, there are numerous innovative water projects under consideration or development, but they may not be timely enough to avoid people running short of water and having to conserve much more, ultimately leading to mandated rationing. Approximately half of all water used in Southern California is imported from the Colorado River and from the California Aqueduct. This imported water is severely constrained and unreliable. With infrequent and unreliable amounts of precipitation supplying both the Northern California Water Project and the Colorado River, the situation is becoming more critical. Several South Orange County cities rely almost solely on these imports. Locally, significant efforts are being made to re -use wastewater. These efforts are limited by the amount of water available from everyday use and do not create a new water source. North and Central Orange County are served by a well -managed supply of water in underground storage, but it cannot meet the needs of the entire County. South County is entirely dependent on imported water. The State of California mandated local governments to provide more affordable housing and is also promoting higher density development. This does not recognize the limitations of the current water supply and its social and economic impacts. The State has failed to provide a supply of water to support these mandates. ORAtqNMGRAND JURY 2022 1 2023 7-5 1 1/2�QQ4f 57 HISTORIC RAIN, YET DROUGHT REMAINS Public awareness must be expanded to encourage better management of our water by expediting the process for planning and construction of new water sources such as desalination and prioritizing funding. The Orange County Grand Jury recommends the creation of a "Climate Resiliency District" to lessen the County's dependence on State and regional water projects. Just as Orange County supported Measure M and created the Orange County Transportation Authority to solve the county's transportation crisis, the same bold leadership is needed to solve the county's water crisis. This report presents information about the current crisis in water planning, existing projects to increase the supply of non -potable water for irrigation, and storage issues. The report makes recommendations for a reliable source of potable water through desalination of ocean water. BACKGROUND Water is our most precious resource, but due to shifts in climatic weather patterns, the reliability of traditional water supplies is under intense pressure in Orange County. Many water business insiders are stating privately that these systemic events are now at a "crisis" stage, despite the recent precipitation. To date, traditional water suppliers in Orange County have not addressed the implications of this systemic shift. They have maximized local resources by recycling, capturing flood water runoff, and finding new areas for storage. However, they have yet to fully develop a transformational drought -resistant water resource outside the status quo. Numerous past Orange County Grand Jury reports' have dealt with the internal governance and organizational structure or the need for conservation efforts to maximize water utilization. This report elaborates on the dependency on outside water supplies such as the California Water Project and the Colorado River Basin that provide over 50% of our county's local water supply. South Orange County lacks a bountiful aquifer that provides North and Central Orange County with 70% of its water supply.2 South Orange County depends on imported waterfor 90% of its needs. These imported water supplies are becoming less reliable, with annual reductions occurring in both the California Water Project and the Colorado River Basin creating major disruptions. Conservation measures have been put in place throughout Orange County to maximize existing supplies to help mitigate these concerns. This is simply inadequate to resolve the long-term supply issue. One of the ways to resolve this issue is desalination, a proven alternative that has not yet been fully implemented in Orange County. ORAgkgNJ ' GRAND JURY 2022 1 2023 7-6 1112A/gQ436f 57 HISTORIC RAIN, YET DROUGHT REMAINS �3k Sry�s a Where Southern California Gets Its Water 50% Import - 500/o Local Transfers & Storage State % Water � Project Entitlement (1972) Local Supplieg Groundwater & Recycling REASON FOR STUDY Local Supplies LA Aqueduct (1913) Colorado Pier Aqueduct (1941 Conservation The Western United States is experiencing a water crisis. The climate is changing, and our supply of water has diminished while our population has increased. This situation did not occur overnight and the efforts to mitigate the crisis have been slow and ineffective. Existing water agencies in Orange County are not adequately structured or managed to implement the transformational strategies necessary to create a new source of potable water, specifically through desalination. It is possible that a merger of two or more agencies could pivot this new source, but they are already performing the functions for which they were created and it might be difficult to assimilate new functions. The Orange County Grand Jury recommends the creation of a new agency, a Climate Resiliency District, to develop and manage this drought -resistant resource. Local water suppliers, including cities and special districts, are to be commended for attempting to meet the crisis within constraints. The Orange County Water District very ORAgitq(61W 4Y GRAND JURY 2022 1 2023 7-7 1 1/2�QQ4f 57 HISTORIC RAIN, YET DROUGHT REMAINS successfully manages the ground water basin serving North and Central Orange County. These efforts include actively pursuing water transfer and water banking agreements outside of Orange County. Local water suppliers need to expand their portfolio to meet demands. Additional capture of precipitation, supplying groundwater through infiltration, additional storage systems, development of ocean desalination, and recycling and reuse of water all need to be considered and improved and implemented. The general public, the ultimate users of the water, need to continue their efforts to conserve water by installing low -flow toilets and showerheads, appliances that use less water, using recycled water for landscape irrigation, and eventually accepting the use of recycled water purified for drinking purposes. They also need to support and expedite the development of desalination plants to create a new source of water for the future. It will be necessary for the water suppliers to develop effective public awareness programs to help the public understand the need and desirability of this new paradigm. METHOD OF STUDY The Orange County Grand Jury (OCGJ) took the following steps in investigating this issue: • Identified and interviewed key personnel: o Persons or entities responsible for providing potable water to their Orange County constituents o Persons knowledgeable in projects to improve capture, reclamation, recycling, delivery, and infrastructure improvements o Persons involved in the planning and execution of providing new habitable dwellings o Persons who are reputable in the field of climatology — past, present, and future • Reviewed information from the various water districts and interested parties including: o Orange County Water District (OCW) o Orange County Coast Keepers o California Department of Water Resources o Miscellaneous Water Districts o Municipal Water District of Orange County (MWDOC) o Metropolitan Water District (MET) • Reviewed numerous documents pertaining to this report (see bibliography for complete list) • Members of the OCGJ toured the following facilities: o Municipal Water District of Orange County Headquarters o Orange County Water District Ground Water Recovery Facility o Metropolitan Water District ■ Headquarters ORAtq(61 1F GRAND JURY 2022 1 2023 7-8 1 1/2�QQAf 57 HISTORIC RAIN, YET DROUGHT REMAINS ■ F.E. Weymouth Water Treatment Plant and Quality Control Laboratory ■ Pure Water Southern California Demonstration Plant in Carson INVESTIGATION AND ANALYSIS Climate The current state of our climate is a prolonged drought. To survive, local sources of water need to be more resilient. Throughout Earth's evolution, there have been and continue to be impacts on its climate. The continents have been drifting since there was a super continent, Pangea, 175 million years ago. The resulting different geographic locations have differing climate conditions which are still evolving. These "climate changes" have been extensively studied and documented by paleo-climatologists, and their data has been used to forecast what climate conditions will most probably be in the future. "The current state of our climate is a prolonged drought. To survive, local sources of water need to be more resilient. " Today's scientists and climatologists agree that Earth is changing due to evolutionary cycles and that climate warming is being acutely exacerbated and accelerated by the effects of human activities. Worldwide, glaciers are receding, sea levels are rising, and permafrost melting. Many global regions that were historically self-sufficient for potable water are now in periods of extended drought where precipitation is a declining resource. Orange County is directly affected by the resulting effects of climate change, evidenced by water reduction mandates and the various proposed means and methods to capture, recycle, and store more water. This report acknowledges climate change and its effects on the people of Orange County. It examines whether the current proposed means and methods for securing more water are sufficient to sustain the projected growth in the county and support the green and vibrant lifestyle to which its inhabitants have become accustomed. As evidenced over the past five decades, the durations and resulting expectations from the seasons in this geographic region of the U.S. (Western) have dramatically changed. Winters have seen declining periods of sustained precipitation, and summers are hotter, longer, and drier. This has directly affected the rivers, lakes, streams, dammed reservoirs above ground and aquifers below ground that rely on melted snow and rain for continued and reliable replenishment. Paleo-climatologists have validated the past ORAtq(61 1F GRAND JURY 2022 1 2023 7-9 1 1/2�Qp4f 57 HISTORIC RAIN, YET DROUGHT REMAINS climate drought trends, and today's climatologists are predicting the same, punctuated by infrequent periods of precipitation, like the precipitation events of this past winter (2022-23). This all points to the current supplies of water not being dependable. Key facts and predictions identified during interviews and the numerous climate articles reviewed are: • The current Western United States drought is the longest in 1,200 years • The drought is likely to continue for the next 100 years. • The current Southern California climate is characterized as "drought" but this is likely to be interrupted by infrequent wet years. • Human activities have affected the climate. The Southern California climate is expected to enter a cooler phase based upon long-term historic trends, rather than the current warming. • Even if carbon emissions are suddenly decreased, the climate could take up to 100 years to adjust. The following graph illustrates the current tendency of the climate. It shows five categories: Abnormally Dry (DO), showing areas that may be going into or are coming out of drought, and four levels of drought (D1—D4). The darker the color, the deeper the drought. It clearly shows increased and more frequent levels of drought for California. [:]DO ❑ D1 ❑ D2 ■ D3 ED4 U.S. Drought Monitor California Drought as the norm has reduced precipitation as a source of water and Orange County needs to respond to it by providing a more drought resilient supply of water. • In the past fifty years, California's population has nearly doubled. Water is needed, and expected, to sustain the current population in all aspects: quality of life, commerce, industry, agriculture, etc., and promote growth and development. However, current, and foreseeable circumstances regarding water availability ORAgi&LgNX�GRAND JURY 2022 1 2023 7 - 10 1 1/2�QpAf 57 HISTORIC RAIN, YET DROUGHT REMAINS have severely impacted modern Californians' expected way of life. To preserve the status quo, water reduction mandates are used to facilitate further development. • Some water agencies are paying farmers to not grow crops. They are transferring the farmer's water rights to the water agency to feed the thirst of metropolitan areas. Many projects to capture, transport, and store water have been proposed but not yet constructed due to various political and environmental obstructions. The projects that have been approved to capture, store, recycle, and transport more water will only succeed if there is enough water to do so. Precipitation is a declining source of water. Interviews with water experts, e.g., wholesalers, retailers, and suppliers have said that "we cannot conserve our way out of the drought" but they have yet to make Orange County self-sufficient. Overview of Water Suppliers and Agencies The water supply for Orange County is primarily managed by three entities — Orange County Water District (OCWD), Municipal Water District of Orange County (MWDOC), and Metropolitan Water District (MET). Consumers receive their water from 29 independent water districts and cities. The suppliers primarily receive water from either the groundwater basin managed by OCWD, directly from MET, or through MWDOC. The water agencies also have additional minor supplies of water, including treated surface waters and supplies obtained from agreements with other entities. Some of the water agencies provide treated wastewater for landscaping and industrial uses (recycling). Metropolitan Water District (MET) — (Water Wholesaler) The Metropolitan Water District (MET) serves the water needs of Southern California by securing and transporting water. This includes overseeing the importation of water from the Colorado River Basin since 1941 and the State Water Project since 1971. MET is a wholesaler which sells and allocates this water to other water agencies, municipalities,3 and counties from Ventura to San Diego. Orange County receives its purchased allocation through the Municipal Water District of Orange County. Recognizing the long- term effects of drought and reduced flows from the Colorado river and California Aqueduct, the MET has initiated major water conservation and recycling programs to make water management a priority. They have attempted to create storage capability and negotiate contracts with the agricultural entities within the Colorado basin to limit their water usage and acquire their allocations. The long-term threat of climate change and historic droughts have challenged MET and they have failed to identify new supplies of water beyond their historic charter. The State Water Project is delivering only 10% of the historical allocation and the Colorado River supply allocation was reduced 25% in 2022. ORAtq(6 W1 GRAND JURY 2022 1 2023 7 —11 1 1/2�QQ 4f 57 HISTORIC RAIN, YET DROUGHT REMAINS Metropolitan Water District is in the water movement business and is not historically tasked with securing new sources of water. As the leading water agency in Southern California, MET has not taken on this responsibility. Their supply of water is dependent on precipitation. When the water allocation was reduced from the State Water Project, MET had to switch many of its customers to the Colorado River. However, numerous articles have documented that the lakes on the Colorado River (Mead and Powell) are at the lowest levels since they were built, and their future viability is at question due to a decade's long drought in the west. The State Water Project' includes 700 miles of delivery canals (California Aqueduct) that serves 27 million people and irrigates 750,000 acres of farmland, which supplies fifty percent of the United States' produce. The project originated in 1960 and although it is well maintained, it has not been upgraded in years. The water for the State Water Project comes primarily from the Sacramento -San Joaquin Delta. When forming its water strategies, Orange County needs to recognize that the State Water Project's reliability is in doubt due to its 53-year history of not being adequately maintained. The Colorado River has been in the news due to the drought reducing its flow over the past twenty years. The agreements regarding the allocation of Colorado River water are set to expire in 2026 and are currently being renegotiated. Water levels at Lake Mead and Lake Powell have dropped significantly, and experts say it would take at least 10 years of above average precipitation to restore them. Orange County should simply not rely upon the Colorado River as a dependable supply, now or in the future. Following numerous interviews and a thorough review of project documentation, the Grand Jury reached several conclusions regarding MET programs to replace dwindling ORAtqNMGRAND JURY 2022 1 2023 7 — 12 11 /�U?eg4f 57 HISTORIC RAIN, YET DROUGHT REMAINS water supplies. Most notable is that the Carson wastewater reclamation project is years away from being completed and 20 years behind similar projects in Orange County. Overall, MET cannot be expected to significantly replace the reductions in water allocations from the Colorado River and the State Water Project within the next decade. "MET water will not be reliable for at least a decade and Orange County needs to consider developing other resources to make up for this lack of reliability. " Municipal Water District of Orange County (Water Wholesaler) The Municipal Water District of Orange County (MWDOC) is primarily a wholesale water provider and, to a lesser extent, a water resource development and planning agency for nearly 3.2 million Orange County residents, and businesses. MWDOC buys imported water from the California State Water Project in Northern California and the Colorado River through the Metropolitan Water District of Southern California. MWDOC has four representative seats on the Metropolitan Water District (MET) Board. Through its member agencies, MWDOC covers all of Orange County except the Cities of Anaheim, Fullerton, and Santa Ana. Orange County must import water due to limited local water supplies. Central and North County import approximately 30% of their water to supplement its existing supply. However, South County is highly reliant on the Municipal Water District, as South County water districts must import 90% of their water supply from outside of Orange County. The Municipal Water District of Orange County is extremely important as a wholesaler or broker to the retail water districts in Orange County and as a representative of Orange County's interest on the Metropolitan Water District Board. MWDOC has completed a comprehensive study of Orange County's water reliability needs that could serve to achieve a climate resilient water supply. The study covers MET system reliability and Orange County projects including desalination projects, water shed projects, and water banking projects. The study also identifies the crisis Orange County is facing — by 2030, eight out of every ten years can be expected to be in drought. However, the study is devoid of information about financing and implementation, and its conclusions rely too much on MET efforts that are decades behind where they should be. Based upon this study and MWDOC's countywide area of responsibility, MWDOC could conceivably lead Orange County's efforts to plan, finance, and implement water source and supply projects. MWDOC serves no other purpose than to distribute water and has not attempted to expand its supply of water beyond its engagement with the MET. Previous Orange ORAtqNMGRAND JURY 2022 1 2023 7 — 13 11 57 HISTORIC RAIN, YET DROUGHT REMAINS County Grand Juries have recommended that the MWOC and OCWD merge for a more efficient and streamlined approach towards water management. Orange County Water District (Water Wholesaler) The Orange County Water District (OCWD) provides water to 2.5 million residents in North and Central Orange County. The District effectively manages the Orange County groundwater basin that provides approximately 77% of water used in the region. It supplies the 19 cities and retail water agencies in Central and North Orange County with potable water. As the sole adjudicator of Orange County's ground water basin, the agency plays a vital role in assuring the aquifer is effectively managed. The Orange County Water District has been a true innovator in water management and operates the world's largest water purification replenishment system for indirect potable water use. Over 130 million gallons per day are recycled into the Orange County aquifer, thus replenishing this vital resource. It has exhausted the wastewater supply available for recycling through its comprehensive efforts. The management of Orange County's underground reservoir has been exceptional. OCWD has also implemented a regional groundwater banking program to assure long- term reliability and increasing stormwater capture behind Prado Dam where water eventually gets released and recharged into the Orange County aquifer, thus becoming part of the local water supply. Despite its absolute success at recycling, the Orange County Water District must still import 23% of its water brokered by the Municipal Water District of Orange County through the Metropolitan Water District. The local Orange County ground water basin is simply not large enough to meet demand. Water Retailers The Irvine Ranch Water District serves a large Orange County populace of 600,000, primarily in the Cities of Irvine, Lake Forest, parts of the Cities of Orange, Costa Mesa, Tustin, and Newport Beach. IRWD provides water as well as reliable sewage collection and treatment. The combination of being a water retailer combined with managing sewage treatment has allowed IRWD to implement groundbreaking recycling water programs for non -potable use and innovative urban runoff programs. The district relies partially on the Orange County basin for its water supply, but also is dependent on 20% of imported water from the Municipal Water District of Orange County. As an innovator, the IRWD secured rights to the Kern water basin for water storage. This storage reduces its reliance on Metropolitan Water District and provides access to a potential supply of water in an emergency. Through conservation and water efficiency programs, IRWD has reduced overall water consumption year over year allowing development to continue to move forward unabated within the jurisdiction it serves. However, growth in community development exposes IRWD to shortages as its allocation of imported water is determined by Municipal Water District of Orange County. ORAtq(6 W1 GRAND JURY 2022 1 2023 7 — 14 11 /�U?eg4f 57 HISTORIC RAIN, YET DROUGHT REMAINS The Moulton Niguel Water District serves 170,000 residents in South Orange County, and is highly dependent on imported water from the Municipal Water District of Orange County (in excess of 90% of its potable water). Therefore, the District has made a major effort to drive efficiency and conservation efforts, which have been successful in reducing water utilization and continue to allow local development. Negotiations are underway with local sanitation districts to attempt to initiate recycling programs for the betterment of the community. The collaboration with South Orange County Wastewater Authority (SOCWA) has been less than cooperative thereby impeding recycling efforts. Should the Municipal Water District of Orange County fail to deliver the required water, Moulton Niguel Water District is highly vulnerable to supply disruption. The Rancho Santa Margarita Water District (RSMWD) imports 100% of its potable water from the Municipal Water District of Orange County and services over 200,000 residents in south Orange County, primarily the eastern portion of Orange County from Mission Viejo to San Clemente. As a result, the District has committed to developing local reliable drinking water supplies. RSMWD constantly monitors opportunities to enhance its water portfolio. The current major effort is the San Juan Watershed project that will capture local stormwater runoff as well as directing recycled water to recharge the local underground aquifer. Conservation water efficiency efforts have also played a major role to minimize water usage. Within RSMWD's service area, there are major communities being planned. The planned communities under development, Los Flores and the Ranch, will add 15,000 homes or approximately 60,000 additional residents to the District's customer base. With this development the water demand will increase and therefore will increase the need to import water. Should Municipal Water District of Orange County fail to deliver required water, RSMWD is highly vulnerable to supply disruption. The South Coast Water District (SCWD), like other south Orange County water districts, is highly dependent on imported water from the MWDOC. SCWD serves 35,000 residents and 2 million visitors a year. SCWD relies on 90% of its potable water being supplied by the MWDOC. SCWD is to be applauded in its attempt to expand its efforts to decrease its dependence on imported water. Recently, SCWD was granted approval to proceed with an ocean desalination plant of 5 million gallons of water a day. The plant is to be built within the next five years. SCWD is working to maximize recycling efforts to minimize reliance on imported water. Major conservation and water efficiency programs have been implemented locally. Until the desalination plant comes online, and should MWDOC fail to deliver required water, SCWD is highly vulnerable to supply disruption. Until the desalination plant comes online, and should MWDOCfail to deliver required water, SCWD is highly vulnerable to supply disruption. ORAgkgNJ ' GRAND JURY 2022 1 2023 7 — 15 11'3Ape of 57 HISTORIC RAIN, YET DROUGHT REMAINS Other Orange County Water Suppliers. Water wholesalers in Orange County work with local water retailers to provide water to their residents. The Orange County local retailers include 29 cities and local water districts. Most of the cities and water agencies have implemented programs to minimize water utilization to become more efficient. They are to be applauded for their efforts. South Orange County retailers Moulton Niguel Water District, Rancho Santa Margarita Water District, and South Coast Water District are highly dependent on the importation of water, in excess of 90% of total local demand. Irvine Ranch Water District is included because of the unique characteristics that were identified during the course of this investigation. Specifically, the Grand Jury noted its creativity in securing potential sources of water coupled with the continued development of the Irvine Ranch and water required to serve new residents. South Orange County retailers are highly dependent on the importation of water for more than 90% of local demand. The Grand Jury's investigatory efforts have included a focus on this dependency. State of California Managed Supplies The State of California is responsible for operating the State Water Project, planning and implementation of statewide projects for water supply, State bond financing for projects, and management of federal and State funding programs. These have been insufficient to address the threats to Orange County water supply. Water management in California is very complex. There are numerous constituents placing a huge demand on water resources: agriculture, urban centers, industry, business, developers, tourism, and residents. This pressure coupled with an antiquated water structure with hundreds of water wholesalers and retailers makes a challenging dynamic. Environmental pressure exacerbates the challenge. The State's lack of long-term solutions to California's water needs is not new. No new reservoirs have been built since the 1970's when the population was 20 million people. 50 years later, California's population has almost doubled to 39 million. For years, the State has studied proposals to secure additional supplies of water by moving water from the Sacramento delta to Southern California through the California Water Project, with no discernable results. The project is needed to protect the existing water supply and secure additional water but has been bogged down by debate about approach and environmental review. ORAtq(61 1F GRAND JURY 2022 1 2023 7 — 16 11 /�U?eg4f 57 HISTORIC RAIN, YET DROUGHT REMAINS No new reservoirs have been built since 1970 when the population was approximately 20 million, yet California's population has almost doubled to 39 million. In 2014, a bond initiative was passed to provide $7.3 billion in funding for 10 new reservoirs and other water related projects, yet the reservoirs have not been completed. The recent rains that swept California this winter resulted in billions of gallons of water flowing out to sea.5 The California Natural Resources Agency maintains a web page that shows the progress of the bond issue.6 The web page shows most of the funds have been committed but lacks information regarding what has been accomplished. In terms of planning, in August 2022, the California Environmental Protection Agency issued a major report entitled "California Water Supply Strategy — Adapting to a Hotter, Drier Future, California Agencies."' But the strategy does not detail schedules or actions or assign resources or funding. In the report, the Newsom administration points out that in order to deliver the pace and scale of projects necessary to meet California's water crisis, the State's regulatory structures must be modernized so that "State agencies can assess, permit, fund and implement projects at the pace this climate emergency warrants." The report does not describe how Newsom's directive is to be understood or executed. Other relevant State reports touching upon State water resources include those on climate change, water supply assessment, and an analysis of recent droughts. While all these reports help identify problems, they provide few and limited actionable recommendations. The California State Water Control Board is the State's key water agency, yet its focus on water supply is not clear. Other State agencies that have water oversight include: the Department of California Water Resources, the California Water Commission, and the National Resources Agency, and State Conservancies, such as the Sacramento -San Joaquin Delta Conservancy that are involved in water grants and planning. The State environmental and river basin authorities also complicate planning and actions. There seems to be no coordinated focus on water supply. The Sacramento -San Joaquin levees are very important to the State Water Project. They protect the integrity of the system. For decades, the levees have been identified as needing bolstering, yet this has not been done. If the levees fail or are breached there will be an influx of brackish water from the San Joaquin Delta that will contaminate the fresh water in the Project, making it unusable. The recent rains have focused the need for action, yet nothing is likely to be done anytime soon. As an example, the need to capture and store rainwater in aquifers has been recognized for decades, yet the recent rainfalls show little has been done. Recently, the State initiated the Delta Conveyance Project (DCP). This is a joint powers authority formed to help ensure water supply reliability for the State Water Project and to adapt to forecasts of future changes in precipitation and seasonal flow patterns due ORAgkgNJ ' GRAND JURY 2022 1 2023 7 - 17 111�36; of 57 HISTORIC RAIN, YET DROUGHT REMAINS to climate change. An important part of the DCP is a proposed tunnel under the Delta. The concept for the project originated in the 1970s and subsequent versions included the Trans -Delta System, Peripheral Canal, Bay Delta Conservation Plan, and the California Water Fix (a dual tunnel). The Delta Conveyance Project faces strong opposition from environmentalists. The prospect of the project being completed in a timely manner, if at all, is doubtful. Governor Newsom himself noted the difficulty of getting water projects going in his statement at an August 2022 news conference: "The time to get these damn projects is ridiculous," Newsom said. "It's absurd. It's reasonably comedic. In so many ways, the world we invented from an environmental perspective is now getting in the way of moving these projects forward."$ Projects take decades to accomplish, if they are completed at all. The State cannot be relied upon for consistent water delivery in wet or dry years. Water management in California can best be summed up as always studied but never resolved. The impacts of this paralysis mean that Orange County cannot currently rely on the State to identify or secure a new source or supplies of water. Federal Intervention California may have to reduce its reliance on Colorado river water under a proposal by the U.S. Department of the Interior, unveiled on April 11, 2023, that upends the longstanding system of water rights. The Department proposed two methods for reducing water usage by as much as 25% in 2024. The seven states utilizing the Colorado river have been negotiating with each other since August 2022 to make voluntary cuts. To date no agreement has been reached. The U.S. Bureau of Reclamation, part of the U.S. Department of the Interior, warned that it would impose large cuts if the states relying on the river did not come up with a plan by January 31, 2023. The states failed to do so. Although California has experienced an unusually wet winter, this has not changed the Colorado River's longstanding challenges amid a much drier climate. The rationing of water from the Colorado River basin appears inevitable at the time of this report, disrupting the long -tenured stability of Southern California's imported water supply. It reinforces the idea that the time to act for securing a new source of water for Orange County is now. Water Justice As the demand for water increases, not only to sustain the status quo but also for development, equal access to water must also be addressed. What regions will be entitled to preserve their way of life and what regions will have to compromise? The cost of obtaining and distributing water is equally important to water justice. The projects required to ensure a reliable water supply are costly and, if delegated to the ratepayers, may have a significant impact on lower income households. Traditionally, ORAkqNMGRAND JURY 2022 1 2023 7 - 18 1 1/�4?04f 57 HISTORIC RAIN, YET DROUGHT REMAINS major water projects have been financed through state and federal governments or through special tax assessments. This is an easier burden on lower income groups than strictly through rate structures. Orange County should develop a funding strategy for water projects that is acceptable to rate -payers and does not overly burden lower income groups. Orange County should develop a funding strategy for water projects that is acceptable to rate payers and does not overly burden lower income groups. Actions to Secure and Strengthen Supply Numerous initiatives and projects have been planned to improve and strengthen the existing supply systems: 1) water banking, 2) purchasing water rights, 3) recycling water, 4) reuse of water for potable purposes, 5) aquifer management, 6) utilization of other supplies, and 7) water efficiency. However, these projects are years behind schedule and taking an extraordinarily long time to complete. These initiatives are important to point out as efforts, but it must be noted that by themselves, they are not solutions to Orange County's water reliability. The Grand Jury's evaluation of these efforts is included in Appendix A "Local Agency Action to Secure Water Supply." The efforts to diversify the water portfolio and make the existing supply more resilient are commendable, but a new source is also needed. Effective Management of Initiatives Orange County needs an entity to champion and lead the efforts to develop a water source that will enhance the reliability of existing water supplies. Orange County water suppliers have completed and are engaged in several projects to improve the resilience of our water supply, but efforts for the whole County have been limited. A countywide effort to develop a drought -resistant source of water is necessary due to climate change. Effective countywide management of water resources would alleviate the jurisdictional issues that have hampered the development of recycled water in South County including shared use of the aquifer for all of Orange County. A Climate Resiliency District could serve this purpose. ORAgkgNJ ' GRAND JURY 2022 1 2023 7 — 19 11/3ApOl4f 57 HISTORIC RAIN, YET DROUGHT REMAINS A Climate Resiliency District is authorized by the Climate Resilience District Act, codified in California Government Code Sections 62300-62312. Section 62301 describes the legislative intent of the Act: It is the intent of the Legislature in enacting this division to provide the ability for local governments to create districts for the purpose of addressing climate change effects and impacts through activities and actions that include mitigation and adaptation, as necessary and appropriate, to achieve all of the following: (a) Providing a sustained and certain level and source of funding at the local level. (b) Allowing activities and actions on an appropriate geographic basis. (c) Facilitating the receipt and use of federal, state, local, and private funds. The purpose of the Climate Resiliency District would be to promote a project that addresses drought, including multiuse land repurposing, groundwater replenishment, groundwater storage, or conjunctive use.9 It is envisioned that a Climate Resiliency District would be capable of planning and financing water source projects such as desalination that are beyond the means of existing Orange County water agencies. There were concerns about a Climate Resiliency District expressed by some water district leaders interviewed by the Grand Jury. They stated that a Climate Resiliency District might be another level of bureaucracy that could impede the pursuit and development of their own projects. However, these concerns would carry more weight if planned projects were actually being implemented. Alternative structural entities could be a joint powers authority (JPA) created for this purpose, either spearheaded by Orange County Water District (OCWD) or Municipal Water District of Orange County (MWDOC), or a collaborative effort between both. The Joint Exercise of Powers Act, codified in California Government Code Section 6500 et seq., authorizes two or more public agencies, by agreement, to exercise any power common to the agencies to provide more effective or efficient government services or to solve a service delivery problem. A JPA could plan, finance, and implement water source and water supply projects. Similarly, Orange County Transportation Authority (OCTA) was created in 1991 to fund, plan, and implement transit and capital projects. OCTA has been successful in solving some of Orange County's transportation needs. A JPA focused on Orange County's water needs could similarly succeed. Forming a JPA to comprehensively address all of Orange County's water needs would ultimately require the cooperation of 29 entities including special water districts and cities that supply water. The political effort required for this cooperation would be significant and would require a new approach towards such collaboration. Either separately or cooperatively, OCWD or MWDOC could take the lead for the planning, financing, and implementing of water source and supply projects to the benefit ORAgkgNJ ' GRAND JURY 2022 1 2023 7 — 20 11i3Ap0lAf 57 HISTORIC RAIN, YET DROUGHT REMAINS for all of Orange County. Unifying the water districts is also a possibility, as previously reported by the 2021-2022 Grand Jury.10 Through its member agencies, MWDOC covers all of Orange County except the Cities of Anaheim, Fullerton, and Santa Ana. MWDOC has completed a comprehensive study of Orange County's water reliability needs that could serve as means to achieve a climate resilient water supply." The study covers MET system reliability and Orange County projects including desalination projects, watershed projects, and water banking projects. The study clearly identifies that Orange County is facing a water crisis, and forewarns that by the year 2030, eight out of every ten years can be expected to be dry. Based upon this study and MWDOC's countywide charter, MWDOC could accept responsibility to lead Orange County's efforts to plan, finance, and implement water source and supply projects. However, the study would need to be updated, as it is totally devoid of financing and implementation data, and it relies too much on MET efforts that are decades behind where they should be. Orange County needs a champion to lead the efforts to develop a water source and to enhance the reliability of existing water supplies. OCWD and MWDOC have planned but failed to implement a solution, and a joint powers authority requires a level of political cooperation that may not be possible with 29 separate water agencies. Therefore, the County of Orange should initiate the Climate Resiliency District to plan, finance, and implement water supply projects to meet future conditions and needs. Orange County needs a champion to lead the efforts to develop a water source and to enhance the reliability of existing water supplies ORAgkgNJ ' GRAND JURY 2022 1 2023 7 - 21 11'�Ape of 57 HISTORIC RAIN, YET DROUGHT REMAINS Public Awareness of the Need for Action Public awareness of the consequences of current and future climate change is important as a catalyst for adapting to the change. In the past several months, there have been numerous newspaper and magazine articles on water concerns in California and the Western United States. There have also been at least two television documentaries. Many local water agencies have included fact sheets and other information on their web pages and in monthly statements warning of the water "crisis". These messages have resulted in increased public awareness but more needs to be done. Public education to promote projects to address the crisis is a must. As a result of increased public awareness, water agencies have noticed a decrease in per -capita water usage. The public is using water more efficiently. However, several Grand Jury interviewees noted that we cannot conserve our way out of the drought. Solving Orange County's future water shortfall through conservation alone would require drastic changes in water usage and would likely meet strong public resistance. Additional efforts are needed to inform the public of potential lifestyle changes if additional water sources and supplies are not developed. ORAgi&LgNMGRAND JURY 2022 1 2023 7 — 22 1 1/�U?eW:�f 57 HISTORIC RAIN, YET DROUGHT REMAINS Some water agencies in Orange County have conducted public campaigns to make the public aware of the need to increase rates. The rate increases are for projects to increase the water supply and source resiliency of the agency. South Coast Water District's outreach to its customers has been most notable and enabled the District to proceed with community support for the Doheny Desalination Project. The public needs to be galvanized to move forward. The Grand Jury recommends that the County Board of Supervisors lead a countywide campaign to mobilize the public in support of new water sources that will make the supply systems more efficient and resilient. Effect on Local Economy If no new sustainable source of potable water is developed there will be an adverse impact on Orange County. While North Orange County has an underground aquifer with a substantial amount of water, South County is almost entirely dependent upon external supplies. Major strides have been made in recycling water for industrial and landscaping purposes, but there is still a shortage of potable water with the only current source of "new" water being the Doheny Desalination plant, which will take years to complete and probably not begin operations until 2028. Capital costs of building a desalination plant are generally beyond the capability of a single water district. ORAtq(61 1F GRAND JURY 2022 1 2023 7 — 23 11 57 HISTORIC RAIN, YET DROUGHT REMAINS Water supplies collected through precipitation are the most economical but the most unreliable. There are insufficient storage facilities in Orange County for capturing precipitation and there are no aquifers in South County. The State of California has mandated that municipalities create new housing opportunities, particularly low-income housing. Developers are required to install water saving features such as low -flow toilets and showers, water -saving washing machines and drought -resistant landscaping, all of which increase the cost of building. These features do not offset the effects of the drought, and experts predict an eventual shortage of water would result in a moratorium on development. Businesses and industries such as retailers, manufacturers, and theme parks rely on clean and dependable water. If they cannot depend on the local suppliers their enterprises are at risk. Homeowners, as ratepayers, are likely to see increases in their water bills due to increased costs of purchased water by the wholesalers and retailers. Severe drought, causing major reductions in river flow, has an adverse effect on hydroelectric plants resulting in shortages of power to the grid. Developing an alternative source of water (desalination) reduces the reliance on this supply for consumption, thus making more available for power generation. ... experts predict an eventual shortage of water would result in a moratorium on development. Drinking Water Obtained from the Sea South Orange County imports 90% of its drinking water, with most of it currently coming from the Colorado River. The allotment of water from the river is at serious risk and will likely be significantly reduced. In recent years, not enough precipitation has fallen to meet Orange County's drinkable water needs, and there is no way to make it rain or snow. Seawater can be made into fresh potable water in a process called desalination, one of the solutions being considered to resolve this looming crisis. However, the Grand Jury determined that desalination is not being implemented fast enough. Although ocean desalination currently requires an initial capital investment and high operating costs and raises environmental challenges, critics acknowledge it would make a significant contribution to Orange County's water portfolio.12 Desalination is being used increasingly around the world to provide people with needed freshwater.13 According to the International Desalination Association, more than 300 million people around the globe receive their water from desalination plants.14 Multiple desalination plants are under consideration in California, with only a few in operation. The Carlsbad Desalination Plant, near San Diego, provides approximately ten percent of the freshwater used in the region, and Santa Barbara is currently ORAgkgNJ ' GRAND JURY 2022 1 2023 7 — 24 11/3ApO14f 57 HISTORIC RAIN, YET DROUGHT REMAINS upgrading an older plant. Recently, two new seawater plants have received approval to begin construction: one on the Monterey Peninsula, and the Doheny Plant in Dana Point. Orange County must consider the benefits of a high -capacity facility as a means towards self-sufficiency. Current challenges to desalination include planning, construction costs, impact on marine life from saltwater intake, high energy demands, operating complexities, difficulty of cycling plants on and off, and disposal of concentrated salt brine. Desalination challenges are mitigated by creating economies of scale with high volume production and careful planning, selecting suitable locations, and technological improvements. For example, the Carlsbad plant produces 50 million gallons per day or more than 56,000 acre feet (AF) per year. The plant started operation in 2015 and reports that it produces water for'/2 cent per gallon, or $1600 per AF, in large part due to its high volume.15 For comparison, the MWDOC published rate as of January 1, 2023, is $1,209 per acre foot.16 If Orange County were to establish a similar facility, it would offset the need for imported water and allow imported water to be redirected to other Southern California communities relying on importation, such as Inland Empire. The length of time to plan, obtain permits, and construct a desalination plant can take decades. A proposed plant at Huntington Beach was in planning and permitting for over twenty years and ultimately was not approved. South Coast Water District began the initial steps for the Doheny Plant at Dana Point in 2016 and it is expected to be in operation by 2028. Unless the State of California initiates methods for expediting the planning and approval processes, it can take at least as long as these two projects for any new ocean desalination plants. The State has shown it can accelerate the approval process as evidenced by the approval of SoFi Stadium17 in record time by enacting legislation that expedited the permit and environmental requirements without compromise. It is well known that desalination has an impact on the environment, and we are fortunate to live in a state where protecting the environment is important. Engineers and water experts are researching how to integrate more renewable energy into the next generation of plants. The environmental impacts and costs of desalination should be compared against the full environmental impacts and costs of importing water from 700 miles away, not just wholesale rate costs as is usually done. Orange County cannot continue to rely on imported water, nor can it ignore the fact that there is an immediate need to take advantage of the ocean as a drought -resistant source of water. According to the Grand Jury's research and interviews, the environmental concerns, surrounding intake and outflow of saltwater, and high electricity demand are being met as evidenced by the Doheny approval, therefore allowing desalination plants to operate. Orange County should embrace desalination as a major part of an overall local plan, not just a last resort. ORAgibltq(61W IY GRAND JURY 2022 1 2023 7 - 25 1 1/�U?eo,4f 57 HISTORIC RAIN, YET DROUGHT REMAINS COMMENDATIONS South Coast Water District is to be commended for its strategic foresight. The District has recently gained approval for the Doheny Ocean Desalination Project for which they initiated feasibility studies in 2008. The plant is now anticipated to be operational in 2028. The Doheny Ocean Desalination Project is a new, reliable, local, and drought - proof water supply. The Doheny Ocean Desalination Project is the first desalination project in the State of California to be fully compliant with the California Ocean Plan.'$ Orange County Water District successfully manages the aquifer under Central and North Orange County for the benefit of multiple water suppliers. It has also built the Groundwater Recovery System (GWRS) to treat wastewater to potable levels for supplementing the aquifer. Recently, it expanded and commissioned the GWRS. The Orange County Grand Jury commends OCWD for its work. The water suppliers for Orange County have undertaking numerous initiatives to increase the resiliency of their water supplies. The Orange County Grand Jury commends these suppliers for their efforts and encourages them to continue pursuing expanded opportunities. The Orange County public has significantly reduced the per -capita water usage through conservation efforts. This is important to maximizing the water supply. The Orange County Grand Jury commends the public for these efforts. The Orange County Grand Jury commends the leadership of MWDOC and OCWD for their continued negotiations regarding merger. The Orange County Grand Jury commends the Southern California news media for their continued efforts in reporting on the critical nature of our water supply. FINDINGS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled "Historic Rain, Yet Drought Remains," the 2022-2023 Orange County Grand Jury has arrived at the 12 principal findings, as follows: F1 Future water supplies are impacted by climate change and current supplies will not meet future demands. F2 Climatologists predict future extended periods of low moisture with occasional wet years. F3 Climate change is inevitable and is exacerbated by human behavior. ORAq M I I GRAND JURY 2022 12023 7 — 26 11/�Apeo of 57 HISTORIC RAIN, YET DROUGHT REMAINS F4 South Orange County relies primarily on the importation of water. F5 Local water suppliers recognize that enhanced stormwater capture and storage, wastewater recycling, and infrastructure improvements will not be sufficient to address the long-term forecast of drought and its effects on supply. F6 There is significant water infrastructure planning, but inadequate implementation. F7 The review and approval process for major water capital projects is cumbersome and overly restrictive. F8 Failing to find solutions to water shortages will have a significant impact on the Orange County economy. F9 Continued development in Orange County creates additional water supply needs. F10 Conservation and efficient use of water is essential. F11 Increased outreach and public education are necessary. F12 Desalination has proven to be technologically and environmentally feasible and is slowly being embraced as a drought -resistant source of water. RECOMMENDATIONS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or as noted, requests) responses from each agency affected by recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled "Historic Rain, Yet Drought Remains," makes the following four recommendations: The County of Orange Board of Supervisors should take a leadership role by the end of calendar year 2023 to explore the establishment of a "Climate Resiliency District" or Joint Powers Authority to fund and expedite implementation of a drought -resistant source of water. F1, F2, F3, F4, F5, F6, F7, F8, F9, F12 Orange County water agencies should expedite the planning, development, and construction of desalination plants over the next five years to insure a sustainable and reliable drought -resistant source of water. F1, F2, F3, F4, F5, F6, F7, F8, F9, F11, F12 The County of Orange and all Orange County cities should formulate an emergency development moratorium plan in anticipation of the Colorado River water supply being constrained. The emergency moratorium plan should be developed by the end of calendar year 2023. F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 ORAtqNMGRAND JURY 2022 1 2023 7 - 27 1 1/�U?NA:�f 57 HISTORIC RAIN, YET DROUGHT REMAINS Orange County water agencies should update their public communication strategies, by calendar year end 2023, to inform the public of lifestyle changes if additional water sources are not developed. F10, F11, F12 REQUIRED RESPONSES Findings - 90 Day Response Required County of Orange Board of F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Supervisors Municipal Water District of F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Orange County Orange County Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Irvine Ranch Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Moulton Niguel Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Santa Margarita Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 South Coast Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Recommendations - 90 Day Response Required County of Orange Board of R1, R3 Supervisors Municipal Water District of R2, R4 Orange County Orange County Water District R2, R4 Irvine Ranch Water District R2, R4 Moulton Niguel Water District R2, R4 Santa Margarita Water District R2, R4 ORAtq(61 1F GRAND JURY 2022 1 2023 7 - 28 1 1/�U?eW:�f 57 HISTORIC RAIN, YET DROUGHT REMAINS Recommendations - 90 Day Response Required South Coast Water District R2, R4 REQUESTED RESPONSES Findings - 90 Day Response Requested East Orange County Water F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 District El Toro Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Anaheim F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Santa Ana F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Fullerton F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Emerald Bay Service District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Golden State Water Company F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Laguna Beach County Water F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 District Mesa Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Serrano Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Trabuco Canyon Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Yorba Linda Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of San Juan Capistrano F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of San Clemente F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Tustin F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Fountain Valley F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 ORAtq(61 1F GRAND JURY 2022 1 2023 7 - 29 1 1/�U?eW:�f 57 HISTORIC RAIN, YET DROUGHT REMAINS Findings - 90 Day Response Requested City of Westminster City of La Habra City of Brea City of Buena Park City of La Palma City of Seal Beach City of Huntington Beach City of Garden Grove City of Newport Beach Santa Ana Water Shed Project Authority Metropolitan Water District of Southern California F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 F1, F2, F3, F5, F6, F7, F8, F9, F10, F11, F12 F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Recommendations - 90 Day Response Requested East Orange County Water R2, R3, R4 District El Toro Water District R2, R3, R4 City of Anaheim R2, R3, R4 City of Santa Ana R2, R3, R4 City of Fullerton R2, R3, R4 ORAtq(61 1F GRAND JURY 2022 1 2023 7 - 30 1 1/�U?NA:�f 57 HISTORIC RAIN, YET DROUGHT REMAINS Recommendations - 90 Day Response Requested Emerald Bay Service District R2, R3, R4 Golden State Water Company R2, R4 Laguna Beach County Water R2, R3, R4 District Mesa Water District R2, R3, R4 Serrano Water District R2, R3, R4 Trabuco Canyon Water District R2, R3, R4 Yorba Linda Water District R2, R3, R4 City of San Juan Capistrano R2, R3, R4 City of San Clemente R2, R3, R4 City of Tustin R2, R3, R4 City of Fountain Valley R2, R3, R4 City of Westminster R2, R3, R4 City of La Habra R2, R3, R4 City of Brea R2, R3, R4 City of Buena Park R2, R3, R4 City of La Palma R2, R3, R4 City of Seal Beach R2, R3, R4 City of Huntington Beach R2, R3, R4 City of Garden Grove R2, R3, R4 City of Newport Beach R2, R3, R4 Santa Ana Water Shed Project R2, R3 Authority ORAtq(61 1F GRAND JURY 2022 1 2023 7 - 31 1 1/�U?eN:�f 57 HISTORIC RAIN, YET DROUGHT REMAINS Recommendations — 90 Day Response Requested Metropolitan Water District of R2, R3, R4 Southern California ORAtq(61 1F GRAND JURY 2022 1 2023 7 — 32 1 1/�4?03 f 57 HISTORIC RAIN, YET DROUGHT REMAINS GLOSSARY Acre-feet The unit of volume typically used to describe the quantity of water stored in large reservoirs and aquifers and delivered through large conveyance systems for irrigation use and for treating for public use. An acre-foot is one surface acre that is one foot deep and is equal to 325,851 gallons. Aquifer An underground layer or body of permeable rock, sediment, or soil that can store and yields water. Orange County has a large aquifer underlying North and Central County. California State Water Project (CSWP) A multi -purpose water storage and delivery system that extends more than 705 miles and includes a collection of canals, pipelines, and reservoirs to deliver water to 27 million Californians, 750,000 acres of farmland, and businesses throughout the state. Conjunctive Use Using surface water in wet years and storing as groundwater for use in dry years. Surface water is injected directly into aquifers and wells to be used as needed as part of groundwater banking or is stocked in ponds or basins and then allowed to percolate naturally into aquifers. Desalination The process of removing salt from brackish water or seawater. For the purposes of this report, desalination is used primarily in terms of sea or ocean water. Direct Potable Water Reuse The process by which recycled wastewater is treated to a high degree suitable for potable use and placed directly into potable distribution systems. California has recently created regulations for direct potable water reuse. Drought A prolonged period of low or no rainfall that causes water scarcity and affects ecosystems, agriculture, and human health. ORAtq(61 1F GRAND JURY 2022 1 2023 7 — 33 11 �e 9 f 57 HISTORIC RAIN, YET DROUGHT REMAINS Gray Water Wastewater from bathtubs, shower drains, sinks, washing machines and dishwashers; however, some plumbing codes exclude water from sink and dishwasher as being classified as gray water. Ground Water Recovery System (GWRS) Operated by Orange County Water District, the system takes highly treated wastewater that would have previously been discharged into the Pacific Ocean and purifies it to potable standards. Potable Water Reuse Indirect Treatment of water such as recycled wastewater, to a high degree suitable for potable purposes and uses an environmental buffer, such as a lake, river, or a groundwater aquifer, before the water is treated again and utilized as potable water. This process is used by Orange County Water District at GWRS to treat water and replenish the aquifer under North and Central Orange County. Recycled Water Water reuse (also commonly known as water recycling or water reclamation) reclaims water from a variety of sources then treats and reuses it for beneficial purposes such as agriculture and irrigation, potable water supplies, groundwater replenishment, industrial processes, and environmental restoration. For the purposes of this report, recycled water comes primarily from highly treated wastewater. Reverse Osmosis A process of producing pure water by forcing it through a semipermeable membrane that only allows water to pass. It is the primary method for large scale desalination and is also used as one of the final treatment steps for producing potable water from wastewater. Sustainability The long-term viability of a community or practice. Urban Runoff As commonly referred to in Orange County, surface runoff during dry weather of landscape irrigation, and car washing created by urbanization. It can also refer to the stormwater runoff over impervious surfaces (roads, parking lots and sidewalks). The concern with urban runoff is possible contamination of surface and groundwater. ORAtq(61 1F GRAND JURY 2022 1 2023 7 — 34 11 /�4?03 f 57 HISTORIC RAIN, YET DROUGHT REMAINS Water Banking The practice of forgoing water deliveries during certain periods, and "banking" either the right to use the water in the future or saving it for someone else to use in exchange for a fee or delivery in kind. Typically, in Southern California, it is stored in aquifers. Water Source As used in this report, a water source is defined as the ocean or precipitation. Water Suppliers As used in this report, water suppliers include water districts and cities that provide water to the public. Water Supply As used in this report, water supply includes water derived from a water source and that is stored, conveyed, and utilized by the public. ORAgkgNJ ' GRAND JURY 2022 1 2023 7 — 35 11'3Apeo of 57 HISTORIC RAIN, YET DROUGHT REMAINS REFERENCES • 10 You Tube Videos posted by Orange County Water District, posted between 2015 and recent • 14 YouTube Videos Posted by Municipal Water District of Orange County over last 5 years • 2 YouTube Videos posted by Santa Margarita Water District 2020 • 3 YouTube Videos regarding OC's Largest Recycled Water Reservoir posted by Santa Margarita Water District 2020 • 5 YouTube videos posted by ABC regarding OC Water issues, between 2018 and recent • A Review of Water Demands for the Orange County Water District by James Fryer, Environmental Scientist July 2016 • A Study of Deep Aquifers Underlying Orange County, United State Geological Survey 1969 • ACWA Communications Committee Water Reuse Terminology 2016 • Assessing Risk to the National Critical Functions as a Result of Climate Change, Homeland Security, 2022 o California Department of Conservation o California Department of Fish and Wildlife o California Department of Water Resources • California Department of Water Resources I Natural Resources Agency Drought In California Report 2021 • California Department of Water Resources 2022 Annual Water Supply And Demand Assessment Summary Report • California National Resources Agency Report to the Legislature on the 2012- 2016 Drought • California Natural Resources Agency Department of Water Resources 2022 Urban Community Drought Relief Grant Program Guidelines and Proposal Solicitation Package • California Natural Resources Agency Department of Water Resources 2022 Integrated Regional Water Management Grant Program Guidelines • California Senate Bill No. 852 Climate Resilience District 2021 ORAtq(61 1F GRAND JURY 2022 1 2023 7 — 36 11 /�4?0?4:�f 57 HISTORIC RAIN, YET DROUGHT REMAINS • California State Water Boards — Water Rights Frequently Asked Questions Web Page o California State Water Resources Control Board • California Water Boards - Ocean Plan Requirements for Seawater Desalination Facilities o California Water Commission • California' Water Supply Strategy — Adapting to a Hotter, Drier Future, 4 California Agencies, August 2022 • Clean Water Act Section 3 1 2(f) Application by the California State Water Resources Control Board • Climate Change 2022 Mitigation of Climate Change Intergovernmental Panel On Climate Change o Colorado River Board of California o County of Orange • Delta Flood Risk Management Delta Protection Commission State of California Assessment District Feasibility Study And Delta Levee Financing Option 2018 • EPA The Water Infrastructure Finance and Innovation Act (WIFIA) Doheny Ocean Desalination Project Funding Information • How water works in Orange County, web page by Orange County Water District https://www.cpc.ncep.noaa.gov/ https://www.drought.gov/forecasts https://www.weather.gov/riw/drought • Indicators Of Climate Change In California Fourth Edition November 2022 California Environmental Protection Agency o Irvine Ranch Water District • Local water providers, web page by Orange County Water District • Major Water Conveyance Facilities, Map by Metropolitan Water District of Southern California • Map of Orange County Water Agencies from Municipal Water District of Orange County o Mesa Water District o Metropolitan Water District of Southern California • Metropolitan Water District Presentation Emergency Conservation Program for the SWP Dependent Areas 2022 • Metropolitan Water District Water Glossary Web Page o Moulton Niguel Water District ORAtq(61 1F GRAND JURY 2022 1 2023 7 — 37 1 1/�U?eQA:�f 57 HISTORIC RAIN, YET DROUGHT REMAINS o Municipal Water District of Orange County • MWDOC 2020 Water Shortage Contingency Plan • MWDOC Announcement Newsom administration releases draft EIR to modernize Delta Conveyance • MWDOC Directors Support Legislation to Streamline Approval of Storage Projects Statement • National Oceanic and Atmospheric Administration Related Links on Climate, Drought https://www.cpc.ncep.noaa.gov/ • Numerous Related YouTube Postings • OC Water Reliability Study MWDOC 2018 • OCWD Webinar — Preparing for Maximum Stormwater Capture while Safeguarding the Region from Flooding 2022 o Orange County Water District • Orange County Water District 2018 Information Brochure • Orange County Water District Act 2018 • Orange County Water District Coastal Aquifers Merger Zones 2002 • Orange County Water District Depth to Shallow most groundwater map, 1997 • Orange County Water District Groundwater Contours Map 2020 • Orange County Water District Surface Water Recharge Facilities Map 2018 • Orange County Water District Three -Layer Basin Model Extent Map 2015 • Orange County Water District Well Locations 2018 o Others, not noted • Pacific Institute The Untapped Potential of California's Urban Water Supply: Water Efficiency, Water Reuse, and Stormwater Capture 2022 • Pacific Institute Water Resilience Brief 2021 • Public Policy Institute of California Managing California's Water From Conflict to Reconciliation 2021 • Public Policy Institute of California Paper on Storing Water 2018 o Sacramento -San Joaquin Delta Conservancy o Santa Ana Water Shed Project Authority o Santa Margarita Water District o South Coast Water District • South Coast Water District Doheny Ocean Desalination Project Water Cost Analysis Executive Summary 2021 • Stanford University Report Growth in California and Water 2012 ORAtq(61 1F GRAND JURY 2022 1 2023 7 — 38 1 1/�U?N:�f 57 HISTORIC RAIN, YET DROUGHT REMAINS • The following websites were referred to: • The Untapped Potential of California's Water Supply: Efficiency, Reuse, and Stormwater Pacific Institute June 2006 • Treehugger - What Is Desalination? How Does It Impact the Environment? 2021 • Various information regarding 2014 Water Bond • Water Advisory Committee of Orange County — monthly reports • Water Education Foundation — Conjunctive Use • Webinar OCWD A Regional Update on Southern California Water Supplies 2022 • Webinar OCWD Take It to the (Water) Bank: Ensuring Regional Water Supply Reliability 2022 o Yorba Linda Water District • You Tube Posting, OCSD Replenishing precious Ground Water, Black and Vetch, 2013 • YouTube Posting, Michelson Water Recycling Plant, Irvine Ranch Water District 2009 • YouTube Video, Research in Action, Orange County Water District Reuse, posted by the Water Research Foundation 2022 ORAtq(61 1F GRAND JURY 2022 1 2023 7 — 39 1 1/�U?eo-41 f 57 HISTORIC RAIN, YET DROUGHT REMAINS APPENDIX A: ACTIONS BY LOCAL AGENCIES TO SECURE SUPPLY Water Banking: Water banking may help with droughts but is only a part of the solution and it has yet to prove itself. Water banking is being pursued Metropolitan Water District and various water suppliers. Simply put, water banking is a voluntary, market -based tool that could facilitate water transactions between willing sellers and buyers. Water right owners, who are willing to free up some of their water in a particularly dry year or years, would temporarily lease it to those who simply cannot afford to be without water. Water banking also takes water during periods when it is available and stores it. Banking water during wet years provides water districts with a cushion of protection during droughts. It also conserves any unused water, rather than letting it run out to the sea or be lost to evaporation. The storage is usually done in aquifers and generally not within the individual agencies area. The water banking agreements can be complex and depend upon broad cooperation among various agencies for delivery and storage. SARCCUP Water Bank Storage Chinoi ),ow R�.0a,do San Elsinore ., no a.soo�.Como, 1 Storage, 137,000 AF • s.�e..�..e�.a ` s 7 /vinaton IN 0 \e.aro.e O..ny. County ColEw.t.. Conjunctive use is a catchphrase for coordinated use of surface water and groundwater. The state considers water banking a "conjunctive use" and encourages such uses.19 On a statewide level, California has 517 groundwater basins. Stanford's Water in the West institute estimates that the capacity of underground water storage in California is at least 20 times greater than that of the state's reservoirs and lakes. However, the means to store surplus water and return it in dry years is lacking. The Sustainable Groundwater Management Act of 2014 has created the opportunity to expand recharge basins and banking particularly in agricultural areas but to date, action is lagging. ORAgi ltq(6WF GRAND JURY 2022 1 2023 7 — 40 1 1/�U?eQA:�f 57 HISTORIC RAIN, YET DROUGHT REMAINS SARCCUP Facilities �7 • s Welly • -. s _ ^dn ® do Cannon Campbell PS �000 • Santa Ana Rrver » Mtn Ave West q • a Recharge Rasm tartnaRcmrm..mtrrnnmt . ".Tffm�rrrnrzrrnTm rt take several years. The largest water banking project underway that affects Orange County is the Santa Ana River Conservation and Conjunctive Use Program (SARCCUP). It is a regional program that involves several agencies in Orange County, Riverside County, and San Bernardino County. While a logical program to undertake, there are technical and distribution issues that must be worked out and these items may A more controversial banking program is the Cadiz project. The Cadiz Water Project is a water supply project to manage the groundwater basin underlying -. . a portion of the Cadiz and Fenner Valleys in California's Mojave Desert. At least one water agency in Orange County has considered this program as a potential_'_- -_ source of water to meet their needs. The program has been promoted since 1997 and has yet to move forward. There are several environmental concerns with the program and concerns about transferring water between basins, particularly one under a desert. The Cadiz project currently is not viable supply of water. There are criticisms of water banking and its effect on local communities. A Georgetown Environmental Law Review article in March 2022 stated, "While advocates of water banking believe its market -based approach will efficiently allow a reduction of use of water, especially during droughts, opponents may cite some examples of how letting the market take over may be detrimental to local communities." Such concerns are valid and need to be considered prior to relying on water banking as the only solution to ensure water supply during times of drought. Purchase of water rights Temporary transfers of water from one water user to another have been used increasingly as a way of meeting statewide water demands, particularly in drought years. This has been done through the purchase of water rights. There are numerous articles concerning the possible negative effects of this practice, including the effects on less wealthy communities and agricultural. Due to these concerns, this practice should be limited. Farms in western Arizona are growing alfalfa - one of the most water- ORAtq(61 1F GRAND JURY 2022 1 2023 7 — 41 1 1/�U?N:�f 57 HISTORIC RAIN, YET DROUGHT REMAINS intensive crops — in an area where there's a shortage of water. Some farms are foreign - owned and are shipping the crop to Saudi Arabia, where it's illegal to grow because it takes too much water.20 Water sources cannot be bought or sold but the water taken from a lake, river, stream, or creek, or from underground supplies for a beneficial use, requires you have a water right.21 The right to use that water can be conveyed on a temporary basis. Temporary transfers of water from one water user to another have been used increasingly as a way of meeting water demands, particularly in drought years. During interviews, the Grand Jury found the purchase of water rights to be widespread. Agencies stated the cost of acquiring water rights is significantly less than developing new sources. The practice includes asking agricultural users to allow their land to lay fallow. There are numerous articles about making the agriculture industry more efficient. These effects, if they occur, will take time and be costly. Taking water from a major industry to satisfy urban demands is inherently wrong and will not solve the problem of extended drought. Recycling Water Recycled water offers Orange County a way to reduce water requirements but is limited by the amount of wastewater that can be recycled which in turn is dependent upon available water supply. It is an important piece of Orange County water resiliency but not a solution itself. Recycled water is wastewater that has been treated to a level acceptable for landscaping and certain other industrial uses. The regulations regarding the use and stand for treatment of recycled water are referred to as Title 22.22 Orange County has been a leader in recycling of water through Orange County Water District and Irvine Ranch Water District.23 Irvine Ranch Water District reports that 25% of the water it supplies is recycled. Recycled water replaces the need for using potable water. Currently, various water districts are expanding their recycling systems by constructing additional reservoirs and distribution systems. The cities and water districts in Orange County have also been active in sponsoring legislation that supports recycling of water. South Orange County Wastewater Authority (SOCWA) treats and distributes for reuse roughly six billion gallons of water every year.24 However, not all SOCWA treatment plants are recycling as much as feasible, most notably the JB Latham Treatment Plant does not recycle any treated wastewater. During the interviews, different agencies noted there are jurisdictional friction that is being worked on to increase recycling and potentially water reuse in South Orange County. The Grand Jury strongly encourages cooperation or mergers that would increase recycling in South Orange County. ORAgi&LgNX�GRAND JURY 2022 1 2023 7 — 42 1 1/�U?eQAf 57 HISTORIC RAIN, YET DROUGHT REMAINS In summary, water recycling is an important part of Orange County's water supply and needs to be utilized to the maximum extent. However, it will not resolve water resiliency issues by itself and it relies on existing sources of water. Reuse of Water for Potable Purposes Reusing wastewater for potable purposes is an important part of North Orange County's water portfolio. Orange County Water District produces 130 million gallons of indirect reuse water per day. However, the amount reused water is dependent upon the diminishing supplies within Orange County. Water reuse is used to enhance water security, sustainability, and resilience. The process of using treated wastewater for drinking water is called potable water reuse. Potable water reuse provides another option for expanding a region's water supply portfolio. There are two types of potable water reuse: • Indirect potable reuse: Uses an environmental buffer, such as a lake, river, or a groundwater aquifer, before the water is treated at a drinking water treatment plant. • Direct potable reuse: Involves the treatment and distribution of water without an environmental buffer.25 Orange County Water District has been providing indirect potable reuse. In the mid- 1990s, OCWD began the planning and construction that created the Groundwater Replenishment System to produce indirect potable water. The process built upon an earlier process to produce water to prevent groundwater intrusion. The process took over ten years to implement and the system is working well. However, it should be noted as being limited because it relies upon a declining supply and it is a lengthy process. Interviewees have noted that OCWD is considering direct potable reuse. The State of California is currently enacting regulations to enable direct potable reuse. One of the advantages of direct potable reuse is the elimination of the loss due to evaporation at the percolation ponds and the efficiency of direct use. In summary, water reuse is a vital part of the portfolio of water for Orange County to insure water resiliency. Water reuse should also be expanded to the practical extent possible. The time to complete such projects is lengthy and needs to be started immediately. However, reuse is only part of the water needed by Orange County and the source problem needs to be addressed. Aquifer Management Managing the aquifer underneath North Orange County created a highly resilient source of water, but it is challenged by the climate change. The main and supplemental supplies of water are diminishing with less precipitation. The use of the aquifer for wet ORAkq(6 W1 GRAND JURY 2022 1 2023 7 — 43 11 �e 9 f 57 HISTORIC RAIN, YET DROUGHT REMAINS weather storage has not met it potential due to challenges in trapping rainwater and runoff. The aquifer has not been made a regular source of water for all of Orange County which could ease South Orange County's supply problems. The aquifer supplies approximately 72% of the water for North and Central Orange County. The aquifer is primarily supplied by runoff in the Santa Ana River and supplemented with water from the OCWD's Groundwater replenishment project and water purchased through MWDOC and MET. OCWD has done well managing the aquifer for North and Central Orange County with existing flows. It has also taken steps to increase the supply of water by working with the Corps of Engineers to better manage the flow of water in the Prado Reservoir, expanding the groundwater replenishment system, and participating in the Santa Ana River Conservation and Conjunctive Use Program .26 All of these steps reinforce the ability of the basin to supply water but do not in themselves assure an increased supply water. South Orange County can only receive water during times of emergencies but does not have regular access to the water. Interviewees noted there was a lack of ability to move water to South Orange County. Because South Orange County is almost 100% dependent upon water imported from MET, this is highly problematic during drought. The Santa Ana River water basin covers San Bernardino and Riverside Counties as well as Orange County. q The Santa Ana Watershed Project Authority (SAWPA) works to maintain the •. water quality in the Santa Ana River and is actively working on drought responses. According to its web IF site, "SAWPA's work in Figure 4.3-1. Water Retail Service Areas in the Santa Ana River Watershed the Santa Ana River Watershed advances projects and programs that build water resiliency and promote collaborative, innovative responses to water planning, all of which help address drought conditions. "27 SAWPA also prepared a water shed management plan.28 ORAkq(61 1F GRAND JURY 2022 1 2023 7 — 44 11 /�U?eQ :�f 57 HISTORIC RAIN, YET DROUGHT REMAINS Weather modification and promoting water efficiency are the primary drought responses of SAWP. Through weather modification (cloud seeding) it hopes to achieve 5% more precipitation in specific types of storms. The water efficiency approach is to help implement water use efficiency programs and conservation -based rate structures.29 We were provided with no specifics regarding what percentage can be saved, but through interviews the Grand Jury learned that the savings are between 15% to 30%. None of the initiatives by SAWPA are likely to have an impact on water supplies during prolonged California drought. Interviewees consistently stated that we cannot conserve our way out of a drought. Adding to the concern about the Santa Ana River ground water supply basin is the Inland Empire's future demands on the water. Development is rapidly taking place and surface water sources and water agencies are recycling water to greater degrees rather than discharging treated wastewater to the Santa Ana River.30 The Inland Empire communities are largely dependent upon Metropolitan Water District supplies which are subject to drought. Orange County Water District only has rights to withdrawing an adjudicated amount of 34,000-acre feet of water from the Santa Ana River. This is approximately half of the 70,000-acre feet typically used to manage the aquifer levels. OCWD typically purchases 30% of the water added to the aquifer from MWDOC. The water MWDOC supplies comes from Metropolitan Water District (MET). During late 2022, MET reduced the water from Northern California Sources to 5% of previous amounts. The water MET receives from the Colorado River is endangered as discussed elsewhere. In summary, the Central and North Orange County aquifer has limits on its ability to supply water to Orange County. These include dependencies on water from Metropolitan Water District, which has had problems supplying water, and a potentially dwindling supply of water from the Santa Ana River. The aquifer is not a supply of water for South Orange County. The aquifer limitations reinforce the need for Orange County to provide for a more drought -resistant supply of water. ORAtq(61 1F GRAND JURY 2022 1 2023 7 — 45 1 1/�U?eQAf 57 HISTORIC RAIN, YET DROUGHT REMAINS Utilization of other supplies Besides the North/Central Orange County aquifer and those obtained from Metropolitan Water District, there are other insignificant supplies of water. These include surface water captured in Irvine Lake and the San Juan Creek Groundwater Basin in South Orange County. Neither of these are significant supplies of water. Water Efficiency to Increase Supply Orange County Water Districts have found they can reduce the immediate need for increasing water supplies by more efficient use of water. This certainly stretches the water supplies, but it is limited in its ability. Future water needs will require more than just efficient water use. During the recent drought from 2011 to late 2022, Orange County Water Suppliers reduced the per -capita water use significantly by more efficient water use and conservation. This has allowed development to continue to occur even as the water supply was reduced. Irvine Ranch Water District (IRWD) customers reduced their water use from 89 gallons per capita in 2007 to 67 gallons per capita in 2021.31 The area served by IRWD is a newer area where much of the landscaping is irrigated by recycled water and is drought tolerant. The IRWD also has extensive use of water saving plumbing in homes. Older areas of Orange County have also reduced per -capita water use. North and Central Orange County reduced water use from 330 acre-feet in water year 1999-2000 to 230 acre-feet in water year 2022-202332while the population grew slightly.33 Water efficiency savings have been achieved by adopting water saving devices, changes in landscape practices, greater recycling of water, tiered water rates (higher users, higher rates) and the public's participation. Water suppliers have worked with users to identify the need for greater efficiency by promoting these changes. The State of California also mandated a 20 percent reduction in urban per -capita water use by 2020 in the Water Conservation Act of 2009. The change to efficient use of water will need to become the future standard as water supplies diminish and as housing development increases. However, it is not reasonable to expect greater efficiency to make up for the reduction in supply caused by climate change. Several of the interviewees and many of the reference documents the Grand Jury reviewed stated Orange County cannot conserve its way out of a drought. Besides the significant reduction in per -capita water use, greater savings may be made by more drastic changes in lifestyle. None of the information supplied by water suppliers and reviewed by the Grand Jury addressed these changes. As an example of lifestyle changes, areas such as Phoenix and Las Vegas have either adopted or are in the process of adopting drastic restrictions on landscape water use as a long-term ORAtq(6 W1 GRAND JURY 2022 1 2023 7 — 46 11 /�U?eQ :? f 57 HISTORIC RAIN, YET DROUGHT REMAINS climate mitigation. Among these restrictions is a moratorium on development by restricting new water connections.34 Continue efficient water use is needed for the future. Orange County has made significant changes in per -capita water use by being efficient, but any additional savings will only come through changes to lifestyle. This needs to be made clear to residents if additional efficiency is to be achieved, but even additional efficiency will not mitigate the effects of climate on Orange County's current water supply. Ocean desalination is recommended as the ultimate answer to an untapped source of water and can secure Orange County's future. APPENDIX B: graphics of interest Metropolitan Water District of Southern California, Municipal Water District Orange County and Orange County Water District Information Sheets COLORADO RIVER AQUEDUCT (CRA) DIAMOND VALLEY LAKE (DVL) LONG MONTHS OF EMERGENCY SUPPLY 2417) MILES LONG Located in Riverside County, near Hemet. DVL is Southern California s largest drinking water reservoir. DVL nearly The Colorado River is an essential doubles Southern California's surface storage and provides six water Supply for Orange County- months of emergency water supplies for the region, protecting it against water shortages caused by drought and earthquakes. The CRA transports water 242 DVL measures 4.5 miles long and over 2 miles wide, with a miles west from Lake Havasu on maximum depth of 285 feet. The lake holds up to 264 billion gallons of water and is home to one of 16 hydroelectric plants the CaliforniafArizona border to along the MWD distribution system. Lake Mathews in Riverside County. Pitt t- . Owned and operated by MWD, the CRA began delivering water to southern California in 1941 and was the largest public works - - project in southern California w_ during the Great Depression. STATE WATER PROJECT 4p� I i Five pumping plants push water 700+ through the aqueduct and up over MILES LONG 1,617 feet of mountainous terrain. The State Water Project (SWP) is a water storage and delivery system that facilitates the transfer of water from the lakes and rivers of Northern California to residential communities, agricultural districts, l and businesses in the San Francisco Bay area, Central Valley, and Southern California. The SWP is the largest state built water delivery and power generation - system in the nation, consisting of more than 3D lakes and reservoirs, j >) over 20 water pumping plants, 5 hydroelectric power plants, several dams, and over 700 hundred miles f of canals and pipelines. s' ORAg6LgN lY GRAND JURY 2022 1 2023 7 — 47 1 1/?'h?eQAf 57 HISTORIC RAIN, YET DROUGHT REMAINS WATER RECLAMATION Wastewater has become _ an important source of water for California. Wastewater is processed at a water reclamation facility to remove solids and impurities, increasing the quality of water. The water, now clean, can be used for a variety of applications. Reclaimed water is used for irrigation, toilet flushing, industrial purposes, and groundwater replenishment. DIEMER WATER TREATMENT PLANT nt v ! i Anaheim Orange arden Groyp 'F Santa Ana Fountain Valley ntington'es Irvine Beach Costa Mesa_ Rancho! ��_ Santa �t. Margarita Newport Lake Forest Beach y Mission +.� Viejo i Laguna N piuel Planned Storm 4 Water Capture (Dots) �r The Robert B. Diemer Treatment Plant (Diermer) is located in Yorba Linda. The plant's hilltop location is well suited for gravity -flow distribution of water to homes and businesses throughout Los Angeles and Orange counties. Most water brought to Diem.er for treatment comes from the Colorado River via the 242-mile long Colorado River Aqueduct- To a lesser degree, the plant also receives water from Northern California through the State Water Project- Diemer delivers up to 520MILLION GALLONS of clean drinking water a day to Orange and Los Angeles counties. Three Study Regions in Orange County Based on Ux of Local and Imported Water Sources L f � mxwor� J �rip � o„ngeca„ry,m[a,osmttc�+5/ WW�C BreaA_a He6ra o 2.0 � =owes w'r &Rih 0—M Canh ORAgitq(61W 4Y GRAND JURY 2022 1 2023 7 — 48 11 /�U?eQ:�f 57 HISTORIC RAIN, YET DROUGHT REMAINS � Snawmeh Treated Wastewater Wastewater muMEN MEN 2.5 Million Water Users MWD Direct S1Uif1 ��'il HE YY vwn nip `WICJ�� Treemd .dg Tn Local Groundwater 6eain 8 Re+.yded Water for Irrigation 600,000 Water Users ORAtq(61 1F GRAND JURY 2022 1 2023 7 — 49 11/�U?eQ :: f 57 HISTORIC RAIN, YET DROUGHT REMAINS BIBLIOGRAPHY Abigail M. Johnson, Water Banking: A Potential Solution or Misguided Idea, Georgetown Law Review, March 13, 2022 Adam Beam, State debates what to do with water from recent storms, Associated Press Article, February 15, 2023 Alastair Bland, Colorado River water users convening amid crisis concerns, Associated Press Article, December 13, 2022 Alastair Bland, Is California's drought over? Water providers still predict shortages next year, Cal Matters, December 13, 2022 Alejandra Borunda, The drought in the western U.S. could last until 2030, National Geographic , October 27, 2022 Allison Armstrong, Information Officer, New Report Shows Continued Water Conservation Is Key to Enabling Suppliers to Meet Demand, State Department of Water Resources, November 28, 2022 Amelia Bates, Tribes in the Colorado River Basin are fighting for their water. States wish they wouldn't, High Country News, November 16, 2022 Amie Davis, Better Than Running Out of Water — Desalination Plants in Australia, The Guardian, September 19, 2019 Andy Restrepo, Is the California drought over? What's the situation after the latest snowstorms?, USA Today, February 28, 2023 Annie Snyder, Shrinking Colorado River hands Biden his first climate brawl, Poltico, February 4, 2023 Avery Arena, The Colorado River Is in Crisis. It's Not Just About Water., Slate, February 14, 2023 Ben Tracy, Investors Buying Water Rights, CBS Evening News, January 31, 2023 Brandon Pho, Is Poseidon's Huntington Beach Desal Plant Proposal Gone for Good?, Voice of Orange County, July 6, 2022 Brendan O'Leary, California reservoirs are taking radical new steps to save rainwater before droughts: `We need to prepare', NPR, January 30, 2023 ORANGE COUNTY GRAND JURY 2022 1 2023 Page 48 of 57 City Council 7 — 50 11/21/2023 HISTORIC RAIN, YET DROUGHT REMAINS Brooke Staggs, Key vote for Doheny desalination plant coming Thursday, Orange County Register, October 11, 2022 Brooke Staggs, Coastal Commission approves ocean desalination plant off Orange County coast, Orange County Register, October 14, 2022 Brooke Staggs, County, Cities fall short on climate change planning, Orange County Register, January 26, 2023 Brooke Staggs, Doheny desalination plant in Dana Point clears final regulatory hurdle, Southern California News Group - OCR, December 9, 2022 Brooke Staggs, Lake (Big Bear) has risen 2 feet in week, but its still low, Orange County Register, January 21, 2023 Brooke Staggs, Mesa Water digs deep to sustain district, Orange County Register, July 26, 2022 Brooke Staggs, New federal funds will help Southern California weather megadrought, Orange County Register, August 19, 2022 Caleigh Wells, This climate solution saves water and creates solar energy, KCRW, November 28, 2022 Camille von Kaenel, Shrinking Colorado River hands Biden his first climate brawl, POLITICO, February 23, 2023 Christopher Flavelle, As the Colorado River shrinks, Washington prepares to spread the pain, New York Times, January 30, 2023 Clara Harter, Kristy Hutchings, Tyler Shaun Evans, Water officials issue warning, Orange County Register, December 15, 2022 Contributing Editor, VP Touts Water Conservation, Orange County Register, January 21, 2023 Craig Miller and Paul Helliker, California's water supply goes beyond the current drought, Orange County Register, June 18, 2022 Dan Walters, California may reallocate shrinking water supply, Cal Matters, October 18, 2022 Dan Walters, Opinion - Another step toward agreement on California's water, Cal Matters, November 16, 2022 Daniel Amarante and Daniel Manzo, Extreme drought nearly eliminated in California in wake of atmospheric rivers, ABC News, January 12, 2023 Daniel Gligich, Valadao rolls out sweeping overhaul of Calif. water policy, The San Joaquin Valley Sun, January 10, 2023 ORANGE COUNTY GRAND JURY 2022 1 2023 Page 49 of 57 City Council 7 — 51 11/21/2023 HISTORIC RAIN, YET DROUGHT REMAINS Daniel Porter, Why Isn't Desalination the Answer to All California's Water Problems? The New Humanitarian, December 15, 2015 Don Thompson, Water use drops 10% in July as state deals with drought, Orange County Register, September 8, 2022 Editorial Board, Editorial - Consolidate water boards in our region, Orange County Register, October 28, 2022 Editorial Board, Editorial - Desal plant rightly gets the green light, Orange County Register, October 26, 2022 Editorial Board, Editorial - Flooding shows the need for storage, Orange County Register, January 4, 2023 Editorial Panel, Editorial — States Climate Strategy Lacks Clear Direction, Orange County Register, January 17, 2023 Editorial Panel, Opinion — Water is a Terrible Thing to Waste, Los Angeles Times, January 18, 2023 Edward Ring, Opinion - Harvesting the deluge is an opportunity for Californians,— California Policy Center, January 12, 2023 Elizabeth Weise and Dinah Voyles-Pulvec, Are California's storms normal, or is climate change making them worse? What experts say., USA Today, January 10, 2023 Elizbeth Weise, Water crisis in West: Massive reservoir Lake Powell hits historic low water level, USA Today, February 20, 2023 Emily Pontecorvo, The West's Biggest Source of Renewable Energy Depends on Water. Will it Survive the Drought? Gist, October 18, 2022 Ethan Baron, Keeping California's head above water - Scientist helps companies adapt to growing risk of drought, flood and climate change, Bay Area News Group, January 15, 2023 George Skelton, Opinion Column: Shrinking water supply will mean more fallow fields in the San Joaquin Valley, Los Angeles Times, February 20, 2023 Gianna Melillo, Here's how California is trying to hold on to its rainwater, The Hill, January 17, 2023 Gina Ayala — Media Contact, Four Pfas Treatment Facilities In Orange Begin Operation, Treating Up To 7,500 Gallons Of Water Per Minute, Orange County Water District Press Release, October 10, 2022 ORANGE COUNTY GRAND JURY 2022 1 2023 Page 50 of 57 City Council 7 — 52 11/21/2023 HISTORIC RAIN, YET DROUGHT REMAINS Greg Hass, Lake Mead and Lake Powell are swelling. Here is what that means for the water supply, The Hill, April 21, 2023 Gregory Pierce, Nicholas Chow, Kyra Gmoser-Daskalakis, Peter Roquemore, and Nichole Heil, Analyzing Southern California Supply Investments from a Human Right to Water Perspective, UCLA Luskin Center for Innovation Part of The Proposed Poseidon Ocean Water Desalination Plant in Orange County, UCLA Review, April 2019 Haley Smith and Ian James, Drought emergency declared for all Southern California, Los Angeles Times, December 14, 2022 Haley Smith, Los Angeles is running out of water, and time. Are leaders willing to act? Los Angeles Times, October 13, 2022 Haley Smith, Nearly 20% of California water agencies could see shortages if drought persists, state report shows, Los Angeles Times, November 30, 2022 Haley Smith, Recent storms give drought -weary California cause for hope, but will they continue? Los Angeles Times, December 13, 2022 Haley Smith, Water savings just a drop, experts say, Los Angeles Times, September 16, 2022 Haley Smith, With all this rain and snow, can California really still be in a drought? Look deeper, Los Angeles Times, February 22, 2023 Hayley Smith, They used to call California ocean desalination a disaster. But water crisis brings new look, Los Angeles Times, November 7, 2022 Hayley Smith, Why Southern California is still imposing water restrictions despite so much rain, Los Angeles Times, February 6, 2023 Ian James, Depletion of groundwater is accelerating in California's Central Valley, study finds, Los Angeles Times, December 27, 2021 Ian James, Growing fears of `dead pool' on Colorado River as drought threatens Hoover Dam water, Los Angeles Times, December 16, 2022 Ian James, Molly Hennessy-Fiske, Sean Greene, Gina Ferazz, The Colorado River is Overused and Shrinking, Los Angeles Times Continuing Articles, February 1, 2023 Ian James, More water restrictions likely as California pledges to cut use of Colorado River supply, Los Angeles Times, October 6, 2022 Jake Bittle, Water thieves abound in dry California. Why are they so hard to catch? Grist, December 1, 2022 ORANGE COUNTY GRAND JURY 2022 1 2023 Page 51 of 57 City Council 7 — 53 11/21/2023 HISTORIC RAIN, YET DROUGHT REMAINS Jeff Gritchen, Before and After Photos Irvine Lake, Local Irvine Publications, January 25, 2023 Jelena Jezdimirovic and Ellen Hanak, How California's Water Bond Is Being Spent, Public Policy Institute of California, December 2017 Jess Thomson, Is Lake Mead Filling Back Up? Newsweek, February 1, 2023 Joel B. Pollok, Lake Mead and Lake Powell, Reservoir Article, Los Angeles Times, February 5, 2023 John Addison, Lessons from Orange County, California's water strategy, Greenbiz - John Addison, Meeting of the Minds, January 2, 2019 Jonathan J. Cooper and Kathleen Ronayne, Arizona's Kelly slams California on Colorado River use, Associated Press, October 27, 2022 Joshua Frank, The Truth About the California Water Crisis, Counterpunch, June 15, 2022 Jules Bernstein, From drought to deluge: What's next for California? PhysOrg, April 10, 2023 Julia Jacobo and Daniel Manzo, Megadrought out West expected to intensify, expand east: NOAA, ABC News, April 21, 2022 Julia Jacobo, Are rising water prices amid the Western megadrought inevitable? Yes, but it's complicated, experts say, ABC News, June 13, 2022 Julia Jacobo, Bodies of water all over North America are drying up due to drought, climate change: Experts, ABC News, October 19, 2022 Julia Jacobo, Southwest experiencing driest conditions in at least 1,200 years due to climate change, new study finds, ABC News, February 14, 2022 Julia Sizek with Kim Stringfellow, The Trouble with Cadiz, The Mojave Dispatch reporting on Mojave Project, February 2018 Karen Breslau, Mark Chediak and Kim Chipman, Recent storms show risk in state's outdated plumbing, Bloomberg, Reprinted Orange County Register, January 15, 2023 Kathleen Ronayne and Suman Naishadham, California releases its own plan for Colorado River cuts, Associated Press Article, February 1, 2023 Kathleen Ronayne, Audit: State too slow to fix contaminated water systems, AP in Orange County Register, July 27, 2022 ORANGE COUNTY GRAND JURY 2022 1 2023 Page 52 of 57 City Council 7 — 54 11/21/2023 HISTORIC RAIN, YET DROUGHT REMAINS Kathleen Ronayne, California should invest tens of billions of dollars in water recycling, storage and desalination over the next two decades to shore up its supply as the state gets drier and hotter, Gov. Gavin Newsom said in a proposal released Thursday., Associated Press, August 11, 2022 Kathleen Ronayne, State plans for scaled back giant water tunnel, Associated Press, July 28, 2022 Keith Schneider, Lack of water may doom shift to desert living, New York Times, January 1, 2023 Kurt Snibbe, As Orange County is increasing restrictions on water use, it may not feel like it, but drought here is less severe than many places around the world, Orange County Register, August 27, 2022 Kurt Snibbe, Here's why the desalination plant in Doheny was approved and Huntington Beach's wasn't, Orange County Register, October 23, 2022 Larry Wilson, Editorial No wet people without wetlands, Orange County Register, September 5, 2022 Laura Baisas, We're only 8 years away from stronger El Nino and La Nina events, Popular Science, November 18, 2022 Lior Novik, There will be no water shortage in Israel, Jerusalem Post, May 5, 2023 Loren Sommer, Emily Kwong, Rebecca Ramirez, Berly McCoy, California's flooding reveals we're still building cities for the climate of the past, National Pubic Radio, January 20, 2023 Martin Wisckol, Cost of Poseidon desalinated water gets renewed scruting, Orange County Register, March 31, 2022 Mike Anderson, Graham Fogg, Susan De Anda, Ellen Hanak, 3 reasons why California's drought isn't really over, despite all the rain, National Public Radio, March 23, 2023 Ned Kleiner, Op -Ed: Why California wasn't prepared for the atmospheric rivers, Los Angeles Times, January 25, 2023 News Editor, California's drought disaster is turning into an economic disaster: `It's unprecedented', Fox News, December 6, 2022 Nihar Patel, Drought -stricken CA increasingly turning to desalination of ocean water, National Public Radio, November 28, 2022 OCWD Members, Water Supply Reliability Expected to Improve at Prado Dam, Association of California Water Agencies, August 25, 2021 ORANGE COUNTY GRAND JURY 2022 1 2023 Page 53 of 57 City Council 7 — 55 11/21/2023 HISTORIC RAIN, YET DROUGHT REMAINS Paul Cook, 1 billion gallons of rainwater captured at Irvine Lake, Irvine Standard, February 2023 Paul Rogers, Newsom calls for funding for water, Bay Area News Group, August 11, 2022 Rachel Becker, Another California desalination plant approved — the most contentious one yet, Cal Matters, November 17, 2022 Rachel Becker, How Can California Boost Its Water Supply? Cal Matters, November 7, 2022 Rachel Becker, Tunnel vision: What's next for the governor's plan to re -plumb the Delta? Cal Matters, June 22, 2022 Rachel Ramirez, More than 70 water agencies in California could face water shortages in the coming months, state report shows, CNN, December 1, 2022 Raquel Becker, Four in a row: California drought likely to continue, Cal Matters, September 28, 2022, Water savings go only so far State needs 'all of the above' drought strategy, mayor says, Los Angeles Times, September 2, 2022 Raymond Zhong, Officials warn of coming California megastorm, New York Times, August 15, 2022 Rene Marsh, This California city paid $1.1 million to keep faucets running through March as the price of water skyrockets, CNN, November 1, 2022 Rob Jordan, Reasons for hope amid California's drought, Water in the West News, October 27, 2021 Robert Reid, The new1.6 billion gal. reservoir is the largest facility of its kind in Orange County and the first to be constructed there in decades., American Society Civil Engineers CE Magazine, October 2022 Robyn White, Lake Mead Water Levels Over Time Shown in Before and After Pictures, Newsweek, January 3, 2023 Robyn White, Lake Mead Water Levels Over Time Shown in Before and After Pictures, Los Angeles Times, January 3, 2023 Robyn White, Why Is the Colorado River Drying Up? Newsweek, December 21, 2022 Sammy Roth, These farmers dominate the Colorado River. Cross them at your own peril, Boiling Point republished Los Angeles Times, January 19, 2023 Sammy Roth, Want to solve climate change? Open more land to solar, industry leader says, Los Angeles Times, December 1, 2022 ORANGE COUNTY GRAND JURY 2022 1 2023 Page 54 of 57 City Council 7 — 56 11/21/2023 HISTORIC RAIN, YET DROUGHT REMAINS Sammy Roth, Want to solve climate change? This California farm kingdom holds a key, Los Angeles Times, January 17, 2023 Sharon Udasin , DRIED UP: In California, desalination offers only partial solution to growing drought, The Hill, December 5, 2022 Staff Drinking water from the sea, THE WEEK, February 17, 2023 Staff, Remarkable recovery at Northern California's most beleaguered reservoir, CBS San Francisco, February 19, 2023 Staff, Sites Reservoir Is a Solution to California's Megadrought, South Coast Water District, November 5, 2022 Stan Metz and Felicia Fonseca, Deadline looms for western states to cut Colorado River use by about 15%, Associated Press, August 17, 2022 Stephen Katz, For Potable Reuse, Innovation Drives Adaptation, Waterworld, December 2022 Steven Greenhut, Editorial - Enviros just want to make everyonemiserable, Orange County Register, January 15, 2023 Steven Greenhut, Editorial - Will Our State Get Water Policy Right, Orange County Register, July 31, 2022 Stuart Snell, World -first major desalination field study finds minimal marine impact, UNSW Sydney, September 20, 2018 Teri Sforza, Build more houses! Use less water! California, can you have it both ways? Orange County Register, July 18, 2022 Teri Sforza, Editorial You're not saving enough water, Southern California, Orange County Register, July 11, 2022 Teri Sforza, One OC water agency fights for its life in face of consolidation desires, Orange County Register, February 10, 2023 Teri Sforza, Who are Orange County's biggest water or wasters? Here's the list, Orange County Register, August 14, 2022 Teri Sforza, Who's cracking down on water wasters in OC? Orange County Register, November 23, 2022 Thomas Elias, Opinion - California will resist bullying along the Colorado River, Letter in Los Angeles Times, February 17, 2023 ORANGE COUNTY GRAND JURY 2022 1 2023 Page 55 of 57 City Council 7 — 57 11/21/2023 HISTORIC RAIN, YET DROUGHT REMAINS Times Editorial Board, Editorial: An unfair plan to cut California's use of Colorado River water, Los Angeles Times, February 26, 2023 Tom Coleman, Editorial Water Conservation is not enough, Orange County Register, January 1, 2023 Various, A Water War Is Brewing Over the Dwindling Colorado River, Washington Post, December 27, 2022 White, Robyn, Biden Says Climate Change Could Dry Up Colorado River. Is It Possible? Newsweek, March 15, 2023 NOTICE Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. ENDNOTES 1 The Groundwater Replenishment System - Providing Water for The Future. 2003-2004; Water Budgets, Not Water Rationing 2007-2008; "Paper Water" — Does Orange County Have A Reliable Future? 2008-2009; Orange County Water Sustainability: Who Cares? 2012-2013; Sustainable and Reliable Orange County Water Supply: Another Endangered Species? 2013-2014; Increasing Water Recycling: A Win -Win for Orange County 2014-2015 2 Metropolitan Water District Web Site See Metropolitan Water District Web Site MWD I Homepage (mwdh2o.com) 3 See Metropolitan Water District Web Site https://www.mwdh2o.com 4 California Department of Water Resources State Water Project Web Page State Water Project (ca.gov) 5Washington Examiner Article "$2.7 billion bond fund to build water reservoirs sits idle in California" dated August 16, 2021 6 Natural Resources Bond Accountability Web Page Proposition One (ca.gov) California Environmental Protection Agency — Indicators of Climate Change in California — 4th Addition, California's Water Supply Strategy — Adapting to A Hotter, Drier Future — Introduction — August 2022. ORANGE COUNTY GRAND JURY 2022 1 2023 Page 56 of 57 City Council 7 — 58 11/21/2023 HISTORIC RAIN, YET DROUGHT REMAINS 8 Newsom calls for funding for water — Bay Area News Group Article dated August 11, 2022 9 California Government Code (Beginning with Section 62300) to Title 6 of the Government Code 10 Water in Orange County Needs "One Voice" Orange County Grand Jury Report 2021-2022 11 018 OC Study Report Final Report-02-01-2019 td with apendices.pdf (mwdoc.com) 12 See Treehugger Sustainability for All article dated April 15, 2021 13 United States Geological Survey Web Page on Desalination I U.S. Geological Survey (usgs.gov) 14 International Desalination Association web page IDA I The Global Desalination and Water Reuse Community (idadesal.org) 15 Claude Lewis Carlsbad Desalination Plant, "Homepage." https://www.carlsbaddesal.com 16 Municipal Water District of Orange County webpage Water Rates and Charges I MWDOC " SoFi Stadium is a sports and entertainment destination built in Inglewood, California 'g Ocean Plan Requirements for Seawater Desalination Facilities by the California Water Boards — State Water Resources Control Board 19 Conjunctive Use - Water Education Foundation 20 Ben Tracy, Saudi company draws unlimited Arizona ground water amid drought, CBS News 21 California State Water Control Boards Web Site — Water Rights Page 22 Water Recycling and Title 22 - Water Education Foundation 21 50 Years of Recycled Water (irwd.com) 24 Recycled Water I SOCWA 25 Potable Water Reuse and Drinking Water I US EPA 26 Drought - Orange County Water District (ocwd.com) 27 Drought Response - SAWPA - Santa Ana Watershed Project Authority 28 Wic07Aone-one-watershed-plan-update.pdf (OCWD.com) 29 Water Conservation Portal - California Statutes I California State Water Resources Control Board 30 Recycled Water Service - Eastern Municipal Water District (emwd.org) 31 See Irvine Range Water District web site IRWDis 32 See Water Advisory Committee of Orange County Water Supply Report Dated March 3, 2023 33 USA Facts Orange County, CA population by year, race, & more I USAFacts 34 Water shortages threaten development throughout the West — AZMirrow Article dated June 10, 20 ORANGE COUNTY GRAND JURY 2022 1 2023 Page 57 of 57 City Council 7 — 59 11/21/2023 MAYOR Valerie Amezcua MAYOR PRO TEM Jessie Lopez COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez November 21, 2023 CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org The Honorable Judge Maria Hernandez Presiding Judge of the Superior Court 700 Civic Center Drive West Santa Ana, CA 92701 Dear Judge Hernandez, ACTING CITY MANAGER Steven Mendoza CITY ATTORNEY Sonia R. Carvalho CITY CLERK Jennifer L. Hall Via E-mail and U.S. Mail The City of Santa Ana hereby submits its response to the findings and recommendations in the 2022- 2023 Orange County Grand Jury report, "Historic Rain, Yet Drought Remains." The City of Santa Ana (City) thanks the Orange County Grand Jury for the significant time and effort that was invested to evaluate the important issues of water supply and drought in Orange County. We appreciate the Grand Jury's recommendations of possible solutions and we look forward to being a part of the solution. The City of Santa Ana is the sole water purveyor for all of its 320,000-plus residents and the businesses it serves. The City is unique in that it is one of the three Orange County founding member agencies of Metropolitan Water District (MWD), a member of Orange County Water District (OCWD), and contracts with Municipal Water District of Orange County (MWDOC) for various conservation programs and regional services. Given our level of involvement with all three of these agencies, we are committed to doing what it takes to protect the reliability of our water supply and delivery system for the future. The City appreciates the opportunity to provide feedback and comments on the 2022-2023 Orange County Grand Jury Report. Per the 2022-2023 Orange County Grand Jury's request, and in accordance with Penal Code 933.05, below are the City's responses to findings F1, F2, F3, F4, F5, F6, F7, F8, F9, F 10, F 11, F 12, and Recommendations R2, R3, and R4. SANTA ANA CITY COUNCIL Valerie Amezcua Jessie Lopez Thai Viet Phan Benjamin Vazquez Phil Became Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tem, Ward 3 Ward 1 Ward 2 Ward 4 Ward 5 Ward 6 vamezcua(a�santa-ana.ora doenalozaO-Santa-ana.om City Council 7 — 60 11/21/2023 November 21, 2023 Honorable Maria Hernandez, Presiding Judge Page 2 FINDINGS F1 — Future water supplies are impacted by climate change and current supplies will not meet future demands. RESPONSE: Differ Partially with this Finding Future water supplies are likely impacted by climate change. However, the City does not agree with "current supplies will not meet future demands." OCWD successfully manages the local groundwater aquifer for the benefit of multiple water suppliers, including the City. The City's water supply portfolio current comprises of 85% groundwater supplies and 15% imported water. Based on this diversified portfolio, the City is well positioned for water supply reliability in the face of potential climate change impacts on water supply. In addition, at this point in time, local and imported water supplies are in good condition and the groundwater basin is effectively full. F2 — Climatologists predict future extended period of low moisture with occasional wet years. RESPONSE: Concur Partially with this Finding The City agrees that some climatologists predict future extended period of low moisture with occasional wet years, while others may have varying opinions. F3 — Climate change is inevitable and is exacerbated by human behavior. RESPONSE: Concur Partially with this Finding The City agrees climate is constantly changing, but the City does not have the expertise to comment on the impact of human behavior on the climate. F4 — South Orange County relies primarily on the importation of water. RESPONSE: Concur with this Finding The City agrees with this finding. F5 — Local water suppliers recognize that enhanced storm water capture and storage, wastewater recycling, and infrastructure improvements will not be sufficient to address the long-term forecast of drought and its effects on supply. RESPONSE: Disagree with this Finding The City does not agree with this finding. Current City's water portfolio is sufficient for addressing water supply needs. F6 — There is significant water infrastructure planning, but inadequate implementation. RESPONSE: Disagree with this Finding The City does not agree with this finding with respect to the OCWD service area. OCWD has planned and implemented numerous projects that maximize the utility and annual yield of the groundwater basin. SANTA ANA CITY COUNCIL Valerie Amezcua Jessie Lopez Thai Viet Phan Benjamin Vazquez Phil Became Johnathan Ryan Hernandez David Penaloza Mayor Ward 6 vamezcua(a�santa-ana.ora Cit s' na.or tphan(a.santa-ana.ora bvazauez(c santa�rc G4 pbacerra(a)santa-ana.om irvanhemadd&�;. Nt*ft9)of04 dpenaloza(a�santa-ana.om November 21, 2023 Honorable Maria Hernandez, Presiding Judge Page 3 F7 — The review and approval process for major water capital projects is cumbersome and overly restrictive. RESPONSE: Concur with this Finding The City generally concurs with this statement and would support regulatory and California Environmental Quality Act (CEQA) reform measures to quicken the permitting process for infrastructure projects. F8 — Failing to find solutions to water shortages will have significant impact on the Orange County economy. RESPONSE: Concur with this Finding The City concurs with this finding if such were to occur. F9 — Continued development in Orange County creates additional water supply needs. RESPONSE: Differ Partially with this Finding The City differs partially with this finding. The water demands within the City of Santa Ana have decreased by 30% over the past 10 years despite continued development and population changes. F10 — Conservation and efficient use of water is essential. RESPONSE: Concur with this Finding The City concurs with this finding. F11— Increased outreach and public education are necessary. RESPONSE: Concur with this Finding The City concurs with this finding and actively promotes outreach and education. F12 — Desalination has proven to be technologically and environmentally feasible and is slowly being embraced as a drought -resistant source of water. RESPONSE: Concur with this Finding The City agrees that ocean desalination can play a vital role in securing additional and future water supply reliability. SANTA ANA CITY COUNCIL Valerie Amezcua Jessie Lopez Thai Viet Phan Benjamin Vazquez Phil Became Johnathan Ryan Hernandez David Penaloza Mayor Ward 6 vamezcua(a�santa-ana.ora Cit s' na.or tphan(a.santa-ana.ora bvazauez(c santa�rc G� pbacerra(a)santa-ana.om irvanhemadd&�;. Nt*ft9)of04 dpenaloza(a�santa-ana.om November 21, 2023 Honorable Maria Hernandez, Presiding Judge Page 4 RECOMMENDATIONS RI - The County of Orange Board of Supervisors should take leadership role by the end of calendar year 2023 to explore the establishment of a "Climate Resiliency District" or Joint Powers Authority to fund and expedite implementation of a drought -resistant source of water (F1, F2, F3, F4, F5, F6, F7, F8, F9, F12). RESPONSE NOT REQUESTED The Orange County Grand Jury did not request a response from the City regarding this recommendation. R2 - Orange County Water agencies should expedite the planning, development, and construction of desalination plants over the next five years to insure a sustainable and reliable drought -resistant source of water (F1, F2, F3, F4, F5, F6, F7, F8, F9, F11, F12). RESPONSE: The recommendation requires further analysis The City agrees partially with the recommendation and it requires further analysis. The City supports the development of desalination plants depending upon the water supply circumstances, needs, and resources of individual water agencies and cities. Other water supply alternatives may prove to be beneficial and cost-effective as well, but ultimately, the responsibility for expediting desalination primarily falls in the domain of State and Federal authorities. R3 - The County of Orange and all Orange County cities should formulate an emergency development moratorium plan in anticipation of the Colorado River water supply being constrained. The emergency moratorium plan should be developed by the end of the calendar year 2023 (F1, F2, F3, F4, F5, F6, F7, F8, F9, F11, F12). RESPONSE: The recommendation will not be implemented The City disagrees and will not be implementing this recommendation. A Colorado River shortage would affect various Orange County cities differently and a moratorium on development would likely have more adverse impacts than the theoretical shortage. Moratoriums placed on development could have significant negative impacts on housing needs, employment, and local economy. R4 - Orange County water agencies should update their public communication strategies, by calendar year end 2023, to inform the public of lifestyle changes if additional water sources are not developed (1710, F11, 12). RESPONSE: The recommendation requires further analysis It is not known if lifestyle changes will be necessary within Orange County if additional water sources are not developed. The City will continue to actively monitor the availability of imported and local water supplies, and other issues to determine if additional water supplies are needed in the future. The City will continue to update communications with the public for conservation through educational and outreach purposes. SANTA ANA CITY COUNCIL Valerie Amezcua Jessie Lopez Thai Viet Phan Benjamin Vazquez Phil Became Johnathan Ryan Hernandez David Penaloza Mayor Ward 6 vamezcua(a�santa-ana.ora Cit s' na.or tphan(a.santa-ana.ora bvazauez(c santa�rc G'] pbacerra(a)santa-ana.om irvanhemadd&�;. Nt*ft9)of04 dpenaloza(a�santa-ana.om November 21, 2023 Honorable Maria Hernandez, Presiding Judge Page 5 The City of Santa Ana thanks you for the opportunity to weigh in on this important matter. We believe it is a practice of good governance to periodically review, reflect on, and evaluate how we conduct business and best serve our community. The City of Santa Ana looks forward to continued collaboration on this issue and discovering answers that will be satisfactory to all. Sincerely, Steven Mendoza Acting City Manager Attachments: Staff report dated November 21, 2023 and related exhibits SANTA ANA CITY COUNCIL Valerie Amezcua Jessie Lopez Thai Viet Phan Benjamin Vazquez Phil Became Johnathan Ryan Hernandez David Penaloza Mayor Ward 6 vamezcua(a�santa-ana.ora Cit s' na.or tphan(a.santa-ana.ora bvazauez(c santa�rc GA pbacerra(a)santa-ana.om irvanhemadd&�;. Nt*ft9)of04 dpenaloza(a�santa-ana.om Finance and Management Services www.santa-ana.org/finance Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Periodic Quarterly Report of Investments as of September 30, 2023 AGENDA TITLE Receive and File Quarterly Report of Investments as of September 30, 2023 RECOMMENDED ACTION Receive and file Quarterly Report of Investments as of September 30, 2023. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION California Code Section 53646 (b) states that if a quarterly report is rendered to the legislative body, the quarterly investment report shall be submitted within 45 days following the end of the quarter covered by the report. In an effort to meet the statutory requirement, Finance & Management Services Agency (FMSA) submits the Report via email for review and distribution to the City Council in advance. The report was emailed for distribution on October 30, 2023. The legislation specifies that this quarterly report contain the seven major elements listed below: 1. Type of investments 2. Date of maturity 3. Par and dollar amounts invested in each security 4. Weighted average maturity of the investments 5. Market value as of the date of the report 6. Source of the market value information 7. Any funds, investments, or programs, including loans, under the management of contracted parties These specifications include a statement outlining the ability of the City to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. Staff performs an end -of -month expenditure analysis to comply with the expenditure requirement and a statement confirming the ability to meet this requirement in the monthly and quarter -ending Treasurer's Report. The information is in compliance with State law and the City's Investment Policy. The attached Treasurer's Report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City as of September 30, 2023. City Council 8-1 11/21/2023 Quarterly Report of Investments November 21, 2023 Page 2 The attached Cash held by Bank and Cash held by Fund(s) Listing (Exhibit 2) is a schedule of cash by funds added to the monthly and quarterly Report of Investments to enhance FMSA's reporting and transparency. The following tables represent: (1) percentage limits set by the City's Investment Policy and State Law and shows respective City investment portfolio investment types, amounts, and percentages; and (2) the restricted cash balance as of September 30, 2023. Type of Investment Amounts Invested $ Portfolio % COSA Policy Limits State Law Limits o Certificates of Deposit (CDs) $6,696,000 1.44% 30% 30% Federal Farm Credit Bank (FFCB) $54,424,085 11.70% None None Federal Home Loan Bank (FHLB) $229,371,209 49.30% None None Federal Home Loan Mortgage Corp. (FHLMC) $48,971,750 10.53% None None Federal National Mortgage Association (FNMA) $59,484,750 12.79% None None Local Agency Investment Fund (LAIF) $13,702,036 2.95% None None Local Agency Investment Fund (LAIF — ARPA) $47,589,190 10.23% None None U.S. Treasury $4,990,000 1.07% None None Sub- Total: $465,229,020 100% None None Cash : $32,346,231 Total: $497,575,251 Restricted Cash In $ Restricted Cash t $13,542,964 Total $13,542,964 t Restricted cash is held by various Trustees such as Bank of New York Mellon; US Bank; Signature Bank; and State of California Condemnation Fund. Restricted Cash is segregated from cash used for daily operations. The following City investment portfolio graph represents percentages within the respective investment tvl,es as of September 30. 2023. U.S. Treasury 1.07% LAIF 2.95% LAIF(ARPA) 10.23% FNMA 12.79% FHLMC 10.53% City of Santa Ana Investment Portfolio September 2023 —' f CD 1.44 % FFCB 11.70% FHLB 49.30% City Council 8-2 11/21/2023 Quarterly Report of Investments November 21, 2023 Page 3 The following table represents, as of September 30, 2023, the aggregate Average Market. Aggregate Average Market Yield To Date Average Month To Date (AMTD) 1 1.663% Cash held by Bank and Cash by Fund(s) Listing (Exhibit 2) The above -referenced exhibit (Exhibit 2) includes a comparison of bank balances between each City Cash account including Investments; Cash held at a City designated financial institution; Cash on Hand; and Restricted Cash versus the Cash held by various Fund(s). EXHIBIT(S) 1. Treasurer's Report 2. Cash Held by Bank and Cash Fund(s) Listing Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Steven A. Mendoza, Acting City Manager City Council 8-3 11/21/2023 EXHIBIT 1 City of Santa Ana Portfolio Management Portfolio Summary September 30, 2023 Par Market Book % of Days to YTM/C Investments Value Value Value Portfolio Term Maturity Certificates of Deposit 6,696,000.00 5,991,173.67 6,696,000.00 1.44 1,653 1,005 1.181 Local Agency Investment Funds 13,702,035.99 13,702,035.99 13,702,035.99 2.95 1 1 3.534 Cash in Banks 47,589,190.42 47,589,190.42 47,589,190.42 10.23 1 1 3.353 Federal Agency Coupon Securities 382,675,000.00 354,313,132.25 382,610,705.25 82.24 1,576 283 1.296 Federal Agency Discount Securities 10,000,000.00 9,743,100.00 9,641,088.89 2.07 248 187 5.482 Treasury Coupon Securities 5,000,000.00 4,864,050.00 4,990,000.00 1.07 837 273 1.839 465,662,226.41 436,202,682.33 465,229,020.55 100.00% 1,334 254 1.663 Investments Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 32,346,230.73 32,346,230.73 32,346,230.73 498,008,457.14 468,548,913.06 497,575,251.28 Total Earnings September 30 Month Ending Fiscal Year To Date Current Year 678,351.41 2,358,463.66 0.000 1,334 254 1.663 Average Daily Balance 521,417,323.42 557,988,023.95 Effective Rate of Return 1.58% 1.68% This report contains all the required information in SB 866 and SB 564 and accurately reflects all pooled investments held during this reporting period on behalf of the City and the City of Santa Ana acting on behalf of the Community Redevelopment Agency. The information reported herein is in compliance with State law and the City's Investment Policy. Based on liquidity of investments, the City of Santa Ana is able to meet budgeted expenditure requirements for the next six months, barring any catastrophic natural disasters. Market pricings are obtained through the City's third party trust services at BNY Mellon Trust. Finance & Mgmt Services Agency, Reporting period 09/01/2023-09/30/2023 Portfolio COSA CID Run Date: 10/20/2023 F_PM1) 7.3.11 p City Council 8-4 11 /21 /202&PortVer. 7.3.11 City of Santa Ana Portfolio Management Portfolio Details - Investments September 30, 2023 Page 1 CUSIP Investment # Average Issuer Balance Purchase Date Par Value Market Value Book Value Stated Rate YTM/C 360 YTM/C 365 Days to Maturity Maturity Date Certificates of Deposit 06417NF73 14051 BANK OZK 11/12/2021 248,000.00 218,534.33 248,000.00 0.600 0.592 0.600 954 05/12/2026 02568KAJ4 14043 American Equity Bank 11/26/2021 248,000.00 218,758.07 248,000.00 0.700 0.690 0.700 969 05/27/2026 70962LAV4 14050 PENTAGON FCU 11/10/2021 248,000.00 216,904.35 248,000.00 1.000 0.986 1.000 1,136 11/10/2026 549104ZS9 14046 LUANA SAVINGS BK 11/05/2021 248,000.00 214,497.66 248,000.00 0.600 0.592 0.600 1,131 11/05/2026 87165FD76 14047 SYNCHRONY BANK 11/05/2021 248,000.00 218,005.62 248,000.00 1.100 1.085 1.100 1,131 11/05/2026 02589ABT8 14078 AMERICA EXPRESS NATL BK 03/16/2022 248,000.00 222,112.02 248,000.00 2.000 1.973 2.000 1,262 03/16/2027 15721UET2 14044 CFBANK 11/10/2021 248,000.00 218,267.75 248,000.00 0.850 0.838 0.850 1,013 07/10/2026 32022EAUO 14065 FIRST FEDERAL 12/29/2021 248,000.00 226,624.83 248,000.00 0.850 0.838 0.850 698 08/29/2025 88413QDE5 14056 THIRD FEDERAL S&L 11/24/2021 248,000.00 229,277.84 248,000.00 0.800 0.789 0.800 600 05/23/2025 07371AH22 14084 BEAL BANK PLANO TX 03/30/2022 248,000.00 223,957.19 248,000.00 2.250 2.219 2.250 1,270 03/24/2027 38149MR47 14064 GOLDMAN SACHS 12/22/2021 248,000.00 224,598.15 248,000.00 1.000 0.986 1.000 813 12/22/2025 856285YQ8 14057 ST BK INDIA NY 11/29/2021 248,000.00 217,810.61 248,000.00 1.150 1.134 1.150 1,156 11/30/2026 14042TEP8 14079 CAPITAL ONE BANK 03/16/2022 248,000.00 222,107.96 248,000.00 2.000 1.973 2.000 1,262 03/16/2027 59013KPNO 14049 MERRICK BANK 11/09/2021 248,000.00 217,602.07 248,000.00 1.100 1.085 1.100 1,135 11/09/2026 30781JAWO 14054 FARMERS & MERCHANTS 11/19/2021 248,000.00 215,571.50 248,000.00 0.850 0.838 0.850 1,145 11/19/2026 05580AH64 14061 BMW BANK OF NA 12/17/2021 248,000.00 234,375.90 248,000.00 0.950 0.937 0.950 443 12/17/2024 45776NEN2 14062 INSBANK 12/20/2021 248,000.00 219,433.48 248,000.00 0.900 0.888 0.900 992 06/19/2026 58404DMQ1 14063 MEDALLION BK UT 12/20/2021 248,000.00 217,809.92 248,000.00 1.250 1.233 1.250 1,177 12/21/2026 89235MMB4 14052 TOYOTA FINANCIAL 11/12/2021 248,000.00 217,850.22 248,000.00 1.100 1.085 1.100 1,138 11/12/2026 292079AR1 14045 EMPIRE ST BK NA 11/12/2021 248,000.00 219,493.74 248,000.00 0.900 0.888 0.900 1,016 07/13/2026 07371CT25 14085 BEAL BANK USA 03/30/2022 248,000.00 223,957.19 248,000.00 2.250 2.219 2.250 1,270 03/24/2027 73319FBJ7 14053 POPPY BANK 11/17/2021 248,000.00 215,313.20 248,000.00 0.800 0.789 0.800 1,143 11/17/2026 320337EZ7 14048 FIRST GENERAL BK 11/05/2021 248,000.00 231,396.05 248,000.00 0.500 0.493 0.500 493 02/05/2025 39573LCCO 14055 GREENSTATE CU 11/23/2021 248,000.00 224,580.81 248,000.00 0.900 0.888 0.900 785 11/24/2025 61768U3U9 14082 MORGAN STANLEY PVT BANK 03/31/2022 248,000.00 223,931.40 248,000.00 2.250 2,219 2.250 1,276 03/30/2027 61773TCX9 14083 MORGAN STANLEY PVT BANK 03/31/2022 248,000.00 223,931.40 248,000.00 2.250 2.219 2.250 1,276 03/30/2027 795451BAO 14060 SALLIE MAE BANK 12/15/2021 248,000.00 234,470.41 248,000.00 1.000 0.986 1.000 442 12/16/2024 Subtotal and Average 6,696,000.00 6,696,000.00 5,991,173.67 6,696,000.00 1.165 1.181 1,005 Local Agency Investment Funds LAIFCITY LAIFCITY Local Agency Investment Fund 13,702,035.99 13,702,035.99 13,702,035.99 3.534 3.486 3.534 1 Subtotal and Average 23,368,702.66 13,702,035.99 13,702,035.99 13,702,035.99 3.486 3.534 1 Cash in Banks LAIF ARPA LAIF ARPA Local Agency Investment Fund 47,589,190.42 47,589,190.42 47,589,190.42 3.353 3.307 3.353 1 Portfolio COSA CP Run Date: 10/20/2023 - 1AAQ City Council 8-5 11/21/20 3, F_PM2) 7.3.11 Report Ver. 7.3.11 City of Santa Ana Portfolio Management Portfolio Details - Investments September 30, 2023 Page 2 CUSIP Investment # Average Issuer Balance Purchase Date Par Value Market Value Book Value Stated Rate YTM/C 360 YTM/C Days to Maturity 365 Maturity Date Subtotal and Average 86,509,164.62 47,589,190.42 47,589,190.42 47,589,190.42 3.307 3.353 1 Federal Agency Coupon Securities 3133EJ5W5 13868 Federal Farm Credit Bank 01/29/2019 925,000.00 923,492.25 924,195.25 2.650 2.634 2.670 22 10/23/2023 3133EKBW5 13876 Federal Farm Credit Bank 03/04/2019 3,000,000.00 2,965,620.00 2,998,740.00 2.610 2.583 2.619 149 02/27/2024 3133EK3M6 13934 Federal Farm Credit Bank 10/23/2019 5,000,000.00 4,989,100.00 5,003,650.00 1.625 1.584 1.606 22 10/23/2023 3133ELX33 13974 Federal Farm Credit Bank 07/22/2020 6,000,000.00 5,524,380.00 6,000,000.00 0.690 0.681 0.690 660 07/22/2025 3133EMBH4 13988 Federal Farm Credit Bank 09/29/2020 5,000,000.00 4,558,150.00 5,000,000.00 0.530 0.523 0.530 729 09/29/2025 3133EMFR8 13991 Federal Farm Credit Bank 11/03/2020 5,000,000.00 4,533,550.00 4,997,500.00 0.540 0.543 0.550 764 11/03/2025 3133EMSU7 14005 Federal Farm Credit Bank 03/09/2021 4,000,000.00 3,598,440.00 4,000,000.00 0.800 0.789 0.800 890 03/09/2026 3133EMUP5 14006 Federal Farm Credit Bank 04/01/2021 6,000,000.00 5,592,180.00 6,000,000.00 0.710 0.692 0.701 548 04/01/2025 3133EMWH1 14016 Federal Farm Credit Bank 04/21/2021 5,000,000.00 4,657,600.00 5,000,000.00 0.710 0.700 0.710 568 04/21/2025 3133EM2C5 14032 Federal Farm Credit Bank 08/10/2021 6,000,000.00 5,301,780.00 6,000,000.00 0.710 0.700 0.710 1,044 08/10/2026 3133ENPBO 14075 Federal Farm Credit Bank 02/16/2022 3,500,000.00 3,182,375.00 3,500,000.00 2.180 2.150 2.180 138 02/16/2027 3133ENUH1 14086 Federal Farm Credit Bank 04/12/2022 2,000,000.00 1,890,200.00 2,000,000.00 3.330 3.284 3.330 1,289 04/12/2027 3133ENVV9 14088 Federal Farm Credit Bank 05/03/2022 3,000,000.00 2,839,260.00 3,000,000.00 3.630 3.580 3.630 1,310 05/03/2027 3130AFW94 13873 Federal Home Loan Bank 02/27/2019 2,000,000.00 1,977,820.00 1,996,220.00 2.500 2.506 2.541 135 02/13/2024 3130AB3H7 13889 Federal Home Loan Bank 04/29/2019 3,000,000.00 2,959,620.00 2,999,250.00 2.375 2.348 2.380 159 03/08/2024 3130AKPQ3 13996 Federal Home Loan Bank 01/28/2021 4,000,000.00 3,595,000.00 4,000,000.00 0.580 0.572 0.580 27 01/28/2026 313OAKU53 13997 Federal Home Loan Bank 01/28/2021 5,000,000.00 4,487,250.00 5,000,000.00 0.520 0.513 0.520 27 01/28/2026 313OAKN69 13998 Federal Home Loan Bank 01/28/2021 6,000,000.00 5,382,120.00 6,000,000.00 0.500 0.493 0.500 119 01/28/2026 3130ALA53 13999 Federal Home Loan Bank 02/25/2021 5,000,000.00 4,481,800.00 5,000,000.00 0.600 0.592 0.600 55 02/25/2026 3130ALBM5 14001 Federal Home Loan Bank 02/24/2021 5,000,000.00 4,485,050.00 5,000,000.00 0.625 0.616 0.625 54 02/24/2026 3130ALB52 14002 Federal Home Loan Bank 02/25/2021 5,000,000.00 4,655,450.00 5,000,000.00 0.375 0.370 0.375 147 02/25/2025 3130ALDZ4 14003 Federal Home Loan Bank 03/10/2021 4,000,000.00 3,725,800.00 4,000,000.00 0.500 0.493 0.500 70 03/10/2025 3130ALKN3 14004 Federal Home Loan Bank 03/24/2021 4,000,000.00 3,807,240.00 4,000,000.00 0.500 0.493 0.500 84 09/24/2024 3130ALLP7 14007 Federal Home Loan Bank 03/29/2021 6,000,000.00 5,596,260.00 5,997,000.00 0.650 0.658 0.667 77 03/17/2025 3130ALW67 14008 Federal Home Loan Bank 04/22/2021 5,000,000.00 4,514,350.00 5,000,000.00 1.100 1.085 1.100 21 04/22/2026 3130AMYUO 14024 Federal Home Loan Bank 06/30/2021 6,000,000.00 5,375,400.00 6,000,000.00 1.050 1.036 1.050 90 06/30/2026 3130AMYCO 14025 Federal Home Loan Bank 06/30/2021 6,000,000.00 5,413,800.00 6,000,000.00 1.000 0.986 1.000 90 03/30/2026 3130AMSFO 14026 Federal Home Loan Bank 06/28/2021 6,000,000.00 5,774,880.00 6,000,000.00 0.400 0.395 0.400 88 06/28/2024 3130ANFU9 14027 Federal Home Loan Bank 07/29/2021 5,000,000.00 4,442,250.00 5,000,000.00 0.850 0.838 0.850 1,032 07/29/2026 3130ANFGO 14028 Federal Home Loan Bank 08/18/2021 5,000,000.00 4,479,300.00 5,000,000.00 0.875 0.863 0.875 48 05/18/2026 3130ANE30 14029 Federal Home Loan Bank 07/29/2021 5,000,000.00 4,483,000.00 5,000,000.00 0.500 0.493 0.500 28 07/29/2026 3130ANHV5 14033 Federal Home Loan Bank 08/19/2021 5,000,000.00 4,709,750.00 5,000,000.00 0.550 0.542 0.550 445 12/19/2024 3130ANPE4 14034 Federal Home Loan Bank 08/26/2021 6,000,000.00 5,506,860.00 6,000,000.00 0.700 0.690 0.700 330 08/26/2025 3130ANQ78 14035 Federal Home Loan Bank 08/27/2021 6,000,000.00 5,323,020.00 6,000,000.00 0.900 0.888 0.900 1,061 08/27/2026 3130AP3E3 14036 Federal Home Loan Bank 09/30/2021 5,000,000.00 4,446,450.00 5,000,000.00 0.820 0.809 0.820 1,095 09/30/2026 Portfolio COSA CP Run Date: 10/20/2023 - 1 A A Q F_PM2) 7.3.11 City Council 8-6 11/21/2023 City of Santa Ana Portfolio Management Portfolio Details - Investments September 30, 2023 Page 3 CUSIP Investment # Issuer Average Balance Purchase Date Par Value Market Value Book Value Stated Rate YTM/C 360 YTM/C 365 Days to Maturity Maturity Date Federal Agency Coupon Securities 3130ANX62 14037 Federal Home Loan Bank 09/30/2021 5,000,000.00 4,611,050.00 5,000,000.00 0.650 0.641 0.650 90 06/30/2025 3130APB79 14038 Federal Home Loan Bank 09/30/2021 5,000,000.00 4,435,100.00 5,000,000.00 1.000 0.986 1.000 1,095 09/30/2026 3130AP3A1 14039 Federal Home Loan Bank 09/29/2021 5,000,000.00 4,454,850.00 4,998,750.00 0.850 0.848 0.860 89 06/29/2026 3130APB46 14040 Federal Home Loan Bank 10/13/2021 10,000,000.00 8,844,500.00 10,000,000.00 0.950 0.937 0.950 12 10/13/2026 3130APQC2 14041 Federal Home Loan Bank 11/23/2021 5,000,000.00 4,847,650.00 5,000,000.00 0.750 0.740 0.750 53 05/23/2024 3130APQB4 14042 Federal Home Loan Bank 11/23/2021 5,000,000.00 4,480,700.00 5,000,000.00 1.500 1.479 1.500 22 11/23/2026 3130APVC6 14058 Federal Home Loan Bank 12/14/2021 5,000,000.00 4,460,900.00 4,997,500.00 1.375 1.382 1.401 61 12/01/2026 313OAQAB9 14059 Federal Home Loan Bank 12/30/2021 3,750,000.00 3,364,800.00 3,750,000.00 1.625 1.603 1.625 90 12/30/2026 313OAQLQ4 14069 Federal Home Loan Bank 01/27/2022 5,000,000.00 4,473,900.00 5,000,000.00 1.650 1.628 1.650 26 01/27/2027 313OAQKM4 14070 Federal Home Loan Bank 01/28/2022 1,500,000.00 1,346,505.00 1,500,000.00 1.750 1.726 1.750 27 01/28/2027 313OAQNRO 14071 Federal Home Loan Bank 01/27/2022 3,000,000.00 2,693,280.00 3,000,000.00 1.750 1.726 1.750 26 01/27/2027 313OAQSA2 14072 Federal Home Loan Bank 02/10/2022 5,000,000.00 4,495,850.00 5,000,000.00 1.830 1.805 1.830 40 02/10/2027 313OAQW33 14073 Federal Home Loan Bank 02/24/2022 5,000,000.00 4,519,500.00 5,000,000.00 2.020 1.992 2.020 54 02/24/2027 313OAQYA5 14074 Federal Home Loan Bank 02/28/2022 1,500,000.00 1,366,155.00 1,500,000.00 2.250 2.219 2.250 54 02/24/2027 3130ARA35 14076 Federal Home Loan Bank 03/24/2022 3,000,000.00 2,852,880.00 3,000,000.00 2.000 1.973 2.000 84 03/24/2025 3130ARC82 14077 Federal Home Loan Bank 03/29/2022 3,000,000.00 2,738,760.00 3,000,000.00 2.100 2.071 2.100 1,275 03/29/2027 3130ARR60 14087 Federal Home Loan Bank 04/29/2022 2,000,000.00 1,929,560.00 2,000,000.00 3.100 3.058 3.100 28 04/29/2025 3130ASLJ6 14090 Federal Home Loan Bank 06/29/2022 20,000,000.00 19,885,400.00 20,000,000.00 3.100 2.028 2.056 89 12/29/2023 3130AVCNO 14092 Federal Home Loan Bank 03/13/2023 2,000,000.00 1,998,460.00 2,000,000.00 5.375 5.301 5.375 164 03/13/2024 3130AVDB5 14093 Federal Home Loan Bank 03/30/2023 2,000,000.00 1,982,160.00 2,000,000.00 6.000 5.918 6.000 179 03/28/2028 3130AWBL3 14102 Federal Home Loan Bank 05/30/2023 10,000,000.00 9,997,900.00 10,000,000.00 5.250 5.250 5.323 29 10/30/2023 3130AVB84 14103 Federal Home Loan Bank 07/28/2023 4,000,000.00 3,990,840.00 3,991,400.00 5.250 5.368 5.443 348 09/13/2024 3134GVQX9 13962 Federal Home Loan Mortgage Co. 05/05/2020 5,000,000.00 4,642,950.00 4,995,000.00 0.700 0.711 0.720 582 05/05/2025 3134GVVX3 13964 Federal Home Loan Mortgage Co. 05/28/2020 5,000,000.00 4,635,550.00 4,998,750.00 0.750 0.747 0.757 58 05/28/2025 3134GVR26 13967 Federal Home Loan Mortgage Co. 06/25/2020 6,000,000.00 5,540,940.00 6,000,000.00 0.700 0.690 0.700 268 06/25/2025 3134GVT99 13968 Federal Home Loan Mortgage Co. 06/30/2020 6,000,000.00 5,545,380.00 6,000,000.00 0.650 0.641 0.650 638 06/30/2025 3134GV5R5 13979 Federal Home Loan Mortgage Co. 07/15/2020 6,000,000.00 5,768,700.00 6,000,000.00 0.570 0.562 0.570 14 07/15/2024 3134GWUE4 13987 Federal Home Loan Mortgage Co. 09/30/2020 5,000,000.00 4,554,900.00 5,000,000.00 0.500 0.493 0.500 90 09/30/2025 3134GW4Z6 13989 Federal Home Loan Mortgage Co. 10/27/2020 6,000,000.00 5,451,420.00 6,000,000.00 0.540 0.533 0.540 26 10/27/2025 3134GXJL9 13995 Federal Home Loan Mortgage Co. 12/30/2020 6,000,000.00 5,400,600.00 6,000,000.00 0.500 0.493 0.500 90 12/30/2025 3134GYZ21 14105 Federal Home Loan Mortgage Co. 08/02/2023 4,000,000.00 3,952,680.00 3,978,000.00 5.000 5.221 5.294 305 08/01/2025 3135GOX24 13940 Federal Nat'l Mtg. Assoc. 01/15/2020 5,000,000.00 4,771,850.00 4,990,750.00 1.625 1.641 1.664 464 01/07/2025 3135GOW66 13941 Federal Nat'l Mtg. Assoc. 01/15/2020 5,000,000.00 4,805,450.00 4,994,000.00 1.625 1.629 1.651 380 10/15/2024 3136G4WV1 13965 Federal Nat'l Mtg. Assoc. 06/16/2020 5,000,000.00 4,625,450.00 5,000,000.00 0.750 0.740 0.750 624 06/16/2025 3136G4D42 13976 Federal Nat'l Mtg. Assoc. 07/28/2020 8,000,000.00 7,336,560.00 8,000,000.00 0.510 0.503 0.510 666 07/28/2025 3136G4C43 13977 Federal Nat'l Mtg. Assoc. 08/14/2020 6,000,000.00 5,508,480.00 6,000,000.00 0.650 0.641 0.650 683 08/14/2025 'DLO t[.yKelY_1 CP Run Date: 10/20/2023 - 1 F_PM2) 7.3.11 City Council 8-7 11/21/2023 City of Santa Ana Portfolio Management Portfolio Details - Investments September 30, 2023 Page 4 Average Purchase Stated YTM/C YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Coupon Securities 3136G4G98 13978 Federal Nat'l Mtg. Assoc. 08/12/2020 6,000,000.00 5,500,080.00 6,000,000.00 0.560 0.552 0.560 42 08/12/2025 3136G45Q2 13990 Federal Nat'l Mtg. Assoc. 10/28/2020 6,000,000.00 5,444,880.00 6,000,000.00 0.530 0.523 0.530 27 10/28/2025 3135GA4V0 13992 Federal Nat'l Mtg. Assoc. 11/25/2020 5,000,000.00 4,530,700.00 5,000,000.00 0.625 0.616 0.625 55 11/25/2025 3135GAAN1 13993 Federal Nat'l Mtg. Assoc. 12/17/2020 6,000,000.00 5,420,700.00 6,000,000.00 0.600 0.592 0.600 77 12/17/2025 3135G06J7 13994 Federal Nat'l Mtg. Assoc. 12/10/2020 6,000,000.00 5,431,140.00 6,000,000.00 0.650 0.641 0.650 70 12/10/2025 3135GAG62 14094 Federal Nat'l Mtg. Assoc. 03/30/2023 1,500,000.00 1,495,425.00 1,500,000.00 5.220 5.148 5.220 90 04/26/2024 Subtotal and Average 390,212,367.25 382,675,000.00 354,313,132.25 382,610,705.25 1.280 1.298 283 Federal Agency Discount Securities 313384VE6 14104 Federal Home Loan Bank 08/01/2023 10,000,000.00 9,743,100.00 9,641,088.89 5.210 5.482 5.558 187 04/05/2024 Subtotal and Average 9,641,088.89 10,000,000.00 9,743,100.00 9,641,088.89 5.482 5.558 187 Treasury Coupon Securities 9128286Z8 14081 U.S. Treasury 03/16/2022 5,000,000.00 4,864,050.00 4,990,000.00 1.750 1.814 1.839 273 06/30/2024 Subtotal and Average 4,990,000.00 5,000,000.00 4,864,050.00 4,990,000.00 1.814 1.839 273 Total and Average 521,417,323.42 465,662,226.41 436,202,682.33 465,229,020.55 1.644 1.667 254 Portfolio COSA CID Run Date: 10/20/2023 - 1 F_PM2) 7.3.11 City Council 8-8 11/21/2023 City of Santa Ana Portfolio Management Portfolio Details - Cash September 30, 2023 Page 5 Average Purchase Stated YTM/C YTM/C Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Cash in Banks PETTY CASH PETTY CASH CITY OF SANTA ANA 83,344.00 83,344.00 83,344.00 0.000 0.000 1 HOUSING 13943 JP MORGAN CHASE 4,758,973.68 4,758,973.68 4,758,973.68 0.000 0.000 1 WORKERS COMPENS 37983 JP MORGAN CHASE 2,481,220.09 2,481,220.09 2,481,220.09 0.000 0.000 1 GENERAL LIABILI 38130 JP MORGAN CHASE 2,166,229.69 2,166,229.69 2,166,229.69 0.000 0.000 1 PROPERTY MANAGE 8695 JP MORGAN CHASE 35,084.30 35,084.30 35,084.30 0.000 0.000 1 PROPERTY MGMT 2 PROP MGMT 2 JP MORGAN CHASE 1,492.50 1,492.50 1,492.50 0.000 0.000 1 HEALTHCARE SPEN 0112 JPMorgan Chase 333,336.51 333,336.51 333,336.51 0.000 0.000 1 COMMISSARY 7962 JPMorgan Chase 363,185.04 363,185.04 363,185.04 0.000 0.000 1 GENERAL ACCOUNT 9500 JPMorgan Chase 21,366,917.64 21,366,917.64 21,366,917.64 0.000 0.000 1 FSS FSS Santa Ana Federal Credit Union 756,447.28 756,447.28 756,447.28 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 521,417,323.42 498,008,457.14 468,548,913.06 497,575,251.28 1.644 1.667 254 Portfolio COSA CP Run Date: 10/20/2023 - 1 F_PM2) 7.3.11 City Council 8-9 11/21/2023 CASH/SECURITIES HELD IN TRUST Portfolio Management Portfolio Details - Investments September 30, 2023 CUSIP Investment # Issuer Par Value Market Value Book Value Page 1 Digitally signed Carey LiLi Da Carey 3 Date: 202.10.11 08:08:47-07'00' Money Market Accounts X9USDDTPC 80364 Dreyfus Treasury 10,571.40 10,571.40 10,571.40 X9USDDTPC 80365 Dreyfus Treasury 11,287.02 11,287.02 11,287.02 SYS80464 80366 Dreyfus Treasury 131.53 131.53 131.53 X9USDDEFU--- 80107 INSTIL RES THE AND AGNY CASH 9,640.08 9,640.08 9,640.08 X9USDDEFU 80389 INSTIL RES THE AND AGNY CASH 2,834.69 2,834.69 2,834.69 X9USDDEFU 80391 INSTIL RES THE AND AGNY CASH 182.79 182.79 182.79 9AMMF05B2-- 80406 US BANK MONEY MARKET 0.76 0.76 0.76 9AMMF05B2- 80407 US BANK MONEY MARKET 0.87 0.87 0.87 SYS80418 80418 US BANK MONEY MARKET 500,994.99 500,994.99 500,994.99 SYS80419 80419 US BANK MONEY MARKET 105,343.76 105,343.76 105,343.76 SYS80421 80421 US BANK MONEY MARKET 5.37 5.37 5.37 31846V401 80430 US BANK MONEY MARKET 6,911.21 6,911.21 6,911.21 31846V401- 80432 US BANK MONEY MARKET 11,664.28 11,664.28 11,664.28 X9USDMOR3 80248 MORGAN STANLEY GOVT INSTIL 1.02 1.02 1.02 X9USDMOR3 80465 MORGAN STANLEY GOVT INSTIL 655.98 655.98 655.98 X9USDMOR3 80466 MORGAN STANLEY GOVT INSTIL 28.34 28.34 28.34 Subtotal and Average 660,254.09 660,254.09 660,254.09 Other S86209710 80225 MBIA INSURANCE POLICY 1.00 1.00 1.00 981NP5PV2 80396 ASSURED GUARANTY MUNI CORP 1.00 1.00 1.00 SYS80420 80437 US Bank Mutual Funds 10,042,313.38 9,688,646.88 10,042,313.38 Subtotal and Average 10,042,315.38 9,688,648.88 10,042,315.38 Cash in Bank SYS80414 80414 FLAGSTAR BANK 1,268,869.87 1,268,869.87 1,268,869.87 SYS80415 80415 CONDEMNATION DEPOSIT FUND 1,571,525.00 1,571,525.00 1,571,525.00 Subtotal and Average 2,840,394.87 2,840,394.87 2,840,394.87 Total and Average 13, 542,964.34 13,189,297.84 13, 542, 964.34 Portfolio TRST AC Run Date: 10/10/2023 - F_PM2) 7.3.11 City Council 8 - 10 11/21/2023 Report Ver. 7.3.11 EXHIBIT 2 Investments Amount Bank of New York Mellon - Investment Custodian 403,937,794 Local Agency Investment Fund (L.A.I.F) 13,702,036 Local Agency Investment Fund (L.A.I.F) - ARPA 47,589,190 Total - Investments 465,229,021 Cash Held at City Financial Institution(s) and Cash on Hand Amount General Account 21,366,918 General Liability Account 2,166,230 Housing Account 4,758,974 Workers Compensation Account 2,481,220 Santa Ana Federal Credit Union - Family Self Sufficiency (FSS-Housinc 756,447 Commissary Account 363,185 Flexible Benefit Spending Account 333,337 Property Management Account 35,084 Property Management - Phase 2 Account 1,493 Petty Cash 83,344 Total - Cosh Held at City Financial Institution(s) and Cash on Hand 32,346, 231 Restricted Cash Amount Signature Bank - Streetlight Project 1,268,870 US Bank - Pension Stability Funds (Section 115 Trust with PARS) 10,543,308 State of California Condemnation Fund - Right of Way Deposits 1,571,525 Various US Bank & BNY 159,261 Total - Restricted Cash 13,542,964 Total Cash Held City at Financial Institution(s), Cash on Hand and Restricted Cash 511,118,216 Cash by Fund(s) - Total (see below for listing) 511,118,216 Fund Fund description Amount 011 GENERAL FUND 111,607,989 012 CANNABIS PUBLIC BENEFIT 23,526,575 016 CASP CERTIFICATION & TRAINING 440,545 020 OTS-TRAFFIC OFFENDER PROGRAM 31,200 021 PRCSA CAN FUND 1,852,257 022 PRCSA FEE & DONATION 985,571 023 INMATE WELFARE FUND 2,183,346 024 PD ATHLETIC ACTIVITIES LEAGUE (170,718) 025 IDB & EZ VOUCHER MONITORING 187,928 026 ASSET FORFEITURE FUND 163,549 027 PARKING FUND 3,787,887 029 SPECIAL GAS TAX 31,551,841 030 PROP 1B BOND ACT OF 2006 155,720 031 AIR QUALITY IMPR. (AB 2766) 1,353,443 032 MEASURE M-STREET CONSTRUCTION (9,853,267) 033 NEW TRANSPO SYS IMPR AREA B 582,798 034 NEW TRANSPO SYS IMPR AREA E 1,740,865 035 NEW TRANSPO SYS IMPR AREA F 2,119,128 041 TRANSP SYS IMPR AREA A-2 708,748 042 TRANSPO SYS IMPR AREA B 9,704 048 TRANSPO SYS IMPR AREA C-2 216,754 049 TRANSPO SYS IMPR AREA G 99,906 051 CAPITAL OUTLAY FUND 3,331,619 053 CITY SERVICES 8,212,981 054 SANITARY SEWER CAPITAL 9,243,543 055 SEWER CONNECTION FEE 4,906,074 056 SANITARY SEWER SERVICE 8,807,162 057 FED CLEAN WATER PROTECTION ENT 8,350,422 058 RESIDENTIAL STREET IMPROVEMENT 6,238,487 059 SELECT STREET CONSTRUCTION 21,971,265 060 WATER REVENUE 12,259,196 066 ACQUISITION & CONSTRUCTION 4,751,620 067 REGIONAL TRANSP CENTER 479,757 068 SANITATION FUND 4,709,207 069 REFUSE COLLECTION SERVICE 5,928,435 070 EQUIPMENT REPLACEMENT FUND 7,925,243 073 BUILDING MAINT FUND 1,796,943 074 CIVIC CENTER MAINTENANCE (512,184) 075 FLEET MAINTENANCE/STORES 1,190,738 076 STORES & PROPERTY CONTROL (411,486) 078 RETIREMENT SYSTEM (5,039,391) 080 LIABILITY AND PROPERTY INS FND 8,559,710 081 EMPLOYEE GROUP INSURANCE 1,687,021 082 WORKERS COMPENSATION FUND 18,629,772 083 PAYROLL REVOLVING 9,727,237 085 CITY YARD OPERATION (544,614) 086 PUB WKS ENG/PROJ MGMT (1,850,768) 087 PT RETIREMENT FUND 10,179 088 QUALITY SERVICE TRAINING 31,038 089 CA SEISMIC HAZARD PROGRAM 30,828 090 ORANGE CO SANITATION DIST 2&3 557,169 093 BUSINESS IMPROVEMENT DISTRICT 57,276 095 POLICE COMMISSARY ACCOUNT 318,082 096 SA TOURISM MARKETING DISTRICT 135,689 097 POLICE SEIZED ASSETS 2,300,384 100 SECTION 457 FIDUCIARY ADMIN 96,404 101 PUB WKS-ADMIN & PLANNING 3,208,817 City Council 8 —11 11 /21 /2023 103 104 106 107 109 110 111 120 121 122 123 124 125 127 128 130 131 133 135 136 138 139 140 142 143 145 147 148 149 152 158 161 162 164 165 166 167 169 172 177 178 179 180 181 182 183 186 201 202 203 204 205 206 207 209 210 211 212 213 221 222 223 224 225 226 301 311 312 313 314 315 400 404 406 417 418 607 655 670 671 991 992 993 999 PMA RETIREE HEALTH INSURANCE 8,291 SEIU RETIREE HEALTH INSURANCE 53,285 MGMT RETIREE HEALTH INSURANCE 59,496 UC RETIREE HEALTH INSURANCE (3,443) INFO SYS STRATEGIC PLAN 13,347,795 STRONG MOTION INSTRUMENTATION 107,208 OPIOID REMEDIATION 610,015 FIRE FACILITIES FUND 2,353,147 SPECIAL REPAIR/DEMOLITION 709,542 EMERGENCY & HEALTH GRANTS 13,426,142 WORKFORCE INVESTMENT ACT (1,271,348) ORANGE COUNTY SSA GRANTS (175,589) DES UASI (748,190) D.O.J. GRANT FUND 39,051 POLICE BLOCK GRANTS 1,989,031 HOME PROGRAM FEDERAL GRANT 2,210,891 MISC GRANTS 1,248 HOUSING AUTHORITY -ISSUER FEE 2,600,023 COMMUNITY DEV BLOCK GRANT (1,551,468) HOUSING AUTHORITY -VOUCHER HAP 777,484 HOUSING AUTHORITY -MS 5 (41,034) HOUSING AUTHORITY -NEW CONSTR 361,889 HOUSING AUTHORITY -VOUCHER ADM 3,017,238 NSP FEDERAL GRANT 238,822 CALHOME MFGD HSG LOAN 764,812 RENTAL REHABILITATION GRANT 48,926 FEDERAL AID SAFETY PROGRAM (1,218,567) TRAFFIC SYSTEM MGMT GRANT (2,470,900) WIC ASSESSMENT DIST ST IMPRV 33,253 PUBLIC LIBRARY GRANT FUND 4,679,705 PLANNING GRANTS PROGRAM (108,260) PRCSA CAPITAL GRANTS (902,991) ENERGY CONSERVATION PROGRAM (59,446) PUB WKS-WTR QUALITY & CONTROL (5,727,863) OFFICE OF SAFETY GRANT 7,224 US DOI ASSET FORFEITURE FUND 1,584,565 US TREASURY ASSET FORFEITURE 208,308 RECREATION GRANTS FUND 681,024 NATL RECREATION TRAILS FND ACT 17,329 EMERGENCY RENTAL ASSISTANCE PG 3,094,965 COVID RELIEF FUND (590,191) GENERAL FIXED ASSETS (18,516) ARPA EHV ADMIN FEES 128,909 AMERICAN RESCUE PLAN ACT 94,113,737 HOME -ARP PROGRAM FEDERAL GRANT (803) ARPA - CA FOR ALL YOUTH WDP (1,131,651) HCV F S S FORFEITURES 153,865 LOCAL DRAINAGE AREA NO 1 135 LOCAL DRAINAGE AREA NO 2 1,452 LOCAL DRAINAGE AREA NO 3 767,014 LOCAL DRAINAGE AREA NO 4 1,072 LOCAL DRAINAGE AREA NO 5 609 LOCAL DRAINAGE AREA NO 6 894 LOCAL DRAINAGE AREA NO 7 197,254 LOCAL DRAINAGE AREA NO 9 744 LOCAL DRAINAGE AREA NO 10 17,442 LOCAL DRAINAGE AREA NO 11 226 LOCAL DRAINAGE AREA NO 12 13 LOCAL DRAINAGE AREA NO 13 2,740 LOCAL DRAINAGE AREA I 1,102,734 LOCAL DRAINAGE AREA II 286,346 LOCAL DRAINAGE AREA III 427,592 LOCAL DRAINAGE AREA IV 582,786 LOCAL DRAINAGE AREA V 286,903 LOCAL DRAINAGE AREA VI 388,701 REC/COMM SVS 6,138 RESIDENTIAL DEVELOP DISTRICT 1 1,069,200 RESIDENTIAL DEVELOP DISTRICT 2 4,352,531 RESIDENTIAL DEVELOP DISTRICT 3 13,182,868 RESIDENTIAL DEVELOP DISTRICT 4 465,450 RESIDENTIAL DEVELOP HARBOR SPECFIC 1,433,250 POLICE UUT LEASE REVENUE BONDS 1,176,914 COSA 2014 LEASE FINANCING 1,358,909 2021 PENSION OBLIGATION BONDS 25,316 INCLUSIONARY HOUSING FEE 8,954,418 CDA - PEEBLER CAPITAL FUND 530,063 HOUSING AUTHORITY LMIHF 3,786,365 2018A SERIES TAX ALLOC BOND 16,024 COSA RDA 558,562 COSA RDA OBLIGATION RETIREMENT 337,365 TRAN SYS IMP AUT C-2 TUSTIN 2,640,701 TRAN SYS IMP AUT AREA D-TUSTIN 11,133,785 WIC ASSESSMENT DISTRICT 337,068 Lawson Clearing 26,086 Reconciling Item(s) - Outstanding Checks * 3,747,771 Reconciling Item(s) - Bank Direct Deposits* 781,908 Reconciling Item(s) - Deposits in Transit* (431,375.55) Reconciling Item(s) - Withdrawals in Transit* - Reconciling Item(s) - Various* (218,348) Reconciling Item(s) - Various: A difference between Cash held by Financial Institution, Fiscal Agent and Cash on Hand exists when comparing to Cash by Fund due, to reconciling items such as timing of payments; outstanding checks; and deposits in transit City Council 8 - 12 11/21/2023 Finance and Management Services www.santa-ana.org/finance Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Quarterly Report of Contracts Awarded by the City Manager AGENDA TITLE Receive and File Quarterly Report of Contracts up to $50,000 for Non -Public Works and up to $500,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 RECOMMENDED ACTION Receive and file Quarterly Report of Contracts entered into between July 1, 2023 to September 30, 2023. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION Section 421 of the Charter requires the City Manager to submit a Quarterly Report (Report) to the City Council disclosing all contracts approved and executed under their authority for informational purposes. The Report is required to include the names of the contractors and the amounts of each contract along with a brief description. Section 2-748 provides the City Manager contracting authority to enter into non-public works contracts and agreements up to $50,000 and public works contracts and agreements up to $500,000. Exhibit 1 is a listing of all purchase orders and agreements entered into during the period July 1, 2023 to September 30, 2023, valued at amounts between $500 and $50,000 for non-public works expenditures, and up to $500,000 for public works contracts and agreements. The list of City Manager -authorized contracts will be published on the City's website in a searchable format. City Council 9-1 11/21/2023 Quarterly Report of Contracts Awarded by the City Manager November 21, 2023 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Quarterly Report of Contracts — July 1, 2023 — September 30, 2023 Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Steven A. Mendoza, Acting City Manager City Council 9-2 11/21/2023 EXHIBIT 1 Quarterly Report of Contracts: July 1, 2023 to September 30, 2023 No. Date Vendor Name Type Number Agency Amount Description 1 09/11/2023 NATIONWIDE LEGAL LLC PO 126176 CAD $ 5,000.00 AS -NEEDED LEGAL DOCUMENTS & SVCS 2 09/06/2023 SETTLEMENT AGREEMENT - CASE NO. 30-2021-01183843-CU-PO-CJC AG N-2023-224 CAO $ 30,000.00 KRISTI JOHNSON 3 08/25/2023 HANSON BRIDGETT, LLP AG N-2023-211 CAO $ 50,000.00 LEGAL AND INVESTIGATIVE SERVICES 4 08/25/2023 JONES & MAYER, LLP. AG N-2023-169 CAD $ 50,000.00 LEGAL SERVICES AGREEMENT 5 09/13/2023 SETTLEMENT AGREEMENT AG N-2023-232 CAD $ 4,431.09 MCFADDEN SHOPPING CENTER 6 07/06/2023 FOOTHILL TRANSCRIPTION COMPANY PO 125947 CAO $ 738.55 TRANSCRIPTION SERVICE OF HEARING 7 08/17/2023 EXTREME CANOPY PO 126107 CDA $ 1,250.91 CUSTOM CANOPY PACKAGE 8 07/26/2023 CARAHSOFT TECHNOLOGY CORP PO 126037 CDA $ 8,033.68 DOCUSIGN PRO SUBSCRIPTION 9 08/10/2023 SWAYZER LANDSCAPES PO 126088 CDA $ 5,384.48 DTSA MURAL IRRIGATION REPAIRS 10 07/20/2023PARKMOBILE AG N-2015-077-01 CDA $ 50,000.00 FIRST AMENDMENT- PARKING MANAGEMENT SERVICES 11 08/25/2023 TK CREATIVE, LLC AG N-2023-212 CDA $ 25,000.00 GRAPHIC DESIGN SERVICES 12 07/18/2023 PENALOZA, AZAEL AG N-2023-180 CDA $ 20,000.00 NAVIGATION CENTER MURALS 13 09/18/2023 STAR HYDRAULICS LLC PO 126192 CDA $ 688.00 PORTABLE POST STRAIGHTENER 14 08/10/2023 GLADWELL GOVERNMENTAL SERVICES, INC. AG N-2023-189 CDA $ 25,000.00 RECORDS RETENTION SERVICES AND RECORD MANAGEMENT CONSULTING SERVICES 15 08/31/2023 TAB FUSION RMS AG N-2023-219 CDA $ 17,150.00 ROLL OUT AND CONFIGURE WEB -ACCESS 16 07/24/2023 SANTA ANA CHAMBER OF COMMERCE PO 126026 CDA $ 25,000.00 TASTE OF SANTA ANA EVENT PARTNER SPONSORSHIP 17 09/19/2023 TREE PROS INC PO 126197 CDA $ 2,720.00 TREE TRIMMING SERVICE 18 07/06/2023 THE AMGRAPH GROUP PO 125954 CDA $ 2,648.15 WALKING PATH MARKERS - FLOOR GRAPHICS AT CITY HALL 19 09/26/2023 BLACKHAWK ENGAGEMENT SOLUTIONS PO 126224 CDA $ 5,001.00 WORK CENTER YOUTH GIFT CARDS 20 07/01/2023 CHANDLERS AIR CO BOC 8059 CITYWIDE $ 5,000.00 APPLIANCES REPAIR & MAINTENANCE 21 07/01/2023 TUSTIN AWARDS BOC 8098 CITYWIDE $ 10,000.00 AWARDS &TROPHIES 22 07/01/2023 PLAYERS CHOICE BOC 8090 CITYWIDE $ 20,000.00 AWARDS, TROPHIES & PLAQUES 23 09/03/2023 CESAR VARGAS & ASSOCIATES BOC 8363 CITYWIDE $ 50,000.00 CITYWIDE TRANSLATION SVCS 24 08/01/2023 LOSO CREATION LLC BOC 8291 CITYWIDE $ 13,860.00 CLOTHING EMBROIDERY/SCREENPRINTING 25 07/01/2023 L&S EMBROIDERY INC BOC 8054 CITYWIDE $ 15,000.00 CLOTHING EMBROIDERY/SCREENPRINTING SVCS 26 07/01/2023 WHITE CAP CONSTRUCTION BOC 8065 CITYWIDE $ 25,000.00 CONSTRUCTION MATERIALS, TOOLS, AND SUPPLIES 27 09/01/2023 MICHAELS STORES INC BOC 8261 CITYWIDE $ 15,000.00 CRAFT AND ART SUPPLIES FOR CITY PROGRAMS 28 07/01/2023 1 INITIAL BOC 8049 CITYWIDE $ 20,000.00 CUSTOM IMPRINT CLOTHING 29 07/01/2023 MAKO OVERHEAD DOOR INC BOC 8186 CITYWIDE $ 20,000.00 DOOR MAINTENANCE SVCS 30 07/01/2023 MCFADDEN DALE INDUSTRIAL BOC 8055 CITYWIDE $ 20,000.00 ELECTRICAL HARDWARE SUPPLIES 31 07/01/2023 BAT JAC GLASS INC BOC 8024 CITYWIDE $ 20,000.00 EMERGENCY GLASS/BOARD-UP 32 07/01/2023 PYRO-COMM BOC 8097 CITYWIDE $ 13,000.00 FIRE ALARM MONITORING SVCS 33 07/01/2023 FIREMASTER BOC 8046 CITYWIDE $ 20,000.00 FIRE EXTINGUISHER MAINTENANCE SVCS 34 07/01/2023 NIKKI'S FLAG SHOP BOC 8191 CITYWIDE $ 2,500.00 FLAGS FOR CITY SITES 35 07/01/2023 BRISTOL SPEEDWASH INC BOC 8042 CITYWIDE $ 15,000.00 FLEET VEHICLE WASHES & DETAIL SVCS 36 07/01/2023 ALTA BAJA MARKET BOC 8025 CITYWIDE $ 10,000.00 FOOD FOR EVENTS & MEETINGS 37 07/01/2023 CORNER BAKERY BOC 8085 CITYWIDE $ 20,000.00 FOOD FOR EVENTS & MEETINGS 38 07/01/2023 DONERG TURKISH & MEDITERRANEAN BOC 8047 CITYWIDE $ 10,000.00 FOOD FOR EVENTS & MEETINGS 39 07/01/2023 FIREHOUSE SUBS BOC 8050 CITYWIDE $ 5,000.00 FOOD FOR EVENTS & MEETINGS 40 07/01/2023 NGUYENS KITCHEN BOC 8266 CITYWIDE $ 10,000.00 FOOD FOR EVENTS & MEETINGS 41 07/01/2023 POLLYS INC BOC 8132 CITYWIDE $ 10,000.00 FOOD FOR EVENTS & MEETINGS 42 07/01/2023 MAYFLOWER DISTRIBUTING BOC 8152 CITYWIDE $ 10,000.00 HELIUM TANK RENTALS 43 07/01/2023 MCMASTER CARR SUPPLY CO BOC 8056 CITYWIDE $ 20,000.00 INDUSTRIAL MATERIAL, PARTS, AND SUPPLIES 44 07/01/2023 EWING IRRIGATION BOC 8020 CITYWIDE $ 20,000.00 IRRIGATION SUPPLIES 45 07/01/2023 WAXIE SANITARY SUPPLY BOC 8083 CITYWIDE $ 15,000.00 JANITORIAL SUPPLIES 46 07/01/2023 WALTERS WHOLESALE ELECTRIC CO BOC 8014 CITYWIDE $ 20,000.00 LAMPS, BALLASTS, AND ELECTRICAL SUPPLIES 47 07/01/2023 ALANS LAWNMOWER & GARDEN CENTER BOC 8026 CITYWIDE $ 20,000.00 LANDSCAPE EQUIPMENT & REPAIR SVCS 48 07/01/2023 TUSTIN LOCK & SAFE BOC 8188 CITYWIDE $ 10,000.00 LOCKSMITH & RELATED SVCS 49 07/01/2023 HILLS BROS LOCK & SAFE BOC 8151 CITYWIDE $ 20,000.00 LOCKSMITH & REPAIR SVCS 50 09/01/2023 GRIFFIN HARDWARE CO BOC 8226 CITYWIDE $ 25,000.00 LUMBER, TOOLS, HARDWARE 51 08/01/2023 NEWEGG BUSINESS INC BOC 8250 CITYWIDE $ 20,000.00 MISCELLANEOUS COMPUTER AND IT SUPPLIES 52 07/01/2023 CURLEY WHOLESALE ELECTRIC BOC 8018 CITYWIDE $ 20,000.00 MISCELLANEOUS ELECTRICAL SUPPLIES 53 07/01/2023 SMARDAN SUPPLY BOC 8084 CITYWIDE $ 25,000.00 MISCELLANEOUS PLUMBING SUPPLIES 54 07/01/2023 IRVINE PIPE & SUPPLY IN BOC 8016 CITYWIDE $ 20,000.00 NON -INVENTORY PLUMBING SUPPLIES 55 07/01/20t'l' ounci 6-3 11/21/2023 Quarterly Report of Contracts: July 1, 2023 to September 30, 2023 No. Date Vendor Name Type Number Agency Amount Description 56 07/01/2023 COMMERCIAL DOOR OF ORANGE COUNTY, INC. BOC 8192 CITYWIDE $ 20,000.00 OVERHEAD DOOR MAINTENANCE SVCS 57 07/01/2023 DUNN-EDWARDS CORP BOC 8019 CITYWIDE $ 2,500.00 PAINT & PAINTING SUPPLIES 58 07/01/2023 DIAMOND ENVIRONMENTAL SERVICES BOC 8043 CITYWIDE $ 20,000.00 PORTABLE RESTROOM RENTALS 59 07/01/2023 MCVICKER &ASSOCIATES BOC 8057 CITYWIDE $ 10,000.00 PROMOTIONAL AND SCREENPRINTED ITEMS 60 07/01/2023 SABP/SANTAANA BLUE PRINT BOC 8088 CITYWIDE $ 5,000.00 REPROGRAPHIC PRINTING SVCS 61 07/01/2023 ARC DOCUMENT SOLUTIONS BOC 8061 CITYWIDE $ 20,000.00 REPROGRAPHIC SERVS & TONER 62 07/01/2023 FEDEX OFFICE AND PRINT BOC 8173 CITYWIDE $ 25,000.00 REPROGRAPHIC SVCS 63 07/01/2023 CREATIVE SIGN INC BOC 8017 CITYWIDE $ 20,000.00 SIGNS, DECALS, STRIPING 64 07/01/2023 SC SIGNS AND SUPPLIES BOC 8015 CITYWIDE $ 20,000.00 SPECIAL ORDER TRAFFIC SIGNS 65 07/01/2023 BSN SPORTS BOC 8039 CITYWIDE $ 20,000.00 SPORTS EQUIPMENT AND SUPPLIES 66 07/01/2023 TARGET SPECIALTY PRODUCTS BOC 8120 CITYWIDE $ 20,000.00 WATER TREATMENT CHEMICALS AND HERBICIDES 67 07/25/2023 ALTA FOODCRAFT COFFEE & REFRESHMENT SERVICES PO 126028 CIVIC) $ 1,800.00 AS -NEEDED BEVERAGES/COFFEE/PAPER GOODS 68 08/14/2023 LINARES, ANDREW AG N-2023-195 CIVIC) $ 30,000.00 CONSULTANT - COUNCILMEMBER SUPPORT SVCS 69 07/26/2023 ALVARADO, ELIZABETH AG N-2023-184 CMO $ 30,000.00 CONSULTANT AGREEMENT - COUNCILMEMBERSUPPORTSERVICES 70 07/26/2023 AVALOS, FATIMA AG N-2023-185 CMO $ 30,000.00 CONSULTANT AGREEMENT - COUNCILMEMBERSUPPORTSERVICES 71 07/26/2023 PEREZ, CLAUDIA AG N-2023-187 CMO $ 30,000.00 CONSULTANT AGREEMENT - COUNCILMEMBERSUPPORTSERVICES 72 09/20/2023 TERRY TUCKER AG N-2023-236 CIVIC) $ 30,000.00 CONSULTANT- COUNCILMEMBER SUPPORT SVCS 73 07/13/2023 EXTREME CANOPY PO 126000 CIVIC) $ 1,458.49 CUSTOMIZED CANOPY 74 07/11/2023 VMI INC PO 125974 CIVIC) $ 5,224.91 MONITOR WALL MOUNT AND VIDEO INSTALLATION 75 07/31/2023 ALTA FOODCRAFT COFFEE & REFRESHMENT SERVICES PO 126043 COC $ 2,500.00 AS -NEEDED FOOD SUPPLIES FOR CITY COUNCIL MEETINGS 76 07/24/2023 MUNISERVICES / AVENU INSIGHTS PO 126018 FMS $ 1,450.00 ANALYTIC REPORTS FOR FMSA 77 08/09/2023 TAB ANSWER NETWORK PO 126081 FMS $ 2,000.00 AS -NEEDED -AFTER HOURS PHONE ANSWERING SERVICES 78 08/09/2023 SECTRAN SECURITY INC PO 126083 FMS $ 17,000.00 AS -NEEDED -DAILY BANK DEPOSIT PICK UPS 79 08/09/2023 THE BANK OF NEW YORK MELLON PO 126082 FMS $ 5,000.00 AS-NEEDED-SAFEKEEPING/TRUSTEE SERVICES 80 07/01/2023 BCT BOC 8190 FMS $ 10,000.00 BUSINESS CARDS 81 08/01/2023 SAFEGUARD BY FONTIS PO 126048 FMS $ 1,186.20 CITATION BOOKLETS 82 07/24/2023 CALIFORNIA MUNICIPAL STATISTIC PO 126020 FMS $ 550.00 DEBT STATEMENT REPORT SERVICES 83 07/06/2023 QUADIENT INC. PO 125952 FMS $ 26,489.59 MAIL METER MACHINE RENTAL & SOFTWARE RENEWAL 84 09/25/2023 QUADIENT INC. PO 126216 FMS $ 522.11 PRINTER INK 85 07/12/2023 U N ITED PARCEL SERVICE PO 125989 FMS $ 10,000.00 UPS ANNUAL CONTRACT RENEWAL 86 07/17/2023 BIOMETRICS4ALL INC PO 126007 HR $ 1,500.00 AS -NEEDED BACKGROUND CHECKS SERVICE 87 07/13/2023 ALTA FOODCRAFT COFFEE & PO 125992 HR $ 2,400.00 AS -NEEDED COFFEE AND RELATED SUPPLIES 88 08/28/2023 GALLUP, INC. PO 126135 HR $ 5,000.00 AS -NEEDED -COACHING STRENGTHS PROGRAM HUMAN RESOURCES 89 08/22/2023 AON RISK INSURANCE SERVICES WEST, INC. AG N-2023-207 HR $ 20,000.00 CONSULTANT FOR ACTUARIAL SVCS 90 09/27/2023 BEBO ENTERTAINMENT INC. PO 126228 HR $ 1,750.00 DJ SERVICE EMPLOYEE APPRECIATION 91 07/31/2023 LOCTEK INC PO 126044 HR $ 2,621.89 ERGONOMIC SIT/STAND DESK CONVERTER 92 09/27/2023 FRONT PORCH POPS LLC PO 126227 HR $ 3,690.56 ICE CREAM SVC EMPLOYEE EVENT 93 07/18/2023 FRANKLINCOVEY AG N-2023-177 HR $ 29,200.00 LICENSE AGREEMENT- MANAGEMENT AND LEADERSHIP TRAINING 94 09/06/2023 ESKILL CORPORATION PO 126163 HR $ 12,500.00 TALENT ASSESSMENT SOFTWARE SUBCRIPTION 95 09/07/2023 AVT TECHNOLOGY SOLUTIONS LLC PO 126172 IT $ 2,288.00 AS -NEEDED HARDWARE MAINTENANCE 96 07/06/20231VANTIINC PO 125950 IT $ 18,340.00 CHERWELL SOFTWARE SUBSCRIPTION RENEWAL 97 07/06/2023 SOFTWARE VENDOR PO 125946 IT $ 8,487.50 EMAIL MESSAGING SECURITY SOFTWARE RENEWAL 98 09/19/2023 CDW GOVERNMENT INC PO 126195 IT $ 10,371.87 IT NETWORK EQUIPMENT 99 08/08/2023 EPOWER NETWORK LA LP PO 126076 IT $ 10,628.66 SERVER BATTERY REPLACEMENT 100 08/02/2023 HEWLETT PACKARD ENTERPRISE PO 126054 IT $ 17,022.46 SERVER MEMORY HARDWARE (CITY 40) 101 07/06/2023 SOFTWARE VENDOR PO 125949 IT $ 32,150.30 SOFTWARE SUBSCRIPTION - MULTI -FACTOR AUTHENTICATION (MFA) 102 07/06/2023 CDW GOVERNMENT INC PO 125953 IT $ 7,528.71 SOFTWARE SUBSCRIPTION - REDHAT PREMIUM 103 09/28/2023 ILLINOIS LIBRARY ASSOCIATION PO 126232 LIB $ 4,288.61 2024 SUMMER READ PROGRAM TSHIRTS 104 08/09/2023 BIBLIOTHECA LIBRARY SOLUTIONS PO 126078 LIB $ 16,820.13 BOOK PICK-UP LOCKER (QTY 2) 105 07/01/2023 FUN EXPRESS BOC 8217 LIB $ 20,000.00 CRAFT AND ART SUPPLIES FOR LIBRARY PROGRAMS 106 07/11/2023 TOTAL IMAGING SOLUTIONS LLC PO 125969 LIB $ 1,776.50 DIGITAL SCANNERS SERVICE CONTRACT 107 08/21/2023 NORTHGATE MARKET PO 126115 LIB $ 874.00 FOOD FOR ADULT SUMMER READING PROGRAM GRADUATES 108 07/14/2023 LUCKEY LLC PO 126001 LIB $ 3,088.21 LUCKEY CLIMBER MAINTENANCE 109 08/22/2023 CHAVEZ MACIAS, ANNETTE AG N-2023-209 LIB $ 500.00 SPEAKER/PERFORMER ENGAGEMENT- BOOK READING AND PRESENTATION 110 08/01/20 City Council - 4 TATION / 1 0 Quarterly Report of Contracts: July 1, 2023 to September 30, 2023 No. Date Vendor Name Type Number Agency Amount Description ill 09/28/2023 QING WEILION & DRAGON DANCE CULTURAL TROUPE AG N-2023-244 LIB $ 1,000.00 SPEAKER/PERFORMER- HARVEST MOON CELEBRATION 112 07/18/2023 KAJEET AG N-2023-178 LIB $ 1,268.79 WIRELESS CONNECTIVITY SERVICES AGREEMENT 113 09/06/2023 IMPERIAL ICE & REFRIGERATION PO 126166 PEA $ 1,440.00 AS -NEEDED ICE MACHINE RENTAL 114 08/25/2023 CREATIVE SIGN, INC. AG N-2023-217 PBA $ 25,000.00 GRAPHIC DESIGN, COMMERCIAL SCREEN & DESIGN SERVICES 115 09/28/2023 SOURCE GRAPHICS PO 126240 PBA $ 1,328.25 LARGE FORMAT PRINTER SERVICES 116 07/11/2023 QUADIENT INC. PO 125963 PBA $ 1,102.00 MAINTENANCE FOR ADDRESS PRINTER 117 07/25/2023 TOWNSEND SELF STORAGE PO 126031 PBA $ 9,000.00 STORAGE UNIT RENTAL 118 09/14/2023 ADAMSON POLICE PRODUCTS PO 126191 POL $ 2,843.89 40MM RELOADABLE LESS THAN LETHAL SHOOTING TRAINING KIT 119 08/16/2023 ULINE INC PO 126104 POL $ 2,327.03 ALUMINUM BLEACHERS FOR TRAINING CENTER 120 09/20/2023 KRUSE FEED & SUPPLY INC PO 126204 POL $ 17,500.00 AS -NEEDED ANIMAL FEED & SUPPLIES 121 09/20/2023 ANIMAL DENTAL SERVICES INC PO 126200 POL $ 10,000.00 AS -NEEDED K-9 DENTAL SVCS 122 08/14/2023 TACTICAL DISTRIBUTORS PO 126094 POL $ 6,882.76 BOOTS FOR SWAT TEAM 123 08/23/2023 BOOT BARN INC. PO 126123 POL $ 7,500.00 BOOTS, HATS, BELTS, & ACCESSORIES FOR FIESTAS PATRIAS - MOUNTED UNIT 124 08/02/2023 CROSSROADS SOFTWARE INC PO 126057 POL $ 2,000.00 CITATION SOFTWARE SUBSCRIPTION 125 09/13/2023 CUMMINS-ALLISON CORP PO 126188 POL $ 6,923.50 CURRENCY COUNTERFEIT MACHINE 126 09/21/2023 EXTREME CANOPY PO 126206 POL $ 4,648.60 CUSTOM CANOPY AND ACCESSORIES 127 09/11/2023 THE MONTEREY COMPANY PO 126177 POL $ 550.00 CUSTOM SWAT TEAM PVC PATCHES 128 08/25/2023 PRO BOXING EQUIPMENT PO 126131 POL $ 2,179.42 DE-ESCALATION TRAINING EQUIPMENT 129 08/21/2023 VULKAN INTERNATIONAL INC PO 126112 POL $ 4,104.88 DE-ESCALATION TRAINING GEAR 130 08/23/2023 FUJI MATS LLC PO 126121 POL $ 2,496.51 DE-ESCALATION TRAINING MATS 131 08/10/2023 SOFTWARE VENDOR PO 126086 POL $ 2,212.14 EQUIPMENT MONITORING SOFTWARE SUBSCRIPTION 132 08/08/2023 CLEARTEC PACKAGING PO 126072 POL $ 1,359.67 EVIDENCE PACKAGING SUPPLIES 133 08/08/2023 ULINE INC PO 126073 POL $ 1,234.52 EVIDENCE PACKAGING SUPPLIES 134 08/02/2023 EVIDENT INC PO 126053 POL $ 1,160.94 FORENSIC RED EVIDENCE TAPE 135 07/12/2023 MONTEBELLO GLASS & MIRROR CO PO 125981 POL $ 33,730.00 GLASS DOOR & WINDOW REPLACEMENT - JAIL 136 08/16/2023 SAFARILAND LLC PO 126102 POL $ 1,148.22 GUN EVIDENCE BOX PACKAGING 137 07/28/2023 LC ACTION POLICE SUPPLY PO 126041 POL $ 6,056.39 GUN HOLSTERS 138 08/03/2023 ARMS UNLIMITED INC PO 126063 POL $ 6,664.25 GUN LIGHTS 139 08/11/2023 T.R.L. SYSTEMS INC PO 126093 POL $ 2,835.64 INTERCOM AMPLIFIERS FOR CITYJAIL 140 09/28/2023 DYNAMIC IMAGING SYSTEMS, INC. PO 126236 POL $ 26,443.28 JAIL MUG PHOTO CAMERA SYSTEM 141 08/17/2023 ULINE INC PO 126105 POL $ 3,883.84 LOCKERS FOR TRAINING CENTER 142 07/13/2023 MILLER MENDEL, INC. AG N-2023-171 POL $ 12,275.39 MASTER SOFTWARE SUBSCRIPTION SERVICES AGREEMENT 143 07/13/2023 STALKER RADAR PO 125993 POL $ 1,852.44 MOTORCYCLE RADAR HOLSTER 144 08/14/2023 RR WESTERN WEAR PO 126098 POL $ 5,000.00 MOUNTED UNIT BOOTS, HATS, BELTS, & ACCESSORIES 145 08/29/2023 GOPHER PO 126140 POL $ 4,631.29 PAAL EXERCISE ITEMS AND EQUIPMENT 146 09/20/2023 PACIFIC ATHLETIC WEAR INC PO 126202 POL $ 4,811.00 PAAL FITNESS PROGRAM SHIRTS/HATS 147 09/12/2023 BSN SPORTS LLC PO 126182 POL $ 14,995.18 PAAL SOFTBALL PROGRAM UNIFORMS & EQUIPMENT 148 08/07/2023 CORNERSTONE DETENTION PRODUCTS PO 126071 POL $ 3,674.78 PARTS FOR CITY JAIL LOCKS 149 07/19/2023 LC ACTION POLICE SUPPLY PO 126012 POL $ 3,452.30 PEPPER SPRAY 150 07/01/2023 LN CURTIS & SONS BOC 8248 POL $ 15,000.00 POLICE UNIFORM & EQUIPMENT 151 07/01/2023 GALLS LLC DBA KEYSTONE BOC 8245 POL $ 35,000.00 POLICE UNIFORMS & RELATED EQUIPMENT 152 08/16/2023 BARCODES INC PO 126103 POL $ 1,080.97 PRINTER RIBBONS & THERMAL LABELS FOR PRINTERS 153 07/28/2023 HARMONY LAB & SAFETY SUPPLIES PO 126042 POL $ 1,187.99 PURITAN STERILE COTTON SWABS 154 09/19/2023 WILLSCOT MOBILE MINI PO 126194 POL $ 20,000.00 REFRIGERATED CONTAINER RENTALS 155 08/07/2023 THE DON HUME COMPANY LLC PO 126064 POL $ 2,433.54 RESTRAINT STRAPS 156 09/28/2023 SOFTWARE VENDOR PO 126238 POL $ 32,601.82 SOFTWARE SUBSCRIPTION 157 07/12/2023 SOFTWARE VENDOR PO 125985 POL $ 14,761.25 SOFTWARE SUBSCRIPTION RENEWAL 158 09/13/2023 SOFTWARE VENDOR PO 126190 POL $ 6,450.00 SOFTWARE SUBSCRIPTION RENEWAL 159 09/21/2023 SOFTWARE VENDOR PO 126208 POL $ 4,932.00 SOFTWARE SUBSCRIPTION RENEWAL 160 08/09/2023 SOFTWARE VENDOR PO 126079 POL $ 8,063.77 SOFTWARE SUBSCRIPTION RENEWAL - JAIL 161 07/20/2023 MCCS-MARINE CORPS COMMUNITY SERVICES AG N-2023-182 POL $ 1,500.00 SPONSORSHIP AGREEMENT FOR MCCS EVENTS, PROGRAMS, AND ADVERTISEMENTS 162 09/19/2023 ULINE INC PO 126196 POL $ 1,091.41 SQUEEGEE VACUUM -JAIL 163 08/23/2023 ULINE INC PO 126120 POL $ 4,337.88 STORAGE RACK 164 09/26/2023 COMM GEAR SUPPY PO 126221 POL $ 27,186.86 TACTICAL RADIO HELMET HEADSET 165 09/12/20 ity 601 9 - 5 11 /21 /2023 Quarterly Report of Contracts: July 1, 2023 to September 30, 2023 No. Date Vendor Name Type Number Agency Amount Description 166 08/07/2023 B&H PHOTO VIDEO PO 126067 POL $ 8,699.98 TV'S FOR TRAINING CLASSROOMS 167 09/12/2023 GOLDEN STATE COMMUNICATIONS PO 126186 POL $ 14,667.07 TWO-WAY RADIO AIRTIME AND EQUIPMENT 168 09/28/2023 ULINE INC PO 126243 PRCS $ 1,201.75 A -FRAME SIGNS FOR CITY EVENTS 169 07/14/2023 AQUARIUM OF THE PACIFIC PO 126003 PRCS $ 1,347.50 AQUARIUM OF THE PACIFIC TICKETS FOR YOUTH 170 07/14/2023 ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER AG N-2023-176 PRCS $ 50,000.00 ART ENRICHMENT CLASSES 171 09/07/2023 CHEM MARK OF LONG BEACH INC PO 126174 PRCS $ 1,500.00 AS -NEEDED DISHWASH/SANITIZER CHEMICALS AT ZOO 172 08/22/2023 BEE REMOVERS PO 126117 PRCS $ 2,500.00 AS -NEEDED HUMANE BEE REMOVAL SVCS 173 07/06/2023 ACCO ENGINEERED SYSTEMS PO 125957 PRCS $ 20,000.00 AS -NEEDED HVAC PREVENTATIVE MAINTENANCE SVCS 174 08/30/2023 ADVANTAGE PO 126142 PRCS $ 42,000.00 AS -NEEDED MAGAZINE PRINTING SVCS 175 08/01/2023 WATERLINE TECHNOLOGIES PO 126051 PRCS $ 2,500.00 AS -NEEDED POND/POOL PARTS AT ZOO 176 07/12/2023 SIGN CONCEPTS PO 125982 PRCS $ 24,999.99 AS -NEEDED PRINTING SERVICES 177 09/26/2023 ORANGE COUNTY FARM SUPPLY CO PO 126223 PRCS $ 10,000.00 AS -NEEDED SEEDS & PLANTS 178 07/10/2023 LAYNE LABORATORIES INC PO 125961 PRCS $ 6,000.00 AS -NEEDED ZOO ANIMAL FOOD 179 09/26/2023 BASSETTS CRICKET FARM INC PO 126220 PRCS $ 6,000.00 AS -NEEDED ZOO ANIMAL FOOD (INSECTS) 180 07/06/2023 WEDGEWOOD PHARMACY PO 125951 PRCS $ 5,462.50 AS -NEEDED ZOO ANIMAL MEDICATIONS 181 07/11/2023 MWI ANIMAL HEALTH PO 125964 PRCS $ 20,000.00 AS -NEEDED ZOO ANIMAL VET SUPPLIES 182 08/09/2023 NORTHWEST ZOOPATH PC PO 126077 PRCS $ 5,000.00 AS -NEEDED ZOO LAB TESTING & SVCS 183 07/10/2023 IDEXX DISTRIBUTION INC PO 125960 PRCS $ 20,000.00 AS -NEEDED ZOO LABORATORY SVCS FOR ANIMALS 184 08/29/2023 ORANGE COUNTY DEMOLITION INC PO 126141 PRCS $ 6,935.00 CAPUCHIN HABITAT REMOVAL AT ZOO 185 09/12/2023 TEMECULA CARRIAGE, CO. AG N-2023-231 PRCS $ 5,000.00 CARRIAGE SERVICES FOR FIESTAS PATRIAS 186 08/30/2023 COACHDECK PO 126146 PRCS $ 819.38 COACHING DRILL CARDS FOR YOUTH PROGRAMS 187 09/07/2023 BEAR COMMUNICATIONS INC PO 126170 PRCS $ 7,057.21 COMMUNICATION RADIOS FOR SPECIAL EVENTS 188 09/27/2023 BIOBAG AMERICAS INC PO 126230 PRCS $ 7,052.06 COMPOSTABLE TRASH BAGS FOR ZOO 189 09/26/2023 STELLAR SURFACES INC PO 126222 PRCS $ 3,500.00 CONCRETE POLISHING AT ZOO - COMMISSARY 190 08/02/2023 KITTRICH CORPORATION PO 126058 PRCS $ 4,841.52 CUSTOM CANOPIES 191 09/12/2023 KITTRICH CORPORATION PO 126183 PRCS $ 2,270.22 CUSTOM CANOPIES - SENIOR SERVICES 192 09/28/2023 50 CAL EMBROIDERY LLC PO 126234 PRCS $ 11,778.86 CUSTOM STAFF SHIRTS 193 08/21/2023 SO CAL EMBROIDERY LLC PO 126116 PRCS $ 14,999.26 CUSTOMIZED STAFF T-SHIRTS 194 08/31/2023 WHEN I WORK INC PO 126149 PRCS $ 6,840.00 EMPLOYEE SCHEDULING & ATTENDANCE SOFTWARE 195 07/20/2023 ALR PRODUCTIONS, LLC AG N-2023-181 PRCS $ 47,788.88 EVENT PRODUCTION SERVICES FOR CITY EVENTS 196 07/06/2023 CENTRAL NEBRASKA PACKING INC PO 125945 PRCS $ 2,916.02 FELINE FOOD FOR ZOO OCELOTS 197 09/07/2023 RELIABLE PROTEIN PRODUCTS PO 126168 PRCS $ 941.32 FLAMINGO FOOD 198 07/13/2023 ITS FOAM TIME AG N-2023-173 PRCS $ 1,200.00 FOAM EVENTS AT SUMMER SPLASH DAY CAMP 199 07/26/2023 B&H PHOTO VIDEO PO 126036 PRCS $ 2,716.26 HP PRINTER POSTER PAPER 200 08/31/2023 ULINE INC PO 126152 PRCS $ 989.98 INDUSTRIAL SHELVING FOR SALGADO CENTER 201 07/11/2023 ULINE INC PO 125972 PRCS $ 1,219.24 JANITORIAL RESTROOM SIGNS 202 08/21/2023 MARTINEZ, JONY dba ZEN BUSHIDO KAN KARATE DO AG N-2023-201 PRCS $ 25,000.00 KARATE CLASS INSTRUCTION SERVICES 203 08/21/2023 MALDONADO TAFOYA, VICTORIA AG N-2023-197 PRCS $ 3,000.00 LIVE PERFORMANCE AT 2023 CHICANO HERITAGE FESTIVAL 204 08/21/2023 MALO BAND, LLC. AG N-2023-196 PRCS $ 11,500.00 LIVE PERFORMANCE AT 2023 CHICANO HERITAGE FESTIVAL 205 08/24/2023 SALAS, DAVID- TIERRA LEGACY AG N-2023-216 PRCS $ 6,600.00 LIVE PERFORMANCE AT 2023 CHICANO HERITAGE FESTIVAL 206 08/22/2023 THE ALTONS AG N-2023-210 PRCS $ 50,000.00 LIVE PERFORMANCE AT 2023 CHICANO HERITAGE FESTIVAL Y07 08/21/2023 FUNK FREAKS BOUTIQUE, INC. AG N-2023-199 PRCS $ 3,000.00 LIVE PERFORMANCE AT 2023 CHICANO HERITAGE FESTIVAL- FUNK FREAKS 208 08/21/2023 FUNK FREAKS BOUTIQUE, INC. AG N-2023-200 PRCS $ 5,000.00 LIVE PERFORMANCE AT 2023 CHICANO HERITAGE FESTIVAL- MOFAK 209 08/21/2023 FUNK FREAKS BOUTIQUE, INC. AG N-2023-198 PRCS $ 2,000.00 LIVE PERFORMANCE AT 2023 CHICANO HERITAGE FESTIVAL- ZACKEY FORCE FUNK 210 07/13/2023 ARTIST ROYALTY AND MUSIC SERVICES, LLC - TIERRA LEGACY AG N-2023-174 PRCS $ 6,500.00 LIVE PERFORMANCE AT CHICANO HERITAGE FESTIVAL 211 09/12/2023 MORALES, ALEJANDRO f/s/o HEX INDIGO BAND AG N-2023-230 PRCS $ 700.00 LIVE PERFORMANCE AT FIESTAS PATRIAS 212 09/06/2023 RAMIREZ, OSCAR f/s/o MANTRA AG N-2023-221 PRCS $ 1,050.00 LIVE PERFORMANCE AT FIESTAS PATRIAS 213 08/25/2023 BEGINNERS EDGE SPORTS TRAINING, LLC. AG N-2023-213 PRCS $ 25,000.00 MULTI -SPORT PROGRAMMING SERVICES 214 08/25/2023 DE LUNA CONSTRUCTION PO 126127 PRCS $ 605.38 MURAL SUPPLIES FOR EL SALVADOR PARK 215 08/31/2023 ULTIMATE ATTRACTIONS, LLC AG N-2023-218 PRCS $ 24,475.00 OUTDOOR AMUSEMENT RIDES & ATTRACTIONS 216 07/13/2023 SOURCE GRAPHICS PO 125997 PRCS $ 1,672.66 PRINTHEADS FOR HP PLOTTER 217 08/08/2023 SOURCE GRAPHICS PO 126075 PRCS $ 1,003.08 PRINTHEADS FOR HP PLOTTER 218 07/26/2023 AGUILAR, ROXANNE AG N-2023-186 PRCS $ 25,000.00 RECREATION SERVICES FOR SEWING CLASS INSTRUCTION SERVICES 219 09/12/2023 REF REPS LLC PO 126185 PRCS $ 2,250.00 REFEREE EDUCATION COURSE FOR YOUTH SPORTS 220 08/25/20 City Council - 6 1/21/2023 Quarterly Report of Contracts: July 1, 2023 to September 30, 2023 No. Date Vendor Name Type Number Agency Amount Description 221 08/25/2023 AEF SYSTEMS CONSULTING INC. AG N-2023-214 PRCS $ 35,000.00 SOFTWARE SUPPORT SERVICES 222 09/14/2023 PORTILLO, MARIA RAQUENEL AG N-2023-233 PRCS $ 10,000.00 SPEAKER/PERFORMER AT FIESTAS PATRIAS 223 09/06/2023 MARTINEZ, RAUL "EL DIABLO" AG N-2023-220 PRCS $ 2,000.00 SPEAKER/PERFORMER- MASTER OF CEREMONIES AT FIESTAS PATRIAS 224 07/13/2023 TSS, INC. dba ALL STAGE PRO AG N-2023-175 PRCS $ 4,477.00 STAGE RENTAL SERVICES 225 08/08/2023 ULINE INC PO 126074 PRCS $ 1,131.83 STORAGE SHELVES FOR SENIOR CENTER 226 07/12/2023 PACIFIC MOBILE STRUCTURES INC PO 125975 PRCS $ 4,550.00 TRAILER LEASE - ZOO KEEPER OFFICES 227 09/26/2023 S. ZIA HUSSAIN AG N-2023-242 PRCS $ 25,000.00 URBAN PLANNING CLASSES 228 07/11/2023 MANHATTAN STITCHING COMPANY PO 125968 PRCS $ 1,201.75 YOUTH SUMMER CAMP T-SHIRTS 229 08/14/2023 SCMAF ORANGE COUNTY PO 126095 PRCS $ 540.00 YOUTH TRACK & FIELD REGISTRATION FEES 230 09/27/2023 GRAINGER INC PO 126226 PRCS $ 11,410.86 ZOO HAND WASHING STATION REPLACEMENT 231 09/27/2023 PENSKE CHEVROLET OF CERRITOS PO 126225 PWA $ 36,395.28 2023 CHEVROLET COLORADO TRUCK 232 08/10/2023 PETES ROAD SERVICE INC PO 126089 PWA $ 2,000.00 AS -NEEDED 24-HR EMERGENCY ROAD SERVICE 233 07/17/2023 STARLITE RECLAMATION PO 126008 PWA $ 5,000.00 AS -NEEDED ASBESTOS REMOVAL & DISPOSAL Y34 07/12/2023 MATCO TOOLS PO 125979 PWA $ 7,962.50 AS -NEEDED AUTOMOTIVE/INDUSTRIAL TOOLS 235 08/31/2023 TREE PROS INC PO 126151 PWA $ 25,000.00 AS -NEEDED CITY TREE SVCS & MAINTENANCE 236 09/25/2023 AIRGAS USA LLC PO 126213 PWA $ 5,000.00 AS -NEEDED CO2 CYLINDERS FOR CITY HALL FOUNTAINS 237 07/24/2023 SIGN CONCEPTS PO 126024 PWA $ 25,000.00 AS -NEEDED CUSTOMIZED BANNERS 238 07/25/2023 BEYONDGREEN BIOTECH INC PO 126032 PWA $ 12,000.00 AS -NEEDED DOG WASTE BAGS & DISPENSERS 239 07/12/2023 VORTEX INDUSTRIES INC PO 125986 PWA $ 15,000.00 AS -NEEDED DOOR REPAIR SVCS 240 07/26/2023 Z ABRASIVES INC PO 126039 PWA $ 24,999.99 AS -NEEDED DUCTLESS SYSTEM SUPPLIES 241 08/07/2023 CALI ELECTRIC MOTORS, INC PO 126068 PWA $ 20,000.00 AS -NEEDED ELECTRIC MOTOR REPAIR & SVCS 242 07/24/2023 AAA ELECTRIC MOTOR SALES & SERVICE INC PO 126021 PWA $ 6,000.00 AS -NEEDED ELECTRIC MOTOR REPAIRS 243 07/12/2023 BURLINGTON SAFETY LABORATORY PO 125987 PWA $ 5,000.00 AS -NEEDED ELECTRICAL GLOVE TESTING 244 07/25/2023 SLS PROPERTY SOLUTIONS INC PO 126033 PWA $ 5,000.00 AS -NEEDED EMERGENCY BOARD -UP SERVICES 245 07/20/2023 QUINN COMPANY PO 126014 PWA $ 10,000.00 AS -NEEDED ENGINE MAINTENANCE & REPAIR SVCS 246 08/01/2023 KIMBALL MIDWEST PO 126052 PWA $ 5,000.00 AS -NEEDED FLEET FASTENERS & HARDWARE 247 07/25/2023 H.L. MILLER INC PO 126029 PWA $ 18,000.00 AS -NEEDED GENERAL CONSTRUCTION REPAIR SVCS 248 08/09/2023 DIXIE DIESEL & ELECTRIC INC PO 126080 PWA $ 18,000.00 AS -NEEDED GENERATOR MAINT & REPAIR SVC 249 07/10/2023 ONSTAR LLC PO 125962 PWA $ 10,000.00 AS -NEEDED GPS VEHICLE TRACKING SVCS 250 08/11/2023 MR D'S AUTOMOTIVE PO 126092 PWA $ 10,000.00 AS -NEEDED HEAVY DUTY VEHICLE PARTS & SVCS 251 08/03/2023 P L HAWN CO INC PO 126061 PWA $ 35,000.00 AS -NEEDED HVAC FILTERS 252 08/25/2023 MAKAI SOLUTIONS PO 126130 PWA $ 3,000.00 AS -NEEDED HYDRAULIC LIFT REPAIRS 253 07/13/2023 QAIR CALIFORNIA PO 125994 PWA $ 5,000.00 AS -NEEDED KOBELCO COMPRESSOR SERVICES 254 07/06/2023 ADVANCED LOCK AND KEY PO 125955 PWA $ 2,500.00 AS -NEEDED LOCKSMITH & RELATED SVCS 255 07/12/2023 INDUSTRIAL METAL SUPPLY INC PO 125978 PWA $ 10,000.00 AS -NEEDED METAL AND STEEL MATERIAL 256 09/06/2023 RYAN HERCO PRODUCTS CORP PO 126164 PWA $ 24,999.99 AS -NEEDED MISCELLANEOUS PLUMBING SUPPLIES 257 09/20/2023 JC MOTORS PO 126205 PWA $ 7,500.00 AS -NEEDED MOTORCYCLE TIRES 258 07/12/2023 ORANGE COAST PETROLEUM INC PO 125983 PWA $ 5,000.00 AS -NEEDED OIL PUMP PARTS 259 07/24/2023 COAST RECREATION INC PO 126019 PWA $ 50,000.00 AS -NEEDED PLAYGROUND SUPPLIES & PARTS 260 07/17/2023 LONG BEACH BMW MOTORCYCLES PO 126005 PWA $ 8,000.00 AS -NEEDED POLICE MOTORCYCLE REPAIRS 261 07/17/2023 WEST COAST LIGHTS AND SIRENS PO 126006 PWA $ 40,000.00 AS -NEEDED POLICE VEHICLE OUTFITTING SVCS 262 07/12/2023 HYDROBLAST PO 125988 PWA $ 15,000.00 AS -NEEDED PRESSURE WASHING SVCS 263 07/20/2023 MUTUAL PROPANE PO 126016 PWA $ 4,083.70 AS -NEEDED PROPANE/CNG FUEL 264 07/20/2023 U S GAIN A DIVISION OF U S VENTURE INC. PO 126015 PWA $ 25,000.00 AS -NEEDED PROPANE/CNG FUEL 265 07/25/2023 REFRIGERATION SUPPLIES PO 126027 PWA $ 10,000.00 AS -NEEDED REFRIGERATION & A/C SUPPLIES 266 07/25/2023 ALLIED REFRIGERATION INC PO 126030 PWA $ 10,000.00 AS -NEEDED REFRIGERATION PARTS & SUPPLIES 267 09/05/2023 SELECT TRENCHLESS PIPELINES PO 126156 PWA $ 25,000.00 AS -NEEDED SEWER LATERAL LINING SVCS 268 09/05/2023 AZTEC CONTAINER PO 126154 PWA $ 15,000.00 AS -NEEDED STORAGE CONTAINER RENTAL 269 07/11/2023 MMU INC PO 125970 PWA $ 25,000.00 AS -NEEDED SUPPLIES FOR SANDBLASTING EQUIPMENT 270 07/17/2023 COASTLINE EQUIPMENT PO 126004 PWA $ 30,000.00 AS -NEEDED TRACTOR REPAIR SERVICES 271 07/12/2023 LEONS TRANSMISSION SERVICE INC PO 125984 PWA $ 17,500.00 AS -NEEDED TRANSMISSION PARTS & SVC 272 07/24/2023 VARIABLE SPEED SOLUTIONS INC PO 126023 PWA $ 25,000.00 AS -NEEDED VARIABLE SPEED DRIVES SERVICES 273 09/25/2023 MOTION & FLOW CONTROL PRODUCTS PO 126214 PWA $ 2,000.00 AS -NEEDED VEHICLE HOSES & FITTINGS 274 07/12/2023 IRV SEAVER MOTORCYCLES PO 125977 PWA $ 10,000.00 AS -NEEDED VEHICLE MAINT & REPAIR SVCS 275 07/12/20 ity ounal 9 - 7 11/21/2023 Quarterly Report of Contracts: July 1, 2023 to September 30, 2023 No. Date Vendor Name Type Number Agency Amount Description 276 07/06/2023 AUTONATION FORD TUSTIN PO 125948 PWA $ 25,000.00 AS -NEEDED VEHICLE MAINTENANCE & REPAIR SVC 277 07/12/2023 GUARANTY CHEVROLET MOTORS PO 125976 PWA $ 5,000.00 AS -NEEDED VEHICLE MAINTENANCE & REPAIR SVCS 278 07/06/2023 POMEROYS MUFFLER SHOP PO 125959 PWA $ 5,000.00 AS -NEEDED VEHICLE MAINTENANCE & REPAIR SVCS 279 08/01/2023 BARNES UPHOLSTERY PO 126049 PWA $ 8,000.00 AS -NEEDED VEHICLE UPHOLSTERY REPAIRS 280 08/30/2023 AMERICAN CONCRETE WASHOUTS INC PO 126148 PWA $ 5,000.00 AS -NEEDED WASHOUT SVCS 281 08/23/2023 CULLIGAN OF SANTA ANA PO 126122 PWA $ 30,000.00 AS -NEEDED WATER SOFTENER TANK EXCHANGE 282 09/05/2023 PACIFIC COAST ENTERTAINMENT PO 126157 PWA $ 15,000.00 AS -NEEDED WATER TANK GEL SHEETS 283 09/06/2023 AQUA TECH WATERJET & LASER INC PO 126161 PWA $ 24,999.99 AS -NEEDED WATERJET CUTTING SVCS & MATERIALS 284 07/17/2023 UNITED WATERWORKS INC PO 126009 PWA $ 22,799.99 AS -NEEDED WATERWORKS FITTINGS & SUPPLIES 285 07/31/2023 CA -NV SECTION AWWA PO 126047 PWA $ 705.00 CERTIFICATION WEBINARS (QTY 7) 286 07/24/2023 SMART SOURCE OF CALIFORNIA LLC PO 126025 PWA $ 745.09 CITATION BOOKLETS 287 08/14/2023 VELOCITY TRUCK CENTERS PO 126097 PWA $ 632.31 CNG CERTIFICATION DECAL (QTY 89) 288 08/25/2023 DELTAT, LLC PO 126129 PWA $ 4,354.32 COMMERCIAL FAN KIT 289 07/31/2023 WESTERN A/V PO 126045 PWA $ 11,278.48 CONFERENCING SYSTEM INSTALLATION - CITY YARD 290 08/14/2023 CONTRACTSAFE LLC PO 126096 PWA $ 3,767.58 CONTRACT MANAGEMENT SOFTWARE SUBSCRIPTION 291 08/22/2023 NATIONAL CORROSION AG N-2023-208 PWA $ 50,000.00 CORROSION ENGINEERING AND CATHODIC PROTECTION SVCS 292 08/31/2023 QUALITY FIRST WOODWORKS INC PO 126153 PWA $ 37,428.00 COUNCIL CHAMBERS AND LOBBY DESKS 293 09/28/2023 INTERNATIONAL E-Z UP INC PO 126237 PWA $ 10,327.84 CUSTOM CANOPIES & ACCESSORIES 294 08/25/2023 INTEGRA CLEAR CO PO 126133 PWA $ 3,154.11 DECHLORINATION SUPPLIES 295 08/24/2023 ALL TRAFFIC SOLUTIONS, INC. PO 126126 PWA $ 7,812.70 DIGITAL RADAR SPEED DISPLAY UNIT 296 09/19/2023 CHARGEPOINT INC. PO 126193 PWA $ 39,275.29 ELECTRIC VEHICLE (EV) CHARGING STATIONS 297 08/17/2023 THE AUTOMOTIVE TRAINING GROUP PO 126106 PWA $ 1,495.00 ELECTRICAL TECHNIQUE SEMINAR (5) - FLEET 298 08/25/2023 PACIFIC OIL COMPANY PO 126134 PWA $ 5,750.00 ELEVATOR PIT SOLIDS DISPOSAL SVC 299 09/06/2023 120 WATER AUDIT, INC. AG N-2023-223 PWA $ 50,000.00 END -TO -END LEAD COPPER COMPLIANCE PROGRAM SOLUTION SVCS 300 09/13/2023 PROACTIVE CONSULTING GROUP, LLC. AG N-2023-226 PWA $ 50,000.00 ENVIRONMENTAL COMPLIANCE ASSISTANCE SERVICES 301 08/03/2023 HARRIS STEEL FENCE CO INC PO 126060 PWA $ 14,902.00 FENCE INSTALLATION ATTHORNTON PARK 302 08/17/2023 HARRISON BUILDING INC PO 126108 PWA $ 25,865.10 FENCING INSTALLATION AT FIRE STATION 75 303 09/25/2023 METRON-FARNIER LLC PO 126215 PWA $ 8,428.01 FIRE HYDRANT METER PARTS 304 07/24/2023 TURF STAR INC PO 126022 PWA $ 4,825.11 FLATBED SIDE KIT FOR FLEET VEHICLE 305 08/03/2023 RON TURLEY ASSOCIATES INC PO 126062 PWA $ 9,950.00 FLEET MANAGEMENT SOFTWARE RENEWAL 306 07/13/2023 HAAKER EQUIPMENT COMPANY PO 125995 PWA $ 1,562.28 GAS CYLINDER & DETECTORS 307 09/20/2023 ANDRADES ICE CREAM BARS PO 126199 PWA $ 960.00 ICE CREAM FOR ZERO EMISSIONS DAY 308 07/01/2023 MCVICKER & ASSOCIATES BOC INV PWA $ 35,000.00 INVENTORY CITY LOGO BASEBALL HATS AND BEANIES 309 07/01/2023 NIKKI'S FLAG SHOP BOC INV PWA $ 17,500.00 INVENTORY FLAGS AND SUPPLIES 310 07/01/2023 PLUMBING & INDUSTRIAL BOC INV PWA $ 25,000.00 INVENTORY MISCELLANEOUS PLUMBING SUPPLIES 311 07/11/2023 SAFETYCULTURE PTY LTD PO 125973 PWA $ 4,332.00 MANAGEMENT SOFTWARE SUBSCRIPTION 312 09/28/2023 SOUTHERN COUNTIES LUBRICANTS PO 126233 PWA $ 5,031.57 OIL FOR FLEET VEHICLES 313 09/28/2023 SOUTHERN COUNTIES LUBRICANTS PO 126235 PWA $ 10,662.82 OIL FOR FLEET VEHICLES 314 09/07/2023 CALSTATE AUTOMOTIVE EQUIPMENT PO 126175 PWA $ 16,667.89 ON -CAR BRAKE LATHE 315 09/25/2023 PRES-TECH MANUFACTURERS REPRES PO 126219 PWA $ 24,991.13 PRESSSURE WASHER TRAILER REHAB REPAIRS AND PARTS 316 08/14/2023 APPLIED TECHNOLOGY GROUP, INC. AG N-2023-194 PWA $ 25,000.00 PROFESSIONAL WIRELESS SVCS 317 07/01/2023 MUTUAL PROPANE BOC 8369 PWA $ 20,000.00 PROPANE FUEL 318 07/01/2023 SUSAN CASE INC BOC 8365 PWA $ 10,000.00 PUBLIC NOTICE PACKAGES 319 08/15/2023 VELOCITY TRUCK CENTERS PO 126101 PWA $ 992.53 REPAIR SERVICES FOR CITY VEHICLES 320 09/06/2023 MUSCO SPORTS LIGHTING LLC PO 126160 PWA $ 3,685.00 REPLACE CONTROL MODULE LIGHTING - MADISON PARK 321 08/25/2023 AJ CONSTRUCTION SPECIALTIES PO 126128 PWA $ 7,134.00 REPLACEMENT PARK RESTROOM PARTITIONS 322 09/20/2023 SITESCAPES INC PO 126201 PWA $ 21,598.73 REPLACEMENT STEEL BENCHES - VARIOUS PARKS 323 07/21/2023 PAINT BLAST US AG N-2023-235 PWA $ 12,430.00 SANDBLASTED CROSSWALK ART AND SIDEWALK POETRY MOCKUP 324 07/26/2023 QUINN COMPANY PO 126035 PWA $ 1,092.50 SEISMIC ANCHOR TESTING PLAN SETS 325 08/10/2023 CA -NV SECTION AWWA PO 126090 PWA $ 1,925.00 SEMINAR REGISTRATION FEES - WATER RESOURCES 326 09/13/2023 JAMISON ENGINEERING CONTRACTORS, INC. AG N-2023-225 PWA $ 50,000.00 SEWAGE GRINDER INSTALLATION AND REMOVAL SERVICES 327 09/22/2023 PLUMBERS DEPOT INC PO 126212 PWA $ 23,598.00 SEWER NOZZLE AND PARTS 328 07/13/2023 WOODWARD & CURRAN, INC. AG N-2023-172 PWA $ 50,000.00 SEWER SYSTEM HYDRAULIC MODELING SUPPORT SERVICES 329 09/22/2023 ENTERPRISE PO 126209 PWA $ 9,032.76 SHORTTERM SEDAN VEHICLE RENTALS FOR PWA REFUSE (PENDING FLEET PRODUCTION) 330 09/21/20 ity ouncil 9 — 8 11/21/2023 Quarterly Report of Contracts: July 1, 2023 to September 30, 2023 No. Date Vendor Name Type Number Agency Amount Description 331 09/12/2023 KICKBOX LEASING LLC PO 126180 PWA $ 2,490.00 STORAGE FEES FOR SHIPPING CONTAINERS (4) 332 08/09/2023 THE SANDBAG STORE PO 126084 PWA $ 2,700.01 SUPPLIES FOR SAND BAG MACHINE 333 09/27/2023 BC TRAFFIC SPECIALIST PO 126229 PWA $ 1,311.00 TRAFFIC BARRICADE (CITY 8) 334 08/28/2023 COASTLINE EQUIPMENT PO 126136 PWA $ 7,676.76 TRANSMISSION PUMP REPLACEMENT 335 08/07/2023 VELOCITY TRUCK CENTERS PO 126066 PWA $ 4,051.32 TUBING REPLACEMENT REPAIR ON CITY VEHICLE 336 08/25/2023 USA BLUEBOOK PO 126132 PWA $ 4,054.47 WATER LEVEL METER (CITY 5) 337 07/20/2023 ABF PRINTING & MARKETING INC. PO 126017 PWA $ 1,177.72 WATER METER LABELS (CITY 4000) 338 07/25/2023 E H WACHS COMPANY PO 126034 PWA $ 14,617.65 WATER VALVE EQUIPMENT -TABLET CONTROLLER 339 09/07/2023 BAT JAC GLASS INC PO 126169 PWA $ 2,838.75 WINDOW REPLACEMENT AT MAIN LIBRARY 340 09/06/2023 QUALITY FIRST WOODWORKS INC PO 126165 PWA $ 1,850.00 WOOD & DRYWALL REPAIR AT RECEPTION DESK Total this period $ 4,296,492.50 Citywide budget excluding compensation $ 355,460,565.00 Percentage of budget amount 1.21% A enc De artment Total This Quarter Fiscal Year -to -Date City Attorney's Office (CAO) $ 140,169.64 $ 140,169.64 Clerk of the Council (COC) $ 2,500.00 $ 2,500.00 City Manager's Office (CMO) $ 158,483.40 $ 158,483.40 Community Development (CDA) $ 187,876.22 $ 187,876.22 Citywide $ 801,860.00 $ 801,860.00 Finance & Management Services (FMS) 74,197.90 74,197.90 Human Resources (HR) $ 78,662.45 $ 78,662.45 Information Technology (IT) $ 106,817.50 $ 106,817.50 Li rar LIB Pars Rec. & Comm. Services Planning and Building (PBA) $ 37,870.25 $ 37,870.25 Police (POL) $ 413,473.64 $ 413,473.64 u i , City Council 9-9 11/21/2023 Police Department www.santa-ana.org/pol ice Item # 10 ram`' City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Award Aggregate Blanket Order Contracts for Nitrile Gloves AGENDA TITLE Award Aggregate Blanket Order Contracts to Clean Space Project, LLC & Essential Care Supplies, Inc. for Nitrile Gloves in a Not -to -Exceed Aggregate Amount of $200,000 (Specification No. 23-139) (General Fund) RECOMMENDED ACTION Award aggregate blanket order contracts to vendors listed below for the purchase of nitrile gloves on an as -needed basis in an annual amount not to exceed $40,000, with a total aggregate contract amount not to exceed $200,000, for an initial one-year term expiring on November 14, 2024, with provisions for four, one-year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney. • Clean Space Project, LLC Wheat Ridge, CO • Essential Cares Supplies, Inc. Los Angeles, CA GOVERNMENT CODE 484308 APPLIES: No DISCUSSION Santa Ana Police Department personnel frequently come into contact with bloodborne pathogens, narcotics, and harmful chemicals while on patrol, processing crime scenes, and during the intake process. Nitrile gloves are durable and resistant to various chemicals, narcotics, and other safety hazards that can cause cuts or pierce Officer's hands. While handling evidence, staff must also wear gloves to avoid any cross contamination. Additionally, OSHA Title 29 of the Code of Federal Regulations (CFR), Bloodborne Pathogens, requires the use of nitrile gloves for safety. Therefore, it is essential for patrol, crime scene investigators, and correctional officers to wear gloves that protect from these exposures. The Invitation for Bids (IFB) No. 23-139 was advertised on August 15, 2023, on the City's online bid and management publication system. A summary of the Invitation for Bid and bids received is as follows: City Council 10 — 1 11/21/2023 Award Aggregate Blanket Order Contracts for Nitrile Gloves November 21, 2023 Page 2 442 Vendors notified 8 Santa Ana vendors notified 86 Vendors downloaded the bid packet 32 Bids received 0 Bids received from Santa Ana Vendors Bids were solicited, opened on September 12, 2023, and evaluated (Exhibit 1). The bids submitted by Clean Space Project, LLC located in Wheat Ridge, CO and Essential Cares Supplies, Inc. located in Los Angeles, CA were determined responsive to the specifications and meet the City's requirements.The bids selected will reduce the Department's nitrile glove costs by over 75% from the pandemic -era pricing encountered during the previous bidding process. FISCAL IMPACT The current fiscal year funding is available in the FY 2023-24 budget identified below, and future fiscal year funding will be included in the proposed budgets for City Council consideration: Fiscal Year Accounting Unit Fund Accounting Unit, Account Amount — Account # Description Description Field Operations, FY 23-24 01114420-63001 General Fund Miscellaneous Operating $5,000 Expenses Forensic Services, FY 23-24 01114455-63001 General Fund Miscellaneous Operating $5,000 Expenses Jail Operations, FY 23-24 01114475-63001 General Fund Miscellaneous Operating $10,000 Expenses Total $20,000 The amounts above are estimates only and are subject to change. EXHIBIT(S) 1. Abstract of Bids (23-139) Submitted By: Robert Rodriguez, Acting Police Chief Approved By: Steven A. Mendoza, Acting City Manager City Council 10 — 2 11/21/2023 I1:/:Ily1111ril ABSTRACT OF BIDS NITRILE GLOVES (23-139) BIDDER LOCATION TOTAL ABCO Developnment Corporation Los Angeles, CA $ 74,710.00 ActOne Government Solutions, Inc Las Vegas, NV $ 47,708.36 All In Safety Corp New Windsor, NY $ 19,275.18 AM Global Supply, Inc. Corona, CA $ 22,654.00 AP Safety Signal Hill, CA $ 33,735.18 Aramsco, Inc. Santa Fe Springs, CA $ 69,890.00 Bound Tree Medical, LLC Dublin, OH $ 26,943.80 Clean Space Project, LLC Wheat Ridge, CO $ 15,980.00 Ebisu Supplies, LLC Austin, TX $ 50,513.60 Essential Healthcare Solutions Los Angeles, CA $ 16,313.14 Guardian Safety & Supply, LLC Visalia, CA $ 45,151.80 Henry Schein, Inc. Melville, NY $ 27,027.40 Independence Capital, LLC Los Angeles, CA $ 58,958.24 Jonah's Enterprises, Inc Brooklyn, NY $ 37,451.40 Page 1 2 11/21/2023 City Council of 10 — 3 ABSTRACT OF BIDS NITRILE GLOVES (23-139) BIDDER LOCATION TOTAL Life -Assist, Inc. Rancho Cordova, CA $ 42,416.00 McKesson Medical -Surgical Government Solutions, LLC Henrico, VA $ 169,176.62 R&K Medical, Inc. Glendale, CA $ 67,480.00 RA United Enterprises Boca Raton, FL $ 48,195.18 Sleep Rx, LLC dba Aura Healthcare Skokie, IL $ 19,225.90 Trendco, LLC Columbia, SC $ 42,923.00 Trinity Safety Company Bakersfield, CA $ 208,132.42 Page 2 of 2 City Council 10 — 4 11/21/2023 Public Works Agency www.santa-ana.org/public-works Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Amend Blanket Order Contract for Asphalt Street Maintenance AGENDA TITLE Amend Blanket Order Contract with Hardy & Harper, Inc. for Asphalt Street Maintenance to Extend the Final Contract Term for an Additional 12 Month Period and Increase Total Contract for a Revised Total Not to Exceed Amount of $8,590,000 (Specification No. 18-084) (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the blanket order contract with Hardy & Harper, Inc. for asphalt street maintenance to extend the contract term for an additional 12-month period ending November 30, 2024, and increase the annual contract amount by $850,000 during the final extension period, for a revised total annual amount of $2,290,000 and total contract amount not to exceed $8,590,000, subject to non -substantive changes approved by the City Manager and City Attorney. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency's Maintenance Services Division maintains approximately 400 miles of roadway and 800 miles of sidewalks within the City of Santa Ana. Services under the asphalt street maintenance contract include the repair of existing roadway pavement, concrete repairs, restoration of utility service patches resulting from City repairs to water and sewer infrastructure, and repairs and adjustments to water valve boxes and manholes. On December 4, 2018, the City Council awarded a contract to Hardy & Harper, Inc. as a result of Invitation for Bids No. 18-084 for an initial one-year period, with provisions for four, one-year renewal options, in an annual amount not to exceed $990,000 to perform the services described above. On September 21, 2021, the City Council authorized an amendment to increase the annual amount by $450,000 for a revised annual amount not to exceed $1,440,000. This amendment ensured sufficient funds were available to perform needed street repairs resulting from an increase in emergency water and sewer system repairs. It also allowed the City to avoid deferring water and sewer system repairs due to the inability to perform subsequent street repairs. City Council 11 — 1 11/21/2023 Contract Amendment for Asphalt Street Maintenance November 21, 2023 Page 2 Currently, Staff is preparing to undergo a formal Request for Proposal (RFP) process to establish a new contract for this service. The requested 12-month contract extension is necessary to maintain the existing service levels, avoid postponing street maintenance, and to respond to emergency repairs in a timely manner. Hardy & Harper, Inc. has provided satisfactory services to the Public Works Engineering Division for several years and most recently completed the following Capital Improvement Projects (CIP): • Santa Clara Avenue Bike Lane and Pedestrian Improvements from Lincoln Avenue to Pasadena Street • Local Street Preventative Maintenance FY 2020-21 Staff recommends extending the current and final term of the blanket order contract for asphalt street maintenance by 12 months and increasing the annual amount by $850,000 during the final extension period, for a revised annual amount not to exceed $2,290,000. The revised total not to exceed contract amount will be $8,590,000 during the entire contract term, including all extension periods. FISCAL IMPACT The total contract increase for the remaining term is $850,000. The current fiscal year funding is available in the FY 2023-24 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration: Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account# Description Account Description CURRENT ANNUAL AMOUNT (Final Term Ending November 30, 2023) Roadway Maintenance, Special Gas Contract Services- $300,000 2023-24 02917660-62300 Tax Professional Sanitary Sanitary Sewer $340,000 2023-24 05617640-62300 Sewer Service, Contract Service Services -Professional Water System $800,000 2023-24 06017641-62300 Water Maintenance, Contract Services -Professional TOTAILI $1,440,000 REQUESTED AMENDMENT AMOUNT (12 -Month Extension) Roadway Maintenance, $145,834 2023-24 02917660-62300 Special Gas Contract Services - Tax Professional City Council 11 — 2 11/21/2023 Contract Amendment for Asphalt Street Maintenance November 21, 2023 Page 3 Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account# Description Account Description Sanitary Sewer $116,667 2023-24 05617640-62300 Sanitary Sewer Service Service, Contract Services -Professional Water System $233,334 2023-24 06017641-62300 Water Maintenance, Contract Services -Professional Roadway Maintenance, $104,166 2024-25 02917660-62300 Special Gas Contract Services - Tax Professional Sanitary Sewer $83,333 2024-25 05617640-62300 Sanitary Sewer Service Service, Contract Services -Professional Water System $166,666 2024-25 06017641-62300 Water Maintenance, Contract Services -Professional ADJUSTED SUBTOTAL $850,000 TOTAL $2,290,000 Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager City Council 11 — 3 11/21/2023 Public Works Agency www.santa-ana.org/public-works Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Purchase of a Bucket Truck for Public Works Parks Maintenance AGENDA TITLE Award a Purchase Order to Terex Utilities for One Terex Hi -Ranger LT40 Bucket Truck, in an Amount Not to Exceed $246,693 (Specification No. 23-166) (General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to Terex Utilities for one Terex Hi -Ranger LT40 Bucket Truck in the amount of $241,693, plus a contingency amount of $5,000, for a total amount not to exceed $246,693, subject to non - substantive changes approved by the City Manager and City Attorney. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Public Works Agency's Parks, Fleet, and Facilities Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Fleet Services section maintains an equipment replacement schedule and works with various departments to routinely replace vehicles and equipment that have surpassed their useful life cycle. The Parks Maintenance team provides landscape maintenance services throughout City parks and facilities. The Park Maintenance team utilizes bucket trucks for ongoing operations and is essential for projects concerning high reaching electrical work, tree trimming, overhead structure maintenance, gazebo and roof repairs, and other hard -to - reach areas. The equipment requested is to replace Park Maintenance's aging fleet that have surpassed their useful lifecycle. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Sourcewell, a cooperative government purchasing agency, awarded a contract to Terex Utilities (Contract No. 110421-TER) as a result of open, competitive bidding on behalf of its members, which includes government agencies. Staff researched available procurement options and product offerings in the market, and determined that Terex Utilities meets the City's specifications. By leveraging the City Council 12 — 1 11/21/2023 Purchase of a Bucket Truck November 21, 2023 Page 2 procurement power through cooperative purchasing, the City of Santa Ana is able to obtain nationally vetted, high quality products at competitive volume pricing, and is in accordance with the City's existing purchasing guidelines. FISCAL IMPACT Funding is available in the FY 2023-24 budget. The following table summarizes the funds budgeted and available for expenditure to deliver agreement services. Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account Description Account Description 01117651- Park Maintenance FY 23-24 66400 General Fund Service Enhancement, $246,693 Machinery & Equipment TOTAL $246,693 EXHIBIT(S) 1. Terex Utilities Quote No. QU30922-TU-V1 Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager City Council 12 — 2 11/21/2023 ❑Gb TEREX. EXHIBIT 1 CUSTOMER ORDER ACKNOWLEDGEMENT Terex USA, LLC dba Terex Utilities - 3140 15th Avenue SE - Watertown, SD 57201 - Phone: 605-882-4000 Date: 19-SEP-2023 Quote Number: QU30922-TU-V1 Unit: LT40 Sourcewell Contract Number: 110421-TER City of Santa Ana 220 S. Daisy Ave. Santa Ana, CA 92703 Baseline Price: $220,692.23 Estimated Taxes: 9.25% $20,414 Grand Total Each: $241,106.23 This written description and attached specifications have been producted by Terex USA, LLC dba Terex Utilities and shall not be released, disclosed, nor duplicated without the written permission of Terex USA, LLC dba Terex Utilities, Inc. Prices are subject to change until shipment. Applicable taxes and any applicable surcharges to be added. Taxes, shipping, handling and lead times are estimates and subject to change. Quoted prices are based on total package and subject to change if all items not purchased. All prices quoted are in U.S. dollars unless otherwise specified. Payment by cash or certified check only. Chassis price based off current pricing available at time of quote. Pricing is subject to change based on vehicle sourcing; final price to be confirmed prior to time of invoice. Chassis payment is due within 30 days of chassis receipt at our facility. Quote withdrawn after 60 days. Please ensure the accuracy of the specifications and drawings you provide. Changes made after receipt of order may incur additional charges. If you are trading equipment in, you warrant that: You have good title to the trade-in; it is free of all liens and encumbrances; all information you have provided related to the trade-in is true and correct. Terex purchased chassis through Terex preferred International Dealer will include at no additional cost a special tow package for 12 months/unlimited mileage to nearest International Dealership for a warrantable failure. Coverage limited to $550 per incident. For roadside assistance call 1-800-448-7825. Terex-purchased chassis through Terex preferred Freightliner Dealer will include at no additional cost a special tow package for 12 months/unlimited mileage/KM extended towing coverage $550 cap FEX applies. For roadside assistance call 1-800-FTL-HELP. Notes: 1) Delivery Terms are CPT - 2020 . - Delivery to customer included. 2) Payment Terms are Net 30 Pending Approval . 3) Delivery days from receipt of order shall be 520-720 Days . Buyer hereby agrees to purchase the products in this quotation, subject to acceptance by Seller. Buyer has read and agrees to Seller's Terms and Conditions of Sale. Terex USA, LLC dba Terex Utilities Project Leader: Account Manager: Steve Fedt Albert Gutierrez Accepted By: PO Number: Quantity: Grand Total: Date: City Council 12-3 11 /21 /2023 page 1 of 40 ❑tb TEREX„. TEREX USA, LLC dba TEREX UTILITIES ("Seller") TERMS AND CONDITIONS OF SALE U.S. and CANADA (except Quebec) 1. Terms and Conditions. The provision by Seller to Buyer of any Equipment or Parts (collectively referred to as "Products") shall be exclusively governed by these Terms and Conditions of Sale ("Terms and Conditions") and Seller's sales order acknowledgement (collectively referred to as "Agreement"). This Agreement cancels and supersedes any and all terms and conditions previously issued by Seller and shall remain in effect unless and until superseded in writing by Seller. Acceptance of an order for Products by Seller shall be deemed to constitute a binding agreement between the parties pursuant to these Terms and Conditions and Buyer agrees that the order may not thereafter be countermanded or otherwise changed without the explicit prior written consent of Seller. No other terms and conditions shall apply, including the terms of any purchase order submitted to Seller by Buyer, whether or not objected to by Seller or whether or not such terms are inconsistent or conflict with or are in addition to these Terms and Conditions. These Terms and Conditions shall be deemed accepted by Buyer if any of the following occurs: (i) if confirmed by Buyer, (ii) if undisputed by Buyer within ten (10) days after receipt, or (iii) if Seller delivers Products to Buyer. Any communication construed as an offer by Seller and acceptance thereof is expressly limited to these Terms and Conditions. The Products are intended for industrial/commercial use by professional contractors and their trained employees and are not intended for use by consumers. 2.Terms of Payments. Payment for Products purchased by Buyer shall be made in accordance with any of the following terms, provided they have been previously arranged with and expressly approved by Seller in writing: (1) cash in advance; (2) confirmed, irrevocable letter of credit established in such amount and form and at such time and at such bank as shall be approved by Seller in respect of each order; (3) credit account purchases for which payment will be due and payable on net thirty (30) day terms, plus service and other charges applicable to past due amounts in accordance with Seller's written notices; or (4) other payment arrangements expressly approved by Seller in writing prior to or at the time the order is placed. If any Buyer credit account purchase is not paid in accordance with Seller's credit payment terms, in addition to any other remedies allowed in equity or by law, Seller may refuse to make further shipments without advance payment by Buyer. Nothing contained herein shall be construed as requiring Seller to sell any Products to Buyer on credit terms at any time, or prohibiting Seller from making any and all credit decisions which it, in its sole discretion, deems appropriate for Seller. Seller shall have the right, at its option, to charge interest on all amounts not paid when due and Buyer agrees to pay such interest calculated on a daily basis, from the date that payment was due until the Seller receives payment in full, at the rate of 1.5% per month or the maximum rate permitted by applicable law. Unless otherwise agreed in writing between Seller and Buyer, Seller may, in its sole discretion, increase or decrease the price of any Product, as Seller deems reasonably necessary, at any time prior to shipment and invoice Buyer for the same. If Buyer orders the chassis through Seller, the chassis payment is due upon receipt of chassis by Seller and the balance owed for the completed unit is due in accordance with agreed upon payment terms. When supplied by Buyer, Seller will inspect the chassis upon receipt and will notify Buyer of any chassis mounted components (including but not limited to fuel tanks, air tanks, battery boxes and exhaust systems) that require relocation. Buyer will be invoiced for such work upon completion of the finished Equipment. 3. Taxes and Duties. Unless otherwise noted, prices quoted do not include taxes or duties of any kind or nature. Buyer agrees that it will be responsible for filing all tax returns and paying applicable tax, duty, export preparation charge and export documentation charge resulting from the purchase of the Products. In addition, in the event any other similar tax is determined to apply to Buyer's purchase of the Products from Seller, Buyer agrees to indemnify and hold Seller harmless from and against any and all such other similar taxes, duties and fees. All prices quoted are U.S. dollars unless otherwise specified. The amount of any present or future taxes applicable to the sale, transfer, lease or use of the Products shall be paid by Buyer; or in lieu thereof, Buyer shall provide Seller with a tax exemption certificate satisfactory to the applicable taxing authority proving that no such tax is due and payable upon such sale, transfer, lease or use. 4. Title, Property, Risk and Delivery. Unless otherwise stated in writing, for all intra-continental United States shipments, all prices and delivery are FCA, point of manufacture (Incoterms 2020); for all other shipments, all prices and delivery are FAS, named port of shipment (Incoterms 2020). Title and all risk of loss or damage to Products shall pass to Buyer upon delivery, as per Incoterms 2020. Any claims for loss, damage or delay in transit must be entered and prosecuted by the Buyer directly with the carrier, who is hereby declared to be the agent of the Buyer. Seller shall not be liable for any delay in performance of this agreement or delivery of the Products, or for any damages suffered by Buyer by reason of delay, when the delay is caused, directly or indirectly, by a force majeure event described in Section 20 herein or any other cause beyond Seller's control. Claims for shortages in shipments shall be deemed waived and released by Buyer unless made in writing within five (5) days after Buyer's receipt of shipment. Seller's responsibility for shipment shall cease upon delivery of the Products to the place of shipment, and all claims occurring thereafter shall be made to or against the carrier by Buyer. Delivery shall generally be 240 to 270 days after receipt by Seller of a signed Order, provided that, where applicable: (1) Seller receives the chassis a minimum of 90 days prior to scheduled delivery, (2) drawings are timely sent by Buyer and the approved drawings are returned to Seller by Buyer by the requested date, (3) all vendor -supplied components and Buyer -supplied accessories are received by Seller by the date necessary to comply with scheduled delivery. Seller shall not be liable for any delay in performance of this agreement or delivery of the Products, or for any damages suffered by Buyer by reason of delay, when the delay is caused, directly or indirectly, by a force majeure event described in Section 20 herein or any other cause beyond Seller's control. Claims for shortages in shipments shall be deemed waived and released by Buyer unless made in writing within fifteen (15) days after Buyer's receipt of shipment. Seller's responsibility for shipment shall cease upon delivery of the Parts and or Equipment to the place of shipment, and all claims occurring thereafter shall be made to or against the carrier by Buyer. 5.Delays Caused By Buyer. In the event of a delay in shipment or delivery due to delay by Buyer in furnishing delivery instructions, arranging a method of payment satisfactory to Seller, submitting valid import permits or licenses, or any other delay caused by Buyer or at Buyer's request, if the Products are not shipped or delivered within five (5) days from the first date they are ready to be shipped or Clty C0Ur1gkrex USA, LLC dba Terex Utilities, Terms and 1�nditions of Sale, U.S. and Canada (ex1eptVOIN?L. 1 June 2023 0 TEREX., delivered, then Seller shall be entitled to charge, as compensation, any additional costs incurred related to such delay. If the Products are not shipped or delivered by the date which is ten (10) days from the first date they are ready to be shipped or delivered, then Buyer's order shall be deemed cancelled and Seller may, in its sole discretion, sell such Products to another buyer without any liability or responsibility to Buyer whatsoever. Seller shall have the right to keep payments on account already received from Buyer, and the difference between the sales price (increased by any other and all further costs, including but not limited to attorney's fees and expenses, storage and other costs, and interest accrued thereon) and the price received from another buyer shall constitute a debt of Buyer and bear interest at the same rate set forth in Section 2 herein. Seller shall be entitled to claim for any further damages suffered as a consequence of Buyer's breach of its obligations hereunder. 6.Cancellation. Prior to delivery to place of shipment, a Product order may be cancelled only with Seller's prior consent and upon terms indemnifying Seller from all resulting losses and damages. Seller shall have the right to cancel and refuse to complete a Product order if any term and/or condition governing this agreement is not complied with by Buyer. In the event of cancellation by Seller, or in the event Seller consents to a request by Buyer to stop work or to cancel the whole or any part of any order, Buyer shall, in the event that Seller asks Buyer to do so, make reimbursement to Seller, as follows: (i) any and all work that can be completed within thirty (30) days from date of notification to stop work on account of cancellation shall be completed, shipped and paid in full; and (ii) for work in progress and any materials and supplies procured or for which definite commitments have been made by Seller in connection with the order, Buyer shall pay such sums as may be required to fully compensate Seller for actual costs incurred, plus fifteen percent (15%). Buyer may not cancel any order after Seller's delivery to place of shipment. Orders for "Special" Equipment may not be cancelled after acceptance, except by Seller. Items of "Special" Equipment are those that differ from standard Seller specifications, have a limited market, or incorporate specifications that have been determined for a specific application. Determination of whether an item of Equipment is "Special" shall be made by Seller in its sole discretion. 7. Inspection and Acceptance. Buyer agrees that it shall inspect the Products immediately after receipt and promptly (in no event later than fifteen (15) days after receipt) notify Seller in writing of any non -conformity or defect. Buyer further agrees that failure to give such prompt notice or the commercial use of the Products shall constitute acceptance. Acceptance shall be final and Buyer waives the right to revoke acceptance for any reason, whether or not known by Buyer at the time of such acceptance. The giving of any such notice by Buyer shall automatically cause the provisions of Seller's warranty to apply and govern the rights, obligations and liabilities of the parties with respect to such nonconformity or defect, provided under no circumstances shall rejection give rise to any liability of Seller for incidental or consequential damages or losses of any kind. Seller shall not be bound by any agent's, employee's or any other representation, promise or inducement not set forth herein. Seller's catalogues, technical circulars, price lists, illustrations, drawings and any other similar literature are for Buyer's general guidance only and the particulars contained in them shall not constitute representations by Seller and Seller shall not be bound by them. 8. Warranty for New Products. Seller warrants its new Equipment and Parts manufactured and sold worldwide, to be free, under normal use and service, of any defects in material or workmanship for a period of twelve (12) months from the date of delivery(as limited by Seller's Limited Product Warranty); provided that Buyer sends Seller written notice of the defect within thirty (30) days of its discovery and establishes that: (i) the Equipment has been operated and maintained in strict compliance with Seller's operating and maintenance manuals ; and (ii) the defect did not result in any manner from the intentional or negligent action or inaction of Buyer, its agents or employees and (2) a new machine registration certificate has been completed, signed and delivered to the Seller within thirty (30) days of the Equipment's "in-service" date. If requested by Seller, Buyer must return any defective Product to Seller's manufacturing facility, or other location designated by Seller, for inspection, and if Buyer cannot establish that conditions (i) and (ii) above have been met, then this warranty shall not cover the alleged defect. Failure to give written notice of defect within such period shall be a waiver of this warranty and any assistance rendered thereafter shall not extend or revive it. Accessories, assemblies and components included in the Products of Seller, which are not manufactured by Seller, are subject to the warranty of their respective manufacturers. This warranty shall not cover any item on which serial numbers have been altered, defaced or removed. Maintenance and wear parts are not covered by this warranty and are the sole maintenance responsibility of Buyer. This warranty is limited to the original purchaser or end - user if sold to a distributor, and is not assignable or otherwise transferable without written agreement of Seller. THIS WARRANTY IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER OBLIGATIONS OR LIABILITY ON SELLER'S PART. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE LIMITED WARRANTY CONTAINED HEREIN. Seller neither assumes nor authorizes any other person to assume for Seller any other liability in connection with the sale of Seller's Products. This warranty shall not apply to any of Seller's Products or any part thereof which has been subject to misuse, alteration, abuse, negligence, accident, acts of God or sabotage. No action by either party shall operate to extend or revive this limited warranty without prior written consent of Seller 9. Warranty for Used Equipment. Used Equipment sold hereunder is sold on an "AS IS, WHERE IS, WITH ALL FAULTS" BASIS WITH NO WARRANTIES WHATSOEVER, EXCEPT AS TO TITLE, UNLESS OTHERWISE SPECIFICALLY AGREED IN WRITING BY BUYER AND SELLER. SELLER ASSUMES NO RESPONSIBILITY FOR THE CONDITION, SAFETY, LEGAL COMPLIANCE, OR USABILITY OF THE USED EQUIPMENT AND MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USED EQUIPMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER MAKES NO REPRESENTATION OR WARRANTY REGARDING THE CONDITION OF THE USED EQUIPMENT, NOR THE SUFFICIENCY OF ANY WARNINGS, INSTRUCTIONS OR MANUALS PROVIDED WITH THE USED EQUIPMENT. Seller recommends and Buyer acknowledges that Buyer should contact the original manufacturer to obtain all available information for the used Equipment, including but not limited to product manuals, warnings, safety bulletins, recall notices, and instructional placards before using the used Equipment. Seller shall not be responsible for providing such information. Buyer agrees not to assert any claims against Seller with respect to the used Equipment or its use. Buyer agrees that it shall inspect the used Equipment prior to issuance of a purchase order for such Equipment and acknowledges that it is not relying upon Clty COUI]3A rex USA, LLC dba Terex Utilities, Terms and C di As of Sale, U.S. and Canada (exuept u1?eQ?L. 1 June 2023 0 TEREX.. any photographs, images, videos, representations, statements or other assertions made by Seller with respect to the used Equipment's condition, but is relying upon its own knowledge and/or inspection of the used Equipment. 10. Remedies for Breach. IN THE EVENT OF ANY BREACH OF THE WARRANTY BY SELLER, THE PARTIES AGREE THAT SELLER'S LIABILITY SHALL BE LIMITED EXCLUSIVELY TO THE REMEDIES OF REPAIR OR REPLACEMENT (AT SELLER'S SOLE DISCRETION) OF ANY DEFECTIVE EQUIPMENT COVERED BY THE WARRANTY. In no event shall any repair or replacement of any defective equipment covered by the Seller's warranty extend the length of the warranty beyond the period specified in Section 8 herein. 11. Limitation of Liability. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, Seller and its affiliates shall not be liable for, and specifically disclaim, any liability for any: (a) LOST PROFITS and/or business interruption (WHETHER DIRECT OR INDIRECT); and (b) indirect, incidental, consequential (whether direct or indirect) or other damages or losses of any kind whatsoever, including, without limitation, labor costs, lost profits, loss of use of other equipment, third party repairs, personal injury, emotional or mental distress, improper performance or work, penalties of any kind, loss of service of personnel, or failure of Products to comply with any federal, state, provincial or local laws, regardless of whether arising from a breach of contract, or warranty, legal claims or otherwise. Nothing in this Section shall operate to exclude Seller's liability for death or personal injury when directly related to Seller's negligent act or omission. 12. Limitation of Actions. Any action for breach of this agreement must be commenced within one (1) year after the cause of action has accrued. 13. Specification Changes. In the event Seller incurs additional expense because of changes in specifications or drawings previously approved by Buyer, or in the event Seller is required to modify the ordered Equipment, perform any additional work or supply any additional Products, the additional expense shall be added to the purchase price. Buyer must submit to Seller a revised purchase order specifying any and all requested changes. Upon receipt of Buyer's revised purchase order, Seller shall have the right, in its sole discretion, to accept or reject any changes in specifications requested by Buyer. 14. Trade-in Offers. Trade-in offers are subject to Seller's inspection and acceptance of the equipment, which must have been maintained to U.S. Department of Transportation operating and safety standards. All accessories on the equipment, including without limitation jibs, winches, pintle hooks and trailer connectors, must remain with the equipment unless otherwise agreed by Seller and Buyer in writing. Seller reserves the right to cancel any trade-in offers or agreements if these conditions are not met, or if Buyer has misrepresented any information about the trade-in unit. 15. Insurance. Until the purchase price of any Products is paid in full, the Buyer shall provide and maintain insurance equal to the total value of the Equipment delivered hereunder against customary casualties and risks; including, but not limited to fire and explosion, and shall also insure against liability for accidents and injuries to the public or to employees, in the names of Seller and Buyer as their interest may appear, and in an amount satisfactory to Seller. If the Buyer fails to provide such insurance, it then becomes the Buyer's responsibility to notify the Seller so that the Seller may provide same; and the cost thereof shall be added to the contract price. All loss resulting from the failure to affect such insurance shall be assumed by the Buyer. 16. Patents, Copyrights, Trademarks, Confidentiality. No license or other rights under any patents, copyrights or trademarks owned or controlled by Seller or under which Seller is licensed are granted to Buyer or implied by the sale of Products hereunder. Buyer shall not identify as genuine products of Seller products purchased hereunder which Buyer has treated, modified or altered in any way, nor shall Buyer use Seller's trademarks to identify such products; provided, however, that Buyer may identify such products as utilizing, containing or having been manufactured from genuine products of Seller as treated, modified or altered by Buyer or Buyer's representative, upon prior written approval of Seller. All plans, photographs, designs, drawings, blueprints, manuals, specifications and other documents relating to the business of Seller ("Information") shall be and remain the exclusive property of Seller and shall be treated by Buyer as confidential information and not disclosed, given, loaned, exhibited, sold or transferred to any third party without Seller's prior written approval; provided, however, that these restrictions shall not apply to Information that Buyer can demonstrate: (a) at the time of disclosure, is generally known to the public other than as a result of a breach of this Agreement by Buyer; or (b) is already in Buyer's possession at the time of disclosure by from a third party having a right to impart such Information. 17. Default and Seller's Remedies. In the event of default by Buyer, all unpaid sums and installments owed to Seller, shall, at Seller's sole option, become immediately due and payable without notice of any kind to Buyer. In addition to its right of acceleration, Seller may pursue any and all remedies allowed by law or in equity, including but not limited to any and all remedies available to it under the Delaware Uniform Commercial Code. In addition to the foregoing, and not in limitation thereof, Seller shall have the right to set off any credits or amounts owed to Buyer against any amounts owed by Buyer to Seller. 18. Indemnification by Buyer. Buyer hereby agrees to indemnify, release, defend and hold harmless Seller, its directors, officers, employees, agents, representatives, successors, and assigns against any and all suits, actions or proceedings at law or in equity (including the costs, expenses and reasonable attorney's fees incurred in connection with the defense of any such matter) and from any and all claims demands, losses, judgments, damages, costs, expenses or liabilities, to any person whatsoever (including Buyer's and Seller's employees or any third party), or damage to any property (including Buyer's property) arising out of or in any way connected with the performance or the furnishing of Products under this agreement, regardless of whether any act, omission, negligence (including any act, omission or negligence, relating to the manufacture, design, repair, erection, service or installation of or warnings made or lack thereof with respect to any Products furnished hereunder) of Seller, its directors, officers, employees, agents, representatives, Clty COUI`�gkrex USA, LLC dba Terex Utilities, Terms and Nnditik of Sale, U.S. and Canada (ex1eptVOIN?L. 1 June 2023 0 TEREX.. successors or assigns caused or contributed thereto. If Buyer fails to fulfill any of its obligations under this paragraph or this agreement, Buyer agrees to pay Seller all costs, expenses and attorney's fees incurred by Seller to establish or enforce Seller's rights. The provisions of this paragraph are in addition to any other rights or obligations set forth in this agreement. 19. Installation. Unless otherwise expressly agreed in writing, Buyer shall be solely responsible for the installation and erection of the Products purchased. Although Seller may in some cases provide a serviceman, data and drawings to aid Buyer with installation or start- up, Seller assumes no responsibility for proper installation or support of any Products when installed and disclaims any express or implied warranties with respect to such installation and support. Notwithstanding whether data and drawings are provided or a serviceman aids in the installation, Buyer shall indemnify and hold Seller harmless and at Seller's request, defend Seller from all claims, demands or legal proceedings (including the costs, expenses and reasonable attorney's fees incurred in connection with the defense of any such matter) which may be made or brought against Seller in connection with damage or personal injury arising out of said installation or start-up. 20. Force Majeure. Seller shall not be liable to Buyer or be deemed to be in breach of this agreement by reason of any delay in performing, or any failure to perform, any of Seller's obligations in relation to the Products if the delay or failure was due to any cause beyond the reasonable control of Seller including (without limitation) strike, lockout, riot, civil commotion, fire, accident, explosion, tempest, act of God, war, epidemic, stoppage of transport, terrorist activity, supply shortage or changes in government, governmental agency, laws, regulations or administrative practices. 21. Anti -Corruption; Export Controls; No Boycotts. Buyer agrees that it shall, and that any party retained or paid by the Buyer ("Retained Party") shall, comply with all applicable laws including, but not limited to, laws prohibiting public corruption and commercial bribery. Buyer further agrees that it shall, and that any Retained Party shall, comply with all applicable export controls, economic sanctions, embargoes and regulations regarding the export, re-export, shipment, distribution and/or sale of Products, technology, information or warranty related services. Buyer further agrees that it shall not, and any Retained Party shall not, export or re-export Products, technology, information or warranty related services directly or with its knowledge indirectly into Iran, Sudan, Cuba, Syria, North Korea, the Crimea Region of the Ukraine or Russia without Buyer first obtaining written approval from Seller. Failure to comply strictly with this section and all applicable laws, regulations and licensing/approval requirements shall be grounds for immediate termination of this agreement by Seller. Notwithstanding anything to the contrary contained in any agreement between the Buyer and Seller or in any other document or agreement relating to the Products sold hereunder, Seller will not comply with requests related to the boycott of any country or other jurisdiction, except to the extent such boycott is required by or otherwise not inconsistent with United States law. 22. Telematics. If a telematics system is included with the Equipment, the telematics system is administered by a third party ("Teleservice Provider") and collects a range of operational data about the Equipment including, but not limited to, usage, performance and reliability. Buyer consents to Seller's obtaining such data from the Teleservice Provider for warranty, product improvement, marketing and customer support purposes and to Seller's management and reporting of data (personal and non -personal) about the Equipment including, but not limited to, fuel consumption, up/down times, operation, defects, parts replacement, movement and location. Buyer shall, to the extent required by applicable law, obtain consent from its customers and/or any third party for Seller and/or third parties to provide teleservices and data to Buyer. Buyer shall comply with all applicable laws relating to the provision of teleservices. Buyer agrees to be bound by the current version of the Terex Telematics Terms of Use at https://www.terex.com/en/ products/telematics-tou. 23. Construction and Severability. These Terms and Conditions of Sale constitute the entire agreement between the parties regarding the subject matter hereof and shall be construed and enforced in accordance with the laws of Delaware. The United Nations Convention on Contracts for the International Sale of Goods (1980) (CISG) shall not apply. The invalidity or unenforceability of any provisions of this agreement shall not affect any other provision and this agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 24. Jurisdiction. The parties agree that the proper and exclusive forum and venue in all legal actions brought to enforce or construe any provisions herein shall be in United States District Court, District of Delaware or, if federal jurisdiction is lacking in such action, in New Castle County Superior Court in Delaware. 25. No Assignment. No rights arising under this agreement may be assigned by the Buyer unless expressly agreed to in writing by the Seller. 26. No Set-off. Buyer shall have no right to set-off any amounts it may owe Seller against amounts Seller may owe Buyer under this or any other agreement between Buyer and Seller. 27. Miscellaneous. Buyer represents that: (i) it is solvent and has the financial ability to pay for the Equipment and Parts purchased hereunder and (ii) it has all requisite right, power and authority to perform its obligations under this agreement. Buyer's Initials: Clty COUllgkrex USA, LLC dba Terex Utilities, Terms and 1�nditions of Sale, U.S. and Canada (ex1eptVOIN?L. 1 June 2023 � TEREX„ LIMITED PRODUCT WARRANTY TEREX USA, LLC dba TEREX UTILITIES ("Seller"),as to the equipment manufactured by each respective company, warrants its new equipment and parts manufactured and sold worldwide to be free, under normal use and service, of any defects in manufacture or materials for a period of 12 months from date of delivery to the first end user, but in no event longer than 18 months from date of shipment from the factory; provided that (1) Seller receives written notice of the defect within thirty (30) days of its discovery and Buyer establishes that (i) the equipment has been maintained and operated within the limits of rated and normal usage; and (ii) the defect did not result in any manner from the intentional or negligent action or inaction by Buyer, its agents or employees, and (2) a new machine registration certificate has been completed and received by Seller within thirty (30) days of the equipment's "in-service" date. If requested by Seller, Buyer must return the defective equipment to Seller's manufacturing facility, or other location designated by Seller, for inspection, and if Buyer cannot establish that conditions (1) (i) and (1) (ii) above have been met, then this warranty shall not cover the alleged defect. Seller's obligation and liability under this warranty is expressly limited to, at Seller's sole option, repairing or replacing, with new or remanufactured parts or components, any part which appears to Seller upon inspection to have been defective in material or workmanship. Such parts shall be provided at no cost to the owner, FOB Seller's parts facility (Incoterms 2010). If requested by Seller, components or parts for which a warranty claim is made shall be returned to Seller at a location designated by Seller. All components and parts replaced under this warranty become the property of Seller. This warranty shall be null and void if parts (including wear parts) or attachments other than genuine OEM Seller parts or approved attachments are used in or attached to the equipment. Accessories, assemblies and components included in Seller's equipment, which are not manufactured by Seller, are subject to the warranty of their respective manufacturers. Normal maintenance, adjustments, or maintenance/wear parts, are not covered by this warranty and are the sole maintenance responsibility of Buyer. The following structural members have a lifetime parts only warranty for the original Buyer after date of shipment from Seller: sub frame, pedestal, turntable, and boom. Replacement of fiberglass jibs, seals, gaskets, hoses, and exterior coating is not covered under the lifetime warranty. The lifetime warranty requires an annual service inspection of the equipment by an authorized distributor of Seller. The sub frame, pedestal, turntable, and boom shall have a 5 year parts only warranty if the annual service inspection is performed by an approved entity other than an authorized distributor of Seller. All replacement parts must be genuine OEM Seller parts. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE,AS TO THE EQUIPMENT AND PARTS IT SUPPLIES. No employee or representative of Seller is authorized to modify this warranty unless such modification is made in writing and signed by an authorized officer of Seller. Seller's warranty is continuous for the stated period, and "stopping and restarting" such period is not permitted. Seller's obligation under this warranty shall not include duty, taxes, environmental fees, including without limitation, disposal or handling of tires, batteries, petrochemical items, or any other charges whatsoever. Seller shall not be liable for indirect, incidental, or consequential damages, even if advised of the possibility of such damages. Improper maintenance, improper use, abuse, improper storage, operation beyond rated capacity, operation after discovery of defective or worn parts, accident, sabotage or alteration or repair of the equipment by persons not authorized by Seller shall render this warranty null and void. Seller reserves the right to inspect the installation of the product and review maintenance procedures to determine if the failure is covered under this warranty. Parts Warranty: Seller warrants the parts ordered from the Seller to be free of defects in materials or workmanship for either (1) a period of 12 months after date of shipment from the factory, or (2) the balance of the remaining new equipment warranty, whichever occurs first. With respect to parts ordered from Seller for equipment for which the warranty has expired, Seller warrants such parts to be free of defects in materials or workmanship for a period of 12 months after date of shipment from the factory. NO TRANSFERABILITY OF WARRANTY: This warranty is limited to the original purchaser or original end -user if sold to a distributor, and is not assignable or otherwise transferable without the written agreement of Seller. ITEMS NOT COVERED BY WARRANTY The following listed items, which are not exhaustive, are NOT covered under this warranty: 1. Items sold by any individual, corporation, partnership or any other organization or legal entity that is not authorized by Seller to distribute its equipment. City Council 12-8 11/21/?pge8bof40 ❑Cb TEREX, LIMITED PRODUCT WARRANTY 2. Inbound freight, duty and taxes for replacement components or outbound freight, duty, and taxes for any part requested as a warranty return. 3. Components which are not manufactured by Seller or its affiliates. Such components may include, but are not limited to, chassis, engines, batteries, tires, customer -supplied products, transmissions, air compressors, and axles. 4. Replacement of a complete assembly that is field repairable by the replacement or repair of defective part(s) within the assembly. Seller has the option to repair or replace any defective part or assembly. 5. Wear parts and maintenance services including, but not limited to: lamps, lenses, seals, gaskets, hoses, filters, breathers, belts, nozzles, friction plates, glass, clutch and brake linings, wire rope, nuts and fittings, exterior coatings, proper tightening of bolts, adding or replacing of fluids, adjustments of any kind, services, inspections, diagnostic time, travel time and supplies such as hand cleaners, towels and lubricants. 6. Damage caused by carrier handling. Any such claim for damage should be filed immediately with the respective carrier. 7. Repairs, work required or parts exposed as the result of age, storage, weathering, lack of use, demonstration use, or use for transportation of corrosive chemicals. 8. Damage resulting to the equipment or parts should the owner or operator continue to operate the equipment after it has been noted that a failure has occurred. 9. Damage caused by, or labor or other costs related to, work performed by personnel not authorized by Seller to service the equipment. IN NO EVENT SHALL SELLER, OR ANY AFFILIATE, SUBSIDIARY OR DIVISION THEREOF BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES RESULTING FROM ANY BREACH OF WARRANTY, REPRESENTATION OR CONDITION, EXPRESS OR IMPLIED, OR ANY TERMS OF THIS WARRANTY, OR ANY BREACH OF ANY DUTY OR OBLIGATION IMPOSED BY STATUTE, CONTRACT, TORT, COMMON LAW OR OTHERWISE (WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE SELLER, ITS EMPLOYEES, AGENTS OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS OR REVENUES, LABOR OR EMPLOYMENT COSTS, LOSS OF USE OF OTHER EQUIPMENT, DOWNTIME OR HIRE CHARGES, THIRD PARTY REPAIRS, IMPROPER PERFORMANCE OR WORK, LOSS OF SERVICE OF PERSONNEL, LOSS OF CONTRACTOR OPPORTUNITY AND PENALTIES OF ANY KIND, PERSONAL INJURY, EMOTIONAL OR MENTAL DISTRESS, OR FAILURE OF EQUIPMENT TO COMPLY WITH ANY APPLICABLE LAWS. The Seller's liability to the Buyer shall not in any event exceed the purchase price of the equipment. THIS WARRANTY IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED AND ALL OTHER STATUTORY, CONTRACTUAL, TORTIOUS AND COMMON LAW OBLIGATIONS OR LIABILITY ON SELLER'S PART ARE HEREBY EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE LIMITED WARRANTY CONTAINED HEREIN. Seller neither assumes nor authorizes any other person to assume for Seller any other liability in connection with the sale of Seller's equipment. In the event that any provision of this warranty is held unenforceable for any reason, the remaining provisions shall remain in full force and effect. City Council 12 — 9 11/21/?p of40 ❑tb TEREX., Terex USA, LLC dba Terex Utilities - 3140 15th Avenue SE - Watertown, SD 57201 - Phone: 605-882-4000 Date: 19-SEP-2023 Quote Number: QU30922-TU- V1 Unit: LT40 City of Santa Ana 220 S. Daisy Ave. Santa Ana, CA 92703 Qty. Description UNIT Terex Aerial Devices One (1) new Terex Hi -Ranger LT40 Articulating / Telescoping Aerial Device providing a working height of 45.6 ft (13.8 m) with a end mount platform. Unit will be mounted behind the cab. Design Criteria: * Design criteria is in accordance with current industry and engineering standards applicable and accepted for structural and hydraulic design. Lower Controls: * Individual control levers are located in an accessible location on the turntable. Lower Boom: * Filament wound high strength fiberglass insert providing an insulation gap Upper Boom: * Filament wound high strength fiberglass boom providing an insulation gap Rotation: * Self-locking worm gear rotation drive is provided and equipped with bi-directional motor. Continuous Unrestricted Rotation: * A hydraulic rotary manifold provides a rotating oil distribution system for continuous and unrestricted rotation. * A 4 channel electric collector ring is provided as standard. Aerial device is designed as a Category C machine in accordance and is dielectrically tested and rated for operation on systems up to 46 Kv phase to phase per ANSI/SIA A92.2-2015 Hydraulic System: * Full pressure open center hydraulic system. * Hydraulic hoses are equipped with permanent type fittings. Miscellaneous: * All metallic components of the complete aerial device are powder coat white. * The fiberglass upper boom, boom inserts, platforms and covers are white. * Two complete manuals providing operation and maintenance procedures and a replacement parts listing. * Warning decals provided with unit. Pedestal,44 (To 48 Cab) Pedestal. 8 Gal Tower Mt Hyd Tank, Site Gauge 8-Gallon Hydraulic Oil Reservoir. * A 8 gallon hydraulic oil reservoir mounted on the side of tower with sight and temperature gauge. * Return filter and oil eyes. * A ball type shut off valve. City Council 12 — 10 11/21/?pg2of40 ❑tb TEREX., Terex USA, LLC dba Terex Utilities - 3140 15th Avenue SE - Watertown, SD 57201 - Phone: 605-882-4000 Date: 19-SEP-2023 Quote Number: QU30922-TU- V1 1 Boom Rest W/Ratchet Strap A boom rest with a ratchet type tie down strap is provided. 1 End Mount, 24x30 Platform 24 x 30 x 42 , End Mounted. * Includes one (1) outside access step with slip -resistant surface. 1 Customer Declined - Fall Arrest Harness Customer Decline Fall Arrest. 1 Platform Rest,Single Selection A Padded saddle rest provides platform support during road travel. 1 Platform Rest,Single,24x30 A padded saddle rest provides platform support during road travel. 1 Liner, 24x30 Insulated Platform Liner For 24 x 30 x 42 Platform: * Tested at 50 KV AC. Unit: LT40 1 Scuff Pad W/Step, 24x30 Scuff Pad with Step to fit inside of a platform liner for a 24 x 30 Platform: * Non-skid standing surface. 1 Cover, Platform Only, 24x30 Vinyl Platform Cover For 24 x 30 Platform: * Waterproof with internal elastic cord around edge. 1 Auxiliary Letdown, 12v Auxiliary Let Down for use with Open Center Hydraulics: * Allows for the descent of the boom (platform) in the most direct manner for a time limited by the duty cycle of the electric motor. *Includes 12 volt electric motor for use on a 12 volt chassis. Note: This includes a switch for activation at pedestal for electric or air function. 1 Boom Tip,400# 29.4ft Side-Or'S 0-90 Deg Boom Tip with 4 Function Controls and Platform Rotator: Upper Controls: Control -Plus single stick controller. * Enable lever must be actuated before operation. * Rated capacity of 400 lbs. Hydraulic Platform Rotator For End Mount Platform. Hydraulic Platform Tilt is provided at platform and lower controls. City Council 12 —11 11/21/?gg2of40 ❑tb TEREX., Terex USA, LLC dba Terex Utilities - 3140 15th Avenue SE - Watertown, SD 57201 - Phone: 605-882-4000 Date: 19-SEP-2023 Quote Number: QU30922-TU- V1 Unit: LT40 Engine Stop/Start controlled at platform and lower controls. Hydraulic Tool Outlets At Platform. Mtg Kit,O/R,H-Frame,60 Ca,Ford Mounting Kit: * Behind cab mount for use with (1) set of H-frame outriggers attached to tower and tie plates. O/R Cntrls, 1 Set Controls For 1-Sets of Outriggers (Open center systems): * Recessed at rear of truck each side for ease of view for outrigger placement. * Includes switches and alarm for outrigger in motion alarm. Outrigger Interlock, 12v,Std (1 Set At) Outrigger Interlock: * To operate the boom the outriggers must be extended. Transmission, Automatic, Ford (Muncie) Pump for systems requiring 3 to 5 gallons per minute: *Provides 3 gpm at 725 engine rpm and 5 gpm at 1150 engine rpm with a 127% pto. Terex Advanced Chassis Controller Terex Advanced Chassis Controller: * Multiplexed system to include: Controller, LCD Screen, Manual and Schematics. * Standard Options: Diagnostics, Status Screens, Event Log, Hours Meter, Selectable Button Labels, System Alerts and System Test. * Programmable settings allow installer to customize/select options need for their application. * Screw terminal -type connections and enclosure to cover connections. * Recommended on Class 6 and above chassis with multiple outputs * The PTO hour is standard. The engine hour meter is standard (When available). This is a message we get from the truck Data link. All trucks except Ford give us the Engine hours. So if it's a Ford, we just display PTO hours. As -Built Jic Hydraulic.& Electrical Schematics As -Built JIC Hydraulic and Electrical Schematics Tool Tray Tool Tray: * Fiberglass tool tray fits upper edge of platform. 19 x 8 x 7 deep. Usa American flag displayed on unit. Limited Product Warranty - Standard Factory Warranty City Council 12 — 12 11 /219022 of 40 TEREX..' Terex USA, LLC dba Terex Utilities - 3140 15th Avenue SE - Watertown, SD 57201 - Phone: 605-882-4000 Date: 19-SEP-2023 Quote Number: QU30922-TU- V1 Unit: LT40 1 Install Lt Behind Cab Install Aerial Device Behind Cab And Install All Associated Components: * Final test and inspect completed unit including stability and dielectric testing per manufacturers requirements. 1 Hose & Fitting Kit Group 1 Hose and fittings to connect the hydraulic system from the oil reservoir to the pump and unit. 1 Misc Shop Supplies Group 3 Miscellaneous shop supplies. 1 Platform Rest Bottom Base Group 1 Platform rest, bottom base 1 Chassis Spring Add Left Rear( Req. Art) Chassis Spring Additions: * Build up left rear chassis springs to level vehicle. 1 Pto (Muncie) For Automatic Transmission Power take off with indicator light for automatic transmission. 1 Dot Inspection DOT Inspection. 1 Set Chassis Parameters ( Reg1'D) Set chassis parameters. 1 Ecco Back -Up Alarm Back-up alarm to sound when the vehicle is shifted into reverse. 2 Wood 24 X 24 Painted Black (Standard) Laminated wood outrigger pad 24 x 24 x 2-1/4 with rope handle. 1 Pendulum Retainer - Outriggers Pendulum style retainer. 2 Rubber Wheel Chock Eye Bolt (Standard) Rubber wheel chocks with eye bolt. 1 Pendulum Retainer - Wheel Chocks City Council 12 — 13 11/219022 f4o ❑tb TEREX., Terex USA, LLC dba Terex Utilities - 3140 15th Avenue SE - Watertown, SD 57201 - Phone: 605-882-4000 Date: 19-SEP-2023 Quote Number: QU30922-TU- V1 Unit: LT40 Pendulum style retainer. 2 Mud Flap - Terex Logo (Standard) Mud flap with logo. Note: Trim As -Required. 1 Bed Mount Lt Series (105227-102658) Boom rest. 1 Peterson 7-Lamp Led Kit Fmvss Dot Peterson LED 7-lamp DOT Lighting Package: • Complies with FMVSS 108. * Includes required lights, junction box and wiring harness. • Note: Includes lighted License Plate Area * Note: Includes Clearance Lights if Applicable to application. 6 Whelen 500 Series Strobes - Model PN - 5002ZR - 2 at grill - 2 at rear - 1 on SS and CS above wheel well 1 X335 Unit Door/Cab Mount Spotlight X335 cab door post mounted LED spotlight. 2 Whelen L31 HAFCA CAGED Strobes - Post mounted CS and SS 1 Traffic Advisor Led Arrowboard 36 X2.84 Whelen TAM-65 arrow directional LED light stick, 36 long, 6-lamp. 2 Stop/Start Or Two Speed Rear Of Truck Remote engine stop/start OR two speed control from rear of vehicle. 1 Pintle Hook Ph5 5t PH5 5 ton pintle hook: Pintle hook brackets and attachment methods are designed to meet the associated pintle hook ratings. They are not designed for recovery purposes. If recovery attachments are required, please order the appropriate tow eyes. 1 Icc Rear Bumper ICC rear bumper. 1 7-Prong Trailer Socket(Combined)Med Dty 7-prong trailer socket. NOTE: Stop & turn signal lights on combined circuit. City Council 12 — 14 11 /21902�� of 40 TEREX..' Terex USA, LLC dba Terex Utilities - 3140 15th Avenue SE - Watertown, SD 57201 - Phone: 605-882-4000 Date: 19-SEP-2023 Quote Number: QU30922-TU- V1 Unit: LT40 1 Front Timbrens - Rubber Stabilizers Timbren rubber stabilizers installed on axle. 1 Torsion Bar Rear Torsion bar stabilizer for rear axle. 1 Oil Tank Mounting (Req For External) Oil tank mounting for external reservoirs. 18 Hydraulic Oil - General Purpose Fill with Hydraulic oil for general purpose use. * Refer to the product maintenance manual for specific type to be used. 1 Safety Kit 5# Fire Extinguisher-Abc(Std) Safety Kit consists of the following: * 5-lb ABC fire extinguisher with bracket. * James King triangle reflector kit. 1 Orion Flare Kit Orion flare kit with holder. 1 Chassis Supplied Camera Chassis supplied back up camera. 1 Paint Body Floor With Non -Skid Paint Paint body floor with non-skid paint. 1 Paint Compartment Top Non -Skid Paint Paint compartment top with non-skid paint. 1 Ford F-550 4x2 Chassis - Reference chassis details included with quote 1 108" Line Body - Reference body details included with quote. Terex USA, LLC dba Terex Utilities 1. Federal Excise Tax will be added if certificate is not supplied with order. City Council 12 — 15 11/219022 f4o ❑tb TEREX., Terex USA, LLC dba Terex Utilities - 3140 15th Avenue SE - Watertown, SD 57201 - Phone: 605-882-4000 2. The following items must be considered by the purchaser if not already included: Back-up Alarm; Strobe Light; Wheel Chocks; Outrigger Pads; Truck Grounding Cable; Barricade Kit; Boom Stow Interlock; Auxiliary Let Down; and Platform Liner. 3. Terex USA, LLC dba Terex Utilities strongly recommends all installation accessories be located up front in front in the quote or secondarily on the approved engineering drawing. Any accessories located or relocated during manufacturing may be subject to additional charges. 4. Terex USA, LLC dba Terex Utilities - Offers In-service Training. 5. Terex USA, LLC dba Terex Utilities - Assembly in Watertown.South Dakota is ISO 9001:2000 Certified. City Council 12 — 16 11 /21902�� of 40 To: Terex Utilities Attn: Mike Stolp Customer: City of Santa Ana Spec Number: OPP224540 State: California Engine Type: Gas Crane/Unit Model: LT40 Chassis: Ford F-550 Axle Configuration: DRW (4x2) Dakota Bodies I.I.C. Steel Service Body Terex 108 Inches Long x 40 Inches High x ,94 Inches Wide Chassis Cab to Axle (CA) of 60 Inches Bodies with one set of jack legs to have lifting eye and body shipping stands 16 gauge front bulkhead -Ship loose (unless specified) Wheel chock holders are to be installed'/2" forward and'/2" rearward of cutout All bulkheads to have pin access cutout/ cover when A -frame jack is ahead or behind bulkhead, x-frame jacks will not get pin access cutout/ cover Body Dimensions: 108 Inches - Body Length 40 Inches - Body Height 94 Inches - Body Width 60 Inches - Chassis C/A 40 Inches - Compartment Height 18 Inches - Compartment Depth 58 Inches - Load Space Width 24 Inches - Top of Body to Top of Floor Dimension 18 Inches - Horizontal Compartment Height None Inches - Wheel Box Height Body Materials: 16 go Galvanneal - Main Body Material 12 go 4-Way Treadplate - Compartment Tops Material 14 go Galvanneal - Wheel Panels Material 14 go Galvanneal - Front Bulkhead Material 18 go Galvanized - Shelving Material Adjustable on Dual Unistrut - Shelving Mounting Style OPTIONS No Front Rock Guards Material No Wheel Well Liners Material No - Bed Area Wall Liners Material Other Body Details: City Council 12 — 17 11/21/2023 Door Materials: Standard, Double Panel 18 go Galvanneal 18 go Galvanneal Stainless Steel Rod & Socket 5/16" Stainless Steel Gas Cylinder Chain Single Point Rotary (Stainless Steel) - Door Type - Inner Door Material - Outer Door Material - Door Hinge Style - Door Rod Material - Vertical Door Holder Option - Horizontal Door Holder Option - Latch Type Keyed Alike - Lock Type - Wrap Around Striker with Rounded Corners Other Door Details: - Rain Deflectors above doors and on leading edge of doors Floor and Understructure: 12 go (.109) 4-Way Treadplate - Bed Area Floor Material LT40 - Unit Cutout in Floor Full - Body Frame Style Structural - Body Frame Material 6 Inch - Body Frame Height - Boom Rest Support plates installed in frame of body and tailshelf Subframe Installation: Install customer supplied LT40 Insert in frame PN#484174 - Bolted in Grounding plate installed at rear of body Five (5) 1 /4" - 20 Jiffy clips installled on front flat evenly spaced for tying wires Hydraulic tube 22" L x 3/8" Diameter Five (5) studs welded to front flat Two (2) studs welded to rear horizontal flat Install bolt on lifting hooks and shippings stands to the opposite end if one set of outriggers is provided Welding studs below the body for running fuel lines from fuel cap till fuel tank Accessories: Rubber Rolled Crown (PN# 30136) (Installed with Wheel Cut -Outs) Automotive Bulb Weatherstripping (PN# 30132) (Installed) Master Door Lock, Hook and Loop System on Both Sides with Two (2) Spring Loaded Door Handles One (1) Fuel Filler Cutout in Rear Streetside Only of Fender Panel Mud Flap brackets PN# 88494A - Bolted on Two (2) - 3/4" Light holes cut out at front of body - One each side Interior Lighting: L.E.D. Rope Lights (PN# 3081 1) in All body Compartments; (Installed) Excludes Top Mounted Boxes and tailshelf compartments Paint: Powdercoat Complete; Interior and Exterior, Taffeta White DWS9-20001; PCO020 - Paint the Complete Bed Area Some as Body Wrapper Wet Painted Black Streetside Compartmentation: 1st Vertical Compartment: 30" Wide x 40" High x 18" Deep Compartment - C-Tech Drawer Unit installed in Compartment One (1) Fixed Shelf Above Drawers Five (5) Drawers 20" Wide x 3" High x 13" Deep Four (4) Adjustable dividers installed in each drawer City Council 12 — 18 11/21/2023 Horizontal Compartment: 54" Wide x 18" High x 18" Deep Compartment - One (1) Plain Adjustable Shelf Rear Vertical Compartment: 24" Wide x 40" High x 18" Deep Compartment - Seven (7) 1 /2" Dia. Locking / Swivel Carriage Bolt Hooks, Adjustable, 2-3-2 Hook Set Curbside Compartmentation: 1 st Vertical Compartment: 30" Wide x 40" High x 18" Deep Compartment - C-Tech Drawer Unit installed in Compartment One (1) Fixed Shelf Above Drawers Five (5) Drawers 20" Wide x 3" High x 13" Deep Four (4) Adjustable dividers installed in each drawer Horizontal Compartment: 54'' Wide x 18" High x 18" Deep Compartment - One (1) Plain Adjustable Shelf Rear Vertical Compartment: 24" Wide x 40" High x 18" Deep Compartment - Two (2) Adjustable Shelves - Divider Slots on 2" Centers, with Five (5) Adjustable Dividers Tailgate: Removable composite tailgate 6" high X full width of bed area installed at rear of load space. Include pins and lanyrds Tailshelf: 12 Ga. treadplate tailshelf 36 inches long X 94 inches wide x 6 inches high. Two (2) 2 Inch receivers for customer installed vise Angled side skirts to bottom of body - 12 gauge galvanneal Valve mounting plates at rear Tailshelf Rear Lighting: Custom 7-Lamp light bar installed at rear of tailshelf NO LIGHTS Arrowstick cutout and box (Designed for a 28" Traffic advisor) Wheel Chock Storage: Two (2) wheel chock holders installed on tailshelf side skirts - One each side Include pendulum retainers Grab Handles: Bolt-on/Installed - Four (4) Bolt -on pool type grabhandle for installing on top of tailshelf - Two each side Access Steps: Bolt-on/Installed - Two (2) Cable type access step under the tailshelf - One each side Outrigger Pad Holders: Bolt-on/Installed Two (2) Formed Underbody Mounted Outrigger Pad Holders Size TBD Include pendulum retainers Painted some as body City Council 12 — 19 11/21/2023 Curbside Top Mounted Box: Bolt-on/Installed on Uni-strut 78" long X 18" high X 18" wide 16 gauge galvanneal box with 12 gauge hot rolled treadplate top with one lift up lid. - Gas assist door openers. - Lift -up handle installed on front edge of box lid. -Over center pad lockable latch. Part Number 30763 - Automotive bulb weatherstrip installed around top opening. AND one 18 gauge double panel drop down access door located at front end of box Rubber bumpers installed below door Stainless Steel automotive rotary type door latches. Stud mounted latches have hidden fasteners inside the door. Striker installed in door frame for maximum opening. Stud mounted automotive style latches have interior plastic latch covers. Automotive bulb type weatherstripping ds Painted some as body Manhole Ladder Box: Bolt-on/Installed on Uni-strut 108" long X 8" ID high X 12" ID wide 16 gauge galvanneal box with rear roller 12 gauge hot rolled treadplate top with - Single Panel Shoe Box Style Drop Down Rear Access Door - Stainless Steel Slam Latch Automotive bulb type weatherstripping mechanically fastened to door frame with rounded corners. Painted same as body City Council 12 — 20 11/21/2023 Prepared for: Ben DeVille, Sales, Terex 3140 15th Ave SE Watertown, SD 57201 1 Mobile: 605-753-4451 Email: mike@watertownfordchrysler.com 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 Client Proposal Prepared by: Mike Johnson Office: 605-886-5844 Email: mike@watertownfordchrysler.com Quote ID: SantaAna Date: 09/15/2023 Prepared for: Ben DeVille Sales, Terex *00 Prepared by: Mike Johnson 09/15/2023 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna Ben DeVille, Sales, Terex 3140 15th Ave SE Watertown, SD 57201 1 Mobile: 605-753-4451 Email: mike@watertownfordchrysler.com Re: Quote ID SantaAna 09/15/2023 Dear Ben, Thank you very much for your interest in acquiring a vehicle from our dealership. We concur that your interest is well deserved. We hope that an outstanding product lineup and our dedication to customer service will enhance your ownership experience should you decide to buy a vehicle from us. Attached, please find additional information that I hope will assist you in making a more informed decision. Please feel free to contact me at any time as I would truly appreciate the opportunity to be of service to you. Sincerely, Mike Johnson Fleet Sales 605-886-5844 mike@watertownfordchrysler.com City Council 12 — 22 11/21/2023 Prepared for: Ben DeVille Sales, Terex Prepared by: Mike Johnson 09/15/2023 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna Table of Contents Description Page Cover Page 1 Cover Letter 2 Table of Contents 3 Selected Equip & Specs 4 As Configured Vehicle 16 Warranty 18 Vehicle Dimension and Performance 19 City Council 12 — 23 11/21/2023 Prepared for: Ben DeVille Sales, Terex *00 Prepared by: Mike Johnson 09/15/2023 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna Selected Equip & Specs Dimensions • Conventional Capacity: 18,500 lbs. • GCWR: 30,000 lbs. * Fifth -wheel towing capacity: 21,900 lbs. • Gooseneck towing capacity: 22,100 lbs. • Vehicle body length: 230.7" • Vehicle body width: 80.0" • Vehicle body height: 81.7" Wheelbase: 145.0" • Front track: 74.8" • Rear track: 74.0" • Vehicle turning radius: 21.2' • Cab to axle: 60.0" • Rear tire outside width: 93.9" • Axle to end of frame: 47.2" • Frame section modulus: 12.7 cu.in. • Frame yield strength (psi): 50000.0 • Frame rail width: 34.2" • Front bumper to front axle: 38.3" • Front bumper to back of cab: 123.7" • Front brake diameter: 15.4" • Rear brake diameter: 15.8" • Interior rear cargo volume: 11.6 cu.ft. • Max interior rear cargo volume: 11.6 cu.ft. • Total passenger volume: 64.6 cu.ft. • Headroom first -row: 40.8" • Leg room first -row: 43.9" • Shoulder room first - row: 66.7" • Hip room first -row: 62.5" Powertrain • 7.31- V-8 DEVCT variable valve control, engine with 335HP - Engine cylinders: V-8 - Injection Type: sequential MPI Spark ignition system • Horsepower: 335 HP@3750 RPM • Torque: 468 lb.-ft.@3750 RPM • Radiator • Auxiliary power take -off • 10-speed automatic • Rear -wheel drive • Recommended fuel: regular unleaded * Mechanical limited slip differential - Driveline managed traction control Fuel Economy and Emissions • Gasoline secondary fuel type • Federal emissions Suspension and Handling • Firm ride suspension • Heavy-duty front shock absorbers • Heavy-duty rear shock absorbers Driveability • 4-wheel disc brakes • Front and rear ventilated disc brakes • 4-wheel antilock (ABS) brakes • Four channel ABS brakes Brake assist system • Hill Start Assist • Mono -beam rigid axle front suspension • Front anti -roll bar • Front coil springs * Rigid axle rear suspension - Leaf spring rear suspension - Rear anti -roll bar - Hydraulic power -assist steering system Re -circulating ball steering • 2-wheel steering system Body Exterior • Trailer wiring harness * Side assist steps • 2 doors • Clearcoat paint • Monotone paint • Black fender flares • Black side window trim - Black windshield trim • Black door handles • Black front bumper - Black front bumper rub strip • 2 front tow hooks • Black grille • Black door mirrors • Manual extendable trailer mirrors • Convex spotter in driver and passenger side door mirrors • Turn signal indicator in door mirrors • LT225/70RS19.5 AS BSW front and rear tires • 19.5 x 6-inch front and dual rear argent steel wheels Convenience • Power door locks with 2 stage unlocking - Keyfob activated door locks • All -in -one remote fob and ignition key • Cruise control with steering wheel mounted controls • FordPass Connect smart device vehicle start control • Day/Night rearview mirror • Power first -row windows • Fixed rear windshield • Illuminated locking glove box • Illuminated glove box • Front beverage holders • 6 beverage holders • Instrument panel covered bin • Dashboard storage • Retained accessory power PRND in IP • Trip computer • Upfitter switches • Over the air updates City Council 12 — 24 11/21/2023 Prepared for: Ben DeVille Sales, Terex *00 Prepared by: Mike Johnson 09/15/2023 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna Selected Equip & Specs (cont'd) Comfort • Manual climate control • Cabin air filter • Cloth headliner material • Full headliner coverage • Full vinyl floor covering • Full floor coverage • Manual tilting steering wheel • Manual telescopic steering wheel • Urethane steering wheel Seats and Trim • Seating capacity: 3 •40-20-40 split -bench front seat • Split -bench front seat • Driver seat with 4-way directional controls Front passenger seat with 4-way directional controls • Height adjustable front seat head restraints • Manual front seat head restraint control • Front seat center armrest • Front seat armrest storage • Manual reclining driver seat • Manual driver seat fore/aft control • Manual reclining passenger seat • Manual passenger seat fore/aft control • Manual driver seat lumbar * Cloth front seat upholstery Entertainment Features • 2 total number of 1st row displays • 8 inch primary LCD display • Primary touchscreen display • AM/FM stereo radio • In - vehicle audio • AM radio • FM radio • Seek scan • SYNC 4 external memory control • Speakers number: 4 • Standard grade speakers • Steering wheel mounted audio controls • SYNC 4 voice activated audio controls • Speed sensitive volume • Wireless audio streaming • Fixed audio antenna Lighting, Visibility and Instrumentation • Digital/analog instrumentation display • Configurable instrumentation gauges • Trip odometer • In -radio display clock Compass • Exterior temperature display • Driver information center • Gauge cluster display size (inches): 4.20 Tachometer • Oil pressure gauge • Engine/electric motor temperature gauge • Transmission fluid temperature gauge Engine hour meter • Light tinted windows • Aero-composite headlights • Halogen headlights • Autolamp auto on/off headlight control • Multiple enclosed headlights • Delay -off headlights • DRL preference setting • Variable intermittent front windshield wipers • Front reading lights • Illuminated entry • Variable instrument panel light • Daytime running lights • Cab clearance lights • Remote activated perimeter approach lighting • Fade interior courtesy lights Technology and Telematics • SYNC 4 911 Assist emergency SOS system via mobile device • SYNC 4 handsfree wireless device connectivity AppLink/Apple CarPlay and Android Auto smart device wireless mirroring • FordPass Connect 4G mobile hotspot internet access • 2 USB ports Safety and Security • Driver front impact airbag • Seat mounted side impact driver airbag • Safety Canopy System curtain first -row overhead airbags • Cancellable front passenger air bag • Seat mounted side impact front passenger airbag • 6 airbags • Front height adjustable seatbelts • SecuriLock immobilizer • Remote panic alarm • Lane Departure Warning • Pre -Collision Assist with Automatic Emergency Braking (AEB) forward collision mitigation * Rear mounted camera Dimensions General Weights * Curb weight 6,661 lbs. * Rear curb weight 3,035 lbs. City Council 12 — 25 11/21/2023 Prepared for: Ben DeVille Sales, Terex Prepared by: Mike Johnson 09/15/2023 *00 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna Selected Equip & Specs (cont'd) * GVWR 19,000 lbs. * Payload 12,330 lbs. Trailering Weights * Fifth -wheel towing capacity 21,900 lbs. Gooseneck towing capacity 22,100 lbs. Conventional capacity 18,500 lbs. GCWR 30,000 lbs. Front Weights * Front curb weight 3,626 lbs. * GAWR front 7,500 lbs. * Axle capacity front 7,500 lbs. *Spring rating front 7,500 lbs. Tire/wheel capacity front 7,500 lbs. Rear Weights * GAWR rear 13,900 lbs. *Axle capacity rear 14,706 lbs. *Spring rating rear 13,900 lbs. Tire/wheel capacity rear 15,000 lbs. Off Road Min ground clearance 8.2" Exterior Measurements Vehicle body length 230.7" Vehicle body width 80.0" Vehicle body height 81.7" Wheelbase 145.0" Front brake diameter 15.4" Rear brake diameter 15.8" Rear frame height loaded 28.6" Rear frame height unloaded 35.0" Front track 74.8" Rear track 74.0" Vehicle turning radius 21.2' Cab to axle 60.0" Rear tire outside width 93.9" Axle to end of frame 47.2" Frame section modulus 12.7 cu.in. Frame yield strength (psi) 50000.0 Frame rail width 34.2" Front bumper to front axle 38.3" Front bumper to back of cab 123.7" Interior Measurements Interior rear cargo volume 11.6 cu.ft. Max interior rear cargo volume 11.6 cu.ft. Interior Volume Total passenger volume 64.6 cu.ft. Headroom Headroom first -row 40.8" Legroom Leg room first -row 43.9" Shoulder Room Shoulder room first -row 66.7" Hip Room City Council 12 — 26 11/21/2023 Prepared for: Ben DeVille Sales, Terex *00 Prepared by: Mike Johnson 09/15/2023 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna Selected Equip & Specs (cont'd) Hip room first -row 62.5" Powertrai n Engine Engine 7.3L V-8 DEVCT variable valve Valves per cylinder 2 control, engine with 335HP Engine cylinders V-8 Injection type sequential MPI Engine location Front mounted engine Ignition Spark ignition system Engine mounting direction Longitudinal mounted Engine block material Iron engine block engine Cylinder head material Aluminum cylinder head Engine Specs Displacement 7.3L cc 445 cu.in. Bore 4.21 " Stroke 3.98" Compression ratio 10.5 SAEJ1349 AUG2004 compliant Engine Power Horsepower 335 HP@3750 RPM Torque 468 lb.-ft.@3750 RPM Alternator Alternator amps 250A Alternator type Heavy-duty alternator Battery Battery amps 78Ah Battery type HD lead acid battery Battery rating 750CCA Battery run down protection Battery run down protection Engine Extras Radiator Radiator Auxiliary power take -off Auxiliary power take -off Transmission Transmission 10-speed automatic Transmission electronic control Transmission electronic control Overdrive transmission Overdrive transmission Lock -up transmission Lock -up transmission First gear ratio 4.615 Second gear ratio 2.919 Third gear ratio 2.132 Fourth gear ratio 1.773 Fifth gear ratio 1.519 Sixth gear ratio 1.277 Reverse gear ratio 4.695 Seventh gear ratio 1 Eighth gear ratio 0.851 Ninth gear ratio 0.687 Tenth gear ratio 0.632 Stall ratio 1.97 Selectable mode transmission Selectable mode Sequential shift control SelectShift Sequential transmission shift control Transmission oil cooler Transmission oil cooler PTO transmission provision PTO transmission City Council nrnvicinn 12 — 27 11/21/2023 Prepared for: Ben DeVille Sales, Terex *00 Prepared by: Mike Johnson 09/15/2023 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna Selected Equip & Specs (cont'd) Drive Type Drive type Rear -wheel drive Drivetrain Axle ratio 4.88 Exhaust Tailpipe Stainless steel single exhaust Fuel Fuel type regular unleaded Fuel Tank Fuel tank capacity 40.00 gal. Drive Feature * Limited slip differential Mechanical limited slip differential Fuel Economy and Emissions Fuel Economy Secondary fuel type Gasoline secondary fuel type Emissions Emissions Federal emissions Suspension and Handling Suspension Suspension Firm ride suspension Rear shock absorbers Heavy-duty rear shock absorbers Driveability Brakes Brake type 4-wheel disc brakes ABS brakes Four channel ABS brakes Brake Assistance Hill start assist Hill Start Assist Front Suspension Traction control Driveline managed traction control Front shock absorbers Heavy-duty front shock absorbers Ventilated brakes Front and rear ventilated disc brakes ABS brakes 4-wheel antilock (ABS) brakes Brake assist system Brake assist system City Council 12 — 28 11/21/2023 Prepared for: Ben DeVille Sales, Terex Prepared by: Mike Johnson 09/15/2023 *00 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna Selected Equip & Specs (cont'd) Anti -roll bar front Front anti -roll bar Suspension ride type front Mono -beam rigid axle front suspension Front Spring * HD front springs Heavy-duty front springs Springs front Front coil springs Rear Spring Springs rear Rear leaf springs Rear springs Heavy-duty rear springs Rear Suspension Anti -roll bar rear Rear anti -roll bar Suspension type rear Leaf spring rear suspension * Suspension ride type rear Rigid axle rear suspension Steering Steering Hydraulic power -assist steering Steering type Re -circulating ball steering system Steering type number of wheels 2-Wheel steering system Exterior Front Wheels Front wheels diameter 19.5" Front wheels width 6" Rear Wheels Rear wheels diameter 19.5" Rear wheels width 611 Front And Rear Wheels Appearance argent Material steel Front Tires Aspect 70 Diameter 19.5" Sidewalls BSW Speed S Tread AS Type LT Width 225mm Front wheel - RPM 647 Rear Tires Aspect 70 Diameter 19.5" Sidewalls BSW Speed S Tread AS Type LT Width 225mm Rear wheel - RPM 647 Body Exterior Trailering City Council 12 — 29 11/21/2023 Prepared for: Ben DeVille Sales, Terex *00 Prepared by: Mike Johnson 09/15/2023 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna Selected Equip & Specs (cont'd) Towing wiring harness Trailer wiring harness Towing brake controller Trailer brake controller Towing trailer sway Trailer sway control Exterior Features Number of doors 2 doors * Side steps Side assist steps Front splash guards Front splash guards Body Body panels Aluminum body panels with side impact beams Mirrors Convex spotter Convex spotter in driver and Turn signal in door mirrorsTurn signal indicator in passenger side door mirrors door mirrors Tires Front tires LT load rating G Rear tires LT load rating G Wheels Dual rear wheels Dual rear wheels Convenience Door Locks Door locks Power door locks with 2 stage unlocking All -in -one key -All -in -one remote fob and ignition key Cruise Control Cruise control Cruise control with steering wheel mounted controls Key Fob Controls Fob remote vehicle controls FordPass Connect smart device vehicle start control Rear View Mirror Day/Night rearview mirror Day/Night rearview mirror Exterior Mirrors Door mirrors Power door mirrors Heated door mirrors Heated driver and passenger side door mirrors Front Side Windows Keyfob door locks Keyfob activated door locks Folding door mirrors -Manual folding door mirrors City Council 12 — 30 11/21/2023 Prepared for: Ben DeVille Sales, Terex *00 Prepared by: Mike Johnson 09/15/2023 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna Selected Equip & Specs (cont'd) First -row windows Power first -row windows Overhead Console Overhead console Full overhead console Overhead console storage Overhead console storage Passenger Visor Visor passenger mirror Power Outlets 12V power outlets Rear Windshield Rear windshield Storage Passenger visor mirror 2 12V power outlets Fixed rear windshield Number of beverage holders 6 beverage holders Beverage holders Front beverage holders Glove box Illuminated locking glove box Illuminated glove box Illuminated glove box Instrument panel storage Instrument panel Dashboard storage Dashboard storage covered bin Windows Feature One -touch up window Driver and passenger One -touch down window Driver and passenger one -touch up windows one -touch down windows Miscellaneous Trip computer Trip computer PRND in IP PRND in IP Upfitter switches Upfitter switches Accessory power Retained accessory power Over the air updates Over the air updates Comfort Climate Control Climate control Manual climate control Cabin air filter Cabin air filter Headliner Headliner material Cloth headliner material Headliner coverage Full headliner coverage Floor Trim Floor covering Full vinyl floor covering Floor coverage Full floor coverage Steering Wheel Steering wheel telescopic Manual telescopic Steering wheel material -Urethane steering wheel steering wheel Steering wheel tilt Manual tilting steering wheel Seats and Trim City Council 12 — 31 11/21/2023 Prepared for: Ben DeVille Sales, Terex *00 Prepared by: Mike Johnson 09/15/2023 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna Selected Equip & Specs (cont'd) Seat Capacity Seating capacity 3 Front Seats Front seat type Split -bench front seat Driver seat fore/aft control Manual driver seat fore/aft control Split front seats 40-20-40 split -bench front seat Passenger seat fore/aft control -Manual passenger seat fore/aft control Front head restraint control Manual front seat head restraint control Armrests front storage Front seat armrest storage Lumbar Seats Driver lumbar Manual driver seat lumbar Front Seat Trim * Front seat upholstery Cloth front seat upholstery Interior Accents Interior accents Gearshifter Material Gearshifter material material Entertainment Features Chrome interior accents Urethane gear shifter Driver seat direction Driver seat with 4-way directional controls Passenger seat direction Front passenger seat with 4-way directional controls Reclining passenger seat Manual reclining passenger seat Front head restraints Height adjustable front seat head restraints Armrests front center Front seat center armrest Reclining driver seatManual reclining driver seat * Front seatback upholstery Carpet front seatback upholstery LCD Displays Primary touchscreen display -Primary touchscreen Number of first -row LCD displays2 total number of display 1 st row displays LCD primary display size 8 inch primary LCD display Radio Features External memory SYNC 4 external memory Seek scan Seek scan control Speakers Speakers Standard grade speakers Speakers number 4 City Council 12 — 32 11/21/2023 Prepared for: Ben DeVille Sales, Terex *00 Prepared by: Mike Johnson 09/15/2023 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna Selected Equip & Specs (cont'd) Audio Features Steering mounted audio control Steering wheel Speed sensitive volume Speed sensitive volume mounted audio controls Voice activated audio SYNC 4 voice activated Wireless streaming Wireless audio streaming audio controls Lighting, Visibility and Instrumentation Instrumentation Trip odometer Trip odometer Configurable instrumentation gauges Configurable instrumentation gauges Instrumentation Displays Temperature display Exterior temperature display Clock In -radio display clock Instrumentation Gauges Tachometer Tachometer Transmission temperature gauge Transmission fluid temperature gauge Gauge cluster display size (inches) 4.20 Instrumentation Warnings Engine temperature warning Engine temperature warning Low fuel warning Low fuel warning Battery charge warning Battery charge warning Key in vehicle warning Key in vehicle warning Service interval warning Service interval indicator Glass Tinted windows Light tinted windows Headlights Headlights Halogen headlights Auto headlights Autolamp auto on/off headlight control Delay off headlights Delay -off headlights Front Windshield Instrumentation display Digital/analog instrumentation display Driver information center Driver information center Compass Compass Oil pressure gauge Oil pressure gauge Engine/electric motor temperature gauge Engine/electric motor temperature gauge Engine hour meter Oil pressure warning Low brake fluid warning Headlights on reminder Door ajar warning Engine hour meter Oil pressure warning Low brake fluid warning Headlights on reminder Door ajar warning Headlight type Aero-composite headlights Multiple headlights Multiple enclosed headlights DRL preference setting DRL preference setting City Council 12 — 33 11/21/2023 Prepared for: Ben DeVille Sales, Terex *00 Prepared by: Mike Johnson 09/15/2023 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna Selected Equip & Specs (cont'd) Wipers Variable intermittent front windshield wipers Interior Lighting Illuminated entry Illuminated entry Variable panel light Variable instrument panel light Front reading lights Front reading lights Lights Running lights Daytime running lights Interior courtesy lights Fade interior courtesy lights Clearance lights Cab clearance lights Perimeter approach lighting Remote activated perimeter approach lighting Technology and Telematics Connectivity Handsfree SYNC 4 handsfree wireless device connectivity Emergency SOS SYNC 4 911 Assist emergency SOS system via mobile device Internet Access Internet access Ford Pass Connect 4G mobile hotspot internet access USB Ports USB ports 2 USB ports Safety and Security Airbags Front impact airbag driver Driver front impact airbag Front impact airbag passenger Cancellable front passenger air bag Front side impact airbag passenger Seat mounted side impact front passenger airbag Seatbelts Height adjustable seatbelts Front height adjustable seatbelts Security System Immobilizer SecuriLock immobilizer Smart device integration AppLink/Apple CarPlay and Android Auto smart device wireless mirroring Number of airbags 6 airbags Front side impact airbag driver Seat mounted side impact driver airbag Overhead airbags Safety Canopy System curtain first -row overhead airbags Remote panic alarm Remote panic alarm City Council 12-34 11 /21 /2023 Prepared for: Ben DeVille Sales, Terex Prepared by: Mike Johnson 09/15/2023 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna Selected Equip & Specs (cont'd) Active Driving Assistance Lane departure Lane Departure Warning Cameras * Rear camera Rear mounted camera Forward collision warning Pre -Collision Assist with Automatic Emergency Braking (AEB) forward collision mitigation City Council 12 — 35 11/21/2023 Prepared for: Ben DeVille Sales, Terex *00 Prepared by: Mike Johnson 09/15/2023 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna As Configured Vehicle Code Description Base Vehicle F5G Base Vehicle Price (F5G) Packages 660A Order Code 660A Includes: Engine: 7.3L 2V DEVCT NA PFI V8 Gas - Transmission: TorgShift 10-Speed Automatic 10R140 with neutral idle. Includes SelectShift and selectable drive modes: normal, tow/haul, eco, slippery roads and trail. - Tires: 225/70Rx19.5G BSW A/P - Wheels: 19.5" x 6" Argent Painted Steel Hub covers/center ornaments not included. - Radio: AM/FM Stereo w/MP3 Player Includes 4 speakers. - SYNC 4 Communications & Entertainment System Includes enhanced voice recognition, 911 Assist, 8" LCD center stack screen, AppLink, 1 smart -charging USB port and trailer brake controller. Powertrain 99N Engine: 7.31L 2V DEVCT NA PFI V8 Gas 44G Transmission: TorgShift 10-Speed Automatic 10R140 with neutral idle. Includes SelectShift and selectable drive modes: normal, tow/haul, eco, slippery roads and trail. X8L Limited Slip w/4.88 Axle Ratio 68U GVWR: 19,000 Ibs Payload Upgrade Package Includes upgraded frame and upgraded rear -axle. Note: See Order Guide Supplemental Reference for further details on GVWR and payload ranges. Wheels & Tires TGJ Tires: 225/70Rx19.5G BSW A/P 64Z Wheels: 19.5" x 6" Argent Painted Steel Hub covers/center ornaments not included. Seats & Seat Trim 1 Cloth 40/20/40 Split Bench Seat Includes center armrest, cupholder, storage and driver's side manual lumbar. Other Options City Council 12 — 36 11/21/2023 Prepared for: Ben DeVille Sales, Terex *00 Prepared by: Mike Johnson 09/15/2023 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna As Configured Vehicle (cont'd) Code Description PAINT Monotone Paint Application 145WB 145" Wheelbase STDRD Radio: AM/FM Stereo w/MP3 Player Includes 4 speakers. Includes: - SYNC 4 Communications & Entertainment System Includes enhanced voice recognition, 911 Assist, 8" LCD center stack screen, AppLink, 1 smart -charging USB port and trailer brake controller. 67P Extra Heavy -Duty Front End Suspension - 7,500 GAWR Includes upgraded front axle and max 7,500 lbs. Front springs/GAWR rating for configuration selected. Incomplete vehicle package - requires further manufacture and certification by a final stage manufacturer. 18B Platform Running Boards 872 Rear View Camera & Prep Kit Pre -installed content includes cab wiring and frame wiring to the rear most cross member. Upfitters kit includes camera with mounting bracket, 20' jumper wire and camera mounting/aiming instructions. Fleet Options WARANT Fleet Customer Powertrain Limited Warranty Requires valid FIN code. Ford is increasing the 5-year 60,000-mile limited powertrain warranty to 5- years, 100, 000 miles. Only Fleet purchasers with a valid Fleet Identification Number (FIN code) will receive the extended warranty. When the sale is entered into the sales reporting system with a sales type fleet along with a valid FIN code, the warranty extension will automatically be added to the vehicle. The extension will stay with the vehicle even if it is subsequently sold to a non -fleet customer before the expiration. This extension applies to both gas and diesel powertrains. Dealers can check for the warranty extension on eligible fleet vehicles in OASIS. Please refer to the Warranty and Policy Manual section 3.13.00 Gas Engine Commercial Warranty. This change will also be reflected in the printed Warranty Guided distributed with the purchase of every new vehicle. Emissions 425 50-State Emissions System Exterior Color Z1 01 Oxford White Interior Color 1 S_06 Medium Dark Slate w/Cloth 40/20/40 Split Bench Seat City Council 12 — 37 11/21/2023 Prepared for: Ben DeVille Sales, Terex *00 Prepared by: Mike Johnson 09/15/2023 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna Warranty Standard Warranty Basic Warranty Basic warranty 36 months/36,000 miles Powertrain Warranty Powertrain warranty 60 months/60,000 miles Corrosion Perforation Corrosion perforation warranty 60 months/unlimited Roadside Assistance Warranty Roadside warranty 60 months/60,000 miles City Council 12 — 38 11/21/2023 Prepared for: Ben DeVille Sales, Terex *00 Prepared by: Mike Johnson 09/15/2023 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna Vehicle Dimension and Performance Summary Performance predictions in this report represent an estimate of vehicle performance based on standard operating conditions. Variations in customer equipment, load configuration, ambient conditions, and/or operator driving techniques can cause significant variations in vehicle performance. These values are not representative of results that may be shown in actual dynamometer tests. This report should therefore be used as a guide for comparative vehicle performance. Dimensions A Front of Bumper to Front Axle B Front Bumper to Back of Cab (BBC) C Wheelbase (WB) D Overall Length (OAL) E Back of Cab to Rear Axle (CA) F Back of Cab to End of Frame G Rear Axle to End of Frame (AF) H Frame Section Height I Rear Frame Height Unloaded I Rear Frame Height Loaded J Cab Height K Body Width L Maximum Ground Clearance L Minimum Ground Clearance M Front Tread M Rear Tread 38.30 in. 123.70 in. 145.00 in. 230.70 in. 60.00 in. 107.20 in. 47.20 in. N/A 35.00 in. 28.60 in. 81.70 in. 80.00 in. N/A 8.20 in. 74.80 in. 74.00 in. City Council 12 — 39 11/21/2023 Prepared for: Ben DeVille Sales, Terex Prepared by: Mike Johnson 09/15/2023 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna Vehicle Dimension and Performance Summary (cont'd) s ti 1 I� Weight GVW Front Axle Rear Axle Totals Chassis 3,626 Ibs 3,035 Ibs 6,661 Ibs Body 0 Ibs 0 Ibs 0 Ibs Occupants Weight 300 Ibs 150 Ibs 450 Ibs 1 Max Payload - (Max Payload) 3,574 Ibs 8,315 Ibs 11,889 Ibs TOTAL 7,500 Ibs 11,500 Ibs 19,000 Ibs Ratinas Front Axle Rear Axle GVWR GAWR 7,500 Ibs 13,900 Ibs 19,000 Ibs Wheels/Tires 7,500 Ibs 15,000 Ibs Suspension 7,500 Ibs 13,900 Ibs Axle 7,500 Ibs 14,706 Ibs Legal Axle Limit 0 Ibs 0 Ibs City Council 12 — 40 11/21/2023 Prepared for: Ben DeVille Sales, Terex *00 Prepared by: Mike Johnson 09/15/2023 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna Vehicle Dimension and Performance Summary (cont'd) Start, Grade and Speed Start Ratio Desired Calculated Start grade capability in 1st gear 4.62 15.00 % 33.04 % Start grade capability in reverse 4.70 15.00 % 33.61 % Grade Ratio Desired Calculated Maximum grade in 8th gear 0.85 3.00 % 6.19 % Maximum grade in 9th gear 0.69 3.00 % 4.99 % Maximum grade in 10th gear 0.63 3.00 % 4.59 % Speed Desired Calculated Top Speed (level grade) 75 mph 113 mph To meet your requirement you need a maximum axle ratio of 8.80 Top Speed on 3% grade 55 mph To meet your requirement you need a maximum of 120 hp Cruise Speed 60 mph 78 mph Engine RPM at desired cruise speed 1,995 rpm Variables in Use Start Rear axle ratio: 4.88 Clutch engagement torque: 234 ft.lbs. Tire size: 225/70R19.5 (647 Torque conversion ratio: 1.97 rev/mile) Gross Vehicle Weight (GVW): 19,000 Ibs Grade Rear axle ratio: 4.88 Gross Vehicle Weight (GVW): 19,000 Ibs Tire size: 225/70R19.5 (647 Peak engine torque: 468 ft.lbs. rev/mile) Speed Engine Power: 335 hp @ 3,750 rpm Worst road surface Typical Highway Peak Torque RPM: 3,750 rpm Final Drive Ratio: 0.63 Frontal Area: 40.39 Sq.Ft. Drag Coefficient 0.80 Cruising RPM 2,600 rpm City Council 12 — 41 11/21/2023 Prepared for: Ben DeVille Sales, Terex *00 Prepared by: Mike Johnson 09/15/2023 Watertown Ford 11600 9th Avenue SE Watertown South Dakota 1572015305 2024 F-550 Chassis 4x2 SD Regular Cab 145" WB DRW XL (F5G) Price Level: 420 1 Quote ID: SantaAna Vehicle Dimension and Performance Summary (cont'd) Turning Radius Turning Radius 21.25 ft City Council 12 — 42 11/21/2023 Public Works Agency www.santa-ana.org/public-works Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Purchase of a Ford Super Duty F-550 Truck for the Public Works Water Resources Division AGENDA TITLE Award a Purchase Order to National Auto Fleet Group for One Ford Super Duty F-550 Truck, in an Amount Not to Exceed $200,647 (Specification No. 23-158) (Non -General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to National Auto Fleet Group for one Ford Super Duty F-550 Truck in the amount of $180,647, plus a contingency amount of $20,000, for a total amount not to exceed $200,647, subject to non -substantive changes approved by the City Manager and City Attorney. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Public Works Agency's (PWA) Parks, Fleet, and Facilities Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Fleet Services section maintains an equipment replacement schedule and works with departments to routinely replace vehicles that have surpassed their useful life cycle. The PWA Water Resources Division oversees and maintains the daily operations of the City of Santa Ana's water and sanitary sewer system. The Water Resources Division is requesting a new service truck to replace an aging vehicle utilized substantially by Sewer Maintenance Services. The existing vehicle is from model year 2012 and has exceeded its useful life. The vehicle is primarily used to transport pipe bursting equipment needed to efficiently replace sewer laterals with structural deficiencies. Replacing this vehicle with a more reliable and efficient vehicle is essential to ensure the continued delivery of high -quality sewer services to the residents of Santa Ana. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Sourcewell, a cooperative government purchasing agency, awarded a contract to National Auto Fleet City Council 13 — 1 11/21/2023 Purchase of a Ford Super Duty F-550 Truck for the Public Works Water Resources Division November 21, 2023 Page 2 Group. (Contract No. 091521-NAF) as a result of open, competitive bidding on behalf of its members, which includes government agencies. Staff researched available procurement options and product offerings in the market, and determined that National Auto Fleet Group meets the City's specifications. By leveraging the procurement power through cooperative purchasing, the City of Santa Ana is able to obtain nationally vetted, high quality products at competitive volume pricing, and is in accordance with the City's existing Purchasing guidelines. FISCAL IMPACT Funding is available in the FY 2023-24 budget. The following table summarizes the funds budgeted and available for expenditure to deliver agreement services. Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account Description Account Description FY 23-24 07017100- Equipment Equipment Replacement, $200,647 66400 Replacement Machinery & Equipment TOTAL $200,647 EXHIBIT(S) 1. National Auto Fleet Group Quote No. 25634 Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager City Council 13 — 2 11/21/2023 EXHIBIT 1 National Auto Fleet Croup A Division of ChavPalet at Watsonville 490 Auto Center [hive, Watsonville, CA 95076 [8553 289-6572 - 1831 j 480-8497 Fax FIeet3vNatianaIAutoFIeatGraup.cam 9/13/2023 Quote ID- 25634 Carder Cut Off Date-, TBA Mr Edwin Sosa city of santa ana 215 S Center St Santa Ana, California, 92703 Dear Edwin Sosa, National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration. One (1) New/Unused (2024 Ford Super Duty F-550 DRW (F5G) XL 2WD Reg Cab 193" WB 108" CA, CTEC Upfit QT 14126) and delivered to your specified location, each for One Unit One Unit Total % Total Savings (MSRP) Savings Contract Price $58,710.00 $57,679.40 1.755 % $1,030.60 CTEC Upfit $107,409.00 QT 14126 Tax (9.2500 %) $15,270.68 Tire fee $12.25 Transportation $275.00 Total $180,646.33 - per the attached specifications. Price includes 2 additional key(s). This vehicle(s) is available under the Sourcewell Contract 091521-NAF . Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle. Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call. Sincerely, Kevin Buzzard Account Manager Email; buzzard5150@gmail.com Office: (626) 457-5590 Fax: (831) 480-8497 CH1ROLEr TOYOTA City Council 13 — 3 11/21/2023 CALIFORNIA TRUCK EQUIPMENT CO. QUOTE Aims 12351 Bellflower Blvd, Downey CA 90242 Quote Date I Comte # PH - 562-803-4466 F - 562-803-8795 Sold To; End User ctec-truckbody.com 8/28/2023 Watsonville Fleet Group Santa Ana -- Terns 1601 W. Main St. - Alhambra, CA 91801 FOB Kevin Buzzard -_ -_ Rep 14126 Net 10 CTEC JG Model Cab Fuel Truck Available Rear wheel Bed width Compartment depth CA F-550 Gas no DRW 49" X 23" ]OS" PROUDLY PRODUCED -100% - IN CALIFORNIA - USA description Qty Total CTEC model 15238-VCT-95 Cabinet configuration with Ad shelves VMAC VR-150 Underhood Air Compressor Systems - 1 F-550 b.8L V 10 Fully integrated with truck's engine, high performance in extreme weather conditions. Belt Driven 100% duty cycle Throttle control adjusts engine speed automatically to match air demand LCD display with service notifications, error messages and system temperature Safety Features include vehicle drive disable circuit on throttle control, park brake safety shut-off switch on control box, automatic rapid blow -down valve on tank, 20OPS1 pressure relief valve on tank, electric clutch on compressor 1 QUOTE VALID FOR 30 DAYS Order accepted bye Print Name PO # Subtotal Date Tax (9.5%) Total ANY AND ALL WARRANTY WORK W11 LL BE DONE BY CTEC AT 12351 BELLFLOWER BLVD - Eity-Eouncil 13 —4 4_ -- WIa�&'l CALIFORN9�41's�lDcWC EQUIPMENT CO. QUOTE12351 Beffflower Blvd, Downey CA 90242 Quote Date Quote # PH - 562-8034466 F - 562-803-8795 Sold To: End User Ctec-truckbody.Com 1 8/28/2023 14126 Watsonville Fleet Group Santa Ana Terms Net 10 1601 W . Main St. Alhambra, CA 91801 FOB CrEC Kevin Buzzard Rep JG Model Cab Fuel 'truck Available Rear wheel � Bed width Compartment depth CA F-550 Gas no DRW 491" X 23" 108" PROUDLY ]PRODUCED -100% - IN CALIFORNIA - USA Description city Total Dual battery trucks (Ford Order code 86W require VMAC adapter kit (VMAC Part # A900023) Not compatible with dual alternators (67B, 397 Amp); dual alternator trucks require conversion to single alternator (STD, 240 Amp) and purchase of a single alternator belt (VMAC Part # 1610101) - (EXT-UH-002); harness lengths vary AOST Inboard Mounting Kit (VNIAC Part # A700250) included in kit; additional hose lengths for inboard mounting not included; trucks not compatible with AOST Inboard Mounting Kit A700250 require removal of passenger side OEM running board; A700250 is not compatible with Pick Up Trucks, Chassis Cab Trucks with Midship Fuel Tank (26.5 Gallon, Order Code 65M), or Chassis Cab Trucks with Regular Cab and 145" Wheel Base (60" Cab to Axle) - (EXT-ACC-002) Not compatible with Pro Power Onboard option; alternator/generator for the Pro Power Onboard system cannot be deleted; DO NOT order with Pro Power Onboard option Post Style Cone Holder - Front bumper mounted post style come holder powder coated red 2 Tommy Gate 1 model G2-54-1642 TP48 1,600 LB capacity - platform 49" X 48 MODELS FOR SERVICE BODIES WITH 48" OPENING Cab protector Custom Design 1 QUOTE VALID FOR 30 DAYS Subtotal Order accepted by: Date Tax (9.5%) Print Name PO # Total ANY AND ALL WARRANTY WORK WILL BY CTEC AT 12351 BELLFLOWER BLVD DE3�WF£*' —P.' -CJty Council CALIFORNIA TRUCK EQUIPMENT CO. QUOTE 12351 Bellflower Blvd, Downey CA 90242 few IN M VNEw PH - 562-803-4466 F - 562-803-8795 Quote Date Qeote # Sold To. End User cteC-truckbody.com 8/28/2023 14126 Watsonville Fleet Group - - Santa Ana - Terms Net 10 1601 W. Maim St. Alhambra, CA 91801 FOB CTEC Kevin Buzzard Rep JG Model Cab Fuel Truck Available Rearwheei Bed width Compartment depth CA F-550 Gas no DR9U 4911 X 23" 108" PROUDLY PRODUCED - 100% - IN CALIFORNIA - USA Description Qty Total Floor Recessed D-Ring Tie Down 6 360' Rotating and Pivoting up/down , (6,000 Lbs. workload cap.) E-Track Section 4 Mount to backwrapper CS & SS Two rows each Broom & Shovel Holder 2 Behind cab vertical design CS & SS 5000 Watt Power Inverter 1 CS41 Compt - tentative Air velocity fuse - autbleed valve 1 QUOTE VALID FOR 30 DAYS Subtotal Order accepted by Date Tax (9.5%) Print Name PO # Total I ANY AND ALL WARRANTY WORK WILL BE DONE BV CTEC AT 12351 BELLFLOWER BLVD i CALIFORNIA TRUCK EQUIPMENT CO. QUOTE 12351 Bellflower Blvd, Downey CA 90242 - Quote Date Quote # PH - 562-803-4466 F - 562-803-8795 Sold To: End User ctec-truckbody.com I 8/28/2Q23 14126 Watsonville Fleet Group Santa Ana - Terms Net 10 1601 W. Main St. Alhambra, CA 91801 FOB CTEC Kevin Buzzard Rep 7G Model Cab Fuel Truck Available Rear wheel Bed width Compartment depth F-550 Gas no DRW 49" X 23" PROUDLY PRODUCED -100% - IN CALIFORNIA - USA Description (sty Hose Reel Reelcraft Model 7650-OLP Heavy Duty Spring Retractable 3/8" hose I.D., 50 ft. hose length 300 psi pressure, hose included 4 Way roller and hose guide out of rear end panel CS rear Compt Pipe Rack - 1 20' long Above SS cabinet Ratchet Strap 4 12' Logistics with "e-clips" on both ends (yellow) Rear mount fold down step 1 4 Whelen L31 Series 3601 LED Amber Beacon 2 Locate at ends of cab protector QUOTE VALID FOR 30 DAYS Subtotal Order accepted by, Print Name PO # ANY AND ALL WARRANTY WORK WILL BE f_itv_C'nunnil Date CA 108" Total Tax (9.5%) Total BY CTEC AT 12351 BELLFLOWER BLVD do CALIFORNIA TRUCK EQUIPMENT CO. QUOTE 12351 Bellflower Blvd, Downey CA 90242 Quote Date Quote # PH - 562-803-4466 F - 562-803-8795 1 - Sold To: IEnd User ctec-truckbody.Com 8/28/2023 14126 Watsonville Fleet Group Santa Ana Terms Net 10 1601 W. Main St. Alhambra, CA 91801 FOB CTEC Kevin Buzzard Rep JG Model Cab Fuel Truck Available Rear wheel Bed width Compartment depth CA F-550 Gas no DRW 49" X 23" 108" PROUDLY PRODUCED -100% - IN CALIFORNIA - USA Description Qty Total Heavy Duty slide 1 CS#1 Cabinet Custom extra heavy duty capacity for City supplied tool Hydraulic Reservoir Tank - 15g 1 LED Interior Strip Lighting 10 push-pull switch in compartment Slide -out vise bracket - Custom 1 Ref Santa Ana pits CS rear workdeck Wilton Mechanics Vise 1 6" Jaw with 360' swivel base Model# 746 Class IV Receiver Hitch and Safety "D"- Rings 1 Trailer Connector -TBD 1 Santa Ana. specific Whelen 500 Series -Flange (Chrome) 6 QUOTE VALID FOR 30 DAYS Subtotal Order accepted by: Date Tax (9.5016) Print Name PO # Total ANY AND ALL WARRANTY WORK WILL BE DONE BY CTEC AT 12351 BELLFLOWER BLVD CALIFORNIA TRUCK EQUIPMENT CO. QUOTE 9VE 12351 Bellflower Blvd, Downey CA 90242 � PH - 562-8034466 F - 562-803-8795 Quote Date Quote Sold To: End User Ctec-truckbody.com 8/28/2023 14126 Watsonville Fleet Group Santa Ana Terms Net to 1601 W. Main St. Alhambra, CA 91801 FOB CTEC Kevin Buzzard Rep IG Model Cab Fuel ; Truck Available Rear wheel Bed width Compartment depth CA F-550 Gas no DRW _ 49" X 23" 1OS" PROUDLY PRODUCED -100% - IN CALIFORNIA - USA Description Whelen 500 Series -Linear super -LED lighthead (Amber) 2 ea front grill 2 ea utility body center over ww 2 ea rear end panel Whelen Micron Series Super -LED Lighthead, Amber, Surface Mount, Chrome Flange Mirror mount TA165NF1 Arrow Head style traffic advisor Mount to top center of headache rack Removable false bulkhead Front of bed for hydraulic tank protection Power Inverter Kit (Aux. battery with box and battery isolator) Custom L-Shaped Tool Basket Open top Expanded Metal Across front bulkhead and on top of CS cabinets Line-x black QUOTE VALID FOR 30 DAYS Order accepted by: Print Name _ PO ## ANY AND ALL WARRANTY WORK WILL BE Subtotal Qty 6 E I It 1 Total Date Tax (9.5%) Total ►ONE BY CTEC AT 12351 BELLFLOWER BLVD CALIFORNIA TRUCK EQUIPMENT CO. QUOTE 12351 Bellflower Blvd, Downey CA 90242 PH - 562-803-4466 F - 562-803-8795 Quote Date Quote � Sold To: End User ctec-truckbody.co�n 8/28/2023 14126 Watsonville Fleet Group Santa Ana Terms Net 10 1601 W. Main St. Alhambra, CA 91801 FOB CIEC Kevin Buzzard. Rep JG Model Cab F-550 Fuel Truck Available Rear wheel Bed width Compartment depth Gas no DRW 49" X 23" PROUDLY PRODUCED -100% - IN CALIFORNIA - USA CA 108" Deseription Qty Total Line-X "Spray On Liner" -- - 1 Entire Bed area Top walling surface of Tommy Gate Top of rear steps - anti skid Tool Baskets Custom Hydraulic Fitting Connection Box 1 CS Rear workdeck Used for City of Santa Ana specialized tool Fitting size and type TBD PTO Pump, filter, regulator, hoses, fittings, etc to storage tank and to rear plug-in 1 connection. Weight Certificate QUOTE VALID FOR 30 DAYS Order accepted by: Date Print Name PO # ANY AND ALL WARRANTY WORK WELL BE DONE Subtotal Tax (9.5%) Total $107,409-00 $107,409.00 BY CTEC AT 12351 BELLFLOWER BLVD Sourcewell Quote ID: 25634 Name Mr Edwin Sosa Organization Name city of santa ana Address 215 S Center St Santa Ana California 92703 Order Cut Off is TBA City Council 13 —11 11/21/2023 Vehicle Configuration Options ENGINE Code Description 99N Engine: 7_3L 2V DEVCT NA PFI V8 Gas, (STD) TRANSMISSION Code Description 44G Transmission:_ TorgShift 10-Speed Automatic, (STD) TIRES Code (Description TGJ Tires: 225/70Rx19.5G BSW A/P, (STD) PRIMARY PAINT Code Description Z1 I Oxford White SEAT TYPE Code Description AS Medium Dark Slate, HD Vinyl 40/20/40 Split Bench Seat, -inc: center armrest, cupholder, storage, 2-way adjustable driver/passenger headrests and driver's side manual lumbar AXLE RATIO Code Description X8L Limited Slip w/4.88 Axle Ratio ADDITIONAL EQUIPMENT Code Description GVWR: 19,500 lb Payload Plus Upgrade Package, -inc: upgraded frame, rear -axle and low 68M deflection/high capacity rear springs, Increases max RGAWR to 14,706 lbs, Note: See Order Guide Supplemental Reference for further details on GVWR Heavy -Service Front Suspension Package, -inc: pre -selected heavy -service front springs (see Order Guide Supplemental Reference for springs/FGAWR of specific vehicle configurations), Recommended only on vehicles which will permanently utilize aftermarket 67H equipment such as heavy-duty winches, brush guards or other apparatus which loads the front axle to the specified Gross Axle Weight Rating (GAWK), Note 1: May result in a deterioration of ride quality, Note 2- Vehicle ride height will increase w/the addition of this package 512 Spare Tire & Wheel, -inc: Excludes carrier, 6-Ton Hydraulic Jack 18B Platform Running Boards 153 cityncil- --- —12---fil/21tz�2- City Council 13 — 13 11/21/2023 2024 Fleet/Non-Retail Ford Super Duty F-550 DRW XL 2WD Reg Cab 193"' WB 108" GA WINDOW STICKER 2024 Ford Super Duty F-550 DRW XL 2WD Reg Cab 193" WB 108" CA CODE MODEL MSRP F5G 2024 Ford Super Duty F-550 DRW XL 2WD Reg Cab 193" WB 108" CA $54,195.00 OPTIONS 99N Engine: 7.3L 2V DEVCT NA PFI V8 Gas, (STD) $0.00 44G Transmission: TorgShift 10-Speed Automatic, (STD) $0.00 TGJ Tires: 225/70Rx19.5G BSW A/P, (STD) $0.00 Z1 Oxford White $0.00 AS Medium Dark Slate, HD Vinyl 40/20/40 Split Bench Seat, -inc: center armrest, cupholder, storage, $0.00 2-way adjustable driver/passenger headrests and driver's side manual lumbar X8L Limited Slip w/4.88 Axle Ratio $395 00 68M GVWR: 19,500 lb Payload Plus Upgrade Package, -inc: upgraded frame, rear -axle and low $1,155.00 deflection/high capacity rear springs, Increases max RGAWR to 14,706 Ibs, Note: See Order Guide Supplemental Reference for further details on GVWR 67H Heavy -Service Front Suspension Package, -inc: pre -selected heavy -service front springs (see $125.00 Order Guide Supplemental Reference for springs/FGAWR of specific vehicle configurations), Recommended only on vehicles which will permanently utilize aftermarket equipment such as heavy-duty winches, brush guards or other apparatus which loads the front axle to the specified Gross Axle Weight Rating (GAWR), Note 1: May result in a deterioration of ride quality, Note 2: Vehicle ride height will increase w/the addition of this package 512 Spare Tire & Wheel, -inc: Excludes carrier, 6-Ton Hydraulic Jack $350_00 18B Platform Running Boards $320 00 153 Front License Plate Bracket $0.00 61J 6-Ton Hydraulic Jack INC 76C Exterior Backup Alarm (Pre -Installed) $175.00 660A Order Code 660A $0.00 Please note selected options override standard equipment SUBTOTAL $56,715.00 Advert/ Adjustments $0.00 Manufacturer Destination Charge $1,995.00 TOTAL PRICE $58,710.00 Est City: NIA MPG Est Highway: N/A MPG Est Highway Cruising Range: N/A mi itv Cnun6l — Any performance -related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. Notes City Council 13 — 15 11/21/2023 Standard Equipment MECHANICAL Engine: 7.31- 2V DEVCT NA PFI V8 Gas (STD) Transmission: TorgShift 10-Speed Automatic -inc: 10R140 w/neutral idle, SelectShift and selectable drive modes: normal, tow/haul, eco, slippery roads and trail (STD) 4.88 Axle Ratio (STD) EXTERIOR Tires: 225/70Rx19.5G BSW A/P (STD) WHEELS Wheels: 19.5" x 6"Argent Painted Steel -inc: Hub covers/center ornaments not included: ADDITIONAL EQUIPMENT 50-State Emissions System Transmission w1Oil Cooler Rear -Wheel Drive 78-Amp/Hr 750CCA Maintenance -Free Battery w/Run Down Protection � D 25250 Amp Alternator Towing Equipment -inc: Brake Controller and Trailer Sway Control Trailer Wiring Harness 11220# Maximum Payload GVWR: 18,000 Ibs Payload Package HD Shock Absorbers Front And Rear Anti -Roll Bars Firm Suspension Hydraulic Power -Assist Steering 40 Gal. Fuel Tank Single Stainless Steel Exhaust Dual Rear Wheels Front Suspension w/Coil Springs Solid Axle Rear Suspension w/Leaf Springs 4-Wheel Disc Brakes w14-Wheel ABS, Front And Rear Vented Discs, Brake Assist and Hill Hold Control Upftter Switches Clearcoat Paint Black Front Rummer wlBlaek pAt and 2 Taw 1looks City U0061 Black Fender Flares Black Side Windows Trim and Black Front Windshield Trim Black Door Handles Black Power Heated Side Mirrors w/Convex Spotter, Manual Folding and Turn Signal Indicator Manual Extendable Trailer Style Mirrors Fixed Rear Window Light Tinted Glass Variable Intermittent Wipers Aluminum Panels Front Splash Guards Black Grille Autolamp Auto On1OffAero-Composite Halogen Daytime Running Lights Preference Setting Headlamps w/Delay-Off Cab Clearance Lights Perimeter/Approach Lights Radio w/Seek-Scan, Clock and Speed Compensated Volume Control Radio: AM/FM Stereo w/MP3 Player -inc: 4 speakers Fixed Antenna SYNC 4 Communications & Entertainment System -inc: enhanced voice recognition, 911 Assist, 8" LCD center stack screen, AppLink, 1 smart -charging USB port and trailer brake controller 2 LCD Monitors In The Front 4-Way Driver Seat -inc: Manual Recline and Fore/Aft Movement 4-Way Passenger Seat -inc: Manual Recline and Fore/Aft Movement Manual Tilt/Telescoping Steering Column Gauges -inc: Speedometer, Odometer, Oil Pressure, Engine Coolant Temp, Tachometer, Transmission Fluid Temp, Engine Hour Meter, Trip Odometer and Trip Computer FordPass Connect 4G Mobile Hotspot Internet Access Remote Keyless Entry w/Integrated Key Transmitter, Illuminated Entry and Panic Button Cruise Control w/Steering Wheel Controls Manual Air Conditioning Illuminated Locking Glove Box Interior Trim -inc: Chrome Interior Accents Full Cloth Headliner Urethane Gear Shifter Material HD Vinyl 40/20/40 Split Bench Seat -inc: center armrest, cupholder, storage, 2-way adjustable f driver/passenger headrests and driver's side manual lumbar Day -Night Rearview Mirror Passenger Visor Vanity Mirror 1 Pl I11 n%/9Mr11iM-a i (`nnQnlc %Ai/C'fraA el 4 e)A / nf* 1^1...._ ll..a.1_L_ ae.� vr.s I — Am Ia7ViCr VV/47LVI Li!JIi CMU L ILV Ul./ rUWUI L/U LIULS Front Map Lights Fade -To -Off Interior Lighting City Council 13 — 17 11/21/2023 Full Vinyl/Rubber Floor Covering Smart Device Remote Engine Start Instrument Panel Covered Bin and Dashboard Storage Power 1 st Row Windows w/Driver And Passenger 1-Touch Up/Down Delayed Accessory Power Power Door Locks Driver Information Center Trip Computer Outside Temp Gauge Digital/Analog Appearance Seats wNinyl Back Material Manual Adjustable Front Head Restraints Securilock Anti -Theft Ignition (pats) Immobilizer 2 12V DC Power Outlets Air Filtration Driveline Traction Control Side Impact Beams Dual Stage Driver And Passenger Seat -Mounted Side Airbags Pre -Collision Assist with Automatic Emergency Braking (AEB) Lane Departure Warning Collision Mitigation -Front Dual Stage Driver And Passenger Front Airbags w/Passenger Off Switch Safety Canopy System Curtain 1 st Row Airbags Outboard Front Lap And Shoulder Safety Belts -inc: Height Adjusters City Council 13 — 18 11/21/2023 r 0"q; Public Works Agency ir www.santa-ana.org/public-works �. Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: West Willits Protected Bicycle Lane Project AGENDA TITLE Approve an Appropriation Adjustment and Approve Change Order to Add Funds in the Amount of $280,000 to an Existing Construction Contract with Excel Paving Company, Inc. for a Revised Estimated Project Delivery Cost of $2,557,000, for the West Willits Protected Bicycle Lane Project (Project No. 19-6948 (ATPSB1 L-5063(195)) (Non - General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing prior -year fund balance of $280,000 in the Residential Street Improvement fund, Prior Year Carry Forward revenue account (AU 0581702-50001) and appropriate the same amount into the Residential Street improvement fund, Improvements Other Than Building expenditure account (AU 05817660-66220) for FY 2023-2024 capital operating expenses. (Requires five affirmative votes). 2. Approve an amendment to the Project Cost Analysis to reflect the new amount of $488,200 for project contingency for unanticipated or unforeseen work, for a total Construction Delivery Cost of $2,557,000, subject to non -substantive changes approved by the City Manager. 3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program for $280,000 for construction contingency funds, for the West Willits Protected Bicycle Lanes Project (Project No. 19-6948). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On March 7, 2023, the City Council authorized the award of a construction contract to Excel Paving Company, Inc. to construct West Willits Protected Bicycle Lanes Project (Exhibit 1). Staff has identified additional improvements that could be incorporated by expanding the scope of work to pave the residential street to enhance the drivability for the residents in the project area. The proposed expanded scope of work will result in a more complete delivery of the bicycle lanes and pavement project and take advantage of competitive prices. City Council 14 — 1 11/21/2023 West Willits Protected Bicycle Lane Project November 21, 2023 Page 2 Approval of the recommended action will allow completion of the project including additional required work. The recommended action will increase the contract project contingency by $280,000 (Exhibit 2), thereby increasing the total estimated construction delivery cost to $2,557,000, as summarized in the table below: Project Item Current Total New Total Construction Contract Bid Amount $1,798,800 $1,798,800 Construction, Administration, Inspection, Testing $270,000 $270,000 Contract Contingencies $208,200 $488,200 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $2,277,000 $2,557,000 FISCAL IMPACT The following table summarizes the funds budgeted and available in current FY 2023-24 for expenditure to deliver construction of this project. Any unspent budget in FY 2024 will be included in future year Carry Forward for City Council consideration. Fiscal Year Accounting Fund Accounting Unit, Amount Unit — Description Account No. Account # Description Original Construction Delivery Cost 2022-23 14817615- Traffic System Active Transportation $2,277,000 66220 Management Program —Federal, (19-6948) Grant Improvements Other Than Buildings Appropriation Adjustment 2023-24 05817660- Residential Residential Street $280,000 66220 Street Improvement, (19-6948) Improvement Improvements Other Than Buildings Total Contract Amount $2,557,000 EXHIBIT(S) 1. Location Map 2. Amendment to Fiscal Year 2023-24 CIP Submitted By: Nabil Saba, P. E., Executive Director - Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager City Council 14 — 2 11/21/2023 Exhibit 1 ir SANTAANA Project No. 19-6948 (ATPSBL-5063(195)): PWA West Willits Protected Bike Lanes from Fairview �CY PUBLIC WORKS AGENCY I Street to Raitt Street City Council 14 — 3 11/21/2023 EXHIBIT 2 PROJECT TITLE: West Willits Street Protected Bicycle Lanes: Fairview to Raitt PROJECT CATEGORY: Traffic Improvements Traffic Safety / Mobility LOCATION MAP !A AGENCY: Public Works CITY OF SANTA ANA FY 23/24CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Design and construction of a protected bikeway along Willits Street including raised medians, bike detection, and crosswalk enhancements. PROJECT NEED: Project is designed to increase bicyclists' safety and mobility. PROJECT COSTS Project FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 2,277,000 - - - - - - - Construction - - Contingency 280,000 Engineering - TOTAL 2,277,000 280,000 - - - SOURCE OF FUNDS Project FY 23124 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 ATP - - - - - - - ATP - SB1 Augmentation - ATP- Federal 2,277,000 - RESIDENTIAL STREET IMPROV - 280,000 TOTAL 2,277,000 280,000 - DIVISION: Design Engineering CONTACT: Sean Thomas, Senior Civil Engineer DATE: 03-Nov-2023 City Council 14 — 4 11/21/2023 Public Works Agency www.santa-ana.org/pubic-works Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: SCADA Network Consulting and Support Services AGENDA TITLE Approve Agreement with XV Solutions to Provide SCADA Network Consulting and Support Services in an Amount Not to Exceed $750,000 for Up to a Five -Year Term (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with XV Solutions to provide on - call supervisory control and data acquisition network consulting and support services, for a total amount not to exceed $750,000, for a three-year term beginning November 21, 2023 and expiring November 20, 2026, with provisions for one, two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency's Water Resources Division (Water Resources) oversees and maintains the daily operations of the City's water and sanitary sewer systems. The water system is composed of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure regulating stations, and seven connection points to the Metropolitan Water District. The system has an average daily demand of 30 million gallons from its roughly 45,500 metered service connections. The City's water production facilities are controlled by supervisory control and data acquisition (SCADA) software which is used to monitor the processes involved in water production, storage, and delivery. The computer -based SCADA system provides significant insight about the potable water system in Santa Ana and allows the City to effectively respond to critical and time -sensitive information such as unplanned power outages and mechanical failures. Water Resources' SCADA software was formerly provided by Kapsch-DYNAC but displayed significant limitations with respect to reporting, long-term retention of historical data, and making live system changes. On January 19, 2021, the City entered into an agreement with Wonderware California (now referred to as AVEVA Select California) to provide SCADA software services without the City Council 15 — 1 11/21/2023 SCADA Network Consulting and Support Services November 21, 2023 Page 2 limitations of Kapsch-DYNAC. Due to the complex nature of the SCADA system, an experienced consultant is needed to successfully execute the SCADA system upgrade from Kapsch-DYNAC to AVEVA Select California. It is imperative to secure the services of a qualified consultant who can provide continual SCADA network monitoring and technical support to ensure the reliable distribution of potable water to Santa Ana residents. On August 3, 2023, the Public Works Agency released Request for Proposals (RFP) No. 23-124, by which it sought the services of a qualified consulting firm to provide SCADA network consulting and support services for the City's water production facilities. The RFP was advertised on the City's online bid management and publication system, PlanetBids, with proposals due on August 22, 2023. System records indicate a total of 507 vendors were notified via PlanetBids, five of which are Santa Ana based. Forty-two vendors requested bidding documents, and one proposal was received and evaluated by a selection committee. Staff recommends awarding the agreement to XV Solutions to provide the requested services on an as -needed basis (Exhibit 1). Since 2019, XV Solutions has efficiently provided services to Water Resources and has proven to be instrumental in the transition from Kapsch-DYNAC software to Wonderware software by ensuring the successful implementation of set points, alarms, graphics, and mechanical components in the Wonderware interface. Additionally, XV Solutions provides SCADA programming services for new advanced water treatment systems as well as all capital improvement projects utilizing the SCADA network. Given the increased prevalence of California regulations pertaining to water quality and reporting, the City is presently engaged in the planning and construction of more than five additional advanced treatment facilities. These project expansion initiatives will require the ongoing involvement of an experienced consultant for the implementation of AVEVA Select California software. XV Solutions' work experience and proposal demonstrate that the firm has the necessary technical capacity and expertise to complete the required services outlined in the RFP. The firm's rates are reasonable and within industry standard and the proposal was determined to provide the best value for the City. FISCAL IMPACT Funding is available in the FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. City Council 15 — 2 11/21/2023 SCADA Network Consulting and Support Services November 21, 2023 Page 3 Fiscal Accounting Fund Accounting Unit, Year Unit Description Account Description Amount - Account # Contract 3-Year Term Water Utility Production 2023-24 06017640- Water & Supply, Contract $150,000 62300 Services - Professional Water Utility Production 2024-25 06017640- Water Fund & Supply, Contract $150,000 62300 Services -Professional Water Utility Production 2025-26 06017640- Water Fund & Supply, Contract $150,000 62300 Services -Professional Optional Two -Year Extension Water Utility Production 06017640- Water Fund & Supply, Contract $150,000 2026-27 62300 Services - Professional Water Utility Production 2027-28 06017640- Water Fund & Supply, Contract $150,000 62300 Services -Professional TOTALI $750,000 EXHIBIT(S) 1. Agreement with XV Solutions Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager City Council 15 — 3 11/21/2023 EXHIBIT 1 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND XV SOLUTIONS TO PROVIDE SCADA NETWORK CONSULTING AND SUPPORT SERVICES THIS AGREEMENT is made and entered into on this 21 st day of November, 2023 by and between XV Solutions ("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 August 3, 2023, the City issued Request for Proposal No. 23-124, by which it sought a consultant to provide SCADA network consulting and support services for the Water Resources Division of the Public Works Agency. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that Consultant is able and willing to provide the services described in the scope of work that was included in RFP No. 23-124. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services described in the Scope of Work section included within RFP No. 23-124, attached hereto and incorporated herein by reference as Exhibit A, and as more specifically set forth in Consultant's Proposal, attached hereto and incorporated herein by reference as Exhibit B. 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 Consultant's Fee Proposal, attached hereto and incorporated herein by reference as Exhibit C. The total amount to be expended under this Agreement, including any extension periods, shall not exceed $750,000.00. 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. Page 1 of 10 City Council 15 — 4 11/21/2023 3. TERM This Agreement shall commence on November 21, 2023 and terminate on November 20, 2026, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for one (1), two (2) year period upon a writing executed by the City Manager and City Attorney 4. PREVAILING WAGES Consultant 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 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. 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 Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 10 City Council 15 — 5 11/21/2023 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 O1 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000.00 per accident for bodily injury and property damage. (iii)Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (iv)Professional Liability Insurance with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in Page 3 of 10 City Council 15 — 6 11/21/2023 connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv) Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Page 4 of 10 City Council 15 — 7 11/21/2023 (viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Certificate Holder must be addressed as follows: City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION 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. Page 5 of 10 City Council 15 — 8 11/21/2023 9. 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. 10. 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. 11. 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. 12. 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. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, Page 6 of 10 City Council 15 — 9 11/21/2023 sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 15. 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. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. Page 7 of 10 City Council 15 — 10 11/21/2023 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES 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. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 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) : • • Santa Ana, California 92702 Page 8 of 10 Cit i - 15 —11 11 /21 /2023 To Consultant: XV Solutions 22013 Lakeland Ave Lake Forest, CA 92618 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures contained on following page] Page 9 of 10 City Council 15 — 12 11/21/2023 SIGNATURE, PAGE TO CONSULTANT AGRf4'1IENT BETWEEN THE CITY OF SArNTA ANA AND aV SOLUTIONS TO 1440VIDE SCADA NETWORK CONSULTING AND SUPPORT SERVICES IN WrMESS WHEREOF, the parties hereto hava executed this Agremcnt that date tw y+car first above written. A`I"I'EST: Jennifer L. Hall Clerk of the Council APPROVED AS TO FORM: SONIA R CARVALHO City Attorney By/: nathan T. Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA City Manager CONSULTANT: f .f GL Name- .5tFtt t-41v-i3> C) V 0,K--J j- Title: OtAcnev' Pow 10 of 10 City Council 15 — 13 11/21/2023 SCOPE OF WORK City Council 15 — 14 11/21/2023 CITY OF SANTA ANA RFP NO.: 23-124 WATER RESOURCES SCADA CONSULTING AND SUPPORT SERVICES SCOPE OF WORK A. INTRODUCTION AND BACKGROUND The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.2 square miles and a population over 343,000 people. The City of Santa Ana Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City's water system has an average day demand of about 30 million gallons (MG) with 45,000 service connections. It is comprised of approximately 478 miles of water main, 45 MG of storage at five (5) sites, seven (7) MWD connections, 21 groundwater wells, seven (7) pump stations, four (4) pressure regulating stations and utilizes two (2) pressure zones. In order to manage and monitor the water infrastructure, the City's Water Resources Division utilizes supervisory control and data acquisition (SCADA) system. The City's facilities are controlled by the Dynac ES SCADA software as provided by Kapseh TrafficCom USA, Inc. The City is also utilizing Wonderware by AVEVA. B. CONSULTANT RESPONSIBILITIES The City is soliciting proposals from qualified consultant firms to provide information technology services for the Water Resources Division of the Public Works Agency. The City intends to select and enter into an agreement with one firm to provide the described services. The successful firm will have experience and/or knowledge of the components of the Water Division's technical Environment. The Water Division currently operates over 24 individual host servers interconnected by way of several network 10/100/1000 24 port switches. The data servers run Windows Server 2019, Windows Server 2018 R2 and Red Hat Linux. These servers and their subsequent network operate, manage and provide detailed analytics and water system information on a daily basis, 365 days a year. These systems are highly critical and can suffer little to no downtime. The Consultant shall provide all labor, materials, services, and equipment necessary for the services described herein. The Consultant shall possess all Federal, State and Local permits, licenses, and approvals necessary to provide good/services required in the Scope of Work. C. EXISTING WATER RESOURCES COMPUTER NETWORK (WRCN) OVERVIEW At a high level, the main objective behind the current information technology (IT) network is to provide the Water Division with a centralized computing network and efficient speed processing. As a result, the Consultant shall ensure the IT network provides the City with a storage environment that offers increased storage capacity, performance, robust fault tolerance and flexible storage administration. Overall, the Consultant shall continue to implement the following functionality of the City's current water production network infrastructure: City of Santa Ana RFP 23-124 City Council Water Resources SCADA ConsultfS wogsupport Services 11/21/2023 Page 13 CITY OF SANTA ANA RFP NO.: 23-124 WATER RESOURCES SCADA CONSULTING AND SUPPORT SERVICES • Ability to use a combination of high -end and lower end storage media • Ability to create data replication groups • Ability to present logical unit numbers (LUNs) to individual or multiple hosts including virtual machine (VM) hosts, their guests and traditional fiber/Ethernet connected hosts • Alarm notification thresholds • Remote administration • Ability to expand capacity on demand without downtime • Ability to create different redundant array of independent disk (RAID) level LUNs such as0,1,5&6 • High block level input/output (1/0) performance • Ability to present LUNs directly to VMs • Ability to send out packet data to remote sites over the radio network for control, status and monitoring • Ability to fail over to a backup server in real time with virtually zero data loss The City's Water Resources Division Equipment Overview: • DELL R640 (5) — ESK Hosts with 12 VMs • Dell Poweredge R910 (3) • Dell Poweredge R820 (2) -- SCADA Servers (Red Hat Linux OS) • Dell Poweredge R210 • Dell Poweredge R610 • Dell Poweredge R320DELL LTO 5 Tape Backup System with Backup Exec The WRCN is located in two (2) Water Resources SCADA Server Rooms. It is a temperature controlled environment powered by a Symmetra LX Extended Run Backup universal power supply. Due to the nature of the water system, it is of the utmost importance to maintain system reliability and uptime for all equipment. D. SCOPE OF SERVICES The Consultant shall be expected to perform the following list of duties and assignments: 1. ON-CALLfACCESSIBILITY REQUIREMENT City of Santa Ana RFP 23-124 City Council Water Resources SCADA Consult" anq6;upport Services 11/21/2023 Page 14 CITY OF SANTA ANA RFP NO.: 23-124 WATER RESOURCES SCADA CONSULTING AND SUPPORT SERVICES The Consultant will provide qualified and competent technical support staff on a regularly scheduled basis for SCADA networking maintenance as well as SOL/Windows programming services at the City Central SCADA Control Rooms which are located in two different sites within the City. The SCADA networking components are critical assets and as such require technical support 24 hours per day, seven (7) days per week on demand. As a result, the Contractor shall be available on an on -call basis ready to respond, and service calls shall be responded to within six (6) hours. If hardware or software services need immediate repair, the Consultant shall be capable of arriving at the job site within twenty-four (24) hours of approval from the City to commence work. Regular business hours are considered from 7:00 am to 5:00 pm (Monday through Friday). Any time outside of business hours of operation may be considered after hours/weekends. 2. SYSTEM DIAGNOSIS AND REPAIR SERVICES The Consultant must be able to install, troubleshoot, diagnose and repair all existing networking equipment as it relates to SCADA Servers utilizing a Red Hat Linux operating system. The Consultant shall also be able to provide network configurations for the Linux environment. Special consideration shall be given towards firms with experience maintaining DYNAC ES and AVEVA System Platform in a production environment. 3. CORE INFRASTRUCTURE AND NETWORK ASSESSMENTS The Consultant shall be responsible for core infrastructure and network assessments for all network servers (physical and virtual), and one minimum detectable signal (MDS) network radio. Tasks shall include the following: a. Review connectivity at all sites and make necessary upgrades to ensure optimal network performance and security. Consultant shall demonstrate experience creating virtual networks and connecting multiple sites through networking trunks, through fiber using Cisco equipment. b. Maintain current firewall with latest software that meets industry standard c. Establish and maintain virus protection on all servers and SCADA workstations d. Address and maintain all backup procedures and system restore protocols e. Establish and maintain secure remote accessibility f. Private Network shall authenticate and authorize each remote connection in the Water Resources Division via private network access with specified feature codes. g. Establish, monitor and maintain remote access profiles within a specific internet protocol (IP) pool range which are assignable only to Santa Ana Water Resources Division authorized devices City of Santa Ana RFP 23-124 City Council Water Resources SCADA Consult" an jl Support Services 11 /21 /2023 Page 15 CITY OF SANTA ANA RFP NO.. 23-124 WATER RESOURCES SCADA CONSULTING AND SUPPORT SERVICES h. Prepare and create redundant array of independent disks (RAID) configurations as recommended or necessary. Implement, manage, maintain and monitor virtual private network (VPN) and firewall with multi -factor authentication. Consultant must have experience implementing Cisco networking hardware for VPN, Firewalls and switches. The private network shall provide redundancy utilizing both a primary and a secondary gateway. The secondary gateway shall act as a hot standby to provide support when the primary gateway has experienced a failure and can no longer operate. Once the primary gateway becomes fully operational, data traffic will be redirected back to the primary gateway and the secondary gateway will revert to hot standby mode. Prepare monthly summary reports with backup status, event logs, patches applied, RAID status and other pertinent information. 1. Assess and maintain radio communication at the WRCN in the SCADA server room m. Assess and apply server software patches as applicable n. The Consultant shall be familiar with APC Symmetra LX batteries to monitor, maintain and manage the backup power supply. Reports shall be provided if any anomalies occur. Recommendations shall be made towards replacement when applicable. o. The Consultant shall have the ability to deploy, configure, manage and maintain Sharepoint servers as they relate to backflow records and Water Resource Division digital records. Consultant shall be familiar with creating of Sharepoint sites, item types, and overall Sharepoint management. p. The Consultant shall have the ability to deploy, configure, manage and maintain VMWare vSphere environments. The Consultant shall configure, monitor and optimize all VMware systems for performance and reliability. q. Consultant shall have experience with the National Association of Sewer Service Companies (NASSCO) sewer rating system and provide programming support for the Sewer Video Server. Consultant shall have experience troubleshooting InterComm USA (ICU) Ticket Management software and provide networking setup and system support for this software. Coordination with the City Vendor will be required. s. The Consultant shall be familiar with the Wonderware Historian and have the ability to manage, upgrade, plan and create reports. Consultant shall design server storage on the Historian as requested by the City. t. The Consultant must have experience making changes to DYNAC in a production environment, and recreating the DYNAC configuration in AVEVA System Platform. u. Upon request, the Consultant shall provide inventory of the existing SCADA system City of Santa Ana RFP 23-124 City Council Water Resources SCADA Consultftar 8Support Services 11/21/2023 Page 16 CITY OF SANTA ANA RFP NO.: 23-124 WATER RESOURCES SCADA CONSULTING AND SUPPORT SERVICES including instrumentation, equipment, and network and control devices as well as a list of computers, PLCs, and communication devices including location, brand name, model, CPU type, speed, memory, age of equipment, etc. At the City's request, the Consultant shall design, install and manage new servers (real or virtual) for the growing data management network. This shall include, but is not limited to, expansion of regular storage and expansion of long-term storage. 4. ONGOING SUPPORT AND MAINTENANCE SERVICES The Consultant shall provide ongoing support and maintenance including, but not limited to the following tasks: a. Proactive care and maintenance to provide stability, availability and reliability b. Twenty-four seven (24/7) server, network and workstation monitoring c. Remote management and support tools d. Antivirus management e. Security management f. Reporting infrastructure improvements for operations of new and existing facilities g. Development and maintainance systems documentation h. Hardware and software patch management (including exterior and interior maintenance on hardware) i. Onsite services and technical support on an as -needed basis (miscellaneous projects, trouble shooting, reports and software updates j. System upgrades on water operation infrastructure k. Coordination with City IT Staff as necessary 5. TRAINING SERVICES Upon request, the Consultant shall provide comprehensive training for the Water Resources' end users on the basic network requirements as well as training for DYNAC ES and Aveva System Platform SCADA software as it relates to the various sites' programmable logic controller (PLC) programming and also provide training services for implementing various instruments into the City's SCADA system as well as how to utilize the City's software TopView program. Instructional manuals and standard operating procedures shall be provided by the Consultant as additional training resources when necessary. E. PROJECT MANAGEMENT AND COORDINATION City of Santa Ana RFP 23-124 City Council Water Resources SCADA ConsultISanVg3upport Services 11/21/2023 Page 17 CITY OF SANTA ANA RFP NO.: 23-124 WATER RESOURCES SCADA CONSULTING AND SUPPORT SERVICES When a request for service is issued to the City, the Consultant shall issue an estimate to the City's designated Project Manager, The Consultant shall not proceed with any work without the approval of the City's designated Project Manager in the form of a Notice to Proceed. Consultants shall invoice the City on a monthly basis for all work performed during the period or provide a one-time invoice at the completion of work issued. Each invoice shall be accompanied by a summary of tasks performed, contract agreement number, results and progress on long- term tasks if any. F. VALUE ADDED RELATED SERVICES The Consultant may propose additional related services that the City has not specifically identified in this RFP to accomplish the stated goals of this RFP. Value added related services will be considered by the City and may or may not be incorporated in the agreement. All parts and materials must be supplied new and factory approved. G. MARKUP The following markup percentages shall be added to the Consultant's s costs and shall constitute the markup for all overhead and profits (to the sum of the costs and markups, one (1) percent shall be added as compensation for bonding): 1) Labor................................................................................................ 20 2) Materials...........................................................................................15 3) Equipment Rental ................................ ........... 15 4) Other Items and Expenditures.......................................................... 15 A. MINIMUM QUALIFICATIONS The Contractor shall meet the following minimum qualifications: 1. All work is to be performed in compliance with all applicable codes, ordinances, laws, standards, due care, and Occupational Safety and Health Administration (OSHA) safety requirements. 2. The Contractor shall have a minimum of five (5) years of experience in the services described in ATTACHMENT 1: SCOPE OF SERVICES. 3. The Contractor shall possess state and local permits, licenses and certificates required by law to commence, carry, and complete the work. 4. Provide all necessary equipment to competently perform and complete work as specified. H. SAFETY Proposer shall be solely and completely responsible for the condition of the project site, including safety of all persons and properties during the performance of the work. In addition, proper safety equipment must be worn at all times. These requirements shall apply continuously until the contract is terminated and shall not be limited to normal working hours. City of Santa Ana RFP 23-124 City Council Water Resources SCADA Consu1Jr,5_ar2Vupport Services 11/21/2023 Page 18 CITY OF SANTA ANA RFP NO.: 23-124 WATER RESOURCES SCADA CONSULTING AND SUPPORT SERVICES The Consultant shall assure that each employee or subcontractor under the contractor's supervision is trained in the work practices necessary to safely perform his or her job. I. INSURANCE REQUIREMENTS The successful bidders shall furnish the City with original copies of valid insurance policies herein required upon execution of the contract and shall maintain said policies in full force and effect at all times during the term of this contract. Said insurance policies shall comply with all requirements set forth in these specifications. Consultant(s) shall keep a current certificate of insurance at the City of Santa Ana at all times and shall immediately report any changes to the City. J. FEE SCHEDULE Contractor shall submit a fee schedule as described in Section III.B.3 of RFP. No separately stated freight or deliveries will be considered. Bidders shall include all costs in the unit price bid. Furthermore, the Contractor shall submit additional labor, material and rental equipment rates along with fee schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment, rentals, and materials. The bid items specified in the fee schedule are for reference purposes only. Labor increases shall be subject to mutually agreeable terms between the City and the Contractor. The City may request related services that will be paid at the vendor's standard labor and equipment rate submitted. Fee proposal shall be outlined as follows- ---End of SCOPE OF WORK Section --- City of Santa Ana RFP 23-124 City Council Water Resources SCADA Consult4Bar7,gl3upport Services 11/21/2023 Page 19 EXHIBIT B CONSULTANT'S PROPOSAL City Council 15 — 22 11/21/2023 XV Solutions P.O. Box 28373 3101 W. Sunflower Avenue Santa Ana, CA 92799 XV SOLUTIONS Water Resources SCADA Network Consulting and Support Services RFP Response, BID# 23-124 City Council 15 — 23 11/21/2023 August 20, 2023 Mr. James Burk, P.E. City of Santa Ana Public Works Agency City Corporation Yard, Bldg. A 220 S. Daisy Avenue ,Santa Ana, C.A 92703 9 XV SOLUTIONS COVER LETTER XV Solutions P.O. Box 28373 3101 W. Sunflower Avenue Santa Ana, CA 92799 Re: Request for Proposal for Water Resources SCADA Network Consulting and Support Services RFP # 23-124 Dear: -Mr. Burk, XV Solutions appreciates the opportunity to provide you with a response to address the Water Resources SCADA Network Consulting and Support Services RFP. XV Solutions is a consulting firm that specializes in SCADA, computer networking, computer systems support, cybersecurity, and custom application programming. XV Solutions has been providing IT services to the City of Santa Ana's Water Division f.ir the past 9 years, and we are confident in our ability to meet your specific needs through superior quality services in: SCADA (both Wondetware and DYN AC ES platforms), SCADA Networking, IT Support, Cybersecurity, and all your other SCADA related IT needs. Attached you will fuid our proposal, which includes our service offerings and meets all die requirements outlined in Exhibit A of RFP # 23-1.24, Servando LTarela, our company owner, is your point of contact and will be available to answer any questions or concerns you may have regarding this response. You may reach Servando anytime on his mobile phone, (714) 269-8190. Agreement Statement Servando Varela, agrees with all of the provisions contained in ATTACHMENT 4: STANDARD AGREEMENT as outlined in this RFP. Sincerely, 6awa4tc� Servando Varcla Owner, XV Solutions City Council 15 — 24 11/21/2023 Water Resources SCADA Network Consulting and Support Services I RFP # 23-124 Table of Contents Statement of Qualifications Firm and Personnel Experience About XV Solutions .............. Brief History .................... About Servando Varela........ Experience & Background .................. Relevant Project Experience ..................... Description of Services and Scope of Services Understanding of the City's Needs ............. ATTACHMENTS AND CERTIFICATIONS ........... 9.0— � XV SOLUTIONS Page 1 2 2 2 2 2 City Council 15 — 25 11 /21 /2023 Water Resources SCADA Network Consulting and Support Services I RFP # 23-124 Statement of Qualifications Firm and Personnel Experience About XV Solutions XV Solutions is an IT consulting company focused on providing best -in -class service to small and medium size organizations. We strive to provide our clients with customized IT solutions, to enable them to run their core work functions and relieve them from the burdens of managing IT. We have strong technical expertise that allows us to deliver innovation -driven solutions, no matter how complex the business problem may be. Our service offering is spread across: ➢ SCADA Design and Development, using Wonderware and DYNAC ES ➢ IT Networking and Cybersecurity ➢ IT Servers and Applications Support ➢ Storage and Backup ➢ Custom Application Design and Programming Brief History XV Solutions was founded in 2010 and has been providing services to the City of Santa Ana's Water Division group for nearly 9-years. Servando Varela is the owner, who personally handles all client engagements. About Servando Varela Servando has been working in the IT industry for 25 years. He started his career working for the City of Santa Ana's Water Division as an Engineering Intern, in 1997. While working for the Water Division, Servando's responsibilities included running daily backups, network support, and custom application programming using MS Visual Basic and MS SQL Server. Experience & Background In the year 2000, Servando went to work for FileNet Corporation as a Software Engineering Intern. He was hired as a permanent employee in early 2002, immediately after he completed his B.S. XV SQLUTIONS Page 2 City Council 15 — 26 11 /21 /2023 Water Resources SCADA Network Consulting and Support Services I RFP # 23-124 degree in Computer Science and Engineering from CSULB. While at FileNet, Servando was responsible for programming automated tests using various programming languages and his responsibilities included setting up test environments. Setting up the test environments deepened Servando's expertize with various operating systems (Windows, AIX/Unix and Linux), database servers (MSSQL, Oracle, and IBM D62), application servers (Microsoft Internet Information Services, WebLogic, and IBM WebSphere), and networking equipment (switches, routers, VPNs, and firewalls). In addition to the Computer Science and Engineering degree, Servando also holds an advanced degree in Business Administration (MBA) from Pepperdine University. He has formal training in project management, agile software development, Cybersecurity, Wonderware development and SCADA system management. Relevant Project Experience XV Solutions has been working for the City of Santa Ana's Water Division group, servicing an array of IT related issues. • September 2023: Implement Wonderware SCADA for the City of Santa Ana. This involved setting up the hardware and then implementing every Water Production site on the Wonderware SCADA platform, starting with Walnut Pumping Station. We created templates for pumps, valves, reservoirs, and all other devices that were used to standardize the implementation of the SCADA system. We have implemented every site that is running on Dynac ES and are planning to move off of DYNAC ES altogether later this year. Customer: City of Santa Ana, Water Resources Division. • February, 2019: Implement the Wonderware Historian plus Dream Report (reporting software) and design the daily, weekly and monthly Water Production reports. The work included working with Wonderware to ensure their product would meet the City of Santa Ana's need, size the hardware requirements, assist with the procurement requirements for the hardware and the software, install the new hardware and software, apply cybersecurity measures to the new operating systems, configure the software to talk to the field devices and collect data, and complete the implementation of all of the reports by collaborating on the design with City staff. Customer: City of Santa Ana, Water Resources Division. • November 2018: We have experience running DYNAC ES (SCADA) in a production environment. Also, maintaining the hardware and software, plus SCADA development, such as implementing new sites. We implemented Walnut Pump Station on DYNAC ES in November 2018. Walnut Pump Station was re -built and 4 new PI -Cs (M340s) were put in place to manage the system. The PI -Cs were programmed by a Consultant, with whom we - ffl- XV SOLUTIONS Page 3 City Council 15 — 27 11/21/2023 Water Resources SCADA Network Consulting and Support Services I RFP # 23-124 collaborated to ensure we configured DYNAC ES properly. The Consultant provided the taglist and XV Solutions implemented the taglist on the DYNAC ES SCADA system; then we did a series of testing to ensure everything was mapped properly. Walnut Pump Station has a total of 5 booster pumps and 3 well pumps, a backup generator, plus many other instruments that are monitored/controlled by DYNAC ES. The same implementation was carried forward and improved in the Wonderware project, described above, while DYNAC continues to run. Customer: City of Santa Ana, Water Resources Division. • August 2013: Replaced the APC UPS Symmetra battery for the City of Santa Ana, Water Resources Division. As part of this replacement, we also increased the number of batteries to allow extend the runtime on the APC UPS and added an external bypass switch to the system. XV Solutions has also been maintaining the SCADA servers for the City for the last 10 years, including the Red Hat servers and SCADA workstations. Customer: City of Santa Ana, Water Resources Division. XV SOLUTIONS Page 4 City Council 15 — 28 11 /21 /2023 Water Resources SCADA Network Consulting and Support Services I RFP # 23-124 Description of Services and Scope of Services Understanding of the City's Needs Each row represents XV Solutions' response to the RFP requirements outlined in the SCOPE OF WORK section. Req Description Support XV Solutions Response 3—a On -Call Y Unlimited 2417 remote and on -site technical support. Service calls Accessibility will be responded within 6 hours. In the event that hardware or software services need immediate repair, XV Solutions will arrive at the job site within 24 hours of approval from the City to commence work. We understand that the normal business hours are from 70m to 5pm, Monday through Friday and any time outside of the business hours may be considered after hours/weekends. System Y We can install, maintain, troubleshoot, diagnose, and repair both Diagnosis and DYANC ES and Wonderware SCADA systems in production. XV Repair Solutions is familiar with DYNAC ES, which is a SCADA software Services product that runs on the Red Hat Enterprise Linux (RHEL) operating system. XV Solutions has experience with IT support for the DYNAC ES servers to ensure they are running in dual mode and respond when the primary server fails and the secondary server takes control in a production environment. XV Solutions is also experienced with the Linux operating system in the areas of networking, security, backup and restore. XV Solutions also experience maintaining the AVEVA System Platform (also called Wonderware), which runs on a Windows distributed architecture and needs several servers to operate (Historian, Application Servers, Galaxy Repository, Dream Report) and operates uses MSSQL Server. Core Infrastructure and Network Assessments Network Y We are experienced in analyzing network efficiency utilizing network Performance & monitoring tools such as 'netstat' and Wireshark, to monitor Security incoming/outgoing network connections, routing tables, and network interfaces. We also have demonstrable experience with MDS radios, creating virtual networks and connecting sites with networking trunks. We are also familiar with Dell DRAC, which monitors the health of the servers to identity any failures and provide the administrator with information to isolate components with problems. _1 - XV SOLUTIONS / Page 5 City Council 15-29 11 /21 /2023 Water Resources SCADA Network Consulting and Support Services I RFP # 23-124 Req Description Support XV Solutions Response Firewa❑ Y Firewalls are used to isolate the internal networkrrom external Maintenance threats, by implementing packet filtering and application gateways. Cisco and Netgear periodically release firmware patches to update hardware/software fire wall components needed to maintain security definitions up-to-date. XV Solutions has experience in both implementing and maintaining firewalls. 3—c Server/Desktop Y XV Solutions understand the importance of protecting assets against Virus Protection malicious software attacks. It is critical to maintain anti -virus software up-to-date, given viruses are released into the web daily. We are experienced with Symantec and McAfee anti -virus tools to monitor and prevent virus and malware intrusion. 3—d Routine Backups Y We are experienced in configuring scheduled -automatic backups to prevent data -loss due to hardware failures, database corruption, and natural disasters. We've configured the Water Division's backup process, to send alerts to SysAdmins when a failure is detected and/or the backup process fails. XV Solutions takes an active approach to ensure the data is backed -up safely, by performing periodic restore jobs to validate the backup process is reliable and 3—e Remote Access Y Establishing secure remote access can be done via VPN or Citrix. VPN provides a secure & encrypted communication tunnel to allow the use of tools such as RDP or VNC. These tools allow secure -remote connectivity to servers/computers within the network. XV Solutions is experienced in creating VPN gateways, and training staff on methods to securely connect into internal networks. 3—f Private Network Y Remote connections are validated for access into the private secured Security network via two different methods: (1) the VPN profile for each user has unique feature codes that are only known to the City of Santa Ana devices. This prevents brute force attacks into the VPN from external threats. (2) The SCADA server configuration for DYNAC ES contains specific end -point devices and their IP addresses that are allowed access to the SCADA portal. XV Solutions is familiar with both access control validation methods for remote connections. XV SOLUTIONS Page 6 City Council 15-30 11 /21 /2023 Water Resources SCADA Network Consulting and Support Services I RFP # 23-124 Req Description Support XV Solutions Response 3—g Static/Dynamic Y XV Solutions has experience managing both Dynamic IP addresses, IP Address which are typically used for mobile devices and workstations, and Management static IP addresses, which are usually required for servers. Dynamic IP addresses are managed with a DHCP Server. Windows Server operating systems, such as Windows 2008, Windows 2019, and Windows 2022 come with a built-in DHCP Server service that can be turned on and configured to dynamically assign IP addresses to devices connected to the network. Some appliances, like the Netgear SRX5308 also come with a built-in DHCP server that can be used for this purpose. Critical servers, like SCADA servers, SMTP/Email servers, Microsoft SharePoint, and other application servers require a static IP address. Static IP addresses can be reserved in a DHCP server. 3—h RAID Y RAID (Redundant Array of Independent Disks) is a method of Configuration grouping multiple hard -drives, so that the OS views multiple drives Support as one logical drive. There are several advantages to RAID configurations, such as increased read/write performance and redundancy. XV Solutions has expertise in creating various types of RAID configurations, and has configured RAID-5 for the Water Resources Division. 3—i VPN Support Y Knowledge in configuring Netgear VPN Router and Cisco ASA/NGFW firewalls to allow external systems VPN access to internal network. 3—j Network Y Yes, we have experienced implementing redundant VPNs using Redundancy CISCO NGFW devices, with two identical devices that have a primary online device and a secondary standby device, so that we can maintain an HA (highly availability) for the firewall/vpn devices and reduce remote access outages. 3-k Reporting Y Yes, monthly reports can be easily prepared and delivered via email, posted on the SharePoint server, added to a file server, or any other method that is convenient or desired. 3-1 MDS Radio Y MDS Radios can receive and send transmission to SCADA PLCs. The Support SCADA servers need to be connected to the same Ethernet network where the MDS Radio is dropping network packets; so that the SCADA server can process the packets received and also send out changes to PLCs. XV Solutions is experienced with networking requirements for MDS Radios and verifying that they are working properly for SCADA operations. 3-m Server Software Y XV Solutions has experience in managing and applying patches via Maintenance several methods: (1) Command line updates for Linux distributions. (2) Manually deploying Windows Updates via the Desktop. (3) Remote software deployment using tools such as SSCM or Desktop Authority. -------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------- _ff* - XV SOLUTIONS /Page 7 City Council 15 — 31 11/21/2023 Water Resources SCADA Network Consulting and Support Services I RFP # 23-124 Req Description Support XV Solutions Response 3-n APC Symmetra Y The APC Symmetra is a modular, redundant, backup battery for enterprise servers. It has multiple controller cards, so that if one fails the other takes over and multiple battery modules that allows for redundancy and capacity expansion. We are familiar with monitoring the APC Symmetra type systems, configuring email alerts that report the status and health of the battery and its modules, capacity sizing, and dealing with Schnieder Electric, the APC Symmetra vendor. In 2013, XV Solutions managed the replacement and upgrade of the APC Symmetra for the City of Santa Ana, Water Production Server Room. The replacement and upgrade was executed on time and without any issues. 3-o SharePoint Y In 2014, XV Solutions developed an automated method to transfer Maintenance & hundreds of documents into the City of Santa Ana's SharePoint Support server repositories. We are experienced at building SharePoint tools for additional functionality, as well as architecting SharePoint document libraries to standardize the ways in which organizations store documents. We typically create custom item types and site in order to search, find and retrieve documents efficiently. 3-p VMware Y Yes, XV Solutions has experience deploying VMWare vSphere. The vSphere Support vSphere platform can be optimized for performance using various methods, including: setting up the RAID configuration and swap partitions for the VMWare servers, so that each server using its own LUN; ensuring that the CPU capacity is properly partitioned per VMWare server; allocating enough memory for each virtual server; and following other best practices and techniques for virtualization environments. XV Solutions has experience setting up complete vSphere environments. 3-q NASSCO Sewer Y XV Solutions is familiar with the NASSCO sewer rating system. CCTV Rating System sewer reports are usually accompanied by a small Microsoft Access Programming Database file that contains the NASSCO ratings for the pipe. XV Support Solutions has completed a project for the City of Santa Ana, Water Department where we programmatically extract the NASSCO ratings from the Access Database and aggregate them into a Microsoft SQL Server. The SQL Server database is then accessed via a custom-built application that allows Water Department employees to query CCTV reports by NASSCO rating and identify the sewer pipe segments that need the most attention. _931— 11 XV SOLUTIONS Page 8 City Council 15-32 11 /21 /2023 Water Resources SCADA Network Consulting and Support Services I RFP # 23-124 Req Description Support XV Solutions Response 3-r ICU Ticket Y The ICU Tickets system is a client side software application that Troubleshooting received USA DigAlert notifications. The ICU software is an aging 32- bit Microsoft Windows Application. It allows the printing of the tickets and storing of tickets for future use, reference, and for retention compliance. XV Solutions is familiar with this software. In March 2014, XV Solutions migrated the ICU Tickets software for the City of Santa Ana from an old Windows XP workstation to a new Windows 7 32-bit workstation 3-s Wonderware Y We have experience maintain the Wonderware Historian in Historian production. We have also installed the Historian and configured it to historize data coming from field devices/PLCs to keep the timeseries data available for reports and trend analysis. We can also maintain the software and hardware for the historian, including storage. XV Solutions originally implemented the Historian for the City of Santa Ana and has kept it running without issues since 2019. 3-t DYNAC and Y Yes, we have over 10 years of experience maintain DYNAC AVEVA System environments in production. We have exported the Dynac Platform configuration, which exports in XML, and re -implemented the objects in Aveva System Platform (also called Wonderware). DYNAC uses the concept of "digital devices" to aggregate and define how multiple bits will simulate field devices and those need to be properly re -interpreted and implemented in Wonderware so it behaves the same and we end up with the same SCADA functionality which is needed by the Water Department operators. 3-u SCADA system Y It's important to keep a current list of inventory of all SCADA system inventory and components for several reasons, including: maintenance, hardware management refresh planning and for cybersecurity purposes. We can help the City maintain such inventory and provided anytime upon request. 4 Ongoing Support and Maintenance Services 4—a Proactive Y We believe in continuous improvement and implementing industry Infrastructure standard methods of operation to make your network most effective Maintenance and efficient. XV Solutions performs routine hard -drive health tests, server performance monitoring, and server software maintenance to prevent failures from happening, and keep the infrastructure running smoothly. _1 - XV SOLUTIONS / Page 9 City Council 15-33 11 /21 /2023 Water Resources SCADA Network Consulting and Support Services I RFP # 23-124 Req Description Support XV Solutions Response 4—b 4—c 4—d 4-e 4f 4-g 4-h 4-i XV S—go— I OLUTIONS Page 10 City Council 15 — 34 11/21/2023 24/7 Server, Y Monitoring the overall health of servers, network, and workstations Network, and is done by utilizing health monitoring tools that enable Event Tracing Workstation and performance monitoring. XV Solutions has experience Monitoring configuring systems to send notification and alerts when systems fail -over or immediate actions are required to ensure system uptime. Remote Y Familiar with Dell DRAC, allowing remote console for managing Network remote servers and us of Dell KVM switches, to remotely connect to Management any computer connected to the switch. Anti -Virus Y In addition to services provided in 3—c (see above); XV Solutions has Management services routinely run system anti -virus scans. Security Y We'll provide cybersecurity services, including the implementation of Management firewalls, penetration testing, cybersecurity assessments, and implementation of STEM and SOAR platforms (STEM, Security Information and Event Management; SOAR, Security Orchestration, Automation and Response). Reporting on Y Will do reporting of infrastructure improvements for operations of infrastructure new and existing facilities, upon request by City staff improvement System Y Will create and maintain SCADA system documentation Documentation Hardware & Y XV Solutions is pro -active in updating/patching software &hardware Software Patch devices as described in 3—m. and Upgrade Support On -Site Y XV Solutions has on -site services: server/desktop installation and Support maintenance, hardware/software troubleshooting, routine backups, miscellaneous projects, ad -hoc reports and software upgrades. Water Resources SCADA Network Consulting and Support Services I RFP # 23-124 Req 4-i 4-k 5 Description System Upgrades Collaborate with City IT Support Training Services Support XV Solutions Response Y Will provide system upgrades on Water operations infrastructure Y We value building relationships with clients and working closely with IT staff to better serve you. XV Solutions is familiar with the responsibilities of the City of Santa Ana central IT department and how they relate to the Water Production SCADA network. XV Solutions has skillfully worked on collaborative projects with central IT, including the installation of the T1 line for SCADA notifications, and the upgrade of the ICU Tickets system. Ongoing Maintenance and Support Y XV Solutions will provide comprehensive training to the Water Resources staff on the DYNAC ES and AVEVA System Platform (Wonderware) and all of it's components, such as TopView, as it relates to the overall City's SCADA system for the Water Department. We'll also develop instructional manuals and standard operating procedures as additional training resources when necessary. -1 - XV SOLUTIONS / Page 11 City Council 15-35 11 /21 /2023 ATTACHMENTS AND CERTIFICATIONS City Council 15 — 36 11/21/2023 CITY OF SANTA ANA RFP NO.: 23-124 WATER RESOURCES SCADA CONSULTING AND SUPPORT SERVICES APPENDIX ATTACHMENT 2: FEE PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitations that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. Note: This contract is subject to prevailing wages. XV 5oly-�-� o n� 8e6 /J2.33 D� COMPLETE LEGAL NAME OF COMPANY TAXPAYER I.D. NO. 2 2 0 I ,K C-o\k�,,A � e Lz;,t Ke-- - + CA - BUSINESS ADDRESS STREET CITY/STATE ZIP CODE V6"L"-4 SIGNATURE OF AUTHORIZED AGENT NAME (PRINT) TITLE EMAIL ADDRESS PHONE NUMBER CSLB NUMBER DIR REGISTRATION NUMBER City of Santa Ana RFP 23-124 Water Resources SCADA Consulting and Support Services City Council 9e zu 15 — 37 11/21/2023 APPENDIX CITY OF SANTA ANA RFP NO.: 23-12.4 WATER RESOURCES SCADA CONSULTING AND SUPPORT SERVICES ATTACHMENT 3: PROPOSER'S REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional Rages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name:- Address:220 S. Gc.l Ohl Aw., cA 12T63 Contract Amount: .$ Y 73 Description of supplies, equipment; or services rovided: Contact Individual: ZUGC RC_1I'h r 0 Z. Phone Number: -] �Z .3 S,6 YV Email: Y O�V11 i t(�Z. Sw �K G►'1�r0 t' °I Year: 6:71/- A - Reference Customer Name: �h` f* -40^ Contact Individual: 61 Address: 920 S_ a4 Phone Number: — 6 ! -7 �i4� A -a CA%2703 Email: s ik4z —Y�[h� Contract Amount: S^ ea1� -tad jYear; Z.e�) Description of Reference Customer Name. - Address: Contract Amount: or services Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Email: Year: Reference City of Santa Ana RFP 23-124 Water Resources SCADA Consulting and Support Services City Council age 15 — 38 11/21/2023 CITY OF SANTA ANA RFP NO.: 23-124 WATER RESOURCES SCADA CONSULTING AND SUPPORT SERVICES Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Email: Year: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 23-124 Water Resources SCADA Consulting and Support Services City Council age 15 — 39 11/21/2023 CITY OF SANTA ANA RFP NO.: 23-124 WATER RESOURCES SCADA CONSULTING AND SUPPORT SERVICES 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 State of California County of Sub crib d and sworn to (or affirmed) before me on this day of S ,20 by .. proved to me on the basis of satisfactory vldence"to be the person(s) who appeared before me A notary public or other officer cornpleting this certificate verifies only the identity of the individual who signed the ftKdocument to which this certificate is attached, and not the _g7t- ) truthfulness, accuracy, or validity of that document. N otdry Public Signa Notary Public Seal LISA DETRICK Commission # 2428742 Nowry Public - cddomie ORANQIE County Mr COMM. ExO►es DEC 2, 2026 City of Santa Ana RFP 23-124 Water Resources SCADA Consulting and Support Services City Council age 5 — 40 11/21/2023 CITY OF SANTA ANA RFP NO.: 23-124 WATER RESOURCES SCADA CONSULTING AND SUPPORT SERVICES NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: 0 w eF/z Firm: Xv S-0161-80"'J,S Date: e/ 2-0 1,2-6-2-2 City of Santa Ana RFP 23-124 Water Resources SCADA Consulting and Support Services City Council age 5 - 41 11/21/2023 CITY OF SANTA ANA RFP NO.: 23-124 WATER RESOURCES SCADA CONSULTING AND SUPPORT SERVICES NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 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. City of Santa Ana RFP 23-124 Water Resources SCADA Consulting and Support Services City Council age 5 — 42 11/21/2023 CITY OF SANTA ANA RFP NO.: 23-124 WATER RESOURCES SCADA CONSULTING AND SUPPORT SERVICES 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: t G��� ��i✓�D c7 Fi) Title: W /Ve Firm: X V p N Date. k12 0 o,9- City of Santa Ana RFP 23-124 Water Resources SCADA Consulting and Support Services City Council age 15 — 43 11/21/2023 XV SOLUTIONS City Council 15 — 44 11/21/2023 EXHIBIT C CONSULTANT'S FEE PROPOSAL (including hourly rates if applicable) City Council 15 — 45 11/21/2023 XV SOLUTIONS August 20, 2023 XV Solutions P.O. Box 28373 3101 W. Sunflower Avenue Santa Ana, CA 92799 City of Santa Ana, Public Works Agency RFP Response: Water Resources SCADA Consulting and Support Services RFP # 23-124 Hourly Rate Fee Schedule, To Accompany ATTACHMENT 2: FEE PROPOSAL XV Solutions hourly rates and job classifications. Job Classification: Sr. IT Consulting Engineer Classification Description: Sr. IT Consulting Engineers have a considerable breadth and depth of experience in computer systems that include: computer programming, networking, storage, data backup, disaster recovery, knowledge of SCADA systems, VPN/Firewall configuration, Windows Server operating systems, Linux operating systems, Nficrosoft SQI. Server, and network security. Additionally, Sr. IT Consulting Engineers have a Bachelor's Degree in Computer Science from an accredited universir. Hourly Rate: $150/11our Job Classification: SCADA Consulting Engineer Classification Description: The SCADA Consulting Engineer has considerable experience and training on Aveva System Platform (formerly called Wonderware) with at least 2 years of working experience and formal training on all of the Aceva System Platform subsystems including the Historian, Application Server, Development Environment, Operations Integration Server, and Aveva Reports. Additionally, the SCADA Consulting Engineer's focus is to develop new SCADA W%fI screens according to the customer's speaficauon, interpret SCADA IO tagiists and implement new functionality in Wonderware accordingly. Hourly Rate: $150/Hour Monthly Maintenance We understand, based on the SCOPE OF SERVICES, described in this RFP, that the %Crater Resources SCADA nem-ork includes at least 12 physical production servers running Windows Server operating systems and 2 SCADA high availability Red Hat serer, which need to be maintained, backed up and patches on a regular basis. The City also has in production a VIN(Ware vSphere environment with 12 virtual machines that are used in production and also require backup and maintenance on a regular basis. Additionally, remote access VPN/Fircwalls and LIPS battery backups are in place and require maintenance. Monthly Maintenance Rate: $1,200 / Month Sincerely, Servando Varela Owner, Xk' Soluuons City Council 15 — 46 11/21/2023 Public Works Agency www.santa-ana.org/public-works Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Consultant Agreement for Design Services for a Park Master Plan and Community Center of Chepa's Park AGENDA TITLE Approve an Agreement with Little Diversified Architectural Consulting, Inc. for the Design Services for a Park Master Plan and Community Center at Chepa's Park (Project No. 24-7533) (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a consultant agreement with Little Diversified Architectural Consulting, Inc. to provide a park master plan and design for a new community center in the amount of $441,512, with a contingency of $58,488, for a total amount not to exceed $500,000, for a three-year term beginning November 21, 2023 and expiring November 20, 2026, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Chepa's Park is a neighborhood park located in the northeast area of the City of Santa Ana. The community center (Logan Center) and park were built in 1971 and are in a state of disrepair. The project will consider both the Logan Center and the park site as a whole and provide a park master plan and design for a new community center. The intent of this project is to reimagine and redesign Chepa's Park and Logan Center to better serve the local community. On September 23, 2023, the Public Works Agency (PWA) released Request for Proposals (RFP) No. 23-134 for Architectural Design Services for a Park Master Plan and Community Center at Chepa's Park. The main scope of work is to provide design services to prepare plans and specifications for a new community center and associated park improvements. The RFP was advertised on the City's online procurement management and publication system, PlanetBids, with proposals due on September 26, 2023. Five proposals were received and underwent a qualifications based evaluation that considered firm/team experience, understanding of need, relevant project City Council 16 — 1 11/21/2023 Architectural Consulting Agreement for Chepa's Park and Community Center November 23, 2023 Page 2 experience, and schedule. The following lists the top three firms and their respective ranking: Firm City Rank Little Diversified Architectural Consulting, Inc. Newport Beach, CA 1 MIG, Inc Berkeley, CA 2 PBK Rancho Cucamonga, CA 3 Based on the evaluation and resulting scores, Staff recommends awarding an agreement to Little Diversified Architectural Consulting, Inc. (Exhibit 1). The Park Services Division has recently worked with Little Diversified Architectural on another community center building and endorses the recommendation, as the experience has been very favorable. Little's team is experienced, creative, and very responsive. FISCAL IMPACT The following table summarizes the funds budgeted and available for expenditure to award the agreement. Funding is available in the FY 2023-24 budget. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers for subsequent fiscal years. Fiscal Accounting Unit Fund Accounting Unit, Year — Account No. Description Account No. Amount Description Community 13518783-66200 Development CDBG Programs, 2023-24 (24-7533) Block Buildings & Building $500,000 Grants/ESG Improvements TOTAL: $500,000 EXHIBIT(S) 1. Agreement with Little Diversified Architectural Consulting Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager City Council 16 — 2 11/21/2023 EXHIBIT 1 AGREEMENT TO PROVIDE ARCHITECTURAL DESIGN SERVICES FOR A PARK MASTER PLAN AND COMMUNITY CENTER AT CHEPA'S PARK THIS AGREEMENT is made and entered into on this 21 st day of November, 2023, by and between Little Diversified Architectural Consulting, 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 13, 2023, the City issued Request for Proposal ("RFP") No. 23-134, by which it sought a qualified consultant having special skill and knowledge in the field of architectural design and consulting services for a park master plan and the design of a new community center at Chepa's Park. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 23-134. 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 all those services which were described in the scope of work included within RFP No. 23-134, attached hereto and incorporated herein by this reference as Exhibit A, and as further described in Consultant's Proposal, attached hereto and incorporated herein by this reference as Exhibit B. 2. COMPENSATION 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 Consultant's Fee Proposal, attached hereto and incorporated herein by this reference as Exhibit C. The total amount to be expended under this Agreement shall not exceed $500,000.00 during the term of this Agreement, including any extension periods exercised under Section 3, below. This total sum is comprised of: (1) the base amount of $441,512.00; and (2) a contingency in the amount of $58,488.00 for additional and as -needed services, to be exercised at the City's sole discretion. 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 Page 1 of 9 City Council 16 — 3 11/21/2023 which may reasonably be expected by City. 3. TERM This Agreement shall commence on November 21, 2023 and terminate on November 20, 2026, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for two (2), one (1) year extensions subject to non -substantive changes in writing approved and executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 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. 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 Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 City Council 16 —4 11/21/2023 7. 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 (CGL). Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability. Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Not required if consultant provides written verification consultant does not require automobiles to perofrm scope of service.) Workers' Compensation. insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees.) d. Professional Liability. (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. e. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). ii. Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 Page 3 of 9 City Council 16 — 5 11/21/2023 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. iii. Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. iv. Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. V. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. vi. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. vii. Claims Made Policies. If any of the required policies provide coverage on a claims - made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. viii. Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Page 4 of 9 City Council 16 — 6 11/21/2023 ix. Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. X. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION 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. 9. 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. 10. 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. Page 5 of 9 City Council 16 — 7 11/21/2023 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. 11. 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. 12. 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. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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 Page 6 of 9 City Council 16 — 8 11/21/2023 on behalf of any party, which is not embodied herein. 15. 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. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES 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 Page 7 of 9 City Council 16 — 9 11/21/2023 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. 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: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: 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 Consultant: Jay Tittle, AIA, ALEP Little Diversified Architectural Consulting, Inc. 1300 Dove Street, Suite 100 Newport Beach, CA 92660 Office: 949-698-1400 Page 8 of 9 City Council 16 — 10 11/21/2023 Fax: 949-698-1433 A party may change its address by giving notice in writing to the other parry. 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: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney onathan T. Martine f Assistant City Attorney RECOMMENDED FOR APPROVAL: NabiI Saba Executive Director Public Works Agency CITY OF SANTA ANA Steven A. Mendoza Acting City Manager CONSULTANT: .lay Tittle, AIA, ALEP Principal-[n-Charge Page 9 of 9 City Council 16 —11 11/21/2023 EXHIBIT A SCOPE OF WORK City Council 16 — 12 11/21/2023 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ARCHITECTURAL DESIGN SERVICES FOR A PARK MASTER PLAN & COMMUNITY CENTER AT CHEPA'S PARK RFP NO.23-134 INTRODUCTIONBACKGROUND Chepa's Park is a 0.41 neighborhood park located at 1009 N Custer St, Santa Ana, 92701. The park is located on a local street and is surrounded by residential properties. The park site currently consists of a basketball court, playground, lawn area and benches. Logan Center is a 1500 sq. foot community center located at Chepa's Park. The park and center were built in 1971, are 50+ years old and are in a state of disrepair. The project will consider both the Logan Center and the park site as a whole, and provide a park master plan and design for new community center. The intent of this project is to reimagine and redesign Chepa's Park and Logan Center to better serve the local community. Refer to Exhibit 1 for project location. PROJECT SCOPE OF WORK Based on input from the local community, the project will include but is not limited to; o New community center o Park master plan o Playground area with rubberized play surface o Picnic area o Sports Court o Turf area o Site lighting o Waterwise landscaping with shade trees o Automated irrigation system o Site furnishings (benches, bike racks, trash receptacles, drinking fountain, picnic tables) City of Santa Ana RFP 23-134 City Council age 1 — 13 11/21/2023 CONSULTANT SERVICES Consultant shall be responsible for the preparation and submittal of the PS&E package through completion with the approval from City to release for construction. This shall include, but not limited to, survey, civil engineering, landscape, hardscape and irrigation design and electrical engineering. Any additional tasks deemed necessary by the Consultant shall be clearly identified in the proposal. A. PROJECT COORDINATION. The consultant shall be fully responsible for overall management and coordination of the project, which may include but is not limited to, project development team meetings, liaison with affected agencies, community outreach and utility companies. In addition, Consultant shall also prepare progress reports, schedule, secure permits for all field studies and any other required permits from other agencies. B. RECORDS RESEARCH. The consultant shall research all information pertinent to the project including, but not limited to, existing field condition, as -built plans and record drawings, right-of-way data and all future improvement plans adjacent to or affecting the project site. The selected consultant shall identify all existing and proposed facilities within the projects limits and note any potential conflicts. C. PRELIMINARY DESIGN. The consultant shall organize a kick-off meeting with City staff to discuss the conceptual design plan, project goals and objectives, potential elements and issues, project schedule, review of existing information, and conduction of a site investigation. City staff shall be provided with final rendered conceptual site plan of the proposed park, final 3-D rendered conceptual exhibits, and a final schedule prior to the consultant beginning work on the PS&E package. D. SURVEY. On -the -ground field topographical survey work is required for the Consultant (and/or the Consultant's Subconsultant) to identify existing horizontal and vertical features that are needed for the project. It is the Consultant's responsibility to provide only the survey necessary for the design of the project components identified within this RFP. Consultant shall identify in the proposal a detail list of features the survey would include. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation CONNECT Computer Aided design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. E. WATER QUALITY. The Consultant shall coordinate with the City for the Low Impact Development (LID) requirements of the project and prepare a Water Quality Management Plan (WQMP) if deemed required. Consultant shall provide BMPs with appropriate size based on treatment and peak flow rates, freight to job site and one year of maintenance to include units and cost in the engineer's cost estimate. The selection of Best Management Practices (BMPs) will always be subject to site specific City of Santa Ana RFP 23-134 City Council age t — 14 11/21/2023 conditions and the Consultant will be required to perform the research into the site specific conditions (e.g. prior contamination, depth to groundwater, soil conditions, interfering utilities, etc.) that could preclude infiltration. The Consultant shall also perform the required soils and/or infiltration testing per the Technical Guidance Documents, as necessary to design the infiltration system assuming it is the selected LID approach. Please find information and links to relevant documents and regulations at the following site: http://ocwatersheds.com/documents/wqmp. F. PUBLIC OUTREACH. The Consultant shall be available for a minimum of 2 public outreach meetings to present the project to the community. The Consultant will be responsible for organizing, promoting and facilitating these meetings and will provide all presentation material, graphics, rendering (up to 2) rendering and any other printed materials. The meeting will serve to discuss key project aspects, benefits to the community, and consequences of the project, gain input from local residents on design or aesthetic features of the project. The City will assist in providing available meeting spaces by coordinating with City facilities. G. UTILITY COORDINATION. The Consultant shall be responsible for all utility coordination efforts, including but not limited to; coordination with Edison for any electrical service connections, and water service connections for irrigation and water fountains. H. CIVIL ENGINEERING PLANS. The consultant shall be responsible for the preparation of any civil engineering plans required for this project including, but not limited to, the following; Horizontal and Vertical Control plan, On -site Grading and Drainage plan, Site Utility Plan, and plans to include concrete alley improvements and minor off -site repair work along new park right-of-way. I. LANDSCAPE AND IRRIGATION PLANS. The consultant shall be responsible for the preparation of any landscape architectural plans required for this project including, but not limited to, the following; Site Layout/Construction Plans and Details including all architectural feature components identified in the introduction portion of this RFP, Site Sections (as applicable), and Planting and Irrigation (plans, Details, Notes, Calculations). J. ELECTRICAL PLANS. The consultant shall be responsible for the preparation of any electrical plans required for this project including, but not limited to, the following; Electrical Site Plan to include walkway lighting, shade structure lighting, basketball court lighting, parking area lighting, irrigation, Location of panels, switchgear, meters, Schedules, Details, Photometric Analysis, and Notes. K. PLANS, SPECIFICATIONS AND ESTIMATES (PS&E) o Development of Plans, Specifications and Estimate (PS&E): a) All reports, plans, specifications and quantity calculations shall conform to criteria, City of Santa Ana RFP 23-134 City Council age 1 — 15 11/21/2023 policies, procedures and standards of the City. The Consultant shall use the boilerplate for cut sheets, specifications and estimates provided by the City. b) The plan development shall include four (4) milestone deliverables30%, 60%, 90% (pre -final) and 100% (final). All plan sheets shall be prepared at a reasonable standard scale to be noted on plans. The necessary plans for each PS&E package shall include, but are not be limited to: o Title Sheet o Civil Engineering o Erosion Control Plan o Horizontal and Vertical Control Plan o Parking lot and alley o Grading (including precise) and On -Site Drainage plan o Site Utility Plan (for drinking fountain) o Basketball Court o Canvas Shade Structure o Playground o Decomposed Granite/Decorative Concrete Walkways o Architectural and Structural Engineering o Site Plan showing Path of Travel (ADA) o Building Foundation, Floor & Framing Plans o Roof Framing Plan o Reflected Ceiling Plan o Interior & Exterior Elevations o Building Sections o Mechanical (HVAC) and Plumbing Plans/T-24 o Electrical Plans (building and site), including photometrics o Structural Engineering & Calculations o Architectural and Structural Details o Door/Window/Finish Schedules o Landscape and Irrigation o Site Layout/Construction Plans and Details o Site Sections, as applicable o Planting Plans/Details/Notes o Irrigation Plans/Details/Calculations/Notes o Monument Detail o Electrical o Electrical Site Plan to cover walkway, shade canopy, turf, monument signs, basketball court, and parking lot o Location of panels, switchgear, meters o Single Line Diagram o Schedules o Details o Photometrics o General Notes City of Santa Ana RFP 23-134 City Council age 1 — 16 11/21/2023 c) All calculations for the design and quantities shall be submitted as part of the PS&E submittal requirements. Quantities for all contract pay items shall be substantiated by calculations. Quantity calculations shall be neat and orderly and shall show all sketches, diagrams, and dimensions necessary to allow them to be independently used by field inspectors during construction. All quantity calculations shall be independently checked and substantiated with independent calculations. d) Electronic files for all CADD (in Microstation CONNECT), reports, and calculations shall be submitted at the end of contract or when requested by the City. e) All electronic software developed, databases generated, spreadsheets and intellectual properties developed during the life of the Agreement shall become the properties of the City. o Deliverable PS&E package: a) 30% PS&E The package shall include the final/approved concept layout and preliminary park improvement plan, which includes hardscape, landscaping and irrigation, lighting, cost estimate, and alley and parking lot improvements. b) 60%, 90%, and 100% 1) The Consultant shall submit the following documents for review and approval: Each milestone submittal shall include the electronic files of the following documents: Plans, Standard Special Provisions (SSP), preliminary quantities and estimates, pay item list, design calculations and all reports supporting the design (i.e. geotechnical report, hydraulic report). 2) The City reviews and comments on the PS&E package within four (4) weeks of receipt of the complete milestone PS&E package. 3) Constructability review meeting shall take place at 90% and shall include Consultant and City engineering staff. Prior to the City conducting the constructability review, the Consultant shall submit the QA/QC set of PS&E performed by the Consultant independently. 4) The City may request a set of QA/QC plans and estimates at any point during the design process to include methods for design and calculations. 5) The Consultant shall provide a final colored rendering of the project reflecting City of Santa Ana RFP 23-134 City Council age 1 — 17 11/21/2023 all items identified within the final construction documents. c) Final PS&E for Approval and Bidding The Consultant shall submit all electronic files (CADD, Word document, and Excel) and one set of PDF for the following documents for construction Bid purpose: Signed final design plans Signed final specifications Signed QA/QC Checklist Final cost estimate and final quantity calculations Final design calculations o Construction Bidding Phase: Bidding procedures will be the responsibility of the City. While the PS&E construction package is advertising for bids, all questions concerning the intent shall be referred to the City for resolution. In the event that any item requiring interpretation in the drawings or specifications is discovered during the bidding period, said items shall be analyzed by the Consultant for decision by the City. o Construction Support Phase: a) This task shall be included as optional in the fee proposal b) Consultant shall furnish, at the consultant's sole cost and expense, all necessary revised documents and drawings due to errors and omissions of the Consultant. c) Consultant shall review and approve all submittals and shop plan drawings required to support the construction contract. Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. d) Consultant shall be available as requested by the City to resolve discrepancies in the contract documents. Consultant shall bring to the attention of the City any defects or deficiencies in the work by the construction contractor which the Consultant may observe. Consultant shall have no authority to issue instruction on behalf of the City, or to deputize another to do so. e) The Consultant shall prepare and deliver to the City the final as -built plans incorporating field marked prints supplied by the City. Upon completion of construction, the City will submit field -marked prints to Consultant. Consultant shall incorporate all changes to the plans electronically with all necessary revision notations and submit to the City. GENERAL REOUIREMENTS City of Santa Ana RFP 23-134 City Council age 1 — 18 11/21/2023 1. The Consultant has total responsibility for the accuracy and completeness of the plans and related designs, specifications and estimates prepared and shall check all such materials accordingly. The plans will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the city do NOT include detailed review or checking of design or the accuracy with which such designs are depicted on the plans. The responsibility for accuracy and completeness of such items remains solely that of Consultant. 2. Consultant or its sub consultants shall not incorporate in the design any materials or equipment of single or sole source origin without written approval of the City. 3. The plans, specifications, estimates, calculations, and other documents furnished under the Agreement shall be of a quality acceptable to the City and State. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, dated, and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that of similar types produced by the City Boiler Plate. The Consultant shall modify its work as necessary to meet the level of acceptability defined by the criteria above. 4. Specification language must be incorporated in the contract document according to its technical section and shall not be placed on the plans. 5. The Consultant shall have a quality control plan in effect during the entire time work is being performed under the Agreement. The Quality control plan shall establish a process whereby plans are independently checked, corrected and back checked, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. Plan check shall also be provided by the City of Santa Ana's Engineering Division, Building and Safety Department, Planning Division and the Parks and Recreation Department. Reviews by the City respective Divisions shall be coordinated by the City. 6. Manuals/Standards Where applicable, engineering design of all PROJECT improvements shall be compatible and in accordance with the latest editions of following publications: a. City of Santa Ana Standard Plans b. California Building Code (CBC) c. Standard Special Provisions for Public Works Construction It will be the responsibility of the Consultant to verify that it has received the latest version or update of these documents. 7. Street improvement plans shall adhere to City of Santa Ana Standard Plans and the Standard Special Provisions for Public Works Construction. Plans shall be computer drafted in Microstation CONNECT format and shall adhere to the current City of Santa Ana Public Works Agency Interagency CAD standards. City of Santa Ana RFP 23-134 City Council age t — 19 11/21/2023 8. The Consultant's work will be subject to inspections by representatives of the City. 9. Project Progress a. Meetings - Progress Review Meetings shall be held as deemed appropriate by the City. b. Progress Reporting - Progress Reports shall be submitted at monthly intervals, indicating progress achieved during the reporting period in relation to the progress scheduled. c. Project Schedule - The Consultant shall prepare the project schedule in Microsoft Project format. The project schedule should break the tasks and subtasks. Any major change to the project schedule must be approved by the City. 10. The responsible -charge of the project shall be a licensed professional landscape architect or professional civil engineer and shall sign and stamp title sheet and contract document. Landscape architectural, Civil, and electrical plans shall be signed by California licensed professionals according to their discipline. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed. CITY RESPONSIBILITIES: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • City staff will be responsible for the General Plan Amendment from Low Density Residential (LR-7) to Open Space (0), an Amendment Application to change the zoning district from Multi -Family Residence (R3) to Open Space Land (0) and the lot merger process. • Furnish scope of work and provide general direction as needed for the assigned project. • All plan check coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities CONSULTANT RESPONSIBILITIES: City of Santa Ana RFP 23-134 City Council age 1 — 20 11/21/2023 • Provide all required insurance as outlined in Attachment 2 of this RFP. • Submit renewal of Certificate of Insurance 30 days before expiring. • Ensure Certificate of Insurance is current when submitting invoices. City of Santa Ana RFP 23-134 City Council age 1 — 21 11/21/2023 r IN =w 1 R i^ qyr Exhibit 1 Chepa's Park City of Santa Ana RFP 23-134 City Council age 1 — 22 11/21/2023 EXHIBIT B CONSULTANT'S PROPOSAL City Council 16 — 23 11/21/2023 PROPOSAL FOR CITY OF r7 S ANTA ANA PARK MASTER PLAN & COMMUNITY CENTER AT CHEPA'S PARK RFP NO. 23-134 ORIGINAL OCTOBER 3, 2023 - . �, Aft 1� 1 4 y x i - caq . -wow STATEMENT OF QUALIFICATION 11 /21 /2023 GENERAL ■ L I T T L E5j INFORMATION DIVERSIFIED ARCHITECTURAL CONSULTING Little Diversified Architectural October 3, 2023 Consulting, Inc. 1300 Dove Street, Suite 100 Dear Members of the Selection Committee for the City of Santa Ana: Newport Beach, CA 92660 (t) 949.698.1400 There are projects that come along that signal a shift in how a community www.littleonline.com imagines itself. These projects are moments in time that make a statement about CA License: Jay Tittle - #C- aspirations, values, goals under the umbrella of the collective — this project, and 12955 all that it embodies, of critical importance to the Logan Neighborhood of your city. CA Corp.: #C2161272 What excites us about this project is the opportunity to partner with the residents FEIN: #56-0884622 of Logan bringing to reality spaces that will unify the community and amplify its identity. PRIMARY POINT OF CONTACT/ Our team would love to help you take the next step in the evolution of your built AUTHORIZED PERSON and natural environment. Little has been designing immersive environments for decades for our California clients as well as our clients across the nation in the Civic, Higher Education, and K-12 communities. In addition to creating lasting outcomes for residents, families, students, and all stakeholders, a fortunate outcome of our almost six -decades of experience are the relationships we forge with our clients and those we partner with in completing these innovative projects. Some of those industry -leading, transdisciplinary consultants are gathered together here for your project. Jay Tittle, AIA, ALEP Principal -In -Charge The Little team - your team - is uniquely positioned to tackle every one of these (o) 949.698.1463 (m) challenges, rooted in a deep well of experience. We have the creativity, energy, 818.437.7314 and experience to turn each of them into a benchmark for success (think jay.tittle@littleonline.com Ocean's 11 for community projects!). In Little you have a local team that brings CA Registration #C-12955 regional expertise in community -driven park, sports, recreation, and wellness projects. We will be by your side through your project to design beautiful, resilient DIVERSITY MATTERS landscapes that thrive. HERE Our passion for community -driven work sparks our team to execute best - Innovative, passionate, in -class, design -led work every single day. At the conclusion of this project dynamic, trustworthy, creative, talented, and fun we promise to deliver a revitalized Logan neighborhood park that celebrates - these words describe the its history while leading it towards its future. The project can write the next people who make up Little. chapter for what Santa Ana is and what the City wants to be. We couldn't be We embrace a collaborative more excited to submit this proposal to partner with you and your team on this approach in the belief that opportunity and be your design -led, problem -solving partner every step of the we are stronger as a team way' than we can possibly be as individuals. We believe in the overlapping of ideas We eagerly invite you to review our qualifications enclosed within the following at all levels, inclusive of all pages, which provide comprehensive information on projects and processes fields of design. Together that align with and support your goals. We look forward to continuing the we probe deeply to discover conversation. hidden opportunities that exist within each project, and Sincerely, we capitalize on those to add unexpected value for our clients and the communities they serve. ?JayTi�ttle, IA, ALEP - Principal -In -Charge (#C-12955) City Council 1`I,U1+U'1J"0. F1+U0 I r. Jdy.ULLIU"TlI dIII IC.I;IJIII 11/21/2023 CITY OF SANTA ANA: CHEPA'S PARK MASTER PLAN AND COMMUNITY CENTER 1 1 bE Contract Agreement Statement Little has no concerns with the provisions contained in the Agreement. CITY OF SANTAANA: CHEPA'S PARK MASTER PLAN AND COMMUNITY CENTER C. Firm Team and Experience AT LITTLE, WE DELIVER RESULTS BEYOND ARCHITECTURE — RESULTS YOU WOULDN'T EXPECT FROM AN ARCHITECTURAL FIRM. We do this by partnering with your team to uncover all the opportunities available in the project and ask the hard questions that challenge the assumptions in the design brief. FIRM OVERVIEW Little was founded in 1964 by William (Bill) Little. During the past 59 years, Little has completed civic and cultural projects for hundreds of municipal clients. Today, Little is a highly diversified firm of over 400 professionals in six locations across the country (including Newport Beach, CA; Charlotte, NC; Durham, NC; Charleston, SC; Orlando, FL; and Washington, DC). The firm has complete in- house expertise and capability for holistic, integrated architecture and engineering — providing clients with the most efficient, sustainable, high- performance design. We are driven by our commitment to demonstrate that design has a powerful and measurable impact on improving human and organizational performance. In doing so, we are advancing the relevance and importance of design among people in the organizations and communities we serve. Little is dedicated to enhancing client performance by orchestrating the right mix of expertise, creativity, and innovation to design new dimensions of success. The firm specializes in a variety of market types, including Community (Civic, Higher Education, Schools), Healthcare, Retail, and Workplace. Our Camornia Community practice, led by Jay R Tittle, is composed of a team of professionals who have dedicated their careers exclusively to the design of California Community & Civic Projects. Our expertise covers all project types, large and small, includinc renovations and modernizations, new construction, ADA upgrades, interior upgrades, utility upgrades, and similar project scopes. More than a traditional architecture firm, Little offers clients a complete range of diversified architectural consulting services: Project Execution Construction Administration Quality Assurance Interior Design Programming Space Planning Occupancy Strategy Change Management Structural Engineering Mechanical Engineering Electrical Engineering Lighting Design g Sustainability & Wellness Certification Management and Execution Environmental Impact Analysis Building Performance Optimization Energy & Daylight Modeling Facility Assessments & Feasibility Studies Landscape Architecture Civil Engineering Land & Master Planning Urban Design Site Development/Entitlements Consulting Brand Strategy Experience Design Environmental & Print Graphics Wayfinding & Signage Renderings, Animation & Interactive Business Tools Capital Campaign, Pre -leasing Corporate Communications Videos Virtual & Augmented Reality Digital Signage & Content Development INTEGRATED FACILITY TECHNOLOGY Building Sensor/Mobile Engagement Implementation Computer Aided Facility Management City Council 16 — 28 11/21/2023 CITY OF SANTA ANA: CHEPA'S PARK MASTER PLAN AND COMMUNITY CENTER 1 3 FIRM SIZE This project will be performed from Little's Newport Beach office, with additional resources available from our Charlotte, NC office if needed. 07 Licensed Architects 16 Architect Techs/Interns 02 Interior Designers 1 ' 12 Project Managers C " Support / Other 60 Licensed Architects 71 Architect Techs/Interns I' 41 Interior Designers 46 Engineers 87 Sustainability Professionals CITY OF SANTA ANA: CHEPA'S PARK MASTER PLAN AND COMMUNITY CENTER ORGANIZATION CHART �s JAY TITTLE AIA, ALEP PRINCIPAL -IN -CHARGE / DESIGN PRINCIPAL *Primary Point of Contact 5% JASON FOGGIE PROJECT MANAGER 30% JIM CORDOVA SFLA TEAM LEADER 10% CORE TEAM FARNAZ MAHJOOB WELL AP SENIOR PROJECT MANAGER 45% ARACELI KRUL SENIOR DESIGNER 30% OTIS BLACKMON RA QA/QC REVIEWER 10% KRISTINA QUINTANILLA Assoc. AIA, ALEP EDUCATIONAL PLANNER 45% MARGARITA MARTINEZ PROJECT FACILITATOR 20% CI GUS GALINDO CONSTRUCTION ADMINISTRATOR 30% — ENGINEERING & CONSULTANTS TEAM Kimley )>»Horn KIMLEY-HORN CIVIL ENGINEER & LANDSCAPE ARCHITECT CUMMING Bu@ding V,1—Through fnp—i- CUMMING COST ESTIMATING JOHN A. MARTIN & Engineous ASSOCIATES Group Inc, JOHN A. MARTIN & ASSOCIATES ENGINEOUS GROUP, INC. STRUCTURAL ENGINEER MEP / FP ENGINEER & COMMISSIONING PBLA SURVEYING, INC. SPECSTUDIO LAND SURVEY SERVICES SPECIFICATIONS City Council 16 — 30 11 /21 /2023 CITY OF SANTAANA: CHEPA'S PARK MASTER PLAN AND COMMUNITY CENTER 1 5 Understanding of Need Based on review of RFP 23-134 and Project Walk conducted on 9/27 we understand that the city is looking for a team to reimagine and redesign Chepa Park's .41-acres located at 1009 N. Custer St. in the Logan neighborhood district of the City of Santa Ana. We understand there is a desire for this project to include, but is not limited to the following components: New community center • Playground area with rubberized play surface • Picnic Area • Sports Court • Turf Area • Site lighting • Waterwise landscaping with shade trees • Automated irrigation systems • Site furnishings Critical to this process will be our efforts to seek input from residents of the Logan neighborhood to better understand the history of the neighborhood along with present challenges and opportunities. Based on this scope of work we will utilize the following phased approach: PHASE I — CONCEPTUAL DESIGN TASK 1. PRE -DESIGN SITE INVESTIGATION AND RESEARCH A. Kick-off Meeting: Design team will meet with City staff for an in-depth review of the project's goals and objectives, review of existing documents and information. Following this session, we will prepare a written document summarizing project goals, objectives, communication plan and schedule. B. Site Investigations + Research: Our team will coordinate on -site investigative services, including: Obtain and review available reports, maps, data, infrastructure improvement plans, and any applicable previous studies that have been conducted in the vicinity of the project site. Perform utility coordination necessary to determine and identify locations of existing underground and overhead utilities within the project. area, as well as future utility requirements. Confer and coordinate with affected agencies and utility companies to identify design controls and considerations necessary for plan preparation and approvals. C. Summarize: Once initial reports have been received, we will issue a report to the City outlining any significant findings related to the site summarizing what we believe to be the initial impacts of these findings and our recommended course of action moving forward to either find solutions or get more answers. TASK 2. PROGRAMMING Working with City staff and Logan neighborhood residents we will hold 1-2 listening sessions to understand the desired amenities and program requirements for their park. Based on these sessions along with the information gathered in Task 1, we will begin to identify options for building location, footprint, layouts, adjacencies, and design options. Deliverable — Conceptual Design Package Once a preferred option is agreed upon our team will then prepare a conceptual site plan/building design package that includes, at minimum: • Design Narrative — Written brief describing the project design intent and overall concept. • Overall Site Plan — showing location of all existing, new, and new planned components. • Building Floor Plans — showing adjacencies and circulation. • Elevations — preparation of 2 — 5 building elevations • Renderings — perspective sketches, massing views as necessary to communicate design City Council 21/2023 CITY OF SANTA ANA1�CHEP3/ 'S PARK MASTER PLAN AND COMMUNITY CENTER 1 6 PHASE II — PREPARATION OF PLANS, SPECIFICAITONS AND ESTIMATE (PS&E) TASK 1. DEVELOP PLANS A. Develop 30%, 60%, 90% (pre -final) and 100% final construction drawings and submit for review by City staff. Plans for each package will include, but not be limited to the following: e I'll le Shm u Cml F. ginc ring fmsion C-onlml. Plan n Ilrwiaontalaod V meal Control Plan o Pecking lol and allcp 0 Grading ! useludmg prt •k4i and (?n•Sitc Drainage plan o Site Ll614, Plan If., drinking fa-umI n€ askcihall cottn a Canvas Shade Rmclurc a FI#ygmand a Dacamposed GraniteI].— ian Cmieretc Walkways o Architochttal grad StrxKiutal Fatginu�iatg p silo Plan 4mmiag Path of Tmel (AD,A1 o Building Foundation. Floor& h'reming P]¢ttx RooFFronliog Pbn o Rc'llmktl Ceiling Plan ka Irticiior& FRteiiuf I;Ic+ations a 6uildingS cliens o Vwhaniwll11IVA( llumMng Nuns _ZA o ElmQical Plans )building and site), including plurameirics 0 SA-1ura11 Engineering&€alrnlatioas p Arehkeeiural and $ttuotwal Dotal is o DaaulYirttluWFinish 5chcdules o Landscape and lrriga,ipn o Silo Laynu4-Consbuction Plans and Drlails o silt saxliorts, a gplwc bk o Plan, ing Plaae'Deiailn•'Kmt o InignImn phtrl:�'[k1a11 •C-tilculatiorrzNolrz: p Irtaaantcm Detail o Ekxarical p EktVical Site Plontaeme walkway,shakeaoapy. turf, monument signs, basketball marl, and pai :ing hit a Laoati" of puwl&. swiwhK rar, wum,r a Smgk Lint 0 grim n sclxilulca a Delails o nolnmt,5ncs o Genteel NA. Incorporate comments from the city into each progressive version of the construction drawings TASK 2. PLAN CHECK AND PERMITS Develop 100% construction drawings and submit for plan check review by the City's Building & Safety Division. Prepare and submit any technical reports and/or plans associated with review of grading and/ or building plans. Revise and resubmit plans for plan check review until plans are approved for permit issuance. Ensure that plans meet all ADA code requirements for permitting. TASK 3. TECHNICAL SPECIFICATIONS Prepare Technical Specifications and incorporate them into the bid documents and Special Provisions in preparation for City Council approval. Specifications shall be in book format rather than on the plan sheets. TASK 4. ENGINEER'S ESTIMATE TASK 5. CONSTRUCTION SCHEDULE Develop a preliminary construction schedule for planned improvements. PHASE III — BIDDING AND CONSTRUCTION SUPPORT TASK 1. REQUESTS FOR INFORMATION Provide responses to contractor Requests for Information (RFIs) during subsequent bidding and construction phases of development. If there is a design error or if clarification is needed, timely provide, and submit the necessary documentation for Building and Safety approval so as not to impede the construction schedule. Provide a weekly report of RFI response status. TASK 2. PRE -BID MEETING Attend pre -bid meeting(s). Attend pre -construction and routine construction meetings as needed. TASK 3. SUBMITTAL STATUS Provide submittal review and response during the construction phase. Provide a weekly report of submittal status. TASK 4. CHANGE ORDER REQUESTS Provide research and analysis related to contractor requests for change orders. TASK 5. FINAL REVIEW AND CLOSE OUT Develop a punch list and conduct final review and close out of project. Prepare an updated probable construction cost or Engineer's FEt4i AQW. City Council 16 — 32 11/21/2023 CITY OF SANTA ANA: CHEPA'S PARK MASTER PLAN AND COMMUNITY CENTER 1 7 COMMUNITY ENGAGEMENT GOAL SETTING AND COMMUNITY ENGAGEMENT Our design team will initially conduct visioning sessions with all project stakeholders, including users, City property management and maintenance staff as well as others as desired. This collaborative goal setting ensures a common understanding from the inception of the project and establishes the foundation for how we will measure success at project completion. Ultimately your definition of success is the only one that matters. Part of these visioning explorations also involve actively engaging your community. Given the public health concerns, this is a particularly challenging time to gather public input, however there are a number of ways to approach the challenge. It will be important to provide a variety of methods to get maximum participation and inclusivity, ideas such as: • Groupmap exercise. This is the quietest brainstorming session one could attend! This online platform allows participants to provide their ideas as well as provide feedback on other participants ideas in real time. It is a wonderful tool to get folks who ordinarily wouldn't speak up in a public setting to have their voice heard. • Outdoor public meetings. These could be small group meetings, socially distanced, at various times during the day so that they are flexible and accessible. Or use a football field to do a more physically interactive exercise with children in the community. • A community bulletin board. Post a bulletin board, supplied with sticky notes and pens, with question prompts for community members to post their comments in City Hall, the Memorial Park Center, or the Police Department. Photos could be taken daily to track the development. Online town hall meeting. These could be moderated discussions with "breakout rooms" to allow for smaller group discussions. ]Ctfe�opte9[u M1cl_5 :Wade sar:cr rwy�usaltm�haro thor smrty x,a rcu, Mole Hlrgta— .M MCme Umke i40IAyvolb kn,G thunpCl d-7 & 34ap[rt +c+r_rna�. huar_sxs t] Swwni� pew,h ar kax to doctla �ilh tlxir�i�ery is a3'YfE+' hih park � AEC E4 rN 61�ESTid • Cd} [HTk3 °4r kits afxarar�parsm a. €h?O No�dc .. �[I}i faPFtlS diCM[E51 rES-0uFi�±5ti0�ri �rpuRS •' Rxo-u rcos.. far w3rrarg±rorn Narrn 4., xscucci—iwirgl— 64 Q I City Council 16 — 33 11/21/2023 CITY OF SANTA ANA: CHEPA'S PARK MASTER PLAN AND COMMUNITY CENTER 1 8 OUR DESIGN PHILOSOPHY THROUGH DESIGN WE HAVE THE OPPORTUNITY AND RESPONSIBILITY TO MEASURABLY IMPROVE PEOPLE'S LIVES. "0iuNITIES �App E PERIF/Vogue "YPERFORIIVIANC v OUR WORK Our work is characterized by a combined focus on design excellence, innovation and exceptional service. Little's Community Practice is built upon decades of experience. Our team of workplace designers, planners, strategists and thought leaders truly understand how your space can positively impact every aspect of your business. OUR METHODOLOGY Our design process is characterized by intense collaboration between each design discipline, our client and users, from project inception through occupancy. As a multi -disciplinary firm, we leverage each of our design disciplines to maximize the potential of every project. We fuse our diverse knowledge with that of our client to create solutions that measurably improve the performance of the people and organizations we serve. OUR CULTURE Innovative, passionate, dynamic, trustworthy, creative, talented and fun - these words describe the people who make up Little. We embrace a collaborative approach in the belief that we are stronger as a team than we can possibly be as individuals. We believe in the overlapping of ideas at all levels, inclusive of all fields of design. Together we probe deeply to discover hidden opportunities that exist within each project, and we capitalize on those to add unexpected value for our clients and the communities they serve. City Council 16 — 34 11/21/2023 CITY OF SANTA ANA: CHEPA'S PARK MASTER PLAN AND COMMUNITY CENTER 1 9 REGENERATIVE DESIGN AT LITTLE, WE WORK EVERY DAY TOWARD A GOAL OF DESIGNING PROJECTS THAT NOT ONLY DO LESS HARM, BUT ULTIMATELY DO GOOD - REGENERATIVE PROJECTS THAT ACHIEVE A SUCCESSFUL BALANCE BETWEEN ENVIRONMENTAL, ECONOMIC AND HUMAN FACTORS. Each of our projects is highly focused on health of people and the environment. We employ a diverse set of skilled individuals who ensure that each of our projects meets specific criteria and has a specific emphasis on the following issues: We will design environments that elevate the health & wellness of the people who use them FNFARr.v We will use a smart, responsible design approach to reduce the energy demand of our projects PATHWAY TO A REGENERATIVE FUTURE $ oAlk-E,S FOCUS AREAS OFME (J,,', F � C I � W i v` ' O ` `'A S R �i WATE TrtE'S FOCUS AREAS OF MEP SYSTEMS THINKING 611.1TLU \� We will design for \� the preservation & conservation of water i i I I SOCIAL EQUITY i We will embrace i Universal Design and design for Social Equity through empathetic, inclusive and intentional planning City Council 16 — 35 11/21/2023 CITY OF SANTAANA: CHEPA'S PARK MASTER PLAN AND COMMUNITY CENTER I 10 e. Relevant Project Experience PROJECT/OWNER/LOCATION SCOPE COMPLETE Kinesiology, Athletics & Aquatics Center 13,000 SF (37,650 GSF of Conditioned Program; Rachelle Favis, Program Manager Orange Coast College 9,250 GSF Shade Canopy; 65M x 75' Competition 2020 714.559.1449 Costa Mesa, CA Pool; 25-Yard x 75' Instructional Pool); $32M rfavis1@cccd.edu Locker Room Renovation Locker Room Renovation/Access Compliance; Rachelle Favis, Program Manager Orange Coast College $2,723,428.00 2020 714.559.1449 Costa Mesa, CA rfavis1@cccd.edu Jennifer Baker, Project Manager Gender Neutral Restroom & Mother's Room Remodel 260 SF; Remodel/Renovation; ADAAccess; 2019 619.525.5263 San Diego Convention Center $125,000 Jennifer.baker@visitsandiego.com San Diego, CA Verdugo Gym 16,400 SF; 2-Story Gym addition to existing Silva Sorkazian, Design & Glendale Community College Verdugo Gym; Seismic Upgrades; Sustainable & 2019 Construction Mgr. 818.561.0456 Glendale, CA Wellness Design - LEED Certified; $31 M ssorkazian@glendale.edu San Elijo Campus Student Services & 11,320 SF New Bldg.; Consolidated all Student Tom Macias, Director of Facilities Administration Building MiraCosta Community College Services under One Roof; Admin. Offices; Meeting 2022 760.522.6838 Cardiff, CA Spaces; Bookstore; Healthcare Center; $31 M tmacias@miracosta.edu 18,000 SF; Renovation to Admin. Bldg. on main Tom Macias, Director of Facilities Oceanside Campus, B1000 Administration Building Renovation MiraCosta Community College campus housing entire college executive team; 2022 760.522.6838 Oceanside, CA $7M tmacias@miracosta.edu Sonora HS Gym New 2-story gym, 28,000 SF, w/weight training, Todd Butcher (retired), Former Fullerton JUHSD dance, lobby, support spaces, sitework; 2019 Director of Facilities 951.453.0163 Fullerton, CA $13,191,911 turfworldl@icloud.com Duarte High School Sports Complex Brad Patterson (retired), Former Duarte USD Sports Complex In Progress Chief Facilities Officer Duarte, CA 626.203.3039 bpatt5352@gmail.com Park Davis, Assistant Director, 1. Irvine Valley College, ADA Upgrades Phase I South Orange County Community 2. Saddleback College, PE Renovation 1. 2020 Facilities Capital Outlay Projects College District 3. District -Wide ADA Upgrades/District 2. 2020 (Acting) Mission Viejo, CA & Irvine, CA Warehouse Canopy 3. 2022 949.943.4610 4. Saddleback College, Parking Lots 10, 11, 12, 4. 2021 pdavis7@ivc.edu 13 Resurfacing Richard Laret, Executive Director Building C Site Barrier Removal ADA Compliance Upgrades; Reconstructing of Facilities & Construction Pasadena City College Drainage Lines; $450,000 2019 Services Pasadena, CA 626.585.7691 rlaret@pasadena.edu Wilson Family YMCA & Teen Center 3-Story Bldg; State -of -the -Art Wellness Venue for Tim Carr, Real Estate & Facility YMCA of the Triangle Teens & YMCA Members; Multi -Functional Gym; In Mgmt. Wilson, NC Exercise Equipment Area; Studios/ Natatorium; Progress 919.719.9622 Pool; Community Meeting Areas Tim.Carr@YMCATriangle.org City Council 16 — 36 11/21/2023 CITY OF SANTAANA: CHEPA'S PARK MASTER PLAN AND COMMUNITY CENTER 1 11 Updating a 50+ Year Old Center for the Santa Ana Community The current community center at Santa Anita Park is 50+ years old, dilapidated, and unable to meet programming needs. Little is assisting the city in constructing a new facility to house a Police Athletic & Activity League Center, police substation, and recreation offices/space. The project will involve conceptual design studies for a new community center and adjacent site work. Concept studies will explore the potential which would be offered by future expansion of the park. The concept design will also include community outreach. RELEVANCE California Project TO City Project CITY OF Park Project SANTAANA New Community Center • Activity Center • Pool • Community Outreach Location: Santa Ana, CA Completion: Ongoing Contact: City of Santa Ana Ms. Suzie Furjanic, AIA T. 714.589.5252 E. SFurjanic@santa-ana.org City Council 16 — 37 11 /21 /2023 CITY OF SANTAANA: CHEPA'S PARK MASTER PLAN AND I -NTER 12 Transforming An Industrial Site Into Green Space Little was the prime consultant for the master planning and design of Long Bridge Park, an urban, LEED Silver, 33-acre park located in Arlington County. We transformed the former industrial site that was squeezed between an interstate and a major rail corridor under two flight paths into an amazing community resource for both recreation and environmentally sensitive development. In doing so, Arlington has created a new gateway that shows that public use and nature can be returned to even the most unlikely urban locations. Long Bridge Park features: • The Esplanade: a half -mile -long raised shared path with Cherry trees, seating, and access for everyone to enjoy strolling, bike riding, watching sports, planes, trains, or birds. • The Overlook: over 35 feet high hill providing 360-degree views of the park, Roaches Run, and the surrounding Washington DC landmarks. • The Rain Garden: a three-quarter acre garden that slows and cleans stormwater runoff playing its part in protecting Roaches Run, the Potomac River, and the Chesapeake Bay. • The Trellis: shaded walk with spectator seating and features the 'Wave Arbor' artwork by Doug Hollis. • Security and Storage Facilities: facilities designed in a consistent style and look of the park for maintenance and support uses. • Community Facilities: community use restrooms and changing facilities. • 6th Street Playground: includes an interactive fog area that is unique among playgrounds in Arlington. RELEVANCE County Project TOM__:_- CITY OF SANTAAN Location: Arlington, VA Completion: 2015 Contact: Arlington County Mr. Erik Beach T. 703.228.3318 E. ebeach@arlingtonva.us City Council 16 — 38 11/21/2023 CITY OF SANTAANA: CHEPA'S PARK MASTER PLAN AND COMMUNITY CENTER 1 13 Highlighting Little's Dedication to Community Stadiums/Athletics Little designed a one -of -a -kind baseball stadium experience while working closely with Capital One (client), Gordon Associates (Civil Engineer and Athletic Field Consultant), and Whiting -Turner (General Contractor). The ballfield design includes sunken dugouts, pressbox, batting cages, bullpens, and entry plaza. Our team coordinated the bleacher and shade structure design to work seamlessly with the aesthetic of the complex. As the premier baseball field in Northern Virginia, this project serves collegiate baseball, elite travel baseball, and community events. The fan experience includes a welcome plaza with amenities including food trucks and photo opportunities. The aesthetic recalls the heritage of baseball parks throughout the years and provides an exciting experience for all ages. The current seating includes a 300-seat elevated grandstand with full-back seating and overhead sunshades. There is astounding visual access to the game with specialized netting that places structure behind the grandstands allowing for amazing sight lines. The player experience is unparalleled with an artificial turf field and natural clay mound with the sunken dugouts, expansive batting cages, and bullpens offer the best in -player preparation facilities and game support. Our team's experience with baseball stadiums and parks shines through brightly on this project, providing an amazing experience for years to come. RELEVANCE Athletic Field/Stadium TO Community Facility CITY OF CORONA Location: Arlington, VA Completion: 2023 Contact: Capital One Mr. Mark Barry E. barry.mark@capitalone.com City Council 16 — 39 11/21/2023 CITY OF SANTAANA: CHEPA'S PARK MASTER PLAN AND COMMUNITY CENTER 1 14 fm References CITY OF SANTA ANA Suzie Furjanic, AIA Associate Park & Landscape Planner T. 714.589.5252 1 E. SFurjanic@santa-ana.org • Santa Aninta Park Community Center and Pool Renovation DUARTE USD Brad Patterson (retired) Former Chief Facilities Officer T. 626.203.3039 1 E.bpatt5352@gmail.com • Duarte HS Sports Complex, Duarte, CA • Duarte HS Culinary Arts, Duarte, CA • District -wide Facility Master Plan OXNARD UHSD Poul Hanson District Bond Projects Manager T. 805.385.2683 1 E. Poul.hanson@oxnardunion.org • Oxnard UHSD, (6) HS Stadium Replacement Projects, Oxnard, CA • Oxnard UHSD, (2) Tennis Projects TEMPLE CITY USD Anthony Salazar Director of Facilities T. 626.548.5038 1 asalazar@tcusd.com • Temple City HS Stadium and Athletics, Temple City, CA • Cloverly ES Mod., Temple City, CA • La Rosa ES Mod., Temple City, CA City Council 16 — 40 11/21/2023 CITY OF SANTAANA: CHEPA'S PARK MASTER PLAN AND COMMUNITY CENTER 1 15 m ��/ y a ■ M' • r : 4 $ lY+• .. a J �'� tot' s T! AMR Wt t s • . R (' r " t ...fir (, .+� ►�".�h 1 f a ` r y r": in S '► 't • n( ✓Y �'`ii-}iri -v rrj �i. J ,t�• :.,-f� i+. -; .F i �.' �, ` � r 3 r � Scope of Services PART 1: CONCEPT PLANNING TASK 1: Preliminary Concept Planning Preliminary concept planning shall include Kick-off meeting with City Staff to discuss scope of work, project goals and objectives, potential elements and issues and schedule. Preliminary Concept planning will include up to three (3) meetings with City Staff (facilitated by consultant) to obtain input to finalize layout concept plan as part of Phase 2. Consultant shall assist in attaining community feedback, which may include up to two (2) community meetings. • Community outreach to obtain input from residents, including two (2) community meetings • Deliverables: • Up to three (3) bubble diagram layouts (pdf format) • Rough Order of Magnitude (ROM) cost estimates TASK 2: Final Concept Planning Final Concept Design will take input from staff and community meetings from Phase 1 and develop diagrams further to develop concept plans, including a final concept plan for review and approval. This phase will include up to three (3) meetings with City Staff (facilitated by consultant) to finalize concept plan and one (1) community meeting to present final concept. Consultant shall provide opinion of probable construction cost that reflects finalized concept plans. • Community Meeting: consultant shall attend one additional meeting to present final concept • Deliverables: • Up to three (3) rendered concept plans (pdf format) for continued discussion • Final Concept Plan (pdf format) • Finalized "Opinion of Probable Cost" (pdf fonnat). PART 2: CONTRACT DOCUMENTS TASK 1: Schematic Design Schematic design shall include up to three (3) meetings with City Staff to brainstorm and review potential layouts. Additionally, outreach shall be conducted in up to three (3) public meetings to provide the community an opportunity to review the concept designs and provide input. Please provide creative methods used to engage the community on needs and priorities while keeping the project on schedule. i.e. workshops, online polls. • Deliverables shall include up to three (3) schematic concept designs, with a minimum of six (6) perspective drawings/renderings for each the following: exterior from Civic Center Dr., main level book stacks, kid's area, teen space, Santa Ana History Room and east entrance from exterior for fundraising and use in presentations to potential library donors, would also be required. • Final Concept shall be approved by City Staff TASK 2: Design Development Design development will involve the schematic development of plans based on the approved conceptual design plan, which shall include but is not limited to survey, civil design, geotechnical investigation and report (for soils analysis), infiltration testing„ architectural design, landscape architectural design, structural design, interior design, furniture selection, electrical engineering, mechanical and plumbing engineering, draft technical specifications and "opinion of estimated cost'. • Deliverables shall include a 50% set of plans, including site section studies, draft specification, "Opinion of Probable Cost". TASK 3: Construction Documents (90% and 100% plans) Construction Documents (CDs) shall include finalizing approved deliverables from the Design Development phase. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bidding and construction by a general contractor. • Deliverables shall include 90% and 100% plans, structural calculations, CASP report, final technical specifications, finalized "Opinion of Probable Cost". 100% plans will go through a constructability review that could lead to City Council 16 — 42 11/21/2023 CITY OF SANTAANA: CHEPA'S PARK MASTER PLAN AND COMMUNITY CENTER 1 16 comments and recommendations that should also be addressed and completed as part of this deliverable. Plans: Plans shall include, but are not limited to the following: • Title Sheet Civil Engineering Site Erosion Plan Parking lot Horizontal and Vertical Control Plan Grading And On -Site Drainage Plan Site Utility Plan Landscape Architectural Site Layout/Construction Plans And Details (including plumbing) Site Sections, as applicable Planting Plans/Details/Notes Irrigation Plans/Details/Calculations/Notes • Architectural Demolition Plans Floor Plans Reflected Ceiling Plans Furniture Plans Exterior Elevations Interior Elevations Structural Engineering Structural Design and Detailing • Mechanical Engineering & Plumbing Electrical Engineering Electrical Site Plan to include walkway/parking lot lighting, irrigation. Photometrics. Location of panels, switchgear, meters Schedules Details Notes, specifications Plan Check & Permits: Construction drawings shall be in accordance with the 2019 California Building Code and will require review/approval by the City Planning and Building Agency. Additionally, this would be subject to review by the Historic Resources Commission. TASK 4: Bid Support Consultant shall provide support to the City during the Bidding phase by assisting with questions, requests for information/clarification, or conflicts arising out of the bidding process. Consultant shall also attend pre - proposal meeting. TASK 5: Bid Advertisement, Construction Administration, Record Drawings: • Bid Advertisement: Consultant shall provide support to the City during the Bidding phase by assisting with questions, requests for information/ clarification, or conflicts arising out of the bidding process. Consultant shall also attend pre -bid meeting, if scheduled. • Construction Administration: Consultant shall provide support to the City during the Construction Administration phase by assisting with questions, requests for information/ clarification, and/or reviewing submittals. • Record Drawings / As -built Plans: Upon construction completion, consultant shall incorporate as -built information, as provided by the General Contractor, into the drawing files to provide record drawings for City archives. City Council 16 — 43 11/21/2023 CITY OF SANTAANA: CHEPA'S PARK MASTER PLAN AND COMMUNITY CENTER 1 17 Schedule The start of all tasks is contingent upon our authorization to proceed. •CONCEPT TASK 1: Preliminary Concept Planning 4 weeks TASK 2: Final Concept Planning 6 weeks 2 weeks City Review and Approval -A-T 2: CONTACT DOCUMENTS TASK 1: Schematic Design 4 weeks City Review and Approval 2 weeks TASK 2: Design Development 4 weeks City Review and Approval 2 weeks TASK 3: Construction Documents 12 weeks TASK 4: Agency Approvals 8 weeks* TASK 5: Bid & Award 8 weeks TASK 6: Construction Administration 15 months *Target approval date is 3.31.2024 5., 4 City Council 16 — 44 -172-1/2023 CITY OF SANTAANA: CHEPA'S PARK MASTER PLAN AND COMMUN, 18 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Nqu7collusion Affidavit is part of the Proposal. Signing this Proposal on the signature po ereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautio th4vr irtg a false certification may subject the certifier to criminal prosecution. Signed State of Califo County of Subscribed and sworn to (or affirmed) before me on this 'day of , 2020by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before ine. Notary Public ignature Notary Public Seal THOMAS RAWREZ II Notary Pu60c - California Les Angeles County Commission # 2457128 ] ■ , Comm. Exoires Aug 1, 2027 r City of Santa Ana RFP 23-134 Page A3-1 City Council 16 — 46 11/21/2023 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 making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence 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 Little Diversified Architectural Consulting Signed and Printed Name:. Jay Tittle Title Principal -in -Charge Date 09/23/2023 City of Santa Ana RFP 23-134 City Council 1,17M 11/21/2023 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 of Santa Ana RFP 23-134 City Council - 4 11/21/2023 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. Signed: Title: F rincipakin-pharge Firm: Littkr t rsified Architectural Consulting Date: 09/23/2023 City of Santa Ana RFP 23-134 City Council - 4 11/21/2023 EXHIBIT C CONSULTANT'S FEE PROPOSAL (including hourly rates if applicable) City Council 16 — 50 11/21/2023 FEE PROPOSAL Based on our understanding of the scope of Work and Project Budget, our Fee Proposal is divided into four parts: Part 1A: Master Planning Tasks 1 and 2 Part 1 B: Master Planning Supplemental Services Part 2A: Contract Documents Part 2B: Contract Documents Supplemental Services Included in Part 2A is Construction Administration Services which can also be deleted. PART 1A: MASTER PLANNING TASKS 1 AND 2 Phased Fixed Fee of $29,780 based on: 1. Kimley-Horn for Landscape Architecture $10,000 2. Kimley-Horn for Civil Engineering $4,000 3. Cumming for Cost Estimating $5,280 4. Subtotal $19,280 5. Mark-up $0 6. Little for Architectural Planning $10,500 7. Total $29,780 PART 113: MASTER PLANNING SUPPLEMENTAL SERVICES: 1. Kimley-Horn for CEQA $25,300 2. Environmental Assessment + NEPA $35,000 3. PBLA for Topo & Utility Survey $15,000 4. Mark-up $7,530 5. Total $82,830 PART 2A: CONTRACT DOCUMENTS Phased Fixed Fee of $294,820 based on: 1. Kimley Horn for Landscape Architecture $34,000 2. Kimley-Horn for Civil Engineering $90,000 3. JAMA for Structural Engineering $20,000 4. Engineous Group, Inc. for MEP/FP $18,500 5. Cumming for Cost Estimating $20,280 6. AHS for Hardware $3,500 7. Spec Studio for Specifications $3,600 8. Subtotal $189,880 9. Mark-up $0 10. Little for Signage & Wayfinding $8,000 11. Little for Architecture $96,940 12. Total $294,820 PART 26: CONTRACT DOCUMENTS SUPPLEMENTAL SERVICES: 1. Construction Administration $34,082 Total Fee City Council ' 1 — 51 11/21/2023 Public Works Agency www.santa-ana.org/public-works Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Agreements for On -Call Geotechnical Engineering Services AGENDA TITLE Approve Agreements with Earth Mechanics, Inc., Geocon West, Inc., Kleinfelder, Inc., Leighton Consulting, Inc., and Ninyo & Moore Geotechnical and Environmental Sciences Consultants for On -Call Geotechnical Engineering Services dba Ninyo & Moore in an Aggregate Amount Not to Exceed $2,000,000, for Up to a Five -Year Term (General Fund and Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with Earth Mechanics, Inc., Geocon West, Inc., Kleinfelder, Inc., Leighton Consulting, Inc., and Ninyo & Moore Geotechnical and Environmental Sciences Consultants to provide on -call geotechnical engineering services for a shared aggregate amount not to exceed $2,000,000, for a three-year term beginning November 21, 2023 and expiring on November 20, 2026, with the provision for one two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On August 2, 2023, the Public Works Agency (PWA) released Request for Proposal (RFP) No. 23-123 to select five consultants to provide on -call geotechnical engineering services on an as -needed or on -call basis for the City of Santa Ana's PWA Construction Services division (Exhibit 1). These services are required to augment City staff efforts to complete delivery of capital improvement projects involving public works infrastructure and City facilities. The RFP was advertised on the City's online procurement management and publication system, PlanetBids, with electronic proposals due on August 28, 2023. Twenty-three responsive proposals were received and evaluated by a selection committee comprised of PWA staff and based on criteria outlined in the RFP, the top five consultants were selected. The following table summarizes the responding firms and their rankings: City Council 17 — 1 11/21/2023 Agreements for On -Call Geotechnical Engineering Services November 21, 2023 Page 2 Firm City Earth Mechanics, Inc. Fountain Valley, CA Geocon West, Inc. Irvine, CA Kleinfelder, Inc. Laguna Hills, CA Leighton Consulting, Inc. Irvine, CA Ninyo & Moore Geotechnical and Environmental Sciences Consultants Irvine, CA Based upon the scope of work and selection criteria outlined in RFP 23-123, Staff recommends awarding on -call agreements with the top five responding firms, allowing the firms to bid on future engineering task orders (Exhibits 2-6). The selected proposals demonstrate that these firms have the necessary capacity and expertise to complete the required services. The consultant's rates are reasonable and within industry standard, the teams' qualifications are appropriate, and the selected proposals were determined to provide the best value for the City. Kleinfelder, Inc., Leighton Consulting, Inc., and Ninyo & Moore Geotechnical and Environmental Sciences Consultants have consistently provided quality services to the Public Works Agency in various engineering capacities. Earth Mechanics, Inc. and Geocon West, Inc. submitted proposals illustrating their extensive industry experience and ability to assist City Staff with capital project delivery. FISCAL IMPACT There is no fiscal impact at this time. The Public Works Agency will follow the established on -call services process during the FY 2024-2027 contractual term for requesting necessary fiscal review and authorization. Prior to utilizing the on -call services for any of these future task orders, PWA staff must receive Finance and Management Services Agency approval of funding and project activities to be used to ensure funds are available under the authorization limit of $2,000,000. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued. Funds will be budgeted and available for expenditure for the remaining fiscal year, and carried forward for consideration in future fiscal years within the Agreement terms in the following, and various other, Public Works Contract Services -Professional Accounts: Division City Facilities License Agreement Account 01117605-62300 Traffic and Transportation Engineering 01117620-62300 Traffic Signal Maintenance 02917620-62300 Sanitary Sewer Enterprise 05417617-62300 Sanitary Sewer Enterprise 05517660-62300 Sanitary Sewer Enterprise 05617640-62300 Fed Clean Water Protection 05717640-62300 City Council 17 — 2 11/21/2023 Agreements for On -Call Geotechnical Engineering Services November 21, 2023 Page 3 Division Residential Street Improvement Account 05817660-62300 Water Enterprise 06017645-62300 Water Enterprise 06617647-62300 Construction Engineering 08617611-62300 Design Engineering 08617612-62300 Traffic Engineering 08617620-62300 Administrative Services 10117601-62300 Development Engineering 10117605-62300 CIP Project Funding Various Street Lights Maintenance 01117630-62300 Roadway Marking/Signs 01117625-62300 Graffiti Abatement Program 01117642-62300 Street Trees 01117643-62300 Sidewalks 01117626-62300 Environment/Sanitation 06817640-62300 Roadway Cleaning 06817641-62300 Median Landscaping 02917635-62300 Roadway Maintenance PWA Right of Way 02917660-62300 01117622-62300 EXHIBIT(S) 1. RFP #23-123: On -Call Geotechnical Engineering Services 2. Agreement with Earth Mechanics, Inc. 3. Agreement with Geocon West, Inc. 4. Agreement with Kleinfelder, Inc. 5. Agreement with Leighton Consulting, Inc. 6. Agreement with Ninyo & Moore Geotechnical and Environmental Sciences Consultants Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Steven Mendoza, Acting City Manager City Council 17 — 3 11/21/2023 EXHIBIT 1 REQUEST FOR PROPOSALS (RFP) FOR ON -CALL GEOTECHNICAL ENGINEERING SERVICES REP NO.: 23-123 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Gilbert Castillo Project Manager (714) 647-5647 Office GCastillo i6santa-ana.or Approved for Release: �,A� q 4A Nabil aba, P.E. Executive Director Public Works Agency KEY RFP DATES (Subject to change at discretion of City); Issue Date: Deadline for Requests for Information: Proposal Due Date: Projected Award Date: Wednesday, August 2, 2023 Monday, August 21, 2023 Monday, August 28, 2023, 2:00 p.m. Tuesday, November 7, 2023 City Council 17 — 4 11 /21 /2023 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for On -Call Geotechnical Engineering Services. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than August 28, 2023 at 2:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following "SEALED PROPOSAL FOR ON -CALL GEOTECHNICAL ENGINEERING SERVICES RFP NO.23-123 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Gilbert Castillo Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 For hard copy drop offs, visitors will be routed to deliver in the blue drop box on the ]"floor of Ross Annex across from the Public Works counter. Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic submittal by the deadline is suffice. All notifications, requests for information, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CoMpanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. City of Santa Ana RFP 23-123 City Council age 17 — 5 11/21/2023 TABLE OF CONTENTS I. INTRODUCTION / PROJECT DESCRIPTION 4 II. INSTRUCTIONS TO PROPOSERS 6 A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. PRE -PROPOSAL MEETING I. CITY RIGHT TO REJECT J. BID PROTESTS III. SUBMITTAL REQUIREMENTS 8 A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES AND SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 10 A. EVALUATION AND RATING B. SELECTION V. CONTRACT AWARD 10 A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VI. IMPLEMENTATION 10 A. KICK-OFF MEETING B. NOTICE TO PROCEED VII. PUBLIC RECORDS 11 VIII. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: AGREEMENT ATTACHMENT 3: CERTIFICATION City of Santa Ana RFP 23-123 City Council age 17 — 6 11/21/2023 I. INTRODUCTION / PROJECT DESCRIPTION Nature of Work: The City of Santa Ana is seeking geotechnical engineering services. A detailed Scope of Work is included in the Appendix of this RFP as Attachment I. Number of Proposals and Signature: Five (5) hard copies are required to accompany an electronic submittal of the complete proposal package on PlanetBids. One of the hard copies shall be marked as "ORIGINAL" and be signed by a company official with the power to bind the company, and submitted to the City of Santa Ana. Please be explicit in identifying the appropriate person with legal authority to bind the company. The Statement of Qualifications (SOQ) shall be limited to a maximum of (10) pages, which may be double -sided (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum I I" x 17". Proposal Evaluation and Rating: The criteria for evaluating the SOQ submitted will take the following items into consideration: • Firm/Team Experience 25% • Understanding of Need 35% • Relevant Project Experience 25% • Schedule 10% • References 5% The City has established a proposal review committee to evaluate proposers based on the response to this RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. City of Santa Ana RFP 23-123 City Council age 17 — 7 11/21/2023 Project Funding_ Funding sources for each project may vary and shall comply with the funding agency's requirements. Special conditions may apply. Refer to Attachment 1 (Scope of Work) in the Appendix of this RFP. Prevailing Wages: In accordance with the California State Labor Code, prevailing wage rates apply. Copies of the prevailing rate of per diem wages are on file with the Public Works Agency and shall be made available to any interested party on request. Term of Contract Agreement: The City desires to enter into a contract with the top scoring firm for an initial three (3) year term with a City option for one (1) two (2) year extension period. This term is outlined in the Standard Consultant Agreement, as contained in the Appendix of this RFP as Attachment 2. City of Santa Ana RFP 23-123 City Council age 17 — 8 11/21/2023 II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment of all charges resulting from the Agreement. Contact information such as email and phone number must be included into the proposal. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made only in writing to the Q&A section located in PlanetBids no fewer than five (5) calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City's project manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work. City of Santa Ana RFP 23-123 City Council age 17 — 9 11/21/2023 F. INSURANCE The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provide the Selected Proposer with a "New Vendor Checklist", which outlines insurance requirements. G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. H. PRE -PROPOSAL MEETING Should a pre -proposal meeting be scheduled, the date, time, and location is identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question -and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section D: Addenda." I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractor(s) shall be identified in response to this RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors. J. BID PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non- responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or her designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by the Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. City of Santa Ana RFP 23-123 City Council age 17 — 10 11/21/2023 III. SUBMITTAL REQUIREMENTS A. GENERAL 1. The number of Proposal Copies and signature is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 2. Deadline: Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals. B. PROPOSAL CONTENTS The proposal format and page limitation, if any, is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 1. STATEMENT OF OUALIFICATIONS a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. d. Understanding of Need: Proposal shall include an outline, which demonstrates the firm's understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or City of Santa Ana RFP 23-123 City Council age 17 —11 11/21/2023 exclusions used in preparation of the scope of work and associated fee estimate. Relevant Project t Experience: Proposal shall include a list of relevant projects, which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, project location, year completed, and client name and contact information. City of Santa Ana staff may conduct site visits at select projects. f. Willingness to Comply with Agreement Terms: A sample master service agreement is attached. Proposals will be rated based on the exceptions taken to the proposed contract. g. References: Proposals shall include a listing of relevant projects with references for three public entities with valid current emails for which Proposer has performed similar work within the past five (5) years. 2. SCOPE OF SERVICES AND SCHEDULE: Proposal shall include Scope of Services and Schedule which details the work phases to be completed, the task to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work detailed in Attachment 1 of this RFP. 3. FEE PROPOSAL: The fee proposal shall be submitted separate and concurrently with the technical proposal, both submitted electronically in PlanetBids and as a hard copy in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule as outlined in the Scope of Work. Cost, while not determinative, may be considered in the selection process. The selected firm will be expected to maintain the proposed billing rates throughout the first fiscal year of the contract, from November 19, 2023 through November 18, 2026. 4. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: Attachment 3-1: Non -Collusion Affidavit Attachment 3-2: Non -Lobbying Certification Attachment 3-3: Non -Discrimination Certification City of Santa Ana RFP 23-123 City Council age 17 — 12 11/21/2023 IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING The criteria for evaluating the proposals are specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. B. SELECTION The selection committee will be comprised of at least (3) City staff from multiple departments. The committee may interview the top ranking proposers. The City will recommend award of contracts to the proposers who will provide the best value to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions. V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee and acceptance from Funding agency following financial audit, the Project Manager will recommend award contracts to the three top-ranking proposers that will provide the best value to the City. B. EXECUTION OF AGREEMENT The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms, which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix. VI. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of contracts. Consultants and their team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation processes. B. NOTICE TO PROCEED Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. For "On -Call" contracts, individual City Project Managers will request project/task specific proposals from Consultants on an as -needed basis. City staff will then evaluate proposals and written NTPs will be issued accordingly per each task order. City of Santa Ana RFP 23-123 City Council age 7 — 13 11/21/2023 VII. PUBLIC RECORDS All data, documents and other products used, developed, or produced during response preparation of this RFP will become property of the City. All responses to this RFP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act. Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Santa Ana RFP 23-123 City Council age 7 — 14 11/21/2023 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL GEOTECHNICAL ENGINEERING SERVICES RFP NO.23-123 Introduction / Background The City of Santa Ana intends to retain Geotechnical Engineering Consultants on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide geotechnical engineering services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. In general, work consists of general geotechnical engineering services for Public Works Projects and or related to City facilities. The funding sources for each project may vary for each proj ect/task order assignment shall comply with the funding agency's requirements. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. Scope of Services On as needed basis, the selected firm/s shall provide the City with the following services as described herein. The consulting firm/s are responsible for any damage to utilities during the locating efforts. The consulting firms selected for these services shall demonstrate the ability and experience in the following types or work and not limited to: • Soil Classification and Analysis • Material Testing • Ground Water- Dewatering and Seepage Control Analysis • Seismic Stability • Soil Liquefaction City of Santa Ana RFP 23-123 City Council age 1 — 15 11/21/2023 • Slope Stability and Protection • Construction Inspection • Open and Braced Excavations (shallow) • Grading and Site Clearing • Pavement Design • Foundation Design • Retaining Structures- submerged and partially submerged • Fill Compaction • Special Inspections • Subsurface Geotechnical Investigation • Infiltration Testing The Consultant/s shall also provide services such as: field exploration, laboratory testing and instrumentation. If there are any exceptions to the core of requested services, proposers shall list said exceptions in their proposal (matrix form). For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. General Requirements and Project Deliverables The Consultant's services for the project preparation, special studies/investigations shall include and in be in conformance with the latest editions of the following: The City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and or federal, state and local guidelines established in the project. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the tasks. This plan shall include all milestones and task breakdown for each of the tasks and subtasks included therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed • Deliverables • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence City of Santa Ana RFP 23-123 City Council age 1 — 16 11/21/2023 In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The following services/items shall include, but are not be limited to: 1. Research existing records of utility companies and agencies and coordinate with the involved parties. 2. City may opt to receive only PDF versions of the plans, reports, and studies for reviewing purposes. If so, the Consultant team will provided plans and/or specifications accordingly. 3. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub -consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional -level quality of work product. 4. If included in the on -call project scope, attend meetings with the City staff as required. 5. If included in the on -call project scope, the Consultant shall coordinate permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 6. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications. All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. Proiect Schedule and Progress: Progress review meetings shall be held at intervals deemed appropriate by the City. The Consultant shall furnish two copies of all completed work or partially completed update/status since the last progress review meeting. Progress reports shall be submitted monthly in electronic format indicating achievements and project schedule progress. City of Santa Ana RFP 23-123 City Council age 1 — 17 11/21/2023 City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All reporting and coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities Fee Prouosal: In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of contract to the selected Team. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. City of Santa Ana RFP 23-123 City Council age 1 — 18 11/21/2023 Appendix ATTACHMENT 2 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL GEOTECHNICAL ENGINEERING SERVICES RFP NO.23-123 THIS AGREEMENT is made and entered into on this day of , 2023 by and between ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field o£ Geotechnical engineering services for a variety of projects on an "on -call" basis. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. City Council PageAY--r 19 11/21/2023 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended under this Agreement shall not exceed $xxxxxx during the term of this Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 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. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, City Council PageAY--z- 20 11/21/2023 modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. 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 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 $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, 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: City Council PageAY-a-21 11/21/2023 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. 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. 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. 8. 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 City Council Page AY--4� 22 11 /21 /2023 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. 9. 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. 10. 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. 11. 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; City Council PageAY--� 23 11/21/2023 or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. 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. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 15. 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. 16. 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 City Council PageAY--C 24 11/21/2023 notice of termination, subject to the following conditions: a As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES 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. 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. City Council Page AY-7- 25 11/21/2023 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 Consultant: First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. City Council Page AY-8- 26 11 /21 /2023 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: John Funk Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: (name) (title) City Council PageAY--g- 27 11/21/2023 EXHIBIT A SCOPE OF SERVICES City Council Page AJ?71$ 28 11/21/2023 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable City Council Page A1271t 29 11/21/2023 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City Council City of Santa AnaptF—P_�*-123 11/21/2023 Page A3-1 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 making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence 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 Signed and Printed Name: Title Date City Council City of Santa Ana'F-PW-123 11/21/2023 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 City of SantaAnaF-PM-123 11/21/2023 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. Signed: Title: Firm: Date: City Council City of Santa Ana -Pn-123 11 /21 /2023 Page A3-4 EXHIBIT 2 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND EARTH MECHANICS, INC. TO PROVIDE ON -CALL GEOTECHNICAL ENGINEERING SERVICES THIS AGREEMENT is made and entered into on this 21 st day of November, 2023 by and between Earth Mechanics, 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 August 2, 2023 the City issued Request for Proposal ("RFP") No. 23-123 by which it desired to retain a consultant having special skill and knowledge in the field of geotechnical engineering services on an on -call basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-123. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-123, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A" attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B." 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C." Consultant is one of five (5) separate consultants selected to provide services on an on -call basis under RFP 23-123. The total compensation for services provided by all consultants selected under RFP 23-123 shall not exceed the shared aggregate amount of $2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. 10 City Council 17 — 34 11/ 0 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not increase by more than 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws, if applicable. 3. TERM This Agreement shall commence on November 21, 2023 and end on November 20, 2026, with the option for the City to grant up to one (1), two (2) year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 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. 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 10 City Council 17 — 35 11/ 0 embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 O1 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form CA 0001 covering Code I (any auto), with limits no less than $1,000,000.00 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than$1,000,000.00 per accident for bodily injury or disease. (iv) Professional Liability Insurance with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader 10 City Council 17 — 36 11/ 0 coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: 10 City Council 17 — 37 11/ 0 • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION 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 10 City Council 17 — 38 11/ 0 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. 9. 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. 10. 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. 11. 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 City. 10 City Council 17 — 39 11/ 0 12. 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. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 15. 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 consultant and/or 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, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case 10 City Council 17 — 40 11/ 0 such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES 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. 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: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 10 City Council 17 — 41 11/ 0 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Alahesh Thurairajah Principal Earth Mechanics, Inc. 17800 Newhope Street, Suite B Fountain Valley, CA 92708 Tel: 714-751-3826 ext. 112 Email: A.Thurairajah @earthmech.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures contained on following page] 10 City Council 17 — 42 11/ 02 SIGNATURE PAGE TO CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND EARTH MECHANICS, INC. TO PROVIDE ON -CALL GEOTECHNICAL ENGINEERING SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: NATHAN T. MART EZ Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: By: Alaheswaran Thurairajah Title: President Page 10 of 10 City Council 17 — 43 11/21/2023 EXHIBIT A SCOPE OF SERVICES City Council 17 — 44 11/21/2023 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL GEOTECHNICAL ENGINEERING SERVICES RFP NO.23-123 Introduction / Background The City of Santa Ana intends to retain Geotechnical Engineering Consultants on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide geotechnical engineering services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. In general, work consists of general geotechnical engineering services for Public Works Projects and or related to City facilities. The funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. Scope of Services On as needed basis, the selected firm/s shall provide the City with the following services as described herein. The consulting firms are responsible for any damage to utilities during the locating efforts. The consulting firms selected for these services shall demonstrate the ability and experience in the following types or work and not limited to: • Soil Classification and Analysis • Material Testing • Ground Water- Dewatering and Seepage Control Analysis • Seismic Stability • Soil Liquefaction City of Santa Ana RFP 23-123 City Council age 1 — 45 11/21/2023 • Slope Stability and Protection • Construction Inspection • Open and Braced Excavations (shallow) • Grading and Site Clearing • Pavement Design • Foundation Design • Retaining Structures- submerged and partially submerged • Fill Compaction • Special Inspections • Subsurface Geotechnical Investigation • Infiltration Testing The Consultant/s shall also provide services such as: field exploration, laboratory testing and instrumentation. If there are any exceptions to the core of requested services, proposers shall list said exceptions in their proposal (matrix form). For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. General Requirements and Project Deliverables The Consultant's services for the project preparation, special studies/investigations shall include and in be in conformance with the latest editions of the following: The City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and or federal, state and local guidelines established in the project. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the tasks. This plan shall include all milestones and task breakdown for each of the tasks and subtasks included therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed • Deliverables • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence City of Santa Ana RFP 23-123 City Council age 1 — 46 11/21/2023 In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The following services/items shall include. but are not be limited to: 1. Research existing records of utility companies and agencies and coordinate with the involved parties. 2. City may opt to receive only PDF versions of the plans, reports, and studies for reviewing purposes. If so, the Consultant team will provided plans and/or specifications accordingly. 3. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub -consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional -level quality of work product. 4. If included in the on -call project scope, attend meetings with the City staff as required. 5. If included in the on -call project scope, the Consultant shall coordinate permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 6. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications. All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. Proiect Schedule and Progress: Progress review meetings shall be held at intervals deemed appropriate by the City. The Consultant shall furnish two copies of all completed work or partially completed update/status since the last progress review meeting. Progress reports shall be submitted monthly in electronic format indicating achievements and project schedule progress. City of Santa Ana RFP 23-123 City Council age 1 — 47 11/21/2023 City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All reporting and coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities Fee Probosal: In addition to Section IV.13.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of contract to the selected Team. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. City of Santa Ana RFP 23-123 City Council age 1 — 48 11/21/2023 EXHIBIT B CONSULTANT'S PROPOSAL City Council 17 — 49 11/21/2023 ProPOSdl 0 n - G - <«a.. - 1-5 South County Improvements Glassell Street Bridge —p—l% First Street Bridge Pacific Avenue Pavements Earlh Mechanics, Inc. Table of Conte,, 1. STATEMENT OF QUALIFICATIONS..........................................................................1 a. Cover Letter........................................................................................................................ 1 b. Contract Agreement Statement.......................................................................................... 3 c. Firm and Team Experience................................................................................................. 3 Earth Mechanics, Inc. (DBE/SBE)...................................................................................... 3 Experience Performing Similar Work.................................................................................. 4 Specialty Subcontractors.................................................................................................... 6 TeamManagement............................................................................................................ 6 TeamOrganization............................................................................................................. 7 AdditionalKey Personnel................................................................................................... 7 Availability.......................................................................................................................... 9 d. Understanding of Need....................................................................................................... 9 ProjectUnderstanding........................................................................................................ 9 ProjectApproach...............................................................................................................10 e. Relevant Project Experience.............................................................................................11 f. Willingness to Comply with Agreement Terms....................................................................15 g. References........................................................................................................................15 2. SCOPE OF SERVICES AND SCHEDULE...................................................................16 Scopeof Services.................................................................................................................16 Schedule...............................................................................................................................18 3. FEE PROPOSAL......................................................................................................19 4. CERTIFICATIONS..................................................................................................19 APPENDIX - RESUMES..............................................................................................19 Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 51 11/21/2023 Earth Mechanics, Inc. ..411 eniecnnical b Ea�iM1Guaee E,q....... 1. STATEMENT OF QUALIFICATIONS a. Cover Letter August 28, 2023 Mr. Gilbert Castillo City of Santa Ana Public Works Agency 20 Civic Center Plaza, 31 Floor Reception, Ross Annex Santa Ana, CA 92701 Subject: Proposal for On -Call Geotechnical Engineering Services (RFP No. 23-123) Dear Mr. Castillo: The City of Santa Ana is seeking a geotechnical engineering consultant to assist with improvements proposed for streets and bridges, traffic safety, mobility enhancements, drainage, and other facilities. We have thoroughly reviewed the Statement of Work provided in the RFQ, as well as the Capital Improvement Program and understand the services desired, the nature of on -call contracts, and the resources needed. EMI has successfully provided geotechnical engineering design and construction support services to City of Santa Ana and numerous other Cities and Counties throughout Southern California. We have provided services in the past on a variety of projects including bridges, retaining walls, roadways, pavement rehabilitation and reconstruction, low impact developments, utility improvements and park facilities which are ninety-five percent of EMI's business in the region. EMI can provide comprehensive geotechnical services to the City, from the feasibility stage to the construction stage, including accomplishing geotechnical field explorations and laboratory testing, infiltration testing, conducting geotechnical analyses, and developing design and construction recommendations for the City's future improvements. In addition, EMI has experience in landslide and slope stabilization, ground motion studies, evaluation of seismic hazards including seismically -induced landsliding, seismically -induced settlement, and liquefaction potential. EMI has accomplished many geotechnical investigations throughout the City of Santa Ana and Orange County, and, as a result, we are familiar with the geology and soils throughout the City. We believe EMI provides a well -qualified team that has earned a reputation for delivering cost- effective geotechnical solutions to public projects in the City. Proven Project Manager — The designated project manager, Mr. Raj Pirathiviraj, has worked on multiple projects in the City and surrounding areas and is familiar with the protocols and standards. Mr. Pirathiviraj is familiar with the geologic and soil conditions throughout the City of Santa Ana. With EMI, Mr. Pirathiviraj has successfully managed several projects at any given time and has managed large projects that included multiple tasks happening concurrently. This is best exemplified by his recent successful management of geotechnical services for 1-5 Widening Project between 1-405 and Yale Avenue, which included two bridges, 13 retaining walls and sound walls, three infiltration basins, 21 overhead sign structures and 10-miles of pavement, with multiple tasks being performed concurrently. The geotechnical work totaled over $1-million and was completed on time and within budget. Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 52 11/21/2023 Earkh Mechanics, Inc. • Ample Resources to Handle Multiple Tasks — All of the engineers and geologists shown on the organizational chart for this SOQ have extensive years of experience, which enables them to lead multiple and variable assignments of a geotechnical study. EMI also has excellent working relationships with a large pool of drilling contractors, reputable soil testing laboratories, underground utility locators and traffic control companies. Special Expertise — EMI is recognized to have special expertise in soil liquefaction and ground motion evaluation, soil -structure interaction, and rock mechanics. EMI has applied this expertise which has resulted in significant cost savings on projects. EMI was recently involved in a bridge replacement project in Orange County (Edinger Avenue crossing Bolsa Chica Channel) where seismic design is a critical issue because the bridge site is located within a potential fault rupture zone. EMI prepared a technical memorandum — summarizing our recommendations for bridge foundation design within the fault rupture zone — which was reviewed and approved by the County of Orange Geologist with minimal comments. EMI staff is familiar with the City of Santa Ana Municipal Code, and professional Standard established by the City such as engineering standards, plans and specifications, pavement management program, and computer -aided drafting standards. EMI staff is also familiar with grading requirements in the Standard Specifications for Public Works Construction (Greenbook), and seismic design requirements in the California Building Code. EMI is also familiar with design guidelines, criteria, and Plans and Specifications used by the California Department of Transportation. EMI is on the approved consultant list for on -call geotechnical services for the Orange County Public Works and cities of Irvine and Mission Viejo. EMI also currently provides on -call geotechnical services to the Ports of Los Angeles and Long Beach, and Counties of Santa Barbara and San Bernardino, Public Works department. EMI technical staff is familiar with the latest seismic hazard publications including: (a) the Department of Conservation's Special Publication (SP) 117A, Guidelines for Evaluating and Mitigating Seismic Hazards in California; (b) Southern California Earthquake Center's document "Recommended Procedures for Implementation of SP 117, Guidelines for Analyzing and Mitigating Liquefaction in California;" and lastly, (c) Recommended Procedures for Implementation of DMG SP 117, Guidelines for Analyzing and Mitigating Landslide Hazards in California. A few members of EMI's staff are co-authors of the "DMG SP 117, Guidelines for Analyzing and Mitigating Liquefaction in California" which is the widely recognized reference document for liquefaction evaluation. EMI will provide geotechnical services from our headquarters located in Fountain Valley in Orange County, which has a Caltrans-certified soils and rock laboratory. EMI is fully committed to providing the City of Santa Ana Public Works Agency with the highest quality service on time and within budget. We appreciate this opportunity to submit our SOQ and look forward to further discussions regarding our qualifications to serve the City of Santa Ana Public Works Agency. Sincerely, Earth Mechanics, Inc. Alahesh Thurairajah, PE, GE, D.GE Principal Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 53 11/21/2023 Earth Mechanics, Inc. b. Contract Agreement Statement EMI has reviewed the contract agreement and takes no exceptions. c. Firm and Team Experience Earth Mechanics, Inc. (EMI) has ample resources and expertise to produce deliverables for multiple task orders to support the City of Santa Ana's On -Call Geotechnical Engineering Services contract. EMI has prior public project experience, knowledge of geologic and subsurface conditions in Santa Ana, and experience in delivering on -call task orders. Earth Mechanics, Inc. (DBE/SBE) EMI, a California company, has provided exceptional geotechnical and earthquake engineering and geology consulting services to numerous California public agencies since its founding in 1989 and is firmly committed to maintaining that tradition. EMI specializes in conducting geotechnical and geologic site investigations and laboratory testing, performing seismic hazard and earthquake retrofit evaluations, performing pavement condition evaluations and pavement design, conducting percolation testing for low impact developments (LID), and developing grading and foundation design for infrastructure projects including roadways, bridges, active transportation, and drainage facilities. EMI is experienced in evaluating and remediating slopes and landslides, evaluating the seismic stability of slopes, evaluating seismic performance of foundations, and ground improvement methodologies. EMI has provided geotechnical services to the City of Santa Ana for over 20 years on projects including the Bristol Street Bridge over Santiago Creek, the Memory Lane Street and Bridge Widening, the First Street Bridge Replacement over the Santa Ana River, and the Fairview Street Bridge Replacement over the Santa Ana River. Thus, EMI has extensive knowledge of professional standard established by the City of Santa Ana such as engineering standards, plans and specifications, -_ - pavement management program, and computer -aided drafting standards, and has a comprehensive understanding of the geotechnical and geologic conditions in the City. Proposal (RFP No. 23-123) Earth Mechanics, Inc. Geotechnical & Earthquake Engineering Year Founded: 1989 Form of the Organization: Corporation (CA) Number of employees: 38 Office Locations: Headquarters Earth Mechanics, Inc. (DBE/SBE) 17800 Newhope Street, Suite B Fountain Valley, CA 92708 Contact: Raj S. Pirathiviraj, Project Manager (714) 751-3826 s.pirathiviraj@earthmech.com Services: ■ Field Exploration - Borehole Drilling, Soil ■ and Rock Sampling ■ Geologic Studies - Trenching, Down -Hole Logging, and Fault Investigations ■ ■ Laboratory Soil Testing - ASTM and Caltrans Test Methods ■ Engineering Analysis and Design — Foundation Design, Slope Stability, Liquefaction and Settlement Evaluation, Pavement Design, Lateral Pressures for Retaining Structures, and Finite Difference and Finite Element Analysis ■ Third -Party Geotechnical Reviews ■ Construction Support — Pile Driving Monitoring, Drilled Shaft Inspection, Grading Inspections, and Soil and Asphalt Concrete Compaction Testing ■ Special Studies - Pile Load Tests, Aerial ■ Deposited Lead, and Software Development City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 54 11/21/2023 Earth Mechanics, Inc. 411 ..anincnnical b Ea�iM1Guaee E'q........ EMI's technical staff is very familiar and up to date with Standards and Specifications published by City of Santa Ana, County of Orange, California Department of Transportation (Caltrans), Federal Highway Administration (FHWA), American Association of State Highway and Transportation Officials (AASHTO), Federal Transit Administration (FTA), American Railway Engineering and Maintenance -of -Way Association (AREMA), and ATC (Applied Technology Council), and several other local agencies, as well as design manuals and guidelines published by Caltrans. EMI was the prime geotechnical consultant on the ATC-32 project responsible for the review and modification of the foundation section of the widely used Caltrans Bridge Design Specifications. The majority of the geotechnical field investigations conducted by EMI have been performed on public property, requiring field exploration permits from various public agencies. EMI staff understands the protocols and requirements of the permitting process, including encroachment and drilling permits from City of Santa Ana; permits from state agencies such as Caltrans, State and Regional Water Quality Control Boards, and State Department of Fish and Game; and permits from federal agencies such as the US Army Corps and US Fish and Wildlife. With a staff of 38, EMI has offices located throughout California with the headquarters in Fountain Valley, which is the base for 27 of our staff. For this contract, work will be done from our Fountain Valley office, which has a Caltrans-certified soils and a rock laboratory. EMI is certified as a DBE through the California Unified Certification Program (#6956). Experience Performing Similar Work On -Call Contract Experience EMI has provided on -call geotechnical engineering services to several public agencies for a variety of projects. Recently, EMI was selected to be on Orange County Public Work (OCPW) approved consultant list for on -call geotechnical engineering services. EMI has also provided on -call geotechnical engineering services for cities of Irvine and Mission Viejo, Ports of Los Angeles and Long Beach and Counties of San Bernardino and Santa Barbara. Also, EMI provided on -call geotechnical report review services and field grading inspection service to the City of Orange for several years. EMI staff has reviewed hundreds of preliminary geotechnical investigation reports, and rough and precise grading reports for residential, commercial, and industrial developments in the flatland and hillsides of Orange County. We are also currently under contract with the Port of Los Angeles to provide on -call geotechnical services for their port -wide transportation projects as part of their transportation planning and enhancement program. Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 55 11/21/2023 Earlh Mechanics, Inc. Roadways and Pavements EMI has provided geotechnical services for multiple roadway improvement projects for cities and counties. These projects generally involved rehabilitation, reconstruction and/or widening of the existing roadways and construction of new roadways. EMI's scope of work generally involves pavement condition survey, coring existing asphalt or concrete pavement to assess the conditions of the pavement structural sections, collecting soil samples to assess the subsurface conditions, assessing expansion potential of subsurface soils and providing mitigation measures, providing rehabilitation options, recommending pavement structural sections for full depth replacement or new construction and preparing geotechnical report to present our findings and recommendations. Interchanges, Bridges, and Freeway Widening EMI has provided geotechnical services for dozens of interchange and freeway improvement projects, which generally involved interchange reconfigurations, mainline and ramp widening, and local roadway widening. Improvements included new bridges or bridge widening, earth retaining structures, drainage structures, fill embankments, cut slopes, flexible and rigid pavement sections, sound walls, infiltration basins, and overhead sign structures. On numerous projects, we have been involved from the project planning phase through final design and construction support. We have conducted literature searches, reviewed published geologic maps and other geotechnical documents, and conducted site reconnaissance and geologic mapping to support the preliminary phase of design. We secured required encroachment permits; conducted field investigations and laboratory testing; performed geotechnical analyses and design; and prepared geotechnical and foundation reports for final design. Earth Retaining Systems EMI has provided foundation investigation and geotechnical design services for numerous retaining structures throughout California. We have experience with conventional cast -in - place walls, sub -horizontal ground anchor walls, walls with vertical anchors, soil nail walls, Mechanically Stabilized Earth (MSE) Walls, secant pile and tangent pile walls, and permanently strutted walls. We have also conducted evaluations and provided recommendations for temporary shoring walls (soldier beam and lagging, sheet pile) up to 60 feet tall. During the course of engineering the walls, EMI evaluated the use of shallow and deep foundations, provided lateral pressure recommendations, assessed the potential for geologic loading against walls due to adverse bedding, estimated bond strength for vertical and sub -horizontal ground anchors and soil nails, provided un-bonded and bonded length recommendations for ground anchors, and evaluated the global stability of retaining walls. Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 56 11/21/2023 Earkh Mechanics, Inc. Specialty Subcontractors We have listed other firms that could be utilized should their specialty be needed on a particular task order. Having worked together on previous projects, we understand each firm's strengths and would be able to maximize their capabilities, availability of equipment, and schedule constraints. Sub -Contracted Services Drilling Specialty Subcontractors 2R Drilling, SoCal Drilling, Gregg Drilling Cone Penetration Testing Kehoe Testing and Engineering Traffic Control Hi -Way Safety Geophysical Survey GeoVision Soil and Water Chemical Testing Test America Hazardous Materials Investigation Black Rock Geosciences Transport, Storage & Disposal of Soil Cuttings American Integrated Services Team Management The designated Project Manager (PM), Mr. Raj S. Pirathiviraj, PE, GE, will have the ultimate responsibility of successfully completing services for the City on schedule and within budget. Raj S. Pirathiviraj, PE, GE I Project Manager Experience: 19 Years (9 Years with EMI) Registration: Geotechnical Engineer, CA #2963; Civil Engineer, CA #71662 " q Education: MS, Civil Engineering; BS, Civil Engineering Raj S. Pirathiviraj has 19 years of varied experience conducting and managing geotechnical studies for highway and railroad bridges, roadways and pavements, airports, flood control facilities, retaining structures, buildings, and low impact development BMPs. His experience has included project management, construction monitoring, dam inspection, pavement condition evaluation, levee repair, and various geotechnical engineering services. Raj's areas of expertise include design of deep and shallow foundations for bridges, walls, sign structures, airport traffic control towers and light rail system, stability and repair of levees, pile drivability analysis, probabilistic and deterministic seismic hazard evaluation, liquefaction and seismic settlement analysis, static and pseudo -static slope stability analyses and evaluating pavement conditions, rehabilitations, and replacements. He has provided construction support including plan reviews, observation and inspection of driven piles, excavations, and engineering fill placements. Current functional responsibilities include: managing multiple projects and tasks; coordinating with various clients and agencies; preparing scopes of work and budgets for geotechnical services; planning and coordinating field investigations, infiltration testing, pavement evaluations and laboratory testing programs; conducting and reviewing geotechnical analyses and providing design parameters and recommendations; responding to RFIs during construction; and preparing various reports and memorandums. As Project Manager, he will be responsible for assigning resources for each task order, tracking schedule and monitoring project spending, working with task managers to identify and resolve issues, and advising the City of the project status. His project experience includes: ■ Santa Ana Zoo Parking Lot, Santa Ana, CA ■ Valencia Drive and Basque Avenue Reconstruction, Fullerton, CA ■ Pacific Avenue Pedestrian and Bicycle Improvement Project, Jurupa Valley, CA Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 57 11/21/2023 Earth Mechanics, Inc. Raj will be the single point of contact for all communication between the City and EMI. All decision -making authority on this contract will reside with Raj, thereby reducing unnecessary delays due to "red tape" of organizational hierarchy. At the request of the City, Raj will attend in - person office and field meetings, and virtual conferences to coordinate services and resolve issues. Team Organization Raj has hand-picked a team of qualified engineers, geologists, and technicians to deliver a variety of task orders. The organization chart below represents the team's organization, lines of communication, and reporting relationships. S. Pirathiuiraj, PE, GE M. Floshiyama, PG, CEG A. Korkos, PE, GE W. Drumrr onci, PG, CEG M. Kapuskar, PE, GE P. Ragavan, PE Drilling Traff i c Co ntro I Utility Locating Permitting A. Thurairajah, PE, GE J. Fang C. Pongsakornpatara Pavement Lite Cycle Cost Backhoe Waste Disposal Specialty Materials Testing K. Kaekul T. Feistel, PG LEGEND Bold = Key Staff Additional Key Personnel EMI derives its strength from a group of experienced engineers and geologists. Each member has a different specialty, ranging from conventional site investigation to complex experimental and analytical modeling. Brief descriptions of our key personnel's experience are presented below. Resumes for all team members listed on the organization chart are in the Appendix. Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 58 11/21/2023 Earth Mechanics, Inc. Alahesh Thurairajah, PE, GE, DGE Principal & QA/QC Manager Years of Experience 14 years (12 years with EMI) Registrations Geotechnical Engineer, California, GE 3123, 2018 Civil Engineer, California, PE 81439, 2013 Education MS, Civil Engineering, University of California, Los Angeles, 2011 BS Magna Cum Laude, Civil Engineering, California State Polytechnic University, Pomona, 2010 Andrew Korkos, PE, GE Geotechnical Design Task Manager Years of Experience 36 years (26 years with EMI) Registrations Geotechnical Engineer, California, GE 2357, 1997 Civil Engineer, California, PE 44544, 1987 Education MS, Civil Engineering, California State University, Long Beach, 1989 BS, Civil Engineering, California State University, Long Beach, 1985 Michael Hoshiyama, PG, CEG Field Investigation & Geology Task Manager Years of Experience 16 years (12 years with EMI) Registrations Certified Engineering Geologist, California, CEG 2599, 2013 Registered Geologist, California, PG 8864, 2011 Education BS, Earth Sciences, University of California, Santa Barbara, 2006 Jianmin Fang Field Investigation, Laboratory Testing & Construction Inspection Task Manager Years of Experience 32 years (15 years with EMI) Certification Caltrans Certified Soil Tester Education BS, Engineering Mechanics, HeHai University, China, 1990 Proposal (RFP No. 23-123) Relevant Experience ✓ Orange County experience ✓ Served as QC reviewer for many EMI projects ✓ Recognized expert in soil liquefaction and foundation design Relevant Experience ✓ Orange County experience ✓ Flood Control, Pavement, and Grading expertise ✓ Familiarity with City protocols and design guidelines and criteria Relevant Experience ✓ Extensive experience in securing encroachment permits ✓ Familiar with Orange County geology ✓ Experienced in geologic mapping, subsurface geotechnical investigation and logging exploratory borings Relevant Experience ✓ Orange County experience ✓ HBP bridge experience ✓ Familiar with requirements in the Caltrans Soil and Logging Manual City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 59 11/21/2023 Earkh Mechanics, Inc. Availability EMI routinely serves municipal clients and Caltrans through on -call geotechnical contracts and is fully aware of the need to provide services with short notice (sometimes within 24 hours) and complete the assignment under a demanding schedule (one day turnaround). EMI has ample resources to cover the anticipated workload including concurrent task orders, peak demands, and expedited schedules. Table 1. Team/Staff Role, Availability and Qualifications demonstrates that EMI has sufficient availability and relevant expertise to meet the needs of the City. Table 1. Team/Staff Role, Availability and Qualifications 0 0 o n o_ — E o n Name Project Assignment Availability Years of Experience r .o E i2 c — v, — a .- — — m m 3 a c N W N C Yo d - o W - 0 z- - o d U .� o c7 - 6 K (7 M 0 gom N F - c m iz N 'L o U' N N N U O cj 6 E m — Alahesh Thurairajah, PE, GE, D.GE Principal & QA/QC Reviewer 15% 14 • • • ♦ • ♦ • ♦ • • Raj Pirathiviraj, PE, GE Project Manager 80% 19 • • • • • • • • • • • • • • • • • • Andy Korkos, PE, GE Analyses/Report Preparation 70% 37 • • • • • • • • • • • • Mike Kapuskar, PE, GE Analyses/Report Preparation 60% 35 • • • • • • • • • • • Pratha Ragavan, PE Analyses/Report Preparation 60% 6 • • • • • • • • • • • Dane Nicklaus, PE Analyses/Report Preparation 60% g ♦ Michael Hoshiyama, PG, CEG ExploratiordConstr. Task Leader 70% 17 ♦ ♦ • • ♦ • • ♦ • • Wendy Drummond, PG, CEG Geology 70% 33 • • • • • ♦ • • Jianmin Fang Lab Testing Task Leader 50% 33 • • • • • • Tom Pongsakornpatara Field Exploration/Analyses 75% 21 • • • • • • • • • KiatKaekul ConstuctionMonitonng 50% 32 • • • • • • • • Thomas Fiestel, PG Construction Monitoring 50% 5 • • • • • • • • d. Understanding of Need Project Understanding EMI envisions that the process by which services will be provided will begin with an initial request from the City's Project Manager. The City's Project Manager will provide specific information regarding the project and proposed improvements including providing a plan showing the location, limits, features, etc. of the proposed improvements. Once this information is provided to EMI, a geotechnical scope of work and cost estimate for geotechnical services can be developed and submitted to the City for review. After receiving notice to proceed (NTP), EMI will begin the geotechnical work. Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 60 11/21/2023 Earlh Mechanics, Inc. Project Approach Effective Communication During this project, the City can be confident that the EMI project management team will be available to them at all times, 24/7, should the need arise. Each member of our management team is highly qualified, experienced, and fully capable of addressing project concerns. The communications chain -of -command is a simple, linear path that begins with the Project Manager, Raj Pirathiviraj. Should he be unavailable for any reason the Principal and QA/QC Manager, Alahesh Thurairajah, will be the next point of contact. Both have the authority to mobilize resources at any time. Project Manager Principal & QA/QC Manager Raj S. Pirathiviraj Alahesh Thurairajah Office: 714-751-3826, Ext. 104 Office: 714-751-3826, Ext. 112 Cell: 949-292-2212 Cell: 951-333-3648 Email: S.Pirathiviraj@earthmech.com Email: A.Thurairajah@earthmech.com Schedule Control The City's PM will establish the schedule for geotechnical review services provided by EMI. EMI will adhere to the City's established turnaround time for geotechnical report reviews. EMI's PM will closely monitor the progress of services to identify and correct at the outset any potential schedule delays. The progress of geotechnical services will be checked against completion dates set forth by the City to assure that tasks are completed on time. EMI's PM will inform personnel of any deviation from the schedule and take appropriate action to place work back on track. EMI has provided on -call geotechnical report review and grading inspection services to public agencies and is fully aware of the need to provide services with short notice (sometimes within 24 hours) and complete the assignment under a demanding schedule (one day turnaround). EMI has a history of meeting schedules on time. The City is encouraged to check with the references listed on our representative projects concerning our response time and performance. Budget Control EMI anticipates the report review and grading inspection services will be provided on a time and materials basis. The Project Manager will keep track of the time, personnel, and resources used to complete each project task. Generally, the Project Manager receives weekly reports on expenditures, budget status, and hours expended by task. These weekly reports are generated using QuickBooks software. The expenditure status and hours can be compared to the budgeted amount for quick identification of discrepancies. Quality Control EMI will adhere to the procedures and practices outlined in EMI's Quality Assurance Manual. In general, Quality Control is provided through a three -step process: Self -Checking and Internal Peer Review. A mandatory review for all EMI personnel takes place throughout the duration of the project. All work performed by team members is checked by the originator of the work and by another EMI geologist or engineer. Project Manager Review. A review conducted by the EMI PM to check adequacy, clarity, and completeness of review comments, and satisfaction of project objectives. Principal's Review. A review concentrating on questions of liability, general organization, and presentation of information. Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 61 11/21/2023 Earkh Mechanics, Inc. e. Relevant Project Experience As a firm working almost entirely in the public sector, EMI has ample relevant project experience completed in Southern California within the past five years. Some of those projects are highlighted below and include references who can attest to EMI and its staff's satisfactory performance. Fairview Street Widening and Bridge Reference MW Contract Details City of Santa Ana Prime Reference: WKE/HDR Dan Weddell, Project Manager (714) 442-2823 Daniel.Weddell@hdrinc.com EMI Fee: $120,000 Dates: 2017 - 2022 Key Staff: Andrew Korkos The project involves widening Fairview Street between 9th Street and 16th Street from a 4-lane roadway to a 6-lane arterial which includes a bridge replacement funded through HBP. Replacement, Santa Ana, CA Relevance • Subsurface geotechnical investigation • Pavement design • Foundation reports Principal Elements: (1) EMI conducted the geotechnical field �'- F► investigation, laboratory soil testing, and the foundation analysis to support the structural engineer in selecting the most appropriate foundation type and determining the required foundation depths. (2) EMI also provided pavement design, infiltration basin percolation testing, and geotechnical recommendations consistent with USACOE requirements for channel reconstruction. Special Features: Coordination with the City of Santa Ana, OC Flood Control, and USACOE was essential in obtaining the necessary permits for the geotechnical borings. City of Jurupa Valley, Pacific Avenue Pedestrian and Bicycle Improvements Reference Prime Reference: EXP U.S. Service, Inc. Portia Gonzalez, P.E., QSD/QSP Project Manager (949) 257-5340 portia.gonzalez@exp.com Contract Details EMI Fee: $9,950 Dates: 2022 Key Staff: Raj Pirathiviraj, Pratha Ragavan Relevance • Subsurface geotechnical investigation including pavement corings • Pavement condition survey • Pavement rehabilitation • Pavement design • Grading and site clearing The city of Jurupa Valley proposes to construct new sidewalks, curb and gutters, and rehabilitate existing pavements and widen the existing roadway along Pacific Avenue between Limonite Avenue and Mission Boulevard. Principal Elements: (1) A visual pavement survey was performed to assess the condition of the existing pavements along project alignment; (2) A geotechnical field investigation was Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 62 11/21/2023 Earth Mechanics, Inc. conducted to collect soil samples and core samples of existing pavements; (3) Evaluate rehabilitation options and coordinate with the City; (4) Performed pavement design; (5) Prepared geotechnical report. Special Features: Pavement rehabilitation consist of milling the existing asphalt concrete surface, placing an interlayer such as Asphalt Rubber Aggregate Membrane (ARAM) interlayer and overlaying new asphalt concrete. Based on the existing thickness of the asphalt concrete, a minimum of 2 inches of milling is recommended for the entire width of the roadway. RCTD, Good Hope Paving Project, F Reference Prime Reference: Michael Baker International Danny Walden, P.E., Project Manager Ph: (909) 974-4921 Email: danny.walden@mbakerintl.com Jverside County, CA Contract Details EMI Fee: $20,600 Dates: 2022 Key Staff: Raj Pirathiviraj, Alahesh Thurairajah County of Riverside Transportation Department (RCTD) proposes to construct new asphalt concrete roadway segments at various streets. The project is in the Community of Good Hope within the county of Riverside, California. Principal Elements: (1) A geotechnical field investigation was conducted to collect soil samples; (2) Performed pavement design for new roadways; (3) Prepared geotechnical report. Special Features: Existing conditions are exposed dirt. Proposed project consists of paved roadways with graded shoulders or AC dike on both sides of the streets as warranted. l� i� t Relevance • Subsurface geotechnical investigation • New roadway • Pavement design • Grading and site clearing OCPW, Huntington Beach -Talbert Channel Sheet Pile Repair Design -Build, Huntington Beach, CA Reference Contract Details Relevance Orange County Public Works (OCPW) EMI Fee: $325,000 • Channel levee improvements Amit Verma, Project Manager (714) 647-3908 Amit.Verma@ocpw.ocgov.com Proposal (RFP No. 23-123) Dates: 2020 - Ongoing Key Staff: Andrew Korkos, Michael Hoshiyama • Subsurface geotechnical investigation • Soil classifications and analysis • Soil liquefaction • Stability of slopes under static and seismic conditions • FEMA levee recertification City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 63 11/21/2023 Earkh Mechanics, Inc. The Huntington Beach (HB) Channel and the Talbert Channel are in the southeastern area of the City of Huntington Beach. The project involved replacing and repairing portions of the existing sheet pile walls that have corroded and degraded over time. The HB Channel, within the sheet pile replacement limits, is asymmetrical in cross-section and consists of a single earthen levee retained by sheet piles along the northeast side of the channel, and a small graded earthen slope on the southwest side of the channel adjacent to wetlands. The Talbert Channel is a symmetrical channel formed by two rows of sheet pile walls, one wall along the east levee and one wall along the west levee. Generally, the sheet pile replacement involved installing new sheet piles immediately behind the existing sheet piles and leaving the existing sheet piles in place. The total combined length, along both channels, of the replacement sheet pile walls was approximately 16,157 feet. EMI completed a geotechnical field investigation that included 20 exploratory boreholes and 54 CPT soundings, conducted laboratory soil tests; performed various geotechnical analyses, coordinated with the design -build team and OCPW, and prepared a geotechnical report. Principal Elements: (1) EMI accomplished the geotechnical investigation and soil testing to characterize soils along the channel alignments; (2) estimated engineering properties of soils including strength, compressibility, density, expansion potential; (3) performed various analyses including ground motion study for three -level earthquake design, soil liquefaction assessment, seismically -induced settlement, evaluated global stability of sheet pile walls and levee slopes under static and seismic conditions, determined bearing capacity and static settlement, determined lateral earth pressures and estimated lateral soil springs for sheet pile walls, and conducted seepage analysis; (4) prepared geotechnical report; (5) reviewed project plans and specifications; and, (6) provided technical support during construction. Special Features: The channel improvements had to satisfy Orange County and U.S. Army Corps of Engineers design requirements; three -level earthquake design; and the geotechnical analyses supported OCPW in applying for levee recertification from FEMA. OCTA, 1-605/Katella Avenue Interchange Improvement Project, Orange County, CA Reference OCTA Josue Vaglienty, Senior Project Manager, Highway Programs (714) 560-5852 jvaglienty@octa.net Contract Details EMI Fee: $162,000 Dates: 2021 to Ongoing Key Staff: Andrew Korkos, Alahesh Thurairajah, Michael Hoshiyama Relevance • Subsurface geotechnical investigation • Soil classifications and analysis • Pavement condition survey • Pavement rehabilitation • Pavement design • Grading and site clearing The Orange County Transportation Authority (OCTA), in cooperation with Caltrans District 12 and the City of Los Alamitos, proposes improving the 1-605/Katella Avenue Interchange and a portion of Katella Avenue to improve freeway access, improve interchange traffic operations, enhance safety, and improve pedestrian and bicycle facilities within the interchange area. Improvements include modifications to the northbound and southbound ramps, and roadway improvements along Katella Avenue between Coyote Creek and Civic Center Drive. Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 64 11/21/2023 Earkh Mechanics, Inc. Principal Elements: (1) EMI conducted survey of existing pavements surface to observe and record the condition of the pavement, including the type, extent, and degree of distress; (2) EMI conducted geotechnical investigations; (2) soil testing to characterize soils; (3)�> estimated engineering properties of soils; (4) performed pavement design using Caltrans Software CaIME; (5) prepared Materials Report. Special Features: Visual Pavement Condition Survey; Pavement rehabilitation includes mill and overlay; Using CaIME software to design asphalt pavement structural sections. OCPW, Santa Ana River Bikeway and Trail, Orange, Riverside & San Bernardino Counties, CA Reference OCPW Prime Reference: Michael Baker International Ray Wang, PE, Senior Project Manager (949) 330-4293 ray.wang@mbakerintl.com Contract Details EMI Fee: $187,000 Dates: 2018 to 2022 Key Staff: Andrew Korkos, Michael Hoshiyama Relevance • Subsurface geotechnical investigation • Soil classifications and analysis • Foundation design • Retaining structures • Stability of slopes under static and seismic conditions • Required Army Corps of Engineers coordination A geotechnical study was conducted by EMI for three proposed bridges and associated retaining walls that are part of the Santa Ana River Trail Parkway Extension Project. The project involved designing pedestrian/cycling trail improvements between Gypsum Canyon Road and the Orange County boundary (adjacent to Green Hills Golf Course). The three bridges include one single -span bridge crossing a small drainage channel, and two longer, two -span bridges spanning the Santa Ana River. Retaining walls are proposed as part of the bridge approach embankments. Improvements also include drainage structures, trail surface/paving, trail signs, and landscaping. Principal Elements: (1) EMI conducted the geotechnical field investigation and laboratory soil testing to characterize soils at the bridge locations; (2) estimated engineering properties of soils including strength, compressibility, and density; (3) performed analyses to evaluate soil liquefaction, seismically - induced settlement, axial and lateral capacity of deep foundations supporting the bridge structures, stability of retaining walls and channel slopes under static and seismic conditions, bearing capacity and static settlement for spread footings, and lateral earth pressures for walls; (4) prepared foundation report; and (5) reviewed project plans and specifications. Special Features: Bridge foundation design followed LRFD methodology and considered scour potential; the bridges are close to the Elsinore Fault Zone and subject to high ground accelerations; one bridge requires constructing the foundation behind an existing anchored sheet pile wall. Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 65 11/21/2023 Earkh Mechanics, Inc. f. Willingness to Comply with Agreement Terms EMI has reviewed the contract agreement and takes no exceptions. g. References EMI's commitment to quality work products, coupled with our timely delivery of cost -saving foundation designs, has garnered repeat business from numerous satisfied clients. EMI invites you to contact our references who can attest to their satisfaction with our design solutions, responsiveness, and timely project delivery. Krishnamenon Nadaraja, Senior Civil Engineer Orange County Public Works, Flood Control District 300 North Flower Street, 7th Floor, Santa Ana, CA 92703-5000 (714) 245-4516 Krishnamenon.Nadaraja@ocpw.ocgov.com On -Call, Various Channel Improvement Projects: Through on -call contracts with OCPW, EMI provided geotechnical engineering services for various flood control channel improvement projects. (1999 — 2018) Sharid K. Amiri, Sr. Transportation Engineer (Geotech. Specialist) Caltrans, Geotechnical Services, D-12 Oversight 1750 E. 4th Street, Suite 100, Santa Ana, CA 92705 (949) 429-2442 sharid.amiri@dot.ca.gov 1-5 Widening Project between 1-405 and SR-55 (two segments): About 15 miles, adding one general purpose lane in each direction of 1-5 and maintaining existing and adding new auxiliary lanes, improves existing on- and off -ramps and connectors. EMI provides geotechnical engineering services for multiple bridges, retaining walls, soundwalls, roadways, overhead signs, and infiltration facilities. Our scope of work includes field investigation, laboratory testing, ADL testing, infiltration testing, foundation designs, and prepare foundation reports, materials report, geotechnical design reports and ADL reports. (2021 — Ongoing) Josue Vaglienty, Senior Program Manager, Highway Programs Orange County Transportation Authority (OCTA) 550 South Main Street, Orange, CA 92863 (714) 560-5852 jvaglienty@octa.net 1-5 Widening Project between 1-405 and Yale Avenue: About 4.5 miles, add capacity, improve operations, and enhance access and circulation on the transportation system. The improvements include adding one general purpose lane in each direction of 1-5 and maintaining existing and adding new auxiliary lanes where needed. EMI provides geotechnical engineering services for multiple bridges, retaining walls, soundwalls, roadways, and overhead signs. Our scope of work includes field investigation, laboratory testing, ADL testing, foundation designs, and prepare foundation reports, materials report, geotechnical design reports and ADL reports. Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 66 11/21/2023 Earkh Mechanics, Inc. 2. SCOPE OF SFRVICES AND SCHEDUI Scope of Services EMI envisions that the process, whereby geotechnical services will be provided, will begin with an initial request from the City of Santa Ana through as Task Order. The City's Project Manager will provide a description of the project and proposed improvements including providing a plan showing the location, limits, features, etc. of proposed improvements. EMI will prepare a work plan which will include geotechnical scope of work, budget, and schedule for the geotechnical services, required for the proposed improvements, which will be submitted to the City for review and approval. Our budget will include staff title, hours, hourly rates based on approved fee schedule, other direct costs (ODC) and totals as related to the specific task. EMI speculates that most City projects will call for a conventional geotechnical program, which can be divided into the eight major tasks shown below: 1. Prepare Scope and Fee Proposal Based on the information provided in the Task Order, EMI will prepare a scope and fee proposal and submit it to the City for review and approval. Our budget will include staff title, hours, hourly rates based on approved fee schedule, other direct costs (ODC) and totals as related to the specific task. After the review and approval of our proposal, we anticipate that the City will issue a Notice -to -Proceed to begin the work. Deliverables: Scope and Fee Proposal 2. Prepare Project Management Plan Within 15 calendar days of issued Notice -to -Proceed, EMI will prepare a Project Management Plan which will include all milestones, task breakdown for each task and subtasks, information and coordination with other agencies, required permits, deliverables, quality control/quality assurance plan, project schedule, invoicing, and project correspondence. Deliverables: Project Management Plan 3. Review Existing Subsurface Information EMI will gather and review relevant subsurface information, including information filed at the City office, and maps and reports published by USGS, CGS, and Caltrans. Existing subsurface information will be used to plan the field investigation. Deliverables: Memorandum Summarizing Existing Subsurface Information 4. Geotechnical Field Investigation EMI will identify the proposed boring and CPT locations on a plan and submit it to the City for review and approval. The boring location plan will also be used to apply for encroachment permits. If necessary, EMI will prepare a work plan to present the field investigation procedures, boring location plans, health and safety plans and traffic control plans. The goal of the investigation is to log subsurface conditions and collect samples of subsurface soils using exploratory borings, rock coring, trenching, and in -situ testing. In -situ testing may include Cone Penetration Tests (CPT) and geophysical surveys. Additionally, groundwater depth will be measured in the borings. For investigations in soil, EMI will collect bulk samples, small disturbed samples, and relatively undisturbed ring samples of subsurface soils. The small disturbed samples and ring samples will be collected using the Standard Penetration Test (SPT) sampler and Modified California Drive sampler, respectively. In soft soils, Shelby Tube samples may be collected. Soil samples Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 67 11/21/2023 ii Ea Mechanics, Inc. .xaniecnnical B Ea�i�quav,e Engineer.rtg will be logged in the field during the investigation, secured in their containers, and transported to the EMI soils laboratory. Where traffic control is necessary to accomplish the field investigation, we will follow the lane closure requirements specified by the City or other agencies with local jurisdiction. If necessary, the field investigation can be conducted during the weekend or at night to minimize the impact to traffic. EMI will notify Underground Service Alert prior to the start of the investigation so that existing utilities are marked in the field before subsurface exploration. EMI will use subcontractors to perform drilling and traffic control setup. Subcontractor fees will be based on California Prevailing Wage rates. Deliverables: Boring Location Plan and Work Plan 5. Laboratory Testing Field logs of borings will be reviewed to select representative soil samples for laboratory testing. Various laboratory tests will be performed on soil samples to determine or derive their physical and engineering characteristics. Results of laboratory tests will be used for engineering analyses to develop geotechnical recommendations. The following soil tests are usually performed: ■ In -place Moisture & Density ■ Sand Equivalent ■ Grain Size Analysis ■ Expansion Potential ■ Atterberg Limits ■ Consolidation & Collapse Potential ■ Corrosivity ■ Maximum Density & Optimum Moisture Content ■ R-Value ■ Direct Shear & Unconsolidated-Undrained Triaxial Additional tests may be necessary depending on the proposed improvements and subsurface soil conditions. Laboratory tests will be conducted in accordance with ASTM Standards or California Test Methods. EMI will use subcontractors to perform some of the laboratory soil tests. 6. Geotechnical Engineering Analyses Results from the field investigation and laboratory testing will be used to develop idealized soil profiles and determine representative soil parameters for use in geotechnical analysis and design. Geotechnical analyses could include: ■ Evaluating the Stability of Cut, Fill, and Natural Slopes ■ Evaluating Settlement of Roadway Embankments and Deep Fills ■ Determining Lateral Pressures on Retaining Structures Due to Earth and Surcharge Loads ■ Determining Axial and Lateral Capacity and Settlement of Shallow and Deep Foundations ■ Designing Pavement Structural Sections ■ Assessing Liquefaction Potential of Subsurface Soils ■ Evaluating Static and Seismically -Induced Ground Subsidence ■ Assessing Site Response Due to Ground Shaking ■ Performing Soil -Structure Interaction Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 68 11/21/2023 Earlh Mechanics, Inc. 7. Report Preparation Results obtained from the field investigation, laboratory testing, and engineering analyses will be documented in a draft report. The report will contain design and construction recommendations for proposed improvements. The draft report will be submitted to the City for review. EMI will respond to review comments, and the comments and responses will be incorporated into a final report. We will also review pertinent sections of the contract plans and specifications. Deliverables: Geotechnical Engineering Report 8. Bidding and Construction Support EMI will be available to attend pre -bid meetings and answer questions related to geotechnical issues. In addition, EMI will provide construction support services, at the City's request, such as answering Requests for Information (RFI) related to geotechnical issues, observing grading activities and inspecting cuts and fills, and attending construction meetings. EMI is also able to provide services for pile driving monitoring, drilled shaft inspection, pile load tests, and soil compaction testing. Deliverables: Response to RFIs and Geotechnical Memorandums Schedule A comprehensive schedule will be developed for each task order showing the duration of each task with review periods and submittal dates. A sample schedule for a typical project is provided below. Task ID Tasks Anticipated Number of Days per Task (Business Days) Total Number of Days Since Notice to Proceed (Business Days) 0 Receive Task Order - - 1 Scope and Fee Proposal 3 to 5 - 2 City Review and Approval of Proposal 5 to 7 - 3 Notice to Proceed 1 to 1 1 to 1 4 Project Management Plan (PMP) 8 to 12 9 to 13 5 City Review and Approval of PMP 5 to 7 14 to 18 5a Research Existing Records 3 to 5 14 to 18 5b Work Plan 2 to 3 14 to 18 6 Permitting 8 to 10 22 to 28 7 Clear Utility Lines 5 to 7 27 to 35 8 Field Investigation 3 to 5 30 to 40 9 Laboratory Testing 5 to 10 35 to 50 10 Report Preparation 8 to 10 43 to 60 Optional Tasks Attend meetings with City Staff Progress review meetings Coordinate permits with other agencies Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 69 11/21/2023 ii Ea Mechanics, Inc. .xaniecnnical B Ea�i�quav,e Engineer.rtg - FEE PRQPQSAP EMI's hourly fee schedule is provided in a separately sealed envelope. 4. r''c®'r1v'0%.AT'0NQ • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification APPENDIX - RESUMES Proposal (RFP No. 23-123) City of Santa Ana On -Call Geotechnical Engineering Services City Council 17 — 70 11/21/2023 CERTIFICATIONS Attachment 3-1: Non -Collusion Affidavit Attachment 3-2: Non -Lobbying Certification Attachment 3-3: Non -Discrimination Certification 0 City Council ff 17 — 71 11 /21 /2023 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of or on behalf" of; any undisclosed person. partnership. company, association, organization. or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded. conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid. or that anyone shall refrain from bidding: that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER. or to fix any overhead. profit. or cost element of the bid price, or of that of any other BiDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract: that all statements contained in the bid are true; and. further. that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof or the contents thereof. or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization. bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note. The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal oil the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that makingv�fhlse certification may subject the certifier to criminal prosecution. Signed ' fP 2-3 Alahesh Thurairajah, Principal State of California County of 4a6fe.b,"cam Subscribed and sworn to for affirrned) before me on this � day of Ltt6- , 2fr by ALA 1tTsi-t `rvxWAA- 9AT14proved to ine on the basis of satisfactory evidence to he the person(4 who appeared before rne. RRIJ PRASAD F COMM ... 2358214 Notary Public Signature NOTARY PUBLIC-CALIFORNIA -A Notary Public Seal ORANGE COUNTY W My Term Exp. May 19. 2025 City of Santa Ana RFP 23-123 City Council 17 — 72 11/21/2023 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 making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence 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 Earth Mechanics, Inc. Signed and Printed Name: Alahesh Thuraira... Title Principal Date August 28. 2023 City Council City of Santa Ana'F-P74-123 11/21/2023 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 City of Santa Ana F-P724-123 11/21/2023 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. Signed: Alahesh Thuraira... Title: Principal Firm: Earth Mechanics, Inc. Date: Auaust 28. 2023 City Council City of Santa Ana -P7Z-123 11 /21 /2023 Page A3-4 EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates, if applicable City Council 17 — 76 11/21/2023 , Earth Mechanics, Inc. Geotechnical & Earthquake Engineering EARTH MECHANICS, INC. FEE SCHEDULE (2023) City of Santa Ana On -Call Geotechnical Engineering Services (RFP No. 23-123) LABOR CATEGORY FULLY BURDENED HOURLY RATE Principal/Senior Consultant $ 301.00 Principal Engineer/Geologist $ 301.00 Senior Engineer/Geologist $ 225.00 Senior Project Geologist $ 201.00 Project Engineer/Geologist $ 173.00 Senior Staff Engineer/Geologist $ 163.00 Staff Engineer/Geologist $ 133.00 Senior Technician $ 155.00 Technician* $ 80.00 Administrative Assistant* $ 135.00 * Non-exempt staff subject to overtime pay per California law. City cgw2 qi� ewhope Street, Suite B, Fountain Valley, Cal Znia 92708 0 Tel: (714) 751-38261 1 /21 /2023 EXHIBIT 3 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND GEOCON WEST, INC. TO PROVIDE ON -CALL GEOTECHNICAL ENGINEERING SERVICES THIS AGREEMENT is made and entered into on this 21 st day of November, 2023 by and between Geocon West, 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 August 2, 2023 the City issued Request for Proposal ("RFP") No. 23-123 by which it desired to retain a consultant having special skill and knowledge in the field of geotechnical engineering services on an on -call basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-123. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-123, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A" attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B." 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C." Consultant is one of five (5) separate consultants selected to provide services on an on -call basis under RFP 23-123. The total compensation for services provided by all consultants selected under RFP 23-123 shall not exceed the shared aggregate amount of $2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. 10 City Council 17 — 78 11/ 0 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not increase by more than 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws, if applicable. 3. TERM This Agreement shall commence on November 21, 2023 and end on November 20, 2026, with the option for the City to grant up to one (1), two (2) year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 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. 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 10 City Council 17 — 79 11/ 0 embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 O1 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form CA 0001 covering Code I (any auto), with limits no less than $1,000,000.00 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than$1,000,000.00 per accident for bodily injury or disease. (iv) Professional Liability Insurance with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader 10 City Council 17 — 80 11/ 0 coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: 10 City Council 17 — 81 11/ 0 • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION 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 10 City Council 17 — 82 11/ 0 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. 9. 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. 10. 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. 11. 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 City. 10 City Council 17 — 83 11/ 0 12. 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. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 15. 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 consultant and/or 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, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case 10 City Council 17 — 84 11/ 0 such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES 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. 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: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 10 City Council 17 — 85 11/ 0 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Jelisa Thomas Adams, GE Vice President & Senior Engineer Geocon West, Inc. 2807 McGaw Avenue, Irvine CA 92614 Tel: 714-751-3826 ext. 112 Email: jelisa&geoconinc.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures contained on following page] 10 City Council 17 — 86 11/ 02 SIGNATURE PAGE TO CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND GEOCON WEST, INC. TO PROVIDE ON -CALL GEOTECHNICAL ENGINEERING SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO RECOMMENDED FOR APPROVAL: NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: City Council 17 — 87 11 2Mf 10 EXHIBIT A SCOPE OF SERVICES City Council 17 — 88 11/21/2023 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL GEOTECHNICAL ENGINEERING SERVICES RFP NO.23-123 Introduction / Background The City of Santa Ana intends to retain Geotechnical Engineering Consultants on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide geotechnical engineering services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. In general, work consists of general geotechnical engineering services for Public Works Projects and or related to City facilities. The funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. Scope of Services On as needed basis, the selected firm/s shall provide the City with the following services as described herein. The consulting firms are responsible for any damage to utilities during the locating efforts. The consulting firms selected for these services shall demonstrate the ability and experience in the following types or work and not limited to: • Soil Classification and Analysis • Material Testing • Ground Water- Dewatering and Seepage Control Analysis • Seismic Stability • Soil Liquefaction City of Santa Ana RFP 23-123 City Council age 1 — 89 11/21/2023 • Slope Stability and Protection • Construction Inspection • Open and Braced Excavations (shallow) • Grading and Site Clearing • Pavement Design • Foundation Design • Retaining Structures- submerged and partially submerged • Fill Compaction • Special Inspections • Subsurface Geotechnical Investigation • Infiltration Testing The Consultant/s shall also provide services such as: field exploration, laboratory testing and instrumentation. If there are any exceptions to the core of requested services, proposers shall list said exceptions in their proposal (matrix form). For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. General Requirements and Project Deliverables The Consultant's services for the project preparation, special studies/investigations shall include and in be in conformance with the latest editions of the following: The City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and or federal, state and local guidelines established in the project. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the tasks. This plan shall include all milestones and task breakdown for each of the tasks and subtasks included therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed • Deliverables • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence City of Santa Ana RFP 23-123 City Council age 1 — 90 11/21/2023 In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The following services/items shall include. but are not be limited to: 1. Research existing records of utility companies and agencies and coordinate with the involved parties. 2. City may opt to receive only PDF versions of the plans, reports, and studies for reviewing purposes. If so, the Consultant team will provided plans and/or specifications accordingly. 3. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub -consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional -level quality of work product. 4. If included in the on -call project scope, attend meetings with the City staff as required. 5. If included in the on -call project scope, the Consultant shall coordinate permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 6. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications. All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. Proiect Schedule and Progress: Progress review meetings shall be held at intervals deemed appropriate by the City. The Consultant shall furnish two copies of all completed work or partially completed update/status since the last progress review meeting. Progress reports shall be submitted monthly in electronic format indicating achievements and project schedule progress. City of Santa Ana RFP 23-123 City Council age 1 — 91 11/21/2023 City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All reporting and coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities Fee Probosal: In addition to Section IV.13.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of contract to the selected Team. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. City of Santa Ana RFP 23-123 City Council age 1 — 92 11/21/2023 EXHIBIT B CONSULTANT'S PROPOSAL City Council 17 — 93 11/21/2023 EOCON w E S T, I N C. G E O T E C H N I C A L ■ E N V I R G N M E N T A L ■ M A T E R I A L 5 A. COVER LETTER Geocon Proposal No. 2023-333 August 28, 2023 Gilbert Castillo, Project Manager City of Santa Ana Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, California 92701 SUBJECT: ON -CALL GEOTECHNICAL ENGINEERING SERVICES FOR CITY OF SANTA ANA Dear Mr. Castillo, Geocon West, Inc. (Geocon) welcomes the opportunity to submit this proposal to the City of Santa Ana in reference to the RFP for On -Call Geotechnical Engineering Services. We have the demonstrated technical expertise, project management approach, integrity, and responsiveness that will enable successful delivery of this project. Geocon has 52 years of experience performing on -call geotechnical engineering services for public agencies and municipalities right here in Southern California. We also perform materials testing, engineering geology, and environmental engineering services. Our local office and certified laboratory in Irvine will manage this on -call and partner with the City of Santa Ana to provide Geotechnical Engineering Services, which will include, but are not limited to soils testing, material testing, groundwater testing, seismic and slope stability, liquefaction, construction inspection, pavement and foundation design recommendations, special inspection, geotechnical investigations, and percolation testing. We have performed the same services for similar projects for numerous public agencies across our 52-year history, including recently for the City of Garden Grove, the City of Newport Beach, and the County of Los Angeles, Department of Public Works, to name a few. Beyond our extensive experience and demonstrated service to the City, what sets Geocon apart? ✓ We bring innovation and problem -solving to all of our projects — big or small. Our goal on every project is to develop creative, cost-effective, and practical geotechnical solutions. Problem - solving early in project phasing is key. We pride ourselves on adding genuine value to every aspect of a project to enable the project to successfully move across phases. ✓ Transparency is key to our project management approach. We are committed to keeping cost, schedule, quality, safety, and transparency top of mind while we deliver our Task Orders. We maintain strict burn -rate reports internally so that we stay on budget and transparently communicate our project milestone tracking to clients. Drawing from our extensive experience, we understand the need for rapid response times, communication and coordination with the project team, while maintaining excellent standards and providing quality deliverables. ✓ Our principals are working principals. Senior engineers and principals, like myself, will service your Task Orders. You will find a highly experienced leadership team at your disposal. Additionally, our principals play a direct role in oversight of the team and take every opportunity to streamline costs. For example, our principals bill at senior rates to control costs. We also have many multi -certified inspectors, and it is always our goal to have one inspector cover multiple tasks rather than having two or more inspectors on -site simultaneously; this minimizes the assignment of multiple field staff, all per the direction of working principals. 2807 McGaw Avenue ■ Irvine, CA 92614 ■ Telephone (949) 491-6570 ■ OC@geoconinc.com low) GEOCON City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services ✓ Our team is local experienced and available Geocon offers an experienced local team you can trust for this on -call contract. We are known for our responsiveness and availability to meet short-term requests. We do not utilize pay -when -paid clauses, so we receive priority scheduling from our subcontractors to expedite your projects. Our fully operational office and comprehensive testing laboratory in Irvine as well as our staff of engineers, geologists, technicians, and inspectors stand ready to serve the City. ✓ We perform our soils and materials testing in our in-house laboratories. We perform our services in-house, manage our own laboratories and maintain strict oversight of standards within our laboratories. We are consistently rated by CCRL and other certifying bodies with top performance for overall organization and accuracy of testing. Our laboratories are certified by DSA, AASHTO/AMRL, Caltrans, and CCRL and can provide both soil and materials testing services 24 hours a day, 7 days a week. With staggered lab staff schedules, we are able to complete critical path testing much quicker than a typical lab. As managing partner of Geocon West, Inc., I attest by my signature that I have the official authority to bind the company to commit its resources to fulfill the terms of this contract. I manage the Irvine team, will manage all work under this contract, if awarded, and will be your point of contact. Please find my contact information below. Geocon appreciates the opportunity to submit this proposal to the City. Upon being awarded, our team will be fully dedicated to every Task Order by providing the highest level of service while upholding our industry reputation for excellent customer service. Thank you for your consideration. Sincerely, Geocon West, Inc. Jelisa Thomas Adams, GE Vice President & Senior Engineer 2807 McGaw Avenue, Irvine, California 92614 T 1949.491.6570 M 1650.208.0992 E I jelisa@geoconinc.com City Council Geocon 2023-333 17-95 Page 2 11 /21 /2023 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services Geocon will agree to the City's Agreement provided that it complies with California Civil Code and insurance limits are within standard range for the services requested in the RFP. FIRM PROFILE Geocon is a California corporation established in 1971 as a professional engineering consulting firm providing comprehensive geotechnical, geologic, construction inspection, and environmental engineering and consulting services. In addition to these services, we also provide environmental remediation contracting (cleanup) services and operate soils and materials testing laboratories. Our managing principals are practicing professional geologists or engineers who actively manage projects and assign and mentor technical staff. Each office is supported by state-of-the-art inventories of field equipment and instrumentation, comprehensive technical libraries, and modern data -management systems. Laboratory testing services are performed in an in-house soils and materials testing laboratory accredited by the American Association of State Highway and Transportation Officials (AASHTO), State of California Department of Transportation (Caltrans), Cement and Concrete Reference Laboratory (CCRL), Division of State Architect (DSA), and City of Los Angeles. The average professional staff member has more than 10 years of experience at Geocon alone and has sufficient training and experience to respond to accelerated schedules without encountering procedural problems or sacrificing the quality of work products. Our friendly company culture promotes excellent working relationships with our clients, and many clients have said that we FIRM OVERVIEW TYPES OF SERVICES Geotechnical Engineering Engineering Geology Construction Inspection Soils and Materials Testing Laboratory Environmental Services LOCATIMS San Diego (HQ) I San Diego County Burbank I Los Angeles County Irvine I Orange County Redlands I San Bernardino County Murrieta Riverside County La Quinta Coachella Valley Rancho Cordova I Sacramento County Livermore Alameda County Fairfield Solano County DIR I YEAR I EMPLOYEES NUMBER I FOUNDED 10000018991 1971 1 300+ function much like their own employees: a direct extension of their team. FIRM SIZE Geocon West, Inc. and its sister companies have nine regional offices that are located throughout California so that Geocon is well -positioned geographically to promptly, efficiently, and cost effectively service its clients' needs. We employ a staff of over 300 technically strong, highly motivated engineers, geologists, environmental scientists, technicians, and special inspectors. Our local office in Irvine will service this contract and is located less than ten miles from the City of Santa Ana, allowing for quick response time. AA " City Council Geocon 2023-333 17-96 Page 3 11 /21 /2023 August 28, 2023 IWO, GEOCO RESUMES = JELISA THOMAS ADAMS, GE PROJECT MANAGER/SENIOR ENGINEER City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services (EXCLUDED FROM PAGE LIMIT) Ms. Adams has more than 16 years of experience performing and managing geotechnical investigations throughout the Orange County, Los Angeles, San Diego, and San Bernardino areas. Her experience encompasses a wide range of projects including public infrastructure, city and state facilities, commercial and residential developments, educational institutions, multi -story structures with subterranean parking levels, seismic upgrades and retrofits, and the installation and monitoring of geotechnical instrumentation. As a senior engineer, Ms. Adams is responsible for all aspects of project management, including the coordination and execution of field exploration programs, assignment of laboratory testing, review and interpretation of test results, engineering analysis, the evaluation of stormwater infiltration rates, the preparation of technical reports and letters, and maintain project schedules and budgets. Recent experience includes: EXPERIENCE 16 years EDUCATION BS, Structural Engineering, University of California, San Diego REGISTRATIONS - CA: Geotechnical Engineer, No. 3092 - CA: Professional Engineer, Civil, No. 74946 CERTIFICATIONS - Geokon Certified Instrument Installer - Nuclear Density Gauge CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS, ON -CALL - OSHA 40-Hour GEOTECHNICAL ENGINEERING, MATERIALS TESTING, & INSPECTION - OSHA 8-Hour Refresher SERVICES CONTRACT Ms. Adams manages Geocon's on -call geotechnical, materials, testing and ORGANIZATIONS inspection services contract with the City of Newport Beach. She provides - ASCE quality control over all geotechnical reports, construction inspection services, - ASFE and laboratory testing results. Geocon has completed investigations pavement restoration projects and miscellaneous public improvement repair, and has provided geotechnical and materials inspection and testing services for asphalt pavement and concrete placement. CITY OF GARDEN GROVE PUBLIC WORKS DEPARTMENT, ON -CALL GEOTECHNICAL SERVICES CONTRACT Ms. Adams manages Geocon's on -call geotechnical, materials, testing and inspection services contract with the City of Garden Grove. She provides quality control over all geotechnical reports, construction inspection services, and provides team management. Geocon has completed numerous pavement restoration projects including arterial streets, residential roads, storm drains, and a variety of public improvement projects. CITY OF SAN JUAN CAPISTRANO, ON -CALL GEOTECHNICAL REVIEW/DESIGN & MATERIALS TESTING SERVICES Geocon currently holds a two-year on -call contract with the City of San Juan Capistrano for Geotechnical Review/Design and Materials Testing Services. Ms. Adams serves as Geocon's Contract Manager and main point -of -contact with the City. Geocon has provided third -party geotechnical reviews for the Compass Energy Storage project, new apartments, and new single residencies. CITY OF NEWPORT BEACH DPW SLURRY SEAL 2019-2020, NEWPORT BEACH, CALIFORNIA Geocon performed laboratory tests for the Slurry Seal Program project as part of our On -Call contract for the City of Newport Beach. We provided laboratory tests for Wet Track Abrasion, Slurry Emulsion Oil Content, and Slurry Aggregate Gradation. Forty-three streets were included in the testing. As the Project Manager, Ms. Adams provided oversight of the laboratory testing programs. City Council Geocon 2023-333 17-97 Page 4 11 /21 /2023 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services ACACIA AVENUE-JOSEPHINE STREET STORM DRAIN, GARDEN GROVE, CALIFORNIA Geocon performed utility potholing services on Acacia Avenue and Josephine Street with the goal to fill the cracks and separations of asphaltic pavement for the street improvement project in the City of Garden Grove. We exposed utilities along the alignment of the proposed storm drain line, backfilled the excavations with soils, and restored the ground with asphalt/concrete patches. Geocon matched the existing AC thickness to that of surrounding streets upon completion of the storm drain. As the Project Manager and Senior Project Engineer Ms. Adams, was responsible for scope of work development, oversight of field work, and preparation of technical reports and letters. OAK CREEK COMMUNITY PARK, IRVINE, CALIFORNIA Geocon is currently performing a limited geotechnical investigation for the Oak Creek Community Park improvements in the city of Irvine, California. The proposed improvements are anticipated to include new natural turf on two existing soccer fields, a new lighted sand volleyball court, a new lighted full -court basketball court, a new lighted dog park, a new natural turf field, and additional parking. Ms. Adams serves as the Project Manager and provides quality control over all geotechnical reports and provides team management. GREENSTREET PAVEMENT CORES, MISSION VIEJO, CALIFORNIA (A93408803) Geocon provided a geotechnical pavement evaluation for the driveway approach off Marguerite Parkway for the City of Mission Viejo. In our written letter report we confirmed the thickness of the asphalt and aggregate base sections, in addition to the relative density and moisture content of the underlying subgrade. As our senior engineer, Ms. Adams provided figure and table preparation as well as the letter report. FIRE STATION No. 2 REPLACEMENT, NEWPORT BEACH, CALIFORNIA As part of Geocon's On -Call Geotechnical Services Contract with the City of Newport Beach we are currently providing soils and materials testing and observation services during grading and construction for the replacement of the Lido Fire Station No. 2 on 32nd Street — built in 1953. In addition to Geocon's testing and observation services we will also be providing geotechnical consultation, plan review, and design recommendations for this project. Ms. Adams is serving as the Principal Engineer and Project Manager. Los ANGELES COMMUNITY COLLEGE DISTRICT, PIERCE COLLEGE, EXPANDED AUTOMOTIVE & NEW TECHNICAL EDUCATION FACILITIES Geocon performed a third party peer review of the original geotechnical report prepared for the project and is in the process of preparing an updated geotechnical investigation report for compliance with current California Building Code, California Geological Survey, and Division of State Architect requirements. Ms. Adams performed a ground motion hazard analyses and probabilistic seismic hazard analysis in conformance with the 2013 California Building Code and ASCE 7-10. Los ANGELES COMMUNITY COLLEGE DISTRICT, PIERCE COLLEGE, WEST CENTRAL PLANT EXPANSION Geocon performed a third party peer review of the original geotechnical report prepared for the project and is in the process of preparing an updated geotechnical investigation report for compliance with current California Building Code, California Geological Survey, and Division of State Architect requirements. Ms. Adams performed a ground motion hazard analyses and probabilistic seismic hazard analysis in conformance with the 2013 California Building Code and ASCE 7-10. City Council Geocon 2023-333 17-98 Page 5 11 /21 /2023 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services +GEOCON NEAL BERLINER, GE QUALITY ASSURANCE/ QUALITY CONTROL As President of Geocon West, Mr. Berliner is responsible for the management of Geocon's technical practice in Los Angeles, Orange, Riverside, and San Bernardino counties. He began his professional career in 1992, gaining geotechnical engineering experience throughout Southern California. His experience encompasses a wide range of projects for both public and private sector clients and includes multi -story office buildings, regional shopping centers, parking structures, sound stages, studio facilities, educational facilities, mixed -use and multi -family residential developments, large-scale land developments, roadways, paving rehabilitation, bridges, pipelines, solar fields, and more. Mr. Berliner has an expertise on projects requiring deep excavation/shoring and mitigation of groundwater, as well as projects that require drilled and driven piles, micro -piles, stone columns, cement/lime stabilization, soil nails, compaction grouting, underpinning, and ground mitigation. He has a strong background in forensic geotechnical engineering and provides support for project dispute resolution, serving at times as a geotechnical expert witness. He manages large on -call contracts involving both geotechnical and special inspection services and has a reputation for providing creative geotechnical solutions as well as maintaining outstanding service on projects with critical schedules and budgets. His experience includes: EXPERIENCE 31 years EDUCATION - 1993, BS, Civil Engineering, San Diego State University REGISTRATIONS - CA: Geotechnical Engineer, No. 2576 - CA: Professional Engineer, Civil, No. 57123 CERTIFICATIONS - Radiation Safety Officer - Nuclear Density Gauge ORGANIZATIONS - CalGeo - American Society of Civil Engineers - American Society of Foundation Engineers - U.S. Green Building CITY OF SIMI VALLEY & VENTURA COUNTY WATERWORKS DISTRICT NO. 8, Council ANNUAL PROFESSIONAL PAVEMENT ENGINEERING, MATERIALS TESTING & INSPECTION SERVICES CONTRACT Geocon provided on -call pavement engineering, materials testing, and inspection services under a two-year on -call agreement. Mr. Berliner was responsible for all geotechnical, deputy and special inspection services and provided quality control over pavement engineering services. Geocon provided inspection and testing services for Madera Road Widening from Country Club Drive west to Wood Ranch Parkway and rewrote the City of Simi Valley's Quality Assurance Program which included procedures for Acceptance Testing, Independent Assurance Sampling and Testing, and Testing of Manufactured Materials. CITY OF WEST HOLLYWOOD, PLUMMER PARK, WEST HOLLYWOOD, CALIFORNIA Mr. Berliner was the Principal Geotechnical Engineer for Phase I additions and improvements including a single -story childcare structure and playground area constructed over a single -level subterranean parking garage, new sports courts, and paving for support of vehicles. The purpose of the investigation was to evaluate subsurface soil and geologic conditions in the area of proposed development and determine soil permeability rates for an on -site storm water infiltration system. Mr. Berliner authored the geotechnical investigation report and provided quality control over the field exploration and laboratory testing programs. CITY OF HESPERIA, FY2017-18 CDBG STREET IMPROVEMENTS: 8TH, 9TH, AND 10TH AVENUES, HESPERIA, CALIFORNIA Geocon was selected to provide on -call materials testing and inspections services for this major city streets improvement project. Geocon provided observation and testing of the Cement Treated Soils (CTS) of the street subgrade, the asphalt placement, and densities throughout the duration of the project. As Principal Engineer and Contract manager, Mr. Berliner provides technical oversight and quality control over inspection and materials testing services during construction. City Council Geocon 2023-333 17-99 Page 6 11 /21 /2023 August 28, 2023 Vol City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services GERALD KASMAN, CEG SENIOR GEOLOGIST TT iff. Mr. Kasman has 34 years of professional experience performing and managing multidisciplinary geotechnical investigations for major developments 4: including tunnel and pipeline alignments, embankments, transportation infrastructure, and residential, commercial, and municipal projects. Mr. Kasman's technical experience with projects requiring complex geological studies includes fault rupture hazard investigations, seismicity and ground motion studies, geophysical surveys, slope stability investigations, and geologic hazard evaluations. As such, he has extensive experience in detailed field mapping, aerial photograph interpretation, continuous -core logging of rock and alluvial deposits, trenching, downhole logging, tunneling, and instrumentation. Mr. Kasman is responsible for the development of technical scopes for investigations, training and resourcing of personnel, maintaining project schedules and budgets, complex engineering geology and seismic studies, and preparation of technical reports and letters. His experience includes: EXPERIENCE 34 years EDUCATION - BA, Earth Science, California State University, Northridge - Post Graduate Studies Engineering Geology QFr:1CTQAT1r1NC - CA: Certified Engineering Geologist, No. 2251 - CA: Professional Geologist, No. 7195 CERTIFICATIONS - PEC Safel-and Certified - Geokon Certified Instrument Installer CITY OF WEST HOLLYWOOD, PLUMMER PARK, WEST HOLLYWOOD, CALIFORNIA - OSHA: 40-Hour Mr. Kasman was the senior geologist for the Phase I additions and - OSHA 8-Hour Refresher improvements that included a single -story child care structure and playground - MSHA PT 48 area constructed over a single -level subterranean parking garage, new sports ORGANIZATIONS courts, and paving for support of vehicles. The purpose of the investigation - Association of was to evaluate subsurface soil and geologic conditions in the area of Engineering Geologists proposed development and determine soil permeability rates for an on -site storm water infiltration system. Mr. Kasman supervised the field exploration program and performed a geologic/seismic hazard evaluation for the development. Los ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS, EL CARISO PARK, Los ANGELES, CALIFORNIA Mr. Kasman was the senior geologist who prepared the geological portion of the geotechnical investigation report for improvements at El Cariso Park. Improvements consisted of two soccer fields with light standards, the replacement of two single -story comfort stations, new ADA compliant bleachers at five existing baseball fields, six new picnic shelters, an approximately 54,000 square foot universally accessible playground, replacement of two play areas, enlargement of the existing northern parking lot, and upgrades and replacement of existing walkways for ADA compliancy BEAR VALLEY ROAD BRIDGE REHABILITATION & WIDENING, VICTORVILLE, CALIFORNIA Geocon performed a geotechnical investigation for the rehabilitation, widening, and seismic retrofit of Bear Valley Road at the Burlington North Santa Fe railroad crossing. Mr. Kasman developed the scope of work of the investigation, performed the geologic studies to incorporate into the geotechnical report, and authored the geology section of the geotechnical report. City Council Geocon 2023-333 17 — 100 Page 7 11 /21 /2023 August 28, 2023 I Vol) +GEOCON PETRINA ZEN, PE PROJECT ENGINEER City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services Ms. Zen was an engineering intern from California State Polytechnic University, Pomona, and was brought on board because of her understanding of geotechnical engineering practices and quick learning capabilities. She has been with Geocon for nine years and is responsible for aspects of projects including coordination and execution of field explorations, assignment of laboratory testing, review and interpretation of laboratory testing results, engineering analysis, the evaluation of stormwater infiltration rates, and the preparation of technical reports and letters in Los Angeles and Orange County. Her experience includes city and state facilities, commercial and residential developments, educational institutions, and multi -story structures with subterranean parking levels. If needed, Ms. Zen also performs geotechnical inspection and testing services during construction. Her recent experience includes: EXPERIENCE 9 years EDUCATION - BS, Civil Engineering, California State Polytechnic University, Pomona REGISTRATIONS - CA: Professional Engineer, Civil, No. 87489 CERTIFICATIONS - Nuclear Density Gauge ()rmAN17AT10NC - CalGeo CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS, ON -CALL GEOTECHNICAL ENGINEERING, MATERIALS TESTING, & INSPECTION SERVICES CONTRACT Ms. Zen served as a Project Engineer for the 2019-2020 Slurry Seal Program under Geocon's on -call geotechnical, materials, testing and inspection services contract with the City of Newport Beach. Geocon performed sampling and testing in general conformance with the Green Book specifications, current American Society for Testing and Materials (ASTM) methodology and/or other applicable procedures. Samples were tested for Wet Track Abrasion, Slurry Emulsion Oil Content, and Slurry Aggregate Gradation. Geocon performed various test on multiple streets throughout the City of Newport Beach in order to improve roadway conditions throughout the City. DEPARTMENT OF GENERAL SERVICES, CALIFORNIA HIGHWAY PATROL, BALDWIN PARK, POMONA, CALIFORNIA Geocon performed a geotechnical investigation report for the proposed California Highway Patrol Facility in the City of Pomona, California. The project consists of constructing a new CHP field office campus as well as a one-story office building, auto shop with car wash bay, radio vault building with equipment storage, communications antenna, parking lots and associated driveways, curb and gutter, and sidewalk improvements. As a Project Engineer, Ms. Zen was responsible for the coordination and execution of the field exploration programs, including utility mark out and site drilling, assignment of laboratory testing, engineering analyses, and authoring technical reports and letters. ORANGE COUNTY FIRE AUTHORITY TRAINING TOWER, IRVINE, CALIFORNIA Geocon provided a geoenvironmental investigation for the Orange County Fire Authority Training Tower under our On -Call contract. The site was previously occupied by two campuses; one consisted of a trench rescue operation training station, and the other campus consisted of an unpaved parking and storage area. The proposed project site was improved with a three-story training tower, a new roof rescue training station, two shipping containing training structures, an 18-foot-tall splash wall training prop, and two single -story modular structures with associated toilet room and shower. Ms. Zen provided report and letter review for the project. City Council Geocon 2023-333 17 - 101 Page 8 11 /21 /2023 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services CTEOCONI PHILLIP STEPHENS REGIONAL LABORATORY MANAGER Mr. Phillip Stephens has 11 years of experience performing quality assurance testing in the lab and in the field. He is experienced calibrating lab and field equipment, overseeing training and evaluating the performance of technicians, and maintaining laboratory accreditations from AASHTO, CCRL, Caltrans, DSA, and OSHPD. Other laboratory experience includes testing of structural steel, tensile and proof load testing, tensile and bend testing of rebar, strain/tensile testing of uncoated seven -wire for pre -stressed concrete, compression testing of masonry and masonry prisms, and testing of masonry block absorption and linear shrinkage. In addition, Mr. Stephens is experienced performing field testing of concrete, locating rebar, pull testing epoxy installed rebar/all thread, determining the moisture vapor emission rate of concrete and the rebound number of hardened concrete, and testing of spray -applied fireproofing materials. His experience includes: EXPERIENCE 11 years CFRTIFICATIONS - ACI Strength Testing of Concrete - ACI Field Testing of Concrete - ACI Base Testing - ACI Agg 1 & 2 - ACI Laboratory 1 & 2 - CT: 105, 106, 125, 201, 202, 205, 216, 217, 226, 227, 229, 504, 518, 521, 533, 539, 540, 556, 557 CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS, ON -CALL GEOTECHNICAL ENGINEERING, MATERIALS TESTING & INSPECTION CONTRACT Geocon is currently performing on -call geotechnical, materials, testing and inspection services contract with the City of Newport Beach. Geocon has completed investigations pavement restoration projects and miscellaneous public improvement repair and has provided geotechnical and materials inspection and testing services for asphalt pavement and concrete placement. Mr. Stephens is responsible for supervising the performance of laboratory tests on soil and materials samples in accordance with both Greenbook and Caltrans guidelines, depending on project requirements, and performs batch plant inspections, and testing in the field in accordance with Caltrans testing procedures. CITY OF GARDEN GROVE PUBLIC WORKS DEPARTMENT, ON -CALL GEOTECHNICAL SERVICES CONTRACT Geocon is currently contracted to perform on -call geotechnical, materials testing and inspection services contract for the City of Garden Grove. Geocon has completed numerous pavement restoration projects including arterial streets, residential roads, storm drains, and a variety of public improvement projects. Mr. Stephens supervises the performance of various laboratory tests on soil and materials samples during the design and construction phases of projects. CITY OF Los ANGELES BUREAU OF ENGINEERING, ON -CALL GEOTECHNICAL & ENVIRONMENTAL CONSULTANTS LIST Mr. Stephens is responsible supervising the performance of various laboratory tests on soil samples during the design and construction phases of projects including Proctor, Sieve Analysis, Hydrometer, Consolidation and Direct Shear, and Compressive Strength tests. All laboratory data is compiled regularly, and test results are presented to the various project geotechnical engineers in a timely manner. Data is also reported to soils inspectors for support of field density testing during site grading. CITY OF PASADENA DEPARTMENT OF PUBLIC WORKS, ON -CALL SOILS & MATERIALS TESTING SERVICES CONTRACT Geocon is currently performing on -call geotechnical and materials testing services for various roadways and other Public Works projects. Mr. Stephens is responsible supervising the performance of laboratory tests on soil and materials samples in accordance with both Greenbook and Caltrans guidelines, depending on project requirements, and performs batch plant inspections, and testing in the field in accordance with Caltrans testing procedures. City Council Geocon 2023-333 17 — 102 Page 9 11 /21 /2023 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services SERGIO INGCO LABORATORY MANAGER/FIELD TECHNICIAN Mr. Ingco has 10 years in the geotechnical industry and has a broad skill set and natural leadership skills. Mr. Ingco performs soils and concrete testing services both in the lab and in the field. He is Caltrans-certified for both soils and concrete testing services as well as ACI ;T< Certifications and provides field support for paving - related projects. In addition, Mr. Ingo is responsible performing laboratory tests on samples brought into the lab including Proctor, Moisture Density, Direct Shear, Consolidation, Compressive Strength, and various Caltrans tests methods. Mr. Ingco keeps the laboratory organized and ensures that all test equipment is functioning properly, maintained and calibrated as required by Geocon and the manufacturer's policy. Some of Mr. Ingco's experience includes: EXPERIENCE 10 years EDUCATION - BA, Public Health Education, California State University, Northridge CERTIFICATIONS - Nuclear Density Gauge - ACI Aggregate Testing Technician, Level I - ACI Concrete Testing Technician, Level I CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS, ON -CALL - ACI Concrete Strength GEOTECHNICAL ENGINEERING, MATERIALS TESTING & INSPECTION Testing Technician CONTRACT - ACI Concrete Laboratory Geocon is currently performing on -call geotechnical, materials testing and Testing Technician, Level I inspection services contract with the City of Newport Beach. Geocon has completed investigations pavement restoration projects and miscellaneous public improvement repair and has provided geotechnical and materials inspection and testing services for asphalt pavement and concrete placement. Mr. Ingo is responsible for performing laboratory tests on soil and materials samples in accordance with both Greenbook and Caltrans guidelines, depending on project requirements, and performs batch plant inspections, and testing in the field in accordance with Caltrans testing procedures. CITY OF GARDEN GROVE PUBLIC WORKS DEPARTMENT, ON -CALL GEOTECHNICAL SERVICES CONTRACT Geocon is currently providing on -call geotechnical, materials, testing and inspection services contract with the City of Garden Grove. Geocon has completed numerous pavement restoration projects including arterial streets, residential roads, storm drains, and a variety of public improvement projects. Mr. Ingco performs required laboratory testing services for soil samples for geotechnical investigations, and materials testing for projects in construction. CITY OF PASADENA DEPARTMENT OF PUBLIC WORKS, ON -CALL SOILS & MATERIALS TESTING SERVICES CONTRACT Geocon is currently performing on -call geotechnical and materials testing services for various roadways and other Public Works projects. Mr. Ingco is responsible for performing laboratory tests on soil and materials samples in accordance with both Greenbook and Caltrans guidelines, depending on project requirements, and performs batch plant inspections, and testing in the field in accordance with Caltrans testing procedures. Los ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS, AS -NEEDED GEOTECHNICAL ENGINEERING, MATERIALS TESTING & INSPECTION SERVICES CONTRACT (PW1345 & PW13554) Mr. Ingco performs various laboratory tests on soil and materials samples during the design and construction phases of projects including Proctor, Sieve Analysis, Hydrometer, Consolidation and Direct Shear, and Compressive Strength tests. All laboratory data is compiled regularly and test results are presented to the various project geotechnical engineers in a timely manner. Data is also reported to soils inspectors for support of field density testing during site grading. Some of the projects he's worked on include the Antelope Valley Communications Center, Olive View Medical Center, Will Rogers Coastline Project, North Valleyheart Riverwalk Project. City Council Geocon 2023-333 17 — 103 Page 10 11 /21 /2023 August 28, 2023 I low) GEOCON ALEX DO INSPECTOR team members City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services Mr. Do is a primary inspector with 12 years of experience performing materials testing services on a variety of public and private sector projects. He is experienced performing geotechnical inspection and testing services during site grading and materials testing and inspection services for reinforced and post -tensioned concrete, wood and masonry construction, spray -applied fireproofing, structural steel and bolting, epoxy anchors, and rebar. Mr. Do is proactive communicating with project teams and maintains regular interaction with regarding conformance to standards, plans, project specifications, and codes. His experience includes: CITY OF NEWPORT BEACH, ANNUAL CONCRETE REPLACEMENT, NEWPORT BEACH, CALIFORNIA Through our on -call contract, Geocon provided testing and inspection services for the Annual Concrete Replacement Program for the City of Newport Beach. The project consisted of the removal and replacement of sidewalk, curb and gutter, and driveway entries at various locations. Mr. Do performed as Geocon's inspector and provided observation of rebar placement. CITY OF NEWPORT BEACH, FIRE STATION NO. 2 REPLACEMENT, NEWPORT BEACH, CALIFORNIA The City of Newport Beach is replacing the Lido Fire Station No. 2 on 32nd Street — built in 1953 — and replacing it with a new structure on the corner of 28th Street and Newport Boulevard. Instead of demolishing the current station and building a new structure on site, the City purchased a 17,693-square-foot property at 2807 Newport Boulevard and decided to keep the Lido Station operable in the interim. The new location is larger and will provide better access to more residential areas than the old station. Mr. Do provided observation of concrete -grout pouring and creation, and rebar inspection. CITY OF PASADENA, EATON-BLANCHE PARK, PASADENA, CALIFORNIA Geocon provided as -needed geotechnical, deputy, and special inspection and testing services during grading and construction of the Eaton -Blanche Park EXPERIENCE 12 years EDUCATION American River College, Supplemental Courses, Ultrasonic Testing Level I & Welding Inspection Consumnes River College, Supplemental Classes, Mechanical I, Electrical I & II, Fire & Life Safety, Construction Estimation CERTIFICATIONS - City of Irvine Special Inspector - ICC Structural Masonry - ICC Structural Steel & Bolting - ICC Structural Welding - ICC Reinforced Concrete - ICC Pre -stressed Concrete - ICC Spray -Applied Fireproofing - ACI Grade I Concrete Testing Field Technician - Nuclear Density Gauge - General Contractor License (B. C-5 & C-15) restrooms in Pasadena, California. The Eaton -Blanche Park boasts two lighted tennis courts; one softball diamond; one lighted basketball court; open grass area; playground equipment; 9 picnic tables; parking lot; and rose garden. As an inspector, Mr. Do performed testing and observation of the subgrade and building pad and performed foundation observations. PORTOLA CENTER, LAKE FOREST, CALIFORNIA The Portola Center residential subdivision is located in the City of Lake Forest in the eastern portion of Orange County, California. The 200 acre property is planned for 700 single-family homes, a mixed -use commercial/residential area, multi -family housing, and public and private parks/residential facilities with accommodating retaining walls, streets, and infrastructure. Mr. Do has worked on multiple phases of the Portola project. He has provided soils testing and observation for utility trenches and wall backfill. He has also performed wood, masonry, and rebar inspections as well as creating concrete cylinders for laboratory testing purposes. City Council Geocon 2023-333 17 — 104 Page 11 11 /21 /2023 August 28, 2023 I Vol) GEOCONI MARC J RADLINSKI SPECIAL INSPECTOR City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services Mr. Radlinski has 50 years of experience in the construction industry and has been certified to perform concrete and masonry inspections since 2009. He has performed inspection and testing services for a multitude of residential, commercial, and industrial developments. He reviews and interprets plans, blueprints, site layouts, specifications, and construction methods to ensure compliance with project plans, specifications, and safety requirements. Mr. Radlinski is an effective communicator and is proactive at solving problems on the jobsite. Some of his experience includes: CITY OF EASTVALE, FIRE STATION No. 2, EASTVALE, CALIFORNIA Geocon performed geotechnical observation and testing, special inspection and materials testing services for the construction of the Eastvale Fire Station No. 2 located on the northeast corner of Selby Avenue and Chandler Street in Eastvale, California. Mr. Radlinski served as special inspector for the duration of this project. CITY OF GARDEN GROVE PUBLIC WORKS DEPARTMENT, ON -CALL GEOTECHNICAL SERVICES CONTRACT Geocon is currently contracted to perform on -call geotechnical, materials, - Flrst Aid/CPR/AED & testing and inspection services contract for the City of Garden Grove. Geocon Bloodborne Pathogens has completed numerous pavement restoration projects including arterial streets, residential roads, storm drains, and a variety of public improvement projects. Mr. Radlinski served as special inspector for the duration of this project. EXPERIENCE 50 years CERTIFICATIONS - City of Irvine Special Inspector - ICC Reinforced Concrete - ICC Structural Masonry - ACI Grade I Concrete Testing Field Technician - ACI Concrete Strength Testing Technician - City of San Diego Special Inspector - OSHA 10-Hour Construction Safety Course CITY OF NEWPORT, ON -CALL GEOTECHNICAL ENGINEERING, MATERIALS TESTING, & INSPECTION SERVICES CONTRACT Geocon currently provides geotechnical, materials testing and inspection services for the City of Newport Beach. Investigations for pavement restoration projects and miscellaneous public improvement repairs were completed and geotechnical and materials inspection and testing services were provided for asphalt pavement and concrete placement. Mr. Radlinski performed special inspection services for these projects. IRVINE RANCH WATER DISTRICT, UNIVERSITY DRIVE WIDENING APPURTENANCE RELOCATIONS, IRVINE, CALIFORNIA Geocon provided geotechnical observation and testing services during the backfill of water utility trenches during the University Drive Widening Appurtenance Relocations in Irvine, California for the Irvine Ranch Water District. The project included the portion of University Drive located between MacArthur Boulevard and Campus Drive. Construction included removal and relocation of existing service backflow preventers, vaults, fire hydrants, blowoffs/bottom drains, cathodic test stations, airvacs, a 16-inch CML&C pipe, and water services; main line valve installation/replacement; installation of reinforced concrete pad over 16-inch pipe; and adjusting valve cans and sewer manholes to grade. Mr. Radlinski performed soil sampling and testing and observation of utility trenches. PORTOLA CENTER, LAKE FOREST, CALIFORNIA The Portola Center residential subdivision is located in the City of Lake Forest in the eastern portion of Orange County, California. The 200 acre property is planned for 700 single-family homes, a mixed -use commercial/residential area, multi -family housing, and public and private parks/residential facilities with accommodating retaining walls, streets, and infrastructure. Mr. Radlinski served as special inspector for the duration of this project. City Council Geocon 2023-333 17 - 105 Page 12 11 /21 /2023 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services TYLER KLINGENBERG INSPECTOR Mr. Klingenberg has more than 10 years of experience performing materials testing and special inspection services throughout the Orange County and Los Angeles areas on a variety of public and private sector projects, including schools, hospitals, roads, commercial buildings and residential buildings. As an Inspector, Mr. Klingenberg is responsible for performing materials testing and inspection services for reinforced and post -tensioned concrete, wood and masonry construction, spray -applied fireproofing, structural steel and bolting, epoxy anchors, and rebar. Recent experience includes: FIRE STATION No.2 REPLACEMENT, NEWPORT BEACH, CALIFORNIA EXPERIENCE 10 years CERTIFICATIONS - ICC Reinforced Concrete - ICC Soils - ICC Masonry - ICC Structural Steel & Bolting - ACI Concrete Field Testing Technician Grade 1 Geocon is currently providing testing and observation services during the _ HAZMAT grading for the replacement of Fire Station No. 2 in the City of Newport _ Nuclear Gauge Safety Beach, California. Mr. Klingenberg is performing as Geocon's primary inspector and has provided client meeting coordination; sample importing; and testing and observation during the placement of subgrade, base, and asphalt concrete. CITY OF NEWPORT BEACH, OCEAN BOULEVARD SIDEWALK, NEWPORT BEACH, CALIFORNIA Geocon performed testing and observation services for the Ocean Boulevard Sidewalk Improvements project. The project consists of sidewalk to be installed along the south side of Ocean Boulevard from Dahlia Avenue to Fernleaf Avenue. The project provides for pedestrian safety and American with Disabilities Act (ADA) compliance. Mr. Klingenberg performed testing and observation during placement of subgrade, base, and asphalt concrete. CITY OF PASADENA, VICTORY PARK, PASADENA, CALIFORNIA Geocon performed testing and observation services during the Victory Park Restroom project. The existing restroom will be demolished and replaced with a larger facility that will include a storage room for Park staff. The existing restrooms had deteriorated and become difficult to maintain. Mr. Klingenberg performed inspection and stressing of epoxy anchors and rebar. CITY OF GARDEN GROVE, ACACIA AVENUE-JOSEPHINE STREET STORM DRAIN, GARDEN GROVE, CALIFORNIA Geocon performed utility potholing services on Acacia Avenue and Josephine Street with the goal to fill the cracks and separations of asphaltic pavement for the street improvement project in the City of Garden Grove. We exposed utilities along the alignment of the proposed storm drain line, backfilled the excavations with soils, and restored the ground with asphalt/concrete patches. Geocon matched the existing AC thickness to that of surrounding streets upon completion of the storm drain. As an inspector, Mr. Klingenberg performed density testing of subgrade, base, and asphalt concrete; observation of subgrade stabilization; density testing of storm drain trenches and during backfill. PORTOLA CENTER, LAKE FOREST, CALIFORNIA The Portola Center residential subdivision is located in the City of Lake Forest in the eastern portion of Orange County, California. The 200 acre property is planned for 700 single-family homes, a mixed -use commercial/residential area, multi -family housing, and public and private parks/residential facilities with accommodating retaining walls, streets, and infrastructure. Mr. Klingenberg performed testing and observation during utility trenching; placement of subgrade, base, and asphalt concrete; construction of the building pad; and foundation observation. City Council Geocon 2023-333 17 — 106 Page 13 11 /21 /2023 August 28, 2023 Vol City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services RAZMIK DAVIDIAN SENIOR INSPECTOR Mr. Davidian has over 30 years of experience performing construction inspection services throughout the greater Los Angeles area. His experience includes numerous large-scale private developments, educational institutions, medical facilities, and various public works projects. Mr. Davidian prides himself on his strong work ethic and his ability to work as an extension of our clients' staff. He is responsive and provides effective testing and inspection services by working with clients to make sure the required testing and inspections are performed as efficiently as possible. He is a primary inspector and is capable of providing complete and comprehensive inspection and testing services for entire projects. His relevant experience includes: CITY OF NEWPORT BEACH, FIRE STATION NO. 2 REPLACEMENT, NEWPORT BEACH, CALIFORNIA The City of Newport Beach is replacing the Lido Fire Station No. 2 on 32nd Street — built in 1953 — and replacing it with a new structure on the corner of 28th Street and Newport Boulevard. The new location is larger and will provide better access to more residential areas than the old station. Mr. Davidian provided welding inspection during construction. CITY OF THOUSAND OAKS, HAIGH ROAD STORM DRAIN IMPROVEMENTS, THOUSAND OAKS, CALIFORNIA Mr. Davidian served as special inspector throughout the duration of construction for the Haigh Road Drainage Improvement Project. Geocon's scope of services included soils testing of the installation of 60" RCP, backfill testing under AC paving, junction structure concrete testing, laboratory testing of soils, and laboratory testing of sampled concrete. Los ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS, JESSE OWENS PARK NEW BASKETBALL COURT, Los ANGELES, CALIFORNIA EXPERIENCE 30 years CFRTIFICATIONS - ICC Commercial Building - ICC Commercial Mechanical - ICC Commercial Plumbing - ICC Reinforced Concrete - ICC Pre -Stressed Concrete - ICC Special Soils - ICC Structural Steel & Bolting - ICC Structural Welding - ICC Spray -Applied Fireproofing - ICC Structural Masonry - LA City Grading - LA City Concrete Construction - LA City Masonry Construction - LA City Wood Construction - LA City Drilled -In -Anchors - LA City Structural Steel & Welding - LA City Gunite/Shotcrete - LA County Concrete - LA County Masonry - LA County Welding - AWS Certified Welding Inspector - City of Santa Monica Inspector - Class B- CA General Building Mr. Davidian performed geotechnical inspection and testing services during Contractor placement of subgrade, base, and asphalt concrete. He also provided observation and testing services during the concrete grout pour and created concrete cylinders for laboratory testing purposes. CITY OF PASADENA DEPARTMENT OF PUBLIC WORKS, ON -CALL SOILS & MATERIALS TESTING SERVICES CONTRACT Mr. Davidian served as special inspector for projects on the City of Pasadena Department of Public Works On -Call Geotechnical Engineering, Materials Testing, and Inspection Services contract. Geocon has provided services on Arroyo/Rose Bowl Drive, Preventative Maintenance of Streets, Green Street and Fair Oaks Avenue, Arroyo and Linda Vista, La Pintoresca Library, roadwork on Walnut Street between Daisy and Sunnyslope, East Side Storm Drain from Belvidere to Mountain Street, roadwork on the corner of Fair Oaks and California, slope failure at 1175 North Arroyo Boulevard, and a storm drain break at East Del Mar Boulevard west of Allen Avenue. City Council Geocon 2023-333 17 — 107 Page 14 11 /21 /2023 August 28, 2023 f4 EOCOI.\ RESUMES OF SUBCONSULTANTS ENTHALPY ANALYTICAL DIANE M GALVAN I SENIOR PROJECT MANAGER 931 W BARKLEY AVE, ORANGE, CA 92868 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services Ms. Galvan has over thirty-one years of industry knowledge in the environmental laboratory industry. Her laboratory experience ranging from Sample Receiving Technician, Client Services Coordinator, Sample Receiving/Field Services Supervisor, Project Manager and now Sr. Project Manager brings not only an in- depth knowledge of the environmental market as well as a unique ability in developing and maintaining strong relationships though loyalty, trust, and dedication to her clients. Ms. Galvan's responsibilities include interacting with clients on a daily basis concerning sampling, courier service, project specifics, sample results, and final reports. She also assists with coordinating laboratory personnel to provide on -time delivery for her clients. Some of Geocon's experience with Enthalpy Analytical includes: • City of Newport Beach, Superior Avenue Parking Lot, Newport Beach, California • City of Victorville, Green Tree Blvd Extension Project, Victorville, California • California Parks & Recreation, Palomar Mountain Water Well, San Diego, California • City of Sacramento, Norwood Avenue Supplemental Phase II ESA, Sacramento, California • Department of General Services, San Joaquin County Fairgrounds Phase II ESA, Stockton, California GOLD CONSTRUCTION SERVICES THOMAS ROBINSON I VICE PRESIDENT 11557 POEMA PLACE #102, CHATSWORTH, CA 91311 Mr. Robinson has a proven ability to manage account relationships and large-scale projects, ability to organize, prioritize, and work under extreme pressure and heavy deadlines. He is experienced in leading cross -functional teams, managing a product line from start to finish, justifying new product development, determining, and documenting new product requirements, developing sales forecasts and product pricing, and launching new products to the marketplace. Some of Geocon's experience with Gold Construction Services includes: • City of Newport Beach, On -Call Geotechnical Engineering Services Contract, Newport Beach, California • City of Garden Grove, On -Call Geotechnical Engineering Services Contract, Garden Grove, California • City of Pasadena, On -Call Geotechnical Engineering Services Contract, Pasadena, California • City of Los Angeles Bureau of Engineering, On -Call Geotechnical Engineering Services, Los Angeles, California • Los Angeles Unified School District, On -Call Geotechnical Engineering Services Contract, Los Angeles, California City Council Geocon 2023-333 17 — 108 Page 15 11 /21 /2023 August 28, 2023 Vol City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services STEVEN P. KEHOE I PROFESSIONAL ENGINEER KEHOE TESTING & ENGINEERING, INC. EDUCATION 5415 INDUSTRIAL DR, HUNTINGTON BEACH, CA 92649 - Master of Engineering, University of Florida, Mr. Kehoe has worked with Cone Penetrometer Testing (CPT) and Direct Gainesville, FL (1988- Push Testing equipment over the past 35 years. As a Professional Engineer, 1989) he has worked as a consulting geotechnical & environmental engineer and - Bachelor of Science Civil have used CPT data on thousands of projects (including several EPA Engineering, University of Superfund projects and large government projects). As a General Manager Florida, Gainesville, FL for twelve years and currently as owner of Kehoe Testing & Engineering, Inc. (1983-1988) (KTE), his main goal is to ensure that quality soil & groundwater data are CERTIFICATIONS obtained, and to assist the client in the interpretation of the data & planning of - CA: Professional Engineer the exploration in the field. Some of Geocon's experience with Kehoe Testing No. 53006 & Engineering includes: - CA: Contractors License • City of San Diego, Lifeguard Headquarters Fuel Tank, (C-57 Well Drillers), No. San Diego, California 786163 - The National Council ofExaminers • Los Angeles Unified School District, On -Call Geotechnical for Engineering Engineering Services Contract, Los Angeles, California & Surveying, #18038 • Los Angeles Department of Water and Power, City Trunk Line U- - Osha/Hazmat Training, 3, Los Angeles, California 40hr Health & Safety and • County of San Diego, Bonita-Sunnyside Branch Library, Chula 8hr Refresher Vista, California - American Society of Civil Engineers, Member • Sycuan Band of the Kumeyaay Nation, Smith Ranch Development Site, San Diego, California SOCAL DRILLING CO CERTIFICATIONS RANDY A FAGAN I ROTARY WASH DRILL RIG OPERATOR - C57 Water Well Drilling 1521 ELMSFORD AVE, LA HABRA, CA 90631 license- 864735 - SBE - State of California Mr. Fagan is a self-employed Rotary Wash Drill Rig Operator with extensive - SBE - Port of Long Beach experience in both geotechnical and environmental drilling through all types (BAVN) of formations. He is well trained in technology, mechanics, and safety - 40 Hour Hazmat Training procedures relevant to the drilling process and has a proven track record of - Railroad Safety Training completing difficult projects on schedule and on budget. Mr. Fagan has - Personal Online Safety excellent interpersonal skills, professional attitude, and firm personality to Training manage projects independently or as a team member. Some of Geocon's experience with Socal Drilling includes: • San Diego Gas & Electric, Bay Boulevard Substation, San Diego, California • City of Newport Beach, Junior Lifeguard Facility, Newport Beach, California • City of Los Angeles, Venice Beach/Rose Avenue Restroom, Los Angeles, California City Council Geocon 2023-333 17 — 109 Page 16 11 /21 /2023 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services MARTINI DRILLING DARIN MARTINI 12141 MARINERS WAY, GARDEN GROVE, CA 92843 Mr. Martini has over 37 years of experience providing geotechnical and environmental drilling services. His responsibilities includes contract management, supervising health and safety requirements, materials procurement, equipment scheduling, and managing and supervising staff. Some of Geocon's experience with Martini Drilling includes: • Orange County Fire Authority, Training Tower, Irvine, California • City of Pasadena, On -Call Geotechnical Engineering Services Contract, Pasadena, California • City of Los Angeles Bureau of Engineering, On -Call Geotechnical Engineering Services, Los Angeles, California • County of Los Angeles Department of Public Works, On -Call Geotechnical Engineering Services, Los Angeles, California BELSHIRE ENVIRONMENTAL SERVICES, INC. BRIAN F CASS I VICE PRESIDENT OF BUSINESS DEVELOPMENT 25971 TOWNE CENTRE DRIVE, FOOTHILL RANCH, CA 92610 CERTIFICATIONS - California C-57 - API WorkSafe Certificate - Cal OSHA 40 Hour Hazardous Waste Training - Annual8-Hour Refresher Course - RSO Training - LPS Certified Brian Cass has been involved in the hazardous waste industry since June EDUCATION 1994. He has extensive knowledge of hazardous waste regulations on both a state and federal level and has completed the Department of Transportation - B.A., Political Science 126F/181 Hazardous Materials Transportation Training. Brian maintains a (Minor Earth Science), thorough understanding of waste classification according to RCRA and TSCA California State University, guidelines. His knowledge of regulations, land disposal restrictions and soil Fullerton (1986) treatment standards are instrumental in providing our clients with the information necessary to properly determine the most cost effective remediation options for their waste. Brian also has a thorough knowledge of DOT shipping classifications for the safe transportation of waste handled by Belshire, ensuring that all waste is properly labeled and placarded in appropriate containers prior to transportation. His knowledge of shipping documentation is also vital for the safe, efficient and proper transportation of our customers' waste. As Vice President of Business Development and Sr. Account Manager at Belshire, Brian is responsible for managing the accuracy and efficiency of all aspects of staff assigned projects, as well as coordinating individual projects himself. Brian prepares and/or reviews cost proposals/project budgets, coordinates staff/subcontractor tasks and data collection, evaluates analytical data reports and waste classification decisions, and compiles written reports. Brian effectively manages environmental projects ranging in size from $100 to over $1,000,000. Many of these projects have been public agency, transportation and utility related. Some of Geocon's experience with Belshire Environmental Services includes: • City of San Diego, San Diego Convention Center Ph lii • City of Chula Vista and San Diego Metropolitan Transit System, Transit Oriented Mixed Use Site, Chula Vista, California • City of Los Angeles Bureau of Engineering, On -Call Geotechnical Engineering Services, Los Angeles, California City Council 17 —110 11/21/2023 Geocon 2023-333 Page 17 August 28, 2023 �/J City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services EOCON ORGANIZATIONAL CHART OF PRIMARY STAFF City of Santa Ana Project Manager Jelisa Thomas Adams, GE Senior Engineer Quality Assurance/ Quality Control Neal Berliner, GE Key Professional Staff Gerald Kasman, CEG Senior Geologist Petrina Zen, PE Project Engineer Laboratory Services Phillip Stephens Regional Laboratory Manager Sergio Ingco Laboratory Manager Multi -Certified Inspectors Alex Do Marc J. Radlinski Tyler Klingenberg Razmik Davidian Detailed resumes of the key personnel selected for this contract have been provided in Section C, Firm and Team Experience. Resumes. The personnel listed have the necessary certifications and prior experience to perform geotechnical services for the City of Santa Ana. In addition to our proposed project team, Geocon has a large staff of over 275 registered engineers, geologists, certified special inspectors, and support staff who are available to perform work on this project if the need for additional resources arises. ANTICIPATED AVAILABILITY Geocon is confident in our ability to provide geotechnical services to the City's satisfaction. We are accustomed to working on multiple, large-scale concurrent projects and working on projects with tight budgets and schedules. Our anticipated project availability is provided in the table below. Name -1 Jelisa Thomas Adams, GE Role Project Manager/Senior Engineer Project Availability 25% Neal Berliner, GE Principal Engineer 35% Gerald Kasman, CEG Senior Geologist 35% Petrina Zen, PE Project Engineer 40% Phillip Stephens Regional Laboratory Manager 40% Sergio Ingco Laboratory Manager 45% Alex Do Inspector 100% Marc J. Radlinski Inspector 100% Tyler Klingenberg Inspector 100% Razmik Davidian Inspector 100% City Council Geocon 2023-333 17 —111 Page 18 11 /21 /2023 August 28, 2023 Vol) City of Santa Ana l) RFP 23-123 — On -Call Geotechnical Engineering Services UNDERSTANDING Geocon understands the City of Santa Ana is seeking qualified Consultants to provide On -Call Geotechnical Services for future Public Works projects. We have thoroughly reviewed the contents of the City's RFP and understand that the City wishes to select consultants for on -call services for a period of three years. The Santa Ana Department of Public Works develops, operates, maintains, and upgrades the City's infrastructure. The public works projects anticipated to need geotechnical services are primarily capital improvement projects for transportation, storm drains, sewer, and water supply. The scope of anticipated services is anticipated to include performing geotechnical investigations, pavement investigations, pavement condition surveys, pavement rehabilitation design; performing review of project plans and specifications; and providing construction inspection, materials testing, and laboratory testing services in conformance with the City's and/or Caltrans' Quality Assurance Program. Geocon is capable of providing the full scope of services outlined within the 17 bullet points listed on pages 2 and 3 of the City's RFP. Enclosed is our Standard Hourly Fee Schedule. In accordance with the RFP, we understand that these billing rates will be maintained through the duration of the contract. APPROACH Geocon's first priority when presented with a scope of work for a project is to review the information provided as well as any background information available to gain a thorough understanding of the project elements, needs and potential challenges. Following our analysis of the scope of work, we identify the key issues that need to be addressed, such as site conditions, characteristics, access, urgency, schedule, and weather considerations. As a matter of professional practice, we regularly review federal, state, and local agency codes, including County and City standard specifications and details to ensure that our services meet the standards adopted by the respective agency. Following this review, we then create an proposal that addresses the requested needs of the project along with any key issues we have identified. Our primary goals are to perform our field investigations with minimal environmental and social impact and to effectively evaluate the geotechnical and geological conditions at the project site and develop cost-effective solutions for geotechnical-related design while maintaining our ethical obligation of protecting the safety, health, and welfare of the public. Our approach for providing geotechnical engineering services typically includes the following: ✓ Geocon's Project Manager receives task order request from City staff. ✓ Geocon's Project Manager will review project information and develop a project -specific scope of services and estimated fee. ✓ Geocon personnel collaborate with City staff and to review the City's expectations for the project, County, State, and/or Federal funding or technical requirements, and any project -specific challenges. No two projects are the same and Geocon evaluates each project with a wide perspective to avoid missing details that would otherwise lead to delays or additional costs. ✓ The proposed scope and fee are reviewed by the City and a final scope and fee are negotiated. ✓ The Geocon team performs the authorized services as requested by the City. ✓ Geocon submits draft reports for City review. ✓ Project deliverables (reports, plans, inspection reports, laboratory test results) are reviewed by Geocon's Project Manager prior to final submittal and finalized after incorporating any comments from the City. City Council Geocon 2023-333 17 -112 Page 19 11 /21 /2023 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services ON -CALL GEOTECHNICAL & MATERIAL TESTING SERVICE NEWPORT BEACH, CALIFORNIA Geocon is currently contracted with the City of Newport Beach to perform on - call geotechnical engineering and materials testing services. Over the course of this contract, Geocon has provided nearly $449 thousand in geotechnical and materials testing services over the course of nine projects authorized in the last year. Our services include geotechnical observation and field testing, compaction testing, and geotechnical investigations and studies. Some of these projects are summarized as follows: ANNUAL SLURRY SEAL REPAIR PROGRAM PROJECT DURATION Geocon provided as -needed special inspection and testing services during December 2018 - Ongoing construction of the Slurry Seal Program project in the City of Newport Beach, GEOCON FEE California. The repair program consisted of placing 3,600,000 square feet $640,000 of Type 1 Slurry Seal throughout the City of Newport Beach. Samples of the slurry emulsion and aggregate were taken prior to the start of the roadway sealing testing, and consisted of collecting two samples per truck per day. All samples were tested for Wet Track Abrasion, Slurry Emulsion Oil Content, and Slurry Aggregate Gradation. REFERENCE City of Newport Beach 100 Civic Center Drive, Newport Beach, CA 92658 Andy Tran, PE Senior Civil Engineer (949)644-3315 atran@newportbeachca.gov KEY PERSONNEL Jelisa Thomas Adams, GE ANNUAL CONCRETE REPLACEMENT PROGRAM Neal Berliner, GE Petrina Zen, PE Through our on -call contract, Geocon provided testing and inspection services for the Annual Concrete Replacement Program for the City of Newport Beach. The project consisted of the removal and replacement of sidewalk, curb and gutter, and driveway entries at various locations. The project predominantly consisted of unreinforced concrete; however, select areas required reinforcing, which Geocon also provided inspection. Our services included collection of concrete samples, observation of rebar placement, and compressive strength laboratory testing. NEWPORT CENTRE FIRE STATION Through our on -call contract, Geocon conducted a limited geotechnical investigation for the proposed addition to the existing fire station structure for the City of Newport Beach. The scope of the investigation included a site reconnaissance, field exploration, laboratory testing, engineering analysis, and the preparation of a final report. The proposed project consisted of a new 414 square foot building addition constructed adjacent to the existing structure. The existing structure is supported on belled caissons which extend approximately 10 feet below the slab -on -grade of the existing structure. Geocon made design recommendations for the end -bearing caissons, concrete slabs -on -grade, preliminary pavement recommendations, temporary excavations, and surface drainage. ARTERIAL HIGHWAY REPAIR Geocon performed testing services and a geotechnical observation for the Arterial Highway Repair Project. We performed in -place density tests on asphalt concrete placed and testing for street improvements. Geocon's ultimate opinion was that the grading and placement of engineered materials performed in conformance with the project plans. City Council Geocon 2023-333 17 -113 Page 20 11 /21 /2023 August 28, 2023 Vol City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services CITY OF ANAHEIM ON -CALL MATERIALS TESTING, DEPUTY INSPECTION, & ENVIRONMENTAL ENGINEERING SERVICES ANAHEIM, CALIFORNIA Geocon is currently contracted with the City of Anaheim to provide materials testing, geotechnical engineering including analysis and testing, environmental assessments, and review of environmental reports. Some of the projects we have performed services on for the City are as follows: RESIDENTIAL STREET IMPROVEMENT PROJECT, WILLOWBROOK AND RIVERDALE, GROUP 1 Geocon is currently providing as -needed geotechnical, material testing, and inspection services during construction of pavement improvements in the L Willowbrook and Riverdale neighborhoods in Anaheim. The project entails approximately 1,312,000 square feet of grind and overlay and 1,035,000 square feet of slurry seal. Work which requires geotechnical and materials testing and inspection services for the project includes Asphalt Concrete (AC) materials sampling and laboratory testing; batch plant inspection; AC materials / compaction testing; providing proactive feedback to the City Project Manager and Contractor to identify areas that may affect the paving operation and recommend alternatives to avoid potential delays; and maintaining effective records of communication and material testing reports. REFERENCE City of Anaheim 200 S Anaheim Blvd, Ste 276 Anaheim, CA 92805 Lorenzo Rea, Project Manager (714) 765-6893 Irea@anaheim.net KEY PERSONNEL Jelisa Thomas Adams, GE MISCELLANEOUS WATER VAULTS PROJECT DURATION May 2022 - Ongoing GEOCON FEE $99,100 Geocon is currently providing as -needed geotechnical and material testing and inspection services during the Miscellaneous Water Vaults 10, 29, 49, & 94 (RCP 2020-17927) and 26, 33, and 55 (RCP 2021-18474) capital improvement projects. The projects generally consist of the rehabilitation and/or abandonment of seven total miscellaneous water vaults located in the City of Anaheim. The scope of work consisting of soils / aggregate inspection and compaction testing; asphalt concrete (AC) inspection, compaction testing, and sampling; and structural or non-structural concrete observation and strength testing. Work which requires geotechnical and materials and testing and inspection services are anticipated to include observation of trench and excavation bottoms; observation as well as field and laboratory testing of soil and aggregate material; observation as well as field and laboratory testing of asphalt concrete; observation and testing of structural and non-structural concrete for pipe and elbow supports as well as curb and gutter; providing proactive feedback to the City Project Manager and Contractor to identify areas that may affect the paving operation and recommend alternatives to avoid potential delays; and maintaining effective records of communication and material testing reports. City Council Geocon 2023-333 17 -114 Page 21 11 /21 /2023 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services CITY OF GARDEN GROVE ON -CALL GEOTECHNICAL SERVICES GARDEN GROVE, CALIFORNIA Geocon currently holds an on -call geotechnical, materials, testing and inspection services contract with the City of Garden Grove. We have completed numerous pavement restoration projects including arterial streets, residential roads, storm drains, and a variety of public improvement projects. Some of these projects are summarized below: VARIOUS RESIDENTIAL AND ARTERIAL STREETS IMPROVEMENTS PROJECTS REFERENCE City of Garden Grove 11222 Acacia Parkway, P.O. Box 3070 Garden Grove, CA 92842 Navin Maru Project Engineer (714)741-5600 navinm@ggcity.org KEY PERSONNEL Jelisa Thomas Adams, GE John Stapleton, PE PROJECT DURATION May 2020-Ongoing GEOCON FEE $224,200 Geocon provided testing and observation services during the street improvement project in the City of Garden Grove. The project would result in an improved roadway surface and minimize maintenance efforts. The purpose of the testing and observations was to determine that the specifications required for the project were met. We performed in -place density tests, laboratory tests, and prepared a report summarizing our testing and observation findings. Geocon concluded that the preparation of the paving subgrade soils and the placement of engineered materials had been performed in substantial conformance with the requirements of the City of Garden Grove and the project plans. VARIOUS STREETS AND STORM DRAIN IMPROVEMENTS Geocon performed a limited geotechnical investigation as part of the Acacia -Josephine Storm Drain Project for our on -call contract with the City of Garden Grove. The project was to improve the street pavement, which had rutting and cracks, as well as adding a storm drain to improve poor drainage conditions. The planned rehabilitation is meant to extend the roadway to meet a 20-year design life. During the investigation we performed a site reconnaissance, a visual evaluation of the existing pavement conditions, coring of the existing pavement, advancing borings, sampling the subgrade soils and groundwater, laboratory testing, and engineering analysis. Geocon found that the roadways showed signs of moderate to severe distress, potholes, and raveling. Our reconnaissance observed streets that had ponded water, likely due to poor drainage. Geocon's opinion was that the construction of the proposed improvements could be performed provided their recommendations were followed and implemented during construction. ACACIA-JOSEPHINE STORM DRAIN UTILITY POTHOLING Geocon performed potholing services for the Acacia -Josephine Storm Drain project in the City of Garden Grove. The purpose of the work was to obtain the size and type of pipe, measure the depth of cover from finished grade to the top of pipe; and measure horizontal control from centerline of the streets. After the utilities were exposed and the desired measurements obtained the surface was restored with asphalt or concrete. The project is currently under construction and Geocon has been retained to provide geotechnical and special testing and inspection services. City Council Geocon 2023-333 17 —115 Page 22 11 /21 /2023 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services SOUTH MAIN STREET CORRIDOR SANTA ANA, CALIFORNIA REFERENCE City of Santa Ana C/O Butier Engineering, Inc 17822 East 17th St, Ste 404 Tustin, CA 92780 Mark Butier, President (714) 832-7222 jrbutier@butier.com KFV PFRCriNNF1 Jelisa Thomas Adams, GE John Stapleton, PE Scott DeVol Tyler Klingenberg As a valued member of many project teams, Geocon was exclusively invited Marc Radllnskl to provide testing and inspection services during the South Main Street PROJECT DURATION Corridor Project. This was done to ensure the timely completion of the City's May 2021-September 2021 project as construction commenced while the City was in the process of finalizing negotiations with their group of on -call consultants. The project GEOCON FEE consisted of corridor improvements, street rehabilitation, and sewer $87,000 improvements. The scope of work included pavement rehabilitation, enhancing PCC crosswalks and intersections, decorative and lighting improvements, landscaping and irrigation, 2037 linear feet of sewer main and lateral replacement, and railroad coordination. Geocon provided testing and observation services during the backfill of sewer main and lateral line trenches, and the preparation of pavement subgrade, and asphalt placement and compaction. Our scope of work included: • Performing inspection and approval of excavation bottoms prior to placing fill. • Performing in -place density tests on the soil, base, and asphalt materials placed and compacted. • Performing laboratory tests to aid in evaluating the compaction characteristics of soil types used for fill, as well as the properties of the asphalt concrete • Transmitting results effectively and immediately via verbal and written communication to the Contractor and City project liaison. • Preparing a report documenting our observations and testing services through the completion of our engagement on the project to facilitate a smooth transition and project completion. In -place density tests were performed in conformance with ASTM Test Method D6938 (Nuclear Density Gauge) for soil and soil -aggregate and D2950 for asphalt concrete. Laboratory tests were performed on the materials used as engineered fill to evaluate moisture -density relationships, optimum moisture content and maximum dry density. City Council Geocon 2023-333 17 —116 Page 23 11 /21 /2023 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services C'rEOCC7N Geocon has no exceptions to the City's Sample Master Service Agreement. City Council Geocon 2023-333 17 —117 Page 24 11 /21 /2023 August 28, 2023 Vol City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services City of Garden Grove Navin Maru Project Engineer City of Newport Beach Andy Tran Senior Civil Engineer City of Anaheim Lorenzo Rea Proiect Manaaer On -Call Geotechnical Services On -Call Geotechnical Engineering & Material Testing Services On -Call Materials Testing, Deputy Inspection, & Environmental Enqineerinq Services navinm@ggcity.org atran@newportbeachca.gov Irea@anaheim.net City Council Geocon 2023-333 17 —118 Page 25 11 /21 /2023 August 28, 2023 Vol) City of Santa Ana l) RFP 23-123 — On -Call Geotechnical Engineering Services WORK PHASES GEOTECHNICAL ENGINEERING We provide geotechnical engineering services to a broad spectrum of clientele including public agencies, developers, design professionals, and the construction industry. We are a full -service geotechnical consulting firm capable of performing the field, laboratory, and engineering analyses for a project with in-house staff and equipment. All projects are managed with the ultimate goal of producing technically sound and economically feasible solutions. This is achieved by considering construction costs and client needs in conjunction with site conditions and engineering requirements. Our innovative and practical solutions to complex geotechnical problems have resulted in a substantial percentage of repeat -client work. We offer expertise in the following areas: • Geotechnical Investigations • Due Diligence Geotechnical Evaluations • Geotechnical Feasibility Studies • Percolation and Infiltration Testing • Geophysical Studies • In -Situ Testing • Shallow & Deep Foundation Design • Pavement Studies • Liquefaction Analysis • Seismic Hazard Assessments • Seismic Retrofits ENGINEERING GEOLOGY • Slope Stability Evaluations • Landslide Evaluations • Fault Studies • Vibration Monitoring • Inclinometers / Piezometers • Settlement Monitoring • Value Engineering / Peer Review • Ground Improvement Evaluations • Plan and Specification Review • Construction Management Support • Laboratory & Materials Testing In conjunction with our geotechnical engineering services, Geocon provides engineering geology support for our public and private sector clients. Our in-house staff provides a full range of engineering geology services from feasibility studies and geologic investigations to professional review of projects. Projects are managed by a Certified Engineering Geologist or Geotechnical Engineer with oversight by a principal of the company to produce technically sound, defensible, economically practical, and achievable solutions to complex geologic problems. We accomplish this by considering costs and client needs relative to the schedule, site conditions, and technical requirements of projects. Clients appreciate our innovative and practical solutions to complex geological problems and rely on us for advice and consultation. Geocon's experience and that of our individual staff members provides our clients with expertise in the service areas listed below. • Geological Feasibility Studies • Due Diligence Geological Evaluations • Geologic Hazard Reconnaissance & Mapping • Slope Stability Analysis • Landslide Evaluations & Investigations • Seismic Hazard Assessments • Fault Studies • Geophysical Studies • Geological Explorations & Investigations • Geologic Mapping • Subsurface Mapping • Geotechnical Instrumentation & Monitoring • Naturally Occurring Asbestos Surveys • Background Metals Studies • Mineral Resource Evaluations • Mine Reclamation Plans • Abandoned Mine Hazard Assessments • Hydrologic Investigations • Groundwater Resource Evaluations • Well Design / Wellsite Supervision • Plan & Specification Review • Construction Management Support • Settlement Monitoring • Forensic Studies • Peer Review City Council Geocon 2023-333 17 -119 Page 26 11 /21 /2023 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services +GEOCON CONSTRUCTION INSPECTION To confirm compliance with our engineering recommendations, we are commonly retained to provide quality control testing services during construction. We also provide a full range of special inspection services. Our field technicians and inspectors maintain current certifications including International Code Council (ICC), National Institute for Certification in Engineering Technologies (NICET), American Concrete Institute (ACI), and State of California Department of Transportation (Caltrans), as well as required certifications from the cities and counties where work is performed. Our construction inspection services are as follows: EARTHWORK AND FOUNDATIONS • Site Grading Observation • Sloping / Compound / Excavations / Shoring • Underground Utility Installation • Subgrade Preparation • Chemical Treatment • Geotextile / Rock Stabilization • Base and Paving Placement • Spread Footing / Grade Beam Construction • Conventional / Post -Tensioned Mat Foundation Construction • Drilled / Driven Pile & Pier Installation • Micro -Pile Installation • Tie -Back Anchor / Soil Nail Installation • Stone Columns / Vibrocompaction / Deep Dynamic Compaction • Compaction Grouting LABORATORY TESTING DEPUTY / SPECIAL INSPECTIONS • Reinforcing Steel / Shotcrete Placement • Concrete Placement / Curing • Pre -Stressed / Post -Tensioned Concrete • Shotcrete • High -Strength Bolting • Drilled -In -Anchor Installation • Structural Steel Welding / Welding Qualifications • Structural Wood • Steel & Welding Fabricator Shop Inspections • Batch Plant Inspections • Reinforced Masonry Construction Our in-house soils and materials testing laboratories are certified by the American Association of State Highway and Transportation Officials (AASHTO), State of California Department of Transportation (Caltrans), Cement and Concrete Reference Laboratory (CCRL), Division of State Architect (DSA), and City of Los Angeles. Testing of soil, aggregate, asphalt concrete, and Portland cement concrete is performed in accordance with published test procedures such as American Standards for Testing Materials (ASTM), Caltrans, USACE, AASHTO, or the governing building code. Our in-house, 400,000 lb. Universal Testing Machine (UTM), manufactured by Southwark -Emery, is capable of testing up to a #18 Rebar, as well as high strength bolts and nuts. In-house quality assurance programs are maintained to provide professional -level accuracy and reproducibility acceptable to current industry standards. This is accomplished by internal staff training, calibration of appropriate testing apparatus by certified independent agencies, and periodic inspection by outside accredited testing and inspection agencies. Our testing laboratory provides soil and materials testing services and is extensively equipped and staffed with trained, qualified personnel and registered engineers who oversee laboratory testing. Laboratory reports will be distributed (pdf email) to project teams as testing is performed and failing tests will be reported immediately. Our laboratory services are available 24 hours a day, 7 days a week. Our laboratory testing services are as follows: • Soil Compaction Curves • Soil Corrosion • Soil Index Properties • Concrete / Asphalt • Soil Shear / Compressive Strength Properties • Masonry / Grout / Mortar • Soil Consolidation / Expansion • Rebar, Yield and Tensile Strength • Soil Grain Size Analyses / Gradation • Bolt Assemblies • Soil PavPmPnt Stahility City Council 17 - 120 11/21/2023 Geocon 2023-333 Page 27 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services C=EOCO)N TAS KS Geocon will provide the following under this on -call contract: 1. Project Management - The Consultant shall be responsible for project management activities throughout the life of the contract. The scope of activities includes but is not limited to, coordinating and being responsible for scheduling meetings, managing the project schedule, preparing and distributing minutes, field reviews, tracking action items for the City of Pasadena and consultant sub- contractors, and preparing all submissions for the City of Pasadena to submit to Caltrans Local Assistance. 2. Construction Administration - Perform construction administration including the following: attending pre- construction meeting or progress construction meetings; submittal and shop drawing reviews in conformance with the contract documents; and responses to the RFIs. Consultant shall respond to submittal and shop drawings within 7 working days and within 3 working days for RFIs to the City's Project Manager from the date documents are received from City staff. 3. Project Documents: Plans, Specs, Schedule, Estimate - Geocon will prepare project documents (i.e., project specifications, project plans, bid schedule, and estimate) in adherence to applicable codes and standards. Geocon will also perform quality assurance checks to ensure the accuracy and completeness of project documents. 4. Engineering Peer -Review- Review and evaluate engineering geology and geotechnical engineering reports including, but not limited to, geotechnical sections of Environmental Impact Reports (EIR). Provide the City staff with specific recommendations regarding the acceptability of such reports and provide detailed review comments to bring the report in compliance with City requirements. 5. Plan Review - Geocon will review foundation and grading plans for proposed development projects to ensure compliance with applicable geotechnical recommendations. 6. As -Built Review - Geocon will review "As Built" geotechnical engineering and geological reports for adequacy/completeness. 7. Field Observation & Recommendations - Geocon will provide field observation and recommendations as to adequacy / completeness during grading or during other geotechnical aspects of construction projects, as requested by the City. Geocon will also review field testing procedures being implemented by the developer's geotechnical consultant, if so requested by the City. 8. Geotechnical Investigations - Geocon will perform geological studies, geotechnical testing, geotechnical-engineering evaluation, and design mitigation measures for landslides and publicly - owned properties. Work shall be performed under the direct supervision of a registered California Geotechnical Engineer (GE) and California Certified Engineering Geologist (CEG). 9. Materials Recommendations - Geocon will review and make recommendations for backfill, excavation, dewatering, utility trenches, drainage, and typical sections for pavement. 10. Field Monitoring - Collect, compile and review field monitoring data. Evaluate data trends and provide periodic communication with City staff regarding data analyses. Maintain databases of monitoring and maintenance records. Provide Geographic Information System and mapping services. 11. Reporting for NPDES Permitting - Geocon will prepare annual report summarizing monitoring data and maintenance operations. Furthermore, Geocon will prepare quarterly and annual reports for submittal to the Regional Water Quality Control Board in accordance with NPDES permit requirements. City Council Geocon 2023-333 17 — 121 Page 28 11 /21 /2023 August 28, 2023 <0) CIEOCON City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services 12. Geological Hazard On -Call Emergency Response - Geocon will provide 24-hour on -call emergency response services as necessary to evaluate existing or pending geological hazards (or damages resulting therefrom) to public or private property, including earthquakes, landslides, mud / debris flows, flooding, fires and other natural hazards. When requested, Geocon will provide recommendations to the Building Official regarding the necessity for yellow -tagging or red -tagging structures threatened by geological hazards. Geocon will coordinate emergency services with FEMA / OES representatives and perform work in accordance with FEMA/OES guidelines in order to ensure maximum recovery of incurred costs. 13. Litigation Support - Provide litigation support, expert -witness testimony, and conduct geo-forensic studies in support of City -related litigation. 14. Attend Public Meetings - Geocon will attend community meetings and pre -bid conference, if required for the project, and respond to the bidder's technical questions via addendum that will be prepared by the City's Project Manager; Geocon will also make presentations to City Council, public, and other agencies as requested by City staff. 15. Change Order Review - Geocon will be available to the City to assist with the review of any contract change orders that may arise during the construction phase of the project; Geocon will also prepare supplemental documents such as bulletins, drawings and/or details, as required to facilitate changes in the work as may be necessary, or where it is determined more information is needed to complete the work. DELIVERABLES As a full service geotechnical engineering firm, Geocon intends to provide the City with geotechnical and geologic engineering services which may include subsurface geotechnical, geological and hydrogeological investigations, seismic studies, roadway rehabilitation and design, ground penetrating radar to determine asphaltic concrete thickness and location of utilities, design and testing for water system installations, laboratory testing, and report preparation. The following services are anticipated to be required per the RFP. We have also included estimated timeframes and notes regarding Geocon's method of delivery. Geocon will furnish all necessary field equipment, survey equipment, and other supporting equipment and consumables. Our staff possesses a strong ability to provide diverse professional expertise in our service disciplines and through multi -certified personnel we will provide any or all services as applicable to this service category as outlined in the RFP. • Consult with authorized employees, agents and representatives of the City and other agencies having jurisdiction relative to the geotechnical/materials testing and inspection of the project. Geocon is accustomed to managing projects under public works process where a multi -level jurisdiction takes place. Geocon communicates with each team member and maintains a transparent communication pattern. • Attend meetings as scheduled by the City for the purpose of obtaining data pertaining to the project. Geocon works well with members of the project team and we make every effort to contribute innovative approaches to project designs which save our clients time and money. • Obtain and test soil samples. Prepare and submit preliminary geotechnical investigation and recommendations prior to the beginning of construction. Geocon will schedule an appropriate time to arrive on site with a drill rig to obtain soil samples at appropriate depths for each assigned project. Geocon will prepare a geotechnical investigation report which will detail our findings, recommendations and conclusions giving the City plenty of time to review and consult prior to construction begins. • Provide geotechnical/materials/ testing and/or inspection services during the construction of the project. By providing a multi -certified inspector on site during construction, Geocon will save the City time and budgetary funding. City Council Geocon 2023-333 17 — 122 Page 29 11 /21 /2023 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services +GEOCON • Test designated construction materials for compliance with project plans and specifications. Geocon will provide materials testing through our accredited in-house quality assurance testing laboratory. • Report all work observed on a daily basis and report material test results immediately upon completion of testing. Geocon provides daily field reports to all requesting parties at the end of each day on -site, and at the completion of the project in a compiled report. • Promptly prepare and submit written reports documenting all geotechnical/materials testing and inspection services performed. Geocon's reporting process includes all findings and documentation incurred during all services performed a minimum of 24 hours or sooner if necessary. • Advise the City as to the acceptability of materials tested and inspected. Geocon considered by many as a trusted advisor, we will always be available to the City, regardless of project assignment to answer any questions or to advise on what to do in the event of failure in materials tested and/or inspected. We do not charge for advice. • Participate in final inspection of the project and advise City as to acceptability of work performed by construction contract. To maintain consistency, Geocon will provide a lead multi -certified inspector who will participate in the final inspection of the assigned project, together we will advise the City as to the acceptability of work performed by the construction team. • Prepare final geotechnical report. Geocon will prepare a final geotechnical report for each geotechnical investigation performed under this contract and will furnish said reports in a timely manner. • Services shall be performed as requested by the City and shall conform to the contract documents, Title 24 of the California Administrative Codes, Underwriter's Laboratories, American Society of Testing and Materials, and other code authorities. Geocon is very familiar with local, state, federal, and other code authority requirements. Our services will be performed to project and applicable code specifications. We keep all our staff up to date on any changes that may occur in code requirements. SCHEDULE/TIMELINE In order to maintain project schedules and minimize delays, Geocon maintains regular communication with clients throughout project durations. Our staff understands the importance of direct client communication concerning the scope of work, project milestones, and project deliverables. It is important that Geocon has a clear understanding of the project and client expectations before commencing work. Through advanced planning and establishment of project milestones, potential impacts on the critical path are flagged early to allow for contingency planning, which minimizes risks to the project including delays and budget overruns. Geocon regularly completes projects on schedule and is conscious of the importance of timeliness during report preparation and when responding to questions from the project team throughout the project duration. Documents are provided to the project team in electronic (pdf) format to keep projects moving forward in an expeditious manner. Our laboratory is staffed by seasoned technicians and is open 17 hours per day to expedite laboratory results and complete reports ahead of schedule. Reports are typically sent electronically via email and by hard copy via overnight mail once completed. This allows the project team more time to complete their tasks while waiting for the final documents. Our staff is accustomed to mobilizing on relatively short notices, provides deliverables in a timely manner, and has proven its ability to provide services for multiple, large-scale projects concurrently while adhering to project schedules. City Council Geocon 2023-333 17 - 123 Page 30 11 /21 /2023 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services *Our fee proposal is submitted in a separate document per the instructions in the RFP. City Council Geocon 2023-333 17 — 124 Page 31 11 /21 /2023 August 28, 2023 Vol City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services CGEOCON ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT Appendix ATTAii= 11NIENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS 120-00I.LUSION AFFIi1AV_r_r ('Tilt 23 United SLmt E CWc Swion 112 end Nblic Canhw Coale Sectima 7106) To tiv MY OF SA Tll'A ARIA DE?ARTME9>fT OF PUBLIC WORKS :, actnwdanee wlill Title 23 United Stoics Code+ ScrAiaan 112 and Public Conmict Cork 71M [he 131DDER dcelares that d-te bid Is r}at trmde in dw interest of, or ctri behalf of, any undlol d persaan, pnrtneNlip, company, Jl9 aciatiion, orgininitian, or corparatio4 that the had is genuintr gild nat rotlu:sive of Shan.; lint the BIDDER Isms imt dlrectly or indiree_tly induced or solicited any athor DIDDER io pot in a false or sitt m bid, and has not dirculy or indirectly colluded,-upired, etxrtnived or aimed with any DIDDER or anyone else in pall iit a sham bid, L3r Chit.. any.}sac sisal} terrain from Kidding-, that 9tc BIDDER hus not fn any mwmr, directly or indirecdy. sauji it by agreernmt, cams U.inicaatinri, or conrcreme YA(h tii'ipcou tii fix the bid prise of the BIDDER Par any BIDDER, or to `'ix i'my-nverheud, parolit, or cost clamenl of the bid prluc, or of than of any other BIDDER, or to scxure any advantage against die public body awarding the contract of anywic inwroted in i#at: pro"ed vimirmi,, that otl siaticitit:alts comitimod in the Bill ore inw, and. ranhcr, thm tha 310DE.R has not, directly or indirect$y, suhtnitt,ed his cc her bid price Or any bmakdown Lb"u'af, or ONE .i2twtenis thcmnr, or divolLmd iriliwarlion or data relative thereto, or paid, and will not pap, uny fcz to any aorparatian, partnership, iavmp=y aswiation orpisl aluaat, bid depmsitnry. or 10 any member or ng*m thcrenrio efTecruntva calhisive or chum laid. *Jute; The above Mon -collusion Af idwvit is part nr the Proposal. Signing this Proposal on d w 9agllati tre portlrril thereat shall ads. gSl4Wte sigpaitire Dr tint: AIeHt 011lts�ait Afiirlavlt. BIDDERS are caudoned dons making a falsr call tir<mkm may rtuhjw the +cerli r`, to crirniinol 'prt9KC.Litim. Signed skwe or calirornia trity Of Subpoibed and xwtl,ti to far wflimrcdi befrrrc im rm day a1' , 20� by , pmwd to me nn the bn4q of vimy �evideme io be the petwn(s) wbo ap;pearcd -Notay l+lalWy Ftablk Seat GiIY of 5ana Ana Rf:P;5-1'23 Poge A3-1 City Council Geocon 2023-333 17 — 125 Page 32 11 /21 /2023 August 28, 2023 Vol City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services ACKNOWLEDGMENT A notary puNip tnr nth iRr officer conVieting this I vartMosti viarifias aniy the identity of the lndiwlrlual who signed the documenttn Wnti�h This cartlfjcale is atlachetl, and not Iho traathfitrw , acvur i, or validlty of thal docum€ant Stale of California Countu of SAN DIEGO � On AUGUS7 10r 2023 before me, LISA 30 DUNCAN (insert name and flips Of She dicer} personaoy appeared WILLIAM LYDON who prayed to me on the basis of satLsfavlory gvictentQ be tl►te pavxm(s) whose nama(s) Ware subscrfbed is the vw &Wri irisWurnent and acknotMedged to rrm that fielsherFthey executed the same in hi Aerilhelr auftr¢ed eapadty(les}, and Mai by hhVhPFAheir signature(s) cm the Instrument thfa persons), or the enllty upon behalf of which Ilse pay wn(s) acbEd, execulad the ir*tnument, f cartify under PENALTY OF PERJURY under the IsWs of the Stale of Callfafnle that the for ding paragraph Is #rue and a orrarl, WITNESS my hand and officfal lseal. y^uvYNattl�• W14/rtll� ka_� tu�srElai:�, r ISf�� Sigtaatl�re _ -- (goal) City Council Geocon 2023-333 17 — 126 Page 33 11 /21 /2023 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services GEOCON ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION Appendix AIIACH_IIE N 1 3-1: N O -LOBBYING CE TIFICA11ON CERTIFICATIONS The prospecti-ve particip= certifies, by signing and wbinitting this bid to proposal, to the best of his of her ]knowledge and belief that: 1. -No fidaral appropriated f mds have been paid or -Pill be paid_. by or on behalf of the undemped, to any person for influencing or atlflanapting to influence an officer or employee of any federal ammey, a -Member of Congress. an officer or empla ee of Congress- or an employee of a Member ofC oq s in conmction with the awarding of any federal contract- the m>a of any federal grant, the m &hV of any federal loan; the entering into of any cooperative agreement, and the eodensim contmnauon, renewal- amendment. or modification of any federal contract. gramt, 1&w crmopomf ee agreement. 2. If any fimds other than federal appropriated fiords hn;e be4. paid or will be paid to my person for inf1mmcing or attempting to niffix c e any officer or employee of my federal agency, a Member of C'okuess. an officer or employe of Congress, or an employee of a der of Congress in comnectionwiththis federal contract, grant loan_ loan orcooperad%T agreement: the undersigned shall complete and subnrit a "Disrloswe of Lobb)qng Acttighes 7. This ceatifiti dtion is a material Wese=tion of fact upon which reliance was placaeddwhm this transaction was made gar emttered into- Submission ofthu certification is a preregw Site for mabm~ or entering into this aunsacuon imposed by Section 1352, Title 31, U. S. Code.Any person who fails to file the required certification shall be subject to a civil alty penof net less th m $10-000 and nr.+tmue than $100,000 for each suchfai:hue. The ,pirospecti-oe participant also agrees by subnntt aig his or her bid or proposal. that he of she shall require that the lantma.--e of this certification be included in all lower tier subcontracts. -which exceed $1 D D.WO and that all such sub recipients shall certify and disclose accord 4y. Firth raecrcc 4VPest Ino. '• �_ i` L. 4�)L _,- r�+iti,; }-, • h _ Jetisa Thous Rdarns Signed and Printed Name: 5 ' Title Vice President P er 2Q23 Dire City of Safrta Ana RFP 23-123 Page A3-2 City Council Geocon 2023-333 17 — 127 Page 34 11 /21 /2023 August 28, 2023 City of Santa Ana RFP 23-123 — On -Call Geotechnical Engineering Services GEOCON ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION Appendix ATTACH-MENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultaw or corporate officer_ during the perfannance of this contract_ certifies as faun s: Tile Consultant shall not discriminate a�eamst any employee or applicant for emplo}mient because of rage; color, religion_ sex, or national origin. The Consultant shall take affumiative action to enstwe 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: empla}mesh, upgrading, demotion, or tt=fer; feenntment or recruitment a&-ertising: layoff or tennn i atio L, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The C'+omultant 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- _'. 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 represeutatnT of workers with which he!she has a collectivi- 6arpin ng agreement or other contract or understanding, a notice to be provided advising the said labor union or -workers: representatives of the Consultants commitments under this section, and shall post copies of the notice irk conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all prcmisions of Executive Chrder- 11246 of September 24, 1965_ and of the rules_ regulations.. and relevant orders of the Secretary of Labor. 5. The Consultant shall frirrtish all information and reports required by Executive Carder 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 boobs, records, and accounts by the administering agency and the Secretary of Labor for purposes of in-vestigatiou, to ascertain compliance with such rules, regulations, and orders_ 6. In the event of the Consultant's non-compliance with the uondiwiimination clauses of this contract or with any of the said rules, regulations, or orders_ the contract may be canceled, terminated or suspended L u 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 prox-i€ted in Executive Order 11246 of September 24, 1965, or by rule_ regulations, or order of the Secretary of Labor, or as otherwise provided by lain. +. 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 of Santa Ana RFP 23-123 Page A3-3 City Council Geocon 2023-333 17 — 128 Page 35 11 /21 /2023 August 28, 2023 Vol of Santa Ana RFP 23-123 - On -Call Geotechnical Engineering Services by rules, regulations, ar orders of the Secretary of Labor issued pursuant to Section 204 of Executi-m Order 11246 of September 24, 1965, so that such provisions will be binding upan each subcontract ar purchase order as the ministering ag y may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however. that in the event the Consultant becomes involved in, or i; threatened with, litigation with a sub-, omultant or vendor as a result of such direction by the ado,inistering agency, the Conmiltam may request that the United States enter into such litigation to protect the interests ofthe United States. 8. Pursutant to California Labor £'ode Section 1735, a added b'i' Chapter 643 Stats. 1939, and as amended.. No discrimination shall be made in the employmment of persons upon public works because of race, religious creed, color. national oiYga, ancestry,, physical Handicaps. mental condition_ marital status, or sex of such persons, except as pro%ided in Section 1420, and any consultant of public works violating this Section is sect to all the penalties imposed for a z^iolatioa of the Chapter. Sited: , derrt Title_ C*oxo+ west Inc- Firm - Date: W, Aa28.2M City of Santa Ana RFP 23-123 Page A3 4 City Council Geocon 2023-333 17 — 129 Page 36 11 /21 /2023 August 28, 2023 EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates, if applicable City Council 17 — 130 11/21/2023 2023 SCHEDULE OF FEES PROFESSIONAL SERVICES Word Processor/Non-Technical Assistant/Draftsman/Dispatcher.................................................................................................... $95/hr Engineering Assistant/Lab Technician............................................................................................................................................. 95/hr Engineering Field Technician (Earthwork/Compaction TestingBackfill) ....................................................................................... *85/hr Special Inspector (Concrete, Rebar, Masonry, Welding, etc.).......................................................................................................... *90/hr Engineering Inspector (Bottom Approval / Shoring / Foundations / Piles) ...................................................................................... *I I0/hr LA City Deputy Grading Inspector (Bottom Approval / Shoring / Foundations / Piles).................................................................. * 125/hr StaffEngineer/Geologist.................................................................................................................................................................. * 125/hr SeniorStaff Engineer/Geologist....................................................................................................................................................... * 135/hr ProjectEngineer/Geologist............................................................................................................................................................... * 145/hr Senior Project Engineer/Geologist................................................................................................................................................... * 155/hr SeniorEngineer/Geologist................................................................................................................................................................ * 175/hr AssociateEngineer/Geologist.......................................................................................................................................................... *200/hr Principal Engineer/Geologist/Litigation Support ............................................................................................................................. 400/hr AttorneyFees (General)................................................................................................................................................................... 500/hr Depositionor Court Appearance...................................................................................................................................................... 550/hr Overtime/Saturday Rate/Night Rate (7pm — 6am w/ 8-Hour minimum per call out) ....................................... 1.5 X Regular Hourly Rate Sunday and Holiday Rate..................................................................................................................................... 2 X Regular Hourly Rate Minimum Field Services Fee per call -out, 4 Hours (if 4 hours or less), 8 Hours (if more than 4 hours and less than 8 Hours) Short -Notice Cancellation, 4 Hours (if after 4 pm of the day prior to the scheduled inspection time) Short -Notice Cancellation, 4 Hours (upon or after arrival at jobsite) *Prevailing Wage (PW) California Labor Code § 1720, et. Seq add $50/hr ................................................................................................................................................................................................................................................................................................................................................................................ . TRAVEL .....................................:...:...:...:...:...:...:...:...:...:...:...:...:...:...:...:...:...:...:...:...:...:...:...:...:...:...:...:...:...:.................................................................................................................................................................................................................. Personnel......................................................................................................................................................................... Regular Hourly Rate Subsistence(Per Diem)................................................................................................................................................................... $300/day VehicleMileage............................................................................................................................................................................. 0.75/mile ........................... . EQUIPMENT, MATERIALS, & ANALYTICAL TESTS ......................................................................................................................................................................................._...................................................................................................................................................................................... Nuclear Density Gauge / Sand Cone Testing Equipment...... $10/hr 55-Gallon Drum.................................................................... 120/ea Vehicle.................................................................................... 10/hr Visqeen (6 mil 20X100').................................................... 135/roll Special Inspection Equipment .................................................. 5/hr Traffic Cones/Barricades ..................................................... 35/day Asphalt Cold Patch/Concrete................................................30/bag TPHg(EPA 8015B)................................................................ 70/ea Double Ring Infiltrometer Equipment.................................200/day TPHd/TPHmo.................................................. (EPA 8015M) 75/ea GPS Unit.............................................................................160/day TPH Carbon Chain Breakdown .................... (EPA 8015M) 110/ea Pick-up Truck.....................................................................150/day Methanol and/or Ethanol (EPA 8015M) .............................. 125/ea Water Buffalo........................................................................75/day Volatile Organic Compounds ....................... (EPA 8260B) 125/ea Dynamic Cone Penetrometer...............................................400/day Semi -Volatile Organic Compounds................. (EPA 8270) 225/ea Hand-Auger...........................................................................50/day PAHs (EPA 8270SIM)......................................................... 185/ea Distilled Water (5-gallon).......................................................20/ea CAM 17 Metals (EPA 6010B)............................................. 170/ea Bailer (Reusable)...................................................................35/day Single Metal .....................................................(EPA 6010B) 30/ea Bailer (Disposable)..................................................................15/ea Hexavalent Chrome (EPA 7199)........................................... 75/ea Stainless Sampling Pump.................................................$150/day Organochlorine Pesticides (EPA 8081) ............................... 110/ea Battery -Powered Pump.........................................................75/day Organophosphorus Pesticides (EPA 8141) .......................... 125/ea Water Level Indicator...........................................................40/day Chlorinated Herbicides (EPA 8151).................................... 125/ea Interface Probe...................................................................125/day PCBs (EPA 8082).................................................................. 95/ea Photo -Ionization Meter.......................................................150/day Soil pH (EPA 9045C)............................................................. 20/ea Combustible Gas Meter......................................................150/day WET or TCLP Extraction...................................................... 85/ea pH/Conductivity/Temperature Meter.................................150/day EPA 5035 Sample Kits.......................................................... 40/ea Turbidity Meter....................................................................80/day Asbestos (PLM)..................................................................... 25/ea Air Sampling Pump..............................................................80/day Asbestos (400-point count)..................................................... 50/ea Level D PPE/Decon Rinse Equipment.................................50/day Sample Compositing ................................................. 20/composite Concrete Coring Equipment...............................................285/day 48-hour Turnaround Time ...................................... 60% surcharge Generator or Air Compressor ...................................... ___ 150/dav 72-hour Turnaround Time ...................................... 40% surcharge City Council 17 — 131 11/21/2023 2807 McGow Avenue ■ Irvine, CA 92634 a Telephone (949) 491-6570 ■ OC@geoconinc.com ....................................................................... LABORATORY TESTS* COMPACTION CURVES SOIL AND AGGREGATE PROPERTIES (D698/D1557/T99/T108) 4-inch mold................................$300/ea (D422/T88) Particle Size, Hydrometer w/out Sieve ........... $250/ea (D698/D1557/T99/T108) 6-inch mold..................................300/ea (C136/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash ..... 175/ea (CT 216) California Impact...................................................300/ea (C136/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash..... 150/ea Check Point...........................................................................125/ea (C I 36/D6913/T27) Sieve, Coarse or Fine No #200 Wash.... 125/ea (D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3) ....200/set (D1632/CT312) Soil Cement Cyl. Fabrication (Addtl. Spec.) 75/ea (D1633/CT312) Soil Cement Comp. Strength (Set of 3) ....350/set (DI633/CT312) Soil Cement Comp. Strength (Addtl. Spec.) ...............................................................................................125/ea SOIL AND AGGREGATE STABILITY (D2844/CT301) Resistance Value.......................................$350/ea (D2844/CT301) Resistance Value, Treated .......................... 350/ea (D1883) California Bearing Ratio ........................................ 600/ea (C977) Stabilization Ability of Lime .................................... 185/ea (D1883) Calif. Bearing Ratio (Army Corp of Engineers) ... 600/ea CHEMICAL ANALYSIS (G187/CT643/T288) pH and Resistivity .............................$175/ea (D4972/T289) pH Only...........................................................75/ea (CT417) Sulfate Content.......................................................125/ea (CT422) Chloride Content.....................................................125/ea (D2974) Organic Content......................................................100/ea PERMEABILITY, CONSOLIDATION AND EXPANSION (D5084) Permeability, Flexible Wall..................................$270/ea (D5856) Permeability, Rigid Wall.........................................260/ea (D2434) Permeability, Constant Head...................................280/ea (D2434) Permeability, FHA Slab -on -Grade .......................... 110/ea (D2434) Permeability, Hourly.................................................55/ea (D2435/T216) Consolidation (6 pts. w/ Unload).................$400/ea (D2435/T216) Consolidation Additional Point w/ Unload .... $90/ea (D4546) Swell/Compression Testing & Density ...................125/ea (D4546) Swell/Settlement Testing & Density (ea. addtl. pt.) .85/ea (D4546) Swell/Settlement Testing & Density (County) ........ 100/ea (D4546) Swell/Settlement Testing & Density (FHA) ............90/ea (D4829) Expansion Index of Soils........................................250/ea STEEL TESTING Reinforcing Steel Tests: (A370) Tensile Strength & Elongation #I I Bar & Smaller ............................................... $100/ea #14 Bar................................................................ $125/ea #18 Bar (Proof Test)............................................$150/ea (A370) Bend Test #11 Bar & Smaller ................................................. $50/ea #14 & #18 Bar ....................................................... $75/ea (A370) Tensile - Mechanically Spliced Bar #11 Bar & Smaller ............................................... $175/ea #14 Bar & Larger ................................................ $225/ea (A370) Tensile — Electric Resist. Butt Splice w/ Control..... 175/ea (C 140) Moisture Content/Absorption (ea. addtl. specimen) 125/ea (C 117/D 1140/T 11) Materials Finer than #200 ..................... 115/ea (D2216/T265/CT226) Moisture Content ................................ 40/ea (D2487/D2488) Visual Soil Classification ............................. 40/ea (D2937) Density of In -Place Soil, Drive-Cyl. Method........... 50/ea (D4943) Shrinkage Factors of Soils, Wax Method ................. 75/ea (C131/C535/CT211) L.A. Abrasion Resistance ................. $250/ea (C142/T112) Clay Lumps and Friable Particles ................... 155/ea SOIL AND AGGREGATE PROPERTIES (CONTD.) (C123/T113) Light Weight Particles ..................................... 250/ea (D3744/CT229/T210) Durability Index Fine ........................ 200/ea (D3744/CT229/T210) Durability Index Coarse .................... 200/ea (CT227) Cleanness Value ..................................................... 200/ea (D4791) Flat & Elongated Particles ...................................... 175/ea (D693/CT205) Percent Crushed Particles ............................. 200/ea (D5821) Percent. of Fractured Particles, Coarse Aggregate. 200/ea (C40/CT213/T21) Organic Impurities .................................. 100/ea (C235) Soft Hardness (Scratch Hardness) ........................... 125/ea (C88/CT214/T104) Sulfate Soundness ................................. 500/ea (C1252/T304) Uncompact. Void Content, Fine Aggregate.. 175/ea (C127/CT206/T85) Coarse Specific Gravity ........................ 150/ea (C128/CT207/T84) Fine Specific Gravity ............................ 175/ea (D854/CT209/T100) Specific Gravity of Soil ...................... 200/ea (C29/CT212/T19) Unit Weight & Percent Voids ................. 125/ea (D2419/CT217/T176) Sand Equivalent ................................ 150/ea (D4318/CT204/T89/T90) Plastic Index (Plastic/Liq. Limit) 250/ea (D4318/CT204/T89) Liquid Limit ........................................ 125/ea (D4318/CT204/T90) Plastic Limit ........................................ 125/ea (C330) Spec. for Lightweight Aggregates, Struc. Concrete... Quote SHEARSTRENGTH (D2166) Unconfined Compression ..................................... $100/ea (D3080/T236) Direct Shear (3 points) ................................ 350/set (D3080/T236) Direct Shear Addtl. Points/ea. residual pass $125/ea (D2850) Unconsolidated-Undrained Triaxial Shear ............. 115/ea (D2850) Unconsolidated-Undrained Triaxial Staged ........... 160/ea (D4767) Consolidated-Undrained Triaxial Shear ................. 265/ea (D4767) Consolidated-Undrained Triaxial Staged ............... 340/ea (EMI 110) Consolidated -Drained Triaxial Shear .................. 375/ea (EMI 110) Consolidated -Drained Triaxial Staged ................ 480/ea MASONRY" Concrete Block Test (Sets of 3 Required (C140) Unit Weight Moisture Content & Absorption ........ $350/ea (A370) Straightening of bar (if required) ............................... 50/ea (C 140) Compression Test ..................................................... 300/ea Structural Steel Tests: (C140) Compression Test (ea. addtl. specimen) .................. 125/ea (A370) Machining & Prep of Test Specimen ............... Cost + 20% (C426) Linear Drying Shrinkage .......................................... 350/ea (A370) Tensile Strength & Elongation (CI09/UBC 21-16) Mortar Cylinder (2"x4") ........................ 30/ea Up to 200,000 lbs................................................ $125/ea (C942) Grout Prism (3"x3"x6"), trimming included .............. 35/ea 200,000 — 300,000 lbs........................................... 150/ea Masonry Prism (Assemblage): 300,000 — 400,000 lbs.......................................................... 175/ea (C1314) 8"x8"xl6" — 8"xl2"xl6....................................... $200/ea Pre -stressing Wire & Tendon Tests: (C1314) 8"xl6"xl6"—10"x12"xl6.. ................................... 225/ea (A421) Tensile Strength, Single Wire ................................ $175/ea (C1314) 12"xl2"xl6"— 12"xl6"xl6 .. ................................. 250/ea (A416) Ten ' - City Council 17 — 1 11I21�2023 Quote -2- LABORATORY TESTS* (CONTINUED) Hieh Strength Bolt. Nut. & Washer Tests: (A325/A490) Tensile Test on Bolts .................................... $100/ea (A563) Proof Load Test on Nuts ........................................ $100/ea (A325/A490) Hardness Test on Bolts .................................. $50/ea (A536) Hardness Test on Nuts ............................................. $50/ea (F436) Hardness Test on Washers ........................................ $50/ea Weld Specimen Tests: (E164) Ultrasonic Examination .............................. Quote Machining & Prep of Test Specimen ........................... Cost + 20% (E381) Macrotech Test (3 Faces) ........................................... $355 ASPHALT TESTING Asphalt Properties: (D2726/CT308/T166) Bulk Spec. Gray. Compacted HMA $100/ea (D I 560/CT366) Stabilometer Value (HVEEM) ................ $225/ea (D2041) Theoretical Max Specific Gravity ........................ $200/ea (D5444) Sieve Analysis of Extracted Asphalt .................... $250/ea (D6307/CT382) Percent Asphalt, Ignition Method ............ $175/ea (D1188) Unit Weight of Asphalt Core..................................$95/ea MISCELLANEOUS TESTING SERVICES Calibration of Hydraulic Ram: 100 Ton & Under................................................................ $250/ea 101 Tons — 200 Tons.............................................................350/ea Use of Universal Testing Machine: UTM with One Operator .................................................... $400/ea Additional Technician.......................................Regular Tech Rate SnrU Applied Fireproofing: (E605/E736) Fireproofing Oven Dry Density/Thickness ... $125/ea Brick Test (Set of 5 Specimens): (C67) 24-Hour Absorption, Cold Water ............................ $250/set (C67) 5-Hour Absorption, Boiling Water .......................... $250/set (C67) Compression Test or Modulus of Rupture ............... $300/set (C67) Each Additional Specimen ....................................... $100/ea CONCRETE** Mix Designs: (ACI211/ACI214) Concrete Mix Design ............................ $450/ea (ACI211/ACI214) Review of Concrete Mix Design .......... $450/ea (C192) Concrete Trial Mix (includes equipment & labor).. $650/ea Concrete Properties: (C39/CT521/T22) Comp. Strength, Concrete Cyl................ $30/ea (C42/CT521/T22) Comp. Strength, Concrete/Gunite Core.. $60/ea (C78/CT523) Flex. Strength of 6"x6"x2l" Concrete Beam. 125/ea (C 174) Length Measuring of Drilled Cores ........................ $100/ea (C1140) Shotcrete Panel -Coring & Testing (Set of 3)....... $350/set (C1140) Shotcrete Panel (each addtl. specimen) ................ $125/ea (C496) Static Modulus of Elasticity ................................... $250/ea (C496) Drying Shrinkage (Set of 3, up to 28 days) ........... $650/set (C642) Spec. Gravity, Absorp., Voids in Hardened Concrete 95/ea (F 1869) Vapor Emission Rate, Concrete Subfloor ................. 50/ea *2X Surcharge on rush turn -around for laboratory testing. **Fee applies for sample storage, testing, or disposal. ... ......................................................................................................................................................................................... ........................................................................................................................................................................................... . 1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include reporting of routine results not calling for comments, recommendations or conclusions. 2. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies. 3. Saturday, night work, and overtime hours are charged at time and one-half, Sundays and holidays at double time. Per diem is $155.00 per day when location of work dictates. 4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein, with a minimum two-hour charge 5. Invoices will be submitted at four -week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule. 6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon's (the term "Geocon" includes Geocon's partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $50, 000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client's injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above. 7. Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon's total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client's project, as well as persons and other entities not involved in the project, to the greater of$100,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon's liability to them, and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon's actions or inactions. Neither the contractor nor any subcontractor assumes any liabilityfor damages to others which may arise on account of Geocon's actions or inactions. City Council 17 — 133 11/21/2023 -3- EXHIBIT 4 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND KLEINFELDER, INC. TO PROVIDE ON -CALL GEOTECHNICAL ENGINEERING SERVICES THIS AGREEMENT is made and entered into on this 21 st day of November, 2023 by and between Kleinfelder, 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 August 2, 2023 the City issued Request for Proposal ("RFP") No. 23-123 by which it desired to retain a consultant having special skill and knowledge in the field of geotechnical engineering services on an on -call basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-123. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-123, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A" attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B." 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C." Consultant is one of five (5) separate consultants selected to provide services on an on -call basis under RFP 23-123. The total compensation for services provided by all consultants selected under RFP 23-123 shall not exceed the shared aggregate amount of $2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. 10 City Council 17 — 134 11/ 0 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not increase by more than 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws, if applicable. 3. TERM This Agreement shall commence on November 21, 2023 and end on November 20, 2026, with the option for the City to grant up to one (1), two (2) year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 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. 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 10 City Council 17 — 135 11/ 0 embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 O1 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000.00 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than$1,000,000.00 per accident for bodily injury or disease. (iv)Professional Liability Insurance with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader 10 City Council 17 — 136 11/ 02 coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: 10 City Council 17 — 137 11/ 0 • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION 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 10 City Council 17 — 138 11/ 02 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. 9. 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. 10. 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. 11. 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 City. L0 City Council 17 — 139 11/ 0 12. 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. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 15. 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 consultant and/or 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, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case 10 City Council 17 — 140 11/ 02 such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES 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. 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: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 10 City Council 17 — 141 11/ 0 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Dan Hanna, PE Project Manager/ Principal Agent Kleinfelder, Inc. 24411 Ridge Route Drive, Suite 225 Laguna Hills, CA 92653 Office: 949-727-4466 Email: dhanna@kleinfelder.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures contained on following page] 10 City Council 17 — 142 11/ 02 SIGNATURE PAGE TO CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND KLEINFELDER, INC. TO PROVIDE ON -CALL GEOTECHNICAL ENGINEERING SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B• ONATHAN T. MART EZ Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: f By: DANY HANNA Title: Vice President 10 City Council 17 — 143 11 2 EXHIBIT A SCOPE OF SERVICES City Council 17 — 144 11/21/2023 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL GEOTECHNICAL ENGINEERING SERVICES RFP NO.23-123 Introduction / Background The City of Santa Ana intends to retain Geotechnical Engineering Consultants on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide geotechnical engineering services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. In general, work consists of general geotechnical engineering services for Public Works Projects and or related to City facilities. The funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. Scope of Services On as needed basis, the selected firms shall provide the City with the following services as described herein. The consulting firms are responsible for any damage to utilities during the locating efforts. The consulting firms selected for these services shall demonstrate the ability and experience in the following types or work and not limited to: • Soil Classification and Analysis • Material Testing • Ground Water- Dewatering and Seepage Control Analysis • Seismic Stability • Soil Liquefaction City of Santa Ana RFP 23-123 City Council age 0— 145 11/21/2023 • Slope Stability and Protection • Construction Inspection • Open and Braced Excavations (shallow) • Grading and Site Clearing • Pavement Design • Foundation Design • Retaining Structures- submerged and partially submerged • Fill Compaction • Special Inspections • Subsurface Geotechnical Investigation • Infiltration Testing The Consultants shall also provide services such as: field exploration, laboratory testing and instrumentation. If there are any exceptions to the core of requested services, proposers shall list said exceptions in their proposal (matrix form). For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. General Requirements and Proiect Deliverables The Consultant's services for the project preparation, special studies/investigations shall include and in be in conformance with the latest editions of the following: The City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and or federal, state and local guidelines established in the project. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the tasks. This plan shall include all milestones and task breakdown for each of the tasks and subtasks included therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed • Deliverables • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence City of Santa Ana RFP 23-123 City Council age — 146 11/21/2023 In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The following services/items shall include, but are not be limited to: 1. Research existing records of utility companies and agencies and coordinate with the involved parties. 2. City may opt to receive only PDF versions of the plans, reports, and studies for reviewing purposes. If so, the Consultant team will provided plans and/or specifications accordingly. 3. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub -consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional -level quality of work product. 4. If included in the on -call project scope, attend meetings with the City staff as required. 5. If included in the on -call project scope, the Consultant shall coordinate permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 6. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications. All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. Proiect Schedule and Progress: Progress review meetings shall be held at intervals deemed appropriate by the City. The Consultant shall furnish two copies of all completed work or partially completed update/status since the last progress review meeting. Progress reports shall be submitted monthly in electronic format indicating achievements and project schedule progress. City of Santa Ana RFP 23-123 City Council ageit — 147 11/21/2023 City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All reporting and coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities Fee Proposal: In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of contract to the selected Team. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. City of Santa Ana RFP 23-123 City Council age i — 148 11/21/2023 EXHIBIT B CONSULTANT'S PROPOSAL City Council 17 — 149 11/21/2023 Proposal prepared for: CITY OF SANTA ANA Public Works Agency; M-36 20 Civil Center Plaza, Ross Annex Santa Ana, CA 92701 On -Call Geotechnical Engineering Services Request for Proposal RFP No.: 23-123 ri rKL EINFEL DER 9•ight People. Right Solutions. V • .001 ./40 August 28, 2023 2441 1 Ridge Route Drive, Suite 225 1 Hills_ CA 92653 www.Kleinfelder.com TABLE OF CONTENTS 1. STATEMENT OF QUALIFICATIONS (SOQ) A. Cover Letter............................................................................................................1 B. Contract Agreement Statement and Willingness to Comply with AgreementTerms................................................................................................ 1-3 C. Firm and Team Experience................................................................................. 1-3 D. Understanding of the Need................................................................................1-13 E. Relevant Project Experience..............................................................................1-16 F. Willingness to Comply with Agreement Terms...................................................1-20 G. References.........................................................................................................1-20 2. SCOPE OF SERVICES AND SCHEDULE ......................................... not included in page limit 3. FEE PROPOSAL.................................................................................attached as separate file 4. CERTIFICATIONS.............................................................................. not included in page limit Attachment 3-2: Non -Lobbying Certification Attachment 3-3: Non -Discrimination Certification I_1 :J» 61111 M, Resumes for Key Personnel KLEINf� ncl Lity of Santa Ana On -Call Geotechnical EnginWring 861ces — No. 23-123 1 Contentl 1 /21 /2023 ("KL EINF"EL DER Bright People. Right Solutions. STATEMENT OF QUALIFICATIONS a. Cave Letter August 25, 2023 City of Santa Ana Attn.: Gilbert Castillo Public Works Agency; M-36 20 Civil Center Plaza; Ross Annex Santa Ana, CA 92710 SUBJECT: Proposal for On -Call Geotechnical Engineering Services Ri=P No. 23-123 Kleinfelder, Inc. (Kleinfelder) is pleased to present our qualifications and experience to the City of Santa Ana (the City) to provide on -call geotechnical engineering services. For this contract, we have assembled an exemplary team of our best geotechnical engineers, engineering geologists, and construction support staff to provide the required scope of work. As you review the enclosed qualifications, please note the following attributes of our team: Experienced Personnel — Our team has a successful history of delivering a similar scope of services for various municipal clients including Orange County Public Works, County of Los Angeles, Riverside County Transportation Department, the City of Ontario/Ontario Municipal Utilities Company, City of Industry, City of Los Angeles, and John Wayne Airport, to name a few. Diverse Capabilities — Kleinfelder provides complete solutions from concept through construction phase services for a wide range of infrastructure projects. With more than 90+0 employees in 27 offices throughout California, our depth of resources will help deliver projects on time and within budget. Capacity/Locality — We have over 350 employees in our Southern California offices alone, including an office in Laguna Hills located within 15 miles of City headquarters. This contract will be our priority and all key personnel will be made available to support project/task orders under this contract. f Proven Approach — Using our proven four -step (planning, execution, monitoring, management) project delivery approach, we will successfully deliver the project/task order on time and within budget. Our history of project performance has been proven to the City based on our projects performed under our current on -call agreement. Area -Specific Expertise — As a result of our previous work with the City and other local clients, the Kleinfelder Team will utilize our collected data on soils conditions when developing scope and fee estimates, resulting in potential cost savings and reduced schedule for the City's projects. Cij�_Ubl6fildWR 1 24411 Ridge Route Drive, Suite 2251 L17jaa 162CA 92653 1 +1 949-727-44PIAT492023 Knowledge of Local Standards and Regulations — Kleinfelder supports various City contracts and has provided engineering services in Southern California for decades. Over 90 percent of Kleinfelder's regional contracts are for public works agencies. Our team of professionals are familiar with regulatory requirements potentially impacting project approval and execution. National Experts — In addition to our strong local presence, Kleinfelder's nationwide technical experts can provide specialized expertise and a wide array of independent technical reviewers to ensure quality for all project deliverables. These are just a few of the many benefits of selecting the Kleinfelder Team, dedicated to serving as an extension of City staff and successfully executing all tasks on time and within budget, with no surprises. We appreciate the opportunity to submit our qualifications and fee schedule and look forward to your favorable consideration. If you have any questions or would like to further discuss how we can support your projects, please contact the undersigned. RFP Required Statement: The undersigned is authorized to make legally binding commitments for Kleinfelder. Respectfully submitted, KLEINFELDER, INC. Dany Hanna, PE Project Manager 1 Principal Agent 24411 Ridge Route Drive, Suite 225 Laguna Hills, CA 92653 Office: 949 727-4466 Cell: 949-376-6128 Email: dhanna@kleinfelder.com Cif�LU86 R 1 24411 Ridge Route Drive, suite 2251 L19ou qi CA 92653 1 +1 949-727-44f t+f92623 b. Contract Agreement Statement and Willingness to Comply With Agreement Terms Kleinfelder is prepared to execute the City's contract with the following suggested change (deleting the word contarctors) to consistently align with our current City contract #A-2021-121-02, dated July 6, 2021. Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, GeRtFaGtGFS, 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 breach of the terms of or effects arising from this Agreement. c. Firm and Team Experience The City is a 27-square mile community serving a total population of more than 310,000. As the second largest city in Orange County, the City of Santa Ana serves as the County seat. Kleinfelder recognizes the City requires reliable, experienced consulting firms to serve as a trusted extension of staff. Kleinfelder will proactively support the City and residents to provide the necessary services. Founded in California in 1961, Kleinfelder is a leading engineering, design, construction management, materials inspection and testing, and environmental consulting corporation. Kleinfelder employs over 3,000 professionals and operates from 105 offices throughout the United States, Canada, and Australia. Kleinfelder is headquartered in San Diego, with 27 offices across the state of California, including an office in Laguna Hills, within 15 miles of City Hall. What Our Clients Say About Us In Southern California, Kleinfelder provides as -needed geotechnical engineering services for many municipal clients, including the City of Santa Ana, John Wayne Airport, the City of Ontario/Ontario Municipal Utilities Company, City of Industry, City of Los Angeles, the Counties of Orange, Los Angeles, and San Diego, Metropolitan Water District of Southern California, Southern California Edison, and others. Through our as -needed contracts, Kleinfelder has developed a proven track record of delivering high - quality projects on time and under budget as exemplified by our work with Los Angeles County Department of Public Works and the City of Los Angeles. "Kleinfelder's staff has and continues to to (P demonstrate an obligation to high quality services and professionalism. Kleinfelder has continually produced a quality work product for LACDPW within established deadlines and in a cost-effective manner. Kleinfelder promptly responded to inquiries from the County utilizing sound judgment." - Greg K. Johnson, Los Angeles County Department of Public Works PROVEN ON -CALL AGENCY EXPERIENCE As-Nleededl Public Anpncy Contracts • City of Santa Ana • City of Los Angeles • City of Long Beach • City of Anaheim • City of Industry • City of Carlsbad • City of San Diego • Orange County Sanitation District • Long Beach Water Department • Eastern Municipal Water District • Ontario Municipal Utilities Company • County of Riverside • City of Riverside • County of Los Angeles • San Bernardino Associated Governments • Los Angeles County Sanitation Districts • Los Angeles Department of Water and Power • State of CA Department of Water Resources KLE /N nCiiy of Santa Ana On -Call Professional Engineerli Serf' — RFP No. 23-1231 Page 11 /21 /2023 1_� thank you and your team for your exceptional performance during the geotechnical / 6 6 environmental study of the southern portion of the Northeast Interceptor Sewer Phase 2A (NEIS 2A) project. The project required the ability to quickly accommodate and coordinate changes in the scope of work. You performed extremely well under these conditions and did an exceptional job in managing your staff and sub -consultants while ensuring a high -quality product was delivered on schedule. We really appreciated your regular phone calls and email communications throughout the project, especially during the field investigation when things were happening quickly. ... We also appreciated the commitment, devotion and professionalism of your entire team. Each of the Kleinfelder representatives that we had the opportunity to meet was courteous and professional." - Patrick J. Schmidt, Geotechnical Engineer and Fred W. Burnett/ Engineering Geologist, City of Los Angeles Dept. of Public Works Geotechnical Engineering Group Kleinfelder is The Right Team As you review our qualifications, please note our unique combination of features that will provide the City with expert services for the scope of work outlined in the Request for Proposal (RFP). ',-Experienced Personnel — Our team has a successful history of delivering a similar scope of services for various municipal clients including Orange County Public Works, the County of Los Angeles, the Riverside County Transportation Department, the City of Ontario/Ontario Municipal Utilities Company, City of Industry, City of Los Angeles, and John Wayne Airport. Diverse Capabilities — Kleinfelder provides complete solutions from concept through construction phase services for a wide range of infrastructure projects. With more than 900 employees in 27 offices throughout California, our depth of resources will help deliver projects on time and within budget. Capacity/Locality — We have over 350 employees in our Southern California offices, and an office in Laguna Hills within 15 miles of City headquarters. This contract will be our priority and all key personnel will be made available to support project/task orders. Proven Approach — Using our proven four step (planning, execution, monitoring, management) project delivery approach, we will successfully deliver the project/task order on time and within budget. Our history of project performance has been proven to the City based on our projects performed under the current on -call agreement. Area -Specific Expertise — As a result of our previous work with the City and other local clients, the Kleinfelder Team has pre-existing knowledge of the local soils conditions, potentially saving costs when repeat investigations are not necessary. Knowledge of Local Standards and Regulations — Kleinfelder supports various City contracts and has provided engineering services in Southern California for decades. Over 90% of Kleinfelder's regional contracts are for public works agencies. Our team is familiar with regulatory requirements potentially impacting project approval and execution. National Experts — In addition to our strong local presence, Kleinfelder's nationwide technical experts can provide specialized expertise and a wide array of independent technical reviewers to ensure quality for all project deliverables. IfL�►N gUncily of Santa Ana On -Call Professional Engineer i S46E — RFP No. 23-123 1 Page 11 /21 /2023 Projiect Team Oraanization Kleinfelder has assembled a team with expertise and experience in providing geotechnical investigations and recommendations for various types of public works projects, including water and wastewater facilities and infrastructure needs such as water and sewer pipelines and storm drain improvements; sidewalks, bike paths, curb and gutter replacement; residential street slurry seal; asphalt concrete and/or PCC streets repair and overlay; neighborhood traffic improvements; parks and recreation facilities, and more. - As the City is aware, materials testing and special inspections are often required on these types of projects, and as the scope of services outlines, we have assigned experienced staff to provide these services as required. Committed, Experienced Project i_eaaership Project Manager / Principal Agent and point of contact Mr. Dany Hanna, PE, brings 22 years of experience managing similar large public agency contracts and on -calls with numerous project/task orders occurring simultaneously. And, having managed prior contracts with the City, Mr. Hanna possesses a full understanding of the services, requirements, and expectations of these types of projects. Mr. Hanna is ready and available to manage the City's project/task order and proposal requests, project challenges, and contractual matters. He will remain committed to assisting the City and communicating with the team to ensure you are provided the most qualified staff, rapid response, and highest level of service for every project. Under Mr. Hanna's leadership, the City can be confident that they will continue to receive the exceptional level of service and management that you have come to know and trust from Kleinfelder. Mr. Hanna will be supported by a leadership team from our local Southern California offices: Eric Noel, PE, GE, and Jeffery Waller, PE, GE, each with decades of on -call project management experience, along with Quality Assurance Manager Jeffrey Walker, PE, GE. Mr. Noel and Mr. Waller will serve as associates in charge when Mr. Hanna is unavailable. This team is supported by technical support staff assigned to the contract (see organization chart), Kleinfelder's additional Southern California resources, as well as proposed subcontractors for services we have learned can typically be anticipated for municipal on -call contracts. The Kleinfelder Team is well suited to successfully execute the City's scope of work. We will provide the City with proven, technically proficient experts who will consistently deliver high -quality projects within the established schedule and budget. The following organization chart identifies staff assigned to this contract, lines of communication, and roles and responsibilities. KEY MARKETS 1961 ff 33000+ PUBLIC SECTOR FOUNDEDr=1 EMPLOYEES (STATE, LOCAL, TRANSPORTATION) WE ARE ENGINEERS, SCIENTISTS, AND CONSTRUCTION PROFESSIONALS PRIVATE SECTOR M (OIL & GAS, POWER, UTILITIES, INDUSTRIAL) KLE-E ni gUncily of Santa Ana On -Call Professional Engineer i Ser% - RFP No. 23-123 1 Page 11 /21 /2023 Organizational Chart Bryan Reese, CSIP *Eric Noel, PE, GE Erie Pond, PhD, PE Hans Tolksdorf, PE, GE Jeff Woon, PE, GF Minxing Zhao, PhD, PE, GE Hector Marquez, PE Jose Zuniga, EIT Alex Carob, EIT Deema Edress, EIT Yen Nguyen Justin Green Dany Hanna, PE t Jeffrey Walker, PE, GE *Jeffery Waller, PE, GE Technical Support Staff Brian Crystal, PE, GE Zia Zafir, PhD, PE, GE Brandon Lanthier, PE, GE Mir Peyman Tabatabae( PE 17 Geotechnical Engineers (11 GEs) 65 Civil Engineers (PE) 8 Geologists (PG) LABORATORY TESTING AP Engineering & Testing, Inc. (DBLIMBL/SBE) CONE PENETRATION TESTING Kehoe Testing & Engineering }nc. (SBE) fl Chris Barry, ICC, ACI, CTMs Vartan Deirdeirian, NICET, ICC, ACI Michael Magana, NICET, ICC, ACI Scott Morris, ICC Jeffrey Diaz, NICET, ACI, CTMs Michael Conk, PG, CEG Richard Escandon, PG, CEG Michelle Garde, PG, CEG Joel Metcalf, PG, CEG Chelsea Jaeger, PG, CEG Colby Matthews, PG, CEG 9 Engineering Geologists (CEG) 62 Construction Inspectors ! Materials Technicians DRILLING 2R Drilling (SBE) Joey Hawkins Hung Mai Taylor Bogdanovich Saige Carter Key Personnel Associates in charge when Project Manager/Principal Agent is unavailable TRAFFIC CONTROL Alpha Traffic Services, Inc. (SBE) GEOPHYSICAL Ground Penetrating Radar Systems LLC KLEIAIAMClay of Santa Ana On -Call Professional Engineer i Ser%67s— RFP No. 23-123 1 Page 11 /21 /2023 e�ynrrM:,: .... . Key Personnel The following pages include brief biographies of key personnel and availability to the contract as required by the RFQ. We have included resumes for Key Personnel in Appendix A. Mr. Hanna has 22 years of experience serving as Education Project Manager, Program Manager, Principal -in- MBA, Business Administration, Charge, and Contract Manager for multiple public University of La Verne, La agency contracts, including the City of Santa Ana, Verne, CA Counties of Orange and Los Angeles, Orange County MS, Civil Engineering, Sanitation Districts, City of Ontario and Ontario Municipal Utilities University of Nevada, Reno Company, and various other Southern California agencies. BS, Civil Engineering, Notre Mr. Hanna will be actively engaged throughout the life of the Dame University - Louaize, contract to provide qualified and committed individuals to Lebanon successfully complete the work on time and within budget. Licenses Professional Engineer - Civil, No. 70996, CA Mr. Hanna's Key Public Agency Experience • City of Santa Ana On -Call Materials Testing and Inspection Services — Contract Manager • Orange County Public Works, On -Call Construction Services, Geotechnical Engineering & Materials Testing, Construction Inspection Services — Project / Contract Manager • Ontario Municipal Utilities Company, As -Needed Professional Engineering Design Services — Project / Contract Manager • County of Los Angeles, As -Needed Geotechnical Engineering and Materials Testing Services — Project Manager • Riverside County Transportation Department, As -Needed Geotechnical Engineering Services — Program Manager Mr. Noel has 33 years of experience performing and Education managing geotechnical field investigations. His BS, Civil Engineering, geotechnical engineering experience includes pipelines, California State Polytechnic bridges, large industrial complexes, commercial Univ., Pomona developments, deep excavation, parking structures, MS, Geotechnical pavements, storage tanks, and slope stability and liquefaction Engineering, California State studies. Mr. Noel performs analyses of shallow and deep foundations, University, Long Beach compressible and expansive soils, surcharge fills, slope stability Licenses studies, deep excavations and shoring, and liquefaction potential. Professional Engineer — Civil, Mr. Noel's responsibilities include project management, preparation of No. 53513, CA proposals, coordination of field and laboratory work, engineering Geotechnical Engineering No. analyses and report preparation for investigations for various types of 2548, CA projects. He supervises field staff during geotechnical observation and testing and materials special inspections. Mr. Noel's Key Public Agency Experience • City of Industry c/o CNC Engineering, On -Call Geotechnical Engineering Services — Contract Manager • Eastern Municipal Water District — On -Call Geotechnical Engineering Services — Project Manager • County of Los Angeles — As Needed Geotechnical Engineering Services — Contract Manager and Lead Geotechnical Engineer KLEE� nCiiy of Santa Ana On -Call Professional Engineerli &4 — RFP No. 23-1231 Paget 1/21 /2023 Mr. Waller's 22 years of experience has comprised management and leadership of geotechnical and construction projects throughout southern California. When project/task orders are issued by the City of Santa Ana under Kleinfelder's current on -call contract for materials testing and inspection services required geotechnical services, Mr. Waller was assigned as the principal geotechnical engineer. He specializes in geotechnical investigations, geotechnical analysis, and evaluation of hydraulic conductivity associated with groundwater infiltration projects. Mr. Waller has extensive experience performing analysis for geotechnical recommendations such as settlement, liquefaction, lateral pressures, expansive soils, bearing capacity and slope stability, and has performed analysis for driven and drilled deep foundation systems. Mr. Waller's responsibilities include project management, proposal preparation, field and laboratory work coordination, engineering analyses and report preparation for various project investigations. Mr. Waller's Key Public Agency Experience MS, Geotechnical Engineering, California State Polytechnic University, Pomona BS, Civil Engineering, California State Polytechnic University, Pomona Licenses Professional Engineer — Civil, No. 70342, CA Geotechnical Engineering No. 2947, CA • City of Santa Ana On -Call Materials Testing and Inspection Services — Principal Geotechnical Engineer • City of Industry c/o CNC Engineering, On -Call Geotechnical Engineering Services — Lead Geotechnical Engineer and Project Manager • City of Los Angeles On -Call Geotechnical Engineering and Environmental Services — Geotechnical Engineer and Project Manager Mr. Walker has 33 years of experience performing and managing geotechnical engineering assignments. Mr. Walker currently serves as a client account manager for several municipal clients including Orange County Sanitation District, the Los Angeles Department of Water and Power, and Metropolitan Water District. He has been Principal -in - Charge and/or Program Manager on contracts up to $27M and Project Manager and/or Task Order Leader on hundreds of projects up to $1.5M in value. Mr. Walker will provide oversight and quality assurance to the team to assist the City in delivering successful projects. Mr. Walker's Key Public Agency Experience MS, Civil Engineering, University of California, Irvine BS, Civil Engineering, California Polytechnic State University, San Luis Obispo Licenses Professional Engineer — Civil, No. 51226, CA Geotechnical Engineering No. 2402, CA • Metropolitan Water District As -Needed Geotechnical Engineering Services — Contract Manager / Quality Assurance Manager • Los Angeles Department of Water and Power — As -Needed Geotechnical Engineering Services — Contract Manager / Quality Assurance Manager • City of Los Angeles On -Call Geotechnical Engineering and Environmental Services — Contract Manager / Quality Assurance Manager k ���r� t gUnCliy of Santa Ana On -Call Professional Engineer i Ser% — RFP No. 23-123 1 Paget 1 /21 /2023 Mr. Reese's 19 years of experience includes field work, safety oversight, data evaluation, and report 4rr, preparation/review. As a field team leader, he oversaw subcontractors and safety stewardship for multiple methods of drilling and health and safety compliance monitoring. He was responsible for auditing safe work practices and conditions and verifying that work conditions and practices complied with applicable health and safety policy and work permits. His responsibilities include supporting executive Health & Safety (H&S) management programs and initiatives, visiting project sites to discuss safety with field teams and perform H&S audits, and evaluating compliance with Occupational Safety and Health Administration (OSHA) laws and regulations. Mr. Reese's Key Public Agency Experience Education BS, Biology, California State Polytechnic University, Pomona, California Certifications Certified Safety Professional, No. CSP-40075, BCSP • Rancho Los Amigos North Campus, Los Angeles County, CA — H&S Management, Hazardous Monitoring Oversight • LA County METRO Site -Specific H&S Plan for Division 20 Portal Widening, Los Angeles, County, CA — Participated in Site -Specific H&S Plan, Safety Consulting for changing conditions, periodic audits for OSHA and Kleinfelder Injury and Illness Prevention Plan compliance Dr. Pond has 33 years of engineering experience and ._ has been responsible for project development, management, and execution of large and complex geotechnical and materials engineering and construction projects. He has supervised and executed many geotechnical site investigations, performed analysis, review and interpretation of geotechnical data, conducted soil improvement programs, and prepared reports and project specifications. Dr. Pond has served in various roles including project manager, geotechnical design manager, group manager, and as the lead engineer and senior QA reviewer on large design -build projects. PhD, Civil Engineering/ Geotechnical, Virginia Polytechnic Institute & State University MS, Civil Engineering/ Geotechnical, Virginia Polytechnic Institute & State University BS, Civil Engineering, University of Washington Dr. Pond's responsibilities include directing and supervising projects Registrations of all sizes throughout the geotechnical design and during Professional Engineer — Civil, construction for quality assurance and quality control. No. 70583, CA Dr. Pond's Key Public Agency Experience • Inglewood Transit Connector (ITC) Automated People Mover (APM) Project, Inglewood, CA — Independent Senior Engineering Oversight and Technical Review • 1-405 Sepulveda Pass HOV Widening Project, METRO, Los Angeles, CA — Geotechnical Design Manager I KLE� nClly of Santa Ana On -Call Professional Engineerli Ser W — RFP No. 23-1231 Page t1 /21 /2023 Mr. Crystal's 27 years of experience has included shallow and deep foundation analysis design, liquefaction studies, response spectra estimation, cone penetration testing (CPT) interpretation, flexible and rigid pavement design, and subgrade stabilization. He has conducted and coordinated field explorations, classified soil conditions, performed engineering evaluations and analysis and provided recommendations for institutional, commercial, and public sector projects. His project experience includes hospitals, educational facilities, high-rise buildings, roads, bridges, pipelines, military facilities, commercial buildings, office complexes, recreational facilities, and sport stadiums. Mr. Crystal's responsibilities include technical support for earthwork - related issues during construction, and technical oversight for testing and special inspection projects. Mr. Crystal's Key Public Agency Experience MS, Civil Engineering, California State University, San Diego, 2000 BS, Civil Engineering, California State University, San Diego, 1997 Registrations Professional Engineer — Civil, No. 60445, CA Geotechnical Engineering No. 2639, CA • John Wayne Airport Terminal C and Parking Structure C, Orange County, CA — Project Manager and Geotechnical Engineer • Orange County Sanitation District On -Call Geotechnical Engineering and Materials Testing Services — Project Manager • Metropolitan Water District As -Needed Geotechnical Engineering Services — Geotechnical Engineer Dr. Zafir has been actively involved on seismic hazard - evaluations and seismic retrofit for renowned national Education PhD, Civil Engineering, and international projects in his 39-year career. Dr. Zafir University of Nevada, Reno was appointed to the State Mining and Geology Board MS, Civil Engineering, Iowa on May 24, 2016. He is directly involved in establishing State University guidelines and standards for geological and geophysical investigations BS, Geology, Civil Engineering, and reports produced by the California Geological Survey (CGS), University of Engineering and public sector agencies, and private practitioners. Technology, Taxila As Vice President for earthquake engineering at Kleinfelder and a Registrations nationally recognized expert in the field of seismic ground motions and Professional Engineer — Civil, seismic hazards such as liquefaction and lateral spreading. Dr. Zafir is No. 6015, CA actively involved on seismic hazard evaluations and seismic retrofit Geotechnical Engineering No. projects. 2656, CA Dr. Zafir's Key Public Agency Experience • City of Los Angeles Department of Water and Power (LADWP) Power Plant No 1 Surge Chamber, Los Angeles County, CA — Lead Seismic Engineer • County of Los Angeles, Numerous As -Needed Geotechnical Engineering, Materials Testing, and Inspection Contracts — Seismic Technical Advisor • METRO, 1-405 Sepulveda Pass High -Occupancy Vehicle (HOV) Project, Los Angeles — Principal Seismic Engineer KLE � r>( ii of Santa Ana On -Call Professional Engineers ? Serlfil — R F P No. 23-1231 Page l01 /21 /2023 \1 Mr. Cook has 41 years of diverse practical experience in the applied disciplines of engineering geology, and geotechnical, and environmental engineering. He has been responsible for a broad range of geotechnical and environmental projects comprising large hillside mass grading projects, hospitals, school sites, transmission line projects, landslide mitigation, freeways, and active fault studies. Mr. Cook's responsibilities include geologic analysis as well as senior field services during construction including observation and review, coordinating with contractors. Mr. Cook's Key Public Agency Experience Education BS, Geology, California State University, Los Angeles Registrations Professional Geologist, CA No. 4890 Certified Engineering Geologist, CA No. 1716 • Los Angeles County Department of Public Works, Rancho Los Amigos Site 1 Demolition and Make -Ready Project, Downey, CA — Engineering Geologist • Metro, 1-405 Sepulveda Pass HOV Project, Los Angeles, CA — Senior Geologic Field Services • LADWP Backwash Water Reclamation Ponds, Los Angeles, CA — Senior Geologic Analysis Mr. Escandon has 45 years of experience in the field of €0 c engineering geology, performing and managing multidisciplinary geologic and geotechnical investigations -Act\ for various projects. His project experience includes feasibility studies; geotechnical site investigations; foundation investigations; mapping of tunnels and underground excavations; geotechnical instrumentation; fault hazard evaluation; landslide studies; stability analyses; well construction; and construction monitoring. Mr. Escandon's responsibilities include all levels of project development from planning and design to construction management. Mr. Escandon's Key Public Agency Experience BS, Geology, University of California, Los Angeles, 1978 Graduate Studies, University of California, Santa Barbara, 1979 Registrations Professional Geologist, CA No. 3837 Certified Engineering Geologist, CA, No. 1213 • Los Angeles County Department of Public Works, Sierra Madre Dam Rockfall Hazard and Mitigation Analysis, Sierra Madre, CA — Project Manager • Los Angeles County Department of Public Works, Santa Anita Dam Slope and Access Road Stabilization, Monrovia, CA — Project Manager and Lead Engineering Geologist • LADWP, Van Norman Complex (VNC) Lower San Fernando Stormwater Capture Project, Los Angeles, CA — Principal Geologist i ECLEI ,O rMit of Santa Ana On -Call Professional Engineeril?& 62- RFP No. 23-1231 Page 1I11 /21 /2023 e•�yne++�rr .. x� �r s�r,�r��M.. Ms. Garde has 21 years of experience in both geotechnical and environmental projects, filling key roles on large field investigations in Los Angeles, Orange and San Diego Counties. Ms. Garde's responsibilities include large field investigations, extensive drilling programs, and site characterization. Ms. Garde's Key Public Agency Experience BS, Geology, University of California, Santa Barbara Registrations Professional Geologist, CA No. 8629 Certified Engineering Geologist, CA, No. 2604 • John Wayne Airport, P415 ARB Tower and Geophysical Services, Orange County, CA — Senior Engineering Geologist • Metro, 1-405 Sepulveda Pass HOV Project, Los Angeles, CA — Senior Geologist • Inglewood Transit Connector (ITC) Automated People Mover (APM) Project, Inglewood, CA — Senior Geologist =r Mr. Barry has worked as an independent inspector from November of 2019 until he began his career with Kleinfelder. He has performed concrete, masonry, and drilled -in anchors special inspections for retail, higher education, and medical projects and residences. Mr. Barry's professional career has also included oversight of new interior construction of commercial buildings and homes. This provided him with experience working with city inspectors to ensure the projects were completed to city specifications, as well as coordination of city and special inspections and submission of all reports to the city's planning department. He has supervised crews of up to eight employees completing projects on time and to code. Mr. Barry's responsibilities include observation and testing of soils and construction materials, as well as special inspections. Mr. Barry's Key Public Agency Experience Education High School Diploma Certifications Reinforced Concrete Special Inspector, No. 8817778, ICC Structural Masonry Special Inspector, No. 8817778, ICC Nuclear Gauge, No. 3667-121- 723-5564 Certified Coating Inspector, No. 108269 10-Hr Construction Safety and Health, No. 26-007406840 Concrete Field Testing Technician, Grade I, No. 015290328, ACI • City of Santa Ana, MacArthur Blvd. Resurfacing, Santa Ana, CA — Special Inspections, Observation and Testing for Soils, Concrete, and Asphalt • City of Ontario Parking Structure Materials Testing and Inspection, Ontario, CA — Observation of Portland Cement Placement • City of Ontario Fall Pavement Rehabilitation, Ontario, CA — Construction Observation Subcontractor., We have selected subcontractors to provide the City with access to a team to provide all required services as requested in the RFP and any services that may emerge during the variety of potential projects. Kleinfelder staff have worked with each of these firms on the organizational chart to successfully deliver similar projects and tasks for on -call contracts. The Kleinfelder team will add meaningful value and resources to the City to address all necessary improvements. ftLEINf{ �r t� of Santa Ana On -Call Professional Engineeri�?SEraiW— RFP No. 23-123 1 Page 121 /21 /2023 d. Understanding of the Need ,Anticipated Approach Kleinfelder has developed a proven approach to deliver high -quality geotechnical engineering services through several on -call contracts for municipal clients across California. Under these on -call contracts, we have completed multiple concurrent projects, consistently providing value, delivering on time and under budget. Our organizational approach to managing our team contains four key elements: Planning, Execution, Monitoring, and Management. The Kleinfelder method allows us to deliver resources to meet the City's expectations and avoid surprises, ensuring task delivery is on schedule and complete within the authorized budget by eliminating foreseeable project delays. Kleinfelder's Project Management Team is committed to the following elements of our approach: PROJECTSYSTEMMANAGEMENT KLI /I Mi of Santa Ana On -Call Professional Engineer$?SErai44— RFP No. 23-123 1 Page 131 /21 /2023 Kleinfelder's history of providing comprehensive client service using the system above delivers a full - service solution to solve the City's needs. Kleinfelder's ability to provide multiple core services in-house allows for an integrated and streamlined approach to project delivery. Our experience with municipalities includes successfully managing and delivering on multiple on -call contracts and high -profile water, wastewater, reservoir, roadway, bridge, and construction projects. We bring best practices learned from previous on -call/ as -needed contracts, and the relevant diverse experience to successfully complete the City's project requests. We will utilize our four- step (planning, execution, monitoring, management) project delivery approach as described above to successfully deliver the project/task orders on time and within budget. Our history of project performance has been proven to the City of Santa Ana based on our projects performed under the current on -call agreement. Our knowledge of current codes and design guidelines is exemplary and includes American Water Works, Caltrans, American Disabilities Act (ADA), City of Santa Ana Municipal Code (SAMC), and a wide knowledge of professional standards of city, county, state, and federal guidelines. Kleinfelder also has an extensive knowledge of micro station V8i for the use of plan development and the City's CAD standards, resulting in a seamless integration of standards and development of plans for the City. We also realize the importance of having available resources to maintain high levels of responsiveness. Therefore, we have identified several additional internal resources and established key teaming arrangements to ensure our team has the expertise and capacity to be responsive to the City's needs. In the event a project requires additional support beyond the resources identified herein, we will tap into Kleinfelder's more than 3,000 employees company wide. The Kleinfelder Team brings value to the City with these feature • A responsive, experienced, and proven Project Manager, Dany Hanna, PE, who has a successful history of working on complex and challenging projects • A proven, comprehensive team of technical experts to service all aspects of the contract • A Southern California -based team with vast local resources available and able to respond at a moment's notice with an experienced approach, coupled with a broad bench of professionals across the country for geotechnical consultation • Assigned project managers with the availability and expertise appropriate to the designated scope of work • Extensive experience with Public Works projects, offering: - In-house services, providing the City with consistency, efficiency, and exceptional responsiveness throughout a project, as shown by being repeatedly selected for projects at the John Wayne Airport described herein. - The ability to coordinate multiple regulatory agencies on a single project. - Intimate knowledge of California regulations related to Public Works projects. - Pavement and roadway facilities design and rehabilitation expertise. Kleinfelder's geotechnical group can assess surface distresses and subgrade deficiencies and recommend appropriate and cost-effective rehabilitation measures. - Trenchless technology using horizontal directional drilling or jack and bore methods used in highly populated areas, intersections, and channel crossing, or when conventional cut and cover is not an option. fc���ni gUr1( t� of Santa Ana On -Call Professional Engineer$??- ai5— RFP No. 23-123 1 Page 141 /21 /2023 GEOTECHNICAL SERVICES WORK PLAN As project requirements are established, the City will authorize individual project/task order. In response to a request from the City, we anticipate following a work plan similar to the tasks listed below. Tasks Necessary for Completion Task 1: Meetings with the City of Santa Ana Project Manager Task 2: Data Review / Health and Safety Plan / Utility Clearance Task 3: Field Exploration Task 4: Laboratory Testing Task 5: Engineering Analysis and Report Task 6: Review of Plans and Specifications To execute efficiently on each project, we will: �M • Commit our key managerial and technical team members to this contract. • Select appropriate staff from our extensive, qualified resource pool. • Appropriately leverage our staff to provide value so that work is performed by the most cost- effective and responsible professional level. • Work closely to integrate our staff with City staff to create one team, without barriers, focused on meeting the City's project objectives. Deii'vei'aoie The deliverables presented to the City will be prepared by Kleinfelder staff, and the project manager is responsible for their organization and delivery. Based on the tasks presented above, the typical geotechnical engineering report prepared will include the following: • Description of the project and approved scope • Scope of Services performed • Subsurface conditions encountered and presentation of boring logs • Results of laboratory testing • Geotechnical conclusions and recommendations for design and construction of the proposed improvements • Supporting references, maps, and figures Suggestions or Special Concerns Kleinfelder strives to provide the most value to the City for services we perform. The value of the scope of work prepared, and the recommendations provided, are impacted by project information/restrictions for each proposed site. Some of the information/restrictions that may be relevant to our scope evaluation are site access restrictions, previous explorations at the site, background and condition of existing improvements, or restrictions to type of equipment during investigation or construction. When this information can be made available to Kleinfelder during the scope preparation of our proposals, we are able to provide a more accurate scope of work the first time, saving time and facilitating getting the project up and running faster and more efficiently. Providing this information to Kleinfelder during the scope preparation of our proposals is extremely beneficial to Kleinfelder and the City. Assumptions and/or Exclusion: Assumptions and/or exclusions are generally specific to each site and project. Each of our proposals will include the applicable assumptions/exclusions based on the project information provided. We are diligent about inquiring with the project team about project information that affects each individual project. icLE�J gUrMi� of Santa Ana On -Call Professional Engineeri�?SEraifi@— RFP No. 23-123 1 Page 1511 /21 /2023 e. Relevant Project Experience The Kleinfelder team is well -suited to provide engineering and support services to the City. The following are representative examples of some of Kleinfelder's more significant work with public agencies in the last five years. 1. City of Santa Ana On -Call Materials Testing And Inspection Services I Santa Ana, CA Year Completed: Ongoing: 07/2021 — 07/2024 1 Client: City of Santa Ana, Public Works Agency; Sean Thomas, PE Senior Civil Engineer / Project Manager, 714.647.5655; Sthomas5@santa-ana.org Key Staff: Dany Hanna, PE, Contract Manager I Jeffery Waller, PE, GE, Geotechnical Engineer I Inspectors / Field & Laboratory Materials Testers: Chris Barry, Jeff Diaz, Michael Magana Project Description: Kleinfelder is currently providing quality assurance materials testing and inspection services for the City of Santa Ana under this three-year on -call contract. The scope of work comprises the improvements for numerous city street projects (federally and locally funded), traffic signals, underground utilities, buildings, bridges, and park facility improvements. Examples of relevant projects under this contract include the following: Jerome Park Ballfield Lighting: Installation of new sports lights, lights pole standards, and conduits at the west field of Jerome Park. Kleinfelder Geotechnical Engineer Mr. Jeffery Waller initially provided a geotechnical engineering review of the allowable bearing capacity and lateral pressure for the foundation design. Our field engineers retrieved soil samples from hand auger borings and ran laboratory testing on relatively undisturbed and disturbed samples of the subsurface soil to provide geotechnical recommendations for the project. Additionally, our materials testers sampled and tested Portland cement concrete placed for the light pole standards. CLIENT BENEFITS ✓Continuity and Depth of Expertise. Kleinfelder uses a centralized dispatching system to ensure continuity of inspectors and materials testers who are multi -certified to cover all aspects of the work. ✓Cost Savings. The Kleinfelder Team utilizes multiple laboratory facilities for equipment storage and inspection/materials testing services to minimize travel time and provide quicker laboratory testing turn -around times. ✓Quality Work. Kleinfelder's staff hold certifications by Caltrans, ACI, AWS/CWI, NICET, and ICC. These certifications, along with related laboratory and field experience and our continuous in-house training program, allow us to provide the City of Santa Ana with inspectors and materials testers possessing current / relevant knowledge of the materials and procedures utilized during inspection and testing services. 2. Orange County Public Works On -Call Construction Services, Geotechnical Engineering & Materials Testing, Construction Inspection Services I Orange County, CA Year Completed: 2022 1 Client: County of Orange, Blaine Thomann, Project Manager, County of Orange, 714-667-4996; Blaine.Thomann@ocpw.ocgov.com I Key Staff: Dany Hanna, PE I Brian Crystal, PE, GE For over a decade, Kleinfelder has been providing construction inspection, geotechnical engineering, and materials testing and inspection services for the County under the direction of Mr. Dany Hanna, PE, Project / Contract Manager. Our services are in accordance with the County / District's Quality Assurance program and support projects for the construction of new or rehabilitation of existing roadways, flood control channels, parks, and/or other infrastructure. Kleinfelder has also held contracts with the County for on -call construction (management & inspection) services from 2017 - 2020 and on - call public relations and graphic design services from 2017 - August 2022. f� KLE�nirMf� of Santa Ana On -Call Professional Engineerih?&er 67- RFP No. 23-1231 Page 161 /21 /2023 Oso Parkway Bridge Replacement, Aliso Viejo: Activities consisted of the removal, relocation, and adjustment of existing improvements, excavation and grading, removal and relocation of existing utilities, construction of new storm drainage and storm water pre-treatment and storage system, construction of curb, gutter, pedestrian walkways and ramps, bridge construction, roadway paving, and new overhead signage and traffic control devices. Kleinfelder has performed concrete batch plant inspection, Portland cement concrete aggregate sampling and testing, and onsite flexural beam fabrication and laboratory testing per Caltrans test methods. Hot mix asphalt batch plant inspections occurred and Kleinfelder material testers sampled the HMA, binder, and aggregates for testing in our Caltrans accredited laboratories. Loma Ridge Road Widening: Loma Ridge Road serves as the only access road to the County's Emergency Operation Center (EOC). Loma Ridge Road begins as a two-lane road at the EOC and transitions to one lane. It continues as a one -lane road for the lower two-thirds of its alignment until it reaches a security gate, southwest of the State Route 241 toll road and Santiago Canyon Road. The County awarded Kleinfelder a geotechnical engineering project to improve the road by widening it to two lanes, replacing the existing pavement for the full width of the road, performing minor grading, and constructing up to 4 retaining walls. 3. City of Ontario/Ontario Municipal Utilities Company I Various On -Calls including As - Needed Professional Engineering Design Services, As -Needed Geotechnical and Materials Testing Services I Ontario, CA Year Completed: 2014 — Ongoing I Client: City of Ontario, Dan Beers, Design & Construction, Principal Project Manager, 909.395.2806; dbeers@ontarioca.gov I Key Staff: Dany Hanna, PE, GE I Jeffery Waller, PE, GE I Eric Noel, PE, GE Kleinfelder has been performing as -needed professional engineering design and geotechnical engineering, environmental, and materials testing and inspection services as an extension to the City's Engineering Department for nearly a decade. 1 u0 - .• • • - ••C ii •• • '- i0 0 •• CLIENT BENEFITS ✓ Responsive and Local The depth of our team and local operation enable us to identify the appropriate in-house staff and schedule for service within hours of receiving requests. D Street Storm Drain Relocation: The project consisted of undertaking ✓ Our local Ontario staff and the redevelopment of a parcel of land located on the southwest corner of laboratory minimize travel the D Street and Sultana Avenue intersection. The property, owned by costs and increase the City, includes an existing drain easement and 24-inch line which laboratory testing and directs stormwater from drainage infrastructure located at the reporting time. intersection of Cherry Street and D Street to the existing drainage system on Sultana Avenue. Given the redevelopment of the property, the goal of this project was to discontinue the existing cross-country storm drain line and redirect runoff from the Cherry Street/D Street intersection to existing drainage infrastructure on Sultana Avenue. C-Block Parking Structure: The Kleinfelder Team provided geotechnical and environmental engineering along with special inspection and laboratory testing services for this new four -level structure located on the northwest corner of C Street and Lemon Avenue. This parking structure features 400 parking spaces, roof parking, eight Tesla motor supercharges, and is part of the continuing redevelopment in Downtown Ontario. The Kleinfelder team provided data gathering and review, preliminary design, site reconnaissance and detailed utility verification, public and private utility coordination, storm drain sizing, geotechnical investigations, geotechnical laboratory testing, geotechnical report, 30% preliminary design and report; and final design. KLEE/ rMii of Santa Ana On -Call Professional Engineeriii?&er M- RFP No. 23-1231 Page 171 /21 /2023 4. City of Industry On -Call Geotechnical and Environmental Engineering I City of Industry, CA Year Completed: 1993 — Ongoing I Client: City of Industry, Josh Nelson, City Engineer, 626.333.2211; jnelson@cityofindustry.org I Key Staff: Dany Hanna, PE, GE I Jeffery Waller, PE, GE I Eric Noel, PE, GE Kleinfelder has been providing geotechnical, environmental, and construction services to the City of Industry for the past 30 years. During this time, we have developed great relationships with their other consultants and the City of Industry's construction inspectors, which leads to efficient execution of projects. Kleinfelder provides the City of Industry with experienced engineers that evaluate each project to deliver the best solutions for the specific situation encountered. Our services have ranged from geotechnical and environmental consulting to complete construction observation and testing services for major roadway improvements, street rehabilitation, water reservoirs, and other municipal facilities including a landfill and hospital. More than 100 projects have been completed to date, including recent projects described below. In the last five years, Kleinfelder has supported the City of Industry for design and construction of improvements along streets of various sizes within the city. Services have included investigations for roadway widening, additions of bus turnouts, and roadway rehabilitation. Many of the projects have required geotechnical design enhancements such as geogrid, cement -treated subgrade, or other measures to reduce pavement section thickness, reduce the instances of utility conflict, and reduce project costs. Recently, we have been requested to provide recycled asphalt pavement recommendations to reduce waste and re -use most of the existing materials. CLIENT BENEFITS Examples of relevant projects under this contract include the follow�na: ✓ One -Stop Shop. We have Gale Avenue Pavement Evaluation: Evaluated the existing provided the City of Industry with condition of the asphalt concrete pavement and provided a range of in-house services over design recommendations for the rehabilitation of Gale Avenue, our 30-year relationship with the from 1400 feet west of Stoner Creek Road to 400 feet east of City, eliminating learning curve Coiner Court. Low strength subgrade soils and high traffic and saving time and costs. volumes resulted in a deep pavement section. Kleinfelder incorporated layers of geogrid within the subgrade soils and aggregate base section to reduce the thickness of the pavement section, reduce the impacts on shallow water lines. This approach reduced the project costs and shortened the project schedule. Arenth Avenue Reconstruction: Kleinfelder advanced geotechnical borings and test pits to provide the City of Industry with geotechnical recommendations for reconstruction of Arenth Avenue. The reconstruction design included optional recommendations for the overexcavation and recompaction of subgrade soil, placement of geogrid within the aggregate base, the use of cement -treated subgrade soil, placement of cement -treated base, and the placement of recycled asphalt pavement by the cold central plant method. Kleinfelder also performed observation and testing services during reconstruction of the pavement section to ensure that our geotechnical recommendations were incorporated into the project. 5. On -Call Geotechnical and Environmental Services I City of Los Angele6 , CA Year Completed: 1997 — Ongoing I Client: City of Los Angeles, Patrick Schmidt, Geotechnical Engineering Manager, 213.923.5984; patrick.schmidt@lacity.org I Key Staff: Dany Hanna, PE, GE Jeffery Waller, PE, GE I Eric Noel, PE, GE I Jeff Walker, PE, GE Kleinfelder has been the geotechnical engineer for numerous on -call contract task orders for new and existing facilities. The scope of work has ranged from slope stability and groundwater issues to complex geologic and geotechnical areas of faulting, natural methane, and other potential hazards. We have provided geotechnical services for reconstruction of fire stations, a vision theater, community development centers, bulkhead retaining walls, bridge reconstruction, parks, and sewer mains. rvii of Santa Ana On -Call Professional Engineen1? eraiW — RFP No. 23-123 1 Page 181/21 /2023 Sheldon Arleta Park and Landfill, Geotechnical Investigation and Data Report: Subsurface investigation services included a geophysical survey, hollow stem auger borings, and cone penetration tests. A geophysical survey was also performed to assist in delineating the location of an existing underground storage tank. Proposed San Fernando/Cazador Livability Services Division Facility: Geotechnical investigation and construction materials inspection services at the proposed facility. The project design included deep foundations for support of the solid waste collection activities. The investigation was performed using hollow -stem and mud -rotary drilling and associated laboratory testing. During construction, Kleinfelder performed observation and testing of approximately 22-foot deep, 30-inch diameter foundations, concrete inspection and testing, and grading observation and testing. 6. As -weeded t eotecnnical Engineering, Materials Testing, Construction UbServation, and Inspection I John Wayne Airport I Orange County, CA Year Completed: 2002 — Ongoing I Client: John Wayne Airport, Sean Lally, PE, Airport Engineer, 949.252.6013; slally@ocair.com I Key Staff: Brian Crystal, PE, GE Kleinfelder has provided geotechnical engineering, materials testing, and construction observation and special inspection services at John Wayne Airport for 18 years. We were recently awarded a three-year contract (2017 — 2020) and a two-year extension (2020 — 2022) to continue providing these services. Pavement Evaluation for Runway 20R/2L, Taxiway Alpha and Taxiway Lima: Kleinfelder performed a visual evaluation of main Runway 20R/2L, Taxiway Lima, and Taxiway Alpha. The runway is constructed of P-401 asphalt concrete and the centerline was exhibiting a crack along a construction joint. Kleinfelder observed the cracks, collected full -depth cores, and patched the holes with non -shrink grout. The taxiways consist of P-501 Portland cement concrete in slabs ranging from 16 to 25 feet square. Teams of inspectors walked the taxiways at night and documented observed distresses in accordance with the PCI distress codes and plotted the locations on satellite images. Over 700,000 square feet of PCC pavement was observed and documented in four nights. The data was presented in written report with recommendations for John Wayne Airport's pavement repair and maintenance program. Kleinfelder will provide quality assurance and testing services for the rehabilitation and construction of Runway 20R/2L, Taxiway Alpha, and Taxiway Lima. Review of Taxiway Bravo Rehabilitation: Kleinfelder performed a third -party review of a consultant's geotechnical report and pavement design recommendations as well as preliminary 65% design drawings and feedback comments in a letter report to John Wayne Airport. Kleinfelder's experience with FAA pavement design and construction resulted in several comments clarifying the design criteria and potentially avoiding costly post -bid change orders. Terminal C Expansion and Parking Structure C: The project consisted of constructing new Terminal C and Parking Structure C, as well as extending the North Concourse at the northern end of Terminal A. Kleinfelder performed a geotechnical study that consisted of a literature review, subsurface explorations, geotechnical laboratory testing, engineering evaluation and analyses, and preparation of a report. The materials investigation included destructive and non-destructive testing to verify column reinforcing size, spacing and splices, as well as location of post -tensioned tendons and anchors in the deck using ground penetrating radar. Construction services included an indicator pile program to evaluate the pile lengths required to achieve the design capacities and to develop driving criteria specific to the pile driving system; a ground vibration study to evaluate if vibrations induced during pile driving could have an adverse effect on adjacent structures; observation during the installation of production piles to maintain records of pre -drill depths, blows per foot, pile tip elevation, actual pile length installed, pile cut-offs, and installation time; and geotechnical observation and testing services during the preparation of the building pad and other earthwork activities, such as placement of utility trench backfill. ALE/0V1 rvii of Santa Ana On -Call Professional EngineeH1? erai3e®- RFP No. 23-1231 Page 191 /21 /2023 f. Willingness to Comply with Agreement Terms Answered in Section b, page 3. g. References Kleinfelder has several recent, relevant, public entity references where the team has performed similar work within the past five years. Below are three references with valid, current email addresses. We encourage the City to reach out to these agencies and learn more about Kleinfelder's successful project delivery. LP Agency Reference Project Scope of Work Josh Nelson, City Engineer City of Industry 626-333-2211 jnelson@cityofindustry.org Dan Beers, Principal Project Manager City of Ontario / Ontario Municipal Utilities District 909-395-2806 1 C: 818-388-0212 dbeers@ontarioca.gov Sean Lally, PE, Airport Engineer John Wayne Airport 949.252.6013 slally@ocair.com On -Call Geotechnical and Environmental Engineering Project Description #4 City of Ontario/Ontario Municipal Utilities Company, Various On -Calls including As -Needed Professional Engineering Design Services, As -Needed Geotechnical and Materials Testing Services Project Description #3 As -Needed Geotechnical Engineering, Materials Testing, Construction Observation, and Inspection Project Description #6 SECTION 1 SUMMARY Section 1 has demonstrated that Kleinfelder Team is the Right Team for the following reasons: Firm / Team Experience: We have a long, successful history of delivering a similar scope of services for various municipal clients including the City of Santa Ana, Orange County Public Works, the County of Los Angeles, Riverside County Transportation Department, City of Ontario/Ontario Municipal Utilities Company, City of Industry, City of Los Angeles, and John Wayne Airport. Understanding of the services: Project Manager / Principal Agent and point of contact Mr. Dany Hanna, PE, possesses a full understanding of the services, requirements, and expectations of these types of projects. Relevant Project Experience: We have performed significant work with public agencies in the last five years. Our references will speak to the quality of our work! On -Schedule, On -Budget Delivery: We will provide the City with proven, technically proficient experts who will consistently deliver high -quality projects within the established schedule and budget. Task delivery is on schedule and complete within the authorized budget by eliminating foreseeable project delays. KLEI.ni�gJnv}� of Santa Ana On -Call Professional Engineen1?&erai,7e4 — RFP No. 23-1231 Page lot /21 /2023 2. SCOPE OF SERVICES AND SCHEDULE Work Plan for All Services Outlined in Attachment 1 (Scope of Work) Scope of Services and Schedule Kleinfelder understands that the City requires the services of a qualified firm to provide as -needed geotechnical engineering and technical services for projects throughout the City on an as -needed basis. All work is to be performed in accordance with The City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and or federal, state, and local guidelines established in the project. The services required may include the following types of work: • Soil Classification and Analysis • Material Testing • Ground Water - Dewatering and Seepage Control Analysis • Seismic Stability • Soil Liquefaction • Slope Stability and Protection • Construction Inspection • Open and Braced Excavations (shallow) • Grading and Site Clearing • Pavement Design • Foundation Design • Retaining Structures - submerged and partially submerged • Fill Compaction • Special Inspections • Subsurface Geotechnical Investigation • Infiltration Testing As a full -service geotechnical engineering and materials testing and inspection firm, we routinely perform all of the above -listed services, as well as field exploration, laboratory testing, and instrumentation. If specialized work is required, Kleinfelder will employ the assistance of a subconsultant while remaining the administrative liaison with the City. Geotechnical Services Work Plan In response to a request from the City, we anticipate following a Work Plan similar to the tasks listed below. Project Management Plan Kleinfelder assigns only experienced and qualified project managers to oversee performance of the work and has procedures for checking that our services are performed in a competent, cost-effective manner. The project manager is involved from the beginning of the assignment, specifically in the scope definition, budgeting, and negotiating phases, prior to the formal notice -to -proceed. The project management plan is prepared once Kleinfelder has received the formal notice -to -proceed. The plan includes all tasks in the scope of work and assigns schedules for completion. The project management plan will be submitted to the City for review within 15 calendar days unless an alternate schedule has been approved. Our lead project manager will also meet with the City project manager to initialize the project expectations in terms of scope of services, schedule, budget, invoicing requirements, project review meetings, and preparation of progress reports. The project manager will also be responsible for reviewing addenda and clarifications provided. Data Review/Utility Clearance For this task, we will review geologic maps in the area of the project site. This is anticipated to include readily available maps and reports available from public agencies and in-house reports for projects in the area. We request that all available information identifying the type and location of utility lines and other man-made objects beneath the proposed improvement areas to be ALE/0V1 rvii of Santa Ana On -Call Professional EngineeH1? erJk7a- RFP No. 23-123 1 Page 111 /21 /2023 provided to us. In addition, existing records of all boring locations will be cleared of public utilities and agencies based on Underground Service Alert (USA) markings and notification. Based on project jurisdiction and scope, we will obtain required permits for the services proposed. As an added assurance against damaging potentially expensive underground improvements, we propose to meet with the site's facilities representative, if available, to review plans of existing utility lines to further define our proposed boring locations where underground utilities are suspected. As we understand Kleinfelder may be responsible for any damage to utilities during field operations, geophysical utility locating services will also be provided to reduce the risk of subsurface utility interaction. Field Exploration We anticipate utilizing the most appropriate field exploration equipment for the project site and intended development. Since Kleinfelder has the ability to deploy many different types of field exploration equipment, we believe that we can provide the City with the most cost-efficient and timely response to virtually any project need. To obtain the most representative samples and thereby characterize the subsurface conditions, we propose to explore the subsurface conditions by using the appropriate small -diameter hollow -stem, rotary -wash borings or large -diameter (24-inch) bucket -auger borings. We believe that these techniques will provide the advantage of both directly obtaining intact samples (rotary wash borings) for seismic characterization and laboratory testing, while providing engineering geologic data (bucket auger borings) necessary for possible deeper cuts in the underlying bedrock materials, and for use in characterizing the soils for storm drain projects. The potential for groundwater -related conditions such as dewatering, seepage, etc. can also be evaluated. We will place the borings in locations where best suited for the features of the proposed site development, in conjunction with the anticipated cuts and fills. Large -diameter borings often will be placed primarily in areas of deeper cuts, to characterize the excavation and stability properties of these materials. The small -diameter borings will be placed throughout the site to provide engineering data for seismic and strength characteristics development, infiltration testing, and evaluation of liquefaction potential. This combination of exploration techniques will also be more efficient, allowing for better coverage of the site with more exploration points. Our borings will be logged by our experienced staff engineers/geologists who will obtain soil samples, record blow counts of the samples, and other pertinent data. We anticipate utilizing a combination of SPT and California/Shelby tube sampling procedures, depending on the materials encountered. The borings can be backfilled with the soil removed during excavation, or with cement/bentonite slurry, if environmental contamination issues are a concern. Laboratory Testing Laboratory testing will be performed on selected samples obtained during the field exploration to assess the physical characteristics of the subsurface material. We anticipate the testing will typically include in -place unit weight and moisture content, sieve analyses, expansion index, shear strength (direct shear, unconfined compression, triaxial), sieve analyses, consolidation, soluble sulfate, resistivity and pH, and Atterberg Limits, and CBR/resistance value (R-Value) for pavement design. We have the capability to perform triaxial testing and permeability testing of soils through a local subcontracted laboratory. Engineering Analysis and Deliverable Based on the results of the field investigation and laboratory testing, geotechnical engineering analyses will be performed to provide the basis for providing engineering recommendations for site preparation and foundation design. Typical analyses will include, but not be limited to, bearing capacity, settlement, temporary construction dewatering, lateral earth pressures, pavement design, soil liquefaction, seismic -induced settlement, deterministic or probabilistic seismic f� KL,E�n�Mi� of Santa Ana On -Call Professional EngineeH1? erai3e3— RFP No. 23-1231 Page 121 /21 /2023 analyses, and temporary slope stability. Site -specific response spectra will also be developed if the project is to be designed using the dynamic procedure. Kleinfelder will analyze the field and laboratory data obtained, perform engineering analyses, and provide recommended design parameters for alternative foundation systems, including earthwork/grading, shallow spread foundations, transition cut/fill systems and reinforced mat or pile/pier systems (if required). The results of our field exploration, laboratory tests, and engineering analysis will be summarized in a written report, prepared under the supervision of a State of California Registered Geotechnical Engineer and Certified Engineering Geologist where needed. The reports will be prepared in accordance with The City of Santa Ana Municipal Code and professional standards established by the City, and/or federal, state, and local guidelines. We understand we have responsibility for our deliverables and anticipate that our report will include, at least, the following items: • Vicinity map and site plan showing approximate field exploration locations • Logs of borings • Discussion of field exploration methods • Discussion of laboratory test procedures used • Results of laboratory tests • Discussion of general subsurface conditions, including fill/bedrock contacts, bedrock orientation, seepage and groundwater conditions, as encountered in our field exploration • Discussion and evaluation of historic and recorded seismicity of the region and development of geologic map and cross section, if necessary • Research and review of available geologic, geotechnical and seismologic publications and maps covering the site and vicinity including the California Alquist-Priolo Earthquake Fault Zones map of the area • A review of aerial photographs covering the site area • A geologic reconnaissance of the site by engineering geologist to observe and map pertinent surface features indicative of possible geologic hazards • Evaluation of the researched data and discussion with conclusions regarding possible geologic hazards affecting the site and the proposed project • Site -specific response spectrum (if required), including review available pertinent geological and soil information to develop representative soil profile for the site and to estimate the site classification in order to use appropriate attenuation relationship in our analyses (site classification will be based on 2022 CBC) • Estimating Site Class per Chapter 16A of 2022 CBC • Performing probabilistic and deterministic seismic hazard analyses in order to develop site -specific seismic design criteria in terms of peak and spectral ground accelerations (SMs, SM,, Sps, and Sol) for the Maximum Considered Earthquake (MCE) and the Design Earthquake (DE) per Section 11.4.8 of ASCE 7. The analyses use, and therefore include regional faulting and seismicity. • Analysis of liquefaction potential and discussion of mitigation measures, if needed • Determination of earthquake induced settlement and lateral spreading at the site, if needed • Recommendations for foundation design including parameters for various alternatives, including: - Shallow footings, slabs -on -grade, and subgrade preparation L��nd�gUrvt� of Santa Ana On -Call Professional Engineeriii?Ser,17 - RFP No. 23-1231 Page 131 /21 /2023 e.gnr Rrr +. xr sr,rM.. - Overexcavation limits and depths across the site Cut/Fill transition system - Modulus of subgrade reaction - Driven pile or drilled pier system • Anticipated total and differential settlements for the foundation systems • Recommendations for mitigation of slope instability or landslides • Recommendations for ground improvements or other measures for liquefaction -related issues • Recommendations for support of slabs -on -grade • Recommendations for lateral load resistance (including basement wall design) • Recommendations for site preparation, earthwork, and fill compaction specifications • Discussion of anticipated excavation (cut stability, groundwater) conditions • Recommendations for excavation stabilization, including hydrostatic design, tie -back walls and shoring systems • Recommendations for flexible and rigid pavements • Recommendations for underground utility trench backfill • OSHA classification of soils for stability during temporary trench excavations Construction Inspection Services Testing and inspection services are performed during the construction phase of the project and generally include services involving grading, testing of soils, soils compaction, aggregate base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, paint thickness, and other quality assurance services as needed. Scope and fee estimates are based on project plans, specifications, and construction schedule. Project Scheaule If selected, we anticipate beginning our typical field exploration services within 3 days following notice - to -proceed, subject to equipment availability. Depending on the type of project, we typically anticipate issuing our draft report within 3 to 4 weeks following completion of our field work. If needed, we can provide preliminary information as it is developed to allow for the design team to expedite work. Project Correspondenc, Project correspondence is documented and retained in Kleinfelder project files. Correspondence may include letters, emails, or documentation of telephone calls between members of the project team. Correspondence between Kleinfelder and the City can be provided as requested based on project requirements. ( Kali et 4C �..�r rack Intl lilmali#®e ('n,nfrn Plan An important aspect of Kleinfelder's ability to provide reliable service is in our proactive Quality Control and Quality Assurance (QA/QC) Program. Kleinfelder's system of quality control involves every step in the preparation of proposals, sampling plans, and project deliverables. Oversight of technical and quality control activities is provided through Kleinfelder's Quality Assurance Program. Through oversight, surveillance, and audits, Kleinfelder verifies that activities are conducted by trained and qualified personnel, that testing equipment is calibrated and traceable, and that work processes are conducted in accordance with industry standard processes and procedures Quality assurance personnel are independent of the work being performed and provide objective verification that project quality standards are being maintained. ggnv{� of Santa Ana On -Call Professional Engineen1? eraicJe5— RFP No. 23-1231 Page J41 /21 /2023 e•ynr++rr .. xr sr,rrM.r. Quality management at Kleinfelder is built around three major components: 1. Kleinfelder Quality Management Program (KQMP) 2. Kleinfelder Quality Procedures (KQP) 3. Kleinfelder Technical Guidance Documents (KTGD) Project managers are responsible for ensuring every deliverable produced under their direction undergoes a peer review. Project managers may delegate responsibility for managing the peer review process to the author(s) of deliverables under their direction but retain the ultimate accountability. A Qualified Peer Reviewer is an individual nominated by the respective Practice and Specialty Leaders and approved by Technical Discipline Leaders, whose technical competency, practical experience, professional judgment, and education qualify them to conduct peer reviews. Only individuals posted on the list of Qualified Peer Reviewers may serve as Qualified Peer Reviewers. Our application of quality control procedures throughout the life of projects results in cost savings for our clients and improved project quality and continuity. Kleinfelder develops and maintains QA/QC best practices to ensure high -quality work and results; these best practices include the following: Experienced Project Managers and Technical Staff — Kleinfelder offers access to a highly qualified, diverse staff of professionals, engineers, and scientists, and our top priority is to match the most appropriate staff to the assignment. The named project manager is involved from the beginning of the assignment, specifically in the scope definition, budgeting, and scheduling phases, and facilitating coordination with subconsultant firms. Kleinfelder will assign only experienced and qualified professionals among our team of subconsultant partners to perform the work. Kleinfelder strives to maintain consistency in its lead and technical support personnel from the beginning of an assignment through its completion. Appropriate Registrations and Certifications — Our team possesses the appropriate experience and applicable registrations and certifications to fulfill the requirements of the proposed work areas in this RFP. Our team comprises registered professional engineers and geologists, and others with appropriate registrations and certifications. All of our services, including the review or preparation of reports will be performed under the direction of professionals appropriately registered in their technical disciplines. Peer Review of Deliverables — Kleinfelder follows a well -established in-house review process utilized for all technical reports, design drawings, specifications, and project documents. This procedure has been formalized to establish the requirements and procedures for the performance and documentation of peer reviews of written communication ("Deliverables"), transmitted as a work product developed by Kleinfelder personnel or under Kleinfelder direction. Each document, whether a draft or final version, undergoes a peer review by a senior professional with the technical skills to perform the review. Each review is documented KLE�ni gUrl i of Santa Ana On -Call Professional Engineeri�?SEraiA— RFP No. 23-123 1 Page 151 /21 /2023 ,3 -�Wm on a peer review sheet, which is maintained with the copy of the master report file. Draft reports, which are updated to incorporate peer review and client comments, as appropriate, go through another round of document review, which is also documented. Data Quality Objectives — Kleinfelder's approach for generating quality data involves integrating staff resources from multiple scientific and engineering disciplines into a team of professionals who will coordinate with the City's and regulatory agency's technical and management personnel to ensure that the data quality is appropriate for its intended use. Kleinfelder has a proven track -record of using this teaming approach on previous projects for private and municipal clients. Quality control will be integrated into each task from project beginning and will include appropriate staffing to provide peer reviews and senior reviews throughout the project. Critical to obtaining quality data are defining the sampling objectives, using the right sampling equipment and techniques, using the correct analytical procedures, implementing electronic verification procedures, appropriately managing databases, and double-checking results. Field Activity Quality Control - Where field activities are required, quality control is implemented as a three-phase quality control program. The initial phase occurs prior to commencing field work. A preparation meeting is held with Kleinfelder's project manager, City project personnel, and subcontractors to review project plans and procedures and ensure all necessary equipment is available and in good working order. Safety hazards precautions are also reviewed. Prior to initiating field activities, Kleinfelder will prepare a Health & Safety Plan (HASP), and depending on the complexity of the work, a work plan. These plans will provide the quality objectives for the project and address issues such as the number and types of samples, the desired level of confidence, the sampling methods, the analytical procedures, the QA/QC implementation, and data validation/verification procedures. As part of this QC process, project personnel are required to review and sign that they have reviewed the final work plan and standard operating procedures as part of the project -specific training prior to conducting field activities. After field work is in progress, an interim inspection is conducted in the field by the task leader, quality manager, or other designated professional. If any deficiencies are noted, this inspection allows corrective measures early on. Finally, after the field work is completed, the task leader and project manager are provided an audit of the effort to make sure all requirements were met. Documentation of these inspections is maintained in the project file and included in deliverables. The reliability and credibility of the generated analytical data will be verified by including scheduled analyses of field duplicates, equipment and trip blanks, and spiked samples. These field quality control samples, as well as laboratory control samples, are a routine aspect of data reduction, validation, and reporting procedures. SECTION 2 SUMMARY Section 2 has demonstrated Kleinfelder's understanding of this contract, approach, and tasks and deliverables necessary to successfully deliver the full scope of services. Our QA/QC procedures ensure that all deliverables (including those from our subcontractors) are reviewed for quality and technical accuracy before being sent to the City and team members. We have assembled the right project team that is qualified, committed, and available to deliver all services from day one of the contract in accordance with project schedules. Our seamless work plan includes a detailed discussion of all the tasks/activities anticipated for this contract. The Kleinfelder team uniquely combines our qualified local professionals with firm -wide technical experts to seamlessly and cost-effectively provide the appropriate technical resources to solve any of the City's project needs. This contract will be our priority and all key personnel will be made available to support task orders. We understand that it is crucial to have a qualified and experienced team of project staff to meet the demands of this contract, while minimizing project costs. Our team approach, project management, document control, technical review, and quality management practices allow for seamless continuity of work already in progress in the event of the loss of a key member of the project. IfLE1N�' nv{� of Santa Ana On -Call Professional Engineen1?&erJk7eb?— RFP No. 23-1231 Page V /21 /2023 3. FEE PROPOSAL Attached as separate file, per instructions. kLE.YNAWtVD(976uncll City of Santa Ana On -Call Professional EAYnserli�aervices — No. 23-123 11 /21 /2023 4. CERTIFICATIONS Attachment 3-1: Non -Collusion Affidavit Attachment 3-2: Non -Lobbying Certification Attachment 3-3: Non -Discrimination Certification _ �ynt wurr�. Rry:�r Snt.ievu.. City of Santa Ana On -Call Professional Qiinuert�%rvices — No. 23-123 11 /21 /2023 Appendix ATTACIE1 ENT 3-1.: NUN -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA IMPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the hid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any ether BTDDI R to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the RTDDrR 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 unernber or agent thereof to effectuate a collusive or share bid. Note: The above Non -collusion Affidavit is part of the Proposal, Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit, BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirnicd) before me on this day of , 20_, by proved to me on the basis of satisfactory evidence to he the person(%) who appeared before me. Notary Public :s t' /U rry Public Seal City of Santa Ana RFP 23-123 page City Council — 180 11/21/2023 CALIFORNIA JURAT 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 '5�Q/7 Subscribed and sworn to (or affirmed) before me on this �� /, day of l� V S ' �' Dote Month Year by Dq4 114,7,a Name of Signers proved to me on the basis of satisfactory evidence to be the persorl(s�who appeared before me. Signature;Vz&�� x Signature of Notary Public ■129L9hl1� MICHAEL<TANNAR r COMM. # 2376861 � z ` NOTARY PUBLIC - CAI IFORNI SAN BERNARDINO COUNTY My Comm. Expires September 28, 2025 Seal Place Notary Seal Above Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended document. Description of Attached Document Title or Type of Document: lv,0— Cv NuSfc3f► ic Document Date: Number of Signer(s) other Than Named Above: 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 Membei° of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or wi Il 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 subinit 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 Kleinfelder, Inc. Signed and Printed Title Vice President I]atc X / '2 \ I 9 c3 2 Hanna, PE — - city of Santa Ana RFP 23-123 City Council -— 182 11/21/2023 Appendix ATTACHMENT 3-3. NUN -DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 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 ongin. 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 11.246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall fitnnish 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. Tn 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 1.1246 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 of Santa Ana RFP 23-123 City Council age — 183 11/21/2023 by rules, regulations, or Orders of the Secretary of Labor issued pursuant to Section 204 of Executive Girder 1124E 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 Iitigation 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 he made in the employment of persons upon public works because of race, .religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Dan Hanna, PE, Vice President Firm: Kleinfelder, Inc. Date: A-T 2 �, .2 City of Santa Ana RFP 23-123 City Council Page A U— 184 11/21/2023 EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates, if applicable City Council 17 — 185 11/21/2023 :1913 311107, Professional............................................................................................................................... $ 120/ hour StaffProfessional...................................................................................................................... $ 150/ hour Project Professional................................................................................................................... $ 175/ hour Senior Professional................................................................................................................... $ 200/ hour Principal Professional................................................................................................................ $ 225/ hour Senior Principal Professional..................................................................................................... $ 275/ hour ProjectManager........................................................................................................................ $ 220/ hour Senior Project Manager............................................................................................................. $ 260/ hour CADTechnician......................................................................................................................... $ 125/ hour GISTechnician.......................................................................................................................... $ 150/ hour Project Controls Professional.................................................................................................... $ 130/ hour Field Soils & Materials Tester: Prevailing Wage Group 1.......................................................... $ 180 / hr. Special Inspection & Batch Plant: Prevailing Wage Group 2.................................................... $ 185 / hr. Non-destructive Testing: Prevailing Wage Group 3.................................................................. $ 190 / hr. Special Inspector & Materials Tester: Non -Prevailing Wage ..................................................... $ 98 / hr. Administrator............................................................................................................................. $ 100/ hour Project Administrator................................................................................................................. $ 125/ hour Public works projects or projects receiving public funds are subject to Prevailing Wage laws. The above rates for professional and administrative staff are for services not subject to prevailing wages. If during the term of this contract, these services are reclassified as qualifying for prevailing wages, then we will provide hourly prevailing wage rates at that time. Applies to all professional rates including but not limited to civil, mechanical, chemical, electrical, geotechnical, and environmental engineers; industrial hygienists; geologists; hydrogeologists; hydrologists; and computer specialists. Hourly rates assume that other direct costs will be billed and reimbursed by the client. Kleinfelder reserves the right to adjust the fee schedule on projects where other direct costs are not reimbursed. Refer to the attached Basis of Charges for additional fee schedule information. Kleinfelder Fee Smedule I)/ ouncl Y o an a na 17 — 186 11 /21 /2023 08/2023 BASIS OF CHARGES 1. A two-hour show up minimum charge will be made for all field services where work is cancelled less than two hours prior to the requested start time. A four-hour minimum charge will be made for any field services in excess of two hours. An eight -hour minimum charge will be made for field services in excess of four hours per day. 2. Time worked in excess of 8 hours per day (Monday - Friday) and up to 12 hours per day on Saturday will be charged at 1.5 times the hourly rate. Time worked in excess of 12 hours per day (Monday — Saturday) and all time worked on Sundays and holidays will be charged at 2 times the hourly rate. 3. Per diem will be charged at cost for all projects in excess of 50 miles from the nearest Kleinfelder office. 4. Office support staff, non -prevailing wage staff, and laboratory testing rates will be escalated 3% annually following the first fiscal year of the contract (November 19, 2024) for the duration of the contract. 5. Rates for all staff classifications subject to prevailing wages per the DIR will be escalated 3% annually on July 1 st for the duration of the contract. The escalation for the first year of the contract will be delayed until November 19, 2024 (the end of the first fiscal year of the contract). 6. Vehicle mileage will be charged at the current IRS reimbursement rate portal-to-portal from the nearest Kleinfelder office. 7. The proposed fee includes standard invoicing with time detail summary. Additional administrative time will be charged if invoice backup information (timesheets, daily field reports, or work summaries) is requested. 8. Certified payroll for prevailing wage projects will be provided only if requested and will be subject to additional charges for administrative time for each pay period. Kleinfelder Basis of Charges for the City of Santa Ana Revised 05/2021 City Council 17 — 187 11/21/2023 SOIL DENSITY TESTS Test Standard Test Methodt Eee Standard Proctor D698, T99 $ 290 each Modified Proctor D1557, T180 $ 290 each Rapid Determination of Compaction* 1-Point Proctor, Check Point D5080 T272 $ $ 250 each each 170 Proctor Oversize Correction D4718 Treated Soil Proctor D558 $ $ 90 each 380 each Minimum and Maximum Relative Density D4254, D4253 Maximum Density by Vibratory Hammer D7382 $ $ 510 each 660 each Moisture/Density, TEX 113-E TEX113-E $ 330 each Moisture/Density, TEX 114-E TEX114-E $ 330 each California Impact, CT 216 CT216 $ 270 each *Field Test SOIL CLASSIFICATION AND INDEX TESTS Test Standard Test Methodt Fee Visual Classification D2488 $ 35 each Sieve Analysis, % Finer than No. 200 Sieve D1140 $ 110 each Sieve Analysis, Fine D422, D6913, T88 $ 155 each Sieve Analysis, Coarse D422, D6913, T88 $ 155 each Sieve Analysis, Coarse and Fine D422, D6913, T88 $ 200 each Hydrometer Analysis Requires a Sieve Analysis, not included) D422, D7928 $ 185 each Water Content D2216, D4363, T265 $ 30 each Water Content and Dry Unit Weight D2216, D2937, D7263 $ 55 each Atterberg Limits, Single Point D4318-13, T89, T90 $ 145 each Atterberg Limits, Multiple Point D4318-A, T89, T90 $ 220 each Soil Specific Gravity D854, T100 $ 270 each Soil Organic Content D2974-C $ 150 each Fiber Content of Peat Soils D1997 $ 320 each Pinhole Dispersion Classification D4647 $ 630 each SoilpH D4972, G51 $ 70 each Double Hydrometer for Dispersive Soils D4221 $ 330 each Crumb Test for Dispersive Soils D6572 $ 105 each Soil Resistivity G187 $ 190 each Chloride Content $ 85 each Sulfate Content $ 70 each Thermal Resistivity, Per Point D5334, IEEE 422 $ 390 each Thermal Resistivity, Dry -Out Curve D5334, IEEE 422 $ 1140 each tCommon ASTM, AASHTO and DOT test methods. Those beginning with A, B, C, D, E, F, or G are ASTM methods. Those beginning with T are AASHTO methods. Page 1 of 8 Revised 1/2023 City Council 17 — 188 11/21/2023 SOIL BEARING PRESSURE TESTS Test Standard Test Methods Fee California Bearing Ratio, Single Point (proctor not included) D1883, T193 $ 420 each California Bearing Ratio, 3 Points (proctor not included) D1883, T193 $ 780 each Resistance R-Value D2844 $ 390 each Resistance R-Value of Treated Material D2844 $ 450 each Rock Correction for R-Value D2844 $ 100 each Stabilized Soil UC Strength, 1 Point (proctor not included) D1633, D5102 $ 210 each Stabilized Soil UC Strength, Set of 3 CT373, 1 Lime Content, w/o Opt. Moist. D1633, D5102 CT373 $ $ 1140 210 each each CT373, 1 Lime Content CT373 CT373, 3 Lime Contents CT373 $ $ 440 each 1,320 each Eades and Grim Test (Opt. Lime Content C977 Resilient Modulus T307 $ $ 235 each each 570 CTB Strength, Individual Specimen CTB Strength, Set of 3, Without Design $ $ 220 each 500 each CTB Complete Mix Design $ 7,150 each SOIL STRENGTH AND PERMEABILITY TESTS Test Standard Test Methodt Fee Pocket Penetration Value $ 35 each Unconfined Compressive Strength D2166, T208 $ 170 each Direct Shear, 1 Point D3080, T236 $ 180 each Direct Shear, 3 Points D3080, T236 $ 470 each Direct Shear, Residual Strength, Each Pt D3080-Modified $ 300 each Consolidation without Time Rate Plots D2435-Modified $ 410 each Consolidation with 2 Time Rate Plots D2435-A, T216-A $ 540 each Consolidation, All Loads with Time Rates D2435-B, T216-B $ 760 each Collapse Potential D5333 $ 310 each One Dimensional Swell — Wetting After Loadin, Series D4546-A $ 360 each One Dimensional Swell — Wettin After Loading-D4546-B $ 210 each One Dimensional Swell — Loading After Wetting D4546-C $ 570 each Expansion Index D4829 $ 235 each Denver Swell Test $ 210 each Permeability, Rigid Wall D2434 $ 540 each Permeability, Flexible Wall D5084-C $ 470 each Triaxial Compression, CU, 1 Point D4767, T297 $ 600 each Triaxial Compression, CU, 3 Points D4767, T297 $ 1,485 each Triaxial Compression, UU, 1 Point D2850, T296 $ 250 each Triaxial Compression, UU, 3 Points D2850, T296 $ 760 each Triaxial Compression, UU Saturated, 1 Point D2850-Modified $ 360 each Triaxial Test, TEX117E, Part I TEX117E $ 2,145 each Triaxial Test, TEX117E, Part II TEX117E $ 2,145 each Tommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. • Those beginning with T are AASHTO methods. Page 2 of 8 Revised 1/2023 City Council 17 — 189 11/21/2023 AGGREGATE TESTS Test Standard Test Methods Fee Acid Solubility $ 220 each ASR Reactivity, Long Method C227, C1293 $ 2,035 each ASR Reactivity, Short Method C1260, C1567 $ 1,140 each Cleanness Value CT227 $ 200 each Clay Lumps and Friable Particles, per size *(see note below) C142, T112 $ 125 each Coarse Specific Gravity & Absorption C127, T85 $ 100 each Fine Specific Gravity & Absorption C128, T84 $ 175 each Coarse Durability D3744, T210 $ 180 each Fine Durability D3744, T210 $ 190 each Flat and Elongated Particles, per size *(see note below) D4791 $ 115 each Fractured Faces, per size *(see note below) D5821, T335 $ 125 each Lightweight Pieces (Per specific gravity of heavy liquid) C123, T113 $ 350 each Los Angeles Abrasion, Large Aggregate C535 $ 240 each Los Angeles Abrasion, Small Aggregate C131, T96 $ 240 each Mortar Sand Strength C87, CT515 $ 780 each Organic Impurities C40, T21 $ 90 each Sand Equivalent D2419, T176 $ 180 each Sieve Analysis, % Finer than No. 200 Sieve C117, T11 $ 110 each Sieve Analysis, Fine C136, T27 $ 155 each Sieve Analysis, Coarse C136, T27 $ 155 each Sieve Analysis, Coarse and Fine C136, T27 $ 200 each Soundness of Aggregate, per size *(see note below) I C88, T104 $ 180 each Unit Weight C29, T19 $ 80 each Water Content D2216, C566, T255 $ 30 each Texas Wet Ball Mill TEX116E $ 360 each Decantation Wash TEX406A $ 110 each Uncompacted Void Content of Fine Aggregate C1252, T304 $ 170 each *Tests are billed by each size fraction tested. The quantity of fractions tested is de endent on the sample gradation and test method. Test Standard Test Methods Eee. Filter Media, Sieve Analysis includes d10, d6o, es, cu AWWA B100 $ 220 each Filter Media, Mohs Hardness AWWA B100 $ 220 each Filter Media, Percent Silica $ 240 each Acid Solubility AWWA B100 $ 220 each sCommon ASTM, AASHTO and DOT test methods. Those beginning with A, B, C, D, E, F, or G are ASTM methods. Those beginning with T are AASHTO methods. Page 3 of 8 Revised 1/2023 City Council 17 — 190 11/21/2023 Test Standard Test Methodt Fee Concrete Compression C39 $ 40 each Concrete Core Compression C42 $ 100 each Concrete Flexural Strength C78 $ 125 each Hydraulic Cement Mortar Compression C109 field cast $ 40 each Concrete Drying Shrinkage, set of 3* C157 $ 610 Each Concrete Core Thickness C174 $ 55 each Concrete Laboratory Trial Batch** C192 $ 1,485 each Concrete Time of Set by Penetration Resistance C403, C191 $ 2,400 each Concrete Modulus of Elasticity C469 $ 500 each Concrete Splitting Tensile Strength C496 $ 125 each Concrete Absorption C497, C642 $ 190 each Concrete Cylinder Unit Weight C567 $ 190 each Non -Shrink Grout Compression C1107, C579 $ 40 each Shotcrete Compression C1140, C1604 $ 85 each Shotcrete Core Grading ACI 506.3 $ 85 each Concrete Paving Slab Modulus of Rupture C1782 D2936, CRD C164 $ 900 each Concrete Direct Tensile $ 500 each CLSM Compression D4832 $ 55 each *For sets greater than 3, add $100 per prism **Includes up to 9 c finders 4x8 or 6x12 or 9 flex beams, additional cylinders, beams, or shrinkage prisms charged at individual unit rate .................... ROLLER COMPACTED CONCRETE TESTS Test Standard Test Methodt Eee RCC Compression C1435/C39 $ 65 each RCC Air Content C1849 $ 50 each RCC Unit Weight C1849 $ 50 each RCC Consistency and Density VeBe) C1170 $ 1,600 each RCC Accelerated Cure C1768 - modified $ 750 each RCC Trial Batch ACI 211.1 $ 4,800 each RCC Aggregate Mixing ACI 211.1 $ 2,000 each Test Standard Test Methodt Eee Masonry Grout_ Compression C1019, C942 $ 40 each Masonry Mortar Compression C270, C780 $ 40 each Masomy Core Compression and Shear CA DSA $ 200 each Masonry Prism Compression C1314 $ 150 each CMU Absorption and Received Moisture C140 $ 120 each CMU Compression C140 $ 125 each CMU Dimension Verification C140 $ 55 each CMU Lineal Shrinkage C426 $ 300 each tCommon ASTM, AASHTO and DOT test methods. Those beginning with A, B, C, D, E, F, or G are ASTM methods. Those beginning with T are AASHTO methods. Page 4 of 8 Revised 1/2023 City Council 17 — 191 11/21/2023 Test Standard Test Methods Fee Rock Sample Preparation D4543 $ 120 each Rock Direct Shear, 1 Point D5607 $ 350 each Rock Mohs Hardness IRSM $ 55 each Rock Point Load Index, per Point* D5731 $ 65 each Rock Slake Durability D4644 $ 240 each Rock Splitting Tensile/Brazilian, per Point* D3967 $ 120 each Rock Direct Tensile D2936 $ 250 each Rock Triaxial Compression D7012-A $ 420 each Rock Triaxial Compression w/Modulus of Rupture D7012-B $ 560 each Rock Unconfined Compression Rock Unconfined Compression w/Modulus of Ru to ure D7012-C $ 300 each D7012-D $ 500 each Above testing fees include routine sample preparation (end grinding) and sample photographs *Point load and splitting tensile test fees are per break, not per set of 10. EMULSION TESTS EMULSION TESTS Test Standard Test Methods Fee Emulsion Settlement D6930, T59 $ 280 each Emulsion Sieve Test D6933, T59 $ 125 each Emulsion Storage Stability D6930, T59 $ 220 each Emulsion Torsional Recovery CT332 $ 190 each Particle Charge D7402, T59 $ 125 each Residue by Evaporation D6934, T59 $ 140 each Sa bolt Viscosity D7946, T59 $ 190 each Slurry Seal Wet Track Abrasion D3910, ISSA TB100 $ 420 each tCommon ASTM, AASHTO and DOT test methods. Those beginning with A, B, C, D, E, F, or G are ASTM methods. Those beginning with T are AASHTO methods. Page 5 of 8 Revised 1/2023 City Council 17 — 192 11/21/2023 MIX PROPERTY TESTS Test Standard Test Methodt Eee Air Voids Determination (calculation only) D3203, AI-MS-2 $ 65 each VMA Determination (calculation only) AI-MS-2, CT-LP-2 $ 65 each VFA Determination (calculation only) AI-MS-2, CT-LP-2 $ 65 each Volumetric Properties (calculation only) AI-MS-2, CT-LP-2 $ 55 each AC Moisture Content T329 $ 70 each Gradation of Extracted Aggregate D5444 $ 150 each AC Content by Extraction AC Content by Ignition Oven D2172 D6307, T308 $ $ 260 each 190 each AC Ignition Oven Calibration (determination of mix correction) Hveem Stability D6307 D1560 $ $ 420 each 420 each Hveem Stability without Compaction D1560 D6927 $ $ 220 210 each Marshall Stability and Flow does not include compaction each AC Swell CT305 $ 600 each DESIGN AND DENSITY TESTS Test Standard Test Methodt Fee AC Core Thickness D3549 $ 20 each AC Core Unit Weight & Thickness D1188, D2726, D3549 $ 65 each Unit Weight, Gyratory Method D6925, T312 $ 390 each Unit Weight, Hveem Method D1561 $ 370 each Unit Weight, Marshall Method D6926 $ 270 each Maximum Theoretical Specific Gravity D2041 $ 200 each Moisture Induced Damage T283 $ 1,615 each Moisture Vapor Susceptibility CT307 $ 720 each Hamburg Wheel Track, Set of 2 T324 $ 1,210 each Index of Retained Strength Indirect Tensile Strength does not include compaction D1075 $ 1,375 each D6931 $ 1,050 set/3 Indirect Tensile Strength of Cored Specimen D6931 $ 420 each Caltrans Tensile Strength Ratio CT371 $ 2,200 each Caltrans Opt Bitumen Content OGFC CT368 $ 2,035 each Centrifuge Kerosene Equivalent CT303 $ 360 each Film Stripping CT302 $ 180 each Mix Design, Hveem Method WRAP CT367 $ 8,580 each Mix Design, Hveem Method CT367 $ 6,600 each Mix Design, Marshall Method AI-MS-2 $ 3,575 each Mix Design, Superpave Method AI-MS-2 $ 8,250 each tCommon ASTM, AASHTO and DOT test methods. Those beginning with A, B, C, D, E, F, or G are ASTM methods. Those beginning with T are AASHTO methods. Page 6 of 8 Revised 1/2023 City Council 17 — 193 11/21/2023 BOLT TESTS Test Standard Test Methodt Fee Bolt Assembly Suite Bolt, Nut, Washer * F606 $ 285 each Bolt Hardness E18 $ 40 each Bolt Proof Load F606 $140 55 each Bolt Wedge Tensile F606 $55 each Nut Hardness Nut Proof Load E18 F606 $40 $55 each each Washer Hardness *An 'assembly' is one bolt, one nut and one washer. hardness tests on all three pieces. E18 $ each The suite consists of a bolt wedge tensile test, bolt and nut proof load tests, and REINFORCING BAR TESTS 1 Test Standard Test Method t I Fee Bend A370, E290 $ 55 each Rebar Tensile, up to No. 11 A370, E8 $ 120 each Rebar Tensile, No. 14 and No. 18 Rebar Coupler Slip A370, E8 A370, A1034, CT670 $ $ 250 each 190 each Rebar Coupler Tensile, up to No. 11 Rebar Coupler Tensile, No. 14 and No. 18 A370, A1034, CT670 A370, A1034, CT670 $ $ 120 each - each 250 CT670 Strain (Elongation) CT670 Headed Rebar Tensile, up to No. 11 A370, A970 $ $ 25 each 120 each Headed Rebar Tensile, No. 14 and No. 18 A370, A970 Modulus of Elasticity* A370 $ $ 250 each Each 155 Epoxy Coating Thickness A775, A934 $ 125 each Epoxy Coating Continuity — Holiday Test A775, A934 $ 125 each Epoxy Flexibility - Bending_A775, A934 $ 125 each In addition to the testing fee. METAL TESTS Test Standard Test Methodt Fee PT Strand Tensile A370, A1061 $ 205 each Anchor Bolt Tensile, up to 1.5" dia. F1554 $ 190 each Anchor Bolt Tensile, greater than 1.5" dia. Reduced Section Tensile* F1554 A370 $ $ 310 each 155 each Rockwell Hardness Macroetch E18 E381 $ $ 40 each 310 each Charpy Impact, Set of 3 ** Galvanization Thickness A370, A673 B499, E376 $ $ 470 30 each each FirepToofing Density E605 $ 95 each *Machining testspecimens is not included. Additional fees for stress -strain diagram. **Machining testspecimens is not included. Additional fees will be assessed for testing at temperatures other than 40*F. tCommon ASTM, AASHTO and DOT test methods. Those beginning with A, B, C, D, E, F, or G are ASTM methods. Those beginning with T are AASHTO methods. Page 7 of 8 Revised 1/2023 City Council 17 — 194 11/21/2023 DIMENSION STONE Test Standard Test Methodt Eee Dimension Stone, Absorption/Specific Gravity C97 $ 280 set/5 Dimension Stone, Compressive Strength C170 $ 280 set/5 Dimension Stone, Flexural Strength C880 $ 280 set/5 Dimension Stone, Modulus of Rupture C99 $ 280 set/5 MISCELLANEOUS TESTS MISCELLANEOUS TESTS Test I Standard Test Methodt Fee SAMPLE PREPARATION Test Standard Test Methodt Eee Rock Sample Preparation D4543 $ 120 each Sample Crushing $ 180 each Sample Cutting and Trimming $ 40 each Sample Mixing and Processing $ 125 each Sample Preparation $ 65 each Sample Remolding $ 95 each Contamination Fee $ varies each Sample Disposal Fee $ 10 each tCommon ASTM, AASHTO and DOT test methods. Those beginning with A, B, C, D, E, F, or G are ASTM methods. Those beginning with T are AASHTO methods. Page 8 of 8 Revised 1/2023 City Council 17 — 195 11/21/2023 Project Fee Summary FEE SUMMARY SANTA ANA ON -CALL GEOTECIINICAL ENGINEERING SERVICES (RFP 23-123) Senior SUB - Principal Principal Project Senior Project Staff CAD Project TOTAL CONSULTANT LABOR CATEGORY Professional Professional Manager Professional Professional Professional Technician Administrator HOURS LABORFEE LAB FEE FEE TOTAL FEE $275.00 $225.00 $220.00 1 $200.00 $175.00 $150.00 $125.00 $125.00 Billing rate ($1hr) ct Management Plan Review/Utility Clearance Exploration ratory Testing leering Analysis and Report 0 0 4 0 0 1 0 1 6 $1,155 $0 $0 $1,155 0 2 0 0 1 13 0 0 16 $2,575 $0 $0 $2,575 0 1 0 0 1 10 0 0 12 $1,900 $0 $5 700 $7 600 0 0.5 0 0 0 2 0 0 2.5 S413 $2,780 $0 $3,193 1 2 2 2 s is 2 2 37 $6,165 $0 $0 $6,165 HOURS 1 5.5 6 2 1 10 1 44 1 2 1 3 1 73.5 $275 $1,238 $1,320 $400 1 $1,750 1 $6,600 1 $250 $375 $12,208 1 $2 780 $5 700 1 $20 688 ��E�N�� nci I e�gnr City of Santa Ana On-CM17Prefe19&al Engineering Services — RFP No. 23-123 11 /21 /2023 EXHIBIT 5 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND LEIGHTON CONSULTING, INC. TO PROVIDE ON -CALL GEOTECHNICAL ENGINEERING SERVICES THIS AGREEMENT is made and entered into on this 21 st day of November, 2023 by and between Leighton Consulting, 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 August 2, 2023 the City issued Request for Proposal ("RFP") No. 23-123 by which it desired to retain a consultant having special skill and knowledge in the field of geotechnical engineering services on an on -call basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-123. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-123, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A" attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto and incorporated herein by this reference as "Consultant's Proposal - Exhibit B." 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C." Consultant is one of five (5) separate consultants selected to provide services on an on -call basis under RFP 23-123. The total compensation for services provided by all consultants selected under RFP 23-123 shall not exceed the shared aggregate amount of $2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. 10 City Council 17 — 197 11/ 0 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not increase by more than 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws, if applicable. 3. TERM This Agreement shall commence on November 21, 2023 and end on November 20, 2026, with the option for the City to grant up to one (1), two (2) year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 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. 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 10 City Council 17 — 198 11/ 0 embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk, and City agrees that Consultant shall not be liable to City or any other third parry for any such use. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 O1 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000.00 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than$1,000,000.00 per accident for bodily injury or disease. (iv) Professional Liability Insurance with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader 10 City Council 17 — 199 11/ 0 coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: 10 City Council 17 — 200 11/ 0 • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION 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 10 City Council 17 — 201 11/ 0 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. 9. 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. 10. 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. 11. 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 City. 10 City Council 17 — 202 11/ 0 12. 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. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 15. 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 consultant and/or 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, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case 10 City Council 17 — 203 11/ 0 such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES 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. 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: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 10 City Council 17 — 204 11/ 0 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Kristen Williams, PG Area Leader Leighton Consulting, Inc. 2600 Michelson Drive, Suite 400 Irvine, CA 92612 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Neither Party shall be liable to the other under any legal theory, whether in tort, in contract, or otherwise, for any incidental, consequential, punitive, or other indirect damages with respect to any claim of matter arising out of or relating to the Services, this Agreement. b. 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures contained on following page] 10 City Council 17 — 205 11/ 02 SIGNATURE PAGE TO CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND LEIGHTON CONSULTING, INC. TO PROVIDE ON -CALL GEOTECHNICAL ENGINEERING SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO RECOMMENDED FOR APPROVAL: NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: LEIGHTON CONSULTING, INC. By. Kristen Williams Title: Area Leader City Council 17 — 206 11 2Mf 10 EXHIBIT A SCOPE OF SERVICES City Council 17 — 207 11/21/2023 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL GEOTECHNICAL ENGINEERING SERVICES RFP NO.23-123 Introduction / Background The City of Santa Ana intends to retain Geotechnical Engineering Consultants on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide geotechnical engineering services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. In general, work consists of general geotechnical engineering services for Public Works Projects and or related to City facilities. The funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. Scope of Services On as needed basis, the selected firm/s shall provide the City with the following services as described herein. The consulting firms are responsible for any damage to utilities during the locating efforts. The consulting firms selected for these services shall demonstrate the ability and experience in the following types or work and not limited to: • Soil Classification and Analysis • Material Testing • Ground Water- Dewatering and Seepage Control Analysis • Seismic Stability • Soil Liquefaction City of Santa Ana RFP 23-123 City Council age 0— 208 11/21/2023 • Slope Stability and Protection • Construction Inspection • Open and Braced Excavations (shallow) • Grading and Site Clearing • Pavement Design • Foundation Design • Retaining Structures- submerged and partially submerged • Fill Compaction • Special Inspections • Subsurface Geotechnical Investigation • Infiltration Testing The Consultant/s shall also provide services such as: field exploration, laboratory testing and instrumentation. If there are any exceptions to the core of requested services, proposers shall list said exceptions in their proposal (matrix form). For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. General Requirements and Project Deliverables The Consultant's services for the project preparation, special studies/investigations shall include and in be in conformance with the latest editions of the following: The City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and or federal, state and local guidelines established in the project. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the tasks. This plan shall include all milestones and task breakdown for each of the tasks and subtasks included therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed • Deliverables • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence City of Santa Ana RFP 23-123 City Council age — 209 11/21/2023 In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The following services/items shall include. but are not be limited to: 1. Research existing records of utility companies and agencies and coordinate with the involved parties. 2. City may opt to receive only PDF versions of the plans, reports, and studies for reviewing purposes. If so, the Consultant team will provided plans and/or specifications accordingly. 3. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub -consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional -level quality of work product. 4. If included in the on -call project scope, attend meetings with the City staff as required. 5. If included in the on -call project scope, the Consultant shall coordinate permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 6. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications. All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. Proiect Schedule and Progress: Progress review meetings shall be held at intervals deemed appropriate by the City. The Consultant shall furnish two copies of all completed work or partially completed update/status since the last progress review meeting. Progress reports shall be submitted monthly in electronic format indicating achievements and project schedule progress. City of Santa Ana RFP 23-123 City Council ageIt — 210 11/21/2023 City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All reporting and coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities Fee Probosal: In addition to Section IV.13.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of contract to the selected Team. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. City of Santa Ana RFP 23-123 City Council ageIt — 211 11/21/2023 EXHIBIT B CONSULTANT'S PROPOSAL City Council 17 — 212 11/21/2023 • f/ovLeighton a verdantas oompany AMIWL Ip ■��'�� Proposal to Provide On -Call Geotech n ica I Engineering Services P F P No. 23-123 Prepared for The City of Santa Ana Public Works Agency SANTA ANA W.I8 _/: 11�__., SECTION 1: STATEMENT OF QUALIFICATIONS a. Cover Letter.....................................................................................1 b. Contract Agreement Statement........................................................2 c. Firm and Team Experience..............................................................2 d. Understanding of Need....................................................................5 e. Relevant Project Experience............................................................7 f. Willingness to Comply with Agreement Terms.................................10 g. References.......................................................................................10 SECTION 2: SCOPE OF SERVICES SECTION 3: FEE PROPOSAL SECTION 4: CERTIFICATIONS APPENDIX A: TEAM RESUMES City Council 17 — 214 11 /21 /2023 SECTION 1: STATEMENT OF QUALIFICATIONS f/oLeighton a verdantas company a. COVER LETTER August 28, 2023 Gilbert Castillo City of Santa Ana Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 Subject: Proposal to Provide On -Call Geotechnical Engineering Services for the City of Santa Ana, RFP No. 23-123 The City of Santa Ana (The City) Public Works Agency is charged with providing efficient public services to ensure public safety, a prosperous environment, and a high quality of life for its 300,000 residents, as well as local business owners and annual visitors. Leighton Consulting, Inc. (Leighton) stands ready and capable to provide the Geotechnical Engineering services in support of the City's mission. We are confident that our qualifications and experience providing similar services throughout Orange County and directly for the City provide us the edge in delivering high quality and cost-efficient services. Over the years, Leighton has successfully managed more than 150 on -call public agency contracts for cities, counties, and public agencies across southern California. City clients include Anaheim, Newport Beach, Huntington Beach, Costa Mesa, Irvine, Mission Viejo, Lake Forest, and Los Angeles. We have also had the distinct privilege on working for the City of Santa Ana for more than a decade on projects such as the Bristol Corridor Street Widening, the Warner Industrial Park Pavement Rehabilitation. Leighton's services will be mobilized primarily from our Irvine office, fewer than 10 miles from City Hall. Leading our team as Project Manager and primary point of contact to the City will be Christian Delgadillo, PE, GE. Supporting Christian with oversight and quality assurance as required will be Principal -in -Charge, Djan Chandra, PE, GE. Their contact information is as follows: Christian Delgadillo, PE, GE Djan Chandra, PE, GE Project Manager I Associate Engineer Principal in Charge I Sr. Principal Engineer 949.68.4218 1 cdelgadillo@leightongroup.com 949.681.4267 1 dchandra@leightongroup.com Project • 611 Michelson Drive,- 411 Irvine, CA 92612 We have both the experience and operating procedures in place to provide you with the services you need in an efficient and economical manner. Supporting our staff are three in-house laboratories holding certifications from Caltrans, AASHTO, DSA, NICET, LADBS and other local agencies. We provide both standard ASTM and Caltrans testing and can respond with additional testing methods modified to meet specific field and/or contract conditions. As the Area Leader, I am duly authorized to contractually bind the firm. Leighton appreciates the opportunity to serve the City of Santa Ana. If you have any questions or need additional information regarding how we can be of service, please feel free to contact us at your convenience. Respectfully submitted, LEIGHTON CONSULTING, INC. f Kristen Williams, PG Area Leader 2600 Mi o riv ,. ui e rvine, 10.1421 www.leig Nngroup Cam 17 — 216 11/21/2 b. Contract Agreement Statement: Leighton has reviewed the Agreement (Attachment 2 of the RFP) and concurs with any and all provisions contained within. c. Firm and Team Experience For more than 60 years, Leighton Consulting, Inc. (Leighton) has leveraged our experience and expertise to assist public agency clients in meeting the needs of its growing communities, which , Le Iqhton require Improvement to and maintenance of critical public infrastructure. Our ability to provide efficient and expeditious — a vaa-dantas company geotechnical, environmental, and materials testing services lies with our experience and depth of staff. Our goal is to support and THE BEST CHOICE FOR strengthen our client's efforts by supplying experienced staff and S A N TA A N A resources that will provide reliable results, efficiently coordinated and reported to you and your staff while ensuring that public 62 Years resources and taxpayer dollars are protected and well spent. of Industry Experience, incorporated in 1961 Why Leighton? 10 Miles We know the City of Santa Ana. In addition to our distance between more than 60 ears of experience as a firm our team y p � our HQ and City Hall has served the City of Santa Ana for more than a decade. During this time, our staff have gained insight 180 Professionals into your preferences and processes, including the City offering a variety of specializations of Santa Ana Municipal Code (SAMC) and other professional Standards established by the City, state, 8 Office Locations and federal guidelines. We understand your dedication Irvine HQ I Irvine Lab I Palm Desert to providing efficient, innovative and effective services Rancho Cucamonga San Diego + Lab to your community and are honored to have assisted Santa Clarita Temecula + Lab with that mission. We are confident that our continued Ventura partnership would support the City's overall goal of creating a safe environment that allows your Our Project Manager community to realize a higher quality of life. Christian Delgadillo, PE, GE Associate Engineer 0 We're local. Our local office and laboratory are 10 949.68.4218 1 _ miles from Santa Ana City Hall, allowing for convenient, cdelgadillo@leightongroup.com O• • •. timely services when you need them. Additionally, we r have decades of experience serving nearby agencies, including the Orange County Public Works Department, and the cities of Anaheim, Yorba Linda, Brea, and Newport Beach. Leighton has completed thousands of projects in the region, giving us an incomparable history and basis for understanding a variety of site issues and constraints throughout Orange County. We offer a broad range of expertise. Leighton has nine offices in Southern California, staffed 94 with more than 180 professionals, including geotechnical and civil engineers, professional ...._ geologists, certified engineering geologists and certified field technicians and inspectors. While we have curated a team to best fit your needs, the full range of our team's expertise is always available to the City. We provide testing and inspection services on an accelerated schedule. Your projects will be _ completed safely on time and on -budget due to Leighton's continuously improving ability to properly staff and structure our project teams to respond to public projects requiring as -needed consulting services. We also offer a local management team with experience and autonomy to make onsite decisions and maintain project budgets and timelines. City Council 17 — 217 11/21/2023 The Leighton Team We believe that having a dedicated team gives us the ability to be responsive and available when performing and completing services. Because of our vast experience, our project managers are able to anticipate and accommodate fluctuations in personnel needs before they affect your projects and tasks. Leading our team is Christian Delgadillo, PE, GE, who will serve as Project Manager and the primary point of contact to the City. Christian has more than 13 years of experience providing geotechnical engineering services in southern California, with an emphasis in serving cities and municipalities in Orange County. Christian will be supported by Djan Chandra, PE, GE, serving in the role of Principal in Charge and supporting Quality Assurance. With 35 years of experience, as well as direct experience working with the City of Santa Ana, Djan is a true expert of Geotechnical Engineering. This duo has successfully worked together on dozens of On -Call contracts for local public agencies and look forward to bringing this expertise to the City. Resumes for our complete and carefully selected project team, which includes the availability % for each member, are provided in the Appendix A at the end of this proposal. PROJECT MANAGER/PRINCIPAL AGENT I Will provide contract administration, senior oversight, and corporate coordination to ensure all Work Orders are adequately staffed and continuity is maintained. He will be directly responsible for the execution and results of scope of work. EDUCATION • MS, Civil Engineering • BS, Civil Engineering PROFESSIONAL LICENSE • CA Geotechnical Engineer — 3144 • CA Civil Engineer — 83331 YEARS OF EXPERIENCE • 13 total • 10 years w/firm OFFICE LOCATION Irvine Christian Delgadillo, PE, GE Associate Geotechnical Engineer • Experienced providing all the Geotechnical Engineering tasks listed in the RFP • Experienced in geotechnical investigations, from the proposal stage through site investigation, testing, analysis and completion of reports, for various types of public works, transportation, governmental and utility projects Areas of expertise include drilling and sampling of soil and rock using various techniques. in -situ permeability testing, field instrumentation, and interpretation of results from SPT, CPT, and geophysical surveys • Skilled in slope stability analysis, seismic hazard analysis, ground motion study, liquefaction analysis, deep and shallow foundation design, pavement design, retaining wall design, and other computer applications QUALITY ASSURANCE/PRINCIPAL IN CHARGE I Responsible for verifying that our deliverables meet project requirements and provide technical quality review of geotechnical reports. Understands the critical importance of timely, accurate, and fully vetted geotechnical information. EDUCATION • MS, Civil Engineering • BS, Civil Engineering PROFESSIONAL LICENSE • CA Geotechnical Engineer — 2376 • CA Civil Engineer- 50068 YEARS OF EXPERIENCE • 35 years total • 35 years with firm OFFICE LOCATION Irvine Djan Chandra, PE, GE Principal in Charge / Quality Assurance - • Vast experience in developing practical solutions for complex geologic conditions and geotechnical issues in Orange County 4M • Extensive knowledge of geotechnical field investigative techniques, laboratory testing procedures, and field instrumentation • Expertise in computer software for geotechnical engineering applications, including FLAC and Plaxis • Project manager for multiple on -call contracts for various municipalities: - County of Orange, Public Works Department - Cities of Santa Ana, Anaheim, Huntington Beach, Irvine, Lake Forest, Mission Viejo, Newport Beach - Irvine Ranch Water District, Yorba Linda Water District, Moulton Niguel Water District City Council 17 — 218 11/21/2023 We are accustomed to responding to rigorous demands in the field, laboratory and office. We know our staff and their individual strengths and personalities. Our objective is to provide you with the well -qualified and capable staff members who can effectively execute your project, and who fit well with your task -specific team. Organizational Chart The organizational chart below illustrates our team structure and the roles they will assume for the contract. PRINCIPAL IN CHARGE ❑lan Chandra, PE, GE Roderick Marcia Laboratory Manager Leighton Special Inspectors ICCIACl/CaItmns Cerfif.ed Leighton Laboratory ce,rtihed / ACCrediied by Caiirans & AASHTO Project Highlights: BRISTOL STREET CA Engineers + Geologists 65 G I S/AutoCAD 3 Lab Testing Technicians 14 Field Technicians 53 Special Inspectors 12 Materials Engineering Team 4 6City of Santa Arta Public works agency Qnd'ail G¢nie.c'F+n Kcal E*�g�nnnring Se C h RFP N. 23,114 Joe Roe, PG, CEG Engineering Geologist Geologist / Engineers 54 aff/Proje T Level Experience with the City of Santa Ana WIDENING PROJECT Leighton performed a geotechnical investigation for Phase I of the Bristol Street Widening Project, extending from Pine Street to McFadden Avenue, a 4,300-foot-long segment consisting of at least two lanes in WARNER INDUSTRIAL PARK Joel Beckham Field Supervisor Soil Technicians Calr raps CerTI Fled each direction. Leighton's subsurface investigation involved hollow -stem auger borings drilled to a maximum exploration depth of 5.5 feet below the existing pavement surface. Bulk soil, asphalt, and aggregate base samples were collected. Laboratory tests consisted of R-value and moisture & density, and were performed in conformance with ASTM procedures. AREA 1 AND AREA 2 PAVEMENT REHABILITATION Leighton completed a geotechnical exploration for pavement rehabilitation of 17,800 linear feet of primary two-lane streets within the Warner Industrial Park. The exploration consisted of 20 borings, pavement condition surveys, and non-destructive pavement deflection testing. Laboratory testing program included tests on representative samples for in -place dry density and moisture content and R-value. Based on the results of our exploration, laboratory testing and geotechnical analyses, we recommended three alternatives for pavement reconstruction. City Council 17 — 219 11/21/2023 d. Understanding of Need Our goal for every project is to deliver a technically excellent work product that achieves optimal benefits for the City. Key to achieving this goal is effective communication with the City and all stakeholders throughout the course of the project. We find that client input is invaluable in streamlining our processes and developing recommendations that attain a client -specific balance between what is ideal and what is cost-effective. As such, we will initiate and maintain close coordination with the City and, if desired, ensure that all work products are initially submitted in draft form to solicit input from City staff before finalization. Effective Communications and Staffing Cost Controls The Leighton Team will hold internal weekly management meetings to forecast our personnel resource utilization. We discuss current workload and anticipated "notices to proceed" for all on -going and new contracts. As part of this management, we will be communicating with the City so we understand and anticipate specific task orders. This allows us to ensure staff continuity through each project as we greatly understand the value of personnel continuity for each specific project. All of our offices are interconnected Microsoft Teams to allow for all of our staff to work effectively on projects regardless of where the work is. GIS/CADD functions are centralized for improved productivity and reduced costs. This benefits the City in that we can efficiently work on your projects regardless of location, and we can quickly mobilize to meet your schedules. Further, data can be rapidly posted on our secure web -based client portals. Supported with our deep bench of California -licensed professionals here in southern California, we will also be prepared to respond to your needs on short notice -- such as natural disasters and emergencies; as we have in the past. We can provide the City a specific on -call 24/7 telephone number. Using real-time accounting, our Project Managers can have a snapshot of costs at any time (typically daily). Project Managers will work closely with the City to manage costs, and keep City personnel informed about our progress and remaining budget for a given project. We will not exceed an agreed -upon budget without prior written notice from appropriate City personnel. To the extent desired by the City, we will also communicate with you to keep you aware of our progress on Task Orders, including schedule and budget projections (as appropriate). Project Management Leighton uses MetaField as a networked and integrated Field Information Management System (FIMS) and Laboratory Information Management System (LIMS). This eliminates the need for paper in the field, laboratory and/or office; although we produce printed copies of any documents you need or want, at any time. Our field staff is equipped with company -provided cell phones, networked laptops, tablets and wireless (Bluetooth®) printers for those regulators and clients who still require paper. This system allows us in real time to email data typically as a PDF, or post data on a web page for your independent and secure access. Leighton uses MetaField to Field staff will be mobilized from our nearby Irvine office, with support eliminate unnecessary paper from our other Southern California offices, as needed. Field staff and provide you real time personnel are dispatched using MetaField, which e-mails their data from the field, all in one assignments to their phone and/or tablet, so they can see the site G secure location. location, site -specific contact persons, and prior data acquired for that site. All data acquisition is stored and transmitted electronically, using a secure cellular network and the Cloud. Field staff either accepts or declines assignments based on their current work backlog, and scheduling is viewed on a MetaField calendar for project managers to review and coordinate. Quality Control/Quality Assurance Diligent quality control and quality assurance are essential for the technical excellence of engineering services and reports. Leighton's quality assurance program consists ultimately of principal review of all deliverables before sub quality City Council 17 — 220 11/21/2023 ur ualit 5 control program rests upon the integrity of our principal engineers and geologists. In this regard, our bench of principal professionals has demonstrated unwavering commitment to quality and professional integrity through their long tenure with Leighton. On each project, Leighton employs several layers of quality assurance procedures to ensure adherence to the project's goals, budgets, and schedules, and to maintain the highest quality technical data. Budget status, work progress, and the results of data collected in the field are conveyed in regular communication from Leighton's Project Manager to the City's designated point(s) of contact. Through constant monitoring of project costs, schedule, and results, and through clear communication with the City, Leighton minimizes change orders throughout the duration of each project to its completion. Documents for agency submittal, including their associated tables and figures, undergo a two- to three- tiered internal review, depending on size and complexity. Data tables and figures are initially drafted by junior staff under the guidance of the Project Manager. Once complete, these work products are combined with the report text to form a complete document for review by the Principal in Charge. The QC officer checks both the data points and the broader conclusions of the report prior to submitting a draft report to the City for review. Our quality control approach includes the following steps as illustrated in the accompanying flowchart. • Identification of specified task objectives • Selection of qualified personnel for specified tasks • Compliance with field procedures, as documented in Leighton field procedures manual • Selection and application of systematic data acquisition and analysis techniques • Review of data during the project to conform appropriateness and adequacy of techniques in meeting task objectives • Application of quality control measures during data collection and analysis • Formal project review in which conduct and the work products are critically reviewed and evaluated by senior personnel who have extensive experience and seasoned judgment • Documentation of the Above Terms • Documentation of the above items Leighton QC Manual Data Quality Objectives Sampling Analysis --*� Data Collection . Lab QA/QC Data Validation Technical Review Editorial Review Kraft Report City Council 17 — 221 11/21/2023 e. Relevant Project Experience Leighton has provided On -Call services for Geotechnical Engineering Services for various cities and public agencies across southern California. The list below highlights some of this experience in the past five years. Client Reference information for all of the client projects listed below are provided in section "g. References." Various Geotechnical Engineering Services ORANGE COUNTY PUBLIC WORKS1 SANTA ANA, CA BREA BOULEVARD CORRIDOR IMPROVEMENTS 12017 PRESENT: Leighton was selected competitively to provide geologic and geotechnical services for the widening of Brea Boulevard through Brea Canyon. The road widening will extend approximately 1.75 miles from Canyondale Drive to the Los Angeles County line. The project includes replacing three bridges; construction of earth retaining systems; extending several culverts; and construction new pavement sections. Bridge design was performed in accordance with AASHTO LRFD Bridge Design Specifications with Caltrans Amendments along with Caltrans Seismic Design Criteria. Earth retaining systems include conventional semi -gravity cantilever walls, internally reinforced systems including mechanically stabilized earth (MSE), earth anchor, soil nail and segmental block walls. Alignment of the road will also require the evaluation of slope stability for temporary excavations and permanent cuts. Pavement section design will be performed in accordance with the Orange County Highway Design Manual. ORANGE COUNTY ZOO LARGE MAMMAL EXHIBIT 12021 - 2022- Located towards the back of the zoo in the new Oak Woodlands habitat, the new large mammal exhibit consists of three new buildings: the Holding Building, Auxiliary Holding Building, and LSS-Kitchen Building. Working closely with the architect, our field exploration consisted of six borings to a maximum depth of 22 feet, a geophysical survey to support liquefaction analysis of the site, and a field percolation testing. We evaluated the soil characteristics, including expansion potential, corrosivity, shear strength and shear wave velocity, and geologic hazards at the site such as ground rupture, lateral spreading, and seismically induced settlement. Based on results of our analyses, we developed recommendations for design and construction of the project. During construction, we provided geotechnical observation and testing to confirm that placed fill was suitable for the support of foundations and floor slabs of the buildings and for the bioswale/filtration basin. We met with the general contractor, the County's arborist, and the grading operator when it was discovered that existing tree roots were in the path of proposed overexcavations, and that building and retaining wall footings would encroach underground drip lines for two oak trees and one pine tree. Special inspection and materials testing were performed during construction of the three buildings, bridge, cages, and canopy. Our tasks included special inspection and testing of reinforcing steel, concrete and masonry, ACI certified shotcrete, high -strength grout, ICC field welds, high -strength bolting, material identification verification of hardware, anchors and epoxied anchors and dowels, and shop NDT ultrasonic for complete joint penetration (CJP) welds. City Council 17 - 222 11/21/2023 Central Jail Complex — Multiple Projects ORANGE COUNTY SHERIFF -CORONER DEPARTMENT I ORANGE, CA Working under an on -call contract with OCPW, Leighton provided geotechnical and/or materials testing services for a number of Orange County Sheriff -Coroner Department's (OCSD) projects at the Central Jail Complex (CJX) in Santa Ana. We provided on -call geotechnical engineering support, and observation and testing to confirm that placed fill materials including soils and aggregate base were suitable for the support of foundations, floor slabs, and new vehicular/pedestrian pavements. Observation and testing services were also provided during utility trench backfill operations and during asphalt paving operations. Engineering support and consultation provided by our onsite soils technician included remedial grading recommendations where loose or unsuitable soils for improvement support were encountered. Katella Facility Upgrades ORANGE COUNTY SHERIFF'S DEPARTMENT I SANTA ANA, CA 12019 — 2020: The Katella Range Upgrades project encompassed construction of a roof over the uncovered portion of the Range as well as expanding the Range to the north and south of the existing building footprint. The roof structure was constructed of structural steel with tapered steel girders and wide flange beams. The expanded area was enclosed by concrete masonry unit (CMU) walls, supported by reinforced concrete footings. Leighton performed a geotechnical exploration for the proposed improvements to evaluate the subsurface soil conditions of the site and percolation testing to assess infiltration rates of the soils for design of an onsite stormwater infiltration system. Because the site is located within an area identified by CGS as being potentially susceptible to the occurrence of liquefaction, we performed evaluations for liquefaction potential and provided in our report results of the analyses, including susceptibility of the site to liquefaction and seismically induced settlement. Leighton's geotechnical design recommendations were provided for construction earthwork, slab - on -grade and conventional shallow foundations, seismic design parameters in accordance with the California Building Code, lateral earth pressure parameters for retaining wall backfill, and setbacks of the stormwater infiltration system. Leighton also provided pavement design specifications for asphalt concrete and Portland cement concrete (PCC). Additionally, Leighton performed a geotechnical review to verify that geotechnical recommendations were properly implemented into the foundation and grading plans and water quality management plan. In support of construction, we conducted geotechnical observation and testing of earthwork operations as well as materials testing and inspection, including concrete sampling, structural steel welds, and plant tag and sample for rebar and masonry units. When asbestos containing materials, lead -based paint, and lead -contaminated items were removed from the project site, Leighton managed the air monitoring, sampling and testing services performed by Cal OSHA certified asbestos technicians and verified that removal and containment of hazardous materials were performed properly in accordance with applicable regulations. City Council 17 — 223 11/21/2023 Yorba Linda Water District Headquarters PFAS Treatment Facility YORBA LINDA, CA r -� The Yorba Linda Water District Headquarters PFAS Treatment Facility is one of the largest PFAS Systems of its kind to be installed in the nation, with a plant that can produce 25 million gallons of treated groundwater per day. Leighton provided geotechnical engineering services for a PFAS treatment facility for Wells 1, 5, 7, 10, 12, 18, and 19 at the District's headquarters that consists of 6 pre-treatment vessels and 22 new ion exchange (IX) vessels. Leighton developed geotechnical recommendations for the project, including mitigation measures for liquefaction potential, prepared a geotechnical exploration report, and provided inspection and testing services during construction. This project was awarded both "Outstanding Water Project" and "Project of the Year" at the 2022 American Society of Civil Engineers Orange County (ASCE OC) awards ceremony. City of Anaheim ANAHEIM, CA IMPERIAL HIGHWAY AND BIG SKY LANE WATER MAIN REPLACEMENT 12021 —2022: This project consisted of a Design -Build Water main replacement of approximately 5,000 linear feet of existing pipeline along a portion of Imperial Highway and Big Sky Lane in Anaheim Hills. Leighton performed subsurface exploration along the pipeline alignment and provided geotechnical recommendations for excavation, shoring, backfill, and pavement placement. DWYER DRIVE, LINCOLN AVENUE AND DAHLIA DRIVE WATER MAIN REPLACEMENT 1 202`' ONGOING: Design -Build Water main replacement of existing water main alignments at two locations within residential neighborhoods in Anaheim. The project involves replacement of approximately 4,700 linear feet of water main with 6-inch to 8-inch diameter ductile iron pipe. Leighton performed subsurface exploration along the pipeline alignment and provided geotechnical recommendations for excavation, shoring, backfill, and pavement placement. City of Newport Beach NEWPORT BEACH, CA JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION PROJECT 2021 — PRESENT: Leighton is providing geotechnical observation and testing, material testing, and special inspection services on this Pavement Rehabilitation and Reclaimed Water Conversion Project, spanning an approximate 1-mile section of Jamboree Road, a major vehicular artery between Coast Highway and Ford Road. Our team supports construction elements including cold milling of existing asphalt pavement and overlaying for a majority of the east and westbound lanes of Jamboree; full -depth asphalt concrete repair in localized sections of pavement; concrete sidewalk removal and reconstruction; concrete median curb and gutter removal and reconstruction; and new storm drainage infrastructure. ANNUAL SLURRY SEAL PROGRAM 12021 — PRESENT: Leighton provided materials testing & special inspection services as part of the City of Newport Beach's 2021-2022 Citywide Slurry Seal Program. Project areas included East and West Newport Heights, Cliffhaven, Westcliff Villas, and the John Wayne Park Parking Lot. The project entailed application of 2,900,000 square -feet of Type I Emulsion -Aggregate Slurry (EAS) and CQS-1 h quickset emulsifier at identified locations throughout the City. Our team is provided field inspections during EAS placement, preparation of daily reports, collection of samples, laboratory conformance testing, final close-out report preparation along with management and quality control support. City Council 17 — 224 11/21/2023 f. Willingness to Comply with Agreement Terms Leighton has reviewed the provided Master Service Agreement and does not have any exceptions at this time. g. References We believe the leading indicator of a firm's ability and management commitment to successful project completions is past performance. We encourage you to contact the following references to discuss our attentiveness to project budget, schedule, and scope. -t9u City of Corona rNA 400 S. Vicentia Avenue, Corona, CA 92882 Contact: Kenny Nguyen, PE 1951.817.5765 Services Provided: Geotechnical and Testing Services Orange County Sheriff's Department -'-.ORANGE COUNTY 550 N. Flower Street, Santa Ana, CA 92703 SHERIFF'S DEPARTMENT Contact: Greg Yi 1714.935.84791 gyi@ocsd.org Services Provided: Geotechnical and Testing Services Yorba Linda Water District ®Yorba Linda 1717 E. Miraloma Avenue, Placentia, CA 92870 Water District Contact: Anmar Tohmeh, PE 1714.701.3109 1 atohmeh@ylwd.com Services Provided: Geotechnical Engineering Services Orange County Public Works 601 N. Ross Street I Santa Ana, CA 92701 Public Works Contact: Austin Morgan 1714.647.3961 1 austin.morgan@ocpw.ocgov.com Services Provided: Geotechnical exploration and design City of Anaheim 201 S. Anaheim Boulevard, Anaheim, CA 92805 Contact: Cesar Morales 1714.765.5286 1 CMorales2@anaheim.net Services Provided: Geotechnical and Environmental Consulting Services eWPo City of Newport Beach o`` s 100 Civic Center Drive Newport Beach, CA 92660 F' Contact: Michael Sinacori 949.644.3342 msinacori@newportbeachca.gov Services Provided: Geotechnical observation and testing; materials testing and special inspection City Council 17 — 225 11 /21 /2023 m City Council 17 — 226 11/21/2023 SECTION 2: SCOPE OF WORK The Leighton team will work closely with your staff, appropriate regulatory agencies and other stakeholders to ensure your priorities and expectations are fully realized. Through previous successful as -needed contracts, we have found the most important management tool to ensure project success is proactive communication. Depending on the scope identified in the specific project, we will likely recommend a project kickoff meeting so we can establish a full understanding of your goals and confirm expected work product deliverables, and introduce key project participants. Project priorities including budget, scope, value engineering, and milestones for deliverables will be identified and committed to by our project team. While all projects are uniquely different, Leighton anticipates the scope of work requested by the City may include the following task items presented from design phase investigations and on through completion of construction: Geotechnical Investigation Our geotechnical investigations will be mobilized and managed out of our Irvine Headquarters. We will prepare a detailed proposal that will be tailored to meet each individual project's goals. The proposal will present our proposed scope of work, the anticipated schedule, and a breakdown associated fees. Each proposal will be crafted with a focus on providing expedient and cost-effective engineering solutions. RESEARCH AND STUDIES A task that begins during proposal preparation, our initial Research and Studies for the project will consist of performing a review of existing available documents, geologic maps, and plans relevant to the project that will provide a useful understanding of existing site conditions and site history. In addition, we may review historical stereoscopic aerial photographs and topographic maps to determine approximate existing cut and fill conditions, pre-existing development conditions, and utility conditions that may also impact the design of the project from both a field and construction perspective. FIELD EXPLORATION Prior to executing our field investigation scope as generally summarized below, a member of the Leighton technical staff under the direct supervision of a California -licensed Geotechnical Engineer or Certified Engineering Geologist will visit the site ascertain equipment access and determine suitable exploration methods. Our field exploration program will typically include the following scope: • Perform a geotechnical reconnaissance of the project site including marking out of exploration locations; observation and geologic mapping of existing slopes, utility trench cuts and boxes, access constraints and geologic observation of site geology and adjacent geology where visible • Prior to our proposed subsurface exploration, we will notify Underground Service Alert (DigAlert) to screen the proposed exploration locations for the presence of subsurface public utilities. We will also coordinate boring locations with site facilities personnel and may have our exploration locations cleared by a private underground utility subcontractor • Acquire any necessary permits, such as a Los Angeles County Public Health Well Permit, if needed • We will perform our subsurface evaluation program that may consist of, but is not limited to, a combination of geotechnical borings, Cone Penetrometer Test soundings (CPTs) , test pits, and/or geophysical surveys. The exploration method will be selected on a project specific basis based on our understanding of the proposed development and existing site conditions . • Perform field percolation testing to support the design of proposed stormwater infiltration devices, if any. The field percolation testing will be performed in accordance with the latest Los Angeles County guidelines. City Council 17 — 227 11/21/2023 ® At the completion of our field investigation, the explorations will be backfilled in accordance with County guidelines and patched to match existing surface conditions. Drill cuttings may need to be stored temporarily on- site, in clearly labeled 55-gallon drums, pending soil characterization and disposal at an appropriate receiving facility. LABORATORY TESTING Leighton has three laboratories (Irvine, Temecula and San Diego) with an extensive inventory of equipment and cross -trained staff that can handle many types of samples and tests. Our ability to load -level our tests between laboratories allows us to accept large volumes of samples and be more responsive to our client's needs when rapid turn -around times are needed. We perform a full spectrum of geotechnical soil testing in-house, including, but not limited to: • Moisture/Density • Direct Shear • Compaction • Specific Gravity • Triaxial Shear • Expansion Index • Particle Size Analyses • Consolidation/Swell • Falling/Constant Head Permeability • Atterberg Limits • Stabilometer (R-value) • Corrosivity The following is a list of common tests for aggregate, hot mix asphalt (HMA) and Portland cement concrete (PCC) that Leighton performs in our laboratories on a regular basis. AGGREGATE (HMA & PCC) • Sieve Analysis • Specific Gravity (Coarse/Fine) • Sand Equivalent • Durability • LA Rattler • Soundness (Sodium/Magnesium) • Organic Impurities HOT MIX ASPHALT & PORTLAND CEMENT CONCRETE • Maximum Density - Hveem • Concrete Cylinder Compression • Flexural Strength of Concrete • Bulk specific Gravity of Compacted HMA • Asphalt Extraction by Ignition • Theoretical Maximum Density/Specific Gravity • Wet Track Abrasion of Slurry Seal The quality of our laboratory is controlled using certification programs from the City of Los Angeles Department of Building and Safety (LADBS), AASHTO Materials Reference Laboratory (AMRL), California Division of the State Architect (DSA), Caltrans (various districts), among others. The quality of our analyses is controlled using verification forms that require stand-alone, fully reviewed engineering calculation packages to support design recommendations. REPORT AND FINDINGS We will prepare a geotechnical design report in accordance with the 2022 California Building Code and appropriate regulatory agencies guidelines and requirements. The report will contain graphics and discussions presenting our findings, conclusions, and recommendations for the project. The report will be signed by a California -licensed Geotechnical Engineer (GE) from our firm. Generally, our report will provide the following: Subsurface Conditions: A discussion regarding the encountered subsurface soils conditions including soil type, in -situ moisture content and density, and depth to groundwater Geologic Hazards: We will discuss potential geologic hazards at this site, including potential for surface fault rupture, ground shaking, liquefaction, lateral spreading and differential seismic settlement, and potential flood hazards at the site using available data. Seismicity: We will provide a regional fault map showing the proximity of this site to major faults identified by the California Geological Survey within a 100-kilometer radius of the site. We will also perform a site -specific ground motion analysis to obtain site -specific seismic coefficients in accordance with ASCE 7-16 and the 2022 California Building Code (CBC). City Council 17 — 228 11/21/2023 Grading and Earthwork: We will present earthwork criteria, including recommendations for new footing subgrade preparation, recommendations for removal of unsuitable soil or fill, utility trench backfill, surface drainage, and landscaping considerations, as necessary. Recommendations for import soil engineering and compaction criteria will also be provided. Foundations: Utilizing data collected during our exploration, we will recommend allowable vertical and lateral bearing pressures for use in designing new spread -footing foundations. We will also provide foundation design criteria including recommendations for minimum size, embedment depth, allowable vertical and lateral capacities, and expected total and differential settlements. In addition, foundation recommendations for light poles footings, fence post footings, and other free-standing canopy structures will be provided. Lateral Earth Pressures: Recommended lateral earth pressures for active, at -rest and passive conditions, and soil friction will be provided for use in retaining wall design. Slabs -On -Grade: We will present concrete slab -on -grade design criteria, including recommendations for subgrade preparation, moisture vapor mitigation and if necessary, non -expansive fill. Asphalt Concrete and Portland Cement Concrete Pavements: We will provide recommendations for AC and PCC pavement sections based on assumed traffic indices. We will also provide recommendations for permeable and precast pavers. Temporary Excavations: Utilizing the data collected during our exploration, we will present temporary excavation guidelines (construction site safety is the responsibility of the contractor). POST -REPORT SUBMITTAL SERVICES A/E Team Coordination and Review: We will provide geotechnical support for the design team during preparation of the project drawings and specifications. We will review the project drawings and specifications for compliance with our geotechnical recommendations. General Contractor Bidding Phase Services: Respond to bid questions including requests for information (RFIs) as they relate to geotechnical items; and attend project meetings and participate in conference calls with the design team. SCHEDULE Upon receipt of a written notice -to -proceed Leighton is prepared to immediately commence project planning and scheduling. California law requires that Underground Service Alert (USA) be provided at least two working days advanced notice to locate registered public utilities at the project site before exploration can begin. Depending on potential site access constraints, weather and exploration equipment availability, field exploration may begin five to ten working days after receipt of notice to proceed. Depending on project specific scope details, our field exploration can be completed in one or more days. In general, geotechnical laboratory testing will require approximately two weeks to complete after the conclusion of field exploration. Geotechnical analyses and report preparation will then require an additional 2 weeks after completion of lab testing. We anticipate we can provide our geotechnical report within approximately 4 weeks after field exploration. We can provide preliminary results upon request in a technical memorandum as site -specific information becomes available. City Council 17 — 229 11/21/2023 Geotechnical Observation and Testing Services The purpose of our geotechnical field observation and testing during construction will be to document that the work performed by the contractor is in compliance with the applicable plans and specifications and in accordance with applicable sections of the 2022 California Building Code. Our geologist and/or soils technician will inspect all excavations to verify the conditions anticipated in the approved project geotechnical report have been encountered and to provide corrective recommendations as deemed appropriate. It is not our intent to provide supervision or direction of the contractor or the contractor's subcontractors. We will dispatch to the project site qualified engineering technicians to perform field observation and testing of earthwork operations. Our field testing and observation activities will be performed on an "on -call" basis upon request by the project superintendent at the appropriate times during construction. However, we do require that our field representative be present continuously during the earthwork associated with remedial grading and/or preparation of building pads so that we may properly document the depth overexcavation and geotechnical characteristics of the compaction of the fill. Based on our understanding of the proposed projects, the anticipated tasks for our scope of services will consist of the following field, laboratory and office work, generally presented in chronological order: • Pre -Construction Plan Review: We will perform technical review of the grading plans and foundation plans for the project by our Geotechnical Engineer (GE) and Certified Engineering Geologist (CEG). We will prepare a letter documenting our review of each plan set, including signature and stamp, as needed. In addition, we will provide response to contractor's requests for information (RFI's) as requested. • Pre -Construction Meeting: Our project manager and field operations manager will attend a pre - construction meeting with representatives of the contractors/sub-contractors and construction management team to establish any site access restrictions, points of contact, protocol for scheduling our services, and distribution list for DFRs and test results. • Field Observation and Testing: We will provide a soil technician for periodic and continuous geotechnical observation and testing during site preparation, overexcavation, and fill placement during earthwork construction, and general site grading. The frequency of observation and testing required will be established by the governing agency and the project inspector at the pre -construction meeting. In -situ density testing will be performed using a nuclear moisture/density gauge (ASTM D 6938). • Geotechnical Laboratory Testing: Geotechnical (soil) testing may include, but not limited to, modified Proctor (ASTM D 1557) maximum dry density and optimum moisture content compaction curves, gradation, sand equivalent, corrosivity, expansion and R-Value. • On -call Engineering Support: We will respond to requests for information (RFIs), attend meetings, and support value engineering efforts on an as -needed basis. • Project Management: This scope of work will consist of reviewing DFRs and laboratory test results and preparing these reports for distribution. Geotechnical concerns encountered in the field and noted in the daily reports, and any material tested and found to not conform to project specifications, will be brought to the attention of your designated representative (s). Supervision, quality control and project management will be provided by our Geotechnical Engineer. • Compacted Fill Report: We will prepare a compacted fill report summarizing our test results and observations made during construction. City Council 17 — 230 11/21/2023 Materials Testing and Special Inspection Services Our scope of services for the proposed projects will consist of materials testing and special inspection during construction. Our understanding of the proposed projects will be based on the project plan sets and specifications provided by the City. The anticipated tasks for our scope of services will consist of the following field, laboratory and office work, generally presented in chronological order. • Reinforcing Steel Source Sampling: We will pick up reinforcing steel samples and "tag" source materials for site delivery identification. Sampled reinforcing steel will be tested in accordance with ASTM A370, and A615 or A706. Fresh Concrete Sampling, Batch Plant, and Testing: We will provide a technician certified by ACI for reinforced concrete sampling and testing. The work will consist of sampling reinforcing steel and concrete during construction. Our field technicians will sample fresh concrete, perform slump tests (ASTM C 143) and (if requested) air content tests (ASTM C 173 or C 231) when requested by your designated field representative. Air content tests will only be performed if specifically requested (not expected to be required where there is no frost). We will mold at least four concrete compression test cylinders for each 50 cubic -yards of concrete, or at least one set of four each day concrete is placed. We will also provide an ACI technician during concrete batch plant operations. Our batch plant visits will consist of checking batch weights, aggregate stockpiles and cement bins. Post -Installed Anchors/Epoxy Dowels Special Inspection: We will provide a special inspector that has been certified by the International Code Council (ICC) to observe installation of powder driven anchors, expansion anchors, adhesive anchors and dowels. Our special inspector will view installation of these anchors in accordance with ICC/ESR requirements, specific to anchors used. Our special inspector will also evaluate drill bit compliance, hole depth and cleanliness, rod diameter, length of embedment, ambient temperature, material condition, product description and name, and adhesive shelf life and condition of packaging. If required, we will also provide pull/torque and/or proof testing of post -installed anchors. Structural Steel (Field Welding): We will provide an American Welding Society (AWS) Certified Welding Inspector (CWI) to inspect structural steel welding and high -strength bolting on site. Their work will consist of periodic inspection of all single -pass fillet welds less -than (<) 5/16-inch-thick; and continuous inspection for all multi -pass fillet -welds greater -than (>) 5/16-inch-thick plus all complete penetration welds made during structural steel erection on site. Our CWI will also tabulate/record all inspected welds, including listing defective welds and documenting correction of defects. Our CWI will also check material, equipment, details of construction and procedures. They will also check ability of the welder. Upon completion of all welding for this project, a verified report will be provided to document that inspected welding was proper and completed in accordance with approved structural plans and specifications. Nondestructive Testing (NDT): We will provide an NDT Technician to perform ultrasonic testing and magnetic particle testing as required by the approved plans. • High -Strength Bolting and Testing: We will provide a special inspector to inspect tightening or torqueing of high -strength bolts during construction. Samples of the bolt assembly (bolt, washer and nut) will be tested in the laboratory, as applicable, for hardness, proof load and wedge tensile. • Structural Steel Shop Welding: We will provide an American Welding Society (AWS) Certified Welding Inspector (CWI) with ICC structural steel and bolting to verify and inspect steel during shop fabrication and construction in the field. Their work will consist of periodic and/or continuous inspection of: Material identification Steel frame joint details for conformance with approved structural plans Welded connection of structural steel and cold -formed steel deck, and reinforcing steel, if required. Our CWI will also tabulate/record inspected welds, including listing defective welds and documenting correction of defects. Our CWI will also check weld filler materials, equipment, welding procedure specifi sting such City council 17 — 2 1 11/21/2023 as magnetic particle, ultrasonic or any other aid in addition to visual inspection that he or she may deem necessary to assure the adequacy of the welding per approved structural plans and job specifications. Also, we will provide an NDT Technician to perform ultrasonic testing and magnetic particle testing as required by the approved plans as needed. • Masonry Special Inspection: We will provide an ICC structural masonry inspector during construction of the masonry (CMU) walls. We will sample and compression -test grout, mortar and block. When directed by the Project Inspector, we will extract a core from the constructed walls for laboratory compression testing. • Masonry Veneer Field Testing: We will provide an ICC structural masonry inspector to perform field test of adhered masonry veneer. Our inspector will use calibrated shear testing equipment to perform the shear testing per project approved documents. • Structural Wood Framing Special Inspection: Our services will consist of periodic inspection of nailing, bolting, anchor and other fastening of shearwall, blocked floor and roof diaphragm, drag strut, seismic brace, shear panel and hold down assembly. We will provide an inspector that has been certified to observe the installation of fasteners. Our inspector will inspect the installation of these fasteners in accordance with structural plans and specifications. • Materials Laboratory Testing: Our services will consist of testing of the following materials in our laboratory: • Reinforcing Steel: Tensile and bend tests will be performed in accordance with ASTM A615 or A706. • Concrete: Concrete laboratory curing and compressive strength testing of field -molded concrete test cylinders will be performed in general accordance with ASTM C31 and C39, respectively. Verbal and/or e-mail reports will be provided for 7-day breaks. We will provide a final one -page report summarizing compressive strength tests results for a given set of cylinders (four cylinders, plus one hold) after the 28-day breaks are completed. • High Strength Grout: Compression testing of grout prisms molded by our representative will be performed in accordance with ASTM C109. • Masonry: Compression testing of mortar cylinders and grout prism test specimens molded by our representative will be performed in accordance to ASTM C270 and C1019. Concrete masonry units will be tested in accordance with ASTM C140 (compression, moisture content, absorption & unit weight). Masonry core -drilled samples will be tested in accordance with CBC 2105A.4. • Post -Installed Anchors: We will perform tensile testing of the anchors. Verbal and/or e-mail reports will be provided. We will provide a final on -page report summarizing the test results. • High Strength Bolts: We will perform tensile testing of the high strength bolts. Verbal and/or e-mail reports will be provided. We will provide a final on -page report summarizing the test results. • Project Management and Reporting: This scope of work will consist of reviewing DFRs and laboratory test results, and preparing these reports for distribution. Special Inspection/Materials concerns encountered in the field and noted in the daily reports, and any material tested and found to not conform to project specifications, will be brought to the attention of your designated representative (s). Supervision, quality control and project management will be provided by our Geotechnical Engineer. • Project Closeout: we will prepare a final affidavit summarizing the material testing and special inspection provided during construction. City Council 17 — 232 11/21/2023 Scheduling and Dispatching Leighton is prepared to begin our work immediately upon receipt of your written authorization to proceed. We would appreciate at least three working days advance notice for scheduling our field personnel on the first day you require our services. Work thereafter may be — scheduled with a full (24 hours) one working day advance notice. We will rely on your field representative to contact us to schedule all Contact Leighton Dispatch fieldwork, and to help us avoid unproductive site visits. Contact on the (866) LEIGHTON weekends and holidays are not addressed until the first following leightondispatch@leightongroup.cor working day, without prior arrangement. We request that you "partner - with -us" to manage our budget, by avoiding unnecessary trips to the site. We will work with your field representative to reduce standby time and/or unnecessary trips to the site. OTHER CONSULTING SERVICES In addition to the core geotechnical services described above that are expected to be provided as part of the on -call contract, we understand that other consulting services associated with geotechnical and geologic consulting services may be required. These services might include: Landslide Repair Design. For more than 60 years, Leighton has been providing the integrated geotechnical engineering and engineering geology services required for landslide repairs. In addition to our experience with site characterization and mitigation design concepts, our Geotechnical Engineers (GEs) prepare assessment and mitigation reports and prepare repair grading plans and specifications, including remedial earthwork, soil nail and/or earth anchor ("tie -back") design, conventional shoring to reestablish roadways, safe utility corridors or to support existing structures with underpinning. For more complex shoring designs, we will consult with an experienced Structural Engineer (SE) who has experience focused on shoring. Remedial Grading Plan Preparation: Although geotechnical engineers provide essential input for all grading plans, such plans are more routinely prepared by general -practice Civil Engineering firms. On occasion, however, grading consists only of geotechnical remediation earthwork, such as for landslide stabilization. In these cases, Leighton has and will assume the lead on designing slope stabilization buttresses and/or other remedial earthwork and will prepare final design stabilization grading plans in house, possibly with assistance from a civil engineering subconsultant for Professional Land Surveying (PLS) services and minor general civil engineering support to establish property boundaries and easements. Peer Review. Leighton will provide Third Party review services to assist the City in the evaluation of geotechnical reports prepared by others. We do this routinely for our other clients. Based upon our review, we will provide written comments and recommendations to the City for additional analysis, if needed. In addition, we will attend meetings with the technical team to discuss project priorities and progress. For Third Party reviews to add value, a mentorship attitude, rather than competitive attitude, is required. We only provide comments that are necessary to ensure compliance and result in enhanced public safety, avoiding any real or perceived bias against other involved professionals. Value Engineering (VE): Leighton will evaluate several alternatives for geotechnical design to ensure appropriate cost-effective measures are implemented when appropriate. Drafting Services: Leighton has full in-house drafting capabilities utilizing AutoCAD Civil 3D, MicroStation, and analytical/visualization tools such as ArcGIS, Modflow, Rockworks, and gINT software. We possess the full array of information technology and field equipment necessary to successfully support large-scale, geospatial data -intensive projects such large pipeline in complex geologic areas. Additionally, we can use computer graphics to visually convey the results of our studies. Illustrations and report graphics are developed utilizing a variety of data imaging and geospatial analysis software. Boundaries, delineations, visualizations and proposed land uses are compiled and viewed in a GIS platform, using ArcGIS, City Council 17 — 233 11/21/2023 AutoCAD Map and other leading geospatial software. Maps, site plans and GIS platforms are created in ArcGIS 10.x and AutoCAD Map. Environmental Investigation: Leighton has supported development plans for more than 2,000 sites throughout California, determining viability through a range of specialized environmental engineering and consulting services. Should these services be required by the City, Leighton can offer the following services: • Phase I Environmental Site Assessments (ESAs) • Phase II ESAs, including carefully planned and executed subsurface investigations • Performance -based remediation design, implementation and management • Litigation Support • Remedial Excavation • Soil Vapor/dual phase extraction • In -Situ chemical oxidation/reduction • Preparation and management of environmental compliance plans • CUPA Hazardous Material Management Plan (HMMP) • Hazardous Material Inventory Statements (HMIS) • Underground Storage Tank Program audits City Council 17 — 234 11/21/2023 SECTION 3: FEE PROPOSAL Per instruction in the RFP, Leighton's Fee Proposal is provided in a separately sealed envelope / in a separate file. SECTION 4: CERTIFICATIONS Attachment 3-1 Non -Collusion Affidavit Attachment 3-2: Non -Lobbying Certification Attachment 3-3: Non -Discrimination Certifications Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal ,prosecution. Signed State of California County of Orange Subscribed and swom to (or affirmed) before me on this 28 day of August 2023, by Kristen Williams proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Pub is Signature *my $RANDIE DEVRIES Notary Public - California orange County Commission Y 2396158 Comm. Expires Mar 8. 2026 Notary Public Seal City of Santa Ana RFP 23-123 City Council Page 01 237 11 /21 /2023 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 making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence 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 Leighton Consulting, Inc. Signed and Printed Name: A Kristen Williams Title Area Leader Date August 27, 2023 City Council City of Santa Anj-,R F�2A123 11/21/2023 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 City of Santa Anf fEP�123 11/21/2023 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. _ �,jr Signed: W Ak"' Vr Title: Area Leader Firm: Leighton Consulting, Inc. Date: August 27, 2023 City Council %.'11Y ut 0anta r%nklrr2IL3 11/21/2023 Page A -4 EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates, if applicable City Council 17 — 241 11/21/2023 f111 Lei hton g FEE SCHEDULE FORTH E CITY OF SANTA ANA a verdantas company RATES EFFECTIVE FROM 11/19/2023-11/18/2026 LABOR RATES CLASSIFICATION $/HR TechnicianI...................................................................................................100 Technician II / Special Inspector...................................................................110 Senior Technician / Senior Special Inspector...............................................130 Prevailing Wage (field soils / materials tester) *...........................................178 Prevailing Wage (Special Inspector)*..........................................................183 Prevailing Wage (On site Source Inspector, NDT and soil remediation O&M)*.......................................................................................................188 System Operation & Maintenance (0&M) Specialist....................................165 Non Destructive Testing (NDT).....................................................................175 DeputyInspector..........................................................................................130 Field / Laboratory Supervisor.......................................................................165 Source Inspector..........................................................................................150 City of Los Angeles Deputy Building (including Grading) Inspector .............175 * See Prevailing Wages in Terms and Conditions CLASSIFICATION $/HR Project Administrator/Word Processor/Dispatcher.........................................90 Information Specialist...................................................................................130 CADOperator...............................................................................................155 GISSpecialist...............................................................................................155 GISAnalyst..................................................................................................180 Staff Engineer / Geologist / Scientist............................................................170 Senior Staff Engineer / Geologist / Scientist / ASMR...................................185 Operations / Laboratory Manager.................................................................205 Project Engineer / Geologist / Scientist........................................................215 Senior Project Engineer I Geologist / Scientist / SMR..................................235 Associate...................................................................................................... 260 Principal........................................................................................................ 290 SeniorPrincipal............................................................................................345 GEOTECHNICAL LABORATORY TESTING METHOD $/TEST METHOD CLASSIFICATION & INDEX PROPERTIES Photographof sample....................................................................................15 Moisture content (ASTM D2216)........................................................................25 Moisture & density (ASTM D2937) ring samples................................................35 Moisture & density (ASTM D2937) Shelby tube or cutting.................................45 Atterberg limits 3 points (ASTM D4318):..........................................................160 - Single point, non-plastic............................................................................90 - Atterberg limits (organic ASTM D2487 / D4318).............................................195 - Visual classification as non -plastic (ASTM D2488).......................................15 Particlesize: ....................................................................................................... - Sieve only 1'/2 inch to #200 (AASHTO T27/ASTM C136/ASTM D6913/CTM 202)...145 - Large sieve 6 inch to #200 (AASHTOT27/ASTM C136/ASTM D6913/CTM 202)...190 - Hydrometer only (ASTM D7928)................................................................120 - Sieve + hydrometer <_3 inch sieve, (ASTM D7928)....................................200 - Percent passing #200 sieve, wash only (ASTM D1140)...............................75 Specific gravity and absorption of fine aggregate (AASHTO T84/ASTM C128/ASTM D854/CTM 207)..............................................140 Specific gravity and absorption of coarse aggregate (AASHTO T85/ASTM C127/CTM 206)...............................................................110 - Total porosity - on Shelby tube sample (calculated)...............................180 - Total porosity - on other sample (calculated)..........................................165 Shrinkage limits wax method (ASTM D4943)...................................................135 Pinhole dispersion (ASTM D4647)...................................................................225 Dispersive characteristics (double hydrometer ASTM D4221)..............................215 As -received moisture & density (chunk/carved samples)...............................65 Sand Equivalent (AASHTO T176/ASTM D2419/CTM 217)....................................115 SHEAR STRENGTH Pocket penetrometer......................................................................................20 Direct shear (ASTM D3080, mod., 3 points): Consolidated undrained - 0.05 inch/min (CLI)..............................................305 Consolidated drained - <0.05 inch/min (CD)................................................370 Residual shear EM 1110-2-1906-IXA (price per each additional pass after shear) .... 55 Remolding or hand trimming of specimens (3 points)....................................95 Oriented or block hand trimming (per hour)....................................................70 Singlepoint shear.........................................................................................115 Torsional shear (ASTM D6467 /ASTM D7608)....................................................880 COMPACTION & PAVEMENT SUBGRADE TESTS Standard Proctor compaction, 4 points (ASTM D698) $/TEST - 4 inch diameter mold (Methods A & B)...................................................170 - 6 inch diameter mold (Method C)...........................................................230 Modified Proctor compaction 4 points (ASTM D1557): - 4 inch diameter mold Methods A & B......................................................235 - 6 inch diameter mold Method C..............................................................265 Check point (per point)...................................................................................70 Relative compaction of untreated/treated soils/aggregates (CTM 216) ..........270 Relative density 0.1 ft mold (ASTM D4253, D4254)...........................................250 California Bearing Ratio (ASTM D1883) - 3 point.....................................................................................................535 - 1 point.....................................................................................................200 R-Value untreated soils/aggregates (AASHTO T190/ASTM D2844/CTM 301).......335 R-Value lime or cement treated soils/aggregates (AASHTO T190/ASTM D2844/CTM 301)..........................................................................................365 SOIL CHEMISTRY & CORROSIVITY pH Method A (ASTM D4972 or CTM 643)............................................................. 50 Electrical resistivity — single point — as received moisture..............................50 Minimum resistivity 3 moisture content points (ASTM G187/CTM 643) ...............95 pH + minimum resistivity (CTM 643)...............................................................140 Sulfate content - gravimetric (CTM 417 B Part 2)................................................75 Sulfate content - by ion chromatograph (CTM 417 Part 2).................................85 Sulfate screen (Hach®)....................................................................................35 Chloride content (AASHTO T291/CTM 422).........................................................75 Chloride content — by ion chromatograph (AASHTO T291/CTM 422)...................85 Corrosion suite: minimum resistivity, sulfate, chloride, pH (CTM 643)............285 Organic matter content (ASTM D2974)..............................................................70 CONSOLIDATION & EXPANSION/SWELL TESTS Consolidation (ASTM D2435):..........................................................................210 Each additional time curve.............................................................................50 Each additional load/unload w/o time reading................................................45 Expansion Index (ASTM D4829)......................................................................140 Single load swell/collapse - Method B (ASTM D4546-B, seat, load & inundate only) .... 115 Swell collapse Method A up to 10 load/unloads w/o time curves (ASTM D4546-A)..........................................................................................310 City Council 17 — 242 11/21/2023 Fee 8/2023 www.leightongroup.com Page 1 of 4 %/� Lei hton METHOD $/TEST FEE SCHEDULE METHOD $/TEST TRIAXIAL TESTS Unconfined compression strength of cohesive soil (with stress/strain plot, ASTMD2166)..................................................................................................................145 Unconsolidated undrained triaxial compression test on cohesive soils (UU, ASTM D2850, USACE Q test, per confining stress)..........................................185 Consolidated undrained triaxial compression test for cohesive soils, (CU, ASTM D4767, USACE R-bar test) with back pressure saturation & pore water pressure measurement (per confining stress)........................................400 Consolidated drained triaxial compression test (CD, USACE S), with volume change measurement. Price per soil type below EM 1110-2-1906(X): Sand or silty sand soils (per confining stress).........................................400 Silt or clayey sand soils (per confining stress)........................................535 Clay soils (per confining stress)..............................................................755 Three -stage triaxial (sand or silty sand soils)..........................................700 Three -stage triaxial (silt or clayey sand soils).........................................935 Three -stage triaxial (clay soils).............................................................1,320 Remolding of test specimens....................................................................70 HYDRAULIC CONDUCTIVITY TESTS Triaxial permeability in flexible -wall permeameter with backpressure saturation at one effective stress (EPA 9100/ASTM D5084, falling head Method C):................................................335 Each additional effective stress....................................................................130 Hand trimming of soil samples for horizontal K..............................................65 Remolding of test specimens.........................................................................70 Permeability of granular soils (ASTM D2434)..................................................145 Soil suction (filter paper method, ASTM D5298)....................................................430 SOIL -CEMENT Moisture -density curve for soil -cement mixtures (ASTM D558).......................260 Wet -dry durability of soil -cement mixtures (ASTM D559)1 ...........................1,290 Compressive strength of molded soil -cement cylinder (ASTM D1633)' .............65 Soil -cement remolded specimen (for shear strength, consolidation, etc.)' ............ 250 Compaction (ASTM D558 maximum density) should also be performed - not included in above price CONSTRUCTION MATERIALS LABORATORY TESTING METHOD $/TEST CONCRETE STRENGTH CHARACTERISTICS Concrete cylinders compression (ASTM C39) (6" x 12" and 4" x 8") ................40 Compression, concrete or masonry cores (testing only) :56 inch (ASTM C42)......45 Trimming concrete cores (per core)...............................................................25 Flexural strength of concrete (simple beam-3rd pt. loading, ASTM C78/CTM 523).....90 Flexural strength of concrete (simple beam -center pt. loading, ASTM C293/CTM 523)...90 Non shrink grout cubes (2 inch, ASTM C109/C1107)............................................30 Drying shrinkage - four readings, up to 90 days, 3 bars (ASTM C157) ...........430 Length of concrete cores (CTM 531).................................................................45 HOT MIX ASPHALT (HMA) Resistance of compacted HMA to moisture -induced damage (AASHTO T283/CTM 371)...........................................................................2,250 Hamburg Wheel, 4 briquettes (modified) (AASHTO T324)...............................965 Superpave gyratory compaction (AASHTO T312/ASTM D6925) .........................375 Extraction by ignition oven, percent asphalt (AASHTO T308/ASTM D6307/CTM 382)............................................................160 Ignition oven correction/correlation values (AASHTO T308/ASTM D6307/CTM 382).........................................................1,445 Extraction by centrifuge, percent asphalt (ASTM D2172)................................160 Gradation of extracted aggregate (AASHTO T30/ASTM D5444/CTM 202)............145 Stabilometer, S-Value (ASTM D1560/CTM 366).................................................285 Bituminous mixture preparation (AASHTO R30/CTM 304)...................................85 Moisture content of HMA (AASHTO T329/ASTM D6037/CTM 370) .........................65 Bulk specific gravity of compacted HMA, molded specimen or cores, uncoated (AASHTO T166/ASTM D2726/CTM 308)..............................................55 Bulk specific gravity of compacted HMA, molded specimen or cores, paraffin -coated (AASHTO T275/ASTM D1188/CTM 308).....................................60 Maximum density - Hveem (CTM 308)............................................................215 Theoretical maximum density and specific gravity of HMA (AASHTO T209/ ASTM D2041/CTM 309).................................................................................140 Thickness or height of compacted bituminous paving mixture specimens (ASTM D3549)...............................................................................................45 Wet track abrasion of slurry seal (ASTM D3910).............................................160 Rubberized asphalt (add to above rates)........................................................+25% BRICK Compression - cost for each, 5 required (ASTM C67).......................................55 Absorption - cost for each, 5 required (ASTM C67)...........................................55 METHOD $/TEST AGGREGATE PROPERTIES Bulk density and voids in aggregates (AASHTO T19/ASTM C29/ CTM 212) ............55 Organic impurities in fine aggregate sand (AASHTO T21/ASTM C40/CTM 213)....65 LA Rattler -smaller coarse aggregate <1.5"(AASHTOT96/ASTM C131/CTM 211) ... 215 LA Rattler -larger coarse aggregate 1-3" (AASHTO T96/ASTM C535/CTM 211)....270 Apparent specific gravity of fine aggregate (AASHTOT84/ASTM C128/ CTM 208)...140 Specific gravity and absorption of coarse aggregate (ASTM C127/CTM 206) 44 retained.............................................................................................110 Clay lumps, friable particles (AASHTO T112/ASTM C142)..................................190 Durability Index (AASHTO T210/ASTM D3744/CTM 229)......................................215 Moisture content of aggregates by oven drying (AASHTO T255/ASTM C566/CTM 226)...............................................................45 Uncompacted void content of fine aggregate (AASHTO T304/ ASTM C1252/ CTM 234)..........................................................140 Percent of crushed particles (AASHTO T335/ASTM D5821/CTM 205) ..................145 Flat & elongated particles in coarse aggregate (ASTM D4791/CTM 235)..........230 Cleanness value of coarse aggregate (CTM 227)...........................................225 Soundness, magnesium (AASHTO T104/ASTM C88/CTM 214) ...........................240 Soundness, sodium (AASHTO T104/ASTM C88/CTM 214)..................................695 MASONRY Mortar cylinders 2" x 4" (ASTM C780)...............................................................35 Grout prisms 3" x 6" (ASTM C1019)...................................................................35 Masonry cores compression, <_6" diameter - testing only (ASTM C42).............45 Masonry core shear testing (Title 24).............................................................85 Veneer bond strength, cost for each - 5 required (ASTM C482)........................60 CMU compression to size 8" x 8" x 16" - 3 required (ASTM C140)....................60 CMU moisture content, absorption & unit weight - 6 required (ASTM C140).....55 CMU linear drying shrinkage (ASTM C426).....................................................190 CMU grouted prisms compression test <_8" x 8" x 16" (ASTM C1314).............215 CMU grouted prisms compression test > 8" x 8" x 16"(ASTM C1314) .............270 BEARING PADS/PLATES AND JOINT SEAL Elastomeric bearing pads (Caltrans SS 51-3).................................................1060 Elastomeric bearing pad with hardness and compression tests (Caltrans SS 51-3)......................................................................................1,315 Type A Joint Seals (Caltrans SS 51-2)...........................................................1,735 Type B Joint Seals (Caltrans SS 51-2)...........................................................1,640 Bearingplates(A536).....................................................................................770 City Council Fee/2023 17-243 www.leightongroup.com 11 /21 /2023 Page 2 of 4 %/� Lei hton FEE SCHEDULE METHOD $/TEST REINFORCING STEEL AND PRESTRESSING STRANDS Rebar tensile test, <_ up to No. 11 (ASTM A370)................................................70 Rebar tensile test, >_ No. 14 & over (ASTM A370)...........................................215 Rebar bend test, up to No. 11 (ASTM A370)......................................................70 Rebar bend test, >_ No. 14 & over (ASTM A370)..............................................215 Resistance butt -welded hoops/bars, tensile test, <_ up to No. 10 (CTM 670)....70 Resistance butt -welded hoops/bars, tensile test, >_ No. 11 & over (CTM 670)...90 Mechanical rebar splice, tensile test, <_ up to No. 11 (CTM 670).......................70 Mechanical rebar splice, slip test, <_ up to No. 11 (CTM 670)............................45 Mechanical rebar splice, tensile test, >_ No. 14 & over (CTM 670)..................215 Mechanical rebar splice, slip test, >_ No. 14 & over (CTM 670).......................215 Headed rebar splice, tensile test, <_ up to No. 11 (CTM 670) ............................70 Headed rebar splice, tensile test, >_ No. 14 & over (CTM 670) .......................215 Epoxy coated rebar/dowel film thickness (coating) test (ASTM A775/A934) ....... 50 Epoxy coated rebar/dowel continuity (Holiday) test (ASTM A775/A934).............70 Epoxy coated rebar flexibility/bend test, up to No. 11 (ASTM A775/A934) .......... 50 Prestressing wire, tension (ASTM A416).........................................................190 Sample preparation (cutting).........................................................................55 METHOD $/TEST STREET LIGHTS/SIGNALS LED Luminaires / Signal Modules / Countdown Pedestrian Signal Face Modules (Caltrans RSS 86)........................................................................1,390 SPRAY APPLIED FIREPROOFING Unit weight (density, ASTM E605)........................................................................65 FASTENERS / BOLTS / RODS F3125 GRA307, A325 Bolts, tensile test, <_ up to 1-1/4" diameter, plain (ASTM A370).................................................................................................70 F3125 GR A307, A325 Bolts, tensile test, <_ up to 1-1/4" diameter, galvanized (ASTM A370)...............................................................................80 A490 Bolts, tensile test, s up to 1-1/4" diameter, plain (ASTMA370)................70 A490 Bolts, tensile test, s up to 1-1/4" diameter, galvanized (ASTMA370) ...... 80 A593 Bolts, tensile test, s up to 1-1/4" diameter, stainless steel (ASTMA370) ... 70 F1554 Bolts, tensile test, <_ up to 1-1/4" diameter, plain (ASTMA370) ............ 110 F1554 Bolts, tensile test, <_ up to 1-1/4" diameter, galvanized (ASTMA370) ... 130 SAMPLE TRANSPORT Pick-up & delivery (weekdays, per trip, <50 mile radius from Leighton office) ... 95 EQUIPMENT LIST ITEM $UNIT 1/4 inch Grab plates................................................................................ 5 each 1/4 inch Tubing (bonded)....................................................................0.60 foot 1/4 inch Tubing (single)......................................................................0.40 foot 3/8 inch Tubing, clear vinyl................................................................0.60 foot 4-Gas meter (RKI Eagle or similar)/GEM 2000...................................140 day Air flow meter and purge pump (200 cc/min)......................................... 55 day Box of 24 soil drive -sample rings.........................................................130 box Brass sample tubes............................................................................... 11 each Caution tape (1000-foot roll)..................................................................22 each Combination lock or padlock.................................................................15 each Compressed air tank and regulator....................................................... 55 day Concrete coring machine (56-inch-dia)...............................................160 day Consumables (gloves, rope, soap, tape, etc.).......................................40 day Core sample boxes................................................................................ 30 each Crack monitor Two-Dimensional............................................................ 30 each Crack monitor Thee-Dimensional.......................................................... 40 each Cutoff saws, reciprocating, electric (Sawzall®)..................................... 80 day D-Meter Walking Floor Profiler............................................................ 110 day Disposable bailers.................................................................................25 each Disposable bladders..............................................................................20 each Dissolved oxygen meter........................................................................50 day DOT 55-gallon containment drum with lid ............................................. 85 drum Double -ring infiltrometer......................................................................135 day Dual -stage interface probe....................................................................85 day Dynamic Cone Penetrometer..............................................................430 day Generator, portable gasoline fueled, 3,500 watts .................................. 90 day Global Positioning System/Laser Range Finder .................................... 80 day Handauger set...................................................................................... 90 day HDPE safety fence (:5100 feet).............................................................40 roll Horiba U-51 water quality meter..........................................................135 day Light tower (towable vertical mast)......................................................150 day Magnehelicgauge.................................................................................15 day Manometer............................................................................................ 25 day Mileage (will adjust with IRS published rate).....................................0.655 mile ITEM $ UNIT Moisture test kit (excludes labor to perform test, ASTM El907) ...........65 test Nuclear moisture and density gauge....................................................88 day Electrical moisture and density gauge..................................................88 Day Pachometer...........................................................................................50 day Particulate Monitor...............................................................................135 day pH/Conductivity/Temperature meter......................................................60 day Photo -Ionization Detector(PID)...........................................................130 day Pump, Typhoon 2 or 4 stage................................................................. 55 day QED bladder pump w/QED control box...............................................175 day Quire fee — Phase I only...................................................................... 250 each Resistivity field meter and pins............................................................ 200 day Slip / threaded cap, 2-inch or 4-inch diameter, PVC Schedule 40.........20 each Slope inclinometer............................................................................... 250 day Soil sampling T-handle (Encore)...........................................................10 day Soil sampling tripod...............................................................................40 day Speedy (R) moisture tester....................................................................10 day Stainless steel bailer..............................................................................60 day Submersible pump with controller.......................................................180 day Submersible pump/transfer pump, 10-25 gpm......................................65 day Support service truck usage (well installation, etc.) ............................. 250 day Survey/fence stakes..............................................................................10 each Tedlar® bags......................................................................................... 25 each Traffic cones (<_25)/barricades (single lane)..........................................55 day Turbiditymeter......................................................................................80 day Tyvek® suit (each).................................................................................25 each Vapor sampling box...............................................................................65 day Vehicle usage (carrying equipment)......................................................20 hour VelociCalc..............................................................................................40 day Visqueen (20 x 100 feet).....................................................................130 roll Water level indicator (electronic well sounder) <300 feet deep well .... 100 day ZIPLEVEL®...........................................................................................40 day Other specialized geotechnical and environmental testing and monitoring equipment are available, and priced per site City Council Fee/2023 17-244 www.leightongroup.com 11 /21 /2023 Page 3 of 4 %/� Lei hton FEE SCHEDULE TERMS AND CONDITIONS Proposal Expiration: Proposals are valid for at least insurance, travel, subsistence, project -specific 30 days, subject to change after 30 days; unless parking charges, shipping, reproduction, and other otherwise stated in an attached proposal. reimbursable expenses will be invoiced at cost plus Prevailing Wages: Our fees for prevailing wage work are based upon California prevailing wage laws and wage determinations. Unless specifically indicated in our proposal, costs for apprentice are not included. If we are required to have an apprentice on your project, additional fees will be charged. Prevailing wage rates will increase by $8 on July 1st of each year. Overtime: Standard overtime rate is per California Labor Law and is billed at 1.5 or 2 times their hourly billing rate. Overtime rate for non-exempt field personnel working on a Leighton observed holiday is billed at 2 times their hourly billing rate. Overtime rate for Prevailing wage work is per the California Department of Industrial Relations (DIR) determination and is multiplied at 1.5 to 2 times their hourly billing rate for overtime and double-time, respectively. Expert Witness Time: Expert witness deposition and testimony will be charged at 2 times hourly rates listed on the previous pages, with a minimum charge of four hours per day. * Minimum Field Hourly Charges: For Field Technicians, Special Inspectors or any on -site (field) materials testing services: 4 hours: 4-hour minimum charge up to the first four hours of work. 8 hours: 8-hour minimum charge for over four hours of work, up to eight hours. Project time accrued includes portal to portal travel time. Insurance & Limitation of Liability: These rates are predicated on standard insurance coverage and a limit of Leighton's liability equal to our total fees for a given project. �'4 Outside Direct Costs: Heavy equipment, subcontractor fees and expenses, project -specific permits and/or licenses, project -specific supplemental 20%, unless billed directly to and paid by client. Invoicing: Invoices are rendered monthly, payable upon receipt in United States dollars. A service charge of 1'/2-percent per month will be charged for late payment. Client Disclosures: Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities and/or hazardous materials. Client is also responsible for providing safe and legal access to the project site for all Leighton field personnel. Earth Material Samples: Quoted testing unit rates are for soil and/or rock (earth) samples free of hazardous materials. Additional costs will accrue beyond these standard testing unit rates for handling, testing and/or disposing of soil and/or rock containing hazardous materials. Hazardous materials will be returned to the site or the site owner's designated representative at additional cost not included in listed unit rates. Standard turn -around time for geotechnical-laboratory test results is 10 working days. Samples will be stored for 2 months following completion of assigned tests, after which they will be discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $15 per bag and $6 per sleeve or tube will be applied. Quoted unit rates are only for earth materials sampled in California. There may be additional cost for handling imported samples. ® Construction Material Samples: After all designated breaks for a given sample set meet specified compressive at design age or other client - designated strength, all "hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28-day break. Unless specifically requested otherwise, all other construction materials will be disposed of after completion of testing and reporting. City Council Fee/2023 17-245 www.Ieightongroup.com 11 /21 /2023 Page 4 of 4 EXHIBIT 6 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS, A CALIFORNIA CORPORATION, TO PROVIDE ON -CALL GEOTECHNICAL ENGINEERING SERVICES THIS AGREEMENT is made and entered into on this 21st day of November, 2023 by and between Ninyo & Moore Geotechnical & Environmental Sciences Consultants, a California Corporation, dba Ninyo & Moore ("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"). RFC1rTAT.0 A. On August 2, 2023 the City issued Request for Proposal ("RFP") No. 23-123 by which it desired to retain a consultant having special skill and knowledge in the field of geotechnical engineering services on an on -call basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-123. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work included in the RFP No. 23-123, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A" attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B." 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit C." Consultant is one of five (5) separate consultants selected to provide services on an on -call basis under RFP 23-123. The total compensation for services provided by all consultants selected under RFP 23-123 shall 10 City Council 17 — 246 11/ 0 not exceed the shared aggregate amount of $2,000,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal, Consultant's fees shall not increase by more than 3% annually over the term of this Agreement, including any extension periods, unless directly affected by Prevailing Wage laws, if applicable. 3. TERM This Agreement shall commence on November 21, 2023 and end on November 20, 2026, with the option for the City to grant up to one (1), two (2) year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 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. 10 City Council 17 — 247 11/ 0 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 Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000.00 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than$1,000,000.00 per accident for bodily injury or disease. 10 City Council 17 — 248 11/ 0 (iv)Professional Liability Insurance with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. 10 City Council 17 — 249 11/ 0 (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (viii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION 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 10 City Council 17 — 250 11/ 0 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. 9. 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. 10. 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. 11. 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 City. 10 City Council 17 — 251 11/ 0 12. 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. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 15. 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 consultant and/or 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, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case 10 City Council 17 — 252 11/ 0 such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES 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. 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: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 10 City Council 17 — 253 11/ 0 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Garreth Saiki, PE, GE Principal Engineer Ninyo & Moore 475 Goddard, Suite 200 Irvine, CA 92618 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures contained on following page] 10 City Council 17 — 254 11/ 02 SIGNATURE PAGE TO CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS, A CALIFORNIA CORPORATION, TO PROVIDE ON - CALL GEOTECHNICAL ENGINEERING SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: NATHAN T. MART Z Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT: By: Garreth Saiki Title: Principal Engineer Page 10 of 10 City Council 17 — 255 11/21/2023 EXHIBIT A SCOPE OF SERVICES City Council 17 — 256 11/21/2023 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL GEOTECHNICAL ENGINEERING SERVICES RFP NO.23-123 Introduction / Background The City of Santa Ana intends to retain Geotechnical Engineering Consultants on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide geotechnical engineering services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. In general, work consists of general geotechnical engineering services for Public Works Projects and or related to City facilities. The funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. Scope of Services On as needed basis, the selected firm/s shall provide the City with the following services as described herein. The consulting firms are responsible for any damage to utilities during the locating efforts. The consulting firms selected for these services shall demonstrate the ability and experience in the following types or work and not limited to: • Soil Classification and Analysis • Material Testing • Ground Water- Dewatering and Seepage Control Analysis • Seismic Stability • Soil Liquefaction City of Santa Ana RFP 23-123 City Council age 0— 257 11/21/2023 • Slope Stability and Protection • Construction Inspection • Open and Braced Excavations (shallow) • Grading and Site Clearing • Pavement Design • Foundation Design • Retaining Structures- submerged and partially submerged • Fill Compaction • Special Inspections • Subsurface Geotechnical Investigation • Infiltration Testing The Consultant/s shall also provide services such as: field exploration, laboratory testing and instrumentation. If there are any exceptions to the core of requested services, proposers shall list said exceptions in their proposal (matrix form). For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. General Requirements and Project Deliverables The Consultant's services for the project preparation, special studies/investigations shall include and in be in conformance with the latest editions of the following: The City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and or federal, state and local guidelines established in the project. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the tasks. This plan shall include all milestones and task breakdown for each of the tasks and subtasks included therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed • Deliverables • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence City of Santa Ana RFP 23-123 City Council age — 258 11/21/2023 In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The following services/items shall include. but are not be limited to: 1. Research existing records of utility companies and agencies and coordinate with the involved parties. 2. City may opt to receive only PDF versions of the plans, reports, and studies for reviewing purposes. If so, the Consultant team will provided plans and/or specifications accordingly. 3. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub -consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional -level quality of work product. 4. If included in the on -call project scope, attend meetings with the City staff as required. 5. If included in the on -call project scope, the Consultant shall coordinate permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 6. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications. All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. Proiect Schedule and Progress: Progress review meetings shall be held at intervals deemed appropriate by the City. The Consultant shall furnish two copies of all completed work or partially completed update/status since the last progress review meeting. Progress reports shall be submitted monthly in electronic format indicating achievements and project schedule progress. City of Santa Ana RFP 23-123 City Council ageIt — 259 11/21/2023 City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All reporting and coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities Fee Probosal: In addition to Section IV.13.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of contract to the selected Team. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. City of Santa Ana RFP 23-123 City Council ageIt — 260 11/21/2023 EXHIBIT B CONSULTANT'S PROPOSAL City Council 17 — 261 11/21/2023 Olt SANTq 7 U y Proposal to Provide On -Call Geotechnical Engineering Services City of Santa Ana / RFP No.: 23-123 August 28, 2023 PO4-04193 ninyoandmoore.com `I Am 35 /YWY9 �*mrp. City Council Geotechnical & Enviro"tal Scip�ry onsultants 11 /21 /2023 1 0 01 1 Statement of Qualifications Cover Letter August 28, 2023 Proposal No. 04-04193 City of Santa Ana Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, California 92701 Attn: Mr. Gilbert Castillo, Project Manager Subject: Proposal to Provide Geotechnical Engineering Services City of Santa Ana Public Works Agency RFP No. 23-123 Dear Mr. Castillo: J ji►rr7►o &,I nnr P. Ninyo & Moore Geotechnical and Environmental Sciences Consultants (Ninyo & Moore), a California corporation, appreciates your consideration of our proposal to provide the City of Santa Ana (City) with Geotechnical Engineering services in response to the City's Request for Proposal (RFP) issued August 2, 2023. We understand that our services will be performed on an on -call or as -needed basis. We fully understand the type of services the City requires, and are ready to meet your needs by making available a dedicated team of professionals who have the requisite experience and resources to successfully complete task assignments. Ninyo & Moore has provided previous geotechnical, special inspection, and materials testing services for the City on an as-needed/on-call basis and will continue to utilize our effective project management approach. We emphasize that the opportunity to provide services to the City of Santa Ana Public Works Agency is of great importance to us. We are fully prepared to make every possible commitment needed for successful and timely completion of task orders assigned to us. As the contact person who is authorized to make legally binding commitments for Ninyo & Moore, Mr. Garreth Saiki, PE, GE, Principal Engineer, will be readily available and can be reached at our Irvine office, 475 Goddard, Suite 200, Irvine, California 92618; by phone, (949) 753-7070, extension 12231; and/or by email gsaiki@ninyoandmoore.com, to answer any questions during your evaluation period. We look for- ward to the opportunity to discuss our capabilities with you personally. Ninyo & Moore appreciates the City's favorable consideration of our proposal. Sincerely, NINYO & MOORE '4�4 r �• Garreth Saiki, PE, GE Principal Engineer GMS/klb Distribution: (6) 5 hard copies, 1 upload to PlanetBids 475 Go�cl'drd"RY 2i70 I Irvine, California 92618 1 p. 949.753.70�61 www.ninyoandmoore.com/21 /2023 field Contract Firm and Team Experience Firm Profile Ninyo & Moore Geotechnical and Environmental Sciences Consultants, a California Corporation, was established in 1986 to provide consulting services in geotechnical engineering, construction inspection and testing, engineering geology, hydrogeology, hazardous waste remediation and environmental assessment. Since our inception, we have steadily grown to over 550 professionals in 15 offices throughout the southwestern United States. Ninyo & Moore has the equipment and trained personnel to perform the required geotechnical and materials laboratory testing services in-house, in one of our three fully -equipped, certified geotechnical and construction materials laboratory facilities in southern California. Our laboratories are supervised by registered engineers and are certified by the City of Los Angeles, Caltrans, California Division of the State Architect (DSA), American Association of State Highway and Transportation Officials (AASHTO), Cement and Concrete Reference Laboratories (CCRL), the U.S. Army Corps of Engineers, and other regulatory agencies. As part of our laboratory accreditation, we have written quality control procedures for laboratory testing, which includes training and certification of both our laboratory personnel and testing equipment. Laboratory testing for task orders issued under the proposed on -call contract will be performed in our local Irvine (Orange County) laboratory. For over 30 years, Ninyo & Moore has become a specialist in providing on -call services for public agencies. We have developed a management approach that enables us to provide our clients with responsive, efficient, and cost effective services utilizing master agreement/on-call con -tracts with specific task order work assignment authorizations. The success of our approach is demonstrated through our long list of successful public agency on -call services contracts and the continued renewal of these contracts. We will utilize the project management approach we have developed over the years to provide the City of Santa Ana with responsive service by qualified and certified personnel that will be supported by in- house technical expertise and equipment resources. C�7 City of Santa Ana City of Brea City of Yorba Linda City of Diamond Bar City of Newport Beach City of Irvine City of Rancho Santa Margarita City of Los Angeles City of Santa Monica City of Long Beach County of Orange County of San Bernardino County of Riverside John Wayne Airport Los Angeles World Airports Long Beach Airport Orange County Transportation Authority San Bernardino County Transportation Authority Riverside County Transportation Commission Port of Los Angeles Port of Long Beach Inland Empire Utilities Agency Orange County Sanitation District Santa Ana Unified School District Anaheim Elementary School District Irvine Unified School District Los Angeles Unified School District Ninyo & Moorey tY oTSa�YOna�bn-Call Geotechnical Engineering RFP No. 23-123 1 P04104193 FA'ugust 28, 2023 11 /21 /2023 01 1 Statement of Qualifications Project Team Mr. Rajindra Handapangoda, PE, GE, will serve as Project Manager/Principal Agent for this on -call contract and will be responsible for ensuring that each task order assigned to us is performed in accordance with the contractual obligations. Mr. Handapangoda will be responsible for managing this on -call contract utilizing our on -call management approach. He will be responsible for the performance of each assigned task order and will provide supervision of our engineering and field staff to ensure that the work performed meets the City's requirements for schedule, content, and budget. If for some unforeseen reason he is not available, Mr. Garreth Saiki, PE, GE, our Principal -in -Charge, will step in his place and assume the responsibilities. He has personally managed on -call contracts Ninyo & Moore was awarded throughout Orange County. Mr. Saiki will be responsible to ensure that Mr. Handapangoda has all the resources necessary to complete task order work assigned to us and that our services meet or exceed our City's expectations. The following organization table provides information of our key staff and their availability for this contract. Complete resumes are included in Appendix A. Rajindra Handapangoda PE 73171 (California) 17 75% PE, GE GE 2998 (California) Project Manager/Principal Agent Garreth Saiki, PE, GE PE 49665 (California) 37 65% Principal -in Charge GE 2509 (California) Nuclear Gauge Operator Certification Michael Putt, PG, CEG PG 7581 (California) 27 75% Task Manager/ CEG 2341 (California) Engineering Geology Radiological Safety and Gauge Use Certification, 1997 Andy Rodriguez Radiation (Nuclear Gauge) 25 75% Task Manager/Field User Safety Operations Daniel Chu, PhD, PE, GE PG 7581 (California) 40 35% Technical Advisor/ CEG 2341 (California) Geotechnical Engineering Radiological Safety and Gauge Use Certification, 1997 Ninyo & Moore has provided innovative • solutions to complex geotechnical and • • environmental challenges. Ninyo & Moore Geotechnical Engineering RFP No. 23-123 1 P044193 f Ygust 28, 2023 0-ks ment of Qualifications Al`�/, i M Field Technicians and Inspectors ti Ninyo & Moore's field staff is highly experienced and qualified to provide testing and inspection services _ for an extensive range of project requirements. Ninyo & Moore's field and laboratory technicians maintain certifications from the City of Los Angeles, American Concrete Institute (ACI), American Welding Society (AWS), Caltrans, State of California Division of the State Architect (DSA), International Code Council (ICC), s Occupational Safety and Health Administration (OSHA), United States Department of Transportation L SDOT),as well as other regulatory agencies. They possess a working knowledge of the requirements d procedures as specified by these agencies. Our field technicians are extensively experienced at oviding geotechnical soils and materials testing services for construction projects. The following table is sampling of field personnel and their certifications that are available to work on this project. 4 Reg i strations/Certifi cations Years Steven Eck Senior Field ACI, ICC, LADBS, OSHA, USDOT HAZMat 43 Technician Mohammad Senior Field ACI, ICC, LADBS, OSHA, USDOT HAZMat 32 Haque Technician Robert Ritter Special Inspector ACI, AWS, ICC 31 Lincoln Linn Senior Field ACI, ICC, OSHA, USDOT HAZMat 31 Technician Randy Engel Senior Field ACI, BNSF, CALTRANS, USDOT HAZMat 29 Technician Hector Heredia Senior Laboratory AASHTO, ACI, CALTRANS 24 Technician Vance Hunter Senior Field ACI, CALTRANS, eRailSafe, OSHA, USDOT 24 Technician HAZMat Steven Moudy Senior Field ACI, USDOT HAZMat 23 Technician Joe Levario Senior Field ACI, BNSF, CALTRANS, eRailSafe, OSHA, USDOT 19 Technician HAZMat James Dalgity Laboratory Manager ACI, CALTRANS, USDOT HAZMat 18 Matthew Puraty Senior Field ACI, CALTRANS, OSHA, USDOT HAZMat 18 Technician Matthew Jacobs Senior Field ACI, ICC, LADBS, FRP, OSHA, USDOT HAZMat 17 Technician Ryan Villasenor Senior Field ACI, ICC, OSHA, TWIC, USDOT HAZMat 14 Technician Steven Almond Senior Field ACI, OSHA, USDOT HAZMat 13 Technician Wilkins Cobian Senior Field ACI, BNSF, CALTRANS, USDOT HAZMat 13 Technician Paul Medina Special Inspector ACI, ICC, LADBS, OSHA, USDOT HAZMat 10 Ninyo & MooreY X of Saa, a9nal�n-Call Geotechnical Engineering RFP No. 23-123 1 P04104193 �A'ugust 28, 2023 11 /21 /2023 01 1 Statement of Qualifications Understanding of Need Ninyo & Moore will utilize the project management style and approach that we have successfully developed for past and current on -call contracts with public agencies. Throughout the contract duration, Mr. Rajindra Handapangoda, our proposed Project Manager and single point of contact for the City, will meet with the representative(s) of the City to discuss task order assignments, project concerns, permits required, anticipated services required for those projects and close-out requirements. Upon notification of a task order request, we will commence our services. Our approach to our geotechnical, materials testing and inspection services is described in the following flow chart. • Ninyo & Moore project manager reviews RFP to prepare preliminary scope and level of effort. • Ninyo & Moore project manager reviews preliminary scope and level of effort with the City. • Ninyo & Moore finalizes and submits scope and fee estimate. • City issues task authorization based on scope and fee estimate. • Acquisition of site access and applicable permits, if required. • Ninyo & Moore prepares work plan identifying key personnel/subcontractors performing the work and schedule of work. • Each task order budget will be monitored in real-time (Deltek Vision). City notified at 50%, 75%, and 90% of TA budget. Budget amendment requests will be discussed with the City PM at the 75% mark and will be submitted (if warranted) at 90%. • Perform a site reconnaissance to document site conditions and to locate and mark proposed exploratory locations. • Locations to be cleared by Underground Service Alert and/or private utility locator. • Drilling, sampling, and logging of small diameter borings or Cone Penetrometer Tests (CPT), test pits, and/or fault trenches in accordance with the RFP and TA. • Collecting representative samples from the exploratory locations. Samples will be transported to our in-house laboratory for testing. • Performing laboratory testing in accordance with the applicable test methods (i.e., ASTM, AASHTO, Caltrans, etc.) to evaluate the geotechnical design parameters. • During construction, perform geotechnical observation and testing or special inspection or materials sampling per request of City's Project Inspector • Perform engineering analysis of field and laboratory data to evaluate design parameters, including but not limited to the following: o Excavation and Backfill o Settlement o Liquefaction o Corrosion Potential o Bearing Capacity o Pavement Design • Prepare and submit a written report presenting the results of our background review, field exploration, laboratory testing, and engineering analysis, as well as our geotechnical conclusions and recommendations for the design and construction of the project. • Complete and provide to the City the required closeout documentation Ninyo & MooreYC'it Y R0,nY,RnalL-Call Geotechnical Engineering RFP No. 23-123 1 P04104193 FA'uggust 28, 2023 1 1 /21 /2023 01 1 Statement of Qualifications Relevant Project Experience The following is a list of Ninyo & Moore's relevant projects, successfully completed in the past five years by our staff that demonstrate our competence to perform work similar in scope and magnitude to that required for this project. On -Call Geotechnical, : On -call geotechnical, special 2020 : City of Santa Ana Special Inspection and : inspection and materials : Victor So Materials Testing ; testing services to the City of ; (714) 667-2700 Santa Ana, CA : Santa Ana for the Public Works : : vso@santa-ana.org Agency's Capital Improvement ................................ Program :................................... :............... :................................ On -Call Geotechnical, ; On -call geotechnical, 2022 - City of Irvine Engineering Geology and : engineering geology, and : Mr. Tom Polson Materials Testing Services : materials testing and deputy : (949) 724-6367 Irvine, CA : inspection services, third- ; tpolson@cityofirvine.org party review services, as : well as hazardous materials ................................ assessments .................................................................................. On -Call Geotechnical and : On -call engineering, 2023 City of Yorba Linda Materials Testing Services : geotechnical and materials : Mr. Rick Yee Yorba Linda, CA : testing and deputy inspection, : (714) 961-7171 as well as environmental ; ; ryee@yorba-linda.org consulting services during the various construction and ................................:...................................:...............:................................ - reconstruction type projects - - On -Call Geotechnical and ; On -call geotechnical and Ongoing Materials Testing Services : materials testing services Orange County, CA : during the various Orange orks and :Orange County Community Resources construction and reconstruction type projects .................................................................... On -Call Geotechnical Consulting and Materials Testing Services Rancho Santa Margarita, CA On -call geotechnical engineering consulting and material testing services for various City projects County of Orange Public Works Mr. Ryan Rose �IJ714) 667-8876 yan. Rose@ocpw.ocgov. om Pity of Rancho Santa Margarita Mr. Tri Nguyen : (949) 635-1813 tnguyen@cityofrsm.org r 01 1 Statement of Qualifications Agreement Terms Ninyo & Moore has reviewed the City's RFP Master Service Agreement and is willing to comply with the Agreement terms. References The following are three (3) public agency contacts that can attest to the quality Ninyo & Moore's services and work product. For these agencies and client references, we are currently providing or have provided similar geotechnical engineering services within the past five years. Mr. Ryan Rose County of Orange Public Works 601 North Ross Street Santa Ana, CA 92701-5000 E� Ryan. Rose@ocpw.ocgov.com Ms. Stephanie Gunawan- Piraner John Wayne Airport 3160 Airway Avenue Costa Mesa, CA 92626 � sgunawan-piraner@ocair.com Mr. Rick Yee City of Yorba Linda 4845 Casa Loma Avenue Yorba Linda, CA 92886 E� ryee@yorba-linda.org Ninyo & MooreY Y oTSaQnt RCAn-Call Geotechnical Engineering RFP No. 23-123 1 P04104193 ?Zogust 28, 2023 1 1 /21 /2023 02 1 Scope of Services and Schedule Based on our review of the City's RFP, we understand that our services will include as -requested geotechnical engineering services for various types of projects located throughout the City of Santa Ana The RFP indicates that the projects may include street pavement, traffic signals, underground utilities, buildings and park improvements. The anticipated scope of work includes inspection and testing for construction involving grading, soils, base material, reinforced concrete and masonry, asphalt concrete, structural steel, and painting. Ninyo & Moore can provide the anticipated services in the RFP. Our services will be performed in accordance with applicable laws of the State of California and the requirements of the City of Santa Ana guidelines and ordinances, OSHA Construction Industry Standards, California Code of Regulations, South Coast Air Quality Management District Regulations, and other applicable codes. Testing will be per- formed in accordance with the latest addition of the Standard Specifications for Public Works Construction ("Green book"), Caltrans, ASTM and applicable standard test methods. We have included a scope of services for soils and materials testing and special inspections. Site specific y w scopes of work will be developed for each specific project assignment. Example scopes are provided below. • Project coordination, including meeting with the representatives of the Agency and their design team to discuss our scope of work. • Review of preliminary project plans, geologic and seismic hazard maps, and readily available geotechnical reports to evaluate possible geologic hazards that may impact the proposed construction. • Acquisition of permits necessary to proceed with our subsurface evaluation. • Geotechnical site reconnaissance to document the site conditions and to select and mark the proposed excavation locations for underground utility location. • Drilling, sampling, and logging of small -diameter and/or large -diameter exploratory borings and/or excavation of exploratory test pits. The depths of the excavations will depend on the details of the proposed project and site location. Traffic control will be performed, as appropriate, in general accordance with the W.A.T.C.H. manual. • Laboratory testing of representative soil samples to evaluate the soil characteristics. Laboratory testing may include in -situ moisture and dry density, gradation, maximum density and optimum moisture content, consolidation and expansion potential, expansion index, consolidation, shear strength, corrosivity and sulfate content, and R-value testing. • Data compilation and geotechnical analysis of field and laboratory data. Our analyses will address the following: • Suitability of the site for the proposed construction from a geotechnical perspective. • Description of the site geology and on -site soils anticipated during construction, including an evaluation of geologic hazards that might be present at the site. • Evaluation of slope stability under static and seismic conditions. • Excavation and compaction requirements, including suitability of the on -site soils for use as fill and/ or trench backfill. • Analysis of the temporary stability of the trench excavations and shoring pressures, including allowable lateral earth pressures and allowable passive pressures for proposed trenches, as appropriate. • Evaluation of the depth to the groundwater table and potential areas of dewatering, as appropriate. • Evaluation of potential settlement. • Evaluation of the potential for liquefaction. • Evaluation of the corrosion potential of the on -site soils. • Evaluation of pavement design for the proposed roadway sections, as applicable. 11 /21 2023 Ninyo & MooreY* it Y o;0,,Y Qnaibn-Call Geotechnical Engineering RFP No. 23-123 1 P04104193 g,4ugust 28, 2023 8 02 1 Scope of Services and Schedule Preparation of a written report presenting the results of our field exploration, laboratory testing, and engineering analyses, as well as our conclusions and recommendations relative to the geotechnical aspects of project design and construction. Upon substantial completion of the project plans and specifications, Ninyo & Moore can perform a geotechnical and geologic plan review to evaluate whether the conclusions and recommendations presented in our report were correctly interpreted and incorporated into the project plans and specifications. These services can be performed if requested and authorized. Soils and Materials Testing & Special Inspection Services Our soils and materials testing and inspection services may include the following, depending on the requirements of the specific task order assignment: • Project coordination and client liaison, including scheduling of personnel to provide observation and materials testing services and meeting attendance. • Review of readily available background materials pertaining to the site, including geotechnical reports, project plans, and specifications. • Attendance at pre -construction and field meetings as requested by the client. • On -site soil and materials testing and inspection during construction on an as -requested basis. Our inspection services will be performed in accordance with the applicable building codes requirements project's plans and specifications. Our soils and materials testing and inspection services can include the following: • Field observation and inspection during foundation construction, including observation of footing excavations, pier drilling, pile driving, as appropriate. • Field observation, documentation and testing during the earthwork operations. Our services will include observation and field density testing of compacted fill, including embankment fill, structure and wall backfill, utility trench backfill, subgrade, aggregate subbase, aggregate base, materials. • Field sampling and in -place density testing will be performed during asphalt pavement construction. Asphalt production plant inspection and sampling will be performed to evaluate conformance with project specifications. Laboratory testing of raw aggregate and completed mix samples will include sieve analysis, sand equivalent, percent asphalt, film stripping, CKE, swell, and maximum density per the Construction Manual and project specifications. • Field sampling and testing of concrete structures and paving during construction. Our field testing services will include sampling of concrete, and evaluating the temperature, penetration, air content, and unit weight. Concrete cylinders will be cast during concrete placement for structures and will be transported to our laboratory for compressive strength testing. Concrete beams will be cast during concrete paving and transported to our laboratory for flexural strength testing. Concrete batch plant inspection and sampling will be performed to obtain raw aggregate samples for acceptance testing and to evaluate the batch plant operation for conformance with project specifications. Laboratory testing of aggregate samples will include sieve analysis, sand equivalent, and cleanness value per the Construction Manual, Standard Specifications, and project Special Provisions. Further, specialized tests, such as L.A. rattler, durability index, specific gravity, etc., will be performed upon request by the Resident Engineer. • Field inspection of the construction materials, both during fabrication/ erection/construction and after construction completion (finish project inspections) performed by inspectors registered with the County of Orange and other agencies (ICC, AWS-CWI). Inspections may include: • Reinforced concrete, including foundations, cast -in -place concrete structures, and miscellaneous concrete construction. • Structural masonry, including retaining walls, sound walls, building and site walls. o Onsite and fabrication shop welding and bolting of structural steel. Non -Destructive Testing (ultrasonic, magnetic particle and dye penetrant) o Roofing, painting and coating Ninyo & Moorey* it y,';,O, aRnaibn-Call Geotechnical Engineering RFP No. 23-123 1 P04104193 ?4ugust 28, 2023 11 /21 2023 9 02 1 Scope of Services and Schedule • Laboratory testing on collected construction material samples in accordance with the appropriate California Test, AASHTO, and ASTM test methods and utilizing our Caltrans and AASTHO certified laboratories. Laboratory testing may include maximum dry density and optimum moisture content of the soils to be placed as fill or backfill; compressive strength testing of the concrete, and conformance testing (including sieve analyses, sand equivalent, R-value, cleanness value and durability tests) on the proposed aggregate subbase, aggregate base, asphalt concrete, and concrete pavement. Testing will be performed at frequencies re-quired by the Caltrans Construction Manual and/or applicable project specifications. • Preparation of daily reports and other memoranda to summarize the field operations and test results. Our reports will include the information required by the review agencies. • Preparation of a final report summarizing the results of our field and laboratory test results, including final report on grading and certification of compliance Schedule Ninyo & Moore is committed to providing prompt, efficient, and high quality geotechnical and materials testing and inspection services throughout contract duration. As one of the largest geotechnical and geologic engineering firms in southern California, Ninyo & Moore has the personnel and resources available to complete the requested task order services in accordance with the City's requirements. For each task order request, we will provided a detailed staffing and resources management plan which will identify specific tasks and the level of effort required for the services required for the specific request. Ninyo & Moore's personnel are fully committed to this contract. We also have a commitment from our subconsultant team that the necessary staff will be 100% available to perform the required work at the time the task order is assigned. We have developed an effective on -call management system that allows us to successfully handle multiple task orders concurrently. Our ability to provide consistent and cost-effective consulting services for task order based contracts is a result of our many years of experience in refining our on -call management process. The core of this process is our highly experienced and qualified staff of professionals that are available to begin work on requested task orders. ItX/ Ninyo & MooreYCit Y oOa�n7a� RAn-Call Geotechnical Engineering RFP No. 23-123 1 P04104193 T-Rugust H, 2023 11 /21 %2023 10 Fee Proposal City Council 17-275 11/21/2023 03 1 Fee Proposal Fee Proposal As requested in the RFP, we are providing our Fee Proposal in a separate, sealed envelope. Our proposed billing rates are valid throughout the first fiscal year of the contract, from November 19, 2023 through November 18, 2026. COST SAVINGS INNOVATIVE IDEAS - STRATEGY Our approach will often We often encounter projects Our team of professionals include recommendations where we need to think will evaluate each project ' that provide cost saving "outside' the box and provide element to determine the innovative or advanced solutions for our clients Jtechnologies to resolve best value approach .4 project challenges GOAL The ultimate goal is the on time, and within budget completion of every project performed to the total satisfaction of the client Ninyo & Mooreyl it y oOa�n�a. CAn-Call Geotechnical Engineering RFP No. 23-123 1 P04104193 ?4u11 21 2023 ggust 28, 2023 It Certifications ,1�1In�n,�¢ore {74g1433fi330 City Council 17 — 277 11 /21 /2023 04 1 Certifications Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code 'Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Cade 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 BINDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that rr9akin,g a falsercertification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affrtned) before me on th' day of 20_, by proved to me on the basis of sat i evidence to be the person(s) who appeared before me. Notary Public Seal See attached certificate City of Santa Ana RFP 23-123 Page A8-1 Ninyo & Moore9Citfy oi'Sa4n�a�nalbn-Call Geotechnical Engineering RFP No. 23-123 1 PO4�04193 ?Zu ust 28, 2023 11 /21 /2023 04 1 Certifications CALIFORNIA JURAT GOVERNMENT CODE § 8202 A notary public or other officer completing this certificate verifies only the identity or 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 Subscribed and sworn to (or affirmed) before me an this 23 day of AU' WSt , 2Q 23 , by Date Month Year (1) David Khom - Notary Public (and (2) Garreth Saki ) DAM KHOM Name(s) of Signer(s) Notary public • California �} a .. � Orarfee Gaunty Cammission # 2371418 proved to me on the basis of satisfactory evidence to �•"`� My Comm. EwpletsAug 19, 2p25 � be the person(s) who appeared before me. Signature' •"' Ploce Notory Seal ondlor stamp Above Signature of Notary Public Completing this !reformation can deter alteration of Me fraudulent reattachment of this form to on unlntendel Description of Attached Document Title or Type of Document: Document Than Named Above: Number of Pages:-- t�4F"iJ:§h:3KkYdWt:kit"kt'�{`Lh1d�>1K`.P%}WY@f9#3#6WlpliditPl#fi�S�kttF§blkf�kM�iili�ZCF(P�t'.tl:s'�i�9 02019 National Notary Association Ninyo & MooreYCitfy oi"S9nTs'Rnalbn-Call Geotechnical Engineering RFP No. 23-123 1 PO4�04193 ?Ru?ust 28, 2023 11 /21 /2023 2 04 1 Certifications 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: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence 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 Ninyo & Moore Geoteghnical ar}d Environmental Sciences Consultants Signed and Printed Name: Title Principal Engineer Date August 28, 2023 City of Santa Ana RFP 23-123 Page A3-2 Ninyo & Moorey,ulfy oi"SW Rnaibn-Call Geotechnical Engineering RFP No. 23-123 1 P04104193 ?Post 28, 2023 11 /21 /2023 04 1 Certifications 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. Signed: , "Q Title: Principal Engineer Firm: Ninyo & Moore Geotechnical and Environmental Sciences Consultants Date: August 28, 2023 City of Santa Ana RFP 23-123 Page A3-4 ItX/ Ninyo & MooreYCit Y oi"SW Rnaibn-Call Geotechnical Engineering RFP No. 23-123 1 P04104193 ?Pgust 28, 2023 11 /21 /2023 Co�inr�a��,anre GiWechni(A & Enwironmental Sciences Consultants 475 Goddard, Suite 200 1 Irvine California 92618 1 p. 949.753.7070 1 f. 949.753.7071 ARIZONA I CALIFORNIA I COLORADO I NEVADA I TEXAS I UTAH City Council ninyoandmogrp c(2r 11/21/2023 EXHIBIT C COMPENSATION Consultant's Fee Proposal including hourly rates, if applicable City Council 17 — 283 11/21/2023 35, IjlinrJn�/�onre Professional Staff Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist $ 250 Senior Engineer/Geologist/Environmental Scientist $ 235 Senior Project Eng i neer/Geologist/Envi ron mental Scientist $ 220 Project Engineer/Geologist/Environmental Scientist $ 210 Senior Staff Engineer/Geologist/Environmental Scientist $ 200 Staff Engineer/Geologist/Environmental Scientist $ 180 GIS Analyst $ 160 Technical Illustrator/CAD Operator $ 140 Field Staff Certified Asbestos/Lead Technician $ 220 Field Operations Manager $ 150 Nondestructive Examination Technician (UT, MT, LP) $ 145 Supervisory Technician $ 140 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) $ 135 Senior Technician $ 135 Technician $ 130 Administrative Staff Information Specialist $ 120 Geotechnical/Environmental/Laboratory Assistant $ 120 Data Processor $ 95 Other Concrete Coring Equipment (includes technician) $ 190/hr Anchor Load Test Equipment (includes technician) $ 190/hr GPR Equipment $ 180/hr Inclinometer $ 100/hr Hand Auger Equipment $ 80/hr Rebar Locator (Pachometer) $ 25/hr Vapor Emission Kit $ 65/kit Nuclear Density Gauge $ 12/hr X-Ray Fluorescence $ 70/hr PID/FID $ 25/hr Air Sampling Pump $ 10/hr Field Vehicle $ 15/hr Expert Witness Testimony $ 450/hr Direct Expenses Cost plus 15 % Special equipment charges will be provided upon request. For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays. Field technician and special inspection hours are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours. Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable. The terms and conditions are included in Ninyo & Moore's Work Authorization and Agreement form. y ounce — 2023 Ninyo & Moore I City of Santa Ana On -Call Geotechnical Engineering RFP No. 23-123 1 PO4-04193 I August 28, 2023 CA16 SOILS CONCRETE Atterberg Limits, D 4318, CT 204........................................................... $ 170 Compression Tests, 6x12 Cylinder, C 39 $ 35 California Bearing Ratio (CBR), D 1883.................................................. $ 550 Concrete Mix Design Review, Job Spec. $ 300 Chloride and Sulfate Content, CT 417 & CT 422................................... $ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI $ 850 Consolidation, D 2435, CT 219................................................................ $ 300 Concrete Cores, Compression (excludes sampling), C 42 $ 120 Consolidation, Hydro -Collapse only, D 2435....................................... $ 150 Drying Shrinkage, C 157...................................... $ 400 Consolidation - Time Rate, D 2435, CT219..._......_......_......_......_._ $ 200 Flexural Test, C 78..._......_......_......_......_......_......_......_......_......_......__$ 85 Direct Shear- Remolded, D3080...... ...... ...... ...... ...... ...... ..... $ 350 Flexural Test, C293..... ...... ...... ...... ...... ...... ...... ...... . ._ __ $ 85 Direct Shear- Undisturbed, D 3080._......_......_......_......_......_........ $ 300 Flexural Test, CT 523_....._......_......_......_......_......_. _. $ 95 Durability Index, CT 229_ __.........................................................__ $ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI .......... _ $ 275 Expansion Index, D4829, IBC 18-3 ..___ _..___... ..___... $ 190 Lightweight Concrete Fill, Compression, C495 $ 80 Expansion Potential (Method A), D 4546.................................. $ 170 Petrographic Analysis, C 856 $ 2,000 Geofabric Tensile and Elongation Test, D 4632.......................................$ 200 Restrained Expansion of Shrinkage Compensation $ 450 Hydraulic Conductivity, D 5084 ....................$ 350 Splitting Tensile Strength, C 496 ............. $ 100 Hydrometer Analysis, D 6913, CT 203 .................$ 220 3x6 Grout, (CLSM), C 39 $ 55 Moisture, Ash, & Organic Matter of PealJOrganic Soils ....$ 120 2x2x2 Non -Shrink Grout, C 109 $ 55 Moisture Only, D 2216, CT 226.... $ 35 Moisture and Density, D 2937....._ _......_......_......_.... $ 45 ASPHALT Permeability, CH, D 2434, CT 220....._......_......_......_......_......_......_ .. $ 300 Air Voids, T 269 $ 85 pH and Resistivity, CT 643 .... .... _ .... _ .... _ .... _..... _ .... _ .... _ .... _ .. $ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) $ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180 ...................$ 220 Asphalt Mix Design Review, Job Spec $ 180 Proctor Density with Rock Correction D 1557..........................................$ 340 Dust Proportioning, CT LP-4.......... .... _ $ 85 R-value, D 2844, CT 301............................................................... _ _$ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382 ... _ $ 250 Sand Equivalent, D 2419, CT 217 $ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382 _.............. $ 150 Sieve Analysis, D 6913, CT 202. $ 145 Film Stripping, CT 302 ............ $ 120 Sieve Analysis, 200 Wash, D 1140, CT 202 $ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 $ 225 Specific Gravity, D 854._........................ $ 125 Marshall Stability, Flow and Unit Weight, T 245.._._ $ 240 Thermal Resistivity (ASTM 5334, IEEE 442) $ 925 Maximum Theoretical Unit Weight, D 2041, CT 309 $ 150 Triaxial Shear, C.D, D 4767, T 297 $ 550 Moisture Content, CT 370 _ .. _ $ 95 Triaxial Shear, C.U., wlpore pressure, D 4767, T 2297 per pt ._ $ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371.......... $ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt _ $ 350 Slurry Wet Track Abrasion, D 3910 1 1 ................... _ $ 150 Triaxial Shear, U.U., D 2850 _ __ _ . _ _ _ $ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) ............. __ $ 4,900 Unconfined Compression, D 2166, T 208 $ 180 Superpave, Gyratory Unit Wt., T 312 _ _ _._....................... - $ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324 .............................. $ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308......................................... $ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 _........$ 70 Voids in Mineral Aggregate, (VMA) CT LP-2..............................................$ 90 Brick Compression Test, C 67 $ 55 Voids filled with Asphalt, (VFA) CT LP-3................................................... $ 90 Brick Efflorescence, C 67 _.._ _ $ 55 Wax Density, D 1188 $ 140 Brick Modulus of Rupture, C 67.................................................... $ 50 Brick Moisture as received, C 67_...........................................................$ 45 AGGREGATES Brick Saturation Coefficient, C 67...........................................................$ 60 Clay Lumps and Friable Particles, C 142 $ 180 Concrete Block Compression Test, 8x8x16, C 140 ..... _..... _..... _..... .. $ 70 Cleanness Value, CT 227 _ $ 180 Concrete Block Conformance Package, C 90 $ 500 Crushed Particles, CT 205 . $ 175 Concrete Block Linear Shrinkage, C 426 $ 200 Durability, Coarse or Fine, CT 229 $ 205 Concrete Block Unit Weight and Absorption, C 140 ........................... $ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 ................. _ $ 180 Cores, Compression or Shear Bond, CA Code .................................... $ 70 Flat and Elongated Particle, D 4791................................................... $ 220 Masonry Grout, 3x3x6 prism compression, C 39................................ $ 45 Lightweight Particles, C 123 _ ....................... $ 180 Masonry Mortar, 2x4 cylinder compression, C 109 ___ .....................__ _ $ 35 Los Angeles Abrasion, C 131 or C 535 .. _......_......_....._ $ 200 Masonry Prism, half size, compression, C 1019.................................. $ 120 Material Finer than No. 200 Sieve by Washing, C 117 .............................$ 90 Masonry Prism, Full size, compression, C 1019......................................$ 200 Organic Impurities, C 4011 ...............................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 __$ 950 Chemical Analysis, A 36, A 615 $ 135 Potential Reactivity of Aggregate (Chemical Method), C 289................. $ 475 Fireproofing Density Test, UBC 7-6 _ _ $ 90 Sand Equivalent, T 176, CT 217 _ ... _................................................ $ 125 Hardness Test, Rockwell, A 370 _ .... .... .... ....$ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136 ....................................... $ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136............... $ 145 per assembly, A 325 $ 150 Sodium Sulfate Soundness, C 88 __._..._......__......_....__....__......_... _ $ 450 Mechanically Spliced Reinforcing Tensile Test, ACI _...._...._...._.. $ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 _............ $ 115 Pre -Stress Strand (7 wire), A 416 _....._.. $ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ...._................... $ 175 Reinforcing Tensile or Bend up to No.11, A 615 & A 706 $ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 $ 90 ROOFING Welded Reinforcing Tensile Test: Up to No.11 bars, ACI_ $ 80 Roofing Tile Absorption, (set of 5), C 67..................................... _$ 250 Roofing Tile Strength Test, (set of 5), C 67................................................ $ 250 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. Niny0l*cEeolandliboratoryTesting 17 - 285 11 /21 /2023 Public Works Agency www.santa-ana.org/public-works Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Amend Agreement for AMI Planning and Implementation Services AGENDA TITLE Approve Third Amendment with E Source Companies, LLC to Extend the Agreement Term and Increase the Total Agreement Amount by $250,000 for Automated Metering Infrastructure Planning and Implementation Services (Non -General Fund) (Project 16- 6460) RECOMMENDED ACTION 1. Authorize the City Manager to execute a third amendment to the agreement with E Source Companies, LLC to extend the term to expire November 20, 2024, and increase the total compensation by $250,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023- XXX). 2. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $250,000 in planning funds for the Automated Metering Infrastructure Project. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On May 7, 2019, at the conclusion of a competitive bidding process, the City Council awarded a three-year agreement, with the provision for one two-year extension option, to E Source Companies, LLC (formerly known as Utiliworks Consulting, LLC) (Exhibit 1) to provide the Public Works Agency Water Resources Division (Division) with implementation and ongoing project support for the Automated Metering Infrastructure (AMI) Project. Throughout the AMI Project, the consultant has successfully guided the Division in its development and execution of the tasks needed to accomplish the City's vision for this project. This included advising on component selection, assisting in the development of the Request For Proposal (RFP), reviewing and testing system integrations, and overall project management to supplement City efforts. The additional funding from this request will re -fund tasks for ongoing project management and field/data review oversight of the deployment activities to ensure the City Council 18 — 1 11/21/2023 Amend Agreement for AMI Consulting Services November 21, 2023 Page 2 quality and timeliness of the work being performed, as well as provide new funds for additional operational systems and data oversight. Due to a number of factors including interruption of the product supply chain due to the COVID-19 pandemic and the complexity of systems integrations, the project schedule has exceeded initial projections. Staff recommends approving this agreement amendment to maintain the vital project support services provided by E Source (Exhibit 2) and amending the FY 2023-24 Capital Improvement Program (Exhibit 3) to facilitate this amendment. FISCAL IMPACT Funds for action, in the amount of $250,000, have been budgeted in the previously - approved FY 2023-24 annual operating budget for the Water Enterprise. The following table summarizes the funds budgeted and available in current FY 2023-24 for expenditure. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryover to FY 2024-25. Accounting Fiscal Unit — Fund Accounting Unit — Amount Year Account # Description Account Description Project # Existing Project Budget FY 2023- 06017645- Water Administration & 24 62300 Water Engineering, Contract $973,673 16-6460 Services -Professional Additional Funding FY 2023- 06017645- Water Administration & 24 62300 Water Engineering, Contract $250,000 16-6460 Services -Professional Total $1,223,673 EXHIBIT(S) 1. Agreement A-2019-066 2. Third Amendment with E Source Companies, LLC 3. CIP Worksheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager City Council 18 — 2 11/21/2023 IN5URANCC ON FILE WOFife MAY PROCEED tJ1'IIi.1 SURACE EXPIRES CLERK F C) C . Dam: JUN 0 6 2019 AGREEMENT TO PROVIDE PLANNING AND IMPLEMENTATION SERVICES FOR THE AUTOMATED METER INFRASTRUCTURE PROJECT A-2019-066 EXHIBIT 1 THIS AGREEMENT is made and entered into this 7th day of May, 2019 by and between UtiliWorks Consulting, LLC ("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 11, 2018, the City issued Request for Proposal No. 18-064, by which it sought a consultant to provide professional planning and implementation services for the City's Automated Meter Infrastructure Project, by which the City intends to to convert existing water meters to "smart" meters based on new available technologies. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-064. C. In und.ettaking the perfortnance 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 were described in the scope of work that was included in RFP No. 18-064 and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $896,530. This sum is comprised of (1) the base amount of $815,027 and (2) a 10"/o contingency in the ainount of $81,503 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 City Council 18 — 3 11/21/2023 performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on May 6, 2023, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for a one-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 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. 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 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 Pnria 7 of RQ City Council 18 — 4 11/21/2023 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. 7. 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 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 forin, 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 $I,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (crrors 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. City Council 18 — 5 11/21/2023 (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, 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensations, 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 subconsultan.ts, 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 terms of or effects arising from this Agreement. This indemnity surd 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 Cade Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and eEnployces against any and all liability, including costs, and attorney's fees, for infringement of any C..Jnited States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. City Council age 4 5T 8 — 6 11/21/2023 10. 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. 11. 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. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. 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) City Council 18 — 7 11/21/2023 P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: UtiliWorks Consulting, LLC 2351 Energy Drive Suite 1010 Baton Rouge, LA 70808 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. 14. 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. 15. 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. Page 8 of 89 City Council 18 — 8 11/21/2023 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. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. 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 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 affinns that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES 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 Page W of 89 City Council 18 — 9 11/21/2023 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. 21. MISCELLANEOUS PROVISIONS a. .Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST; Norma Mitre Acting Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: ,T n M, Funk Assistant City Attorney FOR APPROVAL Fuad S.S'w `ss, PE, PLS Executive 17 ector Public Work Agenev CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT, e - 7� 6 ;;;;i � —7: e: 0A Pennington Tide: Pr sident & CEO City Council 18 — 10 11/21/2023 EXHIBIT A Deliver to: City of Santa Ana ATTN: Cesar Barrera, P.E. 20 Civic Center Plaza Santa Ana, CA 92701 8 P p U.C, 4 1 04 siraitegic Utility consuffing City Council 18-11 11/21/2023 1. Cover fetter To: Cesar Barrera, P.E. City of Santa Ana Public Works Agency From: Kody Salem, Principal UtiliWorks Consulting, LLC RE: Request for Proposals (RFP) for AMI Planning and Implementation Consultant UtiliWorks Consulting, LLC (UtiliWorks) appreciates the opportunity to submit this proposal in response to the RFP issued by the City of Santa Ana (City, Santa Ana) to provide advisory services related to advanced metering infrastructure (AMI) solution design and optimization, procurement, and system deployment oversight. We acknowledge we have received Addendums 1,2, and 3. UtiliWorks offers professional services to assist utilities in the evaluation, design, procurement, and implementation of AMI and smart metering solutions. This is the exclusive focus of our company. In that regard, we are interested in this opportunity, as we believe that we are uniquely positioned to guide the City regarding its AMI implementation initiative. We understand that the City has conducted an initial study to determine AMI feasibility for its approximately 45,000 customers and is seriously considering the execution of a "Design, Build, Run, and Transfer" model for its AMI implementation. We applaud the City's initiative to increase efficiencies and provide excellence in utility operation and customer service. We are confident that the City's AMI initiative is an excellent fit for our services and the long-range solutions that must be developed. We would like to highlight the key areas we believe differentiate us from other firms. Evidence supporting these points has been provided throughout this proposal. These key differentiators are: 1. A Taiired Solution for Your Unique Environment. In performing our initial engagement with the City, we plan to utilize a comprehensive approach in developing a detailed implementation plan and analyze how an AMI implementation can positively impact each department, not solely focusing on the meter -to -cash functions. As part of our regular engagements, UtiliWorks helps our clients determine which technology applications make sense for their unique environments. This includes budgeting, planning, selection of the appropriate technology, and providing implementation support and oversight. Working in conjunction with utility personnel, our team can create an optimum solution for the City because we do not associate our recommendations with a particular technology, and we have no vendor affiliations. This allows us to independently guide utilities towards a "best -fit" solution without outside influence. Although independent, our executives at our firm have strong working relationships and direct access to top level personnel at AMI vendor organizations. This helps to expedite resolution of any issues that may arise during a 2 ! Page City Council 18 — 12 11/21/2023 project. Our team also has a robust pricing database which further assists in developing estimates and negotiating the most favorable terms possible for our utility clients. highly -focused compan y ms aec„its this Market Space. We are a smaller, P Y with subject matter experts who have deep roots in the AMI market. Being a smaller consulting firm focused on AMI, we typically have a lower cost compared to large multi -national engineering firms. We wilt provide the City and its members full access to our senior staff and executives, We have excellent client references from utilities who desire a more agile organization with a tailored delivery strategy. Our team is known for our "hands-on" experience with technology, vendors, and owners in both pilot and full deployment environments. You will see evidence of our work with virtually all the leading vendors in this space. We believe our team has more true deployment experience (versus theoretical understanding) than any other consulting firm in this sector, Our references are the best way to confirm this. lndustryRecognition: Our staff have worked on many advanced metering engagements on behalf of utility clients over the past 13 years, and we are very familiar with utility operations across all functional areas. By utilizing a strategic approach which includes public outreach and benefits verification, we have assisted our clients in receiving industry accolades. These include: a. Orangeburg Department of Public Utilities, SC ("Best Smart Infrastructure Project of the Year", CS Week 2015) b. Albuquerque Bernatitto County Water Utility Authority, NM ("Best Smart Infrastructure Project", CS Week 2013) c. City of Ruston, LA ("Smart Grid Project of the Year", Utility Automation and Engineering TED Magazine, 2010) d. City of San Marcos, TX ("Best Smart Infrastructure/Grid Project", CS Week 2010 and "AMI Project of the Year", Distribu7ECH 2O09) Many of our clients have been featured in both international trade journals and local newspapers based on the success of their automated metering projects. We are very proud of our clients" accomplishments and wit[ always seek to gain them the recognition they deserve. We are very excited about the opportunity to work with the City, We think you wit[ find that our firm"s personnel and experience exceed all minimum consultant requirements as listed in the RFP. We are confident that our team will connect with the City of Santa Ana in a cost- effective way that will yield great results. Respectfully submitted, Kody Salem Principal UtiliWorks Consulting, LLC ksatem@utiliworks.com 2351 Energy Drive Suite 1010 Baton Rouge, LA 70808 P (615) 375-6396 F (225) 612-6404 3lpage City Council 18 — 13 11/21/2023 2. Table of Contents 1. Cover Letter......................................................................................... 2 2. Table of Contents.................................................................................. 4 3. Agreement Statement............................................................................. 4 4. Executive Summary................................................................................ 5 5. Company Information.............................................................................. 9 FirmExperience....................................................................................... 9 TeamExperience.....................................................................................10 6. Technical Approach...............................................................................12 ProjectMethodology.................................................................................12 Scopeof Services ................... <................................................................. 14 Mobilization and Project Kickoff................................................................14 Stateof Industry Review.........................................................................14 RequirementsWorkshop.. ........................................................................ 14 ImplementationPlan..............................................................................15 StaffingPlan.......................................................................................15 RFPDevelopment..................................................................................15 RFPAdministration................................................................................16 ResponseEvaluation Support....................................................................16 Contracting Et Negotiations Support............................................................16 Implementation Program Management.........................................................16 Implementation Program Management Optional Services...................................17 Schedule............................................................................................... 20 7. References.........................................................................................21 Pastand Present Clients............................................................................21 ClientReferences.................................................................................... 27 8. Fee Proposal....................................................................................... 30 9. Appendix............................................................................................31 TeamResumes........................................................................................31 ExecutedForms...................................................................................... 38 3. Agreement Statement We are in concurrence with the terms in the standard agreement provided in RFP as ATTACHMENT 2 and take no exceptions. 4 j Pages City Council 18 — 14 11/21/2023 4. Executive Summary It is UtiliWorks' understanding that the City of Santa Ana has already taken steps to assess the feasibility of AMI technology for its customers, including related operational technologies, such as Meter Data Management (MDM) software, By refining an AMI system solution with UtiliWorks, the City will be able to better realize the project objectives outlined in the City's 2016 feasibility report: providing higher levels of customer service and water usage information to enable water conservation by customers, and improving the water system operations and efficiency, Through our experience interacting with utilities, vendors, and our own research, we have gathered a wealth of information of various AMI technologies. Our understanding provides valuable insight to the best suitable AMI technologies for the City's specific situation and needs. Provided below is an example knowledge capture work product of water AMI solutions in a matrix form. We are familiar with all major water AMI technology vendors while maintaining vendor -neutrality. Q W.Mor MOO allRh%mt" Water AME Solutions Proprietary Information; Vendors Names Withhe[d Fhtieoc*-t+ FRfi PLG!, ,w cY:? FF I rig rRF PG W JRr £i8 Rr r7r Casu".� i� ,Ww140ir4i I Nkp /2w PIMP3_iF}.R fFY.iS% P"r.�'�i NA`#� 1 Iwl1111'b kr:,n :Fi:L>;ai=kd Y Y N Y'!J H ti Y i to H x t�Ceir•+i td; a a GaPd ta,e CCkb2s 904:?590"2M IZ!Yd 0a�?7. 4w2-Yd� 93F ptUM 041 71 &Ji IO W sy2 :v!3 12 Sit7 4 : Bd�R'FXJ 18aEr3rry idrm;'r�l �F4c t�tQ Pry � YJ l*x 76 �����'� _ 25 3T� 35 Ra � 9Q ��a Y KFn I .NstParcamanca �«ia.xee7 t6 pr 3rtt Figure I - UtifiWorks AMI Vander Matriy Because technology and services in the industry have grown since the time the City's feasibility report was commissioned, UtiliWorks is able to leverage its experience in AMI procurement, contracting, and deployment to engage in knowledge -share with the City and fill in gaps regarding AMI solutions. Using our institutional knowledge, UtiliWorks is well -prepared to make recommendations to City on all aspects outlined in the City"s RFh, including: A. Smart Metering Technology B. Data Collection Network C. Communication Method D. System Head -End Control Computer and Software E. Meter Data Management Software F. Endpoint Installation 5 1 P a a e City Council 18 — 15 11/21/2023 G. Hosting H. Staffing Considerations for Smart Metering Technologies I. Schedule J. Preparation of Solicitation Documents K. Installation/Implementation Period Project Management Each of the above items will be thoroughly addressed (and always are addressed) during the tasks in our proven `UtiliWorks Advantage' approach detailed in Section 3 of this proposal, Prior to solicitation for an AMI solution, UtiliWorks will memorialize all recommendations and decisions in a formal implementation plan. This plan will serve as the driving reference document throughout AMI procurement and implementation. UtiliWorks can help the City navigate the procurement process, allowing the City's AMI Committee to design and optimize a solution that fulfills the City's unique needs. UtiliWorks has a wide range of subject matter experts (SMEs) who have helped define the technical requirements and specifications of clients' systems and have created "Capabilities Workbooks" for vendors to fill out alongside their proposal submittal. These workbooks allow clients to itemize and prioritize specific functional criteria and evaluate vendor proposals on a granular Level. A sample workbook excerpt is shown below. City of Lawrence Requirements and Capabilities • AMI System All "a tra_.p ..:. - ..:. ... .. Tun RMt 5 aril Bali - ... ..< :r .. ..,:: significantly limit the broads of water meters that the City can - - - nstall, Specify brands/modals of water meten diet are idly General AMF 1 Junctlanal with AMI sVsram It them are any maker limiiatfons with Requ[Nd Cunent Base 'specslic vendor models, these stnufd be listed byvendar andspecift mvdelsThai are notfvnctlon Iwith yourAMI5 tam. I _ �Aeat ail applicable federal, state, and local regulatory requFrementc (fncluding, but net limited to, American Water Wwki Association General AM2 AWWAJ, Nadonaf Electric Safety Code_ (NESC), Gederaf Required Furore Rase ammunlcmlons Coms"ssloe (FCC), and American NatloaaE Release %standards Tnsthute ANSI . General AMI 3 :f•at interfere with the City's wilent Utlilty, SCApA, public Safety u Regvlred MadlRcatlon 3 other PfcommunitAbonss stem General AMI 4 t system bockhavl to be IdannRed by AMI vendor. Tile City's AUA io"'atlaRS will not be used far AM avkRaul Required Third party System' Genera€AMI s Un€ del Idmmuentl all maker; on the network Re usted Customieafion G AMI G Indvde a raductf nand env€ronme t for the H a nd s tam, Nice to eve Not a d GenllalAMI 7 teVide a method of oMaleling readings by handheld computers inihe Nice Nave °event Raed network communlcaton with meters Is down. to Orovide a method of obtaining readings by vehicle•mosned mobile Genera! AME g collectors in the event fined network eommunicatlan with meters IS face to Flaw Mown. ltiIM reprogramming of meten remotely lover-the-ahl via the AN General AMF 3 Podt. List meter Lmnds for which your AMI system canna Required renmitram the mete General AM ritical failaras shall be delectad, logged and reported b AMI headandimmvdiatdl Includin ; General Afvll IQ Cdfecte[ device failure Required Ge eralAMI ]1 End devlte PogurP Re aired G perel AMI 13 Rnd llint firimmic upgrade failure iw wred General 13 Time synchronization fa lure Required Gen INA 14 Database Storage exCeaded }la ulfed General AM 15, MIMFY failure Re d-d . eneral AMI 16 Communicadpts it k failure ae Ired GanualA i 17 .n9Vldea sular L*wffoptlon for collectors. By ore Gcnrml AMl IS Sucamll temal data coliecden for measured woduct Re aired Figure 2 - wimple Requirements and Capabilities Screen Clip UtiliWorks is experienced in developing such deliverables for a number of smart metering technology components, including: AMI networks, MDM Systems, water meters, installation processes, and metering equipment. 6 i P a a e City Council 18 — 16 11/21/2023 UtiliWorks will be able to provide assistance in development of a Request for Proposals (RFP) package, as wet[ as solicitation of proposals, addressing vendor questions, preparation of and participation in pre-proposat and shortlist meetings, and technical and cost evaluation. Post -procurement, the installation of AM] equipment/software(s) usually involves multiple vendors, with several moving parts. We have the program management expertise to manage all these variables. By combining our team's wealth of industry knowledge, the application of Project Management Institute (PMI) best practices, and a hands-on approach, we help to manage, and effectively reduce, the City's overall program risk while ensuring successful outcomes, Having managed many similar projects and the associated vendors who wilt be involved, we are keenly aware of the field construction/installation requirements as related to site and structural conditions/inspections, traffic flow, and overall project safety concerns. Our scope of services is designed around a proven, phased -based approach. This approach is perfectly suited to manage the City's proposed "Design, Build, Run, and Transfer" business model, providing structure, as well as well-defined evaluation and exit criteria. We will work on your behalf, "as an extension of your staff," ensuring your interests are the primary focus throughout the effort. Our ultimate goal is to facilitate the best -quality AMI solution on time and on budget. Our appointed Project Manager (PM) wilt work with the City's PM to develop a detailed project plan, which is used to guide and control all tasks and services associated with the smart metering project. The project plan identifies each individual task via a detailed work breakdown structure that includes the level of effort required to complete tasks, timeline for completion of tasks, dependencies (predecessor and successor relationships), responsible party (vendor, client, etc.), and current status of each task. Y. .. .,,. _ ., a: f. Y< t� G• hr. �tFs t.. e.:4.Tr^.S r AAIIY1nJoct vied W2Q14 thv 1011111 .•--•,••.•w•,.,•,,n.,•V•,. S}0 to 1:ra�lf>.LSt^� Yf9f EP;IfiA 'Npi 9i231H b ills _ �'nKkx B':Nnx+sa �rzePr.� Yire Vzll5 vcrdm TtivluNin tvJ s»aj:$`S5 Fr�d)Iojdj $ e N "Bacinal Fr"eaAileagwramantsl Plan s tar€If➢ry.1 Wed 14U11s 'thclei Sedtr Beyauanar{ay d&-1111Y" 14itX115 "[mnEe.ln¢si lnrie.vikwt ia211({e1" rie3P(]if14 '-� 'Ba7asufipn 0�p10ymaue 1,*llmTls lrlal7"115 9 'Saner/Camllunlntlo tl Saflwwa l€eployman7 L6-ViIfM m711111s '$Vitt" mggtalion ta0n{71114 F111f.4hs 'Alpha Mal& Oapfoyw�t eana lll€11s 1GUSf➢j1s ' Ben NOR, Qayioymam. 741PYif1s hivn 7lF115 8 'ftp�ipm:nl s{xie€patfak AnFdJlim{ tai7j2sh5 Mw76{Sf➢s G :j •9�aFnetyrlrnta4,t?anwepvatinn Asm+(71�14 ft111z1JlS V� ' aml Meier iNWaticn hif18TIS Aidejy5 9r� "Tnirtin; F,f7lluks li�aAi35fls p ' Italning plan He7s"tl�n €t1 k1111s {1pi4fwls ' lt. lwiaing 1w4u ils 1/IA 9fi9115 imp ' TnGn� €uobhtlj75 WedallHly ' eels W Umploee 1ha O uin Tbu 10ey15 9V .. ' FQ1 ilcpl*ymnt ►,eparstlun lfi g134115 11mlelvat qe } rigure 3 - Example Rolled -up Project Plon In being tasked with day-to-day vendor management, we lessen the burden on your organization and free up your resources. As the supporting project manager, we will provide vendor contract administration and management services. We will review all vendor invoices and compare the proposed payment request to the contracted milestones. Another key rote as your project manager is to create and maintain open communications among all stakeholders. Our project manager will lead formal, recurring status meetings with the core 7 1 P a g e City Council 18 — 17 11/21/2023 team members to ensure that the project tracks to the milestones set forth in the project plan. Additionally, we are in constant communications with various project participants, following up on action items, work products, and fielding questions on a daily basis. Our team will provide structured oversight of activities to ensure that all project components are executed in a timely, organized fashion and completed to the project definition and expectations. We will work together with the City to institute an overall Quality Management program for the deployment, allowing for smooth transfer of ownership of the system to the City. Each project participant will have specific roles and responsibilities as it relates to the overall duality program. Figara-4 - QAIQC Model Management responsibility encompasses establishing a high-level presence and environment to facilitate activities and a fundamental commitment to quality. Each vendor will be responsible for quality control efforts as it relates to its contracted scope of work. In addition to implementation program management to support the "Design, Build, Run, and Transfer" model, we have provided optional pricing for services that can accommodate any level of deployment support needed. We are able to provision service for: • Proof of Concept Planning • Systems Integration Oversight • Training Oversight • Testing Oversight • Business Process Re -engineering • Communications Campaign • Full Deployment Quality Assurance/Quality Control • Data Optimization To support the City in its AMI initiatives and to facilitate the activities described herein, we have outlined a technical approach that focuses on network delivery of utility data and business work flow changes that will drive performance throughout the organization. The services requested by the City fit squarely into our service model, with a clear path of progression. 81Pagc City Council 18 — 18 11/21/2023 5. Company Information Firm Experience UtiliWorks is a privately held company. We have approximately 24 full-time employees and 5 part-time employees. Please see below for the UtiliWorks Consulting profile. 2351 Energy Drive Contact: Dale Pennington Contact Suite 1010 Phone: (225) 766.4188 Information Baton Rouge, Louisiana 70808 Fax: (225) 612-6404 Website: www.utiliworks.com Email; d ennin ton@utiliworks.com Business Utility -focused professional services firm Focus, Advanced metering and associated technology design and deployment Attributes • Project management and implementation support Company Founded:2005 FEIN:20-5167904 Information Limited Liability Company DUNS; 825164713 • Feasibility Studies • Strategic Planning • Financial Modeling and Data Analytics - RFP Development and Procurement • Business Process Re -Engineering - Systems Design and Services Integration - Program Management - Communications • Expert Witness Testimony Revenue Assurance • Grant Writing and Reporting - Rate Studies Together with our clients, UtiliWorks advances business and technology solutions' Company which strategically enhance utility operations. We focus on the delivery_ of your Mission technology system and the requisite business process changes that will drive performance throughout your organization. • Corporate Office in Baton Rouge, Louisiana Location . Associate offices in California, Florida, Illinois, Indiana, Kansas, Minnesota, Nevada, New York, North Carolina, Ohio, South Carolina, Tennessee, Texas, and British Columbia Chase Bank Banking 451 Florida Street, 7'n floor, Suite 726, Baton Rouge Louisiana 70801 Attention: Michelle Boudreaux Phone: (225) 332-7718 Insurance Juban Insurance Group and 4319 Bluebonnet Boulevard, Baton Rouge Louisiana 70809 Bonding Attention: Dave Peek Phone: (225) 291-0405 Graves -Carley, LLP 2137 Quail Run Drive, # B, Baton Rouge, Louisiana 70808 Legal Attention: Allen Graves Phone: (225) 757.7676 Fax: (225) 757.1771 9 1 P a g e City Council 18 — 19 11/21/2023 UtiliWorks has worked across the United States and abroad with utilities in their advanced metering infrastructure (AMI) initiatives. Since our founding in 2005, we have had over 80 clients (both past and present). The breadth of our experience and speak to UtiliWorks' ability to provide benefits for our clients regardless of their geography or topology. Our recommendations are informed by a detailed review of your utility's service area and unique characteristics. We have served 14 clients specifically in California, including; • Alameda County Water District, CA • Azusa Light and Water, CA + City of Buena Park, CA • City of Oceanside, CA • City of Riverside, CA • City of Roseville, CA • City of Santa Rosa, CA • City of Signal Hill, CA • Long Beach Water Department, CA • North Marin Water District, CA Team Experience The core team proposed below has experience in RFP development, project planning and deployment program management. UtiliWorks has strong client references and testimonials to support our value during each of these phases. Our unique qualifications include: • True field deployment experience versus theoretical understanding, as compared to other consulting firms. • Complete end -to -end capabilities to address all components of an AMI deployment project, beginning with AMI planning/feasibility study and procurement, leading into deployment planning, systems integration, installation inspection, quality control, business process re - engineering, customer engagement/communications and overall project management. Kody Salem. Executive Sponsor _ _ _ _ Nlcole Grifffa Program.IV. pager Bret Vonder Reith Project Manager ` . Joe Kelly Ll operat o, SME MDM, Murall Joeng/Deployment Parvathl SME A brief synopsis of the proposed team members' background and percentage of time allocated to the project is provided below. Full resumes can be found in the Appendix. 10iPage City Council 18 — 20 11/21/2023 ;'ivame`Ttle; and Bckgroutd and'Skills l dime:::. Location pev4re0;to ProjeiM,t Fang+, Refiect5: Various Prb ect Phases;:'. Kody Salem . UtiliWarks Consulting Principal 5 Principal, Utsor ks e Provide support and executive oversight on for utility Executive Sponsor technology initiatives such as Smart Grid/AMI and SCADA systems Location: Nashville, • Over 27 years of technical operations and TN management experience + Background in radio frequency, instrumentation, and controls technologies Nicole Griffin . Project Management Institute (PMI) certified Project 10-15 Manager and Black Belt in Six Sigma Program Manager . Performs industry research, preparing critical Location: Baton documentation including in-depth reporting, Rouge, LA performing feasibility studies and developing communications campaigns for utility clients i Involved in various iltRiWorks projects with similar services to what is proposed for ACSA, including Fort Worth Water Department TX, Sewerage and Water Board of New Orleans LA, Alameda Municipal Power CA, City of Killeen TX, Orangeburg Department of Public Utilities SC, City of Ruston LA Bret Vonder itelth Mr, Vonder Reith brings over 25 years of project 50.60 management, information systems development and Project Manager application integration experience for a variety of Location: Encinitas industries to include Utility customers. CA i Bret's background includes over 20 years as an Information Technology data integration specialist and consultant. • Bret is a proven leader, successful at leading complex projects and achieving organizational goals and objectives, Bret is a certified Project Management • Professional (PMP) with the Project Management Institute, Joe Kelly 4 Over fourteen (14) years of project management, 120 Metering/Deployment installation and consulting experience for utility customers SME 4 Over eight (B) years as an installation contractor in Location: Laughlin, the AMI field for water, electric and gas utilities NV 6 Involved in various UtiliWorks project providing guidance on AMI deployment projects 11 1 Page City Council 18 — 21 11/21/2023 Name, Title, and Location Background and Skills % Time Devoted to Project - Range Reflects Various Project Phases Don Rankin 4 Electrical Engineer and experienced utility manager 5-10 with 19 years leading Water, Wastewater and Water SME Stormwater Utility Operation and Maintenance, Location: Topeka, KS Capital Programs and Customer Service Operations. • He is an innovative big picture thinker with strong analytical reporting skills. • Serving as a water subject matter expert for muttiple advanced meter infrastructure (AMI) assessments • planning and executing technology programs related to AMI and meter data management systems (MDMS) that meet water utility oats and objectives Parvathi Murati a Experience in software implementation, data 5-10 analytics, AMI, Meter Data Management and strategy MDM, IT/OT SME consulting Vancouver, British ' Involved in various UtiliWorks projects with similar Columbia services to what is proposed for Santa Ana, including Anchorage Municipal Light and Power AK, Fort Worth Water Department TX, Long Beach Gas and Oil CA b. Technical Approach Project Methodology UtiliWorks uses a proven project methodology called UtiliWorks Advantage' for Utility Technology projects, as illustrated in the proceeding page. The services requested by the City of Santa Ana's AMU stakeholder committee (areas A-K in RFP) fit squarely into our service model, the UtitiWorks Advantages'. The key to this successful model is that for every technology consideration there is a corresponding Business Process aspect that must assessed. Each task presented in this scope of services section is expected to build upon previous tasks and knowledge of the City's operations in order to ensure a successful deployment process. The Feasibility Study conducted by Black Et Veatch lays the foundation for the "Assess" step of AMI implementation, and the scope described herein encompasses the remaining building blocks through the Install step in the UtiliWorks Advantage". Additionally, the UtiliWorks Advantage' is flexible enough to provide structure to any implementation the City chooses to engage in, including the "Design, Build, Run, and Transfer" business model. 121Page City Council 18 — 22 11/21/2023 DI; NNS City Council 18 — 23 11/21/2023 Scope of Services Mobilizatlon and Project Kickoff UtiliWorks will establish communication with the City's project sponsor or point of contact and schedule the formal kickoff meeting. The kickoff meeting will introduce project participants, formalize project goals and objectives, level -set on project plans and solidify next steps for UtiliWorks involvement, This task also allows time for the UtiliWorks project team to become familiarized with the City and their project needs prior to kickoff. During mobilization, UtiliWorks will initiate data requests to understand the City's procurement requirements and RFP timeline. Deliverables: Project Charter, Project Schedule, Kickoff Presentation State of Industry Review The State of the Industry is an interactive discussion designed to provoke thought and prompt questions. Our expert team details key concepts underlying the current state of the AMI and smart metering industry and share important design considerations when embarking on a new technology project. Topics for this session include: data collection network, communication methods, headend software control, meter data management systems and hosting options. This session can be included during project kickoff to set the stage for requirements definition. We also delve into the success stories of other utilities and discuss how to avoid the pitfalls. Deliverables; State of the Industry Presentation Requirements Workshop We use the information gleaned in the State of the Industry to understand the City's preferences and requirements. Findings from this session, as well as the data requests and kickoff, Lead to a solid foundation for our experts to develop an initial requirements list. This list will be refined onsite during a requirements workshop. A combination of requirements will be covered in the workshop with dedicated sessions around the different technology and options in scope for the RFP. Ultimately, the requirements workshop will be used to arrive at a foundational set of requirements to be used in the City's RFP. Some areas for consideration: • Functional Requirements - What does CLIENT want this new technology to do? • Tele-Communications Requirements - Does CLIENT have existing structures to mount communications equipment and what backhaul methods are available? • Business Requirements - What business needs are fulfilled by AMI? • Integration Requirements - How does CLIENT want this new technology to interface with other systems? • Performance Requirements - What measures of performance should be specified in the RFP / Scope of Work for the vendor to satisfy the business requirements of CLIENT? • Reporting Requirements - What types of reports and reporting tools will CLIENT need to optimize the information available with AMI? • Procurement Requirements - What are the rules CLIENT must follow to procure equipment and professional services? Deliverables: List of Requirements and Capabilities (attachment for RFP) 14 1 Page City Council 18 — 24 11/21/2023 Implementation Plot? UtiliWorks will collaborate with the City's team to develop the recommended implementation strategy for AMI and related programs, In general, our methodology divides the project work into specific phases, each with its own measurable outcome which builds from the previous phase. This roadmap represents a long-term plan to illustrate how various deployments can take place, and it will serve to memorialize the recommendations and decisions made regarding the areas of concern as outlined by the City (smart metering technology, data collection network, communication method, system head -end control computer and software, meter data management software, endpoint installation, hosting, staffing consideration for smart metering technologies, schedule, preparation of documents, and installation/implementation period project management, UtiliWorks will consider budget cycles and cost requirements, resource allocation, training requirements, workflow development, infrastructure requirements, and system integration in determining the implementation roadmap. The plan will include a recommended schedule for inclusion in the RFP, which accounts for full meter replacement and endpoint installation. Deliverables: lmp[ernentation Plan Staffing Plan UtiliWorks will work with City's PM and stakeholder committee to develop a proposed project staffing plan that will include identification of the project Steering Committee, proposal response Evaluation Team, the Core Project Team, and SMEs that will continue to contribute throughout the life of the project. UtiliWorks will provide an expected time commitment for each, depending on roles and responsibilities. As part of this effort, UtiliWorks will work with the City to determine and anticipate potential temporary and permanent positions that may be required during and post -deployment. The staffing plan will also provide a guide for converting the current Meter Shop and Billing positions into new, post -deployment positions and assist with the development of new job descriptions, retraining methodology, etc. Deliverables; Staffing Plan, Draft Job Descriptions RFP Development UtiliWorks will prepare the solicitation documents (RFP and attachments) with the intent to provide the vendor community with the essential information to prepare a robust response that is tailored to the procurement strategy at the City. UtiliWorks will incorporate the scope of work into the City's standard RFP boilerplate and review with the City team (including purchasing and legal) to ensure that all requirements are accurately reflected. It is anticipated l:hat there will be several iterations for the RFP draft creation and the RFP draft review until we reach to the point where the RFP is complete and acceptable for publication. UtiliWorks will also compile a comprehensive List of potential proposers (which may or may not include: Communications/Network, AMI, MDMS, Meters/Materials, Installation) that would represent viable options to satisfy the goals and requirements of the City, Deliverables: Publish -ready RFP, Vendor list and Contact Information 151 Page City Council 18 — 25 11/21/2023 RFP Administration UtiliWorks will assist the City with those tasks that must be managed once the RFP is released including: (a) advertising the RFP; (b) setting the agenda and leading a pre -proposal meeting; (c) receiving and responding to vendor questions; and (d) publishing any necessary addenda. Deliverables: Pre -Proposal Meeting Agenda, Compiled Qpestion/Answers from Proposers Response Evaluation Support Prior to the receipt of responses, the UtiliWorks PM will work with the City's PM to organize and schedule the proposal review process. As the responses are received, UtiliWorks team of SMEs immediately starts the evaluation process alongside the City's designated Evaluation Team, UtiliWorks will summarize key components of each proposal and analyze each cost proposal. When lining up the cost proposals side -by -side, it is common to discover that each vendor quote differs in some fashion, making it difficult to perform an apples -to -apples comparison. We minimize this challenge with how we structure the RFP response requirements and our analytical approach to cost normalization. UtiliWorks will work with the City throughout the evaluation process to arrive at a shortlist of recommended candidates. We will work with the City's Evaluation Team to customize the shortlist meeting agenda and outline questions for each vendor interview. Our team will attend the shortlist interviews and ensure that candidates answer questions comprehensively and to the City's satisfaction. UtiliWorks can also assist with reference checks and help to arrange site visits, so that the City may obtain useful feedback from the experiences of other water utilities. At the end of the evaluation process, we will work with the City team to weigh the pros and cons of each shortlist candidate so that the City can arrive at a final selection. Deliverables: High Level Proposal Summary, Cast Normalization, Shortlist Interview AgendolQuestions, Shortlist interview Summaries Contracting & Negotiations Support UtiliWorks will provide guidance and support to the City during contract negotiations with the selected vendor(s). Our experts will review and provide editorial for the proposed vendor contract and SOW, determine whether the SOW complies with requirements and negotiate terms that are as favorable as possible for the City. This includes a review of contractual items surrounding mass meter and endpoint installation as defined by the City. UtiliWorks will work with City staff and the respective vendor(s) to: identify and document specific systems acceptance criteria; identify and document expected deliverables to be produced; and, identify price concessions. UtiliWorks will actively participate in discussions / negotiations with the selected vendor on behalf of the City. Deliverables: Scope of WorklContract Revisions and Recommendations lrmplernentotion Program Management UtiiiWorks will provide implementation management oversight to support deployment of the City's AMI Project. The UtiliWorks PM will serve as a liaison between the AMI installation vendor and City to ensure project success. UtiliWorks will facilitate an on -site kickoff meeting with all City and vendor stakeholders to initiate the project and review the project scope, timeline, communications plan and housekeeping items. UtiliWorks will work with City and the selected vendor(s) to develop a comprehensive Project Execution Plan (PEP). The purpose of the PEP is to provide a set of guiding principles regarding 161 Page City Council 18 — 26 11/21/2023 philosophy, judgments and actions to be taken over the course of the project. The PEP will outline the methods used for project controls related to: Quality Control, Risk/Issue/Change Management, and Communications. In conjunction with the development of the PEP, an integrated, milestone driven Microsoft project schedule will be developed to include work by all vendors. Project Management activities will include: maintaining the overall project schedule; working with all project participants to monitor progress and adjusting the work plan as needed to stay on schedule; facilitating regular project progress and other meetings; creating project status reports as required with input from the City; working with the City to monitor the scope of work of each vendor; identify, report, and track project issues and risks; and, track project budget. Activities will include: • Preparation and dissemination of periodic update reports on AMI vendor's progress • Providing clarifications and answers to AMI vendor's requests for information as needed Providing direction and technical assistance in resolving installation issues in the field • Providing direction and technical assistance in resolving technology commissioning issues that may arise Deliverables: Project Execution Plan, Integrated Project Schedule, Monthly Status Reports, Meeting Agendas, Meeting NotesfAction Items The RFPs requested Implementation Program Management Services is fairly limited in scope, UtiliWorks experience has been that utilities implementing AMINDM, in most cases, need more extensive support and expertise, As such the following sections layout typical Program Management Services our teams norms l y provide to clients as "Optiortol Services" We would lave the opportunity to discuss with Santa Ana if oppreapricate. Implementation Program Management Optional Services The City's Implementation Plan will ultimately drive the deployment schedule, but the UtiliWorks' approach assumes the project will have two primary phases: Proof of Concept (POC) Phase and Full Deployment Phase. UtiliWorks offers proven Implementation Program Management Services beyond basic Project Management surrounding this deployment approach. The business process and software integration activities fall under the POC phase. The intent of the POC phase is to minimize the risk to the City's day-to-day operations, with deployment of a select number of AMI meters, stabilization of the AMI network and end -to -end testing in all meter -to -cash related processes. Our optional services are presented for the City's consideration and are summarized below: POC Planning - UtiliWorks will guide final POC implementation planning, accounting for final contracts and any changes to the AMI implementation roadmap. The POC implementation plan will finalize project details on meter quantities, equipment acquisition, required materials, mass meter/endpoint installation, testing and training. Systems Integration Workshop - UtiliWorks' Integration SME will lead a workshop with the City and the designated vendor personnel to identify and confirm the systems specific integration methodology and ensure alignment between each underlying interface. Systems Integration Oversight- UtiliWorks' Integration SME will coordinate and oversee the systems integration effort that will occur during the POC. The intent is to have the pre -identified systems interfaces designed, developed, tested and automated prior to i71Page City Council 18 — 27 11/21/2023 full deployment start. Specifically, UtiliWorks will lead weekly technical review meetings with all designated personnel internal and external to the City to monitor progress and identify roadblocks, Training Oversight - UtiliWorks will coordinate the timing and delivery of on -site Vendor training during the POC and coordinate with City regarding the availability, suitability and readiness of a training environment. UtiliWorks will review each vendor's training plan submittal for completeness including: course descriptions; course agenda; and, proposed timing. UtiliWorks may recommend additional training and other forms of end user training to supplement vendor training. Testing Oversight - Critical to evaluating the success of the AM] POC and whether City objectives are met is the plan and methodology for testing the installed solution. Under this task, UtiliWorks will review and provide feedback on each vendor proposed test plan, including test scripts and scenarios. UtiliWorks will coordinate the timing and execution of Vendor and City testing, as well as establish a defect tracking system for monitoring testing progress. Business Process Re -engineering - UtiliWorks' Business Process Re -engineering (BPR) experts will engage the City in a series of current and future state workshops, designed to guide the Utility through changes to internal business processes as part of an AMI Deployment. To achieve the anticipated benefits of the systems, the City needs to adopt new processes, procedures and policies. Vendors will often skim over substantive recommendations detailing changes to business processes. UtiliWorks will utilize the background information on City to help drive discussions around operational changes that are the successful foundation for a BPR effort, Communications Campaign - UtiliWorks' Communications SME will work with City staff to develop the content for a variety of customer facing materials, including: door hangers, status letters, press releases, brochures, webpages. UtiliWorks will advise City on the timing of releasing the information pieces to the customer base. Quality Assurance/Quality Control - UtiliWorks' Field Specialists work with Vendor Quality Manager(s) to ensure that City's standards are maintained by all installers throughout the Full Deployment phase. This includes spot checks/verification of meter and endpoint installation, meter read and data quality audits. Data Optimization - UtiliWorks Data Management Services team will work with the City to identify high -value use cases for your utility. From there, UtiliWorks will monitor progress on reporting/use case development to City staff quarterly. Wherever possible, UtiliWorks will make updates to configurations, reporting, etc, to execute the recommended changes, 181Page City Council 18 — 28 11/21/2023 -- (r _,-H_. ALIT, !d-1• pn�ir Jan. sa a!g !A .i�hia �rFr3 ,:.m. tl A -II I'll, h1. I, t r.. - PrWrmn Mnlmlllnnl of __.. i fla�uiremenlN .. Planlrsng&PFP �, __ i � OnenEo I nl ' -. � C+Wlr�dr inr lurnjoel i € � FJnvdo 1 on; �i FI `Ineliwrb t �nntracfiny ry � f'lareninrp Pre3se1 gxesJdfre 5latua F:..Mfnys [ifs#Slnnoyulnc"l 1),LC1; - - iJwux canllslmtaatbrsg ' V� °PnY ProCnars i nauf � m % AIla41wr.2r,,ninlltruury R.'rs Full 06pbytho 1L � EI foe u131p4 FO acg1u'n lrl .. _.._ -------`.........._ ALCe%glan[9.. .... ......__.... __.... .... _" ",• L'1ktl011!SLYSq i411'fialh"Wllell rn:+¢n I aI C nl SI 1 PIS' 6 )nvnhwHa;ei ?.d,, TIAGna9 Auaij-� ? solo redasign anrE xu�i of aer. 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References Past and Present Clients Our team has worked across the United States and abroad with utilities in relation to their various AMl initiatives. The map below demonstrates the breadth of our experience and speak to our ability to provide benefits for our clients regardless of their geography or topology. We have over 85 past and current clients exclusively focused on AM[/Smart Grid/Smart Metering and related Technologies. Our recommendations are informed by a detailed review of your utility's service area and unique characteristics, T� -I 1 •i .� -A 4� i�dhFF A4anrlC'1 E * pl J tEfcNfo �q-plw- - F� United States wc-=xrua nphiE�'glxafr u.�, SarFtw?a •,, c.l al+ Fi. <.,x= Mexico Please see the following pages for a list of past and current projects within the last 5 years. The matrix that follows provides an overall nature and scope of our experience in AMi and associated technology. We have worked with multiple utilities across the United States by assisting them during the various stages of advanced metering deployment including: assessment, planning, design, procurement, and implementation. This includes clients with similar environments and requested scope of work to the City, 21 1 Page City Council 18 — 31 11/21/2023 In City Council 18 — 32 11/21/2023 ■ ■ ■ ■ M ❑ 171 ■ 0 ❑ ❑ ■ ❑ ■ ❑ ❑ ■ 0 ❑ ❑ n n 1`1 r'I ri ❑ ❑ n M ❑ Ll ■ ❑ n !7 ❑ 7 n n n ❑ ❑ !J ❑ ❑ ❑ Li LL ❑ L1 ❑ !J LL U LJ _I LJ ❑ ❑ ❑ ❑ ❑ ❑ Q Cl q ❑ ❑ ❑ L7 ❑ ■ ❑ ❑ ❑ ❑ ❑ Q ❑ C7 C] ❑ ❑ ■ ❑ ❑ G ❑ ❑ k © ❑ ❑ q Li ❑ ■ ❑ ❑ ❑ ❑ CJ ■ ■ L7 ❑ Cl 1:7 ❑ ❑ ❑ ■ ❑ ❑ © ❑ ■ Q ❑ ❑ C7 Cl ❑ ❑ m ❑ ❑ ❑ ❑ Q Cl ❑ ❑ ❑ CI ■ ❑ ❑ ❑ ❑ q © ❑ ❑L1 ❑ ❑ Q 0 ❑ ❑ ❑ ❑ ❑I Q ❑ ❑ ❑ Cl ❑ ❑ Q ❑ ❑ q C3 ❑ ❑ # ■ ❑ ❑ N ■ © ❑ Q o a o o p� <E o e 1 � a $ a o o In o o o 0 0 a ID o- ty � � A;J R U ro u N Ry3 t0 SC If! U' U 91 W N N CJ N W Q UJ LrI on fu rn N City Council 18 — 33 11/21/2023 n ❑ ❑ n n ❑ r ❑ ❑ ❑ n a n n ❑ ❑ ❑ n ❑ u ❑ u ❑ u ❑ u ❑ u u Ij u ❑ u ❑ u ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ q ❑ O 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ a ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ L) ❑ ❑ ❑ ❑ ❑ ❑ ❑ Q 0 ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ■ ■ ❑ ❑ q ❑ Q ❑ IM ❑ ■ ■ ■ . ❑ ❑ ■ ■ ■ ■ ■ ■ ■ ❑ ❑ ■ ❑ a CD CD 0 0 0. CD CD N © N O N r�iUO rii M ro txr 1� w w w w a a a z a i a z a z a z 4�y � � a ¢7 54a , a a; City Council 18 — 34 11/21/2023 rl rl F C n n n 7 n m m n t7 C h I 7 n rl n m C u u G u ■ u u u G u u u ❑ u g Lj u ❑ ■ ❑ ❑ U. ❑ ❑ ❑ G ❑ Q ❑ ❑ ❑ ❑ ❑ ❑ Q m ❑ ❑ d ❑ ❑ ❑ ❑ ❑ ■ ■ ■ ❑ ❑ ❑ ❑ ❑ ❑ a ❑ ❑ ❑ c� ❑ ❑ ■ ■ Q t ■ ■ Ca ❑ ❑ ❑ ❑ ■ ❑ Q Q b ❑ C ❑ ■ ■ ❑ ❑ ■ ■ a ❑ ❑ ❑ a ❑ ■ ❑ 71 ❑ G7 ❑ ❑ ❑ ❑ ❑ ❑ Q ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ G o ❑ ❑ Q ■ ! ■ C ■ r ■ ■ ❑ ❑ ❑ C ❑ ■ C I G C g a o c © o � n rr r M N C07O O, � c� M Lrl 7:�C(y. rV G7+ , r .. CV � rr7 LO rn 41 N N , ¢ N V N y N 3 3 w 3 a) a w ` w w m LU w w w w "tuw' L. � Q] ;yh. �7G a S+r V��. '+� �.. 1�j � g?',. � I.. C,., 6 V � ..� 9 M.I v� U ran a.. Ln N City Council 18 — 35 11/21/2023 n n n n n n n u Lj U ii u u u ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ In ❑ ■ ❑ ■ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ■ ❑ ■ ❑ U ■ ❑ ■ ❑ aCD ■ 9 0 � d Q cn Q CN FBI Q 1h Q1. Q7 15 Oi �C+ C G W 0.1 Qt bJ Lu W W W G y W "too ZI jE w tV�.7 yy 41 W A City Council 18 — 36 11/21/2023 Client References AI.AmEDA Alameda Municipal Power, California, 35,000 electric meters MUNICIPALiFOW£R Contact Title Telephone Email Address Bob Orbeta AGM Admin (510) 748-3910 orbeta@alamedamp.com Dates: Oct 2015 - Dec z017 Total Contract Value: $1,260,100 UtiliWorks Consulting, LLC was engaged by Alameda Municipal Power to perform an assessment and business case analysis for consideration in the deployment of an advanced electric metering system. Subsequently, UWC worked with AMP to develop a Request for Proposal (RFP) that was published to solicit proposals for AMI, MDM and a customer web portal. A separate invitation for bid was made available for electric meter instattation services. Upon selection of the AMI, MDM and Customer Portal vendors, UdLfWorks assisted Alameda Municipal Power with contract support services. UWC is guiding AMP as the Program Manager, and providing Business Process, Integration and Public Relations support services currently as it works towards completion of the project. Project Manager: Nicole Griffin Key Lead Technical Roles: Date Pennington, Parvathi Murali, Joe Kelly, Kara Truschet, Joseph Gaspard, Dylan Kelly Vendor(s) Selected: Landis+Gyr (AMI), Harris MeterSense (MDM), Smart Utility Systems (Customer Web Portal), Professional Meters, Inc. (Meter Installation Contractor) Santa Rosa, California, 5.3;000 waiver meters Qant 2i kcvn' Contact Title Telephone Email Address Kimberly Zunino Revenue Manager (707) 543-3960 kzuninoCsrcitv.ore Dates: May 2014 - Jan 2019 Total Contract Value: $925,000 UttliWorks was hired by the City of Santa Rosa to define their water AMI requirements and provide oversight on the development of their AMI RFP and procurement process. UtiliWorks was subsequently engaged to provide contract support services/negotiation with the selected vendors and is currently the Program Manager overseeing the deployment of the selected AMI and Meter Data Management System Project Manager: Nicole Naassan / Bret Vonder Reith Key Lead Technical Roles: Kody Salem, Joe Kelly, Dylan Kelly, Nicole Griffin Vendor(s) selected: Sensus AMI, MeterSense MDMS 27 i Page City Council 18 — 37 11/21/2023 l•. i Roseville, California, 53,000 electric/ 40,000 water meters ROSOiLLE Contact Title Telephone Email Address Matt Nelson Electric Business (916) 774.5618 MNelsonwoseville.ca.us Analyst Dates: Nov 2015 - Present Total Contract Value: $1.7 Million UtiliWorks was selected to provide consulting services in the evaluation of the current smart metering technologies and present an AMI business case, The assessment recommends technologies which are best suited for Roseville's unique environment and identifies the associated business process and operational changes that must occur in order to be successful with moving to AMI. Fallowing the assessment, UWC assisted Roseville in analyzing and evaluating responses to the Advanced Metering Infrastructure (AMI), guiding selection of a successful vendor, and assisting with vendor contract/scope of work negotiations. UWC is currently acting as Program Manager for the City's AMI deployment. Project Manager: Nicole Naassan Key Lead Technical Roles: Tara Turch, Tom Grim, Parvathi Murali, Joe Kelly, Bob Russ, Chase Berenson Vendor(s) selected; Itron np WaterOne, 145,000 water meterser - _ - Walal Di;hlc[ Na 161 jc tsoll Co ly Contact Title Telephone Email Address Brian 5chade Meter Services (913) 895.5750 bschadeCwaterone.org Manager Dates: Jul 2017 - Dec 2019 Total Contract Value: $927,708 UtiliWorks developed technical requirements and an RFP on behalf of WaterOne. The team also developed an implementation strategy to accompany WaterOne's AMI deployment and assisted with evaluation of proposals, contract negotiations, SOW review, and systems acceptance criteria development. UtiliWorks was awarded a contract amendment for Program Management overseeing the POC deployment of the selected AMI and Meter Data Management System plus Business Process Re - engineering, which is currently ongoing. Project Manager: Kara Truschel Key Lead Technical Roles: Tara Turch, Kody Salem, Don Rankin, Jon Mitchell, Joe Kelly Vendor(s) selected: Sensus (AMI), MeterSense (MDM) 281Page City Council 18 — 38 11/21/2023 A, P Buena Park, California, 20,000 water meters P Contact Title Telephone Email Address Michael Grisso Smart Meter Manager (714) 562-3705 rngrisso@buenapark.com Dates: Jun 2014 - Feb 2019 Total Contract Value: $542,000 UtiliWorks was contracted to provide consulting services in the evaluation and application study of the current smart metering technologies and present an AM[ business case to the City of Buena Park, UWC further assisted with and AMI/MDM procurement, including a CIS readiness assessment. UWC led development of the City's DO[ WaterSMART grant application for FY2017 and is engaged as Program Manager for the AM[ deployment for approximately 20,000 water meters. Project Manager: Bret Vonder Reith, Kara Truschel Key Lead Technical Roles: Kody Salem, Joe Kelly, Dylan Kelly, Nicole Naassan Vendor(s) selected: Neptune Technology (AMI), Equarius €t Ferguson WaterWorks, WaterSMART (Customer Portal) Long Beach, California, 100,000Water meters Contact Title Telephone Email Address Chris Garner General Manager (562) 570-2001 chris._garner@longbeach.gov Dates: Nov 2015 , Present Total Contract Value: $1.4 MiLlion UtiliWorks was hired to provide the Long Beach Water Department (LBWD) with professional services to deliver an AMI/MDMS Assessment and Strategic Roadmap, Tasks included: update the AMI/MDM business case; develop related as -is current state operations, communications infrastructure, and IT systems; review, analyze and make recommendations related to LBWD's water conservation programs; and, develop desired data analytics by department. UtiliWorks was awarded the contract to provide AMIIMDMS procurement services and overall Program Management services starting in August 2017. Project Manager; Nicole Naassan Key Lead Technical Roles: Joe Kelly, Don Rankin, Jon Mitchell, Dale Pennington Vendor(s) selected: NIA 29iPage City Council 18 — 39 11/21/2023 S. Fee Proposal Our fee proposal has been submitted separately via the Planet Bids system. 30 4 Page City Council 18 — 40 11/21/2023 9. Appendix Team Resumes Resumes for the core project team are included in the subsequent pages: 311 Page City Council 18 — 41 11/21/2023 Previous Experience Director of Sales It Marketing Edison Automation, Inc. (2003 _2009) Senior Project Engineer - Consoer Townsend Envirodyne Engineers (1999 - 2002) Field Project Engineer HSQ Technology (1996 -- 1999) Shrift Technical Engineer - Westinghouse Savannah River Company (1989-1995) Education and Certifications BS Electrical Engineering Technology Purdue University, 1989 AAS Electrical Technology Purdue University, 1987 A° Level Wastewater Certification State of South Carolina (on 11/27/93) ILI Level Security Clearance US DOE Energy (from 2/90 - 5l95) Specializations; • Team Management • Deployment Planning • Cyber Security Plans • RF Communications • Business Case Assessments • AMI /Smart metering / Smart grid • Control and SCADA Solutions • Acceptance Testing Plans Kody M. Salem Principal Kody Salem is a Principal with UtiliWorks based in Nashville, TN with an extensive background in radio frequency, instrumentation, and controls technologies, including more than 28 years of technical, operations, and management experience providing services and solutions to the utility market space. Kody excels in understanding complex technical systems and effectively communicating their potential to positively impact engineering and operations, to both persons with technical and non -technical backgrounds. He brings these skills to lead his team of consultants, providing the necessary guidance to deliver valuable services for their utility clients' projects and initiatives. Relevant experiences and hacicgr© nd include - Provide executive guidance and support to multidisciplinary team of consultants for water, gas, and electric utility technology programs • Provide technical subject matter expertise for various utility technology initiatives (AMI, MDM, SCADA, IVR, OMS, etc.) 41 Lead vendor solution analysis for AMII MDM procurement efforts on behalf of our clients Conduct AMI vendor request for information(RFI); analyze propagation Studies to Support client AMI infrastructure comparison and planning eff orts • perform education sessions for AMI/MDM and related technologies early on in clients early on in initiative stages to facilitate proper project planning, budgeting, and scheduling Recent Client Projects • Alameda County Water District, CA (Executive sponsor - AMI Pilot Assessment) • Azusa, CA, (Technology Procurement and Vendor Contract Negotiations) • Brownsville Public Utilities Boan TX (Project Manager AMI/MDM Pilot) • Bermuda Electric light Company (SME Outage Management system RFP and vendor selection) • Brownsville Public Utility Board (Business Process Mapping) City of Buena Park, CA (Project Sponsor - AMI Assessment, procurement and Deployment) • Chelan County Public Utility District (Project Sponsor - Strategic Planning) • City of Lawrence, KS (Project Sponsor Et Technology Education - AMI Assessment) • Gallatin Public Utilities (Program Manager AMI/MDM procurement and Deployment) • Long Beach Gas it Oil (Project Sponsor - AMI Assessment / Procurement I Deployment) • Long Beach Water Dept. (Project Sponsor - AMI Assessment / Procurement 1 Deployment) • Loudon Utilities Board (Program Manager AMI/MDM Assessment through Deployment • North Marin Water District, CA (AMI Assessment, Project Sponsor - AMI Pilot) • City of Richland, WA (Project Sponsor - AMI Assessment / Procurement) • City of Santa Rosa, CA (Procurement education and training) • City of Topeka, KS (Project Manager (SCADA Assessment, AMI Grant IVR and CIS RFP, Data Warehouse) • City of Wilson, NC (Project Sponsor -AMI Assessment / Procurement) City Council 18 — 42 11/21/2023 Education and Certifications BS Journalism and Media Studies Rutgers University (May 2009) BS Environmental Science Rutgers University (May 2009) Certified Project Management Professional (PMP) The Project Management Institute (July 2013) Certified Six Sigma Black Belt (January 2015) Certified Social Media Specialist Louisiana State University (March 2013) Completed the Louisiana Water Operator Certification Exam for Level 1 Distribution, Production and Treatment Completed the Louisiana Wastewater Operator Certification Exam for Level 1 Collection and Treatment Nicole Griffin Manager Mrs. Griffin is a Manager for UtiliWorks Consulting, LLC based in Baton Rouge, LA with over & years of direct utility experience. Nicole specializes in project management, stakeholder outreach and education, procurement, assessment/ feasibility studies, UtiliWorks Insight"' administration and data optimization. She supports project activities by performing industry research, preparing documentation and orchestrating meetings for utitity clients. Relevant experiences and background include: • Planning and executing water, gas and electric utility technology programs including but not limited to advanced meter infrastructure (AMI), meter data management systems (MDMS) and customer engagement platforms such as web portals and phone applications • Managing project scopes, schedule, budgets and deliverables, to drive projects to completion achieving favorable outcomes • Developing smart grid/ water/ gas assessments and associated business cases with a clear roadmap to achieve anticipated benefits • Administering UtiliWorks Insight, UtiliWorks' analysis and assessment tool • Drafting request for proposal documents and leading technology procurement efforts • Creating stakeholder outreach and educational programs to increase positive engagement with utility providers • Designing and implementing data management programs to assist utilities in fully maximizing and optimizing the use of their data Project References • Alameda Municipal Power (AMI/ MDM/ Portal Program Management, Procurement, Assessment) • Fort Worth Water Department (Outreach Et Education, Business Process, Assessment) • Bermuda Electric and Light Company (Procurement, Outreach it Education) • Albuquerque Bernalillo County Water Utility Authority (Project Coordination) • Austin Water (Meter Reading Audit) • Barbados Light Ft Power Company (AMI/ MDM Procurement) • Grand Bahama Power Company (AMI/ MDM Procurement) • Brownsville Public Utility Board (Project Coordination) • Chelan County Public Utility District (Outreach Et Education, UtiliWorks Insight) • City of Arlington (Grant Writing) • City of Galena Park (Grant Writing) • City of Richland (AM] Assessment, UtiliWorks Insight) • City of Ruston (Project Management, Outreach i§ Education, Grant Reporting) • Monroe Water Department (AMI Project Management) • Utility Consumers' Action Network (PUC Testimony) • City of Topeka (Grant Writing, Project Coordination) • City of Wilson (Project Management, UtiliWorks Insight) • City of Winnipeg (UtiliWorks Insight, AMI Business Case) • Long Island Power Authority (Renewables Research) • Long Beach Gas and Oil (Outreach Et Education) • Long Beach Water (UtiliWorks Insight) • Vineyard Energy Project (Grant Reporting) • Village of Freeport (AMI/ MOM RFP) • City of San Marcos (UtiliWorks Insight, AMI Roadmap) • North Marin Water District (Outreach Et Education) • City of Santa Rosa (Outreach a Education) City Council 18 — 43 11/21/2023 Education and Certifications BA Political Science Claremont McKenna College (May 1980) BA Economics Claremont McKenna College (May 1980) Certified Project Management Professional (PMP) The Project Management Institute (May 2014) Certified Novell Engineer (CNE) (April 1995) Completed Oracle Certification: • 8i Architecture and Administration (May 2002) • SQL and PL/SQL (April 2002) Bret Vonder Reith Senior ,associate Mr. Vonder Reith brings over 25 years of project management, information systems development and application integration experience for a variety of industries to include Utility customers. Bret's background includes over 20 years as an Information Technology data integration specialist and consultant. Bret is a proven leader, successful at leading complex projects and achieving organizational goals and objectives. Bret is a certified Project Management Professional (PMP) with the Project Management Institute. Relevant experiences and background include, • Planning and executing water and electric utility AM] implementation plans including but not limited to advanced meter infrastructure (AMI), meter data management systems (MDMS) and customer engagement platforms such as web portals and phone applications • Managing project scopes, schedule, budgets and deliverables to drive projects to completion achieving favorable outcomes • ERP Systems Integration • Developing water utility assessments and associated business cases with a clear roadmap to achieve anticipated benefits • Administering UtiliWorks Insight, UtiliWorks' analysis and assessment tool • Drafting request for proposal documents and leading technology procurement efforts • Designing and implementing data management programs to assist utilities in fully maximizing and optimizing the use of their data Project References • North Marin Water District (Project Manager) • City of Santa Rosa (Systems Integration SME) • Chelan County Public Utility District (Business Case Analyst) • City of Buena Park (Project Manager) • City of Oceanside (Project Manager) • City of Riverside (Project Manager) City Council 18 — 44 11/21/2023 Education and Certifications BS Business Administration Cal Polytechnic University Pomona (May 1985) Joe Kelly Deployment hh nager/Meter SME Mr. Kelly provides deployment management and metering subject matter expertise for UtiliWorks, Joe has 18 years' experience in the AMI/AMR field, eight of those years as the owner of a meter installation company. In addition to deployment oversight, Joe provides expertise in metering and network communications. Relevant experiences and background include: • Planning and executing water, gas and electric utility technology programs e Managing installation contractors in meter deployments, oversight of meter inventory and project schedules and contractor performance • Provide network feasibility surveys prior to network deployment • Assists with smart grid/ water/ gas assessments and associated business cases with a clear roadmap to achieve anticipated benefits • Design and construction of meter test benches for use in Alpha phase deployments • Creating scopes of work and oversight for pre-dep€oyment meter surveys • Augments utility staffing with AW system administration during and after deployment Project References • Alameda Municipal Power (Procurement, Alpha/Beta/Fu€l deployment oversight of LEG AM[ network) Long Beach Gas and Oil (Full deployment oversight of Sensus AMI network) • North Marin Water District (Procurement and metering SME for Neptune AMI network) • Santa Rosa Water {Procurement, Meter SME, Alpha/Beta/Full Deployment oversight of Sensus AMI network) • Loudon Utilities (Procurement, test bench construction, Alpha/Beta/Full Deployment oversight) • City of Mesa (Procurement, Full deployment oversight) • Sewerage and Water Board of New Orleans (Pre -deployment meter/ meter box survey oversight) • City of Winston-Salem (Pre -deployment meter box survey) • Buena Park Water (Procurement, Full deployment oversight) • City of Roseville (Procurement, meter SME, Alpha/Beta/Full Deployment oversight) City Council 18 — 45 11/21/2023 Education and Certifications BS Electrical Engineering Kansas State University (1986) Don Rankin Senior Associa.Le Mr. Rankin is an Electrical Engineer and experienced utility manager with 19 years leading Water, Wastewater and Stormwater Utility Operation and Maintenance, Capital Programs and Customer Service Operations. He is an innovative big picture thinker with strong analytical reporting skills. He developed utility business plans for reduced costs, improved services, and sustainable asset replacement that was tied to financial capacity. Relevant experiences and background include: • Serving as a water subject matter expert for multiple advanced meter infrastructure (AMI) assessments • Planning and executing technology programs related to AM] and meter data management systems (MOMS) that meet water utility goals and objectives • Matching advanced reporting capability to meet utility goals and objectives, while preparing analytical reports for AMI related projects for water and electric utilities • Developing and accessing responses to request for proposal (RFP) documents and technology procurement efforts especially in analytical reporting and business intelligence • Producing utility billing system data visualization reporting tools to facilitate on -demand charts and graphs of utility customer billing information • Creating utility billing data discovery and audit tools for utility revenue enhancement • Successfully obtaining modest multi -year utility rate increases • Establishing project tracking tools for complex, multi -discipline, multi - project tracking • Developing wastewater combined sewer overflow plan that minimizes regulatory exposure • Successfully addressing community red water issues resulting in drastic reductions of customer complaints • Creating an asset management strategy for complete fife cycle planning of water, wastewater, storm water and levee utility infrastructure • Directing major rehabilitations of water and wastewater plants Project References • Winston Salem, NC (Water Business Intelligence Reporting) • Long Beach Water Department, CA (Water AMI Assessment, Business Intelligence Reporting) • Long Beach Gas Ft Oil Department, CA (Developing cost allocation model to access charges to multiple AMI / MDMS users) • Alameda County Water District, CA (AMI Assessment and Evaluation of existing AM[) • Chelan County Public Utility District, WA (Assessment Evaluation) • WaterOne, KS (Water RFP Development and Vendor Assessment) • Mesa, AZ (Water, Gas, Electric AMI Assessment) • Palo Alto Utilities Department, CA (Water, Gas, Electric AMI Assessment) • Oceanside Water Utilities Department, CA (Water AMI Assessment) • New Orleans Sewerage and Water Board, LA (Water system Assessment) • Fort Worth Water Department (Business Processes Assessment) City Council 18 — 46 11/21/2023 Previous Experience Associate Technical Consultant Red Clay Consulting (2014 - 2016) Assistant System Engineer TATA Consultancy Services (2012 - 2013) Education and Certifications Master of Science in Computer Information Systems - Georgia State University, 2014 Bachelor of Technology in Computer Science Engineering - SRM University, 2012 Microsoft Certified IT Professional (MCITP), Aug 2011 Oracle Utilities Meter Data Management 2 Pre -Sales Et Sales Specialist, July 2014 Oracle Utilities Analytics Pre -Sales It Sales Specialist, Sep 2015 Oracle Utilities Meter Data Management 2 Support Specialist, Oct 2015 Specializations: • Advanced Metering Infrastructure (AMI) Administrator • Billing QA/QC and Delinquent Account Investigations • System Integration • Meter Data Management System (MDMS) SME • Customer Information Systems (CIS) • Software Acceptance testing End -User Training • Business Case Assessments • AM] /Smart metering i Smart grid • Business Intelligence and Anatytics • Business Process Improvement Parvathi Murali Associate Parvathi Murati is an Associate with UtitiWorks based in Vancouver, Canada with a background in software implementation, business intelligence, data analysis and project management. Ms. Murati has more than 6 years of technical experience wi both custom software applications and out -of -the -box implementations. She has contributed to projects and business development activities for clients across the energy and utility sector. She has in depth knowledge to understand complex systems and skills to effectively communicate business potential to persons with technical expertise, partner -level executives, and end users. Relevant experiences and background include: • Advanced Metering infrastructure (AMI) Administrator - Review, monitor and maintain systems as part of post -production support, • Perform End User Acceptance testing on Meter Data Management Systems (MDMS), AMI Head End System(HES), Customer Portal, etc, for the client. • End to end billing tests (meter -to -cash process) and validation. • Billing QA/QC it Delinquent Account Investigation. • Supervise team of billing and collections investigators for QA/QC and investigation of delinquent accounts. • MDMS RFP and Procurement, MDMS SME and Technical Integration SME. • Business Process Improvements. • CIS compatibility analysis, AMI roadmap assessments, financial and business modelling, strategic utility consulting. Recent Client Projects • Alameda Municipal Power, CA (AMI Administrator, MDMS SME, Technical Integration SME) • Municipal Light It Power, Alaska (SME for Meter Data Management system RFP and vendor selection) • City of Topeka, KS (SME Meter Data Management system RFP and vendor selection) • Santa Rosa, Water, CA (Business Process Improvement and MDMS SME) • Long Beach Gas It Oil, CA (MDMS SME, MDMS System Audit) • City of Roseville, CA (MDMS SME, Technical Integration SME) • Winston Salem - Forsyth County Water @ Sewer Utility, NC (CIS system compatibility report, MDMS SME, Technical Integration SME) • Sewerage fk Water Board of New Orleans, LA (Supervisor - Billing QA/QC Et Delinquent Accounts) • Fort Worth Water Department, TX (Business Process Improvement and MDMS SME) • Loudon Public Utilities Board, TN (MDMS SME, Technical Integration SME) • Chelan Public Utilities Department, WA (AMI Recommendations report, AMI Procurement, MDMS Evaluation) • City of San Marcos, TX (AMI Assessment and Roadmap) • Riverside Public Utilities, CA (SME for Meter Data Management system RFP and vendor selection, Technical Integration SME) City Council 18 — 47 11/21/2023 Executed Forms Additionally, the following forms, included In ATTACHMENT 3: CERTIFICATIONS from the RFP, are signed and included in the subsequent pages as part of the proposal submittal package: • Nan -Collusion Affidavit • Non -Lobbying Certification • Non -Discrimination Certification 38 ! Page City Council 18 — 48 11/21/2023 NON -COLLUSION AFFIDAVIT jitl4 23 (Jrtited States Coda Section 112 and Public Contract Codc Section 7106) hl confbrinance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BtDDrR declares that the bid is not made in. the interest of, or on behalf of, any undisclosed person. partnership, company, association, organization, or corporation; tha( the bid i5 "Ciuine and not C011USIVC or Shaill; that the BIDDER has not directly or indirectly induced or solicited any ether BIDDER to put in a false or sharer bid, and has not directly or indirectly colluded, conspired, connived, or agreed with nny 8IDDER or anyone else to JAIL in a shun bid, or that €rnyonc shall refrain from bidding; that the. BIDDER has not in any manner, directly or indirectly, soubht by agreement, cornrrlufrication, or conference with anyone to Cx the bid price of the l3IDDLR or any other BIDDER. or to fix any overhead, profit, or cost element of the bid price, or orthat of any other BIDDER. or to secure tiny advantage against the public Body awarding the contract of anyone interested in the proposed contract; th,rt all statements container) in the bid are true; and, furtlier, that the BIDDE,rt 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 CFfectuatc it collusive or sham bid. Note: The above Non -collusion AFFdavit is part of the Proposal. BIDDERS are cautioned that making a raise certification may subject the certifier to criminal prosecution. ginned State of'C-fl,la4411.41 ©ulSlan0, Subscribed and sworn to (or affirmed), .before me on this ,� day of d 20L9,..by �01t_ ArjCj��, proved to tie on the basis of satisfactory evidence to be the person(s) who appeared before me 4gU& C&) No ary I'ulie Signature. Notary Public Seed City of Santa Ana RFP 18-064 Page 31 City Council 18 — 49 11/21/2023 NON-I,OIIBYING ('ERI'IFICA'I'ION The prospective participant certifies, by sioning and submitting this bid or proposal, to the best of his or her knowledge and belief, that: ( l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersiwmed, to lily Pei -soil for influencing or attctttptirtg to influence an officer or employee of any Federal agency, a Member of Congress, all officer or employee of Congress, or an employee of as Moinber of Congress in connection with the awarding of any Federal contract, the tnalcing of any Federal grant, tfte making of any Federal loan, the entering into of any cooperative agreement, and Elie extension, continuation, renewal, atmendnient, or modification ofany Federal contract, grant, loan, or cooperative agreeinetat. (2) 1f any fiends other than Federal. appropriated funds have been paid or will be paid to ally person for influencing or attempting to iitfILMIce an Officer or employee of any Federal agency, a Member of Congress, an ol'11cer or employee: of Congress, or an cinployee of it Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, tine undersigned shall cornplete and submit Standard Form-U,L, "Disclosure of Lobbying Activities," in conformance with Its instructions. This certification is a material representation of fact Upon which reliance was placed when this transaction wads made Or entered into. Submission of this certification k a prerequisite for making or entering into this traansactiott imposed by Section 1352, "rifle :il, t).5. Cade. Any person who fails to isle the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each shalt failure, The prospective patrticipattzt also agrees by submilling his or her bid or proposal that he or she: shall require that tine language of this Certification be included in all lower tier subcontracts, which exceed ,$100,000 and that all such subrecipients shall certify and disclose accordingly, / � a '---- `title: Date, t City of Santa Ana RFP 18-064 Page 32 City Council 18 — 50 11/21/2023 No r-n c kT Cr ]P C TrOLT `1'he undersig11cd Consultant or corporate off iccr, during the performance of this contratt, certil°ies as follows.. 1, The Consultant shall not discriminate Against any C111ployee nr applicant i'c)r e€xllaloynrcrrt bocause of race, color, religion, sex, or national origin. The Consultant shall tare aftirmativc action to € murc drat €tpplic�lrrts are employed, rind (fiat employees are trotited dtrriilg emlaloyMent wi.tllout, 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; recruilment or recruitment advertising; layoff w tormination; rates of pay or other forms of componsation, and selection for training, including appmnticcshlp, The Consultant agrees to post ill corlspicuot€s prices, available to employees and applicants for employme€lt, 110tices to be provided setting forth the provisions of this nondiscrimination clause, 2. The Cocas€zltarrt shall, in all solicitations or advertisements Eor employees placed by or on behalf` of the Consultant, state~ that all guulif"Led applicants will receive consideration for wtl.ployrnent A1thout regard to race, color, religion, sex, or witioml (frigid, 3. The CotrsuNrnt shall Need to each [abor Milan or represLiltadyi ()r workers with which helsire Ijtas rt cc]lective bargaining agreement or other contraGt ar° rrndsrstanding, a r€+stice to be provided advising the said labor union or workers' repmsewadves Of (lie Co€imiltaaCs commitments under this section, and shall post copies of the rlatiaa in eonspi(m rtis places available to employees and appl.icatits for employmem, 4, The Consultant shall comply with all provisions of rINecutive Order 11246 or Septet bor 24, 1965, and of the rules, regulMions, and relevant Orders of the Secretary of Labor. 5, The Consultant shrill furnish ail inforerrrrtirm and reports rogttirod by 12xwutive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of labor, nr prlrst€ant thereto, a12d will permit aecess to leis/her bodes, records, and accounts by the rrdmirliateri€rg agency and the Secretary uC Gabor For purposes oFinvest'igaflon, to €rscerinirr Q0111Pii4€10c with such rkiles, rqularions, and ordem 6, I.A. the went: Of the CO1.1$01tant's ncM-Compliance with L11e nondiscritill nation cla,l,€.;PCs of this Contract or with any of the said rules,, regulations, or orders, the contract inay be canceled, tereninWcd, Or suslYerldod in whole or hi part and the r~OULrltrrM play be declrtred irie.iigibIc for furtllcl- Government contracts or federally assistt:d construction cont€'ach in amordanc with pt-medure5 authCri`zed in Exwition Order 11246- of September 24, 1965, rend suah other sanctions may be imposed and remedies .invoked as provided in Executive Order 11246 of Septerr€her 24, 1965, or by rule, regulations, or order of the Socretary of Labor, or as otherwise provided by Im, 7. The Consultant shall include the portion of the sentcrace immediately preceding paragraph (1) and the Provisions of paragraphs (1) through (7) in every subcontract. or purchase order ernless exernpted by rules, rogrllai'inrrs, (w order's of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 2.4, 1965, $o that such provisions will be binding upon each subcontma or purchase order as the administering agency may direct as ineans of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the ColISrrltant becomes involved in, or is threatened With, litigeltiarl with a subcOrrsr.rltant or vendor as a result of such direction by the administering agency, the Consultant may request that the Utlitecl States enter into such litigation to protect the interests ofthe United States. S, Pursuant to Crllifar-rlit Labor Cock: Section 1735, as addod by Chapter 643 Stets. 1939, and as amended, no City of Santa Ana RFP 18-054 Paget 33 City Council 18 — 51 11/21/2023 discrimination s11a11 be made in the cnjpiny€1jent of persons apart public works because OF race, religiot€s creed, color, national origin, ancestry, physical handicaps, mental Condition, €11a1-ital status, or, sex ol'strclI persons, except as provided in Section 1420. and any corlsttltatit of ptthlic Svc),-.s violating this Section is subjCd to all the pe€ialties imposeel�fol-a vialatiort ot'the C Mapper. Title: CA ,Zf', !'� Dater City of Santa Ana RFP 18-064 Page 34 City Council 18 — 52 11/21/2023 Deliver to: City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92702-1964 Ofifify Consul,. , City Council 18-53 11/21/2023 Purpose........................................... F.......................................................... 3 Assumptions................................................................................................. 3 Task 1- Deployment Program Management - Proof of Concept, . - . ...... _ ......................... 4 Task1.1 - AMI Program Kickoff........................................................................ 4 Task 1.2 - Proof of Concept Planning................................................................. 4 Task 1.3 - Oversee/Support Proof of Concept Deployment ........................................ 5 Task 1.4 - Oversee/Support System(s) Training ..................................................... 6 Task 1.5 - Oversee/Support System(s) Testing ...................................................... 6 Task 1.6 - Oversee Systems Integration.............................................................. 7 Task2- Business Process Re-Engineering................................................................ 7 Task2.1 - Current State................................................................................ 8 Task2.2 - Conceptual Future State (#1)............................................................. 8 Task 2.3 - As -Built Future State(#2).................................................................. 9 Task 2.4 - Business Process Audit.................................................................... 10 Task 3- Communications Campaign....................................................................10 Task 3.1 - Communications Campaign Planning.. ..................................................10 Task 3.2 - Organizational Awareness................................................................11 Task3.3 - Customer Communications...............................................................11 Task 4- Full Deployment Quality Assurance and Quality Control ,, ..... I .... I.....................11 Task 4.1 - Oversee and Support Full Deployment..................................................11 Task 5 - Business Intelligence and Reporting..........................................................1.3 Task 5.1 Discovery and Use Case Identification..................................................14 Task5.2 - Use Case Design............................................................................14 Task 5.3 - Recommendations Report.................................................................15 The City of Santa Ana Page 12 City Council 18 — 54 11/21/2023 Advanced Metering Infrastructure Program Planning and Implementation Phase 2 Scope of Work The installation of Advanced Metering Infrastructure (AMI)/ Meter Data Management System (MDMS) equipment/software(s) invotves multiple vendors with several moving parts. UtiliWorks has the program management expertise to manage these variables. By combining our team's wealth of industry knowledge, Project Management Institute (PMI) approach, and a hands-on approach, we will reduce the City of Santa Ana's (Santa Ana's) overall program risk white ensuring successful outcomes. As we recommend to all our clients deploying an AMI system, the scope of services below is designed around a proven phased approach. Our approach is designed for what is best for our clients. We work on your behalf, "as an extension of your staff," ensuring your interests are the primary focus throughout the effort. Our goal is to deliver Santa Ana the best quality AMI project on time and on budget. Purpose This Statement of Work (SOW) is to document the services UtiliWorks Consulting, LLC. ("UtiliWorks") will provide the City of Santa Ana ("City" or "Santa Ana") for implementation activities associated with an AMI program which is inclusive of the advanced metering infrastructure and meter data management system projects. The following scope outlines eight (8) tasks, three (3) of which are included as optional: 1. Proof of Concept (POC) Program Management 2. Business Process Re -Engineering 3. Communications Campaign 4. Full Deployment Quality Assurance and Quality Control 5. Business Intelligence and Reporting b. Benefits Verification (OPTIONAL) i. UtiliWorks Insight (OPTIONAL) 8. AMI System Administration Staff Augmentation (OPTIONAL) Assumptions • Santa Ana will assign a Project Manager to participate in regularly scheduled status calls with the Uti[iWorks Project Manager to review open issues and remove barriers to progress. • The City will designate the necessary Subject Matter Experts (SMEs) from all functional teams to actively participate throughout the ten phases of the project. • The City wit[ have reasonable responsiveness to data requests, document or detiverables review and meeting requests. • Work wit[ be performed by UtiliWorks resources either on -site or off -site in the completion of SOW deliverab[es. • During onsite sessions, The City will provide meeting space, teleconference line, projector, and guest internet connection for meetings. • The City will be responsible for all terms and conditions outlined in the final agreement with vendor(s). UtiliWorks will provide input on certain terms and conditions as it relates to the materials and deployment. The City of Santa Ana Page 13 City Council 18 — 55 11/21/2023 The City will contract as necessary with applicable billing system vendor or third party for purposes of integration design and development with the AMI/MDMS systems. The billing/ CIS vendor or integrator will participate in reoccurring meetings and/or status calls as needed, Task 1- Deployment Program Management - Proof of Concept UtiliWorks will provide implementation management oversight and subject matter expertise to support deployment of the City's AMI Project. The project will have two primary phases: A Proof of Concept (POC) Phase and Full Deployment Phase. Specific tasks and deliverables associated with the POC are outlined below. Task 1.1 - AMI Program Kickoff Prior to project kickoff, UtiliWorks will work with the City and the selected vendor(s) to develop and execute the project charter that will outline project governance and communicate the high-level project implementation approach and the responsibilities of all project participants. UtiliWorks will work with Santa Ana and the selected vendor(s) to develop a comprehensive Project Execution Plan (PEP). The purpose of the PEP is to provide a set of guiding principles regarding philosophy, judgments and actions to be taken over the course of the project. The PEP will outline the methods used for project controls related to: Quality Control, Risk/Issue/Change Management, and Communications. In conjunction with the development of the PEP, an integrated, milestone driven Microsoft project schedule will be developed to include work by all vendors for the Proof of Concept and Full Deployment phases, UtiliWorks will facilitate an on -site kickoff meeting with all Santa Ana and vendor stakeholders to initiate the project and review the project scope, timeline, communications plan and housekeeping items. Assumptions: Development of the integrated project schedule is dependent upon the receipt of each vendor specific proposed project schedule Deliverables: Project Charter (*.doc), Onsite Project Kickoff, Project Execution Plan (*.doc), Integrated Microsoft Project Schedule (*.mpp) Task 1.2 - Proof of Concept Planning The intent of the POC phase is to demonstrate full system functionality through a limited deployment. The POC will establish the necessary foundation and maximize the learning and training of the back -office processes that will benefit the utility in a large-scale roll -out, The POC itself is further divided into two phases - Alpha and Beta. UtiliWorks will conduct a series of meetings with City staff and vendor(s) to define and document how the POC will be designed and deployed. The plan will include the following at a minimum: equipment acquisition; required materials; expected services including testing and training; and, entrance/exit/acceptance criteria for the Alpha and Beta phase of the POC. This plan is a living document that will be updated and refined over the course of the POC. Deliverables: Proof of Concept Implementation Plan (*.doc) The City of Santa Ana Page 14 City Council 18 — 56 11/21/2023 Task 1.3 Oversee/Support Proof of Concept Deployment UtiliWorks will work with the City's project team, the vendor(s), and the designated systems integrator to execute the POC Implementation Plan, provide overall Project Management oversight and subject matter expertise, As is often the case during any large project, activities, tasks and timing may shift from the original plan. UtiliWorks will work with the project team to capture changes and adjust the plan accordingly. Throughout the POC, UtiliWorks will involve SMEs as required to support the numerous activities to be undertaken during this phase. Project Management activities to support the POC phase will include: maintaining the overall project schedule; work with all project participants to monitor progress and adjust the work plan as needed to stay on schedule; facilitate regular project progress and other meetings; create project status reports as required with input from the City; work with the City to monitor the scope of work of each vendor; identify, report, and track open action items, project issues and risks, potential change orders, and project budget. Specifics pertaining to the oversight and support of both the Alpha and Beta phase are discussed in more detail in the following sub tasks. Task 1.3a - Oversee/Support Alpha POC Deployment The intent of the Alpha POC phase is to begin building the AMI telecommunications network, equip a select/limited number and type of meters with the necessary communication devices in a controlled environment, configure and deploy all application software, and start the development of all the necessary interfaces, Activities to include, but not limited to: • Coordinate with the City and the vendor(s) to identify the Alpha POC environment (i.e,, meter shop/test bench) • Coordinate with the City and the vendor(s) to schedule the necessary vendor discovery sessions that will inform business requirements and system configuration • SME review of all vendor business requirements and sys rOnn configuration documentation • Coordinate the AMI and MDMS software installation and/or configuration • Coordinate with the City and vendor(s) to set up the secure communications with the respective data center(s) as applicable • Coordinate the acquisition of equipment Assist with Alpha phase testing, defect tracking and troubleshooting Task 1.3b - Oversee/Support Beta POC Deployment Upon the acceptance of the Alpha phase by the City, the project will move into the Beta Phase. During the Beta phase, additional systems functionality is added and tested in manageable stages as more detailed, role -based training is provided to the user community. In parallel to development, testing and training activity, Santa Ana will be in the process of mapping the new business processes (see Task 2) that will be adopted at the end of the Beta phase to support a seamless rollout during Full Deployment and beyond. Activities to include, but not limited to; • Coordinate the establishment of the Beta POC meters and location • Coordinate the acquisition of equipment/materials • Coordinate the identification, design, development, testing, and deployment of each respective system integration • Oversee and support the Beta meter/equipment deployment • Assist with Beta phase user acceptance testing, defect tracking and troubleshooting • Assist with the development of the AMI billing cutover plan ("test" to "production") The City of Santa Ana Page i 5 City Council 18 — 57 11/21/2023 Task 1,4 - Oversee/Support System(s) Training Effective and timely training for Santa Ana personnel is critical to success of the project. UtiliWorks will coordinate the timing and delivery of on -site vendor training during the POC in accordance with overall project schedule and coordinate with the City regarding the availability, suitability and readiness of a training environment and participants, It is expected that some level of system training will occur during the Alpha POC for the core project team members that will serve as Alpha testers. At a minimum, this would include training for handheld or meter installation software/hardware and basic headend system navigation. More in depth, role -based user training is expected to occur during the Beta PQC. This will reinforce the team}s knowledge and ownership of the newly deployed system and provide an opportunity to dive deeper into training topics. UtiliWorks will review each vendor's training plan submittal for completeness including: course descriptions; course agenda; equipment/system requirements; participants; and, proposed timing. UtiliWorks may recommend additional training and other forms of end user training to supplement vendor training, UtiliWorks will work with each respective vendor and the Santa Ana Project Manager to coordinate each training session and align the training plan with a proposed training schedule over the course of each phase of the project. Assumption : UtiliWorks SiUlks will participate on -site in vendor training activities. Task 14 will be conducted in phases aligned with the integrated project schedule, Key milestones included in this task are: Alpha Phase training complete, Beta Phase truining complete, Full Deployment Troiningg complete (if required). Task 1.5 - Oversee/Support System(s) resting Critical to evaluating the success of the AMI POC and whether Santa Ana objectives are met is the plan and methodology for testing the installed solution. At a high level, testing is expected to include: Vendor -led Functional Testing - Vendor conducted software testing to ensure agreed upon configuration of system(s) is delivered and working to specifications prior to the start of any City -led user testing Alpha Phase Acceptance Testing - City -led interim phase testing to confirm read accuracy, alert functionality, AMI system two-way communications, and other exit criteria as outlined in the POC implementation Plan. Beta Phase User Acceptance Testing (UAT) - City -led "real world" testing that validates that the delivered system can support daily business and user requirements, Full end - to -end testing will include: systems functionality; automated systems integration/data transfer; register and interval read accuracy; new and redesigned business processes, and other exit criteria as outlined in the POC Implementation Plan. UtiliWorks will review each vendor's test plan submittal for completeness and advise the City on any proposed changes or additions. Upon delivery of the final vendor test plans, UtiliWorks will develop a single integrated test plan that will outline at a minimum: roles and responsibilities; testing procedures; and, entrance/exit/acceptance criteria as defined in the POC Implementation Plan. UtiliWorks wilt also oversee and support testing efforts during the POC, Specifically, UtiliWorks will: The City of Santa Ana Page 1 b City Council 18 — 58 11/21/2023 • Review and provide feedback on vendor and utility test cases for each phase to identify potential gaps and supplement accordingly • Aggregate test cases provided by each vendor and the City for each phase • Coordinate scheduling and execution of the testing by each vendor and the City • Provide onsite testing oversight and support of the test team • Establish an issue/defect tracking system, monitor defects/problems reported by the test team, facilitate assignment of problems for resolution, and ensure retest by the test team Assumptions: UtiliWorks will oversee Utility personnel onsite during testing and can, but will not be required to, perform some testing with the City's permission and appropriate access to systems, UtiliWarks will not build out detailed test scripts but will support the City in their efforts. Deliverables: Integrated Test Plan (*.doc), Supplemental Test Cases (*.xls), Issue/Defect tracking system (Share Point) Task 1.6 - oversee Systems Integration UtiliWorks will coordinate and oversee the systems integration effort that will occur during the POC phase. The intent is to have the pre -identified systems interfaces designed, developed, tested and automated prior to full deployment start. UtiliWorks will lead a kickoff integration workshop with Santa Ana staff and the designated vendor(s) personnel to identify and confirm the security requirements and network architecture; systems -specific integration methodology; and begin the discussion on file layouts and interface requirements. Following the kickoff, UtiliWorks will lead weekly technical review meetings with all designated personnel internal and external to Santa Ana to monitor progress and identify roadblocks to systems integration activities. Assumptions; Designated SME's from Santa Ana, each Vendor, and any third -party integrator will Participate in the workshop(s) and the weekly status meeting Deliverables: Nigh -level systems integration diagram (*.vsd), Weekly meeting notes and integration activities trackers) Task 2- Business Process lie -Engineering UtiliWorks will engage Santa Ana in a series of workshops, designed to guide the Utility through changes to internal business processes as part of an AMi Deployment. To achieve the anticipated benefits of the systems, the City will need to adopt new processes. Vendors will often skim over recommendations detailing changes specific to business processes. UtiliWorks will utilize the background information on the City, including goals and objectives, to help drive discussion around operational changes that are the successful foundation for a Business Process Re - engineering (BPR) effort. This effort is also an important step for Change Management, since a wide -range of employees and staff will be involved in BPR activities. In fact, this is an opportune time to get employees Involved on the "ground -level." Many of the changes recognized during BPR workshops are the direct result of new technology and systems that will fundamentally change the way the Utility operates. As part of the BPR effort, the UtiliWorks team will work to identify redundancies in The City of Santa Ana page 1 7 City Council 18 — 59 11/21/2023 business processes as well as uncover potential for streamlining processes, which includes changes that will occur with the implementation of AMi and associated technologies. Mohllixatian & Future State #1 Workshop / User Acceptance Current State Workshop Reporting &Analytics Development Future State h2 Workshop Testing(UAT) Proof of Concept / Systems Integration f i lure .1 - Gerterul 'Thn,,iinC for 131-'W Activities. Task 2.1 - Current State Aud€t(s) By defining and documenting current business processes, UtiliWorks gains a clear understanding of the operational and organizational characteristics of each business process to inform how to re -engineer them to work with the AMI system and associated technologies. UtiliWorks begins with a workshop to gain understanding of how Utility operations currently function. The team will work with the City to document current state business processes as part of a cross - functional workshop, which includes a designated session for each business process. Supporting materials and demonstration of systems may be incorporated into the workshop agenda. (For example, walk through billing exception reporting in CIS). UtiliWorks will work with the project team to designate a process owner for each area that will lead the change effort internally and be responsible for internal review check points during BPR development. Wherever possible, UtiliWorks will capture process metrics to establish a baseline for current state process .analysis. This will aid the City in developing Key Performance Indicators (KPIs) to ensure desired program goats are attained. The five core business processes that are directly impacted by the deployment of AMI include. - Meter Change-Out/Retrofit • Billing Et Read Validation • Customer Inquiry and Response • Non -Pay Disconnect IReconnect • Move In/Out Assumptions: The City will identify pertinent team members that are most appropriate to participate in discussion of process change, along with other key personnel for participation in each workshop Deliverables: Narrative of each process (*.ppt), Finalized current state process diagrams (*.vsd) Task 2.2 - Conceptual Future State (#1) The Future State #1 workshop is the second of three onsite business process workshops that are planned for the development of the final business processes. This review of each business process will focus on the development of the future state, building upon what was developed The City of Santa Ana Page i 8 City Council 18 — 60 11/21/2023 in current state, and utilizing the new business applications (MDMS system, AMI headend, AMI Infrastructure and AMI Meters as applicable) and the interfaces that will be deployed (AMC/MDMS, MDMS/CIS, etc.). This workshop is typically held during Alpha phase, prior to vendor training and systems configuration in order to help prepare the City to address open items with the vendors. This workshop should coincide with the Reporting it Business intelligence Strategy if that work is also in scope. The Future State #1 processes include - Meter Change-Out/Retrofit • Billing a Interval Read Validation (includes VEE) • Customer Inquiry and Response • Non -Pay Disconnect/Reconnect • Move In/Out • Events Et Reports (Data QA Matrix) + Mass Meter Changeout (Deployment) The new process area, Events it Reports, will address the advanced (non -billing related) functions enabled by the AMI/MDMS systems. This additional business process area will help the City define the operational impacts that result from AMi/MDMS implementation, UtiliWorks covers this area through creation of a Data QA Matrix during this task. The matrix identifies process owners, priorities, and the schedule for reviewing various system reports, alarms and events. The new process area, Mass Meter Changeout, will address the process for mass meter exchange during Full Deployment, with a focus on the Santa Ana's roles and responsibilities rather than the installation team's procedures. This process will include how to handle any utility - installations, return -to -utility situations, and data exchanges with a work order management system. It is imperative this process be included in the future state design in order to get the City ready to transition to Full Deployment from POC. The discussion for the Mass Meter Changeout session will revolve around data and information flows, inventory control, route sequencing and deployment preparations. Deliverables; Narrative of each process (*.ppt), Decisions and opera /terns from workshop, First pass future state process diagrams {*.vsd), Draft Events & Reports Dater QA Matrix. Task 2.3 - As -Built Future State (#2) The Future State #2 workshop is the third of three onsite business process workshops that are planned for the finalization of the business process flow diagrams and training materials. This final workshop will focus on addressing open items from earlier workshops, refining City staff decisions regarding, and incorporating any new information following vendor training and configuration of systems, This iteration serves to bring the process diagrams and supporting materials to a final state that can be utilized for future internal training activity. This workshop will include time for demonstration of active (test or production) systems related to core business processes. The City of Santa Ana Page 19 City Council 18 — 61 11/21/2023 The Future State #2 workshop typically follows all training during POC in order to incorporate final changes into future state design. The Future State #2 processes include: • Meter Change-Out/Retrofit • Billing Ft Read Validation (includes VEE) • Customer Inquiry and Response • Non -Pay Disconnect/Reconnect • Move In/Out • Events Ft Reports (Data QA Matrix) • Mass Meter Changeout (Deployment) Deliverobles: PowerPoint training slides incorporating ail business process decisions and workshop updates (*. ppt), Final future state process diograms (*.vsd), Final Events & Reports Dato QA Matrix. Task 2,4 - Business Process Audit UtiliWorks will review and audit the core business processes with City staff to determine how well the processes are working in the live environment. The audit will also identify what, if any, adjustments are needed and provide insight into individual users' performance. UtiliWorks will develop web forms to be used as test scripts to track each process audit. These scripts are based on the final business process documentation and will be used by lltiliWorks to follow along with each process step as they are performed by City staff onsite in a one on one format. lltiliWorks will present summary findings and update the final business process documentation as -needed based on findings from the audit. Deliverobles: how audit results, Summory report an key findings from audit (*.doc) Task 3- Communications Campaign Task 3.1 - Communications Campaign Planning litiliWorks will develop an outreach and education campaign/communications campaign plan that is in lock -step with the AMI Proof of Concept schedule. The program will enhance internal project communications for all utility departments and will foster proactive communications with utility customers and other external stakeholders, iltiliWorks will schedule a discovery with Santa Ana to address the following: • Refine goals, objectives, and strategy of the program (taken from the assessment phase) • Support the development of the overall project branding efforts • Finalize (baseline) the Plan that will serve as the guideline for the project deliverables, The plan will be updated periodically to reflect changes to the Campaign and the AMi Proof of Concept schedule. Assumptions: The planning effort is conducted onsite Deliverables, Communications Plan (*,doc) The City of Santa Ana Page 1 10 City Council 18 — 62 11/21/2023 Task 3.2 - Organizational Awareness As part of the discovery sessions, UtiliWorks will work with the City to identify the key topics that will drive the content of the utility organizational awareness campaign. Topics may include: • AMI project benefits and information sharing • Transitional change effecting the organization • Theft Detection and Enforcement Policy • Green Initiative Concepts developed with AMI • Areas of concern including - RF, Privacy, Cyber Security, etc. UtiliWorks will work with the City to develop the content appropriate for internal staff that will be published at various stages of the project. The content may be published via an e-mail newsletter, printed flyers, or other formats as deemed appropriate by the utility. UtiliWorks will also support the City in its effort to present this information to staff and field questions accordingly. Assumptions: UtiliWorks will assist in the development of content Deliverables: Content to be used for internal communications Task 3.3 - Customer Communications UtiliWorks will work with the City to develop the content for a variety of customer facing materials. Customer outreach and education pieces are expected to include: • Door hangers • Status letters • Press releases • Brachures Webpages UtiliWorks will advise the City on the timing of releasing the information pieces to the customer base. Many of these materials will be distributed in parallel with other information pieces. Assumptions: UtiliWorks will assist in the development of content. The list of customer education and outreach materials above can be modified based on the outcome of the discovery sessions if the approximate level of effort is commensurate and the changes are agreed upon by the City and UtillWorks. Santa Ana will employ a graphic designer to assist with visual layouts and design. The printing, shipment and dissemination of materials will be handled by the City. Deliverables: Content to be used for external customer communications Task 4- Full Deployment Quality Assurance and Quality Control Task 4.1 - Oversee and Support Full Deployment Upon Santa Ana acceptance of the Proof of Concept and approval to proceed with Full Deployment, UtiliWorks will provide structured project management to ensure that all project tasks during the full deployment phase are executed in a timely, organized fashion. Given UtiliWorks field deployment expertise, we will provide the City with well -considered advice and recommendations on how to address potential issues or road blocks during this phase, The City of Santa Ana page 1 11 City Council 18 — 63 11/21/2023 Accurate recording and timely delivery of serial numbers, out reads, start reads, meter and endpoint characteristics, geographic co-ordinates, digital pictures, and install notes to the appropriate departments and systems at the City is key to full deployment success. UtiliWorks will work with the City and the Installation Contractor to develop the strategy and processes to monitor for tight control and provide a thorough audit of data to ensure a smooth transition to billing with AMI data. To ensure a successful deployment, it is necessary to detail and document the numerous aspects of the Full Deployment phase. UtiliWorks will work with the designated City staff and vendor staff to develop a detailed Full Deployment Plan. At a minimum, this plan will detail processes and procedures for: • Inventory acquisition, supply chain and logistics • Contract employee protocols • Mass meter change out (peployment) + Communications and reporting • Field installation quality assurance and audit • Data quality assurance and audit UtiliWorks will manage and oversee the selected installation contractor and represent the City's interests accordingly. Specific project management, logistics, training, troubleshooting, and quality assurance tasks to be performed by UtiliWorks during the full deployment phase are outlined in detail below: • Project Management o Represent the City regarding management of AM] vendor and their contractors and provide input on change orders and scope creep a Work with the City and the installation contractor project manager to set production goals and monitor goal versus actual. o Assist the City with scheduling internal installs and provide additional AM[ device training as needed. o Review and adjust schedule as needed based, inventory and Return to Utility (RTUs). Provide insight that allows for flexibility in scheduling in a timely manner. o Conduct a detailed review of the lnstallation contractor monthly invoice o Lead weekly Web based production status meetings with designated staff from the City, Installation contractor, UtiliWorks and AM[ vendor. a Provide weekly status reports to the Santa Ana Project Manager to include weekly production updates, RTU's, Quality Audit findings, safety reviews, field related issues and general discussion o Meet with the Santa Ana PM weekly to review project status. • Materials Management o Work with the installation contractor and the City to develop the necessary processes to accurately disperse, track, and report on the movement of equipment from warehouse through to installation. o Ensure that vendor shipments to the City are timely, work with vendors to ensure lead times don't affect production schedule, work with installation contractor PM to ensure a rolling 6-week inventory. o Work with the City to ensure inventory levels are updated and accurate, disposition of RTU's on a regular (weekly/bi-weekly) basis. The City of Santa Ana page l 12 City Council 18 — 64 11/21/2023 o Work with the installation contractor and the City to develop a strategy and tracking method for the salvage or disposal of removed meters. Training Support/Identification o UtiliWorks will participate in all phases of training to gauge Installation contractor employee's skills in the field. o As part of UtiliWorks in -field audits, ensure that Installation contractor employees are working in a manner that meets or exceeds that of Santa Ana and recommend follow-up training as required. o Provide on-the-job training to the designated Santa Ana AMI System Technician(s) to support troubleshooting efforts in the field. Troubleshooting o Work with the AMI vendor to troubleshoot and resolve any RF coverage issues including the potential need to deploy additional network infrastructure. o Work with the designated AW System Technician(s) to troubleshoot meter issues as they arise. o Work with the designated AMI System Technician(s) to troubleshoot meter/system alarms, flags, exceptions, etc. Quality Assurance o Work with the Santa Ana Quality Manager to ensure that City standards are maintained by all installers o Perform in -field installation quality audits of installations, to include: ■ Verify correct installation / check for leaks / check to verify meter pit Lid fits correctly ■ Verify installation contractor performs install per specs established by the City ■ Verify installation contractor is working safely a Perform data quality audits using installation contractor's work order portal, to include: ■ Verification that meter was installed correctly ■ Verification that the correct meter was installed at the property ■ Verification of correct "out read" ® Review "as left" photos to ensure work area was left in good condition Assumptions: The City will designate an AMI System Technician and a backup resource to fulfill those duties during the project when the lead AM! System Technician is unavailable Deliverables: Full Deployment Plan (*.doc), Weekly Project Status Reports (*.doc), Weekly Field and Data QA Status reports (*.xls) Task 5 - Business Intelligence and Reporting Business intelligence (BI) is defined as a set of strategies, processes, applications, data, technologies and technical architectures used by companies to support the collection, data analysis, presentation and dissemination of business information. The high volume of data produced by an AMI system can greatly enhance overall utility operations, but only if that data is transformed into usable information. This effort is intended to examine the reporting and analytical needs of the City and identify where the data can be integrated, analyzed, summarized and presented in a format that is valuable to the City and its staff. The following tasks will allow UtiliWorks to develop a clear The City of Santa Ana Page 1 13 City Council 18 — 65 11/21/2023 understanding of City philosophy, staffing, and current capabilities related to the technical and business aspects of analytics and reporting. Operational, exception, and Business Intelligence Reports will be defined through specific use cases. These use cases will identify the interactions between users and systems to obtain the desired output at the desired time interval and frequency. Task 5.1 - Discovery and Use Case Identification To understand Santa Ana goals, readiness, and existing staffing and infrastructure to support the 81 Reporting effort, UtiliWorks will conduct a series of discovery sessions. These sessions are intended to determine the utility's technical and business readiness to leverage the AMI data. UtiliWorks will lead discovery sessions to assess the capabilities and maturity of operational systems such as SCADA, CIS, GIS, and OMS. This includes how robust the software is and the ability of the software application to integrate with other systems, both inbound and outbound. We will assess the City's level of commitment to each respective software application and how well the staff understands the underlying system architecture, data structure and data quality. Participants are likely to include: system owners, power users, analysts, and system administrators, UtiliWorks will lead discovery sessions with City staff to identify and document existing reports, dashboards, and data analytics currently performed. UtiliWorks will assess the technical capabilities of the City staff such as the ability to extract data, develop queries, integrate data with other systems, and develop reports. UtiliWorks will also assess the analytical capabilities of existing staff and identify any apparent gaps that would hinder the 81 Reporting effort. UtiliWorks will lead discovery sessions with utility executives and department heads to outline respective goats related to the enhancement, monitoring, and tracking of electric utility, water utility, and business operations. This will include the identification of existing and desired reports, dashboards and analytics. The outcome of these discovery sessions will help to define the future reports, dashboards, and analytics to be developed and inform the use cases that UtiliWorks will explore with City SMEs in the subsequent task. Assumptions, Up to eight (8) use cases will be identified for future analysis. Deliverables: Onsite Kickoff Agenda and Presentation, Information coilected via discovery to be summarized in the Recommendations Report Task 5.2 - Use Case Design A use case defines the interactions between users or systems to obtain the desired data or information at a desired time Interval and frequency for a defined purpose, UtiliWorks will facilitate one-on-one whiteboard sessions with the designated SME(s) to develop the specific use cases identified in the discovery sessions. The desired result of this process is that staff begin to think about what data or methods for data retrieval and usage are available beyond their current day -today activities. These sessions should be limited to those individuals responsible for performing the task at hand to facilitate an in-depth discussion. These sessions The City of Santa Ana Page 1 14 City Council 18 — 66 11/21/2023 will be the launching point for UtiliWorks to make recommendations and refine the feedback into a final use case design. Points of the discussion will include: • Current methods for analyzing, and any reporting tools / data sources * Review of AMI / MDM reports and reporting tools * Identify the data source(s) and how the data wilt be collected • Specify the methods to access and present the data • Identify who/what system wilt receive the data Deliverables: SME Use Case Workshops, Draft Use Case Design Document (*,ppt) Task 5.3 - Recommendations Report UtiliWorks will compile a summary report based on the outcome of the discovery sessions and use case design sessions. We will offer recommendations on how to advance the BI Reporting effort beyond the design phase. Topics will include: • Identify mismatches in Executive, Department, and 5ME perceptions • Technical and analytical staffing requirements • Evaluation of current reporting tools in relation to new systems and the ability to access data using the current tools and make recommendations regarding tools that provide enhanced capabilities in terms of data access and data analysis, • New or custom reports/dashboards • New software applications /modules / analytical tools • Integration with other utility IT systems • New users to add to systems (i.e. data access) • Training requirements Delfverobles: Recommendations Report (*:doc) The City of Santa Ana Page 1 15 City Council 18 — 67 11/21/2023 EXHIBIT B Deliver to: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Sl,fole�gic MW., City Council 18-68 11/21/2023 Tanta of Contents Sectiont - Cost Proposal.—, .................... ....... ........... .......... ........... ........... ........ 3 1AFee Proposai..—...................................................................................................................................... 3 1.2 EsOmated Project Tirnefine..................................................................................................................... 4 7..3 Assumptions ... ....... ........... .......... --..................... ............. ............ ...,.,,.......,,..,.......,.,..........,.., ....,......,,,. 4 Section 2 . Standard Labor Rates by Position......................................................................4 Pagel 2of4 Q 2019 UtitiWorks Consulting City Council 18 — 69 11 /21 /2023 Section 1 - Cost Proposat 1.1 Fee Prop oSai The fees proposed fall into the following categories: • Fixed fee based on percent complete by task • Fixed monthly project fees based on phase duration • Estimated travel expenses UtiliWorks is proposing a not -to -exceed contract fee structure, invoicing will be monthly based on percent complete by task plus monthly fees (as applicable) Assuming a 13-month Proof of Concept and a 14-month Full Deployment, that equates to a level of effort for Phase f and 2 combined of approximately 3,775 tabor hours, Phase 1 - Prot urei rent and Contracting 1.1 Mobilization and Project Kickoff Fixed Fee S 7,705 $ 7,705 1.2 State of industry Review Fixed Fea $ 3,210 $ a,a to 1.3 Requirements Workshop Fixed Fee $ 14,382 $ 14,392 1.4 implementation Plan Fixer! Fee $ 31852 $ 3,852 1,.5 Staffing Plan Fixed Fee $ 81561 $ 8,561 1.6 RFP Development Fixed Fete $ 11,728 S 11,728 1.7 RFP Adminfstradon Fixed Fee $ 5,993 5 5,993 1.6 Response Evaluation Support Fixed Fee $ 10,416 S 10,416 1.9 Contracting and Negotiations Support Fixed Fee S 18,942 $ 18,"f42 Subtotal Phase 1 S 84,789 Phase 2 - Program planning and Implementation 2.1 Proof of Concept Deployment Project Management (Alpha and Beta) SNonth • 13 MONTHS $ 27,000 $ 351,000 2.2 Full Deployment Prnjuct 1tlanage-mont VMonth - 14 MONTHS $ - 12,000 $ 168,000 2.3 business Procass Re -Engineering Fixed Fee S 70,767 S 70,767 2.4 Communications Canspaign Fixed Foe $ 51.,365 S 51,365 2.5 Reporting and Business Intelligence Fixed Fee 5 29,107 $ 29,107 Subtotal Phase 2 $ 670,239 Total Phase 1 and Phase 2 $ 755,027 Travel Expense Allowance Phase 1 and Phase 2 (Estimated 60 person -trips) Billed at Cost S 1,000 $ 60,000 Grand Total $ 815,t327 Page 1 3 of 4 2020 I. 2021 I 2022 1 Grand Total C 2019 UtiliWorks Consulting City Council 18 — 70 11 /21 /2023 1.2 Estimated Project Timeline UtiliWorks proposed fee is based on an estimated project duration of three (3) years starting in April 2019, Each phase and sub -phase are depicted below. 1.3 Assum tions The following assumptions are made regarding the fee proposal provided: • The travel budget is estimated at 60-person trips over the life of the project at $1,000/trip on average. Travel will be billed at actual cost, Actual trips required may vary. UtiliWorks will seek pre -approval from Santa Ana prior to booking travel, • Work will be performed by UtiliWorks resources either on -site or off -site in the completion of SOW deliverables. • Any required state, city, or local government taxes, fees, or business licenses costs will be invoiced to the Santa Ana at actual cost incurred. • The City will make available to UtiliWorks all relevant information so that a comprehensive analysis may be performed. This information shall be provided in a timely manner to not adversely influence the approved project plan and schedule. • The City will appoint a Project Lead that will serve as the primary point of contact throughout the engagement. The Project Lead will assist in organizing the participation of staff, management, and stakeholders as needed. • The City and its team members will assume a proactive role in actively participating in project objectives, milestones, and defined project responsibilities. Section 2 - Standard Labor Fates by Position Pagel 4 of 4 M"Iin� ®irector $295.00 Principal Sin r Ntanager $220 00 Manager $220 00 Senior Associate $220 00 Associate $190,00 Senior Analyst $160.00 nal st y _. $160 00 Junior Analyst $115,00 Administrative $115.00 C 2019 UtiiiWorks Consulting City Council 18 — 71 11/21/2023 ACCPRLY CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 03/29r2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE; OR PRODUCER, AND THE CERTIFICATE HOLDER. 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DISEASE - EA EMPLOYEE $ 1 000,0a0 (Mandatory In NEVI Ifyes, under E.L, DISEASE -POLICY LIMIT $ 1,000,000 IPc DE5CRIPT30NOF OPERATIONS below Profeaslonal Liability Each & Every Claim $2,000,000 A Errors & Ommissions PSF106720413 0810612018 08/0612019 Aggregate $2,000,000 Deductible $5,000 OIESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 101, Addltlonal Remarks Schedule, maybe attached If more space Is required) CyborlTechnology Liability $2,000,000 Each Claim $2,000,000 Aggregate, Applicable to Gertirtcale Holder. Blanket Additional Insured, Primary Non -Contributory basis, 30 days nolico of cancellation (10 days for non-payment) and Wavier of Subrogation included in the General Liab€ilty General Condition wording, If required by written contract. nke c 5 In yf certificate holderwhen required by written agreement with respects to Workers Compensation. j rttj� urn i lriC,A Crir}i iJrK ­i1491A /fir 1 11f SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana, The City, Its officers,empioyees agents, volunteers & ACCORDANCE WITH THE POLICY PROVISIONS, representatives as addl lnsds AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza Santa Ana CA 92701r j} J 9 U 1988-2015 ACORD CORPORATION. Ail rights reserved. ACORD 25 (20161 City Council 18 — 72 11/21/2023 EXHIBIT THIRD AMENDMENT TO AGREEMENT TO PROVIDE PLANNING AND IMPLEMENTATION SERVICES FOR THE AUTOMATED METER INFRASTRUCTURE PROJECT THIS THIRD AMENDMENT TO AGREEMENT is made and entered into this 215T day of November, 2023, by and between E Source Companies, LLC, a Delaware limited liability company ("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 shall hereinafter collectively be referred to as "the Parties". RECITALS A. On May 7, 2019, the Parties entered into Agreement No. A-2019-066 to Provide Planning and Implementation Services for the Automated Meter Infrastructure Project ("Agreement"). B. On February 18, 2020, the Parties entered into a First Amendment to the Agreement (A-2020-026) to expand the Scope of Services previously established and to increase compensation in connection with the additional scope of work by $68,720, with a 10% contingency of $6,872 for a total amount not to exceed $75,592. C. On January 18, 2022, the Parties entered into a Second Amendment to the Agreement (A-2022-005) to amend the scope of services and compensation terms of the Agreement. D. On February 3, 2020, UtiliWorks was acquired by E Source Companies LLC and is now using the name E Source Companies LLC or simply E Source. The City acknowledged and accepted the assignment of services to E Source Companies LLC for the remainder of the term of the Agreement. E. On April 3, 2023, the Parties opted to extend the term of the Agreement. as amended, for an additional one year term until May 6, 2024. F. The Parties wish to further amend the Agreement to extend the term of the Agreement and provide additional compensation for this extension. THE PARTIES THEREFORE AGREE: 1. Section 2, Compensation, shall be amended to increase the total amount of the compensation by $250.000. The total amount to be expended during the term of this Agreement, as amended, shall not exceed $1,268,058. 2. Section 3, TERM, shall be amended to extend the tern of the Agreement through November 20.2024. City Council 1 18 — 73 11/21/2023 3. Except as hereinabove modified, the terms and conditions of said Agreement, as amended, remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: `7B radon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency Jack Ciulla Chief Technology Innovations Officer Information Technology Kathryn Downs, CPA Executive Director Finance and Management Services Agency CITY OF SANTA ANA Steven A. Mendoza Acting City Manager CONSULTANT E Source Companies, LLC r P� Presidenble Si. P City Council -, 18 — 74 11/21/2023 EXHIBIT 3 PROJECT TITLE: Automated Metering Infrastructure - Citywide PROJECT CATEGORY: Utility/Drainage/Lighting Improvements Water Improvements LOCATION MAP 'A CITY OF SANTA ANA FY 23/24CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Replacement of all manual read water meters with new smart water meters. IPROJECT NEED: Existing water meters are aging and in need of replacement. Smart meters allow for greater accuracy and customer engagement. PROJECT COSTS FY 23/24 FY 24/25 FY 25126 FY 26127 FY 27128 FY 28129 FY 29130 Planning 250,000 - - - - - - TOTAL 250,000 - - - - - CITYWIDE SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 250,000 - - - - - - TOTAL 250,000 - - - - - - AGENCY: Public Works DIVISION: Water Resources CONTACT: DATE: Armando Fernandez, Senior Civil Engineer 07-Nov-2023 City Council 18 — 75 11/21/2023 Public Works Agency www.santa-ana.org/public-works Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: AVEVA Select California Agreement AGENDA TITLE Approve Agreement with AVEVA Select California for Wonderware Software Support Services and Licensing in an Amount Not to Exceed $291,621.75 for Up to a Three - Year Term (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with AVEVA Select California to provide SCADA software, hardware, and installation services to the City's water production facilities in an amount of $277,735 with a 5% contingency of $13,886.75, for a total not to exceed $291,621.75, for a three-year term beginning November 21, 2023 and expiring November 20, 2026, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023- XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency's Water Resources Division (Water Resources) oversees and maintains the daily operations of the City's water and sanitary sewer systems. The Supervisory Control and Data Acquisition (SCADA) software system is the central tool used by Water Resources to monitor, automate, and control the City's water production systems, such as 21 groundwater wells, seven water pump stations, and four pressure control facilities. The SCADA system is crucial in maintaining operational efficiencies and identifying problems as soon as they occur, such as unsafe water pressure levels for emergency fire flow conditions and equipment failures. On January 19, 2021, the City entered into an agreement with Wonderware California (now "AVEVA Select California") to provide SCADA software, hardware, and installation services to the City's water production facilities. AVEVA Select California successfully preserves historical data that is critical for the City to meet compliance reporting requirements, facilitates live system changes, and provides reliable 24/7 technical support to guarantee the delivery of quality water to residents. Approval of this item will allow Water Resources to retain support and development services for the SCADA software for a three-year period. City Council 19-1 11/21/2023 AVEVA Select California Agreement November 21, 2023 Page 2 FISCAL IMPACT Funding is available in the FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. Fiscal Accounting Fund Accounting Unit, Year Unit Description Account Description Amount - Account # Contract (3-Year Term) Water Utility Production 2023-24 06017640- Water & Supply, Computer $92,578 66511 Software Subscriptions Water Utility Production 2024-25 06017640- Water & Supply, Computer $92,578 66511 Software Subscriptions Water Utility Production 2025-26 06017640- Water & Supply, Computer $92,579 66511 Software Subscriptions Water Utility Production 2025-26 06017640- Water & Supply, Computer $13,886.75 66511 Software Subscriptions TOTALI $291,621.75 EXHIBIT(S) 1. Agreement with AVEVA Select California Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager City Council 19 — 2 11/21/2023 EXHIBIT 1 CONSULTANT AGREEMENT BETWEEN AVEVA SELECT CALIFORNIA AND THE CITY OF SANTA ANA FOR WONDERWARE SOFTWARE SUPPORT SERVICES AND LICENSING THIS AGREEMENT is made and entered into on this 21 st day of November, 2023, by and between AVEVA Select California ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant have special skill and knowledge in the field of Supervisory Control and Data Acquisition ("SCADA") software, hardware, and installation services to the City's Public Works Agency. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Consultant's Proposal & Fee Schedule, attached hereto and incorporated herein by reference as Exhibit A. 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 Consultant's Proposal & Fee Schedule (see Exhibit A.) The total compensation provided to Consultant for its services during the entire term of the Agreement shall not exceed $291,621.75, which is comprised of. (1) a base amount of $277,735.00 and (2) a five percent (5%) contingency in the amount of $13,886.75 for additional as -needed services, to be exercised at 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 which may reasonably be expected by City. f9 City Council 19 — 3 11/2 2 3. TERM This Agreement shall commence on the date first written above and continue for a period of three (3) years, ending on November 20, 2026, 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. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below. Coverage shall be at least as broad as: a. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate f9 City Council 19 — 4 11 /2 2 limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. b. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include,but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress,invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. c. Technology Professional Liability Errors & Omissions Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant's profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the City in the care, custody, or control of the Consultant. If not coveredunder the Consultant's liability policy, such "property" coverage of the City may be endorsed onto the Consultant's Cyber Liability Policy as covered property as follows: d. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. e. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith City Council 19 — 5 11 /2 23 f 9 such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). ii. Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers,officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. iii. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. iv. Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. V. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. vi. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. vii. Claims Made Policies. If any of the required policies provide coverage on a claims - made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. f9 City Council 19 — 6 11/2 2 viii. Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. ix. Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. X. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, 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 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. City Council 19 — 7 11 /2 23 f 9 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. f9 City Council 19 — 8 11/2 2 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. City Council 19 — 9 11 /2 23 f 9 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6956 With courtesy copies to: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: AVEVA Select California Attn: 126 Mill Street Healdsburg, California 95448 f9 City Council 19 — 10 11/2 2 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager CONSULTANT: Fd�algz By: Paul Ueas Title: CFO City Council 19 —11 11/2 23 f 9 EXHIBIT A CONSULTANT'S PROPOSAL & FEE SCHEDULE City Council 19 — 12 11/21/2023 -AV _ VA SELECT CALIFORNIA 126 Mill Street Healdsburg, CA 95448 (866) 966-3376 Ship To: CITY OF SANTAANA 220 S. DAISY AVE SANTA ANA, CA 92703 Bill To: CITY OF SANTAANA 220 S. DAISY AVE SANTA ANA, CA 92703 QUOTE 310624.2 CTYSA AVEVA 3-Year CF + Support Services 10/16/2023 Direct Opp In Process Attn: James Burk CITY OF SANTA ANA direct (714) 647-3315 fax From: Brent McDowell brent. mcdowell(a-)cal ifornia.avevaselect.com direct (707) 473-3109 main (866) 966-3376 fax (707) 473-3190 Customer Site ID: 242485 City of Santa Ana, 220 S. Daisy Ave, Santa Ana, CA 92703 Historian License(s) covered: 1965965, 2143477, 2143485, WW HMI SCADA License(s) covered: 2143471, 2143475, 2143476, 2143478, 2143479, 2143480, 2143481, 2143482, 2143483, 2143484, 2143487, 2143488, 2143489, 2143490, 2143491, 2143492, 2143493, 2143494, 2143495, 2143496, 2143497, 2143498, 2318602 AVEVA Reports License(s) covered: 1965966, 2143486 Included with AVEVA Premium Customer First Program are the following services: • Security fixes, patches, updates and Hotfixes (*Only available while the CF contract Is valid) • Software version upgrades (*Only available while the CF contract is valid) • Emergency 24/7/365 Technical Telephone Support • AVEVA Direct Technical Support: Access to technical resources at both the local distributor and directly from AVEVA. • Access to the AVEVA Knowledge and Support Center website: Knowledge base, case management, software downloads and more. • Access to the Customer FIRST Mobile Support App • E-Learning: Get on -demand access to AVEVA's rich library of modules * Please Note: 3 Year Term requires a PO for all 3 years at time of purchase. Wonderware solutions are now AVEVA solutions: Learn more about this exciting change here: https://sw.aveva.com/wonderware Interested in additional training? Please visit our website and view our events schedule at https://california.avevaselect.com Access the status of your order on our Online Order Status system!! Just click on the link contained in your order confirmation to begin the login process. Once signed up you can access via https://california.avevaselect.com Access our Return, Shipping, and other company policies at our website via https://california.avevaselect.com/aboutus/policies.asp PO Number: Duration: Freight: Terms: Pages: This q j'jj�i gji j ftg0 days. FOB: Healdsburg, CA 19 — 13 Prepaid 3 d�dd Net 30 Days 1 of 7 Remit to: 126 Mill Street, Healdsburg, CA 95448 11 /21 /2023 california.avevaselect.com 126 Mill Street Healdsburg, CA 95448 y(866) 966-3376 SELECT CALIFORNIA Ship To: CITY OF SANTAANA 220 S. DAISY AVE SANTA ANA, CA 92703 Bill To: CITY OF SANTAANA 220 S. DAISY AVE SANTA ANA, CA 92703 AVEVA Customer First, Year 1 QUOTE 310624.2 CTYSA AVEVA 3-Year CF + Support Services 10/16/2023 Direct Opp In Process Attn: James Burk CITY OF SANTA ANA direct (714) 647-3315 fax From: Brent McDowell brent. mcdowell(cr)cal ifornia.avevaselect.com direct (707) 473-3109 main (866) 966-3376 fax (707) 473-3190 Quantity Part Number/Description Availability* Tax Price Extension 1 �CF-PREMIUM-R-HST Liner CF# 122939 - Premium - Renewal - Historian EXP 2/26/25 1 �CF-PREMIUM-R-RFO Line:2 CF# 122939 - Customer FIRST - Premium - Renewal - RFO EXP 2/26/25 1 Estimated 1-2 Weeks N $2,640.00 $2,640.00 1 Estimated 1-2 Weeks N $2,410.00 $2,410.00 1 �CF-PREMIUM-R-WW` 1 Estimated 1-2 Weeks N $23,030.00 $23,030.00 Line:3 CF# 122939 - Premium - Renewal - WW HMI EXP 2/26/25 Sub -Total $28,080.00 AVEVA Customer First, Year 2 Quantity Part Number/Description Availability* Tax Price Extension 1 Line:4 1 Line:5 1 Line:6 CF-PREMIUM-R-HST CF# 122939 - Premium - Renewal - Historian EXP 2/26/26 CF-PREMIUM-R-RFO CF# 122939 - Customer FIRST - Premium - Renewal - RFO EXP 2/26/26 CF-PREMIUM-R-WW CF# 122939 - Premium - Renewal - WW HMI EXP 2/26/26 1 Estimated 1-2 Weeks N $3,040.00 $3,040.00 1 Estimated 1-2 Weeks N $2,775.00 $2,775.00 1 Estimated 1-2 Weeks i N , $26,485.00 $26,485.00 Sub -Total $32,300.00 PO Number: Duration: This q j'jj�i gji j ftg0 days. FOB: Healdsburg, CA 19 - 14 11 /21 /2023 Freight: Prepaid arid�dd Terms: Net 30 Days california.avevaselect.com Pages: 2 of 7 Remit to: 126 Mill Street, Healdsburg, CA 95448 126 Mill Street Healdsburg, CA 95448 y(866) 966-3376 SELECT CALIFORNIA Ship To: CITY OF SANTAANA 220 S. DAISY AVE SANTA ANA, CA 92703 Bill To: CITY OF SANTAANA 220 S. DAISY AVE SANTA ANA, CA 92703 AVEVA Customer First, Year 3 QUOTE 310624.2 CTYSA AVEVA 3-Year CF + Support Services 10/16/2023 Direct Opp In Process Attn: James Burk CITY OF SANTA ANA direct (714) 647-3315 fax From: Brent McDowell brent. mcdowell(cr)cal ifornia.avevaselect.com direct (707) 473-3109 main (866) 966-3376 fax (707) 473-3190 Quantity Part Number/Description Availability* Tax Price Extension 1 �CF-PREMIUM-R-HST Line:7 CF# 122939 - Premium - Renewal - Historian EXP 2/26/27 1 �CF-PREMIUM-R-RFO Line:8 CF# 122939 - Customer FIRST - Premium - Renewal - RFO EXP 2/26/27 1 Estimated 1-2 Weeks , N , $3,500.00 $3,500.00 1 Estimated 1-2 Weeks , N , $3,195.00 $3,195.00 1 �CF-PREMIUM-R-WW` 1 Estimated 1-2 Weeks N $30,460.00 Line:9 CF# 122939 - Premium - Renewal - WW HMI EXP 2/26/27 Sub -Total $30,460.00 $37,155.00 PO Number: Duration: This q j'jj�i gji j ftg0 days. FOB: Healdsburg, CA 19 - 15 11 /21 /2023 Freight: Prepaid arid�dd Terms: Net 30 Days california.avevaselect.com Pages: 3 of 7 Remit to: 126 Mill Street, Healdsburg, CA 95448 -AV - VA SELECT CALIFORNIA 126 Mill Street Healdsburg, CA 95448 QUOTE 310624.2 CTYSA (866) 966-3376 AVEVA 3-Year CF + Support Services 10/16/2023 Direct Opp In Process Ship To: CITY OF SANTAANA 220 S. DAISY AVE SANTA ANA, CA 92703 Bill To: CITY OF SANTAANA 220 S. DAISY AVE SANTA ANA, CA 92703 Attn: James Burk CITY OF SANTA ANA direct (714) 647-3315 fax From: Brent McDowell brent. mcdowell(a-)cal ifornia.avevaselect.com direct (707) 473-3109 main (866) 966-3376 fax (707) 473-3190 PO Number: Duration: This q@j''jja�i @jij�rg0 days. FOB: Healdsburg, CA Freight: Prepaid arid�dd Terms: Net 30 Days 19 - 16 Pages: 4 of 7 Remit to: 126 Mill Street, Healdsburg, CA 95448 11 /21 /2023 california.avevaselect.com -AV _ VA SELECT CALIFORNIA 126 Mill Street Healdsburg, CA 95448 (866) 966-3376 Ship To: CITY OF SANTAANA 220 S. DAISY AVE SANTA ANA, CA 92703 Bill To: CITY OF SANTAANA 220 S. DAISY AVE SANTA ANA, CA 92703 AVEVA Engineering Support SCOPE QUOTE 310624.2 CTYSA AVEVA 3-Year CF + Support Services 10/16/2023 Direct Opp In Process Attn: James Burk CITY OF SANTA ANA direct (714) 647-3315 fax From: Brent McDowell brent. mcdowell(a)cal ifornia.avevaselect.com direct (707) 473-3109 main (866) 966-3376 fax (707) 473-3190 This is a time and materials (T&M) cost proposal for the Services Team to upgrade an existing System Platform installation as well as providing as -required support and assist with testing remaining sites for the City of Santa Ana. The approximate scope of work is defined below: 1.Upgrade the existing 2020 R2 System Platform installation to 2023 a. Architecture i. Two (2) partnered historians ii. Galaxy Repository iii. Two (2) redundant AOS 1. Modbus OI Server 2. WIN911 Alarm Notification iv. Two (2) RIDS b. A migration approach will be used minimizing downtime and allowing the new and old systems to run in parallel during validation. c. Validation testing and startup 2. Assist with checkout for sites not yet tested during initial System Platform commissioning. 3. Provide as -needed extended support services. CoSA has recently completed equipment and control upgrades at several sites and expects to complete similar upgrades at a few other sites in the future. These upgrades require significant modification of the System Platform installation. Support during these upgrades is included in the extended support hours covered by this proposal. Additionally, appropriate documentation will need to be developed. This includes finalizing the System Design document. The extended support hours will be consumed on an as -needed basis and will be invoiced when consumed. Any hours not consumed by November 21st, 2026 will be lost. For simplicity, a single rate will be used for all hours covered by this proposal. All activity will be at the direction of James Burk, Senior Civil Engineer and XV Solutions Project Manager, Servando Varela. ASSUMPTIONS The following are assumptions or considerations that apply to this proposal. Deviations from these may result in schedule impact or additional costs to the client. 1. All work to be completed remotely 2. The Service Team response to requests for support will be on a best -effort basis. There is no guaranteed service level or response time. 3. End user will be responsible for both the electrical and mechanical installation of all equipment 4. End user will provide any required project infrastructure not specifically provided as part of this proposal, including: a. All project hardware, including servers, workstations, mobile devices, network, etc., and they shall assure that it meets required project specifications b. Mounting, installation, and wiring of all project hardware, and that it is operational and properly mounted, installed and wired and is ready for operatio c. Server & workstation configuration including OS, network, virtualization, etc., and they shall assure that it is operational and properly configured to support required network communications d. Server & workstation software licensing, including OS (Windows), virtualization, database, and other system -level software e. Any specific application software licensing (e.g., Aveva, Microsoft Office, Rockwell, etc.) f. Will make infrastructure available for project development and testing as required 5. End user shall provide reliable, robust remote access to relevant systems sufficient to allow remote development, testing, & support 6. End user shall provide required user credentials and permissions 7. End user shall ensure that appropriate, qualified staff are readily available to assist with all aspects of the project's design, development, testing, and deployment 8. End user -provided infrastructure, staff, and assets will be ready for defined onsite activities upon the Service Team's arrival onsite. Additional on -site PO Number: Duration: Freight: Terms: Pages: This qu@j Jj�i gjiJftg0 days. FOB: Healdsburg, CA 19 — 17 Prepaid 3 d�dd Net 30 Days 5 of 7 Remit to: 126 Mill Street, Healdsburg, CA 95448 11 /21 /2023 california.avevaselect.com -AV - VA SELECT CALIFORNIA 126 Mill Street Healdsburg, CA 95448 QUOTE 310624.2 CTYSA (866) 966-3376 AVEVA 3-Year CF + Support Services 10/16/2023 Direct Opp In Process Ship To: CITY OF SANTAANA 220 S. DAISY AVE SANTA ANA, CA 92703 Attn: James Burk CITY OF SANTA ANA direct (714) 647-3315 fax From: Brent McDowell Bill To: CITY OF SANTAANA brent.mcdowell(a)california.avevaselect.com 220 S. DAISY AVE direct (707) 473-3109 SANTAANA, CA 92703 main (866) 966-3376 fax (707) 473-3190 time or return visits to site due to lack of client system readiness, unavailability of support resources, etc. are subject to additional charges at our standard service and travel rates PO Number: Duration: This q@j''jja�i @jiJ�fg0 days. FOB: Healdsburg, CA Freight: Prepaid arid�dd Terms: Net 30 Days 19 - 18 Pages: 6 of 7 Remit to: 126 Mill Street, Healdsburg, CA 95448 11 /21 /2023 california.avevaselect.com TAV � VA SELECT CALIFORNIA 126 Mill Street Healdsburg, CA 95448 QUOTE 310624.2 CTYSA (866) 966-3376 AVEVA 3-Year CF + Support Services 10/16/2023 Direct Opp In Process Ship To: CITY OF SANTAANA 220 S. DAISY AVE SANTA ANA, CA 92703 Bill To: CITY OF SANTAANA 220 S. DAISY AVE SANTA ANA, CA 92703 Attn: James Burk CITY OF SANTA ANA direct (714) 647-3315 fax From: Brent McDowell brent.mcdowellCc-)california.avevaselect.com direct (707) 473-3109 main (866) 966-3376 fax (707) 473-3190 Quantity Part Number/Description Availability* Tax Price Extension 680 �AXSERVICES 680 Estimated TBD N 1265,00 1180,200,00 Line: 10 Remote System Design & Programming Services - Hourly Base Quotation Pricing Summary Availability: Part availability is subject to change and is based on the availability at the time this quote was created. Time in transit is subject to change depending on the "Ship To" address that is provided by the customer at the time the order is placed and the method in which customer requests that the part(s) ship. For "in Stock" parts, orders must be received by 3:OOPM PST to ship same day. For Factory Stock parts, please allow approximately one week for delivery via our standard shipping methods. Freight is NOT included in this total. Your final invoice may include freight charges. Taxable: Non -Taxable: Subtotal: Tax (9.25%): Freight: TOTAL: $0.00 $277,735.00 $277,735.00 $0.00 TBD $277,735.00 PO Number: Duration: This q@j''jja�i @jiJ�rg0 days. FOB: Healdsburg, CA Freight: Prepaid arid�dd Terms: Net 30 Days 19 - 19 Pages: 7 of 7 Remit to: 126 Mill Street, Healdsburg, CA 95448 11 /21 /2023 california.avevaselect.com Public Works Agency www.santa-ana.org/public-works Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Amend Agreement for Water System Modeling Software AGENDA TITLE Approve an Amendment with Sedaru, formerly known as ID Modeling, Inc., to Extend the Agreement Term through June 30, 2024 for Water System Modeling Software (Non - General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a second amendment to the agreement with Sedaru for Water System Modeling Software to extend the existing term to expire June 30, 2024, with no supplementary expenses to the previously executed amount, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On December 4, 2018, at the conclusion of a competitive bidding process, the City Council awarded a three-year agreement, with the provision for one two-year extension option, to Seddru to provide to the Public Works Agency's Water Resources Division (Division) with water system hydraulic modeling software (Exhibit 1). This software was developed to ensure the overall water system reliability and develop current and future water system operational needs. The Division has recently been informed that the Sedaru software platform will no longer be supported beyond the end of Fiscal Year 2023-24, and a new agreement is not an option once the current agreement expires on December 3, 2023. Given the short timeframe, Division staff has not been able to procure another option prior to the expiration of the agreement. However, Sedaru has provided an opportunity to provide short-term support until June 30, 2024. Staff recommends approving this agreement amendment to extend the term through June 30, 2024 to allow time to finish existing projects, download data and information stored on the platform, and transition to another software platform. City Council 20-1 11/21/2023 Amend Agreement for Water System Modeling Software November 21, 2023 Page 2 FISCAL IMPACT Funds for the previously executed amount are budgeted and available for expenditure in the current fiscal year. There is no additional fiscal impact associated with the action. EXHIBIT(S) 1. Agreement A-2018-275 2. Amendment with Sedaru Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager City Council 20 — 2 11/21/2023 INSURANCE NOT ON FILE A-2018-275 WORK MAY NO PROCEED EXHIBIT CLERK OF COUNCIL DATE: JAN 14 2019 p AGREEMENT TO PROVIDE WATER SYSTEM COMTL-TER MODELING LING AND ENGINEERING SERVICES THIS AGREEMENT is made and entered into this 4th day of December, 2018 by and between Sedate, formerly known as ID Modeling, Inc. ("Contractor"), and the City of Santa Ana, a cliarter city and municipal corporation organized and existing under the Constitution. and laws of the State of California ("City") RECITALS A. The City has previously purchased hydraulic modeling and engineering services from Contractor, including the design and creation of a water system computer model, B, The City desires to purchase from Contractor additional services, including model updates and software maintenance and support, 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 contracting firin in the field. NOW THERE FORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: X. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agreos to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit A. The total annual sum to be expended under the term of this Agreement, including any extension pm-iods, shalt not exceed $150,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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. EXHIBIT 1 City Council 0 — 3 11/21/2023 3. TERM This Agreement shall commence on the date first written above and terminate on December 3, 2021, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2-year period upon a writing executed by the City Manager and City Attorney, 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, at s%, and 1770, et seq,, as well as California Code of Regulations, Title S, Section 16000, et sect., ("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. G. 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 nonexclusive 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, paw') of Q City Council 20 — 4 11/21/2023 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, 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, Contractor, if Contractor has any employees, is required to be insured agaitist 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 Agreernezt. (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 Contractor, without thirty (30) days prior written notice to the City. Page 3 of R City Council 20 — 5 11/21/2023 (iv) 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 bepaid 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. INDEMMFICATICN Contractor ag:ees to defend, and shall indemnify and hold harmless the City, its offcers, agents, employees, consultants, spocial 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 or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section l 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 frrorn 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 terns of, or effects, arising from this Agreement, The Contractor further agrees to indemnify, bold harmless, and pay all costs for the defense of the City, including fees and casts for special coukmel 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 dueto personal or property tights 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 of, pertain to, or relate to the negligence, recklessness, or willfal misconduct of the Contractor. 9. INTELLECTUAL PROPERTY I1oTDEMNIFICATION Contractor shall defend, indemnify and hold hamless 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 Contractor to the City pursuant to this Agreement. City Council 20 — 6 11/21/2023 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 thanreasonable 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 interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, dernand, 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 trail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons. To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-3 0) pag.0 nPs City Council 20 — 7 11/21/2023 P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Copy to: 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 Contractor; Sedam 168 .E. Arrow Hwy, #101 San Dimas, CA 91773 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 he 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. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor 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 Contractor. The parties agree that any terms or conditions of my 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 are 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. City Council 20 — 8 11/21/2023 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. 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 completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate, b, Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement, 18. NON-DISCRIMINATION Contractor 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 applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities tinder this Agreement, Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations, 19, JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California, Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Z.O. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of City Council 20 — 9 11/21/2023 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 tennination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: �` ... MARIA D. HUIZAR Clerk of the Council APPROVER AS TO FORM SONIA R. CARVALHO City Attorney By: f4.,1�.-- Jinn M. Funk Assistant City Attorney RECOMMI NDED FOJ�APPROVAL A � Fuad S. Swei{ Executive Dir Public Works PE, PLS CITY OF SANTA ANA RAUL GODINEZ II City Manager CONTRACTOR kti Title: �R� s►o�4+}T ti QED page 8 of R City Council 20 — 10 11/21/2023 'A"OPIMISs' s r - Y H q y •/'t : F "I r rS.edaru Proposal for. City of Santa Ana on-goingVaerSystem Computer Model Solutions � 3 "` e �a .4 _ ,4a-.��� ti litrl4 -rx�'. �• _ d r �-•_^ y >. ,b September 14, 2018 Mr. Rudy Rosas, P.E. Senior Civil Engineer City of Santa Ana 220 S. Daisy Ave, M-85 Santa Ana, CA 92703 Subject: Proposal to Provide Ongoing Water System Computer Model Solutions, 3-year Initial term, with optional renewal for 2 years Dear Mr. Rosas, Sedaru, Inc. (Sedaru) is pleased to submit this proposal to the City of Santa Ana (City) to provide software and services to the City's water engineering department. This proposal serves as a continuation of services provided under Sedaru's Water System Computer Model Solutions contract from 2015-2018, wherein Sedaru delivered solutions from hydraulic modeling, to engineering analysis and applications designed to maximize the Input, output, and recommendations from the City's calibrated water system computer model, Background: Sedaru has provided engineering solutions for the City since 2015, incorporating; the City's institutional knowledge, while gaining a unique and valuable understanding of the City's water system hydraulic challenges, performance characteristics, infrastructure condition and opportunities for efficiency. Unique, City -specific Experience; Sedaru has delivered a comprehensive range of engineering and�operations related solutions, as summarized below. • Built and calibrated the City's water system hydraulic model, • Supported hydraulic simulations for the City's 2016 Water System Master Plan, including: o System -wide fire flow analysis to understand and plan -for system redundancy and adequate minimum fire flow protection, o Criticality analysis to Identify the City's most vulnerable corridors & related system valves o Energy management analysis to assist with efficient use of existing system capacity, o Water quality analysis to identify areas of system stagnancy across the system,, where: high disinfectant bl-products may form. • Analyzed multiple water quality and operational related analyses to ensure acceptable minimum water age under varying demand conditions, • Delivered analysis, results, and a Technical Memorandum with recommendations for the County Administrative Block hydraulic Feasibility Study, • Completion of a water system flushing program, • Delivery of the Hydraulic Model and G1S-based solution ".Sedaru" to City Engineering & Operations staff to support ongoing, In-house: a Hydraulic Simulations (Sedaru Modeling) for utility -focused analysis such as fire flows, o SCADA trending & alarms (Sedaru OMNI), integrated In the same Model interface, a Facility Inspections from an app, w/automated production reporting {Sedaru Fieldforce) a Identification of optimal pipeline replacement strategies for the City's high return on its capital investment (Sedaru CIP), Services to implement this tool included: City Council 20 — 12 11/21/2023 Integration of multiple system hydraulic and infrastructure condition assessment criteria such as fire flows, leaks, valve criticality, pipeline age, material, and more. The above represents a significant collections of institutional knowledge gained by our staff to develop the City's first -ever hydraulic model, with the application of that modes to the City's Water System Master Plan, and deployment of upgraded technology to support a more integrated, dynamic, and informed decision making process for engineering. Proposed Scope and Terms for Ongoing Solutions: By approval of this proposal and: subsequent contracting of this proposed scope, the City authorizes Sedaru to provide maintenance and support for engineering software for a 3-year Initial term, with an optional renewal for 2 years'.. Annualized support includes 2 categories of solutions; 1) ongoing software maintenance and support for the solutions authorized within the 2015-2018 Water System Computer Model Solutions contract, and 2) continued engineering related services to provide similar services to those: described herein, including updates to the City's current water model, These solutions have been summarized below: 1. $75,000 per year for maintenance and support of the Sedaru engineering software, Inc.„ a. Sedaru Modeling: Run fire -flow analysis, size pipelines, evaluate pumps out of service, b.. Sedaru OMNI & SCADA Connect: Track, trend, monitor, and report -on system performance, Including notifications and alarms of facilities running out of range. c. Sedaru fieldforce & Auto -Reporting: Collect condition and performance data on key facilities in real-time, to automatically generate production reports. d. Sedaru CIP: Access condition and performance data from GIS, Hydraulic Model, Street Paving. Rank, weight, quantify & prioritize pipeline replacement projects with high, ROL e. Sedaru O.ps; Predict operations to determine water age, and trace watersupply to and from any point in the system to reduce the need for future water quality sampling. 2. $75,000 per year for ongoing engineering consulting services, delivered on an as -needed basis, utilizing the rate schedule included herein as Exhibit A. Consulting services may include and not be limited to: a. Updates to the City's water system hydraulic model, and related calibration efforts, to ensure reasonable water model results as compared to field or SCADA measurements. b. Updates may also include water quality parameters to support. the City's annual flushing program to maintain acceptable levels of water quality. c. Ongoing fire flow capacity analysis for developer requests, deficiency analysis to ensure high value return -on -investment on pipeline replacement projects, and simulations of water system operations including pump controls, water quality, and more. d. Hydraulic model updates and related model results will provide the City's Sedaru software with the latest information on City Infrastructure and operations to support optimal software performance overtime. Total annual value of the contract is $1S0,000, and software maintenance is to be billed and paid in advance of each contract year. Consulting services billed an a percent. complete basis. City Council 20 — 13 11/21/2023 Proposed Project Team: Sedaru proposes a Project Team with a collective 100f years of experience In delivering water system planning, operations, and technical software solutions, In additionto nearly 2 decades of experience with City -specific projects. Please see resumes included for the City's consideration in Exhibit B. We look forward to a continuing to deliver valued engineering and water system computer model solutlons to the City's Engineering Department, Please do not hesitate to contact me with any questions at all, at any time. Sincerely, Paul Hauffen, City of Santa. Ana Cu5tomerService Manager Sedaru, I!nc.. Phane: (626) 354-7003 Email: paulbauffen@Ldaru.com City Council 20 — 14 11/21/2023 Exhibit Ae. X 1�. - MT4 IT V: M, City Council 20 — 15 11 /21 /2023 R- Rates: Sedaru proposes the following rates for services rendered from July 1, 2018 through June 30, 2019. Rates will increase 3% annually per year, CiasslfIgAtion Not to..Exceed„Hourly.R.ate Principal......................................................................................................... Technical Advisor/QA-QC............................................................................... Senior Project Manager/GIS Systems Integrator/Developer ......................... ProjectManager— .....................................................—................................. Senior Project Engineer/Modeler/Senior GIS Technician .............................. Project Engineer/Modeler/GIS Technician.................................................... ProjectAccountant........................................................................................ WordProcessing........................................................................................... $215 $200 $185 $170 $160 $1,50 $90 $75 City Council 20 — 16 11/21/2023 SEDAINC-01 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD(YYYYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE; COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S)r AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poliey(fes) must have ADDITIONAL INSURED provisions or bo endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsemont(s). PRODUCER te r=^b1 ty,aay uoa vujm NFP Property & Casualty Services, Inc. 1 PHONE 1951 North 7ustln Avenue l c, No, gxtj:S714�617.2327 l ss: mar cary Saito 500 �iz�r�._._._...........�! ;�.�.�...a aln.. Santa Ana, CA 92705 INSURED j tNSURE,6 ,11dCiTOrg egosgqtjt Sriq inggAit"Etty t;o Zd3t)f Sodaru, Inc. I IN URERC Admiral Insurance Company 2485E IQ Modeling 168 F. Arrow Hwy, Suite 101 114A jNSURE D San Dimas, CA 91773 IrlsuSER E!_.._...._....__ ------- _.._____ COVER„ �E� CERTIFICA ,C NUMBER.. REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE; LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATFD, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECTTO ALL THE TERMS, E_KCLUSfONS AND CONDITIONS OF SUCH POLICIES. LIM TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. )NSR. ._...___.. TYPE OPiNSCIRAiuCi: W �.J.i,ADULSU3Ai� T MD ..•.V,•.�aC1LiGYNUMBER POL10YEFF POLICYFXP _ t,IMlr3. ...._......,...... A l X CQ€NMERCIALCaENERALLIABILITY 1 I 1 EACH CC-,VRRENCE 1>tiilil�l�tl i' DAMjSFS 3Pat�rE F.MI;3ESjF.e�nr.��.._.,.,..._ 1,ti00,000 r CLAwsu-ZE I� OCCUR I x x �72SSASA0623 = 0110612018 I 01106120i9 10,000 PERSONAL s ADV INJURY 1,000,000 G G(-RE[ RATE LIM17 APPLIES PER: GENERAL AG RELATE 2,000,000 pEo LOC X[PI PRODUCT5-CO_MPIGPAGG 2,000,000 .i,„­­....__. AUTOMOBILE L€ABILITY I i w W� [ CQMRINCI7 SINGLE LIMIT...„�,.�QI)r�dil 3C ANY AUTO x x 72UECPX8358 01/0612018 0110012019 BODILY IAJLIRY (Per p3rsa91 J_ OwnIED SCHEDULED ALt�r��OS.ONLY AUTQS BbDILY INJURY_Per accldenl fI 50 A!JTQ,S ONLY _ NIU)V yyN Lp f �acc dsnt AMAGC A E UMBRELLA LIAR X OCCUR ( �_ j EACH OCCURRENC1w_._.. AGGREGATE EXCESS LIAR i CLAIPASe E .72SBABA9623 € 011061201E 0110612019 DP D : RI TEWTNO i $ I 2,000,000 °WO% RS G4MPENSATION AND EMPLOYkRS LABILITY i STA7ilT I OTH• —.-� ANY PROPRIETORIPARTNCRIEXECOTIVE Y� pp��F1GERRiP/[^MI�ERExCL1DED� 1 lkfnndaWry.in +I NIA` E.L.FA,_Hf CtQFNT C IIs, dpsGYib 3 Under 06 (f�lTi(} OF OPE TI S b I w E&OlPrra ssional Lia EOO0002663205 081301201E OI�lSOT019 bl P_�E».:.�YE E.L. tll� LQSIY LIMIT leer Claim Limit ....__ 1,000,000 I. DESCRIPTION 01 JpERAT10NS 1 LOCATIONS P VEHICLES (ACOIiL7 tt11, Addlllnn"I Remarks S�ho�dmaybaattqq d y roar@ spaeo Is rnqulrad) If required by written contract, The City, Its elected or appointed officials, bsnG S, erf, agents, employees and volunteers are Included as Primary/Non-Contributory Waiver General Liability Endorsement Additional Insureds with wording and oftt s respects per SSOOO80405 attached. if required by written contract, The City, its elected or appcintao n yeas and volunteers are included As Additional Insureds with PrimaryfNon-Contributory wording and W �gatio as ra e �uto y` rse ent HA991BU312 attached. 30 days notice of Intent to cancel policies will 6e provided suplect to a m v IIt erendarsemert# 831233t1611 and as respects auto liability per endorsement1HO3130611 attached. SHOULD ANY OF THC ABOVE DESCRIBEo POLICIES BE CANCELLED EIRFOIRE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE ❑ELIVEREp IN CI y ofCiviSanta CenA Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Ross Annex (N22) Santa Ana, CA 92701 AUTHORITEt7 REPR✓ WNTATIV9 AC.ORD 25.(20.1.61.03)..... 1988»201.5,ACORD CORPORATION. All fights reserved, ThA ACORri name and land art mgistorAri marks of ACORD City Council 20 — 17 11/21/2023 AGENCY CUSTOMER ID; SEDAINC-01 LOG #: 1 A,ROADDITIONAL REMARKS SCHEDULE DAWNPHILLIPS page 1 of 1 AGENCY NAMED INSURED Inc. NFP Property & Casualty Services, Inc. p Y y ID Modeling ID Mod, 168 E. Arrow Hwy Suite 101 San Oimas, CA 91M poLlcv Numr5rR '-� E PAGE 1 Los Angeles CARRIER NAIC CODE I*E PAGE 9 SEE P 1 EFFECTIVE oA rE: SEE RAGE 1 THIS ADDITIONAL REMARKS rORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE. Certificate of Liabilltv Insurance NFP Wording Professional Liability : Retroactive date for $1,000,000 Aggregate and per claim limit is B-30-04. Retroactive date for $2,000,000 Aggregate limit is 2.15.17. Retroactive Date for $2,000,000 per claim limit is 3-16.18. Deductible $25,000 per claim. Claims Made policy form. The attached certificate of insurance is provided as part of our service to our client the insured. If special endorsements have been provided they are indicated and attached to the certificate. You may find that these documents do not comply with all the terms and conditions of the underlying contract between the Certificate holder and the Insured due to the Insurance Company's insuring conditions, limitations, exclusions and other Terms. If you have any questions please contact the undersigned. NFP Property & Casualty Services Inc. CA License OF15715 1551 IN Tustin Ave, Suite 500 Santa Ana CA 92705 Telephone: 714-617-2326 REVIEWED BY: ACORD 101 (2008101) O 2008 ACORD CORPORATION. All rights reserved. The ACORD name _and _logo are registered marks..af.ACf]RD ......... ......... ___ _....... City Council 20 — 18 11/21/2023 Policy#i2 EM8350 THIS ENDORSEMENT CHANCES THE POLICY, PLEASE READ IT CAREFULLY, NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy Is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other then for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company, B, 1f this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. Form tH 0313 0611 If notice Is mailed, proof of mailing to the last known mailing address of the certificato holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any nctificatlon rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of Insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will It negate cancellation of the policy, Failure to send notice shall Impose no liability of any kind .upon the Company or its agents or representatives. REVIEWED Q 2011, The Hartford Page 1 of 1 City Council 20 — 19 11/21/2023 P olicy#72 Sf3AAJ 7706 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy Is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the Cancellation effective date to the ceriilicate holder(s) with melling addresses on file with the agent of record or the Company. 4, If this policy Is cancelled by the company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancelialion effective data to the certificate holder(s) with mailing addresses on file with the agent of record or the Company, If notice is mailed, proof of mailing to the last known mailing address of ilia certificate holder(s) an file with the spent of record or the Company will be sufficient proof of notice, Any notificalion rights provided by this endorsemont apply only to active certificate holders) who were Issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will II negate cancellation of the policy, Failure to sand notice shall impose no liability of any kind upon the Company or Its agents or represoAtalives. Form SS 12 23 0611 M REVIEWED BY: OA Q 2011, The Hartford Page 1 of 1 City Council 20 — 20 11/21/2023 Pol1cy#R72UECPX8358 COMMERCIAL AUTOMOBILE HA 99 16 0312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the fallowing: BUSINESS AUTO COVERAGE FORM To the extent that the provisions or this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to Include, (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the }Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or wculd be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership, However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, d, Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph AA. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured If Required by Contract (1) Paragraph A. 1. -WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: (b) That IS an insured under any other f. When you have agreed, in a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as insurance under any other policy, or an additional Insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an 'insured", butonly unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused Injury" or "properly damage" that results by the conduct of an "insured" under from an "accident' that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the S. Employees as Insureds ownership, maintenance or use of a Paragraph A.1, - WHO IS AN INSURED - of ��r® �1�� "j o . SECTION II - LIABILITY COVERAGE is V 11 !1 L� amended to add: © 2011, The Hartford �pydedlTFa � B Form HA 99 16 l}3 12 of ISO properties s s'an Page 1 of 5 City Council 20 — 21 11/21/2023 The insurance afforded to any such E. Primary and Non -Contributory if additional insured applies only if the Roquired by Contract "bodily Injury" or "property damage" Only will) respect to insurance provided to occurs an additional insured in 1.D, - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply, written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such Insurance bo provided agreed in a written contract ur written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance a.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non -Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contrihutory with the agreement; or additional Insured's own Insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not seek contribution from that other the Declarations. to Insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the declarations and described in this has been added as an additional insured. Section. When this insurance Is excess, we will have no {3) Additional Ins�ireds Other Insurance duty to defend the insured against any "suit if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to de so, but we will additional insured, such additional be entitled to the insured's rights against ell insured must submit such claim or "suit" those other Insurers, to the other insurer for defense and When this insurance is excess over other indemnity, insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed !n a of. written contract or written agreement (1) The total amount that all such other that this insurance Is primary and non- insurance would pay for the loss In the contributory with the additional insured's absence of this insurance; and own insurance, (2) The total of all deductible and serf -insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suit or Loss If you have agreed In a written contract We will share the remaining loss, if any, by the method described in Other Insurance 5A. or written agreement that another person or organization be added as an 2, AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, In the same manner as the Named Insured. O 2011, The Hartford (Includes copyrighted material Form HA 99 76 03 12 of ISO Properties, InijitIrsjpy�)jE D BY. Page 2 of 5 �� 6--4; --, __=_.. . PAGE OF ` City Council 20 — 22 11/21/2023 If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3, AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5, - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL_ DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" €s: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical damage coverage is excess over any other collectible insurance, Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (it you are a partnership), members (if you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A4,R. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,0m. 6. LOANILEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loanllease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, Interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases, 7. AIRBAG COVERAGE Under Paragraph B, EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag, B. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs RA - EXCLUSIONS - of SECTION III - PHYSICAL_ DAMAGE COVERAGE are replaced by the following: Exclusions 4.c, and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is; (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or © 2011, ThREVIE, vit�Prl41s'Mt sio . "Form HA 99 1G 0312 of ISO" Pf1GE OF WY2-0 Pane 3 of 5 City Council 20 — 23 11/21/2023 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b. Section III W Version CA DO 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C,2 and Version CA 00 01 10 O'I of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed In or upon the covered "auto" in a housing, opening or other location that Is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2,a. above or is an integral part of that equipment; or (3) An inlegrai part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. -COVERAGE -of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL, DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the If another Hartford Financial Services Group, ]no, company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) daducttblo. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCiDENT,CLA(M, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, If you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited Itabiilty company; or (4) An executive officer or insurance manager, if you are a corporation. 13, UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph o, of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following; e, For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought In the United Slates of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO U5 - of SECTION IV - BUSINESS AUTO CONDITIONS Is amended by adding the following: fallowing is added, 4 E A , E ® BY: 0 2011, Tt;J d des e oghted material Form HA 99 16 03 12 of ISO P t I c „wii its perrmission. PAGE - OF__V_2-C Page 4 of City Council 20 — 24 11/21/2023 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make For damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, Including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2, of the COMMON POLICY CONDITIONS - CANCELLATION - appiies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective data of cancellation, 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a.lf the auto is replaced with a "hybrld" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or now lease agreement recolved by us within 60 calendar days of the date of "loss," Form HA 99 16 03 12 c.Rega€dless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one `,loss" is $10,0Q0. For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internat combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto, 19, VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we wilt pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss, Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is 45,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. LREVIEWED BY:J 0 2011, The Hartford (Includes copyrighted material of ISO Properties, Inc., with Its permission.) Page 5 of 5 City Council 20 — 25 11/21/2023 Policy# 72SBAAT7706 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b, Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (11) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such, That representative will have all your rights and duties under this insurance. e, Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 5C% of the voting stock an the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insurod under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising Injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission, Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision, 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for tho conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: limits of insurance, � � ,. ily ye al" to a co -"employee" of the 3, Newly Acquired Or Formed Organization �,, r o�e afing the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture ate--, rented to, in the charge of or occupied by limited liability company, and over which RAG E Z i or € r of any person who is maintain financial interest of more than 50% of elr this provision. the voting stock, will qualify as a Named 6. Additional insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and Forts, cc np nA nn nA Page 11 of 24 City Council 20 — 26 11/21/2023 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit, However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by an endorsement issued by us and made a part of this Coverage Part, including all persons or organizations added as additional insureds under the specific additional insured coverage grants in Section F. — Optional Additional Insured Coverages. a. Vendors Any person(s) or organizations) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" cr "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make ki the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (H) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does net apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b, Lessors of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or EVIE` �'tnd advertising injury" �f � d, ' hblo or in part, by your maintenance, operation or use of f- e ui based you by such PAGE. _ {,L OF n n Fare 12 of 24 Form S5 QQ Qt3 0405 City Council 20 — 27 11/21/2023 (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that er;luiprnerzt. c, Lessors Of Land Or Pramise:s (1) Any person or organization from whom you lease lane{ or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or BUSINESS LIABILITY COVERAGE FORM e, Permits Issued By State Or Political Subdivisions (1) Any state or political subdivisior7, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily irijury" "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products - completed operations hazard". f. Any Other Party (b) Structural alterations, t)ew (1) Any other person or organization who construction or demolition is not an insured under Paragraphs n. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or ornissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "porsonai on your behalf: and advertising injury" caused, in whale (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf, owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only If you or on your behalf. (I) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not ki o (ii) This Coverage Part provides bodily injury", "property dar€VIEWED coverage for "bodily injury" or "personal and advertising qproperty damage included arising out of the rendering of or the within the "products - failure to render any pro€si completed operations hazard", services by or for you, inr,IucliP G E 1:" OF (2 colt to the insurance afforded (a) The preparing, approving, or to mere additionaf insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property .damage" or reports, surveys, field orders, 1 d d r+; change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. € persona an a ve sing mtury arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: ..... .......... ......... ....... ..... . - Form SS 00 08 04 05 Pane 13 of 24 City Council 20 — 28 11/21/2023 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications, or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section b. • Limits Of insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. -- Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arisinr out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2,za. or 2.16 above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" Is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by Fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds b. Damages because of all other "bodily The most we will pay on behalf of a person or injury', property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations.] j written contract, written agreement or 1 ! ji D permit issued by a state or political This General Aggregate Lima app 1 separately to each of your "locations" subdivision; or owned by or rented to yo e _ emits of Insurance shown in the "Location" means premise �� ratians, same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. .... .. .... 42aqg 1A of ?d Form SS 00 00 04 05 City Council 20 — 29 11/21/2023 If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay Linder this policy and the endorsements is the .single highest limit of liability of all coverages appdcable to such claim or "suit". However, this paragraph does not apply to the Medical Exponses limit set forth in Paragraph 3. above, The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a, Notice Of Occurrence Or offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. In. Notice of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: BUSINESS LIABILITY COVERAGE FORM (1) Immediately send us copies of any demands, notices, summonses or legal papers received In connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's own Cost No insured will, except at that insured's own cast, voluntarily make a payrrient, assume any obligation, or incur any expense, other than for first aid, without our consent, e. Additional Insureds Other insurance If we cover a ciuim or "suit" under this Coverage Part that may also be covered by other insurance avaifable to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and 1 f BY Any "executive officer" or insurance (2) Notify us as soon as practi a V 6hanager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written trustee, if you or an additional claim or "suit" as soon as pra E O F n red is a trust; or Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additi nai insured is a olitical You and any other involved insured must: o p subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 City Council 20 — 30 11/21/2023 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3, Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the Extent of the coverage and limits of insurance required by that law. h. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no -Fault or other coverage required by any motor vehicle law, We vvill provide the required limits for those coverages, 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with, A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement rneans a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative, (3) We have issued this policy in reliance upon your representations, b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we; shalt not deny any coverage under this Coverage Part because of such failure. 7. Othor Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. if other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insuranco This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Guilder's Risk, installation Risk or similar coverage for "your work'; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damage" to premises rented and any rights or duties specifically assigned in this policy to the first Named Insured, this w you or temporarily occupied by you insurance applies: with permission of the owner; a. As if each Named Insured wen ftrglyr l rcrAft, Auto Or Watercraft Named Insured; and t WED s arises out of the maintenance b. Separately to each insured against w1w Id-ie.1o, usof aircraft, "autos" or watercraft to ,� t nt not subject to Exclusion g, of a claim is made or "suit" is brought, �" "" 1^' � � A. —Coverages, Fi. Representations PAGE (5) property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. Coverages. oa-e 1fi off Form cc nn nR 0405 City Council 20 — 31 11/21/2023 (6) When You Are Added As An Additional Insured To Oth©r Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured, However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part; (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c, below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insureds own insurance, this insurance is primary and we will not seek contribution from that other insurance, BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over otf er insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sure of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- in,,ured amounts under ail that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bougf t specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicabie limit of insurance to the total applicable lirnits of insurance of all insurers. 8. Transfer Of Rights Of recovery Against Others To Us a, Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. ether insurance to which the additional Of Rights Of Recovery (Waiver insured has been added I Y b rogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will y against any person or have no duty under this Coverage � itppiementary or all or part of any payment, defend the insured against any 's r ing Payments, we other insurer has a duty to deed e have made under this Coverage. Park, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Farm L 00 630405 pace 17 of 24 City Council 20 — 32 11/21/2023 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured . Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C, is If listed or shown as applicabla in the Declarations, amended to include as an additional insured ore or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you, by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does rot apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations, These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "properly damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declaratiors, but only with respect to liability person(s) or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" Caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any 'occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured . Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a, WHO IS AN INSURED under Section C. is 2. Additional insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or crganization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured — Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organizations) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designatod Person Or Organlzatien; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of b. With respect to the insurance afforded to the premises leased to you and shown in the these additional insureds, the following Deciaratiors, additional exclusions apply: b. With respect to the insurance affordod to these additional insureds, the following This insurance does not apply to; additional exclusions apply: (1) Any "occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or aalterations, new „ 2)�Yruottfui`ct�on or demolition operations (1) Any `occurrence which kalces�� after you cease to be a tenantAt premises; orrmed by or on behalf of such person or organization. (2) Structural alterations, new It r d - State Or Political construction or demolition o t' j behaIfpo� E.-t- ,n ertrrits performed by or on person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Pno, 18 of 2.4 Form SS 00 08 04 05 City Council 20 — 33 11/21/2023 € USINESS LIABILITY COVERAGE FORM Insured — State Cr Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit, make in the usual course of b, With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed (9) "noddy injury", "property damage" or at the vendor's premises in "personal and advertising injury"" connection with the sale of the arising out of operations performed for product; the state or municipality; or (9) Products which, after distribution (2) "Bodily injury" or "property damage" or sale by you, have been labeled included in the "product -completed or relabeled or used as a operations" hazard. container, part or ingredient of any 7. Additional Insured — Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as - an ad0lonal (h) "Bodily injury" or "property insured the person(s) or organizations) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf, However, this "your products" which are distributed or exclusion does not apply to; sold in the regular course of the vendor's (�r ) The exceptions contained in business and only if this Coverage Part Subparagraphs (d) or (f); or provides coverage for "bodily injury" or "property damage" included within the (ii) Such inspections, "prod u cts-comp iete d operations hazard". adjustments, tests or servicing as the vendor has agreed to b. The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to; business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products, obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement, whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured -- Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional. insured in the product made intentionally by the vendor; the rso rorganization(s) shown in the fir ti % an Additional Insured — (d) Repackaging, unless unpaoRE tro ling Interest, but only with respect to solely for the purpose of inspeofion, their liability arising o t of: demonstration, testing, or the 9 trot of you; or substitution of parks u rr,�, v �y own, maintain or control instructions from the manufact�� while you lease or occupy these premises. and then repackaged in the original container; 1:r,r� Gg (in ns na or, PnoA 19 of 24 City Council 20 — 34 11/21/2023 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural alterations, new construction and dernolition operations performed by or for that person or organization, 9. ,Additional Insured — Owners, Lessees Or Contractors Scheduled Person Or Organization a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injLiry" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations for the additional insured(s); or (2) In connection with "your work" performed for that additional insured and included within the "products - completed operations hazard", but only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". b, With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury", "property damage" or "personal an advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and sperifications; or (2) Supervisory, inspection, architectural or engineering activities. 10. Additional Insured — Co�Owner Of Insured Premises The limits, of insurance that apply to additional insureds are described in Section D, — Limits Of Insurance. How this insurance appiies when other insurance Is available to an additional insured is described in the Other Insurance Condition in Section B. — Liability And Medical Expenses General Conditions. G, LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1, "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale oi` goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; b. The Internet, but only that part of a web site that is about goods, products or services for the purposes of Inducing the sale of goods, products or services; or c. Any other publication that is given widespread public distribution. However, "advertisement" does not include; a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or h. An interactive conversation between or among persons through a computer network. 2, "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or seml-trailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 5. 'Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organizations) sh� ®� p de Declarations as an Additional Insu �v " Owner Of Insured Premises, but only with,- - sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. Co g i ry" means: Pn[qr4 9n of 2d Form SS 01) AD 04 05 City Council 20 — 35 11/21/2023 7&WRJ CERTIFICATE CIF LIABILITY INSURANCE � 4ATLIfYYYY1 �- 1 22/1 11212z/zo1 a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFER, NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certiflcate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or he endorsed, If SUBROGATION IS WAIVt=D, subject to the terms and condit4ons of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER CONTACT NAME: Risk Management Department Commercial Lines # .C#v.Eattl' 86&.443-8489 _. �. G Hale 800-889-g021 U91 Insurance Sorvices National, Inc, ADDRE38: worlccomp@trinet.corri 2601 South Ciayshore Drive, Suite 1fio0 ._.... .........._I... ...._....... __._........_............... .......... IN&UR5RIl AFFORDING C(}VER_AG_E NAIC it Coconut Grove, FL 33133 INSURERA: ACE American Insurance Companv _ -- 22667 INSURED - INSURER a: TriNet HR III, Inc. ---"��"-""""��'°""�'"•""•"" —�----�""'"µ INSURER 0: L/C/F Sedaru, Inc. FKA ID Modeling, Inc, INsugFRn;- 9000 Town Center Parkway UJSURER a : Bradenton, FL 34202 INSURER F: j COVERAG15S CERTIFICAT5 NUM13FRI 13717410 ul I"RPR. CAa hPln, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN issurr) TO THC INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMaNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED CR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILFR�`- TYPF OF INSURANCE iADpI..i5U9R �` poiICYNUMBtR mmmm — NFM1pOG31YYYY MrOfiIDpIYYYY LIMITS -- OOMMERCIAL GENERAL LIABILITY ! F CLAIMS -MADE ��., OCCUR I ! i.__._.�_.._.... EACHOCCURRENCE $ Af11'1�C3�'7tl'"fasNYto............................._.........................-,._ ..._. pREMICEB (Ea occurrence rv1En FiSP IA11 PP_E Pef50f1) _._..I_....M»..»»»,«„»„».».,.,».»»..»............ I {� PERSONAL & ArW INJURY ! ! J] GENT AGIORFOATE LIMIT APPLIES PER: €{[ �..� POLICY JECI• LOC OTHER: — GEN"RAIAGGREGATE s PRODUCTS - COMPYOPAGGPR AUTOMOBILE LIABILITY ! II�—. � C dIBIN .D SINCyLE LIMllT I5 Ea acaden! I ANY AUT6 44L,,..... BODILY INJURY (Per parson) $ ..., OWNED ;SCHEDULED AUTOS ONLY !AUTOS HIRED , NON -OWNED AUTOS ONLY ; AUTOS ONLY � BODILY iNJl1RY {Per acclrlelti} S PROPERTYDAMAGE S € Per acPldsnf i5 I 1 I ! UMORELLALIAR t OCCUR 1 EXCESS LIAR I ! CLAIMS -MADE° ! M � EACH OCCURRENCE S AGGREGATE S S DED RETENTIONS � WORKERS COMPENSATION ! A AND EMPLOYERS'LIABILITY YIN j WLR C65449134 ANYPROPRIE'rONIPARTNERffEXEOUTIVE OFMCEWMIEMBEREXCLUDED7 F NIA' (Mandatory Qt NH) Ir as, describE under D�uCRIPTION OP CSPERATIONS haiOw I 711120'10 71112019 R p N• [ X STATUTE ER = E.l.. EACH ACC1DENi is 2,000,tl00 _....»...,. EL. DISEASE - EA EMPLOYEEI S 2,000,000 E.L. D151*ASE- POLICY LIMIT j 5 2,BOtl,tlOP I i I ! [fj DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD I ' ' s ? , c or space is required) Workers Compensation is limited to worksite employee a r I�rltleInrrs a co -employment contract with TriNot HR ill, Inc. PAGE OF City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS, Ross Annex (M-22 Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE (/�j The ACORD name and logo are rogisterod marks of ACORD Q 19OU-2015 ACORD CORPORATION, All rights reserved. ACORD 2512016103) - .,........ ............ ....... ...... ......... City Council 20 — 36 11/21/2023 ACORD 25 (2016/03) SEDAINC-01 DAWNPHILLIF CERTIFICATE OF LIABILITY INSURANCE DATEIMM/DDI(YYY) 01 /23/2019 THIS CERTIFICATE I5 iSSUEd AS A MATTER pF INFORMATION ONLY AN❑CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW- THIS CERTIFICATE OF INSURANCE dOES NO7 CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(S}, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIDNAL INSURED, the poltcy(ies} must have ADDITIONAL INSURED provisions or be endorsed, if SUBROGATION IS WAIVED, subject to the terms and conditions of the policycertain policies may require an endorsement. this certificate does not confer rights to the certificate holder in lieu of such en , ement(s). A statement on PRODUCER CONTACT Angela Merideth NFP Property & Casualty Services, Inc. PHONE FAX 1551 North Tustin Avenue lac, No. Ext); (A)C, No): (714) 975-8966 Suite 5 E-MAIL Santa Anna, CA 92705 SS_ angela.merideth@nfp.com INSURERS) AFFORDING COVERAGE NAIL # INSURER A: Sentinel Insurance Company Ltd 11000 INSURED INSURER B : Hartford Accident and Indemnity Co 22357 Sedaru, Inc. INSURER C:Admiral Insurance Company 24856 168 E. Arrow Hwy, Suite 101 INSURER D : San Dimas, CA 91773 INSURER E : INSURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS_ OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS._ R POLICY NUMBER TYPE OF INSURANCE ADDL56 SUHR rPOLICY I POLICY I LIMITS R O t X COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE 5 CLAIMS -MADE X OCCUR X X 72SBABA9623 01/06/2019 01/06/2020 DAMAGE TO RENTED 1,000 000 PREMISE GENT AGGREGATE LIMIT APPLIES PER' X POLICY PRO- JECT AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY - A J S ONLY X X 72UECPX8358 A UMBRELLA LIAR X OCCUR EXCESS LIAR _ CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIMBERf EXCLUDED? (M. ICERlM in Ni EXCLUDED? N ! A {Mandatary In NH) If yes, describe ender DESCRIPTION OF OPERATIONS below C E&O/Professional Lia 72SBABA9623 01 /06/2019 01 /06/2020 - 5 {Ea occurrence) 5 _ ME EX? (Any one_person) $ __ PERSONAL & ADV INJURY $ GENERAL AGGREGATE g PRODUCTS -COMI AGG S CUMBINEO SINGLE LIMIT (Eaacoidena)_ - $ BODILY INJURY (Per person) S BODILY INJURY (Per accident) _ S PROPERTY DAMAGE (Per accident) _ g 11 10,000 1,000, 000 2,600,000 {/ 2,000,000 1, EACH OCCURRENCE S 2,000,000 01/06/2019 01106/2020 AGGREGATE 2,000,000 PER OTH- STATUTE _ ER _ E.L. EACH ACCIDENT g E, L. DISEASE - EA EMPLOYEE $ 8 08/30/2019 Per Ciaim ,000,0001 1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORO 101, Additional Remarks Schedule, may be allached if more space is required) If required by written contract, The City, its elected or appointed officials, boards, agencies, officers, agents, employees and volunteers are Included as Additional Insureds with Prima I o I ontributory wording and Waiver of Subrogation as respects General Liability per Endorsement SS00080405 attached. If required by written contract, The City, its elected or appointed officials, boards, agencies, officers, agents, employees and volunteers are Included as Additional Insureds with Primary/Non-Contributory wording and Waiver of Subrogation as respects Auto Liability per Endorsement HA99160312 attached. 30 days notice of intent to cancel policies will be provided subject to 10 days notice for nonpayment for General Liability per endorsement SS12230611 and as respects auto liability per endorsement 1H03130611 attached. REVIEWED BY: CERTIFICATE HOLDER ., City of Santa Ana Attn: Water Resources (M-85) 220 S. Daisy Avenue Santa Ana, CA 92703 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVPAI Pii BE THE EXPIRATION DATE THEREOF, Nb71CIE--i ACCORDANCE WITH THE POLICY PROVISIONS. All rights reserved. 7111 City Council 20 — 37 11/21/2023 A�RrO AGENCY CUSTOMER ID: SEDAINC-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE DAWNPHILLIPS Page 1 of 1 AGENCY NAMED INSURED NFP Property & Casualty Services, Inc. p Y Y Sedaru Inc. 168 E. Arrow Hwy, Suite 141 $an Dimas, CA 91773 POLICY NUMBER Los Angeles EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 FFFECTIVEDATE; SEE PAGE 1 Kt%a THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance CONTRACTUAL INSURANCE REQUIREMENTS The attached Certificate of Insurance is provided as part of our service to our client, the insured. If special endorsements have been provided, they also are indicated attached. You may find that these documents do not comply with all the terms and conditions of the underlying contract between the Certificate Holder and the insured due to the Insurance Company's insuring conditions, limitations, exclusions and other terms. If you have any questions, please contact the undersigned. NFP Property & Casualty Services Inc. CA License OF15715 1551 N. Tustin Ave., Suite 500 Santa Ana, CA 92705 Telephone: 714-505-555D Fax: 714-975-8966 �L_ IL V`LC1Y. pK r ACORD 101 (2008101) p 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City Council 20 — 38 11/21/2023 2,ofb-?7 Policyt#72UECPX8358 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the fallowing additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. 1f this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. Form IH 03 13 06 11 If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. O 2011, The Hartford Page 1 of 1 i• LVEVVED BY: 3 _ ' `; F 1_`_I - City Council 20 — 39 11/21/2023 74 , _)-v( e- - ;?- `7 `a Policy#72SBAAJ77C6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the toflowing additional Corditions: A. If this policy is cancelled by the Company, other than for Port -payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective data to the certificate holder(s) with mailing addresses on We with the agent of record or the Company, B. If this policy is cancelled by the company for non-payment of premium, or by the insured, notice of such cancellation will be provided within len (10) days of the cancellation effective date to the certificale holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the Iasi known rnailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Form SS 12 23 06 11 Page f of 1 C 2011. The Hartford REVIEWED BY. if -2-3 1,9 PAGE 0 Fes_ City Council 20 — 40 11/21/2023 Policy#72UECPX8358 COMMERCIAL AUTOMOBILE HA99160312 THIS ENDORSEMENT CHANGES THE. POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSfNESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that Is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily Injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A. 1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs, C. Lessors as Insureds Paragraph A.1, - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a teased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section 11 - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." C72011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 1J i E V l/ U E-51 OF_ ii City Council 20 — 41 11/21/2023 (A- , 2-01,& - z-7 The insurance afforded to any such E. Primary and Non -Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in I.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary it you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non -Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. When this insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against at[ insured must submit such claim or "suit' those other insurers, to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of. written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own Insurance. (2) The total of all deductible and self -insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suit or Loss We will share the remaining loss, if any, by the If you have agreed in a written contract method described in Other Insurance 5.d. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. )2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5 �- VIEWED BY: - / ! City Council 20 — 42 11/21/2023 If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION it - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit, The most we will pay for "loss" to any hired ""auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This Extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOANILEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legat obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B_ EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs BA - EXCLUSIONS - of SECTION Ill - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c, and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "lass", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties. Inc., with its permission.) Page 3 of 5 REVIEWED BY: ,t z3It� P.A G E --J- City Council 20 — 43 11/21/2023 fl , 2-v1t6 • z n s5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b. Section I I I — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1.500 is the most we will pay for "toss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss". is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2,a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c, For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you, 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) if the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deducfible, 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTtES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, If you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDfTIONS is replaced by the following: e For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured`s" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D. - DEDUCTIBLE -of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following; following is added: O 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 REVIEWED BY: City Council 20 — 44 11/21/2023 A " 2-aI�3, 5- We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DE.FINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these_ 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows; If we cancel for any reason other than nonpayment of premium, we will mall or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation, 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the ",non -hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000, For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: in addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the lime of total loss, Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 1` 4_ V 1,' is City Council 20 — 45 11/21/2023 A - 2vie6•-;:'--757 Policy# 72SBAAJ7706 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c, Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to- a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. Additional Insureds When Required By Written Contract, Written Agreement Or Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through L below are additional or form the organization or the end of the R E, f� h_atireed, in a written policy period, whichever is earlier; and v � �• Form SS 00 08 04 05 z-c� (�� ?/r '7 age 11 of 24 P ;E-L2 OF t City Council 20 — 46 11/21/2023 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit, with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in additional insured under this provision if such connection with the sale of the person or organization is included as an product; additional insured by an endorsement issued (9) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "bodily injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone else or sold in the regular course of the vendor's acting on its behalf. However, this business and only if this Coverage Part exclusion does not apply to: provides coverage for "bodily injury" or ('r) The exceptions contained in ""property damage" included within the Subparagraphs (d) or (f); or "products -completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in (a) "Bodily injury" or "property connection with the distribution damage" for which the vendor is or sale of the products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement whom you have acquired such products, This exclusion does not apply to or any ingredient, part or container, liability for damages that the entering into, accompanying or vendor would have in the absence containing such products. of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for "bodily in the product made intentionally injury", "property damage" or by the vendor; " personal and advertising injury" (d) Repackaging, except when caused, in whole or in part, by your unpacked solely for the purpose of maintenance, operation or use of inspection, demonstration, testing, equipment leased to you by such or the substitution of parts under person or organization. instructions from the manufacturer, and then repackaged in thej original container; �� t \ WED By. Page 12 of 24 -A✓f1t rm 8!�{035 City Council 20 — 47 11/21/2023 A- _ 2-C)1-5 - 2 757 (2) With respect to the insurance afforded to these additional insureds, this insurance does not appiy to any "occurrence" which takes place after you cease to lease that equipment. c, Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any 'occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf - (a) In connection with your premises; or (b) In the performance of your ongoing operations performed by you or on your behalf. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "Personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products - completed operations hazard". Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products - completed operations hazard", but only if (1) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "'products - completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "'personal and advertising injury" arising out of the rendering of, or the failure to render, any professional RE/I c s Ir aq 13ilia.orsurveying PAGE ! OF �`�% 13of24 City Council 20 — 48 11 /21 /2023 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. - Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. - Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LiMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits"_ 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "'property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This Genera# Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. Page 14 of 24 A - 2-(D(;5 . 2--7 s' This General Aggregate limit, does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.11b, above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises 'Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in I� E 1 /[�7 c r irmffda c ibed in this Section. - FI SS 0A 04 05 City Council 20 — 49 11/21/2023 E It more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You ar any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must.- (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable_ You or any additional insured must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you LL 1 ! or an additional insured is a political (� L V I LCC VVEIDor p3yi entity. % �3igag,15of24 City Council 20 — 50 11 /2 72023 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative_ 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy A- - 24r,9 • �)--75 (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shalt not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below, b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extcnded Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft tf the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. — representations you made to us; and � E V I E v'VCoueratey. LC_ BY: Page 16 of 24r�r 4S 00 08 04 05 City Council 20 — 51 _ 2023 A '2�0I13 2�-75 (5) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance: or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured - BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under al! that other insurance - We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover al! or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other insurer defends, we will undertake to do also waive that right, provided the insured so, but we will be entitled to the insured's waived their rights of recovery against such person or organization in a contract, rights against all these other insurers. /� e t or permit that was executed E 1/'VEr h i i jury or damage. Form SS 00 08 04 05 / ;2-3 Page 17 of 24 City Council 20 — 52 11/21/2023 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations, but only with respect to liability for "bodily injury", "property damage" or "'personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. a. In the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Designated Person Or Organization; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such 3. Additional Insured - Grantor Of Franchise WHO IS AN INSURED under Section. C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. 5. Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 6. Additional Insured - State Or Political Subdivision — Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision ir[Cjt k Reclarations as an Additional E j, /� / E� Page 18 of 24 � `� 1 /y I Form SS 00 08 04 05 ` 0 F f7„ O F—L,.2_ City Council 20 — 53 11/21/2023 Insured — State Or Political Subdivision - Permits, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a perm)t, b. With respect to the insurance afforded to these additional Insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included in the "product -completed operations" hazard. 7. Additional Insured —Vendors a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) (referred to below as vendor) shown in the Declarations as an Additional Insured - Vendor, but only with respect to "bodily injury" or "property damage" arising out of ""your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". b. The insurance afforded to the vendor is subject to the following additional exclusions: (1) This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container: Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury' or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured — Controlling Interest WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Controlling Interest, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. LEVIEWED BY: irTLt�I'__L�3�1 Page 19 of 24 City Council 20 — 54 11/21/2023 A- ' 2- 0-I 13- Z`75 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: ) Billboard; ((3) (1) In the performance of your ongoing Magazine; operations for the additional insured(s); or (5) Newspaper; (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: "products -completed operations hazard". a. The design, printed material, information b. With respect to the insurance afforded to or images contained in, on or upon the these additional insureds, this insurance packaging or labeling of any goods or products; or does not apply to "bodily injury", "property damage" or "personal an advertising b. An interactive conversation between or injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi -trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co -Owner Of Insured "mobile equipment"'. Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the Declarations as an Additional Insured — Co - c, Disease Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means: , EVIEWED BY: Page 20 of 24 'r��'' _ /�� 3/! I Form SS 00 08 04 05 City Council 20 — 55 11/21/2023 DocuSign Envelope ID: C7ABOA53-9C38-47FD-9E6A-6DOA05493B55 EXHIBIT SECOND AMENDMENT TO AGREEMENT WITH SEDARU, FORMERLY KNOWN AS ID MODELING. INC.. TO PROVIDE WATER SYSTEM COMPUTER MODELING AND ENGINEERING SERVICES THIS SECOND AMENDMENT to the above -referenced agreement is entered into on November 21, 2023, by and between Sedaru, formerly known as ID Modeling, 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. The parties entered into Agreement No. A-2018-275 ("Agreement") dated December 4, 2018, to retain a qualified contractor to provide water system computer modeling and engineering services, including the design and creation of a water system computer model. B. On November 4, 2021, the parties executed the sole two (2) year extension. Therefore, the Agreement is in full force and effect through December 3, 2023. C. On April 4, 2023, the Parties entered into a First Amendment to the Agreement (A-2023- 052) to increase the compensation under the Agreement due to an unanticipated increase in volume of development plan submittals. D. On September 21, 2023, the City's Public Works Agency ("PWA") received a written notice from Contractor informing PWA the Sedaru software platform contemplated by the Agreement would no longer be supported after June 30, 2024. E. The Parties now wish to amend the Agreement to extend the term of the Agreement to allow PWA to finish existing projects, download data and information, and transition to another software platform. The Parties therefore agree: 1. Section 3, Term, shall be amended to extend the term of the Agreement through June 30, 2024. 2. Except as modified by this Second Amendment, all terms and conditions of the Agreement shall remain in full force and effect. (signature page follows) Page 1 of 2 City Council 20 — 56 11/21/2023 DocuSign Envelope ID: C7ABOA53-9C38-47FD-9E6A-6DOA05493B55 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. Jennifer L. Hall City Clerk RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency Steven A. Mendoza Acting City Manager CONSULTANT Doc Signed Signe Id by: 11 V V (J4ViC-L"- Name: ony u rich Title: Senior Sales Manager, North American Account Ma Page 2of2 City Council 20 — 57 11/21/2023 Public Works Agency www.santa-ana.org/public-works Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Waste Discharge Compliance Services AGENDA TITLE Amend Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services by an Additional $250,000 for the Remainder of the Agreement Term (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a first amendment to the agreement with EEC Environmental for Waste Discharge Requirement compliance services to increase the total amount by $250,000 for the remainder of the term, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On January 19, 2021, at the conclusion of a competitive bidding process, the City Council awarded a three-year agreement, with the provision for one two-year extension option, to EEC Environmental (Exhibit 1) to provide waste discharge requirement compliance and general environmental compliance services for the Public Works Agency's Water Resources Division (Water Resources). Water Resources is committed to providing a high -quality sewer collection and conveyance system that is in compliance with the waste discharge requirements (WDR) adopted by the State Water Resources Control Board. To maintain this level of service delivery, consultant services are needed to assist staff with key WDR mandated programs including Sewer System Management Plan (SSMP) auditing, maintenance optimization, sewer system investigations, Fats, Oils and Grease (FOG) control program implementation, along with providing expertise and support in a wide range of compliance programs such as potable water monitoring and National Pollutant Discharge Elimination Systems (NPDES) requirements. During the agreement term, the State adopted new Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, Water Quality Order No. 2022-0103-DWQ (Sanitary Sewer Systems General Order) in December 2022. The order requires public agencies that own or operate sanitary sewer systems to develop and implement sewer City Council 21 — 1 11/21/2023 Waste Discharge Compliance Services November 21, 2023 Page 2 system management plans and report all sanitary sewer spills to the State Water Board's online California Integrated Water Quality System (CIWQS) Sanitary Sewer System Database. Water Resources has relied on EEC Environmental to help guide the City in ensuring that all reporting requirements are being met. Additionally, since the original agreement was awarded, the demand for FOG inspection and WDR compliance services has increased as the number of food service establishments in the City continue to grow. FISCAL IMPACT Funding is available in the FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. Accounting Fund Accounting Unit, Fiscal Year Unit — Account Description Account Description Amount 05617640- Sanitary Sanitary Sewer Service, FY 23-24 62300 Sewer Contract Services- $100,000 Service Professional 05617640- Sanitary Sanitary Sewer Service, FY 24-25 62300 Sewer Contract Services- $100,000 Service Professional FY 25-26 05617 Sanitary Sanitary Sewer Service, (July — Sewer Contract Services- $50,000 January)623000 Service Professional Total $250,000 EXHIBIT(S) 1. Agreement A-2021-009 2. Agreement amendment with EEC Environmental Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager City Council 21 —2 11/21/2023 EXHIBIT CM t U,)t� 0) ( lrm 1%k (tVS)F7A AGREEMENT TO PROVIDE WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES A-2021-009 THIS AGREEMENT is made and entered into this 19th day of January, 2021 by and between EEC- Environmental ("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 July 8, 2020, the City issued Request for Proposal No. 20-089, by which it sought a qualified consultant to provide waste discharge requirements compliance services and general environmental compliance services for the Water Resources Division of the Public Works Agency. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 20-089. 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: I. SCOPE OF SERVICES Consultant shall perform the services described in the scope of work that was included in RFP No. 20-089 and that is attached as Exhibit A, and as further delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. COMPENSATION 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 B. The total annual sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $360,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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. Page 1 of 8 City Council 21 — 3 11/21/2023 3. TERM This Agreement shall commence on the date first written above and terminate on January 1.8, 2024, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 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. 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 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. Paize 2 of 8 City Council 21 — 4 11/21/2023 7. 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 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. C. 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. Page 3 of 8 City Council 21 — 5 11/21/2023 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. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless 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 subcontractors, 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 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. 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. 10. 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 Page 4 of 8 City Council 21 — 6 11/21/2023 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. 11, 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. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. 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 Executive Director Public Works Agency Page 5 of 8 City Council 21 — 7 11/21/2023 City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: EEC Environmental One City Boulevard West, Suite 1800 Orange, CA 92868 Attn: Jim Kolk, Principal Engineer 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 aver 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. 14. 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 condition's 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. 15. 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. 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 Page 6 of 8 City Council 21 — 8 11/21/2023 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. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions; a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. 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 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. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROPESSIONAL 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. Page 7 of 8 City Council 21 — 9 11/21/2023 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 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: , Mn M. Funk Senior Assistant City Attorney RECOMMENDED FOR APPROVAL 0, i Nabil Saba, Pt Executive Director Public Works Agency CITY OF SANTA ANA Kn� Ridge City Manager CONSULTANT Name: Jim Kolk Title: Principal Engineer Page 8 of 8 City Council 21 — 10 11/21/2023 EXHIBIT A CITY OF SANTA ANA RFP NO.: 20-089 WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES A. Introduction The Water Resources Division of the Public Works Agency is committed to providing the highest quality drinking water systems and sewer collection and conveyance systems. To pursue this mission, the Water Resources Division is issuing this Request for Proposal (RFP) for Waste Discharge Requirement (WDR) and Environmental Compliance Services to assist City staff in implementing key mandated programs, including the FOG control program outlined in the City's Sewer System Management Plan (SSMP) and as adopted in the Santa Ana Municipal Code Chapter 39. Continuous and timely interaction with our customers, particularly the food service establishment (FSE) community, is paramount to the successful control of FOG in the sewer collection and conveyance system. The work that will be performed by the selected Consultant is essential to the City's ability to effectively control FOG in the sewer collection and conveyance systems, as well as maintaining compliance with key regulatory programs. B. Background & Description The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.2 square miles and a population of 332,318 people. There are approximately 1,000 FSEs and about 250 are equipped with Grease Removal Equipment (GREs) that require regular FOG control inspections. The Water Resources Division is a part of the City's Public Works Agency and oversees and maintains the daily operations of the public water system and sanitary sewer system. The City of Santa Ana's water system is comprised of approximately 478 miles of water main, 45 MG of storage at 5 sites, 7 Metropolitan Water District connections, 21 groundwater wells, 7 pump stations, 4 pressure regulating stations and utilizes 2 pressure zones. The City's sanitary sewer system has approximately 9,000 manholes, 400 miles of sewer mains and 2 lift stations. The sewer system collects all sewage and transports it to the Orange County Sanitation District for treatment. The Water Resources Division administrative and engineering section is tasked with overseeing the implementation of WDR and other Environmental compliance programs. C. Work Description The selected Consultant will provide WDR/SSMP compliance services, FOG Program management services, FSE & GRE inspections, Environmental compliance services, program information and outreach, expert review and advice to City staff, maintain maps, records, and an array of related technical support services. The Core Requirements and Deliverables are listed below and represent the central work efforts the Consultant will be responsible for performing. D. Core Requirements and Deliverables (Stated Fee basis) Consultant shall provide the following deliverables in accordance with established procedures as dictated by the Program Manager or designee. Turnaround time shall not exceed thirty (30) calendar days per assignment unless otherwise specified by the Program Manager or designee. The Consultant is expected to be knowledgeable in environmental protection and treatment, especially as it relates to sewage systems, FOG control, as well as public water systems. City Council 21 —11 11/21/2022ge 1 of 10 CITY OF SANTA ANA RFP NO.: 20-089 WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES Waste Discharge. Requirements (WDR) and Sewer System Management Plans (SSMP}. The consultant shall be knowledgeable with the State's environmental compliance regulations including the Sanitary Sewer System Waste Discharge Requirements issued by the Water Resources Control Board. The consultant shall provide environmental compliance services including: • Performing the City's SSMP Audits as required by the WDR regulations, assessing the effectiveness and performance of key WDR programs, and preparing a report of the findings and recommendations. • Preparing City's 2024 SSMP update as required by the WDR regulations utilizing the 2019 SSMP update and 2017 SSMP audits as foundations. • Providing quarterly WDR training and advising City staff on emerging issues, revisions and additions to the SSS WDR. • Provide updates and training on SSO contingency plans for the City's sewage lift stations. • Providing SSO response support, including data analysis, volume estimating, reporting, etc. • Develop a sewer system maintenance (cleaning) program and schedule which prioritizes sewer main . cleaning based on parameters such as topography, condition of pipe, flow characteristics and historical inspection analyses. The proposed sewer maintenance program will optimize cleaning frequencies and resource deployment. Deliverables will include cleaning program maps in PDF format and in GIS format compatible for use with the City's infraMAP software. 2. FOG Program Management. The Consultant shall collect, organize, and manage the FOG control program data. The current and existing database shall be maintained and updated. The Consultant shall provide monthly inspection reports and include the following: number of inspections made during the period, findings (i.e. out of compliance, follow-up inspections, etc.), provide recommendations and assist the FOG Manager with follow up documentation and technical expertise. The Consultant shall coordinate meetings with the FOG Control Program Manager to evaluate and prioritize required activities. The Consultant shall be available during normal working hours, after hours and weekends to provide assistance as required. The consultant must be able to maintain the FSE inventory and maintain a schedule that prioritizes FSE inspection frequencies based on FOG production, compliance history, elevated maintenance location relationships, and SSO history. City Council 21 — 12 11/21/20122ge 2 of 10 CITY OF SANTA ANA RFP NO.: 20-089 WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES The Consultant shall coordinate with the City to establish all inspection schedules and tasks related thereof. These schedules will be coordinated in conjunction with City Staff and FOG inspectors. Additionally, the consultant shall provide outreach material, educate and train City personnel performing Food Service Establishment (FSE) Inspections. The Consultant shall be able to append Orange County Health Care Agency National Pollutant Discharge Elimination System (NPDES) inspection data into the City's geodatabase for analysis and to identify necessary NPDES follow-up inspections. The Consultant must have specific knowledge of current and pending MS-4 requirements and be able to integrate storm -water inspection elements into the FSE inspection process. The City uses infraMAP software to collect, and to manage FOG data along with ArcGIS software. The Consultant must have expertise using these software packages. The Consultant shall be able to conduct, obtain, and analyze data from different sources to ensure and provide an up-to-date inventory of food facilities within the City and shall be able to integrate these data into the City's FOG database. The City's inspection process leverages wireless technology for all field inspection activities. Consultant must be familiar with mobile data acquisition systems including hardware, operating systems, software, network structures, and evolving technologies. The Consultant shall provide oversight and administration support of the FSE inspection program. The Consultant shall work with the FOG Control Program Manager to develop and implement FOG related initiatives such as: residential FOG disposal education outreach program, BMP's educational outreach to FSE owners and -distribute FOG related material like pamphlets, and DVD's. In addition, the Consultant shall perform evaluations and develop performing measures to FOG related chemical and biological additives used for FOG. The Consultant shall have vast experience and expertise on grease control devices (GRD's) and FOG control measures and or additives. The Consultant shall provide upon request reports and facts for and advice the City on grease control devices. These reports are not limited to size, design, maintenance practices, but shall provide an entire overall perspective of this devices and wide use of in the food service industry. The consultant must be able to manage pictures, GRE requirement documents, permits, and other documents for all FSEs and make those documents accessible through the mobile map interface. Consultant shall review City Municipal Code and provide recommendations for program modifications or enhancements Consultant shall conduct site assessments of FSEs to determine or evaluate GCD retrofit options Food Service Establishment (FSE) Inspections and Enforcement. City Council 21 — 13 11/21/20A-4;e 3 of 10 CITY OF SANTA ANA RFP NO.: 20-089 WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES The consultant shall physically inspect each FSE in the City as determined by the FOG Control Program Manager or its designee. The consultant shall provide educational information and Best Management Practices (BMP's) information to the FSE facility owner/manager in charge at the time of inspection. In addition, the Consultant shall coordinate, establish work schedules and provide educational and training information to City personnel as necessary and required upon City request. The Consultant shall prepare and provide a summary of the FSE inspection to the owner/manager in charge. This handout shall be in English and Spanish. Inspection Categories: Permitting Inspections- These are comprehensive initial inspections of new and or remodeled FSE's. The purpose is to identify the type of food, equipment and kitchen practices that could contribute FOG to the sewer system. FSE's are provided with educational education on FOG program compliance and BMP's. The Consultant will be required to educate and provide this information to the FSE's at the time of the inspection. • Grease Removal Equipment (GRE) Inspections- These inspections are conducted to evaluate compliance with a facility's grease removal equipment requirements. The inspections should be comprehensive in support of potential future enforcement efforts where necessary and should include measuring FOG content of each chamber of all GREs. • Best Management Practices (BMP) Inspections- These are inspections to determine the compliance with all required kitchen BMP's. These should include a thorough survey of kitchen facilities. Additional, education material shall be provided to the FSE at the time of inspection. • Compliance Inspections- These inspections are conducted when it is determined by the FOG Control Manager that a follow-up or emergency inspection required for non-compliance issue that has been identified thereof. • FSE NPDES Inspections- These inspections are in response to follow-up on NPDES issues identified by the Orange County Health Care Agency. Inspectors must befamiliar with the NPDES program and its regulations and identify violations and verify compliance. • Limited Food Preparation (LFP) Inspections- These are inspections of known or probable LFP facilities to confirm their FOG discharge status. �. As -Assigned Tasks (Time and Materials cost basis) 1. Maintaining Maps and Database Records. City Council 21 — 14 11/21/20e4of 10 CITY OF SANTA ANA RFP NO.: 20-089 WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES The FOG Control Program utilizes GIS technologies and maps to manage, maintain, and update a FOG geodatabase containing information on all FSEs & GREs and inspection records. The Consultant shall maintain and update the FOG geodatabase and associated maps. The consultant will be tasked with the following: • Review inspection records and results for quality assurance and control purposes. • Add, edit or delete records and map points as FSEs and GREs are added or deleted from the inventory. • Edit existing records and feature classes to reflect true field conditions. This would include FSE and GRE relationships. • Maintain layer definition queries that access FOG program data to represent FSEs and GREs that need routine inspections, FSEs and GREs that have existing violations, FSEs and GREs that have never been inspected, FSEs that have NPDES violations, and LFPs that need to be confirmed. • Coordinate with staff and technology consultants to identify and implement infraMAP software inspection form improvements and troubleshoot errors and issues. This may include providing a GIS analyst for on -site support. • Coordinate with staff and technology consultants to define required WDR program work flows and support integration with emerging technology. o Consultant should be able to use data validation tools to review feature class data including FOG inspection activity data. • Assist the City with maintenance data analysis and O&M task optimization. 2. Traininq & Support The Consultant shall provide training and support on as needed basis and as required by the City. The training shall include and not limited to: WDR updates, Sewer System Management Plan meeting goal and objectives, FOG Program evaluations and reports, GIS support and mapping system. The training shall be conducted in the field and on the classroom as needed by the City and their Staff. General Environmental Compliance Support In addition to WDR compliance, the consultant shall provide expertise and support in a wide range of compliance programs thatfall within the Water Resources Division purview, including but not limited to: cross -connection program support, potable water discharge permitting and monitoring, production well O&M assessment and support, water distribution infrastructure, stormwater compliance, compliance related business process development, project management, and assistance. City Council 21 — 15 11/21/2022ge 5 of 10 G. H. 1. CITY OF SANTA ANA RFP NO.: 20-089 WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES 4. General Sewer System O&M Support The Consultant shall be able to assist the City with assessment of sewer system issues and development of corrective actions including source identification and mitigation. Technical Abilities Proposer must demonstrate the following skills: 1. Ability to successfully perform FSE and GRE inspections in other languages (in addition to English). Additional consideration will be given to proposers which demonstrate this ability. 2. Knowledge of environmental regulations and formal training in environmental sciences and or engineering. 3. Demonstrated capability to integrate GIS, database and maintenance management technologies to effectively manage FSE inspections and FOG Program tasks. Cooperative Work Environment It is required that successful proposer be able to work together in a cooperative work environment with the program manager/contract administrator and staff, and other consultants as required. Ongoing Coordination]Status Meetings During the term of the contract, the Program Manager reserves the right to schedule periodic group or individual meetings (anticipated to be once per quarter). Content The City retains control over all creative content, and is responsible for providing existing creative content to the Consultant. The City will work with the Consultant(s) to develop any new creative, including public service announcements, display ads, collateral materials, etc., as well as the technical and knowledge support required to execute any advertising activities. The City will be the sole authority in determining acceptability of Consultant(s) work product. J. References and Related Work Product Samples The List of References form is required to be completed as reflected in Section K. Proposers and Subcontractors of Proposer are required to provide a minimum of four (4) references to demonstrate successful performance for work of similar size and specific scope of work per component specific for proposal submittal as specified in this contract during the past five (5) years. The name of the project and the dollar amount of the contract shall be provided for each listed reference along with contact information. Proposers and Subcontractors of Proposer must also demonstrate that they are properly equipped to perform the work as specified in this City Council 21 — 16 11 /21 /20?age 6 of 10 CITY OF SANTA ANA RFP NO.: 20-089 WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES contract. Previous experience working with government agencies and working cooperatively with other companies/agencies/entities will be an important consideration. This will enable the City to judge product reliability, vendor performance, and other information. City Council 21 — 17 11/21/2023ge 7 of 10 EXHIBIT B Corporate Office Tel: (714) 667-2300 Fax: (714) 667-2310 One City Boulevard west, Suite 1800 Orange, Cafifornsa 92868 ENVI R O N MENTAL www.eecenvironmental.com August 4, 2020 Ms. Kathia Reyes City of Santa Ana Public Works Agency 220 S. Daisy Avenue Santa Ana, California 92703 Subject: Proposal to Provide Waste Discharge Requirements Compliance Services to the City of Santa Ana (RFP No. 20-089) Dear Ms. Reyes: EEC Environmental (EEC), a privately held corporation (C Corp), is pleased to submit this proposal to the City of Santa Ana to provide services requested in RFP No. 20-089, Waste Discharge Requirements Compliance Services. EEC's proposal has been prepared pursuant to the RFP. EEC brings extensive experience and past success in developing, implementing, and managing State of California Waste Discharge Requirements (WDR) mandated programs, including Sewer System Management Plans and fats, oils, and grease control programs. EEC is poised and prepared to assist the City with the many tasks and services associated with WDR compliance programs, WDR services will include, but will not limited to, auditing and updating the SSMP and overseeing and administering the FOG control program, including food service establishment inspections, enforcement of the City's Municipal Code, public education and outreach, geographic information systems support, computer maintenance management systems support, and training. Since 2003, EEC has assisted the City of Santa Ana with FOG program development and implementation as well as other WDR compliance -related services. As a result, the City has consistently remained in compliance with the WDR requirements and has experienced a steady decrease in FOG -related sanitary sewer overflows and an increase in FSE compliance throughout the City. EEC continues to add bilingual staff to its team and will continue to work with the City's FSEs to develop a business -friendly, education -based atmosphere to achieve high compliance rates related to the City's FOG control ordinance. EEC has also assisted the City with a wide range of environmental compliance programs including cross -connection, drinking water discharge permitting, production well O&M assessment, water distribution infrastructure issues, stormwater compliance, and project management and staff assistance. Consequently, EEC has developed an unmatched understanding of the City's compliance program processes and knowledge of the City's data management tools. Through the experience gained from our previous work for the City and for other sewer municipalities, the EEC team will continue to provide a flexible, safe, and cost- effective approach to meeting the City's compliance goals and needs. EEC's previous and unique experience with WDR compliance throughout the U.S. and specifically with the City will ensure that there will be no learning curve associated with this project. This proposal shall be valid for a period of 120 days after the submission of the proposal. City Council 1 1 City of Santa Ana August 4, 2020 Thank you for the opportunity to provide these WDR and environmental compliance services to the City. We look forward to the opportunity to discuss EEC's proposal. Respectfully, EEC Environmental t t Jim Kolk Principal Engineer Enclosures: EEC Proposal to Provide FOG Program Management Services RFP ION 689 2 EEC City Council 21 — 19 11/21/2023 IL PROPOSAL TO PROVIDE WASTE DISCHARGE REQUIREMENT COMPLIANCE SERVICES r FOR THE CITY OF SANTA ANA RFP No. 20-089 �Y t W x r August 4, 2020 It'll. _ 11 /21 /2023 d9_nil Table of Contents Statement of Qualifications AgreementStatement................................................................................................................ 1 Firm and Team Experience.......................................................................... ...... 1 CorporateProfile.......................................................................................................................1 Background......................................................................................................... 2 ProjectTeam.............................................................................................................................3 ProjectManagement.................................................................................................................5 Understanding Scope of Services.............................................................................................. 5 Relevant Project Experience........................................................................... ........... 5 References...............................................................................................................................10 Fees..................................................................................................................... ....................10 . Scone of Services Core Requirements................................................................................................. ....11 I. WDR and SSMP Services.......................................................................................11 Value -Added WDR/SSMP Services.........................................................................13 2. FOG Program Management....................................................................................14 Value -Added Program Management Services.........................................................15 3. FSE Inspections and Enforcement...........................................................................15 As -Assigned Tasks..................................................................................... ........18 1. Maintaining Maps and Database Records...............................................................18 2. Training and Support ...............................................................................................19 3. General Environmental Compliance Support...........................................................19 Cross -connection Program Support.........................................................................19 Potable Water Discharge Permitting and Monitoring................................................20 Production Well O&M Assessment and Support ......................................................20 Water Distribution Infrastructure..............................................................................21 Stormwater Compliance...........................................................................................21 Project Management and Assistance.......................................................................22 4. General Sewer System O&M Support ......................................................................22 Source Identification, Prioritization, and Remediation....................................................22 Response to and Enforcement of Private Sewer Spills . . ............ ....................................23 Sewer System Condition Assessment...........................................................................23 Schedule...................................................................................................................................25 Appendix A — Resumes Appendix B - Forms and Certifications *Note. Fee proposal is provided as a separate submittal. Proposal to Provide WDR Compliance Services - City of Santa Ana, RFP 20-089 i August 4, 2020 City Council 21 — 21 11/21/2023 Statement of Qualifications Agreement Statement EEC has read and agrees to any and all provisions contained in the standard agreement attached as Appendix 2 to the City of Santa Ana RFP No. 20-089 for Waste Discharge Requirement Compliance Services. Firm and Team Experience Corporate Profile EEC Environmental (EEC) is pleased to submit this proposal to provide continued Waste Discharge Requirements (WDR) and environmental compliance services to the City of Santa Ana (City). Based on EEC's extensive experience and success in developing, implementing, and managing mandated programs, including Sewer System Management Plans (SSMP), fats, oils, and grease (FOG) control programs, and a wide range of environmental compliance programs throughout the county, EEC is poised and prepared to assist the City with the multifaceted tasks and services associated with its existing WDR and environmental compliance programs. These services include, but are not limited to, auditing and updating SSMPs, providing oversight and administration of a comprehensive FOG control program, which includes food service establishment (FSE) inspections, assisting with enforcement of the City's Municipal Code Article III, Chapter 39, Section 39-56, assisting in the response to sanitary sewer overflows (SSOs), public education and outreach, City personnel education and training, geographic information systems (GIS) support, computer maintenance management systems (CMMS) support, and training. This proposal was prepared in accordance with the requirements outlined in RFP #20-089. Number of Employees: 45 Years in Business: 25 Corporate headquarters: 1 City Boulevard West, Suite 1800 Orange, California 92868 Phone Number: (714) 667-2300 Fax Number: (714) 667-2310 Website: www.eecenvironmental.com Certifications/Licenses: Class A General Engineering Contractors License #743267 Hazardous Substances Removal Certification Small Business Enterprise (CA DGS) #15715 Small business as defined by the Federal Acquisition Regulations Tax Identification Number: 33-0665828 City Business License #: 189071 Primary Project Contact: Mr. Jim Kolk Project Manager / FOG Program Manager Phone: (714) 667-2300 E-Mail: jkolk@eecenvironmental.com Secondary Project Contact: Mr. Joseph Jenkins Project Regulatory Specialist Phone: (714) 667-2300 E-Mail: jjenkins@eecenvironmental.com Proposal to Provide WDR Compliance Services - City of Santa Ana, RFP 20-089 1 August 4, 2020 City Council 21 — 22 11/21/2023 CEEC ENVIRONMENTAL Background EEC is a full -service environmental consulting firm that provides top -tier environmental, engineering, technology, and consulting services to public and private entities throughout the United States. EEC was founded in 1995 to fulfill a need for technical excellence and personal service in environmental consulting. EEC comprises a team of experts in engineering, environmental compliance, environmental science technology and data management systems, chemistry, toxicology, hydrogeology, geology, and industrial hygiene. EEC's Engineering Division assists municipalities in the management and implementation of all aspects of their sewer collection system and associated programs. The division also performs compliance audits, designs and implements plans for treatment and reuse of wastewater, management of storm water, and remediation of soil and groundwater. Proposal to Provide wDR Compliance Services - City of Santa Ana, RFP 20-089 The Environmental Division routinely performs Phase 1/11 ESAs; soil and groundwater investigations; air monitoring; and asbestos and lead testing. The division also prepares and implements site assessment work plans, preliminary endangerment assessments, remedial action plans, and closure reports for regulatory acceptance and approval. The Construction Division supports projects originating from the engineering and environmental departments and also undertakes projects independently. This division removes underground and aboveground storage tanks; installs, operates, and maintains remediation systems; and performs general construction services, including operation of heavy equipment. EEC's Technology Services division provides expertise in GIS and CMMS development, data management, interpretation, and evaluation that sets EEC apart from other consulting firms. The division facilitates efficient collection, organization, and review of large data inventories and uses CAD and database management technologies to support and manage projects across the firm's disciplines. The department identifies the right technologies for the client's most critical needs and ensures that the chosen technologies will stay relevant and effective long after project completion. EEC's administrative team support the entire firm by conducting project -related activities, such as document editing and production, accounting, and invoicing. August 4, 2020 City Council 21 — 23 11 /21 /2023 Project Team All selected key personnel have the necessary availability, credentials, licenses, and relevant experience required to successfully complete the proposed scope of work on schedule and within budget in accordance With the City's requirements. A summary of EEC key personnel, regulatory experience, registrations, and credentials is included in Table 1, Summary of Key Staff Qualifications. Key personnel resumes are included as Appendix A. John Shaffer Joe Jenkins Baltazar Maldonado Jordan Washburn Fallon Franklin Robert Schubert Jim Kolk Jim Kolk John Shaffer Najib Saadeh Joseph Jenkins Fallon Franklin Alex Conner Tristin Albers Keith Silva Dennis Kasper "EEC brings unique technical expertise to our projects and provides practical solutions for our agency, our satellite agencies, and our industries." Mahin Talebi, Former Source Control Manager ©range County Sanitation District Proposal to Provide WDR Compliance Services - City of Santa Ana, RFP 20-089 3 August 4, 2020 City Council 21 — 24 11/21/2023 CEEC Table 1, Summary of Key Staff Qualifications E N v I R o N NI E N TA L Key Personne I I Role Jim Koik Years Exp.' Registrations/Licerises/ Credentials I B.S., Industrial Engineering; PACP/NASCCO Certification; CWEA SSO Reporting Certified; Project Commitment 15°/u-50% Project Manager 26 Co -Author and Researcher for Orange County FOG Control Study — Phase II; (as needed) Performed]Managed 5,000+ FOG Inspections John Shaffer General Engineering Contractor; Co -Author, Lead Researcher for Orange County FOG 5%-10% Principal -in -Charge 30 Control Study — Phase I and Phase II; WEFIEPA FOG Control Workshop Contributor & (as needed) Speaker; IAPMO FOG Task Group Member; CWEA FOG Inspector Trainer Keith Silva B.S., Aeronautical Operations; 40 Years at EPA Regions 7 & 9; Certified EPA Inspector; 5%-10% Regulatory Advisor 40+ Featured Speaker at CWEA Conferences; Works with Industry and Municipalities to Achieve (as needed) EPA's Pretreatment Program Goals; Handles Difficult Compliance and Enforcement Cases Alex Conner GIS Specialist with a Bachelor's Degree in Geography; Advanced Knowledge of ESRI's Data Management 3 ArcMap and Online Platforms for Creating and Managing Geodatabases, Including the 25%-30% GIS 1 Database Design Creation and Management of Field Crew Applications. Knowledge of Microsoft Access and (as needed) AutoCAD as Supplementary Assets to Perform Mapping and Analytical Tasks Joseph Jenkins B.A., Business Administration; Environmental Management Certification; QISP; CWEA 20%-50% Compliance Inspector/ 13 Environmental Compliance Inspector Grade I; OSHA 40-Hour HAZPWOPER Certification; (as needed) Inspection Supervisor Inspection Management and Training; EEC Inspector and QA/QC Inspection Procedures Fallon Franklin B.S. Mechanical Engineering; OSHA 40-Hour HAZWOPER Certification; Compliance 50o/P g06fo Engineer 1 Compliance 4 Inspector; Conducted Hundreds of Inspections (as needed} Inspector Baltazar Maldonado B.S. Business Management; Compliance Inspector; Bilingual (English/Spanish); OSHA 40- 20%-50% Compliance Inspector 3 Hour HAZPWOPER Certification; Conducted Thousands of Inspections; SSO Investigation (as needed) and Response Development Studied Information Technology and Programming at North Central Michigan College; Jordan Washburn 2 California Water Distribution Level 1 Certification; OSHA 40-Hour HAZPWOPER Certification; 20%-50% Compliance Inspector Compliance Inspector; Conducted Hundreds of Inspections; SSO Investigation and (as needed) Response - Robert Schubert M.S. Environmental Engineering 20°10-50% Sr. Compliance fi B.S. Civil Engineering (as needed) Inspector Compliance Inspector; Conducted Hundreds of FOG and NPDES Inspections; Ph.D. in Environmental Engineering and an M.S. in Civil Engineering from Caltech, Dennis Kasper, Ph.D. Pasadena, CA and a B.S. in Civil Engineering from Loyola Marymount University, Los 10%-20% Technical Advisor 38 Angeles, CA. Areas of expertise include: Desalination, Membranes, Water Treatment (as needed) Processes, Wastewater Reclamation, Island Water Supplies, Water Treatment Chemistry, and Distribution System Water Quality. Proposal to Provide wbR Compiiance 5ervices- City of 5anta Ana, RFP 20-o89 August 4, 2020 City Council 21 — 25 11/21/2023 Project Management The designated project manager, Jim Kolk, has served as the primary project manager for the City's WDR compliance, environmental compliance, and FOG Control Program projects for the past 12 years and will continue to serve in this role (for a minimum of 1 year). Jim will provide overall management and leadership to maintain an effective team, ensure availability of technical staff, maintain a high quality of work, ensure all work is performed pursuant to safety standards, and resolve project issues. While many tasks can and should be handled directly by technical staff, all project communication will be routed through Jim to ensure continuity of project tasks and control of project resources. If Jim is unavailable, Joseph Jenkins will serve as the secondary project manager. EEC will continue to implement a quality assurance / quality control (QA/QC) process that will include periodic reviews throughout the project. The project manager will ensure that required elements are effectively incorporated into the project and the principal -in -charge will ensure that the project manager is routinely performing this verification. Qualified team members with no prior involvement in the particular task will verify technical tasks, including intermediate calculations and determinations of key parameters, for accuracy and completeness. The project manager and, when appropriate, the principal -in -charge, will review all reports and presentations for technical content and format. Understanding Scope of Services EEC understands that the City wishes to partner with a consultant that possesses the expertise and proven experience to ensure the City's continued compliance with the Statewide WDR and a variety of other mandated compliance programs. EEC shares in the City's desire to develop effective water and sewer system programs that address regulatory requirements while maximizing the usage of available City resources. Since the issuance of Order No. R8-2002-0014 by the California Regional Water Quality Control Board in 2002 and subsequent issuance of the current Statewide General WDR for Sanitary Sewer Systems (Order No. 2006-0003-DWQ) in 2006 and Revised Monitoring and Reporting Program (WO 2013-0058-EXEC), EEC has applied its insight in developing and implementing practical and defensible programs designed to maximize resources, ensure clients' continued regulatory compliance, and reduce sanitary sewer overflows (SSOs). EEC fully understands the intricacies of the WDR, including the biannual internal program audits and 5-year SSMP update processes. Extensive experience in developing SSMP programs, auditing programs, and developing supporting documentation for various cities and sewer agencies has armed the EEC team with the tools necessary to advise the City on quarterly WDR training, SSO contingency planning, and ongoing WDR compliance. Having previously assisted the City to implement GIS and InfraMAP software for sewer system maintenance, EEC fully understands the task of developing a sewer system maintenance program schedule to optimize cleaning frequencies and maximize City resources. EEC also understands the importance of a timely response to minimize the environmental impacts of SSOs and importance of reporting accurate volume estimations and timely reporting to the California Integrated Water Quality System (CIWQS) as required by the WDR. Having provided FSE inspection services for the City, EEC knows how critical it is to maintain positive relationships with the local business community. EEC has conducted more than 20,000 Proposal to Provide WDR Compliance Services - City of Santa Ana, R F P 20-085 5 August 4, 2020 City Council 21 — 26 11/21/2023 FSE best management practice (BMP) inspections and more than 18,000 grease interceptor/trap inspections, issued notices of non-compliance, and conducted follow-up inspections to ensure FSEs' compliance with FOG control requirements, EEC's inspection services enhance and use existing agency resources, such as GIS and FSE databases, to maximize the efficiency and efficacy of FOG control efforts. EEC understands that FOG source control is the first line of defense in controlling SSOs caused by FOG blockages and combines two important elements: BMPs and proper maintenance of grease -removal equipment (GRE). FOG in FSE Kitchen Successful FOG control programs contain several critical elements: First, effective FOG control programs need a strong FSE education and outreach program and an effective inspection program to monitor and enforce the implementation of BMPs. Education, inspection, and enforcement programs are key to the success of the second element: the proper design, installation, and maintenance of GREs to capture of FOG that finds its way into drains at FSEs before it flows to the public sewer system. EEC's staff is experienced in every facet of FOG control and includes engineers and field inspectors who are well equipped to assist the City to address all FOG -related issues. EEC's diverse staff brings an extensive range of water and wastewater compliance experience beyond FOGNVDR programs. EEC's experience includes, but is not limited to: cross -connection program support, potable water discharge permitting and monitoring, production well O&M assessment and support, water distribution infrastructure, stormwater program compliance, compliance related business process development, project management, and assistance. Relevant Project Experience EEC has a demonstrated understanding of the SSO WDR, from its 2002 inception to its current form. Since 2003, extensive experience providing FOG control program and WDR services and complementary services have gained EEC an excellent reputation and working relationship with federal, state, and local agencies. EEC has provided similar services to 30+ cities and sewer districts in Southern California, including the following: City of Anaheim City of Santa Ana Garden Grove Sanitary District City of Fullerton City of Stanton Irvine Ranch Water District City of La Habra County of Orange Midway City Sanitary District City of Orange Costa Mesa Sanitary District Orange County Sanitation District EEC understands the City of Santa Ana's FOG control program database and FSE inspection program in detail. Through previous work for the City and unique knowledge of the City's FOG control program, EEC will continue to provide a flexible, cost-effective approach to meeting the City's project goals and needs. The following concise project descriptions provide just a snapshot of EEC's relevant project experience. Proposal to Provide WDR Compliance Services - City of Santa Ana, RFP 20-089 5 August 4, 2020 City Council 21 — 27 11/21/2023 GEEC ENVIRONMENTAL City of Santa Ana: WDR Compliance, FOG Program Management Services Contact: Mr. Rudy Rosas, Principal Civil Engineer (714) 647-3379 EEC has provided a wide variety of WDR and environmental compliance services to the City, including the 2013, 2015, 2017 and 2019 internal SSMP audits, the 2020 SSMP update, program development and implementation of the Drinking Water Systems Discharge Permit, as well as cross - connection program and smart water meter infrastructure program f ����_ support. EEC developed, implemented, and helped the City >\ manage its FOG control program, and has been inspecting FSEs in Santa Ana for the past 14 years. EEC compiled and maintains an exhaustive list of FSEs within the City's boundaries and inspected each FSE for inventory cooking equipment, fixtures, floor sinks and drains, and GREs, and to evaluate FSEs' compliance with FOG program regulations. EEC has Inspector Using Mobile Device to maintained FSE and kitchen equipment inventory in the Gather FSE Data City's infraMAP database and created inspection frequencies based, in part, on an FSE's potential to release FOG into the sewer system. EEC used the City's GIS to determine an FSE's potential to impact sewer line elevated maintenance locations (EMLs). This project will conclude September 2020. Project highlights include the following: Internal SSMP audit • Operation & maintenance manual development and regular updates • SSMP update • SSO response manual development • SSO emergency response training FOG program development and management support Permitting inspections FSE kitchen BMP inspections GRE inspections • FSE non-compliance notifications • Compliance inspection and follow-up efforts • SSO response and support • Mobile FOG inspection deployment • Operations and maintenance program standard operating procedures • Misc. NPDES permitting support • Cross -connection guidance documentation development • AMl and supplemental staff support Costa Mesa Sanitary District: WDR Compliance, FOG Program Management Services Contact: Mr. Scott Carrol, General Manager, (949) 645-8400 EEC currently provides many of the same services the City is requesting—WDR and SSMP support, FOG program management and inspections, GIS support, CMMS support, and modeling services —to the CMSD. This project is ongoing. Some project highlights include the following: • Internal SSMP Audit • SSO evaluation and follow-up • Enforcement program development and management • Cityworks implementation and support • FOG program development and management • FSE database creation / management Infiltration and inflow analysis support GIS development and management Proposal to Provide WDR Compliance Services - City of Santa Ana, RFP 20-083 7 August 4, 2020 City Council 21 — 28 11/21/2023 FSE FOG inspections and follow-up Hotspot analysis • CCTV source identification inspections Hydraulic modeling • Training services City of El Segundo: WDR Compliance, FOG Control Program Support Contact: Mr. Lifan Xu, Principal Civil Engineer, (310) 524-2368 In 2014, EEC audited the City of El Segundo's internal SSMP review and updated its SSMP pursuant to the WDR. EEC also updated the City's SSO Emergency Response Plan (ERP) to comply with the recently updated Monitoring and Reporting Program. Additionally, EEC compiled and maintained an exhaustive list of FSEs within the City's boundaries that would require inspection of cooking equipment, fixtures, floor sinks and drains, and GREs and to evaluate compliance with FOG program regulations. This project is ongoing. The project scope included the following: Typical Vaccon Truck • SSMP internal audit Permitting inspections • SSMP update BMP and GRE inspections • SSO ERP update • Compliance inspections Program creation and management Irvine Ranch Water District: FOG Program Management and Inspection Services Contact: Ms. Frank Soto, Regulatory Compliance Manager, (949) 453-5844 EEC conducted a FOG characterization study that included more than 800 FSE initial inspections within the Irvine Ranch Water District's (IRWD's) service area and continues to support the district's FOG control program efforts, including FSE inspections. GREs are inspected for size, operational status, and structural condition, and FSEs are educated about the FOG program. EEC developed a geodatabase to enhance analysis of the data collected; FSE and GRE data were further analyzed relative to SSOs and sewer hotspot locations. Inspection data were instrumental in developing IRWD's FOG program, providing a basis for prioritizing FSE permitting and inspections as well as optimizing IRWD's resources. This project is ongoing. The project scope included the following elements: Program creation and management Permitting inspections BMP and GRE inspections Compliance inspections Nonroutine customer support HzS testing and monitoring FSE plan submittal program development and management Proposal to Provide WDR Compliance Services - City of Santa Ana, RFP 20-089 August 4, 2020 City Council 21 — 29 11/21/2023 GEEC ENVIRONMENTAL City of Anaheim: WDR Compliance, FOG Program Management and Inspection Services Contact: Mr. Jonathan Heffernan, Operations Supervisor, (714) 765-6860 EEC has provided FOG program services to the City of Anaheim since 2008. Services have included FSE inspections, development of the City's FOG program manual, and guidance on analysis of FSE contributions to sewer line hotspots and SSOs, During SSO events, EEC provided support for follow-up inspections, corrective action tracking, and GIS development to aid in analysis of FSE and SSO relationships. EEC has assisted the City to review FSE variance and waiver requests, including site inspections, to verify site limitations or identify alternatives to preclude the need for a variance. In 2013, EEC audited the City's internal SSMP. This project is ongoing. The project scope included the following elements: • SSMP internal audit • Compliance/enforcement inspections • New FSE permitting inspections New FSE building plan and variance request review SSO response support and training FSE NPDES inspections FSE BMPIGRE inspections GIS development Sewer design manual and sewer bypass guidance development Sewer capacity analysis and assessment support City of Los Altos: WDR Compliance and FOG Program Management Contact: Aida Fairman, P.E., Engineering Services Manager, (650) 947-2603 Since 2014, EEC has managed and completed the FOG program inspections for the City of Los Altos. In the first year, EEC completed an inventory of food service facility (FSF) equipment and grease interceptor status. For FSFs that did not have grease interceptors, EEC worked with the City and the FSFs to install an approved grease interceptor. Each year, EEC has completed the required inspections on -time including the necessary follow-up and enforcement actions, binder and Excel table deliverables, and has assisted the City with any additional FOG program needs including educational material development and plan review. The project scope included the following elements: FOG Program. Management BMP inspections BMP/GRE Inspections Inspection routing Inspection QA/QC Inspection management Inspector Reviewing Site Safety Plan Proposal to Provide WDR Compliance Services - City of Santa Ana, RFP 20-089 9 August 4, 2020 City Council 21 — 30 11/21/2023 CEEC ENVIR0NNIENTAL References EEC's WDR compliance services have consistently provided the firm's clients with pragmatic solutions that enable development of clear and attainable plans for ongoing sewer system management, operation, and maintenance. The list below identifies current and/or past clients who can, and are willing to, attest to the quality and timeliness of EEC's services related to WDR and environmental compliance, SSMP auditing, and FOG control program management (Table 3, EEC Project References). RFP Attachment 1 References, has also been completed and is included with completed forms as Appendix B. Table 3, EEC Project References Agency Contact Details Contract Amount Mr. Scott Carroll Costa Mesa Sanitary General Manager $110,000 District (949) 645-8400 ext. 223 scarroll crosdca. ov Mr. Brian Jones City of La Habra Water and Sewer Manager $15,000 brianj@lahabra.com 562 905-9792 Mr. Cesar Barrera City of Santa Ana Principal Civil Engineer $300 000 cbarrera@santa-ana.org 714 647-3387 Mr. Jonathan Heffernan City of Anaheim Operations Supervisor $200 000 jeffernan@anaheim.net 714 765-6860 Mr. Lifan Xu City of El Segundo Principal Civil Engineer $25 000 Ixu@elsegundo.org 310 524-2368 Mr. Frank Soto Irvine Ranch Water Regulatory Compliance $165,000 District (949) 453-5844 soto@irwd.com Fees A fee proposal is provided in a separate submission in the PlanetBids system. Proposal to Provide WDR Compliance Services - City of Santa Ana, RFP 20-089 10 August 4, 2420 City Council 21 — 31 11/21/2023 Scope of Services & Schedule Core Requirements Waste Discharge Requirements (WDR) and Sewer System Management Plans (SSMP) The EEC team has conducted a wide range of program audits„ including SSMP audits, that has provided EEC with a unique insight to both a regulator's view on conducting audits and a regulated entity's view on being audited. EEC will provide the City with the following WDR and SSMP support services under this task: A. Perform the 2-year internal audit due in 2021. The audit will include a report of the findings and recommendations identified during the audit. The cornerstones of EEC's expertise in SSMP program audits are extensive knowledge of key SSMP program elements in line with regulatory requirements and a breadth of experience that informs a complete, candid assessment of an agency's conformance or deficiency. Pursuant to the WDR requirements for SSMPs, EEC's focuses on evaluating the key elements of the SSMP: 1. Goals and metrics 2. Organization and staff 3. Legal authority 4. Operation and maintenance program 5. Design and performance provisions B. Overflow emergency response plan 7. FOG control program S. System evaluation and capacity assurance plan 9. Monitoring, measurement, and program modifications Often, the SSMP internal audit is conducted merely as a formality to satisfy the minimum requirements of the WDR. EEC takes a somewhat different approach and views the audit from the perspective of a regulator. A regulator is looking for an honest assessment and program modification that brings about true improvement in program performance (where needed). Therefore, the key objectives of EEC's SSMP audit is to candidly evaluate how implemented programs are impacting the reduction of SSOs and evaluate the proper ongoing management, operation, and maintenance of sewer system assets. EEC's general approach to SSMP internal audits is threefold: 1. Evaluate the level of conformance of the City's SSMP to the WDR. This is accomplished primarily through a desktop review of the SSMP and supporting documentation. EEC is thoroughly familiar with recent changes to the Monitoring and Reporting element of the WDR and will ensure the City's SSMP appropriately addresses these changes. 2. Assess the level of conformance of the City's field practices with SSMP policies and procedures. This includes a detailed review of program -related documents (e.g., work orders, standard procedures, etc.) and data (e.g., line cleaning history, staff training records, Proposal to Provide WDR Compliance Services - City of Santa Ana, RFP 20-089 11 August 4, 2020 City Council 21 — 32 11/21/2023 etc.), as well as comprehensive interviews with City staff and field observation of key staff activities. I Use the audit findings to develop practical and defensible recommendations for program improvement. EEC will prepare a report summarizing the audit findings that will include classification of any identified nonconformances (i.e., major or minor nonconformance). The report will also contain recommendations for program improvements based on EEC's experience with successful aspects of similar programs and input received during the staff interview process. Analyzing the SSMP and identifying deficiencies in this manner will allow the City to maintain control of the definition and implementation of its programs rather than putting that control in the hands of a regulator. For example, in evaluating the City's SSO emergency response plan, EEC will not only confirm that current practices are in place and followed, but will also assess the defensibility of key response procedures, such as SSO volume estimating techniques. This approach parallels a regulator's approach and allows the City to stay ahead in the process. SSMP Audit Staff Interview Headquartered in Orange, CA, EEC is located close to Santa Ana and will work around the City staff members' schedules to ensure the audit process is not intrusive but is thorough enough to satisfy the WDR requirements and improve the City's SSMP programs. EEC anticipates conducting one SSMP audit over the next two years. B. Prepare the 2024 SSMP update using information obtained from the SSMP audits. Pursuant to the SSS WDR, enrollees must update their SSMP once every 5 years to reflect the enrollee's current SSMP-related practices and the changes recommended during internal SSMP audits. Having audited the City's SSMP in 2017 and 2019 and having updated the City's SSMP in 2019, EEC is intimately familiar with the City's SSMP and can readily ensure it stays current and accurate. EEC anticipates performing one SSMP update by 2024. C. Provide quarterly WDR training and advising City staff on emerging issues, revisions, and additions to the SSS WDR. EEC has provided previous similar training to City staff regarding SSO emergency response procedures and general WDR requirements. EEC will coordinate with City personnel to establish a training schedule and determination of requested training topics. Training topics may include gravity and lift station SSO/emergency response, WDR and SSMP requirements and contents, FOG program management, drinking water system permitting requirements, water treatment processes. This core services task will be performed as an element of As -Assigned Training and Support services. "EEC's expertise and responsiveness was instrumental in helping our city meet new stringent sewer regulations." Ray Burk, Former Principal Civil Engineer City of Santa Ana Proposal to Provide WDR Compliance Services - City of Santa Ana, R F P 20-089 12 August 4, 2020 City Council 21 — 33 11/21/2023 i t!� D. Update and provide training on the SSO contingency plans for the two City sewage lift stations. The risk of large SSOs is magnified in the event of sewage lift station failures. In collaboration with the City, EEC has developed an SSO contingency plan for the two lift stations and will continue to work with the City to update the plans and provide training for staff on specific plan procedures. E. Provide SSO response support, including data analysis, volume estimating, reporting, etc. A timely response to any SSO is critical not only to minimize the environmental impact of the spill, but also to collect/analyze the information needed to determine the cause(s) of the spill. EEC currently supports the IRWD, CMSD and the City of Santa Ana with follow-up investigations of private SSOs. Investigations consist of ra► identification of the cause(s) of the SSO and discussions with agency staff to determine the required corrective actions. Preliminary discussions are conducted with property owners to implement corrective actions. EEC fully SSO spill Simulation understands the importance of accurate volume estimations and timely reporting to CIWQS. EEC will continue to provide SSO response support and assist the City in training personnel on appropriate volume estimation methods and reporting forms. This core services task will be performed as an element of As -Assigned General Sewer System O&M Support services. F. Develop a sewer system maintenance (cleaning) program and schedule. As part of the SSMP and the City's asset management endeavor, EEC will advance development of the sewer system maintenance and cleaning program and schedule. The program and schedule will prioritize sewer main cleaning based on parameters such as topography, pipe condition, flow characteristics, and historical inspection analyses. The sewer maintenance program is intended to optimize cleaning frequencies and resource deployment. EEC had previously developed and initiated pilot testing of this asset management practice with the City and is prepared to further test and implement the methodology system wide. Along with development and coordination with City field personnel, EEC deliverables will include cleaning program maps in formats compatible for use with the City's infraMAP software. This core services task will be performed as an element of As -Assigned General Sewer System O&M Support services. Value -Added WDRISSMP Services EEC continues to serve local governments in developing, implementing, and monitoring sensible sewer system management programs tailored to address specific local conditions and ensure compliance with applicable WDR requirements. EEC has unmatched expertise in key SSO mitigation strategies, including FOG control programs, preparation of overflow ERPs, and SSMP performance assessments and audits. EEC continues to assist cities and independent special districts, including the Cities of Santa Ana, Stanton, La Habra, Buena Park, El Segundo, and Anaheim, as well as CMSD, with development, implementation, and/or audit of their SSMP strategies. Proposal to Provide WOR Compliance Services - City of Santa Ana, RFP 20-089 13 August 4, 2020 City Council 21 — 34 11/21/2023 The EEC team has comprehensive knowledge of the evaluation and development of SSO ERPs. In fact, EEC assisted the City of Santa Ana in 2019 and City of El Segundo in 2014 to update their respective SSO ERPs. SSO ERP updates are based on recent program enhancements, personnel and equipment changes, and recent changes to the State's WDR requirements for monitoring and reporting SSOs. EEC also provides WDR/SSMP training support, including SSO emergency response training to sewer system maintenance staff. In 2019, EEC conducted SSO emergency response training for the City, which consisted of an evaluation of current practices and procedures, a presentation on the recent updates to the State's monitoring and reporting requirements, and SSO volume calculation examples. 2. FOG Program Management EEC currently manages FOG programs for several Southern California agencies and uses sophisticated database and GIS tools to collect, organize, analyze, and manage FOG data. Having been closely involved in the development and implementation of key FOG control program tools and processes, EEC's technical and field staff is thoroughly knowledgeable of field data acquisition systems and workflows currently employed by the City. EEC will provide the following services under this task: • Collect, organize, and manage the City's FOG Control Program data. • Provide monthly reports summarizing activities conducted and recommendations to the City's FOG Control Program Manager. • Conduct regular meetings with City staff to evaluate the FOG Control Program, provide recommendations, and prioritize project efforts. • Monitor the Orange County Health Care Agency's (OCHCA's) inventory of restaurants and append any updates, changes, or additions to the City's FSE inventory. • Using the City's current FOG infraMAP database, maintain the FSE inventory, inspection schedule, and FSE inspection frequencies and prioritization. Inspection frequencies and prioritization will be based on FOG production, compliance history, elevated maintenance location relationships, and SSO history. • Establish inspection schedules and coordinate and assign inspection tasks to the City's code enforcement inspectors and EEC's compliance inspectors using infraMAP and GIS tools. Develop reports to summarize inspection results and compliance efforts. Secure and append OCHCA's NPDES inspection data to the City's geodatabase for analysis and to identify necessary NPDES follow-up inspections. EEC will ensure that data are properly assigned to FSEs and violations are correctly identified. FSEs with current violations will be properly identified on the map interface used by inspectors. Use infraMAP software and ArcGIS to record inspection results and manage inspections. Provide support for the City's wireless inspection process, with which EEC is familiar. Having played a pivotal role in the system's implementation, EEC is familiar with the City's mobile data acquisition systems, including hardware, operating systems, software, network structures, and evolving technologies. Develop residential FOG educational/guidance materials and a plan to address residential grease discharge and disposal practices. As needed, develop and coordinate evaluation of new and emerging grease -control technologies, including GRE and chemical/biological additives. Proposal to Provide w❑R Compliance Services - City of Santa Ana, RFP 20-089 14 August 4, 2020 City Council 21 — 35 11/21/2023 Provide the City with background and update information regarding current and emerging MS-4 requirements, as they relate to the WDR. Obtain data and information to keep the FSE inventory up to date. Manage and process inspection pictures, GRE requirement documents, permits, and other documents for all FSEs. EEC will update and maintain the geodatabase with document information that will enable inspectors and managers to access documents through the infraMAP interface. Review the City Municipal Code and recommend modifications or enhancements to the FOG control program. As needed, conduct site assessments of FSEs to determine or evaluate GCD retrofit options. Manage the FOG geodatabase and GIS files, such as map documents. Provide follow-up documentation assistance and expertise to City's FOG Control Program Manager. Conduct QA/QC reviews of FSE inspection results. Coordinate, establish work schedules, and provide educational and training information to City personnel as needed or as requested by the City. Provide the City with experienced and knowledgeable professional staff, during and outside of normal work hours (as needed). This core services effort will be performed as an element of As -Assigned FOG Program Management services. Value -Added Program Management Services Based on its recognized FOG expertise, EEC has been able to work with agencies across the country, exposing the team to a variety of innovative ideas and concepts that can be shared with the City. EEC also works with some of the City's neighboring agencies and can share field intelligence regarding sewer investigations and FSE issues that might impact the City's programs. 3. FSE Inspections and Enforcement EEC will provide well qualified and experienced personnel, including bilingual inspectors where necessary, to conduct routine FOG inspections. EEC will monitor inspection progress using the City's infraMAP and GIS tools to ensure the FOG control program tasks are on track to meet inspection and follow-up targets. EEC routinely performs QA/QC, from work order initiation to project completion, of FOG inspectors as well as the data entered into databases and sync'd with the City. EEC will work with the City's FOG Control Program Manager to evaluate the continued implementation of FOG -risk --based inspection prioritization processes to further optimize the City's inspection resources. EEC will provide the following services under this task: Conduct on -site, physical inspections of FSEs as determined by City's FOG Control Program Manager Provide bilingual outreach and educational materials to FSEs, including inspection summary reports Provide the City, as needed, with educational and BMP information Promote the importance of kitchen BMPs Coordinate and establish work schedules Permitting Inspection Inventory Proposal to Provide WDR Compliance Services - City of Santa Ana, RFP 20-099 15 August 4, 2020 City Council 21 — 36 11/21/2023 Require inspectors to clearly identify themselves both verbally and with proper identification badges as contract inspectors of the City Require inspectors to identify their vehicles with decals as contract vehicles of the City Specific FSE inspection categories include the following: 1.Permitting Inspections. EEC will conduct initial permitting inspections for new, change -of - ownership, and remodeled FSEs. Through initial inspections, also referred to as FSE characterization, EEC will identify the type of food, cooking equipment, and kitchen practices that risk contributing FOG to the sewer system. Each FSE will be provided with bilingual educational materials that will help the FSE reduce the amount of FOG released into the City's sewer system. EEC inspectors will review the permit memorandums generated for each new FSE and will confirm the installation of a GRE if required by the memorandum. Approximately 100 permitting inspections are anticipated per year. 2. Grease -Removal Equipment Inspections. EEC will conduct GRE inspections for FSEs with a grease interceptor or grease trap to ensure each device is in good operating condition and confirm that appropriate maintenance practices are implemented. The inspections are comprehensive and thorough to support potential enforcement efforts in the future. EEC inspectors will conduct the following: • Measure the layer of floating FOG and settable solids • Determine conformance with compliance criteria Interceptor Sample Box Inspection • Inspect the mechanical condition of the GRE • Review the maintenance logs and record the last pump -out date • Review GRE pumping record keeping • Document and capture photographic evidence of all violations An estimated 350 GRE inspections are anticipated per year. 3. Best Management Practice Inspections. Having conducted more than 20,000 kitchen BMP inspections, EEC understands the importance of educating FSEs on proper BMPs. EEC will conduct BMP inspections to evaluate compliance with all required kitchen BMPs, including employee education and training practices. These inspections also provide an opportunity to provide new program educational materials. Specifically, EEC inspectors will assess the following • Removal of food grinder • Lateral cleaning and spill log maintained • Drain screens installed/maintained • Kitchen signage (BMP poster) posted • Food waste disposal practices • Emergency spill response materials Identification of BMP Violation • Utilization of drainage additives • Segregation and proper storage of waste cooking oil • Grease collection log maintained • Employee training log maintained • Scraping practices Proposal to Provide WDR Compliance Services - City of Santa Ana, RFP 20-089 16 August 4, 2020 City Council 21 — 37 11/21/2023 46EEC ENVIRO1`1 MENTAL An estimated 500 BMP inspections are anticipated per year. 4. FSE Compliance Inspections. ECC will conduct follow-up inspections for non-compliance issues as required by the City's FOG Control Program Manager. This may include issuance of notices of violation to FSEs that are found to be in non-compliance with the FOG control regulations. An estimated 200 compliance inspections are anticipated per year. EEC will help the City manage enforcement actions for violations of the City's Municipal Code, Sec. 39-56. For any FSE or critical source facility identified with deficiencies, EEC will meet with FSE managers)/owner(s) or property owner(s) to discuss violations and enforcement and to help them develop an appropriate corrective action plan to achieve and maintain compliance. Based on the results of follow-up inspections and issued notices of non-compliance, EEC will review, provide recommendations, and assist the City with any enforcement actions required as a result of violations of the FOG ordinance. This task will be performed as an element of As - Assigned FOG Program Management services. 5. National Pollutant discharge Elimination System Inspections. EEC will conduct inspections to follow up on NPDES violations identified by the OCHCA. OCHCA inspectors evaluate the following during inspections: FC60-NPDES - Improper Oil/ Grease Disposal FC61-NPDES - Refuse Containers/Trash Bin Enclosure • FC62-NPDES - Washing Mat/Filter/Trash Bin Parking/Street • FC63-NPDES - Improper Methods Spill Cleanup/Hosing Area • FC64-NPDES - Maintenance Records: Lack of / Not Current • FC65-NPDES - No Observations Recorded EEC is intimately familiar with the follow-up actions necessary for each observation and will confirm if an FSE has conducted/implemented the corrective actions requested by the OCHCA. An estimated 300 NPDES inspections are anticipated per year. 6. Limited Food Preparation Inspections. EEC will conduct inspections of known or probable LFP facilities to confirm their FOG discharge status. Inspections of known LFPs will be conducted every 3 to 5 years to assess if the LFP's practices have undergone changes that could warrant inclusion of the facility in the FOG Control Program as an FSE. These inspections include a quick observation of any food preparation areas to assess if equipment has changed. An estimated 100 LFP inspections are anticipated per year. EEC understands the City's FSE inventory database and key FSE details necessary to determine each FSE's potential to discharge FOG into the sewer system (e.g., cooking equipment). EEC inspectors are proficient users of the City's inspection software and will not require any additional training. Inspection results collected in the field are recorded in the geodatabase and used to determine the FSE's compliance status and history. The geodatabase is managed and maintained by two applications, Esri's ArcGIS and iWater's infraMAP. This task will be performed as an element of As -Assigned Map and Database services. Finally, EEC inspectors are extensively trained in inspection safety and have an impeccable safety record. EEC inspectors also receive training in SSO response procedures and know the SSO emergency response procedures implemented by the City. Proposal to Provide WQR Compliance Services - City of Santa Ana, RFP 20-089 17 August 4, 2020 City Council 21 — 38 11/21/2023 i;i01 As -Assigned Tasks 1. Maintaining Maps and Database Records EEC fully understands the City's use of GIS and other systems to manage the FOG program data and inspection tasks. EEC understands that the City may need mapping and GIS support services to continue extensive use of these systems. Since 2004, EEC has provided GIS support services to the City, including determining the most effective way to manage the City's FOG Control Program using GIS. EEC has supported the City's implementation of ArcGIS and infraMAP software to manage inspections of the 1,000+ FSEs and 200+ GREs in the City. EEC will provide the following mapping and database services, as assigned under this task: Review inspection records and results for quality assurance and control purposes. Add, edit, or delete records and map points as FSEs and GREs are added or deleted from the inventory. Edit existing records and feature classes to reflect true field conditions. This includes maintaining a graphical representation of FSE and GRE relationships. Maintain layer definition queries that access FOG program data to represent FSEs and GREs that need routine inspections, FSEs and GREs that have existing violations, FSEs and GREs that have never been inspected, FSEs that have NPDES violations, and LFPs that need to be confirmed. • Coordinate with staff and technology consultants to identify and implement infraMAP software inspection form improvements and troubleshoot errors and issues. When necessary, EEC will provide a GIS analyst for on -site support. • Coordinate with staff and technology consultants to define required WDR program workflows and support integration with emerging technology. • Use GIS tools to assist staff with SSO response. • Use GIS tools to generate monthly activity reports. • Use data validation tools to review feature class data including FOG inspection activity data. • Assist the City with maintenance data analysis and O&M task optimization. The FOG program geodatabase is also used to manage issuance of notices of violation and subsequent compliance inspections. Using these GIS and database resources developed in house, EEC will continue to provide effective and efficient inspection management services for the City. EEC will also provide on -site GIS support, including geodatabase editing, feature class development, and an document development. EEC has developed customized tools to query and review copious amounts of FSE data for analysis and reporting. For example, an inspector or manager can find an SSO or EMI. in the GIS and readily identify the associated FSEs. Hyperlink tools in the GIS are provided to quickly query the FSE database to return pertinent information related to FSE inspection histories, site pictures, and inspection reports, Manhole Elevation Analysis Proposal to Provide w❑R Compliance Services - City of Santa Ana, RFP 20-089 18 August 4, 2020 City Council 21 — 39 11/21/2023 While the focus of this scope of work will be on FOG program management, EEC understands that FOG is not the only cause of SSOs and that a thorough understanding of the sewer system is critical to preventing SSOs. EEC's experience in sewer line characterization activities has provided a keen understanding of how hydraulic defects in the sewer, such as offset joints, roots, and sags, can impact the ability of a sewer to transport grease within the sewer system. Through utilization of GIS and FSE databases, EEC will provide simple, efficient solutions for organizing, managing, and coordinating all sewer line EMLs related to FSE enforcement activities. The estimated level of effort for as -assigned mapping and database services is projected at approximately 150-175 hours. Value -Added Mapping Services EEC worked closely with iWater to develop the FOG inspection module in a manner that upheld the City's high standards for FOG inspections. EEC understands the software and can recode, modify, troubleshoot, and correct functionality issues as needed. EEC also designed and implemented the geodatabase in which all inspection data are stored and can modify the geodatabase as the City's FOG program evolves. EEC has and can continue to provide specialized GIS and CMMS training specific to the City's GIS configuration and process workflows. Additionally, EEC can augment City staff with on -site GIS support staff as necessary. 2. Training and Support EEC will continue to provide the City with FSE inspection process training as assigned. EEC developed and currently conducts California's only Grease Interceptor Inspector Training Workshop for the California Water Environment Association (formerly conducted for CalFOG). To date, EEC has conducted seven workshops and trained more than 400 inspectors. EEC most recently provided specialized training for City Redondo Beach and South San Luis Obispo Sanitation District inspectors and has previously provided training for several of the City of Santa Ana Code Enforcement staff. EEC can also provide mobile data acquisition training for the City's FOG inspectors to demonstrate how FOG and NPDES inspection data is recorded and how to determine inspection priorities in the infraMAP software. EEC will continue to provide periodic training for City staff and a wide variety of topics. Previous training events included WDR updates, SSMP contents goals and objectives, FOG Program elements and GIS support and mapping systems. For each field or classroom training event, a roll call sheet is generated, and each attendee is provided a copy of the training slides. During project kick-off, EEC will coordinate with City personnel to establish a schedule for regular training events. The estimated level of effort for as -assigned training and support services is projected at approximately 150-175 hours. 3. General Environmental Compliance Support Cross -connection Program Sumo A key mandated program under the Water Resources Division purview is the cross -connection program, aimed at protecting the public water system from hazardous contamination or pollution. The City has procedures in place to ensure businesses are outfitted with the proper backflow prevention devices as well as procedures for routine inspection and test of these Proposal to Provide WDR Compliance Services - City of Santa Ana, RFP 20-089 19 August 4, 2020 City Council 21 —40 11/21/2023 devices. In collaboration with the City, EEC has outlined a series of guidance documents geared towards assisting business owners in more clearly understanding cross -connection program requirements. An initial draft of the manual for food processing facilities has been prepared and is under review by City personnel. As assigned, EEC will continue to assist the City in the development of additional cross -connection program guidance manuals for other business sectors including services, manufacturing, medical, restricted operations, and miscellaneous other facilities. Additionally, several private and City owned properties are served by recycled water supplies. EEC can continue to support the documentation and field verification efforts for these on -site recycled water conveyance systems. These efforts will continue to be performed in close coordination with City personnel with the resulting findings and drawings being prepared in a manner suitable for import into the City's GIS database. The estimated level of effort for as -assigned cross -connection program support services is projected at approximately 150-200 hours. Potable Water Discharge Permitting and Monitoring EEC can continue to assist the City with the renewals of the permitting and monitoring associated with the City drinking water system discharges. EEC is intimately familiar with the permitting requirements and will assist the City with routine monitoring and reporting as well as permit renewals. EEC will continue to train City personnel on the monitoring and reporting requirements of this state mandated program. EEC can assist City personnel with collection and testing of required discharges and help to ensure suitable methods and protocols are adhered to. EEC can also support development of project specific discharge monitoring protocols as well as implementation proper notification procedures. The estimated level of effort for as -assigned potable water discharge permitting and support services is projected at approximately 80-100 hours. Production Well O&M Assessment and Suoport EEC is an expert in per- and polyfluoroalkyl substances (PFAS) consulting and is currently providing "Owners Representative" consulting support for the City as it addresses PFAS contamination in a production well. EEC's PFAS team has extensive expertise in PFAS chemistry, characterization, remediation, residual management, and its unique regulatory challenges, particularly in California. All of this expertise is being used to assist the City as it works with the Orange County Water District (OCWD) and their consultants to develop a plan to design and install wellhead PFAS treatment for the City's impacted wells. EEC already provided extensive technical and regulatory assistance to the City as it responded to a Draft Producer Report from OCWD's consultant, that addressed a variety of topics; • The significance of PFAS Notification Levels (NLs) vs. Response Levels (RLs) • Comparison of Granular Activated Carbon (GAC) vs. Ion Exchange (IX) at each potential impacted well site • Evaluating capital costs vs. on -going O&M costs • Evaluating OCWD's rapid small-scale column testing (RSSCT) and pilot testing results and the need for further pilot tests Proposal to Provide WAR Compliance Services - City of Santa Ana, RFP 20-089 20 August 4, 2020 City Council 21 —41 11/21/2023 Protecting the City's interests while supporting OCWD's need to remediate the basin As assigned, EEC will assist the City as it works with OCWD's design engineer, to develop the most appropriate treatment design for each impacted well. The estimated level of effort for as -assigned production well O&M assessment and support services is projected at approximately 150-200 hours. Water Distribution Infrastructure EEC has and can continue to assist the City with a wide variety of water distribution infrastructure needs. EEC is equipped to collect samples, facilitate maintenance activity scheduling, assist with routine monitoring and reporting, and develop critical procedures and protocols. Recently, EEC assisted the City in the planning for the Automated Metering Infrastructure (AMI) project and in preparing a Request for Proposal (RFP) seeking a qualified AMI Consultant to provide professional services for detailed planning and assistance in the selection and implementation of an AMI system. These efforts led to the selection of a highly qualified contractor being selected to assist the City in developing detailed strategies, design, and plans for AMI implementation. EEC assisted the City during all preliminary phases of the AMI project from the preparation of the first RFP and contractor selection and is currently supporting the final stages of contracting with the selected AMI and MDMS contractors. Once the agreement is finalized between the City and the selected AMI and MDMS contractors, and the execution of the work commences, EEC is prepared to continue providing support to the City Project Manager in all aspects of project and construction management, business process re -engineering, staffing considerations and all field activities. Furthermore, EEC has assisted in modernizing the City's 20-year masterplan with production of construction schedules using Microsoft Project, and regularly assists the Water Supervisor in meeting five-year goals for water pumping and construction management. EEC has also facilitated restructuring and digitization of 60 years' worth of historical documentation associated with the City's water system. As a result, EEC has an extensive understanding of the City's production well sites, reservoirs, Metropolitan Water District (MWD) connections, pressure regulating values, and lift stations. This level of understanding will ensure that EEC can continue to ramp up to speed quickly on as -assigned water distribution infrastructure tasks. The estimated level of effort for as -assigned water distribution infrastructure support services is projected at approximately 125-150 hours. Stormwater Compliance While the City's Municipal Separate Storm Sewer System (MS4) program is not implemented and managed by the Water Resources Division, stormwater related issues can often impact the division where experience and knowledge of the MS4 permit is necessary. As example, EEC recently assisted in the evaluation of stormwater based legal authority and Issues associated with homeless encampments near flood control channels. EEC also assists the City with responding to illegal discharges to the City's MS4 system from food service establishments and routinely follows -up on other FSE related stormwater issues (e.g., waste grease storage area housekeeping). EEC has also supported permit application and compliance associated with the Upper Newport Bay selenium TMDLs. This issue impacts the City's potable water discharges tributary to the Upper Newport Bay. As -assigned, EEC can continue to assist the City with the TMDL compliance related this new permit. Proposal to Provide wDR Compliance Services - City of Santa Ana, RFP 20-089 21 August 4, 2020 City Council 21 —42 11/21/2023 6EEC ENV IRONtylENTAL The estimated level of effort for as -assigned stormwater compliance support services is projected at approximately 80-100 hours. Project Management and Assistance EEC can continue to assist the City with managing a wide variety of projects including WDR compliance deadlines, sewer system characterization and investigation activities, and drinking water distribution and discharge. As -assigned, EEC will conduct regular meetings with City personnel to provide updates and discuss project status. EEC will continue offer qualified personnel to supplement the City's resource support needs ranging from development of innovative software solutions to composing requests for proposals. EEC personnel have been involved in many aspects of City's water engineering and development, including plan preparation, cost estimates, and specifications for a variety of projects pertaining to water and sewer applications. EEC personnel have assisted in updating system management maps and records as well as assisting in project oversight and interfacing with other governmental agencies and contractors. EEC personnel will continue to collaborate with treatment and distribution operators to facilitate decisions regarding treatment and distribution parameters, settings, and general operations. EEC will also continue to support coordination of permits and annual renewals for dewatering permits, encroachment permits, National Pollutant Discharge Elimination System (NPDES) permits, and South Coast Air Quality Management District (SCAQMD) permits. The estimated level of effort for as -assigned project management and assistance services is projected at approximately 400-500 hours. 4. General Sewer System O&M Support Source Identification, Prioritization, and Remediation - Having studied more than 300 enhanced maintenance locations and identified numerous individual sources of FOG blockages in California, EEC has developed and provides unique expertise in assessing sewer system issues and developing corrective action plans, including source identification and mitigation. Public agencies frequently hire EEC to conduct such characterization studies and use the resulting data to prioritize FSE inspections, improve cleaning and tracking of EMLs, and inform SSO contingency plan development for high -risk pipelines. When an issue is identified in the sewer system, EEC will conduct the following general steps to ensure a thorough investigation is conducted. 1, EEC will coordinate CCTV inspection of the area. The line will be typically be inspected in its current condition, then re -inspected after cleaning to establish a baseline of the clean line. If suspicious materials that can not be clearly identified are noticed, EEC will collect samples of the materials for further analysis. 2. After a set period of time, EEC will coordinate follow-up CCTV activities at the location in an attempt to clearly identify the source of the issue. With FOG accumulation, a visible trail will typically accumulate at a specific lateral connection, often leading to identification of the source. 3, Once the source is identified. EEC will work with the City to mitigate that source which could include meeting with the facility and/or conducting routine inspections, or other elevated enforcement actions. Proposal to Provide WDR Compliance Services - City of Santa Ana, RFP 20-089 22 August 4, 2020 City Council 21 —43 11/21/2023 Response to and Enforcement of Private Sewer Spills - A timely response to any SSO is critical not only in minimizing the environmental impact of the spill, but also in collecting/analyzing important information needed for reporting the spill and determining the cause(s) of the spill. EEC's SSO response experts are certified by the California Water Environment Association in SSO Electronic Reporting and are prepared to conduct follow-up investigations of private SSOs. Investigations consist of identification of the cause(s) of the SSO and discussions with agency staff to determine SSO Response Support corrective actions. Preliminary discussions are conducted with property owners to implement corrective actions. EEC's extensive CCTV assessment of sewer lines provides clients with the necessary expertise to properly assess and offer recommendations concerning private sewer laterals. Where "voluntary" implementation of corrective action by a property owner proves unsuccessful, administrative orders may be required to ensure implementation of required measures. Follow- up discussions with private property owners conducted by EEC are typically initiated well before the administrative order deadlines to ensure adequate progress and to avoid last-minute extensions. Sewer System Condition Assessment - EEC has analyzed countless hours of CCTV data and has used this data to drive capital improvement and sewer master plan development. EEC draws on this experience and expertise to ensure that an agency's planning and funding aligns with current asset conditions. Develop a sewers stem maintenance(cleaning) program and schedule. - As discussed in the core services section, EEC will advance development of the sewer system maintenance and cleaning program and schedule. The program and schedule will prioritize sewer main cleaning based on parameters such as topography, pipe condition, flow characteristics, and historical inspection analyses. The sewer maintenance program is intended to optimize cleaning frequencies and resource deployment. EEC had previously developed and initiated pilot testing of this asset management practice with the City and is prepared to further test and implement the methodology system wide. Along with development and coordination with City field personnel, EEC deliverables will include cleaning program maps in formats compatible for use with the City's infraMAP software. The estimated level of effort for as -assigned general sewer system O&M support services is projected at approximately 200-250 hours. Proposal to Provide WDR Compliance Services - City of Santa Ana, RFP 20-089 23 August 4, 2M City Council 21 —44 11/21/2023 :t LorX116011111M Summary of Key Deliverables Based on the scope of services, the following key deliverables are anticipated for this project: • 'FOG program protocol assessment reports and recommendations (as needed) • Monthly inspection status reports summarizing inspections conducted, compliance status, and recommendations for follow-up and enforcement actions • Quarterly program review/status meetings with City staff FOG outreach and educational materials procurement and distribution (as needed) Updates to FSE inspection database with OCHCA NPDES inspection data (as needed) Memoranda/reports on emerging MS4 requirements (as needed) Updates to FSE inspection database with new FSE data from various sources (as needed) FOG program initiative recommendations/reports (as needed) Evaluation/assessment reports for emerging GRE devices and additives (as needed) Mapping document updates and recommendation reports (as needed) • Workflow and CMMS development recommendation reports (as needed) Memoranda/reports on emerging WDR/SSMP requirements (as needed) SSMP internal audit and recommendation reports 2024 SSMP update SSO Sewer Lift Station Contingency Plan SSO response support (as needed) Sewer system maintenance (cleaning) program and schedule Memorandum of recommended changes for the City Municipal Code Section 39-56 Classroom and field training on FOG/WDR/SSMP/GIS/CMMS topics (as needed) Monthly Invoices including number of hours by labor category and hourly rates (as included in the fee proposal) • Additional deliverables to be identified as as -needed tasks are assigned • Updated milestone schedule based on assigned as -needed tasks Proposal to Provide WDR Compliance Services - City of Santa Ana, RFP 20-089 24 August 4, 2020 City Council 21 —45 11/21/2023 A—d of Agreement Notice to Proceed Project Kick-atf Meeting FOG Control Program Management Monthly Status Report Ou.i Status Meeting FSE inspections and FnforrPment Inspections WL)R Training and Support Training 1 Training 2 Training 3 Training 4 WORISSMP Support Sew r System Maintenance Program Schedule SSO Respnne Support SSO Ccnimgancy Plans SSMP Support SSMP Internal Audit {March. 20211 SSMP Internal Audit Report (Apnt 2021) SSMP Update (March 2024) As-,4ssrgned Tasks "at— gran Fw<i Program 260 days? Mon 211121 Fri 112E22 1 day? Mon 211121 Mon 21121 1 day Tue 2QJ21 Tue M21. 1 day? Mon 2le121 Man 21821 220 days Mon 3115121 RI 1114122 220 days Mon 3f15121 To 1114122 206 days Thu 411121 Fri 1111,1122 250 tlays Man 2115121 Fri 1128122 250 data Mon 2115121 Fri 1211122 208 day.? Mon 311@1 Wed 12/15121 1 day? Mon 311121 Man 311121 l day? Mon s1721 Mon 617121 1 day? Toe 917121 Tue 917121 1 day7 Wed 12J1521 Wed 12/15121 260 days? Mon 2J121 Fri W8122 260 days? Mon 2J121 Fri 12822 260 days? Mon 21121 Fri 128Y22 I day? Wed 411421 Wed 4114121 806 days? Mon 211121 Mon 314124 20 days? Mon 31821 Fd 412121 1 day? Wed 4114121 Wed 4114121 1 day? Mon 3f4124 Mon 814124 260 days Mon 211f21 Fri 1r2022 ,211 Sup O0 0 © O 6 0 0 0 0 0 0 O 0 0 0 0 311 • 6r7 917 '„ ®T2y15 0 4114 4114 Task External Tasks - _-- Manual Task FNsh-only ] Split ,,,,,,,,,,,,,,,,,,,,,,,,, EA,sural Milestone J a ... tiorvonly - Progress Date CProject Schedule R2 Milestone ` Inactive Task -- Manual Summa RO811 Doadlme is Date Fd Project �" p Summary 4F ......... Inactive Milestone Manual Summary Project Summary Y" — — — — — -d Inactive Summary Start,nly C Page 4 City Council 21 — 46 11/21/2023 I-IM1,1111M Forms and Certifications The forms included as Attachment 3 and 5 in RFP 20-089 are completed, signed, and included as Appendix B. Proposal to Provide WDR Compliance Services - City of Santa Ana, RFP 20-089 25 August 4, 2020 City Council 21 —47 11/21/2023 APPENDIX A PROJECT TEAM RESUMES City Council 21 —48 11/21/2023 Ass essment/Rem ediation Wastewater/Stormwater E C Litigation Support Regulatory Compliance ENVIRONMENTAL Technology/GIS engineer with more than 20 years of project management He has extensive expertise in wastewater/sewer system program support, including fats, oils, and grease (FOG) program development, industrial wastewater pretreatment program development, sanitary sewer overflow (SSO) response and data management, stormwater compliance, collection system characterization, and geographic information system (GIS) / Jim routinely manages projects with complex regulatory compliance is- sues related to state enforcement, consent decrees, and compliance audits. He has managed multiple projects involving development and management of hundreds of permits, including thousands of facility inspections and enforcement actions. Jim holds a Bachelor of Science in industrial Engineering from San Jose State University. He maintains professional certifi- cation in Sanitary Sewer Overflow Reporting from the California Water Environment Association and in Pipeline Assessment and Certification from the National Association of Sewer Service Companies, EXPERIENCE Project Manager / Technical Lead, FOG Control Consulting, Various Municipalities I Nationwide • Provide expert FOG control consulting services, including ordinance and permit development, grease interceptor sizing and installation, sewer line characterization, inspection and enforcement procedures, and database and GIS manage- ment, • Clients include Boston. Water and Sewer, Seattle Public Utilities Commission, Orange County Sanitation District, Irvine Ranch Water District, and City of Santa Ana. Project Manager, Food Service Establishment Inspection Management Services, Various Municipalities I South- ern CA • Manages food service establishment inspection programs for five cities and sewer districts in support of FOG -control programs. Has overseen 20,000+ inspections to date and issuance of 7,500+ notices of noncompliance or violation. Manages issuance of compliance enforcement measures and tracking of corrective actions. Project Manager, Stormwater Management Services, Airgas Products I El Segundo, CA • Managed the development and implementation of a stormwater pollution prevention plan and monitoring and reporting program for the Airgas facility in Torrance, California. • Managed the National Pollutant Discharge Elimination System compliance and training services provided by EEC. Project Manager, Various Commercial and Industrial Wastewater Treatment/Stormwater Projects 1 CA • Routinely hired by commercial and industrial clients to assess, design, and develop effective, economical solutions for wastewater treatment systems. • Projects include enhancements to aeration system to increase efficiency, digester systems to reduce sludge disposal costs, and lift stations and interceptors to address odors. W EXPERIENCE (CON.) Project Manager, Pretreatment Program Development and Implementation, Various Municipalities I Nationwide • Pretreatment program assessment, development, and Implementation of key program elements, including legal authority review/development, industrial waste survey screening, and local limits development/implementation, • Managed the preparation of program manuals and procedures/guidelines for industrial user inspection, sampling, and enforcement activities. Project Manager / Subject Matter Expert, SSO Consent Decree Support, Confidential Client I CA • Managed all technical support activities related to an SSO consent decree response for a California sewer agency.. Work involved detailed assessment of SSO-related programs, recommendation of program enhancements, development and negotiation with the environmentalist group on behalf of the client for reasonable performance measures, and devel- opment and implementation of critical program upgrades. Technical Lead, Industrial Wastewater Pretreatment Audits, Multiple Clients I Nationwide • Audited multiple industral wastewater pretreatment programs involving categorical industrial user permit compliance, slug discharge control plans, discharge monitoring, enforcement response, and program reporting. Wastewater/Stormwater Litigation Support Regulatory Compliance Assessment/Remediation ENVI RON MENTAL Technology/GIS John is the founder and president of EEC. John has more than 25 years' experience managing water resource projects and helping clients achieve compiiance with their NPDES and other wastewater and storm water discharge permits. He leads the EEC FOG team that is national- ly recognized as a FOG control expert and has developed. implemented, and assessed more than 14 FOG control programs. Under John's direction, the EEC FOG team has conducted FOG characterization studies for 15 cities and wastewater districts. When FOG was identi- John was at the forefront of efforts to curb FOG discharges to the sewer system, serving as the program manager in the largest FOG control study in the country conducted on behalf of Orange County Sanitation District and its 26 member agencies. John holds a General Engineering Contractors License and is a member of the Water Environment Federation, California Water Environment Association, and California Association of Sewer Agencies. EXPERIENCE Program Manager, Sanitary Sewer Overflow Study I National • Oversaw a $250,000 national research study for Orange County Sanitation District and County of Orange on the caus- es of and solutions to SSOs. The study was conducted in response to the growing problem of beach closures In Orange County, California. Evaluated the causes of grease blockages linked to wastewater discharge from restaurants and residerfces; grease buildup creates sewer line blockages that result in SSOs and sewage flow to storm drains, creeks, and eventually beaches. Project Manager, 30 Industrial Stormwater Compliance Programs I Statewide Managed 30 separate industrial stormwater compliance programs throughout California and oversaw the following; stormwater sampling, containment system design and installation, stormwater pollution prevention plans, stormwater monitoring and reporting program preparation, and permitting with the California Regional Water Quality Control Board. Project Manager, Sewer System Characterization J Orange County, CA • Managed $1 million+ in sewer system characterization projects for cities and wastewater agencies in Orange County and oversaw CCTV inspections, sewer mapping using GIS, and structural and sewer blockage source identification. Project Manager, California Fats, Oils and Grease (CaIFOG) Workgroup I CA • Represented CaIFOG in negotiations with the International Association of Plumbing and Mechanical Officials concern- ing critical revisions to the Uniform Plumbing Code that would affect every severing agency in California. • CalFOG is a special workgroup within the Tri-TAC that focuses on the development of FOG control tools that may be used throughout the State; Tri-TAC, which is jointly sponsored by the California Association of Sanitation Agencies, California Water Environment Association, and League of California Cities, is a statewide technical advisory committee comprising members from public agencies and other professionals responsible for wastewater treatment. • The constituency base for Tri-TAC collects, treats, and reclaims 2 billion- gallons for wastewater each day and serves most of the sewered population in California. Assessment/ Remediation Wastewater/Stormwater Litigation Support 4tE C Regulatory Compliance ENV] RONM E N T A L Technology/GIS Joseph has performed more than 5,000 inspections of food service establishments (FSEs) for compliance with fats, oils, and grease (FOG) control programs, including those of the Costa Mesa Sanitary District, City of Santa Ana, City of La Habra, City of Anaheim, and Irvine Ranch Water District. Joseph has also conducted thousands of industrial pretreatment and stormwater inspections of industrial and commercial facilities. Joseph manages and schedules EEC's FSE inspection programs and provides training and quality control / quality assurance of EEC's FOG inspectors. Joseph is also EEC's lead auditor for sewer system management plan (SSMP) audits. To date, Joseph has conducted internal SSMP audits for the Costa Mesa Sanitary District, City of La Habra. City of Buena Park, City of Santa Ana, and City of Anaheim. Joseph holds a Bachelor of Science in Business Administration from York College in Nebraska; a certificate in Environmental Management from the University of California, Irvine, Extension; a certificate as a Grade I Environmental Compliance Inspector through the California Water Environment Association; and a certificate as a Qualified Industrial Stormwater Practitioner (01SP). Joseph also maintains certification in OSHA 40-hour HAZWO-PER training and in the Pipeline Assessment and Certification Program. EXPERIENCE FOG Inspector, FOG Inspection Programs for Multiple Cities and Sewer Agencies I Statewide, CA • Serves as the lead FOG inspector in support of FOG multiple cities and sewer districts including IRWD. • Completed thousands of FSE inspections in support of agencies' FOG control programs and has achieved a high rate of compliance for those FSEs. Senior Staff, FOG Control Consulting for Various Municipalities I Nationwide • Assists EEC's project managers to provide support for FOG control consulting services ranging from ordinance and permit development, grease interceptor sizing and installation requirements, sewer line characterization, inspection and enforcement procedures, sanitary sewer overflow response procedures, and database and GIS management. Project Manager/Lead Inspector, Industrial Pretreatment Program, City of El Segundo I El Segundo, CA Developed and implemented industrial pretreatment program for the City • Permitted categorical industrial users • Performed Industrial Waste Surveys • Conducted inspections for industrial users • Conducted and managed enforcement actions • Completed Annual Pretreatment Program Reports for submittal to local Regional Water Quality Control Board Lead Trainer, SSO Prevention and Response Program, City of San Gabriel I San Gabriel, CA • Trained City of San Gabriel staff on prevention of and response to SSO. • Training consisted of a classroom instruction session that reviewed State and City monitoring and reporting require- ments, proper response procedures, and proper volume calculation methods. Training also entailed field training sessions during which varying volumes of water were spilled and trainees practices containing the spills, estimating the volume of spilled water, and completing reporting forms. EXPERIENCE (CON.) Senior Staff, FOG Control Program Manual Development, Baltimore County I Baltimore, MD • Developed the FOG Control Program Manual for the Baltimore County FOG Control Program. • Manual included procedures for inspecting FSEs, requirements for installation of grease control devices, and FSE edu- cational materials that were created by EEC, including best management practices. Compliance Inspector, NPDES Inspections and Program Management, Cities of Santa Ana and Anaheim Orange County, CA • Performed hundreds of N PDES inspections for the City of Anaheim and the City of Santa Ana. • Currently manages the monthly NPDES inspection program and trains inspectors on the proper inspection procedures. Lead Auditor, SSMP Internal Audits for Various Municipalities I Nationwide • Assists EEC's project managers to provide support for conducting internal audits of SSMPs. • Reviews SSMP-related documentation and conducts interviews of municipality staff members, • Completes technical report documents specifying important findings and recommendations. Assessment/Remediation Wastewater/ Sto rmwate r Litigation Support Regulatory Compliance ENVIRONMENTAL Technology/GIS Fallon Franklin, a graduate from California State Polytechnic University, has been highly in- volved in the FOG control programs that EEC manages on a daily basis. Fallon has conduct- ed thousands of FOG inspections at food service facilities, and is intimately familiar with the wide variety of grease interceptor designs available. As a Staff Engineer with EEC, Fallon also assists with grease interceptor installation designs, plan review and plan approval, and unique installation design issues. Fallon also has extensive exierence with computer aided design (CAD) engineering Her ex- perience in CAD software has been showcased and featured on various platforms ranging from the installation of grease interceptors to designing isometric configurations for Important commercial, private, and public pipe systems. Her well respected experience has given her opportunities to teach proper usage of CAD software to college and high school students. EXPERIENCE FOG Inspector, FOG Inspection Programs for Multiple Cities and Sewer Agencies I Statewide, CA • Completed thousands of_FSE inspections in support of agencies's FOG control programs • Developed FOG control educational materials • Assisted with FOG control program design, implementation, and improvements Grease Interceptor Design for Multiple Food Service Facilities I Statewide, CA • Reviewed FSE layout and designs to determine proper grease interceptor installations • Developed plans for submittal and approval from regulatory agencies • Installation oversight • Performance monitoring and long-term management Compliance Inspector, NPDES Inspections and MS4 Program Management, City of Huntington Beach Orange County, CA • Performed hundreds of NPDES inspections for the City of Huntington Beach. • Currently manages the monthly NPDES inspection program and trains inspectors on the proper inspection procedures. SSO Response Support for Various Municipalities J Statewide, CA • Assists in the resposne and follow-up activities related to SSO events on behalf of agencies. During the SSO response,, the responsible party, cause of the SSO, and follow-up actions are identified. Fallon then developer enforcement letters and works with the responsible party to ensure future SSOs do not occur. Assessment/ Remediation W astewate rl Sto rm w ater CE C Litigation Support Regulatory Compliance E N V I R O N MENTAL TechnologylGiS Baltazar Maldonado, a graduate from California State University Long Beach, has conducted thousands of FOG inspections at food service facilities, NPDES stormwater inspections at industrial and commercial facilities, and SSO emergency response and elevated enforcement actions. Baltazar has also worked with industrial and commercial facilities on stormwater and FOG related BMP evaluations to determine the proper BMPs that should be implemented and to resolve consisten compliance issues. Baltazar is EEC lead responder for SSO occurances. During these events, Baltazar helps to determine the cause of the SSO and the necessary actions to resolve the SSO cause. Following the SSO event, Baltazar determines the necessary corrective actions to be conducted, and works with the facilities to ensure these actions are followed to prevent future SSO occurances. EXPERIENCE FOG Inspector, FOG Inspection Programs for Multiple Cities and Sewer Agencies I Statewide, CA • Completed thousands of FSE inspections in support of agencies's FOG control programs • Developed FOG control educational materials • Assisted with FOG control program design, implementation, and improvements Compliance Inspector, NPDES Inspections and MS4 Program Management, City of El Segundo Las Angeles County, CA • Performed hundreds of NPDES inspections for the City of El Segundo • Currently manages the monthly NPDES inspection program and trains inspectors on the proper inspection procedures. SSO Response Support for Various Municipalities I Statewide, CA • Assists in the responne and follow-up activties related to SSO events on behalf of agencies, During the SSO response, the responsible party, cause of the SSO, and follow-up actions are identified. Baltazar then developer enforcement letters and works with the responsible party to ensure future SSOs do not occur. Small MS4 Permit Program Management, Stormwater Sampling, Industrial General Permit Compliance, March Air Reserve Base I Moreno Valley, CA. • Conducted Storm Event Sampling • Developed Stormwater >4Monitoring Plan • Completed Required Reports per Permit Requirements Assessment/Remediation Wastewater/ Stormwater Litigation Support Regulatory Compliance E N V I R 0N M E N T A L Technology/GIS Mr. Keith Silva is 40-year veteran of the U,S. Environmental Protection Agency in positions ranging from physical science technician to environmental engineer in the Washington, D.C., headquarters office and Regions 7 and 9 field offices, Part of Mr. Silva's career has been to identify, using several sources of information including on -site inspections, industries or mu- nicipalities that should be the subject of EPA enforcement actions. He oversaw and worked with a team of 10 inspectors. He is a certified EPA Inspector authorized to perform inspec- tions under all of the laws EPA implements. The EPA training necessary to receive inspector credentials is extensive and includes several general law enforcement topics, such as effec- tine questioning techniques, working with uncooperative parties, defusing tense situations, and obtaining needed information quickly in response to an emergency situation. Throughout his career, Mr. Silva has en- countered and effectively dealt with all of these situations in the field. Mr. Silva has been successful in collaborating with industry and municipalities to achieve EPA's goals in the pretreatment program. A key element to his success has been the effort he invests in research and taking the time to clearly and simply explain EPA's position in a matter. In 1999, the Mayor of the City of Phoenix, Arizona, recognized Mr, Silva's contribution to the City and presented Mr. Silva with a "Friend of Phoenix" award in appreciation of his productive working relationship with the City. Mr. Silva has been very successful at the EPA in using the Internet to collaborate with stakeholders and manage the pretreatment program. In 2006, EPA's Administrator (then Stephen Johnson) and the agency's Web Workgroup recognized his pretreatment webslte for its clearly written content in plain English and its ease of navigation. Mr. Silva has been a frequent featured speaker at water pollution conferences, particularly at the California Water Environ- ment Association (CWEA) annual conferences. In recognition of his substantial public speaking contribution to CWEA, in 2003 the organization inducted him into an Honorary Order named "The Order of The Silver Cover." He is the 48th person to receive this award in the history of the association. Mr. Silva holds a Bachelor of Science in Aeronautical Operations from San Jose State University EXPERIENCE Environmental Engineer, U.S. Environmental Protection Agency, Region 9 1 San Francisco, CA • Managed pretreatment program in EPA's San Francisco office. • The pretreatment program is authorized under the Clean Water Act and controls Industrial wastewater that is discharged to municipal sewers and ultimately flows into municipal sewage treatment plants. EPA's San Francisco office covers Arizona, California, Hawaii, Nevada, Pacific Islands, and 147 Native American tribes. • Responsible for training, advising, and education, collaboration and program management, and technical and regulatory research and analysis in the Clean Water Act Compliance unit, which is the group that enforces the Clean Water Act.. • As a program manager, assisted industries and municipalities in solving problems before EPA enforcement became necessary. • Conducted public hearings before adversarial, confrontational audiences to accept comments and explain why contro- versial environmental requirements were necessary to protect a water resource. • Frequently answered water pollution questions from the public and represented EPA regional office in speaking with the press and media. Assessment/Rem ediation Wastewater/Stormwater Litigation Support Regulatory Compliance Technology/G IS kDuring his 38 years of professional experience, Dr. Dennis Kasper has provided technical advice and supervised the planning and implementation of major national and 'international environmental engineering projects. These projects include municipal, private, and industrial water supply and water/wastewater treatment with an emphasis on membranes including seawater and brackish desalination, zero discharge systems, water quality, water chemistry, water treatment and recycling. His experience includes assessing water quality requirements, identifying cost effective water treatment processes, and designing facilities to achieve clients' requirements. Dr. Kasper is also an Adjunct Professor at Loyola Marymount University teaching graduate courses in Desalination and Membrane Systems, Aquatic Chemistry, Physical and Chemical Treatment Processes, and Wastewater Treatment and Reclamation. Dr. Kasper holds a Ph.D. in Environmental Engineering and an M.S. in Civil Engineering from Caltech, Pasadena, CA and a B.S. in Civil Engineering from Loyola Marymount University, Los Angeles, CA. His areas of expertise include: Desalination, Membranes, Water Treatment Processes, Wastewater Reclamation, Island Water Supplies, Water Treatment Chemistry, and Distribution System Water Quality, PROFESSIONAL EXPERIENCE Reverse Osmosis • City of Corona, CA. Project manager for the design of a 15 mgd brackish groundwater reverse osmosis (RO) system consisting of welts, 10 mgd RO plant, blending system, source water and product delivery pipelines, and control system. Coronado, CA. Process Specialist for the preliminary design of a 0.75 MGD wastewater recycling system incorporating MBR biological treatment followed by partial reverse osmosis to manage TD5. Marin Municipal Water District, CA. Responsible for evaluation of seawater reverse osmosis desalination costs and project economic feasibility for a 15 mgd facility located on San Francisco Bay. Provided cost information reflecting latest reverse osmosis membrane and pumping system technologies and alternative procurement methods. • Monterey Peninsula "Water Management District, Monterey, CA. Project Manager for evaluation of desalination alternatives and development of project economics for seawater desalination plants with capacities ranging between 5 and 14 million gallons per day. Evaluated sites at Sand City and the Moss Landing Power Plant. • Tampa Bay, FL. Developed preliminary process design and cost estimates for 25 mgd seawater desalination plant co - located with a thermal power plant. Design included pretreatment, membrane selection, post -treatment and product water delivery. • Hong Kong. Served as Technical Director and Project Manager of feasibility study evaluating brackish water and seawater reverse osmosis for Hong Kong. RO pilot plant installed at the Lok On Pal multistage flash distillation plant to evaluate variations in seawater salinity and pretreatment requirements. • Chile Desalination Technologies Reverse Trade Mission, USA. Under contract to the U.S. Trade Development Agency served as reverse osmosis specialist accompanying a delegation from Chile evaluating technologies for seawater desalination. Prepared technical presentations and coordinated interviews with various U.S. membrane and equipment manufacturers and consulting engineers. Cannery Row LP, Monterey, CA. Project Manager for a study identifying and evaluating alternative seawater reverse osmosis systems for a multi -use development located on Cannery Row in close proximity to the Monterey Aquarium. • Port Hueneme, CA, US Navy. Directed a one year pilot evaluation of the standard military reverse osmosis water production unit for the US. Navy. The seawater RO pilot study evaluated various pretreatment systems including several MF and OF filters and two energy recovery systems. • Pebble Beach Company, Carmel Wastewater Wastewater Recycling System. Responsible for evaluation of reverse osmosis treatment of reclaimed water at Carmel, California. Developed water quality model to optimize tertiary and desalination system design and minimize overall costs to achieve the water quality required for the salt sensitive golf course turf. • Shayba, Saudi Arabia. Technical director and process specialist for a 250,000 gpd reverse osmosis water treatment system. Also served as Project Manager for preparation of environmental impact report on the development of a half - million gallon per day oil field gas separation plant, power generation system, airport serving, jet aircraft, 400 miles of pipeline and 200 miles of new roads. • IBM Electronics Manufacturing, Tucson. Evaluated existing problematic RO system. Piloted, designed and specified a zero -discharge industrial wastewater treatment system incorporating a vapor compression brine concentrator (500 MI/d) The brine concentrator reduced the RO reject flow discharged into over loaded solar evaporation ponds, • Bureau of Reclamation, Served as project consultant for the Bureau of Reclamation's Yuma Desalting Test Facility providing testing, design, and operational evaluations and recommendations. In this role, he evaluated many of the salinity and water quality problems of the Colorado River Basin including management of brines, disposal of softening sludge, and disposal of desalination waste solutions including membrane preservatives and spent cleaning solutions. • Alinda Capital: Technical Consultant for Alinda's Santa Paula CA Water Reclamation Facility. Alinda provided a 4.3 MGD wastewater recycling and groundwater recharge facility using a Design, Build, Own, Operate and Finance Contract (DBOF) vehicle. The facility included a RO system to prevent scaling of the MBR membranes. Dr. Kasper's role included review of: process designs, major equipment specifications and warranties, overall system integration, compliance with DBOF contract terms and conditions, construction contractor progress, and regulatory compliance. • San Francisco Public Utilities Commission, San Francisco CA. Project Managerfor Recycled Water Membrane Pilot Studies. Responsible for the procurement and operation of two membrane pilot plants at the Oceanside Water Pollution Control Plant, The pilot plants (GE Zenon and Pail) were used to optimize operating parameters and to develop capital and O&M cost estimates for producing Title 22 water from 30-30 secondary effluent currently discharged via ocean outfall. • Glenwood Springs Salt Control, CO. Process Specialist for a study evai'uating environmental impacts of treatment of saline discharges from Glenwood Springs into the Upper Colorado River. The overall system consists of interception wells, transmission mains, desalination treatment and brine crystallization and drying. • West Basin Municipal Water District, Carson Reclamation Plant, CA. Technical Director for the design and construction of a membrane reclamation plant with ultimate capacity of 20 mgd. The first phase facility consists of 6.5 mgd microfiltration pretreatment, 5 mgd RO, permeate stabilization. Plant feedwater is filtered secondary wastewater effluent and product water has TDS less than 100 mg/L. The microfiltration backwash is nitrified and used for industrial cooling water. • British Petroleum -West Basin Municipal Water District, CA. Determined feasibility and costs for a Reclaimed industrial water supply for the expansion of BP's southern California refinery and for supplying cooling water to a proposed hydrogen fueled power plant. Responsible for evaluating various alternatives for supplying 25 mgd recycled water to the BP Hydrogen Power Plant and Refinery from West Basin's recycled water system. Key considerations included boiler feed water and cooling tower water quality requirements, ammonia levels, and overali TDS and calcium hardness. • West Basin Municipal Water District, Carson CA. Responsible for treatment process selection for the expansion of the Carson Regional Water Recycling Facility from 5.8 MGD to 15 MGD. Processes are designed to provide both industrial cooling waters and boiler feed water. The boiler feed water system consists of two pass RO systems followed by a membrane deoxygenation to reduce oxygen to less than 7 ppb. • Los Banos Desalination Test Facility. Managed design project for California Department of Water Resources to evaluate pretreatment and membrane systems for proposed 400-mgd agricultural wastewater desalting plants. Selected Water Quality and Water Treatment Systems • Dubai. UAE Responsible for water quality considerations in the Dubai Water Supply Master Plan and evaluation of corrosion control to mitigate problems resulting from blending multiple water sources in their distribution systems. • Muscat, Oman. Evaluated reverse osmosis desalination system and evaporation processes as expansion alternatives in Muscat, Oman. Key consideration is blending with the existing groundwater supply which is experiencing seawater intrusion. Evaluated compatibility of distribution systems with alternate sources of water. • Water Quality Specialist, Southern Nevada Water Authority, Las Vegas, NV. Served as Water Quality Specialist on multiple projects including ground water and surface water treatment. A 60 1 Virgin -Muddy River System which would use pretreatment, first stage RO, interstage lime softening, second stage RO, brine recovery and brine evaporation. Responsible for developing process evaluation plan, process selection, and preliminary design. • San Gabriel Valley, CA. San Gabriel Basin Water Quality Authority — Technical Director for the prellminary design of a groundwater treatment system and preparation of the Environmental Impact Statement for the Baldwin Park Operating Unit, a 2C-million gallon per day groundwater treatment system. Worked with the Water Quality A treatment system consisting of air stripping with off -gas carbon adsorption followed by liquid phase carbon adsorption was designed and tasted. Project components consist of source water wells, piping and manifolds to deliver the water to the treatment plant, product water disinfection, and product water delivery to local potable water systems. • El Segundo, CA. Edward C. Little Water Recycling Facility, Phase V Design Build, West Basin Municipal Water District, El Segundo, CA. Serves as technical director for process engineering for the design and construction of the Phase V facilities consisting of ozone pretreatment of a secondary effluent, microfiltration, reverse osmosis, and AOP (UV and peroxide). The expansion increases Title 22 production used for irrigation and industrial cooling, two stage RO used as a high purity boiler feedwater and MF-RO-AOP used for direct injection into a seawater barrier without blending with a potable water supply. • City of Pacific Grove, CA. Prepared preliminary design and developed Design -Build procurement package for a 250,000 MBR wastewater reciamation system producing recycled water for golf course irrigation. Providing design review - approval and construction oversight for the City. • Carson Regional Water Recycling Facility Master Plan, Carson CA. Dr. Kasper served as a technical director for this WBMWD's regional recycling facility. Product water qualities evaluated include barrier injection water, single stage RO boiler feed, two stage RO boiler feed and industrial cooling water, WBMWD design criteria were applied to the equipment selection and process layout. The expansion processes were integrated with the existing process units and configured to minimize footprint requirements given the limited site area. Resort Islands DIVI Development Corporation, The Virgin Islands. Evaluated water resources, including wastewater reuse, aquaculture systems, and seawater reverse osmosis desalination to meet the water need of two large hotel developments located on the Virgin Island. Wastewater reclamation is more cost-effective than seawater desalination for irrigation of landscape and golf courses. • Paradise Island, Bahamas. Designed, supervised installation and startup of 0.5 MGD seawater reverse osmosis desalination system serving over 2,000 hotel rooms. High efficiency pumping/energy recovery incorporated to reduce power consumption. Beach seawater well supply and brine ourtfall were included in the project. • 5aipan. Served as technical director for the conceptual and preliminary design for a 15,000 CMD water supply system using seawater reverse osmosis for the Lao Lao Bay Resort Development in Saipan. Also addressed wastewater facilities at this a major development on the east side of Saipan. Defined potential environmental impacts. • New Providence Development Corporation, Nassau, Bahamas. Project Manager for the evaluation of salt water intrusion and over pumping of a groundwater infiltration system covering twenty-four hundred square acres. Multiple test wells were installed for profiling the salinity of the groundwater. Over extraction of the field had resulted in increasing chloride levels. Prepared preliminary design for treatment systems and partial RO to meet TDS requirements. • Polymetrics Inc., New Providence Island, Bahamas. Prepared water balances and developed irrigation requirements for the South Beach Resort under contract to Polymetrics, a manufacturer of seawater reverse osmosis systems. APPENDIX B FORMS AND CERTIFICATIONS City Council 21 — 60 11/21/2023 CITY OF SANTA ANA RFP NO.: 20-089 WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES APPENDIX ATTACHMENT 3: PROPOSER'S REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: Costa Mesa Sanitary District Address: 290 Paularino Ave, Costa Mesa, CA. 92626 Contract Amount: $110,000 Contact Individual: Mr. Scott Caroll Phone Number: (949) 645-8400 Facsimile Number: Year. 2004 - Present Description of supplies, equipment, or services provided: WDR and SSMP support, FOG program management and inspections, GIS support, CMMS support, and modeling service Reference Customer Name: Irvine Ranch Water District Contact Individual: Mr. Frank Soto Address: P.O. Box 5700 Phone Number: (949) 453-5844 Irvine, CA 92619 Facsimile Number: Contract Amount: $165,000 Year: 2004 - Present Description of supplies, equipment, or services provided: FOG program management and inspection services database and mapping services nonroutine customer support Reference Customer Name: City of Anaheim Address: 200 S. Anaheim Boulevard STE 276 Contact Individual: Jonathan Heffernan Phone Number: (714) 765-6860 Anaheim, CA. 92805 Facsimile Number: Contract Amount: $200,000 Year: 2008 - Present Description of supplies, equipment, or services provided: WDR and SSMP support, FOG program management and inspections, GIS support, database support City Council 21 — 61 11/21/2OMge 9 of 10 CITY OF SANTA ANA RFP NO.: 20-089 WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES Reference Customer Name: City of El Segundo Contact Individual: Mr. Lifan Xu Address: 350 Main St. Phone Number: 310524-2368 El Segundo CA. 90245 Facsimile Number: Contract Amount: $25,000 Year: 2015 - Present Description of supplies, equipment, or services provided: WDR and SSMP support, FOG program management and inspections, database support THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Please refer to Table 3 of the main proposal document for a full list of EEC references. City Council 21 — 62 11/21/2Ie 10 of 10 CITY OF SANTA ANA RFP NO.: 20.089 WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES 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'organ lzation, 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 State of Callforn County of 0ry Subscribed and sworn to (or affirmed) before me on this 4th day of August , 2020, by cx,r e�5 Y__0\11(1 , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me #-ZOL � L,-CjC Nota4 Public Signature Notary Public Seal gWHAN. lRUll;� w�l RICK .- Notary Public • QalNarnia a Qrangs County my comth. Mo Page t of x City Council 21 — 63 11/21/2023 CITY OF SANTA ANA RFP NO.: 20-089 WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: ` Title: 1\Print pal Engineer Firm: EEC Environmental Date: August 4, 2020 Pave 1 of I City Council 21 — 64 11/21/2023 CITY OF SANTA ANA RFP NO.: 20-089 WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES NON-DISCRIMINATION CERTIFICATION 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, sox, 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 noncompliance 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. Page 1 of 2 City Council 21 — 65 11/21/2023 CITY OF SANTA ANA RFP NO.: 20-089 WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the 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 a l the penalties imposed for a violation of the Chapter. Signed Title: Priq ipal Engineer Firm: EEC Environmental Date: August 4, 2020 Page 2 of 2 City Council 21 — 66 11/21/2023 J FEE PROPOSAL FOR WASTE DISCHARGE REQUIREMENT COMPLIANCE SERVICES FOR THE CITY OF SANTA ANA RFP No, 20-089 August 4, 2020 11 /21 /2023 CITY OF SANTA ANA RFP NO.: 20-089 WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES APPENDIX ATTACHMENT 2: FEE PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposal. I have examined the Scope of Services (Exhibit A). I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a separate file, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, and a Project Fee Schedule as listed below. All services performed by the consultant not specifically captured by the unit prices listed shall be compensated on a time and material basis: TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: EEC Environmental Item Description Unit Estimated Quantity Unit Price Total 1. Perform SSMP Audit Each 1 $ 11,500 $ 11,500 2. Perform SSMP Update Each 1 $ 7,500 $ 7,500 3. Lift Station Contingency Plan Development Lump Sum 1 $ 4,000 $ 4,000 4. Permitting Inspections' Each 100 $ 125 $ 12,500 5. GRE Inspections* Each 350 $ 100 $ 35,000 6. BMP Inspections* Each 500 $ 95 $ 47,500 7. Compliance Inspections* Each 200 $ 125 $ 25,000 8. LFP Confirmation Inspections* Each 100 $ 25 $ 2,500 9. FSE NPDES Inspections` Each 300 $ 25 $ 7,500 TOTAL $153,000 *These are estimated annual quantities. Actual inspection quantities over contract term may vary. City Council 21 — 68 11/21/20ge 8 of 10 Fee Proposal — Waste Discharge Requirements Compliance Services (RFP #20-089) EEC Environmental (EEC) is pleased to submit this fee proposal to provide continued Waste Discharge Requirement (WDR) and Environmental Compliance services, including Fats, Oils, and Grease (FOG) Program Management services, to the City of Santa Ana (City). The table below summarizes proposed unit/lump sum fees and provides estimated costs for As -Assigned Tasks, which will be performed on a time and materials basis pursuant to EEC's 2020 Fee Schedule (hourly rate schedule) provided following this page. Unit/Lump Sum Basis Items Unit Estimated Unit Price Total 1 Perform SSMP Audit Each 1 $ 11,500 $ 11,500 2 Perform SSMP Update Each 1 $ 7,500 $ 7,500 3 Lift Station Contingency Plan Lump 1 $ 4,000 $ 4,000 4 Permitting Inspections Each 100 $ 125 $ 12,500 5 IGRE Inspections Each 350 $ 100 $ 35,000 6 IBMP Inspections Each Soo $ 95 $ 47,500 7 lCompliance Inspections Each 20D $ 125 $ 25,000 8 LFP Confirmation Each 100 $ 25 $ 2,500 9 IFSE NPDES Inspections Each 300 $ 25 $ 7,500 Unit/Lump Sum Task Total: $ 153,000 As -Assigned (T&M) Items Basis Level of Effort Cost Est. - FOG Program Management T&M 275-325 hours $ 52,500 1 Maintaining Maps and Database T&M 150-175 hours $ 24,500 2 Training and Support T&M 150-175 hours $ 26,500 3 General Environmental Complinace Support Cross -Connection Program Support Potable Water Discharge Permitting/Support Production Well O&M Support Water Distribution Infrastructure Support Stormwater Compliance Support Project Management and Assistance T&M 150-200 hours 80-100 hours 150-200 hours 125-150 hours 80-100Inours 400-500 hours $ 25,000 $ 17,500 $ 35,000 $ 22,500 $ 17,500 $ 75,000 4 General Sewer System O&M Support T&M 1 200-250 hours $ 45,000 As -Assigned Tasks (Estimated) Total $ 341,000 Ek- PPP Prnnnwd — WnR (-nmphPnrP Services FP-1 August 4, 2020 City Council 21 — 69 11/21/2023 ENV[ RONMENTAL 2020 Fee Schedule PERSONNEL CHARGES The charge for all time required for the performance of the Scope of Work, including office, field and travel time, will be billed at the hourly rate according to the labor classifications set forth below: Labor Classification Hourly Rate Jr. Staff Engineer/Geologist/Scientist $115 Staff Engineer/GeologisVScientist $130 Sr Staff Engineer/Geologist/Scientist $145 Project Engineer/Geologist/Scientist - 1 $170 Project Engineer/Geologist/Scientist - II $180 Sr Project Engineer/Geologist/Scientist -1 $195 Sr Project Engineer/GeologisVScientist - II $215 Principal Geologist $240 Principal $240 Project Assistant $100 Technician $100 Drafter $125 Sr Technician $125 Compliance Inspector $120 Technician GIS/Technology $105 Analyst GIS/Technology $115 Sr Analyst GIS/Technology $125 Specialist GIS/Technology $135 Sr Specialist GIS/Technology $145 Supervisor GIS/Technology $160 Director/GIS Technology $175 Construction Technician $90 Construction Field Supervisor $110 Construction Manager $115 Sr Construction Manager $140 Technical Editor $110 Emergency response will be charged at a rate of 1.5 times the standard hourly rate. Travel Vehicles used on project assignments will be charged at $75 per day. Mileage is billed at the current rate established by the Internal Revenue Service plus mark up. Per Diem is billed at a unit cost of $60 per day. Airfare, lodging, rental cars and associated expenses are billed at cost plus 15%. Field Equipment Field Equipment is billed at standard unit costs. Rate schedules are available upon request. Subcontractors and Reimbursables The costs of subcontractors, materials, equipment rental and costs incurred will be charged at cost plus 15%. Other Project Charges The cost of additional report reproduction and special project accounting will be billed as appropriate. Plotting plans are charged by size, black and white or color, and by the number of copies supplied. Shipping and Postage Shipping charges include couriers and the postage necessary will be charged at cost plus 15%. Interest Charges Interest on late payments will be charged at the rate of 1.5% per month. Payment Terms When EEC Staff appear as expert witnesses at court Net 30 days apply to all work performed and trials, mediation, arbitration hearings and depositions, invoiced unless superseded by a specific executed their time will be charged at 2.0 times the standard rate. contract. All time spent preparing for such trials, hearings, and depositions, will be charged at the standard hourly rate. This Fee Schedule is adjusted each subsequent year to reflect the economic changes for the new year. The new schedule will apply to existing and new assignments. City Council 21 — 70 11/21/2023 2G29 Eng Fee Sdhed.k Digitally signed by F..dc e[L Francine R.V1llarea0)A11a 1 bate.202d1maow9e Aebn' ARff CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 10/30/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER GMGS Risk Management & Insurance Services 6201 Oak Canyon, Suite 100 Irvine, CA 92618 GUNJ NAME: CT Jennifer Barton PHONE FAx 949-559-3394 aIc No : 949-559-6703 ADDRESS: 'ennlferb m s.com INSURERS AFFORDING COVERAGE NAIC # WWw.gmgs.Com OB84519 INSURER A: Great Divide Insurance Company 25224 INSURED EEC Environmental INSURER B : American Fire and Casualty Company 24066 dba Enviromental Engineering Contracting Inc., INSURERC: INSURERD: One City Boulevard West, Suite 1800 Orange CA 92868 INSURER E: INSURER F L llV l^_ITLi I•lr� I: IIFII:ll1F MIIMMI-K' 902 ogl1 OC\ll01f kl 11111sAMCO. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INTR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER POLICY EFF MMIDDIYYri POLICY EXP MMID YYY1 LIMITS A I/ COMMERCIAL GENERAL LIABILITY CLAIMS•MADE �/ OCCUR GLP2006942-18 10/3112020 10/31/2021 EACHOCCURRENCE $5000000 DAMAGE TO RENTED PREMISES Ea occurrence $ 300 000 MED EXP (Any one person) $ 25 000 PERSONAL & ADV INJJRY $ 5 000 000 GEN'L AGGREGATE LIMITAPPLIES PER: POLICY F�] jCC7 D LOC OTHER: GENERALAGGREGATE $5,000,000 PRODUCTS - COMPIOP AGG $ 5 00O 000 $ B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BAA(21)58333458 10131 /2020 10/31/2021 Ea aBIN D SINGLE LIMIT $ 1 QOQ 000 BODILY INJURY (Per person) $ BODILY INJURY (Per ( ) $ PROPERTY DAMAGE Par accident $ $ UMBRELLALIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WCA200881517 5/2412020 5/24/2021 STATUTE OTRH- E.L. EACH ACCIDENT $ 1 QQQ 00O E.L. DISEASE - EA EMPLOYEE $1,iI E.L. DISEASE - POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: Job #W-1424.12T - Every Drop Counts - Santa Ana WDR This certificate may be relied upon only If the certificate addendum referred to herein is attached hereto, VtrcIlCll AI_C "ULULK CANCELLATION Job #W-1424.12T City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th floor Santa Ana CA 92702 ACORD 25 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Griff OO 1988-2015 ACORD t Council he name and logo are repTereITarks of ACORD /POLL/E!O/WC I JanniEar Barton 110/30/202D 1:d8:06 PM (Pbc) I Page 1 of 11 'Lesko R1akMmUgancntDlvI kn �T%x idEVIEWED & APPROVED Or S. 1, a 2 �1�[ldnat�em�Flt Analyst 58303173 120-21 AGENCY CUSTOMER ID; AC"RV ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED GMGS Risk Management & Insurance Services EEC Environmental dba Enviromentai En inearing Contracting Inc., POLICY NUMBER One City Boulevard West, Suite 1800 Orange CA 92868 CARRIER =ri FFECTIVE DATE: AIJUI I rUIVAL KLMAKKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of Santa Ana Risk Management Division ADDRESS: 20 Civic Center Plaza, 4th floor Santa Ana CA 92702 RE: Job #W-1424.12T - Every Drop Counts - Santa Ana WDR As respects General Liability coverage, City of Santa Ana, its officers, employees, agents and representatives are added as Additional Insured per CG20101219 and CG20371219 attached, and this insurance is primary per CG20011219 attached. As respects General Liability coverage, 30-day written notice of cancellation (10 days for non-payment of premium) applies per IL00171198 attached. As respects Automobile Liability coverage, City of Santa Ana, its officers, employees, agents and representatives are added as Additional Insured, and this insurance is primary per AC85430618 attached. As respects Automobile Liability coverage, 30-day written notice of cancellation (10 days for non --payment of premium) applies per IL00171198 attached. As respects Workers' Compensation coverage, 30-day written notice of cancellation (10 days for non-payment of premium) applies per WC040601A attached. P%%,V IJ tcuuary I) © 2008 ACORD C City Council e ACORID name and logo are regis 1red r7j!ks of ACORD 583B3173 20-21 G/A/UMB/POLL/ E&C/WC I Jennifer Barton 110/30/2020 1148:06 PM (PDT) I Page 2 ❑f 11 t hRWREisWlcEMDa&n�AIrrPmP>rRnotAmivlsBlnYn: ,�l Zvi" 'RRM/21RINlanagement Analyst EEC Environmental POLICY NUMBER: GLP2006942-18 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Locations Of Covered Operations Any person, organization, or project with whom the named insured executes a written contract prior to the start of the project and is shown on a certificate of insurance issued by our authorized representative prior to the start date of the project Information required to compfete this Schedule, if not shown above, will be shown in the Declarations. A. Section If — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "Property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 t uncll © Insurance Services Tice. F S., 2018 683a3173 1 20-21 G/A/OMB/POLL/ego/WC I Jennifer Barton 1 10/30/2020 1;46;06 PM IPDTJ I Page 3 of 12 Papa Alp1C ��W.IbiUfl REVIEWED APPROVED BY. 2aa%la a4emetntAnalyst 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 contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page Council O Insurance Services DAcee_ M., 2018 58383173 1 20-21 G/A/0MB/P0LL/E&0/KC Jennifer Barton 1 10/30/2020 ls46;06 PEA (P171') I Page 4 of 11 "� �Ns RisklNata�ruertEAivlsinn iE1 mm & ArrRavm 8Y. s. 204aana9emcV Analyst EEC Environmental POLICY NUMBER: GLP2006942-18 COMMERCIAL GENERAL LIA131LITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person, organization, or project with whom the named Insured executes a written contract prior to the start of the project and is shown on a certificate of insurance issued by our authorized representative prior to the start date of the project Information required to complete this Schedule, if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 5B383173 i 20-21 B. 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 contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. o'ur1CII U Insurance Services iAce %., 2D18 POLL/E&O/WC I Jennifer 9arton 110/30/202C 1:98:0G PM (POT) i Page 5 of 11 NAREmEwED & Apwavm By. 20"wagernent Analyst EEC Environmental dbu Enviromental Engineering Contracting Inc., GLP2006942-1 S COMMERCIAL GENERAL LIABILITY CG20011219 THIS ENDORSEMENT CHANCES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 81 t Fld 8 unCll © Insurance Services ')Ace— 17`6- 2018 503833.73 120-21 G/A/oMB/P01L/8&4/WC I Jennifer Barton 1 10/30/2020 1:48;06 PM (POT) i page 9 of 11 �,„.�H� WeieAAanagervertEDivis[an REVIEWED & AP{Pi''iav#g D By., r %202t� ,nagement Analyst BAA(21)58333458 Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who is An Insured is amended to include the following as an "insured": e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured is amended to include the following as an "insured": g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; s and (3) Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance. 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion is added: SECTION II - LIABILITY, Exclusion B.S. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss". This coverage is excess over any other collectible insurance. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, Is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Fo own, then the Physical Damage coverages provided are extended to "autos":^�cE„nEti„ _ 9} REvfEwE D & APPRovm By: © 2018LIberty Mutual insurance AC 85 Ity Ur1CIIupla ncludescopyrighted material of Insurance se2ijes c7r[Fe, Inc,,with its permissi �2Qt>,tanigementAnityst 58383173 20-21 G/A/UMB/PALL/E&O/WO I Jennifer Barton 110/30/2020 1:48;05 PM (PDT) I Page 7 of 11 O 2018Liberty Mutual Irmiranra AC 1564A96d8unClllncludes copyrighted material of Insurance Sek4pes C?f�pe, Inc., with its permfssi 58383173 1 20-21 G/A/t7Ma/P0I,L/E&0/WC J Jennifer Barton 1 10/30/2024 1:48e06 PM (PDT) i Page 8 of 11 The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 18. TWO OR MORE DEDUCTIBLES Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible : a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS , Paragraph B.2, is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.2.a, is replaced in its entirety by the follow- ing: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) Member, if you are a limited liability company; (4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (a) How, when and where the "accident" or "loss" took place; (b) The "insured's" name and address; and (c) The names and addresses of any injured persons and witnesses. 21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. 22, HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph B.7. Policy Period, Coverage Territory , is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on th States, the territories and possessions of the United States of America, Puert k R�k>~1anagemattOtvlslon a settlement we agree to. REVIEWED & APPROVED pv: 2 Q7�Ie�ulanagemenl Analyzt R This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. 23. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.S. Other Insurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V - DEFINITIONS is amended as follows: 24. BODILY INJURY REDEFINED Under SECTION V - DEFINITIONS , Definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. 99 AC 85 t �0U11ClIncludes copyrighted material of Insurance Se2iF s CMe, Inc., with its pormissi 58383173 1 20-21 G/A/OMBY/POLL/E&O/WC I Jennifer Barton 120/30/2020 1;48;66 PM (PDT) 1 Page 9 of 11 � RZak Mana&nlent DMsI0n ro" REVIEWED & APPROVED 8Y. m 20Qk&.nagement Fl[nlya EEC Environmental dba Enviromental Engineering Contracting Inc., COMMON POLICY CONDITIONS All Coverage Parts Included in this policy are subject to the following conditions. A. Cancellation I. The first Named Insured shown in the Deolara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium, or b. 30 days before the effective date of cancel- lation if we cancel for any other reason, 3. We will mail or deliver our notice to the first Named Insured's last. mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation_ The policy period will end on that date. S. If this pollcy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than {pro rats. The cancellation will be ef- fective even if we have not made or offered a refund. B. If notice Is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the Insurance afforded. The first Named Insured shown in the Declarations Is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement Issued by us and made a part of this policy. C. Examination Of Your Seeks And Records We may examine and audit your books and re- cords as they relate to this policy at any time dur- Ing the policy period and up to three years after - we rd. D. Inspections And Surveys 1. We have the right to; a. Make inspections and surveys at any time; IL 00 17 1198 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surabillty and the premiums to be charged. We do not make safety inspectlons. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards,. S. Paragraphs 1, and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance Inspections, surveys, reports or rec- ommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except In the case of death of an Individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive, Until your legal representative Is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 1198 Copyright, tnsuranee Services Office, Inc., 1898 City Council 21 — 80 58383173 20-21 C/A/UMB/POLL/ EEO/We I Jermifer BartOU 1 10/30/2020 1:40:06 PM (PIMP) I page 10 of 11 K1skM-9 mmiINalan REVIEWED & APPRovm BY: i�•. µ`w4CN:l�4� 202131anasernent Analyst WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 OB 01 A EEC Environmental dba Enviromental. Engineering Contracting Inc:, (Ed. 12J 93) WCA2008 81 S 17 CALIFORNIA CANCELATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown In Item 3.A. of the INFORMATION PAGE. The cancellation condition in Part Six (Conditions) of the policy is replaced by these conditions: CANCELATION 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; c. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the investigation of a claim; g. Failure to comply with Federal or State safety orders; h. Failure to comply with written recommendations of our designated loss control representatives; i, The occurrence of a material change in the ownership of your business; j. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss; k. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation; Copyright 1998by The Workers' Compensation Insurance Rating Bureau of Cafifomia. WI rights reserved. From the WCIRB's California Workers' Compensation Insurance Forts Manual Copyright 199 City Council INSURED 21 — 81 58383173 120-21 G/A/UM9/P0LL/BOO/WC I .7ennifer 9arton i 10/30/2020 IABA6 PM (PDT) I page 7.1 of 11 r"'RIA Z PjSkMettaVxwdD[vbbn REVIEWED & APPizavm 8Y. � r tl, iFbe�6, Risk ManalgertpQnt Anallpt EXHIBIT 2 FIRST AMENDMENT TO AGREEMENT TO PROVIDE WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on November 21, 2023, by and between EEC Environmental ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2021-009, dated January 19, 2021, by which Consultant agreed to provide waste discharge requirements compliance services and general environmental compliance services ("Agreement"). The engagement of Consultant for said services was based on the selection of Consultant's response to City's Request for Proposal No. 20-089. B. The Agreement remains in effect through January 18, 202d, with the provision for an extension of up to one (1) additional two (2) year period. The Agreement is current and in -effect. C. In December 2022, the State of California adopted Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (Water Quality Order No. 2022-0103-DWQ), which requires public agencies that own or operate sanitary sewer systems to develop and implement sewer system management plans and report all sanitary sewer spills to the State Water Board's online database. Water Resources' staff has relied on Consultant to guide the City in ensuring that all reporting requirements are satisfied. Due to these additional requirements mandated by the state, increased funding is needed to compensate Consultant for the additional services provided. D. Since the Agreement was executed, the demand for Fats, Oils, and Grease inspections and Waste Discharge Requirements compliance services has substantially increased because the number of food service establishments in the City continues to grow at a significant rate. E. The parties now wish to amend the Agreement by increasing the amount expended under the Agreement and to extend the term of the Agreement by the additional two (2) year period. The Parties therefore agree: l . Section 2, Compensation, is amended to increase the total compensation to be expended under the Agreement by $250,000.00, for a total amount not to exceed $610,000.00 for the team of the Agreement, including all extension periods. 2. Pursuant to Section 3 of the Agreement, Term, the time period of the Agreement is extended for the additional two (2) year term ending on January 18, 2026, 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. Page 1 of 2 City Council 21 — 82 11/21/2023 SIGNATURE PAGE TO FIRST AMENDMENT TO AGREEMENT TO PROVIDE WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year fast written above. ATTEST JENNIFER L. HALL City Clerk APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: JONATHAN T. M T1NEZ Assistant City Attorney RECOMMENDED FOR APPROVAL NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager CONSULTANT By: Title:G- Page 2 of 2 City Council 21 — 83 11/21/2023 City Attorney Office www.santa-ana.org/city-attorneys-office Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Consultant Services Related to City Manager Recruitment AGENDA TITLE Approve Agreement with Jacob Green & Associates for Consultant Services Related to City Manager Recruitment (General Fund) RECOMMENDED ACTION Approve an agreement with Jacob Green & Associates for organizational and leadership development consulting services, including executive search services for recruitment for a permanent City Manager, for a term beginning November 21, 2023 and ending June 30, 2024 with one optional six-month extension, in an amount not to exceed $50,000 (Agreement No. 2023-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Jacob Green & Associates is a government consulting firm specializing in organizational and leadership development, emergency management, and public safety. The firm also has extensive experience in executive search and recruitment services for government agencies. The company is located in Orange County. Jacob Green, President & CEO, is a nationally recognized expert in leadership development and crisis management. Prior to starting his consulting firm, Mr. Green was a city executive and helped oversee 1,200 employees and a $500 million budget. FISCAL IMPACT Funds are available in the Human Resources contractual services account (account No. 01109051- 62300). Future fiscal year funding, if needed, will be included in the proposed FY 2024-25 budget for City Council consideration. City Council 22 — 1 11/21/2023 Consultant Services Related to City Manager Recruitment November 21, 2023 Page 2 EXHIBIT(S) 1. Professional Services Agreement Submitted By: Ramon Figueroa, Acting Executive Director of Human Resources Sonia R. Carvalho, City Attorney Approved By: Steven A. Mendoza, Acting City Manager City Council 22 — 2 11/21/2023 PROFESSIONAL SERVICES AGREEMENT WITH JACOB GREEN & ASSOCIATES THIS AGREEMENT is made and entered into on this 21 st day of November, 2023 by and between Jacob Green & Associates Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). City and Consultant are also referred to as the Parties or singularly as a Party to this Agreement. RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of organizational and leadership development including transition planning and executive staffing search services related to permanent City Manager recruitment. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for Phase One from City, the total amount of $8,500.00 which includes all travel. There will be no cap on the number of meetings, discussions and correspondence. The rates and fees associated with Phase Two as set forth in Exhibit A will be mutually agreed upon by the City and Consultant in the event the Parties move forward with Phase Two. b. The total amount to be expended during the term of this Agreement shall not exceed $50,000.00. c. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 9 #32 City touncil 22 — 3 11 /21 /2023 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2024, with the option for the City to grant one, six (6) month renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: Page 2 of 9 #32 City touncil 22 — 4 11 /21 /2023 1. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 2. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. This coverage requirement may be waived by the City's Risk Management Division in its sole discretion. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The Page 3 of 9 #32 City touncil 22 — 5 11 /21 /2023 policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all he requirements stated herein, and Consultant shall ensure that City is an additional insured on the insurance required from subcontractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable Page 4 of 9 #32 City touncil 22 — 6 11 /21 /2023 relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Page 5 of 9 #32 City touncil 22 — 7 11 /21 /2023 Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by either Party upon thirty (30) days written notice of Page 6 of 9 #32 City touncil 22 — 8 11 /21 /2023 termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the City may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 7 of 9 #32 City touncil 22 — 9 11 /21 /2023 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: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-6515 To Contractor: Mr. Jacob Green President & CEO Jacob Green & Associates, Inc. 13217 Jamboree Road #248 Tustin, California 92782 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 8 of 9 #32 City touncil 22 — 10 11 /21 /2023 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: •_• i Laura A. Rossini Chief Assistant City Attorney CITY OF SANTA ANA Steven Mendoza Acting City Manager CONSULTANT: 1 Ja President & CEO Page 9 of 9 #32 City touncil 22 —11 11 /21 /2023 EXHIBIT A SCOPE OF SERVICES City Council 22 — 12 11/21/2023 Phase One • Consultant will advise the City Council on City Management transition options and best practices; • Consultant will coordinate and communicate with Interim City Manager throughout transition process. • Consultant will meet with each council member individually to discuss councilmember needs and vision for a successful leadership transition. • Consultant will meet with City Council in closed session to develop collective vision and recruitment approach for permanent City Manager recruitment. Phase Two • Permanent City Manager Recruitment- upon completion of Phase One and mutual agreement of the Parties. City Council 22 — 13 11/21/2023 City Attorney's Office www.santa-ana.org/city-attorneys-office Item # 23 ram`' City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Agreements and Amendments to Agreements for Legal Services AGENDA TITLE Approve Agreement for Legal Counsel Services and Approve a Separate Agreement for Special Services: Training and Consulting Services with Liebert Cassidy Whitmore (LCW); Approve Amendment to Agreement with Richards Watson & Gerson APC for Legal Services; Approve Agreement with Ring Bender for Legal Services; and Approve Agreement with Goldfarb & Lipman LLP for Legal Services (General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute an Agreement with LCW to provide special legal counsel services for an amount not to exceed $300,000 for a term beginning November 21, 2023 and ending December 31, 2026 with one optional one-year extension, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 2. Authorize the City Manager to execute a separate Agreement for Special Services with LCW to provide training and consulting services as a member of the Orange County Employment Relations Committee, renewable annually, in an amount not to exceed $5,000 plus a 5% annual increase, per year, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023- XXX). 3. Authorize the City Manager to execute a first amendment to an agreement with the law firm of Richards Watson & Gershon APC (RWG) for legal services for municipal advisory and litigation services including, but not limited to, elections work and employment matters, for the period of June 1, 2020 until May 31, 2024, in an amount not to exceed $300,000 for a total amount not to exceed $550,000, subject to non - substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-XXX). 4. Authorize the City Manager to execute a legal services agreement with the law firm of Ring Bender LLP for municipal litigation services, including but not limited to City Council 23 — 1 11/21/2023 Agreements and Amendments to Agreements for Legal Services November 21, 2023 Page 2 litigation regarding AC 2525 Main v. City of Santa Ana, for the period of November 21, 2023 to June 30, 2026, with an option to extend for up to one year, in an amount not to exceed $500,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 5. Authorize the City Manager to execute a legal services agreement with the law firm of Goldfarb & Lipman LLP for municipal advisory and litigation services, including but not limited to, defending the City in litigation challenging the Rent Stabilization and Just Cause Eviction Ordinance, housing, affordable housing, fair housing, rent stabilization, land use, and real property issues for the period of November 21, 2023 to November 30, 2026, with an option to extend for up to one year, in an amount not to exceed $500,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION Liebert Cassidy & Whitmore The City has had a contractual relationship with LCW for special legal counsel services, primarily in the area of labor relations, labor negotiations, and representing the City in administrative hearings before the Public Employment Relations Board. This Agreement will provide the Human Resources Department with the resources necessary to efficiently meet the specialized legal needs of the City, on an as -needed basis. LCW has specialized experience and expert knowledge in the fields of employment and labor law matters. The Agreement is for an amount not to exceed $300,000 for a term beginning November 21, 2023 and ending December 31, 2026 with one optional one- year extension. The City has been a member of the Orange County Employment Relations Consortium for several years. This membership has an annual fee of less than $5,000 and provides the City with group training workshops, monthly newsletters covering employment relations developments, and annual access to LCW library services. This Agreement expires on December 31, 2023. However, the Human Resources Department is seeking approval to execute an agreement to renew the membership for another year through December 31, 2024, for a total amount not to exceed $5,000. If the membership is renewed at the end of each agreement term, the total annual fee will increase by 5% annually. Staff recommends approval of the agreements to provide the special legal and training/consulting services in an efficient manner, on an as -needed basis by the City. The two Agreement do not guarantee work for LCW. City Council 23 — 2 11/21/2023 Agreements and Amendments to Agreements for Legal Services November 21, 2023 Page 3 Richards Watson & Gershon APC On June 1, 2020, the City Attorney's Office engaged RWG for specialized municipal litigation and advisory services and for overflow work when necessary. In particular, the City Attorney's Office has utilized RWG for elections matters. The City exercised its option to extend the term of the Agreement to continue services until May 31, 2024 and now seeks approval to add $300,000 in funds to the agreement for a total not to exceed amount of $550,000. RWG currently represents the City in ongoing litigation brought by Share Our Selves Corporation in federal court challenging the validity of a zoning ordinance adopted by the City. The law firm of Richards, Watson & Gershon is a well -regarded municipal law firm specializing in general municipal law services and litigation. Rina Bender LLP The legal services agreement with Ring Bender LLP is set at a not -to -exceed amount of $500,000 for the term of November 21, 2023 to June 30, 2026 for municipal litigation services, including but not limited to litigation regarding AC 2525 Main, LLC v City of Santa Ana. Ring Bender has successfully represented the City in prior engagements with the City Attorney's Office (CAO) and its attorneys have a long history of representing municipal entities on a wide range of matters and litigation including on environmental, land use, water rights, governance, contractual, Section 1983 claims, and employment issues. Goldfarb & Lipman LLP The legal services agreement with Goldfarb & Lipman LLP is set at a not -to -exceed amount of $500,000 for the term of November 21, 2023 to November 20, 2026 for municipal advisory and litigation services including defending the City in litigation involving challenges to the City's Rent Stabilization and Just Cause Eviction Ordinance. Legal services provided by this firm focus on serving public entities with a positive community impact through affordable housing and community economic development. Its range of services will provide CAO access to a firm with decades of experience in housing, affordable housing, fair housing, rent stabilization, land use, and real property. FISCAL IMPACT Liebert Cassidv & Whitmore The estimated expenditures below are strictly approximations; contract authority may be paid in its entirety during any given fiscal year, expended throughout the term of the contract, or not spent at all. Moreover, any contract services and associated expenditures are subject to available funding in the Human Resources Department budget. Funds for the Special and Legal Services Agreement are budgeted and available in the Human Resources Services, Contract Services -Professional account (no. 01109051 — 62300) for FY2023-24. Future fiscal year funding will be included in the proposed budgets for City Council consideration. City Council 23 — 3 11/21/2023 Agreements and Amendments to Agreements for Legal Services November 21, 2023 Page 4 Fiscal Year Amount 2023-24 $100,000 2024-25 $100,000 2025-26 $100,000 Total $300,000 Funds for the Agreement for Special Services are budgeted and available in the Human Resources Services, Training account (no. 01109050 — 62120) for FY2023-24 and will be budgeted on an ongoing basis. This initial agreement is not to exceed $5,000 plus a 5% annual increase, per year. Richards Watson & Gershon APC Specialized legal services during the remainder of the term for this Agreement, fiscal year 2023-24, will be paid out of the General Non -Departmental Contractual Services (Account No. 01105015-62300)** funds. Ring Bender LLP Funds are available in the General Non -Departmental fund contractual services (Account No. 01105015- 62300)** and will be budgeted in future fiscal years as follows. Future fiscal year funding will be included in the proposed budgets for City Council consideration. Fiscal Year Amount 2023-24 $200,000 2024-25 $150,000 2025-26 $150,000 Total $500,000 Goldfarb & Ligman LLP Funds are available in the General Non -Departmental fund contractual services (Account No. 01105015- 62300)** and will be budgeted in future fiscal years as follows. Future fiscal year funding will be included in the proposed budgets for City Council consideration. Fiscal Year Amount 2023-24 $200,000 2024-25 $150,000 2025-26 $150,000 Total $500,000 Note: The FY 2023-24 budget includes $600,000 for litigation in the non -departmental section of the General Fund budget. This is enough to get started with these contracts. However, staff expects to need additional funding. The Finance Department intends to City Council 23 — 4 11/21/2023 Agreements and Amendments to Agreements for Legal Services November 21, 2023 Page 5 bring forward a staff report with recommended budget adjustments no later than the Mid -Year Budget Report currently scheduled for the second meeting in February. EXHIBIT(S) 1. Legal Services Agreement with Liebert Cassidy Whitmore 2. Agreement for Special Services (Orange County Employment Relations Consortium) with Liebert Cassidy Whitmore 3. First Amendment to Agreement with Richards Watson & Gershon APC 4. Agreement for Legal Services with Ring Bender LLP 5. Agreement for Legal Services with Goldfarb & Lipman LLP Submitted By: Sonia Carvalho, City Attorney Approved By: Steven A. Mendoza, Acting City Manager City Council 23 — 5 11/21/2023 LEGAL SERVICES AGREEMENT WITH LIEBERT CASSIDY WRITMORE THIS AGREEMENT is made and entered into this 21st day of November, 2023. by and bet\veen Liebert Cassidy Whitmore. a Professional Law Corporation ("Attorneys") 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"), RF.C'ITAI.0 A, The City desires to employ Attorneys to assist the City in providing labor negotiations and labor relations and with defending the City before administrative boards on labor matters. Legal services will include but are not lirnited to providing legal advice, drafting of labor relations documents, researching legal issues, attending labor negotiation meetings, providing negotiation services to the City, representing the City before administrative boards regarding labor matters, and drafting legal pleadings. B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the fields of employment and labor law matters, in particular public agency labor negotiations and proceedings before the California Public Employment Relations Board and other administrative boards and desire to undertake said services. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions fiereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Attorneys will assist and advise the City in transactional and negotiation services related to the City's labor negotiations with any and all City labor organizations and/or representing the City before administrative boards when and as requested by the City. Attorneys accept said retention and agree to perform, in a timely and efficient manner all such services as may be requested by the City. Attorneys shall confirm their acceptance of work requested by the City in writing by e-mail or letter. 2. COMPENSATION a. FEES City agrees to cornpensate Attorneys. and Attorneys agree to accept from City, as and for payment in full for all services for the foregoing Actions, compensation at the rates set forth in the attached fee schedule in Exhibit A. Time will be billed in 1/10t}1 ofan hour increments. During the term of this Agreement, the total amount authorized for services pursuant to this Agreement is three hundred thousand dollars and no cents ($300,000.00). This amount includes compensation for services provided since July 1, 2023. City Council 23 — 6 11/21/2023 b, REIMBURSEMENT FOR COSTS City agrees to reimburse Attorneys for out-of- pocket expenses, including but not limited to, mileage, copying costs, service of process, mail services, and any relevant services authorized by the City Attorney in connection with the performance of duties under this Agreement. Copying charges will be reimbursed at the rate of 10 cents per page. Any costs in excess of $5,000 require approval of the City Attorney prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice. C. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc.). 3. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City, as aforesaid, shall be and remain under, and subject to the control and direction of said City at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters related to any representation undertaken by Attorneys. Attorneys further agree, if and when their employment hereunder is terminated by City, as hereinafter specified, they shall return to the City Attorney any and all fifes then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 4. TERM This Agreement shall commence on November 21, 2023 and terminate on December 31, 2026, unless terminated earlier pursuant to Section 13, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney for one (1 ) additional year. 5. INDEPENDENT CONTRACTOR Attorneys shall, during the entire term of this Agreement, be construed to be independent contractors 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 Attorneys perform the services which are the subject matter of this Agreement: however, the services to be provided by Attorneys shall be provided in a manner consistent with all applicable standards and regulations governing such services, Attorneys shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. City Council 23 — 7 11/21/2023 6. INSURANCE a. Attorneys shall provide to the City proof of Prior to undertaking performance of work under this Agreement. Attorneys shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 coveting CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. ii. Automobile Liability: Insurance Services Office Form Number CA [Idol covering, Code I (any auto), or if Instructor has no owned autos, Code 8 (hired) and 9 (non -owned), with limits no less than $1,000.000 per accident for bodily injury and property damage. iii. Workers' Compensation; as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. iv, Professional Liability errors and omissions insurance: with a combined single limit of not less than $10001,000 per claim, and maintain such insurance thrortghout the term of this Agreement. b. If the Attorneys maintains broader coverage and/or higher limits than the minimums shown above, the City of Santa Ana requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Attorneys. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Ana. C. Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain. the following provisions: i, Additional Insured Status- The City of Santa Ana, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL, policy with respect to liability arising out of work or operations performed by or on behalf of the Attorneys including materials. parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Attorney's insurance (at least as broad as ISO Morin CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33. or CG 20 38 and CG 20 37 if a later edition is used). ii. Primary Coverage- For any claims related to this contract, the Attorney's insurance coverage shall be primary coverage at least as broad as ISO CG 1 City Council 23 — 8 11/21/2023 20 01 04 13 as respects the City of Santa Ana, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Santa Ana, its officers, officials, employees, or volunteers shall be excess of the Attorney's insurance and shall not contribute with it. iii. Notice of Cancellation_ Certificate of Insurance shall provide thirty (30) day prior written notice of cancellation in a form approved by the City. d. Waiver of Subrogation- Attorneys hereby grants to City of Santa Ana a waiver of any right to subrogation, which any insurer of said Investigators may acquire against the Entity by virtue of the payment ❑f' any loss under such insurance. Attorneys agrees to obtain an), endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of'subrogation endorsement from the insurer. C. if Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse 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 tenninate this Agreement. Such termination shall not affect Attorney's right to be paid for its time and materials expended prior to notification of termination. 7. INDEMNIFICATICN Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, malpractice, damages, restitution, judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful performance or conduct related to this Agreement. S. CONFIDENTIALITY All information and dOCLIMeittS shared with Attorneys, as well as all work perforined by Attorneys in connection with this Agreement, should be treated as strictly confidential. Moreover, all communications between Attorneys and City shall be treated as protected by the attorney -client privilege and the attorney work product doctrine, Accordingly, information received by Attorneys from City should be kept in a secure place, and no information about this work may be disclosed to any third party without City's prior written approval. Attorneys shall provide materials directly to the City Attorney, or selected members of his/her office, as directed by the City Attorney. All such information and any written product in connection with Attorneys' retention under this Agreement, shall be marked as "PRIVILEGED AND CONFIDENTIAL / ATTORNEY -WORK PRODUCT" and shall be the property of the City, and shall be returned/provided to the City with all copies upon the request of the City Attorney. 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 Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of 4 City Council 23 — 9 11/21/2023 confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City, 9. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement or which would constitute a violation of the Rules of Professional Conduct. 10. 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 facsimile or other electronic communication in the manner provided in this Section, to the following persons. To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P'O. Box I988 Santa Ana, California 92702-1988 Facsimile (7I4) 647-6956 Copies to, Executive Director Human Resources Agency City of Santa Ana 20 Civic Center Plaza (M-24) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-6930 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702-1989 Facsimile (714) 647-6515 To Attorneys: Attention:.], Scott Tiedemann, Managing Partner Liebert Cassidy Whitmore, ANC 6033 W. Century Blvd., 5"' Floor Los Angeles, CA 90045 A party may change its address by giving notice in writing to the other party. Thereafter, any Corn MLill ication 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 City Council 23 — 10 11/21/2023 addressed as set fortis above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth oil the transmission report issued by the transmitting facsimile machine, addressed as set lbrth above. For purposes of calculating these time frames, weekends. federal, state. County or City holidays shall be excluded. II. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys regarding the subject matter herein, and supersedes any and all other agreements, oral orwritten, between the parties. In the event ofa conflict between the terms of this Agreement and an_v attachments hereto, the terms of this Agreement shall prevail and will serve to fully supersede existing Agreement. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Attorneys. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms or conditions hereof, shall not bind or obligate Attorneys nor the City. Each party to this Agreement acknowledges that no representations. inducements. pro anises or agreements, oral I or otherwise, have been made by any party, or anyone acting oil behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys 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 that are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by City at any time. III such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of'such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated Linder this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case. City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in in the Actions. 14. NON-DISCRIMINATION Attorneys shall not discriminate because of race. color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, disability or any other protected class pursuant to federal or state law, in the r-eeruitment, selection, training, utilization. promotion, termination or other employment related activities or any activities tinder this Agreement. Attorneys affirm City Council 23 —11 11/21/2023 that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICITON - 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. 16. PROFESSIONAL LICENSES Attorneys 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. Attorneys shall notify the City immediately and in writing of the inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROMVISIONS 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 fally, 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. 18. COUNTERPARTS; SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission, ernail, or otherwise, each of which sliall be deemed to bean original. Photocopies of any executed counterpart shall have the same force and effect as an original, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer Hall City Clerk CITY OF SANTA ANA Steven Mendoza Acting City Manager City Council 23 — 12 11/21/2023 APPROVED AS TO FORM: Sonia R. Carvallln City Attorney BY= kS'� Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: LIESERT CASSIDV WHITMORE, APC Ramon Figueroa Acting Executive Director ]-41111an Resources y: J. Scott Tiedmann Managing Partner City Council 23 — 13 11/21/2023 Exhibit A LIEBERT CASSIDY WHITMORE FEESCHEDULE Partners $42 5.00 Senior Counsel $355..00 Associates $260.00 - $335.00 Labor RelatlollS/1-lu111RD Resources C011SUlt711t $270.00 Paralegals $145.00 E-Discovery Specialists $145.00 Law Clerks $ 145.00 - $185.00 City Council 23 — 14 11/21/2023 SA370 AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the City of Santa Ana, A Municipal Corporation, hereinafter referred to as "Agency," and the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation, hereinafter referred to as "Attorney." WHEREAS Agency has the need to secure expert training and consulting services to assist Agency in its workforce management and employee relations; and WHEREAS Agency has detennined that no less than fifty (50) public agencies in the Orange County area have the same need and have agreed to enter into identical agreements with Attorney; and WHEREAS Attorney is specially experienced and qualified to perform the special services desired by the Agency and is willing to perform such services; NOW, THEREFORE, Agency and Attorney agree as follows: Attorney's Services: During Calendar year 2023, Attorney will provide the following services to Agency (and the other aforesaid public agencies): 1. Six (6) days of group training workshops covering such employment relations subjects as management rights and obligations, negotiation strategies, employment discrimination and affirmative action, employment relations from the perspective of elected officials, performance evaluation (administering evaluations), grievance and discipline administration for supervisors and managers, planning for and responding to concerted job actions, current court, administrative and legislative developments in personnel administration and employment relations, etc., with the specific subjects covered and lengths of individual workshop presentations to be determined by Agency and the other said local agencies. It is expressly understood that the material used during these presentations, including written handouts and projected power points are provided solely for the contracted workshops. This agreement warrants there will be no future use of Liebert Cassidy Whitmore material in other trainings or formats without the expressed written permission of Liebert Cassidy Whitmore. Any such use will constitute a violation of this agreement and copyright provisions. 2. Availability of Attorney for Agency to consult by telephone. Consortium calls cover questions that the attorney can answer quickly with little research. They do not include the review of documents, in depth research, written responses (like an opinion letter) or advice on on -going legal matters. The caller will be informed if the question exceeds the scope of consortium calls. Should the caller request, the attorney can assist on items that fall outside the service, but these matters will be billed at the attorney's hourly rate. (See additional services section.) 3. Providing of a monthly newsletter covering employment relations developments. 4. Annual Access to Premium Liebert Library Services. Fee: Attorney will provide these special services to Agency for a fee of Four Thousand Five Hundred Forty Five Dollars ($4,545.00) payable in one payment prier to August 15, 2023. The fee, if paid aver August 15, 2023 will be $4,645.K City Council 23 — 15 11/21/2023 SA370 Said fee will cover Attorney's time in providing said training and consultative services and the development and printing of written materials provided to attendees at the training prograrns. Additional Services: Attorney shall, as and when requested by Agency, snake itself available to Agency to provide representational, litigation, and other employment relations services. The Agency will be billed for the actual time such representation services are rendered, including reasonable travel time, plus any necessary costs and expenses authorized by the Agency. The range of hourly rates for Attorney time is from Two Hundred Forty to Four Hundred Twenty Five dollars ($240.00 - $425.00) per hour for attorney staff, Two Hundred Seventy Dollars ($270.00) per hour for Labor Relations/HR Consultant and from One Hundred Forty -Five to One Hundred Eighty -Five Dollars ($145.00 - $155.00) per hour for services provided by paraprofessional and litigation support staff. Attorneys, paraprofessional and litigation support staff bill their time in minimum units of one -tenth of an hour. Attorney reviews its hourly rates on an annual basis and if appropriate, adjusts them effective July 1. Independent Contractor: It is understood and agreed that Attorney is and shall remain an independent contractor under this Agreement. Term: The term of this Agreement concludes on December 31, 2023. The term may be extended for additional periods of time by the written consent of the parties. Condition Precedent: It is understood and agreed that the parties' aforesaid rights and obligations are contingent on no less than fifty (50) local agency employers entering into a substantially identical Agreement with Attorney on or about January 1, 2023. LIEBERT CASSIDY'WHITMORE A Professional_ Corporation Date: Scott Tiedemann / Managing Partner CITY OF SANTA ANA A Municipal Corporation Name: Title: ❑ate:. City Council 23 — 16 11 /21 /2023 ATTEST: JENNIFER HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: JASON MOTSICK Executive Director Human Resources Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager City Council 23 — 17 11/21/2023 FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT WITH RICHARDS WATSON & GERSHON APC THIS FIRST AMENDMENT to the above -referenced agreement is entered into on November 21, 2023, by and between Richards Watson & Gershon, a California professional corporation ("Attorneys"), 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"). Collectively City and Attorneys are also referred to as "the Parties". RF.f TAi,C A. The Parties entered into Agreement No. A-2020-081 ("Agreement") on April 21, 2020, to provide legal services to the City, for general municipal law advisory and litigation matters including, but not limited to, election and employment -related matters. B. On May 16, 2023, the Parties exercised their option to extend the Agreement for an additional one-year period until May 31, 2024. The Agreement is current and in -effect. C. The parties now wish to amend the Agreement to increase the overall compensation to the Agreement. No other changes are contemplated by this First Amendment. The Parties therefore agree: 1. Section 2.a., Compensation, is hereby amended to increase the total compensation by three hundred thousand dollars ($300,000). The total compensation amount for this Agreement shall not exceed five hundred and fifty thousand dollars ($550,000). 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. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney L.A.G ral kc-g NW Laura A. Rossini Chief Assistant City Attorney CITY OF SANTA ANA Steven Mendoza Acting City Manager WATSON & GERSHON APC Saskia T. Asamura, Esq. Shareholder City Council 23 — 18 11/21/2023 LEGAL SERVICES AGREEMENT WITH RING BENDER LLP This AGREEMENT is made and entered into on this 21 st day of November, 2023, by and between Ring Bender LLP ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ("City"). RFCITAUS A. The City of Santa Ana and the City Attorney desires to employ Attorneys to assist the in- house attorneys for the City ("City Attorney") in the provision of legal services to the City. B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of municipal litigation. 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. RETENTION OF ATTORNEYS On an as -needed basis, and at the sole discretion of the City, City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney with litigation. Attorneys accept said retention and agree to perform, in a timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or letter. 2. COMPENSATION FOR SERVICES RENDERED a. City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all services for the foregoing services and at rates detailed in Exhibit A, attached hereto and incorporated by reference. Time will be billed in 1/10th of an hour increments. b. The total sum to be expended under this Agreement for attorney's fees and out of pocket expenses, shall not exceed five hundred thousand dollars ($500,000), including any extension period. C. City agrees to reimburse Attorneys for out-of-pocket expenses, including but not limited to, mileage, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. In-house printing, copying, and reproduction charges will be reimbursed at the rate of 20 cents per page. The City will not reimburse Attorneys for Lexis, Westlaw or other paid legal research subscription services for ordinary legal research. However, the City will reimburse Attorneys for extraordinary legal research costs related to a complex legal matter or assignment, if pre -approved in writing by the City Attorney. The City will not reimburse Attorneys for ordinary document management systems used for discovery purposes unless such technology is deemed necessary by the City Attorney and if pre -approved in writing by City Attorney. Attorneys agree to directly pay for vendors, consultants, or experts, and then seek reimbursement from the City. Attorneys agree to seek authorization from City Attorney before retaining experts and consultants. Automobile travel will City Council 23 — 19 11/21/2023 be reimbursed at the standard mileage rate in effect at the time of billing by the Internal Revenue Service. Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice. 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc.). City acknowledges that the fees incurred for work performed by Attorneys on its behalf are due and owing within 30 days of the work being performed. At Attorneys' discretion, they may choose to defer payment. Notwithstanding this, City agrees that it shall tender payment within 30 days of written demand by Attorneys for payment. Unless expressly stated thereon, monthly statements generated by Attorneys shall not constitute written demand, but shall simply be a written reflection of work performed and fees incurred. 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. REPORTING REQUIREMENTS a. Attorneys agree to keep the City Attorney, and any other person(s) designated by the City Attorney, informed of significant events in the Actions, including but not limited to trial/hearing date, party deposition dates, filing of motions for summary judgment or other significant motions, hearing date for motion for summary judgment or other significant motions, settlement conference date, and mediation date. b. For litigated matters, Attorneys also agree to provide the following reports: 1) 45 day initial evaluation of case and budget; 2) Periodic status updates re important depositions, expert witness designation, expert witness depositions, pertinent discovery issues; and 3) Pre-trial report 90 days before trial. c. For advisory matters, Attorneys shall provide periodic status updates not less than every 30 days and more often if, in the Attorney's professional experience it is necessary. 6. TERM The term of this Agreement shall commence on the date first written above and terminate on June 30, 2026, unless terminated earlier pursuant to Section 15 below. The term of this City Council 23 — 20 11/21/2023 Agreement may be extended for up to one (1) year upon a writing executed by both parties, including the City Manager and the City Attorney. 7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 8. INSURANCE Attorneys shall procure and maintain for the duration of the contract insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Attorneys, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. If the Attorneys maintain broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Attorneys. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Attorneys including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Attorneys' insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage For any claims related to this contract, the Attorneys' insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Attorneys' insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. City Council 23 — 21 11/21/2023 Waiver of Subrogation Attorneys hereby grant to City a waiver of any right to subrogation which any insurer of said Attorneys may acquire against the City by virtue of the payment of any loss under such insurance. Attorneys agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Attorneys to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Attorneys must purchase "extended reporting" coverage for a minimum of five (S) years after completion of contract work. Verification of Coverage Attorneys shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Attorneys' obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.. 9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, City Council 23 — 22 11/21/2023 restitution, judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful performance or conduct related to this Agreement. 10. CONFIDENTIALITY All information and documents shared with Attorneys as well as all work performed by Attorneys in connection with this Agreement should be treated as strictly confidential. Moreover, all communications between Attorneys and City shall be treated as protected by the attorney -client privilege and the attorney work product doctrine. Accordingly, information received by Attorneys from City should be kept in a secure place, and no information about this work may be disclosed to any third party without City's prior written approval. Attorneys shall provide materials directly to the City Attorney, Sonia Carvalho, or selected members of her office, as directed by the City Attorney. All such information and any written product in connection with Attorneys` retention under this Agreement, shall be marked as "PRIVILEGED AND CONFIDENTIAL / ATTORNEY -WORK PRODUCT" and shall be the property of the City Attorney's Office, and shall be returned/provided to the Office of the City Attorney with all copies upon the request of the City Attorney. 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 Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 12. 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-6956 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647-6515 City Council 23 — 23 11/21/2023 To Attorneys: Ring Bender LLP Attn: Kit Bobko, Partner 3150 Bristol Street Suite 220 Costa Mesa, CA 92626 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other 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 facsimile, 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, 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 Attorneys. 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 Attorneys 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 parties, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys 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 of this Agreement performed by City personnel or by other Attorneys retained by City. 15. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in in the Actions. City Council 23 — 24 11/21/2023 16. NON-DISCRIMINATION Attorneys 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. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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. MISCELLANEOUS PROVISIONS 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. 19. COUNTERPARTS; SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original. City further acknowledges that it has read and received a copy the full text Section 6148 of the California Business and Professions Code prior to signing this Agreement. 20. NO GUARANTEES City understands and acknowledges that there are certain risks and uncertainties in the pursuit of any matter for which Attorneys have been retained, that law is not an exact science, that Attorneys have made no representations or guarantees of success regarding the conclusion of any particular matter, and that all expressions relative thereto are matters of Attorneys' opinion only. In other words, Attorneys make no representations or guarantees of success regarding any matter. [signature page to follow] City Council 23 — 25 11/21/2023 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written, ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Sandra. M. Flores Acting Chief Assistant City Attorney CITY OF SANTA ANA Steven Mendoza Acting City Manager RING BENDER LLP By: C I-) Title; , A Cc 61 G� I . C City Council 23 — 26 11/21/2023 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Sandra M. Flores Acting Chief Assistant City Attorney CITY OF SANTA ANA Steven Mendoza Acting City Manager RING BENDER LLP By: Title: City Council 23 — 27 11/21/2023 PROPOSED RATES (November 3, 2023) MATTER: AC 2525 Main, LLC v. Santa Ana DEPOSIT: N/A HOURLY RATES: Patrick K. Bobko $400 per hour Norman A. Dupont $400 per hour Jay A. Tufano $400 per hour Sage Ertman, Associate $315 per hour Natasha Gonzales, Paralegal $205 per hour Other Paralegals $175 to $235 per hour Contract Attorneys Clerical Law Clerks (new hires) $325 to $355 per hour $95 per hour $110 per hour City Council 23 — 28 11/21/2023 LEGAL SERVICES AGREEMENT WITH GOLDFARB & LIPMAN LLP This AGREEMENT is made and entered into on this 21 st day of November, 2023, by and between Goldfarb & Lipman LLP ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California (11City»). RECITALS A. The City of Santa Ana and the City Attorney desires to employ Attorneys to assist the in- house attorneys for the City ("City Attorney") in the provision of legal services to the City. B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of municipal advisory and litigation, specifically litigation regarding housing, affordable housing, land use, fair housing, rent stabilization, real property, and real estate development. 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. RETENTION OF ATTORNEYS On an as -needed basis, and at the sole discretion of the City, City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney with municipal advisory and litigation, specifically litigation regarding housing, affordable housing, land use, fair housing, rent stabilization, real property and real estate development. Attorneys accept said retention and agree to perform., in a timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or letter. 2. COMPENSATION FOR SERVICES RENDERED a. City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all services for the foregoing services, Partners will be billed at the hourly rate of $350.00 - $365.00 for Partner, $345.00 - $365.00 for Senior Counsel, $210.00 - $345.00 for Associate, $195.00 for Senior Law Clerk, $180.00 for Law Clerk, $210.00 for Litigation Project Coordinator, and $180.00 for Project Coordinator. Time will be billed in 1/10th of an hour increments. b. The total sum to be expended under this Agreement for attorney's fees and out of pocket expenses, shall not exceed five hundred thousand dollars ($500,000), including any extension period. C. City agrees to reimburse Attorneys for out-of-pocket expenses, including but not limited to, mileage, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. In-house printing, copying, and reproduction charges will be reimbursed at the rate of 20 cents per page. The City will not reimburse Attorneys for Lexis, Westlaw or other paid legal research subscription services for ordinary legal research. However, the City will reimburse Attorneys for extraordinary legal City Council 23 — 29 11/21/2023 research costs related to a complex legal matter or assignment, if pre -approved in writing by the City Attorney. The City will not reimburse Attorneys for ordinary document management systems used for discovery purposes unless such technology is deemed necessary by the City Attorney and if pre -approved in writing by City Attorney. Attorneys agree to directly pay for vendors, consultants, or experts, and then seek reimbursement from the City. Attorneys agree to seek authorization from City Attorney before retaining experts and consultants. Automobile travel will be reimbursed at the standard mileage rate in effect at the time of billing by the Internal Revenue Service. Any costs in excess of $5,000 require City Attorney approval prior- to incurring the expense. All expenses must have supporting documentation submitted with the invoice. 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc.). City acknowledges that the fees incurred for work performed by Attorneys on its behalf are due and owing within 30 days of the work being performed. At Attorneys' discretion, they may choose to defer payment. Notwithstanding this, City agrees that it shall tender payment within 30 days of written demand by Attorneys for payment. Unless expressly stated thereon, monthly statements generated by Attorneys shall not constitute written demand, but shall simply be a written reflection of work performed and fees incurred. 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each -and every matter -or proceeding in which they represented the City pursuant to this Agreement. REPORTING REQUIREMENTS a. Attorneys agree to keep the City Attorney, and any other person(s) designated by the City Attorney, informed of significant events in the Actions, including but not limited to trial/hearing date, party deposition dates, filing of motions for summary judgment or other significant motions, hearing date for motion for summary judgment or other significant motions, settlement conference date, and mediation date. b. For litigated matters, Attorneys also agree to provide the following reports: 1) 45 day initial evaluation of case and budget; 2) Periodic status updates re important depositions, expert witness designation, expert witness depositions, pertinent discovery issues; and 3) Pre-trial report 90 days before trial. City Council 23 — 30 11/21/2023 c. For advisory matters, Attorneys shall provide periodic status updates not less than every 30 days and more often if, in the Attorney's professional experience it is necessary. 6. TERM The term of this Agreement shall cornrnence on the date first written above and terminate on November 20, 2026, unless terminated earlier pursuant to Section 15 below. The term of this Agreement may be extended for up to one (1) year upon a writing executed by both parties, including the City Manager and the City Attorney. 7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 8. INSURANCE Attorneys shall procure and maintain for the duration of the contract insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Attorneys, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. If the Attorneys maintain broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Attorneys. Any available insurance proceeds in excess of the specified ininimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Attorneys including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Attorneys' insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage For any claims related to this contract, the Attorneys' insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, City Council 23 — 31 11/21/2023 officials, employees, or volunteers shall be excess of the Attorneys' insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Attorneys hereby grant to City a waiver of any right to subrogation which any insurer of said Attorneys may acquire against the City by virtue of the payment of any loss under such insurance. Attorneys agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Attorneys to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Attorneys must purchase "extended reporting" coverage for a minimum of five (S) years after completion of contract work. Verification of Coverage Attorneys shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Attorneys' obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City Council 23 — 32 11/21/2023 Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful performance or conduct related to this Agreement. 10. CONFIDENTIALITY All information and documents shared with Attorneys as well as all work performed by Attorneys in connection with this Agreement should be treated as strictly confidential. Moreover, all communications between Attorneys and City shall be treated as protected by the attorney -client privilege and the attorney work product doctrine. Accordingly, information received by Attorneys from City should be kept in a secure place, and no information about this work may be disclosed to any third party without City's prior written approval. Attorneys shall provide materials directly to the City Attorney, Sonia Carvalho, or selected members of her office, as directed by the City Attorney. All such information and any written product in connection with Attorneys` retention under this Agreement, shall be marked as "PRIVILEGED AND CONFIDENTIAL / ATTORNEY -WORK PRODUCT" and shall be the property of the City Attorney's Office, and shall be returned/provided to the Office of the City Attorney with all copies upon the request of the City Attorney. 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 Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 12. 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 facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center- Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-6956 City Council 23 — 33 11/21/2023 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647-6515 To Attorneys: Goldfarb & Lipman LLP Attn: Karen M. Tiedemann, Partner 1300 Clay Street, Eleventh Floor City Center Plaza Oakland, CA 94612 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other 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 facsimile, 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, 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 Attorneys. 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 Attorneys 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 parties, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys 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 of this Agreement performed by City personnel or by other Attorneys retained by City. 15. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. City Council 23 — 34 11/21/2023 Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in in the Actions. 16. NON-DISCRIMINATION Attorneys 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. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and. regulations. 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. MISCELLANEOUS PROVISIONS 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. 19. COUNTERPARTS; SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original. City further- acknowledges that it has read and received a copy the full text Section 6148 of the California Business and Professions Code prior to signing this Agreement. 20. NO GUARANTEES City understands and acknowledges that there are certain risks and uncertainties in the pursuit of any matter for which Attorneys have been retained, that law is not an exact science, that Attorneys have made no representations or guarantees of success regarding the conclusion of any particular matter, and that all expressions relative thereto are matters of Attorneys' opinion only. In other words, Attorneys make no representations or guarantees of success regarding any matter. [signature page to follow] City Council 23 — 35 11/21/2023 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. FA-01 III Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By&w'o- Laura A. Rossini Chief Assistant City Attorney CITY OF SANTA ANA Steven Mendoza Acting City Manager GOLDFARB & LIPMAN, LLP Title: City Council 23 — 36 11/21/2023 Information Technology Department www.santa-ana.org/information-technology Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Wireless Communications Technology Upgrade AGENDA TITLE Award a Purchase Order to Vector Resources, Inc. and approve an agreement with Hewlett Packard Enterprise Company for Aruba wireless communication technology hardware and services in a total not to exceed amount of $555,407 (Specification No. 23-145) (Non -General Fund) (Revive Santa Ana Program) RECOMMENDED ACTION 1. Authorize a one-time purchase and payment of Purchase Order to Vector Resources, Inc. for Aruba wireless communication technology hardware and services in an amount not to exceed $482,962, plus a 15% contingency of $72,445, for a total not to exceed amount of $555,407, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute an agreement with Hewlett Packard Enterprise Company for HPE's Aruba High Touch Services. Vector Resources, Inc. is an authorized indirect reseller of Hewlett Packard Enterprise Company. Funding for HPE's Aruba High Touch Services will be issued to Vector Resources, Inc. There is no fiscal impact directly associated with Hewlett Packard Enterprise Company (Agreement No. 2023-XXX). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION On January 21, 2014, the City of Santa Ana's Information Technology Department implemented a wireless communications initiative to provide free public Wi-Fi and wireless internet services to 23 City facilities including Santa Ana City Hall, Santa Ana Public Libraries, parks, and various City facilities throughout Santa Ana. City employees utilize the wireless infrastructure to connect from within any City facility to perform their job duties and communicate with staff and citizens. After nearly 10 years of useful life, and significant technological improvements since that time, staff is recommending that the network equipment be upgraded. City Council 24 — 1 11/21/2023 Wireless Communications Technology Upgrade November 21, 2023 Page 2 On November 11, 2022, the City entered into an agreement with Vector Resources, Inc. to perform a comprehensive passive wireless site survey, with signal analysis to achieve a detailed evaluation of the City's existing wireless network. The City's primary goal was to conduct a passive wireless site survey to gain an in-depth understanding of the City's current wireless signal coverage and discover signal interference sources due to the increase in network -attached devices across the City over the past few years. The wireless communications technology upgrade will give the City the ability to increase both the number of devices that can connect to the wireless network concurrently and the range for these devices to establish a connection. It will also help to decrease the "dead zones" or areas of poor signal strength. Since the wireless network equipment also provides guest access to citizens, businesses, contractors, and others at City facilities, this network upgrade will benefit those individuals as well. One of the projects in the American Rescue Plan Act (ARPA) spending plan included funding for Information Technology & Process improvements. Approximately 40% of the scope of this project qualifies as part of this project. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The NASPO ValuePoint contract with Hewlett Packard Enterprise Company for HPE's Aruba High Touch Services (Contract No. AR3228) was awarded as a result of open, competitive bidding (#SK18001), and is in accordance with the City's Purchasing Guidelines. The wireless communications initiative directly supports the City's goal of digital equality, economic development and will improve City processes, making it easier for citizens to navigate the labyrinth of official forms used to conduct City business. FISCAL IMPACT Funding is available in the Information Technology Projects accounting unit 10920149 and 181200013 for FY 2023-24. The following table is an estimate of the account distribution by fiscal year. However, the actual distribution amounts and fiscal year may vary based on the timing of the implementation. Any remaining balances not expended at the end of the fiscal year will be carried forward to the following fiscal year. Fiscal Accounting Fund Accounting Unit, Amount Year Unit — Description Account Description Account FY 23-24 10920149-66400 Information IT Projects, Machinery $376,492.70 Technology & Equipment FY 23-24 18120013-66400-- American ARPA — IT, Machinery $178,914.30 22138501300 Rescue Pan & Equipment Act ARPA City Council 24 — 2 11/21/2023 Wireless Communications Technology Upgrade November 21, 2023 Page 3 EXHIBIT(S) 1. NASPO ValuePoint Agreement #AR3228 2. HPE Agreement Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Steven A. Mendoza, Acting City Manager City Council 24 — 3 11/21/2023 Contract #: AR3228 L yl i STATE OF UTAH COOPERATIVE CONTRACT 1. CONTRACTING PARTIES: This contract is between the Utah Division of Purchasing and the following Contractor: Hewlett Packard Enterprise Company Name 14231 Tandem Blvd. Street Address Austin TX 78728 City State zip Vendor # VC195597 Commodity Code #: 920-05 Legal Status of Contractor: Corporation Contact Name: Nancy Schwarz Phone Number: 480-636-0267 Email: nancy.schwarz@hpe.com 2. CONTRACT PORTFOLIO NAME: Data Communications Products and Services. 3. GENERAL PURPOSE OF CONTRACT: Provide Data Communications Products and Services for the Award Categories provided in Attachment B — Scope of Work.. 4. PROCUREMENT: This contract is entered into as a result of the procurement process on FY2018, Solicitation# SKI 8001 5. CONTRACT PERIOD: Effective Date: Tuesday, October 01, 2019. Termination Date: Monday, September 30, 2024 unless terminated early or extended in accordance with the terms and conditions of this contract. Renewal Options: Two (2) one year renewal options. 6. Administrative Fee (if any): Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of one -quarter of one percent (0.25% or 0.0025) of contract sales no later than 60 days following the end of each calendar quarter. The NASPO ValuePoint Administrative Fee shall be submitted quarterly and is based on sales of the Services 7. Prompt Payment Discount Details (if any): N/A. 8. ATTACHMENT A: NASPO ValuePoint Master Terms and Conditions ATTACHMENT B: Scope Awarded to Contractor ATTACHMENT C: Pricing Discounts and Value Added Services ATTACHMENT D: State and Local Government and Education Customer Return Policy; EULA Any conflicts between Attachment A and the other Attachments will be resolved in favor of Attachment A. 9. DOCUMENTS INCORPORATED INTO THIS CONTRACT BY REFERENCE BUT NOT ATTACHED: a. All other governmental laws, regulations, or actions applicable to the goods and/or services authorized by this contract. b. Utah Procurement Code, Procurement Rules, and Contractor's response to solicitation # SKI8001. 10. Each signatory below represents that he or she has the requisite authority to enter into this contract. IN WITNESS WHEREOF, the parties sign and cause this contract to be executed. Notwithstanding verbal or other representations by the parties, the "Effective Date" of this Contract shall be the date provided within Section 5 above. CONTRACTOR DIVISION OF PURCHASING Jul 31, 2019 Jul 31, 2019 Chris Backs (Jul31, 2019) Contractor's signature Date Director, Division of Purchasing Date Chris Backs Contract Negotiator Type or Print Name and Title City Council 24 — 4 11/21/2023 Internal Contract Tracking #: Solicitation #: SKI 8001 Vendor #: VC195597 Note: sections negotiated 2, 8, 13, 14, 15, 16, 17, 18, 19, 20, 24, 25, 28, 29, 30, 32, 34, 35, 36, 39, 42, 45, 46, 47, 48, 49, 50, and 51. 'k NASPO ValuePoint Attachment A: NASPO ValuePoint Master Agreement Terms and Conditions 1. Master Agreement Order of Precedence a. Any Order placed under this Master Agreement shall consist of the following documents: (1) A Participating Entity's Participating Addendum ("PA"); (2) NASPO ValuePoint Master Agreement Terms & Conditions; (3) A Purchase Order issued against the Master Agreement, including a Service Level Agreement; (4) The Solicitation; and (5) Contractor's response to the Solicitation, as revised (if permitted) and accepted by the Lead State. b. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. 2. Definitions - Unless otherwise provided in this Master Agreement, capitalized terms will have the meanings given to those terms in this Section. Acceptance is defined by the applicable commercial code, except Acceptance shall not occur before the completion of delivery in accordance with the Order, installation if required, and a reasonable time for inspection of the Product. Contractor means the person or entity delivering Products or performing services under the terms and conditions set forth in this Master Agreement. Data means all information, whether in oral or written (including electronic) form, created by or in any way originating with a Participating Entity or Purchasing Entity, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with a Participating Entity or Purchasing Entity, in the course of using and configuring the Services provided under this Agreement. Data Breach means any actual non -authorized access to or acquisition of computerized Non -Public Data or Personal Data that compromises the security, confidentiality, or integrity of the Non -Public Data or Personal Data, or the ability of Purchasing Entity to Attachment A: Page 1 of 31 City Council 24 — 5 11/21/2023 access the Non -Public Data or Personal Data. Disabling Code means computer instructions or programs, subroutines, code, instructions, data or functions, (including but not limited to viruses, worms, date bombs or time bombs), including but not limited to other programs, data storage, computer libraries and programs that self -replicate without manual intervention, instructions programmed to activate at a predetermined time or upon a specified event, and/or programs purporting to do a meaningful function but designed for a different function, that alter, destroy, inhibit, damage, interrupt, interfere with or hinder the operation of the Purchasing Entity's' software, applications and/or its end users processing environment, the system in which it resides, or any other software or data on such system or any other system with which it is capable of communicating. Embedded Software means one or more software applications which permanently reside on a computing device. Fulfillment Partner means a third -party contractor qualified and authorized by Contractor, and approved by the Participating State under a Participating Addendum, who may, to the extent authorized by Contractor, fulfill any of the requirements of this Master Agreement including but not limited to providing Services under this Master Agreement and billing Customers directly for such Services. Contractor may, upon written notice to the Participating State, add or delete authorized Fulfillment Partners as necessary at any time during the contract term. Fulfillment Partner has no authority to amend this Master Agreement or to bind Contractor to any additional terms and conditions. Intellectual Property means any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible form, and all rights, title, and interest therein. Lead State means the State centrally administering any resulting Master Agreement(s). Master Agreement means the underlying agreement executed by and between the Lead State, acting on behalf of the NASPO ValuePoint program, and the Contractor, as now or hereafter amended. NASPO ValuePoint is the NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, a 501(c)(3) limited liability company that is a subsidiary organization the National Association of State Procurement Officials (NASPO), the sole member of NASPO ValuePoint. NASPO ValuePoint facilitates administration of the NASPO cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states, the District of Columbia, and territories of the United States. NASPO ValuePoint is identified in the Master Agreement as the recipient of reports and may perform contract administration functions relating to collecting and Attachment A: Page 2 of 31 City Council 24 — 6 11/21/2023 receiving reports as well as other contract administration functions as assigned by the Lead State. Order or Purchase Order means any purchase order, sales order, contract or other document used by a Purchasing Entity to order the Products. The accepted order may include any supporting materials which the parties identify as incorporated either by attachment or reference ("Supporting Materials"). Supporting Materials may include (as examples) product lists, hardware or software specifications, standard or negotiated service descriptions, data sheets and their supplements, supplementary terms, policies, and statements of work (SOWs), published warranties and service level agreements, and may be available to Participating Entity in hard copy or by accessing a designated Contractor website. Participating Addendum means a bilateral agreement executed by a Contractor and a Participating Entity incorporating this Master Agreement and any other additional Participating Entity specific language or other requirements, e.g. ordering procedures specific to the Participating Entity, other terms and conditions. Participating Entity means a state, or other legal entity, properly authorized to enter into a Participating Addendum. Participating State means a state, the District of Columbia, or one of the territories of the United States that is listed in the Request for Proposal as intending to participate. Upon execution of the Participating Addendum, a Participating State becomes a Participating Entity; however, a Participating State listed in the Request for Proposal is not required to participate through execution of a Participating Addendum. Personal Data means data alone or in combination that includes information relating to an individual that identifies the individual by name, identifying number, mark or description can be readily associated with a particular individual and which is not a public record. Personal Information may include the following personally identifiable information (PII): government -issued identification numbers (e.g., Social Security, driver's license, passport); financial account information, including account number, credit or debit card numbers; or Protected Health Information (PHI) relating to a person. Product means any equipment, software (including embedded software), documentation, service or other deliverable supplied or created by the Contractor pursuant to this Master Agreement. The term Products, supplies and services, and products and services are used interchangeably in these terms and conditions. Purchasing Entity means a state (as well as the District of Columbia and U.S territories), city, county, district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues a Purchase Order against the Master Agreement and becomes financially committed to the purchase. Attachment A: Page 3 of 31 City Council 24 — 7 11/21/2023 Services mean any of the specifications described in the Scope of Services that are supplied or created by the Contractor pursuant to this Master Agreement. Security Incident means the possible or actual unauthorized access to a Purchasing Entity's Non -Public Data and Personal Data the Contractor believes could reasonably result in the use, disclosure or theft of a Purchasing Entity's Non -Public Data within the possession or control of the Contractor. A Security Incident also includes a major security breach to the Contractor's system, regardless if Contractor is aware of unauthorized access to a Purchasing Entity's Non -Public Data. A Security Incident may or may not turn into a Data Breach. Service Level Agreement (SLA) means a written agreement between both the Purchasing Entity and the Contractor that is subject to the terms and conditions in this Master Agreement and relevant Participating Addendum unless otherwise expressly agreed in writing between the Purchasing Entity and the Contractor. SLAs should include: (1) the technical service level performance promises, (i.e. metrics for performance and intervals for measure), (2) description of service quality, (3) identification of roles and responsibilities, (4) remedies, such as credits, and (5) an explanation of how remedies or credits are calculated and issued. Solicitation means the documents used by the State of Utah, as the Lead State, to obtain Contractor's Proposal. Statement of Work means a written statement in a solicitation document or contract that describes the Purchasing Entity's service needs and expectations. NASPO ValuePoint Program Provisions 3. Term of the Master Agreement a. The initial term of this Master Agreement is for five (5) years. This Master Agreement may be extended beyond the original contract period for two (2) additional years at the Lead State's discretion and by mutual agreement and upon review of requirements of Participating Entities, current market conditions, and Contractor performance. b. The Master Agreement may be extended for a reasonable period of time, not to exceed six months, if in the judgment of the Lead State a follow-on, competitive procurement will be unavoidably delayed (despite good faith efforts) beyond the planned date of execution of the follow-on master agreement. This subsection shall not be deemed to limit the authority of a Lead State under its state law otherwise to negotiate contract extensions. 4. Amendments The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written agreement of the Lead State and Contractor. Attachment A: Page 4 of 31 City Council 24 — 8 11/21/2023 5. Participants and Scope a. Contractor may not deliver Products under this Master Agreement until a Participating Addendum acceptable to the Participating Entity and Contractor is executed. The NASPO ValuePoint Master Agreement Terms and Conditions are applicable to any Order by a Participating Entity (and other Purchasing Entities covered by their Participating Addendum), except to the extent altered, modified, supplemented or amended by a Participating Addendum. By way of illustration and not limitation, this authority may apply to unique delivery and invoicing requirements, confidentiality requirements, defaults on Orders, governing law and venue relating to Orders by a Participating Entity, indemnification, and insurance requirements. Statutory or constitutional requirements relating to availability of funds may require specific language in some Participating Addenda in order to comply with applicable law. The expectation is that these alterations, modifications, supplements, or amendments will be addressed in the Participating Addendum or, with the consent of the Purchasing Entity and Contractor, may be included in the ordering document (e.g. purchase order or contract) used by the Purchasing Entity to place the Order. b. Use of specific NASPO ValuePoint cooperative Master Agreements by state agencies, political subdivisions and other Participating Entities (including cooperatives) authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official. c. Obligations under this Master Agreement are limited to those Participating Entities who have signed a Participating Addendum and Purchasing Entities within the scope of those Participating Addenda. States or other entities permitted to participate may use an informal competitive process to determine which Master Agreements to participate in through execution of a Participating Addendum. Financial obligations of Participating Entities who are states are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating Entities who are states incur no financial obligations on behalf of other Purchasing Entities. Contractor shall email a fully executed PDF copy of each Participating Addendum to PA@naspovaluepoint.org to support documentation of participation and posting in appropriate data bases. d. NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, is not a party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the NASPO cooperative purchasing program for state government departments, institutions, agencies and political subdivisions (e.g., colleges, school districts, counties, cities, etc.) for all 50 states, the District of Columbia and the territories of the United States. e. Participating Addenda shall not be construed to amend the following provisions in this Master Agreement between the Lead State and Contractor that prescribe NASPO ValuePoint Program requirements: Term of the Master Agreement; Amendments; Attachment A: Page 5 of 31 City Council 24 — 9 11/21/2023 Participants and Scope; Administrative Fee; NASPO ValuePoint Summary and Detailed Usage Reports; NASPO ValuePoint Cooperative Program Marketing and Performance Review; NASPO ValuePoint eMarketCenter; Right to Publish; Price and Rate Guarantee Period; and Individual Customers. Any such language shall be void and of no effect. f. Participating Entities who are not states may under some circumstances sign their own Participating Addendum, subject to the consent to participation by the Chief Procurement Official of the state where the Participating Entity is located. Coordinate requests for such participation through NASPO ValuePoint. Any permission to participate through execution of a Participating Addendum is not a determination that procurement authority exists in the Participating Entity; they must ensure that they have the requisite procurement authority to execute a Participating Addendum. g. Resale. "Resale" means any payment in exchange for transfer of tangible goods, software, or assignment of the right to services. Subject to any specific conditions included in the solicitation or Contractor's proposal as accepted by the Lead State, or as explicitly permitted in a Participating Addendum, Purchasing Entities may not resell Products (the definition of which includes services that are deliverables). Absent any such condition or explicit permission, this limitation does not prohibit: payments by employees of a Purchasing Entity for Products; sales of Products to the general public as surplus property; and fees associated with inventory transactions with other governmental or nonprofit entities and consistent with a Purchasing Entity's laws and regulations. Any sale or transfer permitted by this subsection must be consistent with license rights granted for use of intellectual property. 6. Administrative Fees a. The Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of one -quarter of one percent (0.25% or 0.0025) no later than sixty (60) days following the end of each calendar quarter. The NASPO ValuePoint Administrative Fee shall be submitted quarterly and is based on all sales of products and services under the Master Agreement (less any charges for taxes or shipping). The NASPO ValuePoint Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. b. Additionally, some states may require an additional fee be paid directly to the state only on purchases made by Purchasing Entities within that state. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contractor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state. All such agreements shall not affect the NASPO ValuePoint Administrative Fee percentage or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. The NASPO ValuePoint Administrative Fee in subsection 6a shall be based on the gross amount of all sales (less any charges for taxes or shipping) at the adjusted prices (if any) in Participating Addenda. Attachment A: Page 6 of 31 City Council 24 — 10 11/21/2023 7. NASPO ValuePoint Summary and Detailed Usage Reports In addition to other reports that may be required by this solicitation, the Contractor shall provide the following NASPO ValuePoint reports. a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to NASPO ValuePoint using the NASPO ValuePoint Quarterly Sales/Administrative Fee Reporting Tool found at http://calculator.naspovaluepoint.org. Any/all sales made under this Master Agreement shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is still required. Reports shall be due no later than thirty (30) days following the end of the calendar quarter (as specified in the reporting tool). b. Detailed Sales Data. Contractor shall also report detailed sales data by: (1) state; (2) entity/customer type, e.g. local government, higher education, K12, non-profit; (3) Purchasing Entity name; (4) Purchasing Entity bill -to and ship -to locations; (4) Purchasing Entity and Contractor Purchase Order identifier/number(s); (5) Purchase Order Type (e.g. sales order, credit, return, upgrade, determined by industry practices); (6) Purchase Order date; (7) Ship Date; (8) and line item description, including product number if used. The report shall be submitted in any form required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead State and NASPO ValuePoint Cooperative Development Team no later than thirty (30) days after the end of the reporting period. Reports shall be delivered to the Lead State and to the NASPO ValuePoint Cooperative Development Team electronically through a designated portal, email, CD-ROM, flash drive or other method as determined by the Lead State and NASPO ValuePoint. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed sales data report is in shown in Attachment H. c. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the solicitation and the Participating Addendum. Report data for employees should be limited to ONLY the state and entity they are participating under the authority of (state and agency, city, county, school district, etc.) and the amount of sales. No personal identification numbers, e.g. names, addresses, social security numbers or any other numerical identifier, may be submitted with any report. d. Contractor shall provide the NASPO ValuePoint Cooperative Development Coordinator with an executive summary each quarter that includes, at a minimum, a list of states with an active Participating Addendum, states that Contractor is in negotiations with and any Participating Addendum roll out or implementation activities and issues. NASPO ValuePoint Cooperative Development Coordinator and Contractor will determine the format and content of the executive summary. The executive summary is due thirty (30) days after the conclusion of each calendar quarter. e. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media Attachment A: Page 7 of 31 City Council 24 —11 11/21/2023 containing the reports. The Lead State and NASPO ValuePoint shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section. 8. NASPO ValuePoint Cooperative Program Marketing, Training, and Performance Review a. Contractor agrees to work cooperatively with NASPO ValuePoint personnel. Contractor agrees to present plans to NASPO ValuePoint for the education of Contractor's contract administrator(s) and sales/marketing workforce regarding the Master Agreement contract, including the competitive nature of NASPO ValuePoint procurements, the Master agreement and participating addendum process, and the manner in which qualifying entities can participate in the Master Agreement. b. Contractor agrees, as Participating Addendums become executed, if requested by ValuePoint personnel to provide plans to launch the program within the participating state. Plans will include time frames to launch the agreement and confirmation that the Contractor's website has been updated to properly reflect the contract offer as available in the participating state. c. Contractor agrees, absent anything to the contrary outlined in a Participating Addendum, to consider customer proposed terms and conditions, as deemed important to the customer, for possible inclusion into the customer agreement. Contractor will ensure that their sales force is aware of this contracting option. d. Contractor agrees to participate in an annual contract performance review at a location selected by the Lead State and NASPO ValuePoint, which may include a discussion of marketing action plans, target strategies, marketing materials, as well as Contractor reporting and timeliness of payment of administration fees. e. Contractor acknowledges that the NASPO ValuePoint logos may not be used by Contractor in sales and marketing until a logo use agreement is executed with NASPO ValuePoint. f. The Lead State expects to evaluate the utilization of the Master Agreement at the annual performance review. Lead State may, in its discretion, terminate the Master Agreement pursuant to section 28, or not exercise an option to renew, when Contractor utilization does not warrant further administration of the Master Agreement. The Lead State may exercise its right to not renew the Master Agreement if vendor fails to record or report revenue for three consecutive quarters, upon 60-calendar day written notice to the Contractor. Termination based on nonuse or under -utilization will not occur sooner than two years after award (or execution if later) of the Master Agreement. This subsection does not limit the discretionary right of either the Lead State or Contractor to terminate the Master Agreement pursuant to section 28 or to terminate for default pursuant to section 30. Attachment A: Page 8 of 31 City Council 24 — 12 11/21/2023 9. NASPO ValuePoint eMarket Center a. In July 2011, NASPO ValuePoint entered into a multi -year agreement with SciQuest, Inc. (doing business as JAGGAER) whereby JAGGAER will provide certain electronic catalog hosting and management services to enable eligible NASPO ValuePoint's customers to access a central online website to view and/or shop the goods and services available from existing NASPO ValuePoint Cooperative Contracts. The central online website is referred to as the NASPO ValuePoint eMarket Center. b. The Contractor will have visibility in the eMarket Center through Ordering Instructions. These Ordering Instructions are available at no cost to the Contractor and provide customers information regarding the Contractors website and ordering information. The Contractor is required at a minimum to participate in the eMarket Center through Ordering Instructions. c. At a minimum, the Contractor agrees to the following timeline: NASPO ValuePoint eMarket Center Site Admin shall provide a written request to the Contractor to begin Ordering Instruction process. The Contractor shall have thirty (30) days from receipt of written request to work with NASPO ValuePoint to provide any unique information and ordering instructions that the Contractor would like the customer to have. d. If the solicitation requires either a catalog hosted on or integration of a punchout site with eMarket Center, or either solution is proposed by a Contractor and accepted by the Lead State, the provisions of the eMarket Center Appendix to these NASPO ValuePoint Master Agreement Terms and Conditions apply. 10. Right to Publish Throughout the duration of this Master Agreement, Contractor must secure from the Lead State prior approval for the release of information that pertains to the potential work or activities covered by the Master Agreement. This limitation does not preclude publication about the award of the Master Agreement or marketing activities consistent with any proposed and accepted marketing plan. The Contractor shall not make any representations of NASPO ValuePoint's opinion or position as to the quality or effectiveness of the services that are the subject of this Master Agreement without prior written consent. Failure to adhere to this requirement may result in termination of the Master Agreement for cause. 11. Price and Rate Guarantee Period All pricing must be guaranteed for the first year of the Master Agreement. Following the guarantee period, any request for price increases must be for an equal guarantee period (1 year), and must be submitted to the Lead State at least thirty (30) calendar days prior to the effective date. The Lead State will review a documented request for an MSRP price list increase only after the Price Guarantee Period. Requests for price increases must include sufficient documentation supporting the Attachment A: Page 9 of 31 City Council 24 — 13 11/21/2023 request and demonstrating a reasonableness of the adjustment when comparing the current price list to the proposed price list. Documentation may include: the manufacturers national price increase announcement letter, a complete and detailed description of what products are increasing and by what percentage, a complete and detailed description of what raw materials and/or other costs have increased and provide proof of increase, index data and other information to support and justify the increase. The price increase must not produce a higher profit margin than the original contract, and must be accompanied by sufficient documentation and nationwide notice of price adjustment to the published commercial price list. No retroactive price increases will be allowed. Price Reductions. In the event of a price decrease in any category of product at any time during the contract in an OEM's published commercial price list, including renewal options, the Lead State shall be notified immediately. All published commercial price list price reductions shall be effective upon the notification provided to the Lead State. 12. Individual Customers Except to the extent modified by a Participating Addendum, each Purchasing Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or right to recover any costs as such right is defined in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contractor will apply the charges and invoice each Purchasing Entity individually. Administration of Orders 13. Ordering a. Master Agreement order and purchase order numbers shall be clearly shown on all acknowledgments, shipping labels, packing slips, invoices, and on all correspondence. b. Purchasing Entities may define entity or project -specific requirements and informally compete the requirement among companies having a Master Agreement on an "as needed" basis. This procedure may also be used when requirements are aggregated or other firm commitments may be made to achieve reductions in pricing. This procedure may be modified in Participating Addenda and adapted to the Purchasing Entity's rules and policies. The Purchasing Entity may in its sole discretion determine which Master Agreement Contractors should be solicited for a quote. The Purchasing Entity may select the quote that it considers most advantageous, cost and other factors considered. c. Each Purchasing Entity will identify and utilize its own appropriate purchasing procedure and documentation. Contractor is expected to become familiar with the Attachment A: Page 10 of 31 City Council 24 — 14 11/21/2023 Purchasing Entities' rules, policies, and procedures regarding the ordering of supplies and/or services contemplated by this Master Agreement. d. Contractor shall not begin work without a valid Purchase Order or other appropriate commitment document compliant with the law of the Purchasing Entity. e. Orders may be placed consistent with the terms of this Master Agreement during the term of the Master Agreement. All Orders pursuant to this Master Agreement, at a minimum, shall include: (1) The service description or supplies being delivered; (2) The place and requested time of delivery; (3) A billing address; (4) The name, phone number, and address of the Purchasing Entity representative; (5) The price per hour or other pricing elements consistent with this Master Agreement and the contractor's proposal; (6) A ceiling amount of the order for services being ordered; (7) The Master Agreement identifier; and (8) Statement of Work, when applicable. g. All communications concerning administration of Orders placed shall be furnished solely to the authorized purchasing agent within the Purchasing Entity's purchasing office, or to such other individual identified in writing in the Order. h. Orders must be placed pursuant to this Master Agreement prior to the termination date thereof, but may have a delivery date or performance period up to 120 days past the then -current termination date of this Master Agreement. Maintenance agreements may have terms as prescribed in section 27. Contractor is reminded that financial obligations of Purchasing Entities payable after the current applicable fiscal year are contingent upon agency funds for that purpose being appropriated, budgeted, and otherwise made available. i. Notwithstanding the expiration or termination of this Master Agreement, Contractor agrees to perform in accordance with the terms of any Orders then outstanding at the time of such expiration or termination. Contractor shall not honor any Orders placed after the expiration or termination of this Master Agreement, or otherwise inconsistent with its terms. Orders from any separate indefinite quantity, task orders, or other form of indefinite delivery order arrangement priced against this Master Agreement may not be placed after the expiration or termination of this Master Agreement, notwithstanding the term of any such indefinite delivery order agreement. 14. Shipping and Delivery a. The prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination, freight pre -paid, with all transportation and handling charges paid by Attachment A: Page 11 of 31 City Council 24 — 15 11/21/2023 the Contractor. Responsibility and liability for loss or damage shall remain the Contractor's until final inspection and acceptance when responsibility shall pass to the Purchasing Entity except as to latent defects, fraud and Contractor's warranty obligations. The minimum shipment amount, if any, will be found in the special terms and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an Order to be shipped without transportation charges that is back ordered shall be shipped without charge. b. All deliveries will be delivery to Order "ship to location" which may be a loading dock, front lobby, or reception area, unless otherwise agreed specific delivery instructions are noted on the order form or Purchase Order. In the event insider delivery is agreed upon in the Order, any damage to the building interior, scratched walls, damage to the freight elevator, etc., directly cause by Contractor will be the responsibility of the Contractor. If such damage does occur, it is the responsibility of the Contractor to immediately notify the Purchasing Entity placing the Order. c. All products must be delivered in the manufacturer's standard package. Costs shall include all packing and/or crating charges. Cases shall be of durable construction, good condition, properly labeled and suitable in every respect for storage and handling of contents. Each shipping carton shall be marked with the commodity, brand, quantity, item code number and the Purchasing Entity's Purchase Order number. 15. Laws and Regulations Any and all Products offered and furnished shall comply fully with all applicable Federal and State laws and regulations. Participating Entity is responsible for complying with applicable laws and regulations, including but not limited to, obtaining any required export or import authorizations if Purchasing Entity exports, imports or otherwise transfers products or deliverables provided under this Master Agreement. 16. Inspection and Acceptance a. Where the Master Agreement or an Order does not otherwise specify a process for inspection and Acceptance, this section governs. This section is not intended to limit rights and remedies under the applicable commercial code. b. Acceptance of Products occurs upon delivery, and applies to all Product(s) (hardware and software) purchased under this Master Agreement, including any additional, replacement or substitute Product(s) and any Product(s) which are modified by or with the written approval of Contractor after Acceptance by the Participating Entity. c. All Products are subject to inspection at reasonable times and places before Acceptance. Contractor shall provide right of access to the Lead State, or to any other Attachment A: Page 12 of 31 City Council 24 — 16 11/21/2023 authorized agent or official of the Lead State or other Participating or Purchasing Entity at reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance requirements under this Master Agreement. Products that do not meet specifications may be rejected. Failure to reject upon receipt, however, does not relieve the contractor of liability for material (nonconformity that substantial impairs value) latent or hidden defects subsequently revealed when goods are put to use, with repair or replacement subject to manufacturer's warranty. Return of Product is subject to the HPE State and Local Government and Education Customer Return Policy. d. If any services do not conform to contract requirements, the Purchasing Entity may require the Contractor to perform the services again in conformity with contract requirements, at no increase in Order amount. When defects cannot be corrected by re -performance, the Purchasing Entity may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and reduce the contract price to reflect the reduced value of services performed. e. The warranty period shall begin upon Acceptance. 17. Payment Payment after Acceptance is normally made within 30 days following the date the order is delivered or the date a correct invoice is received, whichever is later. After 45 days the Contractor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance, unless a different late payment amount is specified in a Participating Addendum, Order, or otherwise prescribed by applicable law. Payments will be remitted by mail or electronically. Payments may be made via a State or political subdivision "Purchasing Card" with no additional charge. Prices are exclusive of taxes, duties, and fees, unless otherwise quoted. If a withholding tax is required by law, the tax will be added and identified on the applicable invoice. 18. Warranty Warranty provisions govern where specified elsewhere in the documents that constitute the Master Agreement; otherwise this section governs. The Contractor warrants for a period of one year from the date of Acceptance that: (a) the Product performs according to all specific claims that the Contractor made in its response to the solicitation, (b) the Product is suitable for the ordinary purposes for which such Product is used, (c) the Product is suitable for any special purposes identified in the solicitation or for which the Purchasing Entity has relied on the Contractor's skill or judgment, (d) the Product is designed and manufactured in a commercially reasonable manner, and (e) the Product is free of significant defects in material and workmanship. Upon breach of the warranty, the Contractor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contractor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential Attachment A: Page 13 of 31 City Council 24 — 17 11/21/2023 purpose, the Contractor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys' fees and costs. Product performance. All HPE-branded hardware products are covered by HPE's limited warranty statements that are provided with the Products or otherwise made available. Hardware warranties begin on the date of delivery or if applicable, upon completion of HPE installation, or (where Customer delays HPE installation) at the latest 30 days from the date of delivery. Non-HPE branded products receive warranty coverage as provided by the relevant third party supplier. Software performance. HPE warrants that its branded software products will conform materially to their specifications and be free of malware at the time of delivery. HPE warranties for software product will begin on the date of delivery and unless otherwise specified in Supporting Material, will last for ninety (90) days. HPE does not warrant that the operation of software products will be uninterrupted or error free or that software products will operate in hardware and software combinations other than as authorized by HPE in Supporting Material. Services performance. Services are performed using generally recognized commercial practices and standards. Customer agrees to provide prompt notice of any such service concerns and HPE will re -perform any service that fails to meet this standard. Services with Deliverables. If Supporting Material for services define specific deliverables, HPE warrants those deliverables will conform materially to their written specifications for 30 days following delivery. If Customer notifies HPE of such a non- conformity during the 30 day period, HPE will promptly remedy the impacted deliverables or refund to Customer the fees paid for those deliverables and Customer will return those deliverables to HPE. Product Warranty Claims. When Contractor receives a valid warranty claim for an HPE hardware or software product, HPE will either repair the relevant defect or replace the product. If HPE is unable to complete the repair or replace the product within a reasonable time, Customer will be entitled to a full refund upon the prompt return of the product to HPE (if hardware) or upon written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. HPE will pay for shipment of repaired or replaced products to Customer and Customer will be responsible for return shipment of the product to HPE. Eligibility. HPE's service, support and warranty commitments do not cover claims resulting from: 1. improper use, site preparation, or site or environmental conditions or other non- compliance with applicable Supporting Material; Attachment A: Page 14 of 31 City Council 24 — 18 11/21/2023 2. Modifications or improper system maintenance or calibration not performed by HPE or authorized by HPE; 3. failure or functional limitations of any non-HPE software or product impacting systems receiving HPE support or service; 4. malware (e.g. virus, worm, etc.) not introduced by HPE; or 5. abuse, negligence, accident, fire or water damage, electrical disturbances, transportation by Customer, or other causes beyond HPE's control. Remedies. This Agreement states all remedies for warranty claims. To the extent permitted by law, HPE disclaims all other warranties. 19. Title of Product Upon Acceptance by the Purchasing Entity, Contractor shall convey to Purchasing Entity title to the Product free and clear of all liens, encumbrances, or other security interests. Transfer of title to the Product shall include an irrevocable and perpetual license to use any Embedded Software in the Product. If Purchasing Entity subsequently transfers title of the Product to another entity, subject to Contractor's approval, the Purchasing Entity shall have the right to transfer the license to use the Embedded Software with the transfer of Product title. A subsequent transfer of this software license shall be at no additional cost or charge to either Purchasing Entity or Purchasing Entity's transferee, unless otherwise specified by Contractor. 20. License of Pre -Existing Intellectual Property Contractor grants to the Purchasing Entity a nonexclusive, perpetual, royalty -free, irrevocable, license to use, publish, translate, reproduce for Purchasing Entity's own use, perform, display, and dispose of the Intellectual Property, and its derivatives, used or delivered under this Master Agreement, but not created under it ("Pre-existing Intellectual Property"). The license shall be subject to owner and 3rd party rights in the Pre-existing Intellectual Property. 21. No Guarantee of Service Volumes: The Contractor acknowledges and agrees that the Lead State and NASPO ValuePoint makes no representation, warranty or condition as to the nature, timing, quality, quantity or volume of business for the Services or any other products and services that the Contractor may realize from this Master Agreement, or the compensation that may be earned by the Contractor by offering the Services. The Contractor acknowledges and agrees that it has conducted its own due diligence prior to entering into this Master Agreement as to all the foregoing matters. 22. Purchasing Entity Data: Purchasing Entity retains full right and title to Data provided by it and any Data derived therefrom, including metadata. Contractor shall not collect, access, or use user -specific Purchasing Entity Data except Attachment A: Page 15 of 31 City Council 24 — 19 11/21/2023 as strictly necessary to provide Service to the Purchasing Entity. No information regarding Purchasing Entity's use of the Service may be disclosed, provided, rented or sold to any third party for any reason unless required by law or regulation or by an order of a court of competent jurisdiction. The obligation shall extend beyond the term of this Master Agreement in perpetuity. Contractor shall not use any information collected in connection with this Master Agreement, including Purchasing Entity Data, for any purpose other than fulfilling its obligations under this Master Agreement. 23. System Failure or Damage: In the event of system failure or damage caused by Contractor or its Services, the Contractor agrees to use its best efforts to restore or assist in restoring the system to operational capacity. 24. Title to Product: If access to the Product requires an application program interface (API), Contractor shall convey to Purchasing Entity an irrevocable and perpetual license to use the API, unless otherwise subject to license restrictions and fees. No transfer of ownership of any intellectual property will occur under this Master Agreement. Purchasing Entity grants Contractor a non-exclusive, worldwide, royalty -free right and license to any intellectual property that is necessary for Contractor and its designees to perform the ordered Services. If deliverables are created by Contractor specifically for Purchasing Entity and identified as such in Supporting Material, Contractor hereby grants Purchasing Entity a worldwide, non-exclusive, fully paid, royalty -free license to reproduce and use copies of the deliverables internally. 25. Data Privacy: The Contractor must comply with all applicable laws related to data privacy and security, including IRS Pub 1075, as identified in the Order. Prior to entering into a SLA with a Purchasing Entity, the Contractor and Purchasing Entity must cooperate and hold a meeting to determine the Data Categorization to determine what data the Contractor will hold, store, or process and determine whether the security provided meets the Purchasing Entity's legal obligations. The Contractor must document the Data Categorization in the SLA or Statement of Work or Order. Contractor is not responsible for viruses or malware introduced by Purchasing Entity or an end user. Purchasing Entity may not use the Services in ways that would impose additional regulatory or other legal obligations on Contractor unless the parties have expressly agreed to do so in writing. 26. Transition Assistance: a. The Contractor shall reasonably cooperate with other parties in connection with all Services to be delivered under this Master Agreement, including without limitation any successor service provider to whom a Purchasing Entity's Data is transferred in connection with the termination or expiration of this Master Agreement. The Contractor shall assist a Purchasing Entity in exporting and extracting a Purchasing Entity's Data, in a format usable without the use of the Services and as agreed by a Purchasing Entity, at no additional cost to the Purchasing Entity. Any transition services requested by a Purchasing Entity involving additional knowledge transfer and support may be Attachment A: Page 16 of 31 City Council 24 — 20 11/21/2023 subject to a separate transition Statement of Work. b. A Purchasing Entity and the Contractor shall, when reasonable, create a Transition Plan Document identifying the transition services to be provided and including a Statement of Work if applicable. c. The Contractor must maintain the confidentiality and security of a Purchasing Entity's Data during the transition services and thereafter as required by the Purchasing Entity. 27. Performance and Payment Time Frames that Exceed Contract Duration: All maintenance or other agreements for services entered into during the duration of an SLA and whose performance and payment time frames extend beyond the duration of this Master Agreement shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No new leases, maintenance or other agreements for services may be executed after the Master Agreement has expired. For the purposes of this section, renewals of maintenance, subscriptions, and other service agreements, shall not be considered as "new." General Provisions 28. Insurance a. Unless otherwise agreed in a Participating Addendum, Contractor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contractor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in each Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of A.M. Best's Insurance Reports. Failure to buy and maintain the required insurance may result in this Master Agreement's termination or, at a Participating Entity's option, result in termination of its Participating Addendum. b. Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below: (1) Commercial General Liability covering premises operations, independent contractors, products and completed operations, contractual liability, personal injury (including death), advertising liability, and property damage, with a limit of $1 million per occurrence/$3 million general aggregate; (2) Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. c. Contractor shall pay premiums and any deductibles on all insurance policies. d. Prior to commencement of performance, Contractor shall provide to the Lead State a Attachment A: Page 17 of 31 City Council 24 — 21 11/21/2023 written endorsement to the Contractor's general liability insurance policy documentary evidence that (1) includes the Participating States identified in the Request for Proposal as additional insureds, which may be met through the use of a "blanket" insured endorsement (, and (2) provides that the Contractor's liability insurance policy shall be primary, with any liability insurance of any Participating State as secondary and noncontributory. Unless otherwise agreed in any Participating Addendum, other state Participating Entities' rights and Contractor's obligations are the same as those specified in the first sentence of this subsection except the endorsement is provided to the applicable state. e. Contractor shall furnish to the Lead State copies of certificates of all required insurance in a form sufficient to show required coverage within thirty (30) calendar days of the execution of this Master Agreement and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after any renewal date to the applicable state Participating Entity. Failure to provide evidence of coverage may, at the sole option of the Lead State, or any Participating Entity, result in this Master Agreement's termination or the termination of any Participating Addendum. f. Coverage and limits shall not limit Contractor's liability and obligations under this Master Agreement, any Participating Addendum, or any Purchase Order. 29. Records Administration and Audit a. The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and Orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of six (6) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, or such longer period as is required by the Purchasing Entity's state statutes, to assure compliance with the terms hereof or to evaluate performance hereunder. b. Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for any overpayments inconsistent with the terms of the Master Agreement or Orders or underpayment of Administrative Fees found as a result of the examination of the Contractor's records. c. The rights and obligations herein exist in addition to any quality assurance obligation Attachment A: Page 18 of 31 City Council 24 — 22 11/21/2023 in the Master Agreement requiring the Contractor to self -audit contract obligations and that permits the Lead State to review compliance with those obligations. d. The Contractor will be advised thirty (30) days prior written notice of each audit. The parties will work together in good faith to establish an audit process that does not interfere with Contractor's ability to perform its obligations under this Master Agreement or any other agreement, or compromise any reasonable security processes or procedures. Contractor will provide the auditor with information reasonably required to effect the audit, provided however that Contractor reserves the right to impose limitation or require additional assurances from Participating Entity and its auditor as may be necessary to protect the Confidential Information of Contractor. In no event will Contractor be required to provide Participating Entity or its auditor with access to Contractor's internal costs and resource utilization data, or data related to employees or other customers of Contractor. 30. Confidentiality, Non -Disclosure, and Injunctive Relief a. Confidentiality. Each party acknowledges that it and its employees or agents may, in the course of this Master Agreement, be exposed to or acquire information that is confidential to the other party, including Purchasing Entity or Purchasing Entity's clients. Any and all information of any form that is marked as confidential or would by its nature be deemed confidential that is disclosed or otherwise made available in the performance of this Master Agreement by either party to the other party, including by a Participating Entity or Purchasing Entity, but not limited to (1) any Purchasing Entity's records, (2) personnel records, (3) information concerning individuals(4) technology, research and development information, Products and Software, and (5) trade secrets and other information which are competitive in nature is confidential information ("Confidential Information"). Any reports or other documents or items (including software) that result from the use of the Confidential Information shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that (1) is or becomes (other than by disclosure by the receiving party) publicly known; (2) is furnished by the disclosing party to others without restrictions similar to those imposed by this Master Agreement; (3) is rightfully in the receiving party's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (4) is obtained from a source other than the disclosing party without the obligation of confidentiality, (5) is disclosed with the written consent of the disclosing party or; (6) is independently developed by employees, agents or subcontractors of the receiving party who can be shown to have had no access to the Confidential Information. b. Non -Disclosure. Each party shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, but no less than the standard of care such party uses for its own similar confidential information, and shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than what is necessary to the performance of Orders placed Attachment A: Page 19 of 31 City Council 24 — 23 11/21/2023 under this Master Agreement. Each party shall advise each of its employees and agents of their obligations to keep Confidential Information confidential. Each party shall use commercially reasonable efforts to assist the disclosing party in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, receiving party shall advise the disclosing party, including, as applicable the Purchasing Entity, applicable Participating Entity, and the Lead State immediately if the receiving party learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement, and the receiving party shall at its expense cooperate with the disclosing party in seeking injunctive or other equitable relief in the name of Purchasing Entity or Contractor against any such person. Except as directed by the disclosing party, the receiving party will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at the disclosing party's request, the receiving party shall turn over to the disclosing party or destroy all documents, papers, and other matter in the receiving party's possession that embody Confidential Information. If applicable law, regulation or document retention policy prevents the receiving party from destroying or returning all or part to the Confidential Information the receiving party will maintain the security and confidentiality of all such retained Confidential Information. Notwithstanding the foregoing, the receiving party may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement. c. Injunctive Relief. Contractor acknowledges that breach of this section, including disclosure of any Confidential Information, may cause irreparable injury to Purchasing Entity that is inadequately compensable in damages. Accordingly, Purchasing Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contractor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Purchasing Entity and are reasonable in scope and content. d. Purchasing Entity Law. These provisions shall be applicable only to extent they are not in conflict with the applicable public disclosure laws of any Purchasing Entity. e. The rights granted Purchasing Entities and Contractor obligations under this section shall also extend to Confidential Information, defined to include Participating Addenda, as well as Orders or transaction data relating to Orders under this Master Agreement that identify the entity/customer, Order dates, line item descriptions and volumes, and prices/rates. This provision does not apply to disclosure to the Lead State, a Participating State, or any governmental entity exercising an audit, inspection, or examination pursuant to section 29. To the extent permitted by law, Contractor shall notify the Lead State of the identity of any entity seeking access to the Confidential Information described in this subsection. Attachment A: Page 20 of 31 City Council 24 — 24 11/21/2023 31. Public Information This Master Agreement and all related documents are subject to disclosure pursuant to the Purchasing Entity's public information laws. 32. Assignment/Subcontracts a. Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the Lead State. Notwithstanding, Contractor's use of its authorized service provider(s) to facilitate on -site support is permitted under this Agreement. b. The Lead State, or Participating Entity, shall not assign, delegate or otherwise transfer all or any part of this Master Agreement without prior written consent from Contractor, except for assignment or delegation to a Participating Entity State agency or eligible Purchasing Entity. The Lead State reserves the right to assign any rights or duties, including written assignment of contract administration duties to NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint and other third parties. 32. Changes in Contractor Representation The Contractor must notify the Lead State of changes in the Contractor's key administrative personnel managing the Master Agreement in writing within 10 calendar days of the change. The Lead State reserves the right to approve changes in key personnel, as identified in the Contractor's proposal. The Contractor agrees to propose replacement key personnel having substantially equal or better education, training, and experience as was possessed by the key person proposed and evaluated in the Contractor's proposal. 33. Independent Contractor The Contractor shall be an independent contractor. Contractor shall have no authorization, express or implied, to bind the Lead State, Participating States, other Participating Entities, or Purchasing Entities to any agreements, settlements, liability or understanding whatsoever, and agrees not to hold itself out as agent except as expressly set forth herein or as expressly agreed in any Participating Addendum. 34. Termination Unless otherwise stated, this Master Agreement may be terminated by either Lead State or Contractor upon 60 days written notice prior to the effective date of the termination. Further, any Participating Entity may terminate its participation upon 30 days written notice, unless otherwise limited or stated in the Participating Addendum. Termination may be in whole or in part. Any termination of the Master Agreement or a Participating Addendum under this provision shall not affect the rights and obligations attending Orders outstanding at the time of termination, including any right of a Purchasing Entity to indemnification by the Contractor, rights of payment for Products delivered and accepted, rights attending any warranty or default in performance in Attachment A: Page 21 of 31 City Council 24 — 25 11/21/2023 association with any Order, and requirements for records administration and audit. Termination of the Master Agreement due to Contractor default may be immediate pursuant to Section 36, Defaults and Remedies. 35. Force Majeure Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, unusually severe weather, other acts of God, war, or occurrences which are beyond that party's reasonable control. The Lead State may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement. 36. Defaults and Remedies a. The occurrence of any of the following events by Contractor shall be an event of default under this Master Agreement: (1) Nonperformance of contractual requirements; or (2) A material breach of any term or condition of this Master Agreement; or (3) Any certification, representation or warranty by Contractor in response to the solicitation or in this Master Agreement that proves to be untrue or materially misleading; or (4) Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or (5) Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, the Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of 15 calendar days in which Contractor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contractor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. c. If Contractor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contractor shall be in breach of its obligations under this Master Agreement and the Lead State shall have the right to exercise any or all of the following remedies: (1) Exercise any remedy provided by law; and (2) Terminate this Master Agreement and any related Contracts or portions thereof; and Attachment A: Page 22 of 31 City Council 24 — 26 11/21/2023 (3) Impose liquidated damages as provided in this Master Agreement; and (4) Suspend Contractor from being able to respond to future bid solicitations; and (5) Suspend Contractor's performance; and (6) Withhold payment until the default is remedied. d. Unless otherwise specified in the Participating Addendum, in the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and shall have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code. e. Contractor may discontinue performance if Purchasing Entity fails to pay any sum due, or if after sixty (60) days written notice Participating Entity has not cured any other failure to perform under this Master Agreement. 37. Waiver of Breach Failure of the Lead State, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State, Participating Entity, or Purchasing Entity must be in writing. Waiver by the Lead State or Participating Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or by Purchasing Entity with respect to any Purchase Order, or breach of any terms or requirements of this Master Agreement, a Participating Addendum, or Purchase Order shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, Participating Addendum, or Purchase Order. 38. Debarment The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. This certification represents a recurring certification made at the time any Order is placed under this Master Agreement. If the Contractor cannot certify this statement, attach a written explanation for review by the Lead State. 39. Indemnification a. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint), the Attachment A: Page 23 of 31 City Council 24 — 27 11/21/2023 Lead State, Participating Entities, and Purchasing Entities, along with their officers and employees, from and against third -party claims, damages or causes of action including reasonable attorneys' fees and related costs for any death, injury, or damage to tangible personal property arising from negligent or willful act(s), error(s), or omission(s) of the Contractor, its employees or subcontractors or volunteers, at any tier, relating to the performance under the Master Agreement. b. Indemnification — Intellectual Property. The Contractor shall defend, indemnify and hold harmless NASPO, NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint), the Lead State, Participating Entities, Purchasing Entities, along with their officers and employees ("Indemnified Party"), from and against third -party claims, damages or causes of action including reasonable attorneys' fees and related costs arising out of the claim that the Product or its use, infringes Intellectual Property rights ("Intellectual Property Claim") of another person or entity. (1) The Contractor's obligations under this section shall not extend to any claims arising from the Product itself or the combination of the Product with any other product, system or method, unless the Product, system or method is: (a) provided by the Contractor or the Contractor's subsidiaries or affiliates; (b) specified by the Contractor to work with the Product; or (c) reasonably required, in order to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available product, system or method capable of performing the same function; or (d) It would be reasonably expected to use the Product in combination with such product, system or method. (2) The Indemnified Party shall notify the Contractor within a reasonable time after receiving notice of an Intellectual Property Claim. Even if the Indemnified Party fails to provide reasonable notice, the Contractor shall not be relieved from its obligations unless the Contractor can demonstrate that it was prejudiced in defending the Intellectual Property Claim resulting in increased expenses or loss to the Contractor. If the Contractor promptly and reasonably investigates and defends any Intellectual Property Claim, it shall have control over the defense and settlement of it. However, the Indemnified Party must consent in writing for any money damages or obligations for which it may be responsible. The Indemnified Party shall furnish, at the Contractor's reasonable request and expense, information and assistance necessary for such defense. If the Contractor fails to vigorously pursue the defense or settlement of the Intellectual Property Claim, the Indemnified Party may assume the defense or settlement of it and the Contractor shall be liable for all costs and expenses, including reasonable attorneys' fees and related costs, incurred by the Indemnified Party in the pursuit of the Intellectual Property Claim. Unless otherwise agreed in writing, this Attachment A: Page 24 of 31 City Council 24 — 28 11/21/2023 section is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement. If such a claim has occurred, or in the Contractor's opinion is likely to occur, the Contractor shall either procure for the Participating Entity the right to continue using the materials or products or services or replace or modify materials or products or services to make them non -infringing. If an option satisfactory to the Participating Entity is not reasonably available, the Participating Entity shall return the materials or products to the Contractor and stop using the infringing services, upon written request of the Contractor and at the Contractor's expense. 40. No Waiver of Sovereign Immunity In no event shall this Master Agreement, any Participating Addendum or any contract or any Purchase Order issued thereunder, or any act of the Lead State, a Participating Entity, or a Purchasing Entity be a waiver of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. This section applies to a claim brought against the Participating Entities who are states only to the extent Congress has appropriately abrogated the state's sovereign immunity and is not consent by the state to be sued in federal court. This section is also not a waiver by the state of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. 41. Governing Law and Venue a. The procurement, evaluation, and award of the Master Agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of the Master Agreement after award shall be governed by the law of the state serving as Lead State. The construction and effect of any Participating Addendum or Order against the Master Agreement shall be governed by and construed in accordance with the laws of the Participating Entity's or Purchasing Entity's State. b. Unless otherwise specified in the RFP, the venue for any protest, claim, dispute or action relating to the procurement, evaluation, and award is in the Lead State. Venue for any claim, dispute or action concerning the terms of the Master Agreement shall be in the state serving as Lead State. Venue for any claim, dispute, or action concerning any Order placed against the Master Agreement or the effect of a Participating Addendum shall be in the Purchasing Entity's State. c. If a claim is brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for (in decreasing order of priority): the Lead State for claims relating to the procurement, evaluation, award, or Attachment A: Page 25 of 31 City Council 24 — 29 11/21/2023 contract performance or administration if the Lead State is a party; a Participating State if a named party; the state where the Participating Entity or Purchasing Entity is located if either is a named party. 42. Assignment of Antitrust Rights Contractor irrevocably assigns to a Participating Entity who is a state any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1- 15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided in that state for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, at the Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action to the extent the assignment is necessary for the Participating Entity to overcome Federal or State's bar on indirect purchases. 43. Contract Provisions for Orders Utilizing Federal Funds Pursuant to Appendix II to 2 Code of Federal Regulations (CFR) Part 200, Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, Orders funded with federal funds may have additional contractual requirements or certifications that must be satisfied at the time the Order is placed or upon delivery. These federal requirements may be proposed by Participating Entities in Participating Addenda and Purchasing Entities for incorporation in Orders placed under this Master Agreement. 44. Leasing or Alternative Financing Methods The procurement and other applicable laws of some Purchasing Entities may permit the use of leasing or alternative financing methods for the acquisition of Products under this Master Agreement. Where the terms and conditions are not otherwise prescribed in an applicable Participating Addendum, the terms and conditions for leasing or alternative financing methods are subject to negotiation between the Contractor and Purchasing Entity. Attachment A: Page 26 of 31 City Council 24 — 30 11/21/2023 45. Limitation of Liability a) Except with respect to claims pursuant to Section 39.b. below, Contractor's total liability under this Agreement and Lead State, Participating Entity or Purchasing Entity's sole and exclusive remedy for any claim of any type whatsoever, arising out of Product or Service provided hereunder, shall be limited to proven direct damages caused by Contractor's sole negligence in an amount not to exceed the greater of (i) $3,000,000,; or (ii) the price paid to Contractor for the specific Service (calculated on an annual basis, when applicable) or Product from which such claim arises, for damage of any type not identified in (i) above or otherwise excluded hereunder. The limitation of liability does not apply to Contractor's obligation to indemnify for death or injury to Person(s) as identified in Section 39.a. b) Except with respect to claims regarding violation of Contractor's intellectual property rights, neither lead State, Participating Entity, Purchasing Entity nor Contractor shall have liability for any special, consequential, exemplary, incidental, or indirect damages (including, but not limited to, loss of profits, revenues, data and/or use), even if advised of the possibility thereof. 46. Entire Agreement: This Master Agreement, along with any attachment, contains the entire understanding of the parties hereto with respect to the Master Agreement unless a term is modified in a Participating Addendum with a Participating Entity. No click -through, or other end user terms and conditions or agreements required by the Contractor ("Additional Terms") provided with any Services hereunder shall be binding on Participating Entities or Purchasing Entities, even if use of such Services requires an affirmative "acceptance" of those Additional Terms before access is permitted, except for those EULA terms which are attached to and incorporated and made part of this Agreement, and/or which are later agreed by the parties in a mutually executed amendment to this Agreement. Contractor may make changes in its operations and Policies and will provide notification of such changes. 47. Adding Products: During the term of the Master Agreement, changes to the products and services offered may occur, subject to Lead State approval. The Contractor shall evaluate and recommend products and services consistent with its awarded Master Agreement to be added to the product and services offerings available through the Master Agreement. The ability to add new equipment and services is for the convenience and benefit of NASPO, the Participating States, and all Purchasing Entities. The intent of this process is to promote "one -stop shopping" and convenience for the customers and equally important, to make the contract flexible in keeping up with rapid technological advances. The option to add new product or service categories and items will expedite the delivery and implementation of new technology solutions for the benefit of the Purchasing Entities. After the contracts are awarded, additional IT product categories and/or items may be added per the request of the Contractor, a Participating State, a Purchasing Entity or NASPO. Additions may be ad hoc and temporary in nature or permanent. All additions to an awarded Contractor or Manufacturer's offerings must be products, services, Attachment A: Page 27 of 31 City Council 24 — 31 11/21/2023 software, or solutions that are commercially available at the time they are added to the contract award and fall within the original scope and intent of the awarded categories of the RFP. As part of each Contractor's ongoing updates to its pricelists throughout the contract term, Contractor can add new SKUs to its awarded product categories that may have been developed in-house or obtained through mergers, acquisitions or joint ventures; provided, however, that such new SKUs fall within the Contractor's awarded services categories. 48. Suspension of Services: Contractor may suspend provision of Services to Purchasing Entity in the following limited circumstances: (i) HPE reasonably believes the Services are, have been, or will be used in violation of the Master Agreement; (ii) HPE reasonably believes suspension is necessary to protect HPE's network, systems, operations or other users; or (iii) suspension is required by law. If Contractor suspends the Services, the parties will cooperate to identify and rectify any issues so that Services may be restored as soon as reasonably possible. 49. Change Orders. Purchasing Entity requests to change the scope of services or products, on a per -Order basis, will require a change order signed by the Purchasing Entity and the Contractor. 50. European Personal Data. If Purchasing Entity reasonably anticipates or discovers that its use of the Services will involve storage or processing of PH from the European Economic Area ("EEA") or Switzerland, Purchasing Entity will so inform Contractor, and provide whatever information Contractor reasonably requests related to that storage or processing. Upon Purchasing Entity's request, Contractor will enter into (or cause its Affiliates to enter into) EU Model Contract(s) with appendices (including technical and organizational security measures) in the form from time to time used by Contractor and its Affiliates (and available to Purchasing Entity upon request). Purchasing Entity appoints Contractor as its agent to execute EU Model Contracts on Purchasing Entity's behalf. 51. Global Trade Compliance. Imports, exports and other transfers of data or software stored, used or processed using the Services or related infrastructure are Purchasing Entity's sole responsibility, and Purchasing Entity will obtain any authorizations that may be required. Purchasing Entity will not use, distribute, transfer, or transmit any products, software or technical information (even if incorporated into other products) in violation of applicable export laws and regulations. In particular, Purchasing Entity, and any third party authorized by Purchasing Entity, may not, in violation of applicable laws and regulations, transfer, or authorize the transfer, of any Services into U.S. embargoed countries or to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or Entity List of proliferation concern, or the U.S. State Department's Debarred Parties List. Attachment A: Page 28 of 31 City Council 24 — 32 11/21/2023 eMarket Center Appendix a. This Appendix applies whenever a catalog hosted by or integration of a punchout site with eMarket Center is required by the solicitation or either solution is proposed by a Contractor and accepted by the Lead State. b. Supplier's Interface with the eMarket Center. There is no cost charged by JAGGAER to the Contractor for loading a hosted catalog or integrating a punchout site. c. At a minimum, the Contractor agrees to the following: (1) Implementation Timeline: NASPO ValuePoint eMarket Center Site Admin shall provide a written request to the Contractor to begin enablement process. The Contractor shall have fifteen (15) days from receipt of written request to work with NASPO ValuePoint and JAGGAER to set up an enablement schedule, at which time JAGGAER's technical documentation shall be provided to the Contractor. The schedule will include future calls and milestone dates related to test and go live dates. The contractor shall have a total of Ninety (90) days to deliver either a (1) hosted catalog or (2) punch -out catalog, from date of receipt of written request. (2) NASPO ValuePoint and JAGGAER will work with the Contractor, to decide which of the catalog structures (either hosted or punch -out as further described below) shall be provided by the Contractor. Whether hosted or punch -out, the catalog must be strictly limited to the Contractor's awarded contract offering (e.g. products and/or services not authorized through the resulting cooperative contract should not be viewable by NASPO ValuePoint Participating Entity users). (a) Hosted Catalog. By providing a hosted catalog, the Contractor is providing a list of its awarded products/services and pricing in an electronic data file in a format acceptable to JAGGAER, such as Tab Delimited Text files. In this scenario, the Contractor must submit updated electronic data no more than once per 30 days to the eMarket Center for the Lead State's approval to maintain the most up-to-date version of its product/service offering under the cooperative contract in the eMarket Center. (b) Punch -Out Catalog. By providing a punch -out catalog, the Contractor is providing its own online catalog, which must be capable of being integrated with the eMarket Center as a. Standard punch -in via Commerce eXtensible Markup Language (cXML). In this scenario, the Contractor shall validate that its online catalog is up-to-date by providing a written update no more than once per 30 days to the Lead State stating they have audited the offered products/services and pricing listed on its online catalog. The site must also return detailed UNSPSC codes (as outlined in line 3) for each line item. Contractor also agrees to provide e-Quote functionality to facilitate volume discounts. d. Revising Pricing and Product Offerings: Any revisions to product/service offerings (new products, altered SKUs, new pricing etc.) must be pre -approved by the Lead State and shall be subject to any other applicable restrictions with respect to the frequency or Attachment A: Page 29 of 31 City Council 24 — 33 11/21/2023 amount of such revisions. However, no cooperative contract enabled in the eMarket Center may include price changes on a more frequent basis than once per year (see required Price Guarantee Period section 11). The following conditions apply with respect to hosted catalogs: (1) Updated pricing files are required each calendar month of the month and shall go into effect in the eMarket Center on as approved by the Lead State contract administrator. (2) Lead State -approved price changes are not effective until implemented within the eMarket Center. Errors in the Contractor's submitted pricing files will delay the implementation of the price changes in eMarket Center. e. Supplier Network Requirements: Contractor shall join the JAGGAER Supplier Network (SQSN) and shall use JAGGAER's Supplier Portal to import the Contractor's catalog and pricing, into the JAGGAER system, and view reports on catalog spend and product/pricing freshness. The Contractor can receive orders through electronic delivery (cXML) or through low -tech options such as fax. More information about the SQSN can be found at: www.sciquest.com or call the JAGGAER Supplier Network Services team at 800-233-1121. f. Minimum Requirements: Whether the Contractor is providing a hosted catalog or a punch -out catalog, the Contractor agrees to meet the following requirements: (1) Catalog must contain the most current pricing, including all applicable administrative fees and/or discounts, as well as the most up-to-date product/service offering the Contractor is authorized to provide in accordance with the cooperative contract; and (2) The accuracy of the catalog must be maintained by Contractor throughout the duration of the cooperative contract; and (3) The Catalog must include a Lead State contract identification number; and (4) The Catalog must include detailed product line item descriptions; and (5) The Catalog must include pictures when possible; and (6) The Catalog must include any additional NASPO ValuePoint and Participating Addendum requirements. Although suppliers in the SQSN normally submit one (1) catalog, it is possible to have multiple contracts applicable to different NASPO ValuePoint Participating Entities. For example, a supplier may have different pricing for state government agencies and Board of Regents institutions. Suppliers have the ability and responsibility to submit separate contract pricing for the same catalog if applicable. The system will deliver the appropriate contract pricing to the user viewing the catalog. Attachment A: Page 30 of 31 City Council 24 — 34 11/21/2023 g. Order Acceptance Requirements: Contractor must be able to accept Purchase Orders via fax or cXML. The Contractor shall provide positive confirmation via phone or email within 24 hours of the Contractor's receipt of the Purchase Order. If the Purchasing Order is received after 3pm EST on the day before a weekend or holiday, the Contractor must provide positive confirmation via phone or email on the next business day. h. UNSPSC Requirements: Contractor shall support use of the United Nations Standard Product and Services Code (UNSPSC). UNSPSC versions that must be adhered to are driven by JAGGAER for the suppliers and are upgraded every year. NASPO ValuePoint reserves the right to migrate to future versions of the UNSPSC and the Contractor shall be required to support the migration effort. All line items, goods or services provided under the resulting statewide contract must be associated to a UNSPSC code. All line items must be identified at the most detailed UNSPSC level indicated by segment, family, class and commodity. i. Applicability: Contractor agrees that NASPO ValuePoint controls which contracts appear in the eMarket Center and that NASPO ValuePoint may elect at any time to remove any supplier's offering from the eMarket Center. j. The Lead State reserves the right to approve the pricing on the eMarket Center. This catalog review right is solely for the benefit of the Lead State and Participating Entities, and the review and approval shall not waive the requirement that products and services be offered at prices (and approved fees) required by the Master Agreement. k. Several NASPO ValuePoint Participating Entities currently maintain separate JAGGAER eMarketplaces, these Participating Entities do enable certain NASPO ValuePoint Cooperative Contracts. In the event one of these entities elects to use this NASPO ValuePoint Cooperative Contract (available through the eMarket Center) but publish to their own eMarketplace, the Contractor agrees to work in good faith with the entity and NASPO ValuePoint to implement the catalog. NASPO ValuePoint does not anticipate that this will require substantial additional efforts by the Contractor; however, the supplier agrees to take commercially reasonable efforts to enable such separate JAGGAER catalogs. (December 2017) Attachment A: Page 31 of 31 City Council 24 — 35 11/21/2023 Attachment B — Scope Awarded to Contractor I. Data Communications Award Categories The scope for this contract is as provided below. Contractor may offer products (i.e. white box, artificial intelligence, etc.) and services within the Categories it received an award in. Each category also allows for Internet of Things (IoT) products. These products must be an IoT product that can be deployed within, upon, or integrated into a government agency's physical asset to address government line of business needs. Proposals are expected to include IoT products designed to support common government lines of business in specific subcategories i.e. routers, switches, end points, etc. IoT products can only be provided in categories that the vendor is awarded in and can include endpoints that support items in that category. Cateeory 1.2: NETWORKING 1.2.1 Network Application Services. Application networking solutions and technologies that enable the successful and secure delivery of applications to local, remote, and branch -office users using technology to accelerate, secure, and increase availability of both application traffic and computing resources. 1.2.1.1 Virtualized Load Balancers — Virtual devices that act like a reverse proxy to distribute network and/or application traffic across multiple servers to improve the concurrent user capacity and overall reliability of applications. Capabilities should include: • SSL (Secure Sockets Layer) Off-loading • Caching capabilities • Layer 4 Load Balancing • Layer 7 Load Balancing • Detailed Reporting • Supports multiple load balancers in the same system for multiple groups • Supports TLS1.2 1.2.1.2 WAN Optimization — An appliance utilizing a collection of techniques for increasing data -transfer efficiencies across wide -area networks (WAN). Capabilities should include: • CIFS (Common Internet File System) acceleration • Data Compression • SSL encryption/decryption for acceleration (Optional) • Layer 4-7 visibility • Application Specific optimization • Network analysis tools (solutions utilized to collect, classify, analyze, and securely store log messages). 1.2.2 Networking Software. Software that runs on a server, or within the Cloud, and enables the server to manage data, users, groups, security, applications, and other networking functions. The network operating system is designed to allow Page 1 of 11 Att Thy tVuncil 24 — 36 11/21/2023 transfer of data among multiple computers in a network, typically a local area network (LAN), a private network or to other networks. Networking software capabilities should include: • Restartable Process • High availability options • Targeted operating systems, i.e. DC, campus, core, wan, etc. • Operating System Efficiencies • Network analysis tools (solutions utilized to collect, classify, analyze, and securely store log messages). 1.2.2.1 Network Management and Automation — Software products and solutions for network automation, cloud computing, and IT systems management. 1.2.2.2 Data Center Management and Automation — Software products and solutions that capture and automate manual tasks across servers, network, applications, and virtualized infrastructure. 1.2.2.3 Cloud Portal and Automation — Software products and solutions for cloud management with policy -based controls for provisioning virtual and physical resources. 1.2.2.4 Branch Office Management and Automation — Software products and solutions for management of branch offices. Capabilities include remote troubleshooting, device management, and WAN performance monitoring. 1.2.3 Network Optimization and Acceleration. Devices and tools for increasing data -transfer efficiencies across wide -area networks. 1.2.3.1 Data Analytics — Appliance for improving network management by more effectively factoring in issues related to congestion, such as utilization, service consumption and routing. Provides real-time insights into network traffic to determine the value of different portions of that traffic. 1.2.3.2 Dynamic Load Balancing (Network Traffic Management) — An appliance that performs a series of checks and calculations to determine which server can best service each client request in order to select the server that can successfully fulfill the client request and do so in the shortest amount of time without overloading either the server or the server farm as a whole. 1.2.3.3 WAN Acceleration — Appliance that optimizes bandwidth to improve the end user's experience on a wide area network (WAN). Capabilities should include: • CIFS acceleration • Data Compression • SSL encryption/decryption for acceleration (Optional) • Layer 4-7 visibility • Application Specific optimization 1.2.3.4 High Availability and Redundancy — Limits any disruption to network uptime should an appliance face unforeseen performance issues. Transparently redistributes workloads to surviving cluster appliances without impacting communication throughout the cluster. 1.2.4 Optical Networking, Page 2 of 11 Att Thy tVuncil 24 - 37 11/21/2023 High capacity networks based on optical technology and components that provide routing, grooming, and restoration at the wavelength level as well as wavelength based services. 1.2.4.1 Core DWDM (Dense Wavelength Division Multiplexing) Switches — Switches used in systems designed for long haul and ultra long -haul optical networking applications. 1.2.4.2 Edge Optical Switches — Provide entry points into the enterprise or service provider core networks. 1.2.4.3 Optical Network Management — Provides capabilities to manage the optical network and allows operators to execute end -to -end circuit creation. 1.2.4.4 IP over DWDM (IPoDWDM) — A device utilized to integrate IP Routers and Switches in the OTN (Optical Transport Network). Category 1.3: ROUTERS. SWITCHES. SECURITY. AND NETWORKING STORAGE 1.3.1 Routers. A device that forwards data packets along networks. A router is connected to at least two networks, commonly two LANs or WANs or a LAN and its ISP's network. Routers are located at gateways, the places where two or more networks connect, and are the critical device that keeps data flowing between networks and keep the networks connected to the Internet. 1.3.1.1 Branch Routers — A multiservice router typically used in branch offices or locations with limited numbers of users and supports flexible configurations/feature. For example: security, VolP, wan acceleration, etc. 1.3.1.2 Network Edge Routers — A specialized router residing at the edge or boundary of a network. This router ensures the connectivity of its network with external networks, a wide area network or the Internet. An edge router uses an External Border Gateway Protocol, which is used extensively over the Internet to provide connectivity with remote networks. 1.3.1.3 Core Routers - High performance, high speed, low latency routers that enable Enterprises to deliver a suite of data, voice, and video services to enable next -generation applications such as IPTV and Video on Demand (VoD), and Software as a Service (SaaS). 1.3.1.4 Service Aggregation Routers — Provides multiservice adaptation, aggregation and routing for Ethernet and IP/MPLS networks to enable service providers and enterprise edge networks simultaneously host resource -intensive integrated data, voice and video business and consumer services. 1.3.1.5 Carrier Ethernet Routers — High performance routers that enable service providers to deliver a suite of data, voice, and video services to enable next -generation applications such as IPTV, Video on Demand (VoD), and Software as a Service (SaaS). 1.3.2 Security. 1.3.2.1 Data Center and Virtualization Security Products and Appliances — Products designed to protect high -value data and data center resources with threat defense and policy control. Page 3 of 11 Att Thy tVuncil 24 - 38 11/21/2023 1.3.2.2 Intrusion Detection/Protection and Firewall Appliances — Provide comprehensive inline network firewall security from worms, Trojans, spyware, key loggers, and other malware. This includes Next -Generation Firewalls (NGFW), which offer a wire -speed integrated network platform that performs deep inspection of traffic and blocking of attacks. Intrusion Detection/Protection and Firewall Appliances should provide: • Non -disruptive in -line bump -in -the -wire configuration • Standard first -generation firewall capabilities, e.g., network -address translation (NAT), stateful protocol inspection (SPI) and virtual private networking (VPN), etc. • Application awareness, full stack visibility and granular control • Capability to incorporate information from outside the firewall, e.g., directory -based policy, blacklists, white lists, etc. • Upgrade path to include future information feeds and security threats • SSL decryption to enable identifying undesirable encrypted applications (Optional) 1.3.2.3 Logging Appliances and Analysis Tools — Solutions utilized to collect, classify, analyze, and securely store log messages. 1.3.2.4 Secure Edge and Branch Integrated Security Products — Network security, VPN, and intrusion prevention for branches and the network edge. Products typically consist of appliances or routers. 1.3.2.5 Secure Mobility Products — Delivers secure, scalable access to corporate applications across multiple mobile devices. 1.3.2.6 Encryption Appliances — A network security device that applies crypto services at the network transfer layer - above the data link level, but below the application level. 1.3.2.7 On -premise and Cloud -based services for Network Communications Integrity — Solutions that provide threat protection, data loss prevention, message level encryption, acceptable use and application control capabilities to secure web and email communications. This could include cloud access security brokers (CAS13s) and DNS security. 1.3.2.8 Secure Access — Products that provide secure access to the network for any device, including personally owned mobile devices (laptops, tablets, and smart phones). Capabilities should include: • Management visibility for device access • Self-service on -boarding • Centralized policy enforcement • Differentiated access and services • Device Management 1.3.3 Storage Networking. High-speed network of shared storage devices connecting different types of storage devices with data servers. 1.3.3.1 Director Class SAN (Storage Area Network) Switches and Modules — A scalable, high- performance, and protocol -independent designed primarily to fulfill the role of core switch in a core -edge Fibre Channel (FC), FCOE or similar SAN topology. A Fibre Channel director is, by current convention, a Page 4 of 11 Att Thy tVuncil 24 - 39 11/21/2023 switch with at least 128 ports. It does not differ from a switch in core FC protocol functionality. Fibre Channel directors provide the most reliable, scalable, high-performance foundation for private cloud storage and highly virtualized environments. 1.3.3.2 Fabric and Blade Server Switches — A Fibre Channel switch is a network switch compatible with the Fibre Channel (FC) protocol. It allows the creation of a Fibre Channel fabric, which is currently the core component of most SANS. The fabric is a network of Fibre Channel devices, which allows many -to -many communication, device name lookup, security, and redundancy. FC switches implement zoning; a mechanism that disables unwanted traffic between certain fabric nodes. 1.3.3.3 Enterprise and Data Center SAN and VSAN (Virtual Storage Area Network) Management — Management tools to provisions, monitors, troubleshoot, and administers SANS and VSANs. 1.3.3.4 SAN Optimization — Tools to help optimize and secure SAN performance (ie. Encryption of data - at -rest, data migration, capacity optimization, data reduction, etc. 1.3.4: Switches. Layer 2/3 devices that are used to connect segments of a LAN (local area network) or multiple LANs and to filter and forward packets among them. 1.3.4.1 Campus LAN — Access Switches — Provides initial connectivity for devices to the network and controls user and workgroup access to internetwork resources. The following are some of the features a campus LAN access switch should support: 1. Security a. SSHv2 (Secure Shell Version 2) b. 802AX (Port Based Network Access Control) c. Port Security d. DHCP (Dynamic Host Configuration Protocol) Snooping 2. VLANs 3. Fast Ethernet/Gigabit Ethernet 4. PoE (Power over Ethernet) S. link aggregation 6. 10 Gb support 7. Port mirroring 8. Span Taps 9. Support of IPv6 and IPv4 10. Standards -based rapid spanning tree 11. Netflow Support (Optional). 1.3.4.2 Campus LAN — Core Switches — Campus core switches are generally used for the campus backbone and are responsible for transporting large amounts of traffic both reliably and quickly. Core switches should provide: • High bandwidth • Low latency • Hot swappable power supplies and fans Page 5 of 11 Att Thy tVuncil 24 - 40 11/21/2023 • Security o SSHv2 o MacSec encryption o Role -Based Access Control Lists (ACL) • Support of IPv6 and IPv4 • 1/10/40/100 Gbps support • IGP (Interior Gateway Protocol) routing • EGP (Exterior Gateway Protocol) routing • VPLS (Virtual Private LAN Service) Support • VRRP (Virtual Router Redundancy Protocol) Support • Netflow Support. 1.3.4.3 Campus Distribution Switches — Collect the data from all the access layer switches and forward it to the core layer switches. Traffic that is generated at Layer 2 on a switched network needs to be managed, or segmented into Virtual Local Area Networks (VLANs), Distribution layer switches provides the inter-VLAN routing functions so that one VLAN can communicate with another on the network. Distribution layer switches provides advanced security policies that can be applied to network traffic using Access Control Lists (ACLs). • High bandwidth • Low latency • Hot swappable power supplies and fans • Security (SSHv2 and/or 802.1X) • Support of IPv6 and IPv4 • Jumbo Frames Support • Dynamic Trunking Protocol (DTP) • Per-VLAN Rapid Spanning Tree (PVRST+) • Switch -port auto recovery • NetFlow Support or equivalent 1.3.4.4 Data Center Switches — Data center switches, or Layer 2/3 switches, switch all packets in the data center by switching or routing good ones to their final destinations, and discard unwanted traffic using Access Control Lists (ACLs) a minimum of 10 Gigabit speeds. High availability and modularity differentiates a typical Layer 2/3 switch from a data center switch. Capabilities should include: • High bandwidth • Low latency • Hot swappable power supplies and fans • Ultra -low latency through wire -speed ports with nanosecond port -to -port latency and hardware - based Inter -Switch Link (ISL) trunking • Load Balancing across Trunk group able to use packet based load balancing scheme • Bridging of Fibre Channel SANS and Ethernet fabrics • Jumbo Frame Support • Plug and Play Fabric formation that allows a new switch that joins the fabric to automatically become a member Page 6 of 11 Att Thy tVuncil 24 - 41 11/21/2023 • Ability to remotely disable and enable individual ports • Support NetFlow or equivalent 1.3.4.5 Software Defined Networks (SDN) — An application in SDN that manages flow control to enable intelligent networking. 1.3.4.6 Software Defined Networks (SDN) - Virtualized Switches and Routers — Technology utilized to support software manipulation of hardware for specific use cases. 1.3.4.7 Software Defined Networks (SDN) — Controllers - is an application in software -defined networking (SDN) that manages flow control to enable intelligent networking. SDN controllers are based on protocols, such as OpenFlow, that allow servers to tell switches where to send packets. The SDN controller lies between network devices at one end and applications at the other end. Any communications between applications and devices have to go through the controller. The controller uses multiple routing protocols including OpenFlow to configure network devices and choose the optimal network path for application traffic. 1.3.4.8 Carrier Aggregation Switches — Carrier aggregation switches route traffic in addition to bridging (transmitted) Layer 2/Ethernet traffic. Carrier aggregation switches' major characteristics are: • Designed for Metro Ethernet networks • Designed for video and other high bandwidth applications • Supports a variety of interface types, especially those commonly used by Service Providers Capabilities should include: • Redundant Processors • Redundant Power • IPv4 and IPv6 unicast and multicast • High bandwidth • Low latency • Hot swappable power supplies and fans • MPLS (Multiprotocol Label Switching) • BGP (Border Gateway Protocol) • Software router virtualization and/or multiple routing tables • Policy based routing • Layer 2 functionality o Per VLAN Spanning Tree o Rapid Spanning Tree o VLAN IDs up to 4096 o Layer 2 Class of Service (IEEE 802.1p) o Link Aggregation Control Protocol (LACP) o QinQ (IEEE 802.1ad) 1.3.4.9 Carrier Ethernet Access Switches — A carrier Ethernet access switch can connect directly to the customer or be utilized as a network interface on the service side to provide layer 2 services. Page 7 of 11 Att Thy tVuncil 24 - 42 11/21/2023 • Hot-swappable and field -replaceable integrated power supply and fan tray • AC or DC power supply with minimum DC input ranging from 18V to 32 VDC and 36V to 72 VDC • Ethernet and console port for manageability • SD flash card slot for additional external storage • Stratum 3 network clock • Line -rate performance with a minimum of 62-million packets per second (MPPS) forwarding rate • Support for dying gasp on loss of power • Support for a variety of small form factor pluggable transceiver (SFP and SFP+) with support for Device Object Model (DOM) • Timing services for a converged access network to support mobile solutions, including Radio Access Network (RAN) applications • Support for Synchronous Ethernet (SyncE) services • Supports Hierarchical Quality of Service (H-QoS) to provide granular traffic -shaping policies • Supports Resilient Ethernet Protocol REP/G.8032 for rapid layer -two convergence Category 1.4: WIRELESS. Provides connectivity to wireless devices within a limited geographic area. System capabilities should include: • Redundancy and automatic failover • IPv6 compatibility • NTP Support 1.4.1 Access Points — A wireless Access Point (AP) is a device that allows wireless devices to connect to a wired network using Wi-Fi, or related standards. Capabilities should include: • 802.11a/b/g/n • 802.11n • 802.11ac • Capable of controller discovery method via DHCP (onsite controller or offsite through Cloud Architecture) • UL2043 plenum rated for safe mounting in a variety of indoor environments • Support AES-CCMP (128-bit) • Provides real-time wireless intrusion monitoring and detection 1.4.2 Outdoor Wireless Access Points — Outdoor APs are rugged, with a metal cover and a DIN rail or other type of mount. During operations they can tolerate a wide temperature range, high humidity and exposure to water, dust, and oil. Capabilities should include: • Flexible Deployment Options • Provides real-time wireless intrusion monitoring and detection • Capable of controller discovery method via DHCP (onsite controller or offsite through Cloud Architecture) Page 8 of 11 Att Thy tVuncil 24 - 43 11/21/2023 1.4.3 Wireless LAN Controllers — An onsite or offsite solution utilized to manage Light -weight access points in large quantities by the network administrator or network operations center. The WLAN controller automatically handles the configuration of wireless access -points. Capabilities should include: • Ability to monitor and mitigate RF interference/self-heal • Support seamless roaming from AP to AP without requiring re -authentication • Support configurable access control lists to filter traffic and denying wireless peer to peer traffic • System encrypts all management layer traffic and passes it through a secure tunnel • Policy management of users and devices provides ability to de -authorize or deny devices without denying the credentials of the user, nor disrupting other AP traffic • Support configurable access control lists to filter traffic and denying wireless peer to peer traffic 1.4.4 Wireless LAN Network Services and Management — Enables network administrators to quickly plan, configure and deploy a wireless network, as well as provide additional WLAN services. Some examples include wireless security, asset tracking, and location services. Capabilities should include: • Provide for redundancy and automatic failover • Historical trend and real time performance reporting is supported • Management access to wireless network components is secured • SNMPv3 enabled • RFC 1213 compliant • Automatically discover wireless network components • Capability to alert for outages and utilization threshold exceptions • Capability to support Apple's Bonjour Protocol / mDNS • QoS / Application identification capability 1.4.5 Cloud -based services for Access Points — Cloud -based management of campus -wide WiFi deployments and distributed multi -site networks. Capabilities include: • Zero -touch access point provisioning • Network -wide visibility and control • RF optimization, • Firmware updates 1.4.6 Mobile Device Management (MDM) — MDM technology utilized to allow employees to bring personally owned mobile devices (laptops, tablets, and smart phones) to their workplace, and use those devices to access privileged government information and applications in a secure manner. Capabilities should include: • Ability to apply corporate policy to new devices accessing the network resources, whether wired or wireless • Provide user and devices authentication to the network • Provide secure remote access capability • Support 802.1x • Network optimization for performance, scalability, and user experience Page 9 of 11 Att Thy tVuncil 24 - 44 11/21/2023 II. Value Added Services For each Award Category above, the following valued services should also be available for procurement at the time of product purchase or anytime afterwards. This provided list of value added services is not intended to be exhaustive, and may be updated pursuant to the terms of the resulting Master Agreement 2.1 Maintenance Services — Capability to provide technical support, software maintenance, flexible hardware coverage, and smart, proactive device diagnostics for hardware. 2.2 Professional Services a. Deployment Services i. Survey/ Design Services — Includes, but not limited to, discovery, design, architecture review/validation, and readiness assessment. ii. Implementation Services — Includes, but not limited to, basic installation and configuration or end -to -end integration and deployment. iii. Optimization — Includes, but not limited to, assessing operational environment readiness, identify ways to increase efficiencies throughout the network, and optimize Customer's infrastructure, applications and service management. b. Remote Management Services — Includes, but not limited to, continuous monitoring, incident management, problem management, change management, and utilization and performance reporting that may be on a subscription basis. c. Consulting/Advisory Services — Includes, but not limited to, assessing the availability, reliability, security and performance of Customer's existing solutions. d. Data Communications Architectural Design Services — Developing architectural strategies and roadmaps for transforming Customer's existing network architecture and operations management. e. Statement of Work (SOW) Services — Customer -specific tasks to be accomplished and/or services to be delivered based on Customer's business and technical requirements. f. Testing Services — Includes, but not limited to, testing the availability, reliability, security and performance of Customer's existing solutions 2.3 Partner Services — Provided by Contractor's Authorized Partners/Resellers. a. Subject to Contractor's approval and the certifications held by its Partners/Resellers, many Partners/Resellers can also offer and provide some or all of the Services as listed above at competitive pricing, along with local presence and support. As the primary Contractor (OEM), Contractor is ultimately responsible for the service and performance of its Partners/ Resellers. Customers may have the option to purchase the Services to be directly delivered by Contractor (OEM) or its certified Partners/Resellers. 2.4 Training — Learning offerings for IT professionals on networking technologies, including but not limited to designing, implementing, operating, configuring, and troubleshooting network systems pertaining to items provided under the master agreement. Page 10 of 11 Att Thy ouncil 24 - 45 11/21/2023 III. Product Line Additions During the contract term Contractor may submit a request to update product catalog that falls within the scope listed in herein this Attachment B as new technology is introduced, updated or removed from the market. Lead State will evaluate requests and update the contract offering as appropriate. New product additions must utilize the same pricing structure as was used for services falling into the same service category. A. Minimum Discount The Minimum Discount % off List shall be firm fixed for the duration of the contract. However, the list prices may fluctuate through the life of the contract, as provided within Attachment A. Contractor may offer increased discounts upon achievement of contract volume milestones. Minimum guaranteed contract discounts do not preclude Contractor and/or its authorized resellers from providing deeper or additional, incremental discounts at their sole discretion. Purchasing entities shall benefit from any promotional pricing offered by the Contractor to similar customers. Promotional pricing shall not be cause for a permanent price change. Page 11 of 11 Att Thy ouncil 24 - 46 11/21/2023 Attachment C - Pricing Discounts and Value Added Services Contractor Hewlett Packard Enterprise 1. % discounts are based on minimum discounts off Contractor's commercially published pricelists versus fixed pricing. Nonetheless, Orders will be fixed -price or fixed-rate and not cost reimbursable contracts. Contractor has the ability to update and refresh its respective price catalog, as long as the agreed -upon discounts are fixed. 2. Minimum guaranteed contract discounts do not preclude an Offeror and/or its authorized resellers from providing deeper or additional, incremental discounts at their sole discretion. 3. Purchasing entities shall benefit from any promotional pricing offered by Contractor to similar customers. Promotional pricing shall not be cause for a permanent price change. 4. Contractor's price catalog shall include the price structures of all products, services and value added items (i.e., Maintenance Services, Professional Services, Etc.) that it intends to provide under its contract. Pricing shall all-inclusive of infrastructure and software costs and management of infrastructure, network, OS, and software. Discount ,Section 2: Minimum Category 1.2 Networking Hardware and Software 34.00% Service Packages (i.e., Maintenance, etc.) 16.00% Category 1.3 Routers, Switches, Secuirty, and Networking Storage Hardware and Software 34.00% Service Packages (i.e., Maintenance, etc.) 16.00% Category 1.4 Wireless Hardware and Software 34.00% Service Packages (i.e., Maintenance, etc.) 16.00% Section 3: Value Added Services Provide the title, job description for each title, and associated hourly rate. Add additional rows as necessary. Hourly Rates Weekday Weekend State Holiday TitleMir Job Description Onsite Remote Onsite Remote Onsite Remote HPE offers our customers a full life cycle suite of technical support from Maintenance Services installation and startup turn -key services through hardware coverage options with monitoring and call home functionality. HPE Network Consulting has more than 40 years of experience with multivendor network equipment through an expansive delivery Professional Services organization of expert network consultants. HPE Network Consulting See Note 2 has assisted both enterprise and service provider customers to plan, design, integrate, and deploy highly complex network infrastructures. HPE can get customers new environments up and running quickly by engaging these services, which See Note 2 coordinate the end -to -end integration and deployment of your network Deployment Services implementation. H PE can bring your network online, add new connections to an existing network, or guide your transition to a converged network environment while scaling the solution to fit your requirements. Services Include:Assessment of your end -to -end environment readiness, Consulting Advisory Services Gap analysis and program planning, See Note 2 Security assessments and Recom men d ati ons/roa d m a p HPE Network Consulting lifecycle Architectural Design Services services consist of: Network Strategy and Planning Services and Network see Note 2 Architecture and Design Services HPE offers a broad portfolio of services that includes customer support, consulting and integration, outsourcing services, and education. Statement of Work Services HPE can enter at any point of the See Note 2 engagement lifecycle, to design, build, integrate, manage and evolve a solution tailored to address the State's specific business requirements. City Council 24 — 47 11/21/2023 Attachment C Page 1 of 2 Attachment C - Pricing Discounts and Value Added Services Contractor Hewlett Packard Enterprise Access personalized dashboard to monitor device health, events, and support status anytime, anywhere. View and manage all devices in the IT Remote Management Services environment, as well as associated See Note 2 support contracts, warranties, and service credits by device. Monitor auto generated hardware events and support cases Training Deployment Services HPE has listed our training offerings as SKUs in the Solicitation SK18001 HPE - Detailed Product Offering Worksheet HPE will only put services SKUs on the contract that HPE or authorized resellers are able to deliver. In most cases, the partner / reseller will take the order and then decide to allow HPE to deliver the service or deliver Partner Services the service themselves. HPE has a process that allows our resellers to become authorized providers of HPE services. In these cases, the partner still uses the HPE services SKUs that we have listed. Note t. HPE does not typically bill for maintenance services on a Time & Materials basis; rather our customers sign up for maintenance services. Therefore we do not publish hourly rates for maintenance. HPE has provided SKU numbers in the Solicitation SK18001 HPE - Detailed Product Offering Worksheet. Note 2. HPE has provided two SKUs for Professional Services in the Solicitation SK18001 HPE - Detailed Product Offering Worksheet. If our customers would like to engage HPE for customized services, we will respond with a Statement of Work specific to the request. Every Statement of Work and its required levels of service (skill set required to deliver) is unique. For this reason, we have included a blended rate for 8 hours of remotely delivered services and 40 hours of onsite service which are used quite frequently. HPE does not publish hourly rates; we provide quotes based on customer needs. Note 3. HPE has provided SKU numbers in the Solicitation SK18001 HPE - Detailed Product Offering Worksheet. HPE does not charge for training by the hour. Note 4. Partners' rates vary by geography, and like HPE, by level of service required. Partners may sell HPE SKUs for 8 hour and 40 hours of work at the blended rate and pass this to HPE or deliver it themselves. As such, it is difficult to publish a rate card for our partners, especially since we have such an extensive network of partners around the country. City Council 24 — 48 11/21/2023 Attachment C Page 2 of 2 Attachment D - State and Local Government and Education Customer Return Policy; EULA Hew Lett Packard Enterprise State and Local Government and Education Customer Return Policy Coverage: These guidelines apply only to returns initiated by State and Local Government or Education customers purchasing HPE/Aruba branded product direct from Hewlett Packard Enterprise Company ("HPE") or a customer purchase under one of HPE's State and Local Government or Education direct contracts. A direct contract is defined as a contract by and between HPE and a State, Local or Education end user. This return policy does not apply to purchases by end user through HPE resellers under separate contract; loaners; early marketing units or employee purchases administered as internal HPE orders. Products Not Eligible: Customized Products: Products that are customized and not otherwise marketable by HPE (e.g., products specifically designed for a particular customer that cannot be sold to another customer). Refurbished products: HPE branded product Consumable products: Separately packaged HPE branded software cannot be returned to Hewlett Packard Enterprise. Third Party Options: Where returns are otherwise governed by the original manufacturer - Note: The original manufacturer may provide their own warranties. The return guidelines should be confirmed with the customer support representative when requesting a Return Material Authorization ("RMA"). Product not purchased direct from HPE: Which means product purchased from another source, such as a reseller, distributor, etc., under a separate contract between end user and reseller. RETURN OF PRODUCTS Defective Product: For product that is defective on arrival, it is recommended that customers call Technical Support at 1-844-806-3425 to determine if the product can be corrected. Or, the customer may utilize the 30 day goodwill return policy. Also the customer may contact the HPE North America Customer Care Team via email: VALOM-US- SLED@HPE.COM, to report product that was defective on arrival and obtain warranty service for HPE Product, or obtain contact information for warranty services provided by other manufacturers. Carrier Related Loss or Damaged Shipments: Customers should note damages or shortages on the Bill Of Lading at the time of delivery. Within a reasonable time or not later than 30 days from delivery, notify the HPE Customer Care Team and provide a copy of the Bill of Lading/Packing Slip. Concealed damage(s) or shortage(s), where the box is in good condition but product is missing or damaged, is an exception and should be reported as soon as practicable after delivery in order for HPE to establish the claim with the carrier. HPE is committed to customer satisfaction and values our relationship with State and Local Government and Education Customer. To show our commitment, HPE is providing a goodwill right to return, or exchange unused products within 30 days from receipt of the product. HPE does not charge a restocking or handling fee for product returned within 30 days. It's at HPE's sole discretion to accept return products after 30-days. If a product return is accepted after 30-days a restocking fee may apply. Procedures for Returns: The State or Local Government and Education Customer should contact the assigned Customer Service Representative (CSR) via email: VALAM-US-SLED@HPE.COM, to coordinate returns or replacements within 30 days from delivery of product. At that time a case number will be assigned to the request while HPE validates it and proceeds (24 -48 hours). Once a Return Material Authorization is approved, the Care Agent will submit an e-claim and an RMA number is assigned to it. This e-claim triggers a return label with HPE selected carrier (usually CEVA) and CEVA sends out a questionnaire to the customer that needs to be responded no later than 7 calendar days. Once the carrier receives the questionnaire, pick up should be scheduled for the returning material no later than 30 calendar days from the date of the request. The Customer Care Team Representative will assist the Customer on any other details or specifics regarding returns, credits and refunds. Returci cQownciI Attac`�men -49 11/21�Wi0 4.2018 Attachment D - State and Local Government and Education Customer Return Policy; EULA Hewlett Packard Enterprise Hewlett Packard Enterprise reserves the right to refuse any return that does not meet the requirements stated below Package - Product must be returned in the original shipping packaging. In the event the packaging is not available or unusable, it must be noted when requesting an RMA. If possible, remove all mailing labels on the outside of the box that references the customer address or simply mark out the mailing labels address with a marker. The customer will either receive a mailing label via email that should be attached to the return products and/or will be provided a label by the carrier. Be sure to mark your RMA number on the box. If product for more than one RMA is being returned in the same box, make sure that all RMA numbers are listed on both the mailing label and packing list. If products are received at the Returns Center without valid RMA numbers on the mailing label, your credit may be delayed and proof of delivery or other supporting documentation may be required. The RMA number(s) must appear clearly on the box, as returns will not be accepted without an RMA number. Returns must be 100% complete, unused, in original and re -salable condition, with all original packaging, manuals, registration card(s), software, cabling and accessories. If, after the product has been returned and inspected, it is discovered that components are missing from the return, HPE reserves the right not to issue a credit for the return of the missing components. If it is determined that there are missing components when the product is returned, and the customer has received a credit, the customer may be issued an invoice for the missing component. Missing components may include but are not limited to keyboard, mouse, software, speakers, accessories, drives, memory, microprocessors, and processor boards. RMA numbers that have been open for greater than thirty (30) days may be cancelled and the customer subsequently invoiced for the unreturned product. Another RMA can be requested as long as it is within the 30 days of receipt of the product. Please note that all returned products must be credited against the account and order from which the product was originally invoiced. All products must be returned to the address provided by the HPE Customer Service Representative via email or by the carrier: Hewlett Packard Enterprise Returns C/o Alorica 423 New Sanford Road Dock door 29 LaVergne, TN 37086 RMA XXXXXXXX Returns PQrE6Ui1CII AttaEbg��T2— 50 11/2149A9tr4I. 04.2018 Attachment D - State and Local Government and Education Customer Return Policy; EULA End User License Agreement ("EULA") - HPE NASPO ValuePoint Data Communications Contract #[insert] 1. Applicability. This end user license agreement (the "Agreement") governs the use of accompanying software, unless it is subject to a separate agreement between you and Hewlett Packard Enterprise Company and its subsidiaries ("HPE"). 2. Terms. This Agreement includes supporting material accompanying the software or referenced by HPE, which may be software license information, additional license authorizations, software specifications, published warranties, supplier terms, open source software licenses and similar content ("Supporting Material"). 3. Electronic Delivery. HPE may elect to deliver software and related software product or license information by electronic transmission or download. 4. License Grant. If you abide by this Agreement, HPE grants you a non-exclusive, non -transferable license to use one copy of the version or release of the accompanying software for your internal purposes only, and is subject to any specific software licensing information that is in the software product or its Supporting Material. For non-HPE branded software, the third party's license terms will govern its use. Your use is subject to the following restrictions, unless specifically allowed in Supporting Material: — You may not use software to provide services to third parties. — You may not make copies and distribute, resell or sublicense software to third parties. — You may not download and use patches, enhancements, bug fixes, or similar updates unless you have a license to the underlying software. However, such license does not automatically give you a right to receive such updates and HPE reserves the right to make such updates only available to customers with support contracts. — You may not copy software or make it available on a public or external distributed network. — You may not allow access on an intranet unless it is restricted to authorized users. — You may make one copy of the software for archival purposes or when it is an essential step in authorized use. — You may not modify, reverse engineer, disassemble, decrypt, decompile or make derivative works of software. If you have a mandatory right to do so under statute, you must inform HPE in writing about such modifications. S. Software Usage. Some software may require keys or other technical protection measures for access and HPE may monitor your compliance with the Agreement, remotely or otherwise. 6.90-day Limited Warranty. Subject to the Master Agreement, HPE warrants that HPE-branded software materially conforms to its specifications, if any, and is free of malware at the time of delivery; if you notify HPE within 90 days of delivery of non-conformance to this warranty, HPE will replace your copy. HPE does not warrant that the operation of software will be uninterrupted or error free, or that software will operate in hardware and software combinations other than as authorized by HPE in Supporting Material. 7. Termination. This Agreement is effective until terminated or in the case of a limited -term license, upon expiration; however, your rights under this Agreement terminate if you fail to comply with it. Immediately upon termination or expiration, you will destroy the software and documentation and any copies, or return them to HPE. You may keep one copy of software and documentation for archival purposes. We may ask you to certify in writing you have complied with this section. 8. General. City Council Attachmer2-4 — 51 11 /21 /2Q.�3 of 4 Attachment D - State and Local Government and Education Customer Return Policy; EULA a. Transfer. You may not assign Software without prior written consent of HPE, payment of transfer fees and compliance with HPE's software license transfer policies. Authorized assignments will terminate your license to the software and you must deliver software and documentation and copies thereof to the assignee. The assignee will agree in writing to this Agreement. You may only transfer firmware if you transfer associated hardware. b. Audit. HPE may audit you for compliance with the software license terms. Upon reasonable notice, HPE may conduct an audit during normal business hours (with the auditor's costs being at HPE's expense). c. Open Source Components. To the extent the Supporting Material includes open source licenses, such licenses shall control over this Agreement with respect to the particular open source component. To the extent Supporting Material includes the GNU General Public License or the GNU Lesser General Public License: (a) the software includes a copy of the source code; or (b) if you downloaded the software from a website, a copy of the source code is available on the same website; or (c) if you send HPE written notice, HPE will send you a copy of the source code for a reasonable fee. 9. SaaS Provisions. a. HPE Software -as -a -Service (HPE SaaS) Right of Use. For the duration specified in the Order, you may access and use HPE SaaS in accordance with Supporting Material and this Agreement. HPE may suspend your access to HPE SaaS where you provide false information when ordering, breach this Agreement, or use or attempt to use HPE SaaS in violation of law. You remains responsible for applicable fees through the date of suspension or termination. As long as HPE does not materially degrade the functionality of HPE SaaS: (i) HPE may modify the systems and environment used to provide HPE SaaS; and (ii) HPE may make any changes to HPE SaaS that it deems necessary or useful to maintain or enhance the quality or delivery of HPE's services to its customers, the competitive strength of or market for HPE's services, or HPE SaaS' cost efficiency or performance. b. Usage Restrictions. You may only access HPE SaaS for its internal business purposes and not use for commercialization unless expressly permitted by Supporting Materials. You are responsible for any use of HPE SaaS through your credentials. Should you believe that there has been unauthorized use of your account, you must promptly notify HPE. You will not: (i) exceed any usage limitations identified in the Supporting Material; (ii) except to the extent expressly permitted in Supporting Material, sell, resell, license, sublicense, lease, rent, or distribute HPE SaaS or include HPE SaaS in other outsourcing offerings, or make any portion of HPE SaaS available for the benefit of any third party; (iii) copy or reproduce any portion of HPE SaaS; (iv) interfere with or disrupt the integrity or performance of HPE SaaS; (v) use HPE SaaS to send or store data that is obscene, offensive, libelous, tortuous or otherwise unlawful, violates any third party's privacy rights, or infringes upon or misappropriates intellectual property rights; (vi) use HPE SaaS to disrupt or cause harm to a third party's system or environment or evade filters; (vii) access HPE SaaS to build a competitive product or service; or (viii) reverse engineer HPE SaaS; (ix) disclose any information relating to the performance or operation of the HPE SaaS (including any benchmarking or other testing results) to any third party without the express prior written consent of HPE unless otherwise required by law; or (x) engage a third party to perform security testing on the HPE SaaS unless that third party enters into a written non -disclosure agreement directly with HPE. You will cooperate with HPE's investigation of your compliance with the SaaS usage restrictions. You are responsible for complying with all terms of use for any software, content, service, or website you load, create, or access when using HPE SaaS. c. Data. You are solely responsible for the content created or placed into a HPE-provided system during your use of the HPE-provided system ("Customer -provided Data"). You will remain the sole and exclusive owner of all Customer -provided Data. You grant HPE the necessary rights to Customer -provided Data to allow HPE to use Customer -provided Data as necessary to provide such HPE-provided system, technical support, or as otherwise required by law. City Council Attachment — 52 11 /21 /2Q-04 of 4 Statement of Work CITY OF SANTA ANA - it dif1 •I* ARUBA DEVICE DEPLOYMENT AND INTEGRATIONIME AND MATERIALS PROJECT HPE'S ARUBA HIGH TOUCH SERVICES Prepared by: Andrew Clelland Version: 1.4 Date: November 6, 2023 CAPE: OPE-0014039393 Statement of Work — City of Santa Ana — High Touch Services 0.4 November 6, 2023 Important Notice This Statement of Work is proprietary to HPE and contains HPE Confidential Information. It may not be disclosed in whole or in part without the express written authorization of HPE. No portion of this Statement of Work may be duplicated or used for any purpose other than to receive Services or Deliverables from HPE described herein. © Copyright 2023 Hewlett Packard Enterprise Development Company, L.P. City Council 24 - 54 11/21/2023 Statement of Work — City of Santa Ana — High Touch Services v1.4 November B, 2023 Document Revision History .. 05/23/2023 v0.1 Andrew Clelland Change Summary Original 06/05/2023 v0.2 Andrew Clelland Changed SoW from Fixed Price to Time and Materials 06/26/2023 v0.3 Andrew Clelland Changed SKU Qty 09/06/2023 V0.4 Andrew Clelland Removed draft watermark and adjusted dates. 10/12/2023 v0.5 Andrew Clelland Added language ,per Customer's request 10/26/2023 v1.0 Andrew Clelland Adjusted language per HPE legal and Customer's direction. 11/02/2023 v1.1 Andrew Clelland Adjusted section 6.1 per customer's direction. 11/06/2023 v1.2 Andrew Clelland Adjusted language in section 6.1 and section 7 11/06/2023 0.3-1.4 Andrew Clelland Adjusted language in section 6.1 City Council - "°�r`'�' `24 --55 11 /21 /2023 Statement of Work - city of Santa Ana — High Touch Services v1.4 November 6, 2023 Table of Contents 1. SOW Overview 5 1.1. Statement of Work Terms 5 1.2. Engagement Model 5 2. Scope of Work 7 2.1. Phase I — Planning 7 2.1.1. Entrance Criteria 7 2.1.2. Activities 7 2.1.3. Customer Responsibilities 8 2.2. Phase II - Design 8 2.2.1. Entrance Criteria 8 2.2.2. Activities 8 2.3. Phase III - Pilot 9 2.3.1. Entrance Criteria 9 2.3.2. Activities 9 2.4. Knowledge Transfer 10 2.4.1. Customer Knowledge Transfer 10 2.5. Project Management Activity 10 2.5.1. Aruba Project Management Support Functions 10 2.5.2. Customer Project Management Support Functions 10 3. Change Management Process 11 4. Issue Resolution and Escalation Process 12 5. Responsibilities, Limitations, and Assumptions 13 5.1. Customer Responsibilities 13 5.2. Limitations and Assumptions 14 6. Pricing and Ordering 15 6.1. Price 15 6.2. Order Information 15 6.3. Addresses 16 7. Delivery Schedule 17 8. Signatures 18 Exhibit A — HPE Customer Terms —Professional Services 20 City Council 4 - fidert'ii—i,°'_e'Jt `G 24 --56 ' 11/21/2023 Statement of Work — City of Santa Ana — High Touch Services v1.4 November 6, 2023 1- Sow Overview This Statement of Work ("SOW') is effective as of the last date of signature ("Effective Date") between Hewlett Packard Enterprise Company (°HPE" or "Aruba") and City of Santa Ana ("Customer") and identifies the consulting services ("Services") Aruba will perform for the Customer. Customer has requested assistance from Aruba to upgrade its wireless network infrastructure by integrating a new Aruba -based wireless network with the existing mobility controller and network access control system. This project's primary purpose is to enhance wireless connectivity, security, and overall user experience for city employees, contractors, and guests, demonstrating the City's commitment to leveraging cutting -edge technology to support its operations. Through a series of carefully planned stages, the project team will assess the current network topology, review the High -Level Logical Design (HLD) provided by the City, and develop a comprehensive design and implementation plan. This plan will incorporate the coexistence of the new Aruba devices with the existing wireless deployment and ClearPass deployment. Key focus areas include defining functional requirements, developing configurations for ClearPass policies, Mobility Controllers, and switches, and determining installation parameters for Aruba devices. Upon finalizing the design and receiving approval from the City of Santa Ana, a limited deployment will be implemented, including the installation and configuration templates of Aruba access switches, wireless access points, and ClearPass policies. Local resources will provide onsite implementation services, ensuring seamless integration with the existing infrastructure. The successful completion of this project will result in the City of Santa Ana's resources to finalize a robust, secure, and reliable wireless network deployment throughout the city. The improved infrastructure will facilitate more efficient communication and collaboration among city departments, streamline the onboarding process for new devices, and offer a better user experience for both city employees and visitors. Ultimately, the new Aruba -based wireless network will position the City of Santa Ana as a forward -thinking, technologically advanced municipality, ready to embrace the opportunities and challenges of the digital age. 1.1. Statement of Work Terms This SOW is governed by Exhibit A, HPE Customer Terms — Professional Services ("Agreement"). 1.2. Engagement Model This is a Time and Materials (T&M)-based SOW and Aruba will endeavor to complete the objectives defined in this SOW within the allotted amount of labor defined in the SOW. However, in a T&M-based SOW, Aruba consultants will take task direction from the Customer. There are no deliverables and outcomes are not guaranteed. For services that are being delivered remotely, resources will be scheduled and accrued at a minimum of eight (8) hour increments. For services that are being delivered remotely, cancelations must be made City Council - 24 — 57 11/21/2023 Statement of Work - City of Santa Ana - High Touch Services v1,4 November 6, 2023 no less than one (1) business day in advance of the scheduled start time. Cancelations of less than one (1) business day will result in a charge of eight (8) hours per occurrence. If the objective of the SOW is not completed before the labor included in the SOW is consumed, the Customer will be required to purchase additional labor before any additional work is performed. Additional work will not be performed without written agreement by both parties. Customer is encouraged to purchase additional hours before the labor is fully consumed in order to avoid work stoppage which may result in delays. Aruba consultants) will perform the Services as follows, unless otherwise agreed upon in writing by both parties: • Services will be performed between the hours of 8:00 a.m. and 5:00 p.m. local time, Monday through Friday, ("Standard Workday"), according to the Delivery Location listed in Section 6.4 of this SOW, excluding U.S. national and locally observed holidays (HPE or Customer), and will not exceed 40 hours per resource per week, • Services will be delivered in contiguous business weeks and must be requested at least three (3) working weeks in advance. • Services may be performed onsite or remotely. • Work on weekends or after business hours are excluded from this engagement. Subject to consultant availability, weekends, holiday hours or hours outside the Standard Workday may be available at an additional charge through an approved change order. The project will be deemed accepted, approved, and will close ten (10) business days following the expiration of all UoS, or after all UOS included in the SOW have been exhausted, whichever comes first. City Council 24 — 58 11/21/2023 Statement of Work - City of Santa Ana - High Touch Services v1.4 Novembar 6. 2023 2, Scope of Work Aruba is committed to delivering a comprehensive solution for the City of Santa Ana, encompassing the installation and meticulous configuration of a cutting -edge, Aruba -centric wireless network. This advanced network is designed to integrate seamlessly with the existing mobility controller and network access control system, significantly enhancing the City's connectivity and fortifying its security profile. In pursuit of optimal outcomes, we will leverage local expertise for most of the project, except for the design and planning phases. These critical stages will be executed remotely by Aruba's team of seasoned professionals, ensuring access to the highest level of industry expertise. The project initiation involves a rigorous evaluation of the City's current infrastructure. This analysis will serve as the foundation for the creation of tailored design and configuration templates. These will be uniquely designed to align with the City's specific needs and requirements while considering the existing systems and future growth potential. This process will be collaborative, with Aruba working closely with the City's IT team to ensure alignment with their strategic objectives. Upon the City's approval of the design and configuration templates, we will proceed to the implementation phase. Our skilled local resources will undertake the installation and configuration of the new Aruba -based wireless network, with a keen focus on minimizing disruption to the City's daily operations. This project is a Time and Materials project for 15 days that could traverse multiple stages, including planning, design, installation, testing, and finalization. Each stage is designed to ensure meticulous execution, culminating in the delivery of a robust, secure, and efficient wireless network that not only meets the City's current needs but also provides a solid foundation for future technological advancements and scalability. The following represents what is planned, during the 15 days, time permitting: 2.1. Phase I --- Planning This phase is required to ensure all physical and logical aspects of the solution are discussed and documented. This will also allow each party to ensure their areas of responsibility are fulfilled prior to the installation. Aruba HTS will develop a Project plan, a requirements document, and a High -Level Design ("HLD") document that will encompass a plan for deploying Aruba wireless, ClearPass and Aruba switches into the existing infrastructure. 2.1.1. Entrance Criteria 2.1.1.1. Signed Statement of Work 2.1.1.2. Purchase order for services received and booked by HPE. 2.1.2. Activities Aruba will: City Council 24 — 59 11/21/2023 Statement of Work- City of Santa Ana - High Touch Services v1.4 November6, 2023 2.1.2.1. Develop a high-level project plan with all stakeholders to ensure timelines are understood by all parties. This plan is limited to defining major work efforts and a general timeline of how these efforts line up with each other. 2.1.2.2. Collaboratively develop a Requirements Document • Define functional requirements for o Aruba Controllers o APs/IAPs o Aruba switches o user Roles o I Addresses o Hostnames 2.1.2.3. Develop a High -Level Design (HLD) document. 2.1.2.4. Collaboratively work with all stakeholders to develop a training strategy. 2.1.3. Customer Responsibilities Customer will: 2.1.3.1, Provide an adequate work environment to allow Aruba consultants the ability to perform the activities identified above. 2.2. Phase II - Design 2.2.1. Entrance Criteria 2.2.1.1. Completed Requirements Document 2.2.1.2. Completed High -Level Design Document 2.2.2. Activities Aruba will: 2.2.2.1. Develop a Low -Level Design (LLD) document using the standard Aruba LLD template. City Council - - " J'J 24 - 60 11 /21 /2023 Statement of work — City of Santa Ana — High Touch Services v1.4 November 6, 2023 2.2.2.2. Develop, apply, and test configurations for the datacenter and site level equipment for each site type. • ClearPass policies • Mobility Controllers Switch configuration templates 2.2.2.3. Develop a design verification test plan and perform that test plan against the configured equipment to ensure the datacenter and site level equipment meet the requirements defined in the Requirements Document 2.2.2.4. Adjust the design document and equipment configurations to ensure the test plan meets or exceeds the success criteria. 2.22.5. Configure Airwave maps • Add three (3) new maps to existing Airwave. 2.3. Phase III - Pilot After the final design is approved, Aruba will provide local implementation services for up to five (5) business days, not exceeding thirty-two (32) business hours. This will involve deploying and configuring five (5) Aruba access switches, twenty (20) access points, and five (5) ClearPass policies as defined in the design meetings. The new network setup will coexist with the existing wireless deployment, allowing the City to migrate to the new setup over time. 2.3.1. Entrance Criteria 2.3.1.1. Completed Low Level Design Document 2.3.1.2. Completed Design Test Plan 2.12. Activities Aruba will: 2.3.2.1. Develop the deployment and installation guides that will define the processes and procedures used to place site level equipping into the production environment. 2.3.2.2. Develop a pilot verification test plan and perform that test plan against each site deployed as part of the pilot to ensure the datacenter and site level equipment meet the requirements defined in the Requirements Document. 2.32.3. Perform the pilot verification test plans for each site included in the pilot phase. 2.3.2.4. Collaboratively, with all stakeholders, develop a deployment and operational enablement strategy. City Council - 24 — 61 11/21/2023 Statement of Work — City of Santa Ana — High Touch Services v1.4 November 6, 2023 2.4. Knowledge Transfer 2.4.1. Customer Knowledge Transfer The following will happen As part of an effort to educate Customer on the deployed configuration, Aruba HTS will provide one (1), knowledge transfer workshop for up to four (4) hours. The workshop will be a single session and will take place while the Aruba HITS engineer is onsite. This workshop is geared towards the engineers that took part in the deployment and configuration process. Topics for the workshop will consist of: • General knowledge turnover/transfer • A review of the configuration • Answering configuration related questions The knowledge transfer workshop will NOT be: • Formal training with printed/bound materials • Held at multiple locations. • Geared toward individuals who have no working knowledge of the deployed Aruba systems/components. 2.5. Project Management Activity 2.5.1. Aruba Project Management Support Functions Aruba consultants will assist Customer's engineers and project managers in the following areas: 1. Managing consultant resources. 2. Establishing a resource request and approval process for Customer to request consultant resources. 3. Participate in scheduled project review meetings or conference calls, if required. 4. Reporting on accrued labor and activity against this SOW. 2.5.2. Customer Project Management Support Functions Customer will assign a project sponsor ("Customer's Project Representative") to assist with providing Customer resources and responses in a timely manner where necessary. To facilitate efficient T&M services delivery, the Customer's Project Representative will initiate contact with the Aruba engineer and Aruba Project Manager daily to collect status, assign tasking, and modify tasking as required. City Council 24 ' 62 11/21/2023 Statement of Work — City of Santa Ana — High Touch Services v1.4 November 6, 2023 3. Change Management Process The general change process will be implemented as illustrated in the following figure. Either HPE or Customer may initiate a change, in writing. The change will be evaluated, and any impact will be identified. The price, scope, and schedule impact (if any) will be analyzed and documented. The change impact will then be processed for Customer authorization or closure. A change must be in writing and will not be implemented until both parties mutually agree to the change and the appropriate modification to the project delivery has been fully executed. The change request form will include a description of the change, reason for the change, and initiator of the change; as well as impact to scope, price, quality, schedule, resources, and risks. Figure 1. Change Process Decision Matrix City Council 24 - 63 11/21/2023 Statement of Work — City of Santa Ana — High Touch Services v1.4 Moverrbei 6, 2023 4. Issue Resolution and Escalation Process HPE uses an issue resolution process to manage service issues between Customer and HPE. This process comprises an issue resolution form and issue escalation table that HPE and Customer mutually develop. The Customer or HPE requester submits an issue resolution form to log an issue and initiate the escalation process. The issue resolution process adheres to the escalation process that is outlined by the issue escalation table. This table defines the level 1, 2, and 3 escalation managers for HPE. For each management level, the issue and escalation process will follow the steps outlined below: 1. A Customer or HPE requester submits a completed issue resolution form for an issue to the Director of HTS Solutions Consulting. 2. Each level of manager: - Evaluates the issue - Communicates their issue disposition to the requester — Develops a plan to resolve the issue and upon mutual concurrence, implements the plan and closes the issue 3. If a manager level is unable to agree on a plan for resolving the issue within five (5) business days of receiving the issue resolution form or initially meeting to discuss the issue, then either of the level's Customer or HPE manager(s) may escalate the issue to the next manager level and request them to meet to evaluate the issue. The requester has the opportunity to acknowledge acceptance of the resolution. In the event that the level 2 manager(s) are unable to resolve an issue, either the Customer or HPE party may escalate the issue to the organizations' appropriate senior management. Issue Escalation Table Manaeer Level Descriotion Director HTS Engineering VP High Touch Services VP Aruba Global Senfices City Council HPE 24 - 64 11/21/2023 Statement of Work - City of Santa Ana - High Touch Services v1.4 November 6, 2023 5. Responsibilities, Limitations, and Assumptions 5.1. Customer Responsibilities 1. Provide necessary system access to the Aruba consultants, preferably via a Virtual Private Network ("VPN") connection to the Customer's network where the systems included in this SOW reside. 2. Assign a project sponsor ("Customer's Project Representative") for the duration of the delivery of Services. This person will have signature authority, the authority to assign and direct the activities of Customer resources and will be available to HPE personnel throughout the project. 3. Appoint an individual for this project who will serve as the primary representative ("Project Representative" or "Customer Project Manager") with the knowledge and expertise required to fulfill the obligations detailed in this SOW. a. The Customer's Project Representative will be available at all times or will designate an alternate with the same level of authority and project knowledge in the event of unavailability. b. The Project Representative will establish an internal communication plan for critical problems to ensure rapid resolution and clear communication on a peer -to -peer basis between HPE and Customer. 4. Obtain and deliver all third -party hardware, software, and consulting services required by HPE to fulfill HPE service delivery obligations under this agreement. Customer will be responsible for any third -party product and/or service charges. 5. Maintain a separate backup system or procedure that is not dependent on the products for the reconstruction of lost or altered Customer files, data, or programs. 6. Comply with the general obligations specified in this SOW in a timely manner. Customer acknowledges that HPE ability to deliver the Services is dependent upon Customer's full and timely cooperation with HPE, as well as the accuracy and completeness of any information and data Customer provides to HPE. 7. These Services are not intended to provide or replace underlying warranty and/or support services for the products in scope. Customer is responsible for ensuring the products are covered under active warranty and/or support coverage with HPE. 8. These Services do not include Foundation Care or related support services for the Aruba components currently deployed within the Customer's facilities. Customer is responsible for retaining the adequate level of support for the Aruba components, and HPE won't be responsible in any way for potential or actual network issues resulting of the lack of support services. 9. All prerequisites identified in this SOW must be completed before objectives provided. 10. Customer will have subject matter experts (SMEs) available for all non -Aruba network devices that are to be integrated with the in -scope Aruba components, if applicable. City Council "'-E C), 24 - 65 11/21/2023 Statement of Work — City of Santa Ana — High Touch Services 0.4 November 6, 2023 11. It is assumed that all of the network, system, and other infrastructure needed to implement this SOW, which are not being implemented as a part of this SOW, are in place and the sole responsibility of the Customer. 12. The Customer is responsible for physically installing all Aruba hardware (i.e. Mobility Conductor, Mobility Controller, AirWave, switches, ClearPass, access points) and connecting power (where applicable). 13. The Customer is responsible for reserving the proper amount of memory, processors and storage for all Aruba virtual instances being installed (where applicable). 5.2. Limitations and Assumptions 1. Any services not described in Section 2 are considered outside the scope of this SOW. 2. The work proposed in this SOW is not intended to shift ownership or operation of the Aruba infrastructure or software components from Customer to Aruba. It is expected that Customer maintains ownership of the design, its implementation, and operation of the result. In this SOW, Aruba is providing input to that design and its deployment based on its experience. 3. Services do not include repair of Aruba products which is available by purchasing Aruba support services. Customer must have active warranty and/or support coverage in place with HPE for the Aruba products in order to receive Services pursuant to this SOW. 4. Authorization to Install Software. During delivery of Services, HPE may be required to install copies of third -party or HPE Branded Software and be required to accept license terms accompanying such Software ("Shrink -Wrap Terms") on behalf of Customer. Shrink -Wrap Terms may be in electronic format, embedded in the Software, or contained within the Software documentation. Customer hereby acknowledges that it is Customer's responsibility to review Shrink -Wrap Terms at the time of installation, and hereby authorizes HPE to accept all Shrink -Wrap Terms on its behalf. 5. Documentation created for this Service will be available in electronic format using Microsoft Office. 6. HPE is not liable for the performance or non-performance of third -party vendors, their products, or their support services. 7. Handwritten or typewritten text (other than information specifically called for in the spaces provided) that purports to modify or supplement the printed text of this SOW shall have no effect and shall not add to or vary the terms of this SOW. City Council 24 - 66 11/21/2023 Statement of Work — City of Santa Ana -- High Touch Services v1.4 November 6, 2023 6. Pricing and Ordering 6.1. Price The Services will be procured using HPE-Consulting Units of Service (UoS). Each UoS represents a fixed value that can be exchanged for the Services and does not represent dollars or hours being purchased until applied against a SOW. HPE will perform the Services for the Customer in exchange for the quantity of UoS in this Section. HPE and Customer understand that the UoS may be purchased from an Authorized Reseller, and the dollar value for such UoS and payment terms will be determined solely between Customer and Authorized Reseller. The Services will be performed in exchange for Units of Service (UoS). UoS projects are non-refundable. Change Orders shall only be used to add additional labor hours, once this SOW is effective. For the purpose of this SOW, eight (8) hours of labor equals one (1) UoS. Customer is responsible for purchasing the SKU and quantity of UoS in section 6.2 from Authorized Reseller. HPE is under no obligation to provide the Services until Customer provides an acceptable Purchase Order (PO) to Authorized Reseller and HPE has confirmed the PO for the Services. The UoS (labor) in this SOW is valid for ninety (90) days from the date of delivery or all labor included in the SOW has been consumed, whichever comes first. The labor validity can be extended with a zero dollar change order at any time before the expiration of the 90 days from the date of delivery or before all labor included in the SOW has been consumed. Total price is set forth in the City of Santa Ana Purchase Order, dated 11/21/2023, attached hereto and incorporated herein as Exhibit B. All labor contemplated under said Purchase Order and this Agreement shall be performed by Vector Resources, Inc. dba Vector USA ("Vector"). In the event Vector is unable or fails to perform the labor contemplated under this Agreement, HPE Aruba will perform the labor, or the parties shall work cooperatively to select an alternative VAR by mutual agreement. 6.2. Order Information Table 1. Order Information City Council 24 - 67 11/21/2023 Statement of Work — City of Santa Ana — High Touch Services v1.4 November 6, 2023 HR1 W8A1 Aruba 1 Qtr UoS QuickStart 15 Consulting SVC 6.3. Addresses HPE will deliver the Services outlined in the SOW at the desired Customer location or remotely, as necessary. Sold To City of Santa Ana Information Technology Department Attn: Mike Fetner, Melanie Torres Invoice Address 20 Civic Center Plaza M-42 Santa Ana, CA 92704 Delivery Location 20 Civic Center Plaza M-42 Santa Ana, CA 92704 For Delivery instructions: Please contact: 714-647-5100 City Council - 24 - 68 11/21/2023 Statement of Work — City of Santa Ana — High Touch Services v1.4 November 5, 2023 7. Delivery Schedule Services are provided for 90 days, anticipated to begin November 2023 continue until February 2024 ("SOW Term"). These dates may be adjusted based on the delivery of an acceptable Purchase Order and the availability of resources to support the activity defined within this SOW. Any delay in receipt of the necessary purchasing documents may affect the engagement start, completion date, and duration. City Council - "' Tit 'a'—' r;" ' "' "24 - 69 11/21/2023 Statement of Work — City of Santa Ana — High Touch Services v1.4 November G, 2023 S. Signatures The following signature indicates Customer's acceptance of this SOW. In addition to Customer's execution of this SOW, as a condition to HPE's obligation to provide the Services, Customer must have purchased quantity of SKU from an Authorized Reseller and Authorized Reseller has notified HPE that Customer has purchased the Services. Customer represents that their execution of this SOW is a binding commitment to purchase the Services. Attest Authorized Signature: Print Name: Title: Date: City of Santa Ana Authorized Signature: Print Name: Title: Date: Hewlett Packard Enterprise Company Authorized Signature: Print Name: Title: Date: City Council 24 --70 11/21/2023 Statement of Work - City of Santa Ana - High Touch Services v1.4 November G, 2023 Approved as to Form Authorized Signa e: Jonathan T. Martinez Print Name: Assistant City Attorney Title: 11 /6/2023 Date: Recommended for Approval ,:q 414 A rck rized Signature: J Ciulla Print Name: Chief Technology Innovations Officer Title: 1110.2a as Date: City Council �'PE a1'fidP11ta1—SUbjee1.0USeressrl22P 171h 11/21/2023 Statement of Work — City of Santa Ana — High Touch Services v1.4 November6, 2023 Exhibit A - HPE Customer Terms - Professional Services HPE CUSTOMER TERMS — PROFESSIONAL SERVICES 1. Parties. This agreement (Agreement) governs products and services purchased by Order from Hewlett Packard Enterprise or its affiliates (HPE) by the customer (Customer). 2. Orders. Order means the accepted order, including material the parties incorporate by attachment or reference (Supporting Material). Supporting Material, made available in print or on a designated website, may include product lists, specifications, service descriptions, data sheets, additional license authorizations (ALAs), data protection and security agreements (DPSAs), statements of work (SOWS), warranties, and service leve agreements (SLAs). 3. Order Placement. The parties confirm their agreement to these terms by signature or by reference on an Order. These terms may be used on a global basis as a framework agreement for multiple Orders by the parties' Affiliates, meaning any entity controlled by, controlling, or under common control with a party. Affiliates participate by placing orders which specify delivery in the same country as the HPE Affiliate accepting the order, referencing these terms, and specifying any terms necessary to reflect local law or practice. 4. Order Arrangements. Where appropriate, an Order must specify a delivery date and location. There may be additional charges if Customer extends the delivery date of an Order beyond 90 days. Customer may cancel an Order at no charge before production begins, before an item is shipped, or before services begin, whichever occurs first. 5. Prices and Taxes. Prices will be contained in written quotes, published on HPE's website or a customer -specific portal, or in HPE's published list price. Unless otherwise quoted, prices are exclusive of taxes, duties, and fees (including installation, shipping, and handling). If a withholding tax is required by law, please contact the HPE order representative to discuss appropriate procedures.6. Professional and Support Services. HPE will deliver any ordered consulting, training, standard support or other services as described in the applicable Supporting Material. Supporting Material will provide the description of HPE's offering, eligibility requirements, service limitations, Customer responsibilities, and the systems supported. 7. Acceptance. The acceptance process (if any) will be described in the applicable Supporting Material, will apply only to the deliverables specified, and does not apply to other products or services provided by HPE. 8. Dependencies. HPE's ability to deliver products and services depends on Customer's reasonable and timely cooperation and the accuracy and completeness of any information from Customer needed to deliver the products and services. 9. Change Orders. Each party will appoint a project representative to serve as the contact for delivery and for any issues. Requests to change the scope of the products or services will require a written change order approved by both parties. 10. Services Performance. Services are performed using generally recognized commercia practices, and standards in Supporting Materials. Customer will provide prompt notice of any service concerns and HPE will re -perform any service that fails to meet this standard. 11. Services with Deliverables. If Supporting Material defines specific deliverables, HPE warrants those deliverables will materially conform to their written specifications for 30 days following delivery. If Customer notifies HPE of a non -conformity during the 30 day City Council - y'jf, F" £' " `' -' `'' 24 — 72 11 /21 /2023 Statement of Work — City of Santa Ana — High Touch Services v1.4 November 6, 2023 period, HPE will promptly remedy the impacted deliverables or refund the fees paid for those deliverables upon return of those deliverables to HPE. 12. Intellectual Property Rights. There is no transfer of ownership of any intellectual property under this Agreement. Customer grants HPE a worldwide, non-exclusive, royalty -free license to any intellectual property that is necessary for HPE and its designees to perform the ordered services. If deliverables are created by HPE specifically for Customer and identified as such in Supporting Material, HPE grants Customer a worldwide, non-exclusive, royalty -free license to reproduce and use copies of the deliverables internally. 13. Intellectual Property Rights Infringement. HPE will indemnify Customer for any claims against Customer that allege that an HPE-branded product, software, or service supplied under this Agreement infringes the intellectual property rights of a third party. HPE will rely on Customer's prompt notification of the claim and cooperation with its defense. HPE may modify the product or software or service to be non -infringing and materially equivalent, or HPE may procure a license. If these options are not commercially viable, HPE will refund to Customer the amount paid for the affected product or software in the first year or the depreciated value thereafter or, for support services, the balance of any pre -paid amount or, for professional services, the amount paid. HPE is not responsible for claims resulting from any unauthorized use of the product or software or service or for claims resulting from deliverables content or design provided by Customer. 14. Confidentiality. Information exchanged under this Agreement will be treated as confidential if identified as such at disclosure or if the circumstances of disclosure would reasonably indicate such treatment. Confidential information may only be used for the purpose of fulfilling obligations or exercising rights under this Agreement, and shared with employees, affiliates, agents, or contractors with a need to know such information to support that purpose. Confidential information will be protected using a reasonable degree of care to prevent unauthorized use or disclosure for 3 years from the date of receipt or (if longer) for such period as the information remains confidential. These obligations do not cover information that: i) was known or becomes known to the receiving party without obligation of confidentiality; 4) is independently developed by the receiving party; or iii) where disclosure is required by law or a governmental agency. 15. Personal Information. Where legitimate business purposes require HPE to collect and process personally identifiable business contact information relating to Customer's employees or other individuals representing Customer, HPE, as a data controller, will process such personally identifiable information using i) appropriate technical and organizational measures; ii) in compliance with its Privacy Statement (https://www.hpe.com/us/en/legal/privacy.htmi); and iii) applicable laws. Where HPE discloses personally identifiable information relating to its employees or other individuals representing HPE to Customer or where such persons provide their personally identifiable information directly to Customer, Customer will process such personally identifiable information using appropriate technical and organizational measures in compliance with Customer's privacy policies and applicable laws. Where HPE agrees to process personally identifiable information on behalf of Customer, HPE, as a data processor, will process such data only as permitted under this Agreement, including Supporting Materials, and in compliance with applicable laws. In the event international data transfers trigger the requirements for a data transfer mechanism, HPE will use its BCR-P or utilize the data transfer mechanism described in the applicable Supporting Materials. 16. Global Trade compliance. Products, software, or custom deliverables are for Customer's internal use and not for commercialization unless otherwise stated in Supporting Material. If Customer exports, imports or otherwise transfers products, software, or custom deliverables, Customer is responsible for complying with applicable City Council _ - 24 = 73 11/21/2023 Statement of Work — City of Santa Ana — High Touch Services v1.4 November G, 2023 laws and for obtaining any required export or import authorizations. Either party may suspend its performance as required by applicable trade laws. 17. Limitation of Liability. HPE's liability to Customer under this Agreement is limited to the greater of $1,000,000 or the amount payable (for the past 12 months if recurring) by Customer to HPE for the relevant Order. Neither Customer nor HPE will be liable for lost revenues or profits, downtime costs, loss or damage to data or indirect, special or consequential costs or damages. This provision does not limit either party's liability for: unauthorized use of intellectual property, death or bodily injury caused by their negligence; damage to tangible personal property; breaches of confidentiality under Section 30 (not including personally identifiable information); acts of fraud; willful repudiation of the Agreement; nor any liability which may not be excluded or limited by applicable law. 18. Disputes. If Customer is dissatisfied with any product or software or service purchased under this Agreement and disagrees with HPE's proposed resolution, both parties agree to promptly escalate the issue to a senior executive in each party's respective organization for an amicable resolution without prejudice to the right to later seek a legal remedy. 19. Force Majeure. Neither party will be liable for performance delays nor for non- performance due to causes beyond its reasonable control, except for payment obligations. 20. Termination. Either party may terminate this Agreement on written notice if either party materially breaches the Agreement and fails to remedy the breach within a reasonable period after receiving reasonably detailed written notice. If either party becomes insolvent, unable to pay debts when due, files for or is subject to bankruptcy or receivership or asset assignment, the other party may terminate this Agreement and cancel any unfulfilled obligations. Any terms in the Agreement which by their nature extend beyond termination or expiration of the Agreement will remain in effect until fulfilled and will apply to both parties' respective successors and permitted assigns. 21. General. This Agreement represents the entire understanding with respect to its subject matter and supersedes any previous communication or agreements that may exist. Modifications to the Agreement will be made only through a mutually agreed written amendment. The Agreement is governed by the laws of the country of HPE or the HPE Affiliate accepting the Order and the courts of that locale have jurisdiction. However, HPE or its Affiliate may bring suit for payment in the country where the Customer Affiliate that placed the Order is located. Customer and HPE agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply. Claims arising in the United States are governed by the laws of the state of Delaware or where Customer's U.S. business is headquartered, excluding rules as to choice and conflict of law. City Council 24 — 74 11/21/2023 Police Department www.santa-ana.org/pol ice Item # 25 ram`' City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Selective Traffic Enforcement Program Grant Funds AGENDA TITLE Appropriation Adjustment and Agreement Accepting $640,000 from the State Office of Traffic Safety for Selective Traffic Enforcement Program (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with the State of California - Office of Traffic Safety for the Selective Traffic Enforcement Program, for a one-year period beginning October 1, 2023 through September 30, 2024, in an amount not to exceed $640,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 2. Approve an appropriation adjustment accepting $640,000 in the Office of Traffic Safety, Federal Grant -Indirect revenue account and appropriate same to the Selective Traffic Enforcement Program expenditure accounts. (Requires five affirmative votes). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION The Santa Ana Police Department has been awarded $640,000 in grant funding from the State of California, Office of Traffic Safety (OTS) under the Selective Traffic Enforcement Program (STEP). This one-year agreement covers the program period from October 1, 2023 through September 30, 2024. The goal of OTS STEP is to reduce the number of fatalities and injuries in crashes involving alcohol, drug, speed, red-light violations, distracted driving, and other primary collision factors. To accomplish these goals, the program will fund both education and enforcement activities. The enforcement activities will follow proven "best practice" strategies and will be conducted on an overtime basis. The funded strategies will include Driving Under the Influence (DUI) checkpoints, DUI saturation patrols, as well as DUI enforcement operations in collaboration with neighboring cities to apprehend impaired drivers. The City Council 25 — 1 11/21/2023 Selective Traffic Enforcement Program Grant Funds November 21, 2023 Page 2 program will also concentrate on bicycle/pedestrian safety, speed violations, aggressive driving, and seat belt enforcement. The educational portion of the grant will include funding for Police Department staff to facilitate multi -media presentations at local schools in partnership with the Santa Ana Unified School District as well as at the Garden Grove Unified School District schools within the west side of the City. Promotional and educational materials will be made available to support ongoing outreach programs already in place. This grant also includes funding to purchase bicycle helmets for distribution to community members during outreach and education events. FISCAL IMPACT Approval of the appropriation adjustment will recognize $640,000 in the Office of Traffic Safety -Federal Grant -Indirect revenue account (no. 16514002-52001) and appropriate same in the Selective Traffic Enforcement Program expenditure account (nos. 16514414-various) for projected expenditures as follows: Fiscal Accounting Unit Fund Description Accounting Unit, Amount Year - Account No. Account Description FY 23-24 16514414- Office of Traffic Selective TrafficEnforcement, $480,000 (Nov. -June) Various Safety Grant Various FY 24-25 16514414- Office of Traffic Selective TrafficEnforcement, $160,000 (July -Sept.) Various Safety Grant Various Total $640,000 The amounts shown in each fiscal year are estimates only. Any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carryovers to FY 2024-25. EXHIBIT(S) 1. Grant Agreement with Office of Traffic Safety Submitted By: Robert Rodriguez, Acting Police Chief Approved By: Steven A. Mendoza, Acting City Manager City Council 25 — 2 11/21/2023 State of California — Office of Traffic Safety GRANT AGREEMENT Exhibit 1 GRANT NUMBER PT24184 1. GRANT TITLE Selective Traffic Enforcement Program (STEP) 2. NAME OF AGENCY 3. Grant Period Santa Ana From: 10/01 /2023 To: 09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT Santa Ana Police Department 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $640,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A — Problem Statement, Goals and Objectives and Method of Procedure • Schedule B — Detailed Budget Estimate and Sub -Budget Estimate (if applicable) • Schedule B-1 — Budget Narrative and Sub -Budget Narrative (if applicable) • Exhibit A — Certifications and Assurances • Exhibit B* — OTS Grant Program Manual • Exhibit C — Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. Approval Signatures A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL NAME: Joseph Marty ADDRESS: Steven Mendoza TITLE: Commander Acting City Manager EMAIL: jmarty@santa-ana.org SMendoza@santa-ana.org PHONE: (714) 245-8210 (714) 647-5200 ADDRESS: 60 Civic Center Plaza 60 Civic Center Plaza PO PO Box 1981 Box 1981 Santa Ana, CA 92702 Santa Ana, CA 92702 ccu�m (See Attached SigrQM&943age) (Signature) (Date) (Signature) (Date) C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Alexander Trinidad ADDRESS: Barbara Rooney Assistant Dir of Finance and Management Svcs (MM) Director atrinidad@santa-ana.org barbara.rooney@ots.ca.gov (714) 647-5295 (916) 509-3030 20 Civic Center Plaza 2208 Kausen Drive, Suite 300 PO Box 1981 Elk Grove, CA 95758 Santa Ana, CA 92702 Oct 9, 2023 (Signature) (Date) (Signature) (Date) 9/27/2023 9.99y3T AM Cil 25 — 3 11 /21 /2page 1 of 21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By. TA Senior Assistant City Attorney CITY OF SANTA ANA Acting City Manager STEVEN A. MENDOZA RECOMMENDED FOR APPROVAL: ROBERT RODRIGUEZ Acting Chief of Police 9/27/2023 9.94A � aV I ag 25 — 4 11 /21 /2� age2of21 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #: KZE9G2M4GRX9 ADDRESS: 2208 KauSen Drive, Suite 300 REGISTERED Elk Grove, CA 95758 ADDRESS: 20 Civic Center PLZ FL 8 CITY: Santa Ana ZIP+4: 92701-4058 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 164AL-24.1 20.608 0521-0890-101 2022 43/22 BA/22 $151,300.00 402PT-24.1 20.600 0521-0890-101 2022 43/22 BA/22 $66,300.00 164AL-24 20.608 0521-0890-101 2023 12/23 BA/23 $293,700.00 402PT-24 20.600 0521-0890-101 2023 12/23 BA/23 $128,700.00 AGREEMENT $640,000.00 TOTAL AMOUNT ENCUMBERED BY $640,000.00 THIS DOCUMENT I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and PRIOR AMOUNT ENCUMBERED FOR THIS purpose of the expenditure stated above. AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $640,000.00 9/27/2023 9.99y3- R afCil ag 25 — 5 11 /21 /2� age3of21 State of California — Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT24184 Schedule A 1. PROBLEM STATEMENT The City of Santa Ana is a diverse and dynamic city. It is the County Seat and metropolitan hub within Orange County, drawing hundreds of persons in the city on a daily basis. With landmarks like Bower's Museum, Orange County School of the Arts (OCSA), California State University, Fullerton (CSUF) Grant Central Art Center, it is a popular destination for art aficionados and students. The Downtown Santa Ana Historic District has become a popular destination on weekend nights. New restaurants and bars continue to open their doors to welcome patrons. This influx of patrons has greatly increased the number of drivers in the downtown area during evening hours, many of whom have been consuming alcoholic beverages. The City of Santa Ana is home to an estimated 322,725 residents. Within the City of Santa Ana, there are approximately 477 miles of local, arterial, and collector roadways. The City employs approximately 354 sworn Police Officers, fielded in either Patrol, Investigations, or Traffic assignments. The Santa Ana Police Department has 21 sworn Police Officers assigned to the Traffic Division. These numbers include (1) Commander, (2) Sergeants, (3) Corporals, and (15) Police Officers, (3) sworn Police Officers as Crash Investigators and are fielded for the purpose of OTS traffic enforcement as needed and to conduct other special duties. There are (18) Motor Officers assigned to the Traffic Division who are tasked with daily traffic enforcement and crash investigations. In 2020 there were 23 fatal traffic crashes. In 2021 there were 23 fatal traffic crashes respectively. In 2022 there were 18 fatal traffic crashes. Many of these fatal traffic crashes have been the result of alcohol and/or drug -related vehicle crashes and pedestrian crashes. Injury crashes have increased from 1170 in 2020 to 1350 in 2021, a trend the department hopes ceases with continued funding for enforcement efforts. Nearly one-half of all injury traffic crashes were caused by three primary factors (PCF's); unsafe speed, automobile right-of-way violations, and traffic signals & signs violations. Our city has committed itself to traffic safety. In the most recently published five-year strategic plan, traffic - safety was outlined to be a top priority, specifically as it relates to education and enforcement. In response, the Traffic Division has dedicated itself to participating in education programs, targeting all children and adults alike. The Traffic Division has hired personnel to focus on these efforts specifically. Through our work in education, both grant -funded and internally funded measures, we hope to prevent the tragic consequences of unsafe drivers, pedestrians, and impaired drivers. The educational efforts, in conjunction with ardent enforcement activities, will have a positive effect on our community and make the City of Santa Ana safer for everyone. As part of other traffic safety measures, the City of Santa Ana will focus efforts on bicycle safety intended to reduce the number of bicyclists injured or killed in traffic crashes. Bicycle safety measures taken by providing bicycle helmets and informational events for the community will reduce bike crashes and other bicycle related injuries. During 2022, we had 4 bicyclists involved in a fatal traffic crash and had a total of 116 bicyclists injured in traffic crashes. In FY2024, we hope to reduce bicycle safety threats in the city and to accomplish this we aim to do the following: • Issue and properly fit helmets, distribute reflective arms bands as available and lights to reduce the number of bicyclists riding in our community without properly fit equipment while increasing their visibility among drivers. • The ways we distribute the equipment may include: • At bicycle safety events generally held at Teen Centers, schools, city parks, apartment complexes, mobile home parks, PD/substation, or Community Centers. • At the Santa Ana Police Department booth at City-wide special events (e.g., National Night Out). All of our major events have free bike parking. This is another area where staff will connect with folks who may arrive without the proper safety equipment. • In cooperation with our School Resource Officers and/or Probation Officer through individual contacts as a result of another incident. 9/27/2023 9��y3R cil 25 — 6 11/21/2�age 4 of 21 • Education and outreach efforts have been made at apartment complexes, mobile home parks, Santa Ana Unified School District Schools and Charter Schools. In addition, we coordinate and partner with agencies to provide events such as Bike to School, Walk to School, National Night Out, and various City and Police events. During these events we provide bike lights and /or mobile reflective safety devices and bicycle helmet safety literature and distribute helmets. Bicycle safety efforts have yielded the following so far, and we plan to continue these efforts: • Schools Attended: 63 / Community Contacts: 11,142 • City -Wide Events: 59 / Community Contacts: 18,039 • Bike Rodeos: 4 • Helmets Distributed: 244 • Wristbands Distributed: 700 • Bike Lights Distributed: 700 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes. 4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of bicyclists killed in traffic crashes. 6. Reduce the number of bicyclists injured in traffic crashes. 7. Reduce the number of persons killed in alcohol -involved crashes. 8. Reduce the number of persons injured in alcohol -involved crashes. 9. Reduce the number of persons killed in drug -involved crashes. 10. Reduce the number of persons injured in drug -involved crashes. 11. Reduce the number of persons killed in alcohol/drug combo -involved crashes. 12. Reduce the number of persons injured in alcohol/drug combo -involved crashes. 13. Reduce the number of motorcyclists killed in traffic crashes. 14. Reduce the number of motorcyclists injured in traffic crashes. 15. Reduce hit & run fatal crashes. 16. Reduce hit & run injury crashes. 17. Reduce nighttime (2100 - 0259 hours) fatal crashes. 18. Reduce nighttime (2100 - 0259 hours) injury crashes. B. Objectives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The 1 kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2. Distribute and properly fit bicycle helmets at no cost to community members in 125 need, at bicycle rodeos, schools, workshops, and community events. 3. Purchase bicycle helmets. 125 4. Participate and report data (as required) in the following campaigns; Quarter 1: 10 National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 5. Develop (by December 31) and/or maintain a "DUI BOLO" program to notify patrol 12 and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 6. Send law enforcement personnel to the NHTSA Standardized Field Sobriety 4 Testing SFST minimum 16 hours POST -certified training. 7. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired 2 Driving Enforcement (ARIDE) 16 hour POST -certified training. 9/27/2023 9��y3R cil 25 — 7 11/21/2�age 5 of 21 8. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2 9. Send law enforcement personnel to the DIRE Recertification training. 2 10. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted 10 during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre -approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained. 11. Conduct DUI Saturation Patrol operation(s). 61 12. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to 4 appear in court. 13. Conduct Traffic Enforcement operation(s), including but not limited to, primary 63 crash factor violations. 14. Conduct highly publicized Distracted Driving enforcement operation(s) targeting 8 drivers using hand held cell phones and textin . 15. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or 2 during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 16. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in 14 areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 17. Conduct Traffic Safety educational presentation(s) with an effort to reach 8 community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 18. Conduct Know Your Limit campaigns with an effort to reach members of the 3 community. 19. Participate in highly visible collaborative DUI Enforcement operations. 5 20. Participate in highly visible collaborative Traffic Enforcement operations. 4 21. Send law enforcement personnel to DUI Checkpoint Planning and Management 1 training. 22. Conduct specialized enforcement operations focusing specifically on street racing 9 and sideshow activities. 3. METHOD OF PROCEDURE A. Phase 1 — Program Preparation 01t Quarter of Grant Year) • The department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted in the first quarter. • All grant related purchases needed to implement the program should be made in the first quarter. • In order to develop/maintain the "DUI BOLOs," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations. Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTR Pin 9/27/2023 9.VP3RAM Cil 2b — 8 11/21/2V2age 6 of 21 B. Phase 2 — Program Operations (Throughout Grant Year) • The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements The following requirements are for all grant -related activities: • Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant -related activities to the OTS PIO at pio@ots.ca.gov for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator. • Pre -approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public. • If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time -sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant -related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.). • Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with "INTERNAL ONLY: DO NOT RELEASE" message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date. • Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant -related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval. • Submit a draft or rough -cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant -funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, 9/27/2023 9. y3T AM cil 25 — 9 11 /21 /2page 7 of 21 • Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant -related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant - related event or program. Media and program highlights are to be reflected in QPRs. • Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. • Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted. C. Phase 3 — Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30) • Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant -funded items, and significant media activities. Include status of grant -funded personnel, status of contracts, challenges, or special accomplishments. • Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. • Collect, analyze and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 9/27/2023 9. y3T AM cil 25 — 10 11 /21 /2page 8 of 21 State of California — Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT24184 Schedule B FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL AMOUNT 164AL-24 20.608 Minimum Penalties for Repeat Offenders for Driving While Intoxicated $445,000.00 402PT-24 20.600 State and Community Highway Safety $195,000.00 COST CATEGORY FUND NUMBER UNIT COST OR RATE UNITS TOTAL COST TO GRANT A. PERSONNEL COSTS Straight Time $0.00 Overtime DUI/DL Checkpoints 164AL-24 $12,500.00 10 $125,000.00 DUI Saturation Patrols 164AL-24 $4,845.00 61 $295,545.00 Warrant Service Operations 164AL-24 $2,300.00 4 $9,200.00 Collaborative DUI Enforcement 164AL-24 $1,350.00 5 $6,750.00 Know Your Limit 164AL-24 $1,550.00 3 $4,650.00 Traffic Enforcement 402PT-24 $1,545.00 63 $97,335.00 Distracted Driving 402PT-24 $1,700.00 8 $13,600.00 Motorcycle Safety 402PT-24 $1,700.00 2 $3,400.00 Pedestrian and Bicycle Enforcement 402PT-24 $1,905.00 14 $26,670.00 Street Racing and Sideshow Enforcement Operations 402PT-24 $3,710.00 9 $33,390.00 Collaborative Traffic Enforcement 402PT-24 $1,445.00 4 $5,780.00 Traffic Safety Education 402PT-24 $800.00 8 $6,400.00 Category Sub -Total $627,720.00 B. TRAVEL EXPENSES In State Travel 402PT-24 $4,950.00 1 $4,950.00 $0.00 Category Sub -Total $4,950.00 C. CONTRACTUAL SERVICES $0.00 Category Sub -Total $0.00 D. EQUIPMENT $0.00 Category Sub -Total $0.00 E. OTHER DIRECT COSTS DUI Checkpoint Supplies 164AL-24 $3,855.00 1 $3,855.00 Pedestrian/Bicycle Safety Items 402PT-24 $1,600.00 1 $1,600.00 Bicycle Helmets 402PT-24 $15.00 125 $1,875.00 Category Sub -Total $7,330.00 F. INDIRECT COSTS $0.00 Category Sub -Total $0.00 GRANT TOTAL $640,000.00 9/27/2023 9-.123!rAM — ����age 9 of 21 9/27/2023 9.9P3CAM cil 25 — 12 11/21/2P23 age 10 of 21 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER PT24184 BUDGET NARRATIVE PERSONNEL COSTS DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Warrant Service Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum and the California Traffic Safety Summit. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES EQUIPMENT OTHER DIRECT COSTS DUI Checkpoint Supplies - On -scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti -fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping). Pedestrian/Bicycle Safety Items - Cost may include reflective arm and leg bands, tape, zipper pulls, bicycle headlights/taillights, and reflectors to be distributed at no cost during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility. Additional items may be purchased if approved by OTS. 9/27/2023 9.99y3�AM cil 25 — 13 11/21/2�age 11 of 21 Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of $15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS. INDIRECT COSTS STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. Nothing in this "agreement' shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under. 9/27/2023 9��y3CAM cil 25 — 14 11/21/2P23 age 12 of 21 State of California — Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMBER PT24184 Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: GENERAL REQUIREMENTS The State will comply with applicable statutes and regulations, including but not limited to: • 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; • 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. NONDISCRIMINATION (applies to all subrecipients as well as States) The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment ofpersons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally -funded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166 Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP)); • Executive Order 13985. Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and • Executive Order 13988. Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation). The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. GENERAL A 9/27/2023 9'3 fil 25 — 15 11/21/2Rage 13 of 21 In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA. " The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional -wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. SPECIFIC ASSURANCES More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program: 1. The Recipient agrees that each "activity," "facility," or "program," as defined in § 21.23(b) and (e) of 49 CFR part 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.0 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. " 3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT Order 1050.2A) in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub -recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub -grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review 9/27/2023 9:2Lty3T 25 — 16 11 /21 /2 �fcil �age 14 of 21 upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal -aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub -grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) The Subgrantee will provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug -free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug -free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); C. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted- 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug -free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY (HATCH ACT) (applies to all subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to all subrecipients as well as States) CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all sHan cQxti4, aid disGJQSQ aGcgrdiasly 25 — 17 11 /21 /2 9/27/2023 9:2Lty3���' ' �age 15 of 21 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. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to all subrecipients as well as States) INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https: //www.sam.gov�. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS — PRIMARY T 9: 25-18 11/21/2RagCCL9/27/2023T&Cii e 16 of 21 1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https:llwww.sam.govl). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION — LOWER TIER COVERED TRANSACTIONS The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered tran qr I e era department or agency. 25 — 19 11 /21 /2023 9/27/2023 9: �yy�3 age 17 of 21 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. CERTIFICATION ON CONFLICT OF INTEREST (applies to subrecipients as well as States) GENERAL REQUIREMENTS No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. DISCLOSURE REQUIREMENTS No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. 9/27/2023 9:99y3�AM Cil 25 — 20 11/21/2Rage 18 of 21 POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company -owned, rented, or personally -owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public -private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company - owned or rented vehicles, Government -owned, leased or rented vehicles, or privately -owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 9/27/2023 92*y3CAM cil 25 — 21 11/21/2�23 age 19 of 21 State of California — Office of Traffic Safety GRANT NUMBER OTS-55 Grant Electronic Management System (GEMS) Access PT24184 Exhibit C INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS 1. Each agency is allowed a total of FIVE (5) GEMS Users. 2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (APRs) and reimbursement claims. 3. Complete the form if adding, removing or editing a GEMS user(s). 4. The Grant Director must sign this form and return it with the Grant Agreement. GRANT DETAILS Grant Number: PT24184 Agency Name: Santa Ana Police Department Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $640,000.00 Authorizing Official: Kristine Ridge Fiscal Official: Alexander Trinidad Grant Director: Joseph Marty CURRENT GEMS USER(S) 1. Kanan Blake Title: Sergeant Media Contact: No Phone: (714) 245-8200 Email: kblake@santa-ana.org 2. Leo Martinez Title: Management Analyst Media Contact: No Phone: (714) 245-8405 Email: Imartinez5@santa-ana.org 3. Damian Moreno Title: Police Officer Media Contact: No Phone: (714) 245-8200 Email: dmoreno2@santa-ana.org 4. Richard Shin Title: Sergeant Media Contact: Yes Phone: (714) 245-8294 Email: rshin@santa-ana.org 9/27/2023 9:99ty3RAM cil 25 - 22 11/21/2Rage 20 of 21 Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1 Add as a media contact? Yes ❑ No© Add/Change © Remove Access ❑ Catlin, Kelvin Name Job Title kcatlin@santa-ana.org Police Officer Email address Phone number GEMS User 2 Add as a media contact? Yes ❑ No Add/Change © Remove Access ❑ Tran, Tram Name Job Title ttranl0@santa-ana.org Senior Officer Assistant Email address Phone number GEMS User 3 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 4 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number GEMS User 5 Add as a media contact? Yes ❑ No ❑ Add/Change ❑ Remove Access ❑ Name Job Title Email address Phone number Form completed by: Pic��dfn �ot.zo_„4,os� , Date: Oct 9, 2023 As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. 44 cz. FM ty(O,t 9, J02314.11 PD1J Joseph Marty Signature Name Oct 9, 2023 Grant Director Date Title 9/27/2023 9.94A � Cil 25 — 23 11 /21 /2�age 21 of 21 Police Department www.santa-ana.org/pol ice Item # 26 ram`' City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: FY 2023 Edward Byrne Memorial Justice Assistance Grant AGENDA TITLE Approve Memorandum of Understanding and Appropriation Adjustment Accepting the FY 2023 Edward Byrne Memorial Justice Assistance Grant (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding with the County of Orange, Sheriff's Department accepting the 2023 Edward Byrne Memorial Justice Assistance Grant in the amount of $110,336, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $110,336 in the Law Enforcement Grants revenue account and appropriate same to the Byrne Justice Assistance expenditure accounts. (Requires five affirmative votes.) GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Edward Byrne Memorial Justice Assistance Grant (JAG) program provides federal criminal justice funding to state and local jurisdictions, and it is administered by the U.S. Department of Justice, Bureau of Justice Assistance (BJA). Since 2005 BJA has funded over 24,000 JAG awards totaling over $7.6 billion. JAG awards are based on a statutory formula that equally weighs the City's share of violent crime and population according to statistics from the Bureau of Justice Statistics (BJS). BJA requires the County to function as the applicant/fiscal agent to apply for, receive, and administer the funds on behalf of all cities. The Santa Ana Police Department recently applied for and has been awarded a grant in the amount of $110,336 for the FY 2023 JAG program. The County accepted the 2023 JAG award on October 17, 2023, covering the performance period of October 1, 2022 through September 30, 2026. The Police Department will use JAG funding to support City Council 26 — 1 11/21/2023 FY 2023 Edward Byrne Memorial Justice Assistance Grant November 21, 2023 Page 2 two projects in support of the Department's commitment to the Community Oriented Policing philosophy to address public safety issues. The first project will focus on targeted crime suppression activities. This project aims to improve and enhance the community's safety with outreach and proactive enforcement efforts to address violent crime and quality of life issues in specific targeted areas throughout the City on an overtime basis. 2. The second project will emphasize building community engagement through youth programming. This project will provide funds for the Santa Ana Police Athletic & Activity League (SAPAAL) program, providing additional resources for activities that enhance the bond between kids and cops. These activities may include local field trips to recreational locations, softball, and baseball teams, additional tutoring services, etc. FISCAL IMPACT Approval of the appropriation adjustment will recognize $110,336 in Law Enforcement Grants account (no. 12814002-various), and appropriate same to the Byrne Justice Assistance expenditure accounts for expenditure in future fiscal years as follows: Fiscal Accounting Unit Accounting Unit — Year — Account No. Fund Description Account No. Amount Description 12814409- Law Enforcement Byrne Justice FY 23-24 61040 Grants Assistance, $ 10,000 Salaries Overtime FY 24-25 12814409- Law Enforcement Byrne Justice $ 85,336 various Grants Assistance, Various FY 25-26 12814409- Law Enforcement Byrne Justice $ 15,000 various Grants Assistance, Various Total $ 110,336 Any remaining balances not expended at the end of each fiscal year will be presented to the City Council for approval of carryovers to the subsequent fiscal year. EXHIBIT(S) 1. Memorandum of Understanding with County of Orange, Sheriff's Department Submitted By: Robert Rodriguez, Acting Police Chief Approved By: Steven A. Mendoza, Acting City Manager City Council 26 — 2 11/21/2023 Exhibit 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE CITY OF SANTA ANA TO DISTRIBUTE THE 2023 EDWARD BYRNE MEMORIAL FUND —JUSTICE ASSISTANCE GRANT "JAG' AWARD #15PBJA-23-GG-03185 JAGX AWARD DATE: 09/25/23 ACCEPTANCE DATE: 10/17/23 L Participants Participants hereto acknowledge the County of Orange as lead fiscal agent in charge of programmatic oversight and administration of funds and compliance over all eligible participant law enforcement agencies, hereinafter referred to individually as "Party" and jointly as "the Parties." 11, Pur ose The purpose of this Memorandum of Understanding (MOU) is to support of the objectives of the Office of Justice Programs, expressly those identified as Priority Purpose Areas (PPAs) forthe term of this award. 11L Program Overview and Description of Projecti's1 The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local government units, including tribes, to support various criminal justice -related activities based on their state and local needs and conditions. Equipment purchases or funded initiatives such as overtime, task forces, drug programs, information sharing, etc., will reduce crime and enhance public/officer safety. The JAG Program provides states, territories, tribes, and local governments with critical funding necessary to support a range of program areas, including technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1. Law enforcement programs; 2. Prosecution and court programs; 3. Prevention and education programs; 4. Corrections and community corrections, including reentry; 5. Drug treatment and enforcement programs; 6. Planning, evaluation, and technology improvement programs; 7. Crime victim and witness programs (other than compensation); S. Mental health programs, related law enforcement, and corrections programs, including behavioral and crisis intervention teams. City Council 26 — 3 11/2140209 e MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE CITY OF SANTA ANA TO DISTRIBUTE THE 2023 EDWARD BYRNE MEMORIAL FUND — JUSTICE ASSISTANCE GRANT "JAG" AWARD #15PBJA-23-GG-03185-JAGX AWARD DATE: 09/25/23 ACCEPTANCE DATE: 10/17/23 The County of Orange (Sheriff) will determine the validity of each project included in the application and subsequent awards. JAG funding will support criminal justice initiatives under one or more allowable program areas above. This award is subject to all terms and conditions of the grant and administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash on hand. Should you not adhere to these requirements, you will violate the terms of this agreement, and the award will be subject to termination for cause or other administrative action as appropriate. THE UNDERSIGNED PARTIES HERETO ACKNOWLEDGE THE GRANT AWARD AND THAT FUNDS WILL BE RECEIVED PURSUANT TO THE TERMS OF THIS MOU. COUNTY OF ORANGE ORANGE COUNTY SHERIFF DON BARNES on behalf of COUNTY EXECUTIVE OFFICER, FRANK KIM AUTHORIZED SIGN RY ORANGE COUNTY SHERIFF'S DEPARTMENT FINANCIAL/ADMINISTRATIVE SERVICES DIVISION FINANCIAL DIRECTOR SANTA ANA CITY SANTA ANA POLICE DEPARTMENT ACTING CHIEF OF POLICE, ROBERT RODRIGUEZ APPROVED AS TO FORM Wendy J. Phillips, Senior Deputy Office of Orange County Counsel J�vm )J, ('/w V& AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY City Council 26 — 4 11 /218 g e IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney I r By TA Senior Assistant City Attorney CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager RECOMMENDED FOR APPROVAL: ROBERT RODRIGUEZ Acting Chief of Police City Council 26 — 5 11/21/2023 2023 ORANGE COUNTY CA LOCAL JAG ALLOCATIONS Recipient Agency Government Type Direct Allocation Orange County Admin Fee (10%) Project Amount ORANGE COUNTY SHERIFF Count $ 22,327 $ 2,233 $ $ $ $ 27,859 81,736 15,736 28,346 ANAHEIM CITY Municipal $ 97,817 $ 9,782 BUENA PARK CITY Municipal $ 18,831 $ 1,883 COSTA MESA CITY Municipal $ 31,495 $ 3,150 FULLERTON CITY Municipal $ 31,028 $ 3,103 $ 27,925 GARDEN GROVE CITY Municipal $ 41,957 $ 4,196 $ 37,761 HUNTINGTON BEACH CITY Municipal $ 36,011 $ 3,601 $ 32,410 LA HABRA CITY Municipal $ 11,205 $ 1,121 $ 10,085 IRVINE CITY Municipal $ 13,766 $ 1,377 $ 12,389 NEWPORT BEACH CITY Municipal $ 11,012 $ 1,101 $ 9,911 ORANGE CITY Municipal $ 14,316 $ 1,432 $ 12,884 PLACENTIA CITY Municipal $ 14,977 $ 1,498 $ 13,479 SANTA ANA CITY Municipal $ 122,595 $ 12,260 $ 110,336 TUSTIN CITY WESTMINSTER CITY IF 'MiW IMunicipal Munici al -'IMF $ $ 11,315 22,135 -r 500,787 $ $ $ 1,051 2,214 49,998 $ $ $ 10,264 19,922 451,042 Edward Byrne Memorial Justice Assistance Grant Program FY 2023 Local Solicitation CFDA# 16.738 City Council 26 - 6 11/21/2023 Police Department www.santa-ana.org/pol ice Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Urban Areas Security Initiative Program Training Services AGENDA TITLE Approve Agreements with Mission -Centered Solutions, Inc. in the Amount of $189,875 and Utility Response Training Associates, LLC in the Amount of $134,600 to Provide Training Services for the Urban Area Security Initiative Grant Program (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute three-year agreements, with two one-year renewal options, with the following two vendors to provide on -going training deliverables to the Anaheim/Santa Ana Urban Area on an as -needed basis, for the period of November 21, 2023 through November 20, 2026 in an aggregate amount not to exceed $324,475, subject to non -substantive changes approved by the City Manager and City Attorney: • Mission -Centered Solutions, Inc. — total amount not to exceed $189,875 (Agreement No. 2023-XXX) • Utility Response Training Associates, LLC — total amount not to exceed $134,600(Agreement No. 2023-XXX) GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The United States Department of Homeland Security, Federal Emergency Management Agency, has developed the Urban Areas Security Initiative (UASI) funding program. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency Appropriation Adjustment and Agreements for UASI Funded Training services first responders have adequate and appropriate equipment and training to prevent, respond to, and recover from acts of terrorism. Santa Ana has been designated as an Urban Area Core City since 2003. As such, for selected grant years, Santa Ana is the fiduciary for the region and manages projects which include the grant funded procurement of training, exercises, and equipment utilized by the 34 jurisdictions in Orange County. City Council 27 — 1 11/21/2023 Urban Areas Security Initiative Program Training Services November 21, 2023 Page 2 In an effort to address the unique needs of a high -density, high -threat urban area, the Anaheim/Santa Ana Urban Area (ASAUA) allocates a set percentage of its annual grant allocation to fund training for the Orange County region. With oversight from the Santa Ana Police Department Homeland Security Division, the ASAUA Homeland Security Regional Training Program is designed to provide the ASAUA stakeholders with regional training necessary to meet the goals and objectives set forth in the ASAUA' s homeland security strategy and target capabilities identified in the Threat and Hazard Identification and Risk Assessment (THIRA). The goal of these agreements is to enhance the capabilities of the current program by providing access to a wide range of training in support of a comprehensive and regional approach. In July of 2023, the Police Department issued three Request for Proposals (RFP #23- 110A, #23-111A, and #23-114A) to identify and qualify suitable vendors capable of delivering a broad choice of homeland security related training courses taught by subject matter experts and/or recognized professionals in the field of fire, public health, and emergency management. Additionally, the RFP sought to identify and qualify suitable vendors who are capable of developing and delivering a broad range of homeland security related trainings. The three (3) RFPs were advertised on July 13, 2023 and proposals were solicited. A summary of the proposals and offers received is as follows: 1,254 Vendors were notified 24 Santa Ana vendors notified 76 Vendors downloaded the RFP 13 Proposals received 0 Proposals received from a Santa Ana vendor Proposals were opened on August 10, 2023 and evaluated. An evaluation team reviewed and rated all proposals received to determine if necessary qualifications were met. The proposals were evaluated and scored according to criteria identified within the RFP, including Responsiveness to RFQ (15%), Experience of Firm and Personnel (50%), Reasonableness of Cost (25%), and References (10%). Of the thirteen (13) proposals received, twelve (12) were determined to be responsive and qualified based on their response to the specifications and requirements identified by the City. After the evaluation process, the Santa Ana Police Department Homeland Security Division selected two vendors, Utility Response Training Associates, LLC and Mission -Centered Solutions, Inc. to provide training courses on an as -needed basis. The addition of Utility Response Training Associates, LLC and Mission -Centered Solutions, Inc. as vendors will support the Homeland Security Training Program to enhance capabilities across multiple disciplines and jurisdictions. Mission -Centered Solutions, Inc. will provide fire service leadership training courses in the total amount of City Council 27 — 2 11/21/2023 Urban Areas Security Initiative Program Training Services November 21, 2023 Page 3 $189,875 over the course of grant FY 2021 through FY 2023, and if the agreement is extended, FY 2024 and FY 2025. Utility Response Training Associates, LLC will provide emergency management courses in the total amount of $134,600 over the course of grant FY 2021, FY 2022 and FY 2023, and if the agreement is extended, FY 2024 and FY 2025. FISCAL IMPACT Funding is available in the FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets and carryovers for City Council consideration as follows: Fiscal Accounting Unit Fund Accounting Unit — Amount Year — Account No. Description Account No. Description FY 23-24 12514407-62300 OES UASI UASI Santa Ana, Contract $64,895 Services -Professional The account number may change in the future to no.12514491-62300, depending upon which UASI grant FY funds are used for these specific training projects. All are subject to future grant approval. EXHIBIT(S) 1. Agreement with Mission -Centered Solutions, Inc. 2. Agreement with Utility Response Training Associates, LLC Submitted By: Robert Rodriguez, Acting Police Chief Approved By: Steven A. Mendoza, Acting City Manager City Council 27 — 3 11/21/2023 Exhibit 1 AGREEMENT WITH MISSION CENTERED SOLUTIONS TO PROVIDE TRAINING COURSES AND EXERCISES FOR THE ANAHEIM / SANTA ANA URBAN AREA ON AN AS -NEEDED BASIS THIS AGREEMENT is made and entered into on this 21"day of November, 2023 by and between Mission Centered Solutions, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS a. On August 10, 2020, the Santa Ana Police Department ("SAPD") issued Request for Qualifications No. 20-062 ("RFQ") by which it sought to identify and qualify suitable vendors capable of delivering a broad choice of homeland security -related training courses and exercises conducted by professionals in the fields of law, fire, public health, emergency management and cybersecurity. b. The training courses are in support of the Anaheim/Santa Ana Urban Area ("ASAUA") Homeland Security Regional Training and Exercise Program and are funded by a grant awarded to the City by the Homeland Security's Urban Areas Security Initiative, ("UASI") administered by SAPD. The ASAUA consists of the incorporated cities in Orange County and the police departments of the University of California, Irvine, California State University, Fullerton, and community colleges in the County of Orange. c. Through SAPD, the training and exercise programs are made available to agencies in the ASAUA on an as -needed basis to enhance domestic preparedness for acts of terrorism. d. Since the City has a need for additional vendors, on July 13, 2023, the City issued Request for Proposals No. 23-114A. ("RFP"), by which it sought proposals from qualified firms and organizations ("Proposers") to provide training courses at various locations within the ASAUA on an on -call basis in support of the following categories of LC-380/CA-002- PREV At the Point of the Spear; Fire Service Leadership or At the Point. e. These courses are in support of the Anaheim/Santa Ana Urban Area ("ASAUA") Homeland Security Regional Training and Exercise Program and will be paid in part or in full with funding from the United States Department of Homeland Security's Urban Areas Security Initiative (UASI) grant. Funding from this grant is applied to homeland security related training, exercises, equipment, and projects in the ASAUA. Such services will be provided in accordance with agency needs and/or fund availability at the discretion of the City. f Contractor submitted a responsive proposal that was among those selected by the City. g. 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. City Council 27-4 11/21/2023 NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of the City, Contractor shall conduct the training and/or exercise programs described in the Scope of Services provided in the RFP and attached hereto as Exhibit A. Contractor's proposal is incorporated by reference as though fully set forth herein. In the performance of all services, Contractor shall comply and provide the required training/classes as set forth in Exhibit B, attached hereto. 2. CHANGE ORDERS/AMENDMENTS a. To maintain flexibility that allows first responders to address emerging and unforeseeable threats, the ASAUA Homeland Security Regional Training and Exercise Program will utilize a Change Order provision to request other training and exercise courses at the City's request. Change Orders will be used to approve training and/or exercises and can modify the existing scope of work for specialty and other ad -hoc training and exercises on an as needed basis. Change Orders will be drafted by the UASI Grant Coordinator, reviewed and approved by the Contractor, then forwarded to the Chief of Police and the City Manager for the City of Santa Ana or their designees for approval. b. Any change order that contains any terms contrary to services provided within this Agreement shall be void, unless City and Contractor have expressly agreed in a writing, requiring approval by the City Manager and the City Attorney's office. Contractor agrees and understands that substantive changes to the terms of the Agreement are subject to approval by the City Council. 3. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C, attached hereto. Any compensation payable to Contractor shall be paid from a portion of the above -referenced UASI grant awarded to the City. The total amount to be expended during the term of this Agreement shall not exceed $189,875. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above through November 20, 2026, 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 18, below. City Council 27 — 5 11/21/2023 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 might 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. All materials or copyrights held by the parties previous to the agreement shall remain property of the original owner. No extension of license and rights of pre-existing property shall be extended or implied unless explicitly identified. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. City Council 27 — 6 11/21/2023 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits; and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury,..: or disease. s •4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's 7. profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above;-. the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits. of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insuredsron.the: CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. •._ :.: General liability coverage can be provided in the form of an endorsement -to the Contractor's hisurance. (at.least as broad as ISO Form CG 20 10 1185 or if not available, through the addition of both EG•20-10., CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary. wverag� at . least -as broad as ISO CG 20 01 0413 as respects the City, its officers, officials, employees, and volunteers. Any -insurance or self-insurance maintained by the City, its officers, officials, employees, ot, volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except- with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor ; may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. City Council 27 — 7 11/21/2023 Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the. City. - Claims Made Policies (note = should be applicable only to professional liability, see below) If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must .be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive, Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage.for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, City Council 27 — 8 11/21/2023 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. CONFORMITY WITH LAW AND SAFETY In performing any services under this Agreement, Contractor shall observe and comply with all applicable laws, ordinances, codes, and regulations of governmental agencies, including federal, state, municipal, and local governing bodies having jurisdiction over the. scope of services, including all provisions of the California Occupational Safety and Health Act. Contractor shall indemnify, defend, and hold harmless City from any and all liability, fines, penalties, and consequences from any of Contractor's failures to comply with such laws, ordinances, codes, and regulations. 11. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. City Council 27 — 9 11/21/2023 12. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 13. CONFLICT OF INTEREST CLAUSE a. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. The parties understand that outside parties, subject to receipt of financial benefit from UASI funding, as noted in Recital Section B and the RFQ, are often utilized by the ASA UASI as subject matter expert reviewing training and exercise proposals. To avoid potential conflict of interest of engaging sub -contractors, subject to receipt of financial benefit from UASI funding, shall not be engaged by the Contractor as a sub -contractor to provide the services provided in this Agreement, or any change order or amendment thereto. 14. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 City Council 27 — 10 11/21/2023 With courtesy copies to: Chief of Police City of Santa Ana 60 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Fax: 714-245-8116 To Contractor: Schelly K. Olson Mission Centered Solutions Inc. PO Box 969 Franktown, CO, 80116 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. 15. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 16. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. City Council 27 —11 11/21/2023 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. 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. 19. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as deemed and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 20. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 21. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other City Council 27 — 12 11/21/2023 governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 22. FEDERAL REGULATIONS a. Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations. b. Debarment and Suspension — As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claiins related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. City Council 27 — 13 11/21/2023 g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non -Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age' Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3,. as applicable. 1. Copeland Anti -Kickback Act - Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland "Anti -Kickback" Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. City Council 27 — 14 11/21/2023 1. Contractor — Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2. Subcontracts — Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. Breach — A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. m. Davis -Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. Contractors are required to pay wages to laborers and mechanics at a rate no less than the Prevailing wages specified in a wage determination made by the Secretary of Labor. Additionally, contractors are required to pay wages not less than once a week. n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401- 7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable. p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable. q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable. City Council 27 — 15 11/21/2023 s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose; 1. the copyright in any work developed through this Agreement; and 2. any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is: 1. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). 2. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). 3. Telecommunications or video surveillance services provided by such entities or using such equipment. 4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all City Council 27 — 16 11/21/2023 contracts and purchase orders for work or products under this award. For purposes of this provision: "produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and "manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. City Council 27 — 17 11/21/2023 4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. w. Termination for Cause and Convenience — Should recipient fail for any reason to comply with the contractual obligations of this agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law. 23. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Contractor is providing services not contemplated by this Agreement. City Council 27 — 18 11/21/2023 C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:_� Tamara Bogos*ian Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: FO.� CHIEF V..ALENTIN i David Valentin Chief of Police CITY OF SANTA ANA Steven A. Mendoza Acting City Manager MISSION CENTERED SOLUTIONS INC: Schelly K. Olson City Council 27 — 19 11/21/2023 EXHIBIT A CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES REQUIREMENTS The specific requirements of this RFP have been listed in Section 11. II. TRAINING COURSE(S) A. ASAUA requires training courses in the following specific disciplines: • Training Request for: CA-002-PREV Fire Training for At the Point of the Spear: Fire Service Leadership. Minimum Requirements: Availability to conduct up to a total of five (5) deliveries of the training by the end of the term of the contract. The first training must be conducted no later than January 31, 2024. Course Name: Fire Training: L-380/CA-002-PREV/ At the Point of the Spear: Fire Service Leadership; or: At the Point of the Spear: Leading and Preparing Emergency Response Units Course Description: Develop and deliver up to five (5) fire service leadership trainings addressing the unique needs of fire professionals. This course directs the professional towards a historical understanding of fire leadership from past to present day. The objective of this training is to instruct first -line leaders of emergency response units in the core cultural attitudes and behaviors that enable them to lead high -functioning teams in high -risk operations. The program covers topics such as memory and conduct, leadership impact and adaptability, team building and learning, error resiliency, stress management, accountability and standards, communication and conflict resolution, and ethical leadership. The program uses a mix of theory and principles with a nexus to terrorism, classroom exercises, case examples, and field exercises to provide realistic application opportunities for the students and develops first -line leaders. The program is based on established U.S. military programs and follows the principles of At the Point of the Spear: Leading and preparing emergency response units. The program duration is 36 to 38 hours and the target audience is first -line leaders of emergency response units. The proposer will provide resumes of the staff to be assigned to this training request, detailing their prior experience. Number of Deliveries Being Requested: Up to 5 Number of Students per Delivery: Minimum of 12 students (max 25 students) 23.11AA I _4Rn Piro Training_r..A_nn9 Prow Piro Coniioc I onrlorchin Training Coniiroe page 17 of A3 City Council 27 — 20 11/21/2023 CITY OF SANTA ANA Responsibilities of the City of Santa Ana and the Anaheim/Santa Ana Urban Area: • Classroom with space to arrange students in groups • AudioNisual Equipment • Multiple easels, dry erase board, and markers • Offsite location (if necessary to be outside classroom) Responsibilities of the Training Provider: • Professional instruction • Laptop • Presentation & training aids. • Transportation of students to any offsite location/or arrange students to carpool • Role players (if necessary) • Training radios (if necessary) • Safety equipment (PPE) (if necessary) • Turnout or brush coats (if necessary or different from normal attendee attire) • Environmental & Historic Preservation (see Section E. below) • Any travel related costs Notice to Respondents: All responses to this solicitation shall become property of the City of Santa Ana, and responses will become public record after issuance of Purchase Order. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. B. Contractor shall conduct training courses at various locations/venues within the ASAUA. C. Contractor shall prepare course flyers, register attendees, record attendance by signed roster, provide certificates of completions, and verify course completion by the participants. D. Contractor shall prepare and present specified training courses. Course material shall be available at the time the training is provided for each of the training courses the proposer has outlined in their proposal. E. All training courses presented must meet state and federal guidelines and be approved by Cal OES and DHS for reimbursement under the Homeland Security Grant Program prior to delivery. Refer to the Cal OES website at: http-//www.caloes.ca.gov/cal-oes-divisions/california-specialized-training_- institute and the DHS website at: https://www.fema.gov/training for further information regarding state and federal guidelines for Department of Homeland Security grants. If any portion of the training course occurs outside of the classroom, an Environmental & Historic Preservation (EHP) approval must be obtained from FEMA/Cal OES prior to delivery of the course. The EHP approval is location specific and if an EHP approval is required, one must be obtained for each location where the course is delivered. It shall be the responsibility of the Proposer to complete all of the forms and documentation necessary to obtain the required approvals. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals. F. Contractor shall provide all required training material, handouts, course syllabus and/or written curriculum. 23_11AA 1 _gRr1 Pwa Trnining_(`0_M9 or— Giro Sen,in, i a—forchl�g cer.ices Wag- 1Rnf.43 City Council 27 — 21 11/21/2023 CITY OF SANTA ANA G. Contractor shall collect written survey comments/course evaluations from participants at the conclusion of every course offered. Survey/course evaluations will be conducted in a manner specified by the City. A standardized course survey form will be provided to the successful proposers. A record of responses shall be maintained throughout the term of the agreement by Contractor, and organized by training course, date, instructor, etc. Frequently mentioned comments shall be reported to City Project Manager. Electronic reporting shall be made available to the City upon request. H. City reserves the right to cancel training courses with fourteen (14) calendar days' notice of delivery date. City shall not be charged for the class, travel costs, or training materials by Contractor if cancellation occurs within this period. I. Contractor shall provide and assign high quality instructors on a consistent basis to deliver the specified courses. All instructors shall use the methods suggested by the training protocols established, such as maintaining and updating each training syllabus; introducing and following objectives for each class; completing training as described; and utilizing training aids such as audio/visual systems. K. Contractor and all its instructors shall provide immediate feedback to the City via the ASAUA Homeland Security Regional Training and Exercise Program Manger regarding all customer requests for new or additional services or to file complaints. L. Contractor will be paid for services rendered. Training days are generally eight (8) hours long (e.g. 8AM-5PM), including a one (1) hour lunch break. Schedule should include regular breaks on a 50/10 break ratio — for every fifty (50) minutes of instruction, there should be a ten (10) minute break. Half days are defined as four (4) hours or less of curriculum. M. Training venues may be provided by the City or by hosting agencies based on the needs of the course. Contractor must be able to secure training sites at any of the jurisdictions within the ASAUA. N. All Contractor -developed courses must be approved by California Office of Emergency Services (Cal OES) for reimbursement under the Homeland Security Grant Program prior to delivery. It is the responsibility of the Contractor to prepare all forms and documentation necessary to obtain all course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals. O. The anticipated start date of this agreement is Summer of 2023. Usage under this agreement will begin at this time. P. Depending on the training, Contractor's instructors and courses may be required to be California Peace Officer Standards & Training (POST) certified or California State Fire Marshal approved. It shall be the responsibility of the Contractor to obtain all POSTcertifications and California State Fire Marshal course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for certifications and approval. The City shall not be billed for any costs associated with obtaining these certifications and approvals. Q. A list of "approved" courses is available from Cal OES at wvvw.caloes.ca.gov and a list of Federal Emergency Management Agency (FEMA) approved classes is available at www.fema.gov/training 23-11AA I -3Rn Fires Training_( A_nn9 Prav Fires CPryipQ I aariarchin Training Car%-- P.— 10 of n3 City Council 27 — 22 11/21/2023 CITY OF SANTA ANA R. Contractors are responsible for providing all course materials and delivering it to the site(s) of all training at their cost. S. Contractor must work with the ASAUA Homeland Security Regional Training and Exercise Program Manager and requesting agencies to coordinate the training calendar and venue. T. When required, Contractor must obtain the applicable certifications for developed courses before training begins. The need for certification will be determined by the ASAUA Training & Exercise Program Manager. It shall be the responsibility of the Contractor to complete all forms and documentation necessary to obtain the required certifications at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications. U. Contractor will be required to obtain Emergency Medical Association (EMA) or Emergency Management Institute (EMI) certification on developed courses at its cost if the course content contains materials that require state and/or federal certification. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Contractor with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications. V. Contractor may not charge the City for materials brought to the class that are not utilized. W. Proposers may be selected to provide training based on their expertise within a specific discipline. Fire Training: L-380/CA-002-PREY/ At the Point of the Spear: Fire Service Leadership/ At the Point of the Spear: Leading and Preparing Emergency Response Units X. Contractors shall ensure that training participants are members of agencies or organizations located or operating within the ASAUA, or have been approved by the ASAUA Training & Exercise Program Manager or his designee. Y. Contractor shall ensure that, when required, an Environmental Historic Preservation (EHP) approval has been issued to the ASAUA before delivery of the training course. It shall be the responsibility of the Proposer to complete all forms and documentation necessary to obtain the required EHP approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals. III. DELIVERABLES / REPORTS FOR TRAINING COURSES A. Course Surveys / Evaluations Course surveys/evaluations results will be tabulated and scored by Contractor. Summary of the results will be provided to the ASAUA Training & Exercise Program Manager. 2. Completed course survey/evaluation forms will be provided to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course. B. Contractor must provide course flyers for all training courses to be delivered at its cost. 23-114A 1 -3A0 Fira TrainmO-(.A-nn9 Prev Fire Rerviac I Pndprehip Training Seances P.— )n of d3 City Council 27 — 23 11/21/2023 CITY OF SANTA ANA C. Contractor must provide to the ASAUA Training & Exercise Program Manager all rosters and sign - in sheets upon completion of the training course for all training courses delivered. Contractor shall maintain a record of all original and electronic copies of all sign -in sheets. D. Contractor shall provide certificates of completion to all students that successfully complete a training course at the conclusion of the training course and provide copies of the certificates to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course. Contractor shall maintain a record of all certificates provided students. IV. QUANTITIES FOR TRAINING COURSES Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied. V. PRICING FOR TRAINING COURSES A. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of such lower price shall be extended to the City. B. All prices are to be F.O.B. destination. Any freight/delivery charges are to be included. C. All prices quoted shall be in United States dollars and "whole cent," no cent fractions shall be Used. There are no exceptions. D. Pricing shall include any and all payment incentives available to the City. E. Proposers are advised that in the evaluation of costs, if applicable, it wi10 be assumed the unit price quoted is correct in the case of a discrepancy between the unit price and an extension. F. Federal and State minimum wage laws apply. The City has no requirements for living wages. The City is not imposing any additional requirements regarding wages. VI. AWARD FOR TRAINING COURSES A. City reserves the right to reject any or all responses that materially differ from any terms contained .n th's RFP, from any Exhibits attached hereto, or from any subsequent addenda; to waive informalities and minor irregularities in responses received; and to provide an opportunity for Proposers to correct minor and immaterial errors contained in their submissions. The decision as to what constitutes a minor irregularity shall be made solely at the discretion of the City. B. The City reserves the right to award an agreement to a single Proposer or multiple Proposers. C. The City has the right to decline to award an agreement or any part thereof for any reason. D. City Council approval to award an Agreement pursuant to this RFP will be required. E. Any agreement must be negotiated, finalized, and approved by the recommend Contractor prior to City Council approval. F. RFP specifications, terms, conditions, and Exhibits, RFP Addenda, and Proposals, may be incorporated into and made a part of any agreement that may be awarded as a result of this RFP. 23_11AA I _,m Fira Training_(:A_M9 Pray Fira Ca Jr I aariarchin Training gPr%JrPq P.g. 91 of A3 City Council 27 — 24 11/21/2023 CITY OF SANTA ANA VII. INVOICING FOR TRAINING COURSES A. Proposer shall invoice the City, unless otherwise advised, upon satisfactory receipt of performance of services. B. City will use best efforts to make payments within thirty (30) days following receipt and review of invoice and upon complete satisfactory receipt of performance of services. C. Invoices shall be emailed to: Sgt. Ricardo Diaz Santa Ana Police Department Email: RDiaz(a)santa-ana.org D. City shall notify Proposer of any adjustments required to invoices. E. Invoices shall include, at minimum: • City PO number (if applicable); • Invoice number; • Agreement number; • Remit to address; • Itemized services; • Course description • Pricing as per agreement; • Instructor name: • Number of participants; • Course date(s); and • Shall be accompanied by acceptable proof of delivery. F. Proposer shall utilize standardized invoices upon request. Vill. ACCOUNT MANAGER / SUPPORT STAFF FOR TRAINING COURSES A. Proposer shall provide a dedicated, competent Account Manager who shall be responsible for the City's account / agreement. The Account Manager shall receive all orders from the City and shall be the primary contact for all issues regarding the Proposer's response to this RFP and any agreement which may arise pursuant to this RFP. B. Proposer shall also provide adequate, competent support staff that shall be able to service the City during the working hours of 7:OOAM — 5:OOPM PST, Monday through Friday. Such representative(s) shall be knowledgeable about the agreement, training offered, and able to identify and resolve quickly any issues included, but not limited to order and invoicing problems. C. Contractor's Account Manager shall be familiar with City requirements and standards and work with the City to ensure that established standards are adhered to. D. Contractor's Account Manager shall keep the City and ASAUA Training & Exercise Program Manager informed of requests from departments. IX. QUALIFICATIONS — HOMELAND SECURITY EXERCISE EXPERIENCE 23-11AA I -3Rf1 Fires Training-(.A-M9 Prwi Fires Raniiac I aarlarchin Training qPn/jrPQ Pages 99 of A3 City Council 27 — 25 11/21/2023 (E) • Proposer should security training guidelines. CITY OF SANTA ANA be experienced and proficient in the design and delivery of relevant homeland as it pertains to the aforementioned course and in accordance with HEESP 23 3 City Council 27 — 26 11/21/2023 EXHIBIT B 23-114A STATEMENT OF QUALIFICATIONS Mission -Centered Solutions, Inc. August 23, 2023 1. SERVICES PROVIDED Course Name: E-390 / CA-tl02-PREV At the Point of the Spear: Fire Service Leadership Scope: Mission -Centered Solutions, Inc., (MCS) is responding to a request for a quote to provide up to five (5) programs of leadership training for the fire service, addressing the unique needs of fire professionals. This course directs the professional toward a historical understanding of fire leadership from past to present day. The objective of this training is to instruct first -line leaders (senior firefighters, engineers, company captains and battalion chiefs) of emergency response units in the core cultural attitudes and behaviors that enable them to lead high -functioning teams in high -risk operations. The program covers topics such as memory and conduct, leadership impact and adaptability, team building and learning, error resiliency, stress management, accountability and standards, communication and conflict resolution, and ethical leadership. The program uses a mix of theory and principles with a nexus to classroom exercises, case examples, and field exercises to provide realistic application opportunities for the participants. The program is based on established U.S. military programs and follows the principles of At the Point of the Spear: Leading and preparing emergency response units. Course Description: At the Point of the Spear: Leading and preparing emergency response units focuses on helping response leaders build more cohesive, adaptive, and resilient teams. This program teaches principles for leading in high -risk and high -stress environments, building team cohesion, and resolving conflicts and problems within the team. Using a mix of theory, case studies, classroom exercises, and field exercises, this interactive program is designed to reinforce mission -driven operational culture at the team level and to provide a framework from which to launch future organizational development. This program is appropriate for fire service captains, battalion chiefs and emergency leaders. It is approved by the U.S. Department of Homeland Security (DHS)'s Federal Emergency Management Agency (FEMA) as CA- 002-PREV in the State and Federal Sponsored Training Catalog and certified by the National Wildfire Coordinating Group (NWCG) as meeting the L-380 certification standard. MCS is the only provider of this dual certified program worldwide. Mission -Centered Solutions, Inc. Page 2 City Council 27 — 27 11/21/2023 EXHIBIT C 23-114A STATEMENT OF QUALIFICATIONS Mission -Centered Sohrtions_, Inc. August 23, 2023 S. COST PROPOSAL DATES DESCRIPTION LOCATION COST per COURSE �p;_?p?6 DHS CA-00?-PREP' TBD 537,975.00 each At the Point of the Spear: Fire Service Leadership *tiiCs-provided role plaYers. Cent -prodded role plgyers, deduct 51, 500.00%rout each course Items NOT included in cost: Salary travel. per diem and other related costs associated with client site logistics support persomnel and participants. or any other non-;\ICS personnel assisting at the client's behest. Facility costs. including costs for providing easel pads and presentation screens. Transportation and associated costs for participants to and from field exercises. Field equipment required for the participants. such as two -tray radios and velucles to support the field exercises. Compensation (overtime, compensation time, etc.) needed to enable students to participate in tine after-hours training exercise. Mission -Centered Solutions. Inc. Page ii City Council 27 — 28 11/21/2023 Exhibit 2 AGREEMENT WITH UTILTIY RESPONSE TRAINING ASSOCIATES LLC TO PROVIDE TRAINING COURSES AND EXERCISES FOR THE ANAHEIM / SANTA ANA URBAN AREA ON AN AS -NEEDED BASIS THIS AGREEMENT is made and entered into on this 21" day of November, 2023 by and between Utility Response Training Associates LLC, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("city"). RECITALS a. On August 10, 2020, the Santa Ana Police Department ("SAPD") issued Request for Qualifications No. 20-062 ("RFQ") by which it sought to identify and qualify suitable vendors capable of delivering a broad choice of homeland security -related training courses and exercises conducted by professionals in the fields of law, fire, public health, emergency management and cybersecurity. b. The training courses are in support of the Anaheim/Santa Ana Urban Area ("ASAUA") Homeland Security Regional Training and Exercise Program and are funded by a grant awarded to the City by the Homeland Security's Urban Areas Security Initiative, ("UASI") administered by SAPD. The ASAUA consists of the incorporated cities in Orange County and the police departments of the University of California, Irvine, California State University, Fullerton, and community colleges in the County of Orange. c. Through SAPD, the training and exercise programs are made available to agencies in the ASAUA on an as -needed basis to enhance domestic preparedness for acts of terrorism. d. Since the City has a need for additional vendors, on July 13, 2023, the City issued Request for Proposals No. 23-112A, and 23-110A ("RFPs"), by which it sought proposals from qualified firms and organizations ("Proposers") to provide training courses at various locations within the ASAUA on an on -call basis in support of the following categories of G-191: ICS/EOC Interface Workshop Training Services, and G-775: Emergency Operations Center (EOC) Management & Operations Training. e. These courses are in support of the Anaheim/Santa Ana Urban Area ("ASAUA") Homeland Security Regional Training and Exercise Program and will be paid in part or in full with funding from the United States Department of Homeland Security's Urban Areas Security Initiative (UASI) grant. Funding from this grant is applied to homeland security related training, exercises, equipment, and projects in the ASAUA. Such services will be provided in accordance with agency needs and/or fund availability at the discretion of the City. f. Contractor submitted responsive proposals to both RFPs and was among those selected by the City. City Council 27 — 29 11/21/2023 g. 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 On an as -needed basis, and at the sole discretion of the City, Contractor shall conduct the training and/or exercise programs described in the Scope of Services provided in the RFPs and attached hereto as Exhibit A. Contractor's proposals are incorporated by reference as though fully set forth herein. In the performance of all services, Contractor shall comply and provide the required training/classes as set forth in Exhibit B, attached hereto. 2. CHANGE ORDERS/AMENDMENTS a. To maintain flexibility that allows first responders to address emerging and unforeseeable threats, the ASAUA Homeland Security Regional Training and Exercise Program will utilize a Change Order provision to request other training and exercise courses at the City's request. Change Orders will be used to approve training and/or exercises and can modify the existing scope of work for specialty and other ad -hoc training and exercises on an as needed basis. Change Orders will be drafted by the UASI Grant Coordinator, reviewed and approved by the Contractor, then forwarded to the Chief of Police and the City Manager for the City of Santa Ana or their designees for approval. b. Any change order that contains any terms contrary to services provided within this Agreement shall be void, unless City and Contractor have expressly agreed in a writing, requiring approval by the City Manager and the City Attorney's office. Contractor agrees and understands that substantive changes to the terms of the Agreement are subject to approval by the City Council. 3. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C, attached hereto. Any compensation payable to Contractor shall be paid from a portion of the above -referenced UASI grant awarded to the City. The cost for G-775 EOC Management & Operations Training Service shall not exceed $84,000, and the cost for G-191 ICS/EOC Interface Workshop Training Services, shall not exceed $50,400. The total combined amount to be expended during the term of this Agreement shall not exceed $134,600. City Council 27 — 30 11/21/2023 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above through November 20, 2026, 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 18, below. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: City Council 27 — 31 11/21/2023 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 0413 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. City Council 27 — 32 11/21/2023 Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. Claims Made Policies (note — should be applicable only to professional liability, see below) If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. City Council 27 — 33 11/21/2023 Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for 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 orproperty 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. CONFORMITY WITH LAW AND SAFETY In performing any services under this Agreement, Contractor shall observe and comply with all applicable laws, ordinances, codes, and regulations of governmental agencies, including federal, state, municipal, and local governing bodies having jurisdiction over the scope of services, including all provisions of the California Occupational Safety and Health Act. Contractor shall indemnify, defend, and hold harmless City from any and all liability, fines, penalties, and consequences from any of Contractor's failures to comply with such laws, ordinances, codes, and regulations. 11. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a City Council 27 — 34 11/21/2023 minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 12. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 13. CONFLICT OF INTEREST CLAUSE a. Contractor covenants that it presently has no interests and shall not have interests, director indirect, which would conflict in any manner with performance of services specified under this Agreement. b. The parties understand that outside parties, subject to receipt of financial benefit from UASI funding, as noted in Recital Section B and the RFQ, are often utilized by the ASA UASI as subject matter expert reviewing training and exercise proposals. To avoid potential conflict of interest of engaging sub -contractors, subject to receipt of financial benefit from UASI funding, shall not be engaged by the Contractor as a sub -contractor to provide the services provided in this Agreement, or any change order or amendment thereto. 14. 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: City Council 27 — 35 11/21/2023 To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 60 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Fax: 714-245-8116 To Contractor: R. Ranger Dorn, Managing Partner Utility Response Associates LLC P.O. Box 101 Oak View, CA 93022 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. 15. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, City Council 27 — 36 11/21/2023 inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 16. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. 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. 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. 19. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as deemed and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. City Council 27 — 37 11/21/2023 20. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 21. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 22. FEDERAL REGULATIONS a. Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations. b. Debarment and Suspension — As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) -All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds City Council 27 — 38 11/21/2023 recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise -in violation of the provisions of the "Hatch Act". h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non -Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. City Council 27 — 39 11/21/2023 k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. 1. Copeland Anti -Kickback Act - Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland "Anti -Kickback" Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. 1. Contractor — Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2. Subcontracts — Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3. Breach — A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. m. Davis -Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. Contractors are required to pay wages to laborers and mechanics at a rate no less than the Prevailing wages specified in a wage determination made by the Secretary of Labor. Additionally, contractors are required to pay wages not less than once a week. n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401- 7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable. p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable. City Council 27 — 40 11/21/2023 q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights -Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable. s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: 1. the copyright in any work developed through this Agreement; and 2. any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is: 1. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). 2. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). 3. Telecommunications or video surveillance services provided by such entities or using such equipment. 4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the City Council 27 — 41 11/21/2023 National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: "produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and "manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. It 375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or City Council 27 — 42 11/21/2023 applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will pen -nit access to his books,' records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. w. Termination for Cause and Convenience — Should recipient fail for any reason to comply with the contractual obligations of this agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law. 23. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by City Council 27 — 43 11/21/2023 the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Contractor is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 011 )� m J'� J� - Tamara Bogosian Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: FOR CHEF VALENTiN WJ="rn - — David Valentin Chief of Police 11 CITY OF SANTA ANA Steven A. Mendoza Acting City Manager UTILITY RESPONSE TRAINING ASSOCIATES, LLC v R. Ranger Dorn Managing Partner City Council 27 — 44 11/21/2023 EXHIBIT CITY OF SANTA ANA WHIM MI SCOPE OF SERVICES REQUIREMENTS The specific requirements of this RFP have been listed in Section II. II. TRAINING COURSE(S) A. ASAUA requires training courses in the following specific disciplines: a Training Request for: G-191: ICS/EOC Interface Workshop Minimum Requirements: Availability to conduct up to a total of ten (10) deliveries of the training by the end of the term of the contract. The first training must be conducted no later than January 31, 2024. Course Name: G-191: ICS/EOC Interface Workshop Course Description: The course will enable the participants to develop an effective interface between the Incident Command and the Emergency Operations Center (EOC) by applying Incident Command (ICS) principles.The proposer will provide resumes of the staff to be assigned to this training request, detailing their prior experience. Number of Deliveries Being Requested: Up to 10 Number of Students per Delivery: Minimum of 16 students Responsibilities of the City of Santa Ana and the Anaheim/Santa Ana Urban Area: Classroom with space to arrange students in groups a AudioNisual Equipment Multiple easels, dry erase board, and markers Responsibilities of the Training Provider: Laptop a Presentation & training aids a Professional instruction Notice to Respondents: All responses to this solicitation shall become property of the City of Santa Ana, and responses will become public record after issuance of Purchase Order. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. B. Contractor shall conduct training c01-irses at various locations/venues within the ASAUA. 23- City Council 27 — 45 11/21/2023 CITY OF SANTA ANA C. Contractor shall prepare course flyers, register attendees, record attendance by signed roster, provide certificates of completions, and verify course completion by the participants. D. Contractor shall prepare and present specified training courses. Course material shall be available at the time the training is provided for each of the training courses the proposer has outlined in their proposal. E. All training courses presented must meet state and federal guidelines and be approved by Cal OES and DHS for reimbursement under the Homeland Security Grant Program prior to delivery. Refer to the Cal OES website at: htt://www.caloes.ca. ov/cal-oes-divisions/california-specialized-training institute and the DHS website at: https://www.fema.gov/training for further information regarding state and federal guidelines for Department of Homeland Security grants. If any portion of the training course occurs outside of the classroom, an Environmental & Historic Preservation (EHP) approval must be obtained from FEMA/Cal OES prior to delivery of the course. The EHP approval is location specific and if an EHP approval is required, one must be obtained for each location where the course is delivered. It shall be the responsibility of the Proposer to complete all of the forms and documentation necessary to obtain the required approvals. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals. F. Contractor shall provide all required training material, handouts, course syllabus and/or written curriculum. G. Contractor shall collect written survey comments/course evaluations from participants at the conclusion of every course offered. Survey/course evaluations will be conducted in a manner specified by the City. A standardized course survey form will be provided to the successful proposers. A record of responses shall be maintained throughout the term of the agreement by Contractor, and organized by training course, date, instructor, etc. Frequently mentioned comments shall be reported to City Project Manager. Electronic reporting shall be made available to the City upon request. H. City reserves the right to cancel training courses with fourteen (14) calendar days' notice of delivery date. City shall not be charged for the class, travel costs, or training materials by Contractor if cancellation occurs within this period. I. Contractor shall provide and assign high quality instructors on a consistent basis to deliver the specified courses. All instructors shall use the methods suggested by the training protocols established, such as maintaining and updating each training syllabus; introducing and following objectives for each class; completing training as described; and utilizing training aids such as audio/visual systems. K. Contractor and all its instructors shall provide immediate feedback to the City via the ASAUA Homeland Security Regional Training and Exercise Program Manger regarding all customer requests for new or additional services or to file complaints. L. Contractor will be paid for services rendered. Training days are generally eight (8) hours long (e.g. 8AM-5PM), including a one (1) hour lunch break. Schedule should include regular breaks on a 50/10 break ratio — for every fifty (50) minutes of instruction, there should be a ten (10) minute break. Half days are defined as four (4) hours or less of curriculum. 23 City Council 27 — 46 11/21/2023 CITY OF SANTA ANA M. Training venues may be provided by the City or by hosting agencies based on the needs of the course. Contractor must be able to secure training sites at any of the jurisdictions within the ASAUA. N. All Contractor -developed courses must be approved by California Office of Emergency Services (Cal OES) for reimbursement under the Homeland Security Grant Program prior to delivery. It is the responsibility of the Contractor to prepare all forms and documentation necessary to obtain all course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals. O. The anticipated start date of this agreement is Summer of 2023. Usage under this agreement will begin at this time. P. Depending on the training or exercise, Contractor's instructors and courses may be required to be California Peace Officer Standards & Training (POST) certified or California State Fire Marshal approved. It shall be the responsibility of the Contractor to obtain all POSTcertifications and California State Fire Marshal course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for certifications and approval. The City shall not be billed for any costs associated with obtaining these certifications and approvals. Q. A list of "approved" courses is available from Cal OES at www.caloes.ca.go_v and a list of Federal Emergency Management Agency (FEMA) approved classes is available at www.fema.qov/training R. Contractors are responsible for providing all course materials and delivering it to the site(s) of all training at their cost. S. Contractor must work with the ASAUA Homeland Security Regional Training and Exercise Program Manager and requesting agencies to coordinate the training calendar and venue. T. When required, Contractor must obtain the applicable certifications for developed courses before training begins. The need for certification will be determined by the ASAUA Training & Exercise Program Manager. It shall be the responsibility of the Contractor to complete all forms and documentation necessary to obtain the required certifications at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications. U. Contractor will be required to obtain Emergency Medical Association (EMA) or Emergency Management Institute (EMI) certification on developed courses at its cost if the course content contains materials that require state and/or federal certification. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Contractor with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications. V. Contractor may not charge the City for materials brought to the class that are not utilized. W. Proposers may be selected to provide training based on their expertise within a specific discipline. s G-191: ICS/EOC Interface Workshop 23_119A (]_101 ircGnr . tjj f , W., k&Wgp Tr2iA,W9 gQp0*@@s Rage 49 9; Q City Council 27 — 47 11/21/2023 CITY OF SANTA ANA X. Contractors shall ensure that training participants are members of agencies or organizations located or operating within the ASAUA, or have been approved by the ASAUA Training & Exercise Program Manager or his designee. Y. Contractor shall ensure that, when required, an Environmental Historic Preservation (EHP) approval has been issued to the ASAUA before delivery of the training course. It shall be the responsibility of the Proposer to complete all forms and documentation necessary to obtain the required EHP approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals. III DELIVERABLES / REPORTS FOR TRAINING COURSES A. Cou se Surveys / Eva uat'ons Course surveys/evaluations results will be tabulated and scored by Contractor. Summary of the results will be provided to the ASAUA Training & Exercise Program Manager. 2. Completed course survey/evaluation forms will be provided to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course. B. Contractor must provide course flyers for all training courses to be delivered at its cost. C. Contractor must provide to the ASAUA Training & Exercise Program Manager all rosters and sign - in sheets upon completion of the training course for all training courses delivered. Contractor shall maintain a record of all original and electronic copies of all sign -in sheets. D. Contractor shall provide certificates of completion to all students that successfully complete a training course at the conclusion of the training course and provide copies of the certificates to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course. Contractor shall maintain a record of all certificates provided students. IV. QUANTITIES FOR TRAINING COURSES Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied. V. PRICING FOR TRAINING COURSES A. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of such lower price shall be extended to the City. B. All prices are to be F.O.B. destination. Any freight/delivery charges are to be included. C. All prices quoted shall be in United States dollars and "whole cent," no cent fractions shall be used. There are no exceptions. D. Pricing shall include any and all payment incentives available to the City. E. Proposers are advised that in the evaluation of costs, if applicable, it will be assumed the unit price quoted is correct in the case of a discrepancy between the unit price and an extension. 23_119A r__1 01 • ire_Gnr 1nJQ Fo o �Algrk,tigp Training gerHises Rage ee of 4r City Council 27 — 48 11/21/2023 CITY OF SANTA ANA F. Federal and State minimum wage laws apply. The City has no requirements for living wages. The City is not imposing any additional requirements regarding wages. VI. AWARD FOR TRAINING COURSES A. City reserves the right to reject any or all responses that materially differ from any terms contained in this RFP, from any Exhibits attached hereto, or from any subsequent addenda; to waive informalities and minor irregularities in responses received; and to provide an opportunity for Proposers to correct minor and immaterial errors contained in their submissions. The decision as to what constitutes a minor irregularity shall be made solely at the discretion of the City. B. The City reserves the right to award an agreement to a single Proposer or multiple Proposers. C. The City has the right to decline to award an agreement or any part thereof for any reason. D. City Council approval to award an Agreement pursuant to this RFP will be required. E. Any agreement must be negotiated, finalized, and approved by the recommend Contractor prior to City Council approval. F. RFP specifications, terms, conditions, and Exhibits, RFP Addenda, and Proposals, may be incorporated into and made a part of any agreement that may be awarded as a result of this RFP. VII. INVOICING FOR TRAINING COURSES A. Proposer shall invoice the City, unless otherwise advised, upon satisfactory receipt of performance of services. B. City will use best efforts to make payments within thirty (30) days following receipt and review of invoice and upon complete satisfactory receipt of performance of services. C. Invoices shall be emailed to: Sgt. Ricardo Diaz Santa Ana Police Department Email: RDiaz(@santa-ana.orq D. City shall notify Proposer of any adjustments required to invoices. E. Invoices shall include, at minimum: • City PO number (if applicable); • Invoice number; • Agreement number; • Remit to address; • Itemized services; • Course description • Pricing as per agreement; • Instructor name; • Number of participants; 23_112n ra_101 icc_Gnrr Into f—W W ,L-tigp Training Servises Page 21 of 4r City Council 27 — 49 11/21/2023 A CITY OF SANTA ANA • Course date(s); and • Shall be accompanied by acceptable proof of delivery. F. Proposer shall utilize standardized invoices upon request. VIII. ACCOUNT MANAGER / SUPPORT STAFF FOR TRAINING COURSES A. Proposer shall provide a dedicated, competent Account Manager who shall be responsible for the C'ty's account / agreement. The Account Manager shall receive all orders from the City and shall be the primary contact for all issues regarding the Proposer's response to this RFP and any agreement which may arise pursuant to this RFP. B. Proposer shall also provide adequate, competent support staff that shall be able to service the City during the working hours of 7:OOAM — 5:OOPM PST, Monday through Friday. Such representative(s) shall be knowledgeable about the agreement, training offered, and able to identify and resolve quickly any issues included, but not limited to order and invoicing problems. C. Contractor's Account Manager shall be familiar with City requirements and standards and work with the City to ensure that established standards are adhered to. D. Contractors Account Manager shall keep the City and ASAUA Training & Exercise Program Manager informed of requests from departments. 23_119A (.`._1Wg,kgti„p Training-S9fYIB66 Rage 22 8f Q City Council 27 — 50 11/21/2023 CITY OF SANTA ANA WHIN. N SCOPE OF SERVICES REQUIREMENTS The specific requirements of this RFP have been listed in 1. Training Course(s). 1. TRAINING COURSE(S) ASAUA requires training courses in the following specific disciplines: • Training Request for: G-775: Emergency Operation Center (EOC) Management & Operations Training Minimum Requirements: Availability to conduct up to a total of ten (10) deliveries of the training by the end of the term of the contract. The first training must be conducted no later than January 31, 2024. Course Name: G-775: EOC Management & Operations Course Description: This course will introduce students to the considerations involved in the management and day-to-day operations of an Emergency Operations Center (EOC). Number of Deliveries (trainings) Being Requested: Up to 10 Number of Students per Delivery (training): Minimum of 16 students Responsibilities of the City of Santa Ana and the Anaheim/Santa Ana Urban Area: • Classroom with space to arrange students in groups • Audio/Visual Equipment • Multiple easels, dry erase board, and markers Responsibilities of the Training Provider: • Laptop • Presentation & training aids • Professional instruction Notice to Respondents: All responses to this solicitation shall become property of the City of Santa Ana, and responses will become public record after issuance of Purchase Order. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. A. Contractor shall conduct training courses at various locations/venues within the ASAUA. B. Contractor shall prepare course flyers, register attendees, record attendance by signed roster, provide certificates of completions, and verify course completion by the participants. 23-110A G-775 FQQ Management R Clnaratinnc Training Rahn Q@ s City Council 27 — 51 11/21/2023 CITY OF SANTA ANA C. Contractor shall prepare and present specified training courses. Course material shall be available at the time the training is provided for each of the training courses the proposer has outlined in their proposa . D. All training courses presented must meet state and federal guidelines and be approved by Cal OES and DHS for reimbursement under the Homeland Security Grant Program prior to delivery. Refer to nin�- the a hftp -//www.caloes.ca.qov/cal-oes-divisions/california-�i��� website at: http://ww,caloes.ca.gov/cal-oes-divisions/california-soecJalized-trai _ institute and the DHS website at: https://www.fema.gov/training for further information regarding state and federal guidelines for Department of Homeland Security grants. If any portion of the training course occurs outside of the classroom, an Environmental & Historic Preservation (EHP) approval must be obtained from FEMA/Cal OES prior to delivery of the course. The EHP approval is location specific and if an EHP approval is required, one must be obtained for each location where the course is delivered. It shall be the responsibility of the Proposer to complete all of the forms and documentation necessary to obtain the required approvals. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals. E. Contractor shall provide all required training material, handouts, course syllabus and/or written curriculum. F. Contractor shall collect written survey comments/course evaluations from participants at the conclusion of every course offered. Survey/course evaluations will be conducted in a manner specified by the City. A standardized course survey form will be provided to the successful proposers. A record of responses shall be maintained throughout the term of the agreement by Contractor, and organized by training course, date, instructor, etc. Frequently mentioned comments shall be reported to City Project Manager. Electronic reporting shall be made available to the City upon request. G. The City reserves the right to cancel training courses with fourteen (14) calendar days' notice of delivery date. City shall not be charged for the class, travel costs, or training materials by Contractor if cancellation occurs within this period. H. Contractor shall provide and assign high quality instructors on a consistent basis to deliver the specified courses. All instructors shall use the methods suggested by the training protocols established, such as maintaining and updating each training syllabus; introducing and following objectives for each class; completing training as described; and utilizing training aids such as audio/visual systems. Contractor and all its instructors shall provide immediate feedback to the City via the ASAUA Homeland Security Regional Training and Exercise Program Manger regarding all customer requests for new or additional services or to file complaints. K. Contractor will be paid for services rendered. Training days are generally eight (8) hours long (e.g. 8AM-5PM), including a one (1) hour lunch break. Schedule should include regular breaks on a 50/10 break ratio — for every fifty (50) minutes of instruction, there should be a ten (10) minute break. Half days are defined as four (4) hours or less of curriculum. Training venues may be provided by the City or by hosting agencies based on the needs of the course. Contractor must be able to secure training sites at any of the jurisdictions within the ASAUA. 23-11 nA r.-77r, FnC. nna ng ,o , 9 ns Training Sew ises Rage 18 of 42 City Council 27 — 52 11/21/2023 CITY OF SANTA ANA M. All Contractor -developed courses must be approved by California Office of Emergency Services (Cal OES) for reimbursement under the Homeland Security Grant Program prior to delivery. It is the responsibility of the Contractor to prepare all forms and documentation necessary to obtain all course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals. N. The anticipated start date of this agreement is Summer of 2023. Usage under this agreement will begin at this time. O. Depending on the training or exercise, Contractor's instrUctors and courses may be required to be California Peace Officer Standards & Training (POST) certified or California State Fire Marshal approved. It shall be the responsibility of the Contractor to obtain all POSTcertifications and California State Fire Marshal course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for certifications and approval. The City shall not be billed for any costs associated with obtaining these certifications and approvals. P. A list of "approved" courses is available from Cal OES at www.caloes.ca.gov and a list of Federal Emergency Management Agency (FEMA) approved classes is available at www.fema.gov/training Q. Contractors are responsible for providing all course materials and delivering it to the site(s) of all training at their cost. R. Contractor must work with the ASAUA Homeland Security Regional Training and Exercise Program Manager and requesting agencies to coordinate the training calendar and venue. S. When required, Contractor must obtain the applicable certifications for developed courses before training begins. The need for certification will be determined by the ASAUA Training & Exercise Program Manager. It shall be the responsibility of the Contractor to complete all forms and documentation necessary to obtain the required certifications at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications. T. Contractor will be required to obtain Emergency Medical Association (EMA) or Emergency Management Institute (EMI) certification on developed courses at its cost if the course content contains materials that require state and/or federal certification. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Contractor with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications. U. Contractor may not charge the City for materials brought to the class that are not utilized. V. Proposers may be selected to provide training based on their expertise within a specific discipline. • G-775: EOC Management and Operations W. Contractors shall ensure that training participants are members of agencies or organizations located or operating within the ASAUA, or have been approved by the ASAUA Training & Exercise Program Manager or his designee. 23_11nA hA­qP t a. Qpo t,gpr Training Services Reg& 49 of42 City Council 27 — 53 11/21/2023 CITY OF SANTA ANA X. Contractor shall ensure that, when required, an Environmental Historic Preservation (EHP) approval has been issued to the ASAUA before delivery of the training course. It shall be the responsibility of the Proposer to complete all forms and documentation necessary to obtain the required EHP approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals. 2. DELIVERABLES / REPORTS FOR TRAINING COURSES A. Course Surveys / Evaluations Course surveys/evaluations results will be tabulated and scored by Contractor. Summary of the results will be provided to the ASAUA Training & Exercise Program Manager. Completed course survey/evaluation forms will be provided to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course. B. Contractor must provide course flyers for all training courses to be delivered at its cost. C. Contractor must provide to the ASAUA Training & Exercise Program Manager all rosters and sign -in sheets upon completion of the training course for all training courses delivered. Contractor shall maintain a record of all original and electronic copies of all sign -in sheets. D. Contractor shall provide certificates of completion to all students that successfully complete a training course at the conclusion of the training course and provide copies of the certificates to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course. Contractor shall maintain a record of all certificates provided students. QUANTITIES FOR TRAINING COURSES Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied. II. PRICING FOR TRAINING COURSES A. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of such lower price shall be extended to the City. B. All prices are to be F.O.B. destination. Any freight/delivery charges are to be included. C. All prices quoted shall be in United States dollars and "whole cent," no cent fractions shall be used. There are no exceptions. D. Pricing shall include any and all payment incentives available to the City. E. Proposers are advised that in the evaluation of costs, if applicable, it will be assumed the unit price quoted is correct in the case of a discrepancy between the unit price and an extension. F. Federal and State minimum wage laws apply. The City has no requirements for living wages. The City is not imposing any additional requirements regarding wages. III. AWARD FOR TRAINING COURSES 23-11 OA (� 77F Fnc nnana9amcnf R Op—tinnc T—ining coy„ Gn, Rase 29 @ 2 City Council 27 — 54 11/21/2023 CITY OF SANTA ANA A. City reserves the right to reject any or all responses that materially differ from any terms contained in this RFP, from any Exhibits attached hereto, or from any subsequent addenda; to waive informalities and minor irregularities in responses received; and to provide an opportunity for Proposers to correct minor and immaterial errors contained in their submissions. The decision as to what constitutes a minor irregularity shall be made solely at the discretion of the City. B. The City reserves the right to award an agreement to a single Proposer or multiple Proposers. C. The City has the right to decline to award an agreement or any part thereof for any reason. D. City Council approval to award an Agreement pursuant to this RFP will be required. E. Any agreement must be negotiated, finalized, and approved by the recommend Contractor prior to City Council approval. F. RFP specifications, terms, conditions, and Exhibits, RFP Addenda, and Proposals, may be incorporated into and made a part of any agreement that may be awarded as a result of this RFP. IV. INVOICING FOR TRAINING COURSES A. Proposer shall invoice the City, unless otherwise advised, upon satisfactory receipt of performance of services. B. City will use best efforts to make payments within thirty (30) days following receipt and review of invoice and upon complete satisfactory receipt of performance of services. C. Invoices shall be emailed to: Sgt. Ricardo Diaz Santa Ana Police Department Email: RDiaz(c�santa ana.org D. City shall notify Proposer of any adjustments required to invoices. E. Invoices shall include, at minimum: • City PO number (if applicable); • Invoice number; • Agreement number; • Remit to address; • Itemized services; • Course description • Pricing as per agreement; • Instructor name; • Number of participants; • Course date(s); and • Shall be accompanied by acceptable proof of delivery. F. Proposer shall utilize standardized invoices upon request. V. ACCOUNT MANAGER / SUPPORT STAFF FOR TRAINING COURSES 23-110A G-775 EOC Management K OneratYnnc Trainin8 gf-rAJrPC p-ger21-9442 City Council 27 — 55 11/21/2023 CITY OF SANTA ANA A. Proposer shall provide a dedicated, competent Account Manager who shall be responsible for the City's account / agreement. The Account Manager shall receive all orders from the City and shall be the primary contact for all issues regarding the Proposer's response to this RFP and any agreement which may arise pursuant to this RFP. B. Proposer shall also provide adequate, competent support staff that shall be able to service the City during the working hours of 7:OOAM — 5:OOPM PST, Monday through Friday .Such representative(s) shall be knowledgeable about the agreement, training offered, and able to identify and resolve quickly any issues included, but not limited to order and invoicing problems. C. Contractor's Account Manager shall be familiar with City requirements and standards and work with the City to ensure that established standards are adhered to. D. Contractor's Account Manager shall keep the City and ASAUA Training & Exercise Program Manager informed of requests from departments. 23-110A G-775 EOC Management & Operations Trainina Services Pw9 00 of A City Council 27 — 56 11/21/2023 EXHIBIT B INURTA Utility Response Training Associates, LLC Contents b. Services Provided...................................................................................................................................... 2 Assumptions.............................................................................................................................................. 2 c. Agreement Statement............................................................................................................................... 3 d. Firm and Team Experience........................................................................................................................3 i. Company Information............................................................................................................................3 ii. Company Headquarters and Office Location ....................... .............................. ,.................................. 3 iii. Project Manager.............................................................................................................................„ ..3 iv. Resumes...................................................................................................,.................................,.........4 e. Proposed Work Plan.............................................................. .................................................. ,................. 4 i. Approach................................................................................................................................................4 ii. Suggestions or concerns........................................................................................................................ 4 iii. Deliverables and implementation plan...................................................,............................................4 CostProposal.................................................................................................................................................5 VIICertifications............................................................................................................................................6 URTA, LLC Resumes.....................................................................................................................................3.4 b. Services Provides! URTA, LLC will provide up to ten CSTI Certified G-775 courses, The first class will be no later than January 31, 2024. • Number of Deliveries Being Requested: Up to 10 • Number of Students per Delivery: Minimum of 16 students URTA will provide: • Two CSTI Certified Instructors • All course printed materials • A laptop with course presentation materials on it. • URTA maintains several staff members in Southern California to support City training. We can also meet in person or virtually on short notice. Assumptions The City of Santa Ana and the Anaheim/Santa Ana Urban Area City will provide: • Classroom with space to arrange students in groups. • Audio/Visual Equipment URTALLC- P.O. Box 101, Oak View, CA 93022 City Council 27 — 57 11/21/2023 NURTA ire ,aew,ye o.w..iw�W�a, Utility Response Training Associates, LLC • Multiple easels, dry erase board, and markers • Responsibilities of the Training Provider: • Classroom logistics to City desired standards to include drinking water, coffee and any other normal materials. URTALLC- P.O. Box 101, Oak View, CA 93022 City Council 27 — 58 11/21/2023 ®URTA Utility Response Training Associates, LLC Contents b. Services Provided...................................................................................................................................... 2 Assumptions................................................................................................,.,........................................... 2 c. Agreement Statement...............................................................................................................................3 d. Firm and Team Experience........................................................................................................................3 i. Company Information............................................................................................................................3 ii. Company Headquarters and Office Location........................................................................................3 iii. Project Manager...................................................................................................................................3 iv. Resumes...............................................................................................................................................4 e. Proposed Work Plan.......................................................................................,..,..,...,........ i. Approach................................................................................................................................................4 ii. Suggestions or concerns...-.. ........................................ ......... ............................... .............. 4 iii. Deliverables and implementation plan................................................................................................4 CostProposal.................................................................................................................................................5 VIICertifications......................................................................... 6 URTA, LLC Resumes.....................................................................................................................................14 b. Services Provided URTA, LLC will provide up to ten CST] Certified G-191: ICS/EOC Interface Workshops, The first class will be no later than January 31, 2024. • Number of Deliveries Being Requested: Up to 10 • Number of Students per Delivery: Minimum of 16 students URTA will provide: • Two CSTI Certified Instructors • All course printed materials • A laptop with course presentation materials on it. • URTA maintains several staff members in Southern California to support City training. We can also meet in person or virtually on short notice. Assumptions The City of Santa Ana and the Anaheim/Santa Ana Urban Area City will provide: • Classroom with space to arrange students in groups. • Audio/Visual Equipment URTALLC- P.O. Box 101, Oak View, CA 93022 City Council 27 — 59 11/21/2023 'UPTA Utility Response Training Associates, LLC • Multiple easels, dry erase board, and markers • Responsibilities of the Training Provider: • Classroom logistics to City desired standards to include drinking water, coffee and any other normal materials. URTALLC- P.O. Box 101, Oak View, CA 93022 City Council 27 — 60 11/21/2023 oUPTA Utility Response Training Associates, LLC Cost Proposal The all-inclusive proposed cost for RFP 23-112A is: Virtual courses • Single delivery in a virtual format with electronic course materials provided- $3,500. • Ten deliveries in a virtual format with electronic course materials provided- $35,000. In -Person courses Single delivery in person with printed course materials- $5,040. Ten deliveries in person with printed course materials- $50,400. This quote is valid until August 23, 2024. URTALLC- P.O. Box 101, Oak View, CA 93022 City Council 27 — 61 11/21/2023 WoURTA .,, -, Cost Proposal The all-inclusive proposed cost for RFP 23-112A is: Virtual courses Utility Response Training Associates, LLC • Single delivery in a virtual format with electronic course materials provided- $7080. • Ten deliveries in a virtual format with electronic course materials provided- $70,800. In -Person courses Single delivery in person with printed course materials- $8,420. Ten deliveries in person with printed course materials- $84,200. This quote is valid until August 23, 2024. URTALLC- P.O. Box 101, Oak View, CA 93022 City Council 27 — 62 11/21/2023 Police Department www.santa-ana.org/pol ice Item # 28 ram`' City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: FY2022 Urban Area Security Initiative Program Additional Funding AGENDA TITLE Adopt a Resolution, Approve a Memorandum of Understanding and Appropriation Adjustment Accepting Additional FY 2022 Urban Area Security Initiative Grant Program Funds (Non -General Fund) RECOMMENDED ACTION 1. Adopt a resolution authorizing and directing the City Manager and the Chief of Police or their designee(s) to accept an additional $105,000 in FY 2022 Urban Area Security Initiative Funding, increasing the sub -recipient award from $1,822,800 to $1,927,800. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING ADDITIONAL FY2022 URBAN AREA SECURITY INITIATIVE SUB -RECIPIENT FUNDING AND APPROPRIATION ADJUSTMENT 2. Approve an Appropriation Adjustment recognizing an additional $105,000 in grant revenue from the FY 2022 Urban Area Security Initiative funding program revenue account and appropriate same to the FY 2022 Urban Area Security Initiative Program Grant expenditures accounts. (Requires five affirmative votes). 3. Authorize the City Manager and the Chief of Police to execute the Memorandum of Understanding with the City of Anaheim for the FY 2022 Urban Area Security Initiative Grant Program, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Urban Area Security Initiative (UASI) program is approved by Congress through the Consolidated Appropriations Act of 2022, and implemented by the U.S. Department of City Council 28 — 1 11/21/2023 FY2022 Urban Area Security Initiative Program Additional Funding November 21, 2023 Page 2 Homeland Security (DHS) through the Federal Emergency Management Agency (FEMA), to assist high -density urban areas to strengthen the nation's communities against potential terrorist attacks and other hazards. The UASI program provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for training, planning, equipment, exercises, and technical assistance. In FY 2006 the DHS established a combined UASI in the Orange County Urban Area called the Anaheim/Santa Ana Urban Area (ASAUA) UASI. The City of Santa Ana now shares grant administrative responsibilities with the City of Anaheim, annually alternating the function of lead administrative agency. The City of Anaheim is the lead agency for FY 2022 funding and is therefore the UASI Sub -Grantee, with Santa Ana designated as a sub -recipient through Anaheim. The Santa Ana Police Department has worked with the City of Anaheim, the County of Orange, and cities within the Anaheim/Santa Ana Urban Area to determine current capabilities and needs and have established goals and objectives for the Anaheim/Santa Ana Urban Area. The City of Santa Ana will work in collaboration with the City of Anaheim to implement complementary strategies for responding to acts of terrorism. The FY 2022 funds will support the Homeland Security Training & Exercise Program to enhance capabilities across multiple disciplines and jurisdictions in areas such as active shooter, mass gathering and civil disturbances, cyber security, emergency management, and advanced life-saving techniques. This appropriation adjustment will add $105,000 to the current grant award of $1,822,800 previously approved by City Council on October 17, 2023, for a new total grant award of $1,927,800. The additional funding will be used to support regional exercise and regional training programs. The Memorandum of Understanding being presented for approval was inadvertently excluded from the October 17, 2023 staff report. FISCAL IMPACT Approval of the appropriation adjustment will recognize $105,000 in the FY 2022 Urban Area Security Initiative revenue account (no. 12514002-52001) and appropriate same to the Urban Area Security Initiative expenditure account for projected expenditure as follows: Fiscal Accounting Unit Fund Accounting Unit — Year — Account No. Description Account No. Amount Description UASI Cal OES FY 23-24 12514491- OES UASI Anaheim, Contract $ 105,000 62300 Services Professional Total $ 105,000 City Council 28 — 2 11/21/2023 FY2022 Urban Area Security Initiative Program Additional Funding November 21, 2023 Page 3 The amount shown above is an estimate based on projected grant projects. Any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carryovers to the subsequent fiscal year. EXHIBIT(S) 1. Resolution 2. FY 2022 Award Amendment #1 3. FY 2022 Memorandum of Understanding Submitted By: Robert Rodriguez, Acting Police Chief Approved By: Steven A. Mendoza, Acting City Manager City Council 28 — 3 11/21/2023 Exhibit 1 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING ADDITIONAL FY2022 URBAN AREA SECURITY INITIATIVE SUB -RECIPIENT FUNDING AND APPROPRIATION ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The United States Department of Homeland Security has developed the Urban Areas Security Initiative funding program (UASI). UASI provides funds to local emergency first responders to purchase equipment, planning, training, exercises and technical assistance to enhance security and preparedness to prevent, respond to, and recover from acts of terrorism. B. In FY 2006, the United States Department of Homeland Security combined the Anaheim and Santa Ana Urban Areas into a single Urban Area, and provided for shared administrative responsibilities between Santa Ana and Anaheim. In FY 2022, Anaheim will be the lead administrative agency for UASI funding. C. On October 17, 2023, the City of Santa Ana recognized a funding award from the City of Anaheim for the in FY 2022 Urban Area Security Initiative in the amount of $1,822,800. D The City of Santa Ana was notified that additional funds have been awarded from the City of Anaheim for fiscal year 2022 UASI in the amount of $105,000. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and the Chief of Police or their designee(s) to accept an additional $105,000 in FY 2022 Urban Areas Security Initiative funding, increasing the sub -recipient award from $1,822,800 to $1,927,800. City Council 28 — 4 eso u iR f 2 Section 3. The City Council of the City of Santa Ana hereby approves an Appropriation Adjustment recognizing the FY 2022 Urban Area Security Initiative in the additional amount of $105,000 and appropriates the same in the FY 2022 Urban Area Security Initiative Program Grant expenditure accounts. 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 21St day of November, 2023. Valerie Amezcua Mayor APPROVED AS TO FORM: Soni' r By: Tamara ogosian Sr. Assistant City Attorney /_\'A W 1i -emu NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on November 21, 2023. Date: Clerk of the Council City of Santa Ana Se% 944 1�f oiin i 28 — 5 11 /21 /2023 Pa 9 Exhibit 2 FY2022 URBAN AREAS SECURITY INITIATIVE (UASI) GRANT SUB -RECIPIENT AWARD AMENDMENT Federal Grant # 2022-0043 Cal OES Grant # UEI # KZE9G2M4GRX9 059-95010 Amendment # 1 Sub -Recipient Performance Period 08/09/2023 to 03/31/2025 This amendment is between the City of Anaheim and the Grant Sub -Recipient: City of Santa Ana The Sub -Recipient agrees to the amendment of the Grant Sub -Recipient Award Agreement as specified below: Increase the FY2022 UASI sub -recipient award to the City of Santa Ana from $1,822,800, $1,927,800.00 as follows: 022 — Regional Exercise Program (Cybersecurity Tabletop Exercise) - $30,000.00 043 — Regional Training Program (Terrorism I, II, and III) - $75,000.00 All other provisions of this agreement shall remain as previously agreed upon. Please refer to the FY22 ASAUA Sub -Recipient Grant Guide for all reporting and reimbursement deadlines associated with the sub -award agreement. Richard LaRochelle, Jr. - Lieutenant City of Anaheim AUTHORIZED AGENT r- Y 1 L) - 27- Authorized Signa ur Date \J T D C If I E F Q F Printed Name Title CFDA #97.RtY COUnCII Grant #2022 �43 6 a� ClUES ID�#059-95010 Exhibit 3 Cities of Anaheim and Santa Ana Memorandum of Understanding Urban Areas Security Initiative 2022 1?6 CO INTRODUCTION Since 2004, the federal Department of Homeland Security (DHS), through the State of California's Office of Homeland Security (OHS), now known as California Office of Emergency Services (CalOES), as the State Administrative Agency (SAA), has designated the Cities of Anaheim and Santa Ana (hereafter referred to as "the Cities") as Urban Areas and awarded each jurisdiction grants under the Urban Areas Security Initiative (UASI). UASI Grants have been awarded yearly since 2004 with each cycle having a performance period of approximately two years. In the 2004 and 2005 grant cycles, DHS awarded the funds and subsequently required a Homeland Security Strategy from each of the Urban Areas. Anaheim and Santa Ana submitted a joint Strategy which ultimately formed the basis for Orange County's overall terrorism preparedness efforts. In addition, DHS required an Initial Strategy Implementation Plan (ISIP) as an overview of how the Cities planned to spend UASI grant funds. The Strategy and the ISIP were approved for both grant cycles and project development and implementation is ongoing. 2. Starting with the 2006 grant cycle and with subsequent grant cycles, and at the direction of Congress, DHS has redefined the criteria by which Homeland Security funds are awarded under the UASI. In addition to population and population density, DHS mandates that funds be distributed based upon risk and need. Additionally, as part of the funding process, the latter grant cycles require a competitive application process and the development of Investment Justifications to define how the Urban Areas intend to spend requested funds. These changes make it clear that a city's or cities' eligibility as high -risk destination is only the beginning of the analysis. The analysis then has to consider what needs the cities are going to address with the particular investments proposed. Only when the investment is justified will the money flow to the cities that are otherwise eligible. This process ensures that not only is DHS allocating funding based on risk and need, but that the funding is being used to build the regional critical capabilities consistent with DHS goals and priorities. 3. The Cities elected to define each Urban Area broadly to include all jurisdictions in the county, as well as key disciplines, such as Health, Law, Fire, Emergency Management and others as defined by DHS. Thus far, the grants have been individually awarded to, and managed in all respects by, each City (Anaheim and Santa Ana). The Cities have collaborated with the County of Orange and all other City Council 28 — 7 11/21/2023 jurisdictions to form a partnership that has garnered acclaim from DHS, CaIOES and Congress. The Cities have formed a true partnership with all stakeholders in the county and have collaborated to enhance overall preparedness levels, at all times focusing on mitigating risk and improving consequence management for the most critical infrastructure and targets as ultimately identified in the Countywide Strategic Plan for Terrorism Preparedness. 4. Starting in fiscal year 2006, the Cities joined together and became one UASI. With this came the requirement that one of the two UASI jurisdictions be designated as the Single Point of Contact for purposes of the grant application and financial management of the grant. The Cities wish to continue their collaborative effort with the 2022 UASI Grant. The 2022 grant guidelines require formalization of the current Orange County structure for determining the focus of grant fund spending, which includes the use of the Urban Area Working Group to obtain input in developing investment areas and specific projects to be funded. This process and input, which is consistent with the process used in previous grant years, will assist the City Managers of Anaheim and Santa Ana, as well as Orange County's Chief Executive Officer, in making the final decisions with respect to grant expenditures. OBJECTIVE AND SCOPE In recognition of the 2022 Urban Areas Security Initiative grant purpose, guidelines, and requirements, the Cities of Anaheim and Santa Ana wish to continue their strategic partnership with each other, as well as with the County of Orange, all jurisdictions in the county, and the stakeholder groups and disciplines that have thus far resulted in a successful and acclaimed effort to reduce risk, mitigate vulnerabilities and manage consequences related to a terrorism incident or threat. In addition, the Cities wish to fulfill the requirements of DHS and Congress that all grant funds be distributed through a funding program dedicated to a risk -based set of priorities, in which the Cities and their partners will develop investment areas and projects that address the highest risks, thus demonstrating their ability to effectively and efficiently spend grant funds in a systematic and focused manner. Therefore, the Cities of Anaheim and Santa Ana agree as follows: 1. Investment areas and projects will be developed as in previous years, consistent with Orange County's Homeland Security Strategy, and with input from the Urban Area Working Group, 2, The City of Anaheim will be designated as the Single Point of Contact (SPC) for the 2022 UASI grant, Cities of Anaheim and Santa Ana Urban Areas Security Initiative 2022 MOU Page 2 of 8 City Council 28 — 8 11/21/2023 3. The SPC's responsibilities will include serving as the application lead; financial and reporting management; and coordination of grant requirements with CalEMA and DHS for the duration of the 2022 grant cycle. 4. Future SPC responsibilities will be negotiated and agreed upon by the Cities when future grant cycles are announced. 5. This MOU has been submitted for review to CalOES, which fully supports and approves of this arrangement. Agreed, Jim, �nddrpa I, City Hager City of Ana'heifrt See attached signature page Kristine Ridge, City Manager City of Santa Ana 147179 APPROVED AS TO FO"fi,, AN El CI A ORNIIW 'SOPFICE r City Clerk d) L De e Date Cites of Anaheim and Santa Ana Urban Areas Security Initiative 2022 MOU pave B OF 9 City Council 28 — 9 11/21/2023 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: I A� TAMARA BOGOSIAN Senior Assistant City Attorney CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager RECOMMENDED FOR APPROVAL: FOR CHIEF VALENTIN DAVID VALE Chief of Police City Council 28 — 10 11/21/2023 Public Works Agency www.santa-ana.org/public-works Item # 29 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Measure M2 Comprehensive Transportation Program AGENDA TITLE Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 2024-25 Measure M2 Comprehensive Transportation Funding Program (Non -General Fund) RECOMMENDED ACTION 1. Adopt resolutions authorizing the City of Santa Ana to submit applications for funding consideration under the Measure M2 Comprehensive Transportation Funding Program 2024-25 Call for Projects. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE REGIONAL TRAFFIC SIGNAL 62001Iy:I:1*]0111 FO_1IIIM011W:Tolel:L1ul 2. Direct staff to incorporate approved Comprehensive Transportation Funding Program projects into the Seven -Year Capital Improvement Program for Fiscal Year 2024-25. GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The Orange County Transportation Authority (OCTA) issued a Call for Projects under the Measure M2 Comprehensive Transportation Funding Program (CTFP) Fiscal Year (FY) 2024-25. Approximately $32 million will be available for award on a countywide, competitive basis via the Regional Capacity Program (Project O) for Arterial Capacity Enhancements (ACE) and Intersection Capacity Enhancements (ICE) and the Regional City Council 29 — 1 11/21/2023 Measure M2 Comprehensive Transportation Program November 21, 2023 Page 2 Traffic Signal Synchronization Program (Project P). The CTFP is the mechanism by which OCTA administers competitive funding for streets and roads projects. The City will submit applications totaling $41,112,981 in grant funding requests, which includes all project phases, and requires a local match commitment of 25% for both ACE and ICE programs and 20% for Project P. If awarded, existing and future local funding sources, including but not limited to, Transportation System Improvement Area funds (TSIA), Gas Tax funds, and Measure M2 Fairshare funds, will be used to provide the required matching funds for the recommended projects to be budgeted in the FY 2024-25 Capital Improvement Program (CIP). RECOMMENDED PROJECTS CTFP TYPE PHASE GRANT REQUEST FY Dyer Street Improvements (55 Freeway — ACE Design/ROW/ $36,465,757 24-25 700' E/O Pullman) Construction Kraemer Boulevard/ Glassell Street/ Design/ Grand Avenue Corridor Traffic Signal Project P Construction $4,647,224* 24-25 Synchronization *Santa Ana is the lead agency for this multi -agency grant. The total grant request is $4, 647, 224, which includes Santa Ana's total grant request of $1,525,106. Given the need for the street improvements and the project eligibility requirements defined by OCTA, Staff recommends that the City Council adopt two Resolutions (Exhibits 1 and 2) authorizing submittal of the Project O and Project P CTFP application for funding consideration, as well as direct staff to incorporate approved projects into the FY 2024 Seven -Year CIP. FISCAL IMPACT There is no fiscal impact associated with this action at this time. The City will recognize grant award revenue, inclusive of required City local match, through future Council action during the FY 2023-24 CIP budget programing cycle. In the event both of the recommended projects are awarded, the table below provides a breakdown of the total potential funding for the identified projects: CTFP CITY RECOMMENDED PROJECTS CTFP TYPE PHASE GRANT MATCH FY FUNDS FUNDS Dyer Street Improvements (55 Freeway ACE Design/ROW/Co $27 349,318 $9,116,439 24-25 — 700' E/O Pullman) nstruction Kraemer Boulevard/ Glassell Street/ Design/ $381,276 Grand Avenue Corridor Traffic Signal Project P Construction $1,525,106* 24-25 Synchronization *Santa Ana is the lead agency for this multi -agency grant. The total grant request is $4, 647, 224, which includes Santa Ana's total grant request of $1,525,106. City Council 29 — 2 11/21/2023 Measure M2 Comprehensive Transportation Program November 21, 2023 Page 3 EXHIBIT(S) 1. FY 23-24 CTFP Call for Projects — Project O Resolution 2. FY 23-24 CTFP Call for Projects — Project P Resolution Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager City Council 29 — 3 11/21/2023 EXHIBIT 1 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana desires to implement the transportation improvements listed below. B. The City of Santa Ana has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M2 "Fair Share" funds. C. The City of Santa Ana's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways. D. The City of Santa Ana will not use Measure M2 funds to supplant Developer Fees or other commitments. E. The City of Santa Ana must include all projects funded by M2 Net Revenues in its seven-year Capital Improvement Program, as part of the Measure M2 Ordinance eligibility requirements. F. The City of Santa Ana will provide a minimum of 25% matching funds for the Project O projects as required by the Orange County Comprehensive Transportation Funding Programs Guidelines. G. The Orange County Transportation Authority intends to allocate funds for transportation improvement projects, if approved, within the incorporated cities and the County. H. The City of Santa Ana authorizes a formal amendment to the seven-year Capital Improvement Program to add projects approved for Measure M2 funding upon approval from the Orange County Transportation Authority Board of Directors, if necessary. Resolution No. 2023-XXX City Council 29 — 4 11 /21 /2 2T " Section 2. The City Council of the City of Santa Ana hereby approves the formal submissions of the projects described below to the Orange County Transportation Authority for funding under the OCTA's Comprehensive Transportation Funding Program and requests that the OCTA allocate funds in the amounts specified in the City of Santa Ana's submissions. Said funds shall be matched by funds from the City of Santa Ana as required and shall be used as supplemental funding to aid the City of Santa Ana in the improvement of the following street(s). "ACE" shall mean Arterial Capacity Enhancement and "ICE" shall mean Intersection Capacity Enhancements. PROJECT PROGRAM FY Dyer Street Improvements (55 Freeway - 700' E/O Pullman) ACE 24/25 Section 3. The City Council of the City of Santa Ana appoints the City Manager, or the Executive Director of the Public Works Agency or his or her designee, as agent for the City of Santa Ana to conduct all negotiations, and execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for allocation of the requested funds to Santa Ana. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2023. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Assistant City Attorney Resolution No. 2023-XXX City Council 29 — 5 11 /21/2M 13 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Jennifer L. Hall, do hereby certify the attached Resolution No. 2023- to be the original resolution adopted by the City Council of the City of Santa Ana on , 2023. Date: City Clerk City of Santa Ana Resolution No. 2023-XXX City Council 29 — 6 11/21/2 03 " EXHIBIT 2 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Measure M2 Regional Traffic Signal Synchronization Program targets over 2,000 signalized intersections across Orange County to maintain traffic signal synchronization, improve traffic flow, and reduce congestion across jurisdictions. B. The City of Santa Ana has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive revenues as part of Measure M2. C. The City of Santa Ana must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirement. D. The City of Santa Ana authorizes a formal amendment to the seven-year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors, if necessary. E. The City of Santa Ana has currently adopted a Local Signal Synchronization Plan consistent with the Regional Traffic Signal Synchronization Master Plan as a key component of local agencies' efforts to synchronizing traffic signals across local agencies' boundaries. F. The City of Santa Ana will provide matching funds for each project as required by the Comprehensive Transportation Funding Programs Procedures Manual. G. The City of Santa Ana will not use Renewed Measure M funds to supplant Developer Fees or other commitments. Resolution No. 2023-XXX Page 1 of 3 City Council 29 — 7 11/21/2023 G. The City of Santa Ana desires to implement multi jurisdictional signal synchronization listed below. Section 2. The City Council of the City of Santa Ana hereby approves the formal submissions of the projects described below to the Orange County Transportation Authority for funding under the OCTA's Regional Traffic Signal Synchronization Program and requests that the OCTA allocate funds in the amounts specified in the City's submissions. Said funds shall be matched by funds from Santa Ana as required and shall be used as supplemental funding to aid the City in signal synchronization along the following street(s): PROJECT PROGRAM FY Kraemer Boulevard, Glassell Street, Grand Avenue (KGG) Traffic RTSSP 24/25 Signal Synchronization Section 3. The City Council of the City of Santa Ana appoints the City Manager, or his or her designee, as agent for the City of Santa Ana to conduct all negotiations, and execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for allocation of the requested funds to Santa Ana. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2023. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Assistant City Attorney Resolution No. 2023-XXX Page 2 of 3 City Council 29 — 8 11/21/2023 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby certify the attached Resolution No. 2023- to be the original resolution adopted by the City Council of the City of Santa Ana on , 2023. Date: City Clerk City of Santa Ana Resolution No. 2023-XXX Page 3 of 3 City Council 29 — 9 11/21/2023 Public Works Agency www.santa-ana.org/public-works Item # 30 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Resolution to Carry Over Existing Funds to the 2025 Federal Transportation Improvement Program AGENDA TITLE Resolution and Authorization to Carry Over Grant Funds to the 2025 Federal Transportation Improvement Program as required by Funding Agency RECOMMENDED ACTION 1. Authorize the City Manager to submit selected projects to the Orange County Transportation Authority for inclusion into the 2025 Federal Transportation Improvement Program. 2. Adopt a resolution certifying that the City has the resources to fund the projects submitted for inclusion into the 2025-2030 Federal Transportation Improvement Program, and confirm the City's commitment to implement all projects submitted to the program. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THAT THE CITY HAS THE RESOURCES TO FUND PROJECTS IN THE 2023/24-2029/30 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING THE CITY'S COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The recommended actions would authorize the City Manager to request that the Orange County Transportation Authority (OCTA) carry over federally funded projects or projects subject to a federally required action, including regionally significant projects, from the current Federal Transportation Improvement Program (FTIP) to the 2025 FTIP. The federal fund sources for those projects include Active Transportation Program (ATP); Highway Bridge Replacement and Rehabilitation (HBRR); Congestion Mitigation and Air Quality (CMAQ); and Demonstration (DEMO) grant funds. City Council 30 — 1 11/21/2023 Resolution to Carry Over Existing Funds to the 2025 FTIP November 21, 2023 Page 2 The FTIP is the primary programming and implementation process for projects identified in the Regional Transportation Plan (RTP) administered by the Southern California Association of Governments. The FTIP lists projects and identifies funding sources for every regionally significant transportation project that receives federal or state funds. OCTA requested that all agencies countywide carry over all federally funded projects from the existing FTIP to the 2025 FTIP if project completion occurs after 2023. The FTIP carry-over occurs every two years and marks the adoption of the new cycle. To maintain the eligibility of allocated federal funds, the City was required to adopt a resolution (Exhibit 1) listing projects to be included or amended in the FTIP and submit to OCTA by November 30, 2023. Ultimately, the City cannot receive California Transportation Commission funding allocation approval for these projects without the requested Council -approved Resolution. Staff is requesting authorization to carry over the following projects to the 2025 FTIP: CITY OCTA GRANT PROJEC J[P ROJECT CARRY-OVER PROJECT S ffk FUNDING OL . ID TYPE 17-6880 ORA151502 Santa Ana Blvd. & 5th St. Protected Bike Lanes ATP 19-6944 ORA170802 City of Santa Ana -First Street Pedestrian ATP Improvements 19-6948 ORA170803 City of Santa Ana -West Willits Street Protected ATP Bicycle Lanes 19-6951 ORA170804 City of Santa Ana-SRTS Davis Elementary ADA ATP Compliance 18-6906 ORA152210 Bristol Street -Edinger Avenue Class II Bike CMAQ Lanes 18-6908 ORA152212 Bristol Street Protected Bicycle Lanes: Edinger CMAQ to First 18-6912 ORA152213 Citywide Bike Racks CMAQ 11-6741 ORA150003 Bristol Street Improvements: Warner Avenue to DEMO St. Andrew Place 15-6827 ORA170007 Fairview Bridge (Bridge #55C0513) and Street HBRR Improvements 13-6792 ORA150004 Bristol Street Improvements: Civic Center Drive DEMO to Washington Avenue 20-6964 ORA190901 Fremont Elementary and Spurgeon ATP Intermediate SRTS TBD ORA190915 Bristol Street Protected Bike Lanes: Phase II CMAQ Warner Avenue to St. Andrew Place TBD ORA190916 Bristol Street Protected Bike Lanes: St. Andrew CMAQ Place to Edinger Avenue City Council 30 — 2 11/21/2023 Resolution to Carry Over Existing Funds to the 2025 FTIP November 21, 2023 Page 3 CITY OCTA1W GRANT PROJECT PROJECT CARRY-OVER PROJECTS FUNDING . ID �Imj TYPE Bristol Street Protected Bike Lanes: Civic TBD 0RA190917 Center Drive to Washington Avenue CMAQ Bristol Street Protected Bike Lanes: First Street TBD ORA190918 to Civic Center Drive CMAQ TBD 0RA190919 Warner Avenue Protected Bike Lanes CMAQ Raitt Street Protected and Buffered Bike Lane TBD ORA210901 Project ATP TBD H8-12-014 Main Street and 15th Street Intersection Traffic HSSP Si nalization Intersections of 1 st Street at Jackson Street and TBD H8-12-015 5th Street at Euclid Street HSSP FISCAL IMPACT Matching funds for the referenced projects have either already been budgeted and are available for expenditure, or they are programmed to be budgeted in future fiscal years from Accounting Units 14817613, 14817614, 146817615, and 05917660. The projects are in varying stages of completion and for some projects the City Match requirement has been fulfilled. EXHIBIT(S) 1. 2025 FTIP Resolution Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager City Council 30 — 3 11/21/2023 EXHIBIT 1 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THAT THE CITY HAS THE RESOURCES TO FUND THE PROJECTS IN THE 2023/24 - 2029/30 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING THE CITY'S COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City of Santa Ana is located within the six -county metropolitan planning boundaries of the Southern California Association of Governments ("SCAG"). B. SCAG is required under both federal and state law to develop a Federal Transportation Improvement Program ("FTIP") for this region in partnership with the six respective county transportation commissions, including the Orange County Transportation Authority, which administers the FTIP in Orange County. The FTIP is a comprehensive listing of all surface transportation projects proposed over a six -year period that will receive federal funding or are subject to a federally required action. C. The City Council has authorized project submittals to the Orange County Transportation Authority for inclusion in the FTIP, where the City is the lead agency for such projects, and will comply with applicable local, state, and federal provisions, including but not limited to the Federal Transportation Improvement Program, California Environmental Quality Act, National Environmental Policy Act, Americans with Disabilities Act, and Buy America. D. All local agency projects must be carried over to the 2025 FTIP if they will be completed after 2023. E. The City agrees to construct Transportation Control Measures projects where applicable. Section 2. The City Council of the City of Santa Ana hereby certifies that the City has the resources to fund the projects submitted in the 2025 Federal Transportation Improvement Program and affirms the City's commitment to implement these projects, which are as follows: Resolution No. 2023-XXX City Council 30 — 4 11 /21/27 of4 CITY •GRANT PROJECT PROJECT CARRY-OVER PROJECTS J, FUNDING • ID Santa Ana Blvd. & 5th St. Protected Bike TYPE ATP 17-6880 ORA151502 Lanes 19-6944 ORA170802 City of Santa Ana -First Street Pedestrian ATP Improvements 19-6948 ORA170803 City of Santa Ana -West Willits Street ATP Protected Bicycle Lanes 16-2653 ORA170804 City of Santa Ana-SRTS Davis Elementary ATP ADA Compliance 17-6885 ORA151503 Edinger Protected Bike Lanes Project ATP 18-6906 ORA152210 Bristol Street -Edinger Avenue Class II Bike CMAQ Lanes 18-6908 ORA152212 Bristol Street Protected Bicycle Lanes: CMAQ Edinger to First 18-6912 ORA152213 Citywide Bike Racks CMAQ 18-6903 ORA152214 Hazard Avenue Protected Bike Lanes 11-6741 ORA150003 Bristol Street Improvements: Warner Avenue DEMO to St. Andrew Place 15-6827 ORA170007 Fairview Bridge (Bridge #55C0513) and HBRR Street Improvements 13-6792 ORA150004 Bristol Street Improvements: Civic Center DEMO Drive to Washington Avenue 20-6964 ORA190901 Fremont Elementary and Spurgeon ATP Intermediate SRTS 20-6962 ORA190904 McFadden Avenue Protected Bike Lane and ATP Bicycle Boulevard Project 20-6965 ORA190905 Standard Avenue Protected Bike Lane and ATP Protected Intersection Project 20-6971 ORA190919 Warner Avenue Protected Bike Lanes CMAQ 23-6998 ORA210901 Raitt Street Protected and Buffered Bike ATP Lane Project Orange Avenue Bike Lane and Bicycle 24-4609 ORA230802 Boulevard Project ATP 23-6037 ORA232001 Memory Lane and Flower Street Bikeway ATP 212740 18-6918 H8-12-014 Main Street and 15th Street Intersection HSSP Traffic Signalization 18-6919 H8-12-015 Intersections of 1st Street at Jackson Street HSSP and 5th Street at Euclid Street 17-6880 ORA151502 Santa Ana and Fifth Protected Bike Lane ATP Resolution No. 2023-XXX City Council 30 — 5 11/21/2 M " CITY •GRANT PROJECT PROJECT IL CARRY-OVER PROJECTS,.,j FUNDING • ID TYPE TBD ORA190915 Bristol Street Protected Bike Lanes: Phase II CMAQ Warner Avenue to St. Andrew Place TBD ORA190916 Bristol Street Protected Bike Lanes: St. CMAQ Andrew Place to Edinger Avenue TBD ORA190917 Bristol Street Protected Bike Lanes: Civic CMAQ Center Drive to Washington Avenue TBD ORA190918 Bristol Street Protected Bike Lanes: First CMAQ Street to Civic Center Drive Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Valerie Amezcua Mayor 2023. Resolution No. 2023-XXX City Council 30 — 6 11/21/2 03 " CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby certify the attached Resolution No. 2023 - to be the original resolution adopted by the City Council of the City of Santa Ana on , 2023. Date: City Clerk City of Santa Ana Resolution No. 2023-XXX City Council 30 — 7 11/21/2 Ma" Planning and Building Agency www.anta-ana.org/planning-and-building Item # 31 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 Topic: Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.) AGENDA TITLE Density Bonus Agreement No. 2023-02 to Facilitate the Construction of a Rental Residential Development Consisting of 22 Apartment Units, with Two Units Proposed as Affordable to Very Low Income Households RECOMMENDED ACTION 1. Adopt a resolution approving Density Bonus No. 2023-02 as conditioned. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2023-02 AS CONDITIONED FOR A NEW RENTAL RESIDENTIAL DEVELOPMENT WITH TWENTY-TWO UNITS FOR THE PROPERTY LOCATED AT 322 NORTH HARBOR BOULEVARD (APN: 198-051-17) (includes determination that no additional environmental review will be required in accordance with the California Environmental Quality Act as a Notice of Exemption, Environmental Review No. 2022-12 will be filed for this project) 2. Authorize the City Manager to execute a Density Bonus Agreement with P&P Bros Corp., for a 55-year term, for a rental residential development consisting of 22 apartment units, with two units proposed as affordable to very low income households at 322 N. Harbor Boulevard, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). GOVERNMENT CODE §84308 APPLIES: Yes EXECUTIVE SUMMARY The Jager Company, Ltd. (applicant), on behalf of P&P Bros Corp. (property owner), is requesting approval of Density Bonus Agreement (DBA) No. 2023-02 to allow the construction of a rental residential development consisting of twenty-two (22) apartment units, with two units proposed as affordable to very low income households earning less than 50% of the area median income (AMI), on a 0.34-acre site located at 322 North Harbor Boulevard. As proposed, the project will utilize waivers from development City Council 31 — 1 11/21/2023 Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.) November 21, 2023 Page 2 standards and/or development concessions through the density bonus agreement pursuant to California Government Code Sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Section 41-1600 through 41-1607. Moreover, the project requires approval by the Planning Commission and City Council for a density bonus to allow up to 64.71 dwelling units per acre (du/ac). The request satisfies the purpose and intent of the Harbor Mixed Use Corridor Specific Plan (SP2) to provide additional affordable housing stock to an underserved segment of the region's population. As a result, staff recommends approval of the DBA. Planning Commission Action On September 25, 2023, the Planning Commission held a public hearing for the project and unanimously voted to approve Site Plan Review (SPR) No. 2023-02 as conditioned, and to recommend that the City Council approve Density Bonus Agreement No. 2023- 02 with conditions. Following this vote, the item requires City Council approval of the density bonus agreement. DISCUSSION Table 1: Project and Location Information Item Information Project Address and Council Ward 322 N. Harbor Blvd. — Ward 1 Nearest Intersection North Harbor Boulevard and West Fifth Street General Plan Designation Urban Neighborhood -Medium High UN-50 Zoning Designation Corridor (CDR) district within the Harbor Mixed Use Corridor Specific Plan (SP2 Surrounding Land Uses North Commercial East Vacant South Commercial West Multi -Family Residential Property Size 0.34-acres (14,824 square feet) Existing Site Development The site is currently developed with a 1,495 square -foot single story commercial building. Use Permissions Multi -Family Residential (permitted under Corridor district within SP2) Zoning Code Sections Affected Uses Article XVI.I (Density Bonus); CDR, Table 3-2. Permitted Uses Development Standards CDR, Tables 3-3 through 3-9. Project Description The project includes the construction of a new four-story residential building with flats consisting of 22 apartment units, 3,377 square feet of open space, 22 parking spaces, and five bicycle spaces. The residential development will include 18 one -bedroom units, four two -bedroom units, a fitness room, and a community room/leasing office. Each of the 22 units will contain full kitchens, bedrooms, bathrooms, open/common (living) areas, and private decks. Out of the total units in the development, two units are proposed to be affordable to very low income households earning less than 50% of the area median City Council 31 — 2 11/21/2023 Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.) November 21, 2023 Page 3 income (AMI), which is currently set at $71,750, adjusted for a four -person household size, as published by California Department of Housing and Community Development (HCD). The project features a contemporary architectural style similar to many multiple -family or mixed -use residential communities under construction in the region and is complementary to the emerging architectural style in the Specific Plan area. The overall design, massing, features, and materials of the new construction will be compatible with, but differentiated from, the existing neighborhood. The contemporary architectural style would include synthetic exterior board siding, stucco finishes, vinyl frame windows, metal railings for proposed decks, wood framed awnings, split -face CMU walls, and high - quality architectural detailing. Moreover, the structure is designed to fully screen all mechanical equipment within the structure and parapet walls. Overall, the project will include a design and solid construction materials that will ensure that the project ages well for the duration of the building's lifetime. Density Bonus The California Density Bonus (Government Code § 65915 et seq.) law allows developers proposing five or more residential units to seek increases in base density for providing on - site housing units in exchange for providing affordable units on site. To help incentivize constructing on -site affordable units, the law allows developers to seek a density bonus that allows a project to exceed local density restrictions, as specified by state law, and up to three incentives/concessions and an unlimited number of waivers that facilitate production of units, which are essentially variances from development standards that would help the project be built without significant burden and without detriment to public health. The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. In early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to "justify" the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. Pursuant to the California Density Bonus law, a project's affordability level is determined by dividing the number of proposed affordable units by the allowable "base" density (i.e., 50 du/ac). Moreover, the State density bonus law states that units added by a density bonus are excluded from the calculations. As outlined by Table 2 below, the base density for the 0.34-acre site at 50 du/ac is 17 units. Out of the total units in the development, two units are proposed to be affordable to very low income. Therefore, the project would provide eleven -percent (11 %) of the base units for very low income households. As such, State density bonus law allows the developer to request a maximum density bonus of 35%. This would allow a project with a total of 23 units, but the applicant is proposing to develop 22 units on the site. Due to the project's 11 % affordability rate, under Government Code Section 65915, the developer can seek two density bonus concessions and unlimited waivers. City Council 31 — 3 11/21/2023 Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.) November 21, 2023 Page 4 Table 2: Density Bonus Calculation Affordable Unit —11% 2 units)* Density Bonus Calculation Units Allowed Base Density - Stacked Dwelling Building type 0.34 acres x 50 du/ac 17 Units** most "intense" type allowed in CDR 35-Percent State Density Bonus 17 units x 0.35 +6 Units** Total Potential Units 23 Units Proposed Units 22 Units *Affordable unit percentage is calculated excluding units added by a density bonus. **AB 2501 states that any density calculations resulting units shall be rounded up to the next whole number. Applies to: Number of affordable units required to be eligible for the density bonus; Base density i.e. the number of affordable units in the base project); and Eligible bonus units. The purpose of the State's Density Bonus Law is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments. Pursuant to California Government Code Sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny requested concessions and waivers and is preempted from denying the increased density required by the Density Bonus Law. Pursuant to Government Code § 65915 (d)(1), a requested concession or incentive shall be granted unless the City makes written findings, based on substantial evidence of any of the following: (1) the concession or incentive does not result in identifiable and actual cost reductions to provide the proposed affordable housing, (2) the concession or incentive would have a specific, adverse impact on public health and safety, or on any real property listed on the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the project unaffordable to low-income and moderate -income households, or (3) the concession or incentive would be contrary to state or federal law. The Density Bonus Law also constrains the ability to deny requested waivers. Subject to exceptions for projects that receive a waiver from controls on maximum density, Government Code Section 65915 (e)(1) provides that the City cannot apply any development standard that would physically preclude the construction of a development entitled to a density bonus at the increased density or with the concessions or incentives, unless the City makes findings that the waiver would have a specific, adverse impact on public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Although the City has analyzed the project and has identified several areas of concern, the conditions of approval proposed for the project are intended to address any of the project's potential impacts. Table 3 outlines the incentives/concessions and waivers requested by the applicant. City Council 31 —4 11/21/2023 Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.) November 21, 2023 Page 5 Table 3: Requested Incentives/Concessions SP2 Standard Requirement Provided Open Space — Common Open Space - 15% of lot Common Open Space - 5% of lot Minimum Common (2,224 square feet) (800 square feet) Open Space (Stacked Dwelling SP-2, Table 3 Onsite Open Space Requires Concession (1 of 2), Cal. building type) Requirements Gov't Code Sec. 65915 d 1 2 B Building Frontage Requires building to provide a Proposed design does not provide a frontage consistent with the SP2. Type and Floor Frontage Type identified. Requires Concession (2 of 2), Cal. Height SP-2, Table 3-4. Frontage Floor Gov't Code Sec. 65915 (d)(1)(2)(B) Height Minimums and Districts • Lot width required for Stacked . Existing lot width is 100 feet Lot Size/Width Dwellings is between 125 feet and (Stacked Dwelling building type) 200 feet. SP2, Table 3-3. Building Type and Requires Waiver, Cal. Gov't Code Form Sec. 65915 (e)(1) • 800 square feet of open space • Minimum 2/3 of open space is provided that is open to sky, required to be open to the sky deficient 682 square feet; does not Onsite Open Space (1,482 square feet) meet definition of courtyard or (Stacked Dwelling Type) • Designed as courtyard of forecourt. forecourt • Open space that is open to the sky SP-2, Table 3-9. Onsite Open Space is design as a deck Requirements Requires Waiver, Cal. Gov't Code Sec. 65915 (e)(1) Onsite Parking In addition, the site is parked in compliance with California Government Code Section 65915 (p)(2)(A) and provides 22 total surface parking spaces or one space per unit. Per the California Density Bonus Law, a jurisdiction cannot impose a vehicular parking ratio that exceeds 0.5 spaces per unit, inclusive of handicapped and guest parking, when the development includes a minimum of 11 % very low income units, is located within one-half mile of a major transit stop, and when there is unobstructed access to the major transit stop from the development. At one space per unit, the proposed development exceeded the minimum required parking ratio by 0.5 space per unit. Analysis of the Issues Density Bonus Agreement Pursuant to Section 41-1607 of the SAMC, because the applicant requested "deviations" (incentives/concessions and waivers), it was subject to review and approval by the Planning Commission. The Planning Commission approved the application with the following findings: 1. The proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. 2. The development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. City Council 31 — 5 11/21/2023 Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.) November 21, 2023 Page 6 3. The deviation is necessary to make it economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to section 41- 1603. Table 4: Analysis of the Requested Incentives/Concessions (2) and Waivers (2) Standard Analysis Minimum Common Open Table 3-9 (Onsite Open Space Requirements) in the Harbor Mixed -Use Space Requirement Transit Corridor Plan (SP2) requires a minimum of 15% of the lot size to be provided as common open space or plaza space. As proposed, the project provides 5 percent common open space or 800 square feet in the form of a common open deck on the second floor. Strict adherence to this common open space requirement would result in a reduction in the number of units that can be provided in the overall project, thus reducing the applicant's ability to achieving the full 35-percent density bonus to which the applicant is entitled under State Housing Law and affecting the feasibility to construct the project. In order to provide the required common open space and maintain the current proposed unit count, the developer would be required to construct additional floor levels, which would exceed the maximum allowable height as part of the Harbor Mixed Use Transit Corridor Plan (SP-2), and would further increase development costs making the project economically infeasible. To help alleviate the common open space deficiency, the project proposes a 1,477-square-foot community room, a separate fitness room, and an average of 50 square feet of private open space per unit (1,100 square feet total), through use of private balconies/decks for each unit. Building Frontage Type Table 3-4 (Frontage Floor Height Minimums and Districts) of the SP2 indicate and Floor Height that arcade, gallery, shop front, forecourt, stop, and front yard/porch are the six allowed frontage types. As proposed, the project does not identify a frontage type that is consistent with SP2. Maintaining the required frontage type and minimum floor heights would result in a complete site and architectural redesign, involving more of the site area dedicated to the frontages design. In order to maintain the current proposed unit count, the developer would be required to redesign the site and elevation design, further increasing development costs and potentially leading to a loss of residential units, and a loss of further open space. Additionally, adherence to the frontage and floor height minimum requirements would be economically infeasible, as it would require additional cost to provide the materials required for the allowed frontage types. Lot Size/Width (Stacked Table 3-3 (Building Type and Form) of the SP2 required Stacked Dwellings Dwelling building type) to have the minimum lot size dimensions of 130 feet deep and 125-200 feet wide. As proposed, the project is located in a lot with the lot size dimensions of 148.25 feet deep and 100 feet wide. The proposed development is located on an existing lot surrounded by existing commercial and residential development. Specifically, the project is abutting an apartment complex that was first constructed in 1986 to the west and commercial buildings that were constructed in 1962 to the north and south. In order to comply with lot width standards, the developer would be required to purchase a lot to the north or south and demolish the existing City Council 31 — 6 11/21/2023 Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.) November 21, 2023 Page 7 development on either site. This would result in increasing costs and would make the project infeasible. Moreover, the development site and adjacent properties all have smaller than average lot widths, compared lots along north Harbor Boulevard. These lots range in lot depth and width, but most exceed 200 feet in lot width. In comparison, the site would have a lot width and depth of 148.25 feet deep and 100 feet wide, with a deviation of 25 feet for the minimum required lot width. Although the site has a deviation of 25 feet in the lot width, the applicant's stacked dwelling building design still accomplishes the intention of the SP2 by providing a compatible design and balanced composition of massing on the project site, with appropriate interior floor area and individual unit sizes. Onsite Open Space Pursuant to the Open Space Standards in SP2, the total onsite open space (Stacked Dwelling open to the sky must be two-thirds and designed as a courtyard or forecourt. building type) Based on the lot size for the proposed project, the total onsite open space open to the sky should be 1,482 square feet and designed as a courtyard or forecourt. As proposed, the project will have an 800 square -foot deck. As proposed, the project provides 800 square feet of open space that is designed as a deck open to the sky. The deck will be furnished, landscaped, and connected to the interior 1,477-square-foot community room. The proposed configuration would provide a contiguous 2,277 square feet of open space. Strict adherence to the two-thirds requirement would lead to the elimination of two or more units, which would affect the feasibility to construct the project. In order to maintain the current proposed unit count, the developer would be required to construct additional floor levels or required to provide underground parking, which would further increase development costs and make the project financially infeasible. Moreover, due to the site's limited size, the project proposed podium level parking, and the residential units stacked above the podium parking. Creating a courtyard or forecourt, would result in the project reducing the number of units by two or more in order to adhere to the open space standards. When analyzed cumulatively, the requested concessions and waivers could be avoided if the project were designed on a different site or using a different site plan. If the project were designed on a larger site with a multi -level parking and/or subterranean parking structure, or if the applicant used different building materials to construct a taller project on a larger site, additional area on site would become available to provide the open space requirements and the allowed building frontage type. However, these changes would increase development costs, resulting in the housing project becoming financially infeasible due to the significantly increased financial implications of an alternative construction type compared to the relatively smaller scale of the project. In addition, these changes would reduce the number of units that could be constructed on the site and therefore eliminate the affordable housing units that would result from the project. In addition, the changes would increase development costs and reduce the financial feasibility of redeveloping the site, resulting in the affordable housing project becoming financially infeasible due to the significantly increased financial implications. Lastly, the proposed deviations are necessary to make the project economically feasible for the City Council 31 — 7 11/21/2023 Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.) November 21, 2023 Page 8 applicant to utilize a density bonus authorized for the development pursuant to Section 41- 1603 of the SAMC. Affordable Housing Opportunity and Creation Ordinance (AHOCO) The proposed development is subject to the requirements of the City's Affordable Housing Opportunity and Creation Ordinance (AHOCO), which requires rental unit developments to provide a minimum number of affordable units, depending on the proposed affordability level (i.e., low income, very low income, extremely low income, or a combination). In this case, the developer is proposing to provide very low income units. Pursuant to the AHOCO, the applicant is required to provide ten percent (10%) very low income onsite affordable units. Therefore, two very low income units would be required to be provided onsite to be rented for occupancy, or held vacant and available for immediate occupancy, by very low income tenants. The developer is proposing to satisfy the AHOCO by providing two onsite rental units for rent to very low income tenants. These units will be dispersed throughout the community and will each contain one bedroom and will be approximately 633 square feet in size (gross area), with a 50-square-foot deck. The developer's Inclusionary Housing Plan has been reviewed and approved by the City's Housing Division, which determined the unit type to be restricted as affordable (i.e., one -bedroom) based on the breakdown of total unit types proposed (e.g., 18 one -bedroom units proposed). Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. In addition, staff contacted the provided contacts for the Riverview West and Santa Anita Neighborhood Association to ensure they were aware of the project and public hearing. At the time this report was printed, no issues of concern were raised regarding the proposed development. ENVIRONMENTAL IMPACT Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared and certified in 2014 in order to address the potential environmental impacts associated with the Harbor Mixed Use Corridor Specific Plan. A mitigation monitoring and reporting program (MMRP), findings of fact, and a statement of overriding consideration were adopted with the 2014 EIR. As proposed, the development is not anticipated to have additional environmental impacts not addressed in the 2014 EIR. Therefore, no additional environmental review will be required. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-12 will be filed for this project. However, all applicable mitigation measures in the original EIR and associated MMRP will be enforced. FISCAL IMPACT There is no fiscal impact associated with this action. City Council 31 — 8 11/21/2023 Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.) November 21, 2023 Page 9 EXHIBIT(S) 1. Resolution — Density Bonus Agreement 2. Draft Density Bonus Agreement 3. September 25, 2023 — Planning Commission Staff Report and Exhibits Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Steven A. Mendoza, Acting City Manager City Council 31 — 9 11/21/2023 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2023-02 AS CONDITIONED FOR A NEW RENTAL RESIDENTIAL DEVELOPMENT WITH TWENTY-TWO UNITS FOR THE PROPERTY LOCATED AT 322 NORTH HARBOR BOULEVARD (APN: 198-051-17) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Jager Company, Ltd. (Applicant), on behalf of P&P Bros Corp. (Property Owner), is requesting approval of Density Bonus Agreement (DBA) No. 2023-02 to allow the construction of a rental residential development, consisting of twenty-two apartment units with two units proposed as affordable to very low income households earning less than 50 percent of the area median income (AMI) for the property located at 322 N. Harbor Boulevard. B. The Harbor Mixed Use Transit Corridor Specific Plan was adopted in 2014 to lay the foundation for a more livable and sustainable corridor by creating zoning to allow for new housing and mixed -use development opportunities, providing development flexibility to meet market demands, using a multimodal approach to circulation, and creating a stronger identity for the area. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including affordable residential communities, live/work units, service and retail, and professional offices. C. The California Density Bonus law allows developers to seek increases in base density for providing on -site housing units in exchange for providing affordable units on site. To incentivize constructing on -site affordable units, the law allows developers to seek a density bonus that allows a project to exceed local density restrictions, as specified by state law, as well as incentives/concessions or waivers that would help the project be built without significant burden and without detriment to public health. D. The Applicant's request has been thoroughly evaluated by the City's Development Review Committee (DRC) through Development Project No. 2022-03. Through this review, the DRC has considered the subject site, proposed development, and the Applicant's requests for a density bonus, and Resolution No. 2023-XXX 1of12 City Council 31 — 10 11/21/20 requested incentives/concessions and waivers pursuant to the State's Density Bonus Law. E. Section 41-1607 of the Santa Ana Municipal Code (SAMC) requires an application for a density bonus agreement containing deviations (incentives/concessions and/or waivers) to be approved by the Planning Commission. F. On September 25, 2023, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral and unanimously voted to approve Site Plan Review (SPR) No. 2023-02 as conditioned, and recommended that the City Council approve Density Bonus Agreement No. 2023-02 as conditioned. G. On November 21, 2023, the City Council of the City of Santa Ana held a duly noticed public meeting and at that time considered all testimony, written and oral. H. The City Council determines that the following findings, which must be established in order to grant this Density Bonus Agreement application pursuant to SAMC Section 41-1607, have been established for Density Bonus Agreement No. 2023-02 to allow construction of the proposed project: 1. That the proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. The proposed development will provide twenty-two residential rental units, including two units for very low income households, contributing toward the City's rental housing stock to serve the needs of diverse and underserved populations. The area in which the project is proposed, the Harbor Mixed Use Transit Corridor, currently contains a mix of uses, including single-family residential, medium and medium -high density apartments, townhomes, and neighborhood- serving commercial. The construction of this project will contribute toward an economically balanced community by providing housing for different demographic and income levels in an area rich with employment opportunities, commercial development, and market -rate housing. 2. That the development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. Resolution No. 2023-XXX City Council 31 —11 11/21/20 2 of 12 The project site is in an area already identified in both the City's Zoning Code (the Harbor Mixed Use Transit Corridor) and General Plan (the Land Use and Housing elements) for new residential communities. Moreover, the City's General Plan land use designation for the project site is Urban Neighborhood - Medium High (UN-50), which allows for the development of semi -urban villages that are well connected to schools, parks, and shopping centers. These areas are accessible by multiple modes of transportation, have lively and pedestrian -friendly streetscapes, and are designed to foster community interaction. This designation allows a mix of uses, including medium and medium -high density apartments, townhomes, garden- or motor -court homes, and neighborhood- serving commercial. Mixed -use projects are allowed in both horizontal configurations, with commercial and residential uses side -by - side, and vertical, with commercial uses on the ground floor and residential above. Lastly, the proposed density of 64.71 dwelling units per acre (du/ac) is within the limits established by the California Density Bonus Law for an eleven -percent affordability rate for two very -low income units. 3. That the deviation is necessary to make it economically feasible for the Applicant to utilize a density bonus authorized for the development pursuant to section 41-1603. The proposed project requires two deviations through incentives/concessions: (1) minimum common open space and (2) building frontage type/floor height; as well as two deviations through a waiver; (1) lot size/width; and (2) onsite open space (i.e., open to the sky, open space design, and interior open space). The deviations are described as follows: Minimum Common Open Space Requirement Table 3-9 (Onsite Open Space Requirements) in the Harbor Mixed -Use Transit Corridor Plan (SP2) requires a minimum of 15 percent of the lot size to be provided as common open space or plaza space. As proposed, the project provides 5 percent common open space or 800 square feet in the form of a common open deck on the second floor. Strict adherence to this common open space requirement would result in a reduction in the number of units that can be provided in the overall project, thus not achieving the full 35-percent density bonus to which the Applicant is entitled and affecting the feasibility to construct Resolution No. 2023-XXX City Council 31 — 12 11/21/20 3of 12 the project. In order to provide the required common open space and maintain the current proposed unit count, the developer would be required to construct additional floor levels, which would exceed the maximum allowable height as part of the Harbor Mixed Use Transit Corridor Plan (SP-2), and would further increase development costs making the project economically infeasible. To help alleviate the common open space deficiency, the project proposes a 1,477-square- foot community room, a separate fitness room, and an average of 50 square feet of private open space per unit (1,100 square feet total), through use of private balconies/decks for each unit. Building Frontage Type and Floor Height Requirement (Incentive/Concession) Table 3-4 (Frontage Floor Height Minimums and Districts) of the SP2 indicate that arcade, gallery, shop front, forecourt, stop, and front yard/porch are the six allowed frontage types. As proposed, the project does not identify a frontage type that is consistent with SP2. Maintaining the required frontage type and minimum floor heights would result in a complete site and architectural redesign, involving more of the site area dedicated to the frontages design. In order to maintain the current proposed unit count, the developer would be required to redesign the site and elevation design, further increasing development costs and potentially leading to a loss of residential units, and a loss of further open space. Additionally, adherence to the frontage and floor height minimum requirements would be economically infeasible, as it would require additional cost to provide the materials required for the allowed frontage types. Lot Size/Width (Stacked Dwelling building type) (Waiver) Table 3-3 (Building Type and Form) of the SP2 required Stacked Dwellings to have the minimum lot size dimensions of 130 feet deep and 125-200 feet wide. As proposed, the project is located in a lot with the lot size dimensions of 148.25 feet deep and 100 feet wide. The proposed development is located on an existing lot surrounded by existing commercial and residential development. Specifically, the project is abutting an apartment complex that was first constructed in 1986 to the west and commercial buildings that were constructed in 1962 Resolution No. 2023-XXX 4 of 12 City Council 31 — 13 11/21/20 to the north and south. In order to comply with lot width standards, the developer would be required to purchase a lot to the north or south and demolish the existing development on either site. This would result in increasing costs and would make the project infeasible. Moreover, the development site and adjacent properties all have smaller than average lot widths, compared lots along north Harbor Boulevard. These lots range in lot depth and width, but most exceed 200 feet in lot width. In comparison, the site would have a lot width and depth of 148.25 feet deep and 100 feet wide, with a deviation of 25 feet for the minimum required lot width. Although the site has a deviation of 25 feet in the lot width, the Applicant's stacked dwelling building design still accomplishes the intention of the SP2 by providing a compatible design and balanced composition of massing on the project site, with appropriate interior floor area and individual unit sizes. Onsite Open Space (Stacked Dwelling building type) (Waiver) Pursuant to the Open Space Standards in SP2, the total onsite open space open to the sky must be two-thirds and designed as a courtyard or forecourt. Based on the lot size for the proposed project, the total onsite open space open to the sky should be 1,482 square feet and designed as a courtyard or forecourt. As proposed, the project will have an 800 square - foot deck. As proposed, the project provides 800 square feet of open space that is designed as a deck open to the sky. The deck will be furnished, landscaped, and connected to the interior 1,477-square-foot community room. The proposed configuration would provide a contiguous 2,277 square feet of open space. Strict adherence to the two-thirds requirement would lead to the elimination of two or more units, which would affect the feasibility to construct the project. In order to maintain the current proposed unit count, the developer would be required to construct additional floor levels or required to provide underground parking, which would further increase development costs and make the project financially infeasible. Moreover, due to the site's limited size, the project proposed podium level parking, and the residential units stacked above the podium parking. Creating a courtyard or forecourt, would result in the project reducing the number of units by two or more in order to adhere to the open space standards Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, an Environmental Impact Report (EIR) was prepared and Resolution No. 2023-XXX 5 of 12 City Council 31 — 14 11/21/20 certified in 2014 in order to address the potential environmental impacts associated with the Harbor Mixed Use Plan. A mitigation monitoring and reporting program (MMRP), findings of fact, and a statement of overriding consideration were adopted with the 2014 EIR. As proposed, the development is not anticipated to have additional environmental impacts not addressed in the 2014 EIR. Therefore, no additional environmental review will be required. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-12 will be filed for this project. However, all applicable mitigation measures in the original EIR and associated MMRP will be enforced. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Density Bonus Agreement No. 2023-02 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 25, 2023, and exhibits attached thereto; the Request for City Council Action dated November 21, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. [Signatures on the following page] Resolution No. 2023-XXX City Council 31 — 15 11/21/20 6of 12 ADOPTED this 21St day of November 2023, by the following vote: Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Jose Montoya Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2023-XXX 7 of 12 City Council 31 — 16 11/21/20 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XX to be the original resolution adopted by the City Council of the City of Santa Ana on , 2023. Date: City Clerk City of Santa Ana Resolution No. 2023-XXX 8 of 12 City Council 31 — 17 11/21/20 EXHIBIT A Conditions for Approval for Density Bonus Agreement Application No. 2023-02 Density Bonus Agreement Application No. 2023-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by the Density Bonus Agreement. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation/termination of the Density Bonus Agreement. 1. All proposed site improvements must conform to the Development Project (DP) approval of DP No. 2022-03. 2. Any amendment to the DP No. 2022-03, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the Development Project Review must be amended. 3. All mechanical equipment shall be screened from view from public and courtyard areas. 4. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during project construction. 5. Prior to issuance of building permits, the Applicant shall provide written notification to the residential community located to the west of the site. This notification shall include comprehensive information about the nature of the proposed activities, anticipated timelines, and contact information for inquiries. The notification shall be delivered via certified mail. Additionally, a designated representative shall be available to address any concerns or inquiries raised by the residential community during this notification period. 6. Prior to issuance of building permits, the Applicant shall submit to the Planning Division and have approved a Parking Management Plan (PMP). The PMP shall Resolution No. 2023-XXX 9 of 12 City Council 31 — 18 11/21/20 provide for measures to address any parking shortages that may result from the project, with terms including but not limited to: a. Requiring onsite parking permits (such as stickers or hang -tags) for any parking in the onsite parking spaces for both residents and guests; b. Policies for maximum time vehicles may be parked in the surface parking spaces, including any guest parking; and c. Policies for towing unauthorized vehicles; vehicles parked in unauthorized locations, such as fire lanes; vehicles parking in surface guest parking without a sticker, hang -tag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed. 7. Two weeks prior to the commencement of construction, notification must be provided to property owners within 500 feet of the project site disclosing the construction schedule, including the various types of activities that would be occurring throughout the duration of the construction period. 8. Prior to installation of landscaping, the Applicant shall submit representative photos and specifications of all trees to be installed on the project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (24 inches minimum), brown trunk height (10-foot minimum), and name and location of the supplier. 9. After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 10. Prior to final occupancy, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control Resolution No. 2023-XXX City Council 31 — 19 11/21 MYTO of 12 and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement; g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any Resolution No. 2023-XXX City Council 31 — 20 11/21 MYT1 of 12 unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City; and h. The execution and recordation of the maintenance agreement shall be a condition precedent to the Certificate of occupancy. Resolution No. 2023-XXX 2 of 12 City Council 31 — 21 11/21/2 3 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: Clerk of the Council Free Recording pursuant to Government Code 27383 DENSITY BONUS HOUSING AGREEMENT (322 N. Harbor Boulevard, Santa Ana, California; APN: 198-051-17) This DENSITY BONUS HOUSING AGREEMENT ("Agreement"), made and entered into this day of , 2023 ("Effective Date"), by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and P & P Bros Corp., a California Corporation ("Developer"). City and Developer are sometimes referred to collectively as the "Parties" and individually as a "Party." RECITALS A. Developer is the owner of certain property located within the City of Santa Ana, County of Orange, State of California, commonly known as 322 N. Harbor Boulevard, Santa Ana, California, 92703, and legally described as set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full ("Property"). B. Developer is proposing to construct a residential development consisting of no more than twenty-two (22) residential rental units on the Property, as more particularly set forth in Density Bonus Application No. 2022-3 and Development Site Plan Review No. 2022-2 ("Project"). Without the density bonus, Developer would only be permitted to building seventeen (17) units on the Property. C. Santa Ana Municipal Code sections 41-1600, et seq. ("City Density Bonus for Affordable Housing"), and California Government Code sections 65915, et seq. ("State Density Bonus Law"), set forth a process to provide increased residential densities and/or incentives, concessions, or waivers to property owners who guarantee that a portion of their residential development will be available to low income, very low income, or senior (also known as "qualified") households. These regulations are intended to materially assist the housing industry in providing adequate and affordable housing for all economic segments of the community and to provide a balance of housing opportunities for very low income, low income and senior households throughout the city. D. The project is proposing a total of twenty-two (22) residential units, including two (2) units for very -low income households. Pursuant to California Government Code sections 1 City Council 31 —22 11/21/2023 65915(p)(2)(A), the Project will provide twenty-two (22) total onsite parking spaces or 1 space per one -bedroom and two -bedroom units. No parking concession is requested or provided. E. For the purpose of implementing this State Density Bonus Law onsite parking standard incentive, Developer has agreed to restrict eleven percent (I I %) of the units, in the Project to very low income households, which will result in two (2) Affordable Units, as defined. F. The Project complies with the affordable housing requirements set forth in the State Density Bonus Law and City Density Bonus for Affordable Housing. For purposes of this Agreement, the Project shall be the "housing development" as defined in the State Density Bonus Law. G. In light of the purpose of the State Density Bonus Law and City Density Bonus for Affordable Housing, and the express provisions of Government Code Sections 65915 (d)(1)(2)(B), and 65915(e)(1), the City has determined to approve the application with two (2) concessions and two (2) waivers. H. This Agreement, and the exhibits attached hereto and incorporated herein by reference, are intended to set forth the terms and conditions for the implementation of the Project's requirement to provide affordable housing units in exchange for receiving the density bonus incentive set forth herein. NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS 1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows: 1.1.1 "Adjusted for family size appropriate to the unit" shall have the meaning set forth by Health and Safety Code Section 50052.5(h). 1.1.2 "Affordable Rent" means the maximum Monthly Rent that may be charged to and paid by an Eligible Household for the Affordable Units, as required by the terms of this Agreement, and which shall not exceed one -twelfth (1/12) of the product of thirty percent (30%) times fifty percent (50%) times the Median Income for Orange County, as defined in Section 1.1.16. The Affordable Rent shall be adjusted to reflect a reasonable utilities allowance for utilities paid by the household using the Santa Ana Housing Authority Multi -Family Housing Utility Allowance Schedule, and shall be updated no less than annually. 1.1.3 "Affordable Rent Schedule" means a rent schedule established as of the date of issuance of an occupancy permit (exclusive of tenant utility payments or security deposits) for the required number/percentage of the total number of units in the Project which are to be 0) City Council 31 — 23 11/21/2023 rented or available for rent to Very Low Income Tenants. Said Affordable Rent Schedule shall be established at the time of the issuance of the occupancy permit ("Initial Rent Schedule") and shall be created in accordance with the Orange County, California Primary Metropolitan Statistical Area ("PMSA") as published by the California Department of Housing and Community Development ("HCD"), adjusted for family size, and shall be updated no less than annually. 1.1.4 "Affordable Units" means two (2) units, which shall be comprised of two (2) one -bedroom units for Very Low Income Tenants. Any change to the number or distribution of Affordable Units is subject to City Manager approval. 1.1.5 "Agreement" means this Density Bonus Housing Agreement. 1.1.6 "City" means the City of Santa Ana, California 1.1.7 "City Council" means the City Council of the City of Santa Ana. 1.1.8 "City Attorney" means the City Attorney for the City of Santa Ana. 1.1.9 "City Manager" means the City Manager for the City of Santa Ana. 1.1.10 "City's Planning Commission" means the Planning Commission for the City of Santa Ana. 1.1.11 "Density Bonus Housing Agreement Term" means the period during which this Agreement shall be in full force and effect, as provided for in Section 6.1 below. 1.1.12 "Developer" means P & P Bros Corp, a California Corporation, and its permitted successors and assigns to all or any part of the Property. "Developer" may also be referred to as "Owner" interchangeably throughout the Agreement. 1.1.13 "Effective Date" means the date the City Council of City approves this Agreement and from then on this Agreement shall be in full force and effect. 1.1.14 "Eligible Household" means a Household whose income does not exceed the qualifying limit for a "Very Low Income Tenant" as defined herein. 1.1.15 "Household" means all persons residing in a Unit. 1.1.16 "Median Income" means the Orange County, California area median income, adjusted for family size appropriate to the unit, pursuant to California Health and Safety Code § 50052.5(h), as periodically published by HCD. 1.1.17 "Monthly Rent" means the total of monthly payments for (a) use and occupancy of each Affordable Unit and land and facilities associated therewith, (b) any separately charged fees or service charges assessed by Developer which are required of all tenants, other than security deposits, application fees or credit check fees, (c) a reasonable allowance for an adequate City Council 31 — 24 11/21/2023 level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone or cable service, to the extent applicable and charged to a Household, and (d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than Developer. In the event that certain utility charges are paid by the landlord rather than the tenant, no utility allowance shall be deducted from the rent for that type of utility charge. 1.1.18 "Project" means that certain residential development as more particularly described in Recital B and Section 2 of this Agreement. 1.1.19 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon. 1.1.20 "State Density Bonus Law" means Government Code sections 65915, et seq., as they exist on the Effective Date. 1.1.21 "Unit" means a residential dwelling unit within the Project to be constructed by the Developer pursuant to this Agreement. 1.1.22 "Unrestricted Units" means the Units within the Project to be constructed by Developer to a Household without restriction. 1.1.23 "Very Low Income Tenant" means a Household whose income does not exceed fifty percent (50%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HCD. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: 1.2.1 Exhibit A — Legal Description of the Property 1.2.2 Exhibit B — Tenant Verification 1.2.3 Exhibit C — Annual Tenant Recertification 1.2.4 Exhibit D — Annual Rental Housing Compliance Report 1.2.5 Exhibit E — Notice of Affordability Restrictions on Transfer of Property 2. DEVELOPMENT OF THE PROPERTY 2.1 Project. Developer shall develop, operate, and maintain, or cause the development operation and maintenance of, the Property as a twenty-two (22) Unit residential development, with two 2 Affordable Units for Very Low Income Tenants. 2 City Council 31 — 25 11/21/2023 2.2 Density Bonus. The base density for the Property is seventeen (17) dwelling units. By agreeing to provide two (2) Affordable Units, Developer understands and agrees that the State Density Bonus Law would allow a maximum density bonus of thirty-five percent (35%), which would equate to six additional units. Pursuant to this Agreement, Developer proposes and agrees to a Project that includes only five (5) additional Units ("Density Bonus Units"). Accordingly, the Project shall have twenty-two 22) Units, including two 2 Affordable Units, to be rented, occupied, operated, and maintained pursuant to the terms and conditions of this Agreement. Developer shall not construct or develop, or otherwise claim a right to construct or develop, any additional Units on the Property. 2.3 Development Incentives and Waivers. Developer petitioned for concessions, incentives, and waivers, and has been granted the following, as part of the approval of Density Bonus Application (DBA) No. 2023-02 for the Project: 2.3.1 Concessions. In accordance with Government Code Section 65915 (d)(1)(2)(B), Developer is granted the following concessions: (a) Relief from the 15-percent minimum common open space requirements as set forth in Table 3-9 (Onsite Open Space Requirements) as part of the Harbor Mixed -Use Transit Corridor Specific Plan (SP-2). (b) Relief from the frontage design types within the Corridor land use district, as set forth in Table 3-4 (Frontage Floor Height Minimums and Districts) as part of the Harbor Mixed -Use Transit Corridor Specific Plan (SP-2). 2.3.2. Waivers. In accordance with Government Code Section 65915(e)(1), Developer is granted the following waivers: (a) A waiver of the minimum lot width requirement of between 125 feet and 200 feet for Stacked Dwellings, as set forth in Table 3-3 (Building Type and Form) as part of the Harbor Mixed -Use Transit Corridor Specific Plan (SP- 2), provided that the lot width is a minimum of 100 feet. (b) A waiver of the requirement for two-thirds of the common open space area to be open to the sky and placed at the rear or side yard, or in the front as a forecourt, as part of the Harbor Mixed -Use Transit Corridor Specific Plan (SP-2), provided that at least five -percent (5%) of the lot is open to the sky. 2.3.3. Parking Requirements. The Project's onsite parking shall comply with Government Code section 65915(p)(2)(A). No additional parking concession is requested or provided. The Project will provide twenty-two (22) total onsite parking spaces or one (1) space per one -bedroom and two -bedroom units. 2.4 No Further Concessions or Incentives. Developer acknowledges and agrees that the incentives, concessions, and waivers set forth in section 2.3 above fully satisfy any duty City may have under the Santa Ana Municipal Code, the Density Bonus Law, or any other law or 5 City Council 31 — 26 11/21/2023 regulation to provide any development incentive or to waive any building, zoning, or other requirement in return for providing Affordable Units. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City's obligation to waive requirements of or provide development incentives pursuant to any state, federal, or local law, rule, or regulation applicable to the Project. 2.5 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than twenty (20) Unrestricted Units, which shall be comprised of sixteen (16) one -bedroom units and four (4) two -bedroom units. 2.6 Affordable Units. The Project, for purposes of this Agreement, shall have no less than two 2 Units, which shall be comprised of two (2) one -bedroom units designated as Affordable Units pursuant to the terms and conditions of this Agreement. The Affordable Units shall be consistent with all City approvals, comparable in bedroom distribution and amenities to the Unrestricted Units, and shall be located throughout the Project as required under Santa Ana Municipal Code section 41-1602(c)(5). 2.7 Minimum Development Standards for Affordable Units. The Affordable Units shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials as provided for any Unrestricted Units. 2.8 Permits and Processing Compliance with Laws. Developer, at its sole cost and expense, shall secure or cause to be secured any and all permits that may be required by City or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Upon securing any and all permits, Developer shall carry out and perform the development, operation, and maintenance of the Project in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval issued by the City Council and City's Planning Commission for the Project. Any changes to the Project shall be reviewed by the City to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of Developer to comply with any terms of this Agreement in City's sole determination, then City shall have the option to declare this Agreement null and void in its sole discretion. 2.9 Relocation Prior to Development of Project. If relocation is required prior to the completion of development of the Project, Developer shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs as may be required to comply with applicable federal and state laws and regulations. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance, benefits and costs prior to the completion of the development of the Project. 6 City Council 31 — 27 11/21/2023 2.10 Local Sourcing Plan. Developer agrees to make a good faith effort to encourage contractors and suppliers to hire and procure locally, to the extent that it is cost effective and does not delay the overall project development schedule. 2.11 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably necessary to remove any future mechanic's liens or other similar liens (including design professional liens) against the Property or Project, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Developer or anyone holding the Property or Project, or any part thereof, through or under Developer. Prior to the recording of this Agreement (or memorandum thereof) pursuant to Section 4.1 below, Developer shall provide evidence from the Title Company of any new recordings against the Property or Project. City hereby reserves all rights to post notices of non -responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party by reason of a mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to Developer or anyone holding the Property or Project, or any part thereof, through or under Developer. 3. AFFORDABILITY 3.1 Total Affordability Term. Each Affordable Unit shall be restricted to use and occupancy by an Eligible Household for a total period of no less than fifty-five (55) years ("Total Affordability Term"). The Total Affordability Term for an Affordable Unit shall commence on the date a certificate of occupancy is issued for the initial Affordable Unit. 3.2 Memorializing; Commencement of Total Affordability Term. Developer shall keep detailed records of the commencement date of the Total Affordability Term for each Affordable Unit. City shall have the right to review and verify said records to ensure that the commencement date specified by Developer for an Affordable Unit coincides with the date that the initial Affordable Unit received all permits from City required for occupancy of the Unit. In the event that a conflict exists between the date specified by Developer for the commencement of the Total Affordability Term for an Affordable Unit and the date specified by City's issuance of all required permits for occupancy of the Unit, the date specified by City's issuance of all required permits for occupancy of the Unit shall control. 3.3 Levels of Affordability. 3.3.1 Affordable Rent for Very Low Income Tenants. Developer covenants that no less than twos Affordable Units in the Project shall at all times during the Total Affordability Term be rented to, or held vacant and available for immediate occupancy by Eligible Households, at an Affordable Rent. 7 City Council 31 — 28 11/21/2023 4. OWNERSHIP AND OPERATION OF THE PROJECT BY DEVELOPER 4.1 Payment of Density Bonus Setup Fee. A Density Bonus Setup Fee in the amount of Four Thousand Six Hundred Seventy Five Dollars and Seventy Cents ($4,675.70) will be charged to the Developer and must be paid prior to execution of this Agreement. 4.2 Recording of Documents. No later than issuance of building permits for the Project, Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement. City shall cooperate with Developer in promptly executing in recordable form this Agreement. The date of recording of the Agreement shall be the Effective Date of the Agreement. Upon the date of recording, the terms and conditions of this Agreement shall be binding upon and run with the Property and the Project for the Total Affordability Term. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Property, the Project, and the Units to ensure compliance with the State Density Bonus Law and City Density Bonus Law, and to ensure the continued supply of Affordable Units in the Project, except as expressly set forth in this Agreement. 4.3 Rental of Units. Upon the completion of construction of the Project and receipt by Developer of all required permits for the occupancy of the Units, Developer shall rent or cause to be rented each Affordable Unit for the Total Affordability Term for such Affordable Unit in accordance with the terms and conditions set forth in this Agreement, which provide among other terms and conditions for the rental of each Affordable Unit at an Affordable Rent to an Eligible Household for the Total Affordability Term. 4.4 Location of Affordable Units. During the Density Bonus Housing Agreement Term, the Affordable Units shall be dispersed throughout the Project in accordance with the terms and conditions set forth in this Agreement. The Affordable Units shall be permitted to float among all twenty-two (22) apartment units in the Project, provided that the Affordable Units shall be comparable in amenities to the Unrestricted Units and reasonably dispersed throughout the Project. The location of the first two Affordable Units to be occupied will be subject to the City's approved Inclusionary Housing Plan, and identified in the Annual Compliance Report submitted to the City pursuant to Section 4.11.2. 4.5 Occupancy Levels. Subject to state or federal laws and regulations, the number of persons permitted to occupy each Affordable Unit shall not exceed two persons per bedroom, plus one person. In the event that a household residing in an Affordable Unit exceeds the permitted number of persons, then that household shall be placed on a waiting list for the appropriate -sized unit and be eligible for transfer when an appropriate -sized unit becomes available. The household will be placed on the waiting list for up to one -hundred and eighty (180) days. If an appropriate - sized unit does not become available during the 180 days, the Owner will have grounds to terminate that household's lease. If the household refuses to transfer to an appropriate -sized unit then the Developer will also have grounds to terminate that household's lease. 4.5.1 Written Notification. If an Eligible Household, during the term of its tenancy, adds members that exceed the maximum occupancy allowed under this section, N. City Council 31 — 29 11/21/2023 Developer shall provide written notification informing the household that: it is over - occupancy; has been placed on a waiting list for up to one -hundred and eighty (180) days; the expiration date of the waiting list; and the terms for terminating the lease. A written status update will be provided to the household at one -hundred and twenty (120) days, ninety (90) days, sixty (60) days and thirty (30) days if applicable. 4.6 Use of the Property. All uses conducted on the Property, including, without limitation, all activities undertaken by the Developer pursuant to this Agreement, shall conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal, state, and local laws, rules, and regulations. The Project shall at all times during the term of this Agreement be used as an apartment complex and none of the Affordable Units in the Project shall at any time be utilized on a transient basis, nor shall the Property or any portion thereof ever be used as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest home, or be converted to condominium ownership. All of the community facilities and any social programs provided to the Project's residents shall be available on an equal, nondiscriminatory basis to residents of all Units at the Project. 4.7 Maintenance. Owner shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. Owner shall be fully and solely responsible for costs of maintenance, repair, addition and improvements. City, and any of its employees, agents, contractors or designees shall have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect the Project. 4.8 Marketing and Resident Selection Plan. Each Affordable Unit shall be leased to Eligible Households selected by the Developer who meet all of the requirements provided herein. Prior to Certificate of Occupancy, Developer shall prepare and obtain City's approval, which approval shall not be unreasonably withheld, of a marketing program and resident selection plan for the leasing of the Affordable Units at the Project ("Marketing Program"). The City shall approve or deny the Marketing Program within ten (10) business days of submittal by the Developer. In the event Marketing Program is neither approved nor denied within said time period, the Marketing Program shall automatically be considered approved. The leasing of the Affordable Units shall thereafter be marketed in accordance with the Marketing Program as the same may be amended from time to time with City's prior written approval, which approval shall not unreasonably be withheld. Upon request, Developer shall provide City with periodic reports with respect to the leasing of the Housing Units. 4.8.1 The Marketing Program shall include, but is not limited to, marketing and community outreach activities, proposed tenant selection criteria, occupancy standards, income requirements, timeline and details for outreach and marketing, data collection, record keeping and monitoring, procedures for complaints, and compliance assessment. Components of the resident selection plan shall include, but are not limited to, the application process, interview procedure, apartment offer and assignment, rejected applications, and wait list management. All requirements set forth herein shall be incorporated in the Marketing Program. 9 City Council 31 — 30 11/21/2023 4.9 Rental Lease Agreement. Developer shall prepare and obtain City's approval, which approval shall not be unreasonably withheld, of a rental lease agreement ("Lease Agreement"). All Lease Agreements must 1) identify the names and ages of all members of the household who will occupy the Affordable Unit; and 2) state that the Household's right to occupy the Affordable Unit is subject to compliance with the Median Income requirements, adjusted for family size appropriate to the unit, as periodically published by HCD. All Lease Agreements must be consistent with the terms contained in this Density Bonus Agreement. 4.9.1 Prohibited Lease Terms. The Lease Agreement may not contain any of the following provisions: (a) Agreement to be Sued. Agreement by the tenant to be sued, to admit to guilt, or to a judgment in favor of the owner in a lawsuit brought in connection with the lease; (b) Treatment of Property. Agreement by tenant that the owner may take, hold, or sell personal property of household members without notice to tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the unit. The Developer may dispose of this personal property in accordance with State law; (c) Excusing Developer of Responsibility. Agreement by the tenant not to hold the Developer of the Developer's agent legally responsible for any action or failure to act, whether intentional or negligent; (d) Waiver of Notice. Agreement of the tenant that the Developer may institute a lawsuit without notice to the tenant; (e) Waiver of Legal Proceedings. Agreement by the tenant that the owner may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties; (f) Waiver of a Jury Trial. Agreement by the tenant to waive any rights to a trial by jury; (g) Waiver of Right to Appeal Court Decision. Agreement by the tenant to waive the tenant's right to appeal, or to otherwise challenge in court, a court decision in connection with the lease; and (h) Tenant Chargeable with Cost of Legal Action Regardless of Outcome. Agreement by the tenant to pay attorney's fees or other legal costs even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses. 4.10 Selection of Tenants. 4.10.1 Developer shall be responsible for the selection of tenants for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. 4.10.2 Subject to applicable laws and regulations governing nondiscrimination and preferences in housing occupancy, the Developer shall give preference in leasing the Affordable Units to Eligible Households that live and/or work in the City of Santa Ana or who have an active 10 City Council 31 — 31 11/21/2023 Housing Choice Voucher issued by the Housing Authority of the City of Santa Ana or any other Public Housing Authority. 4.10.3 All applicants will be screened and "lotterized." A waiting list will be created from a lottery generated from the initial pool of rental applications. The waiting list will track applicant name and contact information, lottery number (or designated number after the initial lottery), household income, household size, status of application, and any other information deemed necessary. The waiting list will be maintained as an electronic file and available for audit by the City of Santa Ana in accordance with resident selection procedures as set forth herein. 4.10.4 Prior to the rental or lease of an Affordable Unit to a tenant(s), Developer shall require the tenant(s) to execute a written lease and to complete a Tenant Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the tenant(s) occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility requirements established for the Affordable Unit. Developer shall verify the income of the tenant(s) as set forth herein. 4.11 Income Verification and Certification. Developer agrees to make a good faith effort to verify that the income and asset statement provided by an applicant in an income certification is accurate by taking, at a minimum, at least one of the following steps as a part of the verification process: (1) obtain three months consecutive pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) obtain an income verification form from the applicant's current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. 4.11.1 Gross Household Income. Gross household income means all income from whatever source from all Adult Household members, which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914. 4.11.2 Annual Recertification. Developer agrees to recertify household eligibility annually. Notification of Annual Tenant Recertification shall be sent to the household in substantially the form attached hereto as Exhibit C. An Annual Rental Housing Compliance Report ("Annual Compliance Report") shall be sent to the City in substantially the form attached hereto as Exhibit D. The Annual Compliance Report shall be due to the City within 30 days of the anniversary of the commencement of the Total Affordability Term, which is the date that each building receives all required occupancy permits from the City. 4.11.3 Continued Income Qualification and Vacated Affordable Units. If the annual recertification demonstrates that a previously eligible tenant's gross household 11 City Council 31 — 32 11/21/2023 income exceeds the Median Income for the Affordable Unit, the pertinent actions from the following list must be taken: (a) The Developer may offer to rent the unit to the previously, but no longer, Eligible Household as an Unrestricted Unit without any limitations on rental rates. In that case, the Developer must then make available for rent to an Eligible Household another unit within the Project that meets the size and location requirements for Affordable Units under this Density Bonus Agreement. If there are no vacant units meeting those requirements, then the next available unit within the Project which does meet those requirements must be rented to an Eligible Household. (b) If the no longer Eligible Household either moves to another Unrestricted Unit within the Project or leaves the Project altogether, then the vacated Affordable Unit or, at Developer's election any other Unrestricted Unit within the Project which meets the size and location requirements for Affordable Units under this Density Bonus Agreement and has the same number of bedrooms as the vacated unit shall be rented as an Affordable Unit to an Eligible Household. 4.12 Monitoring and Recordkeeping. Throughout the Term of this Agreement, Developer shall annually complete and submit to City the Annual Compliance Report. Owner agrees to pay a reasonable fee, as set by City resolution, for the purpose of paying the actual costs associated with the City's obligation to monitor Owner's compliance with the affordability restrictions contained in this Agreement related to the Affordable Units, not to exceed monitoring costs for up to two (2) Affordable Units. Representatives of City shall be entitled to enter the Property if necessary after review of above documentation, upon at least forty-eight (48) hour notice, to monitor compliance with this Agreement, and shall be entitled to inspect the records of the Project relating to the Affordable Units and to conduct an independent audit or inspection of such records at a location within the City that is reasonably acceptable to the City. Developer agrees to cooperate with City in making the Property and the records of the Project relating to the Affordable Units available for such inspection or audit. Developer agrees to maintain each record of the Project for no less than five (5) years after creation of each such record. Subject to tenants' rights under State and Municipal law, the Developer shall allow the City to conduct annual inspections of each of the Affordable Units on the Property after the date of construction completion, with reasonable notice. Developer shall cure any defects or deficiencies found by the City while conducting such inspections within ten (10) Business Days of written notice thereof, or such longer period as is reasonable within the sole discretion of the City. 4.13 Notice of Affordability Restrictions on Transfer of Property. In the event the Developer wishes to sell or transfer the Project during the Total Affordability Term, the City and the Developer shall execute and deposit into escrow, or record against the Property, a Notice of Affordability Restrictions on Transfer of the Property as contained herein (Exhibit E). The sale or transfer of the Property, shall not be effective unless and until the City and the transferee execute the documents necessary to transfer the Density Bonus Agreement obligations from the Developer to the transferee. 12 City Council 31 — 33 11/21/2023 4.14 Onsite Parking Management Plan. Developer shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Developer shall continually monitor and take the following measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. a. Requiring onsite parking permits (such as stickers or hang -tags) for any parking in the onsite parking spaces for both residents and guests; b. Policies for maximum time vehicles may be parked in the surface parking spaces, including any guest parking; and c. Policies for towing unauthorized vehicles, vehicles parked in unauthorized locations (such as fire lanes), vehicles parking in surface guest parking without a sticker, hang -tag, or other identifiers, and vehicles parked longer than any maximum guest parking timeframes allowed. Prior to issuance of the Certificate of Occupancy, Developer shall submit and obtain approval from the Planning and Building Agency ("PBA") a Parking Management Plan (the "PMP"), including those measures above. The approved PMP shall be adhered to and be enforced by the Project at all times. 4.15 Alternative Transportation and Energy Source, Resource Conservation, and LEED Certification. While not a condition of the project's Density Bonus, in recognition of the City's desire to optimize the energy efficiency of the project, Developer agrees to consult with the project design team, a CABEC certified 2019 Certified Energy Analyst, a LEED AP Homes (low-rise and mid -rise), LEED AP BD+C (high rise), National Green Building Standard (NGBS) Green Verifier, or GreenPoint Rater (one person may meet both of these latter qualifications) early in the project design process to evaluate a building energy model analysis and identify and consider energy efficiency or generation measures. Prior to the meeting, the energy analyst shall complete an initial energy model based on either current T24 standards or, if the project is eligible, the California Utility Allowance Calculator using best available information on the project. To the extent financially feasible for the project, Developer agrees to incorporate and optimize energy efficient building materials, methods, and amenities. 4.16 Emergency Evacuation Plan. Developer shall submit and obtain approval of an Emergency Evacuation Plan (the EEP) from City Police and Fire Protection agencies prior to issuance of a Certificate of Occupancy. Up-to-date 24-hour emergency contact information for the on -site personnel shall be provided to the City on an ongoing basis and the approved EEP shall be kept onsite and also be submitted to the following City Agencies: a. Police Department b. Fire Department c. Planning and Building Agency d. Community Development Agency 13 City Council 31 — 34 11/21/2023 4.17 Crime Free Housing. Developer shall work with City staff to formalize a crime free housing policy, procedure, and design plan (the "CFH Plan"), which includes the following provisions: a. Requiring parking areas and common interior areas (lobbies, elevators, etc.) to contain security cameras; b. Requiring routine unit inspections; c. Ensuring lobby/other entrance doors are secured and accessed via remote controls, fobs, etc.; and d. Have policies in place to ensure that common use areas such as hallways and trash enclosures are maintained in good condition and repair (e.g., well -lit, kept clean, etc.) Developer shall submit and obtain approval from the PBA the CFH Plan meeting the requirements of this Subsection 4.18 prior to issuance of the Certificate of Occupancy. The approved CFH Plan shall be implemented and administered by Developer or a designated property manager. 4.18 [Intentionally Omitted] 5. [INTENTIONALLY RESERVED] 6. TERM OF THIS AGREEMENT 6.1 Term. The term of this Agreement ("Density Bonus Agreement Term") shall commence on the Effective Date and shall continue until the expiration of the Total Affordability Term. 7. DEFAULT AND TERMINATION; INDEMNIFICATION 7.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein), constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety (90) days). Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. Notwithstanding the above, should the Developer elect to not proceed with the Project prior to commencement of construction, the Developer shall submit written notice of such termination ("Termination Letter") to the City, which Developer, for itself, its successors and assigns, states that it waives, forfeits, and relinquishes any and all benefits under this Agreement. Upon City's 14 City Council 31 — 35 11/21/2023 receipt of the Termination Letter, the Parties agree to terminate this Agreement, except that the obligations of Section 4.1 and 7.3 shall survive termination. Developer shall, at its sole cost and expense, prepare and record a Termination of Agreement, which City shall review and approve, in the exercise of reasonable discretion. Such termination shall not be considered a default by any Party, but it shall result in a termination of the Agreement as provided for herein. 7.2 Rights and Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. Notwithstanding anything to the contrary contained in this Agreement, in no event shall either Party be liable for speculative, consequential, punitive, or other indirect damages arising from a breach of this Agreement, and each Party waives any right to collect speculative, consequential, punitive or other indirect damages against the other Party which arise from a breach of this Agreement. 7.3 Indemnification. In addition to any other indemnity specifically provided in this Agreement, Developer agrees to defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent) indemnify and hold harmless City and its respective officers, officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from and against any loss, liability, claim, or judgment arising from any act or omission of Developer in connection with its obligations under this Agreement, except to the extent caused by the active negligence or willful misconduct of Indemnitees.. ASSIGNMENT; COVENANTS RUN WITH THE LAND 8.1 Assignment by Developer. 8.1.1 Prohibited Transfers or Assignments. Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement, in whole or in part, unless the sale, transfer, or assignment complies with this Section 8 ("Permitted Transfer"). If Developer seeks a Permitted Transfer, Developer shall request City's written consent, and City shall respond within fourteen (14) days with a written approval or denial. The City's determination shall not be unreasonable or arbitrary. If City approves such a request, then prior to any such sale, transfer or assignment, Developer shall pay City's reasonable fees as compensation for the City's review of the request. City's failure to respond to the request within fourteen (14) days shall be deemed an approval. 8.1.2 Sale of Property. Owner agrees and declares that the Property and the Project shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, operated, sold, and approved subject to all obligations set forth or incorporated in this Agreement, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property and the Project. All of the obligations set forth or incorporated in this Agreement shall constitute covenants which run with the land and shall be binding on Owner and its successors and assigns, and all parties having or acquiring any right, title or interest in, or to any part of the Property or Project. Owner further understands and agrees that the Density Bonus permit approvals received 15 City Council 31 — 36 11/21/2023 for this Project have been made on the condition that Owner and all subsequent owners, or other successors and assigns of the Property and/or Project lease and rent the Affordable Units in accordance with the terms and conditions stipulated in Sections 4, 5 and 6 of this Agreement for a term of 55 consecutive years commencing upon the date that the Project is first occupied. 8.1.3 Subsequent Assignment. As used in this Agreement, the term "Developer" shall be deemed to include any such transferee or assignee after the date such sale, transfer, or assignment occurs in compliance with this Agreement. 8.1.4 Unpermitted Assignments Void. Any sale, transfer, or assignment made in violation of this Agreement shall be null and void, and City shall have the right to pursue any right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales, transfers, or assignments. 8.2 Covenants Run with the Land. The Property shall be held, sold, conveyed, hypothecated, encumbered, used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be binding upon Developer and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Property is rendered less valuable thereby. Developer hereby further declares its understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City. 9. MISCELLANEOUS 9.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth and contain the entire understanding and agreement of the parties with respect to the Density Bonus Agreement, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 16 City Council 31 — 37 11/21/2023 9.2 Amendment. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance approved by the City Council, or through the City Manager as detailed herein, and signed on behalf of each party. The City Manager shall have the authority to make approvals, issue interpretations, execute documents, waive provisions, and/or enter into amendments of this Agreement on behalf of City that further the intent of this Agreement. Any requested alteration, change or modification of the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as applicable, for the City's review of the request. Each alteration, change, or modification to this Agreement shall be recorded against the Property in the Official Records of Orange County, California. 9.3 Notices. 9.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next -day document delivery service (such as Federal Express), charges prepaid and delivery scheduled next -day to the recipient named below, provided that the sending party receives a confirmation of delivery from the delivery service provider; or (v) the first business day following the date of transmittal of any facsimile, provided confirmation of successful transmittal is retained by the sending Party. All notices shall be addressed as follows: If to City: City of Santa Ana Community Development Agency 20 Civic Center Plaza (M-26) P.O. Box 1988 Santa Ana, California 92702 Attention: Housing Manager With a copy to: Office of the City Attorney City of Santa Ana 20 Civic Center Plaza, 7th Floor (M-29) Santa Ana, California 92702 If to Developer: P & P Bros Corp 18685 Main Street, Ste. 101-385 Huntington Beach, California 92648 Attn: Thao Lisa Vu 9.3.2 Change of Address. Either Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or 17 City Council 31 — 38 11/21/2023 representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 9.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 9.5 Interpretation and Governing Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 9.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 9.7 Singular and Plural. As used herein, the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates. 9.8 Joint and Several Obligations. If at any time during the term of this Agreement the Property and/or Project is owned, in whole or in part, by more than one Developer, all obligations of such Developer under this Agreement shall be joint and several, and the default of any such Developer shall be the default of all such Developers. 9.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 9.10 Computation of Days. Unless otherwise specified in this Agreement or any Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business. 9.11 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 9.12 Non -Discrimination. In performing its obligations under this Agreement, Developer 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 related go City Council 31 — 39 11/21/2023 activities. Developer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 9.13 Third Party Beneficiaries. No person or entity, other than City and Developer shall have any right of action based upon any provision of this Agreement. 9.14 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes beyond the Party's control, including delays by any governmental entity (although the City may not benefit from this provision for a delay that results from City's failure to perform its obligations under this Agreement), or an insurance company of either party. If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance. 9.15 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 9.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof, and (c) is binding upon each Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof. 9.17 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 9.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 9.19 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this 19 City Council 31 — 40 11/21/2023 Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the Developer of such property. 9.20 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. City hereby authorizes City Manager to take such other actions and negotiate and execute any additional agreements as may be necessary or proper to fulfill the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City. 9.21 Estoppel Certificate. Within ten (10) business days following a written request by any of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party. 9.22 No Subordination. City's approval of the necessary land use entitlements that authorize Developer to develop, operate, and maintain the Project was based upon Developer's obligation to provide the Affordable Units pursuant to the State Density Bonus Law, City Density Bonus for Affordable Housing, and the terms and conditions of this Agreement. For the Term of the Density Bonus Housing Agreement, this Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof. Developer expressly understands and acknowledges that state law requires preservation of affordability covenants in connection with the approval of this density bonus project. 9.23 Attorneys' Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing Party. 9.24 Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants 20 City Council 31 — 41 11/21/2023 and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the date set forth at the beginning of this Agreement. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM Sonia R. Carvalho City Attorney i Assistant City Attorney City Manager RECOMMENDED FOR APPROVAL: Michael Garcia Executive Director Community Development Agency 21 CITY OF SANTA ANA Kristine Ridge P & P BROS CORP, A CALIFORNIA CORPORATION Thao Lisa Vu City Council 31 — 42 11/21/2023 anti It'llre"ents Clint he tir she/Iliey fins haw Itre itill lt6't it In hind the Perry to ttic performance of its obligations hereriCider, IN WITNESS W11FjjFOF, the parties hereto have caused this Dcnsity Ronus Flousing Agnvcment W he owuted on the date set lurth at the beginning of this Agreement. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM Sonia R. Carvallio City Attomcy By: Jose Montoya Assistant City Attorney City Manager RECOMMENDED FOR APPROVAL: Michael Garcia Executive Director Community Development Agency 21 CITY OF SANTA ANA Kristine Ridge P & P BROS CORP, A CALIFORNIA CORPORATION z4mic,, Th o Lisa Vu 31 — 43 11 /21 /2023 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE NORTH 100 FEET OF THE SOUTH 300 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN. EXCEPTING THEREFROM THE WEST 132 FEET. ALSO EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND HYDROCARBONS, BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN INSTRUMENTS OF RECORD. APN: 198-051-17 22 City Council 31 — 44 11/21/2023 40195ME70 INCOME VERIFICATION FORM Inclusionary Unit Address: Head of Household (Print Name): Current Address (if different from above): Telephone Number: Home: Email address: Date of Birth: Work: Social Security # or TIN: Household Composition Cell: List All Household Members Living in the Inclusionary Unit Dependent Social Security # Name Sex Age (Y/N) or Taxpayer ID # List additional household members on a separate sheet of paper. Income Verification Form Page 1 Santa Ana, Gakfopp;a City Council 31 —45 11/21/2023 EXHIBIT "B" INCOME VERIFICATION FORM Monthly Gross Income * List All Sources of Income of All Household Members Living in the Inclusionary Unit Part 1: Earned Income Other Head of Household Household Members Total 1. Gross wages, before payroll deductions and $ $ $ including overtime pay, commissions, fees, tips and bonuses. 2. Net income from self employment, independent $ $ $ contractor work or a business. 3. Social security and any payments from annuities, $ $ $ insurance policies, pension/retirement funds, disability or death benefits received periodically. 4. Payment in lieu of earnings, such as $ $ $ unemployment, disability compensation, worker's compensation and severance pay. 5. Public assistance, welfare payments $ $ $ 6. Alimony, child support, other periodic allowances $ $ $ 7. Regular pay, special pay and allowances of $ $ $ members of the Armed Forces 8. Other $ $ $ Subtotal: Monthly Earned Income $ Total Monthly Earned Income x 12 = $ Total Annual Household Gross Earned Income Income Verification Form Page Santa Ana, Gakfopp;a City Council 31 —46 11/21/2023 EXHIBIT "B" INCOME VERIFICATION FORM Monthly Gross Income * List All Sources of Income of All Household Members Living in the Inclusionary Unit Part 2: Investment Income Total Other Adult Household Head of Household Investment Household Members Income 1. Interest paid on Bank and Savings accounts $ $ $ 2. Dividends and other payments from stocks and $ $ $ bonds 3. Income from real property (i.e. rental property) $ $ $ 4. Other (describe) $ $ $ Subtotal: Monthly Investment Income: $ Total Monthly Investment Income x 12 = $ Total Annual Household Investment Income *Note: The following items are not considered income: casual or sporadic gifts; amounts specifically for or in reimbursement of medical expenses; lump sum payments such as inheritances, insurance payments, capital gains and settlement for personal or property losses; educational scholarships paid directly to the student or educational institution; special pay to a serviceman head of family away from home and under hostile fire; relocation payments under federal, state or local law; foster child care payments; value of coupon allotments for purpose of food under Food Stamp Act of 1964 which is in excess of amount actually charged the eligible household; payments received pursuant to participation in the following programs: VISTA, Service Learning Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience. Income Verification Form Page 3 Santa Ana, sal;f@PA;^ City Council 31 — 47 11/21/2023 EXHIBIT "B" INCOME VERIFICATION FORM Assets ** List the Current Value of All Assets of All Household Members Living in the Inclusionary Unit If the Asset generates income, that income must be specified In Part 2 above Head of Household Other Adult Household Members Total Value of Value Value Assets 1. Bank and Savings accounts $ $ $ 2. Stocks and bonds $ $ $ 3. Real property (i.e. rental property) $ $ $ 4. Other (describe) $ $ $ Total Asset Value $ **Note: Necessary items, such as furniture and automobiles, used for personal use are excluded from household assets. Collections of items for hobby, investment or business purposes must be included in household assets. If the total value of household assets exceeds $5,000, the calculation of the household's annual income shall include the greater of the actual amount of income, if any, derived from all of the household assets; or 10% of the total value of the assets. Income Verification Form Page 4 Santa Ana, Gakfopp;a City Council 31 —48 11/21/2023 EXHIBIT "B" INCOME VERIFICATION FORM If the total asset value exceeds $5,000, perform the calculations in the following table. If the total asset value is less than $5,000, the amount of investment income to be included in annual household income is $0. Calculation of Investment Income to be Included in Annual Household Income 1. Total Annual Household Investment Income $ 2. Total Asset Value $ x 10% $ The Greater of #1 or #2 = Investment Income to be Included in Annual Household Income $ Calculation of the Household's Total Annual Income Total Annual Household Gross Earned Income 1 $ Total Investment Income to be Included in Annual Household Income Total Household Income 1 $ Documentation Attach True Copies of the Relevant Documents Listed Below Paycheck stubs from three most recent pay periods Employment verification Three years Income tax returns for Title Holders Social security verification Alimony/child support verification Other (Describe) Bank/Savings account verification Self-employment verification Unemployment verification Welfare verification Disability income verification Income Verification Form Page 5 Santa Ana, sal;f@PA;^ City Council 31 — 49 11/21/2023 ANIZINME70 AFFIDAVIT This Affidavit is made with the knowledge that it will be relied upon by and the City of Santa Ana to determine maximum income for eligibility to purchase the Inclusionary Unit listed above. (1/we) warrant that all information set forth in this document is true, correct and complete and based upon information (1/we) deem reliable and based upon such investigation as (1/we) deemed necessary. (I/We) acknowledge that (1/we) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of (my/our) purchase agreement and will additionally enable the seller to terminate the purchase contract and sell the Inclusionary Unit to another party. (I/We) do hereby swear under penalty of perjury that the foregoing statements are true and correct and that this affidavit has been executed as of the date specified below by each adult member of the household which intends to occupy an Inclusionary Unit located at ,Santa Ana, California. Signature Date Printed Name Executed at Santa Ana, California Signature Date Printed Name Executed at , Santa Ana, California Affidavit Page 6 Santa Ana, Gakfopp;a City Council 31 — 50 11/21/2023 ATTACHMENT C -- 2 ANNUAL TENANT INCOME VERIFICATION FORM Hammistranve vroceaures Manual Rental Residential Development April 27, 2023 City Council 31 — 51 11/21/2023 TENANT INCOME VERIFICATION FORM 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION ORDINANCE CITY OF SANTA ANA Table 1: Annual Household Gross Earned Income 1 List All Sources of Earned Income for all Adult Household Members Living in the Inclusionary Unit Other Adult Head of Household Household Members Total 1. Gross amount, before payroll deductions of $ $ $ wages, salaries, overtime pay, commissions, fees, tips and bonuses 2. Net income from business $ $ $ 3. Social security, annuities, insurance policies, $ $ $ pension/retirement funds, disability or death benefits received periodically 4. Payment in lieu of earnings, such as $ $ $ unemployment, disability compensation, worker's compensation and severance pay 5. Public assistance, welfare payments $ $ $ 6. Alimony, child support, other periodic $ $ $ allowances 7. Regular pay, special pay and allowances of $ $ $ members of the Armed Forces S. Other $ $ $ Subtotal: Monthly Earned Income $ Total Monthly Earned Income x 12 = $ Total Annual Household Gross Earned Income 1 The following items are not considered income: casual or sporadic gifts; amounts specifically for or in reimbursement of medical expenses; lump sum payments such as inheritances, insurance payments, capital gains and settlement for personal or property losses; educational scholarships paid directly to the student or educational institution; special pay to a serviceman head of family away from home and under hostile fire; relocation payments under federal, state or local law; foster child care payments; value of coupon allotments for purpose of food under Food Stamp Act of 1964 which is in excess of amount actually charged the eligible household; payments received pursuant to participation in the following programs: VISTA, Service Learning Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster Grandparent Program, older American Community Services Program, and National Volunteer Program to Assist Small Business Experience. Administrative Procedures Manual Rental Residential Development Page 1April 27, 2023 City Council 31 — 52 11/21/2023 Table 2A., Household Assets 2 List the Value of All Assets Owned by all Adult Household Members Living in the Inclusionary Unit Other Adult Head of Household Return @ 10% Household Members Total of Total 1. Bank & savings accounts $ $ $ $ 2. Stocks and bonds $ $ $ $ 3. Real property $ $ $ $ 4. Other $ $ $ $ Table 213: Income Earned Annually from Household Assets List the Actual Annual Return on All Assets Owned by all Adult Household Members Living in the Inclusionary Unit Other Adult Head of Household Household Members Total 1. Bank and savings accounts $ $ $ 2. Stocks and bonds $ $ $ 3. Real property $ $ $ 4. Other $ $ $ The return on Household assets to be included in the Gross Income calculation is set at the greater of the two amounts shown on the following page: z Necessary items, such as furniture and automobiles, used for personal use are excluded from household assets. Collections of items for hobby, investment or business purposes must be included in household assets. Under California Government Code Section 6914, if the total value of household assets exceeds $5,000, the calculation of the household's annual income shall include the greater of the actual amount of income, if any, derived from all of the household assets; or 10% of the total value of the assets. Tenant Income Verification Form Administrative Procedures Manual: Rental Housing Development Page 2 April 27, 2023 City Council 31 — 53 11/21/2023 Table 2C Annual Asset Income to be Added to Annual Household Gross Earned Income 10%Annual Return Actual Return Return to be Applied 1. Bank and savings accounts $ $ $ 2. Stocks and bonds $ $ $ 3. Real property $ $ $ 4. Other $ $ $ Total Annual Return to be Added to Annual Household Gross Earned Income $ The total Gross Household Income is equal to the sum of the following: Table 3: Calculation of the Household's Total Annual Gross Income Annual Household Gross Earned Income (Table 1) $ Annual Asset income (Table 2C) $ Total Annual Household Gross Income $ Income Documentation Attach True Copies of the Relevant. Documents Listed Below Paycheck stubs from two most recent pay periods Employment verification Income tax return Social security verification Alimony/child support verification Other (Describe) Bank/Savings account verification Self-employment verification Unemployment verification Welfare verification Disability income verification Tenant Income Verification Form Page 3 Administrative Procedures Manual: Rental Housing Development April 27, 2Q23 City Council 31 — 54 11/21/2023 AFFIDAVIT This Affidavit is made with the knowledge that it will be relied upon by the City of Santa Ana, our landlord and the owner of our apartment building, to determine maximum income for eligibility. (1/we) warrant that all information set forth in this document is true, correct and complete and based upon information (1/we) deem reliable and based upon such investigation as (1/we) deemed necessary. (I/We) acknowledge that (1/we) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of (my/our) rental agreement with the property owner to rent the unit and will additionally enable the property owner to initiate and pursue all applicable legal and equitable remedies with respect to the unit and to me/us. (I/We) do hereby swear under penalty of perjury that the foregoing statements are true and correct and that this affidavit has been executed as of the date specified below by each adult member of the household which intends to occupy an Inclusionary Unit located at ,Santa Ana, California. Signature Printed Name Executed at Date Santa Ana, California Signature Date Printed Name Executed at , Santa Ana, California Tenant Income Verification Form Administrative Procedures Manual: Rental Housing Development Page 1 April 27, 2023 City Council 31 — 55 11/21/2023 ATTACHMENT C - 3 NO INCOME CERTIFICATION Aaministrative vroceaures Manual Rental Residential Development April 27, 2023 City Council 31 — 56 11/21/2023 1, NO INCOME CERTIFICATION FOR HOUSEHOLD MEMBER (NAME) certify that as of (DATE), I am not receiving any type of income including, but not limited to, wages and salaries, overtime pay, commissions, fees, tips, bonuses, or any other compensation for personal services, net income from the operation of a business or profession, dividends or interest, net income from any kind of real or personal property, Social Security, annuities, retirement funds, pensions, death or disability benefits, unemployment or disability compensation, workers compensation, severance pay, welfare or other public assistance, alimony, or child support. By this Certification, I declare under penalty of perjury that all of the foregoing information is true and correct. Misrepresentation or misstatement may be a violation of law that could result in a fine, criminal penalty or a default on the Inclusionary Housing Regulatory Agreement made in conjunction with the rental of this Inclusionary Unit. Signature Print Name Date Administrative Procedures Manual Rental Residential Development Page 1 April 27, 2023 City Council 31 — 57 11 /21 /2023 Exhibit D ANNUAL RENTAL RESIDENTIAL DEVELOPMENT COMPLIANCE REPORT 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION ORDINANCE CITY OF SANTA ANA Project Name: Project Address: Total Number of Units in the Project: Compliance Report Completed By: Phone Number: Date: Reporting Period: Number of Very Low Income Units: Unit # Household Name Household Size Household Income Number of Bedrooms Calculation of Net Monthly Rent Date First Occupied Date of Last Income Recertification Gross Rent Minus: Net Rent Other Utility Mandatory Allowance Payments Administrat�j}ro e�gUrj�ua1: 31 — 58 11 /21 /2023 Page 1 Rental Residential Development 8/22/2023 Administrat v�jtr e�gUnt*Ual: 31 — 59 11 /21 /2023 Page 2 Rental Residential Development 8/22/2023 EXHTRIT F, NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY NOTICE IS HEREBY GIVEN that the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, has entered into a Density Bonus Agreement with P & P Bros Corp., a California Corporation ("Property Owner"). The Density Bonus Agreement imposes income and affordability covenants on a twenty two (22) unit affordable housing development project ("Project") located at 322 N. Harbor Boulevard, Santa Ana, Orange County, Assessor's Parcel Number 198051-17, and further described in the legal description provided in Exhibit A to the Density Bonus Agreement. The Density Bonus Agreement was recorded as Document/Instrument Number [TO BE INSERTED], and shall remain in effect until fifty five (55) years from the date a certificate of occupancy is issued for all units in the Project. Among other things, the Density Bonus Agreement requires as follows: (a) two (2) one -bedroom units (the "Affordable Units") shall be restricted for occupancy to a household that qualifies as a "Very -Low Income Tenant," which is defined to mean a household whose income does not exceed fifty (50%) of the area median income for the Orange County, California PMSA, adjusted for household size, and (b) the rent for the Affordable Unit shall not exceed one -twelfth (1/12) of the product of thirty percent (30%) times fifty percent (50%) times the Median Income for Orange County, as adjusted to reflect a reasonable utilities allowance. In the event the Property Owner wishes to sell or transfer the Project during the Affordability Period, the City and the Property Owner shall execute and deposit into escrow this Notice of Affordability Covenants on Transfer of the Property. The sale or transfer of the Property shall not be effective unless and until the City and transferee execute the documents necessary to transfer the Density Bonus Agreement obligations from the Property Owner to the transferee. This Notice of Affordability Covenants on Transfer of the Property in no way modifies the provisions of the Density Bonus Agreement. In the event of any conflict between this Notice of Affordability Covenants on Transfer of the Property and the Density Bonus Agreement, the terms of the Density Bonus Agreement shall prevail. IN WITNESS WHEREOF, the Parties hereto have duly executed this Notice of Affordability Restrictions on Transfer of Property as of the dates set forth below. [Signatures on Following Pages] City Council 31 — 60 11/21/2023 SIGNATURE PAGE TO NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY CITY: CITY OF SANTA ANA A California Charter City and Municipal Corporation Name: Kristine Ridge Its: City Manager Date: APPROVED AS TO LEGAL FORM: Lb-z City Council 31 — 61 11/21/2023 SIGNATURE PAGE TO NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY PROPERTY OWNER: P & P Bros Corp A California Corporation Name: Thao Lisa Vu Its: Date: City Council 31 — 62 11/21/2023 2. SITE PLAN REVIEW NO. 2023-02 AND DENSITY BONUS AGREEMENT NO. 2023-02 FOR THE PROPERTY LOCATED AT 322 NORTH HARBOR BOULEVARD LOCATED IN THE CORRIDOR (CDR) LAND USE DISTRICT WITHIN THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN (SP2) Project Applicant: The Jager Company, Ltd. (Applicant) on behalf of P&P Bros Corp. (Property Owner) Proposed Project: Applicant is requesting approval of Site Plan Review (SPR) No. 2023- 02 and Density Bonus Agreement (DBA) No. 2023-02 to allow the construction of a rental residential development consisting of twenty-two apartment units, with two units proposed as affordable to very low-income household earning less than 50-percent of the area median income (AMI). Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review. Categorical Exemption ER No. 2022-12 will be filed for this project. Recommended Action: • Adopt a resolution approving Site Plan Review No. 2023-02 and Density Bonus Agreement (DBA) No. 2023-02 as conditioned. City Council 31 — 63 11/21/2023 Planning and Building Agency Item # 2 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report September 25, 2023 Topic: Residential Development at Site Plan Review No. 2023-02 and Density Bonus Agreement No. 2023-02 (322 N. Harbor Blvd.) RECOMMENDED ACTION 1. Adopt a resolution approving Site Plan Review No. 2023-02 as conditioned. 2. Adopt a resolution approving Density Bonus Agreement No. 2023-02 as conditioned. EXECUTIVE SUMMARY The Jager Company, Ltd. (applicant), on behalf of P&P Bros Corp. (property owner), is requesting approval of site plan review (SPR) No. 2023-02 and density bonus agreement (DBA) No. 2023-02 to allow the construction of a rental residential development consisting of twenty-two apartment units, with two units proposed as affordable to very low-income households earning less than 50-percent of the area median income (AMI), on a 0.34-acre site located at 322 North Harbor Boulevard. As proposed, the project requires review and approval of an SPR as the development would be over three stories in height. In addition, the project will utilize waivers from development standards and/or development concessions through the density bonus agreement pursuant to California Government Code sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Section 41-1600 through 41- 1607. Moreover, the project requires approval by the Planning Commission and City Council for a density bonus to allow up to 64.71 dwelling units per acre (du/ac). The request satisfies the purpose and intent of the Harbor Mixed Use Corridor Specific Plan (SP2) to provide additional affordable housing stock to an underserved segment of the region's population. As a result, staff recommends approval of the SPR and DBA. DISCUSSION Table 1: Project and Location Information Item Information Project Address and Council Ward 322 N. Harbor Blvd. — Ward 1 Nearest Intersection North Harbor Boulevard and West Fifth Street General Plan Designation Urban Neighborhood -Medium High UN-50 QUA2003cil 2-1 31 — 64 11 /21 /2023 Planning Commission SPR No. 2023-02 and DBA No September 25, 2023 Page 2 2023-02 (322 N Harbor Blvd.) Zoning Designation Corridor (CDR) district within the Harbor Mixed Use Corridor Specific Plan (SP2) Surrounding Land Uses North Commercial East Vacant South Commercial West Multi -Family Residential Property Size 0.34-acres (14,824 square feet) Existing Site Development The site is currently developed with a 1,495 square -foot single story commercial building. Use Permissions Multi -Family Residential (permitted under Corridor district within SP2 Uses Article XVI.I (Density Bonus); CDR, Zoning Code Sections Affected Table 3-2. Permitted Uses Development CDR, Tables 3-3 through 3-9. Standards Project Description The project includes the construction of a new four-story residential building with flats consisting of twenty-two apartment units, 3,377 square feet of open space, twenty-two parking spaces, and five bicycle spaces. The residential development will include eighteen one -bedroom units, four two -bedroom units, a fitness room, and a community room/leasing office. Each of the twenty-two units will contain full kitchens, bedrooms, bathrooms, and open/common (living) areas, and private decks. Of the total units in the development, two units are proposed to be affordable to very low-income households earning less than 50-percent of the area median income (AMI), which is currently set at $71,750, adjusted for a four -person household size, as published by California Department of Housing and Community Development (HCD). The project features a contemporary architectural style similar to many multiple -family or mixed -use residential communities under construction in the region and is complementary to the emerging architectural style in the Specific Plan area. The overall design, massing, features, and materials of the new construction will be compatible with, but differentiated from the existing neighborhood. The contemporary architectural style would include synthetic exterior board siding, stucco finishes, vinyl frame windows, metal railings for proposed decks, wood framed awnings, split -face CMU walls, and high -quality architectural detailing. Moreover, the structure is designed to fully screen all mechanical equipment within the structure and parapet walls. Overall, the project will include a design and solid construction materials that will ensure that the project ages well for the duration of the building's lifetime. Density Bonus The California Density Bonus law allows developers proposing five or more residential units to seek increases in base density for providing on -site housing units in exchange for providing affordable units on site. To help make constructing on -site affordable units , 2003cil 2-2 31 — 65 11 /21 /2023 Planning Commission SPR No. 2023-02 and DBA No September 25, 2023 Page 3 2023-02 (322 N Harbor Blvd.) feasible, the law allows developers to seek up to three incentives/concessions and an unlimited number of waivers that facilitate production of units, which are essentially variances from development standards that would help the project be built without significant burden and without detriment to public health. The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. In early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to "justify" the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. Pursuant to the California Density Bonus law, a project's affordability level is determined by dividing the number of proposed affordable units by the allowable "base" density (i.e., 50 du/ac). Moreover, the State density bonus law states that units added by a density bonus are excluded from the calculations. As outlined by Table 2 below, the base density for the 0.34-acre site at 50 du/ac is 17 units. Of the total units in the development, two units are proposed to be affordable to very low-income. Therefore, the project would have an eleven - percent affordability rate. As such, State density bonus law allows the developer to request a maximum density bonus of 35-percent. Due to the project's eleven -percent affordability rate, the developer can seek two density bonus concessions and unlimited waivers that assist with production of the units onsite, pursuant to Section 65915 et al. of the California Government Code (Density Bonuses and Other Incentives). In addition, California Assembly Bill No. 2345, approved September 28, 2020, revised the State Density Bonus Law originally adopted in 1979 to provide additional benefits for projects that include qualifying affordable housing. Pursuant to Section 65915 et al. of the California Government Code, the developer is requesting a 35-percent density bonus. As such, the maximum unit yield for the 0.34-acre site using the most "intense" building type allowed in CDR and the State density bonus is twenty-three units, as outlined in Table 2. However, the applicant is proposing to develop twenty-two units on the site. Table 2: Density Bonus Calculation Affordable Unit — 11% (2 units)* Density Bonus Calculation Units Allowed Base Density - Stacked Dwelling Building type 0.34 acres x 50 du/ac 17 Units** (most "intense" type allowed in CDR) 35-Percent State Density Bonus (17 units x 0.35) +6 Units** Total Units Allowed 23 Units Total Units Proposed 22 Units *Affordable unit percentage is calculated excluding units added by a density bonus. **AB 2501 states that any density calculations resulting units shall be rounded up to the next whole number. Applies to: Number of affordable units required to be eligible for the density bonus; Base density i.e. the number of affordable units in the base project); and Eligible bonus units. The purpose of the State's Density Bonus Law is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments. Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny requested concessions and A2003cil 2— 331 — 66 11 /21 /2023 Planning Commission SPR No. 2023-02 and September 25, 2023 Page 4 DBA No. 2023-02 (322 N Harbor Blvd.) waivers and is preempted from denying the Density Bonus Agreement application. Although the City has analyzed the project and has identified several areas of concern, the conditions of approval proposed for the project are intended to address any of the project's potential impacts. Table 3 outlines the incentives/concessions and waivers requested by the applicant. Table 3: Requested Incentives/Concessions SP2 Standard Requirement Provided Open Space — Common Open Space - 15% of lot Common Open Space - 5% of lot Minimum Common (2,224 square feet) (800 square feet) Open Space (Stacked Dwelling SP-2, Table 3-9. Onsite Open Space Requires Concession (1 of 2), Cal. building type) Requirements Gov't Code Sec. 65915 d 1 2 B Building Frontage Requires building to provide a Proposed design does not provide a Type and Floor Frontage Type identified. frontage consistent with the SP2. Height SP-2, Table 3-4. Frontage Floor Requires Concession (2 of 2), Cal. Height Minimums and Districts Gov't Code Sec. 65915 (d)(1)(2)(B) • Lot width required for Stacked . Existing lot width is 100 feet Lot Size/Width Dwellings is between 125 feet and (Stacked Dwelling building type) 200 feet. SP2, Table 3-3. Building Type and Requires Waiver, Cal. Gov't Code Form Sec. 65915 (e)(1) • 800 square feet of open space • Minimum 2/3 of open space is provided that is open to sky, required to be open to the sky deficient 682 square feet; does not Onsite Open Space (1,482 square feet) meet definition of courtyard or (Stacked Dwelling Type) • Designed as courtyard of forecourt. forecourt Open space that is open to the sky SP-2, Table 3-9. Onsite Open Space is design as a deck Requirements Requires Waiver, Cal. Gov't Code Sec. 65915 e 1 Onsite Parking In addition, the site is parked in compliance with California Government Code 65915 (p)(2)(A) and provides twenty-two total surface parking spaces or one space per unit. Per the California Density Bonus Law, a jurisdiction cannot impose a vehicular parking ratio that exceeds 0.5 spaces per unit, inclusive of handicapped and guest parking, when the development includes a minimum of eleven -percent very low-income units, is located within one-half mile of a major transit stop, and when there is unobstructed access to the major transit stop from the development. At one space per unit, the proposed development exceeded the minimum required parking ratio by 0.5 space per unit. Analysis of the Issues Density Bonus Agreement QUA2003cil 2-4 31 — 67 11 /21 /2023 Planning Commission SPR No. 2023-02 and DBA No September 25, 2023 Page 5 2023-02 (322 N Harbor Blvd.) Pursuant to Section 41-1607 of the SAMC, an application for a density bonus agreement is required to be approved by the Planning Commission for any project containing "deviations" (incentives/concessions and/or waivers). The Planning Commission's review of the density bonus agreement is based on the following findings: 1. The proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. 2. The development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. 3. The deviation is necessary to make it economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to section 41- 1603. Table 4: Analysis of the Requested Incentives/Concessions (2) and Waivers (2) Standard Analysis Minimum Common Open Table 3-9 (Onsite Open Space Requirements) in the Harbor Mixed -Use Space Requirement Transit Corridor Plan (SP2) requires a minimum of 15% of the lot size to be provided as common open space or plaza space. As proposed, the project provides 5 percent common open space or 800 square feet in the form of a common open deck on the second floor. Strict adherence to this common open space requirement would result in a reduction in the number of units that can be provided in the overall project, thus reducing the applicant's ability to achieving the full 35-percent density bonus to which the applicant is entitled under State Housing Law and affecting the feasibility to construct the project. In order to provide the required common open space and maintain the current proposed unit count, the developer would be required to construct additional floor levels, which would exceed the maximum allowable height as part of the Harbor Mixed Use Transit Corridor Plan (SP-2), and would further increase development costs making the project economically infeasible. To help alleviate the common open space deficiency, the project proposes a 1,477-square-foot community room, a separate fitness room, and an average of 50 square feet of private open space per unit (1,100 square feet total), through use of private balconies/decks for each unit. A2003cil 2 — 531 — 68 11 /21 /2023 Planning Commission SPR No. 2023-02 and September 25, 2023 Page 6 DBA No. 2023-02 (322 N Harbor Blvd.) Building Frontage Type and Floor Height Table 3-4 (Frontage Floor Height Minimums and Districts) of the SP2 indicate that arcade, gallery, shop front, forecourt, stop, and front yard/porch are the six allowed frontage types. As proposed, the project does not identify a frontage type that is consistent with SP2. Maintaining the required frontage type and minimum floor heights would result in a complete site and architectural redesign, involving more of the site area dedicated to the frontages design. In order to maintain the current proposed unit count, the developer would be required to redesign the site and elevation design, further increasing development costs and potentially leading to a loss of residential units, and a loss of further open space. Additionally, adherence to the frontage and floor height minimum requirements would be economically infeasible, as it would require additional cost to provide the materials required for the allowed frontage types. Lot Size/Width (Stacked Table 3-3 (Building Type and Form) of the SP2 required Stacked Dwellings Dwelling building type) to have the minimum lot size dimensions of 130 feet deep and 125-200 feet wide. As proposed, the project is located in a lot with the lot size dimensions of 148.25 feet deep and 100 feet wide. The proposed development is located on an existing lot surrounded by existing commercial and residential development. Specifically, the project is abutting an apartment complex that was first constructed in 1986 to the west and commercial buildings that were constructed in 1962 to the north and south. In order to comply with lot width standards, the developer would be required to purchase a lot to the north or south and demolish the existing development on either site. This would result in increasing costs and would make the project infeasible. Moreover, the development site and adjacent properties all have smaller than average lot widths, compared lots along north Harbor Boulevard. These lots range in lot depth and width, but most exceed 200 feet in lot width. In comparison, the site would have a lot width and depth of 148.25 feet deep and 100 feet wide, with a deviation of 25 feet for the minimum required lot width. Although the site has a deviation of 25 feet in the lot width, the applicant's stacked dwelling building design still accomplishes the intention of the SP2 by providing a compatible design and balanced composition of massing on the project site, with appropriate interior floor area and individual unit sizes. Onsite Open Space Pursuant to the Open Space Standards in SP2, the total onsite open space (Stacked Dwelling open to the sky must be two-thirds and designed as a courtyard or forecourt. building type) Based on the lot size for the proposed project, the total onsite open space open to the sky should be 1,482 square feet and designed as a courtyard or forecourt. As proposed, the project will have an 800 square -foot deck. As proposed, the project provides 800 square feet of open space that is designed as a deck open to the sky. The deck will be furnished, landscaped, and connected to the interior 1,477-square-foot community room. The proposed configuration would provide a contiguous 2,277 square feet of open space. Strict adherence to the two-thirds requirement would lead to the elimination of two or more units, which would affect the feasibility to construct the project. In order to maintain the current proposed unit count, the developer would be required to construct additional floor levels or required to provide underground parking, which would further increase development , 2003cil 2 — 631 — 69 11 /21 /2023 Planning Commission SPR No. 2023-02 and September 25, 2023 Page 7 DBA No. 2023-02 (322 N Harbor Blvd.) costs and make the project financially infeasible. Moreover, due to the site's limited size, the project proposed podium level parking, and the residential units stacked above the podium parking. Creating a courtyard or forecourt, would result in the project reducing the number of units by two or more in order to adhere to the open space standards. When analyzed cumulatively, the requested concessions and waivers could be avoided if the project were designed on a different site or using a different site plan. If the project were designed on a larger site with a multi -level parking and/or subterranean parking structure, or if the applicant used different building materials to construct a taller project on a larger site, additional area on site would become available to provide the open space requirements and the allowed building frontage type. However, these changes would increase development costs, resulting in the housing project becoming financially infeasible due to the significantly increased financial implications of an alternative construction type compared to the relatively smaller scale of the project. In addition, these changes would reduce the number of units that could be constructed on the site and therefore eliminate the affordable housing units that would result from the project. In addition, the changes would increase development costs and reduce the financial feasibility of redeveloping the site, resulting in the affordable housing project becoming financially infeasible due to the significantly increased financial implications. Lastly, the proposed deviations are necessary to make the project economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to Section 41- 1603 of the SAMC. Site Plan Review Pursuant to Chapter 3 (Land Use Plan and Development Standards) of the SP2, any structure that exceeds three (3) stories in height is subject to discretionary review and approval of a site plan review (SPR) by the Planning Commission, for compliance with the SP2. Planning staff has reviewed the project for compliance with the SP2 and all applicable development standards and City design guidelines. As proposed, the development would meet all required SP2 development standards and City design guidelines, with exception of the requested concessions and waivers identified as part of the density bonus agreement analysis (i.e., minimum common open space, building frontage and floor height, lot width, and onsite open space requirements). The proposed development will incorporate residential units that are in close proximity to the corridor, which will increase street presence and create new activity throughout the day. It would also add further visibility along the street, contributing to an improved sense of community and safety. As a result, the proposed project will bring a safer and more vibrant atmosphere for corridor users. Moreover, the proposed project will be compatible with adjacent development and achieve the design and development principles outlined in SP2. As previously mentioned, the project features a contemporary architectural style similar to many multiple -family or mixed -use residential communities under construction in the QUA20 d3cil 2 — 7" — 70 11 /21 /2023 Planning Commission SPR No. 2023-02 and DBA No September 25, 2023 Page 8 2023-02 (322 N Harbor Blvd.) Specific Plan area and the region. The overall design, massing, features, and materials of the new construction will be compatible with, but differentiated from the existing neighborhood. Furthermore, the City's Development Review Committee (DRC) has reviewed the project and finds that it is in compliance with the majority of development standards contained within SP2, with the exception of the noted request for concessions/incentives and waivers to allow deviation from the code requirements aforementioned. General Plan Consistency The proposed project is located in the Urban Neighborhood -Medium High (UN-50) land use designation of the General Plan, which allows for development of semi -urban villages that are well connected to schools, parks, and shopping centers. Additionally, projects in the UN- 50 are in areas that are accessible by multiple modes of transportation, have lively and pedestrian -friendly streetscapes and are designed to foster community interaction. The land use designation allows a mix of uses, including medium and medium -high density apartments, townhomes, garden- or motor -court homes, and neighborhood- serving commercial. Moreover, approval of the SPR will be consistent with the goals and policies of the General Plan. Specifically, goals 1, 3, and 4 of the Land Use Element. Goal 1 of the Land Use Element (LU) encourage responsible growth by providing a land use plan that improves the quality of life and respects the existing community. Policy 1.1 of the LU asks that new projects foster compatibility between land uses to enhance livability and promote healthy life styles. Policy 1.2 and 1.5 of the LU encourage innovative development policies to expand homeownership opportunities at all income levels and quality infill residential development that provide a diversity of housing type for all income levels and age groups. Policy 1.8 of the LU encourages development tradeoff to ensure that new development project provide a net community benefit. Goal 3 of the LU encourages the preservation and improvement of the character and integrity of the existing neighborhoods and districts. Policy 3.1 of the LU supports new development that provides a net community benefit and contributes to the neighborhood character and identity. Goal 4 supports a sustainable Santa Ana through improvements to the built environment. Policy 4.1 of the LU encourages the promotion of complete neighborhoods by encouraging a mix of complementary uses, community services, and people places within a walkable area. Lastly, Policy 4.6 supports diverse and innovative housing types that improve living conditions and promote a healthy environment. Approval of the requested entitlements would contribute towards the City's rental housing stock to serve the needs of diverse and underserved populations. Moreover, the construction of this project will contribute toward an economically balanced community by providing housing for different demographic and income levels in an area rich with employment opportunities, commercial development, and market -rate housing. Lastly, approval of the requested entitlements would promote residential development, QUA2003cil 2 — 831 — 71 11/21/2023 Planning Commission SPR No. 2023-02 and DBA No September 25, 2023 Page 9 2023-02 (322 N Harbor Blvd.) enhanced/healthy life styles, and would contribute to the net community benefit by improving the corridor along Harbor Boulevard. Affordable Housing Opportunity and Creation Ordinance (AHOCO) The proposed development is subject to the requirements of the City's Affordable Housing Opportunity and Creation Ordinance (AHOCO), which requires rental unit developments to provide a minimum number of affordable units, depending on the proposed affordability level (i.e., low-income, very low-income, extremely low-income, or a combination). In this case, the developer is proposing to provide very low-income units. Pursuant to the AHOCO, the applicant is required to provide ten percent (10%) very low-income onsite affordable units. Therefore, two very low-income units would be required to be provided onsite to be rented for occupancy, or held vacant and available for immediate occupancy, by very low-income tenants. The developer is proposing to satisfy the AHOCO by providing two onsite rental units for rent to very low-income tenants. These units will be dispersed throughout the community and will each contain one bedroom and will be approximately 633 square feet in size (gross area), with a 50-square-foot deck. The developer's Inclusionary Housing Plan has been reviewed and approved by the City's Housing Division, which determined the unit type to be restricted as affordable (i.e., one -bedroom) based on the breakdown of total unit types proposed (e.g., 18 one -bedroom units proposed). Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided in Exhibit 12. In addition, staff contacted the provided contacts for the Riverview West and Santa Anita Neighborhood Associatione to ensure they were aware of the project and public hearing. At the time this report was printed, no issues of concern were raised regarding the proposed development. ENVIRONMENTAL IMPACT Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared and certified in 2014 in orderto address the potential environmental impacts associated with the Harbor Mixed Use Corridor Specific Plan. A mitigation monitoring and reporting program (MMRP), findings of fact, and a statement of overriding consideration were adopted with the 2014 EIR. As proposed, the development is not anticipated to have additional environmental impacts not addressed in the 2014 EIR. Therefore, no additional environmental review will be required. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022- 12 will be filed for this project. However, all applicable mitigation measures in the original QUA2003cil 2-9 31 — 72 11 /21 /2023 Planning Commission SPR No. 2023-02 and DBA No September 25, 2023 Page 10 2023-02 (322 N Harbor Blvd.) EIR and associated MMRP will be enforced. The 2014 Harbor Mixed Use Plan EIR and MMRP have been provided as Exhibit 11 for reference. EXHIBIT(S) 1. Resolution Approving SPR No. 2023-02 as conditioned 2. Resolution Approving DBA No. 2023-02 as conditioned 3. Vicinity Zoning and Aerial View 4. Site Photos 5. Site Plan 6. Unit Floor Plans 7. Building Elevations 8. Conceptual Rendering 9. Preliminary Landscape Plans 10. Draft Density Bonus Agreement 11. 2014 Harbor Mixed Use Plan EIR 12. Copy of Public Notice Submitted By: Fernanda Arias, Assistant Planner I Approved By: Minh Thai, Executive Director, Planning and Building Agency QUA2003ciI 2 — 101 — 73 11 /21 /2023 Planning Commission RESOLUTION NO. 2023-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2023-02 AS CONDITIONED FOR A NEW RENTAL RESIDENTIAL DEVELOPMENT WITH TWENTY TWO UNITS, EXCEEDING THREES STORIES IN HEIGHT FOR THE PROPERTY LOCATED AT 322 NORTH HARBOR BOULEVARD (APN: 198-051-17) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The Jager Company, Ltd. (Applicant), on behalf of P&P Bros Corp. (Property Owner), is requesting approval of Site Plan Review (SPR) No. 2023-02 and concurrent Density Bonus Agreement (DBA) No. 2023-02 to allow the construction of a rental residential development, consisting of twenty-two apartment units with two units proposed as affordable to very - low income households earning less than 50 percent of the area median income (AMI) for the property located at 322 N. Harbor Boulevard. B. The zoning designation for the subject property is Corridor (CDR) district in the Harbor Mixed Use Transit Corridor Plan (SP2). C. The Harbor Mixed Use Transit Corridor Specific Plan was adopted in 2014 to lay the foundation for a more livable and sustainable corridor by creating zoning to allow for new housing and mixed -use development opportunities, providing development flexibility to meet market demands, using a multimodal approach to circulation, and creating a stronger identity for the area. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including affordable residential communities, live/work units, service and retail, and professional offices. D. Pursuant to Table 3-2 (Permitted Uses) and Section 7-1 of the Harbor Mixed Use Transit Corridor Plan, discretionary review and approval of a Site Plan Review (SPR) request is required by the Planning Commission for all development projects where the proposed structures are over three (3) stories in height. E. The proposed project includes the construction of a new four-story residential building with flats/apartments consisting of twenty-two apartment Resolution No. 2023-XXX A2003cil 2 —1 ?1 — 74 11/21 23 f 10 Planning Commission units, 3,377 square feet of open space, twenty-two parking spaces, and five bicycle spaces. F. The proposed residential building would exceed the three stories in height. As such, the development project is subject to discretionary review and approval of an SPR application by the Planning Commission. G. The Applicant's request has been thoroughly evaluated by the City's Development Review Committee (DRC) through Development Project No. 2022-03. Through this review, the DRC has considered the subject site, proposed development, and the Applicant's requests for the site plan review approval. H. On September 25, 2023, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. The Planning Commission determines that based on the following review, the project has been determined to be in compliance with all applicable provisions and development standards outlines within the CDR district in the Harbor Mixed Use Transit Corridor Plan: 1. That the proposed development plan is consistent with and will further the objectives outlined in Chapter 1 (Guiding Principles) of the Harbor Mixed Use Transit Corridor Plan. The proposed development will incorporate residential units that are in close proximity to the corridor, which will increase street presence and create new activity throughout the day. It would also add further visibility along the street, contributing to an improved sense of community and safety. As a result, the proposed project will bring a safer and more vibrant atmosphere for corridor users. 2. That the proposed development plan is consistent with the development standards specified in Chapter 3 (Land Use Plan and Development Standards) of the Harbor Mixed Use Transit Corridor Plan. The Pursuant to Chapter 3 (Land Use Plan and Development Standards) of the SP2, any structure that exceeds three (3) stories in height is subject to discretionary review and approval of a site plan review (SPR) by the Planning Commission, for compliance with the SP2. Planning staff has reviewed the project for compliance with the SP2 and all applicable development standards and City design guidelines. As proposed, the development would meet all required SP2 development standards and City design guidelines, with Resolution No. 2023-XXX l Q0913ciI 1 — 75 11/21 f 10 Planning Commission 2 — 1 exception of the requested concessions and waivers identified as part of DBA No. 2023-02 application, which has been concurrently filed with the subject SPR application. The requested concessions include a reduced common open space and a building frontage type for the stacked dwelling building type. Additionally, DBA No. 2023-02 is requesting waivers for the project to have reduced onsite open space that is open to the sky, reduced lot width, and a deviation from the courtyard or forecourt open space design requirement. To address the open space requirements, the project proposes connecting an 800- square-foot deck to a 1,100-square-foot community room, creating a contiguous 1,900 square feet of open space. 3. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives and development principles specified in Chapter 3 (Land Use Plan and Development Standards) and Chapter 6 (Design Guidelines) of the Harbor Mixed Use Transit Corridor Plan. The proposed project aligns with the adjacent development, adhering to the design and development principles specified in the Harbor Mixed Use Transit Corridor. The project exceeds three stories in height, which is allowed in the Corridor (CRD) land use district subject to review and approval of the SPR. Additionally, the project is situated to the east of an existing multi -family residential complex of similar height and scale. Moreover, the project is designed to meet the stacked building type listed in Chapter 3. Lastly, per the DBA No. 2023-02 application, the proposed project seeks concessions/incentives enabling a 5 percent common open space provision and a building frontage type that deviates from the Harbor Mixed Use Transit Corridor plan requirements. Additionally, under DBA No. 2023-02, the project requests waivers for reduced lot width, reduced on -site open space that retains an open -sky characteristic, and a deviation from the courtyard or forecourt open space design prerequisite. 4. That the proposed land uses, site design, and operation considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Chapter 4 (Mobility Plan) of the Harbor Mixed Use Transit Corridor Plan. The Development Review Committee (DRC) assessed the proposed project under Development Review Project (DP No. 2022-03). Consequently, the project was tailored to include Resolution No. 2023-XXX l Q0913ci I 2— 1P- 76 11 /2YN&I o Planning Commission bicycle parking, maintain compatibility with the adjacent multi- family neighborhood and commercial development, seamlessly integrate with the existing corridor operations, and allocate a twelve -foot dedication. This dedication serves the purpose of advancing SP2 objectives, aiming to enhance pedestrian and bicycle amenities and connections. Furthermore, the proposed project resides within a half -mile radius of a bus rapid transit stop. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, an Environmental Impact Report (EIR) was prepared and certified in 2014 in order to address the potential environmental impacts associated with the Harbor Mixed Use Plan. A mitigation monitoring and reporting program (MMRP), findings of fact, and a statement of overriding consideration were adopted with the 2014 EIR. As proposed, the development is not anticipated to have additional environmental impacts not addressed in the 2014 EIR. Therefore, no additional environmental review will be required. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-12 will be filed for this project. However, all applicable mitigation measures in the original EIR and associated MMRP will be enforced. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Site Plan Review No. 2023-02 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 25, 2023, and exhibits Resolution No. 2023-XXX Q0913ci l 2 — 1 V — 77 11 /21 23 f 10 Planning Commission attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 25t" day of September 2023, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Jose Montoya Assistant City Attorney Resolution No. 2023-XXX A2003cil 2 — 191 — 78 11/21 3 f 10 Planning Commission CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 25, 2023. Date: Recording Secretary City of Santa Ana Resolution No. 2023-XXX A2003cil 2 — 161 — 79 11/21 3 f 10 Planning Commission EXHIBIT A Conditions for Approval for Site Plan Review No. 2023-02 Site Plan Review No. 2023-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by the Density Bonus Agreement. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation/termination of the Density Bonus Agreement. 1. All proposed site improvements must conform to the Development Project (DP) approval of DP No. 2022-03. 2. Any amendment to the DP No. 2022-03, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the Development Project Review must be amended. 3. All mechanical equipment shall be screened from view from public and courtyard areas. 4. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during project construction. 5. Prior to issuance of building permits, the Applicant shall provide written notification to the residential community located to the west of the site. This notification shall include comprehensive information about the nature of the proposed activities, anticipated timelines, and contact information for inquiries. The notification shall be delivered via certified mail. Additionally, a designated representative shall be available to address any concerns or inquiries raised by the residential community during this notification period. 6. Prior to issuance of building permits, the Applicant shall submit to the Planning Division and have approved a Parking Management Plan (PMP). The PMP shall provide for measures to address any parking shortages that may result from the project, with terms including but not limited to: Resolution No. 2023-XXX A2003cil 2 — 1�1 — 80 11/21 3 f 10 Planning Commission a. Requiring onsite parking permits (such as stickers or hang -tags) for any parking in the onsite parking spaces for both residents and guests; b. Policies for maximum time vehicles maybe parked in the surface parking spaces, including any guest parking; and c. Policies for towing unauthorized vehicles; vehicles parked in unauthorized locations, such as fire lanes; vehicles parking in surface guest parking without a sticker, hang -tag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed. 7. Two weeks prior to the commencement of construction, notification must be provided to property owners within 500 feet of the project site disclosing the construction schedule, including the various types of activities that would be occurring throughout the duration of the construction period. 8. Prior to installation of landscaping, the Applicant shall submit representative photos and specifications of all trees to be installed on the project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (24 inches minimum), brown trunk height (10-foot minimum), and name and location of the supplier. 9. After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 10. Prior to final occupancy, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); Resolution No. 2023-XXX MUCOU13cil 2— 191 — 81 11 /IT30TV 10 Planning Commission b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement; g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a Resolution No. 2023-XXX Q6fdBci I 2— 1 d 1— 82 11 / 0 3 f o Planning Commission lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City; and h. The execution and recordation of the maintenance agreement shall be a condition precedent to the Certificate of occupancy. Resolution No. 2023-XXX O03cil 31 — 83 11/ f 10 , Planning Commission 2 — 2Q RESOLUTION NO. 2023-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2023-02 AS CONDITIONED FOR A NEW RENTAL RESIDENTIAL DEVELOPMENT WITH TWENTY TWO UNITS FOR THE PROPERTY LOCATED AT 322 NORTH HARBOR BOULEVARD (APN: 198-051-17) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The Jager Company, Ltd. (Applicant), on behalf of P&P Bros Corp. (Property Owner), is requesting approval of Density Bonus Agreement (DBA) No. 2023-02 and concurrent Site Plan Review (SPR) No. 2023-02 to allow the construction of a rental residential development, consisting of twenty-two apartment units with two units proposed as affordable to very low-income households earning less than 50 percent of the area median income (AMI) for the property located at 322 N. Harbor Boulevard. B. The Harbor Mixed Use Transit Corridor Specific Plan was adopted in 2014 to lay the foundation for a more livable and sustainable corridor by creating zoning to allow for new housing and mixed -use development opportunities, providing development flexibility to meet market demands, using a multimodal approach to circulation, and creating a stronger identity for the area. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including affordable residential communities, live/work units, service and retail, and professional offices. C. The California Density Bonus law allows developers to seek increases in base density for providing on -site housing units in exchange for providing affordable units on site. To help make constructing on -site affordable units feasible, the law allows developers to seek incentives/concessions or waivers that would help the project be built without significant burden and without detriment to public health. D. The Applicant's request has been thoroughly evaluated by the City's Development Review Committee (DRC) through Development Project No. 2022-03. Through this review, the DRC has considered the subject site, proposed development, and the Applicant's requests for incentives/concessions and waivers pursuant to the State's Density Bonus Law. Resolution No. 2023-XXX A2003ci I 2 — 2 T 1 — 84 11 /21 23 f 12 Planning Commission E. Section 41-1607 of the Santa Ana Municipal Code (SAMC) requires an application for a density bonus agreement containing deviations (incentives/concessions and/or waivers) to be approved by the Planning Commission. F. On September 25, 2023, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. G. The Planning Commission determines that the following findings, which must be established in order to grant this Density Bonus Agreement application pursuant to SAMC Section 41-1607, have been established for Density Bonus Agreement No. 2023-02 to allow construction of the proposed project: 1. That the proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city. The proposed development will provide twenty-two residential rental units, including two units for very low-income households, contributing toward the City's rental housing stock to serve the needs of diverse and underserved populations. The area in which the project is proposed, the Harbor Mixed Use Transit Corridor, currently contains a mix of uses, including single-family residential, medium and medium -high density apartments, townhomes, and neighborhood- serving commercial. The construction of this project will contribute toward an economically balanced community by providing housing for different demographic and income levels in an area rich with employment opportunities, commercial development, and market -rate housing. 2. That the development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. The project site is in an area already identified in both the City's Zoning Code (the Harbor Mixed Use Transit Corridor) and General Plan (the Land Use and Housing elements) for new residential communities. Moreover, the City's General Plan land use designation for the project site is Urban Neighborhood - Medium High (UN-50), which allows for the development of semi -urban villages that are well connected to schools, parks, and shopping centers. These areas are accessible by multiple Resolution No. 2023-XXX Q0913cil 1 — 85 11/21 f 12 Planning Commission 2 — 2 modes of transportation, have lively and pedestrian -friendly streetscapes, and are designed to foster community interaction. This designation allows a mix of uses, including medium and medium -high density apartments, townhomes, garden- or motor -court homes, and neighborhood- serving commercial. Mixed -use projects are allowed in both horizontal configurations, with commercial and residential uses side -by - side, and vertical, with commercial uses on the ground floor and residential above. Lastly, the proposed density of 64.71 dwelling units per acre (du/ac) is allowed by the density bonus provisions in the California Density Bonus Law for a eleven - percent affordability rate for two very -low income units (35- percent State Density Bonus). 3. That the deviation is necessary to make it economically feasible for the Applicant to utilize a density bonus authorized for the development pursuant to section 41-1603. The proposed project requires two deviations through incentives/concessions: (1) minimum common open space and (2) building frontage type/floor height; as well as two deviations through a waiver; (1) lot size/width; and (2) onsite open space (i.e., open to the sky, open space design, and interior open space). The deviations are described as follows: Minimum Common Open Space Requirement Table 3-9 (onsite Open Space Requirements) in the Harbor Mixed -Use Transit Corridor Plan (SP2) requires a minimum of 15 percent of the lot size to be provided as common open space or plaza space. As proposed, the project provides 5 percent common open space or 800 square feet in the form of a common open deck on the second floor. Strict adherence to this common open space requirement would result in a reduction in the number of units that can be provided in the overall project, thus not achieving the full 35-percent density bonus to which the Applicant is entitled and affecting the feasibility to construct the project. In order to provide the required common open space and maintain the current proposed unit count, the developer would be required to construct additional floor levels, which would exceed the maximum allowable height as part of the Harbor Mixed Use Transit Corridor Plan (SP-2), and would further increase development costs making the project economically infeasible. To help alleviate the common Resolution No. 2023-XXX l Q0913ci I 2— Al —86 11 /2YN&f 12 Planning Commission open space deficiency, the project proposes a 1,477-square- foot community room, a separate fitness room, and an average of 50 square feet of private open space per unit (1,100 square feet total), through use of private balconies/decks for each unit. Building Frontage Type and Floor Height Requirement (Incentive/Concession) Table 3-4 (Frontage Floor Height Minimums and Districts) of the SP2 indicate that arcade, gallery, shop front, forecourt, stop, and front yard/porch are the six allowed frontage types. As proposed, the project does not identify a frontage type that is consistent with SP2. Maintaining the required frontage type and minimum floor heights would result in a complete site and architectural redesign, involving more of the site area dedicated to the frontages design. In order to maintain the current proposed unit count, the developer would be required to redesign the site and elevation design, further increasing development costs and potentially leading to a loss of residential units, and a loss of further open space. Additionally, adherence to the frontage and floor height minimum requirements would be economically infeasible, as it would require additional cost to provide the materials required for the allowed frontage types. Lot Size/Width (Stacked Dwelling building type) (Waiver) Table 3-3 (Building Type and Form) of the SP2 required Stacked Dwellings to have the minimum lot size dimensions of 130 feet deep and 125-200 feet wide. As proposed, the project is located in a lot with the lot size dimensions of 148.25 feet deep and 100 feet wide. The proposed development is located on an existing lot surrounded by existing commercial and residential development. Specifically, the project is abutting an apartment complex that was first constructed in 1986 to the west and commercial buildings that were constructed in 1962 to the north and south. In order to comply with lot width standards, the developer would be required to purchase a lot to the north or south and demolish the existing development on either site. This would result in increasing costs and would make the project infeasible. Moreover, the development site and adjacent properties all have smaller than average lot widths, compared lots along north Harbor Boulevard. These Resolution No. 2023-XXX COU13cil 2 — 241 — 87 11/21 23 f 12 Planning Commission lots range in lot depth and width, but most exceed 200 feet in lot width. In comparison, the site would have a lot width and depth of 148.25 feet deep and 100 feet wide, with a deviation of 25 feet for the minimum required lot width. Although the site has a deviation of 25 feet in the lot width, the Applicant's stacked dwelling building design still accomplishes the intention of the SP2 by providing a compatible design and balanced composition of massing on the project site, with appropriate interior floor area and individual unit sizes. Onsite Open Space (Stacked Dwelling building type) (Waiver) Pursuant to the Open Space Standards in SP2, the total onsite open space open to the sky must be two-thirds and designed as a courtyard or forecourt. Based on the lot size for the proposed project, the total onsite open space open to the sky should be 1,482 square feet and designed as a courtyard or forecourt. As proposed, the project will have an 800 square - foot deck. As proposed, the project provides 800 square feet of open space that is designed as a deck open to the sky. The deck will be furnished, landscaped, and connected to the interior 1,477-square-foot community room. The proposed configuration would provide a contiguous 2,277 square feet of open space. Strict adherence to the two-thirds requirement would lead to the elimination of two or more units, which would affect the feasibility to construct the project. In order to maintain the current proposed unit count, the developer would be required to construct additional floor levels or required to provide underground parking, which would further increase development costs and make the project financially infeasible. Moreover, due to the site's limited size, the project proposed podium level parking, and the residential units stacked above the podium parking. Creating a courtyard or forecourt, would result in the project reducing the number of units by two or more in order to adhere to the open space standards Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, an Environmental Impact Report (EIR) was prepared and certified in 2014 in order to address the potential environmental impacts associated with the Harbor Mixed Use Plan. A mitigation monitoring and reporting program (MMRP), findings of fact, and a statement of overriding consideration were adopted with the 2014 EIR. As proposed, the development is not anticipated to have additional environmental impacts not addressed in the 2014 EIR. Therefore, no additional environmental review will be required. Based on this analysis, a Notice of Exemption, Environmental Review Resolution No. 2023-XXX A2003cil 2-291 —88 11/21 3f12 Planning Commission No. 2022-12 will be filed for this project. However, all applicable mitigation measures in the original EIR and associated MMRP will be enforced. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Density Bonus Agreement No. 2023-02 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 25, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. [Signatures on the following page] Resolution No. 2023-XXX A2003cil 2-2d1 —89 11/21 3f12 Planning Commission ADOPTED this 25t" day of September 2023, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Jose Montoya Assistant City Attorney Resolution No. 2023-XXX A2003cil 2-Z —90 11/21 3f12 Planning Commission CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 25, 2023. Date: Recording Secretary City of Santa Ana Resolution No. 2023-XXX A2003cil 2-291 —91 11/21 3f12 Planning Commission EXHIBIT A Conditions for Approval for Density Bonus Agreement Application No. 2023-02 Density Bonus Agreement Application No. 2023-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by the Density Bonus Agreement. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation/termination of the Density Bonus Agreement. 1. All proposed site improvements must conform to the Development Project (DP) approval of DP No. 2022-03. 2. Any amendment to the DP No. 2022-03, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the Development Project Review must be amended. 3. All mechanical equipment shall be screened from view from public and courtyard areas. 4. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during project construction. 5. Prior to issuance of building permits, the Applicant shall provide written notification to the residential community located to the west of the site. This notification shall include comprehensive information about the nature of the proposed activities, anticipated timelines, and contact information for inquiries. The notification shall be delivered via certified mail. Additionally, a designated representative shall be available to address any concerns or inquiries raised by the residential community during this notification period. 6. Prior to issuance of building permits, the Applicant shall submit to the Planning Division and have approved a Parking Management Plan (PMP). The PMP shall Resolution No. 2023-XXX A2003cil 2-2a1 —92 11/21 3f12 Planning Commission provide for measures to address any parking shortages that may result from the project, with terms including but not limited to: a. Requiring onsite parking permits (such as stickers or hang -tags) for any parking in the onsite parking spaces for both residents and guests; b. Policies for maximum time vehicles maybe parked in the surface parking spaces, including any guest parking; and c. Policies for towing unauthorized vehicles; vehicles parked in unauthorized locations, such as fire lanes; vehicles parking in surface guest parking without a sticker, hang -tag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed. 7. Two weeks prior to the commencement of construction, notification must be provided to property owners within 500 feet of the project site disclosing the construction schedule, including the various types of activities that would be occurring throughout the duration of the construction period. 8. Prior to installation of landscaping, the Applicant shall submit representative photos and specifications of all trees to be installed on the project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (24 inches minimum), brown trunk height (10-foot minimum), and name and location of the supplier. 9. After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 10. Prior to final occupancy, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control Resolution No. 2023-XXX COU13cil 2 — 301 — 93 11 /IT30TV 12 Planning Commission and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement; g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any Resolution No. 2023-XXX Q6913cil 2-3?1 —94 11 /f f10 3f12 Planning Commission unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City; and h. The execution and recordation of the maintenance agreement shall be a condition precedent to the Certificate of occupancy. Resolution No. 2023-XXX , O03cil 31 — 95 11/ f 12 Planning Commission 2 — 3Z 8/18/23, 11:58 AM SPR No. 2023-02 and DBA No. 2023-02 - Residential Development 322 North Harbor Boulevard ,4 i .; D 3 R2 L f Zoning Zoned - General Agricultural Gam muniry Cam mercial C.ammuniry Ca mmercial - Museum DistriR I■ General Commercial .■ Planned Shopping Center Arterial Commercial ■ Commercial Resitlential ■ Seuth Main Street Com m erei A district Government Center L ght Indsrstnal ■ He., vy Industrial ■ 11P_ Space Land '.9etro East Overlay Zone ?rofess onal Single -Family Residence ■ Two -Family Residence ■ Multiple -Family Residence ■ Suhurhan Apartment ■ Residential -Estate ■ Specific Development No. I ifi Specc Development W. 11 ® Specific D—I.Pm e nt No. 12 fc ■ Spec Dev I p t No. 13 ■ Specific Dev l p nt N. 15 ■ Specific Dev I p nt W. 16 ■ Specific Development No. 17 ■ Specific Deyelopment No. 18 ■ Speck Development No. 19 ■ Specific Development No. 2 ■ Specific Development No. 20 ■ Specific Development No. 21 Specific Development No. 25 ■ Specific Development No. 26 ■ Specific Development N. 27 ■ Specific Development No. 31 ■ Specific Development No. 32 ■ Specific Development No. 34 ■ Specific Development No. 35 ■ Specific Development No. 36 ■ Specific Development W. 38 ■ Specific Development No. 39 ■ Specific D-i lopme nt No.4 ■ Specific Developm a nt No. 40 ■ Specific Developm a nt W. 41 ■ Specific Developm a nt No 42 ■ Specific Development No 43 ■ Specifc Development No 44 ■ Specific Development No. 46 ■ Specific Development W. 48 .■ Specific Development No. 49 nr:- rp R1 R2 I l 1 2 R I� I S P 2_1 SP2 zj R2 y •LPG I to R2 S D 3 I ILOW 4 8` 19 Exhibit 3 - Vicinity Zoning and Aerial View R Il } R2 I 360 feet N QOQi3 II 2 — 3�1 — 96 n DinifAl Mar�PYr�pi 1'12(.>r(nhtc racarvai https://apps.spatiaRfonr �i 7pS jon/currentBuild/Html/printpreview.html II /l LL II �Uf LL I{J SPR No. 2023-02 and DBA No. 2023-02 for Residential Development 322 North Harbor Boulevard Exhibit 4 — Site Photos 1 Q6QBci I 31 — 9� — 34 11 /21 /2023 Planning Commission M ��e • - � ���i5 .iVil'. 'for.� Eat necnoN I r PALMS- I P-1 Ar rill �� 4 y j v t � F. Exhibit 5 - Site Plan GOMMON OPEN DECK BELOW - FULLY ENCLO5EG TRA5H ROOM AT GROUND LEVEL 5EE PLAN'2.1 — �J O O • 0 X a +I ` - +14&-3' h " 129'-11" b'-0" HIGH DECORATIVE 5PLIT-FACE GMU PERIMETER WALL LINE ' 589°3724'E 148.23' . OUNEL/ PAPM IR 8'-0" RIGHT-OF-WAY IRREVOCABLE OFFER TO BE DEDICATED TO THE CITY OF SANTA ANA FOR FUTURE STREET PURPOSES F= r------- I I I I --- - I I I I I I I I -----T I I I T I I I I ------I I I I I I I I I I I I I I I I I I I I I I I I I I I PROPOSED TRANSFORMER LOCATION — 4 '% __& 12-0' II I I I I I I I I 12'-0" II ' EXISTING SIDE WALK TO BE I REMOVED IN FUTURE STREET WIDENING NOTE I 1. ANY PROPOSED FENCING WITHIN THE FRONT YARD AREA (E.G., TUBULAR FENCING SHOWN ON LANDSCAPE PLANS) WOULD BE LIMITED TO THREE FEET IN HEIGHT. PURSUANT 20,_0„ TO SEC. 41-610 OF THE SAMC, FENCING IS PERMITTED TO EXCEED THREE FEET, UP TO EIGHT FEET IN HEIGHT, AFTER THE REQUIRED FRONT YARD AREA. 4'-0" RIGHT- OF -WAY DEDICATION 2. PROPOSED SIX-FOOT TALL PERIMETER WALL (SHOWN ON TO THE CITY OF SANTA AN THE LANDSCAPE PLAN) BE OF A DECORATIVE SPLIT -FACE FOR STREET PURPOSES WITH ANTI- GRAFFITI COATING 3. PEDESTRIAN -SCALED LIGHTING SHOULD BE LOCATED EXISTING FIRE ALONG ALL WALKWAYS WITHIN THE DEVELOPMENT. HYDRANT TO BE WHERE APPROPRIATE, WALL -MOUNTED LIGHTING MAY BE RELOCATED INCORPORATED. THESE WALL -MOUNTED LIGHTS SHOULD BE ARCHITECTURALLY COMPATIBLE AND PEDESTRIAN 0 SCALED (CHAPTER 7 OF THE CITY DESIGN GUIDELINES). m 4. LIGHTING LEVELS SHOULD BE SUFFICIENT TO CREATE A PERCEIVED SENSE OF SECURITY AND SAFETY, AND FOR SIDEWALK AND STREET ILLUMINATION (SEE CHAPTER 7 OF Y THE CITY DESIGN GUIDELINES). I 5. GRIND AND CAP OF 2"-3" OF THE EXISTING AC PAVEMENT 0 o o FROM THE GUTTER LIP EDGE ALONG THE MEDIAN TO THE b a GUTTER LIP EDGE AT THE PROPERTY, ALONG THE ENTIRE is' vISIBIDTr PROPERTY FRONTAGE, TRIANGLE 6. EXISTING SIDEWALK ALONG THE ENTIRE PROPERTY FRONTAGE SHALL BE REMOVED, AND RECONSTRUCTED WITH A NEW 12' FULL WIDTH SIDEWALK WITH TREE WELLS, ALONG THE PROPERTY FRONTAGE ON HARBOR - LINE OF BUILDING 0 BOULEVARD EDGE BELOW 7. THIS SITE WILL BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH THE CALIFORNIA REGIONAL WATER Z LINE OF PROPOSED GURB QUALITY CONTROL BOARD SANTA ANA REGION ORDER 'a BEFORE STREET WIDENING NO. R8-2009-0030 DISCHARGE REQUIREMENTS (MS4 5EE CIVIL PLAN FOR MORE PERMIT) DETAIL PROPOSED NEW FIRE 8. PROJECT SHALL INSTALL OF TWO 24" BOX STREET TREES HYDRANT LOCATION ON HARBOR BOULEVARD, INCLUDING DEEP ROOT \� PROP05ED MA5TER WA IRRIGATION SYSTEMS, PER CITY STANDARDS. CONTACT A/ BACK FLOW PREVEN THE TREE SECTION SUPERVISOR AT (714) 647-3337 FOR FROPOSED IRRIGATION M TREE SPECIES AND SIZE OF REQUIRED TREES BACK FLOW PREVENTER ELEVATOR 9. THE EXISTING SIDEWALK ALONG THE ENTIRE PROPERTY FRONTAGE SHALL BE REMOVED AND RECONSTRUCTED EXISTING LINE OF CURB WITH A NEW 12' FULL WIDTH SIDEWALK WITH TREE TO BE REMOVED AND' WELLS, ALONG THE PROPERTY FRONTAGE ON HARBOR • RECONSTRUCTED BOULEVARD. FUTURE CURB LINE AFTER 57REET WIDENING PER OITYI 10. TRASH ENCLOSURE AREA TO BE FULLY ROOFED OR TO "• •r`. 5TANDARD5 f DRAIN INTO A WATER QUALITY INLET TO PREVENT TWO 24" BOX STREET TR DISCHARGE OF SPILLED CONTAMINANTS INTO THE STORM W/ DEEP ROOT IRRIGATION DRAIN SYSTEM. 5Y5TEM5 11. APPROPRIATE PRIVATE BACK FLOW PREVENTER REQUIRED TNO 24" BOX 5TREET TREE5 FOR ALL FIRE SERVICE, DOMESTIC AND LANDSCAPE ON HARBOR BOULEVARD, WATER METER PER GRADING AND STREET IMPROVEMENT 0 INGwDNG DEEP ROOT IRRIGATION SYSTEM5, PLANS (AS APPLICABLE) > CITY STANDARDS mLEGEND cc ...... 15OFIRE DEPT. 0 HOSE FULL �mr LL 41 RESCUE WINDOW FIRE HYDRANT LOGATION5 Q COLORED STAMPED PROPOSED Z CONCRETE DRIVE LT I TRANSFORMER 322 N. HARBOR BLVD. - RESIDENTIAL SITE PLAN AFTER DEDICATION WITHEE MALCOLM ARCHITECTS, LLP g 2251 West1 hS Torrance.CA90504 Qi�Q003cil 31 — 920 40 Z — 36 PA,�E' ,., Planning Commission ft 5-0' Mw. REAR SETBACK n s y 15'x vISIBIUT' T Ff 65-1z' TRIANGLE k I FUTURE PROPERTY - LINE AFTER j q - DEDICATION II a 15 S I ' EXISTING PROPERTY LINE BEFORE - rJ DEDIGATION ORGANIC i `I WASTE BINS J 16 S ��--nr 3 S Ir--- --- LJlrsn�Tl THERMAL it 17 S STORAGE l - C 1 �7� J 4 S I 18 S C 13 5 HC j HC 2 1 16'-tl 19 S C 12 I ILO 20 S HC ca C 11 6 EV ELEV. MACH. m _ G - 21 S C 10 7 S 7 -- 23'-tl' 23-tl 22 S C- 9 8 S ELECT. RM. I I I l Rtl' 4'-0 LEGEND A © RESIDENTIAL ® TRASH/MECHANICAL _ VERTICAL CIRCULATION CIRCULATION PARKING --------• ACCESSIBLE PATH PROPOSED NEW FIRE HYDRANT LOCATION J m 0] Q I a u t LINE OF EXISTING CURS LINE BEFORE FUTURE STREET JNNREA MESTCWIDENINGL 6 - 0200' 1 EAnS TERS FO ENT"PROP05ED UNIT AN TRANSFORMER � TERS. LOCATION b Or 322 N. HARBOR BLVD. - RESIDENTIAL GROUND LEVEL BUILDING PLAN N WITHEE MALCOLM ARCHITECTS, LLP 225t West 1901M1 3tred Torrance, CA 90504 Gi�Q003cil 31 — 1 QO 37 B 6 BR,tl 04 2.1 Planning Commission Exhibit 6 - Unit Floor Plans UNIT TYPE Al 1 BEDROOM/1 BATH GROSS UNIT SF = 633 S.F. NET UNIT SF = 581 S.F. DECK AREA = 50 S.F. 18 UNITS 322 N. HARBOR BLVD. - RESIDENTIAL UNIT TYPE 131 2 BEDROOM / 2 BATH GROSS UNIT SF = 1,027 S.F. NET UNIT SF = 959 S.F. DECK AREA = 50 S.F. 2 UNITS UNIT TYPE 132 2 BEDROOM / 2 BATH GROSS UNIT SF = 1,070 S.F. NET UNIT SF = 996 S.F. DECK AREA = 50 S.F. 2 UNITS UNIT PLANS WITHEE MALCOLM ARCHITECTS, LLP n2251 West—h _ Torrance. CA 90504 "ill, HIS QQ003cil 31 — 1 Z1— 38 a 5 PA,H i�E' 2.5 Planning Commission Exhibit 7 - Building Elevations MATERIAL LEGEND EXTERIOR CEMEM STUCCO COLOR 1 SW7000 ❑ IBIS WHITE EXTERIOR CEMENT STUCCO COLOR 2 SW6268 ■ TRICORN BLACK 03 EXTERIOR CEMENT CO SW9173 COLOR 3 SW9173 ■ SHIRAKE ® METALCLADDING O SYNTHETIC EXTERIOR SIDING © DUAL GLAZED VINYL WINDOWS WHITE COLORED FRAME O7 WOOD FRAMED AWNING ® METAL CANOPY O SCREED LINE 0 CMU WALL 11 ALUMINUM STOREFRONT DOOR/WINDOW © PAIRED METAL GUARD RAIL PAIRED METAL DOOR ® METAL GRILLE 322 N. HARBOR BLVD. - RESIDENTIAL ELEVATIONS WITHEE MALCOLM ARCHITECTS, LLP 2251 West—h _ Torrance, CA 90504 , 023cil 31 — 1 F 39 a 5 PR',o,,Qa4 3.1 Planning Commission MATERIAL LEGEND EXTERIOR CEMENT STUCCO COLOR 1 SW7000 ❑ IBIS WHITE EXTERIOR CEMENT STUCCO COLOR 2 SW6268 ■ TRICORN BLACK 03 EXTERIOR CEMENT CO SW9173 COLOR 3 SW9173 ■ SHIRAKE ® METALCLADDING O SYNTHETIC EXTERIOR SIDING © DUAL GLAZED VINYL WINDOWS WHITE COLORED FRAME O7 WOOD FRAMED AWNING ® METAL CANOPY O SCREED LINE 0 CMU WALL 11 ALUMINUM STOREFRONT DOOR/WINDOW © PAIRED METAL GUARD RAIL PAIRED METAL DOOR ® METAL GRILLE 322 N. HARBOR BLVD. - RESIDENTIAL ELEVATIONS WITHEE MALCOLM ARCHITECTS, LLP -1 --h Stred Torrance, CA 90504 11 Qi�Q(303cil 31 —1 40 a 5 04 3.2 Planning Commission AA, pi�__1 Al LOW" 011,61iFRTREES GROUNDLEVELI PARKING STOILUR.l1 Exhibit 9 - Preliminary Landscape F w4arxDESIGN aewAPPROACH' �.rew...� LANDSCAPE! 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GONGEPT PLANT SC HEOU LE ?' $,TTRFE r L.��.+..�.+.niwmu'Iw4unexoRce Ww.r PERIMETER TREE .. 7 .re.:m Ek w r MEIX.E. ECREEN PRNOPppA voapoplryfA'IYIlA Wni94C .a fnawa eMoMiau 71ww'! B"PI^ TP iy1 t.du Lod Ch.a HOOF DECK PLANTER$ A lelg.urcR'WO.wr WWM YOU44A TM AWN KWN, we�nu4+i41!Pg S.a ,d—vo swm �6he8L VA4"*.681 .Ow S.Wm e-AEv1 Aa..yrk.5wum 8e.pmwen k[ra.•urtA! NenanlLh.Y. vRlWNES ES IXI WE iHELl15 AT PERIMETER YWl T,kh4WaP.rafyi NVwiWW 1 S<.r J—T+ s� Ayn. 1e.md';B -sD hT A�o-z E* Tanpo1rmpmlPmr O.—T EU'1 Fukr ¢urailph FLe'�EYpfA Blue Feuw 1444.4 rp4iq.nelD—W. PI—, VY" A Y4Wp ftd%W Z.W Mt H+.smngyruseiu'Srekry+S�bryYlY4erq. cavuNx��nR e,�: hrn pwlwl Sanu Me ! 5w Am C"B..h I Wrcnu'NFLJ5:16rd "'Cea1 R--v ruuvn a [QR l� 1 7 U 3•ar:r V'r Mor rarTi_Ay,. evxrw. Planning Commission Cu4.. GRuaT' SmU Beea•A S.eA]e 31 — 1 5 4mIrt A~� �,.°T•aaegaAppdmn 11 2 3 — 42 Se ene rPe 4AaK.a Wa Ua =.T� 1.0 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: Clerk of the Council Free Recording pursuant to Government Code 27383 DENSITY BONUS HOUSING AGREEMENT (322 N. Harbor Boulevard, Santa Ana, California; APN: 198-051-17) This DENSITY BONUS HOUSING AGREEMENT ("Agreement"), made and entered into this day of , 2023 ("Effective Date"), by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and P & P Bros Corp., a California Corporation ("Developer"). City and Developer are sometimes referred to collectively as the "Parties" and individually as a "Party." RECITALS A. Developer is the owner of certain property located within the City of Santa Ana, County of Orange, State of California, commonly known as 322 N. Harbor Boulevard, Santa Ana, California, 92703, and legally described as set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full ("Property"). B. Developer is proposing to construct a residential development consisting of no more than twenty-two (22) residential rental units on the Property, as more particularly set forth in Density Bonus Application No. 2022-3 and Development Site Plan Review No. 2022-2 ("Project"). Without the density bonus, Developer would only be permitted to building seventeen (17) units on the Property. C. Santa Ana Municipal Code sections 41-1600, et seq. ("City Density Bonus for Affordable Housing"), and California Government Code sections 65915, et seq. ("State Density Bonus Law"), set forth a process to provide increased residential densities and/or incentives, concessions, or waivers to property owners who guarantee that a portion of their residential development will be available to low income, very low income, or senior (also known as "qualified") households. These regulations are intended to materially assist the housing industry in providing adequate and affordable housing for all economic segments of the community and to provide a balance of housing opportunities for very low income, low income and senior households throughout the city. D. The project is proposing a total of twenty-two (22) residential units, including two (2) units for very -low income households. Pursuant to California Government Code sections QW0003ciI 2 — 431 — 106 11 /21 /2023 Planning Commission 65915(p)(2)(A), the Project will provide twenty-two (22) total onsite parking spaces or 1 space per one -bedroom and two -bedroom units. No parking concession is requested or provided. E. For the purpose of implementing this State Density Bonus Law onsite parking standard incentive, Developer has agreed to restrict eleven percent (I I %) of the units, in the Project to very low income households, which will result in two (2) Affordable Units, as defined. F. The Project complies with the affordable housing requirements set forth in the State Density Bonus Law and City Density Bonus for Affordable Housing. For purposes of this Agreement, the Project shall be the "housing development" as defined in the State Density Bonus Law. G. In light of the purpose of the State Density Bonus Law and City Density Bonus for Affordable Housing, and the express provisions of Government Code Sections 65915 (d)(1)(2)(B), and 65915(e)(1), the City has determined to approve the application with two (2) concessions and two (2) waivers. H. This Agreement, and the exhibits attached hereto and incorporated herein by reference, are intended to set forth the terms and conditions for the implementation of the Project's requirement to provide affordable housing units in exchange for receiving the density bonus incentive set forth herein. NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: DEFINITIONS AND EXHIBITS 1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows: 1.1.1 "Adjusted for family size appropriate to the unit" shall have the meaning set forth by Health and Safety Code Section 50052.5(h). 1.1.2 "Affordable Rent" means the maximum Monthly Rent that may be charged to and paid by an Eligible Household for the Affordable Units, as required by the terms of this Agreement, and which shall not exceed one -twelfth (1/12) of the product of thirty percent (30%) times fifty percent (50%) times the Median Income for Orange County, as defined in Section 1.1.16. The Affordable Rent shall be adjusted to reflect a reasonable utilities allowance for utilities paid by the household using the Santa Ana Housing Authority Multi -Family Housing Utility Allowance Schedule, and shall be updated no less than annually. 1.1.3 "Affordable Rent Schedule" means a rent schedule established as of the date of issuance of an occupancy permit (exclusive of tenant utility payments or security deposits) for the required number/percentage of the total number of units in the Project which are to be 0) QW)U0e3ci I 2 — 4V — 107 11 /21 /2023 Planning Commission rented or available for rent to Very Low Income Tenants. Said Affordable Rent Schedule shall be established at the time of the issuance of the occupancy permit ("Initial Rent Schedule") and shall be created in accordance with the Orange County, California Primary Metropolitan Statistical Area ("PMSA") as published by the California Department of Housing and Community Development ("HCD"), adjusted for family size, and shall be updated no less than annually. 1.1.4 "Affordable Units" means two (2) units, which shall be comprised of two (2) one -bedroom units for Very Low Income Tenants. Any change to the number or distribution of Affordable Units is subject to City Manager approval. 1.1.5 "Agreement" means this Density Bonus Housing Agreement. 1.1.6 "City" means the City of Santa Ana, California 1.1.7 "City Council" means the City Council of the City of Santa Ana. 1.1.8 "City Attorney" means the City Attorney for the City of Santa Ana. 1.1.9 "City Manager" means the City Manager for the City of Santa Ana. 1.1.10 "City's Planning Commission" means the Planning Commission for the City of Santa Ana. 1.1.11 "Density Bonus Housing Agreement Term" means the period during which this Agreement shall be in full force and effect, as provided for in Section 6.1 below. 1.1.12 "Developer" means P & P Bros Corp, a California Corporation, and its permitted successors and assigns to all or any part of the Property. "Developer" may also be referred to as "Owner" interchangeably throughout the Agreement. 1.1.13 "Effective Date" means the date the City Council of City approves this Agreement and from then on this Agreement shall be in full force and effect. 1.1.14 "Eligible Household" means a Household whose income does not exceed the qualifying limit for a "Very Low Income Tenant" as defined herein. 1.1.15 "Household" means all persons residing in a Unit. 1.1.16 "Median Income" means the Orange County, California area median income, adjusted for family size appropriate to the unit, pursuant to California Health and Safety Code § 50052.5(h), as periodically published by HCD. 1.1.17 "Monthly Rent" means the total of monthly payments for (a) use and occupancy of each Affordable Unit and land and facilities associated therewith, (b) any separately charged fees or service charges assessed by Developer which are required of all tenants, other than security deposits, application fees or credit check fees, (c) a reasonable allowance for an adequate QW)U0e3cil 2 — 451 — 108 11 /21 /2023 Planning Commission level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone or cable service, to the extent applicable and charged to a Household, and (d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than Developer. In the event that certain utility charges are paid by the landlord rather than the tenant, no utility allowance shall be deducted from the rent for that type of utility charge. 1.1.18 "Project" means that certain residential development as more particularly described in Recital B and Section 2 of this Agreement. 1.1.19 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon. 1.1.20 "State Density Bonus Law" means Government Code sections 65915, et seq., as they exist on the Effective Date. 1.1.21 "Unit" means a residential dwelling unit within the Project to be constructed by the Developer pursuant to this Agreement. 1.1.22 "Unrestricted Units" means the Units within the Project to be constructed by Developer to a Household without restriction. 1.1.23 "Very Low Income Tenant" means a Household whose income does not exceed fifty percent (50%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HCD. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: 1.2.1 Exhibit A — Legal Description of the Property 1.2.2 Exhibit B — Tenant Verification 1.2.3 Exhibit C — Annual Tenant Recertification 1.2.4 Exhibit D — Annual Rental Housing Compliance Report 1.2.5 Exhibit E — Notice of Affordability Restrictions on Transfer of Property 2. DEVELOPMENT OF THE PROPERTY 2.1 Project. Developer shall develop, operate, and maintain, or cause the development operation and maintenance of, the Property as a twenty-two (22) Unit residential development, with two 2 Affordable Units for Very Low Income Tenants. M QW)U0 3cil 2 — 461 — 109 11 /21 /2023 Planning Commission 2.2 Density Bonus. The base density for the Property is seventeen (17) dwelling units. By agreeing to provide two (2) Affordable Units, Developer understands and agrees that the State Density Bonus Law would allow a maximum density bonus of thirty-five percent (35%), which would equate to six additional units. Pursuant to this Agreement, Developer proposes and agrees to a Project that includes only five (5) additional Units ("Density Bonus Units"). Accordingly, the Project shall have twenty-two 22) Units, including two 2 Affordable Units, to be rented, occupied, operated, and maintained pursuant to the terms and conditions of this Agreement. Developer shall not construct or develop, or otherwise claim a right to construct or develop, any additional Units on the Property. 2.3 Development Incentives and Waivers. Developer petitioned for concessions, incentives, and waivers, and has been granted the following, as part of the approval of Density Bonus Application (DBA) No. 2023-02 for the Project: 2.3.1 Concessions. In accordance with Government Code Section 65915 (d)(1)(2)(B), Developer is granted the following concessions: (a) Relief from the 15-percent minimum common open space requirements as set forth in Table 3-9 (Onsite Open Space Requirements) as part of the Harbor Mixed -Use Transit Corridor Specific Plan (SP-2). (b) Relief from the frontage design types within the Corridor land use district, as set forth in Table 3-4 (Frontage Floor Height Minimums and Districts) as part of the Harbor Mixed -Use Transit Corridor Specific Plan (SP-2). 2.3.2. Waivers. In accordance with Government Code Section 65915(e)(1), Developer is granted the following waivers: (a) A waiver of the minimum lot width requirement of between 125 feet and 200 feet for Stacked Dwellings, as set forth in Table 3-3 (Building Type and Form) as part of the Harbor Mixed -Use Transit Corridor Specific Plan (SP- 2), provided that the lot width is a minimum of 100 feet. (b) A waiver of the requirement for two-thirds of the common open space area to be open to the sky and placed at the rear or side yard, or in the front as a forecourt, as part of the Harbor Mixed -Use Transit Corridor Specific Plan (SP-2), provided that at least five -percent (5%) of the lot is open to the sky. 2.3.3. Parking Requirements. The Project's onsite parking shall comply with Government Code section 65915(p)(2)(A). No additional parking concession is requested or provided. The Project will provide twenty-two (22) total onsite parking spaces or one (1) space per one -bedroom and two -bedroom units. 2.4 No Further Concessions or Incentives. Developer acknowledges and agrees that the incentives, concessions, and waivers set forth in section 2.3 above fully satisfy any duty City may have under the Santa Ana Municipal Code, the Density Bonus Law, or any other law or 5 QW)U0 3ci l 2 — 4? 1 —110 11 /21 /2023 Planning Commission regulation to provide any development incentive or to waive any building, zoning, or other requirement in return for providing Affordable Units. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City's obligation to waive requirements of or provide development incentives pursuant to any state, federal, or local law, rule, or regulation applicable to the Project. 2.5 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than twenty (20) Unrestricted Units, which shall be comprised of sixteen (16) one -bedroom units and four (4) two -bedroom units. 2.6 Affordable Units. The Project, for purposes of this Agreement, shall have no less than two 2 Units, which shall be comprised of two (2) one -bedroom units designated as Affordable Units pursuant to the terms and conditions of this Agreement. The Affordable Units shall be consistent with all City approvals, comparable in bedroom distribution and amenities to the Unrestricted Units, and shall be located throughout the Project as required under Santa Ana Municipal Code section 41-1602(c)(5). 2.7 Minimum Development Standards for Affordable Units. The Affordable Units shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials as provided for any Unrestricted Units. 2.8 Permits and Processing Compliance with Laws. Developer, at its sole cost and expense, shall secure or cause to be secured any and all permits that may be required by City or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Upon securing any and all permits, Developer shall carry out and perform the development, operation, and maintenance of the Project in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval issued by the City Council and City's Planning Commission for the Project. Any changes to the Project shall be reviewed by the City to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of Developer to comply with any terms of this Agreement in City's sole determination, then City shall have the option to declare this Agreement null and void in its sole discretion. 2.9 Relocation Prior to Development of Project. If relocation is required prior to the completion of development of the Project, Developer shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs as may be required to comply with applicable federal and state laws and regulations. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance, benefits and costs prior to the completion of the development of the Project. 6 QW)U0e3ciI 2 — 491 — ill 11 /21 /2023 Planning Commission 2.10 Local Sourcing Plan. Developer agrees to make a good faith effort to encourage contractors and suppliers to hire and procure locally, to the extent that it is cost effective and does not delay the overall project development schedule. 2.11 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably necessary to remove any future mechanic's liens or other similar liens (including design professional liens) against the Property or Project, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Developer or anyone holding the Property or Project, or any part thereof, through or under Developer. Prior to the recording of this Agreement (or memorandum thereof) pursuant to Section 4.1 below, Developer shall provide evidence from the Title Company of any new recordings against the Property or Project. City hereby reserves all rights to post notices of non -responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party by reason of a mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to Developer or anyone holding the Property or Project, or any part thereof, through or under Developer. 3. AFFORDABILITY 3.1 Total Affordability Term. Each Affordable Unit shall be restricted to use and occupancy by an Eligible Household for a total period of no less than fifty-five (55) years ("Total Affordability Term"). The Total Affordability Term for an Affordable Unit shall commence on the date a certificate of occupancy is issued for the initial Affordable Unit. 3.2 Memorializing; Commencement of Total Affordability Term. Developer shall keep detailed records of the commencement date of the Total Affordability Term for each Affordable Unit. City shall have the right to review and verify said records to ensure that the commencement date specified by Developer for an Affordable Unit coincides with the date that the initial Affordable Unit received all permits from City required for occupancy of the Unit. In the event that a conflict exists between the date specified by Developer for the commencement of the Total Affordability Term for an Affordable Unit and the date specified by City's issuance of all required permits for occupancy of the Unit, the date specified by City's issuance of all required permits for occupancy of the Unit shall control. 3.3 Levels of Affordability. 3.3.1 Affordable Rent for Very Low Income Tenants. Developer covenants that no less than twos Affordable Units in the Project shall at all times during the Total Affordability Term be rented to, or held vacant and available for immediate occupancy by Eligible Households, at an Affordable Rent. 7 QW)U0e3cil 2 — 491 —112 11 /21 /2023 Planning Commission 4. OWNERSHIP AND OPERATION OF THE PROJECT BY DEVELOPER 4.1 Payment of Density Bonus Setup Fee. A Density Bonus Setup Fee in the amount of Four Thousand Six Hundred Seventy Five Dollars and Seventy Cents ($4,675.70) will be charged to the Developer and must be paid prior to execution of this Agreement. 4.2 Recording of Documents. No later than issuance of building permits for the Project, Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement. City shall cooperate with Developer in promptly executing in recordable form this Agreement. The date of recording of the Agreement shall be the Effective Date of the Agreement. Upon the date of recording, the terms and conditions of this Agreement shall be binding upon and run with the Property and the Project for the Total Affordability Term. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Property, the Project, and the Units to ensure compliance with the State Density Bonus Law and City Density Bonus Law, and to ensure the continued supply of Affordable Units in the Project, except as expressly set forth in this Agreement. 4.3 Rental of Units. Upon the completion of construction of the Project and receipt by Developer of all required permits for the occupancy of the Units, Developer shall rent or cause to be rented each Affordable Unit for the Total Affordability Term for such Affordable Unit in accordance with the terms and conditions set forth in this Agreement, which provide among other terms and conditions for the rental of each Affordable Unit at an Affordable Rent to an Eligible Household for the Total Affordability Term. 4.4 Location of Affordable Units. During the Density Bonus Housing Agreement Term, the Affordable Units shall be dispersed throughout the Project in accordance with the terms and conditions set forth in this Agreement. The Affordable Units shall be permitted to float among all twenty-two (22) apartment units in the Project, provided that the Affordable Units shall be comparable in amenities to the Unrestricted Units and reasonably dispersed throughout the Project. The location of the first two Affordable Units to be occupied will be subject to the City's approved Inclusionary Housing Plan, and identified in the Annual Compliance Report submitted to the City pursuant to Section 4.11.2. 4.5 Occupancy Levels. Subject to state or federal laws and regulations, the number of persons permitted to occupy each Affordable Unit shall not exceed two persons per bedroom, plus one person. In the event that a household residing in an Affordable Unit exceeds the permitted number of persons, then that household shall be placed on a waiting list for the appropriate -sized unit and be eligible for transfer when an appropriate -sized unit becomes available. The household will be placed on the waiting list for up to one -hundred and eighty (180) days. If an appropriate - sized unit does not become available during the 180 days, the Owner will have grounds to terminate that household's lease. If the household refuses to transfer to an appropriate -sized unit then the Developer will also have grounds to terminate that household's lease. 4.5.1 Written Notification. If an Eligible Household, during the term of its tenancy, adds members that exceed the maximum occupancy allowed under this section, N. QW)U0e3cil 2 — 501 —113 11 /21 /2023 Planning Commission Developer shall provide written notification informing the household that: it is over - occupancy; has been placed on a waiting list for up to one -hundred and eighty (180) days; the expiration date of the waiting list; and the terms for terminating the lease. A written status update will be provided to the household at one -hundred and twenty (120) days, ninety (90) days, sixty (60) days and thirty (30) days if applicable. 4.6 Use of the Property. All uses conducted on the Property, including, without limitation, all activities undertaken by the Developer pursuant to this Agreement, shall conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal, state, and local laws, rules, and regulations. The Project shall at all times during the term of this Agreement be used as an apartment complex and none of the Affordable Units in the Project shall at any time be utilized on a transient basis, nor shall the Property or any portion thereof ever be used as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest home, or be converted to condominium ownership. All of the community facilities and any social programs provided to the Project's residents shall be available on an equal, nondiscriminatory basis to residents of all Units at the Project. 4.7 Maintenance. Owner shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. Owner shall be fully and solely responsible for costs of maintenance, repair, addition and improvements. City, and any of its employees, agents, contractors or designees shall have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect the Project. 4.8 Marketing and Resident Selection Plan. Each Affordable Unit shall be leased to Eligible Households selected by the Developer who meet all of the requirements provided herein. Prior to Certificate of Occupancy, Developer shall prepare and obtain City's approval, which approval shall not be unreasonably withheld, of a marketing program and resident selection plan for the leasing of the Affordable Units at the Project ("Marketing Program"). The City shall approve or deny the Marketing Program within ten (10) business days of submittal by the Developer. In the event Marketing Program is neither approved nor denied within said time period, the Marketing Program shall automatically be considered approved. The leasing of the Affordable Units shall thereafter be marketed in accordance with the Marketing Program as the same may be amended from time to time with City's prior written approval, which approval shall not unreasonably be withheld. Upon request, Developer shall provide City with periodic reports with respect to the leasing of the Housing Units. 4.8.1 The Marketing Program shall include, but is not limited to, marketing and community outreach activities, proposed tenant selection criteria, occupancy standards, income requirements, timeline and details for outreach and marketing, data collection, record keeping and monitoring, procedures for complaints, and compliance assessment. Components of the resident selection plan shall include, but are not limited to, the application process, interview procedure, apartment offer and assignment, rejected applications, and wait list management. All requirements set forth herein shall be incorporated in the Marketing Program. 9 QW)U0e3ci I 2 — 5 � 1 —114 11 /21 /2023 Planning Commission 4.9 Rental Lease Agreement. Developer shall prepare and obtain City's approval, which approval shall not be unreasonably withheld, of a rental lease agreement ("Lease Agreement"). All Lease Agreements must 1) identify the names and ages of all members of the household who will occupy the Affordable Unit; and 2) state that the Household's right to occupy the Affordable Unit is subject to compliance with the Median Income requirements, adjusted for family size appropriate to the unit, as periodically published by HCD. All Lease Agreements must be consistent with the terms contained in this Density Bonus Agreement. 4.9.1 Prohibited Lease Terms. The Lease Agreement may not contain any of the following provisions: (a) Agreement to be Sued. Agreement by the tenant to be sued, to admit to guilt, or to a judgment in favor of the owner in a lawsuit brought in connection with the lease; (b) Treatment of Property. Agreement by tenant that the owner may take, hold, or sell personal property of household members without notice to tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the unit. The Developer may dispose of this personal property in accordance with State law; (c) Excusing Developer of Responsibility. Agreement by the tenant not to hold the Developer of the Developer's agent legally responsible for any action or failure to act, whether intentional or negligent; (d) Waiver of Notice. Agreement of the tenant that the Developer may institute a lawsuit without notice to the tenant; (e) Waiver of Legal Proceedings. Agreement by the tenant that the owner may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties; (f) Waiver of a Jury Trial. Agreement by the tenant to waive any rights to a trial by jury; (g) Waiver of Right to Appeal Court Decision. Agreement by the tenant to waive the tenant's right to appeal, or to otherwise challenge in court, a court decision in connection with the lease; and (h) Tenant Chargeable with Cost of Legal Action Regardless of Outcome. Agreement by the tenant to pay attorney's fees or other legal costs even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses. 4.10 Selection of Tenants. 4.10.1 Developer shall be responsible for the selection of tenants for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. 4.10.2 Subject to applicable laws and regulations governing nondiscrimination and preferences in housing occupancy, the Developer shall give preference in leasing the Affordable Units to Eligible Households that live and/or work in the City of Santa Ana or who have an active Me QW)U0e3cil 2 — 521 —115 11 /21 /2023 Planning Commission Housing Choice Voucher issued by the Housing Authority of the City of Santa Ana or any other Public Housing Authority. 4.10.3 All applicants will be screened and "lotterized." A waiting list will be created from a lottery generated from the initial pool of rental applications. The waiting list will track applicant name and contact information, lottery number (or designated number after the initial lottery), household income, household size, status of application, and any other information deemed necessary. The waiting list will be maintained as an electronic file and available for audit by the City of Santa Ana in accordance with resident selection procedures as set forth herein. 4.10.4 Prior to the rental or lease of an Affordable Unit to a tenant(s), Developer shall require the tenant(s) to execute a written lease and to complete a Tenant Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the tenant(s) occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility requirements established for the Affordable Unit. Developer shall verify the income of the tenant(s) as set forth herein. 4.11 Income Verification and Certification. Developer agrees to make a good faith effort to verify that the income and asset statement provided by an applicant in an income certification is accurate by taking, at a minimum, at least one of the following steps as a part of the verification process: (1) obtain three months consecutive pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) obtain an income verification form from the applicant's current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. 4.11.1 Gross Household Income. Gross household income means all income from whatever source from all Adult Household members, which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914. 4.11.2 Annual Recertification. Developer agrees to recertify household eligibility annually. Notification of Annual Tenant Recertification shall be sent to the household in substantially the form attached hereto as Exhibit C. An Annual Rental Housing Compliance Report ("Annual Compliance Report") shall be sent to the City in substantially the form attached hereto as Exhibit D. The Annual Compliance Report shall be due to the City within 30 days of the anniversary of the commencement of the Total Affordability Term, which is the date that each building receives all required occupancy permits from the City. 4.11.3 Continued Income Qualification and Vacated Affordable Units. If the annual recertification demonstrates that a previously eligible tenant's gross household 11 QW)U0e3cil 2 - d' —116 11 /21 /2023 Planning Commission income exceeds the Median Income for the Affordable Unit, the pertinent actions from the following list must be taken: (a) The Developer may offer to rent the unit to the previously, but no longer, Eligible Household as an Unrestricted Unit without any limitations on rental rates. In that case, the Developer must then make available for rent to an Eligible Household another unit within the Project that meets the size and location requirements for Affordable Units under this Density Bonus Agreement. If there are no vacant units meeting those requirements, then the next available unit within the Project which does meet those requirements must be rented to an Eligible Household. (b) If the no longer Eligible Household either moves to another Unrestricted Unit within the Project or leaves the Project altogether, then the vacated Affordable Unit or, at Developer's election any other Unrestricted Unit within the Project which meets the size and location requirements for Affordable Units under this Density Bonus Agreement and has the same number of bedrooms as the vacated unit shall be rented as an Affordable Unit to an Eligible Household. 4.12 Monitoring and Recordkeeping. Throughout the Term of this Agreement, Developer shall annually complete and submit to City the Annual Compliance Report. Owner agrees to pay a reasonable fee, as set by City resolution, for the purpose of paying the actual costs associated with the City's obligation to monitor Owner's compliance with the affordability restrictions contained in this Agreement related to the Affordable Units, not to exceed monitoring costs for up to two (2) Affordable Units. Representatives of City shall be entitled to enter the Property if necessary after review of above documentation, upon at least forty-eight (48) hour notice, to monitor compliance with this Agreement, and shall be entitled to inspect the records of the Project relating to the Affordable Units and to conduct an independent audit or inspection of such records at a location within the City that is reasonably acceptable to the City. Developer agrees to cooperate with City in making the Property and the records of the Project relating to the Affordable Units available for such inspection or audit. Developer agrees to maintain each record of the Project for no less than five (5) years after creation of each such record. Subject to tenants' rights under State and Municipal law, the Developer shall allow the City to conduct annual inspections of each of the Affordable Units on the Property after the date of construction completion, with reasonable notice. Developer shall cure any defects or deficiencies found by the City while conducting such inspections within ten (10) Business Days of written notice thereof, or such longer period as is reasonable within the sole discretion of the City. 4.13 Notice of Affordability Restrictions on Transfer of Property. In the event the Developer wishes to sell or transfer the Project during the Total Affordability Term, the City and the Developer shall execute and deposit into escrow, or record against the Property, a Notice of Affordability Restrictions on Transfer of the Property as contained herein (Exhibit E). The sale or transfer of the Property, shall not be effective unless and until the City and the transferee execute the documents necessary to transfer the Density Bonus Agreement obligations from the Developer to the transferee. 12 QW)U0 3ci I 2 — 5V —117 11 /21 /2023 Planning Commission 4.14 Onsite Parking Management Plan. Developer shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Developer shall continually monitor and take the following measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. a. Requiring onsite parking permits (such as stickers or hang -tags) for any parking in the onsite parking spaces for both residents and guests; b. Policies for maximum time vehicles may be parked in the surface parking spaces, including any guest parking; and c. Policies for towing unauthorized vehicles, vehicles parked in unauthorized locations (such as fire lanes), vehicles parking in surface guest parking without a sticker, hang -tag, or other identifiers, and vehicles parked longer than any maximum guest parking timeframes allowed. Prior to issuance of the Certificate of Occupancy, Developer shall submit and obtain approval from the Planning and Building Agency ("PBA") a Parking Management Plan (the "PMP"), including those measures above. The approved PMP shall be adhered to and be enforced by the Project at all times. 4.15 Alternative Transportation and Energy Source, Resource Conservation, and LEED Certification. While not a condition of the project's Density Bonus, in recognition of the City's desire to optimize the energy efficiency of the project, Developer agrees to consult with the project design team, a CABEC certified 2019 Certified Energy Analyst, a LEED AP Homes (low-rise and mid -rise), LEED AP BD+C (high rise), National Green Building Standard (NGBS) Green Verifier, or GreenPoint Rater (one person may meet both of these latter qualifications) early in the project design process to evaluate a building energy model analysis and identify and consider energy efficiency or generation measures. Prior to the meeting, the energy analyst shall complete an initial energy model based on either current T24 standards or, if the project is eligible, the California Utility Allowance Calculator using best available information on the project. To the extent financially feasible for the project, Developer agrees to incorporate and optimize energy efficient building materials, methods, and amenities. 4.16 Emergency Evacuation Plan. Developer shall submit and obtain approval of an Emergency Evacuation Plan (the EEP) from City Police and Fire Protection agencies prior to issuance of a Certificate of Occupancy. Up-to-date 24-hour emergency contact information for the on -site personnel shall be provided to the City on an ongoing basis and the approved EEP shall be kept onsite and also be submitted to the following City Agencies: a. Police Department b. Fire Department c. Planning and Building Agency d. Community Development Agency 13 QW)U0e3cil 2 — 551 —118 11 /21 /2023 Planning Commission 4.17 Crime Free Housing. Developer shall work with City staff to formalize a crime free housing policy, procedure, and design plan (the "CFH Plan"), which includes the following provisions: a. Requiring parking areas and common interior areas (lobbies, elevators, etc.) to contain security cameras; b. Requiring routine unit inspections; c. Ensuring lobby/other entrance doors are secured and accessed via remote controls, fobs, etc.; and d. Have policies in place to ensure that common use areas such as hallways and trash enclosures are maintained in good condition and repair (e.g., well -lit, kept clean, etc.) Developer shall submit and obtain approval from the PBA the CFH Plan meeting the requirements of this Subsection 4.18 prior to issuance of the Certificate of Occupancy. The approved CFH Plan shall be implemented and administered by Developer or a designated property manager. 4.18 [Intentionally Omitted] 5. [INTENTIONALLY RESERVED] 6. TERM OF THIS AGREEMENT 6.1 Term. The term of this Agreement ("Density Bonus Agreement Term") shall commence on the Effective Date and shall continue until the expiration of the Total Affordability Term. 7. DEFAULT AND TERMINATION; INDEMNIFICATION 7.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein), constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety (90) days). Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. Notwithstanding the above, should the Developer elect to not proceed with the Project prior to commencement of construction, the Developer shall submit written notice of such termination ("Termination Letter") to the City, which Developer, for itself, its successors and assigns, states that it waives, forfeits, and relinquishes any and all benefits under this Agreement. Upon City's 14 QWQ0e3cil 2 — 561 —119 11 /21 /2023 Planning Commission receipt of the Termination Letter, the Parties agree to terminate this Agreement, except that the obligations of Section 4.1 and 7.3 shall survive termination. Developer shall, at its sole cost and expense, prepare and record a Termination of Agreement, which City shall review and approve, in the exercise of reasonable discretion. Such termination shall not be considered a default by any Party, but it shall result in a termination of the Agreement as provided for herein. 7.2 Rights and Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. Notwithstanding anything to the contrary contained in this Agreement, in no event shall either Party be liable for speculative, consequential, punitive, or other indirect damages arising from a breach of this Agreement, and each Party waives any right to collect speculative, consequential, punitive or other indirect damages against the other Party which arise from a breach of this Agreement. 7.3 Indemnification. In addition to any other indemnity specifically provided in this Agreement, Developer agrees to defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent) indemnify and hold harmless City and its respective officers, officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from and against any loss, liability, claim, or judgment arising from any act or omission of Developer in connection with its obligations under this Agreement, except to the extent caused by the active negligence or willful misconduct of Indemnitees.. ASSIGNMENT; COVENANTS RUN WITH THE LAND 8.1 Assignment by Developer. 8.1.1 Prohibited Transfers or Assignments. Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement, in whole or in part, unless the sale, transfer, or assignment complies with this Section 8 ("Permitted Transfer"). If Developer seeks a Permitted Transfer, Developer shall request City's written consent, and City shall respond within fourteen (14) days with a written approval or denial. The City's determination shall not be unreasonable or arbitrary. If City approves such a request, then prior to any such sale, transfer or assignment, Developer shall pay City's reasonable fees as compensation for the City's review of the request. City's failure to respond to the request within fourteen (14) days shall be deemed an approval. 8.1.2 Sale of Property. Owner agrees and declares that the Property and the Project shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, operated, sold, and approved subject to all obligations set forth or incorporated in this Agreement, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property and the Project. All of the obligations set forth or incorporated in this Agreement shall constitute covenants which run with the land and shall be binding on Owner and its successors and assigns, and all parties having or acquiring any right, title or interest in, or to any part of the Property or Project. Owner further understands and agrees that the Density Bonus permit approvals received 15 QWQ0e3cil 2 — 571 — 120 11 /21 /2023 Planning Commission for this Project have been made on the condition that Owner and all subsequent owners, or other successors and assigns of the Property and/or Project lease and rent the Affordable Units in accordance with the terms and conditions stipulated in Sections 4, 5 and 6 of this Agreement for a term of 55 consecutive years commencing upon the date that the Project is first occupied. 8.1.3 Subsequent Assignment. As used in this Agreement, the term "Developer" shall be deemed to include any such transferee or assignee after the date such sale, transfer, or assignment occurs in compliance with this Agreement. 8.1.4 Unpermitted Assignments Void. Any sale, transfer, or assignment made in violation of this Agreement shall be null and void, and City shall have the right to pursue any right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales, transfers, or assignments. 8.2 Covenants Run with the Land. The Property shall be held, sold, conveyed, hypothecated, encumbered, used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be binding upon Developer and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Property is rendered less valuable thereby. Developer hereby further declares its understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City. 9. MISCELLANEOUS 9.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth and contain the entire understanding and agreement of the parties with respect to the Density Bonus Agreement, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 16 QW)U0 3ciI 2 — 591 — 121 11 /21 /2023 Planning Commission 9.2 Amendment. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance approved by the City Council, or through the City Manager as detailed herein, and signed on behalf of each party. The City Manager shall have the authority to make approvals, issue interpretations, execute documents, waive provisions, and/or enter into amendments of this Agreement on behalf of City that further the intent of this Agreement. Any requested alteration, change or modification of the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as applicable, for the City's review of the request. Each alteration, change, or modification to this Agreement shall be recorded against the Property in the Official Records of Orange County, California. 9.3 Notices. 9.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next -day document delivery service (such as Federal Express), charges prepaid and delivery scheduled next -day to the recipient named below, provided that the sending party receives a confirmation of delivery from the delivery service provider; or (v) the first business day following the date of transmittal of any facsimile, provided confirmation of successful transmittal is retained by the sending Party. All notices shall be addressed as follows: If to City: City of Santa Ana Community Development Agency 20 Civic Center Plaza (M-26) P.O. Box 1988 Santa Ana, California 92702 Attention: Housing Manager With a copy to: Office of the City Attorney City of Santa Ana 20 Civic Center Plaza, 7th Floor (M-29) Santa Ana, California 92702 If to Developer: P & P Bros Corp 18685 Main Street, Ste. 101-385 Huntington Beach, California 92648 Attn: Thao Lisa Vu 9.3.2 Change of Address. Either Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or 17 QW)U0e3cil 2 - A' — 122 11 /21 /2023 Planning Commission representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 9.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 9.5 Interpretation and Governing Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 9.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 9.7 Singular and Plural. As used herein, the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates. 9.8 Joint and Several Obligations. If at any time during the term of this Agreement the Property and/or Project is owned, in whole or in part, by more than one Developer, all obligations of such Developer under this Agreement shall be joint and several, and the default of any such Developer shall be the default of all such Developers. 9.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 9.10 Computation of Days. Unless otherwise specified in this Agreement or any Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business. 9.11 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 9.12 Non -Discrimination. In performing its obligations under this Agreement, Developer 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 related 18 QW)U0e3ciI 2 — 601 — 123 11 /21 /2023 Planning Commission activities. Developer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 9.13 Third Party Beneficiaries. No person or entity, other than City and Developer shall have any right of action based upon any provision of this Agreement. 9.14 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes beyond the Party's control, including delays by any governmental entity (although the City may not benefit from this provision for a delay that results from City's failure to perform its obligations under this Agreement), or an insurance company of either party. If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance. 9.15 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 9.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof, and (c) is binding upon each Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof. 9.17 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 9.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 9.19 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this 19 QWQ0 3ci I 2 — 6 T 1 — 124 11 /21 /2023 Planning Commission Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the Developer of such property. 9.20 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. City hereby authorizes City Manager to take such other actions and negotiate and execute any additional agreements as may be necessary or proper to fulfill the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City. 9.21 Estoppel Certificate. Within ten (10) business days following a written request by any of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party. 9.22 No Subordination. City's approval of the necessary land use entitlements that authorize Developer to develop, operate, and maintain the Project was based upon Developer's obligation to provide the Affordable Units pursuant to the State Density Bonus Law, City Density Bonus for Affordable Housing, and the terms and conditions of this Agreement. For the Term of the Density Bonus Housing Agreement, this Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof. Developer expressly understands and acknowledges that state law requires preservation of affordability covenants in connection with the approval of this density bonus project. 9.23 Attorneys' Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing Party. 9.24 Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants 20 QW)U0e3cil 2 — 621 — 125 11 /21 /2023 Planning Commission and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the date set forth at the beginning of this Agreement. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM Sonia R. Carvalho City Attorney i Assistant City Attorney City Manager RECOMMENDED FOR APPROVAL: Michael Garcia Executive Director Community Development Agency 21 CITY OF SANTA ANA Kristine Ridge P & P BROS CORP, A CALIFORNIA CORPORATION Thao Lisa Vu QWQ0 3ciI 2 — 631 — 126 11 /21 /2023 Planning Commission anti It'lire"ents Clint he tir she/Iliey fins haw Itre it ill I'('I it In hind the perry to ttic performance of its obligations hereriCider, IN WITNESS W11FjjFOF, the parties hereto have caused this Dcnsity Ronus Flousing Agnvcment W he owuted on the date set lurth at the beginning of this Agreement. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM Sonia R. Carvallio City Attomcy By: Jose Montoya Assistant City Attorney City Manager RECOMMENDED FOR APPROVAL: Michael Garcia Executive Director Community Development Agency 21 CITY OF SANTA ANA Kristine Ridge P & P BROS CORP, A CALIFORNIA CORPORATION z4mic,, Th o Lisa Vu W25Q696cil 2 _ 6 127 11 /21 /2023 Planning Commission EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE NORTH 100 FEET OF THE SOUTH 300 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN. EXCEPTING THEREFROM THE WEST 132 FEET. ALSO EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND HYDROCARBONS, BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN INSTRUMENTS OF RECORD. APN: 198-051-17 22 QWQ0e3cil 2 — 651 — 128 11 /21 /2023 Planning Commission 401FIRRE70 INCOME VERIFICATION FORM Inclusionary Unit Address: Head of Household (Print Name): Current Address (if different from above): Telephone Number: Home: Email address: Date of Birth: Work: Social Security # or TIN: Household Composition Cell: List All Household Members Living in the Inclusionary Unit Dependent Social Security # Name Sex Age (Y/N) or Taxpayer ID # List additional household members on a separate sheet of paper. Income Verification Form Page 1 Santa Ana, Gakfopp;a A26913ci l 2 — 661 — 129 11 /21 /2023 Planning Commission EXHIBIT "B" INCOME VERIFICATION FORM Monthly Gross Income * List All Sources of Income of All Household Members Living in the Inclusionary Unit Part 1: Earned Income Other Head of Household Household Members Total 1. Gross wages, before payroll deductions and $ $ $ including overtime pay, commissions, fees, tips and bonuses. 2. Net income from self employment, independent $ $ $ contractor work or a business. 3. Social security and any payments from annuities, $ $ $ insurance policies, pension/retirement funds, disability or death benefits received periodically. 4. Payment in lieu of earnings, such as $ $ $ unemployment, disability compensation, worker's compensation and severance pay. 5. Public assistance, welfare payments $ $ $ 6. Alimony, child support, other periodic allowances $ $ $ 7. Regular pay, special pay and allowances of $ $ $ members of the Armed Forces 8. Other $ $ $ Subtotal: Monthly Earned Income $ Total Monthly Earned Income x 12 = $ Total Annual Household Gross Earned Income Income Verification Form Page Santa Ana, Gakfopp;a QO913cil 2 - d1 — 130 11/21/2023 Planning Commission EXHIBIT "B" INCOME VERIFICATION FORM Monthly Gross Income * List All Sources of Income of All Household Members Living in the Inclusionary Unit Part 2: Investment Income Total Other Adult Household Head of Household Investment Household Members Income 1. Interest paid on Bank and Savings accounts $ $ $ 2. Dividends and other payments from stocks and $ $ $ bonds 3. Income from real property (i.e. rental property) $ $ $ 4. Other (describe) $ $ $ Subtotal: Monthly Investment Income: $ Total Monthly Investment Income x 12 = $ Total Annual Household Investment Income *Note: The following items are not considered income: casual or sporadic gifts; amounts specifically for or in reimbursement of medical expenses; lump sum payments such as inheritances, insurance payments, capital gains and settlement for personal or property losses; educational scholarships paid directly to the student or educational institution; special pay to a serviceman head of family away from home and under hostile fire; relocation payments under federal, state or local law; foster child care payments; value of coupon allotments for purpose of food under Food Stamp Act of 1964 which is in excess of amount actually charged the eligible household; payments received pursuant to participation in the following programs: VISTA, Service Learning Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience. Income Verification Form Page 3 Santa Ana, sal;f@PA;^ , 023cil 2 — 681 — 131 11 /21 /2023 Planning Commission EXHIBIT "B" INCOME VERIFICATION FORM Assets ** List the Current Value of All Assets of All Household Members Living in the Inclusionary Unit If the Asset generates income, that income must be specified In Part 2 above Head of Household Other Adult Household Members Total Value of Value Value Assets 1. Bank and Savings accounts $ $ $ 2. Stocks and bonds $ $ $ 3. Real property (i.e. rental property) $ $ $ 4. Other (describe) $ $ $ Total Asset Value $ **Note: Necessary items, such as furniture and automobiles, used for personal use are excluded from household assets. Collections of items for hobby, investment or business purposes must be included in household assets. If the total value of household assets exceeds $5,000, the calculation of the household's annual income shall include the greater of the actual amount of income, if any, derived from all of the household assets; or 10% of the total value of the assets. Income Verification Form Page 4 Santa Ana, Gakfopp;a A26913ci l 2 — 691 — 132 11 /21 /2023 Planning Commission EXHIBIT "B" INCOME VERIFICATION FORM If the total asset value exceeds $5,000, perform the calculations in the following table. If the total asset value is less than $5,000, the amount of investment income to be included in annual household income is $0. Calculation of Investment Income to be Included in Annual Household Income 1. Total Annual Household Investment Income $ 2. Total Asset Value $ x 10% $ The Greater of #1 or #2 = Investment Income to be Included in Annual Household Income $ Calculation of the Household's Total Annual Income Total Annual Household Gross Earned Income 1 $ Total Investment Income to be Included in Annual Household Income Total Household Income 1 $ Documentation Attach True Copies of the Relevant Documents Listed Below Paycheck stubs from three most recent pay periods Employment verification Three years Income tax returns for Title Holders Social security verification Alimony/child support verification Other (Describe) Bank/Savings account verification Self-employment verification Unemployment verification Welfare verification Disability income verification Income Verification Form Page 5 Santa Ana, sal;f@PA;^ QUA2023ciI 2 — 701 — 133 11 /21 /2023 Planning Commission ANIMIRME70 AFFIDAVIT This Affidavit is made with the knowledge that it will be relied upon by and the City of Santa Ana to determine maximum income for eligibility to purchase the Inclusionary Unit listed above. (1/we) warrant that all information set forth in this document is true, correct and complete and based upon information (1/we) deem reliable and based upon such investigation as (1/we) deemed necessary. (I/We) acknowledge that (1/we) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of (my/our) purchase agreement and will additionally enable the seller to terminate the purchase contract and sell the Inclusionary Unit to another party. (I/We) do hereby swear under penalty of perjury that the foregoing statements are true and correct and that this affidavit has been executed as of the date specified below by each adult member of the household which intends to occupy an Inclusionary Unit located at ,Santa Ana, California. Signature Date Printed Name Executed at Santa Ana, California Signature Date Printed Name Executed at , Santa Ana, California Affidavit Page 6 Santa Ana, Gakfopp;a l Q69Bci I 2— 7 T 1— 134 11 /21 /2023 Planning Commission ATTACHMENT C -- 2 ANNUAL TENANT INCOME VERIFICATION FORM Raministrative Procedures Manual Rental Residential Development April 27, 2023 GWQOQ13cil 2 — 721 — 135 Planning Commission 11 /21 /2023 TENANT INCOME VERIFICATION FORM 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION ORDINANCE CITY OF SANTA ANA Table 1: Annual Household Gross Earned Income 1 List All Sources of Earned Income for all Adult Household Members Living in the Inclusionary Unit Other Adult Head of Household Household Members Total 1. Gross amount, before payroll deductions of $ $ $ wages, salaries, overtime pay, commissions, fees, tips and bonuses 2. Net income from business $ $ $ 3. Social security, annuities, insurance policies, $ $ $ pension/retirement funds, disability or death benefits received periodically 4. Payment in lieu of earnings, such as $ $ $ unemployment, disability compensation, worker's compensation and severance pay 5. Public assistance, welfare payments $ $ $ 6. Alimony, child support, other periodic $ $ $ allowances 7. Regular pay, special pay and allowances of $ $ $ members of the Armed Forces S. Other $ $ $ Subtotal: Monthly Earned Income $ Total Monthly Earned Income x 12 = $ Total Annual Household Gross Earned Income 1 The following items are not considered income: casual or sporadic gifts; amounts specifically for or in reimbursement of medical expenses; lump sum payments such as inheritances, insurance payments, capital gains and settlement for personal or property losses; educational scholarships paid directly to the student or educational institution; special pay to a serviceman head of family away from home and under hostile fire; relocation payments under federal, state or local law; foster child care payments; value of coupon allotments for purpose of food under Food Stamp Act of 1964 which is in excess of amount actually charged the eligible household; payments received pursuant to participation in the following programs: VISTA, Service Learning Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience. Administrative Procedures Manual Rental Residential Development Page 1April 27, 2023 GNQOQ13cil 2 — 731 — 136 11 /21 /2023 Planning Commission Table 2A., Household Assets 2 List the Value of All Assets Owned by all Adult Household Members Living in the Inclusionary Unit Other Adult Head of Household Return @ 10% Household Members Total of Total 1. Bank & savings accounts $ $ $ $ 2. Stocks and bonds $ $ $ $ 3. Real property $ $ $ $ 4. Other $ $ $ $ Table 213: Income Earned Annually from Household Assets List the Actual Annual Return on All Assets Owned by all Adult Household Members Living in the Inclusionary Unit Other Adult Head of Household Household Members Total 1. Bank and savings accounts $ $ $ 2. Stocks and bonds $ $ $ 3. Real property $ $ $ 4. Other $ $ $ The return on Household assets to be included in the Gross Income calculation is set at the greater of the two amounts shown on the following page: z Necessary items, such as furniture and automobiles, used for personal use are excluded from household assets. Collections of items for hobby, investment or business purposes must be included in household assets. Under California Government Code Section 6914, if the total value of household assets exceeds $5,000, the calculation of the household's annual income shall include the greater of the actual amount of income, if any, derived from all of the household assets; or 10% of the total value of the assets. Tenant Income Verification Form Administrative Procedures Manual: Rental Housing Development Page 2 April 27, 2023 l,(26913ci I 2 — 7V — 137 Planning Commission 11 /21 /2023 Table 2C Annual Asset Income to be Added to Annual Household Gross Earned Income 10%Annual Return Actual Return Return to be Applied 1. Bank and savings accounts $ $ $ 2. Stocks and bonds $ $ $ 3. Real property $ $ $ 4. Other $ $ $ Total Annual Return to be Added to Annual Household Gross Earned Income $ The total Gross Household Income is equal to the sum of the following: Table 3: Calculation of the Household's Total Annual Gross Income Annual Household Gross Earned Income (Table 1) $ Annual Asset income (Table 2C) $ Total Annual Household Gross Income $ Income Documentation Attach True Copies of the Relevant. Documents Listed Below Paycheck stubs from two most recent pay periods Employment verification Income tax return Social security verification Alimony/child support verification Other (Describe) Bank/Savings account verification Self-employment verification Unemployment verification Welfare verification Disability income verification Tenant Income Verification Form Page 3 Administrative Procedures Manual: Rental Housing Development April 27, 2Q23 QWQ0 d3cil 2 — 7931 — 138 11 /21 /2023 Planning Commission AFFIDAVIT This Affidavit is made with the knowledge that it will be relied upon by the City of Santa Ana, our landlord and the owner of our apartment building, to determine maximum income for eligibility. (1/we) warrant that all information set forth in this document is true, correct and complete and based upon information (1/we) deem reliable and based upon such investigation as (1/we) deemed necessary. (I/We) acknowledge that (1/we) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of (my/our) rental agreement with the property owner to rent the unit and will additionally enable the property owner to initiate and pursue all applicable legal and equitable remedies with respect to the unit and to me/us. (I/We) do hereby swear under penalty of perjury that the foregoing statements are true and correct and that this affidavit has been executed as of the date specified below by each adult member of the household which intends to occupy an Inclusionary Unit located at ,Santa Ana, California. Signature Printed Name Executed at Date Santa Ana, California Signature Date Printed Name Executed at , Santa Ana, California Tenant Income Verification Form Administrative Procedures Manual: Rental Housing Development Page 1 April 27, 2023 MUCO 13cil 2 — 791 — 139 Planning Commission 11 /21 /2023 ATTACHMENT C - 3 NO INCOME CERTIFICATION Administrative Procedures Manual Rental Residential Development April 27, 2023 QUQ023cil 2 — 7?1 — 140 Planning Commission 11 /21 /2023 1, NO INCOME CERTIFICATION FOR HOUSEHOLD MEMBER (NAME) certify that as of (DATE), I am not receiving any type of income including, but not limited to, wages and salaries, overtime pay, commissions, fees, tips, bonuses, or any other compensation for personal services, net income from the operation of a business or profession, dividends or interest, net income from any kind of real or personal property, Social Security, annuities, retirement funds, pensions, death or disability benefits, unemployment or disability compensation, workers compensation, severance pay, welfare or other public assistance, alimony, or child support. By this Certification, I declare under penalty of perjury that all of the foregoing information is true and correct. Misrepresentation or misstatement may be a violation of law that could result in a fine, criminal penalty or a default on the Inclusionary Housing Regulatory Agreement made in conjunction with the rental of this Inclusionary Unit. Signature Print Name Date Administrative Procedures Manual Rental Residential Development Page 1 April 27, 2023 W*Q0 13ci l 2 — 791 — 141 11 /21 /2023 Planning Commission Exhibit D ANNUAL RENTAL RESIDENTIAL DEVELOPMENT COMPLIANCE REPORT 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION ORDINANCE CITY OF SANTA ANA Project Name: Project Address: Total Number of Units in the Project: Compliance Report Completed By: Phone Number: Date: Reporting Period: Number of Very Low Income Units: Unit # Household Name Household Size Household Income Number of Bedrooms Calculation of Net Monthly Rent Date First Occupied Date of Last Income Recertification Gross Rent Minus: Net Rent Other Utility Mandatory Allowance Payments Administratwual: 31 - 1 _ 11 /21 /2023 Page 1 Rental ResicMAftlffUbtmmission V 79 8/22/2023 AdministratmUal: 31 — 1 3 11 /21 /2023 Page 2 Rental Resic��lff'G�tn.imission — 80 8/22/2023 EXHTRIT F, NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY NOTICE IS HEREBY GIVEN that the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, has entered into a Density Bonus Agreement with P & P Bros Corp., a California Corporation ("Property Owner"). The Density Bonus Agreement imposes income and affordability covenants on a twenty two (22) unit affordable housing development project ("Project") located at 322 N. Harbor Boulevard, Santa Ana, Orange County, Assessor's Parcel Number 198051-17, and further described in the legal description provided in Exhibit A to the Density Bonus Agreement. The Density Bonus Agreement was recorded as Document/Instrument Number [TO BE INSERTED], and shall remain in effect until fifty five (55) years from the date a certificate of occupancy is issued for all units in the Project. Among other things, the Density Bonus Agreement requires as follows: (a) two (2) one -bedroom units (the "Affordable Units") shall be restricted for occupancy to a household that qualifies as a "Very -Low Income Tenant," which is defined to mean a household whose income does not exceed fifty (50%) of the area median income for the Orange County, California PMSA, adjusted for household size, and (b) the rent for the Affordable Unit shall not exceed one -twelfth (1/12) of the product of thirty percent (30%) times fifty percent (50%) times the Median Income for Orange County, as adjusted to reflect a reasonable utilities allowance. In the event the Property Owner wishes to sell or transfer the Project during the Affordability Period, the City and the Property Owner shall execute and deposit into escrow this Notice of Affordability Covenants on Transfer of the Property. The sale or transfer of the Property shall not be effective unless and until the City and transferee execute the documents necessary to transfer the Density Bonus Agreement obligations from the Property Owner to the transferee. This Notice of Affordability Covenants on Transfer of the Property in no way modifies the provisions of the Density Bonus Agreement. In the event of any conflict between this Notice of Affordability Covenants on Transfer of the Property and the Density Bonus Agreement, the terms of the Density Bonus Agreement shall prevail. IN WITNESS WHEREOF, the Parties hereto have duly executed this Notice of Affordability Restrictions on Transfer of Property as of the dates set forth below. [Signatures on Following Pages] QW)U0e3ci I 2 — 8 T 1 — 144 11 /21 /2023 Planning Commission SIGNATURE PAGE TO NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY CITY: CITY OF SANTA ANA A California Charter City and Municipal Corporation Name: Kristine Ridge Its: City Manager Date: APPROVED AS TO LEGAL FORM: Lb-z QW)U0e3cil 2 — 821 — 145 11 /21 /2023 Planning Commission SIGNATURE PAGE TO NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY PROPERTY OWNER: P & P Bros Corp A California Corporation Name: Thao Lisa Vu Its: Date: QUQ0 d3ciI 2 — $31 - 146 11 /21 /2023 Planning Commission Density Bonus Agreement Application No. 2023-02, "322 N. Harbor Blvd. Residential Development" 322 N. Harbor Boulevard The 2014 Harbor Mixed Use EIR and Technical Appendices are available online at: https://www.santa-ana.org/documents/harbor-mixed-use-final-impact-report-and-comments/ Or by visiting: Planning and Building Agency — Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 Exhibit 11— 2014 Harbor Mixed Use EIR , 0913ci l 2 — 8V — 147 11 /21 /2023 Planning Commission Planning and Building Agency www.santa-ana.org/planning-and-building Item # 32 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Resolution of Denial: Cabrillo Town Center (1901 E Fourth Street) AGENDA TITLE Resolution Approving Appeal Application Nos. 2023-02 and 2023-03 and Overturning the Determination of the Planning Commission, Thereby Denying Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243) to Facilitate the Construction of a Mixed -Use Development Known as Cabrillo Town Center at 1901 E. Fourth Street RECOMMENDED ACTION Adopt a resolution documenting the City Council decision of October 3, 2023, denying SPR No. 2023-01 and TTM No. 2023-03 for the Cabrillo Town Center at 1901 E. Fourth Street. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL APPLICATION NOS. 2023-02 AND 2023-03 AND OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION, THEREBY DENYING SITE PLAN REVIEW (SPR) NO. 2023-01 AND TENTATIVE TRACT MAP (TTM) NO. 2023-03 (COUNTY MAP NO. 19243) TO FACILITATE THE CONSTRUCTION OF A MIXED -USE DEVELOPMENT KNOWN AS CABRILLO TOWN CENTER AT 1901 AND 1971 EAST FOURTH STREET AND 515 AND 525 NORTH CABRILLO PARK DRIVE, COLLECTIVELY 1901 EAST FOURTH STREET (APNS: 400-051-02; 400-051-09; 400-051-14; AND 400-051-15) GOVERNMENT CODE 484308 APPLIES: Yes EXECUTIVE SUMMARY On April 24, 2023, the Planning Commission held a duly noticed public hearing to consider Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243) to facilitate the construction of a mixed -use development known as Cabrillo Town Center at 1901 East Fourth Street. After receiving public testimony on the item, the Planning Commission voted unanimously (6-0-0-1 with Ramos absent) to adopt a resolution approving SPR No. 2023-01 and TTM No. 2023- 03, with modified conditions of approval. City Council 32 — 1 11/21/2023 Resolution of Denial: Cabrillo Town Center (1901 E Fourth Street) November 21, 2023 Page 2 On May 1, 2023, Lozeau Drury, LLP, on behalf of the Supporters Alliance for Environmental Responsibility (SAFER), submitted an appeal application (Appeal No. 2023-02) pursuant to Section 41-645 of the Santa Ana Municipal Code (SAMC) requesting that the City Council reconsider the Planning Commission's decision. On May 3, 2023, Mitchell M. Tsai, on behalf of the Southwest Mountains States Carpenters (SWMSRCC), also submitted an appeal application (Appeal No. 2023-03) pursuant to Section 41-645 of the SAMC requesting that the City Council reconsider the Planning Commission's decision. Lastly, on August 17, 2023, Mitchell M. Tsai, on behalf of the SWMSRCC, submitted a supplemental appeal letter, outside of the 10-day appeal period, as outlined in Section 41-645(b) of the SAMC. After a public hearing at its regular meeting of October 3, 2023, the City Council voted unanimously (5-0-2 with Councilmembers Phan and Lopez abstaining) to approve Appeal Application Nos. 2023-02 and 2023-03 and overturn the determination of the Planning Commission, thereby denying Site Plan review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03. Following the City Council's decision, a resolution of denial has been prepared for the project (Exhibit 1). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, this project is exempt from further review under Section 15061(b)(4) of the CEQA Guidelines, as the City Council has denied Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243). FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution — Denial of SPR No. 2023-01 and TTM No. 2023-03 Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Steven A. Mendoza, Acting City Manager City Council 32 — 2 11/21/2023 RESOLUTION NO. 2023-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL APPLICATION NOS. 2023-02 AND 2023-03 AND OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION, THEREBY DENYING SITE PLAN REVIEW (SPR) NO. 2023-01 AND TENTATIVE TRACT MAP (TTM) NO. 2023-03 (COUNTY MAP NO. 19243) TO FACILITATE THE CONSTRUCTION OF A MIXED -USE DEVELOPMENT KNOWN AS CABRILLO TOWN CENTER AT 1901 AND 1971 EAST FOURTH STREET AND 515 AND 525 NORTH CABRILLO PARK DRIVE, COLLECTIVELY 1901 EAST FOURTH STREET (APNS: 400-051-02; 400-051- 09; 400-051-14; AND 400-051-15). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On April 24, 2023, the Planning Commission of the City of Santa Ana held a duly noticed public hearing to consider Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243) to facilitate the construction of a mixed -use development known as Cabrillo Town Center (Project) at 1901 and 1971 East Fourth Street and 515 and 525 North Cabrillo Park Drive (collectively, 1901 East Fourth Street). After receiving public testimony on the item, the Planning Commission voted unanimously (6-0-0-1 with Ramos absent) to adopt a resolution approving SPR No. 2023-01 and TTM No. 2023-03, with modified conditions of approval. Specifically, the Planning Commission modified the conditions of approval to require the applicant, Fairfield Realty, LLC. (Applicant), on behalf of David A. Colton, trustee of David A. Colton Trust (Property Owner) to coordinate with the Public Works Agency to develop a traffic -calming strategy when the Project reaches 70-percent and 95-percent occupancy, and requires the applicant to implement such strategy when feasible and appropriate as determined by the City. B. On May 1, 2023, Lozeau Drury, LLP, on behalf of the Supporters Alliance for Environmental Responsibility (SAFER), submitted an appeal application (Appeal No. 2023-02) pursuant to Section 41-645 of the Santa Ana Municipal Code ("SAMC") requesting that the City Council reconsider Resolution No. 2023-xx City Council 32 — 3 11/21 23 f 10 the Planning Commission's decision because the Project was in "violation" of the California Environmental Quality Act (CEQA). Specifically, SAFER states that: (1) The decision of the Planning Commission was in "violation" of CEQA; (2) The City's determination that the Project was analyzed in the 2010 Metro East Mixed Used (MEMU) Overlay Zone Environmental Impact Report (EIR) and Subsequent EIR (SEIR) was incorrect; (3) The Project would have new and different significant environmental impacts that were not analyzed in the MEMU EIR; and (4) That a project -specific EIR should have been prepared to analyze the Project. C. On May 3, 2023, Mitchell M. Tsai, on behalf of the Southwest Mountains States Carpenters (SWMSRCC), also submitted an appeal application (Appeal No. 2023-03) pursuant to Section 41-645 of the SAMC requesting that the City Council reconsider the Planning Commission's decision based on the following reasons: a. Requirement of a Local Workforce. Specifically, the appellant states that, "The city should require the use of a local workforce to benefit the community's economic development and environment." b. Training Requirements To Prevent Community Spread Of Covid-19 And Other Infectious Diseases. Specifically, the appellants states that, "The City should impose training requirements for the Project's construction activities to prevent community spread of Covid-19 and other infectious diseases." c. California Environmental Quality Act (CEQA) Compliance. Specifically, the appellant contends the following: i. That CEQA mandates preparation of an EIR for projects so that the foreseeable impacts of pursuing the project can be understood and weighed; ii. That there are new transportation impact methodology requirements, not analyzed in the Certified EIR; iii. That the Project requires new feasible mitigation measures to mitigate greenhouse gas impacts; and iv. That the Project may have significant land use impacts which were not analyzed in the Certified EIR. d. Inconsistency with the General Plan. Specifically, the appellant contends that the Project is inconsistent with the General Plan because there are no onsite affordable units. D. On August 17, 2023, Mitchell M. Tsai, on behalf of the SWMSRCC, submitted a supplemental appeal letter, outside of the 10-day appeal period, as outlined in Section 41-645(b) of the SAMC. Nonetheless, staff provides a comprehensive response below on all appeal items received. The subsequent letter reiterates certain points outlined in the appeal letter dated May 3, 2023. However, SWMSRCC makes several new points in their request that the City Council reconsider the Planning Commission's decision, including the following reasons: Resolution No. 2023-xx City Council 32 — 4 11/21 f 10 a. Infeasible Transportation Mitigation Requirements in the Certified EIR. Specifically, the appellant contends that the City's Transportation Mitigation Requirement is infeasible for the Project. b. Adequate Analyzes Of Noise Impacts. Specifically, the appellant contends that the Certified EIR fails to adequately analyze the Project's noise impacts, including the following: i. That the Certified EIR fails to identify all nearby sensitive receptors; ii. That the Certified EIR fails to adequately characterize ambient noise conditions; iii. That the Certified EIR's significance threshold is inadequate; iv. That the Certified EIR's construction noise analysis and mitigation measures must be revised; and V. That the Certified EIR's operation noise analysis underestimates the Project's impacts E. On October 3, 2023, the City Council conducted a duly noticed public hearing on Appeal Application Nos. 2023-02 (SAFER) and Appeal Application No. 2023-03 (SWMSRCC) and found that requiring local workforce would reduce environmental impacts. Specifically, local hire provisions requiring that a certain percentage of workers reside within 10- miles or less of the Project site could reduce the length of vendor trips and reduce greenhouse gas emissions. Moreover, local workforce policies have significant environmental benefits given that they improve an area's jobs -housing balance, decreasing the amount and length of job commutes and the associated greenhouse gas emissions. F. The City Council found that the Project was inconsistent with and will not further the objectives outlined in Section 1.2 of the Metro East Mixed -Use Overlay Zone ("MEMU"). Specifically, the City Council found that the Project was inconsistent with Objectives 1.2(A) and 1.2(L) of the MEMU Overlay Zone objectives, which promote an urban, walkable, mixed -use environment. The principles outlined in these Objectives are consistent with the Project site's District Center (DC) designation of the City's General Plan Land Use Element, which, from the Land Use Element, "provides for distinctly urban retail, residential mixed -use, and employment centers that are well connected to public transportation. It includes the City's primary activity centers and opportunities for new urban -scale development. This designation allows a mix of uses, including medium, medium -high, and urban density condominiums, apartments, and townhomes; professional offices; multilevel corporate offices; retail and commercial services; and cultural, education, recreation, and entertainment uses. Mixed -use projects are allowed in both horizontal configurations, with commercial and residential uses side by side, and vertical, with commercial uses on the ground floor and residential above." In failing to meet Objectives 1.2(A) and 1.2(L) of the MEMU Overlay Zone Resolution No. 2023-xx City Council 32 — 5 11/21 3 f 10 objectives, the Project is thereby inconsistent with the City's General Plan. Moreover, Section 4.1.1 of the MEMU (Village Center Core: Pedestrian - Oriented Design and Active Ground -Floor Uses) requires that the "ground floor of buildings fronting on Fourth Street between Cabrillo Park Drive and Park Center Drive, and Golden Circle Drive south of Fourth Street as shown on Figure 2 shall have commercial uses and pedestrian -oriented designs." As the project contains residential uses on the ground floor of Cabrillo Park Drive, the project does not satisfy this objective design criterion of the MEMU. G. Pursuant Section 8.2 of the MEMU, granting of a MEMU Overlay Zone Site Plan Review approval is subject to four findings: a. That the proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU. b. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU. C. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU overlay district. d. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU overlay district. H. Pursuant to Section 66474 of the California Subdivision Map Act (SMA) and Section 34-132(c) of the SAMC, one or more of the following findings must be established in order to deny a tentative map application: a. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451. b. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. C. That the site is not physically suitable for the type of development. d. That the site is not physically suitable for the proposed density of development. e. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Resolution No. 2023-xx City Council 32 — 6 11/21 4 OIM23 f 10 f. That the design of the subdivision or type of improvements is likely to cause serious public health problems. g. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. Based on the City Council's review and determination in its findings during its regular meeting on October 3, 2023, finding "a" of Section 8.2 as part of the MEMU cannot be made. Moreover, finding "b" of Section 66474 as part of the SMA cannot be made. Therefore, approval of SPR No. 2023-01 and TTM No. 2023-03 (County Map No. 19243) cannot be granted and the project is deemed denied. J. On January 1, 2020, California Senate Bill 330, the Housing Crisis Act of 2019 (HCA), became effective and established a statewide "housing emergency" until January 1, 2025. K. On January 1, 2022, the HCA was extended until January 1, 2030, with the passage of Senate Bill 8. L. On May 11, 2022, the Applicant submitted a SB 330 Preliminary Application for the proposed Project, which was deemed complete by staff on June 9, 2022. M. California Government Code Section 65589.5(h)(2)(B) defines Housing Development Project as Mixed -use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use. N. The square footage for the residential use in the proposed Project exceeds two-thirds of the overall Project square footage. Therefore, the Project is submitted as a Housing Development Project, pursuant to California Government Code Section 65589.5(h)(2)(B), and submitted as an SB 330 project. O. Pursuant to California Government Code Section 65589.5(j)(1), when a local agency proposes to disapprove a project, the local agency shall base Resolution No. 2023-xx City Council 32 — 7 11/21 72T f 10 its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist: a. The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete; and b. There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. P. In their decision to disapprove the Project, the City Council found that the project would have a specific, adverse impact upon the public health or safety. Specifically, by not having local hire provisions requiring that a certain percentage of workers reside within 10-miles or less of the Project, the construction activities associated with the proposed Project would result in increased greenhouse gas emissions, and overall air quality that would have adverse impacts to the public health and safety. The City Councils findings are based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Specifically, the findings are based on the complete environmental analysis concluded as part of the 2007 Metro East Mixed Used (MEMU) Overlay Zone Final Environmental Impact Report ("Certified EIR"). The following is an analysis of the increased greenhouse gas emissions, as a result of the project construction with no local hire. Air Quality and GHG Analysis The topic of GHG Emissions impacts was not included in the 2006 CEQA Guidelines, and as such, was not included in the Certified EIR's analysis of the MEMU's potential impacts. However, both the existence of carbon dioxide and other greenhouse gases from fossil fuel combustion and other activities were known at the time the Certified EIR was approved, and existed on the date that the Project was deemed complete. The analysis in the Certified EIR considered both the construction and operational phases associated with implementation of the MEMU. As required by Section 15126.2(a) of the CEQA Guidelines, direct, indirect, Resolution No. 2023-xx City Council 32 — 8 11/21 3 f 10 short-term, and/or long-term impacts were addressed, as appropriate, for the environmental issue area being analyzed. In addition, the analysis focused on the nature and magnitude of the change in the air quality environment due to implementation of the MEMU. Air pollutant emissions associated with the MEMU would result from operation of the proposed developments, such as the proposed Project. Based on analyses submitted by the appellants, the air quality and air pollutant emission impacts associated with the Project will be exacerbated as the Project does not include any local hire provisions, resulting in increased length of construction crew trips, as well as trips by suppliers (e.g., materials, construction vehicles, etc.), and increased emissions. Moreover, construction activities would also generate emissions in the project area and on roadways resulting from construction -related traffic, as they do not include local hire provisions. The net increase in project site emissions generated by these activities and other secondary sources were quantitatively estimated and compared to thresholds of significance established by the SCAQMD. Construction emissions in the Certified EIR were also calculated using quantifiable metrics, based on objective, identified written public health or safety standards, or policies. Specifically, emissions were analyzed according to the thresholds established by the SCAQMD and published in the SCAQMD CEQA Air Quality Handbook. In addition, the Certified EIR used thresholds of significance were based on Appendix G of the 2006 CEQA Guidelines. While the Certified EIR evaluated a range of potential mitigation measures to reduce significant project impacts and implemented all feasible mitigation measures, construction and operation of development projects within the MEMU would result in the following significant and unavoidable impacts related to air quality: • Short-term construction impacts resulting from peak daily emissions of Volatile Organic Compounds (VOCs) and Nitrous Oxide (NOx); • Operational impacts resulting from peak daily emissions of PM10, CO, VOC, and NOx; and • A cumulatively considerable net increase of criteria pollutants for which the proposed project region is in nonattainment under an applicable federal or state ambient air quality standard resulting from construction and operation. Q. As outlined in the Certified EIR, even with the recommended mitigation measures found in the Mitigation Monitoring and Reporting Program (MMRP), the above listed air quality impacts exceeded the defined threshold(s) of significance and cannot be eliminated or reduced to a less - than -significant level through the implementation of feasible mitigation Resolution No. 2023-xx City Council 32 — 9 11/21 3 f 10 measures. Therefore, the identified impacts were considered to meet the definition of specific, adverse impact, as defined in California Government Code Section 65589.5(j)(1)(A). Moreover, because the impacts were deemed significant and unavoidable, there is no feasible method to satisfactorily mitigate or avoid the adverse impact identified, other than the disapproval of the housing development project. R. Based on the City Council's review and determination in its findings during its regular meeting on October 3, 2023, and based on the above air quality analysis prepared for the MEMU Certified EIR and the analyses provided by the appellants, the Project is disapproved pursuant to California Government Code Section 65589.5(j)(1)(A). Section 3. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, this project is exempt from further review under Section 15061(b)(4) of the CEQA Guidelines, as the City Council has denied Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243). Section 4. The City Council of the City of Santa Ana hereby approves Appeal Application Nos. 2023-02 and 2023-03, overturning the Planning Commission's approval, thereby denying Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243). This decision is based upon the evidence submitted at the October 3, 2023 hearing, which includes, but is not limited to: the Request for City Council Action dated October 3, 2023, and exhibits attached thereto; findings of inconsistency with the MEMU Overlay Zone and the SMA that were made during the regular City Council meeting of October 3, 2023; and the public testimony, written and oral, all of which are incorporated herein by this reference. [This space intentionally left blank] [Signatures on the following page] Resolution No. 2023-xx City Council 32 — 10 11/21 3 f 10 ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Jose Montoya Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers 2023. Valerie Amezcua Mayor Resolution No. 2023-xx City Council 32 —11 11/21 3 f 10 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-xx to be the original resolution adopted by the City Council of the City of Santa Ana on .2023. Date: City Clerk Resolution No. 2023-xx City Council 32 — 12 11/ 0 3 f �o Planning and Building Agency www.santa-ana.org/planning-and-building Item # 33 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Second One -Year Extension for Site Plan Review No. 2016-03 and Variance Nos. 2017-05 and 2017-06 for The Madison Mixed -Use Development Project Entitled at 200 North Cabrillo Park Drive AGENDA TITLE Second One -Year Extension of Site Plan Review No. 2016-03 and Variance Nos. 2017- 05 and 2017-06 for The Madison Mixed -Use Development Project Located at 200 North Cabrillo Park Drive RECOMMENDED ACTION 1. Adopt a resolution approving a second one-year extension of Site Plan Review No. 2016-03, Variance No. 2017-05, and Variance No. 2017-06. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONE-YEAR EXTENSION OF SITE PLAN REVIEW NO. 2016-03, VARIANCE NO. 2017-05, AND VARIANCE NO. 2017- 05, AND VARIANCE NO. 2017-06 FOR THE MADISON MIXED -USE DEVELOPMENT TO BE LOCATED AT 200 NORTH CABRILLO PARK DRIVE 2. Determine that in accordance with the California Environmental Quality Act (CEQA), the approval of the time extension is exempt form CEQA per Section 15061(b)(3). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Background On June 5, 2018, the City Council approved Appeal No. 2017-05, reversing the Planning Commission's decision to deny Site Plan Review No. 2016-03, Variance No. 2017-05, and Variance No. 2017-06, for a reduction in parking and increased side yard setback, which facilitated the construction of a seven -story mixed -use development project with up to 260 units for the property located at 200 North Cabrillo Park Drive. Pursuant to Section 41-647 of the Santa Ana Municipal Code (SAMC), entitlements such as variances automatically become void should the property owner fail to institute an action to comply with the provisions of the entitlements within two years of its City Council 33 — 1 11/21/2023 Second Extension of Entitlements for the Madison Mixed -Use Development (200 North Cabrillo Park Drive) November 21, 2023 Page 2 approval. This section also allows the property owner to request an extension of the entitlement up to a period of three years from the date of the expiration. The subject entitlements were in effect until June 5, 2020; however, due to difficulties stemming from the COVID-19 global pandemic, which affected the development industry worldwide, the applicant experienced delays in moving the project forward and constructing the new mixed -use development. During this time, a state of local emergency was declared stemming from the COVID-19 pandemic, which provided relief to residential developers by extending approvals of residential entitlements to December 31, 2022. The applicant had submitted construction drawings into plan check on August 14, 2022, and was working through the plan check process when they requested the first one-year extension of the site plan and variances. The City Council approved the first one-year extension, which extended the entitlement approval through December 31, 2023. Analysis Due to increased cost of materials, changes in construction loan interest rates, labor shortage, and market changes impacting the applicant's ability to develop the project, the applicant is requesting a second one-year extension through December 31, 2024. Specifically, recent increases in interest rates beginning the first quarter of 2022 and continuing through 2023, and their impacts on construction loans and land development costs, have resulted in additional delays to the project's ability to complete the plan check process, pull permits, and break ground on the project by the December 31, 2023, deadline that was established the City Council -approved entitlement extension. As a result, the applicant is requesting a second one-year entitlement extension pursuant to Section 41-647 of the SAMC. In an effort to encourage construction of entitled projects, it is the Planning Division's policy to recommend no more than one- year extensions at a time. The applicant has since completed the building plan check process and is working through the Public Works Agency's review process, which would need to be completed prior to permit issuance. Following the completion of the plan check process the applicant intends to obtain their permit and begin construction in third quarter of 2024 in order to effectuate its entitlements within a timely manner. City Council 33 — 2 11/21/2023 Second Extension of Entitlements for the Madison Mixed -Use Development (200 North Cabrillo Park Drive) November 21, 2023 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the approval of the time extension is exempt form CEQA per Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Approving the Second One -Year Extension 2. Original Resolution Approving Entitlement (No. 2018-038) 3. Resolution Approving First One -Year Extension (No. 2022-092) 4. Full Project Plans Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Steven A. Mendoza, Acting City Manager City Council 33 — 3 11/21/2023 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONE-YEAR EXTENSION OF SITE PLAN REVIEW NO. 2016-03, VARIANCE NO. 2017- 05, AND VARIANCE NO. 2017-06 FOR THE MADISON MIXED -USE DEVELOPMENT TO BE LOCATED AT 200 NORTH CABRILLO PARK DRIVE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On June 5, 2018, the City Council approved Appeal No. 2017-05, thereby reversing the Planning Commission's decision to deny Site Plan Review No. 2016-03, Variance No. 2017-05, and Variance No. 2017-06 to allow the development of a seven -story, 260-unit mixed -use development at 200 North Cabrillo Park Drive. B. Pursuant to City of Santa Ana Municipal Code Section 41-647, where construction does not commence, these types of entitlements expire after two (2) years unless the applicant applies for, and the City Council approves, an extension. Up to three extensions may be granted. C. Prior to the expiration of the subject entitlements, a state of local emergency was declared stemming from the COVID-19 pandemic. Successive executive orders extended the expiration date of the project's entitlements from June 5, 2020, to December 31, 2022. D. Taking into consideration the difficulties experienced by the development industry from the global COVID-19 pandemic and its effects on securing funding, labor, and construction materials, the City Council approved the applicants first request for a one-year entitlement extension on December 6, 2022, extending the subject projects entitlements until December 31, 2023. E. Recent increases in interest rates beginning the first quarter of 2022 and continuing through 2023, and their impact on construction loans and land development costs, have resulted in additional delays to the project's ability to complete the plan check process, pull permits, and break ground on the project by the December 31, 2023, deadline. City Council 33 — 4 eso u iT N1of 4 F. It is the Planning Division's policy to recommend no more than one-year extension at a time, mainly in an effort to encourage the construction of previous approved projects. G. The applicant has since completed the building plan check process and is working through the public works review process, which would need to be completed prior to permit issuance. Following the completion of the process the applicant intends to pull their building permits and begin construction in third quarter of 2024, in order to effectuate its entitlements within a timely manner. H. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. Section 2. Site Plan Review No. 2016-03, Variance No. 2017-05, and Variance No. 2017-06 are each hereby extended for a period of one (1) year until December 31, 2024. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated November 21, 2023, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference. Section 3. 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 21 st day of November, 2023. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Jose Montoya Assistant City Attorney Page-Af ounce 33 — 5 11 /21 /2023 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers City Council 33 — 6 eso u IT qXXX of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023- to be the original resolution adopted by the City Council of the City of Santa Ana on , 2023. Date: City Clerk City of Santa Ana Res( Page Xf ounci 33 — 7 11 /21 /2023 Ls 6.5.1 S RESOLUTION NO. 2018-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL NO. 2017-05 AND REVERSING THE PLANNING COMMISSION'S DENIAL OF SITE PLAN REVIEW NO. 2016-03, VARIANCE NO. 2017-05 FOR A REDUCTION IN PARKING, AND VARIANCE 2017-06 FOR THE INCREASED SIDE YARD SETBACK, AS CONDITIONED, FOR THE DEVELOPMENT OF THE PROPERTY LOCATED AT 200 NORTH CABRILLO PARK DRIVE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows A. Robert Bisno with Cabrillo Community Partners, LLC (hereinafter referred to as "Applicant") is requesting approval of Site Plan Review No. 2016-03, and Variance No. 2017-05 and Variance No. 2017-06, to allow the construction of a seven -story mixed -use development with up to 260 units at 200 North Cabrillo Park Drive. B. On December 11, 2017, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, and adopted a resolution denying Site Plan Review No. 2016-03 and Variance Nos. 2017-05 and 2017-06. C. The Planning Commission's decision to deny Site Plan Review No. 2016-03 and Variance Nos. 2017-05 and 2017-06 was appealed to the City Council by the Applicant on December 20, 2017, contending that the project is appropriate at this location (Appeal No. 2017-05), Santa Ana Municipal Code (SAMC) section 41-645 allows any interested party, individual or group to file an appeal. D. Appeal No. 2017-05 came before the City Council of the City of Santa Ana for a duly noticed public hearing on April 3, 2018, to consider all testimony, written and oral. The project was continued to April 17, 2018, to provide adjacent property owners additional time to address circulation concerns. E. The City Council of the City of Santa Ana has considered the information, disagrees with the Planning Commission decision, and determines that the following findings, which must be established in order to grant this Site Plan Review pursuant to SAMC Section 41-595.5 and Metro East Mixed -Use Overlay Zone (MEMU) Sections 8.1 and 8.2 have been established for Site Plan Review No. 2016-03 to allow construction of the proposed project. Resolution No. 2018-038 Page 1 of 10 City Council 33 — 8 11/21/2023 1. That the proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU overlay district. The proposed development project will be compatible with Section 1.2 (Objectives) of the Metro East Overlay zone. The proposed project will contain up to 260 residential units (including four live/work units) and approximately 5,600 sq. ft. of commercial uses. The project design incorporates an active streetscape that integrates the private development with the public realm. The project meets several General Plan goals and policies, including land Use Element Goal 1 (promote a balance of land uses to address basic community needs), Goal 2 (promote land uses which enhance the City's economic and fiscal viability), and Housing Element Policy HE-2.3 (encourage the construction of rental housing for Santa Ana's residents and workforce, including a commitment to very low, low, and moderate income residents and moderate income Santa Ana workers) and Policy HE-2.5 (require excellence in architectural design through the use of materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive ("green") building and design practices). 2. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU overlay district. The project complies with the majority of development standards enumerated in the MEMU regulating plan, with the exception of required parking and side yard setback, which are analyzed through the variances. 3. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU overlay district. The proposed development consists of a seven -level project surrounded by several existing mid and high-rise buildings and has been designed to complement these developments. It supports the vision of the MEMU plan with the construction of a high -density mixed -use development in close proximity to similar residential uses and supportive commercial uses. The project incorporates a variety of architectural materials, massing and ground floor uses that are compatible with the MEMU plan. It encourages a reduction in parking to reduce construction cost and emissions and to foster alternative Resolution No. 2018-038 Page 2 of 10 City Council 33 — 9 11/21/2023 modes of transportation such as bicycling, walking, and transit. 4, That the land use, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU overlay district. No significant negative impacts from noise, air quality, aesthetics, or traffic are expected except for temporary impacts arising during construction of the project. The site's design is intended to activate its frontage on Cabrillo Park Drive with the provision of publicly accessible open space, small-scale commercial uses, and a variety of seating and recreational amenities. F. The City Council of the City of Santa Ana determines that the following findings, which must be established in order to grant Variance Nos. 2017- 05 and 2017-06 for reduction in parking and increased side yard setback, respectively, have been established as required by SAMC Section 41 -633: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The proposed project is located in an area surrounded by office buildings, parking structures, and a freeway, which restrict the site from compliance with the side yard setback to the south property line and parking requirements. The site is surrounded by high-rise offices and parking structures that have ample parking with divergent peak hour demands from the residential component of the proposed project. Adjacent commercial sites are built out to minimum setbacks and abut a freeway, which limits the amount of developable area for habitable space, parking, and open space for future residents and visitors. Additionally, the site necessitates adequate emergency access to the rear of the property to serve the proposed development. In order to properly address life safety issues, the building massing which takes into account the parking garage and setbacks must be reduced to accommodate a larger setback for a fire lane and adequate ladder angles. 2. That the granting of the variances is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Resolution No. 2018-038 Page 3 of 10 City Council 33 — 10 11/21/2023 The granting of the parking and setback variances will preserve the property owner's ability to develop a vacant lot with uses consistent with the MEMO overlay plan and to provide adequate emergency access to serve the project. The development will revitalize the currently undeveloped parcel and activate the area with additional housing and commercial uses to support the active -urban subzone of the MEMU overlay plan. Future housing and active retail uses will benefit the neighborhood and promote the ability to live, work, shop, and play all within a short walk of each other. 3. That the granting of the variances will not be detrimental to the public welfare or injurious to surrounding property, The granting of the parking and setback variances will not be detrimental to the public or surrounding properties. As demonstrated in the parking analysis for the project, the site will have sufficient parking to accommodate the peak demand for the future residential and commercial uses. The parking study also demonstrates that residential uses have divergent peak demand hours than surrounding commercial and office uses, therefore .no significant impacts to traffic or parking are anticipated. Furthermore, the 30-foot setback in lieu of a maximum 10-foot setback is necessary to accommodate emergency access and will serve a dual design purpose as open space for the residents. The variances will allow for the development of an undeveloped vacant site consistent with the MEMU overlay plan. 4. That the granting of the variances will not adversely affect the General Plan of the city. The project will not adversely affect the General Plan, but rather support Its goals, The proposed project is consistent with Land Use Element Goal 1 (promote a balance of land uses to address basic community needs) and Goal 2 (promote land uses which enhance the City's economic and fiscal viability) by providing a high -intensity mixed -use residential and commercial development consistent with the vision of the area and surrounding land use designations. The variances allow for the development of the project in a mid to high-rise built environment and will provide housing in close proximity to support nearby commercial uses. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is exempt from further review pursuant to Section 15332 (Class 32 "In -Fill Development Projects"). Resolution No. 2018-038 Page 4 of 10 City Council 33 —11 11/21/2023 The Class 32 exemption applies to projects characterized as infill development meeting the following conditions: 1. The project is consistent with the applicable general plan designation and all. applicable general plan policies as well as with applicable zoning designation and `regulation; 2. The proposed development occurs within city limits on a project site of no -more' -than five acres substantially surrounded by urban uses; 3. The project site has no value as habitat for endangered, rare or threatened species; 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and 5. The site can be adequately served by all required utilities and public services. The project is consistent with the City's General Plan and the MEMU regulating plan. The project meets several General Plan goals and policies, including Land Use Element Goal 1 (promote a balance of land uses to address basic community needs) and Goal 2 (promote land uses which enhance the City's economic and fiscal viability), and Housing Element Policy HE-2.3 (encourage the construction of rental housing for Santa Ana's residents and workforce, including a commitment to very low, low, and moderate income residents and workforce in the City) and Policy HE-2.5 (require excellence in architectural design through the use of materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive ("green") building and design practices). The project site and type of development proposed are already addressed in the previously approved environmental impact report (EIR) for the MEMU overlay district (EIR No. 2006-01). However, a Class 32 exemption is required for the project because the original EIR did not require a greenhouse gas study. The Applicant submitted a greenhouse gas study to indicate that the project will not negatively impact greenhouse gas reduction goals. In addition, a health risk assessment (HRA) was prepared to identify any impacts from developing a residential community adjacent to a freeway. The HRA recommends that the project incorporate certain window design features on freeway -facing elevations for all units adjacent to the 1-5 freeway, and that the project install air filtration systems throughout. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Appeal No. 2017-05, and approves Site Plan Review No. 2016- 03, Variance No. 2017-05, and Variance No. 2017-06, as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the public testimony at such hearing, written and oral, all of which are incorporated herein by this reference. Resolution No. 2018-038 Page 5 of 10 City Council 33 — 12 11/21/2023 ADOPTED this 5rh day of June, 2018 by the following vote: +11el A. ulido APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: / Lisa. Storck Assistant City Attorney AYES: Councilmembers Benavides, Pulido, Sarmineto, Solorio, Tinajero, Villegas (66) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Martinez (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-038 to be the original resolution adopted by the City Council of the City of Santa Ana on June 5, 2018. Date: Y-/ Zcx Resolution No. 2018-038 Page 6 of 10 !tea 42 • l Maria D. Huizar Clerk of the Council City of Santa Ana City Council 33 — 13 11/21/2023 EXHIBIT A Conditions for Approval for Site Plan Review No. 2016-03 Variance No. 2017-05 and Variance No. 2017-06 Site Plan Review No. 2016-03, Variance No. 2017-05, and Variance No. 2017-06 are approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval. The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this site plan review and variances. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Pailure to comply with each and every condition may result in the revocation of the site plan review and variances. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2016-38. 2. Any amendment to this site plan review, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 3. The project shall comply with all mitigation measures as required by the Metro East Mixed -Use Overlay Zone. 4. A residential property manager shall be on -site at all times that the project is occupied. 5. All new utilities and mechanical equipment such as backflow devices, Edison transformers, and double check detector assembly devices shall not be located within front yard setbacks and must be screened from view from public and courtyard areas. 6. All parking for the project, including visitor parking spaces, shall be made available free of charge. 7. The interior of the parking structure shall be painted white. Resolution No. 2018-038 Page 7 of 10 City Council 33 — 14 11/21/2023 8. A final detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas as well as an installation plan, The exact specifications for these items are subject to the review and approval of the Planning Division. 9. After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 10. A Resident Storage Plan shall be provided for the project prior to occupancy. Storage shall be available at no cost to the residents. 11, Smart wiring, including cable television and highspeed cable for computers, shall be provided for each unit and within the projects common areas. 12. Prior to issuance of a grading permit, the following shall be completed: a) Submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall Include construction hours, staging areas, parking and site security/screening during project construction. b) Block wall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and be approved by the Planning Division. 13. Prior to occupancy of any units, the following shall be completed: a) A Rental Housing Operational Plan must be submitted to the Planning Division for review and approval. At a minimum, the plan shall identify the location of employee and visitor parking, the location of the rental office, hours of operation for the rental office, and signage affiliated with the Rental Housing Operational Plan, In addition, the rental plan must clearly note that the parking and project amenities must be provided free of charge to the residents. b) A Parking Management Plan shall be submitted to the Planning Division for review and approval. The plan shall include parking spaces with accompanying exhibits and provisions for the distribution and management of parking for residents, employees and guests. 14.As a result of the health risk assessment (HRA) and to reduce any adverse health effects associated with diesel -truck emissions associated with the project's proximity to the 1-5 Freeway, Applicant must install non -operable windows on all windows facing the 1-5 Freeway and install air filtration systems with filters meeting or exceeding the American Society of Heating, Refrigeration, Resolution No. 2018-038 Page 8 of 10 City Council 33 — 15 11/21/2023 and Air Conditioning Engineers (ASHRAE) 52.5 Minimum Efficiency Reporting Value (MERV) of 14. 15. A Public Art Plan shall be submitted to the Planning Division for staff review and approval prior to the issuance of building permits. The public art shall be installed prior to issuance of a certificate of occupancy, B. Police Department 1. The Applicant will be required to submit a security plan for the proposed project to the Police Department, The plan will be required to outline hours of operation for the parking structure (secured/open), a duress alarm system for the parking structure and an access control system for the perimeter of the building, 2. Parking structure and buildings: Each door within the structure and building leading into a stairwell, lobby, or storage area must be outfitted with a 100 square inch fire rated window. Convex mirrors minimum of 12 inch in diameter must be provided at each stairwell landing, in the storage rooms and at each corner along a walkway. The last flight of each stair must be fully enclosed at its base. 3. Elevators are to be equipped with minimum 12-Inch shatterproof convex mirrors or are to have mirrored backing. 4. Parking structure first floor exits must be designed to allow emergency egress with no exterior hardware. 5. Building/unit addressing shall comply with emergency service standards of the City of Santa Ana. 6. Lobby doors must be equipped with a Police Department approved access control system. 7. Provide a minimum 100 square inch window in the trash mom and storage room doors. 8. Parking Structure elevators must be equipped with an approved access control system. C. Orange County Fire Author! 1. Prior to OCFA clearance of issuance of a building permit, the Applicant or responsible party shall submit plans and obtain approval of the following: a) Fire master plan (service code PR145) b) Architectural (service codes PR200-PR285) Resolution No. 2018-038 Page 9 of 10 City Council 33 — 16 11/21/2023 c) Architectural (service codes (PR212-PR220, abbreviated review) d) Tanks storing hazardous materials (service codes PR300-PR305) e) Hazardous materials compliance and chemical classification (service codes PR315-PR328) f) Battery (service code PR375), for any system containing an aggregate quantity of electrolyte in excess of 50 gallons . g) Underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475) h) Fire sprinkler system (service code PR400-PR465) 2. Prior to concealing interior construction, the Applicant shall obtain approval of a fire alarm system (service code PR500-PR520). 3. Before commencement of construction, the Applicant or responsible party shall attend a pre -construction meeting with an OCFA inspector. Call OCFA Inspection Scheduling at 714-573-6150 at least five days in advance to schedule and pay for the pre -construction meeting. 4. After installation of required fire access roadways and hydrants, the Applicant shall receive clearance from the OCFA prior to bringing combustible building materials on -site. Call OCFA Inspection Scheduling at 714-573-6150 with the Service Request number of the approved fire master plan at least five days in advance to Schedule the lumber drop inspection. 5. The Applicant or responsible party shall provide the OCFA inspector evidence of compliance with emergency responder digital radio system performance criteria prior to occupancy. Refer to OCFA Guideline C-03 or the local jurisdiction's emergency responder radio ordinance, as applicable, for requirements. Resolution No. 2018-038 Page 10of10 City Council 33 — 17 11/21/2023 RESOLUTION NO.2022-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONE-YEAR EXTENSION OF VARIANCE NO. 2017-05 AND VARIANCE NO. 2017-06 FOR THE MADISON MIXED -USE DEVELOPMENT TO BE LOCATED AT 200 NORTH CABRILLO PARK DRIVE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On June 5, 2018, the City Council approved Appeal No. 2017-05, thereby reversing the Planning Commission's decision to deny Variance No. 2017-05 and Variance No. 2017-06 to allow the development of a seven -story, 260-unit mixed -use development at 200 North Cabrillo Park Drive, B. Prior to the expiration of the subject entitlements, a state of local emergency was declared stemming from the COVID-19 pandemic. Successive executive orders extended the expiration date of the project's entitlements from June 5, 2020 to December 31, 2022. C. Due to difficulties experienced by the development industry from the global COVID-19 pandemic, the applicant has been unable to move forward with the development and is requesting an extension for the variances. It is the Planning Division's policy to recommend no more than one-year extensions at a time, mainly in an effort to encourage the construction of previously approved projects. D. The applicant intends to complete the plan check process and obtain all necessary building permits for the project. The construction plans for the project have been submitted for plan check as of August 14, 2022. The applicant expects to obtain permits and start construction in early 2023. E. Pursuant to City of Santa Ana Municipal Code Section 41-647, where construction does not commence, these types of entitlements expire after two (2) years unless the applicant applies for, and the City Council approves, an extension. Up to three extensions may be granted. F. The applicant filed a request for the extension on September 19, 2022. The extension request came before the City Council on December 6, 2022. G. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section Resolution No. 2022-092 City Council 33 — 18 11/ 112bf 3 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. Section 2. Variance No. 2017-05 and Variance No. 2017-06 are each hereby extended for a period of one (1) year until December 31, 2023. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated December 6, 2022, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference. Section 3. 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 6t" day of December, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �v�-�� Jo M. Funk Chief Assistant City Attorney AYES: Councilmembers Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento (7) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) Resolution No. 2021-092 IL&R9 tZdncil 33 — 19 11 /21 /2023 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022- 092 to be the original resolution adopted by the City Council of the City of Santa Ana on December 6, 2022. Date: -A ,,. '4 - &I ' Clerk of the Council City of Santa Ana Resolution No. 2022-092 City Council 33 — 20 11/2 I-20 T 3 K THE MADISON, 200 N. CABRILLO, SANTA ANA, CA 92701 VICINITY MAP CONSULTANTS O N o< s °J< <� N 3 W a _•� JTAGOHNNY ITI WORKS 411E.HOR SUITE 308 a a H n,X } r 1 ' A ARCADIC 910M AA. STEVEN CHEN HEN PRINCIPAL _ M ` y^"'ti 1�•'^— �l ` EE uhen@MptleslgnwoMs.com f gy El P:I -r T: 626.44fiE300 : d CIVIL KHR JWwamumJIMKAWAMURA-PRINCIPAL STRUCTURE •`+ ;`o - BRETTKAUFMANNENGINEERS BRETT IOIUFMANN PRINCIPAL''O$ I�4 i 17 ♦ T' ; P Bre11 W Orzn9WNmann@vcasOuc00 1845avmetl Are M00, OrerGe, CA 9M60 Ti (714)9)89700 i W 't �$ ll elf LS �+ .. d . - MEP 4 1J- ism u ' k a , -_ .-- GREEN MEP BRUCE EN- -ENGINEERING OPERATIONS OFFICER 111 .y. - � a ¢F`vo✓�+az 2T?:4IFVINEAVED3, NEWPORT BEACH, CA 9fiE0 1949)2321919 0 � 1 y SOIL SOIL �1 yyI ON GROUP, INC. DJAN CHANDRA-SENIOR PRINCIPAL ENGINEER RVIN , CA 1T6, QQWAN.IR"NE. CA 926,4 17 81 COWAN, 3 tvN PARKING SUMMARY PROJECT SUMMARY LANDSCAPE W Q UNITCOUNT TRIBUTARY L4 INC. GLEN BROUWER-PARTNER ible.com glen®8 STUDIO 54 UNITS .1.5%RATIO(26NO.5%) 1BEDR00M 11 BATH 154 UNITS PROJECT DESCRIPTION THEPRQIECT IS A7STORY MIXED USE DEVELOPMENT CONSISTING OF NO APARTMENT UNITS WITHIN ONE 5-STORY TYPE-IIIA BUILDING, AND CONSTRULTEO OVER ONE 35TORY TYPE 3725JEFFERSON ST, GARLSBAD. CA 92000 2BECROOM I2 SATH(2 SPACES;TANDEM) 44 UNITS -IA STRUCTURE WITH 2 LEVELS ABOVE GRADE AND ONE LEVEL BELOW GRADE. THE PROJECT T I)EO)434-9300 3BEDRDOMl3 BATH D SPACES;TANDEM) 4UNITS PROVIDES STUDIO, ,-BEDROOM,2-SEDROOM,AND L°FT UNITS, AS WELL AS A POOL, SPA, (2) OPEN •I ACOUSTICAL VENEKLASEN LIVE I WORK(2 SPACES;TANDEM) 4UNITS AIR TERRACES, FITNESS CENTER, BUSINESS CENTER, CLUB ROOM, AND PRIVATE BALCONIES IN THE TYPE IIIA STRUCTURE. THE PROJECT INCLUDES (4) UVEIWORK UNITS. (2) SEPARATE RETAIL SPACES, A LEASING CENTER WITHIN THE TYPE IA STRUCTURE. NO UNITS = 390 STALLS REQUIRED JOHN LOVERDE- PRINCIPAL jloverde®venekleaeI,— .... 18TH ST, SANTA MONICA, CA 90404 3955TALLS PROVIDED ADDRESS 200 M CABRILLO, SANTA ANA, CA 9276I T: (310) 4W-ti33 TOTAL RESIDENTIAL UNITS: Ma XRN. 400­071-03 as ta`n'e FIRE MASTER PLAN RETAIL UNITS: 2SPACES REDEVELOPMENT PROJECT AREA METRO EAST MIXED USE OVERLAY ZONE YCI CODE CONSULATING JOHN YOUNGHUSBAND-PRESIDENT -2,1. SF (NORTH RETAIL) 3,248 BE (SOUTH RETAIL) '�mnNw jOhnydrOr.wm 310AVENUE B466RED0NDOBEACH,CA902P -PLUS, 4 UVE ORK UNITS ABOVE OWNER NAME TA PARTNERS APARTMENT FUND V LLC JEFF CARLSON- DEVELOPMENET MANAGER T: (310) 844-0825 PARKING— STUDY: 16WO ASTON ST, SUITE 275 SURVEYOR VEHICLE PARKING OWNER ADDRESS IRVINE, CA ANUSt`�0 WATERPROOFING TOTAL RESIDENTIAL PARKING STALLS (1.SRATIO) ICTAL TIRET P 0. 84P294M68 OWNER PHONEA MIXED USE(MU) ZONING TOTAL STALLS: 468 STALLS (1.)ORATIO) MAXWELL BUILDING ENCLOSURE, INC. MAX FA TOTAL TANDEM STALLS: 104 STALLS (00%) TOTAL H C. STALLS: 11 STALLS TYPE IIIA (LEVEL 3]), TYPE IA(LEVEL 1-2 ABOVE GRADE 8ONE LEVEL BELOW GRADE) CONSTRUCTION TYPE ] THIS PROJECT SHALL COMPLY WITH ALL FEDERAL, STATE 8 LOCAL CODES INCLUDING, BUT NOT LIMITED TO THE FOLLOWING: WO2S ALICIA PARK 3002E 655 A PARKWAY, SUITE 655 LACUNA NIGUEL, CA AMP 53 STALLSx S% 3RETAILIGUEST NUMBER OF STORIES SS'-0" ALLOWED (BY 2019 CBC) •2019CALIFORNIABUILDING CODE T:1-)5102292 395 STALLS x 2% 8RESIDENTIAL MAX BUILDING HEIGHTALOWED 84'-0" • 2019 CALIFORNIA FIRE CODE •2019 CALIFORNIA ELECTRICAL CODE TITLE NDRY UTILITY ELECTRIC VEHICLE CHARGING CALCULATION: PROPOSED BUILDING HEIGHT 73'-V HIGHTEST OCCUPIED LEVEL • 2019 CALIFORNIA MECHANICAL CODE MORROW MANAGEMENT SEE G301, G3.02 •2019CALIFORNIAPLUMBINGCODE • 2019 GREEN BUILDING STANDARDS CODE DAVIDWOLFF _orrarrowmgmtcom 448 STALLS x 5%=224- 23 EVC STALLS REQUIRED PROVIDE VAN ACCESSIBLE EV -1 STD ACESSIBLE EV FLOORARSATABULATION NFPA 13 30 1,VIA CALLEJON, SAN CLEMENTE, CALIFORNIA, 973 FIRE SPRINKLERS PARKING SCHEDULE -RESIDENTIAL Z79 ACRES(121,]61 SF) Ces han T Ccunt � y� SMART STAGE SMART SYSTEMS TECHNOLOGIES. INC. FALL FLORES LOT AREA 1.03 ACRES (44,9]i SF) RESIDENTIALADA ADA Resld..d Garage 9'-0-X 18'-0' 9 AL AIUminum BALL BalKory DETAIL ENLARGEMENT REF. ReclFloreaWssmun.cam IRVINE, CA 9Mt8 OPEN SPACE 9 _� BLDG BUltlnq CELL:i '2 CELL:(949)289-8629 2On UNITS 12.)9 ACRES=93.2 DUTAC DENSITY CL Center Line DETAIL REFERENCE CLG Ceiling ADDRESSING CONSULTANT 41 FAR. RESIDENTIAL STANDARD Reslden0al Garage 8'8'X 16-0" 283 263 OLDCloset Q SECTION CUT GANNON DESIGN R-2-APARTMENT CLR Clear CONIC Concrete CONT Continuous e DETAIL REFERENCE VICKI DiMANAGER NOS. LASSELST, SUITE 36D S. GLASSELL ST., SUITEA OCCUPANCY A-AMENITES B-LEABING&AMENITIES M-RETAIL RESIDENTIALTANOEM Tantlem Gemgee'-6"X18'-0'2 144 i4a Gand roro1:418 416 DBL Double DIM Dimension ORANGE, CA 92M6 (714)4]3-0M9M S-1-GARAGE STORAGE&ACCESSORY SPACES DIM Down INTERIOR ELEVATION FEE. ()14)5.561)10 S2- GARAGESTORAGE SACCESSORY SPACES (PERCBCMI9 CHAPTERS) DS Down Spout DWG Drawing PARKING SCHEDULE -RETAIL ELEC EleCtdcel GRID LINES ELEV Elevaion (3) STORIES TYPE III WOVER I STORIESCONCRETEICMU/MTL FRAMING CONSTRUCITON TYPE (5)STORIES TYPE IIIA (OVER 3STORIES TYPE IA)LIGHT WOOD FRAMING Oasrnp5on Typa Court EO Equal REVISION NUMBER (CHAPTERS)BID RSTAILAOA ADA Ra 1Gemge 9'-G'X18'-0' 2 EXIST Existing EXT E.'DHO' ® NOTE REFERENCE (1) STORY SUBTERRANEAN &(2) STORIES ABOVE GRADE PLANE FOR TYPE IA ALLOWABLE HEIGHT& STORIES BUILDING (HORIZONTAL BUILDING SEPARATION ALLOWANCE PER SECTION 510.2 Z FD Floor Drain FF Finish Floor L� DOOR (TABLE SO4) (5)STORIES&85'-0' FOR TYPE IIIA CONSTRUCTION (PER SECTION 504.3) DEFERRED SUBMITTAL RETAIL EV Reaill EV Garage 8'-6'X10'-0' 1 FG Finish Grade FH Fire Hytlrant O WINDOW AUTOMATIC SPRINKLER 50.2) 1 FIE! Fire Hose Cabinet FL Floor ® SMOKE DETECTOR FOS Face of Stud TORYA (SECTION ALLOWABLE ARFA (SECTION 506) ALLOWABLE AREA PER STORY Aa (SECTION ION 3 EQUATION S2) REFER TO FRONTAGE INRE4gE CA -CS (SECTION 506.3) — — RETAIL STANDARD Raaill Gemge B'-6'X10'-0' 49 49 FOW Face of Wall( Finish)® FAN NOTE: R-2IS iHOUR FT FDotor Feet FX Fire Exgnguisher ® FLUORESCENT LIGHTING OCCUPANCYSEPARATION R-2/A NOT REQUIRED (TABLE 508.3.3) R-2I8-2 1HOUR — RETAILIGUEST VAN EV Retaill VAN EV Gerega 9'-0"X18'-0'2 1 GYP Gypsum Board CEILING RECESSED GEN General S11 2 NOTREQUIRED Grentl tMe1: 53 53 HT Hei9M 0 INCANDESCENT LIGHTING HVALWOC Air CWALL MOUNTED ondkoning R-2l M 1 HOUR Alb-2 NOT REQUIRED MECH Mechht enjoagllConcretO INCANDESCE MIT LIGHTING 460 UNIT TYPE SCHEDULE MTL Metal CEILING MOUNTED NG NOW.' Grade PARKING SPACE SHEET ITLE. UNIT TYPE COUNT HTS Not TO SDDIe H TELEPHONE OUTLET NO OC On Center PL Property Une N COMPUTER DATA OUTLET PROPOSED UNIT PROJECT Im, 76 RD Foof OraIn 16-. 3, INFORMATION RED'D Required ® TELEVISION/CABLE OUTLET RM Room 1B-03 18 16-04 9 SUBMITTAL LOG SCH Schedule g, THREE-WAY SWITCH ,8-05 5 SF Square Feet SKI- shi 18-OB 5 4I22/M22 ,00%DDSUBMITTAL SM Smilar S SINGLE -POLE SWITCH SPEC So6C5Cet0n CEILING MOUNTED iL-01-Ipwe 11 2B-01 28 SPEC0 TC Top Of Curb JUNCTION BOX 51 QD32 25% CD 1st PLAN CHECK SUBMITTAL 26-02 10 TG Top Of Grade OUTLETWl.RCUND-FAULT TOP Top of PROS CRC 28-03 5 TW TT�yoyppp OF Wall W Close[ 9 DUPLFJCNQ Wes' LECTeJ,I o Water WO Wpotl A "HALF-lFl7.f''101UTVLET (Ju WIC Walk In Closet Ci1 33 - 2 11/21/2023 H EST. ST-02 16 SPLIT -WIRED RECEPTACLE .G1.01 Grond rotor: NO 280 GENERAL SHEETS .G1.01 PROJECT INFORMATION .G1.02 SHEET INDEX .G3.01 FLOOR AREA ANALYSIS CALCS .G3.02 FLOOR AREA ANALYSIS CALLS .G1.12 ACCESSIBILITY DETAILS .G1.13 ACCESSIBILITY DETAILS .G1.15 RESIDENTIALACCESS. DETAIL G2AS CALIFORNIA GBSC .G2.11 CALIFORNIA GBSC .G2.20 ACOUSTIC REPORT .G3.04 EXITING DIAGRAM .G3.U5 EXITING DIAGRAM .G3.06 EXITING DIAGRAM .G3.0I EXITING DIAGRAM C-1 TITLE SHEET C-2 INDEX MAP C3 SITE DETAILS Cd PRECISE GRADING PLAN C5 PRECISE GRADING PLAN Cb PRECISE GRADING PLAN C-] PRECISE GRADING PLAN CA STORM DRAIN DETAILS C-9 STORM DRAIN DETAILS C-10 STORM DRAIN PLAN C-11 STORM DRAIN RUN C-12 STORM DRAIN PLAN C-13 STORM DRAIN PLAN 01.1 WET UTILITY PLANS CU-1 TITLE SHEET CU-2 SEWERDETAIL CUb SEWERPUN C- WATER PLAN ARCHITECTURESHEETS SITE PLAN FLOOR PLAN LEVEL 9 FLOOR PLAN LEVEL 1 FLOOR PLAN LEVEL 2 FLOOR PLAN LEVEL 3 FLOOR PLAN LEVEL 4 FLOOR PLAN LEVEL 5 FLOOR PLAN LEVEL 6 FLOOR PLAN LEVEL ] FLOOR PLAN MA2L LOWER ROOF FLOOR PLAN UPPER RIDGE LEVEL I SLAB PLAN LEVEL 3 SLAB PLAN FLOOR PLAN LEVEL B SEGMENT PLAN 1 FLOOR PLAN LEVEL B SEGMENT PLAN 2 FLOOR PLAN LEVEL B SEGMENT PLAN 3 FLOOR RUN LEVEL B SEGMENT PLAN 4 EL" PLAN LEVEL SEGMENT FLOOR PLAN LEVEL I SEGMENT 2 FLOOR PLAN LEVEL i SEGMENT 3 FLOOR PLAN LEVEL i SEGMENT FLOOR PLAN LEVEL 2 SEGMENT 1 FLOOR PLAN LEVEL 2 SEGMENT 2 FLOOR PLAN LEVEL 2 SEGMENT 3 FLOOR PLAN LEVEL 2 SEGMENT 4 FLOOR PLAN LEVEL 3 SEGMENT 1 FLOOR PLAN LEVEL 3 SEGMENT FLOOR PLAN LEVEL 3 SEGMENT 3 FLOOR PLAN LEVEL 3 SEGMENT FLOOR PLAN LEVEL 4 SEGMENT 1 FLOOR PLAN LEVEL 4 SEGMENT 2 FLOOR PLAN LEVEL 4 SEGMENT FLOOR PLAN LEVEL 4 SEGMENT 4 FLOOR PLAN LEVEL 5 SEGMENT 1 FLOOR PLAN LEVEL 5 SEGMENT FLOOR PLAN LEVEL 5 SEGMENT 3 FLOOR PLAN LEVEL 5 SEGMENT 4 FLOOR PLAN LEVEL 6 SEGMENT 1 FLOOR PLAN LEVEL 6 SEGMENT 2 FLOOR PLAN LEVEL 6 SEGMENT 3 FLOOR PLAN LEVEL 6 SEGMENT 4 FLOOR PLAN LEVEL ] SEGMENT 1 FLOOR PLAN LEVEL] SEGMENT FLOOR PLAN LEVEL ] SEGMENT 3 FLOOR PLAN LEVEL ] SEGMENT 4 FLOOR PLAN ME UPPER ROOF SEGMENT FLOOR PLAN ME UPPER ROOF SEGMENT FLOOR RUN ME22J UPPER ROOF SEGMENT 3 FLOOR PLAN -UPPER ROOF SEGMENT 4 REFLECTED CEILING PLAN LEVEL 1 REFLECTED CEILING PLAN LEVEL 2 REFLECTED CEILING PLAN LEVEL 3 REFLECTED CEILING PLAN LEVEL 4 REFLECTED CEILING PLAN LEVEL 5 REFLECTED CEILING PLAN LEVELS REFLECTED CEILING PLAN LEVEL ] EXTERIOR ELEVATIONS EXTERIOR ELEVAITONS COURT YARD ELEVATIONS BUILDING SECTIONS WALL SECTIONS WALL SECTIONS GRAND STAIR SECTIONS ENLARGED BRIDGE PLANS ENLARGED POOL AND SPA LEASING OFFICE ENLARGED PLAN/ RCP CLUBROOM FITNESS ROOM LEVEL 3 YOGA ROOM LEVEL ROOF LOUNGE LEVEL ENLARGED UNIT PLANS ENLARGED UNIT PLANS ENU GEDI UNIT PLANS ENIARGEO UNIT PLANS ENLARGED UNIT PLANS ENLARGED UNIT PLANS ENLARGED CORE STAIR AND ELEVATOR PLANS ENLARGED STAIR PLAN ENLARGED STAIR PLAN ENLARGED STAIR PLAN STAIR SECTIONS STAIR AND ELEVATOR SECTION STAIR AND ELEVATOR SECTION BUILDING STAIR PLANS DOOR SCHEDULE WINDOW SCHEDULE :TO EFRONTSCHEOULES STOREFRONT SCHEDULES CONSTRUCTION ASSEMBLIES FLRICEIUNG & ROOFASSEMBUES METAL & CONCRETE FRAMED WALLASSEMBLIES GARAGE & GENERAL PARKING DETAILS GARAGE & GENERAL PARKING DETAILS WOOD FRAMED WALL ASSEMBLIES WOOD CONNECTION DETAILS TRASH CHUTE ASSEMBLY DEMISING & FIRE WALL ASSEMBLIES STAIR DETAIL ELEVATOR DETAIL PENETRATION ASSEMBLIES PENETRATION ASSEMBLIES FIRE PROOFING DETAILS ROOF DETAILS, DRAINS, SCUPPERS DOOR DETAILS STRUCTURAL 00 GENERAL SN1 GENERAL NOTES SN1 STRUCTURALSPECIFICATIONS SN1 SPECIAL INSPECTION 01 SLAB PLANS 5200 LEVELB FOUNDATION PLAN S201 LEVEL I SLAB PLAN S2.HA LEVEL I SUS (NORTH I SOUTH) REBAR PLAN 52.01.2 LEVEL I SUB (EAST I WEST) REBAR PLAN S2.02 LEVEL 2 SLA LAB RUN 5202.1 LEVEL25LA5(NORTH ISOM)RESARPLAN 52022 LEVEL25LAS (EAST I WEST) REBAR PLAN S203 LEVEL 3 PODIUM SLAB PLAN 5203A LEVEL 3 PODIUM(NORTH I SOUTH( REBAR PLAN S2.032 LEVEL 3 SODIUM (EAST I WEST( REBAR PLAN 02 DETAILS SC1.0 STRUCTURAL DETAILS SC2.0 STRUCTURAL DETAILS SC2.1 STRUCTURAL DETAILS SC3.D STRUCTURAL DETAILS SC3.1 STRUCTURAL DETAILS SC4.0 STRUCTURAL DETAILS SC4.1 STRUCTURAL DETAILS SC4.2 STRUCTURAL DETAILS SCS.D STRUCTURAL DETAILS SCSA STRUCTURAL DETAILS SC5.2 STRUCTURAL DETAILS SC6.D STRUCTURAL DETAILS SC8.1 STRUCTURAL DETAILS SC9.0 STRUCTURAL DETAILS 02_SUPERSTRUCTURE FRAMING PLANS 52.33H LEVEL 3 HARDWARE PLACEMENT PUN -SEGMENT I S2.34.H LEVEL 3 HARDWARE PLACEMENT RUN -SEGMENT2 S235H LEVEL 3 HARDWARE PLACEMENT PUN -SEGMENT 3 S236H LEVEL 3 HARDWARE PLACEMENT RUN-SEGMENT4 82.33 LEVEL4 FLOOR FRAMING PLAN-SEGMENTI S2.34 LEVEL 4 FLOOR FRAMING PUN -SEGMENT2 52.35 L 4 FLOOR FRAMING PIN - SEGMENT 3 523E LEVEL 4 FLOOR FRAMING PUN - SEGMENT 4 S23] LEVEL 5 FLOOR FRAMING PUN-SEGMENTI 82.38 LEVEL 5 FLOOR FRAMING RUN - SEGMENT 2 S2.39 LEVEL 5 FLOOR FRAMING PUN - SEGMENT 3 S240 LEVEL 5 FLOOR FRAMING PUN - SEGMENT 4 S2A1 LEVEL 6 FLOOR FRAMING PUN - SEGMENT I S242 LEVEL 6 FLOOR FRAMING PUN - SEGMENT 2 S2.43 LEVEL 6 FLOOR FRAMING PUN - SEGMENT 3 S244 LEVEL 6 FLOOR FRAMING PUN -SEGMENT4 S245 LEVEL] FLOOR FRAMING PLAN - SEGMENTI S2.46 LEVEL] FLOOR FRAMING PUN - SEGMENT 2 S247 LEVEL] FLOOR FRAMING PUN - SEGMENT 3 S248 LEVEL]FLOOR FRAMINGPLAN-SEGMENT4 S2A9 LEVELLOFORDOFFRAMINGPUN-SEGMENTI S250 LEVELLOFTAR FFRAMINGPLAN-SEGMENT2 S251 LEVELLOFTIROOFFRAMINGPLAN-SEGMENT3 S2 LEVEL LOF74ROOF FRAMING PLAN -SEGMENT 4 S2.53 LEVELHIGHROOFFRAMINGPUN-SEGMENTI US4 LEVELHIGHROOFFRAMINGPLAN-SEGMENT2 5265 LEVELHIGH ROOF FRAMING PUN -SEGMENT3 525E LEVEL HIGH ROOF FRAMING PUN - SEGMENT 4 OB AMENITIES S5.11 ENLARGED AMENITYS FLOOR FRAMING PLAN S5.13 LOUNGEFRAMINGPLA S5A4 ENLARGED BRIDGE FLOOR FRAMING PLAN 07_UNIT PLANS SiE ENLARGED UNIT FLOOR FRAMING PLAN S5 21 ENLARGED UNIT FLUOR FRAMING PLAN S5 22 ENLARGED UNIT FLOOR FRAMING PLAN S523 ENLARGED UNIT FLOOR FRAMING PLAN S5.25 ENLARGED UNIT FLOOR FRAMING PLAN S5.26 ENLARGED UNIT FLOOR FRAMING PLAN 10_SUPERSTRUCTURE DETAILS SW .1 STRUCTURAL DETAILS SW STRUCTURAL DETAILS SW .3 STRUCTURAL DETAILS SWIS STRUCTURAL DETAILS SW2.0 STRUCTURAL DETAILS SW .1 STRUCTURAL DETAILS SW3.0 STRUCTURAL DETAILS SW4.0 STRUCTURAL DETAILS SW5.0 STRUCTURAL DETAILS SW6.0 STRUCTURAL DETAILS SW61 STRUCTURAL DETAILS SW8.0 STRUCTURAL DETAILS SW9.0 STRUCTURAL DETAILS MECHANICAL MUD GENERAL NOTES, LEGENDS & SYMBOLS M0.02 EQUIPMENT SCHEDULE M0.03 EQVIPMENTSCHEDULE M2.00 OVERALL PLAN -LEVELB M2.00A LEVELB-SEGMENTA M2.00B LEVELB - SEGMENTS M2.01 OVERALL PLAN - LEVEL I M2.OtA LEVELI - SEGMENTA M2.01B LEVELI - SEGMENTB M2.02 OVERALL PLAN -LEVELS M2.02A LEVEL2-SEGMENTA M2.02B LEVEL 2- SEGMENT B. M2.03 OVERALL PLAN - LEVEL 3 M2.04 OVERALL PLAN - LEVEL 4 M2.05 OVER-PUN-LEVEL-5 M2.06 OVERALL PLAN - LEVEL 6 M2.0] OVERALL PLAN - LEVEL] M2.08 OVERALL PLAN - LOFT LEVEL M2.09 OVERALL PLAN -ROOF LEVEL M0.1 UNIT PLANS M432 UNIT PLANS M433 UNIT PLANS M,Q UNIT PLANS M43.5 UNITPLANS MC2,01 OVERALL PLAN - LEVELI- COMPOSITE MC2.02 OVERALL PLAN - LEVEL 2- COMPOSITE MC2.03 OVERALL PLAN - LEVEL 3-COMPOSITE MC2.04 OVERALL PLAN - LEVEL 4-COMPOSITE MC2.05 OVERALL PLAN -LEVEL 5- COMPOSITE MC2,06 OVERALL PLAN -LEVEL 6-COMPOSITE MC2.0] OVERALL PLAN - LEVEL] - COMPOSITE MC2.0S OVERALL PLAN - LOFT LEVEL - COMPOSITE MDT DETAIL MD.2 DETAIL ELECTRICAL E0.01 SYMBOLS,ABBREVIATIONSAND INDEX ED.02 GENERAL AND FIRE ALARM NOTES E003 LOADCALCUUTIONS ED.04 SINGLE LINE DIAGRAMS E0.05 SINGLE LINE DIAGRAMS E0.06 SINGLE LINE DIAGRAMS ED.O] ONITPANEL& LIGHT FIXTURE SCHEDULES EO.08 PANELSCHEDULES BUS PANELSCHEDULES ED.10 PANEL SCHEDULES E1.00 SITE PUN -OVERALL E1.00A SITE PLAN SEGMENT A Et OOB SITE PUN -SEGMENT a E1.000 SITE PLAN-SEGMENTC SHOW SITE PLAN -SEGMENTG E2.00 LEVELB -OVERALL E2.00A LEVEL B-SEGMENTA E2UDB LEVEL B-SEGMENTB E2.000 LEVEL B-SEGMENTC E2.00D LEVELB -SEGMENTD E2.01 LEVELI-OVERALL E2.01A LEVELI-SEGMENTA E2.01B LEVEL-SEGMENTB E2.01C LEVELI-SEGMENTC E3.01D LEVEL 1-SEGMENT D E202 LEVEL 2-OVERALL U_ LEVEL 2- SEGMENT A E202B LEVEL 2-SEGMENTB E2.02C LEVEL 2-SEGMENTC E2.02D LEVEL 2-SEGMENTD E203 LEVEL3-OVERALL U.- LEVEL3- SEGMENT A E203B LEVEL3-SEGMENTB SM. LEVEL3-SEGMENTC E2.03ID LEVEL3- SEGMENT D E204 LEVEL4-OVERALL E2.04A LEVEL4-SEGMENTA E204B LEVEL 4- SEGMENT B E2.O4C LEVEL 4- SEGMENT C E2.040 LEVEL 4- SEGMENT D E205 LEVEL 5-OVERALL U.054 LEVEL5-SEGMENTA E2058 LEVEL5- SEGMENT B E2.05C LEVEL 5-6EGMENTC E2 S. LEVEL5-SEGMENTD E206 LEVEL 6-OVERALL E2.O6A LEVEL6-SEGMENTA E2068 LE - SEGMENTB E206C LEVEL 6-SEGMENTC E2.06D LEVEL6-SEGMENTO E207 LEVEL] -OVERALL E2.OIA LEVEL]-SEGMENTA E2.0IB LEVELI-SEGMENTB E2.OIC LEVEL ]-6EGMENTC E2.0ID LEVELI- SEGMENTD E208 LOWER ROOF -OVERALL U.S. LOWERROOF-SEGMENTA E208B LOWER ROOF-SEGMENTB E2.0BC LOWER ROOF - SEGMENT C E2.08D LOWER ROOF-SEGMENTD E2.08 UPPER ROOF -OVERALL E2.09A UPPER ROOF-SEGMENTA E.09B UPPER ROOF -SEGMENTB E2.090 UPPER ROOF -SEGMENT C E2.09D UPPER ROOF - BEG MENT D E3.01 ENLARGED PLANS E3.02 ENU GEDPUNS E3.03 ENU GEDPUNS E5.20 UNIT PLANE E5.21 UNIT PLANS E522 UNIT PLANS E5.23 UNIT PLANS E5.24 UNIT PLANS ED.01 DETAILS ED.02 DETAILS PLUMBING P-00.1 ABBREVIATIONS & LEGENDS P-00.2 GENERAL NOTES P-00.3 SIZING TABLES & CALCULATIONS P-00.4 CALCULATIONS P-00.5 CALCULATIONS P4O.6 EQUIPMENT SCHEDULES P-01.1 SITE PLAN P-11.0 OVERALL PLAN-LEVELB P-11.1 OVERALL PLAN - LEVEL I P-11.2 OVERALL RUN -LEVEL 2 P-11.3 OVERALL RUN -LEVEL 3 11.4 OVERALL PUN -LEVEL 4 11.5 OVERALL PUN -LEVEL 5 P-11.6 OVERALL PUN -LEVEL 6 P-11.I OVERALL PLAN - LEVEL ] P-11.8 OVERALL PLAN -MELLOWER RIDGE P-11.9 OVERALL PUN UPPER ROOF P-01.1 ENLARGED PLANS P-01.2 ENLARGED PLANS P41.3 ENLARGED PLANS P43.1 UNIT PLANS P-03.2 UNRPLANS P43.3 UNRPLANS P-03.4 ON R PLANS P435 UNIT PLANS P-R0.1 RISER DIAGRAMS P-R0.2 RISER DIAGRAMS P420.3 RISER DIAGRAMS P-R0.4 RISER DIAGRAMS P-R0.5 RISER DIAGRAMS P- 6 RISER DIAGRAMS P-D.1 DETAILS P-D0.2 DETAILS P-00.3 DETAILS P-D04 DETAILS P-DOS DETAILS P-006 DETAILS LANDSCAPE LT-1 LeMeca Tide S6ee1 LC-1.1 Levell Lc .1 Leven LC1.1 Leven LG1.3 Level3 LC-2.3 Level3 DO Level3 LC-1.I Level] LC4 LANDSCAPE DETAILS LCb. LANDSCAPE DETAILS LCb LANDSCAPE DETAILS LG] LANDSCAPE DETAILS LCb LANDSCAPE DETAILS LC-9 LANDSCAPE DETAILS LC-10 LANDSCAPE DETAILS LIP-1.1 LEVEL IIRRIG. PENETRATION PLAN LIP-1.3 LEVEL 3 IRRIG. PENETRATION PLAN LIP-1.7 LEVEL T IRRIG. PENETRATION PLAN LIP-2.1 LEVEL I IRRIG. PENETRATION PLAN LIP-2.3 LEVEL 3IRRIG. PENETRATION PLAN LIP-3.1 LEVEL I IRRIG. PENETRATION PLAN L1 LEVEL I LANDSCAPE IRRIGATION PLAN LI-13 LEVEL 3 LANDSCAPE IRRIGATION PLAN U-1.I LEVEL ] LANDSCAPE IRRIGATION PLAN LI-2.1 LEVEL i LANDSCAPE IRRIGATION PLAN U-2.3 LEVEL 3 LANDSCAPE IRRIGATION PLAN U-3A LEVEL i LANDSCAPE IRRIGATION PLAN 1I-3 3 LEVEL 3 LANDSCAPE IRRIGATION PLAN L14 LANDSCAPE IRRIGATION DETAILS LTP-1.1 LEVEL 1 LANDSCAPE TREE PLANTING PLAN LTP-2.1 LEVEL 1 LANDSCAPE TREE PLANTING PLAN LTP-3.1 LEVEL 1 LANDSCAPE TREE PLANTING PW4 LTP-1.3 LEVEL 3 LANDSCAPE TREE PLANTING PLAN LTP-2.3 LEVEL 3 LANDSCAPE TREE PLANTING PLPN LT .3 LEVEL 3 LANDSCAPE TREE PLANTING PLAN LTP-1.I LEVEL I LANDSCAPE TREE PLANTING PLAN LSPT 1 LEVEL 1 LANDSCAPE SHRUB PLANTING PLAN LSP-2.1 LEVEL 1 LANDSCAPE SHRUB PLANTING PLAN LSP-3.1 LEVEL 1 LANDSCAPE SHRUB PUNTING PLAN LSP-3.3 LEVEL 1 LANDSCAPE SHRUB PLANTING PLAN LSP-1.7 LEVEL ] LANDSCAPE SHRUB PLANTING PLAN LPA LANDSCAPE PLANTING DETAILS LSF-2.1 LEVEL 1 LANDSCAPE SITE FURNISHINGS PLAN LSE-0.1 LEVEL 1 LANDSCAPE SITE FURNISHINGS PLAN LSF-1.3 LEVEL 3 LANDSCAPE SITE FURNISHINGS PLAN LSF-2.3 LEVEL 3 LANDSCAPE SITE FURNISHINGS PLAN LSF-3.3 LEVEL 3 LANDSCAPE SITE FURNISHINGS PLAN LSF-i.I LEVEL ] LANDSCAPE SITE FURNISHINGS PLAN LSF4 LANDSCAPE SITE FURNISHINGS DETAILS 9 TULE -T INDEX City Cou 33 - 11 /21 /2023 G 1.02 z .0 og� ma ry P-1- z u- -T-T-T Q/ ---------- COMMUNICATION & FIRE T N ' g z T40''l --- ----- PROTECTION DEVICES "M ­E= LE— roEx.s uaE _ 1. 11 'T. 7. ACCESSIBLE TOILET PLAN & .. ;mx ELEVATION 6 g � ro _' k�� ­P­ __­T. �17 �� To.axaTM �,��_ ­El­El.-ED­ REACH REQUIREMENTS U" T I-E-T— _N'TrUl "U" STAIRS & HANDRAIL DETAILS c T_ -X-E -E LEl=VT2E. E . . . I-R F=4EM. ­ITlrM ­­T 4-V 'A �-AT­­ = T, =R E3 X.� =,T,=T==._ ­-°wMxwoE WHENMOR IX�PEI WIT- PW Z" R. BID ACCESSIBLE SHOWER PLAN & D MOUNTING HEIGHTS FOR ELEVATION RESTROOM ACCESSORIES =A` T 1xro°ry °xaNT­ IB- MER V.- =.NZIG T ­­X­ TT_pE 7F DOOR A FRAME, IR -111 WHERE OCCURS !j�": F T'imxD e__R1 11 MC�H,:A�4L�A�PATLF_�7�4­ OIMLNCI,�_ D� 1- VIEWER Pjs. = -1. DEADLOCK OR JOF DOOR BHO, PUSH PLATE A.ArvV -------- ACCESSIBILM EOF DOOR PULL DETAILS _N X—T -RCL- I -ES- GRIP AND OF T-11- AT-T. PUSH-PULL BAR ­C0­T0C­F­ R..T._._ �OF LEVER HANDLE, LATCH AND CROSS BAR ------ ON FIRE EAT DEVICE ACC PI AN P E EVATJ(AN GENERAL DOOR REQUIREMENTS GENERAL RAMP REQUIREMENTS �2T HARDWARE (Council 116' 23 GHEET1 . G1.12 z FLOOR LANDING NUMBERS OF BOTH SIDES OF JAMB HALL LANTERN CALL BUTTON B _ a NUMERAL HEIGHT B 30 AO MAIN ENTRY FLOOR f0 20 H�Wp DOOR CLOSE QOvaQ DOOR OPEN O LL a EMERGENCY ALARM O O p 0 EMERGENCY STOP a NOTE: AUTOMATIC DOOR REOPENING DEVICE IS ACTIVATED IF AN OBJECT PASSE THROUGH EITHER LINE I:iiU"HN ITx� ELEVATOR CONTROL PANEL ,'B I V ELEVATOR FLOOR IDENTIFICATION SIGNS i` C€ lk w RaivOs HOi c ,�RAx (BI SECTION (A) PIN ACCESSIBLE SINK PLAN &SECTION 1n• — 1 THRU 2 NO ROOF ACCESS oll IT RO TE w — I areas TACTILE EXIT ROUTE SIGN 3• 1%G•• ACCESSIBLE SYMBOL ,n•=ra J 8 o s 3z rc8 'aS 0-5 z aeTE.—D Esnroran Q 3 vrxr anrxcr Z w a ACCESSIBLE PATH OF TRAVEL 4 T E' o°Eox.-Ex rroai �J HIGH / LOW DRINKING FOUNTAIN VEHICLE WARNING SIGNS 4) FLOOR IDENTIFICATION SIGNS I L EXIT MAXIMUM w Da,�E.°> CUPANCY STAIR PARKING molsxx°,� 76 d LY DOWN "` OrOR Rx MINIMUM BRAILLE. VW THICK MATTE ACRYLIC FINE ER50 .wxa°sawlxixc�,s. 'a'"`rR vnxucccci°� s. nauoraxr scxtslxxor °----------' SIGN. COLOR TO BE BEIGE we"wmxE vexeuaaaeu STANDARD BLACK vaavw mnu r LETTERGRAPHICS EXIT STAIR DOWN �rD r °rrxr x BID- B^=,•-D^ I I ACCESSIBLE PARKING STALL ROOM MAX OCCUPANCY SIGN SBGNAGE 1 THRU 2 NO ROOF ACCESS 2 �� D snEEr mLE. g XIT 9 ACCESSIBILITY STAIR 1 iJmT.gnsMn $ x�DD DETAILS City WtfflEjtROOM SIGNAGE FLOOR IDENTIFICATIa&tGN9L JJ TACTILE EXIT SIGN 11 /21 /2023 G1.13 l= 1�:1 ■rir TYPICAL PICTOGRAMS is 8C+4! uY5 F- fff n 81T,p BEry EN.L9CR FaH&IBS © IaNESlg6d • ••� i€r€irx.Nces LEVEL CHANGE ,8 cewxc rae ��vawn.c rxws o m a KEYNOTES d� ceso[wrroN der,aa iU �,rRr,n + Q B dx p O Tr . ur.cax Q � NOTES ACCESSIABLE KITCHEN i ""R"— --- �ue gY;A f rmwria. r.[>wmoB deuwBrxaB "CCEWI'L S5IBILRY NOTE$FOR W/Ei¢d ou4liMIG UMTs � y xw �"� y � MNu wwl IlDLFnF.4Y4L[ON k ffi � �f� 3 ��AECgwE[� nr,e uiMn0rR41Mu�bwx tnUeen [¢tre LdtRiION dRErrtdi6 fd! 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Pee�n..tl a..aaraeaaw tlwown.a.wb. e.w+ef%Nw�wl.n lve�baa.n�b.ewd W.e.l.. ^v^^s.e.+rm w� Ali, ce u�w °�aCLIV mmwexlm ndwnnen b.r.ra SECTION 301 MIXED OCCUPANCY BUILDINGS 30LINaXEDCCCl/PAWCY SaILDNGS-n.m.eerw. Bernd'. w" .xemaer.....w�w..�.r,.a,re�....�a.fwn .�mwa. Er...en IO�yw �[w ar avw.W ncquNe�W'Nwwbtwvp.a.l i� FWr.�r tvtrwMaM�..M waprvwe�w�WM1bSryN w.b/n�l DIVISION d.1 PLANNING AND DESIGN �tlb�.ewair.9.aaw.�9r4h afar ,��lPe...elw.�.,�+vf-+0*�•.• w �Pr CHAPTER d RESIDENTIAL MANDATORY MEASURES SECT ON A�102 DEFINITIONS *s iw.,y w•-. w. o✓.we. rMw' x r� w. w,a.e.+w•.,v .'s. acwex.a xs�rox w..w.p..re. 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S.S Imrswlrode Lameleabl w eM.bJuwer RYl . qdb W4lN e.Rl.m x�+wNaerK�C ra tllSwMWw wnF,M1. axelvwMlan4, pgwee.mnala ;a amM Wsvn'nmlgrlrrrl pone 6 rerwoe Vn+IF.a p.•xrrn w W .al wln by MUMtlwlarylM qve rawY. r'tl r.w Wp+er sa,rcn erRx.^ marem Iti uurxr City Council 33 4A W'Y'rl rw.YlWwnynr wt.+Ml'larnaypr.4r —II 11 /21 /2023 z w N o� 9 I.G2.20 Building Area Le ® AREA A ® GARAGE Building Area ® AMENITIES ■ AREA A . GARAGE RETAIL City Council AM�e,LD�J,Sv4eMeMe4LmnAY2x0,9,.Mey�� A�.M ME EE3MMI 13MI t�®C:��F,3�C��IDC�©MAWLMER ROOF I AREA SCHEDULE(TYPE I AREA CALL ALLOWABLE AREA CALCS FLOOR OCCUPAN ALLOY FLOOR AREANAME LEVEL AREA CYTYPE CONSTRUCTIONTYPE AREA -- e 277504 SF Intl (Dial 213711 SF PER CBC 2019 508.2.3 SINGLE -OCCUPANCY, MULTISTORY BUILDINGS. ED ATION 5.2 As -[ At,(NS X If)( X Sa AB = ( 2Q000 . (24,000 X 0) I X Se=4S,000 SO. FT ACCESSORY USE CALCS STORAGE REQUIREMENT PER SANTA ANA MINICIPLE CODE SEC. 41.2T2-STORAGE SPACE STORAGE SPACE SHALL BE AT LEAST 250 CUBIC FEET IN SIZE AND SHALL HAVE MINIMUM DIMENSIONS OF 4 FEET BY 8 FEET. 4'X8'XPFLRTO CLG H.T.=288C.U. PER UNIT -C.U. 4' X 8' X 280 UNITS = 8,320 S0. FT. MIN, 15,868 S0. FT. PROVIDED ALLOWED II�i��.��I,I�1�1111�I� Wl�rtl �ril� �11 III II ILl1�,T i ��I I ���� ��� milli i�ll 111 111 lllilll lulls � �I f—ir����111111111111.111111'll: ��� ��N��lo I_�iill ���1111111111111111'll. I I�', o son son 0 MEN on ■ 'Q; -- — 29 LEVEL B )R AREA _YSIS G3.01 9- - Afea Schedule (TAG gross bWg) LVL 1 253 ODC.13 = 85 Occupant OCCUPANT LOAD OCC. Loetl Facia Oacup OCCUPANT LOAD 85OCC. EGRESSWIDTH REQUIRED: 85x.2=1T• Larel Neme TYPE Aree (O.LF.) envy Laetl Z - iR S60CC. PROVIDED: 36" LEVEL( LEASING B 1543 SF iW Qom EGRESS WIDTH REQUIRED:85 x.2=1T' PROVIDED: 36" LEVEL 1 MAIINARCEL B B:2 fidb SF 300 3 19 a Q and V� 82'> 1 G DIAGONAL DISTANCE - LEVEL( REFAJL OLi RETAIL M M 21445E 60 42485E 60 38 ]t a Wit f M:2 LEVELi LNFJWORK R-2 4fi695F 2. 10] 24 STOR T GE%84 R-2:1 LEVEL i STAIR 3 S-2 184 SF 200 20 1 5TRIP 84 SF T_ 588 $F STAIR dONER�% 252 SF _ _31dd BF e - LEVELI GARAGE S-2 45]99 2. IF — "g.' � � I LEVEL i LOBBY S-2 599 SF 200 3 JAN DISTANCE _ _ -_- -- 1795F 13 O1AGONAL 032)'>1 _ o • `=2r zwz zw z.. w wzw��r�vz-i �.......... _ - LEVEL( STAIR LEVEL STAIR B-2 S-2 22]SF NO 418 SF NO 2 3 8 m __-TRAVELDISTANCE=1T]' TRAVEL DISTANCE =163',• LEVEL GARAGE- SECURED S-2 7019 SF 20U SO 5 kk ♦z __ �° F^ o 0 0 0 0 0 z L6SBV 599 9i Si LI�EM'ORK d 6�SF 4 'y b� LEVEL 1 JAN S-2 LEVEL( STOR S-2 LEVEL( TRASH S-2 LEVEL STOR S-2 LEVEL( ELEV MECH B-2 179 OF 300 ]655F 300 5595E 300 5865F 300 5]SF 300 1 3 2 2 1 rc$ 3 z LL n� �$ _a'$Sm �i o 65 JF `o 0 0 ° GARAGE = LEVEL( TRASH S-2 ]54 SF 300 3 Q F- OAS 45]99 SF TRASH - - ♦ I - LEVEL 1 ELEC. S-2 814 SF 300 3 o v` OqG o o 559:5 ONg4 ♦ �E♦♦�♦♦�'�Sj♦♦F♦♦ ♦♦♦♦♦'3�P♦♦♦ LEASING 5 LEVEL 1 MPOE LEVEL 1 FIRE PUMP LEVEL INVERTER S-2 S-2 S-2 29] SF 3W 19] SF 300 338 SF 300 1 1 2 O ' qQ0 gIyGF TRAVELDISTANCE 290 • e .I__ _ �1 1543 SF LEVEL( ELEC. LEVELI STOR S-2 S-2 ]22 SF 300 124 SF 300 3 1 O - SOS a2 to ♦ ILIPARCE I,. LEVELI FAN ROOM S-2 469 SF 3. 2 Z —IgNCF I FAN ROOM STOR (GARAGE-SECUREDO 64s SF OAF 5-2: 20 Gra1M 1OW1: 25 301 9 u. 469 OF RETAIL 1215E o 0 o e 91 ♦T11VE1 DISTANCE 281��-` ♦ ^ ]019 SF D'sTANCE=�'� w... TRASH o4-SFo ��N� OS C - J ELEC. ELEC. ]SASE `g& u TU3OIAGDNAL ]22 SF 6145E Y — DISTANCE 1 _^ ELEV MECH STAIR 1 OCCUPANT LOAD 1 STAIR24 INVERTER FIRE PUMP MPOE ,' 57SF 227SF 85 OCC. ccs e 416 SF 338 SF 197SF 297SF STAIR WIDTH OCCUPANT LOAD REQUIRED'. 85x.3=25.5• 85 OCC. - PROVIDED AV STAIR WIDTH ---_ EGRESS WIDTHej _ _ _ _ REQUIRED: N. S= 25.5" _ _ _ _ _ _ REQUIRED: 85 x.2=1T' PROVIDED: dB" EGRESS WIDTH14�? REOUIRED:85 x.2 =1]' PROVIDED: 36' PROVIDED: 86" LEVEL 1 EXITING DIAGRAM 1" = 3p•n• 2 Area SC,.uW (TAG gross Ndg) LVL B OCCUPANT LOAD CWIpenY OCCUPANT LOAD 85 OCC. STAIRWIDTH REQUIRED: M x.3=255" 85 OCC. STAIRWIDTH REQUIRED: 85 x.3=25.5' PROVIDED:48' EGRESSWIDTH REQUIRED: 85x.2=HP Lev& Nenk LEVEL GARAGE- SECURED Loetl Oaup OCC. Factor enry TYPE Ares (O.LF.) Load S2 W726 NO 304 BF PROVIDED: dB' EGRESSWIDTH REQUIRED: 85x.2=11' PROVIDED'. 36" PROVIDED: 36' _ - - - - LEVEL STAIR3 LEVEL SHOP LEVEL RESTROOM LEVEL LOBBY B LEVELSTAIR, S2 S-2 S2 S-2 S-2 226SF 200 544 SF 200 108 SF 200 124SF 200 219 SF 200 2 3 1 1 2 STAIR-2 TRAVEL DISTANCE =,]4' TRAVELDISTANCE=174' LEVELB BTAIR4 LEVELB LOBBY S2 S2 2525F 200 1]]BF 200 2 , 2265F BTAIR4 STOR I LEVELS STOP S2 209 SF 300 1 252 SF _ o 2955F LEVELS STOR LEVELB STOR LEVELB ELEVMECH 52 12 S2 271 SF 300 ,]]SF 300 1005F 300 1 1 1 STGR X I 209 SF o 0 0 0 / STOR ,ba�M`zzzzzzzzzzzzzzz.............. .iM = -� •LOBBY LEVELB FAN ROOM LEVELB STOR S2 651 EF NO F 300 3 3 215F / LEVEL STAIR2 F 300 2 1]]SY/ a$� LEVELB STOR F 300 1 RESTROGM 085E d TRAVELDISTANCE=211' LEVELB STOP LEVELB STOR STOP E_21'17 F 300 F 300 F 10. 3 2 1 Sd4SF 9566E o �`(Oo u Tp = LEVELB STOR LEVELB STOR F .0 SF 300 1'ACp 4 LEVELB MR5E 300 1 STOR �`4 //// 1 S-2: 22 341 T�OMMON PATH OF 64 SF v EL=]0' ELEV �'C� ♦ : ♦ • `• • • GARAGE "'RE • • • � sE TRAVEL ISIFLAN—K — o o T0.PV �L.1-2 100 SF 01i I( 60]26 SF STO♦♦ 1 11 SF_ v I r FAN ROOM 651 SF 424i SF// o 0 0 o u`~dam o e _ I ./ ♦♦♦ ,_.. o o-elr�-�"lyo-ye, �I o e o -�' STOR ��� 575 SF I ♦'� o �. SHEET nTLE. EXITING sTGR oeCr ]43SF Cl... a a a a a OCCUPANT LOAD preRa<L aAppNgLalaTN,�a •►►►►►Acc[ssleL[vAm amA�T.L ----- +O ouNONAL. orrc[ DIAGRAM OCCUPANT LOAD MR1 85 OCC. 219 SF STAIR WIDTH • ► ► ► vRlwtarv]aAv[LDIs)orca 86 OCC. STAIR 2 STOR STAIRWIDTH 416 SF ,3]SF REQUIRED: BS x.3=25.5' PROVIDED: 48" ,8RRglmwuL LZT4 REQUIRED: e6 x.3=258" 'L EGRESS WIDTH • D D coNNorvvgreoa*BAWL PROVIDED: 40' _ _ EGRESS WIDTH --- REQUIRED: 85x.2=,T' PROVIDED: 36' x8RRglan wqu b REQUIRED: 59x.2=17.2' PROVIDED: 36' City Council 33 — 31 R N 11 /211/2023 LEVEL B EXITING DIAGRAM 10 EXITING PLAN LEGEND 1„16'=1•4- G3.04 T 3 Area SWadub (TAG gross Mdg) LVL 3 Ocwpant Iced OauD OCCUPANT LOAD I — DO OCC. Factor Level Name TYPE ency O om STAIRWIDTH REQUIRED: 133x.3=39.9' OCCUPANT LOAD 133 DEC, LEVEL3 POOL A-3 M58F 50 LEVELS IRA A-3 1406E 50 12 3 rc N Ju o O & ¢ PROVIDED48' : STAIRWIDTH LEVELS SEATING A-3 2048E 15 1] Q and V� EGRESSWIDTH REQUIRED: 133x.3=399' LEVELS SEATING A-3 2026F 15 14 Wit REDO IRED: 133 x.2=26.fi' PROVIDED: 3fi' STAIR3 TRAVEL DISTANCE=200' - - PROVIDED: 40" —EGRESS WIDTH REQUIRED: 133x.2=26.6' PR0VIDED:36" LEVEL3 SEATING 13 3846E 115 LEVELS SEATING A-3 0558E 15 LEVELS SEATING A-3 24fi IF 15 31 1] ¢ =mz 928E STOR TRAVEL DISTANCE=225' 886E �� BT IRd TRASH LEVEL3 SEATING A-3 161 BE 15 LEVEL3 RBQAREA A-3 4365E 15 11 30 19 SF SO SF LEVEL3 POOL DECK A-3 19936E 15 LEVEL3 OPEN A-3 25355E 15 1 1.]0 COURTYARD 1° (PUBLIC) AREA 5 { AREA ] 62656E 1141IF -'A- A-3: 11 LEVEL3 CLUBROOM A-3 10415E 15 489 ]0 $ ♦ �,3 LEVEL3 FITNESS A-3 689SF 50 0 H�RR��H R♦�HE FH•J„ STOR LEVEL3 RE6TR00M A-3 3506E D 3 i ♦4aa AREA aaI`l d�L�aa ` AREAS AREAS STOR 69756F fi4805F 60 BE 63' TRAVEL DISTANCE =Qfp=pz LEVEL3 AREA4 RI 52836E 20027 LEVEL3 AREAS RI 62655F 200 LEVEL3 AREA El 6975 BE 200 32 35 a wAsm U(7 dui 52836E ♦ w 9496E �\ ♦ •\ LEVEL3 AREA] R-2 ]5416F 200 LEVEL3 11 fi4803F 200 AREAS R 38 33 ¢Faomam ♦ LEVEL 3 AREA 1 RI 6149 SF SOD 31 � EATIN aOPEN COURTYARD LEVEL3 AREA R-2 5537SF 200 28 rv—I' ei'SF PU! BLIG1 OCCUPANT LOAD ♦ LEVEL3 AREAS R-2 ]83fi SF 200 00 ' POOL DEC ♦ ♦.aaw�R eF �e B.a R a 25355E ♦ 19 IF 1]O 0CC. EGRESS WIDTH LEVEL3 STAIR2 R-2 266SF 20D 2 aVf SEATING 436 A S TI EATIN S O� aaa• 455 IF FR� -� REQUIRED. 17O 1.3=51" PROVIDED: 13'-9" LEVELS STAIR R4 928E 200 LEVEL3 STAIR4 R-2 192 SF 200 1 1 'y O �� ♦ Ni(OtST,yN LEVEL3 STAIRI RI 92 SF 20D 1 STOR LU 00 \ S LEVEL3 CORRIDOR RI 9005E 20D 5 z )I6 • Y a R-2:13 274 a <SE L= FITN 56 AREA 'D�,e.�cE,q` B— ` \ LEVEL3 6T0R B-2 9496E 300 _ 2 88 4 STOR IF. ♦ Y - �6ON SF � . ` 6149 5E SPA DryIS ��\ LEVEl3 TRASH S-2 SO SF 300 1 NOR 41 SF a as as as a •♦ } aaa aaaaa 3T4� . : ♦ ♦♦• NCF ., AREA gREp2 i♦ ♦E TRAVEL DISTANCE =B0' LEVEL 3 STOR B-2 41 BE 30D LEVEL3 STOR 8-2 28 BE 300 LEVEL3 STOP S-2 391 SF 300 1 1 2 •4 STAIR2 783 F . 553]SF �♦ RESTROOM• _ry LEVEL3 ST0R B-2 SD BE 300 1 2668E 3508E - LEVEL3 STOP 8-2 18 SF 300 LEVEL3 TRASH S4 54 SF S. 1 1 ry ^s TRASH STOP STOR STAR IOCCUPANT LOAD LEVEL3 BTOR B-2 435E BOB 1 OCCUPANT LOAD CORRIDOR ]6 SF 505E 035E 928E 940SF 134 GCC. STAIR WIDTI 52: 10 Gm"H total: 3] 14 B38 ccs taeyJ 133 OCC. REQUIRED: 134x.3=40.2' DIAGONAL DISTANCE=92'-0' PROVIDED: 48" 4TRAVEL STAIRWIDTH REQUIRED: 133 x.3=39.9" OCCUPANT LOAD �- TRAVEL DISTANCE JEGRESS WIDTH MTAL OCCUPANTS )INDOOR-373.86 I50%COURTYARD PRIVATE)) =458 w PROVIDED: 60' EGRESSWIDTH _ _ _ _ 1340CC. STAIRWIDTH DISTANCE=156' POOL AREA -A3 _ _ REQUIRED: IN- 2B.B" PROVIDED: 36' TOTAL EXITS PROVIDED =4 MCCUPAM LOAD PER STAIR =464/4 REQUIRED: 133 x.2=26BE REQUIRED: 134x3=402' 15OCC.P0OuSPA 133 ODD. P00L DECK •115 PR0VIDE0:3fi" PROVIDED: 48" 30 OCC. BBQ AREA TOTAL 0CCU-1B(0UIDOOR)=3T9 11�j EGRESS WIDTH TOTAL: 178 OCC. 2-288 EGRESS WIDTH LEVEL 3 EXITING DIAGRAM rZ PROVIDED: 31E REQUIRED:1]Bx.2=31AF 1"=30'-17 PROVIDED: 36" Area BC,e (TAG grass NdSI LVL2 76 OCC, MLOAD ]6OCC. Occupant Land Oau0 STAIRWIDTH OWE Factor Lacy REQUIRED:]6x.3=22.8" PROVIDED: IF Level Name TYPE Af� (O.LF.) Load OCCUPANT LOAD 76 OCC. EGRESSWIDTH LEVEL2 LIVEAYORK R-2 124W SF 1200 113 STAIRWIDTH TRAVEL DISTANCE=159' REQUIRED:]6x.2=15Y' R-21 13 REQUIRED:]fi x.3=22.8' PROVIDED: 48" COMMON PATH OF TRAVEL PROVIDED: 36' LEVEL2 GARAGE- B-2 5208] 20D SECURED SF 265 EGRESS WIDTH TRAVEL DISTANCE =1]5' _ _ LEVEL2 STAIR4 S-2 440SF 200 3 REQUIRED: ]fi x.2=15.2' PROVIDED; TRAVEL Oi6TANCE=184'� LEVEL2 STAIRI B-2 815E 200 LEVEL STAIR2 8-2 416 SF 200 1 3 BTAIR3-' �� LEVEL2 STAIR S-2 53 SF 200 LEVEL2 LOBBY S-2 1508E 200 1 1 538E STAIR4 � - 44D IF ,,�� �� I LEVELS STOR S-2 .1 BE 3. LEVEL2 6T0R 6-2 .1 BE 300 2 4 LEVEL 2 JAN 8-2 ]] SF 30D 1 LEVEL2 STOR S-2 BUSF NO 3 GAS SUS METER 434 SF LEVEL WATER S-2 207fiF 30D HEATER 1 vZ (• LEVEL2 STOR S2 393SF 300 2 TO . a as a a a aaaaa �♦H �♦� ♦� �H� P LOBBY ♦ LEVEL2 STOR S-2 2456E 30C LEVEL2 STIR 8-2 2918F 300 1 1 ]i BF _ 1606E ° ° ° ° ♦ i 0R K LEVEL2 GAS S-2 4926E 300 LEVEL2 STOR 00 LEVEL2 STIR 00 2 1LIVE StOR 249 LEVEL2 STOR SOD 3 Z12' Lj�6IF.) LEVEL2 GA98UB 00 2 II• METERTRAVEL DISTANCE=124' LEVEL2 STOR SOD 1 L2 STOR 00 2 a Y 8-2:21 3D1 I 3� 0000000000O0�oo o.c�• I Grand rotal: 22 314 GAINGE-6ECU°REC10 R4<<I� I ISTOR 528078F AOh ) 11 ♦I I 1248E ;n L-I.I ° v ° ° °�2 p�STgN/9A,- ♦ �� — I ••a a a r a aaaa aaa aaaaa T :Tq\ I _ i T• SHEET TITLE. 1 ° ° ° o o EXITING I0925 OCCUPANT LOAD D.—ON-1—MOD •►►►►► ACO-BLE OAT4 oFTRAWL DIAGRAM ' - LAN 6TAIR1 y WATER HEATER S 0R STAIR2 76OCC. STAIRWIDTH ----- +noaaouuds]oNCF • ► ► ► FR MarvmA�EL015]orcE 1 STOR Q& STIR $IQB p]BF ]]BF 815E SF 416 SF 291 SF 393SF 2455E 3016E RE0N RED: 76 x.3 PROVIDED: 41 I ---------- OCCUPANT LOAD ----� EGRESSWIDTH REQUIRED:]bx.2=15.2" PROVIDED: SE xNRNAren wnu • p p COMMON PAIN OFTOAWL b ]60CC. STAIRWIDTH PIED: 7Bx.3=22 PROVIDED :48' \/ It Council r 33 — 32 N6�YNx 11 /211/2023 EETC EGRESSWIDTH PROVIDED: T6x?=,5.r PROVIDED'. 3fi' LEVEL 2 EXITING DIAGRAM 1 EXITING PLAN LEGEND G 3.05 1' = 30'-1Y I 1)16' =1.4E . Area Schedule (TAG gOO, MOO LVL 5 ocwPam OCCUPANTLAAD OCCUPANTLOAD ]S OCC. OCC. Faclar OUlganq STOIC. DTHD:75 STAIRWIDTH Level Name TYPE AreSTAIa (O.LF.) Loetl - IS RED IF RE0UIRED:]5 x.3=22.5' PR0VIOE0: 48' RE IED:]Sx 3=225' PROIDED:48' V LEVELS AREA4 R-2 LEVELS AREAS R-2 52835E 200 62655E NO 27 32 w IS om EGRESSWIDTH EGRESSWIDTH LEVELS AREAfi R-2 69]5 SF 200 35 a Q and u V 'd PRED ROVIDED: ]S x.2=15' PROVIDED WE TRAVEL DISTANCE=208' PRED ROVIDED:]5 x.2=15' PROVIDED 3fi' LEVELS AREA] R-2 ]54, SF 38 Wit a - _ LEVELS AREAS R-2 NO 33 =oz � LEVELS AREA1 R-2 K30SF NO 8230 GF 200 42 STAIR3 LEVELS AREA2 R-2 6478 SF 200 33 925E STOR TRAVEL DISTANCE=225' LEVELS AREAS R-2 ]836SF NO 40 68 SF STAIR 4 192 SF LEVELS STAIR2 R-2 LEVELS STAIR3 R-2 NIS SF NO 925E NO �92 2 1 ke. LEVELS STAIR4 R-2 LEVELS STAIR R-2 1925F NO BE NO 1 1 r AREA] - R 212 285 ^k AREAS 62655F : J5415F EVELS STOR S-2 LEVELS MR S-2 949 SF NO 88SF NO 4 1 8 • ` LEVELS TRASH 12 305E NO 1 0 5 •.a as as a{.a F•F FE FF I. . FF F F F F F F F F F FF • FFF _ LEVELS STORA S-2 GE 41 SF NO 1 3w pg y • LEVELS OF S2 2B SF 300 1 a� '`� AREAS AREAS LEVELS STOR S2 391 SF NO 2 c OP STOP` • 69]5 SF 6a80 SF LEVELS STORA S-2 GE 60SF NO 1 'gsm m SREA4 S3 2SF SF LEVELS STORA S2 ]6 OF NO i Q=rc�az ¢F-vowaa —.. _,. GE "EH� �� TRASH STOMGE LEVELS TRASH S2 54 SE NO , 3>g SO SF SO SF LEVELS STORA S2 7—NO 1 04 GE A O (O]S> TRAVEL DISTANCE=60' S-2: 10 14 a 0/gNCF� Greatl,o 122 299 3 sTAR \ 4>B 2 I" L 28 SF STORAGE • aaaa as aaa� STARAOE • e • F • .,e ]3SF 3230 SF ` • • ILL;. i AA•••. 41SF AREAS AREA2 • • • ' TRAVEL DISTANCE=SU STAIR 2 'I 2665E- > 36 SF A : 64]9 SF STAIR I 92 SF OCCUPANT LOAD TRASH STOS�CE� OCCUPANT LOAD 75 OCC. 59 SF ]6 SF 5 OCC. 3'e•cGxw° STAIRWIDTH HORIZONTAL EXIT STAIRWIDTH REQUIRED :76 x.3=225' STAND PIPES WITH IN IOU OF REQUIRE0,75 x.3=22.5" PROVIDED: aB' -----_ EACH SIDE PER PR0VIAEA:48' EGRESSWIDTH _ -- - CBC SECTION —EXCEPTION - EGRESS WIDTH REQUIRED: 75 x.2 =15' TRAVEL DISTANCE=10T TRAVEL DISTANCE 209 REQUIRED: 761.2 =15' PROVIDED: 36" PROVIDED: 36" LEVEL 5 EXITING DIAGRAM 2 1'=30-0 Area SC-11(TAG 9msa bWg) LVL 4 OCCUPANT LOAD OCCUPANT LOAD OCC. DoCMId Lid FB,Cr ,BR 78 OCC. STAIRWIDTH ]e 0CC STAIRWIDTH LevN Name TYPE Area (O.L.F.) -d REQUIRED ]8 x.3 = 23.4" PROVIDED:40' REQUIRED:]8 x.3 =23A- PROVIDED: 48" LEVEL4 YOCA AJJUL OF 15 23 EGRESS WIDTH EGRESSWIDTH A-3:1 23 REQUIRED: 78 x.2=1SV PROVIDED: N' TRAVEL DISTANCE=208' REQUIRED:]Bx.2=15A- PROVIDED: 36" LEVEL4 AREA4 R-2 LEVEL4 AREAS R-2 I33F .0 6265 SF 200 27 32 - --' LEVEL4 AREAS R-2 W75SF NO 35 STAIR3 LEVEL4 AREA] R-2 LEVEL4 AREAS R-2 ]541 SF.0 6480SF NO 38 33 92 SF STOR TRAVEL DISTANCE=225' LEVEL4 AREA1 R-2 6008SF NO 31 88SF STAIR4 LEVEL4 AREA2 R-2 61]BSF 40 33 192 SF LEVEL4 AREA R-2 LEVEL4 STAIR2 R-2 7836 SF NO NO SF 200 40 2 ' t + ;� fi LEVEL4 STAIR3 R-2 LEVEL4 STAIR4 R-2 925E 200 1925E 1 1 • AREAS - x 7641 SF - "+- e r LEVEL4 STAIRI R-2 R-212 .0 925E Z00 1 274 • ` `82655F - _ a + LEVEL4 STOR S2 949 SF .0 4 •. a a a a s a ra L a " ... ..' "' LEVEL4 ET0R S2 LEVEL 4 RASH S-2 88SF NO 50 SF NO i i Orervn. Y.\ '.. • LEVEL4 STOR S2 LEVEL4 OF S2 41 SF .0 28 SF 1 1 CAxketl. eooem AREA4 t� r I A 6 •i 4` 8 1 95SF _�,. 6488005E • • LEVEL4 STOR S2 LEVEL4 STOR S-2 300 391 SF .0 605E NO 2 I ' I ;-5283' _ ..� F yq•yy LEVEL4 STAR S2 76 SF i I \\ LEVEL4 TRASH S2 .0 54 SF 1 CD AFT TMSH (4 SO SF - STOR SO SF S2 LEVEL4 MECH. LEVEL4 MECH. S2 .0 235E NO 2853E 300 , i 0�\0A/g2 52: 11 15 p2S T2 TRAVEL DISTANCE=' Grmitl,otel: 24 312 • STOR - "Cj J �.�ETH Q I]� NI SF �xS EA B18F J — 285E STOR ; t a F••e• .6; 73SF • • •'� SHEET TITLE'. 41SF AREA 3 • � AREA 2 � � TRAVEL DISTANCE =SO' EXITING STAR-2 NO SF 28365E 4285E YOGA TSAIRI ������ orFFALL rnAaexnLOlnAxca •►►►►► ACCUCIBLE—TFAC- DIAGRAM OCCUPANT LOAD ,.- 341 SF STAR 925E ---_— • , OW vnlwtarvmnvELolnorc[ 78 OCC. -� F ]65F OCCUPANT LOAD B OCC. tnR OAlen wuL STAIRWIDTH HORIZONTAL EXIT STAND PIPES WITH I STAIRWIDTH IN 1000F • 1coNNon PATn oFTBAWL REQUIRED:)0x.3=234"'— PROVIDED: 48" EACH SIDE PER REQUIRED:]0 x.3=23.4" PROVIDED: 48" xnenAlan wnu EGRESSWIDTH _ _ _ _ CBC SECTION 905.4 EXCEPTION EGRESSWIDTH 0 REQUIRED: ]B x.2=15.6" PROVIDED: 38" L'� City Council _ RJ� gVIDED:36'33 LLL®LLLL� R � 11 /211/2023 BIAEET. LEVEL 4 EXITING DIAGRAM EXITING PLAN LEGEND Area SchM,I, (TAG gross bdg) LVL 7 B .Occupant OCCUPANT LOAD OCCUPANT LOAD O E Loatl Occupant Level 68 OCC. fib- 24(LOUNGE FIXED Nema TYPE .Area FecWr Loatl SEATING)OCC=92 OCC. STAIRWIDTH LEVEL] SOUTH B 49 STAIRWIDTH TERRACE REQUIRED. 68 x.3=20A• REQUIRED: 92 x.3=27.6' LEVEL] NORTH B 24 PROVIDED:48' PROVIDED: 48" TERRACE EGRESS WIDTH REQUIRED: 68. 8:2 REQUIRED- 92 x .2 =18.4' REQUIRED: 68 x.2=13.6' Grantl Iotal:2 PROVIDED IS' � � PROVIDED, STAIR4 LEVEL] AREA4 R2 52835E 200 27 TRAVEL DISTANCE=206 192 SF LEVEL] AREA R-2 62655F MO 32 / LEVEL] AREA6 R-2 69755F 200 35 3TAIR3 -- --TRAVEL DISTANCE=MS / LEVEL] AREA] R-2 7541 IF 200 38 4 LEVEL] AREAS R-2 52408F 200 27 92SF LEVEL] AREAS R-2 E78F MO 40 - TRAVEL DISTANCE=83' LEVEL] AREA R-2 V6478F 200 33 *- LEVEL] AREA R-2 4728E 200 24 AREA AREA ` NORTHTERRACE LEVEL] STAR 4 R-2 192 IF 200 1 AREA4 �fi2fi5 IF 75415F ECKAREA MFIX ♦� . yi<< < W/FIXED SEATING LEVEL] STAIRS R-2 928E 200 i 5283R- 5E 2 2fifi SF 200 2 V<<< << ••. •••. r•••r••••••.• •••• "'- 310CC LEVEL] STAIR2 AREAS • LEVEL] STAIR( R 2 - 92SF 200 1 5240 IF ♦ R-2: 12 261 5 OR G ` NORTH TERRACE LEVEL] STORAGE S2 949 SF 300 d 1 ♦♦A � 1 \ 9495E 464SF OL,2„ T6R3 SF N TRAVEL OtSTANCE =]2' p �07y. OVERALLDIAGONAL G'm(Mal'. 19 272 DISTANCE =76 5 SOURI TERRACE I STAIR2 391 k AREA2 ` �� - 1669 DECK AREA WIFIXED 1 SHEATHING =112 OCC 266 SF • - .♦\aP TOTAL OCCUPANTS =405 ♦ 6478 IF Y STORAGE - T ".� r °j i° II•i REQUIRED22,4'T WIDTH: TOTALEXITREQUIRR =2 « i••••• ti 735E -1A1 GO IN; AS - •• 112V2-224' OCCUPANT LOAD PER STAIR=111 PROVIDED • < < < < < < 1• • • • •' 4702SE, eG. 211&SF - I• TRAVEL DISTANCE =5g OF -. 288F ♦ ... ...__- _ STOMGE AREA.3 7836 F STAIR 1 41 IF - - 92SF TRASH OCCUPANT LOAD 65 SF OCCUPANT LOAD fib OCD. 81 68+49 (LOUNGE FIXED SEATING) OCC =117 OCC. STAIRWIDTH--------------� STAIRWIDTH REQUIRED: 60 x .3 = 2(1.4" _ _ _ _ _ _ _ _ _ _ REQUIRED:11]x 3=35.1' PROVIDED: 48- ` PROVIDED: 48" REGRESSEDOR WIDTH TRAVEL DISTANCE=10T TRAVEL DISTANCE 209 HORIZONI EXIT STAND PIPES WITH IN 100'OF REQUIRED I 1117x.2=23.4' PROVIIDED: 68 x.2 =13.6" PROVIDED:38" EAC SIDE PER PROVIDED:36" SECTION CBC SECTION 905.4 EXCEPTION Area Schetlale (TAG gross Ndg) LVL 6 OCCUPANT LOAD w�urnnl w ]fi OCC. >60CC. OCC. Far STAIRWIDTH STAIR WIDTH Level Name TYPE Area (O.L REQUIRED 7; 1.3= 22 0' REUIRED'.76 x.3 PROVIDED: 48' PROVIDED: 40" LEVELfi AREA4 R-2 52033F 2. EGRESS EGRESS WIDTH LEVELfi AREAS III 62fi5SF 2W REGOREDD 7 REQUIRED: lR ..2 1ST LEVEL AREA RI 69758F 200 PROVI: 36 x.2=15.2" : OVIDED:38" TRAVEL DISTANCE=208' PROVIDED36" LEVELS AREA] R-2 7541 SF 200 - ' LEVEL 6 AREAS R-2 fia80 SF 200 STAIR 3 LEVEL 6 AREA 1 R-2 8812 IF 201 LEVELfi AREA RI -I IF 200 92SF STOR TRAVEL DISTANCE=226 EL6AFEAS R 7836 $F 200 NSF STAIR4 LEVEL6 STAIR2 R-2 2665E 200 1925E - LEVELfi STAIRS R-2 92SF 200 LEVEL STAIR R-2 192 IF 20C LEVEL fi STAIR I RI 92 IF 2-. j AREA ] 1 R-2:12 'I ♦ j1 1141 SF y, LEVEL STOR S-2 949 IF 300 AREA 5 } ( - LEVEL 6 STOR S-2 88 EF 300 S265 IF # • • • • • • • • • • • • • ...... • . LEVEL 6 TRASH S-2 41 IF 300 y ♦• < < < < < < w _ LEVEL GEOPH S-2 41 IF 300 LEVEL IDF S-2 28 SF 300 ♦ AREA AREA8 LEVELS STOR S-2 3915F 300 AREA4 STOR ` 64805E LEVEL6 STOM S-2 605F 300 6s75 SF 5283 SF 940 SF • Q. R LEVEL 6 STORA S-2 78 IF 300 TRASH STORAGE LEVELfi TRASH S-2 515E 300 O'N 50SF WSF LEVEL6 STOR S-2 73 SF 300 10 TRAVEL DISTANCE=72' Grantl-1: 22 STOP A OF�T.R` 288E ••••• STORAGE << <a1 • - �C♦ I 41 IF • •i • • • r ♦ TRAVEL DISTANCE = BP ♦ AREA2 ••Y . �«< � TS AIR2 1AREAS 6478 IF2fiS IF 7836 SF ,� 92 IF OCCUPANT LOAD 1 I60CC. T� IN 546E —RAGE 76SF OCCUPANTLOAD 6 OCC. STAIR WIDTH HORQONTAL EXIT STAND PIPES WITH IN 100 OF STAIR WIDTH REOUIRED:)fi x 3 =22.8' PROVIDED :48' EACH SIDE PER _ _ _ CBC SECTION 905.4 EXCEPTION OIED:76 x.3= 22.8' PROVIDED _J PR: dB' EGRESS WIDTH EGRESS WIDTH REQUIRED:76x.2=15.2- PROVIDED: SE' City Council 'V{fj11}1QOl{lE0D'34 LEVEL 6 EXITING DIAGRAM Aub4eskOwsJl8v0e Ane Me6lmn ApemrznYY10101-61aGwn Nse.M 302 Area Legend AREA 1 z >r rc 0 �u AREA �AREA3 AREA 4 AREA 5 AREA 6 AREA 7 AREA 8 a OF o s 3(f ¢$ ❑ NORTH TERRACE _ SOUTH TERRACE a ism STAIR I ❑ STAIR 2 ❑ STAIR 3 ❑ STAIR 4 ❑ STORAGE Z TRASH p ►,►►, EXITING -_' oWRA�k oIAaoN.LOIsr.NCa • oEaalakE OA,H OF7RAUEL DIAGRAM tngAeoNu iANCE • ► , ► H6MarvmAYELDIeioNCE z aaanianw u • D D coNMONPA*a oE,aAWk 0 OL®IOL� Ha N. 11 /211/2023 EE<a EXITING PLAN LEGEND G3.07 illfi'=1'-0' I� _STATE FUND DRIVE 12 14, 14.(15 HYDRANT 4 Y GREASE INTERCEPTOR) TO — T TO REMAIN -J S OPERTY-LIVE _ —I _ \ I IJ I r—� vooNM.50E z w N om EEEasxcE crvicgrvolpHONavE U < V� D.Ts.oa STEwOax, ry L RN a w �: a a xEH:�MAKErvTRNNEswaI�R 11R11"o1'eVNp' _T.aS'DR.UPRE'Ij_ w R P He o a s GENERAL NOTES °3z ps z IIRI—FROM =R1EENTL1=:o`1H ITIFT„� <a e.uLn'AL�siOLLsnaEloENTIfIEOPb REiu'REFERio FLOORFLPHs. SITE ACCESSIBILITY NOTES ¢F�gyso N Esx To K�DE' UNNEry EswmlaovES DL. To oRcxEwTm Txnry 6%. vaovI..suvnEseT�rvT z KEY NOTES (D c SYMBOL DESCRIPTION 1 STREETCURB-SEECMLPIAN 2 NEW CURB CUT FOR DRNEWAY ENTRY _BEE CIVIL PLANS .' 3 WATER METERS- SEE CIVIL PLANS AND PLUMBING PLANS 4 GAS METER- SEE PLUMBING PLANS 5 ELECTRICAL SWITCHGEAR -SEE ELECTRICAL DWG'S., PROVIDE HIGH CONC, PAD WHEN LOCATED @ EXTERIOR OF BUILDING. 6 TRANSFORMERIELECTRICAL VAULT- SEE ELECTRICAL PLANS DETECTOR CHECK FDC, PROVIDE I"CONDUIT TO BUILDING FIRE SPRINKLER RISER 8 PLY., PROVIDE V CONDUITTO BUILDING FIRE SPRINKLER RISER -SEE CIVIL PLANS o taeyJe 9 SACKFLOW PREVENTOR(S)- SEE CIVIL PLANS w W 16 SEWER LINE- SEE PLUMBING PLANS 11 IRRIGATION METER 12 FUTURESTANDPIPE(CLASSTLOCATION-SEEFIRESPRINKLER 1o¢'Ts SYSTEM DWG'S.(DEFERRED SUBMITTAL) 0 13 ELEVATOR WITH THE STRETCHER REQUIREMENTS OF Y BUILDING CODE30 . PROVIDE 90 MINUTE FIRE RATED DOOR. PROVIDE STAR OF LIFE SIGNAGE. Q 14 DRAINAGEDEVICE- SEE CIVIL AND PLUMBING PLANS d 15 EXISTING FIRE HYDRANT - SEE CIVIL PLANS 16 PROPOSED NEW FIRE HYDRANT - SEE CIVIL PLANS Q it ELECTRICAL PANEL J 18 TELEPHONE TERMINAL BACKBOARD = 19 A'-0'HIGH CMU WALL WITH STUCCO FINISH, MEASURE FROM of FINISHEDGRADE. REPAIR ANY DAMAGE WHERE OCCURS. 1:0 20 NEW DRIVEWAY APPROACH PER CITY STANDARD -SEE CIVIL Q PLANS 21 CENTRALMAILBOXES CENTRAL MAILBOXES 22 CONCRETE WALKWAY CENTRALMAILBOXES 23 6'CONCRETE CURB 24 LONG-TERM BIKE RACK IN LOCKABLE BIKE STORAGE ROOM 25 SHORT-TERM BIKE RACK 26 SOLLARC(S) 27 WHEEL STOP 28 PARKING STRIPING 29 HANDICAP ACCESSIBLE PARKING SPACE(S) 30 BUILDING LINE ABOVE 31 HANDICAP ACCESSIBLE PARKING SPACE FOR RESIDENTIAL UNIT 2% SLOPE MAX IN ANY DIRECTION 32 VAN ACCESSIBLE PARKING SPACE FOR GUEST PARKING SPACE 2% SLOPE MAX IN ANY DIRECTION KEEP MIN. 8 2' CLR HEADROOM 33 GUEST PARKING ONLr SIGN 34 INTERNATIONAL SYMBOL OF ACCESSIBILITY SIGN- INDICATE THE DIRECTION TO ACCESSIBLE BUILDING ENTRANCES 36 ELECTRIC CHARGING STATION FOR FUEL-EFFICIENTVEHICLES BI 36 HARDSCAPFJPAVING 37 DECORATIVE SCREEN WALL 38 DECORATIVE STAMPED CONCRETE 39 THICKEN CONCRETE SUB 40 MONUMENT SIGN (N.AP., UNDER SEPARATE PERMIT) - 41 ACCESSIBLE RAMP AND DETECTABLE WARNING WHERE - REQUIRED, SEE CIVIL PLANS 42 6FT. HT. METAL FENCE NAP., UNDER SEPARATE PERMM _ 43 DECORATIVE BOLLARDS WITH LIGHT _ 44 EV CHARGING STATION 46 PEDESTRLW GATE- LEVER TYPE DOOR HANDLE 46 ELEVATOR BACKUP POWER SYSTEM (NAP., UNDER SEPARATE PERMIT) 47 S FT. HT FENCE WALL WITH SMOOTH STUCCO FINISH - PROVIDE VISUAL SCREENING FOR GAS METERS 48 1 FIRE LANE- NO PARKING FIRE LANE MARK ON CURB SNEET TITLE. 49 IHOSE BIBB- SEE PLUMBING PLANS 1. SEE CIVIL PUNS FOR GRADING INFORMATION SITE PLAN 2. SEE LANDSCAPE PLANS FOR LANDSCAPE INFORMATION. SITE PLAN LEGEND �O . wsTIGLUPGa.oERa wNoowl000R City Council 33' — 35 SITE PLAN --— — — — RaEx� I IA1.00 GENERAL NOTES b I I II —---4--1 I I I I I I I GARAGE AIRWAY — i i II I i0 I I I I I - i =:-i I I L� ® a®aw � T.T.TIT.— Amoo - I I —rt— — --�_�_ _�_ —�€uvI— PEP bmE11 I; Ihad I I I I I I I I I I I I I I I \ I I I I I I I I I I I I I I I 1 I City Council 33 — 36 LEVEL B I KEY NOTES (D I I1P ' O.L. MAX. SPACING FIRE BLOCK MATERML it SHALL BE MINERAL FIBER, MINERAL WOOL, GLASS MATCH LIN MATLH LINE i 10 I H`JI I THE ENTIRE SPAN IG SHALL BE OF ... STUDS FOR FOR WALLS UP TO q.p �v0I FINISH FLOOR ELEVATION SPOT ELEVATION AT SLOPED FLOOR SURFACE MOUNTED FIRE E%TINGUISHER CABINET. REFER TO DETAILS XX SHEET A-X%% BEE. RECESSED FIRE EXTINGUISHERCABINET REFER TO DETAILS XSHEET SYMBOL DESCRIPTION DETAIL CONCRETE WALL ® CMU WALL 3 HR. RATED WALLPARTY WALL 141A1.31 ® 2 HR, RATED SHAFT WALL ]/A].31 ® IN RATED PARTY WALL 101A] 31 1 HR. RATED CORRIDOR WALL 3IA7.31 a L44 TITLE )R PLAN _L B � LAYER GYP. BD. ON EACH SIDE GENERAL NOTES z w 0 o� I I I I I I I I I I I I I I I I n A--------�--1--1---- -�- £ ---i - F-t--'---- - -- A - -�- 1 _ KEYNOTES O 4 SYMBOL DESCRIPTION Detail .VJ L ELEVATOR PROVIDE 90 MINUTE FIRE RATED DOGR. y I r,siyf I� L 1 '= WITH THE STRETCHER REQUIREMENTS OF p BUILDING CODE30024 PROVIDE STANDBY 3 POWER(UNOER BEPARATE PERMIT)ERNIT)Z T r��+1 siaRa FUTURE STANDPIPEICLASS II LOCATION SEE HERA �- 2 13 FIRE SPRINKLER SYSTEM DWGS.(DEFERRED w zx° F SUBMITTAL) p �L I- L 3 LINE OF CANOPY ABOVE ------------ I - � J_I—_ _ °_I_—_ B 4 LINE OF SOFFRABOVE s R R a R s m R s B sx Nt A. R R I —I T ° L _ 11` IY °a 8 AND BPEC'S.UI3HER-SEE NOTE M.20N SHEET GIJ1 COOrT� 12-HR. RATED SHAFT-PROVIDE FIRE SPRINKLER AT ' 1 L TRASH CHUTE - I C ] ELECTRICALRELEPHONE 8 METAL RAILING SYSTEM 42"A.F.F. MIN. 9 TRASH CHUTES- PROVIDE 90 MIN. DOORS AND FIRE ssz cr IS DPRAFTIFIRESTOP: RINKLERS ONELAYER&WTYPE aP GYPSUM BOARD IH �I rT I �as' IJ FIREBLOCK: BOTH VERTICALANDHORIZONTALAT L v m m y s 18'-0" O.L. MAX. SPACING FIRE BLOCK MATERIAL - - - — - - - — A - s - I - - - - 11 SHALL BE MINERAL FIBER, MINERAL WOOL, GLASS - — - MIBER OR OTHER APPROVED ATERIALS.( 019 CBC SECTIONO]1021' ID r y R y R m l p m Rc r aJa R s 1 GYPSUM CONCRETE OVER STRUCTURAL PANEL °tOPj _• _ TH.— _• 12 SUB FLOOR STRUCTURALPANELFLOORDECKPER _ I�l 13 S° R a-x, R , R zy Rjs s R s E 14 WALLPENETRABON,SEEDETAILSONSHEETS _ i 1 15 FRAMING PER STRUCTURAL DRAWINGS 3HOURRATED FIRE WALL ASSEMBLY -SEE DETAIL F_ I wa a II I ° I 1 I I I 9 R 10 Ax.x J a T° MATCHxLINE WHEREROOFILEIUNG FRAMINGELEMENTSARE - Rls Ra S ATCHLINE 0 ] PERPENDICULAfi TO THE WALL, THE ENTIRE SPAN 'RTR� OFSUCH ROOFICEILING FRAMING SHALL BE OF orRce_ 1] 1-HOURFIRE-REF�INGANDEIC////O��NQQS��T[[R��UjjjC{{TION. THE M TCHO INE O I vlsrtaR �' N t� cwv,x[v NTIONE ALS BEABOVE EJIOURCDdRSRMCTICTJF(INI UIMG SHALL 0 I� z0 re Ir48R - M—HbLINE PROVIDE ASW CLIPS AT 10'4'0.C. VERTICALLY BETiessF ,ms . . WAI LNWOODFMMING AND H STUDSFOR 1-­T­1 e sruas ;;;iiLUETD T-- VERTICALLY BETWEEN W000 FRASCHE yae R g R I ���II E STUDS. TVP.M S �� �PoTTI_OF ROOFHEATHING x IRE RETPRDANTTREATEO PLYWOOD -REFER TO _-- _-- sRu5_RA SEAM, TYP BOTH 'SHERE RCOFI r.iy - — - -� - - B - - L x THE ENTIRE BRAN OF SUCH ROOFICEILING L I. a T. STEM, REFER TO I I' I IERIRTI $�14L�F'Rg96lfiY s ANRE D ELEMENIT@�AML-FRAMING I m JI I� Resmexiul I SI FT HE ABOVEM� R I zv IFAm SHPLLALSOB I�F ION�SIRUCTION MIN. N r W BID EINI LEVATION R SPOT ELEVATION AT SLOPED i FLOOR BOB BE MOUNTED FIRE EXTINGUISHER — os Ra m Ras R m Rax Ro, u 1 c,a cn CABINET. REFER TO DETAILS XX SHEET A-X.XX I cL LJRt LL V _. L RECESSED FIRE EXTINGUISHERCABINET N —, _ �_ ,L_ _ _I _ _ _ 1 — L — - _ — _ N REFER TO DETAILS%BHEET A-%.XX ° \ I J �01 m., v9,Imxx ,eTFVN axEGK R ET�NR . � I II I TRANSFORMER LINE OF LEVEL _T assx I SYMBOL DESCRIPTION DETAIL CONCRETE WALL sas sr ,°sz Al � I , O ® CMU WALL -4- TRANSFORMER 1 1. ----- T r 1 FLOOR PLAN STAB 3 HR. RATED WALICPARTY WALL IMATM LEVEL 1 IRQ I ; AIL----, IRCASE ONMI I \ SEPARATE PERMIT 6 2HR. RATED SHAFT WALL ]/A].31 1 ® 1 HR. RATED PARTY WALL 101A] 31 13 14 '14.4 15 16 17- -- 1 NR. RAiEOCORRI00RWALL 3/A].31 City Council 33 — 37 EEA INTERIOR WALLWI WOOD STUDWIONE LEVEL 1 LAYER GYP BID ON EACH SIDE =1-0 I A2.01 GENERAL NOTES z w N o� EIz 1 2 3 4 5 6 7 8 9 10 it 12 13 14 14.4 15 16 17 a N Mgr a��-ism a -o KEY NOTES O A svMsa DescRlPnoN Da1„11 yyI ELEVATOR -PROVIDE 90MINUTEFIRERATEDDOOR, ITCH REQ A I 2 r��l1 '=UILD WIING CODE 3-1,EROVI E TAHDB OF POWER(UNDER SEPARATE PERMIT)ANDBY Z ?> F=FE STANDPIPE(CIAS81) LOCATION - SEE NFPA _ _ 2 13FIRE.PRINKLERSYSTEMDWG'S.(DEFERREG _,r SUBMITTAL) C A 3 LINEOFCANOPYABOVE LINE OF SOFFIT ABOVE FIRE EXTINGUISHER- SEE NOTE M.2 ON SHEET GN-1 ' W a a° a na z NATLNEDCBPECS. aatn s 2-HR, RATED FOVDEFIRESPRINLERATsF CHUTE ETRICLEPHONE METALRAILINGSYSTEM6A.F.F. MIN. R TRASH CHUTES- PROVIDE 90MIN.DOOREANDFIRE SPRINKLERS 1 a 10 D.U. F� D P: ONE LAYER SIB' TYPE l 1 not n J wt.t 10'-T O.C. ALANDHORIZONTALAT " �ar SHALO.C. MINERAL FIBERF INFRARE WOOL, LAL 40 — — — — — 11 .HALL BE MINERAL FIBER, MINERAL WOOL, GLASS - aPs .tet - FIBER OR OTHER APPROVED NON -RIGID MATERIALS. (2DIS CBC SECTION 118.2) w l a sz a ss a n l o f 1 GYPS UM CONCRETE OVER STRUCTURAL PANEL 12 SUB FLOOR m aSTRUCTURAL PANEL FLOOR DECK PER \ / L Taw 13 STRUCTURAL ao R i 1 E WALL PENETRATION, SEE DETAILS ON SHEETS Rnu Rn nu anst rzn nss R.ts) qn IM qn�' xn t>o Rniz wt] R.t>a Pi _ 15 FRAMING PER STRUCTURAL DRAWINGS A. Os N I1 II s \\ m II SJ ifi 3HOUR RATED FIRE WALL ASBEMBLV-BEE DETAIL �` u F xa-ax2 _ L-----------� `T- a.tse anxe a-txt a-txs gtss 1111 1112 � ansx q-iss gees a�es MATCH LINE WHERE ROOFICEILING FRAMING ELEMENTS ARE tort $ N MATCHLINE — \\ I rT q-tw - q- st t — — set F PERPENDICULAR TO THE WALL, THE ENTIRE SPAN IF — • — — — — — — — — — — — T Lam— OF SUCH ROOFICEILING FRAMING SHALLBE OF ���f ������}------rt _____------- ♦ — — — — — — ��M��T� �������rt����� 17 1-HOURFIRE-RESISTIVECONSTRUCTION. THE FRAMING AND R Z ELEMENTS ECMENTTSTTHATSUUPPORT THE GHE ABOVE 10DpNUATkINLL N M�NM ITCH LINE ALSO BEI-H0U MATCH LINE ASW BETWEPROVIDENWO DFRAT RI'-0NDD.C. T' TUGS OR td-­_ — a a�es — WALLS UP T08.VAOHIMQiI9RAN. FOR WALL. UUP TO �\q ° 18 I,I-WHIGH S— — — � — — — — — — — — — — I H VERTICALLY BETWEEN WOOD FRAMING ANO'H" ^Iwt ae°x a-xm asm a-sos a-zx a.zot stq an 0 1 OB, TYP. M�9 UF� TTOM OF ROOF I sxgx _ E HEATHING "1, 4I — J x SANS R UCTTDRAANT TREATED PLYWDOD-REFER TO GE POINT /8Iff®4NL620U. BEAM, DOOR SOHEDI IF BOTH K 20 mes tFAV —� — 1 HERE ROOFIMRA _—_— --_ _ —_ _ __ L ERPEN RE A THEENTE1 SP $11 gF'�I ERTO kH L J I ' aunt T a- a-ss 11 s- IRE-RESSTV E�.RWLxFRAMING AND ELEMENT 6 x x.aa4_. _ ai°9 ®wee sx HE AS EM ���L SHALL ALBOB ONBTRUCTION MIN. �� I I sxvsw I J�� bbA FINIBHFLOORBID y _ — ��vYI ELEVATION T F—F — M SPOT ELEVATION AT SLOPED L s q e q t q Iv n q t L iiaxeAs' FLOOR J� } SORFACEMOUNTEDFIREEXTINGUISHER — CABINET. REFER TO DETAILS XX SHEET A-%X% 1 a to RE EBBED FIRE EXTINGUISHER CABINET REFER TO DETAILS%.HEFT snit 0 SYMBOL DESCRIPTION DETAIL I I I I I I I I I I I I I I CONCRETE WALL CMU WALL SH- w I w FLOOR PLAN z z 3 HR. RATED WALLIPARTY WALL 14IA7.31 LEVEL2 2HR. RATED SHAFT WALL 7/A7.31 I I I I I I I I I I I I I I I I 1� 2 3 4 5 6 7 8 9 10 11 12 13 14 ® 15 16 17 I HR. RATED PARTY WALL 101A] 31 1 1 NR. RATED CORRIDOR WALL 3/A].31 City Council 33 — 38 EETa LEVEL 2 INTERIOR WALLWI WOOD BTUDWIONE 1 LAYER GYP BD ON EACH SIDE A2.02 1I18'=1'U' AUNtleskDwsJlSewe Ane Metl'uanAxY10101-McGwn_PiN.M GENERAL NOTES — IIII�'Ifs)I ��IF ® ®-___ ®>�®' -_. --..- � Qffi•� Imo.®__ ��; AII i II � __- _ _ � _ _ I 'I® ®� I _ ®I .�■�I _ � � ■» , •[ III 0M��1�11 ��. �� �� ■� ®. :� �: � � � rail � :� � �► �_ l I� •�� �. , I L II. fi� �1"7 �I , =• II'I �J � � � � '' ILmu )U �I �!'� I�- O F- •n- �•I II, I�� I�I• III � I I V � I VI �IL.n <�- 11 �7■��yl � ■ � `w I I � n•� � I � . �I .� �� © �- �mg 1•.1� Ii 1• n.. Ian f�f �.i _ ■ ~~.,I''Q �11. _�s �...�� ��luY I I'C K=nI»•:= 1��i f �II �'•' ---'�����. � � .•1 °� iasn+l Ili �, � 1111 �:,.,�lis -� uc-�''.. 11IH i lb �. �I i .� � i. ::_11 _u: ( �_'Iia. , I �j�n,111N.n�i �e�°-a O' _� o I��3I IIHI � L 11_I — __ __l, 1 I 1�111 I�I � � ICI �Il ���I ■I I �u , III'I�I�II I III ��11�:.�l1�I—_—E� _IL�� I •I ® A — -1� �� ® 0 n. ®� _M Im'—i.. `rIDI — iI III EiFI ®� �� ®���>�• III. ■I .VI���3�.�ru. -g��j tl, © _ fl;nriI C I4 i5:.,1 ro�.�l■1�11 �L�Ir.:li_NL Tm -- I ��liTel • ��� IIL n IL I � A • � Q".II _ � _ -_ '�' ��Il��i. _I'L� ■ . � _ �ICIm- �, � �y -���!® i�'J `!'�■ .. ©�" .JJ� JAll ��� rIi � r� ------■ ����� �iliil�l ,� �� I>.r� --���-r>.1L■�II �_ INE ,h_ - _ __ _ ■RAF. nF>® - �IIKII�I71111111111CIII91111111 City Council 33 — 39 LEVEL 3 I KEY NOTES O I DESCRIPTION Detail .VJ O 3 Z 2 a NIDE90MINUTEFIRERATEDDOOR.y RETCH ER REQUIREMENTS OF 3002.4. PROVIDE STANDBY SEPARATEPERMIT) ,IPE(CIASS I) LOCATION - SEE NFPA .ER SYSTEM OWES. (DEFERRED (ABOVE ABOVE HER -SEE NOTE M.20N SHEET GW1 ' • AFT- PROVIDE FIRE SPRINKLER AT EPHONE SYSTEM 42"A. F.F. MIN. - PROVIDE 90 MIN. DOORS AND FIRE I1--O.L. MAX. SPACING FIRE BLOCK MATERIAL 11 SHALL BE MINERAL FIBER, MINERAL WOOL, GI -AS THE ENTIRE SPAN IG SHALL BE OF "H' STUDS FOR FOR WALLS UPTO �vYI ELEVATION SPOT ELEVATION AT SLOPED FLOOR SURFACE MOUNTED FIRE EXTINGUISHER G� CABINET. REFER TO DETAILS XX SHEET A-X.X% RECESSED FIRE EXTINGUISHER CABINET REFER TO DETAILS %SHEET — BHEET TILE. FLOOR PLAN LEVELS SYMBOL DESCRIPTION DETAIL CONCRETE WALL ® CMU WALL 3 HR. RATED WALLIPARTY WALL 1MA].31 ® 2 HR. RATED SHAFT WALL ]/A].31 ® 1 HR. RATED PARTY WALL 101A] 31 1 NR. RATED CORRIDOR WALL 3/A].31 INTERIOR WALL WI WOOD STUD WI ONE LAYER GYP. BD. ON EACH SIDE EEfC A2.03 GENERAL NOTES b UI I I I r—s----H----H--*-- —}---- I I I I I I Aa..1 I D I — I zO I MATCXFLINF MATCH LINE .�,� � IMinI � � 1 . i',._ � � `)L.� �:.:' ull � � ru► I �.r I � � I � .I � �ii � � ��.. ,Comm I�"i� . � ! A _ u�. •_ -.t.. �� ram. �� � , 7�r.,: . •L� �� .�J lijl � III � � • -i� � _ I�f�fiae�L�l - IIII City Council 33 — 40 LEVEL 4 s �o s g� 4 _ <a «_Hz NOTES .VJ p IBOL DESCRIPTION Detall ELEVATOKE�Y INO FO RATED DOOR. .-WITHTHESTRETCHER REQUIREMENTS OF 1 BUILDING CODE 3002.4. PROVIDE STANDBY 3 POWER(UNDERSEPAPATEPERMIT) Z FUTURE STANDPIPEICIASS N LOCATION - SEE NFPA 2 13 FIRE SPRINKLER SYSTEM DWG'S. (DEFERRED SUBMITTAL) p S LINE OF CANOPY ABOVE 4 LINE OF SOFFIT ABOVE FIREEXTINGUISHER- SEE NOTE M.2 ON SHEET GWI S AND SPECS. ' . 0 2-HR. RATED SHAFT- PROVIDE FIRE SPRINKLER AT TRASH CHUTE ] ELECTRICALRELEPHONE 0 METALRALINGSYSTEM`4TA.F.F. MIN, B TRASH CHUTES- PROVIDE 90 MIN. DOORS AND FIRE 10'-0.O.L. MAX. SPACING FIRE BLOCK MATERIAL 11 SHALL BE MINERAL FIBER, MINERAL WOOL, GLASS FIBER OR OTHER APPROVED NON -RIGID MATERIALS. (2019 CBC SECTION ]10.2) 12 GYPSUM CONCRETE OVER STRUCTURAL PANEL SUB FLOOR 13 STRUCTURAL PANEL FLOOR DECK PER STRUCTURAL 14 WALL PENETRATION, SEE DETAILS ON SHEETS Ax.xx 15 FRAMING PER STRUCTURAL DRAWINGS 10 3HOUR RATED FIRE WALL ASSEMBLY -SEE DETAII AX X WHERE ROOFICEILING FRAMING ELEMENTS ARE PERPENDICULAR TO THE WALL, THE ENTIRE SPAN OF SUCH ROOFICEILING FRAMING SHALL BE OF 17 1-HOUR FIRE -RESISTIVE CONSTRUCTION. THE ORT THE ABOVE MENTIONEDkmDi2GAklTTIN MIIMG SHAL ALSO BE 1LHOUR CddRRSSTrtIMMCCTITICbNMrtA1 PROVIDE ASW CLIPS AT 10'4' O.C. VERTICALLY BETWEEN WOOD FRAMING AND 'HE STUDS FOR WALLS UP TO P.lOf\RARAIJ FOR WALLS UPTO .'4E HIGH SPARRR5E IMIM\ BLB@BUPeW" wpA FINISH FLOOR BID ELEVATION SPOT ELEVATION AT SLOPED FLOOR SURFACE MOUNTED FIRE EXTINGUISHER CABINET. REFER TO DETAILS M SHEET A-X.X% RECESSED FIRE EXTINGUISHER CABINET REFER TO DETAILS %SHEET - SYMBOL DESCRIPTION DETAIL CONCRETE WAU_ ® CMU WALL EET TITLE' FLOOR PLAN LEVEL4 3 HR.RATEDWALLIPARTYWALL 2 HR. RATED SHAFT WALL IMATM ]IA].31 ® ®I HR. RATED PARTY WALL 'PVTRATED CORRIDORWALL 101A] 31 "A" INTERIOR WALL WI WOOD STUD WI ONE LAYER GYP. BD. ON EACH SIDE -ETA A2.04 GENERAL NOTES I I I I I -1 ,r I,----1-_I_ a--- I I I j- I • Ki 1-' JI yi � IlJ��u ��1 40 MA �� x, ,►`I R.�. RI H11 f �,I �n �p hql I_III: iU�� '�I#I w. Irl� 7! AIL � :F+lil'-�'p.�� ��J■II!rIC I � fll�, i� �I ll�n �I I _,�;r �� a_f� gym: c'L'A '�F ItJ Gil E.� ^Ir r II.I: �� r.� � � .. ■�'��-- � s�.l � �� �- _-����iil.� y�y�■■ MUM1 0 City Council 33-41 I KEY NOTES O I 9 3 Z a L44 10'-0.O.L. MAX. SPACING FIRE BLOCK MATERIAL it SHALL BE MINERAL FIBER, MINERAL WOOL, GIAS THE ENTIRE SPAN IG SHALL BE OF ... STUDS FOR FOR WALLS UP TO FINISH FLOOR ELEVATION SPOT ELEVATION AT SLOPED FLOOR SURFACE MOUNTED FIRE EXTINGUISHER CABINET. REFER TO DETAILS XX SHEETAX.X% RECESSED FIRE EXTINGUISHER CABINET REFER TO DETAILS %SHEET BID - SHEET 1RLE. FLOOR PLAN LEVELS SYMBOL DESCRIPTION DETAIL CONCRETE WALL ® CMU WALL 3 HR. RATED WALLIPARTY WALL 1MAT.31 ® 2 HR. RATED SHAFT WALL 7/AT.31 ®I HR. RATED PARTY WALL 101A] 31 1 NR. RATED CORRIDOR WALL "A' 'I INTERIOR WALLWIWOODSTUDWIONE LAYER GYP. BD. ON EACH SIDE EEfC A2.05 GENERAL NOTES b Y Y Y Y 1 w111/1w ,III � 1I�7 D E V O MATCH LINE UpLEY LmBY sJSF ---�-T-L ------ - 0-- 1 i - MATCCH LINE RI a i IIII II i1F.l � x' .Lr xI ® I"jlgl ►�I IL f aM IL I II �I' K n nn� ,� NMI 7q�� �� � ��1 K�'llfll !1l�� �,. "'!�� �3I �. LtJ�l'•sil$...$�II L°�J +:.,.,.[II�. � �M �I IILn �Irl � ._�s_ � �} _._ f i ���-Tm:. tw � ' - IV ��F ItJ C� v 41��� �_ ��.�.... � r� � , , ■&+i • � el _�� �IJdii'>:?l�! �, �� • _ � : `� - cm>t`� �1 IJ�Ii I'11�1- � - IIIIIIII�� ....- City Council 33 — 42 LEVEL 6 s o s 3z rc8 _ 'aS °a�z -H KEY NOTES O .VJ y O IBOL DESCRIPTION Detail ELEVATOR- PROVIDE 90 MINUTE FIRE RATED DOM. WITH THE STRETCHER REQUIREMENTS OF 1 8- BUILDING CODE 3002.4, PROVIDE STANDBY 3 POWER(UNDERSEPARATEPERMIT) Z FUTURE PEICLASS STANDPII -SEE I 2 13 FIRE SPRINKLER SYSTEM DWG'S. (DEFERRED SUBMITTAL) p S UNEOFCANOPYPBOVE 4 LINE OF SOFFIT MOVE FIREEXTING i SEE NOTE M.2 ON SHEET GN-1 S AND SPECS ' . 0 2-HR. RATED SHAFT PROVIDE FIRE SPRINKLER AT TRASH CHUTE ] ELECTR1C1,TELEPHONE 0 METAL RAILING SYSTEM 42"A.F.F. MIN. 9 TRASH CHUTES -PROVIDE 90 MIN. DOORS AND FIRE iP-0" O.L. MAX. SPACING FIRE BLOCK MATERIAL it SHALL BE MINERAL FIBER, MINERAL WOOL, GLASS FIBER OR OTHERAPPROVED NON -RIGID MATERIALS. (2019 CSC SECTION ]10.2) 12 GYPSUM CONCRETE OVER STRUCTURAL PANEL SUB FLOOR 13 SS—mc ORAL PANEL FLOOR DECK PER STRUCTURAL 14 WALL PENETRATION, SEE DETAILS ON SHEETS Ax.xx 15 FRAMING PER STRUCTURAL DRAWINGS 10 3HOUR RATED FIRE WALL ASSEMBLY -SEE DETAIL AX X WHERE ROOFICEILING FRAMING ELEMENTS ARE PERPENDICULAR TO THE WALL, THE ENTIRE SPAN OF SUCH ROOFICEILING FRAMING SHALL BE OF 17 1-HOUR FIRE-REBISTIVE CONSTRUCTION. THE R - ABOVE MENTIONEDkmDi2GAklT11N MIIMG SHALL ALSO BE 1"OUR CddRRS�rtIMMCCTDIC6NMrtA1 PROVIDE ASW CLIPS AT 10'4' O.C. VERTICALLY BETWEEN WOOD FMMING ANO "H' STUDS FOR WALLSUPTO P.l00mGYiATRAN FOR WALLS UPTO 10 44'-0"HIGH SP.51{A8R)W$IMMIf BLMMBUP6IDL9fA9 w.pA FINISH FLOOR �vYI ELEVATION SPOT ELEVATION AT SLOPED FLOOR SURFACE MOUNTED FIRE EXTINGUISHER CABINET. REFER TO DETAILS XX SHEET A-XXX RECESSED FIRE EXTINGUISHER CABINET REFER TO DETAILS %SHEET BID — SHEET mtE. FLOOR PLAN LEVEL6 SYMBOL DESCRIPTION DETAIL CONCRETE WALL ® CMU WALL 3 HR. RATED WALLIPARTY WALL IMATM ® 2 HR. RATED SHAFT WALL ]/A].31 ®I HR. RATED PARTY WALL 101A] 31 1 NR. RATED CORRIDOR WALL 3/A].31 INTERIOR WALLWIWOODSTUDWIONE LAYER GYP. BD. ON EACH SIDE EEfC A2.06 GENERAL NOTES 14.4 01 0- PEI 1 I I I I _ '� {■■ I � HORIZONTAL IT City Council 33 — 43 LEVEL 7 I KEY NOTES O I 9 L44 MAX. SPACING FIRE BLOCK MATERIAL II SHALL BE MINERAL FIBER, MINERAL WOOL, GLASS FIBER OR OTHERAPPROVED NON -RIGID MATERIALS. (2019 CBC SECTION ]10.2) 11 GYPSUMCONCREIEOVER STRUCTURALPANEL SUB FLOOR 13 STRUCTURAL PANEL FLOOR DECK PER STRUCTURAL 14 WALL PENETRATION, SEE DETAILS ON SHEETS Ax.xx 15 FRAMING PER STRUCTURAL DRAWINGS 10 3H0UR RATED FIRE WALL ASSEMBLY -SEE DETAIL AX X WHERE ROOFICEILING FRAMING ELEMENTS ARE PERPENDICULAR TO THE WALL, THE ENTIRE SPAN 17 OF SUCH REAESSITIVE CLING OASING TRUCTALL BE OF R THE ABOVE MENTIONEDkMMCCMRMIG SHALL ALSO BE OURC2M PROVIDE ASW CLIPS AT'"' O.C. VERTICALLY BETWEEN WOOD FRAMING AND "H' STUDS FOR WALLS UP TO P.lOGYiNRA1J FOR WALLS UP TO 10 "' HIGH SPAIRMUADVVIk%BL■■BUngIDLgNg w.pA FINISH FLOOR �vYI ELEVATION SPOT ELEVATION AT SLOPED FLOOR SURFACE MOUNTED FIRE EXTINGUISHER CABINET. REFER TO DETAILS XX SHEET A-X. RECESSED FIRE EXTINGUISHER CABINET REFER TO DETAILS X SHEET A-X.XX BID - - - - - SHEET mtE. FLOOR PLAN LEVEL? SYMBOL DESCRIPTION DETAIL CONCRETE WALL ® CMU WALL 3 HR. RATED WALI-PARTY WALL IMA].31 ® 2 HR. RATED SHAFT WALL 7/A].31 ®I HR. RATED PARTY WALL 101A] 31 1 NR. RATED CORRIDOR WALL 3/A].31 INTERIORWALLWIWOOOSTUDWIONE LAYER GYP. BD. ONE SIDE EETC A2.07 I I I I I I ■ I I � I I I I .� I I '� 1 Nxrtt ,la, UFFe—a uFF �II a_ssF--F_.-- �_'• IIII IlIII IIIIII _ _■_■—■ •®■•• �/a/s —.—_z _A� _ _— IIII lIIII IIIII III T TII �II .i.—.l. IIII / —3 --_ --IIIIII ---ns_oz TI TIIII {il\) --IIIIIIII 1II11I ^!F /— Tow"-sb1owass amem was ■■ ■ w ■1■was • ■--• wealwassaff was III 1 I I_1 L1 •■ O�U\� MATCH LINE �—_ wII � MATCX LINE —_■_■ {IIIIIII NSE_ - L -_______*______*J_____*______y , rr____-__*__ ---------- __ _�MALTCN ss �Il oeiueexzLNrt x--Vi LM_ •"'•_—' O__ "^• I I • I I I I 1 I I I I I I — - — I - — - — - — -- 1 1 I II 101 K 1 1--- I I I •■• •■■ ■■• •1 .• ® •E■ ■■• ■■■ Em • •• • •■• EDI. ■• • ---� .■■ I I I I I�/� �l I °° I I I I I I I I I I I I I I I I tb 2 3 4 5 6 7 8 9 10 11 12 13 14 14.4 15 16 17 City Council 33 — 44 MAZZIOWER ROOF GENERAL NOTES 1. SEE BUILDING ENVELOPE DRAWINGS FOR WATERPROOFINGIFLASHING DETAILS. 2. SEE PLUMBING AND CIVIL PLANS FOR ROOF DRAIN TERMINATION. w N 3U 3. SEEDETAILSONA7.11FORROOFASSEMBLIES. IN ¢ Q Nd 4. VERIFY MANUFACTURER REQUIRED CLEARANCES FOR CONDENSERS PRIOR TO LOCATING PLATFORMS. V'd 5. ACOPY OFTHECONSTRUCTIONDOCUMENTSORA COMPARABLEDOCUMENTINDICATING THE INFORMATIONFROM ENERGYCODESECTIONS 110.10(b)THROUGH110.10(c)SHALLBE n �� PROVIDED TOT EOCCUPANT. 8. AT LOCATIONS WITH EQUIPMENT OVER UNITS USE EXTRA LAYER WITH NIC CHANNEL PER ACOUSTICAL REPORT ]. ROOF SHALL CONTAIN >R-38 INSULATION, 8. AT SLOPES <2:12: FULLY -ADHERED 80 MIL SINGLE PLY POLYVINYL -CHLORIDE (PVC) ROOFING, JOHN MANSVILLE, CERTIFIED CRRC. MINIMUM 2D YEAR MANUFACTURER WARRANTY', SRI VALUE OF 79 OR GREATER AND A SOLAR REFLECTANCE OF AT LEAST 0.63 AND A THERMAL EMITTANCE OF AT LEAST 0,75. AGED SOLAR REFFECTANCE> 0.7 AND THERMAL EMITTANCE> G.K. SEE ROOF PLAN AND WATERPROOFING DRAWINGS. g �0 5 3z ¢$ «eo�po KEY NOTES O SYMBOL DESCRIPTION Detail YJ ELEVATOR- PROVIDE 90 MINUTE FIRE RATED DO" '= WITH THE STRETCHER REQUIREMENTS OF O 1 BUILDING CODE 3W2.4. PROVIDE STANDBY 3 PDA ER(UNDERSEPARATEPERMIT) 2 2 FUTURESTANDPIPE(CIASSI)LOCATION-SEE NFPA 13 FIRE SPRINKLER SYSTEM DWG'S. (DEFERRED SUBMITTAL) p 3 LINE OF CANOPY ABOVE 4 LINE OF SOFFIT ABOVE FIREEXTINGUISHER- SEE NOTE M.2 ON SHEET GN-1 S AND SPECS. ' . 8 2-HR. RATED SHAFT- PROVIDE FIRE SPRINT —AT TRASH CHUTE ] 0 ELECTRICALRELEPHONE METALRAILINGSY3TEME42'A. F.F. MIN, 9 jjRASHCHLRES- PROVIDE 90 MIN. DOORS AND FIRE it O.C. ACING FIREDNON-BLOCK MATERIAL SHALL BE MINERAL FIBER, MINERAL WOOL, GLASS O HER FIBERIA OTHER APPROVEDNON-RIGID FIBS MATERIALS. (2019 CEO SECTION ]10.2) 12 GYPS UM CONCRETE OVER STRUCTURAL PANEL SUB FLOOR 13 SS—'cTURAL PANEL FLOOR DECK PER TRUCTURN- 14 WAUL PENETRATION, SEE DETAILS ON SHEETS Ax. 15 18 FRAMING PER STRUCTURAL DRAWINGS 3HOUR RATED FIRE WALL ASSEMBLY -SEE DETAIL AX X WHERE ROOF/CEILING FRAMING ELEMENTS ARE PERPENDICULAR TO THE WALL, THE ENTIRE SPAN OF SUCH ROOFICEILING FRAMING SHALL BE OF 17 1-HOURFIRE-RESISTIVE CONSTRUCTION. THE PP RTTHE ABOVE MENVDI7B.•II@T%Cg=MG SHALL ALSO BE 141 17700LLTT PROVIDE ASW CLIPS AT'"' O.C. VERTICALLY BETWEEN WOOD FRAMING AND'H-STUDS FOR PTO 23'-0" A GH SPPN FOR WALLS UP TO 1g ppyNiil HSPAN. PRO�'l5p@}�$LRPF1f�PN9-l1'"(4@F EYMC LLYBETWEENORMID RRRRiINF9A1IdAN 1/A. W 6] P. MEASURED FROM BOTTOM OF ROOF SHEATHING 1 uc TREATED PLYWOOD -REFER TO c FoPER E_NI' 2 E S CONTREKB{$INFAIMI ]RQAlIION PAD FRAMING DETAIL ENSER PERPENDICULAR ILING FRAMING ELEMENTS ARE TO THE WALL, 1R49OGOCFEI5C5EIPLAINDGS 21 IHRRAE SHSA SFSR3U{CRH ING AND ELEMENTS THAT SUPPORT �i, NROOF/CEILING FRAMING SHfJ: ALS¢' OUED R CONSTRUCTION MIN BID yrJf iJ✓F 4 N0 PENETRATION ZONE AT FIRE WALLS DOWNSPOUT CONNECT TO CIVIL OOs STORM SYSTEM. SEE PLUMBING AND CIVIL DRAWINGS. _ ANCHOR (REFER TO ST RUCTURAL8 STTURE FACADE ACCESS) MANUFACTURE — SOLAR PANEL AREA CALCULATIONS SHEET TITLE'. FLOOR PLAN MAZZ/ LOWER ROOF FUTURE SOLAR PANEL — LOCATIONS `------ 9-1[21 023 SHEET. FUTURE CONTROL SWITCH 2.08 14.4 I I I I I I I 1 1 I I I I I I I 1 _ — —_—_—_—_�_—_�_—_�_—_�_�_— �_—.��_---_�_—_—_—_—_ i q I� �\ I ■ I I I I I I I I I I •® I I I I I I ■ I••■a_ I,;.f•�• a I I • •■■pl].I•■•■■ ■/®•.4_ I I es I 1 I .cf ■ ■•• •■•• •�•■•/■■ • ■�■'■/• ■ 1• I I I _ 1 I I I • I I I I I I I I I r I€ I I I O N.m 1 T-----*—r------ --- O _-_ — —_---0 - - - __ _�------T- I_6 I- II I I 11 I I I I I I I I rt I� I I I I I I I I I I I I I I v 11 1 • � 1 I Q 1 I J 1 • f•• �, , If■ ■■• Eg • ••1 ••• ®I•■•■ II _ 1 - • • I 1 I I I I I I I I I I I I I I I I I I I I I I I I I a I I I I I I __—__I—__—_I_—__—L_—__ I I I I I I I 1 I I I I I I 1 I I I I I I I 1 I I I I I I I I I II I I I b I I I I I I I I I I I I I III �1� I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 14.4 15 17 City Council 33 — 45 GENERAL NOTES 1. SEE BUILDING ENVELOPE DRAWINGS FOR WATERPROOFINGIFLASHING DETAILS. 2. SEE PLUMBING AND CIVIL PLANS FOR ROOF DRAIN TERMINATION. W N �u 3. SEEDETAILSONA].11FORROOFASSEMBLIES. IN ¢ Q Nd 4. VERIFY MANUFACTURER REQUIRED CLEARANCES FOR CONDENSERS PRIOR TO LOCATING PLATFORMS. V'd 5. ACOPY OFTHECONSTRUCTIONDOCUMENTEORA COMPARABLEDOCUMENTINDICATING THE INFORMATIONFROM ENERGYCODESECTIONS 110.10(b)THROUGH110.10(c)SHALLBE n �� PROVIDED TOT EOCCUPANT. 0. AT LOCATIONS WITH EQUIPMENT OVER UNITS USE EXTRA LAYER WITH RIC CHANNEL PER ACOUSTICAL REPORT 7, ROOF SHALL CONTAIN >R-38 INSULATION, B. AT SLOPES <2:12: FULLY -ADHERED 00 MIL SINGLE PLY POLYVINYL -CHLORIDE (PVC) ROOFING, JOHN MANSVILLE, CERTIFIED CRRC. MINIMUM 20 YEAR MANUFACTURER WARRANTY', SRI VALUE OF 79 OR GREATER AND A SOLAR REFLECTANCE OF AT LEAST 0.63 AND A THERMAL EMITTANCE OF AT LEAST 0,75. AGED SOLAR RELFECTANCE> 0.7 AND THERMAL EMITTANCE> G.K. SEE ROOF PLAN AND WATERPROOFING DRAWINGS. g �0 5 3z ¢$ «eo�po KEY NOTES O SYMBOL DESCRIPTION Detail .VJ ELEVATOR-PROVIDE90MINUTEFIRERATEDDOOR.y '= WITH THE STRETCHER REQUIREMENTS OF O 1 BUILDING CODE 3002.4. PROVIDE STANDBY 3 POWER(UNDERSEPARATEPERMIT) 2 2 FUTURE STANDPIPE(CIASS II LOCATION - SEE NFPA 13 FIRE SPRINKLER SYSTEM DWG'S. (DEFERRED SUBMITTAL) p S LINE OF CANOPY ABOVE 4 LINE OF SOFFIT ABOVE FIRE EXTINGUISHER -SEE NOTE M.20N SHEET GN1 5 AND SPECS. ' . S RATED SHAFT -PROVIDE FIRE SPRINKLER AT TRASH CHUTE 7 0 ELECTRKCI_TELEPHONE METAL RAILING SYSTEM 42'A.F.F. MIN, 9 TRASHCHLRES- PROVIDE 90 MIN. DOORS AND FIRE iI O.C. X. ACING FIREDNON-BLOCK MATERIAL SHALL BE MINERAL FIBER, MINERAL WOOL, GLASS FIBER OR OTHER APPROVED NON -RIGID FIBS O HER MATERIALS. (2019 CBC SECTION ]10.2) 12 GYPS UM CONCRETE OVER STRUCTURAL PANEL SUB FLOOR 13 STRUCTURAL PANEL FLOOR DECKPER STRUCTUI 14 WALL PENETRATION, SEE DETAILS ON SHEETS Ax.xx 15 10 FRAMING PER STRUCTURAL DRAWINGS 3HOUR RATED FIRE WALL ASSEMBLY -SEE DETAIL Ax x WHERE ROOFICEILING FRAMING ELEMENTS ARE PERPENDICULAR TO THE WALL, THE ENTIRE SPAN OF SUCH ROOFICEILING FRAMING SHALL BE OF 17 1-HOURFIRE-RESISTIVECONST111TI11. THE PP RT THE ABOVE MEN70•B■R SHALL ALSO BE 1. 12200L�TT Tglgp=MG PROVIDE ASW CLIPS AT 10'4" O.C. VERTICALLY BETWEEN WOOD FRAMING AHD 'H'STUDS FOR P T023'-0" PN FORWALLS ELCAC l HSPAN. PROIRM®RwPB4W.B L L Y BEASUREDFRO W10 8] BOTTOM P. MEASURED FROM BOTTOM OF ROOF SHEATHING 1 TREATED PLYWOOD -REFER TO UC G FO 2 E S CONTgFXBW}$E.NAq]^Q,1B(�LICON)ENBER PAD FRAMING DETAIL PERPENDICULAR (LING FRAMING ELEMENTS ARE TO THE WALL, :.. HE E SP F SUCH ROOFICEILING RA NGSHAS_ OFZ'{R149GCESS PADS 21 IRE STI NSTRUCTION. THE FRAMING AND ELEMENTS THAT SUPEORT NED ROOF/CEILING FRAMING OUR CONSTRUCTION MIN — 4' NO PENETRATION ZONE AT FIRE WALLS DOWNSPOUTCONNECTTOCIVIL OOs STORM SYSTEM. SEE PLUMBING AND CIVIL DRAWINGS. _ (REFER TO ST ANCHOR MANUP TO STRUCTURAL 8 MANUFACTURE FACADE ACCESS) — SOLAR PANEL AREA CALCULATIONS snEEr nrLE'. FLOOR PLAN UPPER ROOF FUTURE SOLAR PANEL - LOCATIONS `------ 9-1t2-1-i 023 SHEET. FUTURE CONTROL SWITCH A2.09 GENERAL NOTES 10 11 12 I I I I I I I I I I I I I I I I -4---4--4-i tll ------------- ------�-�-- I I I I I City Council AubtleskOwsJlSeme Me Metl'mnApemnentlY10,01-0.bGwn NN.M I I I I I I I 33 — 46 13 14 1. 4.4 15 16 17 I I I I I I I I I I I I Li l l 1 I I I I I I I I I I I I LEVEL 1 - SLAB PLAN 1—=1.1 z w N o� a o s 3z rc8 _ 'aS KEY NOTES O i� 0 3 ig a 11 /21 /2023 =L 1 SLAB GENERAL NOTES T T" T T T" T T: T 1 7 12 13 14 14.4 15 16 17 �_ Lp � I' I I• I C I I I I I ICI - IIII --� -- - - - 1 - -- I— ----� 3—= - �-- I r—I-r----I---� _..........,...,.,...,.,.1.,...,......, l -------1---�- o� J - -----� - -� --� — -�-- J—1—L—=' -- ---� 17 i KEY NOTES O I =L 3 SLAB City Council 33 — 47 LEVEL 3 - SLAB PLAN 11 /21 /2023 I w � 10 11 12 13 14 14.4 15 i6 17 Ia Q--------------- I '-----------------------------� -�-------------------------- �- I I II I I I I I I I I I ----------------------- I I I to I I I M„ -- - - -------------- I I I I I I I I--Io I I -- Est AEIaE M - - - - - - - - -- --�I- - --- - ---i-� I I I I I I I I I I - - w39rr�i rtiwvi IeOH,l IBWV1 FR �I II I I - .L - - - - - - - -�-�- - - - - ---- ---------------------- I MATCH LIME - �+ -- I I I I I I I I I I I I I I I GENERAL NOTES I KEY NOTES (D I i� 3 a I )R PLAN _L B MENT J1 City Council 33 — 48 LEVEL B 1 1 /21 .21 GENERAL NOTES (tl1 I (yl 10 11 12 13 14 1,.h 15 16 17 w ---L--;----------1-----------------------1-------- L------------- 1------- — I------L—---1---1------------------------ 1— _ -- I MA �H LINE l i II ao II I II � I I I 1 I I I I I I I 1 I I I _I__—_—_—_ _ J_J _ _ ^ —_—J I I I I I I I I I -------AU 1 I I I {l II 1 a w 1 I I I I I I I I I I I 1 aolss Isan mws IsaN i aals3 I r — 1 I I a .I I I I ----- ------------- ------ i--- LL------------- L N I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I 1 I I I I I I I I I I J— —�-------I---—-- — -- — I I I I I I I I I 1 w—1-----------I--- ---fi —I— fi------------t-- I I I I I I I I City Council 33 — 49 LEVEL B SEGMENT 2 %a I KEY NOTES O I a H s ¢ F'ao✓,aa )R PLAN _L B MENT J2 .22 GENERAL NOTES a1------------------- L1 =- :.ter=: =---:i----=---=---_1__i ---------- ------------- --------- - ------=---_L---------- curc�x uxE J I�i I I I I I I I I I 301q 301q 19 193 153 19 01� _ I I � ----1--i--------1------ ' --, - - - - — - - - II � \- ----r---r------T------ — — — — I I ® -- I I 1 IILL I i II ® 1I STAIRCASEONA SEPAMTE PERMIT I --- I; -----Y----f +Fl#q*r-ea--f-------------------------------------------I--—� L------------------ I KEY NOTES (D I a )R PLAN _L B City Council 33 — 50 LEVEL B .23 GENERAL NOTES T T", T 8 1� 5 I I I I I I I i Ias mz <a — — — o, — — — 1 � KEY NOTES O m ig c xO t I I R+q+ — I N.OExxx, --® Ne .Ex. �x I � I I MATCN LINE I I I I I I BID I I — )R PLAN _L B City Council 33 — 51 ^ 1 1 1/21 .24 GENERAL NOTES (Y18 10 11 12 13 14 14.4 15 16 17 i I -� „naF ' B KEY NOTES O a aaz ' .1 ass ass a3, ase � a1, I A71 I I a l I z II II � �I L- rragrvr. Naoxri reaNn I �i Featin �ewra I RE1RlIl I i� y I I O I I I a.n � I I uxrt Lwa+ � I I i I I L_J I � ��_� I�LINE OF LEVEL J I� pip B I 0 II F PETNL RETIL RETIL REfNL REAL RET.LL REVJL I JiI -----------7-------------i--------------��������������������� — I �------------------L----- I�snart I I I I )R PLAN -L 1 MENT 1 City Council 33 — 52 1/21 LEVEL 1SEGMENT 1 1 vv r-o, anoee:Low�nsR,m a,a L+aa�ARaa�uno,o,-M,m�o� am.m .25 GENERAL NOTES 14 1144 15 16 I I I i --------------- 1------------- ---------- 1--------- —�. r L -M i f --� --J- w l I I \ I I I I I ---------L------"'-.I 1'-. _...._ _. _..._ �IIa City Council 33 — 53 I I KEY NOTES O I )R PLAN -L 1 MENT 2 GENERAL NOTES I KEY NOTES (D I )R PLAN EL 1 MENT 3 City Council anoee:xow�nsenm a�a nxa�axxa�unoioi-u,a.o� am.m 33-54 LEVEL 1 SEGMENT 3 .27 GENERAL NOTES 4 4 4 Q 4 4 T T I I I I — I I — Izy f 'I I I 1 B i I ---- — — — -- -- — -- — of — — — �— — — — ——� I ' I I I I 9Hylor�.vy I I � I � Y�QlVl I 1 N30NY! Yfi9H�'1 N30NY1 W3QN1 IB9NV1 YGQA'1 IHq, Ir 39 a 3anv 39 39HY Y13g1 aeB9c L IIr I I I I ATCH = L N ETaL RETIL �T L u IET L a RFT,LL u ______________ r____________ _____y________ __ I—________ _____________y______________ r_________ ---I I I I I I I � City Council AubEeskOwsJl3vAe Me MedmnApemnenYY10,01-AbGwn NN.M 33 — 55 I KEY NOTES (D I )R PLAN EL 1 MENT 4 LEVEL 1 SEGMENT 4 GENERAL NOTES 10 11. 12 13 14 14.4 15 16 17 I I I I I I I I I I I I I I I I I I I I I I I I , I , I I I • I I I I I I II I I I I I I I I ® I \ I ea 0 ME I KEY NOTES O I )R PLAN _L 2 MENT 1 City Council 33 — 56 LEVEL 2 SEGMENT 1 1 /21 .29 GENERAL NOTES J—I _-- i' 1 1 I , I ( E I 1I0 11 '01 12 13 .1-------------— — — — — — — --� -- --- —I�— ----------- I 14 14.a 15 16 17 ----- ------ r ^----y------------ ---------------y----- . I � as --[ Ail � I � I I I I I 4" 1 ¢F I I I I I - ---- ----- - ----------- ------ i--- LL------------�----(�) I I I I I I I I I I I I I I I I I I I I --------- I I I I I I I I I I I I I I I I I I I I I I I I I I City Council 33 — 57 LEVEL 2 SEGMENT 2 I KEY NOTES O I ml a o z ne a�;o�so )R PLAN _L 2 MENT 2 GENERAL NOTES I I � -------------------------L----------------------- ---- --------===---=---=L=---=---=---_1_---=-------=1=-1---- NATC�NLINE V 1 I I I I I I II III - — - — r —- — - — - — - — - — - — - — II II - - — - - - - - - ! I I I 1 I I � I _—_—L--- —_—_—_—_�_—_—_— ----`--I-------- ------ — —_ _ 1 II i I 1 I I I wry„ II PAM I I I _ 1 I I wrrwwir+r� � I 1 1 1 --------------- ------------------ ---------------------- ----------�-1 Ida I�, I I I I I I I I 1 1 _ \J _ � l I KEY NOTES (D I 9 )R PLAN _L 2 City Council 33 — 58 LEVEL 2 SEGMENT 3 .31 I I I I I I I I I IR I I I I I I I 17i Sj I 0 1 I I I I I I I i I I I I I I I I I I I I I NrI 1 ---- - -- - -ICE - - — - -- �E- — - - — - - - - - -4 I I I I I I 1 I I I I O I I I I I L® I I I }} I I I I XEOHII YFIOfVl � P3q! I I I I I I I - - r - r-- I I I I I I I I _ o MATVLINE I I I y �� ® FEfAIL PETAL I PETAL PETAL RElAL I RETAL PEfAIL RETAL I I PEN - ______________ r____________ _____-_________ __ �________ y ;_� _._.�. .. _._,. ------------------------------------------- City Council 33-59 GENERAL NOTES z w N o� MHz g� ps ap KEY NOTES (D i� 3 a )R PLAN _L 2 MENT 4 .32 GENERAL NOTES I I 10 I 11 I 12 I 13 I 14 I 14.4 15 16 I I I 17 I I I I I I I I I I I I ; I , I I I • I I I I I I I I I I I I I I I I o ---------------------------' ----- —� J I I I I I I I I I { I maa �ws mae El r -- — I JEl -- ;I �oeer xea I—T —I I I � •4 - �, O --�I 0 II II I I _ L r I I I I I ICI MATCH LINE G. 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FLOOR PLAN I R ICI" I LEVEL3 SEGMENT 2 1�1 F I I I I I I I I I I I I ------- — -----L--------------- City Council 1 33 — 61 LEVEL 3 SEGMENT 2 1 A2.34 AubtleskOwsJl5v0e Me Metl'mnApemnentlY10101-0.bGwn NN.m GENERAL NOTES ---------- ------------------- L ------------- i ------------- maw ------------- i -------- 0AT01 1,111 I sill III ri — — —— — — — — — — — — — — — — — — — 0 e- Q —41 — — — — — — — — — — — — — — — — — ml I KEY NOTES (D I 9 IL rl .... . .. .. .. . .... . 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KEY NOTES O Em Iul ..o0 711 r_Y1r A N �� i SrlFi?�3■�iii-n�� ® Z�T - � ��r � � � - O f IICi I )R PLAN _L 6 MENT 4 City Council 33 — 75 1 /21 .48 14.4 15 16 17 II i I I I I I I I I I I i ---+----- ------- ----- ----- -----j--- --------1-- -- — - — - — - — - — - — - — ------ja--- --a---- 0-------0-- ulo ---- --©- - - - --- I I I MATCH LINEI _-_-_-_-_-_-�-� GENERAL NOTES I KEY NOTES (D I )R PLAN _L 7 MENT 1 City Council 33-76 LEVEL 7 SEGMENT 1 1 /21 .49 GENERAL NOTES l T.i (a) 10 11 12 13 14 14.a 15 16 17 I I I I ------�-----------1------------- J---------- 1-------- I —L -- I -------- 1--------- I J------ I 1----- I 1--- I I ------------------------ I 1--- I MATCCHgLINE I i I I I I I I I I I I I I I I I I I 0 I I I I I I I I I d I 1 I I I I I I i I —I-------�— —t I 6---t— I ---J ;,,a I ----+--------- I I --J-1-------------1-- I I I —I ;- -- �— --- o---�— ---J - --- - ---------J— -------------�-- A— — — — — — — o I I - O I I I I I I I ® ® I ROE 1 1 10 I I � I Ili I I I I I I I I I I I I J - - - - - - - 1 1 I 1 I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I 1 1 I 1 I I I I I I I I I I II I I I I I —1-----------r-------1---------fi-- fi----------------- t--- I g I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I KEY NOTES O I 9 OR PLAN _L 7 Citv Council 33 — 77 LEVEL 7 SEGMENT 2 .50 GENERAL NOTES ---------- a1------------------- L------------- 1------------ ---- -------- L—------------ 1------------- 1--1---- o' MATCH LINE '1 ...",jL 1' ,,,® o Q I I I I I mol I' I LEI I I I � 0 -------------------- -0- 0 - - - - - -------------------- FIV ' 'T' --------I,----- - — - — - ---- — -- - -----_------- I I I I I I I I `--------- ------ ------------------ I---------------------- I ------- _4 K I KEY NOTES (D I 9 )R PLAN _L 7 City Council 33 — 78 LEVEL 7 SEGMENT 3 .51 GENERAL NOTES 1 I I I Ifs I Ir u I o I I I o I =O I I I y______________r_____________r__L____ ® I I City Council 33 — 79 z w N o� s o s g� ps KEY NOTES (D z c )R PLAN _L 7 MENT 4 .52 I � .. 10 11 12 13 14 14.4 15 16 17 I i W I I I I I I I I I I T-----------------� -�-;-------------------r---- 1----;---�-----�---�---r—r-------------ram --, ------- ----------I-- ,,---------- -FJ I I I I I ---I-- ------- -- - _--- ---I-- -� -- ---� , I - I I I I I �- ; ----- --- _--------- ------------F---- - - ----F� 1 I I I I I I I I 1 I I I I I I I I MATCX -_-_-_-_-_ - v GENERAL NOTES I KEY NOTES (D I )R PLAN 7J UPPER F MENT 1 City Council 33-80 MAZZIOWER ROOF 1 /21 .53 GENERAL NOTES 12 13 14 1V 15 16 1 Y I I 1 I ---L-- -----------L-----------------------L-------- I -L-------------- I L--------- I J------ L----- I L--- I I---------------------------- OMATC�X 11NE 1 I I I I I I I I I I I I I 1 I 0 I I I I I I I I I I' 1 I I I I I I i I I I I I I I I I 1 1 ' 1 I I I I I I I I I I I I I I I I I I I I I —1 ------ — =--- -I - ---I— ---- - ----- - --------------------------- K —1 1 '- ----�— = -- 1 --I 0 1 - ---I— I — �- ® -----�- I --- I ---L--- I I I L-L--------------- I I I I I I I I I I I I II II II I II I II 'I ;®®® ®® I®ll®® II 16®® I®d-®® I I 1 I ®® --- - — - - — - — - - - - - - - �\/ I I I I I I I I I I I I I I ——1_—_—_——_—_—_—_------ ------ I L_—_—_—_-_—_—_-i_—_i I I --- I LL--------------- I I 1 I I I I I I I I I I I I 1 I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I 1 1 I I II II I I I I I I I I `� ----------- -------------------- w I 1 ]e I I I I I I I I I 1 1 I I I I I I I I I City__—__—__—__—__—__—__ I I I I I City Council I I I I I 33 — 81 MAZZ/LOWER ROOF SEGMENT2 I KEY NOTES O I ml )R PLAN ZJ UPPER F MENT 2 .54 GENERAL NOTES I I ---------- ------------------- `------------- I I I `--------- -®- I I I I I I - -- -- -------- i------------- i------------- L-1---- _ I ICI ® I MATC�MgLINE VI , 1. RIM O I II I II I II I I ® I I I I I I ----- - - - - - - - - - - - - - - - - ----------------I-�-� I I I I I I 1 ® I I I -�- - - -® - -�- �- - - LL_ - - - - - �- - -1- - - - - - - - --- - - - - -- - - - - - - - - - - - - - - - - - - - - - -_-- - - - - -- - - - - - - - - ® I I I II ® ®®® _® a6a ®® ® ®®I I ®® ®®® ®®® ®® ®I®®_® was ® ®®I _- 111 I I i 1 — _ — I — _ T _ — i _ — _ T _ — I _ — _ — _ — _ _ - I _ — _ _ I' _ — _ — _ 1 I I 1 I I I I I I _I_- I I I I I I I I I I I I II II' I I I I I I I L I I I I I I 1 L----------------------+--------------------------------I---------- A I I I I I I I I I I KEY NOTES (D I 9 )R PLAN 7J UPPER City Council 33 — 82 MAZZ/LOWERROOF .55 GENERAL NOTES , I MR IIIIR , ' I I —+ — — ------®� 4-6-0— ago one —Wi � I - - - - - - - - - I 4- - - -® , I I I - I O, MAT lln- - --------------Iir ------------------ ~--------------r--------I-A— ICU I I I I I 1 ---------------- I KEY NOTES (D I 9 )R PLAN ZI UPPER City Council 33 — 83 MAZZILOWERROOF 1 /21 .56 GENERAL NOTES `LJ IIP� n T `n, `/J Its `aJ 10 11 I I I I I I I I I I I I I I I I II I I --II-----I ---_ ----_ ---- I- -- ----'---'--- _j 12 13 14 14.4 15 16 17 I I I I I I I I I I I I J F4 I I 6a --- -- -0 I III I I 1 1 I I I I I I I I I I I� I I T-rt _ =-I--=7T -- ----_ _ __ _ _ -- --- I I --- --- --- � ---�- �- I --- I 1_-J_-_-_ - - A9% O --_-_-----,- I G _______ - - �I _ - ___ _______�__ ____�____ __ +J_____ +_ � - , II h 1111I I —_ _I—_—_—r_—_ -I --I= -- -----+--- -- -- -- -- -------� ®--- --- ---�--- ; ---� , --- --- --I- ---�-�- - --- -- ------ -- -- --�-- -----� I I� I I I I r l I I —_—_i _—_i _—_ _ _ �_ _4—_ _ _ 1L _I_�_—e— _—_��jy�� I �l I I I ' ' 3,0 1 s 1 O1'`i 1 11 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I City Council 33-84 LEVEL 1 I KEY NOTES O I 11 /21 /2023 9 FLECTED _ILING PLAN !VEL 1 2.61 � KEY NOTES (D ig .41 ------------- REFLECTED CEILING PLAN City Council 33-85 11/21/2023 GENERAL NOTES -4--- 4- I I I I I 12 13 14 14.4 15 16 17 I I I I I I I I I I I I I I I L� I I I I I I I I 1 I IJ I I I:` I -• v 0 1 - - - - - - - - - - n I r I -------T- -�-- - - - --- Ji --- ---7--- JL - —7 ---- --- _� 1I ----7---r-- - — ----r--------------t--+—r—r�------I--- - _ KEY NOTES O I 9 3 PLAN 3 City Council 33 — 86 LEVEL 11 /21 /2023 .63 GENERAL NOTES I I I I I 1 II I I lal `n, `/J Its `aJ 10 11 12 13 14 14.4 1516 17 I I I I I I I I I I I I I I I I I II I I I I I I I I I I I I I O '1 I 1 1 I I I of I I I P 1 - - - - - T 1 I LL II — _ J F I - - - I- -- _______y_________y______ti____ — ___�_ y___________________J_____y______y_____I____ }^_-__—_I—____r__*--*_r___________*_____- � I� I I I I rt I I I I I I I I I I I J - ' I Ta I -- - ----+- -�-- - -- -I ----- -�- -- --- �_ nxo�� --� ! + - +— ----- ----r I I II --�--- �- 1 —�-- -'— --�- -�- -L L J -- - o - ---- I I � LQ I 1 ��F I I --�--7---r-- - --LI-- --I-J--I--L---�---�-�- -�---t--t-r-I-�----.m., I---rt I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I City Council 33 — 87 LEVELLEVEL44 KEY NOTES O I 11 /21 /2023 9 FLECTED _ILING PLAN VEL4 12.64 GENERAL NOTES I I 1 1 II ---I -- I I lal `n, `/J Its `aJ 10 11 12 13 14 14.4 1516 17 I I I I I I I I I I I I I I I I I II I I I I I I I I I _ I L - _ - _ _ _ _ I _ 1 _ _ 1- 1 _ _ I- -y I I I I I O '1 I 1 1 I 1 I I I I II I I I I I I I I I - - - - I- - 1 I-i_- _L _-_�_ _-_�_--__-_-_-I_-_ I I iO I I -IL _______y_________y______ti____ ___________*_____- � II J 1 1 I -�i I I I I I1--- I I I I 11 I I I I I I, I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I City Council LEVELLEVEL5 KEY NOTES O I 11 /21 /2023 9 FLECTED _ILING PLAN !VEL 5 12.65 GENERAL NOTES I I I lal `n, `/J Its `aJ 10 11 12 13 14 14.4 1516 17 I I I I I I I I I I I I I I I I I II I I I I I I I I I It L-E L 11 r II I I I I I I I I I a i1 of 1 1 I I I I I P _ _ 1 T 1 r I LL II — _ J J 1 1 �___ I I a r — I I _1�_—_�2 I, I _�_---I_�_—_—_—I_—_� O _ 1� _ ���y-y----H-----�y------}J-----y------y----y-� ����I-�---r--y--♦-r-----------------y II J -1- --r ---r-- -- - — - -� ----� --�-I-- --, --- _� 7—r------ II ' -L-L-J - - - ----- I�1 1 I----�i I I 1 I 11 I I I I I I, I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I City Council 33 — 89 LEVEL66 KEY NOTES O I 11 /21 /2023 9 FLECTED _ILING PLAN !VEL 6 12.66 GENERAL NOTES I `LJ 11P� n T `n, `/J Its `I, 10 11 I I I I I I I I I I I I I I I I II I I I 1 , 12 13 14 14.4 15 16 17 I I I I I I I I I I I I I ,- 1----I_�-------a----i I I I I I I I 1 1 1 I I I I I I a I I I I I I 1 _ _ 1 1 ❑ I I I I I I I I I I I I 1 II I I I I i II I I I I I I I I I I I I I I n I r I - J r J --I I I 1 __I—_—_I� Al _—_L � I I' _-_L_J'2 I I _�_— I — I I I O I —I_�_—_—_—I_—_ 1� ------- - --- ---------------------- J --------------------- -------------------------------------- - —I_� 1 ,- ---I-----r- -_r -I -_-� _F--j- __T__ -� - T—r—I--F ------ -- ---�---+- -�-- - - ---~- -�- -- --- --I- -—I-�-- ----I--- L ----,i - -- - ---i— --i ---I ---I - — - --11- - - — - --i—I --i----',--- i 1 I �--I-----I----I— I----- I I---- I--- I I I I I I I 1 I 1 ---I-----L---- I I I I I I I I M'° I I I I I I II I I I I I I I I I I I I I I I I I I I I I I City Council 33 — 90 LEVEL 7 KEY NOTES O I 11 /21 /2023 FLECTED _ILING PLAN !VEL 7 12.67 KEYNOTES x SYMBOL DESCRIPTION 1 STANDING SEAM METAL PANEL SIDING Z rc N 2 EXTERIOR CEMENT PLASTER(WHITE) 3 EXTERIOR CEMENT PLASTER(GREY-TO MATCH STANDING SEAM) 5 VINYL DOORS& WINDOWS; PAINTED TO MATCH ANODIZED TE ALUMINUM �u °¢ Q �d G �� 6 CLEARANODIZED ALUMINUM STOREFRONT WINDOW SYSTEM a w= WOOD" - CEDAR COLOR -BALCONIES i Fn 9 9 NNOD IZEMENTSIDING-VINTAGE ANODIZED AWMIrvUMIGIASS RAILING AT BRIDGES 10 STEEL OCFA BRIDGE ACCESS AT ROOF LEVEL 11 PARKING SCREEN WI VINES FRONTINGSCREEN 12 SOUTH TERRACE LOUNGE, PARTIALLY OPEN TO SKY 13 NORTH TERRACE LOUNGE; PARTIALLY OPEN TO SKY 8 0 5 id VINE SCREEN, VINES GROWING ALONG STEEL PICKETTS 15 ELEVATOR SHAFT 16 GRAND STAIR; MINIMUM SIFT CLEAR WIDTH 17 ANODIZED ALUMINUM FASCIA AT FLOOR FACE 1A ALUMINUMLOUVERSATGARAGEOPENINGS;PAINTED GRAPHITE COLOR rc $ 3 z 20 REACCESSSTAIR 21 22 FIRE ACCESS CORRIDOR STEEL& PERFORATED METAL RAILMGS AT BALCONIES; SIDE _ aS °+� - MOUNTED HARDWARE 4 uQ=p�pi aFao✓,aa 23 VINES GROWING ALONG WALL; PLANTER ABOVE N STEEL CANOPY ABOVE RETAIL STOREFRONTS MINTEDTO MATCH ANODIZED ALUMINUM 25 ANODIZED ALUMINUM PANEL WAIN STOREFRONT SYSTEM 2B VINES ALONG RETAINING WALL L K J F Q Q TO TBQ �s 1Y� Q 28 EXTERIOR CEMENT PLASTER(WARMTONETOMATCH FIBER -CEMENT SIDING) X t t <is>41tz s +----I- BLDG ---�-- r — T —I —r-- — — UPPER OF /� - r-7 - --- 22P-2uT I 1 I I _ _ _ _ MAZZIOWER _ _ � ROOF ll 210'-31I6" V _ _ _ _ c - - 1005E Id"v _�-- 1IN-6E ITV �rytaeyJ I 1 I I I L c - T_UE 314VI1& I I .I II 0 - _ 2 LEVELS 0 1d6'-5" I I I I I I I I LE3SI'VEL 1-9' I I I EAST ELEVATION f116"=1'0" 17 16 15 1444 14 13 12 11 10 9 8 7 6 6 4 3 2 1 -�- ' - - t l - x - -- t MAX. BLOC -UP219100LLR' _ _rI _T _ _-- _ - FO _-®T_-- _® BID -LOWER V/V - IPE PI � __EE3-VV2B�EE - -zlI 1SI0V]L4]e - _EL"�l EET IITLE. - - - --- - - - -I --T - --r - r y----I - -I--rt- - T S EXTERIOR ELEVATIONS _ I I I I ,s I I z I I I I I Ito I I I I I I I t, I I I I Ito I I LEVEL 1 n 138'-9' I I I x l I City Council 33 — 91 11/21/2023 B.. A3.01 AM�e„TNA„3ad,�taM,d�tA„„�1,2,5,1„-M,m�� �.M r itii��i 12 !!!nu!!!!m lum gnni111nnIp a� ilnni n91!!!! 114- 14 ICIICI LE ��L—L Um HIM!IICI ill PIT[ �M11 IC�I�Ir IILL11. r IIIIIIICI--'ICCICI LE— 311 r - IIIIII L 0,11 O © © O I�i'I-1l1i' _--=ENFI�on�II0!rli1lil-l�g!u!�l■0��P 1I uuInIIlg�lI I�Il I�II�II�II�III IIIIIIIII I�1I1III1I�II� I Fl u IN 011Io Il�°IIrY� oaiisu�oeollI�liIII i I 111 1 ■aWIo! yI��� i IIIII I IIII I im 1 oaal000a oea=aas— I II I IIIL,I IIIII jpll�ll■11 III��I��I �I _ IIIII I IIII I IIII I I� .nor_. un•_, �aaCoo,i, =11IMMIa� .. .m . �... 149'-5' _ _ _ �EVEL.1 n _ LEVELI � 38'-9• V 136'-9' V { NORTH ELEVATION B SOUTH ELEVATION A v1s•=ra J 10 11 12 I I I � — I I t — y — 149'- EVELI 1..; WEST ELEVATION 1116"=1'-6" 13 14 16 1Y.4' 15 17 MAX B 223' U PER ROOF I I I M LOWER — ROOF I\ 219'-3114° V I _—L'i 126' 9' SOUTH ELEVAITON City Council 33 — 92 11 /21 /2023 AM�.,,�J,Sv4eMeM.LLmnAY2s9,6,-M.m�� A�6.M z w N o� s o s g� ps _ <a i� H G F E Q Q \yJ 10 11 12 13 14 14.4 15 16 17 oIII I I I IIi I I I I I I I � C I I � ER ROOF l LOWER MLWER ROOF LEVEL] 300 5i14' V -- 00'-5114' V ®- 66II�� 9 BE�& cotaeyJ . - 100'�IE314' V - 4 I180 ]3l4 _ _ EVELS I� _EVEL4\40p? _ _ _ LEVEL4 _ 1]0�ZF, as -!E=2 U: LEVELS I I I ,E6YOEL �l 160'� _ - _ - - - - _ - - - - _ _ 149-5' V --------------�- -�-------I-L-T-- COURTYARD ELEV.- EAST 2 COURTYARD ELEV: NORTH %� ll,6• COURTYARD i I 15 14.4 14 13 12 11 10 l a 1 l e t l i) l ti) rt- t - t - -I 149 -5' V I I I I I I 130 9 I I I I I I RT YARD O IlNiiMi gggI elgagg"NalII �g°� ggg elgema0!'II1I11 pi I FiFmA FWn ■■I■R�N§111 ,,.�. ! 11■■Illllllfil�IIII �° °-! �°[-°]�1111�11.■IIII�■� Ifall■�Illlllllfl■1111 '-° '° °'IC]■11'fl�l�lllll■■l' ! WE■KFROrI= OIL RRISEN W 11 E11I1■ 0 lfi_I■■�IIIII�rl�111I �! �! e!1 °� �11'111R■IIIII■� �fi_I1■��I�Ill�rl■�■ '° - -1 °° ■■ Ihli ■I�I■�_�'�_ , r ., . 11101IMEI M'1■1■■I01 BUILDING SECTION 2 v,e•=rn° L loco., KIN 1111111110111 .. me 11 IN 11101LI -in] L I 1 M is 11111111MM�111 Mill- 071 nip°1� IN10!1 wlu�i°,u�'�'u�io, °���°i��'.�° �° MMIL �1�h���i��! mm, nI N. I ���� ■I1 l°Irl�H�� o!I°I�Ii°,��� °!, °u�i°i����IL�°'■III■III �I�LI�'■���■��� �° iu°dleu� °!�!! •-�— tuolii.! °u1� °1mreK'.°ON�°'■1i� ..�.�! n..1.me .e r ■� !°If�� u.'.°In'�°u !!1 pe, �! !° �i°I{I°u■ _i °��l9 �19�eeee uu�min°° !lI�CI u°I !°■ u° uv■ °q�l!°ij u° �.'i'l�I�ii mm Vnl■G�'u��I�V�I��■I��I■VII�11�■III MIND r ■Ill■P���9�I�R��,■�R■II■RI■11■r,l■I■■®I :: r BUILDING SECTION 1 City Council 33 — 94 11 /21 /2023 .01 I g9Iuu x vlapx I REsbEN,uL I WfeL�3EG'�f6ht� " —City Council 4xl�e„�J,5a4eMxMx4LmnApemnenYnU,O,-�xm�� �.M I M4ZZ/LOWER M4IIlLOWER ROOF I� _ _ _ _ _ - _ - _ ROOF I� 21tl-3114' I 21tl-3114�' LEVEL] I� _ _ _ _ _ LEVEL_1. n _ 20tl-5114' 1 209-5114' V Ux 'yrt i8 19tl LEtl-816 L_EVELB _ LEVE 180'-i 314' _LEVEL4 I� _ _ _ L,VEL4 l� _ Pa-9' V ia-s" V _LEVELS Il _ L18tl-9'- L3 _ 180'-9" I V _LEVEL 138'-9' V LEVELB 125'-9" 11 /21 /2023 10 EVEL1 E EL2I 149'-5 _ Mfl & _ _ 1, 13L WALL SECTION 5 WALL SECTION @ CORRID---- City Council 33 — 96 Aub4eskOwsJlSVAe Me Me4lmn ApemnenY2s0,01-MeGwn NN.M uWi'� 595 It1.085.uY4�, LEVEL_ b & i]8' LEVELS I� i6tl-9' LEVEL2 /� 149 -8" V EVEL E 9" LEVEL. _ 3.I� 168'-9' V LE El 149 -8" V a siouirW L_ is plt LEVEL. __i_n 138'EVEL-9' oE LEVELB I� _ _ _ LEVELB I� 128'-9' 1 128�9' 1 WALL SECTION 4 r�� 11 /21 /2023 A4.11 GRAND STAIR SECTION B l4' ,-- J E9E ,ea-9� LEVEL2 n LEVE_ _ _L , r 138' 9' V . SECTION A RAND STAIR City C ncil 33497 LEVEL 3 - GRAND STAIR 4 AubtleskawsJlSeme Me Metl'mnApemnentl710101-0.bGwn NN.m 11 /21 /2023 LEVEL 2 - GRAND STAIR 1 1l4' -' A5.01 12 --- 12 F - - - -- - - --. MADJLOWaER �o I ROOF ® z,a-v� I I 20a-5114' z J$ �mf I LEVELfi�� O I � WALKWAY CROSS SECTION 0'A� I „4"=,. 2 MADJLOWER as LA I _ _ROOF O 0 O 0210 311� 200'ES iLPTI I z E a I ' k LEVEL 7 - ENLARGED BRIDGE PLAN LEVEL 6 - ENLARGED BRIDGE PLAN BRIDGE CROSS SECTION 2 K I I I - - - - - - O - -- I I I —_—_ _—_—_—___—__ M4IIlLOWER I 1 I - _ I _ — _ — _ — _ — _ — _ — _ — _ — _ _ - I I LE - --- SOa-5114' 1 'ji — — SHEU -LE ENLARGED BRIDGE PLANS / _ I I _ T ivaea I I MAZZILOWER ROOF - ENLARGED B P N „<' ,' " 7 33 - 98 BRIDGE ELEVATI(�,$y,,,,,,,, a"=ro" I A5.02 LEVELS�I ifi0'-y V E149VEL2 & '-5" POOL SECTION llG' = — ••F SPASECTION - LE 16 91 V EL S� 14V L2 145-5' _ � l I I I I I sw LEVEL 2-ENLARGED POOL AND SPA POOL AND SPA SECTION PLAN Ira^= r-a• G 114' = r-o• City Council 33 — 99 11/21/2023 � I I I � I I I I D I a P I IB I I I I I I I � I � I I REF I \RGED L AND z 14- .4 14-4 MIN — - --------- I ------------ — — — — — — — — — — — — --- ------------------- �ZZ2 o zi -- — — — — --------------- — — — — — H — — — — — — — — — — 77777777777777 Jl 81-1 LEASING OFFICE ENLARGED PLANIRCP CitYkUDWILS SHE- 33-100 11 21 2023 RCP LEVEL 1 LEASING OFFI A5.1 0 C :i I74f--7 LEVEL 3 - FITNESS ROOM RCP %� 13 City Council LEVE-FITNESS ROOM anoee:xow�ns�m a�a wba�aoaa�unoroi-u,m�o� am.m LEVEL3-CLUBROOM RCP va• = r-o^ J 10 I I as I ------------�-- -� -----------�-- -� it e I - ---UL I 1 j' I I I I I I I 33 — 101 LEVEL 3-CLUBROOM 11 /21 /2023 3ROOM/ ESS M LEVEL 13 z 'a$ Jj Z I � I,. LEVEL 4—YOGA ROOM RCP 2 va'=,•a' 13 i i BID i B� � snEe-r mom. YOGA ROOM LEVEL4 i i City Council 33 — 102 11/21/2023 B.- LEVEL 4 - YIOGA ROOM 1 A5.12 e, ,s M.Wd.AP—o,o,-m.—M 14 14.4 i6 16 7 I I I z w N oU u �V� TE I — --;---- - - -, ---,- f - - - -------- -�J 8 fl - _ L_ O Le U�wsm I I I a ❑ ¢ F aomaa _ O Z I � I o i LF ,roai LEVEL 7- ROOF LOUNGE 1 'w - ---------- 77 srE� nr�. ROOF LOUNGE LEVEL7 L City Council 33 - 103 LEVEL 7 -ROOF LOUNGE 2 n 111="-v ` 11 /21 /2023 A5.13 REFER TO OVERALL PLANS FOR EXTERIOR WALL CONFIGURATION j PER OVERALL PLANS 714- I ___________________ �a_____ __ ____________________ I ! I rl KITCHEN r r r r ' r r r r r r r - BEOROOM3 BALCONY DINING "--" CLOSETS UI K3 -- la r � it City Co aaaP MIVNwr I AMme:xow�nsnnmAna Ll,awnAoamr�nuzzo,ol-M,maon A,m.m REFER TO OVERALL PLANS FOR EXTERIOR WALL CONFIGURATION -------------------------------- ______________________ I DINING BED ®------- LIVING KITCHEN r r -------II�-I Il I CLOSET: W'/➢1� �V� L _ -p--BATH-. 16-8" UNIT PLAN-ST GENERAL NOTES 1. SEE SHEET A3.0: UNIT KITCHEN PLANS AND UNIT BATHROOM PLAN FOR ALL DETAIL DIMENSIONS AND CLEARANCES. 2. LIGHTS TO BE CENTERED IN CEILING AREA WITHIN ROOM Z UNLESS NOTED OTHERWISE. 3. ALL PLUMBING, MECHANICAL AND FILE CTRICALEpUIPMENT O om SHALL BE KEPTASTIGHTAS POSSIBLE TO FLOOR STRUCTURE o O rcd 4. FOR FIRE BARRIER LOCATIONS PLEASE REFER TO THE COMPOSITE FLOOR PLANS. r Vza 5. EVERY DWELLING MUST BE PROVDIED WITH SMOKE ALARM a w= PER PLANS FOR LOCATION AND ICA-FO WIRN(90].2.1.0)-SEE ELDEVICES ELECTRICAL FOR WIRING. 6. OPERABLE PORTION OF ANY WINDOW MUST BE 3' MIN AWAY FROM EXHAUST VEM OR DUCT. EXHAUST DUCTS SHALL TERMINATE A MIN. OF 3' FROM OPENINGS INTO THE BUILDING. IN ALL FIRE RATED PARTITION WALLS SHALL BE UNINTERRUPTED. INTERIOR WALLS SHOULD BE OVER RATED DRYWALL. 8. IT IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY WINDOW/ DOOR R.O.FOR AND LOCATIONBPRIOR TO INSTALLATION., IN SL EGRESS 9. WINDOWS IN SLEEPING ROOMSMUSTIT EMSIG 5.]SF OF OPENING WITH2P CLEAR OPENING IN SII- C-AECLEAR WIDTH,REQUIREM WIDTR26"INHEIOF TAND HE WIND W SUPPLIE- SILL R IT THE EIGHTTo ENSURE RESPONSIBILITY OF THE WINDOW SUPPLIER TO ENSURE THAT 8 f WINDOWSCOMPLY WIT HNN DOOR ASSEMBLIES $H APARTMENT -UNIT WITN—KETROR END. AND CORRIDRAFT ORS SMOKERS SH 0 5 3 z I CONTRALL OL, FRAME CONTROL. ODOR AND FRAME OF SUCH ASSEMBLIES SHALL BEAR AN DOOR A SHALL APPROVED LAB EL SHOWING THE RATING FOLLOW BY THE LETTER NAME OF THE MANUF. AND THE I.D. OF THE LISTING SERVICE, ALONG WITH WITH A PEEP HOLE. 11. LOCATETHESMOKEALARMA MIN. 20 FEET FROM _ .-a PERMANENTLY INSTALLED COOKING APPLIANCE. 2019 CFC W7.2.10.8(NFPA]229.8.3dIEXCEPTI0N1-ALLOWIONI TIONSMDKE OQ�E;az aFao✓,aa ALARMS III FEET OR GREATER AWAY. EXCEPTION2-ALLOWS PHOTOELECTRIC SMOKE GREATER THAN 6 FEET FROM PERMANENTLY INSTALLED COOKING APPLIANCE WHERE THE KITCHEN OR COOKING AREA AND ADJACENT SPACES HAVE NO CLEAR INTERIOR PARTITIONS AND THE 10-FOOT DISTANCES WOULD PROHIBIT THE PLACEMENT SEA ,^ 5'6� SMOKE BRSECTIONS . NFOECODE FLOOR PLANKEY NOTES 0 iYMBOL DESCRIPTION , 42- HT. 2 BALCONY BALCONY DECK WITH WATERPROOFING YDECK WITH A 3 MECHANICAL SHAFT 4 DOOR BUZZER NOUNTE141- -.1. MAX. AND CONNECTED TO PERMANENT WIRING(HARDWIRED) as 5 STACKABLE FRONT LOADING WASHER AND DRYER SELECT BY OWNER, PROVIDE LOUVERED DOOR. 6 1-HR RATED PROTECTION AT INTERIOR POSTISHEAR PANEL ] DISH WASHER UNDER COUNTERTOP 0 30' ELEC. IGNITION GAS RANGE DOOROPENING WITH TEMPEREDGIASS. SHOWER FLOOR WITH—PERFT.SLOPETODRAIN. SEEACCESSIBILITYNOTE # 5. PROVIDE A 2" MAX. THRESHOLD AND HAVE A BEVELED OR SLOPED ANGLE NOT EXCEEDING 1 UNIT VERTICAL IN 2 UNITS UNIT PLAN CEILING KEYNOTES REFER TO OVERALL PLANS FOR EXTERIOR WALL CONFIGURATION 33 WINDOW EXTERIOR SHADING DEVICE, MERE OCCURS, SEE ELEVATIONS. 1 5 6' _I I 34 WEEP SCREEDNENT SCREED AT EXTERIOR SOFFRISALCONY ____________________________ 1 LEGEND O DOOR#SEESHEETA].1 WINDOWTYPE,SEE LET DINING WINDOW SCHEDULE WH. WATR HEATER WITH 30" HVAC HVAC FAN UNIT HT. BUILD OUT BOX # KRCHENIBATHROOM TYPE 1...1 GRID LINE A DETAIL#/SHEET# ------- ELECTRICAL PANEL INCANCEILINDESCENT ESSEDHTING RECESSED E.P. ® MOISTURE C.C. COMMUNICATION CONTROL BOX MOISTURE PROTECTED Orervn: BID ® KITCHEN I r , LIVING q' ® SMOKE DETECTOWALARM-SEE C) INCANDESCENT LIGHTING NOTE 11 CEILING MOUNTED ® CARBON MONOXIDE IQ WALL MOUNTED LIGHT DETECTOR/ALARM QT THERMOSTAT D DOORBELL iwaelwaew,e: al�lAa 00 SET O I------- O ❑ d" CEILING RECESSED Q EXHAUST FAN W/ HUMIDITY °rzt/xzs tWxW INCANDESCENT LIGHTING SENSOR W/MIN. 50 CFM DI TELEVISION/CABLE OUTLET N TELEPHONE OUT -ET _ SYMBOL DESCRIPTION DETAIL CONCRETE WALL --__--- ---- - CMU WALL SHEET TITLE'. ENLARGED UNIT PLANS 3 HR. RATED WALUPARTY WALL 14/A7.31 ® 2 HR. RATED SHAFT WALL ] /A].31 _ _ ® 1 HR, RATED PARTY WALL 10 /A] 31 I HR RATED CORRIDOR WA L 3/A].31 PLAN -UNIT ST-01 INTERIOR WALLW/WOODSTUDW/ONE LAYER GYP. BD. ON EACH SIDE A5.20 REFERTO OVERALL PLANS FOR EXTERIOR WALL CONFIGURATION ------------------------------------- I � _f BEDROOM TLIVING I I CLOSET DINING BATHROOM WI _ Y ___ i(iL•____ _ -- - it 2a'-r PLAN -UNIT REFER TO OVERALL PLANS FOR EXTERIOR WALL CONFIGURATION _____ ------------------- -- ' _coM LIVING L_ � BEDROOM S a O O DINING. n a � I I —I I CLOS p 8_-0"CEIUNG 5'-11" 10'-5' 23' 2- REFER TO OVERALL PLANS FOR EXTERIOR WALL CONFIGURATION GENERAL NOTES 1. SEE SHEET A3.0: UNIT KITCHEN PLANS AND UNIT BATHROOM PLAN FOR ALL DETAIL DIMENSIONS AND CLEARANCES. 2. LIGHTS TO BE CENTERED IN CEILING AREA WITHIN ROOM Z UNLESS NOTED OTHERWISE. 3. ALL PLUMBING, MECHANICAL AND FILE CTRICALEpUIPMENT O om SHALL BE KEPTASTIGHTAS POSSIBLE TO FLOOR STRUCTURE o O rcd 4. FOR FIRE BARRIER LOCATIONS PLEASE REFER TO THE COMPOSITE FLOOR PLANS. r Vza 5. EVERY DWELLING MUST BE PROVDIED WITH SMOKE ALARM a w= PER PLANS FOR LOCATION AND Al -FOR IRN(90].2.1.0)-SEE ELCTDEVICES ELECTRICAL FOR WIRING. 6. OPERABLE PORTION OF ANY WINDOW MUST BE 3' MIN AWAY FROM EXHAUST VEM OR DUCT. EXHAUST DUCTS SHALL TERMINATE A MIN. OF 3' FROM OPENINGS INTO THE BUILDING. IN ALL FIRE RATED PARTITION WALLS SHALL BE UNINTERRUPTED. INTERIOR WALLS SHOULD BE OVER RATED DRYWALL. 8. IT IS THE CONTRACTOR'S RESPONSIBILITYVERIFY WINDOW/ DOOR R.O.FOR AND LOCATIONBPRIORTO INSTALLATION., IN SL EGRESS 9. WINDOWS IN SLEEPING ROOMSMUSTIT SII' C_AEGLEAR EMSIG 5.7SF OF OPENING WITHEIGCLEAR OPENING IN WIDTH,REQUIREM WIDTR26"INHEIOF TAND HE WIND W SUPPLIE- SILL R IT THE To ENSURE RESPONSIBILITY OF THE WINDOW SUPPLIER TO ENSURE THAT 8 f WINDOWSCOMPLY WIT HNN RASENT DOOR $H APARTMENTED IT WITN—KETROR END. S ATAND CORRIDRAFT ORS SMOKERS SH 0 5 3 z I CONTRALL OL, FRAMESHALL CONTROL. ODOR AND FRAME OF SUCH ASSEMBLIES SHALL BEAR AN DOOR A APPROVED LAB EL SHOWING THE RATING FOLLOW BY THE LETTER NAME OF THE MANUF. AND THE I.D. OF THE LISTING SERVICE, ALONG WITH WITH A PEEP HOLE. 11. LOCATETHESMOKEALARMA MIN. 20 FEET FROM _ .-a PERMANENTLY INSTALLED COOKING APPLIANCE. 2019 CFC W7.2.10.8(NFPA]229.8.3dIEXCEPTI0N1-ALLOWIONIZATIONSMDKE 0Q�5:az <F ao✓,aa ALARMS III FEET OR GREATER AWAY. EXCEPTION2-ALLOWS PHOTOELECTRIC SMOKE GREATER THAN 6 FEET FROM PERMANENTLY INSTALLED COOKING APPLIANCE WHERE THE KITCHEN OR COOKING AREA AND ADJACENT SPACES HAVE NO CLEAR INTERIOR PARTITIONS AND THE 10-FOOT DISTANCES WOULD PROHIBIT THE PLACEMENT SEA ,^ 5'6� SMOKE BRSECTIONS . z NFOECODE FLOOR PLANKEY NOTES 0 iYMBOL DESCRIPTION 1 62" BALCONY RAILING 2 BALCONY DECK WITH WATERPROOFING 3 MECHANICAL SHAFT 4 DOOR BUZZER NOUNTE141' -.1. MAX. AND CONNECTED TO 5 PERMANENT WIRING(HARDWIRED) STACKABLE FRONT LOADING WASHER AND DRYER SELECT BY as OWNER, PROVIDE LOUVERED DOOR. 6 1-HR RATED PROTECTION AT INTERIOR POSTISHEAR PANEL ] DISH WASHER UNDER COUNTERTOP 0 30' ELEC. IGNITION GAS RANGE DOOROPENING WITH TEMPEREDGIASS. SHOWER FLOOR WITH—PERFT.SLOPETODRAIN. SEEACCESSIBILITYNOTE # 5. PROVIDE A 2' MAX. THRESHOLD AND HAVEA BEVELED OR SLOPED ANGLE NOT EXCEEDING 1 UNITVERTICAL IN 2 UNITS HORIZONTAL. UNIT PLAN CEILING KEYNOTES LEGEND U DOOR #SEE SHEET A7.1 WINDOW TYPE, SEE WINDOW SCHEDULE WH. WATR HEATER WITH 30" HVAC HVAC FAN UNIT HT. BUILD OUT BOX KITCHENIBATHROOM TYPE 1. GRIDLINE #DETAIL#/SHEET# INCANDESCENT LIGHTING EELECTRICAL PANEL .P. ® CEILING RECESSED C.C. COMMUNICATION CONTROL BOX MOISTURE PROTECTED BID ® SMOKE DETECTOWALARM-SEE 0 INCANDESCENT LIGHTING NOTE 11 CEILING MOUNTED ® CARBON MONOXIDE IQ WALL MOUNTED UGM GETEUo"ALARM om Qr THERMOSTAT D DOORBELL i'®IAa d" CEILING RECESSED Q EXHAUST FAN WI HUMIDITY °rzt 1tooxW INCANDESCENT LIGHTING SENSOR W/MIN. 50 GEM 1—CH— IS TELEVISION) CABLE OUTLET N TELEPHONEOUTLET _ — SYMBOL DESCRIPTION DETAIL CONCRETE WALL ® CMU WALL SHEET TITLE. ENLARGED ® 3 HR. RATED WALIIPARTY WALL 14IA7.31 UNIT PLANS ® 2 HR. RATED SHAFT WALL ] )A].31 ® 1 HR. RATED PARTY WALL 10 /A] 31 :71 HR RATED CORRIDOR WALL 3)A].31 INTERIOR WALL W)WOODSTUDWIONES. LAYER GYP. BD. ON EACH SIDE EET# A5.21 F FIER I o XTERIORWAI-I-CONFIGI—ON SS' -4' 3' 4" BALCONY LIVING BEDROOM I I I I II I J I DINING CLOSET O rc w � ' IF � I 3T-33- InrII C'ty PL7 9-Y QJP1 g-06 1l4' =1'L' J AUNtleskOwsJl0v0e Ane Metl'uanAtl2s0101-MeGwn MA.M PLAN -UNIT 1N5— 1 06 1-1.4E 2 REFER TO OVERALL PLANS FOR EXTERIOR WALL CONFIGURATION GENERAL NOTES 1. SEE SHEET A3.0: UNIT KITCHEN PLANS AND UNIT BATHROOM PLAN FOR ALL DETAIL DIMENSIONS AND CLEARANCES. 2. LIGHTS TO BE CENTERED IN CEILING AREA WITHIN ROOM Z UNLESS NOTED OTHERWISE. 3. ALL PLUMBING, MECHANICAL AND FILE CTRICALEpUIPMENT O om SHALL BE KEPTASTIGHTAS POSSIBLE TO FLOOR STRUCTURE o O rcd 4. FOR FIRE BARRIER LOCATIONS PLEASE REFER TO THE COMPOSITE FLOOR PLANS. r Vza 5. EVERY DWELLING MUST BE PROVDIED WITH SMOKE ALARM a w= ELCTDEVICES PER Al IRN(90].2.1.0)-SEE PLANS FOR LOCATION AND ELECTRICAL FOR WIRING. -FOR 6. OPERABLE PORTION OF ANY WINDOW MUST BE 3' MIN AWAY FROM EXHAUST VEM OR DUCT. EXHAUST DUCTS SHALL TERMINATE A MIN. OF 3' FROM OPENINGS INTO THE BUILDING. IN ALL FIRE RATED PARTITION WALLS SHALL BE UNINTERRUPTED. INTERIOR WALLS SHOULD BE OVER RATED DRYWALL. 8. IT IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY WINDOW/ DOOR R.O.FOR AND LOCATIONBPRIOR TO INSTALLATION., IN SL EGRESS 9. WINDOWS IN SLEEPING ROOMSMUSTIT SII- C-AEGLEAR EMSIG 5.7SF OF OPENING WITHEIGCLEAR OPENING IN WIDTH,REQUIREM WIDTR24"INHEIOF TAND HE WIND W SUPPLIE- SILL R IT THE To ENSURE RESPONSIBILITY OF THE WINDOW SUPPLIER TO ENSURE THAT 8 f WINDOWSCOMPLY WIT HNN DOOR ASSEMBLIES $H APARTMENT -UNIT WITN—KETROR END. AND CORRIDRAFT ORS SMOKEAND DRAFT SH 0 5 3 z I CONTROL. ODOR AND FRAME OF SUCH ASSEMBLIES SHALL BEAR AN CONTRALL OL, DOOR FRAMEA APPROVED LAB EL SHOWING THE RATING FOLLOW BY THE LETTER NAME OF THE MANUF. AND THE I.D. OF THE LISTING SERVICE, ALONG WITH A PEEP HOLE. WITH 11. LOCATETHESMOKEALARMA MIN. 20 FEET FROM _ .-a PERMANENTLY INSTALLED COOKING APPLIANCE. 2019 CFC W7.2.10.8(NFPA]229.8.341EXCEPTIONI-ALLOWIONI TIONSMDKE OQ�n:az <F ao✓,aa ALARMS III FEET OR GREATER AWAY. EXCEPTION2-ALLOWS PHOTOELECTRIC SMOKE GREATER THAN 6 FEET FROM PERMANENTLY INSTALLED COOKING APPLIANCE WHERE THE KITCHEN OR COOKING AREA AND ADJACENT SPACES HAVE NO CLEAR INTERIOR PARTITIONS AND THE 10-FOOT DISTANCES WOULD PROHIBIT THE PLACEMENT SEA ,^ 5'6� SMOKE BRSECTIONS . NFOECODE FLOOR PLANKEY NOTES 0 iYMBOL DESCRIPTION 1 42" BALCONY RAILING 2 BALCONY DECK WITH WATERPROOFING 3 MECHANICAL SHAFT 4 DOOR BUZZER NOUNTE141- -.1. MAX. AND CONNECTED TO 5 PERMANENT WIRING(HARDWIRED) STACKABLE FRONT LOADING WASHER AND DRYER SELECT BY Qa OWNER, PROVIDE LOUVERED DOOR. 6 1-HR RATED PROTECTION AT INTERIOR POSTISHEAR PANEL ] DISH WASHER UNDER COUNTERTOP 0 30' ELEC. IGNITION GAS RANGE OPENING WITH TEMPERED GLASS. SHOWER FLOOR —PERFT.SLOPETODRAIN. SEEACCESSIBILITYNOTE I UNIT PLAN CEILING KEYNOTES I LEGEND U DOOR #SEE SHEET A7.1 WINDOW TYPE, SEE WINDOW SCHEDULE WH. WATR HEATER WITH 30" HVAC HVAC FAN UNIT HT. BUILD OUT BOX KI HIBATHROOMTYPE 1. GRIDLINE A_ DETAILpISHEET# INCANDESCENT LIGHTING EELECTRICAL PANEL .P. R CEILING RECESSED C.C. COMMUNICATION CONTROL BOX MOISTURE PROTECTED ® SMOKE DETECTOWALARM-SEE 0 INCANDESCENT LIGHTING NOTE 11 CEILING MOUNTED ® CARBON MONOXIDE 1Q WALL MOUNTED UGM GETEUo"ALARM Qr THERMOSTAT D DOORBELL 4" CEILING RECESSED Q EXHAUST FAN WI HUMIDITY vo 1tooxW INCANDESCENT LIGHTING SENSOR WIMIN. 50 GEM _ ® TELEVISION) CABLE OUTLET N TELEPHONEOUTLET SYMBOL DESCRIPTION DETAIL — CONCRETE WALL ® CMU WALL SHEET TITLE. ENLARGED ® 3HR. RATED WALI?ARTY WALL 14IA7.31 UNIT PLANS ® 2 HR. RATED SHAFT WALL ] )A].31 ® 1 HR. RATED PARTY WALL 10IA731 1 HR. RATED CORRIDOR WALL 3)A].31 PLAN -UNIT 1B-04 o -=11 .22 REFER TO OVERALL PLANS FOR EXTERIOR WALL CONFIGURATION ______________________ I I 14'-5' --------------- BALCONY ---------------- 1 I ' DINING O REFER TOVERALL PLANS FOR EXTERIOR RI TO WALLCONFIGURATION __ I _F 1 BALCONY ' ------------------- ' 1 I BEDROOM-1 LIVING CLOSET BATH-1 DINING BEDROOM-2 CLOSET — -- W/ KITCHENIL -- ------j----- r — -I ___-- - -- -- -- �BATH-2 I I REFER TO OVERALL PLANS FOR EXTERIOR WALL CONFIGURATION GENERAL NOTES 1. SEESHEETA3.0: UNIT KITCHEN PLANS AND UNIT BATHROOM PLAN FOR ALL BETAIL DIMENSIONS AND CLEARANCES. 2. LIGHTSTOBECENTERED IN CEILING AREA WITHIN ROOM Z UNLESS NOTED OTHERWISE. 3. ALL PLUMBING, MECHANICAL AND ELECTRICAL EQUIPMENT w p om SHALL BE KEPT AS TIGHT AS POSSIBLE TO FLOOR STRUCTURE o O rcd g 4. FOR FIRE BARRIER LOCATIONS PLEASE REFER TO THE COMPOSITE FLOOR PLANS. <Vza 5. EVERY DWELLING MUST BE PROVDIED WITH SMOKE ALARM a w= DE VICES PE PLANS FOR LOCATION AND i Fn ION(90].2.1.0)-SEE ELERING. FOR WIRING. CTRICAL FOR WI 6. OPERABLE PORTION OF ANY WINDOW MUST BE 3' MIN AWAY FROM EXHAUST VEM OR DUCT. EXHAUST DUCTS SHALL TERMINATE A MIN. OF 3' FROM OPENINGS INTO THE BUILDING. I ALL FIRE RATED PARTITION WALLS SHALL BE UNINTERRUPTED. INTERIOR WALLS SHOULD BE OVER RATED DRYWALL. 8. IT IS THE CONTRACTOR'SRESPONSIBILITY VERIFYWINDOW/ I DOOR R.O.FOR TYPES AND LOCATIONS MUST MEET INSTALLATION. 9. WINDOWS IN SLEEPING ROOMSRPENING LEAR EGRESS IT 211' EMSIG 5.7SF OF OPENING WITH2P CLEAR OPENING IN WIDTH,REQUIRED WIDTH,24"INHEIGHTAND HE WIND W UPPLIER HEIGHT TOEN LT ISURE THE RESPONSIBILITY OF THE WINDOW SUPPLIER TO ENSURE THAT 8 f WINDOWS COMPLY WITH THIS REQUIREMENT 10. APARTMENTED IT WITH TRY GASKETS ASKE S FORASSE EAND CORRIDRAFT ORSSMALL GASKET SMOKE 0 5 3 z rc $ CONTROL DOOR AND FRAME SUCH A ES SHALL B CONTROL. DOOR ANO FRAME OF SUCH ASSEMBLIES SHALL BEAR ANAPPR NAMEFTHE BEL DiASHOWIN THETHE T OFATING LLOW TING S THE LETTERS", NAME OF THE MANUF.AND THE I.D.OF THE LISTING SERVICE, ALONG WITH A PEEP HOLE. 11. LOCATE THESMOKEALARMA MIN. 20 FEET FROM _ PERMANENTLY INSTALLED COOKING APPLIANCE. 2019 DEC W7.2.10.8(NFPA7229.8.34)EXCEPTION I- ALLOW IONIZATION SMOKE 'Ns OQ�E; az <F ao✓,aa ALARMS 10 FEET OR GREATER AWAY. EXCEPTION2-ALLOWS PHOTOELECTRIC SMOKE GREATER THAN 6 FEET FROM PERMANENTLY INSTALLED COOKING APPLIANCE WHERE THE KITCHEN OR COOKING AREA AND ADJACENT SPACES HAVE NO CLEAR INTERIOR PARTITIONS AND THE IO-FOOT DISTANCES WOULD PROHIBIT THE PLACEMENT OF A ,^ SMOKE DETECTOR REQUIRED BY OTHER SECTIONS OF THE CODE. O FLOOR PLAN KEY NOTES O z 0 iYMBOL DESCRIPTION 1 42" HT. BALCONY RAILING 2 BALCONY DECK WITH WATERPROOFING 3 MECHANICAL SHAFT 4 DOOR BUZZER MOUNTED 48" AF.F. MAX. AND CONNECTED TO 5 PERMANENT WIRING(HARDWIRED) STACKABLE FRONT LOADING WASHER AND DRYER SELECT BY Qa OWNER, PROVIDE LOUVERED DOOR. 6 1-HR RATED PROTECTION AT INTERIOR POSTISHEAR PANEL ] DISH WASHER UNDER COUNTERTOP 6 - ELEC. IGNITION GAS RANGE OPENING WITH TEMPERED GLASS. SHOWER FLOOR —PERFT.SLOPETOMAIN. SEEACCESSIBILITYNOTE I UNIT PLAN CEILING KEYNOTES I LEGEND U DOOR#SEESHEETA].1 WINDOWTYPE,SEE 1-1 WINDOW SCHEDULE WH. WATR HEATER WITH 30' HVAC HVAC FAN UNIT HT. BUILD OUT BOX KITCHENIBATHROOM TYPE 1. GRIDLINE #DETAIL#/SHEET# INCANDESCENT LIGHTING 0 EELECTRICAL PANEL .P. ® CEILING RECESSED C.C. COMMUNICATION CONTROL BOX MOISTURE PROTECTED BID ® SMOKE DETECTOWALARM-SEE 0 INCANDESCENT LIGHTING NOTE 11 CEILING MOUNTED ® CARBON MONOXIDE IQ WALL MOUNTED LIGHT DETECTOR/ALARM om Qr THERMOSTAT D DOORBELL YNIAa 4" CEILING RECESSED Q EXHAUST FAN WI HUMIDITY— t DD INCANDESCENT LIGHTING SENSOR W/MIN. 50 OEM _ ® TELEVISION) CABLE OUTLET N TELEPHONE OURET SYMBOL DESCRIPTION DETAIL — CONCRETE WALL — ® CMU WALL SHEET TITLE. ENLARGED ® 3 HR. RATED WALLPARTY WALL 14IA7.31 UNIT PLANS ® 2 HR. RATED SHAFT WALL ] )A].31 ® 1 HR, RATED PARTY WALL 10 /AT31 1 HH.-I MCORRIDOR WALL 3)A).31 .23 GENERAL NOTES 1. SEESHEETA3.0: UNIT KITCHEN PLANS AND UNIT BATHROOM PLAN FOR ALL BETAIL DIMENSIONS AND CLEARANCES. 2. LIGHTSTOBECENTERED IN CEILING AREA WITHIN ROOM Z UNLESS NOTED OTHERWISE. w p om 3. ALL PLUMBING, MECHANICAL AND ELECTRICAL EQUIPMENT SHALL BE KEPT AS TIGHT AS POSSIBLE TO FLOOR STRUCTURE o O rcd g 4. FOR FIRE BARRIER LOCATIONS PLEASE REFER TO THE COMPOSITE FLOOR PLANS. <Vza 5. EVERY DWELLING MUST BE PROVDIED WITH SMOKE ALARM a w= DE (90].2.1.0)-SEE PLANS FOR LOCATION AND GTPIG _ FOR WIRING. ELECTRICAL FOR WIRING. 6. OPERABLE PORTION OF ANY WINDOW MUST BE 3' MIN AWAY FROM EXHAUST VEM OR DUCT. EXHAUST DUCTS SHALL TERMINATE A MIN. OF 3' FROM OPENINGS INTO THE BUILDING. I ALL FIRE RATED PARTITION WALLS SHALL BE UNINTERRUPTED. INTERIOR WALLS SHOULD BE OVER RATED DRYWALL. 8. IT IS THE CONTRACTOR'SRESPONSIBILITY VERIFYWINDOW/ I DOOR R.O.FOR TYPES AND LOCATIONS MUST MEET INSTALLATION. 9. WINDOWS IN SLEEPING ROOMSRPENING LEAR EGRESS IT 211' 5.7SF OF OPENING WITH2P CLEAR OPENING IN WIDTH,REQUIREMEMSIG WIDTH,24"INHEIGHTAND HE WIND W UPPLIER HEIGHT TOEN LT ISURE THE RESPONSIBILITY OF THE WINDOW SUPPLIER TO ENSURE THAT 8 f WINDOWS COMPLY WITH THIS DREQUIREMENT.RAS 10. APARTMENTED IT WITH TRY GASKETS ASKE S FOR GASKET SMOKE EAND CORRIDRAFT ORSSMALL 0 5 3 z rc $ CONTROL DOOR AND FRAME SUCH A ES SHALL B CONTROL. DOOR ANO FRAME OF SUCH ASSEMBLIES SHALL BEAR ANAPPR NAMEFTHE BEL MASHOWIN THETHE T OFATING LLOW TING S THE LETTERS", NAME OF THE MANUF.AND THE I.D.OF THE LISTING SERVICE, ALONG WITH A PEEP HOLE. 11. LOCATE THESMOKEALARMA MIN. 20 FEET FROM _ PERMANENTLY INSTALLED COOKING APPLIANCE. 2019 DEC W7.2.10.8(NFPA7229.8.34)EXCEPTION I- ALLOW IONIZATION SMOKE 'Ns OQ�u: az <F ao✓,aa ALARMS 1G FEET OR GREATER AWAY. EXCEPTION2-ALLOWS PHOTOELECTRIC SMOKE GREATER THAN 6 FEET FROM PERMANENTLY INSTALLED COOKING APPLIANCE WHERE THE KITCHEN OR COOKING AREA AND ADJACENT SPACES HAVE NO CLEAR INTERIOR PARTITIONS AND THE IO-FOOT DISTANCES WOULD PROHIBIT THE PLACEMENT OF A ,^ SMOKE DETECTOR REQUIRED BY OTHER SECTIONS OF THE CODE. O FLOOR PLAN KEY NOTES O z — t1 iYMBOL DESCRIPTION 1 42" HT. BALCONY RAILING 2 BALCONY DECK WITH WATERPROOFING 3 MECHANICAL SHAFT 4 DOOR BUZZER MOUNTED 48" AF.F. MAX. AND CONNECTED TO PERMANENT WIRING(HARDWIRED) Qa 5 STACKABLE FRONT LOADING WASHER AND DRYER SELECT BY OWNER, PROVIDE LOUVERED DOOR. 6 1-HR RATED PROTECTION AT INTERIOR POSTISHEAR PANEL ] DISH WASHER UNDER COUNTERTOP 6 30• ELEC. IGNITION GAS RANGE DOOROPENING WITH TEMPEREDGIASS. SHOWER FLOOR WI7H1/T'PERFT.SLOPETODRAIN. SEEACCESSIBILITYNOTE # 5. PROVIDE A 2' MAX. THRESHOLD AND HAVEA BEVELED OR SLOPED ANGLE NOT EXCEEDING 1 UNITVERTICAL IN 2 UNITS 27-9• 2T-1BE HORIZONTAL. 2T-9' era 1. I'll I UNIT PLAN CEILING KEYNOTES ON �rr�]]11 I I 1111 lii il�ll- - - _ EXTERIOR WALL CONFIGUMTION '----------------- i fir_ Duna ------------ PLAN -UNIT LW-UPPER-02 v4• = ra. AMm•:LDw�ns�m n�•L1,a�Ao•a�uzzolovM•am� A,H.m CLOSET ---------------------------------------------- PLAN-UNIT LW-UPPER-01 I.-=1". T— � I I I I I I i II I 22'I-10• ---- I � BATH-1� � � I ,I _ KITCHEN I LLJ J I� 10 O DINING I LL ! __ OFFICE/LIVING REFER TO OVERALL PLANS FOR EXTERIORWALL CONFIGURATION --------------------------- PLAN-UNIT LW-01 LEGEND O DOOR#SEE SHEET A7.1 WINDOWTYPE,SEE WINDOW SCHEDULE WH. WATR HEATER WITH 30" HVAC HVAC FAN UNIT HT. BUILD OUT BOX # KITCHENIBATHROOM TYPE 1. GRID LINE # DETAIL #/SHEET# INCANDESCENT LIGHTING EELECTRICAL PANEL .P. ® CEILING RECESSED C.C. COMMUNICATION CONTROL BOX MOISTURE PROTECTED —PPER-02 ® SMOKE DETECTOR/ALARM- SEE 0 INCANDESCENT LIGHTING NOTE 11 CEILING MOUNTED ® CARBON MONOXIDE IQ WALL MOUNTED LIGHT DETEGTOR/ALMM Qr THERMOSTAT D DOORBELL 4" CEILING RECESSED Q EXHAUST FAN W/ HUMIDITY °To/iWs tooxW INCANDESCENT LIGHTING SENSOR W/MIN. 50 OEM LW-UPPER-Ot ® TELEVISION) CABLE OUTLET N TELEPHONE oLFMT _ SYMBOL DESCRIPTION DETAIL CONCRETE WALL SHEET TITLE. ® CMU WALL ENLARGED ® 3 HR. RATED WALIIPARTY WALL 141A7.31 UNIT PLANS ® 2 HR. RATED SHAFT WALL ] /A].31 ® 1 HR. RATED PARTY WALL 10 /A] 31 1HR ATFO CORRIDOR WPLL 3)A).31 IMERIORWALL W/WOOD STUD W/ONE LAYER GYP. BO ON EACH SIDE EEf# A5.24 City Council AubtleskOwsJl5v0e Ane Metl'uan ApeSmmtl2s0101-MeGwn MA.M PLAN -UNIT 1L-04PER1 09 il4'=1'L' L GENERAL NOTES 1. SEESHEETA3.0: UNIT KITCHEN PLANS AND UNIT BATHROOM PLANS FOR ALL BETAIL DIMENSIONS AND CLEARANCES. 2. LIGHTSTOBECENTERED IN CEILING AREA WITHIN ROOM Z UNLESS NOTED OTHERWISE. 3. ALL PLUMBING, MECHANICAL AND ELECTRICAL EQUIPMENT w p om SHALL BE KEPT AS TIGHT AS POSSIBLE TO FLOOR STRUCTURE o "Ircd g 4. FOR FIRE BARRIER LOCATIONS PLEASE REFER TO THE COMPOSITE FLOOR PLANS. <Vza 5. EVERY DWELLING MUST BE PROVDIED WITH SMOKE ALARM a w= DE VICES PE PLANS FOR LOCATION AND i Fn ION(90].2.1.0)-SEE ELERING. FOR WIRING. CTRICAL FOR WI 6. OPERABLE PORTION OF ANY WINDOW MUST BE 3• MIN AWAY FROM EXHAUST VEM OR DUCT. EXHAUST DUCTS SHALL TERMINATE A MIN. OF 3' FROM OPENINGS INTO THE BUILDING. I ALL FIRE RATED PARTITION WALLS SHALL BE UNINTERRUPTED. INTERIOR WALLS SHOULD BE OVER RATED DRYWALL. 8. IT IS THE CONTRACTOR'SRESPONSIBILITY VERIFYWINDOW) I DOOR R.O.FOR TYPES AND LOCATIONS MUST MEET INSTALLATION. 9. WINDOWS IN SLEEPING ROOMSRPENING LEAR EGRESS IT 211' 5.7SF OF OPENING WITH2P CLEAR OPENING IN WIDTH,REQUIREMEMSIG WIDTH,24"INHEIGHTAND HE WIND W UPPLIER HEIGHT TOEN LT ISURE THE RESPONSIBILITY OF THE WINDOW SUPPLIER TO ENSURE THAT 8 f WINDOWS COMPLY WITH THIS REQUIREMENT 10. APARTMENTED IT WITH TRY GASKETS ASKE S FORASSE EAND CORRIDRAFT ORSSMALL GASKET SMOKE 0 5 3 z rc $ CONTROL DOOR AND FRAME SUCH A ES SHALL B CONTROL. DOOR ANO FRAME OF SUCH ASSEMBLIES SHALL BEAR ANAPPR NAMEFTHE MA SHOWING THE THE TO OF ING S THE LETTERS", LISOW TING NAME OF THE MANUF.AND THE I.D.OF THE LISTING SERVICE, ALONG WITH A PEEP HOLE. 11. LOCATE THESMOKEALARMA MIN. 20 FEET FROM _ PERMANENTLY INSTALLED COOKING APPLIANCE. 2019 DEC W7.2.10.8(NFPA7229.8.34)EXCEPTION I- ALLOW IONIZATION SMOKE 'Ns OQ�u: az <F ao✓,aa ALARMS 10 FEET OR GREATER AWAY. EXCEPTION2-ALLOWS PHOTOELECTRIC SMOKE GREATER THAN 6 FEET FROM PERMANENTLY INSTALLED COOKING APPLIANCE WHERE THE KITCHEN OR COOKING AREA AND ADJACENT SPACES HAVE NO CLEAR INTERIOR PARTITIONS AND THE IO-FOOT DISTANCES WOULD PROHIBIT THE PLACEMENT OF A ,^ SMOKE DETECTOR REQUIRED BY OTHER SECTIONS OF THE CODE. O FLOOR PLAN KEY NOTES O z 0 iYMBOL DESCRIPTION 1 42" HT. BALCONY RAILING 2 BALCONY DECK WITH WATERPROOFING 3 MECHANICAL SHAFT 4 DOOR BUZZER MOUNTED 48" AF.F. MAX. AND CONNECTED TO 5 PERMANENT WIRING(HARDWIRED) STACKABLE FRONT LOADING WASHER AND DRYER SELECT BY Qa OWNER, PROVIDE LOUVERED DOOR. 6 1-HR RATED PROTECTION AT INTERIOR POSTISHEAR PANEL ] DISH WASHER UNDER COUNTERTOP 6 30" ELEC. IGNITION GAS RANGE DOOROPENING WITH TEMPEREDGIASS. SHOWER FLOOR WIT1—PERFT.SLOPETOMAIN. SEEACCESSIBILITYNOTE # 5. PROVIDE A 2' MAX. THRESHOLD AND HAVEA BEVELED OR SLOPED ANGLE NOT EXCEEDING 1 UNITVERTICAL IN 2 UNITS HORIZONTAL. UNIT PLAN CEILING KEYNOTES 24-0 34 IWEEPSCREEMENTSCREED AT EXTERIOR SOFFITEALCONY REFER TO OVERALL PLANS FOR EXTERIOR WALL CONFIGURATION --------------------------------------------- = LEGEND O DOOR #SEE SHEET A7.1 WINDOW TYPE, SEE LIVING BEDROOM WINDOW SCHEDULE WH. WATR HEATER WITH 30" HVAC HVAC FAN UNIT HT. BUILD OUT BOX # KITCHENIBATHROOM TYPE 1. GRID LINE 4 DETAIL III /SHEET# INCANDESCENT LIGHTING EELECTRICAL PANEL .P. ® CEILING RECESSED C.C. COMMUNICATION CONTROL BOX MOISTURE PROTECTED CLOSET DINING 4w ® SMOKE DETECTOWAl -SEE 0 INCANDESCENT LIGHTING NOTE 11 CEILING MOUNTED ® CARBON MONOXIDE IQ WALL MOUNTED LIGHT UETEGTOR/ALARM w r THERMOSTAT D DOORBELL Q yv/2p?1 00 SET I' W)D O ❑ 4•' CEILING RECESSED Q EXHAUST FAN WI HUMIDITY INCANDESCENT LIGHTING SENSOR WIMIN. 50 OEM °rzt/xzs twxW .____ ® TELEVISION) CABLE OUTLET N TELEPHONEOUTLET _ SYMBOL DESCRIPTION DETAIL i KITCHEN___ CONCRETE WALL SHEET TITLE. CMU WALL BATHROOMr - -TC ENLARGED UNIT PLANS 3 HR. RATED WALLPARTY WALL 141A7.31 2 HR. RATED SHAFT WALL ]A].31 ® 1 HR. RATED PARTY WALL 101A731 1 rvR. RATFO CORRIDOR WPLL 3/A7.31 PLAN -UNIT 1L-01 LOWER 1I4"=1'4J" EE# A5.25 INTERIORWALLW)WOODSTUDW)ONE LAYER GYP. BD. ON EACH SIDE 7 III atal—mass OUR ....... --- LEVEL 2 - CORE 1 111=- 14 14.4 15 T"i .... em - < kRGED E STAIR City Council 33-110 11/21/2023 .31 EBB n LEVEL 3-7 - ELEVATOR 2 m LEVEL 3-7 - STAIR 2.1 LEVEL 1 - STAIR 2 2 5 LE} EL 1 - ELEVATOR 11--, Zj .0 -LE %RGED R PLAN City Council 33 — fq 11/21/2023 LEVEL B - ELEVATOR 2 LEVEL 3 - STAIR 2 LEVEL B�STAIR 2 1— 1'.. 1-1- ..=,-. ( 1 A5.32 T .T ---- �J — LEVEL 3 - STAIR 3 J 4 I LEVEL 2_ STAIR 3� I LEVEL 1 - STAIR 33 1 - L %RGED R PLAN City Council LEVEL 4 -LEVEL 4 -7 STAIR 3R 112 I-- J LEVEL B - STAIR B - STAIR 33 -=r-0' 11 /21 /2023 .33 11 LEVEL 4-19LY1 O U II CI � Aub4eskOwsJlSeme Me Me4lmn ApemnentlY10,01-0.bGwn NN.m L --- - LEVEL3 LSTAIR 4 LEVEL 2 - STAIR 4 -=1'-T J LEVEL 1 - STAIR 4 va• = r-0• G 1 L- LEVEL B - STAIR 4 33 -113 1z I LEVEL 3-ELEVATOR 4 9 11 12 i i LEVEL 2-ELEVATOR 4 D LEVEL 1-ELEVATOR 4 12 i i LEVELB- ELEVATOR 4 %RGED R PLAN 11 /21 /2023 E� A5.34 I LEVEL4 ,]ate LEVE_ L� ifi0'-9' V LEVE_ L 2 n 149-5' V — 7 _LEVEL" — 128-9' — STAIR 2 SECTION B � va" = nfi• J i cL� LEVEL4 _ LEVEL- & fi0-9' ELC _ - 11 EL 149-5. V E C i EVEL1 38'- E . LEVELB City Council STAIR 2 SECTION� EL AubtleskOwsJlSeme Me Metl'wnApemnentl2s0,01-0.bGwn NN.M w N o� 'AIR 33 —114 11 /21 /2023 E� R 1 SECTION STAIR 1 SECTION A �7 UPPER pp -EFkRo-o--& — — 2 16 M—ER ROOF I\ — LEVEL]20V 6114& ..ER LTL 1 HOF 2107311 $ i STAIR 3 SECTION B 2 ___j-,EVE 4 MM� "ILfi lk- I NY A LEVEL —j. W UEV LI _LEVEL2 149 '&VIF 2-,g City Council STA LEV 4 —1v I 1. 4 33 — 115 --LEVE 1 11/21/2023 z .0 AIR AND .41 C 12 219'-31/d" V I p y �u 323'-9" a W i UPPER ROOF I� zzo'-z,n• V I 299'-51/4" V I 1 MAZLLOWER $ � 0 5 210'-3114' >/ A LEVEL6 /� 196'-6112" V I fir{ i (7 s- �J LEVEL] Icy Z60'-5 ilia' 1 O 3 2 _ LEVEL5 180'-]3l� l7 v� I LEVEL6 190'-611� C •' LL' 0' 9" I w a I LEVEL 5 i6tl-] 3Iq• V �\4oe? LEVELS 160'� I I I LEVELa & 1]tl-9' V STAIR 4 SECTION B L EVELS iw 14 13 LEVEL 3 16tl� 1 - I I LEVEL 2 14B'-5" \ LEVEL2 I� 149-5" 1 1 I rmma oo SSr = B 1 LEVEL 1 I� LEVEL I /� im-T 38' 9" V SH EET nTLE. STAIR AND 1 ELEVATOR SECTION BLEVELE LEVEL B City Council STAIR 4SECTIO5 - 116 ELEVATOR 11/21/2023 4 6 5 4 3 2 1 yo w °=e g =9. set it 3 I I I I as U i I U LEVEL 3 - STAIR 6 va=ia L S � F F LEVELS /� --j - - - - - 49'-5' - SHEU -LE BUILDING _ LEVEL 1 n STAIR PLANS Q 138'-9' I Q STAIR 6 SECTION EE . _, . City Council 33 —117 11/21/2023 A5.43 6 5 4 3 2 1 TYPE D FIRE WALL TYPE D UNIT DECK AYF TYPE G - EXTERIOR TYPE 0 - BOOSTER PUMP ROOM TYPE G - GARAGE --------------------- TYPE G POOL DECK City Council TYPE U ENTRY TYPE U UNIT DECK t DOOR LEGEND -------------- DOOR SCHEDULE COMMON DOORS 0 5 IT DOOR SCHEDULE UNITS DOOR SCHEDULE STOREFRONT DOOR ACCESSIBILITY NOTES DOOR SCHEDULE -ET. GENERAL NOTE A, EXIT DOOR SHALL BE OPERABLE FROM THE INSIDE WITHOUT THE USE Of A KEY OR ANY SPECIAL K. IN -1SLE UNIT, SWINGING DOOR OR GATE SURFACES WITHIN 10 INCHES I- MM) OF THE KNOWLEDGE OR EFFORT. F1 ISH FLOOR OR GROUND MEASURED VE TICALLY SHALL HAVE A SMOOTH SURFACE ON THE PUSH SIDE EXTENDING THE FULL WIDTH OF THE DOOR OR GATE. S THE BOTTOM 10 INCHES OF ALL DOORS EXCEPT AUTONATIC MD SLIDING SHALL HAVE A SMOOTH, UNINTERRUPTED SURFACE. L BRAILLE SYMBOLS: CONTRACTED GRACE 2 BRAILLE SHALL BE USED WHEREVER BRAIL-E SYMBOLS ARE PECIFICA-1-Y REQUIRED IN OTPER PORTIONS OF THESE STANDARDS. GOTS SHALL BE 111. INCH C ALL REMOVED (DEMOLISHED) DOORS TO BE RE -USED OR RELOCATED WHEN POSSIBLE SEE PLAN (2,M MM) ON CENTERS IN EACH CELL WITH V10 INCH I- MM) SPACE -EEN CELLS. DOTS SHALL BE TO RELOCATION NOTES, STORE ALL DOORS WITH FRANES, TRIM AND HARDWARE UNTIL COMPLETION RAISED A MINIMUM OF 1�4 INCH (0 511 M.) ABOVE THE BACKGROUND. ALL SIGNS AND IDENTIFICATION OF THE WORK- SHALL COMPLY WITH TITLE N, SECTION 11 17B.- 11 7B.5.1 C D. A EXIT DOOE(S) SHALL BE A MIN. OF - X -- WITH A MINIMUM MING OF NINETY (N) DEGRESS. M. PROVIDE BOOM SIGNS FOR ALL ROWS. SEE INTERIOR SIGN PROGRAM BY OTHERS. WIDTH & HEIGHT OF REQUIRED EXT DOORWAYS TO COMPLY WITH C.B.C. 10C33.1 AND 1-1, N NOT USED. E CONTRACTOR SHALL VERIFY DIMENSIONS OF EkSTING DOOR FRAME UNITS, SCHEDULED FOR NEW 0, UN.EECUT DOORS ONLY AS REQUIRED PER MECHANICAL PLANS, OR AS OTHERWISE NOTED. GOD S.1-OUNRES, PANELS ETC. EDGE A L NEW DOOR FRNMES TO BE BY 71MELr, FINISH AND COLORTO MATCH EXISTING WITH SUUARE- E D TRIM (NOT TAPERED). G, PAINT ALL FRAMES, UNLESS OTHERWISE NOTED. H. IF THE DOOR HAS A CLOSER THEN THE SWEEP PERIOD OF THE CLOSER SHALL BE ADJUSTED SO THAT FROM AN OPEN POSITION OF 70 DEGREES, THE DOOR WILL TAKE AT I -EAST 3 SECONDS TO MOVE TO A POINT 3 INCHES (75MM) FROM THE I-ATCH, MEASURED TO THE I-ANDING EDGE OF THE DOOR. 11, MAXIMUM EFFORT TO OPERATE DOORS SHALL NOT E-ED I POUNDS IS.) FOR EXTERIOR AND R OTR OHS SUCH PULL OR PUSH EFFORT BEING APPLIED AT RIGHT ANGLES TO HINGED DOORS I' Al CHE0 PLANE OF SLIDING OR FOLDING 00- COMPENSATING DEVICES OR AUTOMATIC 11/21/2023 DIR ENATORS MAY B UTIUIED TO MEET THE ABOVE STANDARDS. WHEN FIRE MORS ARE REQUIRED, THE MAXIMUM EFFORT 0 OPERATE THE DOM MAYBE INCREASED TO THE MINIMUM WINDOW SCHEDULE TYPEA-SLIDINGII "I "I xo 1 TYPEA-3LIpING 4'-8" 4'-8' SLIDER GL w N oa Les 11 TYPEA-SLIDING S-ti d'-fi' SLIDER GL rc 1.2 TYPEA-SLIDING Y-P 4'-6' SLIDER GL J wwroo'- 2 TYPED -GSL FIXED 5'-0' 0'-0- CASEMENT GL V� EITIJ 1011. LIET' OIoxsuati 3 TYPE E-DBL FIXED 2'-b B-fi' CASEMENT GL W zr 3.1 TYPE E-DBL FIXED Z-r T-9' CASEMENT GL ¢ H n ❑ FlxTn suss. Vx.o. 3.2 TYPE E- DEL FIXED S-0- B-6- CASEMENT GL 3.3 TYPEE-DBL FIXED T-B" 6-3' CASEMENT GL 3.4 TYPE E-DBL FIXED 3'-B" 6'-8' CASEMENT GL A.F.F 3S TYPE DEL FIXED 4'-B' B-6- CASEMENT GL ____ ____ ______0 ____ 4 TYPE F-TRIPLE FIXED I IFIXED GL 0 4.1 TYPE F-TRIPLE FIXED S. B'-B- FIXED GL TYPED -DBL FIXED 5 TYPE G-SLIDINGWI 4'-P 6'-6- CASEMENT GL FIXED BOTTOM ❑❑ 5.1 TYPE G-SLIDING WI 4'-8' 8'-8' CASEMENT GL 8 FIXED BOTTOM 5.2 TYPE G- SLIDINGWI 5'-P 6-fi' CASEMENT GIL 5 FIXED BOTTOMHe rc 8 5.3 YPEG-SUCINGWI 5'-4" T-9- CASEMENT GIL 3F FIXED BGTTOM _z aS 5IZ 4 TYPEG-SLIDING W/ 5'-6' B-6' CASEMENT GL - --------M FIXED BOTTOM AF.F 5.5 TYPE G-3LIG - - - - FIXED BOTTOMINGW/ 5'-B" T-9- CASEMENT GL i11 0 ¢F`vo✓'+a 5.6 TYPE G-SLIDINW/6- 6' G fi-6' CASEMENTGL - xee> - ries> FIXED BOTTOM 5.] TYPE G- SLIDING W/ 6'-P T -B. CASEMENT GL TYPE E- DBL FIXED z s $z s FIXED BOTTOM y� 5.9 TYPES SLILINGWI 8'-0" T-9' CASEMENT GL y FIXED BOTTOM 2 6 TYPE H- SINGLE FIXED V-5" -6FIXED GL BIA-]6.6 ]/ A-5Ifi13 3 6.1 TYPE H- SINGLE FIXED 1'--6- FIXED GL filA-]B]/A-]15R 6 66 SIA-6 FIXED GL -..B 71X7B.B .B Z Y m m I,63 TYPE H SINGLE FIXED 2' 6- d' fi' FIXED GL &A ]fi 6 ]/A ]66 SIA ]fi 6 2 mFIXED W V 6' _ 6.4 TYPE H - SINGLE FIXED 3' - V 61 FIXED GIL - e ❑m B.5 TYPEHTYPEH-SINGLE NGLE FIXED 3'-B" 4'-6' FIXED GL 6IA-]6.6 ]/A-]66 VA-]B.6 A_F.F m •' F m m m A m ❑ m ❑ 6B TYPEH- SINGLE FIXED 4'-8" 1'-6- FIXED GL 61A ]68 OO RR 0 O ���kkk O kkkk O B.0 TYPE H- SINGLE FIXED 4'-6" 4'-6' FIXED GL OA-16.6 ]IA-]6.6 6.9 TYPE H- SINGLE FIXED fi'-P 2'-9' FIXED GL fiIA-166 ]/A-]6.6 SIA-]6.6 B.iG TYPEH-SINGLE FIXED ]' FIXED GL 6/A-]6.6 ]IA-]6.6 SIA-766 Grentl blel: ]21 TYPE F- TRIPLE FIXED ❑❑ m ❑❑ m .>vmjtMNr�W ar 0. ❑ ❑ wR�"'r1�? A.F.Fm TYPE G - SLIDINGWI FIXED BOTTOM �❑ E �� ❑ ❑ E �❑ F m F A.F.F a m ❑ m ❑ ❑ ------------------------- ------------ ---------- --- -- 0 -- -- 0 0 0 0 0 o Po 0 �m ®Om e mNo A.FFBID Dre O O O O TYPEH-SINGLEFIXED Om Ob 0 q GENERAL NOTE - A. PROVIDETEMPERED GLAZING PER CBC24D6.4: 1. WITHIN 24" OF A DOORWAY AND LESS THAN W' MOW A WALKWAY SHALL BE SAFETY GLAZING. - 2. WITH IN 61Y VERTICALLY AND SB- HORIZONTALLY OF STAIRWAYS AND LANDINGS. 3. ALL GLAZING LESS THAN 60' ABOVE A SHOWER OR TUB FLOOR AND WITHIN 60' HORIZONTALLY FROM FIMURE'S WATER EDGE A.F.F O 0 h O O B. MAXIMUM REACH FOR WINDOW LOCKS ALLOWED FOR A PARALLEL APPROACH IS 54". V C. CONTRACTOR SHALL VERIFY DIMENSIONS OF EXISTING WINDOW FRAME UNITS, SCHEDULED FOR vT ° , 'I 'I 'I 'I 'I 'I U s'i, NEW WINDOWS, LOUVRES. PANELS ETC. SHEET TITLE. �I �I WINDOW SCHEDULE A.F.F WINDOW TYPE City Council „4"=,' 3 -119 11/21/2023 SHE.. A6.30 S-10 11-- S-8 1--. S-9 S-7 ll—V.^ S-4 S-3 S-2 n 11 Z 114, Ar- S-6 6 S-5 3320 S-1 A.F.F S-19 11— 1'-V ,KF --------------------- -------- S-18 S-17 uty uouncii 33-121 S-16 ------------------ E -- -------- S-13 1m. = -. S-14 S-12 S-11 1/4' = T.' .42 NOTES - INSULATION SCHEDULE E�Es�.'„�E TWA RE FIRE PROTECTION AT STEEL %. —PLY.Pw.,��o M� �roA�a��.aEw�,a.Eo�,��aaaxo�oEas�,D iu:pm.µ —1111 MBE—I-Ix-11N-11 Ns.a.EoIII --NI aMFaQ i8a TT�oE�i P' P'RE E.s�:�wx «" NOTES -ACOUSTICAL CONTROL 9 City Council NOTES - FIR OCKINU RAFTSTOPS TME G ME T�TME S�u�� T µDS�u��RE ,z• NOTES - ELEVATOR ACOUSTICS NOTES - CONST. ASSEMBLIES .01 PEOPIN.NER-Ol-ON. EIRE TO "I, NICE N1 I IN EC 1IRR.ENTCNAN­ EPER—E­R---E­EE NAREE.1­11�1­1­ PER -EM zj INis =NA �vwETrw 'AC.ATN­ MINIMUM— 1TA111111N11RE=E1`EA1IN1 AT— I AN—S" T OR TR�Uft`l"AOM MN OR— I 111AN—TUIE1 E­I'NE"YCER1I R-T1A�N.LE­E 30.ET­, _­ A� CI N1—AN_G—C—BULLED CRO'­—EEP.A1CA­T 'K­-.1C—_1 PE­NC Euvms ]ttvE , ­EDREPNERECECP;ACEuY'''CK ""'TN E.T.. RE, EA -I i7. PR-EEP—CPRA1. C. 0ARc A E ­ N I I — A ===p=XR ROOF -CEILING ASSEMBLY PAVERS ROOF -CEILING ASSEMBLY 1-HR FLOOR -CEILING - COMMON 1-HR FLR­CEILING (HARD SURFACE) 16 i _­PAREL. AnE --...AT REINX., —,.R 1.1W I E I.R IN, Er Ms rmE ­11ENP­-- CEMENT ­PT"P ON METALL 'T"NEIINE.111 N&I=E4Y'1'1U07 x•GrPSUMEOARo I P Ell TITIL116 ffPaR "`1"­C`T"D'3POR8=R CIAT 111EI11T ­EITTO ..REMIENOTE U REIERT .. C111CAT—AN. ROR ACE_N. 'O'_0. .—OTUIAL O-N ECO. FLOOR CEILING AT STAIR LANDING UNIT FLOORING FINISH TRANSITION� 1 �TTIOR DECKASSEMBLY ­­RPACEPERINTERITR 14;r.EI.D NO, ­1-1ING PER L.AC..G­ -T ALTERNAT E1E..—.N. PER Cr.L M_IET%'1'V­P, ATE—RCPE—(U.NE.-­) LE ­ ­.R OF NA W­ IDE M1.1-M 1.1 CANE.NATE ONER " 'W' RE.ATE CENC—E ­U t P.M TIN sus I.— PER ­TURAL E NNPR NONPREPIRENEE. S1ACT—TIINNEER O ­—E— A N=&1PEETRA1E1) -CE 1IORTE PER A- xr 'E`IA N�N�11 =Ng'— N=E= .6.4 =CE1 EA P ='N"O" 'ANCND ON' N­8`NUCTU"LMEM5E` — — — — — — — NOR ` _E) 11L 1E INC I U.1Y I RE —E. =N �11 _Y._ G11 =RANA' PER N`E'��ED D PECTLY APPLED LOADS IROM A ILOOR AN -OC AN FTAN -ERE 111 — INANNEU @ I 1- 0 1 . IRE RATE. AEOUET— SEALART IN, fffOR.— 'ETTO C`P­NA CTH­R ` "' NTPAN.I.—RA El L PR`VD­8R­L_­R­O"` =E`1`CYL`NR PER ER — R NET WIE I 'DON OCR 11T 1­­0­ Elm- X""RCT�E 0 1 NEZGZ41 N E I —AE. M— —1 1-HR PROTECTION @ BEAM 1-HR FLOOR -CEILING AT CORRIDOR 3-HR FLR-CLG -CONCRETE PODIUM 10 " N_ 'YET'm A. 11T=NITIR 1-1 IRUNI 111M11E1 /I =%T ­ 1 11_AR .—NG R INE—LIC 1.1­ RER.EPER "LATEN—LEE 'EV—L PENETR'T'"" `T"E "'R AND ATZ ENTRE IE'METE' NCL_N1 THE I'NIT � ITTINECAPID'IANDIHEIET 1_ .NE. ONANCEN — 1AND .—E . CAPPET NO A. -PER ­1.EA­ECI­E�ELENTAATN.­CPTA E TAPEC 0 :_D TO PNE _'.TNN E TH ­11D TO II —IT A ­ =.I ­1 — XT=11 P THE — NO CONPORM-E—IRE—E— I­ 4 AT ML 'LOOR"EIL NO LE"T "S A EA? "OULO 5E MA NTANED AT — W­ ARE "L" NTERIETN PNE CA1 1H'L EEA—MM 1, " ANI 1E __"N —DERIN. E—NT 1. A T— I ­11NT 1­11 1EQUIE1 ­11­11 TNEE _EPE 'ER'ET" ­ ­UIO El — D AT TNEEE ­S PC E E.ANN NEREEN 1H111 I RAN— I NO LIU1111-1 S11ULD I ­NTEI INTO AN ANEN 11 CELINI ACOUSTIC NOTES 1� —C IRE I —ERE EEN'ANYCr I 1116 EAUOE CD "LLCCE, 'HANN'OL EC­ .1—NANNEL REF E .1— E.ARE City Council 1-HR FLR-CLG W/ DROPPED SOFFIT 11/21/2023 9 ED ART ON— EET -RICEILING ROOF 3SEMBLIES E. . k7.1 1 OR RA ►�� I�wRP �i �► u.NO O_PWAll CEILING HIGH PARTITION (METAL) RNN=­NNA1.7 ON I AND F DINTI] ELI shoe¢ °vuhsrvx.ol . uvEw ca ixNKcrvsvMwauscARo I ExrEaroa Pwlsxw1EaEcauas I uunox sBElwsuuirox I Ip urFrzznnvcxcrv. Bo. Eacx sloE scxeouxs I I wisRloR PlwsX vsavxlsx Punrscxsou�E I ; z u'rERs sre iXicKorosxMwnusouto I I wairPs vPR Puxun scxPouiP I Bnirwsuunoxvsa...I. I I uE SPAcwc vER wo sraxcrvaa�oRawwcs IRDEEENsuco ExcxEERm I sysn x DO - I � a E o«oww aPoxPrw, I RID P _ND ROD NARDT, OP ALL(aiIMEoP, 1=AND cF YsnM151 "'TEA " DTDs is N D ON DON 8DE OF THE NEUR TENS "ERE P"NRN6 III N OP III 1ENT, w u PI-INAlYDIN xR RATED HEAD OF WALL AT METAL STUDS I In•=I•U• °•F 1-HR FIRE PARTITION (UNIT PARTY WALL) 2-HR STUD WALL 3-HR WALL AT GARAGE CORE METAL FRAME WALL NOTES CMU WALL -METAL STUD Ir=I•L• / 1- 7 O PER 8EE AUPews p�uze N.x.ol sLviRACK 1, DIND­ PER mry 1rolE, wH�EASEEMELY6cA5sEoPER smucloROLPUNS. ELxG wxEREctGURs t XUMOYPsuMxSHNTLwuOF� NIE HPRoxowASHER Ew Easr[rvER III SPEC. REsIsiNE BPARIER, SEE rEo, xISX f: EE�BNBs III;II ARE RIu ERSlemEx—so. EAcx sroE Acousirou xsuunaxrEaswEoulE I' uix lxor - xclo REswrarvrcm. E. swE Pxex sxuixwc acou REO FOR rurxOlATIN sxuirory INEiKSIVx on ACWsno415EPMPrp®s wutiYPEFm PVNarvo scxEWl£ f: -`�' ' = u10 BACKER xRBwAiERBARR ER %III 3 Roo Ixc —Ei au In PwcxPPRPn '. 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RMx:Exrtv iownesowliX Lrzrtroa - IrvxEAlore .�,I, sax i.eEiocaiEo INaccEssxiE corvcEu="noon aooR CEiwc oRanc—EN RE R. o�l� XOR¢orviauva:ATNII N.PIEumrrory µoEllstamm� MEAsuREo Pu�xE ssP svaclrvc PEw smucrvRu oRawlrvcs NCH,zi `w Xecxr. wcoxrow+nxc - oamxeRweRo we c. xREaworoR sxoKEB.aRRER PRon:crauovEwxcs. -41' counoxsoPRaiEo R_ ._ w N oU Jd a 3 C NON - RATED FURRE*YACGM 1-HR FULL -HEIGHT WALL FRMG (METAL NON - RATa3JTM424STUD WALL 2 & MR. CMU WALL ASSEMBLY � CONCRETE / Cfy�.I� 94 ► 023 a•=I D' c I / J a•=r-a• I J a•=r-o• ,7 s•=r-IY J Iz=r-n .21 z H MISHER ---- 44 < ELEVATION SECTION WHEEL STOP DETECTABLE WARNING SURFACE TRASH ROOM CURB CONCRETE CURB AT RAMP PIPE GUARD TILE FLOOR r,� TRAFFIC MARKING - STOP )w TRAFFIC MARKING - FORWARD ARROW AGE & .22 — - — -- — - — - — - — — - — - — - — EV ONLY NO ONLY yy 1UTr 11 T-1. AN. h —E VANACCE8— 'TAf NIT' nEOr 2 N� AIN I I I�B E'� T,2TI. — BE J'. I.0 -- ----- ------------- F------------- PON I I 10 AT11 U, J L—..—E I E T1� �W_— �WOE 1� z .0 og� o s z- g,z I'll-ANN E A, 111111T "1EI 11-1 N E EIS. E) A E�,TL*NITOFA.EV -8IEI­N'AEN—NE I0I8I y'M"HI I—CII' .LISEI CNETMLAE—G"TLE I1—I.2—. I. . ­,10, ,A ...A,NIT_AMAN,CA- - -----QUP—T1­ T,� —N—R" ENERIY —EE, TE — IEI —NIANDT.—ITA.—, N.TEN —TIN I I I T.L I 'C ALA 'I Tf ­=­ A" UISE OE'NTV� =E�GZME, ­ taeyJ IEH I—YEI 'I ONE IN — 11 � —ES — NIT LE88 04E D7— "I I A rmmmiimu - I T r1kML 1/4' ST01 ---T- -j I- IIIE 1—N-11 I IIE —1E D-T— N 4 PARKING - TYPICAL STALL P--T I—N— rANK A"S ­ p III I-IN'T IN VoC AT� 4 D—ED IIIIEE AN I-INE '1 ...CE ANG. . L—N-011 .=.T-� =V" ,L. C.. -— 1 N_ AN 1—N—INAL ONLY —N�T D=E"� TE INAL _ED IN L A.—LI NEIUNEM 0—E ""'S A'I ­­ FENTODETNL sa N. IARNN. —.1L. 4 T, 11— 4 �TTEas L LJ I NO RKING AGE & City Council 33-126 PARKING - TYP. ACCESSIBLE STALL ,7.23 T. N =,N PER z R .1 R III ,-,T,EENEE— "I T I E�IN I Impm.-011 KNOW I WE W11-4- m FIR011IM! A I, •MAW Affl: EMU MIMI I I PRO I I KIM,= ...... ..... ml M211 L, Lmej Ma mail 0 -Zj1k1LCjm, 4 MONE —=E —,H- P— PA -LE- ET HTINT���I .8TR R N. EETEE—Al I " A-1= . . . ""IE-1—I"'ILY NOTEDNTTE ­­` �-N—ENTEIILI I.._ �,',LffNT, IA- NNNA1 1E.AL11 ■ -Y.—CH `1T%W=L7A` 10 C N T—EN EN TED I —1—RALI-N1 I NIINEI . NHEET 1.1 NENET— —I INT. 1-1— IN I I-- — THE NE TN =I N A-W-TD =-M.R=%HNAUr TH,�,LT D ANY — — N—RED T� — IN-1. N1.1— IENET.11-- EE E`1-NELY .1 L.1-2.".. I IIHANN, I .- T— 1- 1— TIAN 11 —NlTE EE—EE—REO1,—�—N,� T�—T 7=E LETLEYD I Eo, 8,LR1T1LNC— 5�HIDLE1­1`AT"C'1-11 'TH ERE" GI IN E, t �N�TII 8R E.—�E A P DEINNTT w 11 111 NI T. I H, T� L, TH_ IN. I L—EN N� NOT LESS T— I N—S " "I N HEIG" A IUM � NCI 191-1— NA INEI TINNIER—E.T. —NIN3E —1-- EIO-P-157-D—THAVEARE— ,EZT,�W P- 11 NINE I EE —TT-D — THE 111—ED NAILE. NE 1. E 6:1 HE, —5- 9 City Council WOOD FMMEWA3-*V2"2026 12' A7.31 City Council UNIT BALCONY Zj.0 ogvusxNcro NooNwnnNvxooNNcveN 8TRU­ _ .. I F T FTNAI T. N.— �TAI �TAJI �TAJIL �TAJIL �TAJIL �TAJIL �TAJIL Tj MR=1 UNIT z- ,z mi 1-HR FLOOR-CLG AT CORR./STOR. EXT. STAIR UP AT LANDING 4 FLOOR FRAMING AT UNITIBALCONY2 as of vxiswoxw NON u� UNIT STAIR AI=NINT UNIT EXTERIOR STAIR I I,_ z RCTAor exrex�av T"" TMORM U H, NS N ...... ZT-S I —RAT WNT—VI"PER _N IN D­A­NN M R TITA1111 IN. 77 smucruxa+ T� �X­��O'PER "MA"G'M_ MI=MTM T11 T, IMU 11 R —HNENTDl— N­NNNPER...U.H­ UNIT FNE.­1M=Z P_ FII scxeouae rR EM.N R1 EF 1 -HR EXT. FLOOR FRAMING(PARALLEL) FLOOR AT UNIT/STAIR STAIR LANDING 3 ­1E N;MMNP`TV1DR E CORRIDOR UNIT .—N.N. "CEN.I_ ENE...T—KIE _A­Nr_ N_ DRYA=W E­W.M." _W MRE ­DAC­ _ER � R—NT _T _­7 ­MD­N11 ­DRT�_TLV.._I .T_ TTIEUNIE"M" Co"'N"IS"' 7 N T—E—E—Ell DM_ �N N N. 1IT I. WIN X I'L. VIL. P­ D IRII-1-1— NN R­T W­�­ 11N­ .. M M FRE STAIR ­:E..­.ER CORRIDOR UNIT STAIR E FLOOR AT CORRIDOR/STAIR ROOF BID FLOOR AT UNIT/STAIR ROOF FLOOR AT UNIT/CORRIDOR 11-- ±� 1 - = V-1• N.­ —11-1—CR IN. FN­RAT —RII 'TA iT ­1­11N. IDN UNIT A— AN" 1A111 R*0 IN :­ _Jf4, " U­ "'I"N"TON 1­11RIII—N CORRIDOR B.IR EXTENIOR M E ­ "NI_ •T T _LIAINT"" 11111E1=11 ������A■ ­­­U­D­ PE=N=1`U1` TI ­­1UN­DDN1R NDN.. N-11�PEK TND N-1-1-11 F­ .T 4: CORRIDOR "=:ERICIEDUI►DETAILS PAN-, UNIT N-5 1N­1ER'1E1I`1'=1DD -1EN111— I=■ m— III UNIT - \-- ­IIIIER 'T_T'I_ , 5TRUCT­ �L.7 D—L­ P­ 'T_T_�'P� 11/21/2023 33 —'128 2-HR EXT. OOR FLOOR AT UNIT/CORRIDOR ROOF EXT. STAIR/ CORRIDOR AT ROOF LEVEL FRAMING( ERPENDICULAR) FLOOR AT CORRIDOR/STAIR LEVEL ---------------- (�) ___ A7.32 m 11­1'4� mans o.sie,wexcrPsuM r I m OmwswPF,MPrucwPaPu,E � I E „ TH.. �N�. PENa�ooM�x. JOINT @ 2-HR SHAFT SHAFT WALL @ ROOF 0 W=,'-0" 0 L „IT=,'-M 0 8xu�os9xnn �uYEROP O JOINT @ MECHANICAL SHAFT SHAFT WALL @ FLOOR / CEILING 3"=11 0� 11/2"=1'-M r�— room ¢ Q and p 'R TH— a Ps 3 aS SHAFT WALL 2 @wPODIUM LEVEL C4) °azasp: owns sEE SIRuo, 3 1T1E CPaow ' V' T. gC 1 I SHAFT WALL 1 @ PODIUM LEVEL 1 il2" It CSC ICI Iti HitCAI Ili �(�I ICI l O lirmTRASH �ii i�, ■CHUTE City Council FIRE WALL NOTES O DESCRIPTION D MINUTE FIRE RATED City Council A�wee:xow�ns�m a�a M,a�Avaa�unolol-M,mao� A,u�.m �R slf s0"'ATs eW AsoRAnxc. NOESEEe IL N A AT 3-HR FIREWALL-SECTION 00000000000000 08@ 0000 OCCUR SEPARATION / FIRE PARTITION (PARTY WALL) AT ROOF OCCUP. SEPARATION I FIRE PARTITION (PARTY WALL) AT 4TH TO 7TH FLOOR 1-HR FIRE PARTITION (DEMISING I 13 STRUCTURAL PANEL FLOOR DECK PER STRUCTURAL $ m 40 5 °3i rc8 -' w= - �a 14 WALL PENETRATION, SEE DETAILS ON SHEETS Ax.n 15 FRAMING PER STRUCTURAL DRAWINGS 16 &HOUR RATED FIRE WALL ASSEMBLY -SEE DETAIL AK,X 17 WHERE ROOFICEILING FRAMING ELEMENTS ARE PERPENDICULAR TO THE WALL, THE ENTIRE SPAN OF SUCH ROOFICEILING FRAMING SHALL BE OF 1-HOUR FIRE -RESISTIVE CONSTRUCTION. THE FRAMING AND ELEMENTS Mgr m THATSUPPORT THE ABOVE MENTIONED ROOFICEILING FRAMING SRALL ALSO BE 1-HOUR CONSTRUCTION MINIMUM> _ S aF`vo✓'+aa 16 PROVIDE ASW CLIPS AT 1YA O.C. VERTICALLY BETWEEN WOOD FRAMING AND-H' STUDS FOR WALLS UP TO 23'-0' HIGH SPAN. FOR WALLS UP TO 4 '4P HIGH SPAN, PROVIDE SAW CLIPS AT 64P O.C. VERTICALLY BETWEEN WOOD FRAMING AMID 1HP STUDS, TYP. MEASURED FROM BOTTOM OF ROOF SHEATHING 3 -j 18 FIRE RETARDAM TREATED PLYWOOD- REFER TO STRUCT DRAWING FOR NAILING RED, 2D HINGE POINT AT CONTINUOUS SEAM, TYP BOTH SIDES 21 WHERE ROOFICEILING FRAMING ELEMENTS ARE PERPENDICULARTO THE WALL, THE ENTIRE SPAN OF SUCH ROOFICEILING FRAMING SHALL BE OF 1-HOUR VV11 FIRE -RESISTIVE CONSTRUCTION. THE FRAMING AND ELEMENTS THAT SUPPORT W THE ABOVE MENTIONED ROOFICEILING FRAMING SHALL ALSO BE 1-HOUR CONSTRUCTION MIN. —ET TITLE SOUND CONTROL NOTES DEMISING & FIRE WALL NsrA�NEooNITa. NUNEs �N VN�waLLw,. aEooRNEohO ASSEMBLIES ANO of°sivs�oss orvumwuLoarwu. ---A.11T 21%2023 S.EET1 NOTES - FIRE WALL 1 A7.41 .,wwwin�ea+e�w�n warn• - .�..n.c.nAM'ewim mil INTERIOR STAIR DETAILS;, au.a -�-.0 - ec*xur �I � I Mcw,w I I STAIR DETAIL WALL 14;� 8` END RAILING FLOOR w,wot= :17� m owa — I WALL MOUNTED HANDRAIL �k �w AT METAL STM WALLS AT MASOWY 8 CONC. lillen N AT STUD WALLS {AT COSC. WALLS SIMILAR) END RAILING LANDING _� STAIR LANDING i, STAIR TOP FLOOR r•I w.e a-,r-« '.•1t, ac..c ,.,c.r� ? ? raE ,-ez.ru a PLAN LANDING f 4• °m,,.�� ��s,;.,>v -R� �`�� k ;ter. � `•_� - 9 9 AIR DETAIL City COU ,7.51 Yr.. 7� xwwrr r II r _- ELEVATOR HOISPNAY SILL-FLR.. LANDING � ELEVATOR RELIEF VENT �18` as.Y�a R R(Ni� OISTWAY 3ILL-FLR. LANPIH _ 12 y tinuo-rr r,°r.. '��e....enr emu.., +•w•-„ vw unnexua - _ _ T :1 1 T.,a° �•'� g. 4. I.. �.., ...ro qq*1 2y 4 �-r77�- 1 �, 4 ko BUfI✓.+.i.NM ! ��.. �! � �.k` A' .'�`� #v YB,ra R� - i _ _ a �' y �.s.P/N _ PANEL DETAIL �15 ELEVATOR ENTRY MOUNTING HEIGHT $! 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Zj .0 z;s �AA8.1111 City Attorney's Office www.santa-ana.org/city-attorneys-office Item # 34 ram`' City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Appointment of Interim City Manager AGENDA TITLE Appointment of Interim City Manager pursuant to Government Code Section 21221(h)(Interim City Manager)(General Fund) RECOMMENDED ACTION Adopt Resolution appointing an Interim City Manager effective November 21, 2023 and authorizing the Mayor to execute an employment agreement (Agreement No. 2023- XXX). RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPOINTING THOMAS R. HATCH AS CITY MANAGER ON AN INTERIM BASIS AND APPROVING EMPLOYMENT AGREEMENT GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The City Council accepted the former city manager's resignation on October 9, 2023. Assistant City Manager Steven A. Mendoza has served as Acting City Manager since October 17, 2023. On November 7, 2023, the City Council discussed the potential appointment of an Interim City Manager while the City recruits for a permanent appointment to the City Manager position. The City Council understands that the recruitment process will take several months, if not longer, and believes that appointment of Thomas R. Hatch as Interim City Manager would be in the City's best interest during the recruitment process for a permanent appointment. The position of City Manager requires specialized skills and Mr. Hatch has such skills with more than 35 years of experience in local government including as City Manager and Interim City Manager for agencies in Orange County and Los Angeles County. City Council 34 — 1 11/21/2023 Appointment of Interim City Manager November 21, 2023 Page 2 Mr. Hatch is a CalPERS retiree and as such, his appointment must comply with the working after retirement rules set forth in the Government Code and CaIPERS Regulations, including limiting payment to an hourly rate pursuant to an adopted salary range. Interim City Manager Appointment Government Code Section 21221(h) permits the City Council to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retiree to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours. The rate of pay for an Interim City Manager who is retired from CaIPERS is dictated by law and governed by Government Code Sections 21221(h) and 7522.56. Specifically, Section 7522.56(d) — which supersedes Section 21221(h) to the extent of conflicts — provides that "the rate of pay for the employment shall not be less than the minimum, not exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate." Section 21221(h) further provides that this rate must be "listed on a publicly available pay schedule for the vacant position." The City Manager's salary is set by contract and is reflected as a fixed amount on the City's publicly available pay schedule, not a range. Thus, the hourly rate to be paid to Mr. Hatch, as Interim City Manager, will be a pay rate of $156.82. He will not receive any other compensation or benefits, unless required by federal or state law. Government Code Section 21221(h) further requires that the appointment to a vacant position be made by the City Council. As such, this agenda item includes a resolution appointing Thomas R. Hatch as Interim City Manager effective November 21, 2023, and authorizing the Mayor to sign an employment agreement for interim city manager services with Mr. Hatch consistent with the requirements of Section 21221(h) and the terms set forth in the resolution. The term of Mr. Hatch's appointment as Interim City Manager will end when the permanent appointment to the City Manager position begins his or her employment with the City, unless the appointment is terminated earlier by the City or Mr. Hatch. The key terms of the Interim City Manager appointment include the following: 1. The term of employment will begin November 21, 2023 and will end immediately before the day on which the permanent City Manager begins work, unless sooner terminated by the City or Mr. Hatch; 2. Hourly rate will be $156.82; City Council 34 — 2 11/21/2023 Appointment of Interim City Manager November 21, 2023 Page 3 3. No other compensation or benefits, including leave, will be provided, unless required by state or federal law; and 4. Mr. Hatch will be limited to 960 hours per fiscal year as set forth in working after retirement rules set forth in the Government Code and CalPERS Regulations. FISCAL IMPACT Mr. Hatch will be paid an hourly rate of $156.82 during his appointment as Interim City Manager. He will not be entitled to any additional compensation, benefits, paid leave or paid holidays, unless required by federal or state law. Funds are available in the City Manager's Office salaries and benefits account (Account No. 01103010- 61000) and to the extent necessary will be budgeted in future fiscal years as follows. Future fiscal year funding, if needed, will be included in the proposed budget for City Council consideration. EXHIBIT(S) 1. Resolution to Appoint Interim City Manager 2. Employment Agreement Submitted By: Sonia R. Carvalho, City Attorney Approved By: Steven A. Mendoza, Acting City Manager City Council 34 — 3 11/21/2023 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPOINTING THOMAS R. HATCH AS CITY MANAGER ON AN INTERIM BASIS AND APPROVING EMPLOYMENT AGREEMENT WHEREAS, Government Code sections 7522.56 and 21221(h) permit the City of Santa Ana ("City") to appoint a California Public Employees' Retirement System ("CaIPERS") retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retiree to reinstatement from retirement or loss of benefits so long as the applicable requirements are met; WHEREAS, in order to ensure continuity in the operation and management of the City, the City Council desires to retain the services of Thomas R. Hatch, who is a retired member of CaIPERS, to serve as Interim City Manager effective November 21, 2023; WHEREAS, The City Council deems that the position of City Manager requires specialized skills and that, Thomas R. Hatch has such skills as evidenced by his extensive experience in managing, directing and overseeing an organization like the City, given his prior employment as City Manager and Interim City Manager for several cities in Orange County and Los Angeles County; WHEREAS, an appointment under Government Code section 21221(h) requires an active recruitment for a permanent replacement and the City has an active recruitment; WHEREAS, the 180-day wait period Section 7522.56(f) does not apply because CaIPERS agency for more than 180 days; requirement set forth in Government Code Thomas R. Hatch has been retired from a WHEREAS, this section 21221(h) appointment shall only be made once and therefore will end on the date immediately before the date on which the permanent replacement for the vacant position of City Manager begins his or her employment or, if earlier, the date that this appointment is terminated by the City Council or Thomas R. Hatch; WHEREAS, it is understood by the City Council and Thomas R. Hatch that the combined total hours to be worked by Mr. Hatch in any fiscal year, for all retired annuitant positions with any CaIPERS employer, shall not exceed the 960 hour limitation set forth in California Government Code sections 7522.56(d) and 21221(h), unless an exception applies; Resolution No. 2023-XXX Page 1 of 3 City Council 34 — 4 11/21/2023 WHEREAS, the compensation paid to retired annuitants cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal an hourly rate; WHEREAS, the base annual salary for this position is $326,181 and the hourly equivalent is $156.82; WHEREAS, the hourly rate to be paid to Thomas R. Hatch is $156.82; WHEREAS, Thomas R. Hatch will not receive any other benefits, incentives, compensation in lieu of benefit or any other form of compensation in addition to this hourly pay rate; and WHEREAS, pursuant to Government Code section 7522.56(e)(1), Thomas R. Hatch must certify in writing to the City Council upon accepting an offer of employment that he has not received any unemployment insurance compensation arising out of prior employment with a public employer that is subject to Government Code section 7522.56 during the 12-month period preceding the effective date of this appointment. Execution of the Agreement for Interim City Manager Services shall fulfill this requirement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The foregoing recitals are true and correct and are hereby incorporated by reference. Section 2. Thomas R. Hatch has the specialized skills needed to perform the work required of the City Manager position on an interim basis until a permanent City Manager is appointed by the City Council and thereafter begins service. Section 3. The City Council hereby appoints Thomas R. Hatch as Interim City Manager effective November 21, 2023, until the day immediately before the date on which the permanent replacement for the vacant position of City Manager begins his or her employment, unless earlier terminated, pursuant to the authority provided under Government Code sections 7522.56 and 21221(h), pending the recruitment, selection and employment of a permanent City Manager, to provide the specialized skills necessary to manage the City of Santa Ana. Section 4. The Mayor is authorized to execute an employment agreement for Interim City Manager services with Thomas R. Hatch on behalf of the City, provided that such agreement is consistent with the terms set forth in this Resolution. Resolution No. 2023-XXX Page 2 of 3 City Council 34 — 5 11/21/2023 Section 5. This Resolution shall take effect immediately upon its adoption by a majority of the City Council and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this day of November, 2023. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney ..�� s"""`u` bi4ir,%,`f;e iP','r?`'" yyg•Fy ... By aura A. Rossini Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2023. Date: City Clerk City of Santa Ana Resolution No. 2023-XXX Page 3 of 3 City Council 34 — 6 11/21/2023 INTERIM CITY MANAGER AGREEMENT WITH THOMAS HATCH This Employment Agreement ("Agreement") is made and entered into as of November 21, 2023, by and between the City of Santa Ana ("City") a Charter city and California municipal corporation, and Thomas R. Hatch ("Retiree") an individual, on the terms and conditions contained herein. City and Retiree are sometimes referred to in this Agreement individually as "Party" and collectively as "Parties." RECITALS A. City desires to employ the services of Retiree as its Interim City Manager to carry out the duties and responsibilities of the City Manager position as provided for by the Santa Ana City Charter and Municipal Code, and applicable state law, in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement. B. Retiree desires to accept employment as Interim City Manager in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement. C. Retiree's employment is authorized by Government Code Sections 7522.56 and 21221(h), which permit the City Council to appoint a California Public Employees' Retirement System ("Ca1PERS") retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provide that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits, so long as it is a single appointment that does not exceed 960 hours in a fiscal year, inclusive of all hours worked for other all Ca1PERS employers, unless an exception applies. D. The City Council appointed Retiree as Interim City Manager at its November 21, 2023 meeting, as required pursuant to Government Code Section 21221(h). E. Retiree represents that he is a retired annuitant of Ca1PERS within the meaning of Government Code Sections 7522.56 and 21221(h) ("Statutes") and acknowledges that his compensation is statutorily limited as provided in Government Code Section 21221(h). With the execution of this Agreement, Retiree affirms that he has not received unemployment compensation from any Ca1PERS Agencies during the 12-month period preceding the effective date of this Agreement. F. The City has determined that it is necessary to hire Retiree, a CalPERS retiree, because the position of Interim City Manager requires special skills, and Retiree, by virtue of his significant experience as city manager has those special skills. OPERATIVE PROVISIONS In consideration of the promises and covenants contained herein, the Parties agree as follows: Interim City Manager Agreement City Council 34 — 7 11/21/2023 Position and Duties. 1.1 Position. Retiree accepts employment with City as its Interim City Manager and shall perform all functions, duties and services set forth in Section 1.4 [Duties] of this Agreement. Retiree shall provide service at the direction and under the supervision of the City Council. It is the intent of the Parties that Retiree, as the Interim City Manager, shall keep the City Council fully apprised of all significant ongoing operations of City. Toward that end, Retiree shall report directly to the City Council and will periodically, or as may be otherwise specifically requested by the City Council, provide status reports to the City Council on his activities and those of the City. 1.2 Term. This Agreement shall become effective on November 21, 2023 unless a later date is agreed on by the Parties. This Agreement shall expire upon whichever of the following events occurs first: (i) upon the employment commencement date of a regular City Manager employed by City; or (ii) upon termination of this Agreement by either Retiree or City as provided in Section 4 [Termination] of this Agreement. 1.3 At -Will. Retiree acknowledges that he is an at -will, temporary employee of City who shall serve at the pleasure of the City Council at all times during the period of his service hereunder. Nothing in this Agreement is intended to, or does, confer upon Retiree any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Council to terminate his employment, except as is expressly provided in Section 1.2 [Term] or Section 4 [Termination] of this Agreement. Further, nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of City to terminate the services of Retiree, as provided in Section 1.2 [Term] or Section 4 [Termination] of this Agreement. 1.4 Duties. Retiree shall perform those duties and have those responsibilities that are commonly assigned to a city manager of a city in California, and as may be further set forth in the City's Charter and Municipal Code, as well as those duties set forth in the City's classification specification for City Manager. 1.5 Hours of Work. Retiree shall devote the time necessary to adequately perform his duties as Interim City Manager. It is recognized that Retiree will devote a great deal of time outside the normal office hours -schedule, and to that end, he shall be allowed to establish an appropriate work schedule recognizing that the normal City work schedule is Monday through Thursday, 7:30 AM to 5:30 PM and every other Friday, 8:00 AM to 5:00 PM. However, in no event shall Retiree be required to work in excess of 960 hours per fiscal year for City, including hours worked for other Ca1PERS agencies during such fiscal years, unless an exception applies. The position of Interim City Manager shall be deemed a non-exempt position under federal and California wage and hour law. 2. Compensation. 2.1 Rate of Pay. For all services performed by Retiree as the Interim City Manager under this Agreement, City shall pay Retiree compensation at the rate of one hundred fifty-six Interim City Manager Agreement City Council 34 — 8 11/21/2023 dollars and eighty-two cents ($156.82) per hour, according to the payroll schedule in place for City employees paid bi-weekly subject to the limitations provided below. 2.1.1 Compliance with CalPERS requirements. It is the intent of the Parties to compensate Retiree only to the extent permitted under Government Code section 21221(h) and corresponding CalPERS regulations and policy statements. The Rate of Pay set forth above is based on the salary limitations established by CalPERS and is not less than the minimum, nor in excess of the maximum, paid by the City to other employees performing comparable duties (divided by 173.333 to equal an hourly rate) as listed on the City's publicly -available pay schedule. Such compensation shall be Retiree's sole compensation for his service under this Agreement. Notwithstanding the foregoing, the City shall cover the Retiree under its workers' compensation program. 2.1.2 Recordation and Reporting of Hours Worked. Retiree will comply with all applicable CalPERS regulations governing employment after retirement, including the recordation and reporting of all hours worked for City to CalPERS as maybe required. City shall assist in any such reporting obligations to CalPERS. Additionally, Retiree shall keep City continually apprised of any hours worked by Retiree for other CalPERS agencies during the term of this Agreement. 2.2 Benefits. 2.2.1 No Benefits. Pursuant to Government Code §21221(h) and related CalPERS regulations and policy statements, Retiree shall not receive from City any benefits City commonly provides to its employees unless required by federal or state law, including without limitation, health, dental, or vision insurance coverage, life insurance, deferred compensation, disability insurance, unemployment insurance, mobile device stipend, vehicle allowance, gym programs, employee assistance programs, and similar benefits. 2.3 Reimbursement. City shall reimburse Retiree for authorized, reasonable and necessary travel expenses incurred by Retiree in the performance of his duties pursuant to this Agreement. Retiree shall document and claim said reimbursement for such travel in the manner and forms required by the City. All reimbursements shall be for actual expenses and shall be subject to and in accordance with California and federal law and City's adopted reimbursement policies. Such reimbursements shall not be reported to CalPERS. Other than as specifically provided herein, Retiree shall receive no other compensation or reimbursements for expenses incurred by him in the performance of his duties pursuant to this Agreement. 3. Vacation and Leave. 3.1 No Leave. Retiree and City agree that Retiree, in accordance with Government Code Section 21221(h) and related CalPERS regulations and policy statements, shall not be provided or accrue any personal time off, vacation, sick leave, management time off, paid holidays or similar leave benefits, unless required by federal or state law. Interim City Manager Agreement City Council 34 — 9 11/21/2023 4. Termination. 4.1 By City. This Agreement maybe terminated by City for any reason thirty (30) days after providing written notice to Retiree of such termination. City's only obligation in the event of such termination will be payment to Retiree of all compensation then due and owing as set forth in Section 2.1 [Rate of Pay] up to and including the effective date of termination. However, this Agreement may be terminated immediately if necessitated by changes to Ca1PERS statutory or regulatory requirements, or if doing so will preclude a violation of Government Code Sections 7522.56 or 21221(h). 4.2 By Retiree. This Agreement may be terminated by Retiree for any reason thirty (30) days after providing written notice to City of such termination. City shall have the option, in its complete discretion, to make Retiree's termination effective at any time prior to the end of such period, provided City pays Retiree all compensation as set forth in Section 2.1 [Rate of Pay] then due and owing him through the last day actually worked. 4.3 No Notice for Expiration. Nothing in this Section 4 [Termination] shall be construed to require either party to give advance written notice in order for the Agreement to expire as set forth in Section 1.2 [Term]. 4.4 Termination Obligations. Retiree agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (as defined below), documents, records, notes, contracts, and computer -generated materials furnished to or prepared by him incident to his employment belongs to City and shall be returned promptly to City upon termination of Retiree's employment. Retiree's obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement. 5. Confidential Information. "Confidential Information" shall include, but not be limited to, all information or material that Retiree learns of or obtains during his employment with City as Interim City Manager that is or was confidential or privileged by virtue of it having been discussed or presented in a duly - noticed closed session meeting of the City Council, or otherwise privileged and/or confidential under applicable law, including but not limited to personnel information, information pertaining to on -going or potential litigation, information learned in the context of the attorney -client relationship with the City Attorney or special counsel to the City. Confidential Information as defined includes, but is not limited to, all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, internal processes and procedures, and other information disclosed or submitted, orally, in writing, or by any other media, to Retiree by City. Nothing herein shall require City to disclose any of its information to Retiree. During his employment with City as Interim City Manager, Retiree shall use and disclose Confidential Information only for the benefit of City and as is, or may be, necessary to perform his job responsibilities under this Agreement. Following the termination of this Agreement, Retiree shall not use or disclose any Confidential Information, except with the express written consent of Interim City Manager Agreement City Council 34 — 10 11/21/2023 City. Retiree's obligations under this Section shall survive the termination of his employment and the expiration of this Agreement. 6. Conflict of Interest. To the extent that Retiree has an interest, direct or indirect, financial or otherwise, which would materially conflict, as shall be determined by the City Attorney, in any manner or interfere in any way with the performance of services under this Agreement, Retiree shall notify the Mayor of the conflict in advance of, and shall refrain from participating in, any action to be taken by the City on such matter. 7. General Provisions. 7.1 Recitals. The recitals, inclusive of all facts and representations, are incorporated into this Agreement as if set forth in the Operative Provisions. 7.2 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to City at the address below, and or at the last known address maintained in Retiree's personnel file. Retiree agrees to notify City in writing of any change in her address during his employment with City. Notice of change of address shall be effective only when accomplished in accordance with this Section. To City: City of Santa Ana Attention: Mayor 20 Civic Center Plaza, M-30 P.O. Box 1988 Santa Ana, California 92702 With a Copy to: City of Santa Ana Attention: City Attorney 20 Civic Center Plaza, M-29 P.O. Box 1988 Santa Ana, California 92702 To Retiree: Mr. Thomas R. Hatch [Address on file] Interim City Manager Agreement City Council 34 —11 11/21/2023 7.3 Indemnification. Subject to, in accordance with, and to the extent provided by the California Government Claims Act [Government Code Section 810 et seq.], City will indemnify, defend, and hold Retiree harmless from and against any action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any act or omission occurring during Retiree's tenure as Interim City Manager, except that this provision shall not apply with respect to any intentional tort or crime committed by Retiree, or any actions outside the course and scope of his employment as Interim City Manager. City shall obtain and keep in full force and effect liability insurance, or risk pool coverage, including errors and omissions coverage on a "per occurrence" basis, in sufficient amounts to ensure fulfillment of this hold harmless and indemnification clause. 7.4 Bonding. City shall bear the full cost of any fidelity or other bonds required of the Interim City Manager under any law or ordinance. 7.5 Integration. This Agreement is intended to be the final, complete, and exclusive statement of the terms of Retiree's employment by City. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of Retiree, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of City, now or in the future, apply to Retiree and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control. 7.6 Amendments. This Agreement may not be amended except in a written document signed by Retiree, approved by the City Council and signed by the City's Mayor. 7.7 Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. 7.8 Assi n�. Retiree shall not assign any rights or obligations under this Agreement. City may, upon prior written notice to Retiree, assign its rights and obligations hereunder. 7.9 Severability. If a court or arbitrator holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect. 7.10 Attorneys' Fees. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs. 7.11 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in Orange County, State of California. 7.12 Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party Interim City Manager Agreement City Council 34 — 12 11/21/2023 for responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the Parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel. 7.13 Acknowledgment. Retiree acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement. IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested to by its City Clerk, and Retiree has signed and executed this Agreement, as of the date first indicated above. RETIREE: CITY OF SANTA ANA THOMAS R. HATCH APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney VALERIE AMEZCUA Mayor ATTEST: JENNIFER L. HALL City Clerk Interim City Manager Agreement City Council 34 — 13 11/21/2023 City Manager's Office www.santa-ana.org/city-managers-office Item # 35 ram`' City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Compensation for Members of City Boards and Commissions AGENDA TITLE Ordinance Amending Section 2-325 of the Santa Ana Municipal Code to Provide that Compensation for City Boards and Commissions Shall be Set by Resolution of the City Council RECOMMENDED ACTION Approve the first reading of an ordinance amending Section 2-325 the Santa Ana Municipal Code to provide that compensation for City Boards and Commissions shall be set by resolution of the City Council. ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-325 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE THAT COMPENSATION FOR CITY BOARDS AND COMMISSIONS SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL GOVERNMENT CODE 484308 APPLIES: No DISCUSSION Some local governments, like the City of Santa Ana, have boards and commissions. Boards and commissions are advisory groups that study specific policy areas and report to the City Council about the work they do when they meet together. This helps the City Council deliberate on common municipal issues that affect the city. The City has 10 boards/commissions/committees. To increase flexibility, respond to economic conditions, and centralize the compensation provisions relating to City boards and commissions into one single policy document, staff recommends that the Santa Ana Municipal Code be amended to provide for setting compensation for City Boards and Commissions by City Council resolution. Here is an overview of each. Arts and Culture Commission The Arts and Culture Commission advocates for arts education, cultural diversity, and City Council 35 — 1 11/21/2023 Compensation for Members of City Boards and Commissions November 21, 2023 Page 2 other initiatives that further the growth and sustainability of the arts and culture in Santa Ana. Community Development Commission The Community Development Commission assists in soliciting resident participation related to community development initiatives, programs and uses of Housing and Urban Development funds throughout the City. Environmental and Transportation Advisory Commission The Environmental and Transportation Advisory Commission reviews and provides recommendations with regard to the removal, planting, replanting, or disposition of public trees. Historic Resources Commission The Historic Resources Commission provides recommendations regarding places of historical architectural significance in order to rehabilitate and preserve historic heritage. Parks and Recreation Commission The Parks and Recreation Commission advises in matters pertaining to the acquisition, capital improvements, rehabilitation, and maintenance of parks and recreational, cultural, zoo, and other facilities. Personnel Board The Personnel Board hears appeals related to the disciplinary suspension, demotion, or dismissal of any officer or employee having permanent status in the civil service. Planning Commission The Planning Commission serves as an advisory body on matters related to zoning and the General Plan. Police Oversight Commission The Police Oversight Commission acts through the Independent Oversight Director to provide the Chief of Police, City Manager, and City Council independent investigations, analysis, and recommendations on police practices, police misconduct, officer -involved shootings, and other serious uses of force to improve transparency, increase accountability, and improve positive police -community relations. Rental Housing Board The Rental Housing Board conducts hearings on petitions, applications, and appeals of hearings determined by a hearing officer submitted by landlords or tenants, promulgates and implements policies and procedures for the administration and enforcement of the Rent Stabilization and Just Cause Eviction Ordinance, makes such studies, surveys, and investigations, conducts such hearings, and obtains such information as is necessary to carry out its powers and duties, and reviews and assesses yearly that City Council 35 — 2 11/21/2023 Compensation for Members of City Boards and Commissions November 21, 2023 Page 3 sufficient number of staff are employed, including a program administrator, hearing officers, housing counselors, and legal staff, as may be necessary to perform its function efficiently in order to fulfill the purpose of Article XIX of the Santa Ana Municipal Code. Youth Commission The Youth Commission acts in an advisory capacity and recommends programs that stimulate a prosperous environment for the youth of Santa Ana. Measure X Citizen Oversight Committee On November 6, 2018, the voters of the City of Santa Ana approved Measure X (Santa Ana Neighborhood Safety, Homeless Prevention, and Essential City Services Enhancement Measure). Measure X is a regressive local sales tax measure that became effective April 1, 2019 and raises the City's sales tax by 1.5 percent for 10 years, until 2029, and reduces to 1 percent for an additional 10 years, until 2039. Measure X requires that the City establish an oversight committee to review the revenues and expenditures associated with Measure X. Unlike all other City boards and commissions, the resolution establishing the Measure X Citizen Oversight Committee provides that members do not receive compensation. More information about City boards and commissions is available on our website: www.santa-ana.org/boards-and-commissions. Next Steps For City Council consideration, staff has prepared an ordinance (Exhibit 1) amending the municipal code to provide that the compensation for City boards and commissions shall be set by City Council resolution. If approved, existing compensation amounts identified in Section 2-325 will be deleted and will instead be identified in a resolution to be considered by the City Council. In December 2023, staff intends to present to the City Council a resolution to set the new compensation amounts for City boards and commissions. Notably, the cost of the change in compensation for City boards and commissions will be absorbed within existing departmental budgets. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Ordinance Submitted By: Daniel Soto, Principal Management Analyst Approved By: Steven A. Mendoza, Acting City Manager City Council 35 — 3 11/21/2023 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-325 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE THAT COMPENSATION FOR CITY BOARDS AND COMMISSIONS SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL 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, in an effort to increase flexibility, respond to economic conditions, and centralize compensation for all City Boards and Commissions, the City Council desires to amend Santa Ana Municipal Code Sections 2-325 to provide that compensation for City Boards and Commissions shall be set by resolution of the City Council. Section 2. The Santa Ana City Council hereby amends Section 2-325 of Article IV of Chapter 2 of the Santa Ana Municipal Code as follows (new language is underlined and deleted language is stricken): Sec. 2-325. Compensation for members of boards, commissions. 1. The members Of the fGHOWiRg Compensation for City boards and commissions of the Got shall reGeiye the nmmponsatinn as cot fhow be set by resolution of the citv council.: .. ., .. ... ._ fffOM'171 ------------ Ordinance No. NS-XXXX Pa 4 F I 'tit y Co'uncil 35 — 4 11/21/2023 � r • . r s,.:r.... . I:. � w�: � ..•vim::..... �: • .— •. • r. r•.. .•MUM. ' • . •... • • •• .. • • ••WMIA.1 1-00-11u • • • 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, resolution, or order of the city council. 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. Ordinance No. NS-XXXX of 4 City Council 35 — 5 11/21 2 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 November, 2023. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By. Laura A. Rossini Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Valerie Amezcua Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, 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 , 2023 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Jennifer L. Hall City Clerk Ordinance No. NS-XXXX Pay i y ouncil 35 — 6 11/21/2023 City Clerk's Office www.santa-ana.org/city-clerks-office Item # 36 ram`' City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Orange County Mosquito and Vector Control District Member Appointment AGENDA TITLE Nominate and Appoint a Representative to Serve on the Orange County Mosquito and Vector Control Board of Trustees to Serve Either a Two -Year or a Four -Year Term RECOMMENDED ACTION Nominate and appoint a representative to serve on the Orange County Mosquito and Vector Control Board to Serve Either a Two -Year or Four -Year Term, Effective January 1, 2024 GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Mayor and City Council represent the City's interests in regional issues by serving on a number of regional boards that make public policy decisions, including in the area of vector control through the Orange County Mosquito and Vector Control District ("OCMVCD") Board of Trustees. On October 4, 2022, City Council appointed former Councilmember Nelida Mendoza to complete an unexpired term on the OCMVCD Board due to the resignation of the previous representative, resident Cecilia Aguinaga. Ms. Mendoza's term expires on January 1, 2024. The OCMVCD Board has requested that the City Council consider reappointing Ms. Mendoza or appointing a new representative for the City on the OCMVCD Board, It is the City Council's discretion to determine if the appointee will serve a two- or four-year term, from which the representative may only be removed for cause. The mission of the Orange County Mosquito and Vector Control District is to educate and protect Orange County from vectors and prevent vector -borne diseases in an environmentally responsible manner. The District is composed of a 35-member Board of Trustees, consisting of one member from each Orange County city and one member from the county at large. The Board of Trustees is responsible for the overall governance of the District, including setting District policy, approving the annual budget, establishing strategic goals and objectives, and being an advocate for the District. City Council 36 — 1 11/21/2023 Orange County Mosquito and Vector Control District Member Appointment November 21, 2023 Page 2 Additional information on the OCMVCD can be found on their website: www. ocvecto r. o rq . The City's representative must be a registered voter and resident of Santa Ana pursuant to California Health and Safety Code Section 2202(b). The representative may be a member of the City Council or a resident of the city. The term of office will commence at 12:00 P.M. on January 1, 2024. The Board of Trustess meets at 3:00 P.M. on the third Thursday of every month at the Orange County Mosquito and Vector Control District headquarters located at 13001 Garden Grove Blvd., Garden Grove, CA 92843. Board members receive compensation of $100 per regular Board meeting. The City has complied with FPPC Regulation 18702.5, which requires posting those certain paid positions in which members have self -appointment authority. As such, the City Council may vote on this appointment. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Regional Board Description 2. OCMVCD Letter Submitted By: Jennifer L. Hall, City Clerk Approved By: Steven A. Mendoza, Acting City Manager City Council 36 — 2 11/21/2023 REGIONAL BOARDS/AGENCIES DESCRIPTIONS ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT (OCMVCD) The Orange County Mosquito and Vector Control Board is an independent special district dedicated to controlling rats, mosquitoes, and other disease carrying and public health pests. Activities also include surveillance of vectors and vector -borne diseases, public education services, identification of public health pests, and specific powers as outlined in the California Health and Safety Code. Each Trustee is appointed by the city they represent to serve a two or four-year term, and may only be removed for cause. Membership: Council Member or resident Compensation: $100/per meeting (in lieu of expenses) Term Limits: None; member serves a two or four year term, at discretion of Council Meeting Location: Orange County Mosquito and Vector Control District Headquarters, 13001 Garden Grove Blvd, Garden Grove, CA 92843 Meeting Date/Time: 3rd Thursday of each month at 4:00 P.M. Alternate. None Page 1 of 1 City Council 36 — 3 11/ /2 2023 BOARD OFFICERS FOR 2023 13001 GARDEN GROVE BOULEVARD PRESIDENT GARDEN GROVE, CA 92M-2102 PEGGY H LIANG P HONE: 1714) 971.2421 VICE-PRESIDENT CRAIG GREEN FAxr (714) 971-3W SECRETARY .... .. oC_Yr[yCyeC[pr.Qrp CEOLIA HUPP - _� ocvoMr." DISMOT MANAGER ; LDRA B YOUNG p CLERK OF THE BOARD TAWNIA E PETT • October 24, 2023 BOARD OF TRUSTEES-2023 ALISO VIEJO RICHARD HURT ANAHEIM Santa Ana City Council LU CI LLE KRING BREA City of Santa Ana CECILIA HUPP BUENA PARK 20 Civic Center Plaza JOYCE AHN COSTA MESA Santa Ana, CA 92702 WILLIAM TURPIT CYPRESS BONNIE PEAT Y pear Mayor and Council Members: DAHA POINT JOHN GABSARO FOUNTAIN VALLEY KIMCONSTANTINE The term of office of your representative, Nelida Mendoza, will expire on the first Monday in FULLERTON FREOJUNG ,January 2024. As you know, Nelida Mendoza was appointed in October 2022, and has GARDEN GROVE STEPHANIEILOPFENSTEIN attended 5 of the 11 meetings held for 45 percent record of r'lttendanee. HUNTINGTON BEACH MIKE POSEY IRVINE The for representative on the Board of Trustees are stated in Section AMMYKIM qualifications your `p HABRA 2022 of the California Health and Safety Code as follows: JAhIE$ GDMEZ LA PALMA DEBBIE S BAKER LAGUNA BEACH "Section 2022. (b) Each persona appointed by a city council to be a member of a MARK ORGILL LAGUNA HILLS board of trustees shall be a voter in that city and a resident of the portion of the E RICA PFZOLD LAOUNANIGUEL city that is within the district." GENEJGHNS LAGUNA WOODS RORESSTHOR"E Your representative is appointed to a two or four term of office (Section 2024 of the LAKEF year ROLAMI PEOUErJO Health and Safety Code and cannot be replaced except for cause, Y � p P Las ALAmrras TANYA COSY MISSION VIEJO ROBERT RUE SCH "Section 2024. (a) Except as provided in Section 2023, the term of office far a NEWPORTBEACiH ERIK WEIGAND member of the board of trustees shall be for a term of two or four years, at the ORANGE JONATHAN DUMITRU discretion of the appointing authority. Terms of office commence at noon on the PLACENTIA CRAIGGREEN first Monday in January." RANCHO SANTA MARGARITA APRIL JOSEPHSON SASTEVE It is the Board's request that you reappoint Nelida Mendoza, or a successor, for the next q Y pp KNO STEVExNOBLOCK SAN JUAN CAPISTRANO term of office for either two or four years. Once an appointment is made, please send JOHN TAYLOR SANTAANA notification to the District by mail or e-mail to: tpett@ocvector.org. NELIDA MEND07A SEAL BEACH NATHAN STEELE STANTON Sincerely, GARY TAYLOR TJSTIN RGDMEZ �4_WAe VILLA PARK ORY57AL MILES WESTMINSTER AMY PHANWEST Tawnia Pett YORBA LINDA Executive Assistant/Clerk the Board A tep of colPiEGGYHOORANGE ELIZABETH Gc: Nelida Mendoza GUIL,EWMERCHANT "An independent Special District Serving Orange County Since 1947" The mission of the Orange County Mosquito and Vector Control a'IsWct is to educate and protect Orange County from vectors and prevent vector -borne diseases in an environmentally responsible manner. City Council 36 — 4 11/21/2023 Planning and Building Agency www.santa-ana.org/planning-and-building Item # 37 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 TOPIC: Anchor Stone Christian Church: 2938 South Daimler Street AGENDA TITLE Appeal No. 2023-07 Appealing Planning Commission Denial of CUP No. 2023-18 for Anchor Stone Christian Church to Allow a Proposed Assembly Use at 2938 South Daimler Street Legal notice published in the OC Reporter on November 8, 2023 and notices mailed on November 9, 2023. RECOMMENDED ACTION Adopt a resolution denying Appeal Application No. 2023-07 and upholding the determination of the Planning Commission to deny Conditional Use Permit No. 2023-18. RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2023-07 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO DENY CONDITIONAL USE PERMIT NO. 2023-18 TO ALLOW AN ASSEMBLY USE TO OPERATE AT 2938 SOUTH DAIMLER STREET GOVERNMENT CODE §84308 APPLIES: Yes EXECUTIVE SUMMARY Steven Lee, representing Anchor Stone Christian Church (Applicant and Property Owner), is requesting approval of Conditional Use Permit (CUP) No. 2023-18 to allow the operation of a church located at 2938 South Daimler Street. The property is located within the Professional (P) zoning district and has a General Plan Land Use Designation of Industrial/Flex-Medium (Flex-3). Pursuant to Section 41-313.5(n) of the Santa Ana Municipal Code (SAMC), churches located in the P zoning district require approval of a CUP. Moreover, pursuant to SAMC Section 41-638(a)(1), approval of a CUP is contingent on all five of the specified findings of fact contained therein being satisfied. Due to the inability to satisfy all five findings of fact required by the SAMC, among which includes the subject property's General Plan land use designation of Industrial/Flex- Medium (Flex-3) that does not allow community assembly uses such as the subject City Council 37 — 1 11/21/2023 Anchor Stone Christian Church: 2938 S. Daimler Street November 21, 2023 Page 2 church, City staff is unable to make the findings supporting the approval of the application. Planning Commission Action & Background At its regular meeting on September 11, 2023, the Planning Commission received a report and staff presentation, as well as public comments, on the subject CUP application. Following staff's presentation, the Planning Commission took comments from the public, including the applicant's legal counsel, on the proposed project. The Commission voted 6:1 (Ayes: Commissioners Benninger, Escamilla, Leo, Oliva, Pham, and Woo; Noes: Ramos) to adopt a resolution denying CUP No. 2023-18. On September 14, 2023, appellant Anchor Stone Christian Church (Applicant) filed Appeal No. 2023-07, pertaining to the Planning Commission's denial of CUP No. 2023- 18. Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions and may, after holding a public hearing, affirm, reverse, change, or modify the original decision, and may make any additional determination it shall consider appropriate within the limitations imposed by the SAMC. DISCUSSION Project Description The proposed church is located within a 5.43-acre site that contains an office complex with 18 buildings. The site is generally bounded by Deere Avenue to the east, Garry Avenue to the south, Pullman Street to the west, and Daimler Street to the north. The church is proposing to occupy a 3,843 square -foot unit that is part of an existing 8,250- square-foot building. The project proposes to occupy the aforementioned unit for worship services, religious education, and video production. Additionally, the project proposes to have summer bible school during one week of the summer. The proposed floorplan includes the lobby, social hall, auditorium, restrooms, meeting rooms, nursery to be used during worship services, and storage rooms. Proposed hours of operation would be Monday to Friday from 9:00 a.m. to 5:00 p.m. and Saturday from 10:00 a.m. to 7:00 p.m.; church services will be Sunday from 9:00 a.m. to 4:00 p.m. Interior tenant improvements include demolition of nonbearing walls and construction of new interior partitions, construction of a stage for an auditorium, upgrades to the electrical wiring, new plumbing fixtures, new mechanical equipment, and fire sprinklers. There are no exterior changes proposed with the project. Table 1: Proiect Location and Information Item Information Project Address & Council Ward 2938 South Daimler Street Ward 4 Nearest Intersection Daimler Street & Garry Avenue General Plan Designation Industrial/Flex-Medium Flex-3 Zoning Designation Professional P Surrounding Land Uses North Professional offices East Professional offices City Council 37 — 2 11/21/2023 Anchor Stone Christian Church: 2938 S. Daimler Street November 21, 2023 Page 3 Item Information South Professional offices West i Professional offices Property Size The entire office building complex is 5.43 acres, and the unit is 3,843 square feet. Existing Site Development The site is developed with an 18-building office complex. Use Permissions Allowed with approval of a CUP Zoning Code Sections Affected Development Standards Section 41-314 — 41-319 Uses Section 41-313.5 (n) Table 1: Develoament Standards Standards Required by SAMC Provided Building Height Maximum 35 Feet Complies; 25 Feet Setbacks Minimum 15 Feet Front Complies; 81 Feet Minimum 5 Feet Side Interior Complies; 200 Feet Minimum 10 Feet Rear Complies; Over 200 Feet Parking 1 space per 50 SF of floor area Complies with SAMC without fixed seats (The requirements (The total number number of parking spaces of parking spaces available on required for the church is 77 site is 560. However, the and the total number of parking application materials provided by spaces required for all onsite the applicant indicate that there uses is 505) are 34 parking spaces available due to lease restrictions). Project Background The project site was developed in 1978 with the existing office complex that encompasses 18 office buildings, on -site landscaping, and surface parking with a ratio of 3.8 parking spaces per 1,000 square feet of office space. The existing building is comprised of two units (2938 and 2932 South Daimler Street). The immediately adjacent unit at 2932 South Daimler Street is currently occupied by an office use. In May of 2023, Anchor Stone Christian Church applied for a certificate of occupancy for an administrative office space only, which is a use allowed by right in the P zoning district. Anchor Stone Christian Church currently operates at a separate location in the City of Irvine. On January 23, 2023, the applicant submitted a development project application to the City of Santa Ana for the change of use from office to a church. During the Development Review Project (DP) process, the Development Review Committee (DRC) identified that the proposed use was not consistent with the Industrial/Flex-Medium (Flex-3) General Plan land use designation. On February 21, 2023, staff and the applicant met to discuss the project, during which staff informed the applicant of the identified inconsistencies between the proposed use and the General Plan. As a result, the applicant was provided the option to withdraw the DP application or move forward with the CUP application without the supporting findings necessary in the approval of a CUP and the resulting denial recommendation. City Council 37 — 3 11/21/2023 Anchor Stone Christian Church: 2938 S. Daimler Street November 21, 2023 Page 4 Subsequently, additional meetings were held between staff and the applicant so that the applicant could learn more about the site's General Plan land use designation. On May 2, 2023, the applicant indicated intent to proceed with the subject application. The applicant subsequently submitted the CUP application on July 24, 2023. Analysis of Appeal Pursuant to Section 41-645 of the SAMC an appeal from a decision of the Planning Commission can be made by an interested party, individual, or group. An appeal application was received by Anchor Stone Christian Church appealing the Planning Commission's decision to deny CUP No. 2023-18. The appellant is requesting that the City Council overturn the Planning Commission's decision and approve CUP No. 2023-18 based on five factors. These include concerns related to the General Plan consistency and statements regarding Federal law violations. The Planning Commission agenda packet prepared for the project contains all necessary information for the Planning Commission to evaluate the applicant's request and is provided as Exhibit 2 to this report. A copy of the submitted appeal application is provided as Exhibit 3, and a detailed analysis of and response to the five claims made in Appeal No. 2023-07 is provided as Exhibit 4. Planning Commission Determination Supporting Denial CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community and General Plan. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make one or more of the requisite findings results in a denial. The proposed church, Anchor Stone Christian Church, currently operates in the City of Irvine. The applicant's request would allow the church to expand to the City of Santa Ana. The church would occupy a 3,843 square -foot tenant space previously occupied by an office use. The project site is located within an integrated professional office complex that is approximately 0.54 miles (2,851 feet) from the nearest sensitive land use. SAMC Section 41-638(a)(1) requires that all five of the specified findings of fact contained therein are satisfied before the Planning Commission may grant approval of a CUP, one of which is evaluating if the project will adversely affect the General Plan. The subject site's General Plan land use designation is Flex-3, which allows office/industrial flex spaces, research and development, and manufacturing corporate headquarters/campuses, and does not permit community assembly uses (e.g., churches) as a permissible use. City Council 37 — 4 11/21/2023 Anchor Stone Christian Church: 2938 S. Daimler Street November 21, 2023 Page 5 City Council 37 — 5 11/21/2023 Anchor Stone Christian Church: 2938 S. Daimler Street November 21, 2023 Page 6 Background on the General Plan The General Plan Update (GPU) was adopted in April 2022 after a seven-year effort of extensive community participation. In the pursuit of updating the General Plan, a comprehensive and inclusive approach involving numerous engagement efforts and interactions with the community was taken. The initiative began with over 60 community meetings and workshops, where residents, business leaders, and community stakeholders provided perspectives for the future vision of the community, including its land use plan in the Land Use Element. Individual community workshops were organized for the Five Focus areas identified, attracting the participation of hundreds of individuals. In addition, an online survey was circulated and received over 650 individual responses collecting input for the General Plan. The outreach effort also involved sending approximately 44,000 direct mailers to property owners and tenants in the Focus Areas, multilingual videos, and a dedicated webpage, providing ongoing updates on the process, related documents, and resources on Environmental Justice. Furthermore, engagement with the Planning Commission and City Council involved multiple study sessions and one-on-one meetings providing in-depth discussions and insights facilitating discussions at the municipal level and allowing for an informed and inclusive decision -making throughout the GPU process. These engagement efforts resulted in the crafting of the land use plan within the Land Use Element that reflects the community's visions for Santa Ana's growth and development citywide. The updated Land Use Element of the General Plan reflects and sets the community's land use and development policies and a vision for future development of the City. When considering projects of a discretionary nature, such as a CUP required for the proposed use, consistency with the General Plan must be established in order to satisfy the finding of fact that proposed uses will not have an adverse effect on the General Plan. General Plan Land Use Designation In reviewing the proposed discretionary approval request, staff evaluates the project against the five findings of fact codified in SAMC Section 41-638(a)(1), including consistency with the General Plan. Requiring consistency of a CUP with a local jurisdiction's general plan is well established by California case law. The California Supreme Court and Court of Appeal have consistently found that the discretionary approval of a CUP must be consistent with a general plan (Neighborhood Action Group v. County of Calaveras, 156 Cal. App. 3d 1176, 1185 (1984)), and that the general plan is atop the hierarchy of local government land use law, acting as a constitution for all future developments. (DeVita v. Cty. of Napa, 9 Cal. 4th 763, 773 (1995); citing Neighborhood Action Group, 156 Cal.App.3d at 1183.). The General Plan Land Use Element land use designation describes the site's Flex-3 and allowable uses are as follows: City Council 37 — 6 11/21/2023 Anchor Stone Christian Church: 2938 S. Daimler Street November 21, 2023 Page 7 The Industrial/Flex designation is intended to provide context -appropriate development in areas with existing industrial uses. When adjacent to existing residential neighborhoods, this designation can provide a buffer between homes and traditional industrial uses. When adjacent to urban - scale mixed -use development, this designation is more free to emphasize significant employment opportunities. Industrial/Flex allows for clean industrial uses that do not produce significant air pollutants, noise, or other nuisances typically associated with industrial uses, including office -industrial flex spaces, small-scale clean manufacturing, research and development and multilevel corporate offices, commercial retail, artist galleries, craft maker spaces, and live - work units'. Adaptive reuse of buildings to accommodate live -work units is encouraged. Standalone residential is not permitted. Building form and height should reflect the existing context and, if inside a Focus Area, communicate the envisioned character for the area. Based on the land use designation and development policies and allowable uses within the Flex-3 designation, the subject site is not suitable for the operation of community assembly, nor does it list community assembly -type uses as permissible under the land use designation. Conversely, land use designations such as General Commercial (GC) and its accompanying zoning districts allow for "retail and service establishments; recreational, cultural, and entertainment uses; business and professional offices; and vocational schools," among which "recreational, cultural, and entertainment uses" provide for community assembly such as religious facilities. General Plan Focus Area Designation In addition, the subject site is part of one of the five Focus Areas adopted by the General Plan also known as 55 Freeway and Dyer Road Focus Area. The various land use designations within each Focus Area work together to ensure consistency and diversity of land uses achieving development policies to balance developing goals and land use consistencies within the City. The five Focus Areas were identified by the General Plan Advisory Committee and refined through a seven-year community engagement process as the areas of the City most suitable for new development. The five Focus Areas are geographically distributed throughout the City, and each allows the City to meet its diverse needs. The purpose and intent, specific objectives, and custom land uses for each focus area were defined to facilitate new types of urban development and further embody the City's core values. The General Plan Land Use Element describes the purpose and intent of the 55 Freeway and Dyer Road Focus Area as follows: Table LU-A-1 in the Santa Ana General Plan Land Use Element does not permit live -work units in the Flex-3 designation within the 55 Freeway and Dyer Road Focus Area City Council 37 — 7 11/21/2023 Anchor Stone Christian Church: 2938 S. Daimler Street November 21, 2023 Page 8 The 55 Freeway and Dyer Road Focus Area will transition from a portion of the city that is almost exclusively focused on professional office jobs to one that supports a range of commercial, and industrial/flex development. The intent is to create opportunities for a truly urban lifestyle with easy access to Downtown Santa Ana, multiple transit options, and the new investments and amenities in adjacent communities. The 55 Freeway and Dyer Road Focus Area contains three General Plan land use designations at four intensities. Among these is the Flex-3 designation, which provides for the following land uses: "Office/industrial flex spaces, [research and development facilities], clean manufacturing, corporate headquarters and campuses. Live -work units are not permitted." The subject Focus Area contains various portions north of the project site, near the interchange of the 55 Freeway and Dyer Road, that are designated GC. This GC land use designation would allow for findings to be made that the subject CUP application does not adversely affect the General Plan, while the subject site's Flex-3 designation would render the Planning Commission unable to make this required consistency finding. General Plan Goals and Policies The subject project will not be consistent with the goals and policies of the General Plan, including those from the Land Use Element (LU) and the Economic Prosperity Element (EP). An analysis of these inconsistencies is provided in Table 3 below. Table 3: Project Location and Information General Plan Goal or Policy Analysis LU-1.1, which encourages The introduction of a community assembly use and a Bible school compatibility between land uses to to the existing office complex will generate noise, traffic and enhance livability and promote healthy queuing, solid waste generation and circulation. Moreover, it will lifestyles. introduce assembly uses with youth services in close proximity to existing industrial uses in the area, counter to this General Plan policy. Additionally, the Flex-3 land use designation allows future developments with clean industrial and office uses in accordance with Table LU-A-2, which specifies interim industrial flex uses. Community assembly such as churches is not permitted. Irreconcilable land use conflicts between a sensitive receptor such as the proposed church and its school operations will be generated if the subject application were approved with future industrial uses taking place in the land use designation of the Focus Area. The purpose of the land use plan of the Land Use Element is to prevent these irreconcilable land use conflicts from occurring in the future between sensitive receptors and surrounding industrial uses. Lastly, the Flex-3 land use designation allows primarily office, industrial, clean manufacturing, research and development, and City Council 37 — 8 11/21/2023 Anchor Stone Christian Church: 2938 S. Daimler Street November 21, 2023 Page 9 General Plan Goal or Policy Analysis similarly -natured industrial/production-oriented land uses and does not allow community assembly such as churches. This land use principle of preventing inconsistent land uses from locating in the same areas is currently codified in the City's Light and Heavy industrial (M1 and M2) zoning districts. The Flex-3 General Plan use designation points to the M1 land uses in Table LU-A-2 as examples of clean industrial uses commensurate with the General Plan land use designation, reaffirming this principle of not locating sensitive receptors such as community assembly uses within or in proximity to industrial areas of the City. LU-4.1, which supports complete The site is surrounded by professional and industrial uses, and neighborhoods by encouraging a mix the nearest residential community is approximately 0.3 miles of complimentary uses, community away. As such, the introduction of a religious institution in this site services, and people places within a would not be compatible with the surrounded uses and will not walkable area. encourage development of place -making within a walkable area. Moreover, as detailed above, the purpose of the land use plan of the Land Use Element is to prevent irreconcilable land use conflicts from occurring in the future between sensitive receptors and surrounding industrial uses. However, irreconcilable land use conflicts between a sensitive receptor such as the proposed church and its school operations will be generated if the subject application were approved with future industrial uses taking place in the land use designation of the Focus Area. EP-1.9, which seeks to avoid potential Establishing uses such as community assembly, coupled with land use conflicts by prohibiting the youth services and Bible school, would introduce sensitive location of sensitive receptors and receptors into an area that is mostly comprised of industrial and noxious land uses in close proximity. office uses and that is intended to transition to industrial uses over time, through implementation of the General Plan. The purpose of the land use plan in the Land Use Element is to prevent these land use conflicts from taking place through goals, policies, and zoning practices designed to create "a physical environment that encourages healthy lifestyles, a planning process that ensures that health impacts are considered, and a community that actively pursues policies and practices that improve the health of our residents," as listed as an adopted Core Value of the Land Use Element. Approval of the subject application would be contrary to the Land Use Element and this adopted Core Value. EP-2.3, which encourages the As promulgated by the adopted General Plan Land Use Element, development of mutually beneficial introducing community assembly does not support the and complementary business clusters development of mutually beneficial and complementary business within the community. clusters at the subject site. To the contrary, it will create irreconcilable conflicts by introducing a sensitive receptor within an area that is presently and continuing to transition to industrial uses. Approval of the requested application would lead to present and future land use conflicts stemming from noise, traffic, vibrations, queuing, solid waste generation, and circulation. City Council 37 — 9 11/21/2023 Anchor Stone Christian Church: 2938 S. Daimler Street November 21, 2023 Page 10 General Plan Goal or Policy Analysis Moreover, community assembly uses are not listed as permissible within the subject site's General Plan land use designation, as the use is not considered among those that foster development of mutually beneficial and complementary business clusters within the community. The land use would be incompatible with surrounding uses and approval of the CUP would be contrary to the General Plan. Public Notification and Community Outreach Public notifications were posted, published, and mailed in accordance with City and State regulations. There are no established Neighborhood Associations in the vicinity as the property is surrounded by industrial and commercial uses within the 1,000-foot radius. At the time this report was printed, no issues of concern were raised regarding the proposed CUP. ENVIRONMENTAL IMPACT Denial of Appeal No. 2023-07 would result in upholding the Planning Commission's September 11, 2023, denial of the requested entitlement, thereby resulting in no project. Therefore, there is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution 2. Planning Commission Agenda Packet with Public Comments 3. Appeal Application 4. City Response to Appeal Application Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Steven A. Mendoza, Acting City Manager City Council 37 — 10 11/21/2023 RESOLUTION NO. 2023-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2023-07 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO DENY CONDITIONAL USE PERMIT NO. 2023-18 TO ALLOW AN ASSEMBLY USE TO OPERATE AT 2938 SOUTH DAIMLER STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Property Owner Anchor Stone Christian Church (Applicant) is requesting approval of Conditional Use Permit (CUP) No. 2023-18 to allow an assembly use to operate at an existing office space located at 2938 South Daimler Street. B. Pursuant to Section 41-313.5(n) of the Santa Ana Municipal Code (SAMC), assembly uses such as churches located in the P zoning district require approval of a CUP. C. Pursuant to SAMC Section 41-638(a)(1), the Planning Commission shall grant approval of a CUP only if all five of the specified findings of fact contained therein are satisfied. D. On July 18, 2022, the Applicant acquired the site located at 2938 South Daimler Street, prior to contacting City of Santa Ana staff to ensure the proposed use would be allowed subject to General Plan land use consistency, zoning laws, and land use requirements. E. The Applicant did not engage with the City regarding the permissibility of their proposed assembly use on the Property. It is a fundamental responsibility of any party seeking to establish a new use, to proactively seek clarity on the regulatory and zoning requirements from City staff. This proactive approach involves consulting with relevant municipal departments, understanding the jurisdiction's General Plan and zoning ordinances, and ensuring alignment with the City's land use policies. F. Alternative General Plan land use designations such as General Commercial (GC) and its accompanying zoning districts allow for retail and service establishments; recreational, cultural, and entertainment uses; business and professional offices; and vocational schools, among which recreational, cultural, and entertainment uses provide for community assembly such as religious facilities. Resolution No. 2023-XX Page 1 of 8 City Council 37 —11 11/21/2023 G. The City's land use restrictions are applied uniformly to all general assembly uses. H. As outlined herein and the Request for City Council Action (RFCA), it is evident that the Applicant's proposed assembly use does not adhere to the principles and objectives laid out in the City's General Plan. On January 23, 2023, the Applicant submitted a development project application to the City for the change of use from office to an assembly use. Following a thorough analyses during the Development Project Review (DP) process, the Development Review Committee (DRC) identified that the proposed use was not consistent, conflicts with, and negatively impacts the enjoyment and uses of the property within the Industrial/Flex-Medium (Flex-3) General Plan land use designation. J. Based on the project's General Plan inconsistency, staff is unable to recommend approval of the Applicant's request due to the inability to satisfy all five findings of fact required by SAMC Section 41-638(a)(1), among which includes the subject property's General Plan land use designation of Industrial/Flex-Medium (Flex-3) that does not allow community assembly uses such as the subject church. K. Requiring consistency of a CUP with a local jurisdiction's general plan is well established by California case law. The California Supreme Court and Court of Appeal have consistently found that the discretionary approval of a CUP must be consistent with a general plan (Neighborhood Action Group v. County of Calaveras, 156 Cal. App. 3d 1176, 1185 (1984)), and that the general plan is atop the hierarchy of local government land use law, acting as a constitution for all future developments. (De Vita v. Cty. of Napa, 9 Cal. 4th 763, 773 (1995); citing Neighborhood Action Group, 156 Cal.App.3d at 1183.) L. On February 21, 2023, staff and the Applicant met to discuss the project, during which staff informed the Applicant of the identified inconsistencies between the proposed use and the General Plan. As a result, the Applicant was given the option to withdraw the DP application or move forward with the CUP application without the supporting findings necessary in the approval of a CUP and denial recommendation. M. On May 2, 2023, the Applicant indicated, as documented in the RFCA, intent to proceed with the CUP application knowing the proposed use did not have the requisite supporting finding necessary for the CUP approval. N. On July 24, 2023, the Applicant submitted the CUP application proposing to convert an existing office space into a church. O. On September 11, 2023, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2023-18. The Commission voted 6:1 (Ayes: Commissioners Benninger, Escamilla, Leo, Oliva, Pham, and Woo; Resolution No. 2023-XX Page 2 of 8 City Council 37 — 12 11/21/2023 Noes: Ramos) to adopt a resolution denying CUP No. 2023-18. P. On September 14, 2023, appellant Steven Lee with Anchor Stone Christian Church, filed Appeal No. 2023-07. Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions ad may, after holding a public hearing, affirm, revers, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitation imposed by Chapter 41 of the SAMC. To support the City's recommendation to deny the appeal application and uphold the Planning Commission's denial of CUP No. 2023-18, the City prepared a response to the comments contained within the appeal application, attached as Exhibit 4 to the Request for Council Action (RFCA) staff report, dated November 21, 2023. Q. On November 21, 2023, the City Council held a duly noticed public hearing on Appeal No. 2023-07 for CUP No. 2023-18. R. The City Council determines that the following findings, which must be established in order to grant CUP No. 2023-18 pursuant to SAMC Section 41- 638(a)(1), have not been established. Specifically, CUP Finding 5 of Section 41-638(a)(1)(v) that the proposed use will not adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. Therefore, the City Council affirms the Planning Commission's denial of CUP-2023-18 finding: 1. That the proposed use will adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. The subject site has a General Plan land use designation of Industrial/Flex-Medium (Flex-3), which is intended to provide context -appropriate development in areas with existing industrial uses. Industrial/Flex allows for clean industrial uses that do not produce significant air pollutants, noise, or other nuisances typically associated with industrial uses, including office - industrial flex spaces, small-scale clean manufacturing, research and development and multilevel corporate offices, commercial retail, artist galleries, craft maker spaces, and live -work units. Based on the land use designation, development policies and allowable uses within the Flex-3 designation, the subject site is not suitable for the operation of community assembly, nor does it list community assembly -type uses as permissible under the land use designation. Conversely, land use designations such as General Commercial (GC) and its accompanying zoning districts allow for "retail and service establishments; recreational, cultural, and entertainment uses; business and professional offices; and vocational schools," among which "recreational, cultural, and entertainment uses" provide for community assembly such as religious facilities. Resolution No. 2023-XX Page 3 of 8 City Council 37 — 13 11/21/2023 In addition, the subject site is part of one of the five Focus Areas adopted by the General Plan also known as 55 Freeway and Dyer Road Focus Area. The various land use designations within each Focus Area work together to ensure consistency and diversity of land uses achieving development policies to balance developing goals and land use consistencies within the City. The five Focus Areas were identified by the General Plan Advisory Committee and refined through a seven-year community engagement process as the areas of the City most suitable for new development. The five Focus Areas are geographically distributed throughout the City, and each allows the City to meet its diverse needs. The purpose and intent, specific objectives, and custom land uses for each focus area were defined to facilitate new types of urban development and further embody the City's core values. Furthermore, the 55 Freeway and Dyer Road Focus Area is intended to transition from an area that exclusively focused on professional office to an area that supports a range of commercial, and industrial/flex development. Moreover, the overall scale and experience of the focus area along the freeway and city boundary are intended to reflect an urban intensity and design, with inspiring building forms and public spaces. The industrial/flex land use designation is meant to promote large- scale office -industrial flex spaces, multilevel corporate offices, and research and development in creative buildings and spaces. Additionally, the subject project will not be consistent with the goals and policies of the General Plan, including those from the Land Use Element (LU) and the Economic Prosperity Element (EP). Specifically, policies 1.1 and 4.1 of the Land Use Element (LU) and policies 1.9 and 2.3 of the Economic Prosperity Element (EP). Policy 1.1 of the LU encourages compatibility between land uses to enhance livability and promote healthy lifestyles. The introduction of a community assembly use and a Bible school to the existing office complex will generate noise, traffic and queuing, solid waste generation and circulation. Moreover, it will introduce assembly uses with youth services in close proximity to existing industrial uses in the area, counter to this General Plan policy. Additionally, the Flex-3 land use designation allows future developments with clean industrial and office uses in accordance with Table LU-A-2, which specifies interim industrial flex uses. Community assembly such as churches is not permitted. Irreconcilable land use conflicts between a sensitive receptor such as the proposed church and its school operations will be generated if the CUP application were approved with future Resolution No. 2023-XX Page 4 of 8 City Council 37 — 14 11/21/2023 industrial uses taking place in the land use designation of the Focus Area. The purpose of the land use plan of the Land Use Element is to prevent these irreconcilable land use conflicts from occurring in the future between sensitive receptors and surrounding industrial uses. In addition, the Flex-3 land use designation allows primarily office, industrial, clean manufacturing, research and development, and similarly -natured industrial/production-oriented land uses and does not allow community assembly such as churches. This land use principle of preventing inconsistent land uses from locating in the same areas is currently codified in the City's Light and Heavy industrial (M1 and M2) zoning districts. The Flex-3 General Plan use designation points to the M1 land uses in Table LU-A-2 as examples of clean industrial uses commensurate with the General Plan land use designation, reaffirming this principle of not locating sensitive receptors such as community assembly uses within or in proximity to industrial areas of the City. Policy 4.1 of the LU supports complete neighborhoods by encouraging a mix of complimentary uses, community services, and people places within a walkable area. The site is surrounded by professional and industrial uses, and the nearest residential community is approximately 0.3 miles away. As such, the introduction of a religious institution in this site would not be compatible with the surrounded uses and will not encourage development of place -making within a walkable area. Moreover, as detailed above, the purpose of the land use plan of the Land Use Element is to prevent irreconcilable land use conflicts from occurring in the future between sensitive receptors and surrounding industrial uses. However, irreconcilable land use conflicts between a sensitive receptor such as the proposed church and its school operations will be generated if the CUP application were approved with future industrial uses taking place in the land use designation of the Focus Area. Policy 1.9 of the EP seeks to avoid potential land use conflicts by prohibiting the location of sensitive receptors and noxious land uses in close proximity. Establishing uses such as community assembly, coupled with youth services and Bible school, would introduce sensitive receptors into an area that is mostly comprised of industrial and office uses and that is intended to transition to industrial uses over time, through implementation of the General Plan. The purpose of the land use plan in the Land Use Element is to prevent these land use conflicts from taking place through goals, policies, and zoning practices designed to create "a physical environment that encourages healthy lifestyles, a planning process that ensures that health impacts are considered, and a community that actively pursues policies and Resolution No. 2023-XX Page 5 of 8 City Council 37 — 15 11/21/2023 practices that improve the health of our residents," as listed as an adopted Core Value of the Land Use Element. Approval of the CUP application would be contrary to the Land Use Element and this adopted Core Value. Policy 2.5 of the EP encourages the development of mutually beneficial and complementary business clusters within the community. As promulgated by the adopted General Plan Land Use Element, introducing community assembly does not support the development of mutually beneficial and complementary business clusters at the subject site. To the contrary, it will create irreconcilable conflicts by introducing a sensitive receptor within an area that is presently and continuing to transition to industrial uses. Approval of the requested application would lead to present and future land use conflicts stemming from noise, traffic, vibrations, queuing, solid waste generation, and circulation. Moreover, community assembly uses are not listed as permissible within the subject site's General Plan land use designation, as the use is not considered among those that foster development of mutually beneficial and complementary business clusters within the community. The land use would be incompatible with surrounding uses and approval of the CUP would be contrary to the General Plan. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, this project is exempt from further review under Section 15061(b)(4) of the CEQA Guidelines, as the City Council has denied Appeal No. 2023-07, and affirm the determination of the Planning Commission to deny Conditional Use Permit No. 2023-18. Section 3. The City Council of the City of Santa Ana, after conducting the public hearing, hereby denies Appeal No. 2023-07 and affirms the Planning Commission denial of CUP No. 2023-18 for the proposed assembly use at 2938 South Daimler Street. The denial shall prohibit the assembly use at the subject site but leaves in effect the permitted office uses, allowed by right under SAMC Section 41-313, subject to all applicable standards and regulations set forth in Chapter 41 of the Santa Ana Municipal Code. This decision is based upon the evidence submitted at the above -referenced hearing, including but not limited to: The Request for Planning Commission Action dated September 11, 2023, and exhibits attached thereto; the Request for City Council Action (RFCA) dated November 21, 2023 and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. [Signatures on the following page] Resolution No. 2023-XX Page 6 of 8 City Council 37 — 16 11/21/2023 ADOPTED this 21 st day of November 2023, by the following vote: Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Jose Montoya Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2023-XX Page 7 of 8 City Council 37 — 17 11/21/2023 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XX to be the original resolution adopted by the City Council of the City of Santa Ana on November 21, 2023. Date: City Clerk, City of Santa Ana Resolution No. 2023-XX Page 8 of 8 City Council 37 — 18 11/21/2023 Public Hearing: The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC Reporter on August 28, 2023 and notices were mailed on said date. 1. CONDITIONAL USE PERMIT NO. 2023-18 FOR THE PROPERTY LOCATED AT 2938 SOUTH DAIMLER STREET LOCATED WITHIN THE PROFESSIONAL (P) ZONING DISTRICT. Project Applicant: Steven Lee (Applicant) on behalf of Anchor Stone Christian Church (Property Owner). Proposed Project: The applicant is requesting approval of Conditional Use Permit No. 2023-18 to allow a church to occupy the existing office building. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), there is no environmental impact associated with this action. Recommended Action: Adopt a resolution denying Conditional Use Permit No. 2023-18. Minutes: Commission had questions for staff, and applicant's attorney, and architect. Applicant, Steven Lee, spoke in favor of the project. Resident, Scott Yilshen, spoke in favor of the project. Resident, Michael Ellman, spoke in favor of the project. City Council 37 — 19 11/21/2023 Planning and Building Agency Item # 1 otz City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report September 11, 2023 Topic: CUP No. 2023-18 — Anchor Stone Christian Church (2938 S. Daimler Street) RECOMMENDED ACTION Adopt a resolution denying Conditional Use Permit No. 2023-18. EXECUTIVE SUMMARY Steven Lee, representing Anchor Stone Christian Church (Applicant and Property Owner), is requesting approval of Conditional Use Permit (CUP) No. 2023-18 to allow the operation of a church located at 2938 South Daimler Street. The property is located within the Professional (P) zoning district and has a General Plan Land Use Designation of Industrial/Flex-Medium (Flex-3). Pursuant to Section 41-313.5(n) of the Santa Ana Municipal Code (SAMC), churches located in the P zoning district require approval of a CUP. Moreover, pursuant to SAMC Section 41-638(a)(1), the Planning Commission shall grant approval of a CUP only if all five of the specified findings of fact contained therein are satisfied. Due to the inability to satisfy all five findings of fact required by the SAMC, among which includes the subject property's General Plan land use designation of Industrial/Flex-Medium (Flex-3) that does not allow community assembly uses such as the subject church, City staff is unable to make the findings supporting the approval of the application. DISCUSSION Project Description The proposed church is located within a 5.43-acre site that contains an office complex with eighteen (18) buildings. The site is generally bounded by Deere Avenue to the east, Garry Avenue to the south, Pullman Street to the west, and Daimler Street to the north. The church is proposing to occupy a 3,843 square -foot unit that is part of an existing 8,250-square-foot building. The project proposes to occupy aforementioned unit for worship services, religious education, and video production. Additionally, the project proposes to have summer bible school during one week of the summer. The proposed floorplan includes the lobby, social hall, auditorium, restrooms, meeting rooms, nursery to be used during worship services, and storage rooms. Proposed hours of operation would be Monday to Friday from 9:00 a.m. to 5:00 p.m. and Saturday from 10:00 a.m. to 7:00 p.m.; church services will be Sunday from 9:00 a.m. to 4:00 p.m. Interior tenant improvements include demolition of nonbearing walls and construction of 'l� f►iGr, 1 1 gPlanninCommission CUP No. 2023-18 — Anchor Stone Christian Church (2938 S. Daimler Street) September 11, 2023 Page 2 wiring, new plumbing fixtures, new mechanical equipment, and fire sprinklers. There are no exterior changes proposed with the project. Table 1: Proiect Location and Information Item Information Project Address & Council Ward 2938 South Daimler Street Ward 6 Nearest Intersection Daimler Street & Garry Avenue General Plan Designation Industrial/Flex-Medium Flex-3 Zoning Designation Professional P Surrounding Land Uses North Professional offices East Professional offices South Professional offices West Professional offices Property Size The entire office building complex is 5.43 acres, and the unit is 3,843 square feet. Existing Site Development The site is developed with an 18-buildingoffice complex. Use Permissions Allowed with approval of a CUP Zoning Code Sections Affected Development Standards Section 41-314 — 41-319 Uses Section 41-313.5 n Table 2: Development Standards Standards Required by SAMC Provided Building Height Maximum 35 Feet Complies; 25 Feet Setbacks Minimum 15 Feet Front Complies; 81 Feet Minimum 5 Feet Side Interior Complies; 200 Feet Minimum 10 Feet Rear Complies; Over 200 Feet Parking 1 space per 50 SF of floor area without fixed seats Does not comply; 34 spaces Project Background The project site was developed in 1978 with the existing office complex that encompasses eighteen (18) office buildings, on -site landscaping, and surface parking with a ratio of 3.8 parking spaces per 1,000 square feet of office space. The existing building is comprised of two units (2938 and 2932 South Daimler Street). The immediately adjacent unit at 2932 South Daimler Street is currently occupied by an office use. In May of 2023, the church applied for a certificate of occupancy for administrative office space, which a use allowed by right in the P zoning district. Anchor Stone Christian Church currently operates at a separate location in the City of Irvine. On January 23, 2023, the applicant submitted a development project application to the City for the change of use from office to a church. During the Development Review Project (DP) process, the Development Review Committee (DRC) identified that the proposed use was not consistent with the Industrial/Flex-Medium (Flex-3) General Plan land use designation. 09 / 028ci I 1-2 37 — 21 11 /21 /2023 Planning Commission CUP No. 2023-18 — Anchor Stone Christian Church (2938 S. Daimler Street) September 11, 2023 Page 3 On February 21, 2023, staff and the applicant met to discuss the project, during which staff informed the applicant of the identified inconsistencies between the proposed use and the General Plan. As a result, the applicant was provided the option to withdraw the DP application or move forward with the CUP application without the supporting findings necessary in the approval of a CUP and the resulting denial recommendation. Following additional meetings between staff and the applicant so that the applicant could learn more about the site's General Plan land use designation, on May 2, 2023, the applicant indicated intent to proceed with the subject application. The applicant subsequently submitted the CUP application on July 24, 2023. Project Analysis CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community and General Plan. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings results in a denial. The proposed church, Anchor Stone Christian Church currently operates in the City of Irvine. The applicant's request would allow the church to expand to the City of Santa Ana. The church would occupy a 3,843 square -foot tenant space previously occupied by an office use. The project site is located within an integrated professional office complex that is approximately 0.54 miles (2,851 feet) from the nearest sensitive land use. SAMC Section 41-638(a)(1) requires that all five of the specified findings of fact contained therein are satisfied before the Planning Commission may grant approval of a CUP, one of which is evaluating if the project will adversely affect the General Plan. The subject site's General Plan land use designation is Flex-3, which allows office/industrial flex spaces, research and development, and manufacturing corporate headquarters/campuses and does not permit community assembly uses such as churches as a permissible use. Background on the General Plan The General Plan Update (GPU) was adopted in April 2022 after a seven-year effort of extensive community participation. In the pursuit of updating the General Plan, a comprehensive and inclusive approach involving numerous engagement efforts and interactions with the community was taken. The initiative began with over 60 community meetings and workshops, where residents, business leaders, and community stakeholders provided perspectives for the future vision of the community, including its land use plan in the Land Use Element. Individual community workshops were organized for the Five Focus areas identified, attracting the participation of hundreds of individuals. In addition, an online survey was circulated and received over 650 individual responses collecting input for the General Plan. The outreach effort also involved sending approximately 44,000 direct mailers to property owners and tenants in the Focus Areas, multilingual videos, and a dedicated webpage, providing ongoing updates on the process, 09 /028ci I 1 — 337 — 22 11 /21 /2023 Planning Commission CUP No. 2023-18 — Anchor Stone Christian Church (2938 S. Daimler Street) September 11, 2023 Page 4 related documents, and resources on Environmental Justice. Furthermore, engagement with the Planning Commission and City Council involved multiple study sessions and one- on-one meetings providing in-depth discussions and insights facilitating discussions at the municipal level and allowing for an informed and inclusive decision -making throughout the GPU process. These engagement efforts resulted in the crafting of the land use plan within the Land Use Element that reflects the community's visions for Santa Ana's growth and development citywide. The updated Land Use Element of the General Plan reflects and sets the community's land use and development policies and a vision for future development of the City. When considering projects of a discretionary nature, such as a CUP required for the proposed use, consistency with the General Plan must be established in order to satisfy the finding of fact that proposed uses will not have an adverse effect on the General Plan. General Plan Land Use Designation In reviewing the proposed discretionary approval request, staff evaluates the project against the five findings of fact codified in SAMC Section 41-638(a)(1), including consistency with the General Plan. Requiring consistency of a CUP with a local jurisdiction's general plan is well established by California case law. The California Supreme Court and Court of Appeal have consistently found that the discretionary approval of a CUP must be consistent with a general plan (Neighborhood Action Group v. County of Calaveras, 156 Cal. App. 3d 1176, 1185 (1984)), and that the general plan is atop the hierarchy of local government land use law, acting as a constitution for all future developments. (DeVita v. Cty. of Napa, 9 Cal. 4th 763, 773 (1995); citing Neighborhood Action Group, 156 Cal.App.3d at 1183.). The General Plan Land Use Element land use designation describes the site's Flex-3 and allowable uses are as follows: The Industrial/Flex designation is intended to provide context -appropriate development in areas with existing industrial uses. When adjacent to existing residential neighborhoods, this designation can provide a buffer between homes and traditional industrial uses. When adjacent to urban - scale mixed -use development, this designation is more free to emphasize significant employment opportunities. Industrial/Flex allows for clean industrial uses that do not produce significant air pollutants, noise, or other nuisances typically associated with industrial uses, including office -industrial flex spaces, small-scale clean manufacturing, research and development and multilevel corporate offices, 09 / 028ci I 1-4 37 — 23 11 /21 /2023 Planning Commission CUP No. 2023-18 — Anchor Stone Christian Church (2938 S. Daimler Street) September 11, 2023 Page 5 commercial retail, artist galleries, craft maker spaces, and live -work units'. Adaptive reuse of buildings to accommodate live -work units is encouraged. Standalone residential is not permitted. Building form and height should reflect the existing context and, if inside a Focus Area, communicate the envisioned character for the area. Based on the land use designation and development policies and allowable uses within the Flex-3 designation, the subject site is not suitable for the operation of community assembly, nor does it list community assembly -type uses as permissible under the land use designation. Conversely, land use designations such as General Commercial (GC) and its accompanying zoning districts allow for "retail and service establishments; recreational, cultural, and entertainment uses; business and professional offices; and vocational schools," among which "recreational, cultural, and entertainment uses" provide for community assembly such as religious facilities. General Plan Focus Area Designation In addition, the subject site is part of one of the five Focus Areas adopted by the General Plan also known as 55 Freeway and Dyer Road Focus Area. The various land use designations within each Focus Area work together to ensure consistency and diversity of land uses achieving development policies to balance developing goals and land use consistencies within the City. The five Focus Areas were identified by the General Plan Advisory Committee and refined through a seven-year community engagement process as the areas of the City most suitable for new development. The five Focus Areas are geographically distributed throughout the City, and each allows the City to meet its diverse needs. The purpose and intent, specific objectives, and custom land uses for each focus area were defined to facilitate new types of urban development and further embody the City's core values. The General Plan Land Use Element describes the purpose and intent of the 55 Freeway and Dyer Road Focus Area as follows: The 55 Freeway and Dyer Road Focus Area will transition from a portion of the city that is almost exclusively focused on professional office jobs to one that supports a range of commercial, and industrial/flex development. The intent is to create opportunities for a truly urban lifestyle with easy access to Downtown Santa Ana, multiple transit options, and the new investments and amenities in adjacent communities. The 55 Freeway and Dyer Road Focus Area contains three General Plan land use designations at four intensities. Among these is the Flex-3 designation, which provides for the following land uses: "Office/industrial flex spaces, [research and development Table LU-A-1 in the Santa Ana General Plan Land Use Element does not permit live -work units in the Flex-3 designation within the 55 Freeway and Dyer Road Focus Area 01 /028ci I 1 — 537 — 24 11 /21 /2023 Planning Commission CUP No. 2023-18 — Anchor Stone Christian Church (2938 S. Daimler Street) September 11, 2023 Page 6 facilities], clean manufacturing, corporate headquarters and campuses. Live -work units are not permitted." The subject Focus Area contains various portions north of the project site, near the interchange of the 55 Freeway and Dyer Road, that are designated GC. This GC land use designation would allow for findings to be made that the subject CUP application does not adversely affect the General Plan, while the subject site's Flex-3 designation would render the Planning Commission unable to make this required consistency finding. General Plan Goals and Policies The subject project will not be consistent with the goals and policies of the General Plan, including those from the Land Use Element (LU) and the Economic Prosperity Element (EP). An analysis of these inconsistencies is provided in Table 3 below. Table 3: Project Location and Information General Plan Goal or Policy Analysis LU-1.1, which encourages The introduction of a community assembly use and a Bible school compatibility between land uses to to the existing office complex will generate noise, traffic and enhance livability and promote healthy queuing, solid waste generation and circulation. Moreover, it will lifestyles. introduce assembly uses with youth services in close proximity to existing industrial uses in the area, counter to this General Plan policy. Additionally, the Flex-3 land use designation allows future developments with clean industrial and office uses in accordance with Table LU-A-2, which specifies interim industrial flex uses. Community assembly such as churches is not permitted. Irreconcilable land use conflicts between a sensitive receptor such as the proposed church and its school operations will be generated if the subject application were approved with future industrial uses taking place in the land use designation of the Focus Area. The purpose of the land use plan of the Land Use Element is to prevent these irreconcilable land use conflicts from occurring in the future between sensitive receptors and surrounding industrial uses. Lastly, the Flex-3 land use designation allows primarily office, industrial, clean manufacturing, research and development, and similarly -natured industrial/production-oriented land uses and does not allow community assembly such as churches. This land use principle of preventing inconsistent land uses from locating in the same areas is currently codified in the City's Light and Heavy industrial (M1 and M2) zoning districts. The Flex-3 General Plan use designation points to the M1 land uses in Table LU-A-2 as examples of clean industrial uses commensurate with the General Plan land use designation, reaffirming this principle of not locating sensitive receptors such as community assembly uses within or in proximity to industrial areas of the City. 09 / 028ci I 1 — 637 — 25 11 /21 /2023 Planning Commission CUP No. 2023-18 — Anchor Stone Christian Church (2938 S. Daimler Street) September 11, 2023 Page 7 General Plan Goal or Policy Analysis LU-4.1, which supports complete The site is surrounded by professional and industrial uses, and neighborhoods by encouraging a mix the nearest residential community is approximately 0.3 miles of complimentary uses, community away. As such, the introduction of a religious institution in this site services, and people places within a would not be compatible with the surrounded uses and will not walkable area. encourage development of place -making within a walkable area. Moreover, as detailed above, the purpose of the land use plan of the Land Use Element is to prevent irreconcilable land use conflicts from occurring in the future between sensitive receptors and surrounding industrial uses. However, irreconcilable land use conflicts between a sensitive receptor such as the proposed church and its school operations will be generated if the subject application were approved with future industrial uses taking place in the land use designation of the Focus Area. EP-1.9, which seeks to avoid potential Establishing uses such as community assembly, coupled with land use conflicts by prohibiting the youth services and Bible school, would introduce sensitive location of sensitive receptors and receptors into an area that is mostly comprised of industrial and noxious land uses in close proximity. office uses and that is intended to transition to industrial uses over time, through implementation of the General Plan. The purpose of the land use plan in the Land Use Element is to prevent these land use conflicts from taking place through goals, policies, and zoning practices designed to create "a physical environment that encourages healthy lifestyles, a planning process that ensures that health impacts are considered, and a community that actively pursues policies and practices that improve the health of our residents," as listed as an adopted Core Value of the Land Use Element. Approval of the subject application would be contrary to the Land Use Element and this adopted Core Value. EP-2.3, which encourages the As promulgated by the adopted General Plan Land Use Element, development of mutually beneficial introducing community assembly does not support the and complementary business clusters development of mutually beneficial and complementary business within the community. clusters at the subject site. To the contrary, it will create irreconcilable conflicts by introducing a sensitive receptor within an area that is presently and continuing to transition to industrial uses. Approval of the requested application would lead to present and future land use conflicts stemming from noise, traffic, vibrations, queuing, solid waste generation, and circulation. Moreover, community assembly uses are not listed as permissible within the subject site's General Plan land use designation, as the use is not considered among those that foster development of mutually beneficial and complementary business clusters within the community. The land use would be incompatible with surrounding uses and approval of the CUP would be contrary to the General Plan. 09 / 028ci I 1 — 737 — 26 11 /21 /2023 Planning Commission CUP No. 2023-18 — Anchor Stone Christian Church (2938 S. Daimler Street) September 11, 2023 Page 8 Public Notification and Community Outreach Public notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided in Exhibit 5. There are no established Neighborhood Associations in the vicinity as the property is surrounded by industrial and commercial uses within the 1,000-foot radius. At the time this report was printed, no issues of concern were raised regarding the proposed CUP. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution 2. Vicinity Zoning and Aerial Map 3. Vicinity General Plan Land Use Designation Map 4. Full Project Plans 5. Copy of Public Notices Submitted By: Fernanda Arias, Assistant Planner I Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency 09 /028ci I 1 — 837 — 27 11 /21 /2023 Planning Commission RESOLUTION NO. 2023-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2023-18 AS CONDITIONED TO ALLOW ANCHOR STONE CHRISTIAN CHURCH TO OPERATE AT 2938 SOUTH DAIMLER STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. Property Owner Anchor Stone Christian Church ("Applicant") is requesting approval of Conditional Use Permit (CUP) No. 2023-18 to allow a church to operate at an existing office space located at 2938 South Daimler Street. B. Pursuant to Section 41-313.5(n) of the Santa Ana Municipal Code (SAMC), churches located in the P zoning district require approval of a CUP. C. Pursuant to SAMC Section 41-638(a)(1), the Planning Commission shall grant approval of a CUP only if all five of the specified findings of fact contained therein are satisfied. D. On January 23, 2023, the Applicant submitted a development project application to the City for the change of use from office to a church. Following a thorough analyses during the Development Project Review (DP) process, the Development Review Committee (DRC) identified that the proposed use was not consistent and furthered conflicts negatively impacting enjoyment and uses of the property within the Industrial/Flex-Medium (Flex-3) General Plan land use designation. E. Based on the project's General Plan inconsistency, staff is unable to recommend approval of the Applicant's request due to the inability to satisfy all five findings of fact required by the SAMC, among which includes the subject property's General Plan land use designation of Industrial/Flex-Medium (Flex- 3) that does not allow community assembly uses such as the subject church. F. Requiring consistency of a CUP with a local jurisdiction's general plan is well established by California case law. The California Supreme Court and Court of Appeal have consistently found that the discretionary approval of a CUP must be consistent with a general plan (Neighborhood Action Group v. County of Calaveras, 156 Cal. App. 3d 1176, 1185 (1984)), and that the general plan is atop the hierarchy of local government land use law, acting as a constitution for all future developments. (DeVita v. Cty. of Napa, 9 Cal. 4th 763, 773 (1995); citing Neighborhood Action Group, 156 Cal.App.3d at 1183.) Resolution No. 2023-XXX Page 1 of 7 City /(26B8cil 1 — 937 — 28 11 /21 /2023 Planning Commission G. On February 21, 2023, staff and the Applicant met to discuss the project, during which staff informed the Applicant of the identified inconsistencies between the proposed use and the General Plan. As a result, the Applicant was given the option to withdraw the DP application or move forward with the CUP application without the supporting findings necessary in the approval of a CUP and denial recommendation. H. On May 2, 2023, the Applicant indicated intent to proceed with the CUP application. I. On July 24, 2023, the Applicant submitted the CUP application proposing to convert an existing office space into a church. J. On September 11, 2023, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2023-18. K. The Planning Commission determines that the following findings, which must be established in order to grant this CUP pursuant to SAMC Section 41-638, have not been established. Specifically, Conditional Use Permit Finding 5 of Section 41-638, as it relates to the proposed use adversely affecting the general plan of the city or any specific plan applicable to the area of the proposed use, is not met. Therefore, the finding for denial of CUP 2023-18 is adopted as follows: 1. That the proposed use will adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. The subject site has a General Plan land use designation of Industrial/Flex-Medium (Flex-3), which is intended to provide context -appropriate development in areas with existing industrial uses. Industrial/Flex allows for clean industrial uses that do not produce significant air pollutants, noise, or other nuisances typically associated with industrial uses, including office - industrial flex spaces, small-scale clean manufacturing, research and development and multilevel corporate offices, commercial retail, artist galleries, craft maker spaces, and live -work units. Based on the land use designation, development policies and allowable uses within the Flex-3 designation, the subject site is not suitable for the operation of community assembly, nor does it list community assembly -type uses as permissible under the land use designation. Conversely, land use designations such as General Commercial (GC) and its accompanying zoning districts allow for "retail and service establishments; recreational, cultural, and entertainment uses; business and professional offices; and vocational schools," among which "recreational, cultural, and entertainment uses" provide for community assembly such as religious facilities. Resolution No. 2023-XXX Page 2 of 7 09 /028ci I 1 — 107 — 29 11 /21 /2023 Planning Commission In addition, the subject site is part of one of the five Focus Areas adopted by the General Plan also known as 55 Freeway and Dyer Road Focus Area. The various land use designations within each Focus Area work together to ensure consistency and diversity of land uses achieving development policies to balance developing goals and land use consistencies within the City. The five Focus Areas were identified by the General Plan Advisory Committee and refined through a seven-year community engagement process as the areas of the City most suitable for new development. The five Focus Areas are geographically distributed throughout the City, and each allows the City to meet its diverse needs. The purpose and intent, specific objectives, and custom land uses for each focus area were defined to facilitate new types of urban development and further embody the City's core values. Furthermore, the 55 Freeway and Dyer Road Focus Area is intended to transition from an area that exclusively focused on professional office to an area that supports a range of commercial, and industrial/flex development. Moreover, the overall scale and experience of the focus area along the freeway and city boundary are intended to reflect an urban intensity and design, with inspiring building forms and public spaces. The industrial/flex land use designation is meant to promote large- scale office -industrial flex spaces, multilevel corporate offices, and research and development in creative buildings and spaces. Additionally, the subject project will not be consistent with the goals and policies of the General Plan, including those from the Land Use Element (LU) and the Economic Prosperity Element (EP). Specifically, policies 1.1 and 4.1 of the Land Use Element (LU) and policies 1.9 and 2.3 of the Economic Prosperity Element (EP). Policy 1.1 of the LU encourages compatibility between land uses to enhance livability and promote healthy lifestyles. The introduction of a community assembly use and a Bible school to the existing office complex will generate noise, traffic and queuing, solid waste generation and circulation. Moreover, it will introduce assembly uses with youth services in close proximity to existing industrial uses in the area, counter to this General Plan policy. Additionally, the Flex-3 land use designation allows future developments with clean industrial and office uses in accordance with Table LU-A-2, which specifies interim industrial flex uses. Community assembly such as churches is not permitted. Irreconcilable land use conflicts between a sensitive receptor such as the proposed church and its school operations will be generated if the CUP application were approved with future industrial uses taking place in the land use designation of the Resolution No. 2023-XXX Page 3 of 7 City /(26B8cil 1 —1 ?7 — 30 11 /21 /2023 Planning Commission Focus Area. The purpose of the land use plan of the Land Use Element is to prevent these irreconcilable land use conflicts from occurring in the future between sensitive receptors and surrounding industrial uses. In addition, the Flex-3 land use designation allows primarily office, industrial, clean manufacturing, research and development, and similarly -natured industrial/production-oriented land uses and does not allow community assembly such as churches. This land use principle of preventing inconsistent land uses from locating in the same areas is currently codified in the City's Light and Heavy industrial (M1 and M2) zoning districts. The Flex-3 General Plan use designation points to the M1 land uses in Table LU-A-2 as examples of clean industrial uses commensurate with the General Plan land use designation, reaffirming this principle of not locating sensitive receptors such as community assembly uses within or in proximity to industrial areas of the City. Policy 4.1 of the LU supports complete neighborhoods by encouraging a mix of complimentary uses, community services, and people places within a walkable area. The site is surrounded by professional and industrial uses, and the nearest residential community is approximately 0.3 miles away. As such, the introduction of a religious institution in this site would not be compatible with the surrounded uses and will not encourage development of place -making within a walkable area. Moreover, as detailed above, the purpose of the land use plan of the Land Use Element is to prevent irreconcilable land use conflicts from occurring in the future between sensitive receptors and surrounding industrial uses. However, irreconcilable land use conflicts between a sensitive receptor such as the proposed church and its school operations will be generated if the CUP application were approved with future industrial uses taking place in the land use designation of the Focus Area. Policy 1.9 of the EP seeks to avoid potential land use conflicts by prohibiting the location of sensitive receptors and noxious land uses in close proximity. Establishing uses such as community assembly, coupled with youth services and Bible school, would introduce sensitive receptors into an area that is mostly comprised of industrial and office uses and that is intended to transition to industrial uses over time, through implementation of the General Plan. The purpose of the land use plan in the Land Use Element is to prevent these land use conflicts from taking place through goals, policies, and zoning practices designed to create "a physical environment that encourages healthy lifestyles, a planning process that ensures that health impacts are considered, and a community that actively pursues policies and practices that improve the health of our residents," as listed as Resolution No. 2023-XXX Page 4 of 7 09 /028ci I 1 — 127 — 31 11 /21 /2023 Planning Commission an adopted Core Value of the Land Use Element. Approval of the CUP application would be contrary to the Land Use Element and this adopted Core Value. Policy 2.5 of the EP encourages the development of mutually beneficial and complementary business clusters within the community. As promulgated by the adopted General Plan Land Use Element, introducing community assembly does not support the development of mutually beneficial and complementary business clusters at the subject site. To the contrary, it will create irreconcilable conflicts by introducing a sensitive receptor within an area that is presently and continuing to transition to industrial uses. Approval of the requested application would lead to present and future land use conflicts stemming from noise, traffic, vibrations, queuing, solid waste generation, and circulation. Moreover, community assembly uses are not listed as permissible within the subject site's General Plan land use designation, as the use is not considered among those that foster development of mutually beneficial and complementary business clusters within the community. The land use would be incompatible with surrounding uses and approval of the CUP would be contrary to the General Plan. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, this project is exempt from further review under Section 15061(b)(4) of the CEQA Guidelines, as the Planning Commission has denied Conditional Use Permit No. 2023-18. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Resolution No. 2023-XXX Page 5 of 7 09 /028ci I 1 — 1 �7 — 32 11 /21 /2023 Planning Commission Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby denies Conditional Use Permit No. 2023-18 for the proposed church at 2938 South Daimler Street. The denial shall prohibit the church use at the subject site but leaves in effect the permitted office uses, allowed by right under SAMC Section 41-313, subject to all applicable standards and regulations set forth in Chapter 41 of the Santa Ana Municipal Code. This decision is based upon the evidence submitted at the above - referenced hearing, including but not limited to: The Request for Planning Commission Action dated September 11, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 11 th day of September 2023 by the following vote. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho City Attorney �� em;j;�� Jose Montoya Assistant City Attorney Resolution No. 2023-XXX Page 6 of 7 City /(26B8cil 1 — 1 �7 — 33 11 /21 /2023 Planning Commission CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 11, 2023. Date: Nuvia Ocampo Planning Commission Secretary Resolution No. 2023-XXX Page 7 of 7 City /(26B8cil 1 — 1 g7 — 34 11 /21 /2023 Planning Commission 8/11/23, 11:55AM CUP No. 2023-18 for Anchor Stone Christian Church 2938 S. Daimler Street yI! 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I, pment No. I1 ■ Specific Development No. 12 ■ Specific Development No. 13 ` ■ Specific Development No. 15 ■ Specific Qevelopme In W. 16 ■ Specific: Development No. 17 �' ■ Specific Development No. 18 _ �. ■ Speck Development No. 19 ■ Specific Development No. 2 Specific Development No. 20 ■ Specfc Development No 21 P _k, ■ Specific Development No25W+, S ecific Develo men, No 26 - - ■ p p , ■ Specific Development No. 27 ,■ Specfc Development No 31 _ .. ® SpenFc Qev I p nt PA 32 i.. 6 ® Specfic. Dev I P tN 34 ■ Sp. if, Dev I p tN 35, ■ SpenFc Dev I p t 'Jo. 36 Y ■ Specfc Development No38 ■ Specific Developm ent No 39 ■ Specific QeveloPment ■ Spenfir Development No. 40 ■ Specific Development No 41 a. - ■ Specfic Dsv pm ant No 42 - ■ Specific Development No 43 ■■ ■ Specific Qs I P t No 44 ■Sped,, DevIp tN 46 *4Ad /i .�` 7 ,•F 365 feet n ■ Specific Qev I p t No. 48 �Ir /, 00 10, ■ Spec Fc Ds,elopm ent No. 49 !'' `/^` Exhibit 2 - Vicinity Zoning and Aerial View �ity� �6B8c1l _ �7 — 35 n 7f1� linital Marl Pfr�piylfltry�(.�nhtc racarva i https://apps.spatiapf�r �i 7pS jon/CurrentBuild/Html/printpreview.html II //LL II/L�UJLLI{J 1/2 CUP No. 2023-18 for Anchor Stone Christian Church 2938 S. Daimler Street �' i fie Focus Area Outline 1�1 General Plan Land Use Designation LR-7 (Low Density Residential) LMR-11 (Low -Medium Density Residential) MR-15 (Medium Density Residential) +, CR-30 (Corridor Residential) INS (institutional) OS (Open Space) PAO (Professional & Administrative Office) PAO-1 (Professional &Administrative Office- Medium) PAO-1.5 (Professional & Administrative Office - Medium High) ��. PAO-2 (Professional & Administrative Office - High) Lj GC (General Commercial) _ GC-1 (General Commercial - Medium ) GC-1.5 (General Commercial - Medium High) 0 IND (Industrial) FLEX-1.5 (Industrial/i- Low) FLEX-3 (IndustriallFlex- Medium) ® UN-20 (Urban Neighborhood - Low) - UN-30 (Urban Neighborhood - Medium Low) - UNL40 (Urban Neighborhood - Medium) - UN-50 (Urban Neighborhood - Medium High) - OBPDC (One Broadway Plaza District Center) - DC-1 (District Center - Low) DG-t5 (District Center - Madium Low) - DC-2 (District Center - Medium) Allf DC-2.1 (District Center - Medium DC-2.1) `,• ♦, 0' �'. DC-2.54 (District Center - Medium DC-2 54) DC-3 (District Center -Medium High DC-3) h f ` DC-5 (District Center - High DC-5) Exhibit 3 - Vicinity General Plan Land Use Designation Map 09 A20B0cil 1 — 1 �7 — 36 11 /21 /2023 Planning Commission Exhibit 4 - Full Project Plans CUP No. 2023-18 for Anchor Stone Christian Church 2938 S. Daimler Street CITY OF SANTA ANA CONDITIONAL USE PERMIT (CUP) FOR: ANCHOR STONE CHRISTIAN CHURCH 2938 DAIMLER STREET, SANTA ANA, CA 92705 CUP SHEET INDEX SHEET NUMBER SHEET NAME A000-C COVER A010-C MAPS A011-C EXISTING SITE PLAN A101-C FLOOR PLAN - LEVEL 1 A111-C EXISTING EXTERIOR LLLVHIWINJ I,:z0111x09I►1701C1 ATWIN 1[0]►1 PROJECT SCOPE A RENOVATION OF EXISTING INTERIOR SPACE TO CREATE AN AUDITORIUM, MEETING ROOMS, AND SUPPORT SPACES FOR THE PURPOSE OF REED$ F&4Y 2938 DAIMLER STREET SANTA ANA, CA 92705 2. ASSESSOR'S PARCEL NUMBER 430-173-16 3. APPLICANT AND PROPERTY OWNER APPiI GAME 2938 DAIMLER SZNTMANA, CA 92705 PROPERTY OWNER: ANCHORSTONE CHRISTIAN CHURCH 2938 DAIMLER STREET SANTA ANA, CA 92705 4. REDVELOPMENT PROJECT AREA NOT APPLICABLE 5. CURRENT ZONING / GENERAL PLAN P/FLEX, INDUSTRIALIFLEX 6. TOTAL LOT SIZE EXISTING, NO CHANGE 7. PROPOSED USE AND FLOOR AREA RELIGIOUS ASSEMBLY - 3,621SF 8. OCC(LIPINRIM. ABIN(SF) B TYPE OF CONSTRUCTION: V-N a. OCC A-3 AREA: 2,369.57 SF b. OCC B AREA: 1,251.43 SF 9. OFF -SITE PARKING DIV 7, SEC. 41-1411 1:50 SF NON -FIXED SEATNG UQI37 / 50 PROVIDED 64 34 10. PARKING STALL DIMENSIONS: INTERIOR: 9'-0" X 1T-6" EXT PERIMETER: 9'-0" X 20'- 0" DRIVE AISLE: 23'-0" tarty /(2I 37 — 31 — 18 11/21/ YER Planning Commission 3032-11-169:0333 AM fflffl E[�� "Amin W J d 0 71751V�C PN OC [uros� ' � -\ • ar ut�e �. IIM i1 Giay /(2OB8cil Site3plan3 19 11 /21 /2023 Planning Commission H�7 i1,Cl�1(�\Iy] V Gr hi al :1 U 4U' SU' 1 ZU' 16U' �H p 3YA wli /(2088ciI 37 — 4q — 21 11 /21 /2023 Planning Commission 1r+:)1 T U1 LV REMAIN t TO OR W g g S BE CONSTRUCTED N U' 4' 3' 16' 32' U KF'LAN- V L 1 �H,, A ff li /(2088cil Planning Commission 37-4� —22 11 /21 /2023 �EN4)ON APPLICATION K%T10N T 11 ATIO �'fATI ff li /(2088cil Planning Commission 37 — 4? — 23 11 /21 /2023 ORANGE COUNTY REPORTER — SINCE 1921 -- 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGEN 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA - 92702 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE ) ss Notice Type: GPN - GOVT PUBLIC NOTICE Ad Description: 2938 S Daimler I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 09/01 /2023 Executed on: 09/01/2023 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature This space for filing stamp only O R#: 3734817 NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision - making process. We encourage you to contact us prior to the Public Hearing if you have any questions . Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or roup. roiect Location: 2938 South Daimler Street located within the Professional (P) zoning district. Project Applicant: Steven Lee (Applicant) on behalf of Anchor Stone Christian Church (Property Owner) Proposed Project: The applicant is requesting approval of Conditional Use Permit No. 2023-18 to allow a church to occupy the existing office building. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), there is no environmental impact associated with this action. Meeting Details: his matter will be heard on Monday, September 11, 2023 at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning- a nd-bu ild ing m-participation/. Written Comentsyou are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa- ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Fernanda Arias with the Planning and Building Agency at Fadas@santa-ana.org or(714)667-2792. Note: Iff you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Hamer a Nuvia Ocampo (714) 667-2732. N6ucAnlienIacbAngti6ngVI§t, An di g n tho 0 i cho Tony Lai s o (714) 565-2627. 9/1/23 OR-3734817# Il ,l►r iB G15 Email Planning Commission — 2�7 — 43 11 /21 /2023 CITY OF SANTA ANA Planninq and Building Agency 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group Project Location: 2938 South Daimler Street located within the Professional (P) zoning district. ProiTnnlicant. Steven Lee (Applicant) on behalf of Anchor Stone Christian Church (Property Owner) Proposed The applicant is requesting approval of Conditional Use Permit No. 2023-18 to allow a church to occupy the existing office building. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), there is no environmental impact associated with this action. Meeting Details: This matter will be heard on Monday, September 11, 2023 at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.or lanning-and-buildina- me� artici atp ion/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@san_ta-a_na.,ar_g (reference the Agenda Item # in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana. r�ov.com/ up blic/portal. Who To Contact For Questions: Should you have any questions, please contact Fernanda Arias with the Planning and Building Agency at F_a_das@santa-ana_o.rg or (714) 667-2792. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence Gity1/(2028cil 1 — 2g7 — 44 11/21/2023 Planning Commission delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. Neu can lien lac bang tieng Viet, xin dien thoai cho Tony Lai so (714) 565-2627. 1000' RADIUS NOTIFICATION MAP It 2938 South Daimler Street wit ` 028cil 1,000 FT.1B4gE+Map arming Commission 11 /21 /2023 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714) 647-5804 I. OWNER/APPLICANT Applicant Anchor Stone Christian Church APPEAL APPLICATION Full name of Person, Firm, or Corporation 626 616-2312 2938 Daimler Street, Santa Ana, CA 92705 ( ) Mailing Address Area Code Phone No. Legal Owner Name: Anchor Stone Christian Church. a California religious corporation Legal Owner Address: 2938 Daimler Street, Santa Ana, CA 92705 Phone No.: P26 ) 616-2312 P49 ) 466-7077 Fax: ( ) steven733@gm II. PROPERTY INFORMATION Land Use corporate office Professional (P) Flex-3 Existing Land Use of Property and/or Building Zoning District General Plan Designation Location 2938 Daimler Street, Santa Ana. California between E. Deere Avenue Street Address Name of Nearest Intersecting Street SEE REVERSE SIDE FOR SUBMITTAL REQUIREMENTS III. REASON FOR REQUEST In the following provided space, please clearly specify and explain the error(s) of decision or requirement upon which you are basing this appeal. (If additional space is needed, please attach additional comments to the back of this application.) Applicant appeals the Planning Commission's denial of Conditional Use Permit No, 21 Applicant is a religious corporation organized under California's Nonprofit Religious C Applicant appeals for the reasons previously stated at Tab 1 hereto, as well as the fol <> Denial of the CUP imposes a substantial burden on applicant's religious exercise <> City staff have never identified a compelling governmental interest for denying a C <> Applicant asked the Planning Commission to consider RLUIPA but it refused to do <> The City is continuing its unlawful "pattern and practice" of violating RLUIPA - See Applicant's Signature: Date: Sept. 14, 2023 APPEAL APPLICATION NO. cm\cntr-frm\appeal 5/00 City Council 37 — 46 11/21/2023 City Council 7 47 11/21/2023 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714) 647-5804 I. OWNERIAPPLICANT APPEAL APPLICATION Applicant Anchor Stone Christian Church Full name of Person, Firm, or Corporation 6 2938 Daimler Street, Santa Ana, CA 92705 (626 ) `-1 6-2 3 1 Mailing Address Area Code Phone No. Legal Owner Name: Anchor Stone Christian Church, a California religious corporation Legal owner Address: 2938 Daimler Street, Santa Ana, CA 92705 Phone No.: (626) 616-2312 (949) 466-7077 II. PROPERTY INFORMATION Land Use corporate office Existing Land Use of Properly and/or Building Location 293$ oa ruler Streel, Sanla Ana, California Street Address Fax: ( steven733Qgmail.com Professional (P) Flex-3 Zoning District General Plan Designation between E. Deere Avenue & E. Garry Avenue Name of Nearest Intersecting Street SEE REVERSE SIDE FOR SUBMITTAL REQUIREMENTS III. REASON FOR REQUEST In the following provided space, please clearly specify and explain the error(s) of decision or requirement upon which you are basing this appeal. (if additional space is needed, please attach additional comments to the back of this application.) Applicant appeals the DRC's 2/21/23 denial of DP No. 2023-2 for a conditional use permit (CUP). Applicant is a religious corporation organized under California's Nonprofit Religious Corporation law. Applicant acquired the property to USE as its future corporate headquarters & church campus. The property was recently redesignated as "Flex-3" in the General Plan (GP) Land Use Element. Corporate headquarters & campuses are expressly permitted USES under the Flex-3 designation.. The property is within the "P" zoning district, and churches are permitted USES in that district. The DRC 6/1/23 denial letter provides no rational or legal basis for its decision to deny the CUP. Applicant's Signature: APPEAL APPLICATION NO. crMcntr-frmlappeal 5/00 Date: June 9, 2023 City Council 37 — 48 11/21/2023 City Council 7 Z49 11/21/2023 e 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 1 of 18 Page ID #:180 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KRISTEN CLARKE Assistant Attorney General Civil Rights Division SAMEENA SHINA MAJEED Chief, Housingand Civil Enforcement Section CABBIE PACCO, Acting Deputy Chief NOAH SACKS, Trial Attorney TERRENCE MANGAN, Trial Attorney U.S. Department of Justice Civil Rights Division Housingg and Civil Enforcement Section 150 M. Street NE Washington, D.C. 20001 Telephone: (202) 531-5995 Email: terrence.mangan2 usdoi.ov E. MARTIN ESTRADA United States Attorney DAVID M. HARRIS Assistant United States Attorney Chief, Civil Division RICHARD M. PARK Assistant United States Attorney Chief, Civil Rights Section, Civil Division MATTHEW NICKELL (Cal. Bar No. 304828) Assistant United States Attorne Federal Buildingg, Suite 7516 300 North Los Angeles Street Los Angeles California 90012 Telephone: (213) 894-8805, Facsimile: (213) 894-7819 Email: matthew,nickell0),usdo .aov Attorneys for UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA MICAH' S WAY, Plaintiff, V. CITY OF SANTA ANA, Defendant. SOUTHERN DIVISION Case No. 8:23-cv-00183-DOC-KES STATEMENT OF INTEREST IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT Date: June 5, 2023 Time: 8:30 a.m. Courtroom: 10-A Hon. David O. Carter United States District Judge City Council 37 — 50 11 /21 /2023 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 2 of 18 Page ID #:181 I TABLE OF CONTENTS 2 TABLE OF AUTHORITIES..............................................................................................2 3 I. STATEMENT OF INTEREST OF THE UNITED STATES......................................4 4 II. BACKGROUND..........................................................................................................4 5 11I. ARGUMENT................................................................................................................ 7 6 A. MW plausibly alleged that its distribution of food and drinks to homeless 7 individuals is "religious exercise" under RLUIPA.........................................................7 8 B. MW plausibly alleged that the City's complete refusal to allow it to provide food 9 or drinks to homeless individuals "imposes a substantial burden" on its religious 10 exercise under RLUIPA................................................................................................12 11 IV. CONCLUSION...........................................................................................................15 12 CERTIFICATE OF COMPLIANCE................................................................................17 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 City Council 37 — 51 11/21/2023 se 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 3 of 18 Page 1D #:182 1 TABLE OF AUTHORITIES 2 Cases 3 Acad. of Our Lady of Peace v. City of San Diego, No, 09CV962-WQH-AJB, 2010 WL 4 1329014 (S.D. Cal. Apr. 1, 2010).................................................................................12 5 Ashcroft v. Igbal, 556 U.S. 662(2009)...............................................................................4 6 Bell Atlantic Co. v. Twombly, 550 U.S. 544 (2007)...........................................................4 7 Cutter v. Wilkinson, 544 U.S. 709(2005).......................................................................7 9 a 8 Fifth Ave. Presbyterian Church v. City of New York, 293 F.3d 570 (2d. Cir. 2002) ......... 8 9 First Lutheran Church v. City of St. Paul, 326 F.Supp.3d 745 (D. Minn. 2018).......11, 14 10 Greene v. S©lano Cnty. Jail, 513 F.3d 982 (9th Cir. 2008).......................................... 7,13 11 Guru Nanak Sikh Soc. of Yuba City v. County of Sutter, 456 F.3d 978 (9th Cir. 2006)....12, 12 13,15 13 Harbor Missionary Church Corp. v. City of San Buenaventura, 642 F.App'x 726 (9th 14 Cir. 2016)...................................................................................................................8, 9 15 Int'l Church of Foursquare Gospel v. City of San Leandro, 673 F.3d 1059 (9th Cir. 16 2011).......................................................................................................................10, 14 17 Johnson v. Baker, 23 F.4th 1209 (9th Cir. 2022).......................................................10, 13 18 Mintz v. Roman Catholic Bishop, 424 F.Supp.2d 309 (D. Mass. 2006)...........................11 19 Murguia v. Langdon, 61 F.4th 1096 (9th Cir. 2023)........................................................14 20 New Harvest Christian Fellowship v. City of Salinas, 29 FAth 596 (9th Cir. 2022) ...12, 14 21 San Jose Christian College v. City of Morgan Hill, 360 F.3d 1024 (9th Cir. 2004)....12, 14 22 Scottish Rite Cathedral Assn. of Los Angeles v. City of Los Angeles, 156 Cal.App.4th 23 108 (Cal. App. 2007)..............................................................................................11, 12 24 Thomas v. Review Bd. of the Ind. Employment Sec. Div., 450 U.S. 707 (1981) ..............12 25 W. Presbyterian Church v. Bd. of Zoning Adjustment of D. C., 862 F.Supp. 538 (D.D.C. 26 1994)................................................................................................................... 8, 11-12 27 Warsoldier v. Woodford, 418 F.3d 989 (9th Cir. 2005)...................................................13 28 Wisconsin v. Yoder, 406 U.S. 205(1972).........................................................................13 2 City Council 37 — 52 11/21/2023 e 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 4 of 18 Page ID #:183 1 World Outreach Conf. Dr. v. City of Chicago, 591 F.3d 531 (7th Cir. 2009).......8, 11, 12 2 Statutes 3 28 U.S.C. § 517...................................................................................................................4 4 42 U.S.C. § 2000cc............................................................................................................. 7 5 42 U.S.C. § 2000cc-2..........................................................................................................4 6 42 U.S.C. § 2000cc-3 �I ........8 7 42 U.S.G. § 2000cc-5................................................................................................7, 9, 13 8 42 U.S.C. §§ 2000cc etseq.................................................................................................4 9 Legislative History 10 146 Cong. Rec. S6689 (daily ed. July 13, 2000)................................................................ 8 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Council 37 — 53 11/21/2023 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 5 of 18 Page ID #:184 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I. STATEMENT OF INTEREST OF THE UNITED STATES Pursuant to 28 U.S.C. § 517, the United States respectfully submits this Statement of Interest to the Court relating to the Defendant City of Santa Ana's ("City") Motion to Dismiss ("Motion" or "Mot."), ECF No. 16.1 This case raises important questions involving the application of the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. §§ 2000cc et seq. In addition to creating a private cause of action, RLUIPA charges the Attorney General with enforcing its provisions. See 42 U.S.C. § 2000cc-2(f). Because this litigation implicates the proper interpretation and application of RLUIPA, the United States has a strong interest in the issues raised by the City's Motion and believes that its participation will aid the Court. The scope of the United States' Statement of Interest is limited to what constitutes religious exercise and whether Plaintiff has sufficiently alleged a substantial burden claim under RLUIPA. As Plaintiff has plausibly alleged a violation of RLLIPA, the City's Motion to Dismiss Plaintiff's RLUIPA claim should be denied. II. BACKGROUND According to the Complaint ("Compl."), ECF No. 1, Micah's Way ("MW"), is a "faith -based organization" named after the "`Micah Mandate' set forth in Micah 6:8 in the Bible." 2 Compl. ¶5. The "Micah Mandate" requires followers "[t]o act justly, and to love mercy, and to walk humbly with your God." Id. MW describes itself as a ' Under 28 U.S.C. § 517, "[t]he Solicitor General, or any officer of the Department of Justice, may be sent by the Attorney General to any State or district in the United States to attend to the interests of the United States in a suit pending in a court of the United States, or in a court of a State, or to attend to any other interest of the United States." 2 A court must, on a motion to dismiss, assume the truth of the well -pleaded allegations of the complaint. Ashcroft v. Igbal, 556 U.S. 662, 678 (2009) (citing Bell Atlantic Co. v. Twombly, 550 U.S. 544, 555 (2007)). For this reason, the United States treats the Plaintiff's allegations as true in this Statement of Interest. The United States takes no position on the merits of Plaintiff's claims, including whether the City has violated RLUIPA. 4 City Council 37-54 11 /21 /2023 823-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 6 of 18 Page ID #:185 1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "Christian ministry" that follows the teachings of Jesus Christ, and particularly the words of Matthew 25:35-40, which state, "For I was hungry and you gave me something to eat, I was thirsty and you gave me something to drink ..." Id. ¶4. Consistent with this mandate, MW provides charitable services to homeless individuals, including by providing light food and beverages, to persons who come to their Resource Center. Id. ¶7. In particular, MW believes it "has a religious duty to help the homeless that come to it ... including by providing a cup of coffee and a muffin if a client is hungry." Id. ¶27. Since early 2016, MW's Resource Center has been located at 1517 East Fourth Street in Santa Ana, California. Compl. T51. MW describes this as an "excellent location" because it is only half a mile from the Department of Motor Vehicles i ("DMV"), facilitating its ID voucher services.' Id. ¶52. MW has paid yearly fees to the City for a business license, but does not have a Certificate of Occupancy ("COO"). Id. ¶�10, 54-56. In early 2020, MW began providing snacks and beverages outdoors in response to the COVID-19 pandemic. Compl. �57. Around this same time, a needle exchange program operated by the American Addiction Institute began operations two doors down from MW. The exchange was associated with increased neighborhood complaints of drug use, trespassing, littering, and loitering. Id. ¶¶58-60, 64-67. In November 2021, the City's mayor received a complaint "begging" him to "do something about the homeless houses" after individuals "dump[ed] trash and bleach" on a local resident's door. Compl. ¶64. In response, the mayor instructed various city departments "to devise whatever measures they could come up with to compel MW and the Needle Exchange to move out of the 4th Street neighborhood or, at the very least, to severely curtail their operations." Id. �T67, 68, 74. MW assists homeless persons fill out ID vouchers, which allows them to obtain a free California photo ID from the DMV. MW also assists homeless persons in obtaining birth certificates so that they can qualify for various government benefits, including housing assistance. Compl. ¶52. 5 City Council 37 — 55 11 /21 /2023 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 7 of 18 Page ID #:186 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On November 29, 2021, the City issued an Administrative Citation to MW for "engaging in unpermitted food distribution" and "conducting business operations without a valid COO." Compi.' 79. The following day, the City held a community meeting regarding its "enforcement efforts" against MW. Id. ¶¶98-104. The mayor stated that MW and the needle exchange were "not in the right location," and that a solution was possible only if they were "open-minded about finding relocation." Id. �T103-04. His intention was "to correct what's happening here, but also prevent it from happening anyplace else in the City." Id. T102. MW applied for a COO in December 2021, but was denied in January 2022. Compl. T12. MW reapplied in February 2022, but was denied again "on the grounds that MW was engaged in food distribution activities that were allegedly not permitted in the Professional district." Id. In March 2022, MW informed the City that its refusal to grant a COO permitting it to provide food and beverages to poor and homeless individuals was a violation of RLUIPA. Id. ¶107. On June 7, 2022, the City informed MW that it would "take all appropriate action," including the "issuance of administrative fines, criminal prosecution and/or civil remedies such as injunctions and penalties," if MW continued operating without a COO. Id. ¶13. MW administratively appealed the City's second COO denial in August 2022. Compl. ¶14. Following a hearing, the administrative hearing officer concluded that the City had failed to adequately "address the RLUIPA issues." Id. t 16. MW subsequently met with City officials and offered to return to its pre -pandemic practice of providing food and drink indoors rather than from its garden courtyard. Id. ¶112. However, the City rejected this offer. Id. ¶113. Regardless, MW reverted to its pre -pandemic procedures and currently only distributes food and beverages inside its Resource Center. Id. �29. Although MW informed the City in writing of this policy change, on January 11, 2023, the City notified MW that it would not permit MW to "provid[e] any food or beverages of any kind to any clients or any other members of the public (whether rich or poor), either inside or outside MW's Resource Center." Id. ¶¶31-32, 35. Accordingly, 6 City Council 37 — 56 11 /21 /2023 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 8 of 18 Page ID #J87 1 2 4 5 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 NH: MW remains "subject to potential fines, injunctions, and criminal prosecution" from the City. Id. ¶31; see also id. ¶ 13. On January 30, 2023, MW filed this suit, alleging inter alia that the City's actions violated RLUIPA by imposing a substantial burden on its religious exercise. Compl. ¶¶l 16-27. On March 22, 2023, the City moved to dismiss MW's claims. Mot. at 2. Specifically, the City argues that MW's "use of its property, as alleged in the Complaint, does not constitute a religious exercise under RLUIPA," and that its denial of MW's COO application does not impose a substantial burden on MW's religious exercise because food and drink distribution is merely "incidental" to MW's practices. Id. 1I1. ARGUMENT RLUIPA provides that "[n]o government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution" unless the government demonstrates that the imposition of that burden is the least restrictive means of furthering a compelling governmental interest. 42 U.S.C. § 2000cc(a)(1). Here, MW has plausibly alleged a violation of RLUIPA because its Complaint asserts that (1) providing food and drink to homeless individuals is a part of its "religious exercise," and (2) the City's outright ban on this practice "imposes a substantial burden on its religious exercise." A. MW plausibly alleged that its distribution of food and drinks to homeless individuals is "religious exercise" under RLUIPA. RLUIPA broadly defines "religious exercise" as "any exercise of religion, whether or not compelled by, or central to, a system of religious belief." 42 U.S.C. § 2000cc- 5(7)(A). This definition is deliberately far-reaching, as evidenced by Congress' intent to distinguish RLUIPA "from traditional First Amendment jurisprudence" by "expand[ing] the reach of the protection to include `any religious exercise."' Greene v. Solano Cnty. Jail, 513 F.3d 982, 986 (9th Cir. 2008) (citing Cutter v. Wilkinson, 544 U.S. 709, 715 (2005)). Indeed, RLUIPA itself demands that it be "construed in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of this 7 City Council 37 — 57 11 /21 /2023 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 9 of 18 Page ID #:188 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 chapter and the Constitution." 42 U.S.C. § 2000ce-3(g). Consistent with this broad mandate, courts have routinely found that providing charity to homeless individuals —including by offering food and drink --can constitute "religious exercise" under RLUIPA. See, e.g., Harbor Missionary Church Corp. v. City of San Buenaventura, 642 F. App'x 726, 727-29 (9th Cir. 2016) (finding that the church's homeless ministry, which included offering food, was "an integral part of its religious exercise"); World Outreach Conf. Ctr. v. City of Chicago, 591 F.3d 531, 537 (7th Cir. 2009) (holding that the City's denial of a permit impeded the church's "religious mission of providing living facilities to homeless and other needy people"); Fifth Ave. Presbyterian Church v. City of New York, 293 F.3d 570, 574-75 (2d. Cir. 2002) (finding that operating a homeless shelter constitutes religious exercise); see also W. Presbyterian Church v. Bd. of Zoning Adjustment of D. C., 862 F. Supp. 538, 544 (D.D.C. 1994) (noting that, in the Religious Freedom Restoration Act context, the "concept of acts of charity as an essential part of religious worship is a central tenet of all major religions," including by providing "clothing for the naked, food.for the hungry, and benevolence to the needy") (emphasis added).' Here, MW alleges that providing food and drink to poor and homeless individuals is an integral part of its religious exercise. MW asserts that it is a Christian "faith -based organization" named after the "Micah Mandate," as set forth in the Bible. Compl. 15. Feeding homeless persons is part of its "Christian ministry." Id. ¶T4, 19, 26, 42-43. MW feeds homeless persons because it believes it "has a religious duty to help the homeless that come to it ... including by providing a cup of coffee and a muffin if a client is hungry," Id. ¶27. This belief is rooted in "heeding and implementing the a These rulings are consistent with RLUIPA's legislative intent, which aimed to protect organizations like MW that exercise their faith through charity, including by distributing food to homeless individuals. During RLUIPA's legislative process, a sponsoring senator specifically cited a "meals program for the homeless and the working poor" as a type of land use that should receive protection as religious exercise. See 146 Cong. Rec. 56689 (daily ed. July 13, 2000) (statement of Sen. Kennedy). 8 City Council 37 — 58 11 /21 /2023 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 10 of 18 Page ID #:189 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 following words of Jesus Christ: `For I was hungry and you gave me something to eat, I was thirsty and you gave me something to drink' .... (Matthew 25:35-40)." Id. 14. Indeed, MW "takes great solace in the fact that providing charitable assistance to persons in need is a practice that is embraced by every major religion in the world," and MW believes it is doing "God's work" by "providing food to the hungry, drink to the thirsty, clothing to the needy, and shelter to the homeless." Id. 142. This type of faith -based outreach is akin to Harbor Missionary Church Corp, where the Ninth Circuit found that a city's denial of a conditional use permit, which prevented the plaintiff "from conducting its homeless ministry, an integral part of its religion," violated RLUIPA's substantial burden provision. 642 Fed. App'x at 729. Similar to MW, the Church in Harbor Missionary used its property to provide "basic needs to the City's homeless men and women," such as food, clothing, showers, and counseling. Id. at 727. The Church cited "the Bible at Matthew 25:34-46" as a source for its "belief that its homeless ministry is part of its religious duty to feed the hungry and clothe the naked," and that "sharing meals with homeless men and women —when done within the walls of the Church under a religious mandate—constitute[d] sacred duties." Id. at 728-29. MW's religious beliefs are similarly rooted in religious text. Compl. ¶T4, 25. And like Harbor Missionary, MW's practice of distributing food and beverages to people in need is an act of religious exercise. The City claims that MW's food and drink distribution is not religious exercise because it is "merely an incidental use of minor significance." Mot. at 10 (emphasis added). But MW's Complaint makes clear that food and drink distribution is an integral part of its religious exercise and not of "minor significance." Compl. JT4, 27, 42. Moreover, the City's argument runs counter to the plain language of RLUIPA, which protects any religious exercise, "whether or not compelled by, or central to, a system of religious belief." 42 U.S.C. § 2000cc-5(7)(A) . In other words, the centrality or significance of the belief or conduct at issue does not dictate whether it is "religious exercise" under RLUIPA. See Cutter, 544 U.S. at 725 n.13 (noting that RLUIPA "bars 9 City Council 37 — 59 11 /21 /2023 Ise 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 11 of 18 Page ID #:190 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2.4 25 26 27 28 inquiry into whether a particular belief or practice is `central' to" an individual's religion). Indeed, in Johnson v. Baker, the Ninth Circuit rejected a similar argument, finding that the defendant "grossly miss[ed] the mark" by insinuating that an incarcerated individual's particular religious practice —using scented oils before prayer —was "not really that important to his worship practice." 23 F.4th 1209, 1215 (9th Cir. 2022) (emphasis in original). Johnson also emphasized that a plaintiff need only demonstrate that a "particular facet" of his religious practice has been burdened under RLUIPA, and that "it makes no difference" that a plaintiff may still practice his "religion as a whole" under the government's restrictions. Id. at 1214-15. As alleged in its Complaint, MW's feeding homeless individuals is an important part of its ministry and is, at the very least, a "particular facet" of its religious expression. Compl. �T4, 7-8, 27, 31, 38-39. Accordingly, the City cannot prohibit MW's distribution of food and drink by erroneously branding it of "minor significance" to its overall religious practice. Citing to MW's many other services, such as providing ID vouchers and hygiene products, the City argues that MW's operations "are purely administrative and are not religious in nature." Mot. at 10. However, as the City acknowledges in its motion, it denied MW's COO because MW distributed food and drink, not because it provided ID vouchers or hygiene products. Mot. at 4. While MW's other activities are also part of its religious mission, Compl. ¶¶ 6, 52, they are not at issue in this litigation. Rather, the conduct in question is providing food and drink to the needy, and the City's Motion simply ignores the Complaint's many allegations that MW has a "religious duty" to feed homeless persons. See, e.g., id. ¶27; see also Int'l Church of Foursquare Gospel v. City of San Leandro, 673 F.3d 1059, 1069 (9th Cir. 2011) (holding that district court may not reject the plaintiff's "characterization of its core beliefs"). Moreover, the premise of the City's argument —that certain activities are intrinsically secular and therefore not religious exercise —has been repeatedly rejected by courts. For example, in World Outreach Conf. Dr., the Seventh Circuit found that "even the recreational and other nonreligious services provided at the community center 10 City Council 37 — 60 11 /21 /2023 C� Ise 8:23-cv-00183-DOC-KES Document 25 Filed O5/09/23 Page 12 of 18 Page ID #:191 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 are integral to the World Outreach's religious mission .... Souls aren't saved just in church buildings." 591 F.3d at 535; see also First Lutheran Church v. City of St. Paul, 326 F.Supp.3d 745, 753, 761 (D. Minn. 2018) (finding that Church's nonprofit day - shelter and community center focused on "providing hospitality and practical assistance to the disadvantaged, homeless, or lonely" is "a form of ... religious exercise").' Cases cited by the City reinforce the point that religious exercise is not limited to traditional houses of worship and can include seemingly lay or "administrative" pursuits. For example, in Scottish Rite Cathedral Association of Los Angeles, the court acknowledged that RLUIPA protections have "been applied to activities as divergent as religiously affiliated schools ... nonprofit hospitals ... and faith -based crisis centers." 156 Cal.AppAth at 118. And in Mintz v. Roman Catholic Bishop, the court found that a proposed "parish center," which would "house an office for religious education and would serve as a meeting place for the parish council," fell "well within the definition of `religious exercise."' 424 F.Supp.2d 309, 319 (D. Mass. 2006). Undoubtedly, operating meeting places, schools, offices, hospitals, and crisis centers requires significant amounts of administrative work; nevertheless, these uses constitute religious exercise when operated for a religious purpose. And considering that offering food to the hungry cannot reasonably be mistaken as a rote administrative task, but rather has spiritual foundations and is a "central tenet of all major religions," MW's practice of feeding homeless individuals is unquestionably religious exercise. See W. Presbyterian Church, s Some courts have found that when a religious organization engages in purely commercial conduct, like leasing its property to a commercial enterprise, that activity is not "religious exercise" for the purposes of RLUIPA. See, e.g., Scot. Rite Cathedral Assn of Los Angeles v. City of Los Angeles, 156 Cal.AppAth 108, 118-120 (Cal. App. 2007) (finding that City's actions in prohibiting masonic temple from renting its building to for -profit commercial activities, including a boxing match, did not infringe on temple's religious exercise). However, here, the City does not contend that the challenged conduct —feeding homeless persons —is commercial or that MW somehow financially profits from it_ In fact, the City concedes that "Plaintiff is not operating a commercial use." Mot. at 9. 11 City Council 37-61 11 /21 /2023 e 8:23-cv-00183-D©C-KES Document 25 Filed 05/09/23 Page 13 of 18 Page iD #:192 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 862 F. Supp. at 544) (noting that one of the "five Pillars of Islam" includes giving "alms to the poor"; one of Hinduism's "five daily obligations of worship" includes "giving food or aid to the poor"; and that religious worship in Judaism includes tendering "food for the hungry[] and benevolence to the needy"). B. MW plausibly alleged that the City's complete refusal to allow it to provide food or drinks to homeless individuals "imposes a substantial burden" on its religious exercise under RLUIPA. Government conduct that "impose[s] a significantly great restriction or onus upon [religious] exercise" may create a substantial burden in violation of RLUIPA. San Jose Christian Coll. v. City of Morgan Hill, 360 F.3d 1024, 1034 (9th Cir. 2004). A land use regulation may impose a substantial burden if it exerts "substantial pressure on an adherent to modify his behavior and to violate his beliefs." Guru Nanak Sikh Soc. of Yuba City v. County of Sutter, 456 F.3d 978, 988 (9th Cir. 2006) (citing Thomas v. Review Bd. ofthe Ind. Employment Sec. Div., 450 U.S. 707, 717-18 (1981)). Whether a land use regulation substantially burdens religious exercise is a highly fact -dependent question that requires examining the "totality of the circumstances." New Harvest Christian Fellowship v. City of Salinas, 29 FAth 596, 602 (9th Cir. 2022), cert. denied, 143 S. Ct. 567 (2023). "[D]etermining whether a burden is substantial ... is ordinarily an issue of fact." Acad. of Our Lady of Peace v. City of San Diego, No. 09CV962--WQH-ATB, 2010 WL 1329014, at * 1 i (S.D. Cal. Apr. 1, 2010) (quoting World Outreach Conf. Ctr., 591 F.3d at 539)). Here, MW has pleaded sufficient facts to plausibly show that the City has imposed a substantial burden on MW's religious exercise by denying its COO. Under the City's G Indeed, cases cited by the City underscore that a substantial burden analysis is a fact - specific inquiry that requires examination of a complete record. See New Harvest Christian Fellowship v. City of Salinas, 29 FAth 596, 599 (9th Cir. 2022), cent. denied, 143 S. Ct. 567 (2023) (appeal of grant of summary judgment); San Jose Christian, 360 F.3d at 1027 (same); Scot. Rite Cathedral Ass'n of Los Angeles, 156 Cal. App. 4th at 114 (appeal of denial of writ of administrative mandamus). 12 City Council 37 — 62 11 /21 /2023 C4se 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 14 of 18 Page ID #:193 1 demands, MW would be completely prohibited at its current location from distributing 2 food and beverages to homeless individuals who come to its doors, a service that MW 3 believes it has a "religious duty" to perform. Compl. ¶¶ 4, 8, 27, 31-32, 38. The City 4 has also threatened to fine and criminally prosecute MW unless it ceases this practice. 5 Id. ¶� 3, 13, 31, 39. This conduct is sufficient to establish a "substantial burden" on 6 religious exercise in violation of RLUIPA. See Johnson, 23 FAth at 1215-16 (noting 7 that "government action that threatens `punishment[] to coerce a religious adherent to 8 forgo her or his religious beliefs"' may amount to a substantial burden) (quoting 9 Warsoldier v. Woodford, 418 F.3d 989, 996 (9th Cir. 2005)); see also Wisconsin v. 10 Yoder, 406 U.S. 205, 218 (1972) (holding that a "threat of criminal sanction[] to perform 11 acts undeniably at odds with fundamental tenets of their religious beliefs" burdened 12 religious exercise). 13 The City's decision to deny MW's COO and to threaten monetary and criminal 14 consequences is not a "mere inconvenience," as the City argues. Mot. at 12, 13. Rather, 15 the City has inflicted "substantial pressure" to compel MW to modify its behavior by 16 ceasing to perform "act[s] of charity in providing ... food and beverage items to the 17 poor and homeless persons." Compl. Tj8. In banning MW's practice, the City imposes a 18 substantial burden on MW's religious exercise. See Guru Nanak, 456 F.3d at 988; 19 Greene, 513 F.3d at 988 (holding that "an outright ban on a particular religious exercise 20 is a substantial burden on that religious exercise") (emphasis added). 21 As discussed earlier, the City's assertion that there is no substantial burden on 22 MW's religious exercise because food and drink distribution is "merely incidental" to 23 MW's operations, Mot. at 12, is both legally and factually incorrect. See Sec. III.A 24 supra. The City's argument ignores the plain language of RLUIPA, which expressly 25 protects "any" religious exercise regardless of whether it is "compelled by, or central to, 26 a system of religious belief." 42 U.S.C. § 2000cc-5(7) (emphasis added). It is therefore 27 irrelevant how "central" food distribution is to MW's religious beliefs in assessing 28 whether the City's conduct has substantially burdened religious exercise in violation of 13 City Council 37 — 63 11/21/2023 C e 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 15 of 18 Page ID #:194 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RLUIPA. See also First Lutheran Church, 326 F.Supp.3d at 761-62 (holding that 20- person capacity limitation and "No Trespassing" sign requirement imposed a substantial burden in violation of RLUIPA on church's religious exercise because it interfered with efforts to assist homeless persons). In any event, the Complaint contains ample facts establishing that food distribution to homeless persons is an important part of MW's religious exercise and is not "merely incidental." Compl. ¶T4, 27, 42. And MW's facts must be accepted as true, and all reasonable inferences drawn in favor of MW, on a motion to dismiss. Murguia v. Langdon, 61 F.4th 1096, 1106 (9th Cir. 2023). Further, although not required at the pleading stage, MW alleges that it lacks readily available alternatives and that it is effectively precluded from changing locations.7 For example, MW alleges that moving locations would be "impossible" due to the costs and unlikelihood of finding a landlord willing to rent to an organization that serves homeless individuals, and that it cannot relocate without experiencing significant uncertainty, delay, or expense, or otherwise violating its religious purpose. Comps. ¶39. These allegations further support plaintiff's substantial burden claim under RLUIPA. See New Harvest, 29 F.4th at 602-04 (evidence that other available properties are unsuitable because of "size, configuration, safety, or current uses" can support substantial burden finding); Intl Church of Foursquare Gospel, 673 F.3d at 1067 (finding evidence of lack of other suitable sites in the city to house the church's expanded operation supported substantial burden claim). Moreover, MW has also plausibly alleged that the City could apply the same reasoning to deny any future COO applications, even if MW were to relocate. In 2021, the mayor directed various staff and departments to identify a basis for removing MW ' While the City makes passing reference to "ready alternatives" as a factor in the substantial burden analysis, the City cites no case where a RLUIPA plaintiff was required to plead that it lacked adequate alternative locations to withstand a motion to dismiss. Cases discussing the availability of alternative locations have done so in the context of summary judgement. See, e.g., New Harvest, 29 F_4th at 603; San Jose Christian Coll., 360 F.3d at 1035. 14 City Council 37-64 11 /21 /2023 4se 8:23-cv-00183-DO&KES Document 25 Filed 05/09/23 Page l6 of 18 Page ID #:195 1 2 3 4 5 6 7 8 6 10 11 12 13 14 15 16 17 18 19 20 21 22 11 23 24 25 26 27 28 from its location, Compl. ¶74, and stated his intent to prevent homelessness -related issues "from happening anyplace else in the City," id. T102 (emphasis added). Accordingly, MW has plausibly alleged that "the City would [not] agree to provide a COO" to MW in any location. Id. ¶40; see Guru Nanak, 456 F.3d at 989 (reasoning that prior application denials "to a significantly great extent lessened the possibility that future [] applications would be successful"). The City has informed MW that it "will not entertain" any conditions short of MW shuttering its food and beverage service. Compl. 132. MW ceased distributing food and beverages outside of the office and moved this activity indoors in order to address the City's concerns, but these actions have not appeased the City. Id. ¶127-29, 112. The City's complete prohibition on allowing MW to feed homeless individuals at its Resource Center under any circumstances further supports MW's claim that the City has violated RLUIPA by imposing a substantial burden on its religious exercise. See Guru Nanak, 456 F.3d at 991 (upholding substantial burden finding in part because defendant refused to accept mitigation conditions offered by plaintiff or suggest what conditions it would accept to permit religious temple). IV. CONCLUSION MW's Complaint alleges sufficient facts plausibly showing (1) that its food and beverage distribution to homeless individuals is religious exercise protected by RLUIPA, and (2) that the City's denial of its COO application substantially burdens its religious exercise in violation of RLUIPA. Therefore, the City's motion to dismiss MW's RLUIPA claim should be denied. Dated: May 9, 2023 E. MARTIN ESTRADA United States Attorney Respectfully submitted, FOR THE UNITED STATES: KRISTEN CLARKE Assistant Attorney General Civil Rights Division 15 City Council 37 — 65 11/21/2023 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 17 of 18 Page ID #:196 1 2 3 4 5 6 7 8 9 ll 12 13 14 15 16 17 18 19 24 21 22 23 24 25 26 27 28 DAVID M. HARRIS Assistant United States Attorney Chief, Civil Division RICHARD M. PARK Assistant United States Attorney Chief, Civil Rights Section, Civil Division /s/ Matthew Nickell MATTHEW NICKELL Assistant United States Attorney Civil Rights Section, Civil Division SAMEENA SHINA MAJEED Chief, Housing and Civil Enforcement Section Civil Rights Division CARRIE PAGNUCCO Acting Depu Chief, Housing and Civil Enforcement Section Civil Rights Division /s/ Noah Sacks NOAH SACKS Trial Attorney, Housing and Civil Enforcement Section Civil Rights Division /s/ Terrence Manffan TERRENCE MANGAN Trial Attorney, Housing and Civil Enforcement Section Civil Rights Division Attorneys.for the United States ofAmerica 16 City Council 37-66 11 /21 /2023 e 8:23-cv-00183-DOC-KES Document 25 Filed 05/09/23 Page 18 of 18 Page ID #:197 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF COMPLIANCE The undersigned, counsel of record for the United States, certifies that this brief contains 5,120 words, which complies with the word limit of L.R. 11-6.1. Dated: May 9, 2023 Respectfully submitted, Isl Matthew Nickell MATTHEW NICKELL Assistant United States Attorney Civil Rights Section, Civil Division 17 City Council 37 — 67 11 /21 /2023 MEMORANDUM MCT # 67459 TO: Finance & Management Services Agency Thursday, September 14, 2023 A. FROM: Planning and Building Agency �aucation Isr SUBJECT: Miscellaneous Cash Transaction All fees are subject to change at any time and may also be affected by scheduled adjustments on July 1 of each year. The Payee must pay the prevailing rate at the time payment is made. PROJECT NAME: Anchor Stone Christian Church MASTER ID # 2023-179697 PROJECT ADDRESS: 2938 S Daimler St, Santa Ana, CA 92705-5811 AP #430-173-16 Application # APPL-2023-7-APC Permit # ISSUED TO: Steven Lee ADDRESS: 1030 N Mountain Ave #198 Ontario, CA 91762 ITEM DESCRIPTION QTY UNIT RATE AMOUNT FUND NO. 1 Appeal (Applicant) 1.0000 $4,944.00 $4,944.00 01116002 53606 PAID Comments: Created via Planning Invoice process Issued By: web_plpay (Planning and Building Agency) NOTES: For payment to be considered complete, a Miscellaneous Cash Transaction (MCT) must be paid in full. TOTAL MCT AMOUNT: $4,944.00 GL Account # Total 01116002 53606 $4,944.00 Page 1 of 1 City Council 37 — 68 11/21/2023 City Response to Anchor Stone Christian Church ADDeal No. 2023-07 Comment 1: Applicant appeals for the reasons in Tab 1. Reason A: Corporate headquarters and campuses are expressly permitted uses under the Industrial/Flex-Medium land use designation. Reason B: The property is within Professional (P) zoning district, and churches are permitted uses in that district. Reason C: The Development Review Committee (DRC) denial letter issued on June 1, 2023, provides no rational or legal basis for its decision to deny the proposed CUP. Response 1: See responses to points A through B below. Response A: Staffs evaluation of the submitted project relied exclusively on the details provided by the applicant within the application, which explicitly indicates that the intended land use is for assembly purposes. In this case, staffs assessment was entirely framed by the information contained within the application and plans, and staff had no basis for considering any corporate headquarters plans that were not explicitly detailed. As such, the staffs review was firmly anchored in the scope of the proposed assembly use. Moreover, in May of 2023, Anchor Stone Christian Church applied for a certificate of occupancy (COO) for an administrative office space only. However, Anchor Stone Christian Church has not finalized the COO as they have not scheduled the required inspection conducted by the City of Santa Ana Building Division. Response B: Pursuant to Section 41-313.5 of the SAMC, churches and accessory church buildings may be permitted in the P zoning district, subject to the issuance of a conditional use permit. Churches and accessory church buildings are not a uses that are permitted by right. Pursuant to Section 41-638 of the SAMC CUPs may be granted only when it can be shown that a project will not adversely impact the community and General Plan. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings results in a denial. Furthermore, SAMC Section 41-638(a)(1) requires that all five of the specified findings of fact contained therein are satisfied before the Planning Commission may grant approval of a CUP, one of which is evaluating if the project will adversely affect the General Plan. The subject site's General Plan land use designation is Flex-3, which allows office/industrial flex spaces, research and development, and manufacturing corporate headquarters/campuses, and does not permit community assembly uses (e.g., churches) as a permissible use. Lastly, the proposed use will not be consistent with the goals and policies of the General Plan, including those from the Land Use Element (LU) and the Economic Prosperity Element (EP), as was comprehensible analyzed in the project staff report. Response C: The DRC denial letter issued on June 1, 2023, outlined the requirements needed for the Development Project (DP) application to be deemed complete by City staff. Pursuant to the Standards of Approval outlined in Section 41-670(1) and Section 41- 673(b)(1) of the SAMC, the proposed project must be consistent with the general plan and City Council 37 — 69 11/21/2023 City Response to Anchor Stone Christian Church ADDeal No. 2023-07 any applicable specific plan adopted pursuant to California Government Code, Section 65450 et seq. Moreover, the letter outlined the requirements needed for staff to provide a recommendation to the Planning Commission to approve the CUP listed in Section 41- 638(a)(1) of the SAMC. Comment 2: Denial of the Conditional Use Permit (CUP) imposes a substantial burden on applicant's religious exercise. Response 2: CUP requests are governed by Section 41-638 of the Santa Ana Municipal Code (SAMC). CUPs may be granted when it can be shown that the proposed project will not adversely impact the community and General Plan. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings results in a denial. The decisions regarding land use and the CUP are fundamentally anchored in a careful evaluation of the proposed assembly use for the existing office building. This evaluation also centers on identifying any inconsistencies with the General Plan land use designation. Additionally, a comprehensive analysis of how the proposed assembly use aligns with the pre -established vision of the General Plan land use element was necessary for staff to make a recommendation to the Planning Commission. This entails an assessment of whether the intended use harmoniously fits within the existing zoning and land use framework. The consideration of inconsistencies is pivotal in ensuring that the proposed development adheres to the city's broader goals and policies, fostering sustainable and compatible growth. During the Planning Commission hearing, the Applicant alleged that staff's denial recommendation of its CUP violated Applicant's religious exercise under the federal statute known as the Religious Land Use and Institutionalized Persons Act ("RLUIPA"). In general, RLUIPA prohibits a government from implementing a land use regulation that imposes a substantial burden on religious exercise unless the government demonstrates that it furthers a compelling government interest by the least restrictive means. City staff is aware of all applicable laws, including RLUIPA and made its recommendations and proposed findings in accordance with the Santa Ana Municipal Code and all other applicable laws. Comment 3: City staff have never identified a compelling governmental interest for denying a CUP. Response 3: City staff's denial recommendation is primarily grounded in the observation that the proposed assembly use does not align with the General Plan's land use designation for the area, which is classified as Industrial/Flex-Medium (Flex-3). This incompatibility raises concerns regarding the harmonious integration of the proposed activity within the existing zoning and land use framework. The City staffs evaluation highlights the need for the proposed assembly use to align with the General Plan land use designation to ensure the sustainable and coherent development of the area. In reviewing the proposed CUP request, staff evaluates the project against the five findings of fact codified in SAMC Section 41-638(a)(1), including consistency with the General Plan. Requiring consistency of a CUP with a local jurisdiction's general plan is well established by California case law. The California Supreme Court and Court of Appeal have consistently found that the discretionary approval of a CUP must be consistent with a general plan (Neighborhood Action Group v. County of Calaveras, 156 Cal. App. 3d 1176, 1185 (1984)), and that the general plan is atop the hierarchy of local government land use law, acting as a constitution for all future 2 City Council 37 — 70 11/21/2023 City Response to Anchor Stone Christian Church ADDeal No. 2023-07 developments. (DeVita v. Cty. of Napa, 9 Cal. 4th 763, 773 (1995); citing Neighborhood Action Group, 156 Cal.App.3d at 1183.). The General Plan Land Use Element land use designation describes the site's Flex-3 and allowable uses are as follows: The Industrial/Flex designation is intended to provide context -appropriate development in areas with existing industrial uses. When adjacent to existing residential neighborhoods, this designation can provide a buffer between homes and traditional industrial uses. When adjacent to urban -scale mixed -use development, this designation is more free to emphasize significant employment opportunities. Industrial/Flex allows for clean industrial uses that do not produce significant air pollutants, noise, or other nuisances typically associated with industrial uses, including office -industrial flex spaces, small-scale clean manufacturing, research and development and multilevel corporate offices, commercial retail, artist galleries, craft maker spaces, and live -work units. Adaptive reuse of buildings to accommodate live -work units is encouraged. Standalone residential is not permitted. Building form and height should reflect the existing context and, if inside a Focus Area, communicate the envisioned character for the area. Based on the land use designation and development policies and allowable uses within the Flex-3 designation, the subject site is not suitable for the operation of community assembly, nor does it list community assembly -type uses as permissible under the land use designation. Conversely, land use designations such as General Commercial (GC) and its accompanying zoning districts allow for "retail and service establishments; recreational, cultural, and entertainment uses; business and professional offices; and vocational schools," among which "recreational, cultural, and entertainment uses" provide for community assembly such as religious facilities. During the Planning Commission hearing, the Applicant alleged that staff's denial recommendation of its CUP violated Applicant's religious exercise under the federal statute known as RLUIPA. In general, RLUIPA prohibits a government from implementing a land use regulation that imposes a substantial burden on religious exercise unless the government demonstrates that it furthers a compelling government interest by the least restrictive means. City staff is aware of all applicable laws, including RLUIPA and made its recommendations and proposed findings in accordance with the Santa Ana Municipal Code and all other applicable laws. Comment 4: Applicant asked the Planning Commission to consider RLUIPA but the Planning Commission refused to do so. Response 4: The Planning Commission made a land use determination based on the applicant's proposed land use (i.e., assembly use) for the existing office building. During the Planning Commission hearing, the Applicant alleged that staff's denial recommendation of its CUP violated Applicant's religious exercise under the federal statute known as RLUIPA. In general, RLUIPA prohibits a government from implementing a land use regulation that imposes a substantial burden on religious exercise unless the government demonstrates that it furthers a compelling government interest by the least restrictive means. City staff is aware of 3 City Council 37 — 71 11/21/2023 City Response to Anchor Stone Christian Church Appeal No. 2023-07 all applicable laws, including RLUIPA and made its recommendations and proposed findings in accordance with the Santa Ana Municipal Code and all other applicable laws. The commission adhered to the applicable land use regulations, zoning ordinances, and broader city planning considerations. In accordance with California Government Code Section 65300 and 65800, local jurisdictions have the power and responsibility to adopt general plans and zoning ordinances that are designed to facilitate and regulate the safe, orderly, and sustainable development of their communities. The focus is primarily on how the proposed assembly use aligns with the established zoning and land use policies. The land use decisions were made in accordance with the pertinent local regulations and guidelines, maintaining the integrity of the City's planning and development process. Comment 5: The City is continuing its unlawful "pattern and practice" of violating RLUIPA. Response 5: The land use decisions made during the Planning Commission meeting on September 11, 2023, were meticulously rooted in the examination of the proposed assembly land use for the existing office building only. It is essential to emphasize that the Applicant's proposed religious assembly use played no role in the Planning Commission's determination nor in staff's analysis of land use inconsistencies as it relates to the City's general plan. The primary focus of the Planning Commission's deliberations was the compatibility of the proposed land use (i.e., assembly use) with the zoning and land use regulations set forth by the city. The Planning Commission emphasized its commitment to impartiality in the decision -making process based solely on the proposed assembly use. The emphasis was placed squarely on evaluating the assembly use's conformity with local zoning ordinances and land use policies, ensuring that it would seamlessly integrate into the existing and future development without introducing any religious or institutionalized aspects that might trigger RLUIPA-related concerns. This approach not only upholds the integrity of the City's land use regulations but also marks the importance of considering land use decisions within the context of the local planning framework, allowing for judicious and consistent urban development. City Council 37 — 72 11/21/2023 Parks, Recreation, and Community Services Agency Planning and Building Agency Public Works Agency Item # XX City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 21, 2023 Topic: Standard and McFadden Park located at 1117 S Standard Avenue AGENDA TITLE Public Facilities Naming No. 2023-01, Abandonment No. 2023-03, General Plan Amendment No. 2023-01, and Amendment Application No. 2023-01 for Standard and McFadden Public Park located at 1117 S. Standard Avenue Legal notice published in the OC Reporter on November 10, 2023 and notices mailed on November 9, 2023. RECOMMENDED ACTION Affirm the Planning Commission's adoption of a resolution approving Public Facilities Naming No. 2023-01 (Gerardo Mouet Park); and 2. Adopt a resolution approving Abandonment No. 2023-03; and RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUMMARILY VACATING A PORTION OF A PUBLIC SERVICE EASEMENT ADJACENT TO 1117 SOUTH STANDARD AVENUE (ABANDONMENT NO. 2023-03) (includes determination that the vacation is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15378pf of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact on the environment) 3. Adopt a resolution approving General Plan Amendment No. 2023-01; and RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2023-01 TO CHANGE THE GENERAL PLAN AMENDMENT LAND USE DESIGNATIONS FOR THE PROPERTIES RECOGNIZED AS ASSESSOR PARCEL NUMBERS 011-251-38 AND 011-251-39 (from Low Density Residential (LR-7) to Open Space (OS)) City Council 38 — 1 11/21/2023 Standard and McFadden Park located at 1117 S Standard Avenue November 21, 2023 Page 2 4. Adopt the first reading of an ordinance approving Amendment Application No. 2023-01; and ORDINANCE NO. 2023-XXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-01 REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH STANDARD AVENUE AND RECOGNIZED AS ASSESSOR PARCEL NUMBERS 011-251-17, 011-251-18, 011-251-19, 011-251-20, 011-251- 38 AND 011-251-39 (from Multiple -Family Residence (R-3) to Open Space Land (0); read by title only and waive further reading. 5. Determine that in accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 — Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project. GOVERNMENT CODE 484308 APPLIES: No EXECUTIVE SUMMARY The Parks, Recreation and Community Services Agency (PRCSA), Planning and Building Agency (PBA), and Public Works Agency (PWA) are requesting that the City Council (1) affirm the Planning Commission's adoption of Public Naming Facilities (PFN) No. 2023-01 to name the public park located at the northeast corner of Standard Avenue and McFadden Avenue (collectively known as 1117 S Standard Avenue) to "Gerardo Mouet Park;" (2) approve Abandonment (PW) No. 2023-03 to abandon and redesign the southerly portion of an alley between Wakeham Avenue to the north and McFadden Avenue to the south; (3) approve General Plan Amendment (GPA) No. 2023-01 to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS); and (4) approve Amendment Application (AA) No. 2023-01 to change the zoning district designation of the park site from Multiple -Family Residence (R-3) to Open Space Land (0). Table 1: Project and Location Information Item Information Project Address and Council Ward 1117 S Standard Avenue —Ward 6 Nearest Intersection Standard Avenue and McFadden Avenue General Plan Designation Existing Low Density Residential (LR-7) Proposed Open Space (OS) Zoning Designation Existing Multiple -Family Residence (R-3) Proposed Open Space Land (0) City Council 38 — 2 11/21/2023 Standard and McFadden Park located at 1117 S Standard Avenue November 21, 2023 Page 3 Item Information Surrounding Land Use North Apartments East Apartments South Commercial West Commercial Property Size 0.75-acre Existing Site Development Vacant future park site Use Permissions Section 41-584 a of the SAMC Code Sections Affected Sections 27-12, 33-5, and 41-665 of the SAMC Project Background and Planning Commission Action In 2017, the subject property was deeded to the City for the purpose of developing a public park. In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park. On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park. The park construction is estimated to be completed in winter of 2024. On October 23, 2023, the Planning Commission received a report and staff presentation, as well as public comments, on the subject actions. As part of the deliberations and actions, the Planning Commission discussed impacts from eliminating parking spaces on the project site and impacts to residents residing in the vicinity. Following deliberations, the Planning Commission voted unanimously to (1) adopt a resolution approving Public Facilities Naming No. 2023-01, (2) adopt a resolution finding Abandonment No. 2023-03 consistent with the General Plan; (3) recommended that the City Council adopt a resolution approving General Plan Amendment No. 2023-01; and (4) recommend that the City Council adopt an ordinance approving Amendment Application No. 2023-01, with the stipulation that additional public engagement be conducted prior to the City Council hearing. The Public Works Agency scheduled an evening community meeting at Kennedy Elementary School on November 15, 2023 to further inform the community of the park improvements and the proposed elimination of parking from the park site. Public Facilities Naming (PFN) No. 2023-01 In accordance with Section 33-8 of the Santa Ana Municipal Code (SAMC), staff is recommending that the City Council affirm the Planning Commission's adoption of a resolution approving Public Facilities Naming No. 2023-01 naming the subject park to "Gerardo Mouet Park." From June 22 to July 14, 2023, staff from the PRCSA solicited park names through a social media survey campaign. Staff used the naming criteria prescribed per Section 33-6(c) of the SAMC as the benchmark for submittals. The naming criteria includes the following requirements: City Council 38 — 3 11/21/2023 Standard and McFadden Park located at 1117 S Standard Avenue November 21, 2023 Page 4 1. A name, which serves to identify the location of the subject by reference to distinct geographic, environmental, or development features in the immediate area; 2. A name, which references the history of the subject site or its immediate area; 3. A name, which identifies a person or family, which made an extraordinary donation of land or funds to promote the construction or improvement of the subject public facility; or 4. A name which recognizes a person or family who made a distinct, significant contribution to the well-being of the City, including past mayors, council members, board or commission members, officers or employees of the City, but not anyone who currently holds any such position. Staff reviewed over 200 naming suggestions. The list below was developed as a priority for consideration, as the names closely fall under the criteria mentioned above: 1. Gerardo Mouet Park (Former PRCSA Director & Interim City Manager) 2. Salvador Quintana Park 3. Hibiscus Park (Santa Ana's Flower) 4. Cornerstone Park After consideration of the list above, the Parks, Recreation & Community Services Commission recommended on July 27, 2023 by a vote of 4-1 to recommend that the Planning Commission adopt a resolution approving "Gerardo Mouet Park" as the name of the subject park and on October 23, 2023, the Planning Commission voted unanimously to adopt a resolution approving Public Facilities Naming No. 2023-01 and naming the subject park Gerardo Mouet Park. Abandonment (PW) No. 2023-03 In accordance with Section 8333 of the California Streets and Highways Code, staff is recommending that the City Council adopt a resolution approving PW No. 2023-03 vacating a portion of a public service easement adjacent to the subject park site. The portion of the alley to be vacated is located on the south end of the alley between Wakeham Avenue to the north and McFadden Avenue to the south, adjacent to 1117 South Standard Avenue. The 4,848 — square foot portion of the alley was dedicated to the City of Santa Ana as a public easement, which is currently being utilized by vehicle traffic to access residential apartment complexes located to the north. On October 23, 2023, the City's Planning Commission adopted a resolution finding the vacation of the portion of alley to be in conformity with the City's General Plan as required under Section 65042(a) of the California Government Code. As part of the park construction plan, the alley is proposed to be abandoned and redesigned/replaced approximately 20 feet to the east. This replacement dedication will provide equivalent street circulation and function for vehicles traveling between Wakeham Avenue and McFadden Avenue to access the apartment complexes. Further, the Public Works Agency has determined that there are no issues with this portion of the alley being City Council 38 — 4 11/21/2023 Standard and McFadden Park located at 1117 S Standard Avenue November 21, 2023 Page 5 abandoned, presently or in the future. Utilities, other government agencies, and City agencies have been advised of the portion of alley vacation. City Council 38 — 5 11/21/2023 Standard and McFadden Park located at 1117 S Standard Avenue November 21, 2023 Page 6 General Plan Amendment (GPA) No. 2023-01 In accordance with Section 27-12 of the SAMC, staff is recommending that the City Council adopt a resolution approving GPA No. 2023-01 which is required in order to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS) for consistency purposes. The OS designation applies to those areas of the City designated to provide for recreational and green spaces, including parks, commercial open space, and public facilities such as water channels and rail infrastructure. Existing General Plan Land Use Designation Proposed General Plan Land Use Designation Amendment Application (AA) No. 2023-01 In accordance with Section 41-664 of the SAMC, staff is recommending that the City Council adopt an ordinance approving AA No. 2023-01, which is required in order to change the zoning district designation of the park site from Multiple -Family Residence (R-3) to Open Space Land (0) for consistency with the General Plan land use designation of OS. The O district designation applies to those areas of the City that provide permanent open space. Therefore, the proposed O zoning designation is the appropriate zoning designation for the park. Existinq Zoning District Designation Proposed Zoning District Designation E HAAWOOD PL --, I m, i EHARWO�JBW. --RW4FAN6EN '� --..-'. .� - PMCFA9NENAV _ AV City Council 38 — 6 11/21/2023 Standard and McFadden Park located at 1117 S Standard Avenue November 21, 2023 Page 7 Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. The park site is located within the boundaries of the Cornerstone Neighborhood Association and borders the neighborhood associations of Madison Park and Pacific Park. To ensure thorough community outreach, public hearing notices were sent to these neighborhood associations. Lastly, the PRCSA and PWA staff conducted numerous community meetings during the design phase of the park, community feedback was incorporated into the design of the park, and on November 15, 2023 an additional community meeting was held at Kennedy Elementary School to further inform the community of the park improvements and elimination of parking. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project's environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance. There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 — Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project. EXHIBIT(S) 1. Resolution Approving PW No. 2023-03 2. Resolution Approving GPA No. 2023-01 3. Ordinance Approving AA No. 2023-01 4. Copy of the Planning Commission Resolution Approving PFN No. 2023-01 5. Copy of the Planning Commission October 23, 2023 Staff Report & Exhibits Submitted By: Hawk Scott, Executive Director of Parks, Recreation, and Community Services Agency Nabil Saba, Executive Director of Public Works Agency Minh Thai, Executive Director of Planning and Building Agency Approved By: Steven A. Mendoza, Acting City Manager City Council 38 — 7 11/21/2023 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUMMARILY VACATING A PORTION OF A PUBLIC SERVICE EASEMENT ADJACENT TO 1117 SOUTH STANDARD AVENUE (ABANDONMENT NO. 2023-03) WHEREAS, Chapter 4 of the California Streets and Highways Code section 8330 et seq. provides for summary vacation of streets and public service easements; and WHEREAS, California Streets and Highways Code section 8333 authorizes the City Council to summarily vacate public service easements when the easement has been superseded by relocation, and no other public facilities are located within the easements; and WHEREAS, following an earlier finding of conformity with the City's General Plan by the Planning Commission, as reported by the Planning Commission and required under California Government Code section 65042(a), the City desires to summarily vacate its interest in the southerly 4,484- square foot section of the alley adjacent to 1117 South Standard Avenue, as shown on Exhibit A ("Vacation Area"); and WHEREAS, the property located at 1117 South Standard Avenue in Santa Ana was deeded to the City for the purpose of developing a park; and WHEREAS, on September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park; and WHEREAS, the Public Works Agency has conducted an analysis of the subject abandonment and has determined that there are no issues with summarily vacating the Vacation Area presently or in the future, as the Vacation Area will not eliminate public access and will be redesigned/replaced approximately 20 feet to the east and will provide equivalent circulation and function. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The recitals set forth above are adopted as findings in support of this Resolution. Section 2. The public service easement described in Exhibit A is hereby ordered vacated. Section 3. From and after the date of recordation of this resolution, the public service easement described in Exhibit A will no longer constitute a street easement. Resolution No. 2023-XXX City Council 38 — 8 11/21/ 1 of 4 Section 4. Except for the reservation of the easement described herein, the Vacation Area, as shown on Exhibit A, is hereby vacated pursuant to Chapter 4 of Part 3 of Division 9 of the streets and Highways Code. Section 5. The vacation of the Vacation Area is exempt from review under the California Environmental Quality Act pursuant to section 15378pf the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it a significant impact of the environment. Section 6. All entities having any right, title, or interest in the public service easement being vacated have been notified of this action. Section 7. The City hereby reserves and excepts from vacation, pursuant to section 8340 of California Streets and Highways Code, the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, pole, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated. Section 8. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County. Section 9. The Vacation Area shall not be deemed vacated until this Resolution is recorded. Section 10. 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. [Signatures on the following page] Resolution No. 2023-XXX 2 of 4 City Council 38 — 9 11/21/ ADOPTED this 21 st day of November, 2023. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Jose Montoya Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2023-XXX City Council 38 — 10 11/21/ 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby certify the attached Resolution No. 2023 - to be the original resolution adopted by the City Council of the City of Santa Ana on , 2023. Date: City Clerk City of Santa Ana Resolution No. 2023-XXX City Council 38 —11 11/21/ 4 of 4 LEGAL DESCRIPTION FOR ALLEY VACATION BEING A PORTION OF THE 20.00 FOOT WIDE ALLEY OF TRACT NO. 3293, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 104, PAGES 30 AND 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 20 OF SAID TRACT, SAID POINT ALSO BEING THE NORTHEAST CORNER OF PARCEL 1 OF LOT MERGER NO. 2020-09, RECORDED AS INSTRUMENT NO. 2022000102008, RECORDS OF SAID COUNTY, THENCE SOUTH 890 48'40" EAST 20.00 FEET TO THE WESTERLY LINE OF LOT "A" OF SAID TRACT; THENCE ALONG SAID WESTERLY LINE SOUTH 00011'20" WEST 209.04 FEET; THENCE SOUTH 45017'20" EAST 14.03 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE (FORMER MCFADDEN STREET) AS SHOWN ON SAID TRACT; TH[NC( ALONG SAID NORTHERLY RIGHT OF WAY LINE SOUTH 89' 14 35 WEST 40.00 FEET TO THE SOUTHEASTERLY CORNER OF LOT 17 OF SAID TRACT, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF SAID PARCEL; THENCE NORTH 44042'57" EAST 14.26 FEET; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1, NORTH 000 11'20" EAST 209.37 FEET TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 4,484 SQUARE FEET. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY ME OR UNDER MY DIRECTION: ANDERSON CHRYSOSTOMO PLS 9216 DATE PAGE 1 OF 1 City Council 38 — 12 11/21/2023 PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR ALLEY VACATION I ...;:::.... ::` ; _ r S89048' 40"E 20.00' T - 42', - P.O.B - D r I ON ^� _ CDCD O O '� { CD o l; f N Z I �Yti W N Q N44 °42' 57 "E 0 `1' 42' 14.26' cc < v ,� SE'LY CORNER OF LOT 17 Z P Q o S89 o� VI ZN'LYRIGHT OF WAY ram.. O O O N - N w 3: 0 0 N N O O 20' 40' '14'35"W LINE i r IS45017'20"F 14.03' Me in I N I � NI MCFADDEN A,� VENUE (MCFADDEN STREET) N89014'35 "E 209.30'(CALC'D FROM RECORD)�� NOTE: BEARINGS AND DISTANCES ARE BASED ON TRACT NO. 3293 LEGEND: - PER TRACT NO. 3293 PROPOSED ALLEY VACATION AREA = 4,484 SF PAGE 1 OF 1 Citv Council 319 — 13 11 /21 /2023 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2023-01 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATIONS FOR THE PROPERTIES RECOGNIZED AS ASSESSOR PARCEL NUMBERS 011- 251-38 AND 011-251-39 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana is requesting approval of General Plan Amendment No. 2023-01 to amend the General Plan land use designation of the properties recognized as Assessor Parcel Numbers (APNs) 011-251-38 and 011-251-39 from Low Density Residential (LR-7) to Open Space (OS) and to update text portions and exhibits of the City's General Plan to reflect this change in order to adequately update City records and capture the changes needed in relationship with new park at 1117 South Standard Avenue. B. In 2017, the subject property was deeded to the City for the purpose of developing a public park. C. In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park. D. On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park. E. The City of Santa Ana, in conjunction with this action, is also requesting approval of (1) Public Facilities Naming (PFN) No. 2023-01 to name the new park located at 1117 South Standard Avenue to "Gerardo Mouet Park; (2) Abandonment (PW) No. 2023-03 to abandon and redesign the southerly portion of an alley between Wakeham Avenue to the north and McFadden Avenue to the south; and (3) Amendment Application (AA) No. 2023-01 to change the zoning district designation of the park site from Multiple -Family Residence (R-3) to Open Space Land (0). City Council 38 — 14 Reso1uti1PM!q.-/2Mxxx Page 1 of 5 F. On October 23, 2023, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving GPA No. 2023-01. G. On November 21, 2023, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to GPA No. 2023-01, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this resolution occurred. Section 2. The General Plan Amendment consists of amendments to the Land Use Element and text updates throughout the General Plan, as shown in Exhibit A, attached hereto and incorporated herein by reference. Section 3. The City Council hereby finds that the proposed General Plan Amendment is compatible with the objectives, policies, and general plan land use programs specified in the General Plan for the City of Santa Ana in that: A. The City of Santa Ana has officially adopted a General Plan. B. The land uses authorized by the General Plan Amendment, and the General Plan Amendment itself, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons: The proposed General Plan land use designation for the project area is OS which applies to those areas of the City designated to provide for recreational and green spaces, including parks, commercial open space, and public facilities such as water channels and rail infrastructure. ii. The general plan amendment will support several goals and policies of the General Plan. Policy 1.5 of the Community Element (CM) encourages the development and use of municipal buildings, indoor facilities, sports fields, and outdoor spaces for recreation that serve residents throughout the City, with priority given to areas that are underserved and/or within environmental justice area boundaries. Policy 1.2 of the Open Space Element (OS) encourages the a comprehensive and integrated network of parks, recreation facilities, trails, and open space that is diverse, with a variety of active and passive recreation opportunities. The subject park will add the City's park network and will provide both active and passive recreation opportunities to the surrounding community. Policy 1.5 of the OS encourages a mix of community, neighborhood, and special use parks, along with green corridors, natural areas, and landscape areas, to meet community needs for green space, recreation space, City Council 38 — 15 ResolutiI)rn/P2V2MXXX Page 2 of 5 social space, and trail connectivity. The subject park will increase the City's parkland and will contribute to achieving three acres of parkland per 1,000 residents. Section 4. The GPA will not adversely affect the public health, safety, and welfare in that the GPA will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. Section 5. In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project this is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project's environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance. There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 — Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project. Section 6. The City Council of the City of Santa Ana after conducting the public hearing hereby approves GPA No. 2023-01. The amendments to the General Plan are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 23, 2023, the Request for Council Action dated November 21, 2023, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. [Signatures on the following page] City Council 38 — 16 Reso1uti1PM!q./2MXXX Page 3 of 5 ADOPTED this 21 st day of November, 2023. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney IN Jose Montoya Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Valerie Amezcua Mayor City Council 38 — 17 Reso1uti1)1/P2Cl12MXXX Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: City Clerk City of Santa Ana City Council 38 — 18 Resolutipj/�q 2MXXX Page 5 of 5 Exhibit A City Council 38 — 19 11/21/2023 L =` �ow. ®* Community Element mar beyond Santa Ana General Plan " SHARED VISION FOR SA"T"""" FINAL, APRIL 2022 GPA 2023-01 (Pending) V'v ABOUT THE MAP. This map shows the number, type, and distribution of facilities designed for community gathering, recreation, and learning. Together with Figures CM-2 (Schools and School Districts) and OS-1 (Open Space), the map can identify areas that may be underserved or have limited access to community services and facilities. The City seeks to ensure an equitable distribution of access to these facilities for all Santa Ana residents. � i�MIy& 1ANTA ANA GENERAL PLAN 38 - 21 corJWO E CM-1 ALITIES R f r a ¢alp. Mobility Element r Santa Ana General Plan beyond a=HaxEoIoNFoasaNFINAL, APRIL 2022 TwA�a GPA 2023-01 (Pending) ry ' 38 - 221111111111111 �M- ABOUT THE MAP. This map shows areas that currently or should support high levels of pedestrian activity based on proximity to activity centers, mixed -use development, and/or transit stops. The intent is to foster a more walkable and active public realm through improvements such as wider sidewalks, safer street crossings, and enhanced streetscapes. FIGURE 44 PEDESTRh�AI� 61906*UNITY ZONES 38_��YOFSANTAANAGENER NtIQO �iaw.f11r .{ 4 ABOUT THE MAP. This map shows the number, type, and distribution of facilities that provide public services for safety, education, health, and recreation. The City seeks to ensure an equitable distribution of access to these facilities to ensure high levels of public service for all Santa Ana residents. Note that the police and fire symbols near Centennial Regional Park represent a joint training facility. y&MANTA ANA GENERAL PLAN 38 - 25 11A. RE PS-1 CILITIES A L tow"'A Q� Open Space Element Santa Ana General Plan beyond A SHARED VISION FOR SANTA ANA FINAL, APRIL 2022 GPA 2023-01 (Pending) r 9 r f.: 4 ABOUT THE MAP. This map shows the number, type, and distribution of open space areas in Santa Ana, with the majority representing parks and trails owned and operated by the City. The City also maintains joint -use agreements with schools to expand public parks and recreation resources. Golf course and cemetery areas provide a more limited form of recreation or open space. See Table OS-1, Open Space Resources, for a listing of parks and open space resources with numbering that is consistent with the labels on this figure. FIGURE ( OPEN SP ftgbk9k 38 —9TY OF SANTA ANA GENERINtI 1� 1 'Mai TABLE OS-1. OPEN SPACE RESOURCES Park Name COMMUNITY 1. Carl Thornton Park Acres 32.70 Park Name 3. Jerome Park Acres 19.27 Park Name 5. Santiago Park Acres 34.57 2. Centennial Regional Park NEIGHBORHOOD PARKS 6. Adams Park 65.26 145.86 5.68 4. Memorial Park 14. Edna Park 16.30 3.56 -- 22. Portola Park 9.07 7. Angels Community Park 1.60 15. El Salvador Park 8.91 23. Riverview Park 8.33 8. Birch Park 2.37 16. Fisher Park 2.58 24. Rosita Park 8.68 9. Bomo Koral Park 10.40 17. Heritage Park 6.44 25. Sandpointe Park 7.73 10. Cabrillo Park 7.60 18. Lillie King Park 10.40 26. Santa Anita Park 5.05 11. Cabrillo Tennis Center 3.61 19. Mabury Park 5.46 27. Windsor Park 10.81 12. Cesar Chavez Campesino Park 6.48 20. Madison Park 6.04 -- 13. Delhi Park PARKS 28. 17th Street Triangle 9.94 11. 0.70 21. Morrison Park 34. Garfield Fitness Park 5.12SMALL 0.10 - 40. Raitt and Myrtle 1.09 29. Chepa's Park 0.41 35. Maple Occidental Exercise Park 0.96 41. Saddleback View Park 0.92 30. Colonel William W. Eldridge Park 1.20 36. Mariposa Park 0.43 42. Sarah May Downie Herb Garden 0.13 31. Fairview Triangle 0.74 37. McFadden Triangle Park 0.77 43. Segerstrom Triangle Park 1.33 32. French Park 0.21 38. Memory Lane Park 0.56 44. Standard and McFadden Park 07660.76 33. Friendship Park SPECIALTY PARKS 46. Civic Center Plaza 0.10 24.78 4.89 39. Pacific Electric Park 48. Santa Ana Zoo at Prentice Park 1.41 18.75 45. Willard Intermediate Playlot - 0.12 47. Plaza Calle Cuatro •• JOINT -USE- 50. Garfield Community Center 0.20 0.39 49. Sasscer Park 53. Madison Elementary School 0.94 0.03 56. Willard Intermediate School 4.85 51. Godinez Fundamental High School 18.58 54. Monte Vista Elementary School 2.40 - 52. James Monroe Elementary School OTHER OPEN SPACE 57. River View Golf Course 2.91 282.77 81.78 55. Roosevelt Community Center Park 59. Fairhaven Memorial Cemetery 2.62 .83 -- 61. St. John's Lutheran Cemetery 4.23 58. Willowick Golf Course 102.11 60. Santa Ana Cemetery ;27.82 -- City Bikeways/Trails -15.74 miles I Santa Ana River Trail - 3.70 miles I -- Notes: The numbering corresponds to the labels on Figure OS-1, Open Space Resources. The list of parks and acreage figures are accurate as of April 2022November 2023. All figures are subject to rounding. . 'ty Council �i �� .�..• CITY OF SANTA ANA GENERAL PLAN i. . 11 /21 /2023 ABOUT THE MAP. This map shows the walking distance from publicly accessible parks. This map can help identify neighborhoods that may be underserved or have limited access to parks and recreation facilities. The City seeks to ensure an equitable distribution of access to these facilities for all Santa Ana residents. FIGURE WALKIN 6Y0 PARK FACILITIES 38 —�?Y OF SANTA ANA GENER VAQ ji eo IT:r golden city City Council t � r �• s 38 — 30 11 /21 /2023 M _ SAFETY The purpose of the Safety Element is to eliminate and minimize risks associated with natural and human -generated hazards such as floods, earthquakes, and hazardous materials. By assessing and preparing for levels of risk, the city can endure the range of safety hazards and adapt to changes over time. This element works in tandem with other elements of the General Plan, such as the Public Services Element, which has goals and policies related to police, fire, and health services; emergency planning; and resiliency. The Local Hazard Mitigation Plan (LHMP) for the City of Santa Ana planning area was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA's 2011 Local Hazard Mitigation Plan guidance. The LHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities. i he most recent LHMP for the City of Santa Ana can be found at the following link: https://www.santa-ana.org/hazard-mitigation-plan/. City Council 38 — 31 v J" " " ".�"11/21/20 (400 RWN Land Use Element goldencity Santa Ana General Plan beyond A FINAL, APRIL 2022 SHARED VISION FOA SANSA ANA GPA 2023-01 (Pending) -� �-•'^gal :a�.�s=-ter- ...'���-�-�- ���+s+p� w_ i . '�^' sue- __ IRLCIM r - F., r A I.y tZ ,: - 7 - ,:- __ _ •t �.�� `�' .fir. • 'a - - . - .._ �. �...s$4�,-:�=-+ ... i°`i`� i ',ICE _ ei Fr ABOUT THE MAP. Figure LU-1 shows the fundamental pattern of land use by displaying the pattern and distribution of land use designations across the entire city, down to the parcel level. FIGURE LU-1 LAND USE MAP ���•(�y&1ANTA ANA GENERAL PLAN 38 - 33 11/21/2023 10 . .. ABOUT THE MAP. Figure LU-4 combined with Table LU-3 describe the general plan standards for development intensity and density and show where they apply. FIGURE LU-4 DENSITY AND INTENSITY MAP �Wil•ltyg-R1 'ANTA ANA GENERAL PLAN 38 - 34 11/21/2023 10 . .. AF 1 o z r AM _ }} r _ J -Ilg� Urban Design Element `f Santa Ana General Plan-�-' - r A=rieyondD VISION FOR SAWFA ANA FINAL, APRIL 2022 GPA 2023-01 (Pending) --r ABOUT THE MAP. Figure UD-2 shows the location and types of the key urban design components that organize the visual form of the city, including activity nodes / urban hubs, focus intersections, major landmarks, and gateways. These components are presented relative to major travelways, including streets, the future alignment of the OC streetcar/stations, passenger rail, and current/potential bus rapid transit lines. FIGURE UD-2 URBAN DESIGN ELEMENTS �3wil•fy%%AANTA A N A GENERAL PLAN 38 - 36 11/21/2023 10 . .. ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-01 REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH STANDARD AVENUE AND RECOGNIZED AS ASSESSOR PARCEL NUMBERS 011-251-17, 011-251-18, 011-251-19, 011-251-20, 011-251-38 AND 011-251-39 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 as follows: A. The City of Santa Ana ("City") is requesting approval of Amendment Application (AA) No. 2023-01 to amend the zoning district designation of the properties located at 1113, 1117, 1121, and 1125 South Standard Avenue and recognized as Assessor Parcel Numbers (APNs) 011-251-17, 011-251- 18, 011-251-19, 011-251-20, 011-251-38 and 011-251-39 (collectively known as 1117 South Standard Avenue) from Multiple -Family Residence (R-3) to Open Space Land (0) for consistency with the General Plan land use designation of Open Space (OS). B. In 2017, the subject property was deeded to the City for the purpose of developing a public park. C. In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park. D. On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park. E. The City, in conjunction with this action, is also requesting approval of (1) Public Facilities Naming (PFN) No. 2023-01 to name the new park located at 1117 South Standard Avenue to "Gerardo Mouet Park; (2) Abandonment (PW) No. 2023-03 to abandon and redesign the southerly portion of an alley between Wakeham Avenue to the north and McFadden Avenue to the south; and (3) General Plan Amendment (GPA) No. 2023-01 to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS). Ordinance No. NS-XXXX City Council 38 — 37 11 /21 / of 4 F. On October 23, 2023, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving AA No. 2023-01 which is consistent with the General Plan land use designation of the subject properties. G. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the goals and policies of the general plan. H. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on November 21, 2023. The City Council also adopts as findings all facts presented in the Request for Council Action dated November 21, 2023, accompanying this matter. J. For these reasons, and each of them, AA No. 2023-01 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC), thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The Amendment Application consists of amendments to the Zoning Map, as shown in Exhibit A, attached hereto and incorporated herein by reference. Section 3. In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project this is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project's environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance. There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 — Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project. Ordinance No. NS-XXXX City Council 38 — 38 11 /21 / of 4 Section 4. An amended Sectional District Map, showing the above described changes in use district designation, is hereby approved and attached hereto as Exhibit A, and incorporated by this reference as though fully set forth herein. Section 5. AA No. 2023-01 shall not enter into full force and effect until the current change in the site's Land Use Designation as requested by GPA No. 2023-01 is approved and in full force and effect. Section 6. The City Council of the City of Santa Ana after conducting the public hearing hereby approves AA No. 2023-01. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 23, 2023, the Request for Council Action dated November 21, 2023, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 21 st day of November, 2023. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Jose Montoya Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-XXXX City Council 38 — 39 11 /21 / of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2023 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXXX City Council 38 — 40 11 /21 / of 4 3 0 y` 7-5-9 �P In 6 $DS y D84 m % SD84 I SD84 m SD84 w �SD84/M2 suua/mz l SD84 SD84 '�� SD84/M2 SD84/M2 ASTST 5 6E1ST ST mm E211allommmom f WALNUTST WALNUTST WALNUT ST M1 r�ml zml PINE ST PINE ST PINE ST PINE ST R3 M1 R2� IESTNUTAv E CHESTNUT AV I' �m R3 � R3 3 R2 � I R3 IMYRTLE R2 R1 R1 R1 R1 R1 MyRrR13T $ MYRTLE ST $D R2 R2 R1 R1 I R1 MUIR2-B R1 R1 R1 - CAMILE ST o CAM ST R1 $ CAMILE ST R1 D40 R2 R1 WARREN; L1 R1 R1 R1 - `LLJ_J�U � R1 1 SHOP ST BISHOP ST m�m BISHOP ST FTI3M v, LJ_J_LJ1JJ_J�LJ Rt $D a R1HUNTER AV iLANDST � rRI Rt R1 UQ GRANT ST g $ U S a R1 GRANTST Q GRANTS iD U) to T_ a WAKEHAMAV ILAND ST WAKEHAMAV Z WAKEN [7R1 R1 rc w rc F 1 SM to o a iD Q R1 o R1 o R1 y y WIST® WISTERIA� Y i w R1 I R1 u CUBBONST �BEVERLV PL R1 R1 1 R1 NORMANDVPL C$M NORM ANDV PL R1 Rt R1 R2 'ADDEN AV HARWOOD PL IIBDNIDI�HARR1 PLR2Or R1 C1 E MCFADDEN AV SELLAV RUSSELL AV rRUSSELLOXFORDST OXFORD STR1 Q w 'GRIPFITH PL R1 rc R1 + GI 'WILSHIRE AV I WILSHIRE A' C$MIR2-BI I R2I R1 I I R1 I IRI IIRII:I R1-PRD I nR1 PRINT DATE: 03/05/20 ZONING DISTRICTS M7 7-5-9 �S a R2/OZ1 9 C2/OZ1 C2/OZ1 V N z � 1 C2/OZ1 SD89/O 1 O M1 M7 M7 Al GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. R2 TWO-FAMILY RESIDENCE -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE -FAMILY RESIDENCE -OZ OVERLAY ZONE C1-MD COMMUNITY COMMERCIAL - MUSEUMDIST. M1 LIGHTINDUSTRIAL R4 SUBURBAN APARTMENT PLANNED RESIDENTIAL PRD DEVELOPMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER O OPENSPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHT DISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR I COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE OZt I METRO EAST OVERLAY ZONE SECTIONAL DISTRICT MAP: 18-5-9 CITY OF SANTA ANA, CALIFORNIA Exhibit: A City Council 38 — 41 11/21/2023 RESOLUTION NO. 2023-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA FINDING ABANDONMENT NO. 2023-03 CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF SANTA ANA BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City of Santa Ana (City) is requesting a finding of consistency with the General Plan for Abandonment (PW) No. 2023-03 in relationship with a new public park located at 1117 South Standard Avenue. B. In 2017, the subject property was deeded to the City for the purpose of developing a public park. C. In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park. D. On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park. E. Section 8300 et seq. of the California Streets and Highways Code authorizes the City of Santa Ana to vacate all or any portion of any street or highway within its boundaries and under its jurisdiction to terminate the public's right to use such street. F. Pursuant to Section 65402(a) of the California Government Code, street vacations must first be submitted to and reported upon by the Planning Commission for conformance with the General Plan. G. The City desires to vacate the portions of the southerly end of an alley located between Wakeham Avenue to the north and McFadden Avenue to the south, as shown on exhibits A and B("Vacation Area"), attached hereto and incorporated herein by reference. H. The Public Works Agency has conduct an analysis of the subject abandonment and has determined that there are no issues with vacating Resolution No. 2023-28 City Council 38 — 42 11/21/ 3 of 5 the Vacation Area presently or in the future, as the Vacation Area will be redesigned/replaced approximately 20 feet to the east and will provide equivalent circulation and function. The City Council of the City of Santa Ana adopted the 2022-2045 General Plan (General Plan) on April 19, 2022. J. By separate City Council action and following a finding of conformity with the City's General Plan by the Planning Commission, the City desires to vacate the Vacation Area. K. The City of Santa Ana, in conjunction with this action, is also requesting approval of (1) Public Facilities Naming (PFN) No. 2023-01 to name the new park located at 1117 South Standard Avenue to "Gerardo Mouet Park;" (2) General Plan Amendment (GPA) No. 2023-01 to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS); and (3) Amendment Application (AA) No. 2023-01 to change the zoning district designation of the park site from Multiple -Family Residence (R-3) to Open Space Land (0). L. On October 23, 2023, the Planning Commission held a hearing on Abandonment (PW) No. 2023-03. M. The Planning Commission of the City of Santa Ana determines that PW No. 2023-03 is consistent with goals and polices of the General Plan of the City. Policy 1.5 of the Community Element (CM) encourages the development and use of municipal buildings, indoor facilities, sports fields, and outdoor spaces for recreation that serve residents throughout the City, with priority given to areas that are underserved and/or within environmental justice area boundaries. PW No. 2023-03 will redesign a portion of an alley in order to provide additional and continues open space within an environmental justice neighborhood. Policy 1.2 of the Open Space Element (OS) encourages the a comprehensive and integrated network of parks, recreation facilities, trails, and open space that is diverse, with a variety of active and passive recreation opportunities. The subject park will add the City's park network and will provide both active and passive recreation opportunities to the surrounding community. Policy 1.5 of the OS encourages a mix of community, neighborhood, and special use parks, along with green corridors, natural areas, and landscape areas, to meet community needs for green space, recreation space, social space, and trail connectivity. The subject park will increase the City's parkland and will contribute to achieving three acres of parkland per 1,000 residents. PW No. 2023-03 will contribute to the general well-being of the neighborhood and will not adversely affect the General Plan of the City. Resolution No. 2023-28 of 5 City Council 38 — 43 11/21/ Section 2. In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project this is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project's environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance. There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 — Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project. Section 3. The Planning Commission of the City of Santa Ana hereby finds PW No. 2023-03 consistent with the General Plan. This decision is based upon the evidence submitted at the above -referenced meeting, which includes, but is not limited to: the Request for Planning Commission Action dated October 23, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. [This space intentionally left blank] [Signatures on the following page] Resolution No. 2023-28 of 5 City Council 38 — 44 11/21/ ADOPTED this 23rd day of October 2023, by the following vote: AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher Leo, Jennifer Oliva, Bao Pham, Isuri Ramos, Alan Woo (7) NOES: Commissioners: (0) ABSENT: Commissioners: (0) ABSTENTIONS: Commissioners: (0) Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Jose Montoya Assistant City Attorney Resolution No. 2023-28 City Council 38 — 45 11/21/ 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-28 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 23, 2023. Date: 10/23/2023 /t)uv-z� Oct Recording Secretary City of Santa Ana Resolution No. 2023-28 of 5 City Council 38 — 46 11/21/ EXHIBIT 'A' LEGAL DESCRIPTION FOR ALLEY VACATION BEING A PORTION OF THE 20.00 FOOT WIDE ALLEY OF TRACT NO. 3293, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 104, PAGES 30 AND 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 20 OF SAID TRACT, SAID POINT ALSO BEING THE NORTHEAST CORNER OF PARCEL 1 OF LOT MERGER NO. 2020-09, RECORDED AS INSTRUMENT NO. 2022000102008, RECORDS OF SAID COUNTY, THENCE SOUTH 89° 48'40" EAST 20.00 FEET TO THE WESTERLY LINE OF LOT "A" OF SAID TRACT: THENCE ALONG SAID WESTERLY LINE SOUTH 00011'20" WEST 209,04 FEET: THENCE SOUTH 45017'20" EAST 14.03 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE (FORMER MCFADDEN STREET) AS SHOWN ON SAID TRACT: THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE SOUTH 890 14'35" WEST 40.00 FEET TO THE SOUTHEASTERLY CORNER OF LOT 17 OF SAID TRACT, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF SAID PARCEL: THENCE NORTH 44042'57" EAST 14.26 FEET; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1, NORTH 00° 11'20" EAST 209.37 FEET TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 4,484 SQUARE FEET. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY ME OR UNDER MY DIRECTION: Ol/Z. /1-0 Z' ANDERSON CHRYSOSTOM❑ PLS 9216 DATE PAGE 1 OF 11 City Council 38 — 47 11/21/2023 r.......................................................................................................................................� EXHIBIT rBr PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR ALLEY VACATION 1 �0,-001 L--------------------------- - ---- ------ P. 42 - , II I ' w ■ J ■ ' Y ■ u C ■ II II :A r � : h M C ; N O IMM! V 1 0. Q , : N N ; ■ N 1 ■ 20 nl _j o NI , ID W s ,o- o —V .... o W m z w `) i N ■ ■ ■ ■ ■ ■ ■ ■ WIN ■ ■ I N44 ° 42'57"E 2011 ------------------T --_ 0 w . 0: L 14.26 S45 o 17 20 E; 6. _ SE LY CORNER OF LOT 17 40 14.03 S89°14'35"W cv ZN'LY RIGHT OF WAY LINE 10.00 N ; li SCf• ■ I j ■ ■ ■ MGFADRENAUE,NllE_(.IYLCFA_ RDEN _STRUT). <r i__-____- �— N89014'35"E 209.30' (—CALC'D—FROM RECORD) — NOTE: BEARINGS AND DISTANCES ARE BASED ON TRACT NO. 3293 LEGEND= — PER TRACT NO. 3293 PROPOSED ALLEY VACATION: AREA= 4,484 SF , ------------- PAGE 1 OF 1; ,................................................... ....................... .......p City Council 38 — 48 11/21/2023 Parks, Recreation, and Community Services Agency Planning and Building Agency Public Works Agency Item # XX City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report October 23, 2023 Topic: Public Facilities Naming No. 2023-01, Abandonment No. 2023-03, General Plan Amendment No. 2023-01, and Amendment Application No. 2023-01 for Standard and McFadden Public Park located at 1117 S. Standard Avenue RECOMMENDED ACTION 1. Adopt a resolution approving Public Facilities Naming No. 2023-01; 2. Adopt a resolution finding Abandonment No. 2023-03 consistent with the General Plan; 3. Recommend that the City Council adopt a resolution approving General Plan Amendment No. 2023-01; and 4. Recommend that the City Council adopt an ordinance approving Amendment Application No. 2023-01. EXECUTIVE SUMMARY The Parks, Recreation and Community Services Agency (PRCSA), Planning and Building Agency (PBA), and Public Works Agency (PWA) are requesting approval of: (1) Public Naming Facilities (PFN) No. 2023-01 to name the public park located at the northeast corner of Standard Avenue and McFadden Avenue (collectively known as 1117 S. Standard Avenue) to "Gerardo Mouet Park;" (2) Abandonment (PW) No. 2023-03 to abandon and redesign the southerly portion of an alley between Wakeham Avenue to the north and McFadden Avenue to the south; (3) General Plan Amendment (GPA) No. 2023- 01 to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS); and (4) Amendment Application (AA) No. 2023- 01 to change the zoning district designation of the park site from Multiple -Family Residence (R-3) to Open Space Land (0). The Planning Commission is responsible for the naming of public facilities and finding alley abandonment requests consistent with the General Plan. In addition, the Planning Commission is an advisory body to the City Council regarding general plan amendments and amendment applications (zone changes). Staff is recommending approval of the requested actions as they are required to facilitate construction of a new public park that was approved by the City Council. City Council 38 — 49 11/21/2023 PFN No. 2023-01, PW No. 2023-03, GPA No. 2023-01, & AA No. 2023-01 for Gerardo Mouet Park (1117 S. Standard Avenue) October 23, 2023 Page 2 Table 1: Prolect and Location Information Item Information Project Address & Council Ward 1117 S. Standard Avenue —Ward 6 Nearest Intersection Standard Avenue and McFadden Avenue General Plan Designation Existing Low Density Residential LR-7 Proposed Open Space OS Zoning Designation Existing Multiple -Family Residence R-3 Proposed Open Space Land O Surrounding Land Use North Apartments East Apartments South Commercial West Commercial Property Size 0.75-acre Existing Site Development Vacant future park site Use Permissions Section 41-584 a of the SAMC Code Sections Affected Sections 27-12, 33-5, and 41-665 of the SAMC Project Background In 2017, the subject property was deeded to the City for the purpose of developing a public park. In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park. On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park. The park construction is estimated to be completed in winter of 2024. The park will include amenities catered to serve the surrounding community. The scope of work for the park includes the removal of the existing asphalt alley, synthetic soccer field, chain link fence, planter boxes, landscaping, and the construction of a new concrete alley, skate park, multi -purpose basketball court, playground and fitness equipment, site furnishings, lighting, wrought iron fencing and concrete masonry walls, decorative signage, landscaping, irrigation, and a security system. Public Facilities Naminq (PFN) No. 2023-01 In accordance with Section 33-5 of the Santa Ana Municipal Code (SAMC), staff is recommending that the Planning Commission adopt a resolution approving PFN No. 2023-01 to name the subject park to "Gerardo Mouet Park." The PRCSA solicited park names through a social media survey campaign, during the period of June 22, 2023 through July 14, 2023. Staff used the naming criteria, listed per Section 33-6(c) of the SAMC, as the benchmark for submittals, which includes the following requirements: City Council 38 — 50 11/21/2023 PFN No. 2023-01, PW No. 2023-03, GPA No. 2023-01, & AA No. 2023-01 for Gerardo Mouet Park (1117 S. Standard Avenue) October 23, 2023 Page 3 1. A name, which serves to identify the location of the subject by reference to distinct geographic, environmental or development features in the immediate area; 2. A name, which references the history of the subject site or its immediate area,- 3. A name, which identifies a person or family, which made an extraordinary donation of land or funds to promote the construction or improvement of the subject public facility; or 4. A name which recognizes a person or family who made a distinct, significant contribution to the well-being of the City, including past mayors, council members, board or commission members, officers or employees of the City, but not anyone who currently holds any such position. Staff reviewed over 200 naming suggestions. The list below was developed as a priority for consideration, as the names closely fall under the criterion mentioned above: 1. Gerardo Mouet Park (Former PRCSA Director & Interim City Manager) 2. Salvador Quintana Park 3. Hibiscus Park (Santa Ana's Flower) 4. Cornerstone Park After consideration of the list above, the Parks, Recreation & Community Services Commission recommended on July 27, 2023 by a vote of 4-1 to recommend that the Planning Commission adopt a resolution approving "Gerardo Mouet Park" as the name of the subject park. Abandonment (PW) No. 2023-03 In accordance with California Government Code Section 65402(a), staff is recommending that the Planning Commission adopt a resolution finding Abandonment (PW) No. 2023- 03 consistent with the General Plan. California Government Code Section 65402 (Restrictions on Acquisition and Disposal of Real Property) requires that the Planning Commission review and approve certain actions related to City property. Actions related to acquiring, using, or disposing of public property require the Planning Commission to review the proposed use for conformity with the General Plan. As part of the park construction, a portion of the southerly end of the alley between Wakeham Avenue to the north and McFadden Avenue to the south will be abandoned and redesigned/replaced approximately 20 feet to the east. The replacement dedication will provide equivalent street circulation and function. PW No. 2023-03 is consistent with the goals and polices of the General Plan of the City. Policy 1.5 of the Community Element (CM) encourages the development and use of municipal buildings, indoor facilities, sports fields, and outdoor spaces for recreation that serve residents throughout the City, with priority given to areas that are underserved and/or within environmental justice area boundaries. PW No. 2023-03 will redesign a portion of an alley in order to provide additional and continues open space within an City Council 38 — 51 11/21/2023 PFN No. 2023-01, PW No. 2023-03, GPA No. 2023-01, & AA No. 2023-01 for Gerardo Mouet Park (1117 S. Standard Avenue) October 23, 2023 Page 4 environmental justice neighborhood. Policy 1.2 of the Open Space Element (OS) encourages the a comprehensive and integrated network of parks, recreation facilities, trails, and open space that is diverse, with a variety of active and passive recreation opportunities. The subject park will add the City's park network and will provide both active and passive recreation opportunities to the surrounding community. Policy 1.5 of the OS encourages a mix of community, neighborhood, and special use parks, along with green corridors, natural areas, and landscape areas, to meet community needs for green space, recreation space, social space, and trail connectivity. The subject park will increase the City's parkland and will contribute to achieving three acres of parkland per 1,000 residents. PW No. 2023-03 will contribute to the general well-being of the neighborhood and will not adversely affect the General Plan of the City. General Plan Amendment (GPA) No. 2023-01 In accordance with Section 27-12 of the SAMC, staff is recommending that the Planning Commission recommend that the City Council adopt a resolution approving GPA No. 2023-01 which is required in order to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS) for consistency purposes. The OS designation applies to those areas of the City designated to provide for recreational and green spaces, including parks, commercial open space, and public facilities such as water channels and rail infrastructure. Existing General Plan Land Use Designation Amendment Application (AA) No. 2023-01 Proaosed General Plan Land Use Desianation In accordance with Section 41-664 of the SAMC, staff is recommending that the Planning Commission recommend that the City Council adopt an ordinance approving AA No. 2023-01, which is required in order to change the zoning district designation of the park site from Multiple -Family Residence (R-3) to Open Space Land (0) for consistency with the General Plan land use designation of OS. The O district designation applies to those City Council 38 — 52 11/21/2023 PFN No. 2023-01, PW No. 2023-03, GPA No. 2023-01, & AA No. 2023-01 for Gerardo Mouet Park (1117 S. Standard Avenue) October 23, 2023 Page 5 areas of the City that provide permanent open space. Therefore, the proposed O zoning designation is the appropriate zoning designation for the park. Existing Zoning District Designation Proposed Zoning District Designation FRI -c i G F?t F_ "001 ft A L 19 J Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided attached hereto as Exhibit 8. The park site is located within the boundaries of the Cornerstone Neighborhood Association and boarders the neighborhood associations of Madison Park and Pacific Park. To ensure thorough community outreach, notices were sent to these neighborhood associations and their representatives were contacted to identify any areas of concerns. At the time this report was printed, no issues of concern were raised regarding the requested actions. Lastly, the PRCSA and PWA staff conducted numerous community meetings during the design phase of the park and community feedback was incorporated into the design of the park. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project this is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project's environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance. There are no new environmental impacts or mitigation measures needed. All applicable mitigation City Council 38 — 53 11/21/2023 PFN No. 2023-01, PW No. 2023-03, GPA No. 2023-01, & AA No. 2023-01 for Gerardo Mouet Park (1117 S. Standard Avenue) October 23, 2023 Page 6 measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 — Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with these actions. EXHIBIT(S) 1. Resolution Approving PFN No. 2023-01 2. Resolution Finding PW No. 2023-03 Consistent with the General Plan 3. Resolution Approving GPA No. 2023-01 4. Ordinance Approving AA No. 2023-01 5. Vicinity Zoning & Aerial View 6. Site Photo 7. Site Plan 8. Copy of Public Notices Submitted By: Jerry C. Guevara, Senior Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency City Council 38 — 54 11/21/2023 City Council 38 — 55 11/21/2023 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING PUBLIC FACILITIES NAMING NO. 2023-01 NAMING THE NEW PUBLIC PARK LOCATED AT 1117 SOUTH STANDARD AVENUE TO "GERARDO MOUET PARK" BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City of Santa Ana is requesting approval of City -initiated Public Facilities Naming (PFN) No. 2023-01 to name the new park located at 1117 South Standard Avenue to "Gerardo Mouet Park." B. In 2017, the subject property was deeded to the City for the purpose of developing a public park. C. In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park. D. On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park. E. Pursuant to sections 33-5 through 33-8 of the Santa Ana Municipal Code (SAMC), the Planning Commission is the decision -making body for the naming of parks or recreational facilities owned or controlled by the City, subject to confirmation by the City Council. Further, the policy guidelines in the SAMC pertaining to the naming of such facilities specify the criteria that shall be used in such determination. F. On July 27, 2023, the Parks, Recreation and Community Services Commission held a hearing on PFN No. 2023-01 and, after receiving public testimony on the item, voted 4-1 to recommend that the Planning Commission adopt a resolution approving "Gerardo Mouet Park" as the name of the new park at 1117 South Standard Avenue. Resolution No. 2023-XXX City Council 38 — 56 11/21/ of 4 G. The City of Santa Ana, in conjunction with this action, is also requesting approval of (1) Abandonment (PW) No. 2023-03 to abandon and redesign the southerly portion of an alley between Wakeham Avenue to the north and McFadden Avenue to the south; (2) General Plan Amendment (GPA) No. 2023-01 to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS); and (3) Amendment Application (AA) No. 2023-01 to change the zoning district designation of the park site from Multiple -Family Residence (R-3) to Open Space Land (0). H. On October 23, 2023, the Planning Commission held a hearing on PFN No. 2023-01. Based on the established guidelines, the park name of Gerardo Mouet Park has been selected as the name of the new park at located at 1117 South Standard Avenue. Gerardo Mouet Park name satisfies the criteria of Section 33-6(c)(4) of the SAMC, which directs the promotion of names which recognizes a person or family who made a distinct, significant contribution to the well-being of the city, including past mayors, council members, board or commission members, officers or employees of the city, but not anyone who currently holds any such position. Section 2. In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project this is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project's environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance. There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 — Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project. Section 3. The Planning Commission of the City of Santa Ana hereby approves Public Facility Naming No. 2023-01 to name the park located at 1117 South Standard Avenue to "Gerardo Mouet Park." This decision is based upon the evidence submitted at the above -referenced meeting, which includes, but is not limited to: the Request for Resolution No. 2023-XXX City Council 38 — 57 11/21/ of 4 Planning Commission Action dated October 23, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 2311 day of October 2023, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Jose Montoya Assistant City Attorney Resolution No. 2023-XXX City Council 38 — 58 11/21/ of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 23, 2023. Date: Recording Secretary City of Santa Ana Resolution No. 2023-XXX City Council 38 — 59 11/21/ of 4 City Council 38 — 60 11/21/2023 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA FINDING ABANDONMENT NO. 2023-03 CONSISTENT WITH THE GENERAL PLAN OF THE CITY OF SANTA ANA BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City of Santa Ana (City) is requesting a finding of consistency with the General Plan for Abandonment (PW) No. 2023-03 in relationship with a new public park located at 1117 South Standard Avenue. B. In 2017, the subject property was deeded to the City for the purpose of developing a public park. C. In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park. D. On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park. E. Section 8300 et seq. of the California Streets and Highways Code authorizes the City of Santa Ana to vacate all or any portion of any street or highway within its boundaries and under its jurisdiction to terminate the public's right to use such street. F. Pursuant to Section 65402(a) of the California Government Code, street vacations must first be submitted to and reported upon by the Planning Commission for conformance with the General Plan. G. The City desires to vacate the portions of the southerly end of an alley located between Wakeham Avenue to the north and McFadden Avenue to the south, as shown on exhibits A and B("Vacation Area"), attached hereto and incorporated herein by reference. H. The Public Works Agency has conduct an analysis of the subject abandonment and has determined that there are no issues with vacating Resolution No. 2023-XXX City Council 38 — 61 11/21/ of 5 the Vacation Area presently or in the future, as the Vacation Area will be redesigned/replaced approximately 20 feet to the east and will provide equivalent circulation and function. The City Council of the City of Santa Ana adopted the 2022-2045 General Plan (General Plan) on April 19, 2022. J. By separate City Council action and following a finding of conformity with the City's General Plan by the Planning Commission, the City desires to vacate the Vacation Area. K. The City of Santa Ana, in conjunction with this action, is also requesting approval of (1) Public Facilities Naming (PFN) No. 2023-01 to name the new park located at 1117 South Standard Avenue to "Gerardo Mouet Park;" (2) General Plan Amendment (GPA) No. 2023-01 to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS); and (3) Amendment Application (AA) No. 2023-01 to change the zoning district designation of the park site from Multiple -Family Residence (R-3) to Open Space Land (0). L. On October 23, 2023, the Planning Commission held a hearing on Abandonment (PW) No. 2023-03. M. The Planning Commission of the City of Santa Ana determines that PW No. 2023-03 is consistent with goals and polices of the General Plan of the City. Policy 1.5 of the Community Element (CM) encourages the development and use of municipal buildings, indoor facilities, sports fields, and outdoor spaces for recreation that serve residents throughout the City, with priority given to areas that are underserved and/or within environmental justice area boundaries. PW No. 2023-03 will redesign a portion of an alley in order to provide additional and continues open space within an environmental justice neighborhood. Policy 1.2 of the Open Space Element (OS) encourages the a comprehensive and integrated network of parks, recreation facilities, trails, and open space that is diverse, with a variety of active and passive recreation opportunities. The subject park will add the City's park network and will provide both active and passive recreation opportunities to the surrounding community. Policy 1.5 of the OS encourages a mix of community, neighborhood, and special use parks, along with green corridors, natural areas, and landscape areas, to meet community needs for green space, recreation space, social space, and trail connectivity. The subject park will increase the City's parkland and will contribute to achieving three acres of parkland per 1,000 residents. PW No. 2023-03 will contribute to the general well-being of the neighborhood and will not adversely affect the General Plan of the City. Resolution No. 2023-XXX City Council 38 — 62 11/21/ of 5 Section 2. In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project this is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project's environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance. There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 — Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project. Section 3. The Planning Commission of the City of Santa Ana hereby finds PW No. 2023-03 consistent with the General Plan. This decision is based upon the evidence submitted at the above -referenced meeting, which includes, but is not limited to: the Request for Planning Commission Action dated October 23, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. [This space intentionally left blank] [Signatures on the following page] Resolution No. 2023-XXX City Council 38 — 63 11/21 T/M of 5 ADOPTED this 2311 day of October 2023, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_ Jose Montoya Assistant City Attorney �� Tn;j;�— Bao Pham Chairperson Resolution No. 2023-XXX City Council 38 — 64 11/21/ of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 23, 2023. Date: Recording Secretary City of Santa Ana Resolution No. 2023-XXX City Council 38 — 65 11/21/ of 5 EXHIBIT 'A' LEGAL DESCRIPTION FOR ALLEY VACATION BEING A PORTION OF THE 20.00 FOOT WIDE ALLEY OF TRACT NO. 3293, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOCK 104, PAGES 30 AND 31 OF MISCELLANEOUS MAPS, RFCCRDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER CF LOT 20 OF SAID TRACT, SAID POINT ALSO BEING THE NORTHEAST CORNER OF PARCEL 1 OF LOT MERGER NO. 2020-09, RECORDED AS INSTRUMENT NO. 2022000102008, RECORDS OF SAID COUNTY, THENCE SOUTH 89° 48'40" EAST 20.00 FEET TO THE WESTERLY LINE OF LOT "A" OF SAID TRACT; THENCE ALONG SAID WESTERLY LINE SOUTH 00011'20" WEST 209.04 FEET; THENCE SOUTH 45017'20" EAST 14.03 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF MCFADDEN AVENUE (FORMER MCFADDEN STREET) AS SHOWN ON SAID TRACT; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE SOUTH 890 14'35" WEST 40.00 FEET TO THE SOUTHEASTERLY CORNER OF LOT 17 OF SAID TRACT, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF SAID PARCEL; THENCE NORTH 44042'57" EAST 14.26 FEET; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1, NORTH OC° 11'20" EAST 209.37 FEET TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 4,484 SQUARE FEET. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. BAN` \` CHR PREPARED BY ME OR UNDER MY DIRECTION: No. 9215 ANDERSON CHRYSOSTOMO PLS 9216 DATE F nr t00% PAGE 1 OF 1 City Council 38 — 66 11/21/2023 I�I�1�[�Z[�I�I�lfr' � �' �=tL1��7�7�1l�[�l�►■ � ��S't%L11_���[�LI I I \- _ I I . .. S89°48'40"E c I 20. 00' -- 42' I I ROB I s I w J I f Q ° C O N , Y •' C) C) N N O I 02) :::: ... :.:-20 e..: I - I ,-,_, o o .. Ci-' ^ ----------- ' I W rn 0 0 Z W > 2 Q ,_ _ N44042'57"E p w 42 14.26' S45017'20'1 Q p N SE'LY CORNER OF LOT 17 > I14.03' 40 Ln -------------- S89 ° 1 4' 35 "W � U I I ' 10.00' N EY RIGET OE WAY LINE N MCFADDEN IAA VENUE (MCFADDEN STREET) N89014'35"E 209.30'(CALC'D FROM RECORD)' NOTE: BEARINGS AND DISTANCES ARE BASED ON TRACT NO. 3293 ( ) — PER TRACT NO. 3293 PROPOSED ALLEY VACATION AREA = 4,484 SF PAGE 1 OF 1 Citv Council 319 — 67 11 /21 /2023 City Council 38 — 68 11/21/2023 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2023-01 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATIONS FOR THE PROPERTIES RECOGNIZED AS ASSESSOR PARCEL NUMBERS 011- 251-38 AND 011-251-39 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana is requesting approval of General Plan Amendment No. 2023-01 to amend the General Plan land use designation of the properties recognized as Assessor Parcel Numbers (APNs) 011-251-39 and 011-251-38 from Low Density Residential (LR-7) to Open Space (OS) and to update text portions and exhibits of the City's General Plan to reflect this change in order to adequately update City records and capture the changes need in relationship with new park at 1117 South Standard Avenue. B. In 2017, the subject property was deeded to the City for the purpose of developing a public park. C. In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park. D. On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park. E. The City of Santa Ana, in conjunction with this action, is also requesting approval of (1) Public Facilities Naming (PFN) No. 2023-01 to name the new park located at 1117 South Standard Avenue to "Gerardo Mouet Park; (2) Abandonment (PW) No. 2023-03 to abandon and redesign the southerly portion of an alley between Wakeham Avenue to the north and McFadden Avenue to the south; and (3) Amendment Application (AA) No. 2023-01 to change the zoning district designation of the park site from Multiple -Family Residence (R-3) to Open Space Land (0). City Council 38 — 69 Reso1utiprt/12q./2Mxxx Page 1 of 5 F. On October 23, 2023, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution approving GPA No. 2023-01. G. On November 21, 2023, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to GPA No. 2023-01, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this resolution occurred. Section 2. The General Plan Amendment consists of amendments to the Land Use Element and text updates throughout the General Plan, as shown in Exhibit A, attached hereto and incorporated herein by reference. Section 3. The City Council hereby finds that the proposed General Plan Amendment is compatible with the objectives, policies, and general plan land use programs specified in the General Plan for the City of Santa Ana in that: A. The City of Santa Ana has officially adopted a General Plan. B. The land uses authorized by the General Plan Amendment, and the General Plan Amendment itself, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons: The proposed General Plan land use designation for the project area is OS which applies to those areas of the City designated to provide for recreational and green spaces, including parks, commercial open space, and public facilities such as water channels and rail infrastructure. ii. The general plan amendment will support several goals and policies of the General Plan. Policy 1.5 of the Community Element (CM) encourages the development and use of municipal buildings, indoor facilities, sports fields, and outdoor spaces for recreation that serve residents throughout the City, with priority given to areas that are underserved and/or within environmental justice area boundaries. Policy 1.2 of the Open Space Element (OS) encourages the a comprehensive and integrated network of parks, recreation facilities, trails, and open space that is diverse, with a variety of active and passive recreation opportunities. The subject park will add the City's park network and will provide both active and passive recreation opportunities to the surrounding community. Policy 1.5 of the OS encourages a mix of community, neighborhood, and special use parks, along with green corridors, natural areas, and landscape City Council 38 — 70 Resoiuti�J/12CI12MXXX Page 2of5 areas, to meet community needs for green space, recreation space, social space, and trail connectivity. The subject park will increase the City's parkland and will contribute to achieving three acres of parkland per 1,000 residents. Section 4. The GPA will not adversely affect the public health, safety, and welfare in that the GPA will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. Section 5. In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project this is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project's environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance. There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 — Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project. Section 6. The City Council of the City of Santa Ana after conducting the public hearing hereby approves GPA No. 2023-01. The amendments to the General Plan are attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 23, 2023, the Request for Council Action dated November 21, 2023, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. City Council 38 — 71 Reso1utipri/12q./2MXXx Page 3 of 5 ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Bv: Jose Montoya Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers 2023. Valerie Amezcua Mayor City Council 38 — 72 Reso1uthpj/12q./2MXXX Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: City Clerk City of Santa Ana City Council 38 — 73 Reso1utiprt/12q./2MXXX Page 5 of 5 s wk &► w 40 k 1 (.O"� Community Element beyond Santa Ana General Plan A SHARED Y15[-.-A- FINAL, APRIL 2022 Y 4 r it -r ABOUT THE MAP. This map shows the number, type, and distribution of facilities designed for community gathering, recreation, and learning. Together with Figures CM-2 (Schools and School Districts) and OS-1 (Open Space), the map can identify areas that may be underserved or have limited access to community services and facilities. The City seeks to ensure an equitable distribution of access to these facilities for all Santa Ana residents. � i�MIy& 1ANTA ANA GENERAL PLAN 38 - 75 CONAud E CM-1 ALITIES Mil Lipj NO 14 Mobility Element beyondSanta Ana General Plan ASHA- 11-. .. .-­ . FINAL, APRIL 2022 ABOUT THE MAP. This map shows areas that currently or should support high levels of pedestrian activity based on proximity to activity centers, mixed -use development, and/or transit stops. The intent is to foster a more walkable and active public realm through improvements such as wider sidewalks, safer street crossings, and enhanced streetscapes. FIGURE ;;-^ PEDEST6AW &PP13 (UNITY ZONES OEWIE 38 - 7ITY OF SANTA ANA GENER NtIQ rji a w IT:r Public Services Element • Santa Ana General Plan MOM MWA AMA FINAL, APRIL 2022 T �4 4 r A- ABOUT THE MAP. This map shows the number, type, and distribution of facilities that provide public services for safety, education, health, and recreation. The City seeks to ensure an equitable distribution of access to these facilities to ensure high levels of public service for all Santa Ana residents. Note that the police and fire symbols near Centennial Regional Park represent a joint training facility. y&MANTA ANA GENERAL PLAN 38 - 79 11A. RE PS-1 CILITIES Open Space Element beyond Santa Ana General Plan ASHARL➢V35WN H]RSAHTAAHA FINAL, APRIL 2022 i ABOUT THE MAP. This map shows the number, type, and distribution of open space areas in Santa Ana, with the majority representing parks and trails owned and operated by the City. The City also maintains joint -use agreements with schools to expand public parks and recreation resources. Golf course and cemetery areas provide a more limited form of recreation or open space. See Table OS-1, Open Space Resources, for a listing of parks and open space resources with numbering that is consistent with the labels on this figure. FIGURE OPEN S 38 _ 91Y OF SANTA ANA GENERINt to MIX TABLE OS-1. OPEN SPACE RESOURCES Park Name COMMUNITY 1. Carl Thornton Park Acres 32.70 Park Name 3. Jerome Park Acres 19.27 Park Name 5. Santiago Park Acres 34.57 2. Centennial Regional Park NEIGHBORHOOD PARKS 6. Adams Park 65.26 145.86 5.68 4. Memorial Park 14. Edna Park 16.30 3.56 -- 22. Portola Park 9.07 7. Angels Community Park 1.60 15. El Salvador Park 8.91 23. Riverview Park 8.33 8. Birch Park 2.37 16. Fisher Park 2.58 24. Rosita Park 8.68 9. Bomo Koral Park 10.40 17. Heritage Park 6.44 25. Sandpointe Park 7.73 10. Cabrillo Park 7.60 18. Lillie King Park 10.40 26. Santa Anita Park 5.05 11. Cabrillo Tennis Center 3.61 19. Mabury Park 5.46 27. Windsor Park 10.81 12. Cesar Chavez Campesino Park 6.48 20. Madison Park 6.04 -- 13. Delhi Park PARKS 28. 17th Street Triangle 9.94 11. 0.70 21. Morrison Park 34. Garfield Fitness Park 5.12SMALL 0.10 - 40. Raitt and Myrtle 1.09 29. Chepa's Park 0.41 35. Maple Occidental Exercise Park 0.96 41. Saddleback View Park 0.92 30. Colonel William W. Eldridge Park 1.20 36. Mariposa Park 0.43 42. Sarah May Downie Herb Garden 0.13 31. Fairview Triangle 0.74 37. McFadden Triangle Park 0.77 43. Segerstrom Triangle Park 1.33 32. French Park 0.21 38. Memory Lane Park 0.56 44. Standard and McFadden Park 9.660.76 33. Friendship Park SPECIALTY PARKS 46. Civic Center Plaza 0.10 24.78 4.89 39. Pacific Electric Park 48. Santa Ana Zoo at Prentice Park 1.41 18.75 45. Willard Intermediate Playlot -- 0.12 47. Plaza Calle Cuatro •• JOINT -USE- 50. Garfield Community Center 0.20 0.39 49. Sasscer Park 53. Madison Elementary School 0.94 0.03 56. Willard Intermediate School 4.85 51. Godinez Fundamental High School 18.58 54. Monte Vista Elementary School 2.40 - 52. James Monroe Elementary School OTHER OPEN SPACE 57. River View Golf Course 2.91 282.77 81.78 55. Roosevelt Community Center Park 59. Fairhaven Memorial Cemetery 2.62 .83 -- 61. St. John's Lutheran Cemetery 4.23 58. Willowick Golf Course 102.11 60. Santa Ana Cemetery ;27.82 -- City Bikeways/Trails -15.74 miles I Santa Ana River Trail - 3.70 miles I -- Notes: The numbering corresponds to the labels on Figure OS-1, Open Space Resources. The list of parks and acreage figures are accurate as of ""l'"November 2023. All figures are subject to rounding. . 'ty Council �i �� .�..• CITY OF SANTA ANA GENERAL PLAN i. . 11 /21 /2023 ABOUT THE MAP. This map shows the walking distance from publicly accessible parks. This map can help identify neighborhoods that may be underserved or have limited access to parks and recreation facilities. The City seeks to ensure an equitable distribution of access to these facilities for all Santa Ana residents. FIGURE WALKIN NI�TO PARK FACILITIES 38 —PY OF SANTA ANA GENER VAQ ji eo IT:r Safety Element Nolden city anta Ana General Plan ��''`► FINAL APRIL 2022 w raw 1.r J:... �q 04` i i City Council 38 — 84 11/21 t2023 � .� SAFETY The purpose of the Safety Element is to eliminate and minimize risks associated with natural and human -generated hazards such as floods, earthquakes, and hazardous materials. By assessing and preparing for levels of risk, the city can endure the range of safety hazards and adapt to changes over time. This element works in tandem with other elements of the General Plan, such as the Public Services Element, which has goals and policies related to police, fire, and health services; emergency planning; and resiliency. The Local Hazard Mitigation Plan (LHMP) for the City of Santa Ana planning area was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA's 2011 Local Hazard Mitigation Plan guidance. The LHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities. 1 he most recent LHMP for the City of Santa Ana can be found at the following link: https://www.santa-ana.org/hazard-mitigation-plan/. City Council 38 — 85 11/21/20 Land Use Element golden city Santa Ana General Plan beyond FINAL, APRIL 2022 n se,•.." varox .ox susrn urn S 1 �:��_r_ _ • .'� _ ia� F�r: —nil. - . `� -. IF ABOUT THE MAP. Figure LU-1 shows the fundamental pattern of land use by displaying the pattern and distribution of land use designations across the entire city, down to the parcel level. FIGURE LU-1 LAND USE MAP ���•�Y&RLRC41ANTA ANA GENERAL PLAN 38 — s7 11/21/2023 10 . .. ABOUT THE MAP. Figure LU-4 combined with Table LU-3 describe the general plan standards for development intensity and density and show where they apply. FIGURE LU-4 DENSITY AND INTENSITY MAP �Wil•ltyg-R1 'ANTA ANA GENERAL PLAN 38 — 88 11/21/2023 10 . .. CAWN ban Design EleME Now - per 11/21/2023 ABOUT THE MAP. Figure UD-2 shows the location and types of the key urban design components that organize the visual form of the city, including activity nodes / urban hubs, focus intersections, major landmarks, and gateways. These components are presented relative to major travelways, including streets, the future alignment of the OC streetcar/stations, passenger rail, and current/potential bus rapid transit lines. FIGURE UD-2 URBAN DESIGN ELEMENTS �3wil•fy%%AANTA A N A GENERAL PLAN 38 - 90 11/21/2023 10 . .. City Council 38 — 91 11/21/2023 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-01 REZONING THE PROPERTIES LOCATED 1113, 1117, 1121, AND 1125 SOUTH STANDARD AVENUE AND RECOGNIZED AS ASSESSOR PARCEL NUMBERS 011-251-17, 011-251-18, 011-251-19, 011-251-20, 011-251-38 AND 011-251-39 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 as follows: A. The City of Santa Ana (City") is requesting approval of Amendment Application (AA) No. 2023-01 to amend the zoning district designation of the properties located at 1113, 1117, 1121, and 1125 South Standard Avenue and recognized as Assessor Parcel Numbers (APNs) 011-251-17, 011-251- 18, 011-251-19, 011-251-20, 011-251-38 and 011-251-39 (collectively known as 1117 South Standard Avenue) from Multiple -Family Residence (R-3) to Open Space Land (0) for consistency with the General Plan land use designation of Open Space (OS). B. In 2017, the subject property was deeded to the City for the purpose of developing a public park. C. In 2019, the City submitted a grant application for the Statewide Park Development and Community Revitalization Program and was awarded $3,600,000 for the construction of the subject park. In 2021, the City entered into an agreement with David Evans and Associates, Inc. to provide design and construction support services for the subject park. D. On September 19, 2023, the City Council awarded a construction contract to Legion Contractors, Inc. in the amount of $3,366,625 for the construction and completion of the public park. E. The City of Santa Ana, in conjunction with this action, is also requesting approval of (1) Public Facilities Naming (PFN) No. 2023-01 to name the new park located at 1117 South Standard Avenue to "Gerardo Mouet Park; (2) Abandonment (PW) No. 2023-03 to abandon and redesign the southerly portion of an alley between Wakeham Avenue to the north and McFadden Avenue to the south; and (3) General Plan Amendment (GPA) No. 2023-01 to change the land use designation of portions of the park site from Low Density Residential (LR-7) to Open Space (OS). Ordinance No. NS-XXXX City Council 38 — 92 11 /21 TM70f 4 F. On October 23, 2023, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving AA No. 2023-01 which is consistent with the General Plan land use designation of the subject properties. G. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the goals and policies of the general plan. H. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on November 21, 2023. The City Council also adopts as findings all facts presented in the Request for Council Action dated November 21, 2023, accompanying this matter. J. For these reasons, and each of them, AA No. 2023-01 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC), thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The Amendment Application consists of amendments to the Zoning Map, as shown in Exhibit A, attached hereto and incorporated herein by reference. Section 3. In accordance with the California Environmental Quality Act (CEQA) and Section 15162 of the CEQA Guidelines, the project this is within the scope of the 2022 Santa Ana General Plan Environmental Impact Report (EIR) (SCH No. 2020029087). An environmental analysis has been conducted for this project which revealed that the previously prepared EIR adequately described the project's environmental setting, impacts, and mitigation measures related to each impact. There are no substantial changes proposed by these actions. There are no substantial changes with respect to circumstances under which the actions undertaken that will require major revisions to the EIR. There is no new information of substantial importance. All environmental impacts associated with these actions were considered and evaluated by the EIR approved and adopted. There is no new information of substantial importance. There are no new environmental impacts or mitigation measures needed. All applicable mitigation measures identified by the EIR will be applied to this project. Furthermore, these actions are categorically exempt from further review per Section 15304 (Class 4 — Minor Alterations of Land) of the CEQA Guidelines. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. As such, a Notice of Determination, Environmental Review No. 2020-78, will be filed for this project. Ordinance No. NS-XXXX City Council 38 — 93 11 /21 / of 4 Section 4. An amended Sectional District Map, showing the above described changes in use district designation, is hereby approved and attached hereto as Exhibit A, and incorporated by this reference as though fully set forth herein. Section 5. AA No. 2023-01 shall not enter into full force and effect until the current change in the site's Land Use Designation as requested by GPA No. 2023-01 is approved and in full force and effect. Section 6. The City Council of the City of Santa Ana after conducting the public hearing hereby approves AA No. 2023-01. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 23, 2023, the Request for Council Action dated November 21, 2023, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this day of , 2023. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Jose Montoya Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-XXXX City Council 38 — 94 11 /21 / of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2023 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXXX City Council 38 — 95 11 /21 / 3 of 4 0 y` 7-5-9 �P In 6 $DS y D84 m % SD84 I SD84 m SD84 w �SD84/M2 suua/mz l SD84 SD84 '�� SD84/M2 SD84/M2 ASTST 5 6E1ST ST mm E211allommmom f WALNUTST WALNUTST WALNUT ST M1 r�ml zml PINE ST PINE ST PINE ST PINE ST R3 M1 R2� IESTNUTAv E CHESTNUT AV I' �m R3 � R3 3 R2 � I R3 IMYRTLE R2 R1 R1 R1 R1 R1 MyRrR13T $ MYRTLE ST $D R2 R2 R1 R1 I R1 MUIR2-B R1 R1 R1 - CAMILE ST o CAM ST R1 $ CAMILE ST R1 D40 R2 R1 WARREN; L1 R1 R1 R1 - `LLJ_J�U � R1 1 SHOP ST BISHOP ST m�m BISHOP ST FTI3M v, LJ_J_LJ1JJ_J�LJ Rt $D a R1HUNTER AV iLANDST � rRI Rt R1 UQ GRANT ST g $ U S a R1 GRANTST Q GRANTS iD U) to T_ a WAKEHAMAV ILAND ST WAKEHAMAV Z WAKEN [7R1 R1 rc w rc F 1 SM to o a iD Q R1 o R1 o R1 y y WIST® WISTERIA� Y i w R1 I R1 u CUBBONST �BEVERLV PL R1 R1 1 R1 NORMANDVPL C$M NORM ANDV PL R1 Rt R1 R2 'ADDEN AV HARWOOD PL IIBDNIDI�HARR1 PLR2Or R1 C1 E MCFADDEN AV SELLAV RUSSELL AV rRUSSELLOXFORDST OXFORD STR1 Q w 'GRIPFITH PL R1 rc R1 + GI 'WILSHIRE AV I WILSHIRE A' C$MIR2-BI I R2I R1 I I R1 I IRI IIRII:I R1-PRD I nR1 PRINT DATE: 03/05/20 ZONING DISTRICTS M7 7-5-9 �S a R2/OZ1 9 C2/OZ1 C2/OZ1 V N z � 1 C2/OZ1 SD89/O 1 O M1 M7 M7 Al GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. R2 TWO-FAMILY RESIDENCE -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE -FAMILY RESIDENCE -OZ OVERLAY ZONE C1-MD COMMUNITY COMMERCIAL - MUSEUMDIST. M1 LIGHTINDUSTRIAL R4 SUBURBAN APARTMENT PLANNED RESIDENTIAL PRD DEVELOPMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER O OPENSPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHT DISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR I COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE OZt I METRO EAST OVERLAY ZONE SECTIONAL DISTRICT MAP: 18-5-9 CITY OF SANTA ANA, CALIFORNIA Exhibit: A City Council 38 — 96 11/21/2023 City Council 38 — 97 11/21/2023 9/20/23, 9:52 AM R1 R1 R1 F7 h R1 Ri :at R1 h -Santa Ana Boundary Zoning Znnedesc General Agrioullural Community Commercial Community Commercial - Museum OSst"" ■ Gemera[Cammercial r ■ Planned Shopping Center r ■ Arterial Cummercial ■ Commercial Residential ■ South Main street Com merchal District Government center light Industrial ■ HE.WI.di ■ Open Spiace land Metm EastCverlay Zone Professional Single -Family Residence — Toro Faroly Reside nice. ■ MA Itiple Family Residence ti ■ Suburban Apartment �,i■ Residential -Estate ■ Speck Development No. I Specific Development No. 11 Specific Development No. 12 _., Speck Development No. 13 Specific Developme nt No AS �,■Sp ific DE.velopme nt No lC ■ Specific D-.i.pm Ent W. 17 ■ Specific Developm ent No. 18 Specific Develompent'A 19 . Sp fic Dev I p nt No. 2 Spc Dev I p nt No. 20 Sp if Dev I p nt No. 21 i� Specific Oevelopm a nt No. 25 ,■ Specific Development No- 26 . Specific Development No. 27 Specific Development No. 31 . Specific DevElopment Mo. 32 Sp F Dev 1 P _ tr1 34 Sp fc Dev I prosm No RS ". Specific Development WAG ,. SpeciFc Development WAG '. Speck Developm-e nt No. 39 . specific Devi P t N .4 �Sp fc Devlp ntN 40 ■ Sp fc Dev I p t N . 41 rill■ Speck Ds I p t No. 42 ■ Specirc DevElopm Ent W. 43 �. Specific Development No. 44 ■ Speck Developm a nt H. 4E i', ■ Specific Development No. 48 ■ Specific Development No. 49 �ZOning r ZOMECLASS R City Council 38 - 98 n DinifAl Mar�PYr)�i{Ipt p�l�3htc racarvari https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview.html I /LL II �JL R4 Standard & McFadden Park A 1117 S. Standard Ave �4 I R R1 R1 r.1 R1 s r 1 r1 l �I F; 'i R2 OK R1 R1 I I 'f R1 r `2 I � F r 'l ate. p� F1 c L R1 e l f R1 'I l e" ' 4 imi M1 "R1 — ! 0 Filf Pa11 f - � ail 11 Exhibit 5 - Vicinity Zoning & Aerial View W_: 375 feet N Im City Council 38 — 99 11/21/2023 Standard & McFadden Park 1117 S. Standard Ave Exhibit 6 — Site Photo City Council 38 — 100 11 /21 /2023 City Council 38 — 101 11/21/2023 fi° HIGH BLACK WALL ` ` �M..' DECOMPOSED GRANITE PATH - -- - B'DOUBt1WIDEPEDESTRIAN RECONSTRUCTED ALLEY SWING GATE !, r = a '_ [' �A o-` DRIVE WITH 4" PCC PAVING PARK REGULATION SIGNAGE -- - - - r 1 J } �. � Q A PLAY EQUIPMENT AREA EXERCISE AREA 1 °I n IU WIDE ROLLING GATE TABLE AND CHAIRS C f EXISTING POWER POLE (PROTECT W HIGH: GALVANIZED STEEL FENCING IN PLACE Y• J 7 TRASH RECEPTACLE ' DRINKING FOUNTAIN WOOD BRIDGE _ 1 I EXISTING WATER METER FOR � " DRINKING UNTAINZERVI - - _ BENCH SEATING EXISTING WATER METER FOR 1 i IRRIGATION SERVICE ' If - OPEN TURF PROPOSED LOCATION FOR IRRIGATION BACKFLOW r1 �- PREV-ENTER - r f '� - s t ` - - 40' WIDE ROLLING GATE DRINKING FOUNTAIN - Z BUS STOP _ BIKE RACKS �© r EXISTING POWER POLE (PROTECT IN PLACE) WOOD-B GE ` GOALPHER - COLLAPSIBLE SPORTS NET 1 14' HIGH POLE TOP FIXTURE z BASKETBALL COURT rll SKATE PARK _ _ , COMBO CMU WALL AND FENCING 6' HIGH SKATE PARK FENCING PRIMARY PARK SIGNAGE ` 1• 1 %1 J TV I � _ -- Ex STING CATCH BASIN - = a EC® ECF;— CONNECTION Td SITE -mki DRAIN LINE I1 x- McFADDEN AVENUE AVID City Council 33 — 1-0? 11 /21 /--D&SOCIAMM91. STANDARD and McFADDEN PARK q' lUNk:Wi City Council 38 — 103 11/21/2023 ORANGE COUNTY REPORTER --SINCE 1921- Mailing Address: 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description 1117 S Standard Ave To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): 10/11 /2023 The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. Publication $118.80 Total $118.80 Daily Journal Corporation Serving your legal advertising needs throughout California ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST -RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 272-4747 OR# 3747057 NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision - making process. We encourage you to contact us prior to the Public Hearing if you have any questions . Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group. Proiect Location: 1117 South Standard Avenue located within the Multi -Family Residential (R3) zoning district. Proiect Applicant: The City of Santa Ana Proposed Proiect: The City is requesting approval of General Plan Amendment (GPA) No. 2023-01, Amendment Application (AA) No. 2023-01, Abandonment (PW) No. 2023-03, and Public Facility Naming (PFN) No. 2023-01 to facilitate the construction and naming of a new public park at 1117 South Standard Avenue, northeast corner of Standard Avenue and McFadden Avenue. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15162 and 15304 of the CEQA guidelines. Meeting Details: This matter will be heard on Monday, October 23, 2023 at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www. Santa-ana.org/planning-and- bu ildi ng-meeti ng-partici pation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701, Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa- ana.primegov.com/public/portal. Who To Contact For Questions: Should YOU have any project questions, please contact Jerry Guevara, Senior Planner with the Planning Division by phone at (714) 647-5481 or by email at Jguevara@santa-ana.org. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. N6ucanlienIacbangti6ngVICt, xin di g n tho a i cho Tony Lai s 6 (714) 565-2627. 10/11/23 OR-3747057# a, CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group Project Location: 1117 South Standard Avenue located within the Multi -Family Residential (R3) zoning district. Project Applicant: The City of Santa Ana Proposed Project: The City is requesting approval of General Plan Amendment (GPA) No. 2023-01, Amendment Application (AA) No. 2023-01, Abandonment (PW) No. 2023-03, and Public Facility Naming (PFN) No. 2023-01 to facilitate the construction and naming of a new public park at 1117 South Standard Avenue, northeast corner of Standard Avenue and McFadden Avenue. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15183 and 15304 of the CEQA guidelines. Meeting Details: This matter will be heard on Monday, October 23, 2023 at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning-and-building- meeting-participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to P13AeComments(a)santa-ana.orq (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa-ana.primegov.com/public/portal. City Council 38 — 105 11/21/2023 Who To Contact For Questions: Should you have any project questions, please contact Jerry Guevara, Senior Planner with the Planning Division by phone at (714) 647-5481 or by email at JGuevara(a)-santa-ana.orq. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espalnol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. Neu can lien lac bang tieng Viet, An di6n thoai cho Tony Lai so (714) 565-2627. 1000' RADIUS NOTIFICATION MAP I I _ a • t I 1117, 1121, & 1125 South Standard Avenue 1,000 FT- Buffer Map City Council 38 — 106 11/21/2023