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Home My WebLink About FULL PACKET_2011-01-18MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 4, 2011 CLOSED SESSION CALLED TO ORDER CITY HALL, 8T" FLOOR, ROOM 831 20 CIVIC CENTER PLAZA SANTA ANA, CA 5:16 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None PUBLIC COMMENTS - None STAFF Present: DAVID N. REAM, City Manager MARIA D. HUIZAR, Clerk of the Council 1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Police Officer's Association Santa Ana Police Management Association Santa Ana Fire Management Association Santa Ana Management Association Santa Ana Service Employees International Union (SEIU) Full-Time Employees Santa Ana Service Employees International CITY COUNCIL MINUTES 1 JANUARY 4, 2011 1 0A-1 Union (SEIU) Part-time Civil Service Santa Ana Service Employees International Union (SEIU) Part-time Employees (less than 20 hours) Unrepresented Employees: All those unrepresented employees whose titles are identified as Executive Management (EM) Agency Negotiator: City Manager David Ream 1 B PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney CLOSED SESSION REPORT - See Item 19A ADJOURNED THE CLOSED SESSION MEETING AT 6:13 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 JANUARY 4, 2011 1 0A-2 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:17 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS STAFF Present: DAVID N. REAM, City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO ROGER ARAGON, POLICE CHAPLAIN EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Eric S. Demopoulos, Police Officer, Police Department Patricia A. Navarro, Police Officer, Police Department Gail M. Woods, Executive Assistant, City Manager's Office Kenneth Willard, Correctional Officer, Police Department * Osvaldo Rangel, Public Works Crew Leader, Public Works Agency PROCLAMATION presented by MAYOR PULIDO to Mike Macres in recognition of Macres Florist's 75th Anniversary. CITY COUNCIL MINUTES 3 JANUARY 4, 2011 1 0A-3 CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BUSTAMANTE to the Concert Committee of North Santa Ana Neighborhood (CCNSAN) - Jessica Carr, Diane Farley, Dave Hoen, Nancy Lutz, Debbie Muise, Tom Pataca, Dan Peters, Mel Steiner and Julie Stroud for organizing the Morrison Park Holiday events. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to the Nuno Brothers - Raul, Juan and Efrain for their annual Christmas Toy Give-away. CLOSED SESSION REPORT - See item 19A. 1. APPOINTMENT OF INTERIM CITY ATTORNEY MOTION: Appoint Joseph Straka as Interim City Attorney. MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PUBLIC COMMENTS • Claudio Gallegos, spoke in opposition to the proposed appointment of Sean Mill to the Planning Commission, read comments into the record. • Mike Tardiff, opposed to appointment of Sean Mill to the Planning Commission. • Jeff Hall, co-owner of Chapter 1 restaurant, spoke in support of Downtown, Inc., representation of the businesses, and potential of downtown lured him to open his second business in the City. • Andy Verostek, has noticed changes in the downtown; supports Downtown Inc. and measures taken to maintain area safe and clean. • Joey Mendes, owner and operator of Proof Bar, urged Council to continue to keep downtown clean and safe, opined that Downtown Inc. has unified businesses. • Bob Stewart, President of Downtown Inc., noted that recent "Day of the Dead" event in downtown was great success; look forward to expanding this and other events; clean and safe a priority and almost half of Downtown Inc.'s budget. • Jay Meehan, debate of Downtown Inc. not new, had eminent domain issue 30 years ago which resulted in muffler shop remaining; urged community to get involved; and thanked Council and staff for support of area. CITY COUNCIL MINUTES 4 JANUARY 4, 2011 1 0A-4 • Sean Mill, clarified that he does not have any financial interest or received monetary contribution from anyone in the City that would preclude him from serving on the Planning Commission; misinformation posted on the internet has been corrected. • George Mendoza, owner of Crazy Barbershop, noted cleanliness and security of downtown, important to continue to attract businesses to the downtown area. • Ellen Koldewey, requested periodic review of the City's Code of Ethics and Conduct and suggested formation of Committee to review Code. Also, asked Council to defer appointment of board/commission members to allow for open nomination period. (Councilmember Sarmiento requested that the Task Force convene to discuss Code of Ethics and Conduct.) • Ryan Chase, noted improvements in downtown over the past five years; change in shoppers have caused shift in vision to keep area competitive, relevant and progressive. • Dave Leon, co-owner of Yost Theater, supports Downtown Inc. and endeavors to keep downtown safe and clean. • Dennis Lluy, co-owner of Yost Theater, supports Downtown Inc. and marketing initiatives. • Alfonso Calderon, representing Taqueria Guadalajara, supports vision of Downtown Inc. • Irv Chase, read into the record written comments (entered into the record and attached hereto); support Downtown Inc. • David Hastie, owner of Memphis restaurant, spoke in support of PBID, services provided with funds to keep area safe and clean. • Jose Romo, supports PBID and efforts to improve marketing and promotion of events; organization offers workshops on various topics that help businesses. • Roy Alvarado, wished all a Happy New Year; asked for City vision. • James Kendrick, opined that vision is to have downtown Santa Ana be a destination point for people from all over the country. • Nathan Hittle, opined that Downtown Inc. has improved safety and cleanliness of area, offer trolley, palm tree lighting during holidays, attracted new businesses, and have close working relationships with the police department. • Kiy Samson, representing Starbucks, spoke on need for security after-hours and indicated that Downtown Inc. has been instrumental in giving such businesses a voice. Council members unanimously expressed support of the Downtown Inc. and asked Interim City Attorney to review legality of petition recently received requesting the disestablishment of PBID/CMFD. CONSENT CALENDAR MOTION: Approve Consent Calendar Items 10A through 39C with the following modifications: • Mayor Pro Tern Alvarez voted "No" on Item 19C; • Councilmember Sarmiento pulled Item 25J for separate discussion; CITY COUNCIL MINUTES 5 JANUARY 4, 2011 1 0A-5 • Councilmember Martinez pulled Item 25G for separate discussion; and • Councilmembers Bustamante and Benavides voted "No" on Item 13131 (appointment of Sean Mill). MOTION: Alvarez VOTE: AYES: NOES: SECOND: Martinez Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) None (0) ABSTAIN: None (0) ABSENT: None (0) MINUTES 10A 10B 10C ADMINISTRATIVE MATTERS SPECIAL MEETING MINUTES OF DECEMBER 14, 2010 - Clerk of the Council Office MOTION: Approve Minutes. SPECIAL CLOSED SESSION MEETING MINUTES OF DECEMBER 15, 2010 - Clerk of the Council Office MOTION: Approve Minutes. REGULAR MEETING MINUTES OF DECEMBER 20, 2010 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A COUNCIL RE-APPOINTMENT TO THE ORANGE COUNTY WATER DISTRICT - City Manager's Office MOTION: Reappoint Mayor Pro Tern Claudia Alvarez as the City of Santa Ana Representative to the Orange County Water District. CITY COUNCIL MINUTES 6 JANUARY 4, 2011 1 0A-6 13B NOMINATED BY COUNC LMEMBER TINAJERO AS THE WARD 6 REPRESENTATIVES FOR A FULL TERM EXPIRING DECEMBER 9, 2014 - Clerk of the Council MOTION: Appoint*. Residing Name Board/Commission Ward 1. Sean Mill (Replace Walters)* Planning Commission 6 2. Michael Walters (Replace Plascencia) Community Redevelopment and Housing Commission 3 *Councilmembers Benavides and Bustamante voted "No" on Item 136.1. 13C NOMINATED BY COUNCILMEMBER TINAJERO AS THE WARD 6 REPRESENTATIVES FOR A FULL TERM EXPIRING DECEMBER 9, 2014 - Clerk of the Council MOTION: Reappoint. Residing Name Board/Commission Ward 1. Jonathan Espinoza Youth Commission (Regular) 6 2. Joe Ramirez Personnel Board 5 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT MOTION: Appoint Joseph Straka as Interim City Attorney. *Vote taken prior to Public Comments and under Closed Session Report. 19B EXCUSED ABSENCES - None 19C DESTRUCTION OF OBSOLETE CITY RECORDS - City Manager's Office and Fire Department MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. *Mayor Pro Tern Alvarez voted "No" on Item 19C. CITY COUNCIL MINUTES 7 JANUARY 4, 2011 1 0A-7 19D REQUEST FOR PROPOSALS FOR STRUCTURAL PLAN CHECK SERVICES - 1001 NORTH BROADWAY - Planning and Building Agency MOTION: Receive and file. 19E REQUEST FOR PROPOSALS FOR ON-CALL SERVICES TO SUPPORT THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER PROGRAM - Public Works Agency MOTION: Authorize the Public Works Agency to send a Request for Proposals to qualified consulting firms to provide on-call services for support of the NPDES Stormwater Program. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A WORKFORCE INVESTMENT ACT CALIFORNIA NEW START GRANT - Community Development Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-115 - Recognizing $68,419 in Workforce Investment Act funds awarded to the Santa Ana WORK Center by the State of California Employment Development Department for a Prison-to- Employment Program. 20B 2010 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT - Police Department MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-114 - Recognizing the 2010 Recovery Act Edward Byrne Memorial Justice Assistance Grant in the amount of $166,778 into the revenue account and appropriate same into the 2010 Recovery Act Edward Byrne Memorial Justice Assistance Grant Expenditure account. 2. Authorize the City Manager, Chief of Police, and the Clerk of the Council to execute an agreement. CITY COUNCIL MINUTES 8 JANUARY 4, 2011 1 0A-8 AGMT NO. 2011-001 - With the County of Orange, Sheriff's Department to transfer the 2010 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program funds in the amount of $166,778. 20C DONATIONS TO POLICE DEPARTMENT TO PURCHASE REPLACEMENT CANINES - Police Department MOTION: 1. Authorize the acceptance of donations in the amount of $2,250 from various business groups and community members, to be used by the Police Department K-9 Unit to assist in the purchase of new Police Dogs. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-113 - Recognizing the donation in the amount of $2,250 into the Police Special Revenue Fund, Gifts and Donations revenue account and appropriate same into the Police Department K-9 Program expenditure account. 20D TARGET STORES DONATION TO HELP IN OUTFITTING A FORENSICS RESPONSE VEHICLE - Police Department MOTION: 1. Authorize the acceptance of a donation in the amount of $1,000 from the Target Stores, to be used by the Police Department Crime lab to assist in the outfitting of a Forensics Response vehicle. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011-113 - Recognizing the donation in the amount of $1,000 into the Police Special Revenue Fund, Gifts and Donations revenue account and appropriate same into the Police Special Revenue Fund, Operating Materials and Supplies expenditure account. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22H) CITY COUNCIL MINUTES 9 JANUARY 4, 2011 1 0A-9 22A SPEC. NO. 10-053 - CELLULAR PHONES, ACCESSORIES, AND AIRTIME SERVICE - Award contracts for a three-year period in an annual aggregate amount not to exceed $315,000 with Sprint Nextel and Verizon - Finance & Management Services 22B SPEC. NO. 09-009 - AUTOMOTIVE PARTS - Renew the contract with Orange County Auto Parts for a one-year period in an annual amount not to exceed $50,000 - Finance & Management Services 22C SPEC. NO. 06-064 - ELECTRICAL SERVICES - Renew the contract with Williams & Maher, Inc. in an annual amount not to exceed $150,000 - Finance & Management Services 22D SPEC. NO. 08-074 - LEASED/RENTAL VEHICLES - Renew a contract with Enterprise Fleet Services for a two-year period in the annual amount not to exceed $150,000 (Police Department) - Finance & Management Services 22E SPEC. NO. 10-055 - SANTA ANA ZOO SIGNAGE - Award a contract to iZone in the amount not to exceed $28,000 (Parks, Recreation & Community Services Agency) - Finance & Management Services 22F SPEC. NO. 10-052 - OFFICE SUPPLIES - Award a contract to Office Depot for a one-year period, with provision for four one-year renewals, in an annual amount not to exceed $250,000 - Finance & Management Services 22G SPEC. NO. 10-048 - ANNUAL SIDEWALK MAINTENANCE - Award a contract to Central Coast Surface Grinding, Inc. in an annual amount not to exceed $150,000 (Public Works Agency) - Finance & Management Services 22H SPEC. NO. 10-054 - FIREFIGHTER TURNOUT COATS & PANTS - Award a contract to Fisher Scientific Company LLC for a two-year period, under the Cooperative Purchase Provision of the City of Sacramento, for the purchase of firefighter turnout coats and pants in an annual amount not to exceed $23,375 and increase the aggregate limit for miscellaneous equipment and supplies in an amount not to exceed $25,000 annually (Fire Department) - Finance & Management Services CITY COUNCIL MINUTES 10 JANUARY 4, 2011 1 0A-10 PROJECTS/CHANGE ORDERS 23A CONTRACT AWARD FOR FIRST STREET REHABILITATION BETWEEN GRAND AVENUE AND 1-5 (PROJECT NO. 116735) - Public Works Agency Continued from the December 20, 2010 City Council meeting per staff request. MOTION: 1. Relieve United Paving Company of their bid in the amount of $944,436.50. 2. Award a contract to Bannaoun Engineers Constructors Corporation, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1,005,870.50 for construction of First Street Rehabilitation between Grand Avenue and 1-5. 3. Approve a funding analysis with a total estimated construction cost of $1,257,079. AGREEMENTS MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non-substantive changes approved by the City Manager and City Attorney and/or actions as noted on the Request for Council Action report. (Item 25A through 25J) 25A AMENDMENTS TO HOMELESSNESS PREVENTION AND RAPID RE- HOUSING PROGRAM - Community Development Agency 1. Execute the following agreements: • AGMT NO. 2011-002 - With Mercy House in the amount of $108,000; • AGMT NO. 2011-003 - With Interval House in the amount of $108,000; • AGMT NO. 2011-004 - With Aids Services Foundation decreasing the grant in the amount of $73,000 for a total amount of $97,000; • AGMT NO. 2011-05 - With WISE Place decreasing the grant in the amount of $40,000 for a total amount of $105,000; • AGMT NO. 2011-006 - With Olive Crest decreasing the grant in the amount of $103,000 for a total amount of $365,444 CITY COUNCIL MINUTES 11 JANUARY 4, 2011 1 0A-11 2. Authorize the City Manager to execute future amendments to the scope of services, change in funding amount, or milestone dates with Homelessness Prevention and Rapid Re-Housing (HPRP) sub- recipients. 25B AGMT NOS. 2011-007 & 2011-008 - ENTREPRENEURIAL TRAINING PROVIDERS FUNDED THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) - Execute amendments with Goodwill Industries of Orange County and Delhi Center - Community Development Agency 25C AGMT NO. 2011-009 - DATA CENTER MAINTENANCE & SUPPORT SERVICES - Execute an amendment with Systems Maintenance Services, to exercise an option for the second one-year extension in an amount not to exceed $150,000 per year - Finance & Management Services 25D AGMT NO. 2011-010 - VOLUME LICENSING FOR MICROSOFT SOFTWARE AND PRODUCTS - Execute an amendment to the Enterprise Licensing Agreement with CompuCom, Inc., to extend the term for an additional three-year period in an annual amount of $432,000 - Finance & Management Services 25E AGMT NOS. 2011-011 & 2001-012 - POWER SWEEPING, STEAM CLEANING AND PRESSURE WASHING SERVICES AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER - Execute two (2) one-year maintenance service agreements with RueVac Property Services with three one-year extension options for each agreement - Public Works Agency 25F AGMT NO. 2011-013 - TAXI SERVICES AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER - Execute a two-year agreement with A White & Yellow Cab Inc. with three one-year extension options - Public Works Agency 25G ENGINEERING SERVICES FOR THE SANTA ANA BOULEVARD GRADE SEPARATION (PROJECT NO. 106727) - Public Works Agency Councilmember Martinez requested a continue to allow staff to find out if contractor will be using a local design team. Also, asked staff to review local vendor preference policy. MOTION: Continue to the January 18, 2011 Council Meeting. MOTION: Martinez SECOND: Alvarez CITY COUNCIL MINUTES 12 JANUARY 4, 2011 1 0A-12 VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25H PURCHASE AND SETTLEMENT AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT NO. 081700) - Public Works Agency - Execute agreements with the following: ¦ AGMT NO. 2011-014 - Jonathan & Delia Silva, for the purchase of the property located at 918 North Bristol Street in the amount of $792,000; ¦ AGMT NO. 2011-015 - Oro Corporation dba Silva & Silva Enterprises for acquisition settlement for the business at 918 North Bristol in the amount of $228,000; ¦ AGMT NO. 2011-016 - NCADD-OC (National Council on Alcoholism & Drug Dependence, Inc.) for acquisition settlement for the business located at 1631 North Bristol Street in the amount of $26,040 251 AGMT NO. 2011-017 - JANITORIAL MAINTENANCE SERVICES - Execute an amendment with Able Building Maintenance Company in an annual not to exceed amount of $356,237 - Police Department 25J GRAFFITI REMOVAL SERVICES - Public Works Agency Continued from the December 20, 2010 City Council meeting by a vote of 6- 0 (Sarmiento absent) Councilmember Sarmiento requested a continuance of current contract for 30 days and continue matter for 15 days. MOTION: Approve a 30 day extension of current contract and continue matter for 15 days (January 18, 2011 Council Meeting). MOTION: Sarmiento SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 13 JANUARY 4, 2011 1 0A-13 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) LAND USE MATTERS CONDITIONAL USE PERMITIVARIANCES 31A CONDITIONAL USE PERMIT NO. 2010-23 TO ALLOW A 60-FOOT HIGH WIRELESS FACILITY AT 620 WEST WARNER AVENUE - APPLICANT - TRILLIUM CONSULTING INC. - Planning and Building Agency Recommended action approved by the Planning Commission on December 13, 2010, by a vote of 6-0 (Turner absent). MOTION: Receive and file the staff report approving Conditional use Permit No. 2010-23 as conditioned. MISCELLANEOUS - LAND USE 39A DENSITY BONUS APPLICATION NO. 2010-02, TO ALLOW A FIVE-UNIT RESIDENTIAL DEVELOPMENT AT 2034 AND 2038 NORTH BUSH STREET - APPLICANT: ORANGE HOUSING DEVELOPMENT CORPORATION AND C & C DEVELOPMENT - Planning and Building Agency Recommended action approved by the Planning Commission on December 13, 2010 by a vote of 4-2-0 (Acosta and Walter opposed; Turner absent) MOTION: 1. Receive and file the staff report approving Density Bonus Application No. 2010-02. 2. AGMT NO. 2011-018 - Authorize the City Manager and Clerk of the Council to execute a Density Bonus agreement with Santa Ana WBBB, L.P., subject to non-substantive changes approved by the City Manager and City Attorney for the development of five affordable rental units. CITY COUNCIL MINUTES 14 JANUARY 4, 2011 1 0A-14 39B DENSITY BONUS APPLICATION NO. 2010-03 AND SITE PLAN REVIEW NO. 2010-02, TO ALLOW A FIVE-UNIT RESIDENTIAL DEVELOPMENT AT 217 AND 219 SOUTH BIRCH STREET - APPLICANT: ORANGE HOUSING DEVELOPMENT CORPORATION AND C & C DEVELOPMENT - Planning and Building Agency Recommended action approved by the Planning Commission on December 13, 2010 by a vote of 4-2-0 (Acosta and Walter opposed; Turner absent). MOTION: 1. Receive and file the staff report approving Density Bonus Application No. 2010-03 and Site Plan Review No. 2010-02 as conditioned. 2. AGMT NO. 2011-019 - Authorize the City Manager and Clerk of the Council to execute a Density Bonus agreement with Santa Ana WBBB, L.P., subject to non-substantive changes approved by the City Manager and the City Attorney for the development of an affordable for sale unit. 39C DENSITY BONUS APPLICATION NO. 2010-04 AND SITE PLAN REVIEW NO. 2010-03, TO ALLOW A FIVE-UNIT RESIDENTIAL DEVELOPMENT AT 435 AND 437 SOUTH BIRCH STREET - APPLICANT: ORANGE HOUSING DEVELOPMENT CORPORATION AND C & C DEVELOPMENT - Planning and Building Agency Recommended action approved by the Planning Commission on December 13, 2010 by a vote of 4-2-0 (Acosta and Walter opposed; Turner absent) MOTION: 1. Receive and file the staff report approving Density Bonus Application No. 2010-04 and Site Plan Review No. 2010-03 as conditioned. 2. AGMT NO. 2011-020 - Authorize the City Manager and Clerk of the Council to execute a Density Bonus agreement with Santa Ana WBBB, L.P., subject to non-substantive changes approved by the City Manager and the City Attorney for the development of an affordable for sale unit. **END OF CONSENT CALENDAR** CITY COUNCIL MINUTES 15 JANUARY 4, 2011 1 0A-15 BUSINESS CALENDAR RESOLUTIONS 55A AMENDMENT TO MANAGEMENT CLASSIFICATION AND COMPENSATION PLAN; AGREEMENT WITH SANTA ANA MANAGEMENT ASSOCIATION - Personnel Services Agency Councilmember Tinajero amended section 2 of the motion as noted below. Noted that proposed motion not intended to create a contractual obligation with EMT and does not create a "me-too clause" to any of the City's bargaining units. Mayor Pro Tem Alvarez and Councilmember Martinez voted "No" on item 2, but expressed continued support and appreciation of the Executive Management staff. MOTION: MOTION: Tinajero SECOND: Bustamante 1. Authorize the City Manager and Clerk of the Council to execute an agreement. AGMT NO. 2011-021 - With the Santa Ana Management Association (SAMA) regarding wages and other terms and conditions of employment. VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 2. Adopt a resolution as amended (provide parity with SAMA for 2011- 2012 related to 3% increase - no other increases, no cash out, and reduce medical retirement subsidy plan deposit from 1.75% to 1%). RESOLUTION NO. 2011-001 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 91-066 TO AMEND THE BASIC COMPENSATION PLAN FOR CERTAIN CLASSIFICATIONS OF EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT. VOTE: AYES: Benavides, Bustamante, Pulido, Sarmiento, Tinajero (5) CITY COUNCIL MINUTES 16 JANUARY 4, 2011 1 0A-16 NOES: Alvarez, Martinez (2) ABSTAIN: None (0) ABSENT: None (0) THE CITY COUNCIL RECESSED AT 8:50 P.M. TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING AND RECONVENED AT 8:50 P.M. WITH SAME MEMBERS PRESENT. COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A POLICY ON EXPENSES OVER $25K (Mayor Pro Tern Alvarez) Continued from the November 15, 2010 City Council Meeting by a vote of 7- 0; and continued from the December 6, 2010 Council Meeting at the request of Mayor Pro Tern Alvarez. Mayor Pro Tern Alvarez requested that the City Attorney's Office provide a list of contracts exceeding the $25,000 limit and include selection process used. Also, Community Development Agency to provide detailed information on open contract with Kayser-Marsten; Neighborhood Stabilization Program; loan agreements in excess of $25,000, process used for selection, name of selection committee, and criteria used. Mayor Pro Tern Alvarez asked for further continuance to review information and make any changes to the policy, if needed. THE CITY COUNCIL RECESSED AT 8:53 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED AT 8:53 P.M. WITH SAME MEMBERS PRESENT. COMMENTS 90A CITY MANAGER'S COMMENTS - None CITY COUNCIL MINUTES 17 JANUARY 4, 2011 1 0A-17 90B CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento: • Wished all a Happy New Year. Councilmember Bustamante: • Echoed Councilmember Sarmiento's comment. Councilmember Martinez: • Happy New Year to all; • Noted that Harbor Blvd. Specific Plan requires community input; • Volunteer opportunity at Santiago Park for a Mural Painting will be held on Saturday, January 15t"; and • Commented on Agenda Item 55A and said that executive managers critical to the organization, but an increase not appropriate at this time. Councilmember Tinajero: • Happy New Year; and • Indicated that Councilmember Martinez had been struck by a car while riding her bicycle; urged all to be careful. Councilmember Benavides: • Clarified for the record that he voted "No" only on item 138.1; • Share vision with Downtown Inc.; request staff identify funds in Redevelopment for comprehensive branding initiative for downtown and South Main Street Merchants; • Invited all to attend the monthly Artist Village open house on Saturday, January 8th at 7 p.m.; and • Wished all a Happy New Year. Mayor Pro Tern Alvarez: • Thanked all who donated toys and requested formal recognition to Northgate Market for their efforts in making program a success; and • Wished all a Happy New Year. Mayor Pulido: • Happy New Year; • Adjourned in memory of Steve Guttman, Deputy Building Official for the City of Santa Ana and read the following into the record: One of his employees said earlier today that if you asked Steve Gutmann how to spell "NO" that Steve would spell "WE WILL FIND A WAY." Steve was the recipient of numerous awards for distinguished service on behalf of the City of Santa Ana. In fact, he served on prestigious national committees that helped to create the latest building codes. The Gutmann Family legacy in Santa Ana spans two generations. Steve's father Leonard Gutmann also worked for the City in the 1970s and 1980s. He too was beloved in the City family. Shortly before his passing Steve told CITY COUNCIL MINUTES 18 JANUARY 4, 2011 1 0A-18 his wife that he wanted to keep fighting so that he could return to work. Upon hearing this story, our City Manager Dave Ream remarked that Steve's never-ending commitment to the City was "OLD SCHOOL." Steve leaves behind an adoring family, including his: wife, Gayle; son, Steven; daughter, Dayna; mother, Blanche; brother, Eric. The entire City family, and particularly the Planning & Building Agency, mourn today with the Gutmann Family and we adjourn this meeting in Steve's memory. ADJOURNED- 9:09 P.M. - The next meeting of the City Council is scheduled for Tuesday, January 18, 2011 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting in the Police Community Room, 60 Civic Center Plaza, Santa Ana, California. In Memory of Steven James Gutmann Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 19 JANUARY 4, 2011 1 0A-19 Entered into the record by Mayor Pulido. Statement read by Irv Chase during Public Comments. Honorable Mayor, Mayor Pro Tern and City Council Members: You-The City Council-have been approached by a small group of unhappy property owners who want to terminate Downtown's newly formed business improvement district. The reasons for their unhappiness vary. Some of these property owners cannot afford to pay the BID assessment, others are philosophically opposed to government taxation, some object to paying for services that they believe that the City government should provide, a number of them want Downtown's merchants to cater to only "poor Mexicans and not white people", some are angry because they are not BID decision-makers, while some even blame the BID for -their own failure to recognize change and some do not like how the assessment dollars are being spent. All have two things in common. All are short sighted and narcissistic. Worst, none have any idea what economic devastation will befall Downtown Santa Ana should our current efforts to diversify Downtown's customer fail. If, we fail in our efforts to broaden Downtown Santa Ana's customer, Downtown Santa Ana will suffer huge office and store vacancies, massive property devaluation, unemployment, unchecked vandalism and serious crime like so many other American downtowns. Never in Downtown Santa Ana's long history has a business improvement district been more important to Downtown economic health, in particular and the City's wellbeing, in general. Downtown's retail transition is so significant and fundamental that it must be managed. Downtown Incorporated is the entity that is guiding Downtown's property owners, business operators, merchants and residents in this transition. Without Downtown Incorporated's inspiration, coordination, clean and safe agenda, advertising, promotion, merchant educational programming and retail and business outreach all is lost! Many of us-property owners, business owners, merchants and residents-view Downtown Incorporated as the most essential entity in Downtown Santa Ana's continued transition into an eighteen hour-a-day shopping and entertainment venue. Downtown Incorporated's Executive Director and her staff are the most important elements in Downtown's transition. Without their efforts, Downtown's various property owners, businesses, restaurants and merchant's individual revitalization efforts would be uncoordinated and ineffective. In simple terms, Downtown Incorporated's staff is managing the process. ( 'I- _.t i CITY COUNCIL MINUTES 20 JANUARY 4, 2011 1 0A-20 I am a proud Downtown Incorporated Director, Please understand that my criticism of the organization is my own. Downtown Incorporated has taken some minor missteps in its short history, This is to be expected with a new organization but the mistakes that have been made by Downtown Incorporated pale in comparison to the harm that Downtown Incorporated's critics have caused. The false accusations, rumor mongering and out-and-out lies have done nothing to improvernoMDowntown's business climate while distracting those that are trying to make Downtown a better place. Some of these people are the same individuals who destroyed other Downtown improvement entities like DSABA. They are now at their evil work again. Are you going to allow them to dissolve the BID and destroy Downtown Incorporated? Downtown Incorporated's volunteer leaders have reached out to the unhappy petitioners to address their concerns. The petitioners have no interest in discussion. Their sole goal is the dissolution of the BID which would result in Downtown Incorporated's death. Downtown Incorporated death would halt whatever progress has been made to return Downtown Santa Ana to economic success. Downtown Santa Ana-Fourth Street nor Artist Village-cannot afford a Downtown without Downtown Incorporated services. Downtown Incorporated's leadership and the petitioners have agreed to disagree. The BID's future is, in your hands. y.G'w In my opinion and in the opinion of many other property owners, business operators, merchants and residents, the BID's property owner assessments used to fund Downtown Incorporated and it's services are necessary for Downtown and the City's long term economic health. No one likes to spend money unless it is necessary. In this case, it is absolutely necessary. You-The City Council-must decide whether or not you are in league with those individuals who have a long history of complaining, nay saying and destroying or those of us who have even a longer history of investment and participation in making Downtown a better place. The choice is yours. The choice is an easy one. Economic health or tcontinued slide into further financial ruin! ? ) U? I' You must deny the petitioners. You must stand in support of those of us who are investing their time and money in making Downtown Santa Ana a "... vibrant shopping, entertainment, business and cultural destination for all" and not those that have proven time and time again that they will use every opportunity to cause mischief and havoc to serve their own narcissistic personalities. The stakes have never been h4g4qer and your decision never more important! CITY COUNCIL MINUTES 21 JANUARY 4, 2011 1 OA-21 1 OA-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 18, 2011 TITLE: AGREEMENT FOR STRUCTURAL PLAN CHECK SERVICES AND APPROPRIATION ADJUSTMENT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on I" Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Nabih Youssef Associates, for structural plan check services in an amount not exceed $60,000, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Approve appropriation adjustments recognizing aggregate total amounts not to exceed $60,000 in the 2010-2011 FY revenue account for structural plan check (account no. 01116002-53600) and appropriating various amounts not to exceed $60,000 to the Planning and Building Agency 2010-2011 FY budget allocation in the account for contractual services (account no. 01116530- 62300). DISCUSSION In December 2010, the Planning and Building Agency received a plan check submittal by Caribou Industries to construct a 37-story office tower at 1001 North Broadway. This project was previously approved by the Planning Commission and City Council. Special structural engineering expertise is now required to conduct the plan check for this project. Staff sent out a Request for Proposal to three specialized structural engineering firms in 2007. After reviewing the proposals, Nabih Youssef Associates (NYA) was selected and a contract was subsequently executed. Given NYA's well regarded expertise, and its familiarity with the project, it is recommended that NYA be again awarded a contract to assist in the structural engineering review of this project. 20A-1 Agreement with Nabih Youssef Associates January 18, 2011 Page 2 FISCAL IMPACT This amount will be recognized in the revenue account for building plan check (account no. 01116002-53600) and a like amount appropriated to the Planning and Building Agency account for contractual services (account no. 01116530-62300), not to exceed a total amount of $60,000. APPROVED AS TO FUNDS AND ACCOUNTS: Ja . Trevino Francisco Gutierrez Executive Director Executive Director Planning and Building Agency Finance & Management Services Agency FH:rb rb\reports\Nabih Youssef Assoc-Plan Check Svs 01-18-10 Exhibit: 1. Agreement 20A-2 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this - day of , 2011 by and between NABIH YOUSSEF ASSOCIATES, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and "isting under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of municipal plan check services. 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 provide structural plan check services on request of the Executive Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and incorporated herein by this reference. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty- free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 20A-3 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $60,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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 fast written above and terminate upon the completion of the Scope of Services or depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attomey. 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. 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. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 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. b. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate. 20A-4 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 firrnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (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, d. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to fiunish 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. b. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief 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 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. 7. 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 20A-5 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 rightfill 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. 8. 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. 9. 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 telefacsimile 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 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building Agency Building Safety Division City of Santa Ana 20 Civic Center Plaza (M-19) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5897 and City Attorney City of Santa Ana 20 Civic Center Plaza (v1-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Nabih Youssef Associates Attn: Nabih Youssef 50 California Street, Suite 3150 20A-6 San Francisco, California 94111 telefacsimile (415) 392-9605 A party may change its address by giving notice in writing to the other party. 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 telefacsimile, 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. 10. 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 instillment that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate either 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. 11. 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. 12. 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. 20A-7 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement, 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 15. 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. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. // // // 20A-8 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 APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Ryan O. Hodge Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager NABIH YOUSSEF ASSOCIATES NABIH YOUSSEF Principal Tax ID# 20A-9 20A-10 EHIBIT A SCOPE OF SERVICES (Attached) 20A-11 20A-12 NABIH YOUSSEF A S S O C I A T E S STRUCTURAL ENGINEERS December 15, 2010 Fred Heidari Deputy Building Official City of Santa Ana Planning and Building Agency 20 Civic Center Drive, M-19 Santa Ana, CA. 92702 RE: One Broadway Plaza - City of Santa Ana Plan Check, (NYA # 07332.01) Structural Engineering Consulting Services Dear Mr. Heidad, NYA is pleased to provide this proposal to assist the City of Santa Ana Building. and Safety Division with a structural plan check of the proposed project at 1001-1005 North Broadway Street at "One Broadway Plaza". The proposed project consists of: One 37 story Office Tower with basement level - approx 692,150 SF. In the absence of additional information, our proposal is based on the following assumptions: 1. A complete 100% Construction Document package (not phased permitting) will be presented for our review. We are assuming that cladding, equipment anchorage, stairs, elevators, etc. will be deferred approval items not part of this review. 2. The building configurations, structural systems & framing for the subject building will be identical to the 2008 drawings that NYA reviewed & approved previously. 3. All building elements shall be redesigned as required to meet the CBC 2007 code requirements. Among others, we list below a few of the important code changes that may impact the subject building redesign: a. It should be verified by the design team & the architectural plan reviewer if the code change triggers any occupancy category changes especially with respect to the use of the two story atrium spaces at building entry or any other public assembly type uses (the Building Importance factor, I, could go up). b. The entire lateral force resisting system will need to redesigned & rechecked due to the code change. in particular, for the 37-story tower which utilizes a dual structural system - the R factors have been reduced in the new code. New/ different redundancy checks, irregularity checks, modeling requirements, P-Delta checks, etc. will need to be performed as part of the new lateral design. c. Design needs to be updated for new code load combinations; Design of discontinuous/ irregular elements for overstrength needs to Include resistance factors. d. All concrete anchorage related Items need to satisfy ACI 318-05 Appendix D requirements. e. All wind design related items will need to be redone per the new code requirements. Wind load requirements are more involved & higher per the new code - especially for roof elements & misc. parapets, canopies etc. f. Steel SMRF elements & corresponding column bases/ anchorages need to be designed per AISC 2005 Seismic Provisions. g. Foundations need to be redesigned corresponding to new code forces & requirements incorporating new findings on reduced punching shear capacity of unreinforced concrete deep sections, etc. Fees: 50 California Street, Suite 3150, Son Francisco. CA • Phone (415)397-5213 • Fox (415)392-9605 • W W W.NYASE.COM LOS ANGELES IRVINE SAN FRANCISCO 20A-13 NABIH YOUSSEF City of Santa Ana Plan Check-10733.01 A S S O C I A T E S Proposal for Structural Engineering Consulting Services December 15, 2010 STRUCTURAL ENGINEERS Page 2of a Our fee for the above-mentioned structural engineering services will be: TIME & MATERIAL: Not to exceed $50,626.00 (see attached hourly rates) + Customary Relmbursables Customary Reimbursable Expenses will have a 15% mark-up incurred in the performance of the work. I look forward to discussing this important project with you. Sincerely, Nabih Youssef, S.E. Principal Accepted: Deputy Building Official City of Santa Ana NY/dl cc: F.Heidari, N. Youssef, S. Navalpakkam, Accounting, File 10733.01 See attached for terms and conditions 50 California Street, Suite 3150, San Francisco. CA • Phone (415)397-5213 -Fox (415)392-9605 • WW W.NYASE.COM LOS ANGELES IRVINE SAN FRANCISCO 20A-14 NABIH YOUSSEF City of Santa Ana Plan Check-10733.01 ASSOCIATES Proposal for Structural Engineering Consulting Services December 15.2010 STRUCTURAL. ENGINEERS Page 3 of 4 TERMS AND CONDITIONS E,fjeedw 91112008 1. FEES FOR PROFESSIONAL SERVICES BY NYA EMPLOYF,ES - HOURLY Fees for services, including travel time, are based on the time expended on the project by professional, technical, and clerical personnel. The fee is computed by utilizing NYA's current fee schedule. 2. REIMBURSABLE EXPENSES Expenses other than salary costs that are directly attributable to our professional services are invoiced at our cost plus 150%. These expenses include such items as out-of-town travel expenses, long distance telephone charges, useof personal and recital cars, special fees and permits, premiums for additional or special insurance where required, computer expenses resulting from the use of outside vendors, etc. 3. RETAINERS Any retainer paid will be applied toward the last invoice for the project. 4. SERVICES BY OTHERS When considered necessary, other technical firms-or outside consultants may be used with your approval and the cost of such services, plus ten percent (10%), will be included in our invoice. Unless specifically agreed to in writing, NYA has retained no consultants for this project. 5. ACCESS TO SITE Unless otherwise stated, NYA will have access to the site for activities necessary for the performance of the services. 6. RISK ALLOCATIONS In recognition of the relative risks, rewards and benefits of the project to both the client and NYA, the risks have been allocated so that the client agrees that, to the fullest extent permitted by law, NYA's total liability to the client, for any and all injuries, claims, losses, expenses, attorney's fees and expert fees, damages or claim expenses arising out of this agreement, from any cause or causes, shall not exceed $50,000. Such causes include, but are not limited to, NYA's negligence, errors, omissions, strict liability, breach of contractor breach of warranty. Higher limits may be available at additional cost prior to commencement of services. 7, HOUSING INT)ENINIFICATION & R'AIVER Client acknowledges the risks to Consultant inherent in housing projects, the disparity between Consultant's fee and Consultant's potential liability for problems or alleged problems with such condominium projects, and the higher risk that there will be litigation brought by the housing owners or an association of said owmrs ("Owner Actions!). Accordingly, Client agrees, to the fullest extent permitted bylaw, to indemnify the Consultant, its officers, directors, employees (collectively, "Consultant) against all damages, liabilities or costs, including reasonable attorneys' fees and court costs ("Claims'), as a result of Owner Actions, except for those Claims arising from allegations of, or Consultant's sole negligence, and/or willful misconduct in the provision of Consultant's professional services. 8. PAWsIENTS TO ENGINEER Invoices will be submitted monthly for the prior month's services. Payment is due upon the invoice date and becomes delinquent thirty (30) days thereafter. In the event of non-payment, NYA may, without waiving any of the claims or rights against you, and without liability whatsoever to you, tenninate performance of the services. A late charge will be added to delinquent amounts at the rate of one-and-one- half percent (I-1/2%) for each thirty (30) days delinquency (provided the rate of such late charge shall not exceed the maximum allowable by the laws of the state in which our office submitting the invoice is located, and if so exceeding, the interest rate shall be die maximum amount allowable in that state). All attorney's fees and expert fees, NYA's time, and costs shall be recovered by the prevailing party should litigation be required to collect payment. 9. OTHER PROVISIONS It is understood that NYA will not provide design and construction review services relating to safety precautions, means, methods, techniques or sequences of any contractor or subcontractor on the project. Further, it is understood that NYA will not provide any supervisory services relating to the constriction ofthe project. Any opinion of construction cost offered by NYA represents the judgment of a design professional and is supplied for your general guidance, but NYA does not guarantee the accuracy of its opinion as compared to actual contractor bids or actual cost to the owner. 10. TERAMNATION This agreement may be terminated by either party by seven (7) days' written notice to the other in the event of a substantial failure of performance by the other party through no fault of the terminating party. If this agreement is terminated, NYA shall be paid for services performed to the termination notice date, including reimbursable expenses due. H. OWNERSHIP OFDOCU?INLENTS The drawings, calculations and specifications are instruments ofseMce and are, and shall remain, the property of NYA, whether the project for which they are made is executed or not. They are not to be used on other projects or extensions to this project except by agreement in writing and with appropriate compensation to NYA. 12. VENUE This agreement shall be interpreted and enforced in accordance with the laws of the State of California. The venue of any action brought to interpret or enforce any of the terms of this agreement or otherwise adjudicate the rights or liabilities of the parties hereto shall be in Los Angeles County, California. 50 California Street, Suite 3150, San Francisco, CA • Phone (415)397-5213 -Fox (415)392-9605 • WWW.NYASE.COM LOS ANGELES IRVINE SAN FRANCISCO 20A-15 NABIH YOUSSEF City of Santa Ana Pion Check-10733.01 A 5 S O C 1 A T E S Proposal for Structural Engineering Consulting Services J STRUCTURAL ENGINEERS Docember 15, 2010 Page 4 of 4 DIRECT HOURLYRATES Effective January 1, 2010 ENGINEERS HOURLYRATE Nabih Youssef as Princioal/President Cnmidtant el)cn Consultant $225 Project Manager/ Senior Vice President/ Vice-President $225 Senior Structural Analyst $225 Senior Project Engineer $180 Project Engineer $170 Senior Engineer $160 Senior Designer $140 Engineer/ Designer W), CADD DESIGiiNERS Senior CADD Manager / Senior B11vI Coordinator $150 Senior CADD Coordinator / BIM Coordinator $135 CADD Coordinator $125 LVF0RA1ATION TECHNOLOGY Director of Technology $150 A,DAIliVISTRATION Sr. Accountant/ Project Accountant/ Accountant $100 Human Resources - $100 Administrative Support $50 'Ibis information is CONFIDENTIAL PROPRIETARY INFORMATION of NYA. Please treat it as such. "* Subject to periodic update at Management's discretion. 50 California Street, Suite 3150, San Francisco. CA • Phone (415)397-5213 • Fax (415)392-9605 • WWW.NYASE.COM LOS ANGELES IRVINE SAN FRANCISCO 20A-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 18, 2011 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED CONTRACT AWARD FOR CHESTNUT ? As Recommended AVENUE REHABILITATION BETWEEN ? As Amended STANDARD AVENUE AND ELK LANE El Ordinance on 1S` Reading ? Ordinance on 2°d Reading (PROJECT NO. 116734) ? Implementing Resolution ? Set Public Hearing For_ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to Elite Bobcat Service, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $713,763 for construction of Chestnut Avenue from Standard Avenue to Elk Lane. 2. Approve a funding analysis with a total estimated construction cost of $856,500. DISCUSSION Chestnut Avenue from Standard Avenue to Elk Lane has been identified as a high priority on the City's Pavement Management System (Exhibit 1). The pavement is deteriorating due to weather, age and heavy usage. Some of the adjacent curbs, gutters, sidewalks and driveway approaches are also in various states of disrepair and require replacement. This project provides for construction of new street pavement and replacement of damaged concrete curbs, gutters, sidewalks, driveway approaches, and curb ramps. Once completed, these improvements will enhance the ride quality, surface drainage and visual appearance of the streets. The Notice Inviting Bids was advertised on December 3 and 6, 2010, and bids were opened on December 22, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana contractors receiving notices: 16 Contractors requesting bidding documents: 13 Bids received: 6 Bids received from Santa Ana contractors: 1 23A-1 Contract Award For Chestnut Avenue Rehabilitation January 18, 2011 Page 2 While the City made outreach efforts to Santa Ana contractors regarding the Notice Inviting Bids, only one of the 16 Santa Ana contractors submitted a bid as a prime contractor: Hardy and Harper. The other 15 Santa Ana contractors did not submit a bid either because they are either not capable of performing this type of work, unable to obtain insurance because the project is too large, or they work as a subcontractor to certain prime contractors. The bids received are as follows: NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. Elite Bobcat Service, Inc. Corona $713,763.00 2. Sully-Miller Contracting Company Brea $721,327.50 3. Hardy & Harper Santa Ana $722,000.00 4. R.J. Noble Company Orange $728,537.84 5. All American Asphalt Corona $747,747.00 6. Excel Paving Company Long Beach $788,983.00 A total of six bids were received and all were responsive. The lowest bid was submitted by Elite Bobcat Service for $713,763, which is below the Engineer's estimate of $740,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2010-133 will be filed for the project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $856,500 for the project (Exhibit 2). Funds are available in the Proposition 42 Fund (accounting unit 02817660-66220). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez I Francisco Gutierrez Executive Direc r Executive Director Public Works Agency Finance & Management Services Agency RG/ET Exhibit 1: Project Location Map 2: Funding Analysis 23A-2 w 0 JQ m Q Q 1Z N s N 0 w A? ® PROJECT AREA SANTA ANA A A MM A ` AGENDA DATE: puke CITY COUNCIL Y Y / LIANU,VtY ,9.2U„ ae vs Amcr EXHIBIT 1 TITLE= CHESTNUT AVENUE REHABILITATION BETWEEN STANDARD AVE. AND ELK N. (PROJECT NO. 116734) W > W Q J K Z Q O J W W 1A a 4 CHESINUI AVtNUt ?Q z a N 23A-4 FUNDING ANALYSIS PROJECT NO. 116734 CHESTNUT AVENUE REHABILITATION FROM STANDARD AVENUE TO ELK LANE Construction Contract $713,763 Contract Administration $18,874 Inspection and Testing $35,830 Survey Staking $16,657 Contingencies $71,376 TOTAL ESTIMATED CONSTRUCTION COSTS 856 500 Exhibit 2 23A-5 23A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 18, 2011 TITLE: APPROVED CONTRACT AWARD FOR SANTIAGO ? As Recommended STREET REHABILITATION BETWEEN ? As Amended 1st Reading SIXTH STREET AND SANTA ANA El Ordinance on El Ordinance on 2 n "d Reading BOULEVARD (PROJECT NO. 116737) ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $328,000 for construction of Santiago Street from Sixth Street to Santa Ana Boulevard, and authorize the City Manager to execute necessary change orders in an amount not to exceed the contract plus approved contingency. 2. Approve a funding analysis with a total estimated construction cost of $463,300. DISCUSSION Santiago Street from Sixth Street to Santa Ana Boulevard has been identified as a high priority by the City's Pavement Management System (Exhibit 1). The pavement is deteriorating due to weather, age, and heavy usage. Some of the adjacent curbs, gutters, driveway approaches, curb ramps, and sidewalks are also in various states of disrepair and require replacement. This project provides for construction of new street pavement, and replacement of damaged concrete curbs and gutters. Once completed, these improvements will enhance the ride quality, surface drainage, and appearance of the street. The Notice Inviting Bids was advertised on November 29 and December 1, 2010, and bids were opened on December 21, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana contractors receiving notices: 16 Contractors requesting bidding documents: 17 Bids received: 8 Bids received from Santa Ana contractors: 2 23B-1 Contract Award For Santiago Street Rehabilitation January 18, 2011 Page 2 While the City made outreach efforts to Santa Ana contractors regarding the Notice Inviting Bids, only two of the 16 Santa Ana contractors submitted a bid as a prime contractor: Hardy and Harper and FM & Sons, Inc. The other 14 Santa Ana contractors did not submit a bid either because they are either not capable of performing this type of work or they work as a subcontractor to certain prime contractors. The bids received are as follows: NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. All American Asphalt Corona $328,000.00 2. Excel Paving Company. Long Beach $361,976.00 3. Hardy & Harper Santa Ana $366,000.00 4. FM & Sons, Inc. Santa Ana $398,349.60 5. Bannaoun Engineers Chatsworth $404,310.00 6. Elite Bobcat Service, Inc. Corona $419,914.00 7. Terra Pave, Inc. Whittier $537,195.00 8. R.J. Noble Company Orange $529,305.00 A total of eight bids were received and all were responsive. The lowest bid was submitted by All American Asphalt for $328,000, which is below the Engineer's estimate of $400,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption ER No. 2010-145 was filed for this project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $463,300 for the project (Exhibit 2). Funds are available in the Proposition 1 B Fund (accounting unit 03017660-66220). APPROVED AS TO FUNDS AND ACCOUNTS: J?VY Raul Godinez II Executive Direct r Public Works Agency IL Q Francisco Gutierrez Executive Director Finance & Management Services Agency RG/ET Exhibit 1: Project Location Map 2: Funding Analysis 236_2 M GOP E PROJECT LIMITS EXHIBIT 1 SANTA ANA CITY CCUNC1L PWA AGENDA DATE JAN. 18. 20H PUBLIC NONKS AGENCY TITLE: SANTIAGO STREET REHABILITATION SIXTH STREET TO SANTA ANA BOULEVARD (PROJECT NO. 116737) I? i ),J 23B-3 `/ ! ACI M MMWr 23B-4 FUNDING ANALYSIS PROJECT NO. 116737 SANTIAGO STREET REHABILITATION FROM SIXTH STREET TO SANTA ANA BOULEVARD Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 2 $328,000 $13,120 $24,600 $11,480 $86,100 463 300 23B-5 23B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 18, 2011 TITLE: CONTRACT AWARD FOR 2010-2011 OMNIBUS CONCRETE IMPROVEMENTS (PROJECT NO. 116742) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Relieve Ruiz Engineering Company of their bid in the amount of $203,554.50. 2. Award a contract to Kormx, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $224,775 for construction of Omnibus Concrete Improvements. 3. Approve a funding analysis with a total estimated construction cost of $280,800. DISCUSSION This project will provide for replacement of damaged and deteriorated concrete sidewalk, curbs, gutters, cross gutters, wheelchair ramps, driveways approaches and concrete pavement at various locations throughout the City. The work will be performed on an as-needed basis. The Notice Inviting Bids was advertised on November 5 and 8, 2010, and bids were opened on November 30, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana contractors receiving notices: 6 Contractors requesting bidding documents: 16 Bids received: 8 Bids received from Santa Ana contractors: 1 While the City made outreach efforts to Santa Ana contractors regarding the Notice Inviting Bids, only one of the 6 Santa Ana contractors sMJ bid as a prime contractor: Hardy and Harper. Contract Award For Omnibus Concrete January 18, 2011 Page 2 The other 5 Santa Ana contractors did not submit a bid either because they are either not capable of performing this type of work or they work as a subcontractor to certain prime contractors. The bids received are as follows: NAME OF RESPONSIVE BIDDER 1. Kormx, Inc. 2. C.J. Construction Services, Inc. 3. Elite Bobcat Services, Inc. 4. Golden State Constructors 5. Nobest Inc. 6. J.D.C.Inc. 7. Hardy & Harper CITY BID AMOUNT Walnut Santa Fe Springs Corona Huntington Beach Garden Grove Rancho Cucamonga Santa Ana $224,775 $236,500 $272,125 $316,725 $319,000 $332,175 $334,625 A total of eight bids were received and all but one were responsive. Two days after the bid opening, Ruiz Engineering Company requested to be relieved of their bid, stating that they had made a clerical error in filling out the bid. After examining Ruiz Engineering Company's bid and other documents, staff has found sufficient grounds for the relief of their bid, and therefore recommends that Ruiz Engineering Company's request be granted. The lowest bid was submitted by Kormx, Inc. for $224,775, which is above the Engineer's estimate of $222,825. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2010-149 will be filed for the project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $280,800 for the project (Exhibit 1). Funds are available in the Measure M Street Construction Fund (accounting unit 03217660-66220) and various other funding as needed. APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Management Services Agency RG/ET Exhibit 1: Funding Analysis 23C-2 FUNDING ANALYSIS PROJECT NO. 116742 2010-2011 OMNIBUS CONCRETE IMPROVEMENTS Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 1 $224,775 $11,240 $17,900 $4,407 $22,478 280 800 23C-3 23C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 18, 2011 TITLE: CONTRACT AWARD FOR GOLDEN CIRCLE DRIVE REHABILITATION (PROJECT NO. 116747) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1St Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract to Hardy and Harper the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $298,000 for construction of Golden Circle Drive Rehabilitation from First Street to 650 feet north of Fourth Street, and authorize the City Manager to execute necessary change orders in an amount not to exceed the contract plus approved contingency. 2. Approve a Funding Analysis with a total estimated construction cost of $507,600. DISCUSSION The segment of Golden Circle Drive from First Street to north of Fourth Street has been identified as a high priority by the City's Pavement Management System (Exhibit 1). The pavement is deteriorating due to weather, age, and heavy usage. Some of the adjacent curbs and gutters are also in various states of disrepair and require replacement. This project provides for construction of new street pavement and replacement of damaged concrete curbs and gutters. Once completed, these improvements will enhance the ride quality, surface drainage, and appearance of the street. The Notice Inviting Bids was advertised on November 29 and December 1, 2010 and bids were opened on December 21, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 13 Contractors requesting bidding documents: 15 Bids received: 8 Bids received from Santa Ana Contractors: 2 23D-1 Contract Award For Golden Circle Drive January 18, 2011 Page 2 While the City made outreach efforts to Santa Ana contractors regarding the Notice Inviting Bids, only two of the 13 Santa Ana contractors submitted a bid as a prime contractor: Hardy and Harper and FM & Sons, Inc. The other 11 Santa Ana contractors did not submit a bid either because they are either not capable of performing this type of work, unable to obtain insurance because the project is too large, or they work as a subcontractor to certain prime contractors. The bids received are as follows. NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. Hardy & Harper Santa Ana $298,000.00 2. Excel Paving Company Long Beach $323,520.00 3. All American Asphalt Corona $331,331.00 4. R.J. Noble Company Orange $342,475.00 5. Bannaoun Engineers Chatsworth $360,230.00 6. FM & Sons, Inc. Santa Ana $378,657.40 7. Elite Bobcat Service, Inc. Corona $383,199.00 8. Silva Construction, Inc. Rancho Cucamonga $409,591.00 A total of eight bids were received and all were responsive. The lowest bid was submitted by Hardy and Harper for $298,000, which is below the Engineer's estimate of $425,640. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2010-144 was filed for this project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $507,600 for the project (Exhibit 2). Funds are available in the Proposition 1 B Fund (accounting unit 03017660-62200). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II ' Executive Director' Public Works Agency Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency RGMA Exhibit 1: Project Location Map 2: Funding Analysis 23D-2 i PROJECT LIMITS EXHIBIT 1 SANTA ANA P W A AGENDA MDA?'TE: JAN. 18. 2M PUBLIC ¦MS AGENCY GOLDEN CIRCLE DRIVE REHABILITATION (PROJECT NO. 116747) 23D-3 23D-4 FUNDING ANALYSIS PROJECT NO. 116747 GOLDEN CIRCLE DRIVE FROM FIRST STREET TO 650 FEET NORTH OF FOURTH STREET Construction Contract $298,000 Contract Administration $9,700 Inspection and Testing $20,000 Survey Staking $15,000 Contingencies $164,900 TOTAL ESTIMATED CONSTRUCTION COSTS 507 600 Exhibit 2 23D-5 23D-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 18, 2011 TITLE: AGREEMENT AMENDMENT WITH VIDEO ENGINEERING SERVICES FOR CABLE EQUIPMENT MAINTENANCE AND VIDEO PRODUCTION SERVICES ') A, 1. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1St Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with Video Engineering Services for video production and cable equipment services for one year in an annual amount not to exceed $49,915, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 4, 2010 Council approved a one-year agreement with Video Engineering Services for cable equipment maintenance and video production services. Video Engineering Services provides technical expertise for the purchase, installation and maintenance of City owned audio and video equipment in the City Council Chambers. Video Engineering Services provides production staff to televise City Council meetings occurring in the Council Chambers. In addition, Video Engineering Services assists the City Clerk and other users of the Council Chambers with audio recordings and lighting in the Council Chambers, and provides technical assistance on other audio/visual related projects. This agreement includes $15,015 for Base Engineering and Equipment Maintenance, $4,000 for the filming of the State of the City event, $17,700 for the taping of the first Council meeting of the month, and $13,200 for the taping of the second Council meeting of the month at a remote location. This agreement amendment exercises the second of four one-year options. The Parks, Recreation and Community Services Agency is satisfied with the quality of services provided by Video Engineering Services and recommends approval of this agreement. 25A-1 Agreement with Video Engineering Services January 18, 2011 Page 2 FISCAL IMPACT Funds for this agreement are available in the Recreation Administration, Contract Services - Professional account (no. 01113200 62300). APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mouet, Executive Director Parks, Recreation Services Agency d Community Francisco Gutierrez, Executive Director Finance and Management Services Agency 25A-2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on January 18, 2011, by and between Video Engineering Services ("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 that certain Agreement A-2009-008, dated January 5, 2009, (hereinafter "said Agreement") by which Consultant has provided video production and cable equipment maintenance services. B. Said Agreement was amended on January 4, 2010, to extend the term and provide compensation during the extended term. C. In accordance with the terms and conditions of said Agreement, the parties wish to renew the term for an additional one-year period and amend the scope of services and compensation to provide uninterrupted services at a reduced service level. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Consultant shall perform equipment scheduling and maintenance services as set forth in Exhibits A-1, B-1 and C-1, attached hereto and incorporated by reference." 2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit E-1, attached hereto and incorporated by reference. The total sum to be expended pursuant to this Agreement shall not exceed $49,915, annually, during the remaining term of said Agreement." 3. Section 3, TERM, shall be amended to renew the terms and conditions of said Agreement for an additional one-year period, from February 1, 2011 through January 31, 2012. The Parties may elect to renew the Agreement for up to two (2) successive one-year periods, by the execution of a written agreement. The parties may agree to renegotiate compensation prior to each annual renewal. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25A-3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager VIDEO ENGINEERING SERVICES THOMAS E. BYSTRY Owner 25A-4 EXHIBIT A-1 VIDEO ENGINEERING SERVICES (February 1, 2011 -January 31, 2012) BASE ENGINEER 1. Consultant shall confer with the Executive Director of Parks, Recreation and Community Services or assigned staff to evaluate needs and supervise maintenance activity of all city owned audio/video facilities. Includes City Hall, recreation centers, senior centers, Stadium, soccer fields, etc. 2. Review and make recommendation for the repair and /or replacement of said audio/video facilities. 3. Design layout of electrical circuitry for existing and /or acquired audio /video equipment 4. Ensure compliance with local, state, and federal safety codes and regulations. 5. Establish and maintain equipment log and data base to keep inventory and records of maintenance and to track equipment performance. 6. Help establish and enforce Agency wide policies for equipment use. Provide operation instruction for staff. 7. Conduct regular security checks on the City's production equipment. 8. Prepare preventative maintenance schedules and execute said maintenance on a routine basis. 9. Supervise annual asset inventories and tagging of new assets, as needed. 10. Coordinate equipment repair with outside agencies. 11. Coordinate acquisition of new production equipment. 12. Facilitate and supervise use of facilities or equipment by outside agencies, persons, other City employees or cable franchisee staff. 13. Facilitate completion of production services requested by City staff (including making dubs, editing and shooting videos, setting up equipment, delivering equipment, setting up operating facilities as needed.) 14. Provide updates to Executive Director and/or assigned staff on progress of equipment install, maintenance, building projects and anticipated completion dates. 15. Assist City Clerk and other staff on use of Council Chambers: video, audio, lighting, power point, elmo or other technical needs. COMPENSATION Annually $15,015 City will pay contractor $55 (fifty five) per hour. For an average of 10.5 hours every two weeks per week. The first and third Mondays of the month (Council Meetings) shall be two regularly assigned workdays for Contractor. 25A-5 25A-6 EXHIBIT B-I VIDEO ENGINEERING SERVICES State of the City Address Consultant shall produce the mayor's state of the city address, including • Hiring and supervising crew for camera operations, audio mixing, cable running, equipment load in and load out. • Directing the show for video. • Renting all needed video equipment and editing the finished video for playback. Flat fee - $4,000 Itemized invoicing for this item will occur once a year. Note: Creation of presentation video, if required, will be at additional cost, to be negotiated. 25A-7 25A-8 EXHIBIT C-1 VIDEO ENGINEERING SERVICES Council Meetings VIDEO ENGINEERING SERVICES (Thomas E. Bystry) will serve as Producer/Administrator for City of Santa Ana City Council meetings. Said services include hiring and supervision of video production staff. Consultant shall provide production services in live meeting coverage and playback for up to twenty-seven (27) meetings, including City Council meetings held the first and third Mondays of the month, Candidates Forum, Election coverage and swearing-in ceremonies bi- annually, and various additional meetings as selected by the Clerk of the Council and/or City Manager. Production services shall include all responsibility for graphics during the presentations, video roll-ins and all audio/visual needs. Additionally, Consultant shall provide technical assistance for city production crews and staff. Services shall include: 1) Serve as Video Producer for all council meetings and cable-casting events in council chambers. 2) Maintain open communications with city clerks' office for special needs or changes pertinent to the agenda for each council meeting. 3) Communicate and confirm with the cable administration office in Parks and Recreation regarding council meeting coverage and playback related to the city channel. Report of technical playback and council problems and remedies to the cable office. 4) Provide, hire and supervise all video production crew and staff which will include Director, Camera Robotics Operator, Audio Operator, Graphics Designer and Playback Operator. These positions may be consolidated into one person. 5) Schedule video production staff. Pre-arrange and notify crew of video productions and changes. 6) Provide maintenance of playback equipment located in City Hall and necessary for city council meeting. 7) Provide for office administration and payroll for video production crew and playback. 8) Provide and be responsible for all production staff training and hands-on use of equipment for video crews. 9) Direct communication with City Council members and Clerk of the Council. 10) Review any needs or concerns related to production request: includes powerpoint, overheads, video roll-ins and presentations, cueing system, proper use of microphones for Council. 11) Arrange for and design overall look and style of productions. 12) Arrange for input of council graphics prior to the meeting. Run a spell check. Arrange for graphics to state replays during the meeting, approximately every 30 minutes during program. Compensation for Video Engineering services shall not exceed $30,900 annually, as follows: $17,700 for first Monday meeting each Month. $13,200 for third Monday of the Month - if televised. This is flat rate amount regardless of duration of council meetings. Said fee includes all required crew and insurance required by City Hall. All invoices submitted shall be itemized. 25A-9 25A-10 EXHIBIT E-1 BUDGET SUMMARY FOR CONSULTANT AGREEMENT (CONTRACT) Between The City of Santa Ana and Video Engineering Services (Thomas E. Bystry). Annual budget for Exhibit A Annual budget for Exhibit B Annual budget for Exhibit C Annual budget for Exhibit C (Contingency) $15,015 Base Engineer $4,000 Produce State of The City Address $17,700 First council meeting of month $13,200 Second council meeting of the month - if televised. TOTAL ANNUAL AMOUNT APPROPRIATED FOR COMPLETE CONTRACT: $49,915 Consultant shall submit itemized monthly invoice detailing services provided and costs associated with those services. 25A-11 25A-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 4, 2011 TITLE: AGREEMENT WITH AECOM FOR ENGINEERING SERVICES FOR THE SANTA ANA BOULEVARD GRADE SEPARATION (PROJECT NO. 106727) 6AV CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on I" Reading ? Ordinance on 2ntl Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO /'/I-,2®/,/ FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with AECOM, subject to nonsubstantive changes approved by the City Manager and City Attorney for engineering and environmental services related to the Santa Ana Boulevard Grade Separation Project in an amount not to exceed $1,200,000. DISCUSSION Santa Ana Boulevard is a six-lane east-west principal arterial and carries in excess of 20,000 vehicles per day. Within the City, the OCTA Metrolink RR is a north-south, two-track railroad. At the Santa Ana Regional Transportation Center (SARTC) this railroad serves Metrolink, Amtrak, Union Pacific (UP), and Burlington Northern Santa Fe (BNSF), which connects freight and residents of central Orange County with the outlying areas of nearby regions, including Los Angeles, the Inland Empire, San Diego and beyond. Due to increasing demand for inter- and intracounty rail services resulting from growth in population and employment in the surrounding areas, a grade separation at Santa Ana Boulevard and the OCTA Metrolink RR is required to alleviate the current and potential traffic impacts and hazards posed by the existing at-grade rail crossing. City staff, in conjunction with OCTA, secured $1,500,000 for the preparation of a Project Study Report Equivalent (PSRE) and conceptual engineering plans for the Santa Ana Boulevard Grade Separation Project. The funding is a combination of Measure M Transit and Regional Surface Transportation Program (RSTP) funds. Since the RSTP funds are federal, the procurement of consultant services requires following the guidelines set forth in the Local Assistance Procedures Manual, a Caltrans publication. For consultant contracts in excess of $250,000, a pre-award audit is required for the highest rated firm to determine the Consultant's accounting, estimating, administrative systems, proposed costs, financial condition, and the proposed contract language. Staff released a Request for Proposals (RFP) for these engineering services. Qualified firms were contacted and six firms submitted proposals. Personnel from the Public Works Agency 25B-1 Agreement with AECOM for Engineering Services for the Santa Ana Boulevard Grade Separation (Project No. 106727) January 4, 2011 Page 2 evaluated the proposals. Each firm was rated according to its qualifications, experience, and capacity to perform the required work. The fee proposals for the top three firms were opened. The ratings for all six firms and fees for the top three firms are as follows: FIRM SCORE FEES AECOM 94 $1,199,208 Biggs Cardosa Associates, Inc. 85 $1,102,322 RBF Consulting 82 $1,011,351 JL Patterson & Associates, Inc. 76 Huitt Zollars 73 HDR 72 The highest ranking firm, AECOM, submitted two fees. The fee based on the scope in the RFP is $498,676. The alternate fee includes the RFP scope, a Project Report, and a complete environmental analysis for $1,090,386. By having a formal Project Report and certified Environmental Document, the project is better positioned for funding. Because of the experience of key personnel, client satisfaction, a competitive fee proposal, the additional services, their score, and the results of the pre-award audit, it is recommended that the firm of AECOM be retained to perform the required services in the not-to-exceed amount of $1,200,000, which includes a 10 percent contingency. ENVIRONMENTAL IMPACT In accordance with CEQA, the proposed request is not considered a project. Separate environmental documentation will be prepared for the grade separation project. FISCAL IMPACT Funds are available in the Measure M Street Construction Fund (account no. 03217660-66220, project no. 106727, project no. 106727) and the Select Street Construction Fund (accounting unit 05917660-66220, project no. 106727). APPROVED AS TO FUNDS AND ACCOUNTS: -Raul Go i z 11 Francisco Gutierrez i y Executive irector Executive Director Public Wor s Agency Finance & Management Services Agency RG/JG Exhibit: 1. Agreement 25B-2 AGREEMENT FOR PROVISION OF PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT, made and entered into this 18'' day of January, 2011 by and between AECOM, a California corporation (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of engineering to prepare a Project Study Report Equivalent and Conceptual Engineering Plans for the Santa Ana Boulevard Grade Separation Project. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. The project will be funded in part through funds administered by the Federal Highway Administration and Caltrans retains oversight over the project. D. 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 provide professional and technical engineering services necessary to investigate alignment alternatives, prepare a Project Study Report Equivalent (PSRE) for the Santa Ana Grade Separation Project, as set forth in City's Request for Proposal, attached hereto as Exhibit A, as further detailed in Consultant's Proposal dated April 6, 2010, attached hereto as Exhibit A-1 and revised Scope of Services and Fee Schedule submitted on December 20, 2010, attached hereto as Exhibit A-2. Exhibit A, A-1 and A-2 are incorporated by reference. a. Scope of Work. The PSRE shall include preliminary environmental studies either PEAR or PES as determined by the guidelines., cost estimates for construction and right-of-way, conceptual engineering plans, evaluation of alternative alignment impacts, including right-of-way and traffic detour routes during construction. The PSRE shall include 1) Project Management 2) research and data collection; 3) aerial mapping and field survey; 4) utility survey 5) design and alignment alternatives analysis and development of preferred alternative features and standards; 6) traffic analysis and traffic management plan ; 7) structural analysis; 8) hydraulics and hydrology study; 9) site constraints analysis; 10) conceptual engineering plans; 11) right-of-way requirements; and 12) preliminary cost estimates and project schedule ). Consultant shall also provide an environmental assessment including the preparation of necessary studies and reports, holding the required public hearings, and submittal of documentation to the necessary governing bodies. 1 25B-3 b. Time for Performance. Consultant shall perform and complete all services as may be requested pursuant to the Scope of Work in a timely and expeditious manner. Consultant shall perform such services in accordance with the schedules which Consultant and City may mutually agree as to any particular deliverable, study, job or analysis. In the event that Consultant determines that a proposed schedule for work as requested by the City is not possible or achievable, Consultant shall immediately notify the City's Representative, in writing and seek modifications. No extension of time shall be accepted unless it is evidenced in a writing executed by each Party's Representative. C. Progress Report. Consultant shall submit progress reports at least once a month. The report shall be sufficiently detailed for City's Project Manager to determine whether Consultant is performing to expectations and on schedule, to communicate interim findings, and to specifically address any difficulties or special problems encountered, so remedies can be developed. 2. REPRESENTATIVES a. For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be James Faber, or his designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. b. Consultant shall assign the appropriate key personnel to perform the services required by this Agreement, as set forth in the RFP and Consultant's Proposal. Consultant shall maintain the Project Manager identified in its Proposal, and approved by the City. 3. OWNERSHIP OF REPORTS AND DOCUMENTS Upon completion of all work under this Agreement, ownership and title to all reports, documents, tracings, plans, specifications, estimates and maps prepared or obtained under the terms of this Agreement shall be delivered to, and become the property of City. Basic survey notes and sketches, charts, computations, and other data prepared or obtained pursuant to this Agreement shall be made available upon request of the City without restriction or limitation on their use. Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process. 4. FINISHED AND PRELIMINARY DATA All of Consultant's finished technical data, including but not limited to illustrations, photographs, data including without limitation source code, binary code, all media, technical documentation and user documentation, photoprints and other graphic information required to be furnished under this Agreement, shall be City's property upon payment and shall be furnished with unlimited rights and, as such, shall be free from proprietary restriction except as elsewhere authorized in this Agreement. Consultant further agrees that it shall have no interest or claim to such finished, City-owned, technical data; furthermore, said data is subject to the provisions of the Freedom of Information Act, 5 USC 552. 5. COMPENSATION a. The method of payment for this contract will be based on actual cost method. The City will reimburse the Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by the Consultant in performance of the work. The Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved 2 25B-4 Consultant's Cost Proposal (Exhibit A-2), unless additional reimbursement is provided for by contract amendment. In no event, will the Consultant be reimbursed for overhead cost at a rate that exceeds the City's approved overhead rate set forth in the Cost Proposal. In the event that the City determines that a change to the work from that specified in the Cost Proposal and contract is required, the contract time and/or actual costs reimbursable by the City shall be adjusted by contract amendment to accommodate the changed work. The maximum total cost shall not exceed $1,200,000 unless authorized by contract amendment. b. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. c. When milestone cost estimates are included in the approved Cost Proposal, the Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract Manager before exceeding such cost estimate. d. Progress payment will be made monthly in arrears based on services provided and allowable incurred costs. If consultant fails to submit the required deliverables in accordance with the time schedule set forth in the Scope of Services, City shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions of Section 15, Termination. e. Payment will be made as promptly as City fiscal procedures will permit following receipt of itemized invoice in triplicate, evidencing work performed. The invoice shall be submitted no later than forty-five (45) calendar days after performance of the billed services. Invoices shall follow the format stipulated in the approved Cost Proposal, and shall reference this Agreement number and Project title. Final invoice must contain the final cost and all credits due to the City, including any equipment purchased. Final invoice shall be submitted not later than sixty (60) calendar days after completion of the work. Invoices shall be mailed to City's Project Manager at the following address: Jason Gabriel 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, CA 92702 f. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement. g. Salary increases will be reimbursable only if the new salary is within the salary range identified in the approved Cost Proposal and is approved by City's Project Manager. For personnel subject to prevailing wage rates, all salary increases which are the direct result of changes in the prevailing wage rates are reimbursable. h. All subcontracts in excess of $25,000 shall contain the above provisions. i. The parties mutually agree that this project will be funded through Federal funds, and that said funding is contingent on approval of the Project by the Federal Highway Administration (FHWA), and FHWA allocation of funds to the Project. Consultant shall not commence services until it receives a written Notice to Proceed (NTP) executed by the Executive Director of Public Works. Said NTP is contingent on 1) City's receipt of FHWA and California Department of Transportation (Caltrans) approval of the Project and appropriation of FHWA funds for completion of the Project. If the FHWA does not authorize funding for said Project, the City may terminate this Agreement, as set forth in Section 15, below. 3 25B-5 6. PERFORMANCE PERIOD a. This contract shall go into effect on January 4, 2011, contingent upon approval by the City, and the Consultant shall commence work after notification to proceed by the City's Contract manager. The contract shall end on January 1, 2013, unless extended by contract amendment. b. The Consultant is advised that any recommendation for contract award is not binding on the City until the contract is fully executed and approved by the City. 7. 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. 8. 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 which 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, $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 $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 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. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 4 25B-6 (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 in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 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 effect 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. 9. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief caused by the negligent acts, omissions or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on its behalf, arising out of the performance of this Agreement, except to the extent caused by the sole negligence, active negligence or intentional misconduct of the City or any other indemnified party. 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, asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the negligent acts or willful misconduct of the Consultant, its contractors, subcontractors, agents, employees or other persons acting on its behalf. City may make all reasonable decisions with respect to its representation in any legal proceeding. 10. CONFIDENTIALITY OF DATA a. If Consultant receives from the City financial, statistical, personal, technical, or other data and information which are designated confidential 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. b. Permission to disclose information on one occasion shall not authorize the Consultant to further disclose such information, or disseminate the same on any other occasion. c. Consultant shall not comment publicly to the press or any media regarding the Agreement or City's actions regarding the same, except to City staff, Consultant's own personnel involved in the performance of this Agreement, at a public hearing relating to the Agreement, or in response to questions posed by a Legislative committee. d. Consultant shall not issue any news release or public relations item of any nature whatsoever, regarding the work performed or to be performed pursuant to this Agreement, without City's prior review of the contents thereof and written approval. 5 25B-7 e. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section. 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. 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: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 facsimile 714- 647-6956 With courtesy copies to: and Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 facsimile 714- 647-5635 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 Consultant: AECOM Mr. James Faber 999 Town & Country Road Orange, California 92868 facsimile 714-567-2441 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 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 6 25B-8 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 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 nor 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. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION a. 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: (i) 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. However, any use of unfinished work product shall be at City's sole risk. (ii) Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. b. City may terminate this Agreement for Consultant's default if a federal or state proceeding for the relief of debtors is undertaken by or against Consultant, or if Consultant makes an assignment for the benefit of creditors, or if Consultant breaches any term(s) or violates any provision(s) of this Agreement and does not cure such breach or violation within ten (10) calendar days after written notice thereof by City. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default, including but not limited to re-procurement costs of the same or similar services defaulted by Consultant under this Agreement except that, Consultant shall not be liable for any costs exceeding the amount of total compensation payable under this Agreement to Consultant by the City, as identified in Exhibit A-2. 7 25B-9 16. AUDIT AND INSPECTION OF RECORDS Consultant shall provide City, the FHWA, Caltrans or other agents of the City, such access to Consultant's accounting books, records, payroll documents and facilities of the Consultant which are directly pertinent to this Agreement for the purposes of examining, auditing and inspecting all accounting books, records, work data, documents and activities related hereto. Consultant shall maintain such books, records, data and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during Consultant's performance hereunder and for a period of three (3) years from the date of final payment by City. Consultant shall permit any of the foregoing parties to reproduce documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary. 17. AUDIT REVIEW PROCEDURES a. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by the Executive Director of the Public Works Agency. b. Not later than 30 days after issuance of a final audit report, the Consultant may request a review of unresolved audit issues by the City's Chief Financial Officer. Such request shall be made in writing. C. The filing or review of an audit dispute will not excuse the Consultant from full and timely performance of this Agreement. 18. SUBCONTRACTING Consultant shall perform all work contemplated in its Proposal, and no work pursuant to this Agreement shall be subcontracted without the written authorization by City, except that work expressly identified in Consultant's Proposal. Any subcontract in excess of $25,000 shall contain all the provisions of this Agreement which are applicable to subcontractors. 19. FORCE MAJEURE Either party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of such cause is presented to the other party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the party not performing. 20. COST PRINCIPALS a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the allowability of cost individual items. 8 25B-10 b. Consultant agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. c. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulation System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. 21. PROGRAM FRAUD / FALSE OR FRAUDULENT STATEMENTS a. Consultant acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et sec . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Accordingly, by signing this Agreement, Consultant certifies the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to this Agreement or the FHWA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, Consultant further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Consultant to the extent the Federal Government deems appropriate. b. Consultant acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FHWA under the authority of 49 U.S.C. § 5307 et seq., the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307, et seq. on the Consultant, to the extent the Federal Government deems appropriate. c. Consultant agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FHWA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 22. SUSPENSION AND DEBARMENT Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that the Consultant has complied with Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certificate, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer or manager, is not currently under suspension, debarment, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it in a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to the City. 23. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. 9 25B-11 Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 24. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 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. 25. 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 26. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 10 25B-12 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 APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ II Executive Director Public Works Agency CITY OF SANTA ANA DAVID N. REAM City Manager AECOM PATRICK L. SOMERVILLE, PE Vice President Tax ID# II 25B-13 25B-14 EXHIBIT A REQUEST FOR PROPOSAL SANTA ANA GRADE SEPARATION 12 25B-15 25B-16 EXHIBIT A-I CONSULTANTSPROPOSAL APRIL 6, 2010 13 25B-17 25B-18 EXHIBIT A-2 REVISED SCOPE OF WORK FEESCHEDULE December 20, 2010 25419 Exhibit A-2 Santa Ana Boulevard Grade Separation Project Scope of Services for Completion of the Project Approval/Environmental Document Phase Description of Project The development and construction of this project is being undertaken by the City of Santa Ana (City), who will also be serving as the project's administrator for the preliminary studies, environmental documentation, design, right-of-way engineering, right-of-way acquisition, and construction. The selection of the preferred alignment for the Santa Ana Boulevard Grade Separation will require the approval of the City and SCRRA/OCTA. The selection of the locally preferred alternative, early in the project development process, is critical in maintaining the schedule for the project's completion. As stakeholders in the project, local community and business owner acceptance of the recommended alignment is a prerequisite for City approval and a successful project. The proposed project will construct a Grade Separation at the crossing of Santa Ana Boulevard, with the SCRRA/OCTA Metrolink line (Metrolink). Phase 1 of the Project is Preliminary Engineering, requiring an investigation as to the most cost-effective alternative for separating the grades, beginning with a simplified Project Study Report Equivalent (PSRE), and culminating in a Project Report Equivalent (PRE), a recommendation; and submitting a Notice of Exemption (Statutory Exemption) as a part of the California Environmental Quality Act (CEQA). Phase 1 concludes with the acquisition of right of way. Phase 2 of the Project development will require final design: plans, specifications and cost estimates for the construction of project; and relocation of utilities. We shall submit a CD to the City, which will include all surveying, environmental reports, technical studies, the PSRE, the PRE, the design files, both plans and specifications, and any supporting documents produced during the course of the project development. This scope of services is written for Phase 1 only. Description of Work General Description of Required Services Phase 1 - Preliminary Engineering, PSRE, and PRE AECOM shall provide professional and technical engineering services necessary to investigate alignment alternatives, prepare a PSRE, documenting potential solutions to the project's purpose and need; a PRE, recommending an alternative; and providing the necessary documentation to obtain environmental clearance. Work will include, but not necessarily be limited to, preliminary engineering, field surveys, obtaining SCRRA/OCTA design requirements, traffic studies, geometric layouts, preliminary right-of-way layouts, and order of magnitude cost estimates. AECOM shall assist the City in any public meetings, City Council presentations, and meetings with area business owners. The work in Phase I is more fully described later within this Scope of Services. Proposed Project The proposed project is to grade separate Santa Ana Boulevard at the Metrolink at-grade crossing. Highway Alignments The roadway width, and subsequent right of way width, will be determined based upon the City's General Plan for Santa Ana Boulevard, as reinforced by the projected traffic volumes generated by our traffic studies, as described later within this scope, and the number of lanes required for the year 2035 to provide a minimum Level of Service required by the City. The vertical alignment of the road will be designed to conform to sight distance and safety standards. Cily of Santa Ana 25B-20 Structural Improvements The proposed Santa Ana Boulevard Grade Separation, and the associated retaining walls shall be studied to determine the most cost effective and efficient structural type, and this will include both pre-cast concrete and steel through plate girder alternatives. The crossing will also be studied in terms of providing an aesthetic bridge structure. Applicable Standards The PSRE shall be prepared similar to CALTRANS' regulations, policies, procedures, manuals and standards. The following items a. through d. are not all-inclusive but are intended only to illustrate types of sources. a. The PSRE will be prepared similar to Caltrans' Project Development Procedures Manual Appendix L - Preparation Guidelines for Project Study Report. b. Roadway design shall be in general conformance with the current CALTRANS Highway Design Manual, Standard Plans and Specifications in English Units. c. Plans and estimates shall be prepared in general conformance with the current editions of the CALTRANS Plans, Specifications and Estimates Guide, Standard Plans and Standard Specification, and Basic Engineering Estimating System or as required by the City. d. This PSRE shall be performed in accordance with CALTRANS and AASHTO standards and practices. Any exceptions to applicable design standards shall be approved by the City via the process outlined in CALTRANS' Highway Design Manual and appropriate memorandums and design bulletins published by CALTRANS. The PRE shall be in accordance with CALTRANS' regulations, policies, procedures, manuals and standards. The following items a. through d. are not all-inclusive but are intended only to illustrate types of sources. a. The PRE will be prepared in accordance with Caltrans' Project Development Procedures Manual Appendix K - Preparation Guidelines for Project Report. b. Roadway design shall be in conformance with the current CALTRANS Highway Design Manual, Standard Plans and Specifications in United States Customary Units. c. Plans and estimates shall be prepared in conformance with the current editions of the CALTRANS Plans, Specifications and Estimates Guide, Standard Plans and Standard Specification, and Basic Engineering Estimating System, or as required by the City. d. This PRE shall be performed in accordance with CALTRANS and AASHTO standards and practices. Any exceptions to applicable design standards shall be approved by the City and Caltrans via the process outlined in the CALTRANS' Highway Design Manual and appropriate memorandum and design bulletins published by CALTRANS. Project Understanding We will obtain Project Approval and Environmental Clearance for the Santa Ana Boulevard Grade Separation Project, and this shall be done by preparing a PSRE, a PRE, a Statutory Exemption (SE), and Categorical Exclusion (CE). We will prepare and obtain approval from the City, the SCRRA/OCTA, Caltrans, and the Federal Highway Administration (FHWA). The PRE will examine roadway alternatives documented in the approved PSRE, based upon forecast traffic volumes, and existing topography, as well as alternatives for the crossing type, and shall recommend a preferred alternative, as well as the approval of the environmental document. We will establish relationships with all the stakeholders in the project to solicit input and develop consensus during the project development process. Input from all stakeholders will be solicited early in the process and will continue throughout project development to facilitate timely review and approval of the project. Cit_v ofSanta Ana 25B-21 A meeting with the City, Caltrans, the SCRRA/OCTA, and other stakeholders will be held before any significant work is started on the project. The purpose of this meeting will be to: 1. Review the PSRE and PRE Document development process. 2. Solicit input regarding the goals for the project desired by each agency. 3. Agree on the intended scope of the project. 4. Agree on the basic design standards to be met. The first step in the project development process will be to develop the conceptual alternatives for the project. Those elements to be considered will include: • Environmental Issues; • Traffic Requirements (Existing and Future); • Utility Impacts; • Existing Topography; • Horizontal and Vertical Geometric Requirements; • Crossing Type Selection; and • Project Costs. After completion of this initial step, the City will review the conceptual alternatives, the impacts and costs of each alternative within the PSRE and make a decision of which alternatives are feasible and should be carried to the next step in the project development process - preparation of the PRE. The PRE is the engineering document that provides the transition between the conceptual plans and the proposed project. At the pre-PSRE meeting, the engineering specifics of the design scope will be discussed. These will include the major features of work associated with the project, such as alternatives that substantially lessen or avoid environmental impacts, number of lanes (current and future), and most efficient crossing type. Additional items that need to be considered are roadway drainage systems, impacts to both existing and future utilities, and cost. Phase I -Preliminary Engineering, PSRE, and PRE Task 1.1 Project Coordination/Management/Public Outreach The AECOM will assist the City on this phase of the project with responsibility for the work effort within its team. This task includes project management and administration; meetings; quality control/quality assurance; agency, subconsultant railroad and utility coordination; project permit coordination; scheduling; budgeting; progress reporting, and invoicing. Progress meetings will be held at monthly intervals, or as needed between the City, SCRRA/OCTA, other stakeholders, and the Project Team. The purpose of these meetings will be to review project status to ensure the contract objectives and milestones are being achieved. It is also anticipated AECOM will lead one (more if needed) public meeting, and will be chairing two coordination meetings with the consultants working on other, adjacent projects. To supplement these meetings, the AECOM Team will maintain on-going communications with the City, SCRRA/OCTA, and other agencies as necessary. It is anticipated several meetings with these agencies will be required to gain project approval for the locally preferred alternative. A schedule will be developed, maintained and updated for tracking the project. Deliverables: Required Copies of Meeting Minutes Updated Project Schedule Public Meeting Exhibits Task 1.2 Research and Data Collection Existing reports, studies, proposed and "as-built" plans, mapping or other information will be obtained from the City, utility companies and other agencies as applicable and reviewed by the design team. Data to be obtained and reviewed includes: Ci!_v gjSanta Ana 25B-22 • Mapping and design information from the City for improvement projects; • Hazardous material/waste information; • Preliminary materials (geotechnical) information; • Traffic data (existing and forecasted traffic, level of service, capacity adequacy, operational analysis, accidents, etc.); and • Right-of-way and utility plans. Task 1.3 Topo/Base/Field Work/Design Surveys Control Surveys Horizontal and vertical corridor control will be established along the corridor to support the aerial photogrammetry, land net surveys, engineering surveys and future design and construction activities along the corridor. The survey control will be set in accordance with Caltrans survey standards and will be tied into the North American Datum of 1983 (NAD83 NSRS 2007) and the North American Vertical Datum of 1988 (NAVD88 Riverside County) or as specified by the client. Land Net Surveys and Mapping This task entails cadastral research within Caltrans District 12 and the County of Orange for existing centerline and right-of-way files and/or available cadastral records in support of the centerline and right-of-way of I-5, Santa Ana Boulevard, and Lincoln Street. Field surveys will be performed to locate the centerline. In addition, key monuments will be located in order to calculate the centerline of the corridor and adjacent intersecting routes. The right-of-way will be based upon record calculations only and will not be surveyed. A land net base map will be prepared at a scale comparable to the aerial mapping and will include said record centerlines and rights-of-way as well as underlying cadastral information, ownership information as recorded with the Riverside County assessor's office. All these data will be incorporated with the aerial mapping and delivered in a Microstation v8 format. Photogrammetric Mapping The aerial mapping will be prepared in conformance with Caltrans CAD mapping standards and photogrammetric specifications. Horizontal and vertical aerial control panels will be set to meet aerial triangulation requirements. The mapping will be prepared to 1" = 50' scale with 1-foot contours and will be delivered in a Microstation v8 format. Survey crews will field verify the aerial mapping to delineate planimetrics obstructed by tree coverage or shadows and to verify the contours and spot elevations generated from the aerial mapping. A color digital orthophoto with 3" pixel resolution will be prepared from the 50-scale imagery. The digital orthophoto will cover the same mapping limits described above. Task 1.4 Traffic Operations Analysis We will prepare a traffic operations analysis for the Santa Ana Boulevard grade separation project. The traffic operations analysis will examine existing and forecast future year conditions in the vicinity of the OCTA/SCRRA at- grade crossing with Santa Ana Boulevard. The future year conditions examined will be the project opening year and the project design year (20 years after opening, assumed to be 2035). Conditions examined will include the No Project Alternative and up to three build alternatives. 047 of Santa Ana 25B-23 The analysis will include examination of the following intersections: • Santa Ana Bld./1-5 On and Off-ramp. • Santa Ana Bld./Fuller St.. • Santa Ana Bld./Lincoln Ave. • Santa Ana Bld./Santiago Street. We will coordinate with City staff and the PDT to develop an appropriate methodology for forecasting year 2035 volumes at the study locations, relying on the SLAG RTP (regional) traffic model (or as the City requires) data to forecast year 2035 volumes. Specific tasks to be performed for the traffic operations analysis include the following: 1. Peak period traffic counts will be collected at up to three study intersections, for two (a.m. and p.m.) three-hour peak periods. The peak periods to be evaluated will be determined in conjunction with the PDT. 2. Future year traffic volumes for the locations identified for examination will be developed using growth rates calculated from the RTP model SED, as described above. 3. Future year traffic volumes will be developed for the four build alternatives described above. 4. Opening year traffic volumes will be developed using growth rates calculated from the RTP model SED for an intermediate year, to be determined by the PDT. 5. The resulting intersection levels of service will be calculated using Highway Capacity Manual (HCM) 2000 analysis methodologies. 6. Based on the future levels of service, intersection lane geometries will be identified to maintain minimum level of service standards. 7. Weaving operations will be analyzed for traffic movements on the westbound segment of Avenue P between the Avenue P Westbound Connector Road and Third Street for Alternatives 1 and 2 using Highway Capacity Manual (HCM) 2000 analysis methodologies 8. The results of the traffic operations analysis will be presented in a technical study. This study will document the level of service analysis methodologies employed, existing traffic conditions, forecast future (opening year and design year) traffic conditions for each alternative, and improvements needed to maintain satisfactory operations in each analysis year. 9. Our traffic subconsultant will attend up to eight meetings related to the proposed project. Engineering Studies of Various Feasible Plan Alternatives Roadway Task 1.5 Prepare Alternatives Concepts/Geometric Preferred Alternative Development Preliminary engineering will focus on the physical characteristics of the project area and the engineering features and standards required to develop the project. The alternatives we will develop will need to address cost effective ways to resolve access issues, for both vehicle traffic and rail traffic, to the local businesses. They will also address the potential expansion/changing needs of the SCRRA/OCTA. Deliverables: Preliminary Roadway Plans, Profile (1"=20' Scale), and Typical Sections CitY of sanla Ana 25B-24 Railroad Track Design Provide track design plans, draft shoofly layout plans, to include shoofly track geometry plans, mainline track geometry plans, shoofly typical sections, mainline typical sections, track grading plans, and special trackwork plans. Railroad Coordination We will coordinate with the SCRRA/OCTA regarding alternative grade separation study alternatives, including additional trackage, construction activity constraints due to train operations, both freight and passenger trains, clearances, modifications to and reconstruction of a temporary at-grade crossing to facilitate construction of the grade separation. Railroad Permitting We will be responsible for assisting the SCRRA/OCTA in obtaining the Agreement with the SCRRA/OCTA. This will be done by: • Coordinate with the SCRRA/OCTA during the development of the preliminary plan for the grade separation and solicit their input and separation requirements. • Request the SCRRA/OCTA to prepare the Construction and Maintenance Agreement. • Meet and confer with the SCRRA/OCTA regarding the terms and conditions of the Agreement. • Furnish plans and cost estimates to the SCRRA/OCTA for said agreement. • Coordinate with the Project Surveyor for the legal descriptions for the permanent bridge crossing of the SCRRA/OCTA right of way and the temporary construction easement. • Monitor and coordinate the development of the Agreement with the SCRRA/OCTA and the City. • Keep City updated with regards to the progress of the Agreement development. • Make recommendations to the City regarding the terms of project specific conditions addressed in the Agreement. • With City concurrence, negotiate with the SCRRA/OCTA the terms of project specific conditions. • Coordinate with and provide assistance to the City staff and City attorney regarding the terms of the agreement. • Coordinate the development and approval by the SCRRA/OCTA of shoofly plans. Shoofly plans prepared by AECOM. • Coordinate the development and approval by the SCRRA/OCTA of temporary at grade crossing for the shoofly. Deliverables: City/Railroad Construction and Maintenance Agreement City of Santa Ana 25B-25 Public Utilities Commission Commission's Order Authorizing Construction of the Grade Separation This work is not part of the Phase 1 Scope of Services, rather it shall be done during Phase 2. Commission's Order Authorizing Alteration of the Existing At-grade Crossing This work is not part of the Phase 1 Scope of Services, rather it shall be done during Phase 2. Task 1.6 Structural Analyses/APS Structures Development of the PSRE and PSR will require the preparation of a bridge Advance Planning Study (APS) for Santa Ana Boulevard Underpass. The purpose of the APS is to evaluate feasible structure types, understand City requirements, identify constraints, and develop associated cost estimate summary for the structure work involved. The APS General Plan (GP) clearly delineates all the structural elements identified in the PSRE and the PRE typically using the minimum detailing necessary and basic dimensions, which will help develop a reasonable cost estimate. As a minimum, the APS GP will show Plan, Elevation, and Typical Section views and will make note of all critical assumptions. Additional APS's will be prepared as appropriate to consider alternative structure types. The APS General Plan and APS Report will be prepared on the most current Caltrans APS formatted plan sheet, and templates respectively. Structure Preliminary Geotechnical Reports (SPGR) are required as part of APS to identify basic site parameters, which may have a significant impact on the structure scope and cost. In addition, a comprehensive design memo must be prepared to summarize and document the following key items: Important or unusual design assumptions or structure features. 4. Discussions with City/OCTA/SCRRA personnel concerning any key assumptions. ,4 Modifications from Structure Maintenance Records recommendations. -4? Seismic retrofit modifications. ,4? City requirements such as aesthetics, improvements in vicinity of the structure, airspace usage, or other obstructions. ? Special foundation requirements, special excavations such as Type A, Type D, and/or hazardous or contaminated material. Special construction requirements, including limited site accessibility. 4- Stage Construction. The information identified in the APS, as listed above, and preliminary structure costs are used as a part of the evaluation to select the best project alternative. Santa Ana Boulevard Underpass It is proposed to construct a railroad bridge by lowering the Santa Ana Boulevard. A 2-Span Structure Alternative would work very well at this location. This proposed double track railroad bridge structure is approximately 126.7 feet long and 40.3 feet wide, with no skew to Santa Ana Boulevard. A Pier Bent is needed in the median of Santa Ana Boulevard, which will result in the maximum span length of 63.3 feet, and therefore a SCRRA Standard Precast/Prestressed (PC/PS) Double Cell Box Girder Structure can be used for the structure type. Precast units can expedite the construction schedule, helping to reduce impacts to both the rail and the road traffic. In addition, a precast, simply supported structure is the preferred railroad bridge type because of its flexibility for repair and replacement in the future. Significant shoring would be required around the construction area when constructing the bridge. Retaining walls would be required for both the roadway depression and the raise of the 01Y o/ Santa :1 nu 25B-26 rail profile. In order to facilitate the traffic staging/handling during the construction, the walls constructed parallel to Santa Ana Boulevard could be constructed using "top-down" construction; that is to build the wall first, and then excavate the roadway in front of the wall to final grade. We will perform Value Analysis to determine the most cost effective retaining wall type, top down approach vs. conventional cantilever retaining wall using temporary shoring. A Single Span Structure Alternative can also be considered. The span length required to span the Santa Ana Boulevard roadbed is approximately 134'. The typical span range for this type of construction extends to about 150-ft under Cooper E-80 loading. Therefore, even though the required span is nearing the upper limit of the typical structure span length, this structure type is suitable for construction of new underpass. The total structure depth for the replacement of the double track would be approximately 13'-6". Provisions can be made in the bridge design so that is capable of supporting a future third track, should this become a requirement of OCTA/SCRRA. To support a possible third track, the through girder, on the either left or right side of the underpass, will be required to have a structure depth approaching 15' in order to support the full weight of a Cooper E-80 live load. During the APS development, through a careful and deliberate process, we will study a number of different structure alternatives and configurations against various interchange alternatives, and develop associated costs. Deliverables: Draft and Final Structure Type Selection Report Task 1.7 Existing and Future Utilities Issues/Permitting Utility Impacts/Coordination We will identity and coordinate with the various utility companies for the location and descriptions of their facilities, including any potential for future utility improvements. Utility Meetings and Utility Coordination Coordinate and schedule meetings with Utility Owners and project stake holders as may be required. Existing Utility Research We will provide utility research services to include: • Notify Underground Service Alert and request a listing of member utility companies within the project area. • Make a field reconnaissance of the utilities within the project area. • Send a written notice to the identified utility companies in the proposed project area notifying them of the proposed project, and request copies of their existing utility maps and information regarding their plans for future improvements. • Prepare a preliminary Utility Conflict Maps from record information and field observations showing those utilities to be protected in place and those to be relocated to clear construction. • Overhead lines will be located and vertical clearance will be determined over the proposed improvements to assure that minimum vertical clearance is maintained. • Determination of prior rights as they relate to responsibility for the cost of relocations. City of Santa Ana 25B-27 Deliverables: Preliminary Utility Conflict Maps Utility Data Summary; Including a matrix of: Utility Owners, Utility Representatives, Description of Utility Conflicts and Responsibility for the cost of relocation. Task LS Right of Way Requirements ROW Identification/Impacts/Data Sheets Existing right-of-way information, including parcel boundaries will be shown on the alternative layout plans and used to determine the preliminary right-of-way requirements, which may be required for each alternative alignment. The cost of potential right-of-way acquisitions, if any, will be included in the cost estimate for each alternative. Legal descriptions will be prepared, and it is assumed up to 50 (this is excessive, but conservative) shall be required, and this shall be determined during the design. As the proposed alternative layout sheets are refined to include the information required for the PRE, the impacts to right-of-way will also be more thoroughly defined. This updated information will be shown on the right-of-way layout sheets and used to determine the preliminary right-of-way requirements for each alternative alignment. The cost of potential right-of-way acquisitions, including construction easements, will be included in the cost estimate for the PRE. A Right-Of-Way Data Sheet will be prepared and included in the PRE. During the design, right of way needs will be mapped for use in the right of way acquisition phase of the project. Deliverables: Right of Way Requirements Maps Task 1.9 Drainage Analyses/Report Hydrology Study/Report AECOM will prepare a hydrology study for the project area in order to recommend drainage systems adequate for the project improvements. These recommendations will be in the form of drainage plans, and associated cost estimates for these facilities, for inclusion into the PRE, and will ultimately form the basis of the Hydrology and Hydraulics Report prepared during the PS&E phase of the project. Deliverables: Storm Water Data Report Task 1.10 Quantities, Schedule and Estimate AECOM will calculate the preliminary level quantities, produce a preliminary level cost estimate, and produce a preliminary project schedule for inclusion into the PRE. Task 1.11 Project Report Equivalent (Draft and Final) AECOM will produce a Project Report, per the requirements previously mentioned in this document. Deliverables: Project Report Equivalent (Draft and Final) Task 1.12 Environmental Documentation As with all projects the environmental phase of the project controls the schedule. In order for us to have a firmer grasp on this critical part of the schedule, we have included on our team an Environmental Manager. Ms. Alicia Colburn will be serving in this capacity for the duration of the environmental clearance process. Crti- of Santa Ana 25B-28 It will be Ms. Colburn's responsibility to chair meetings, periodically (maybe even monthly beginning when the technical reports are close to submission to the District) with the District 8 Environmental Staff to address issues, comments, and to answer questions. Ms. Colburn will also be tasked to review each and every Technical Report written by our environmental subconsultant prior to submission to the District, and to perform this review with an eye towards commenting on what the Caltrans reviewer would comment on for the initial submittal of these reports. In this manner, Ms. Colburn will be able to perform a Caltrans-style review of the reports prior to submission to Caltrans. This process should ensure the team only receives a limited set of comments once the reports are submitted to Caltrans, that can be easily addressed, and therefore the approval of the report should be expected by the CITY upon the second submission. Ms. Colburn is uniquely qualified for this role, having served in the District for a number of years providing these type of services while being employed by Caltrans. Our team, and this project, will greatly benefit from the experience Ms. Colbum will be able to apply towards a more efficient and streamlined environmental process. In this way, the CITY can benefit by expecting the environmental approval sooner, rather than later. The environmental subconsultant, ICF Jones & Stokes, will perform the following specific scope of work required to complete the environmental documentation for the proposed project. Additional tasks or effort not specifically identified in this scope of work is not assumed or implied. Tasks associated with completion of the proposed work effort are as follows: Environmental Document Project Management/Coordination/Meetings ICF Jones & Stokes scope of work for quality control, progress reporting, schedules, and coordination/ meetings is outlined below. • Quality Control: ICF Jones & Stokes project manager will be responsible for directing and implementing the project's environmental quality control program. Senior technical reviewers in each discipline will review each work product, including field methods, data collection, analysis, report writing, and any subcontracted work studies. In addition, a technical editor will review all reports to ensure consistent use of terminology and style as well as general readability for the target readers. Finally, the project manager will review all documents before they are submitted to the City and Caltrans. • Environmental Schedule: ICF Jones & Stokes will prepare a comprehensive environmental process schedule in consultation with City and Caltrans staff. As conditions change during the project, ICF Jones & Stokes will update and fine-tune the schedule, with concurrence of AECOM and the City. It is assumed that the schedule will be refined up to four times. • Kick-off Meeting: ICF Jones & Stokes Project Manger shall attend a kick-off meeting. Time reflected in the attached cost estimate includes meeting preparation time. It is assumed that AECOM will prepare the meeting minutes for this meeting. • Monthly PDT Meetings: ICF Jones & Stokes Project Manager shall attend Project Development Team (PDT) meetings with the City, AECOM, and Caltrans staff (attendance at twenty-eight [28] PDT meetings by the ICF Jones & Stokes Project Manager is assumed). • Meetings: ICF Jones & Stokes Project Manger may be required to attend meetings in addition to the PDT meetings previously identified. It is assumed that the ICF Jones & Stokes Project Manager will attend up to twelve (12) additional project meetings. • Project Management: This task includes the coordination and management efforts by the ICF Jones & Stokes Project Manager. A duration of twenty-eight (28) months is assumed. Deliverables: Environmental schedule. Environmental PM Attendance at kick off meeting, twenty-eight (28) PDT meetings, and twelve (12) project related meetings. Project management. Cin, of Santo Ana 25B-29 Preliminary Environmental Study After receiving a notice to proceed and preliminary layout from AECOM for the build alternative, a Caltrans Preliminary Environmental Study (PES) form (November 20, 2007) will be prepared for submittal to City and Caltrans for review. The purpose of the PES is to identify and receive concurrence from Caltrans regarding the technical studies that will need to be prepared for the proposed project and to receive concurrence regarding the environmental document to be prepared. The PES will be prepared using existing, available information and no new analyses or detailed evaluations are assumed or included. As directed in the PES, cultural information will be provided entirely by Caltrans. The PES will be revised twice following Caltrans review. Figures will include a vicinity map, a location map, and the layout provided by AECOM. No additional figures or graphics are assumed to be necessary. Deliverables: • Draft, revised Draft, and Final PES. Public Information Meetings Although not legally required for the level of environmental document that is proposed, it is assumed that two public information meetings will be conducted for the proposed project. One at the outset of the project after the build alternative has been developed, and one during the PA/ED process at times to be determined by the City and Caltrans. The meetings will utilize boards that present the project alternative. ICF Jones & Stokes will assist the City and Caltrans in organizing and holding the informational meetings. It is assumed that the City will secure the location for the public meeting. For each meeting a notice will be prepared by ICF Jones & Stokes for publication in a newspaper of local circulation (Orange County Register, etc.). This notice will be submitted to the City and Caltrans for review and approval. It is assumed that ICF Jones & Stokes will coordinate publication of the notice in the newspaper and that the City will be responsible for paying the newspaper directly for the publication cost. It is assumed that the notice will be published in one English and one Spanish language newspaper. ICF Jones & Stokes will prepare a sign-in sheet, comment cards, and up to three display boards using project layouts/graphics provided by AECOM. In addition, direct mailings to property owners and residents living within 500 feet of the proposed project will be distributed using a mailing list generated and provided by AECOM's right-of-way consultant or the City. No other direct mailings are assumed. It is assumed that ICF Jones & Stokes Project Manager along with one additional individual, if needed, will attend the meetings. Deliverables: • Meeting Materials (up to three 30x40 boards using primarily project layouts/graphics provided by AECOM, sign in sheet, and comment cards) • Attendance at informational meeting by the Environmental Task Manager and one additional ICF Jones & Stokes staff member, if needed • Direct mailing to property owners and residents located within 500 feet of the proposed project (assumed that AECOM's right-of-way consultant or the City will provide the list of owners and addresses) • Preparation and publication of meeting notice once for each meeting in one English and one Spanish language newspaper (assumed that City will pay the newspaper directly for the publication) Technical Studies All technical studies will be consistent with meeting the requirements of CEQA and NEPA, as well as those of related environmental statutes and regulations. The technical studies will be prepared to cover both related statutory documentation requirements and to support preparation of a joint NEPA/CEQA document required for project approval. Preparation of all technical analyses and reports will follow local, state, and federal environmental guidelines, primarily consisting of the Caltrans Standard Environmental Reference (SER) website, Caltrans Project Development Procedures Manual, local and state CEQA Guidelines, and FHWA Technical Advisory 6640.81 Guidance on Preparing and Processing Environmental and Section 4(f) Documents. The formats to be used for the technical studies will follow the guidance available on the Caltrans SER website as of the date that those studies are initiated. Please see scope of work for each technical study for details regarding studies to be prepared Crtt' of Santa Ana 25B-30 Unless otherwise noted, the deliverables for the following technical studies will be a separate bound report including a standardized project description, a methodology relevant to each topic area, description of the affected environment, impact assessment, and mitigation measures. The screencheck technical study will be submitted to the City (two copies) and to Caltrans (four copies) for concurrent review. Following City and Caltrans review a Draft of each technical study will be submitted to the City (two copies) and to Caltrans (four copies) for concurrent review. Following Caltrans and City second review it is assumed that a revisions workshop will be held to address any outstanding comments, if any comments remain. Following the revisions workshop a final version of each report will be prepared. The final technical studies (two copies to the City and four copies to Caltrans) will be submitted following the workshop for final concurrence (no additional comments are assumed to be received associated with the final concurrence review). For this scope of work, the technical studies for which a specific scope of work has been included have been assumed based on a review of existing project information. If additional studies are identified during the environmental phase of the project a scope of work and cost will be submitted for approval prior to their initiation. Deliverables: Screencheck technical studies (6 copies each) Draft technical studies (6 copies each) Final technical studies for concurrence (6 copies each) Final approved technical studies (6 copies each) The following assumptions have been made with regard to the technical studies that are to be prepared: • Engineering plans, including limits of construction, staging areas, and borrow/disposal sites, if needed, will be provided by the engineering team at a level of detail sufficient for preparing the technical studies (roadway lanes, topographic information [including changes in topography resulting from the proposed project], state plane tick marks, station numbers, and existing structures within 500 feet of the proposed project). • Mapping showing existing conditions (roadway lanes, topographic information, state plane tick marks, station numbers, and existing structures within 500 feet oi'the proposed project) will be provided by the engineering team. • Cross sections along the alignment showing existing and proposed conditions at an interval sufficient for preparing the noise analyses will be provided by the engineering team. • Aerial photograph at a scale suitable for preparation of project mapping, figures, and analyses will be provided by the engineering team (1 inch=200 feet scale minimum, with a minimum of 500 feet to the east and west of Pine Avenue shown and any other areas of improvement). Pixel size shall be no more than 2.5 square feet and image shall be orthorectified. • Focused protocol surveys for any species are not included in this scope and cost, other those specified under the Natural Environment Study scope. If additional focused surveys are identified during the biological field reconnaissance then this will be communicated to AECOM and the City and a scope and cost for this work will be provided. • Geotechnical, traffic assessments, Storm Water Data Report (SWDR) and/or Water Quality Report, and any floodplain analyses/technical reports (Location Hydraulic Study and Summary Floodplain Encroachment Report or Floodplain Evaluation Report), if required, will be provided by AECOM and these analyses will be provided to ICF Jones & Stokes for incorporation into the environmental document and for use in the technical analyses. • Traffic information shall contain 24-hour and hourly traffic counts separated by direction and vehicle classification (autos, medium trucks, heavy trucks) over at least three weekdays, along with peak hour and average daily traffic (ADT) forecast traffic volumes for existing conditions, opening year, and design year with and without the project for roads in the project area, and posted speeds. In addition, subregional/regional traffic information will be provided that includes vehicle miles travelled (VMT) data for existing year, opening year (build and no-build) and horizon year (build and no-build) broken down into five mph speed bins. This data is needed in order to evaluate Otl' 0/ Santa /1 I?a 25B-31 GHG emissions consistent with the latest guidance from Caltrans Headquarters. This stems from the fact that GHG emission factors vary depending on travel speed. • NEPA/404 integration process will not be required. • It is assumed that all rights of entry and access for field work and surveys, if required, shall be obtained and provided by the City or AECOM. • Public meetings and/or hearings are not assumed or included. • Section 4(f) Evaluation will not be required. • A Community Impact Assessment will not be required • Relocations would not occur and a relocation document will not be required. • Cadd files shall be provided in a known coordinate system or projection and attributes shall be provided on discrete layers so that this information can be utilized in GIS. Historic Property Survey Report The proposed project improvements will be subject to compliance with Section 106 of the National Historic Preservation Act. This requires consideration of potential project effects to historic properties including archaeological and historical resources listed in or eligible for listing in the National Register of Historic Places according to criteria listed in 36 CFR800. Caltrans administers Section 106 compliance on behalf of FHWA and requires that documentation conform to specifications contained in Caltrans Standard Environmental Reference. As of January 1, 2004, cultural resource studies must be prepared and processed in accordance with the Programmatic Agreement among the Federal Highway Administration, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer, and the California Department of Transportation Regarding Compliance with Section 106 of the National Historic Preservation Act, as it Pertains to the Administration of the Federal-Aid Highway Program In California. ICF Jones & Stokes shall conduct a records search at the Information Center of the California Historical Resources Information System and through the Sacred Lands File at the Native American Heritage Commission. This records search will consult California's database of previous studies and previously recorded sites within the proposed project area and within a 0.5-mile radius, per Caltrans guidelines. Historic maps and photographs shall also be reviewed, if available. ICE Jones & Stokes shall establish an Area of Potential Effect (APE) map in consultation with the City and Caltrans for obtaining Caltrans approval. The map shall provide the survey boundaries for cultural resources to be evaluated during project studies. The APE map shall be based on the total anticipated disturbance footprint associated with project activities (e.g., road widening/interchange construction, staging areas, detours, drainage facilities, and parcels containing impacted structures, if any). ICE Jones & Stokes will also contact the Native American Heritage Commission and consult with Native American groups and other interested parties to request information regarding the types of potential cultural resources in the study area. Consultation will be conducted in accordance with appropriate and current state and federal regulations. Following completion of the record search/review, WE Jones & Stokes shall conduct a field survey of the APE for archaeological resources. It is assumed that the City or AECOM will be responsible for obtaining access for conducting the surveys. This scope of work assumes that no archaeological sites will be identified in the APE and that no testing and/or evaluation will be required. It is anticipated that an Archaeological Survey Report (Finding of No Archaeological Resources Present) will be prepared. Following completion of the record search/review, an ICF Jones & Stokes qualified architectural historian will conduct a field survey of the proposed project area to record buildings, structures, and historic features through photography and written descriptions. If buildings are substantially altered or are less than 50 years old, a qualified architectural historian can exempt them from further evaluation in accordance with the Section 106 PA. It is anticipated that up to four (4) buildings and structures will not be exempt under the PA and will require evaluation on California historic resource inventory forms (series DPR 523). Any buildings beyond this number would be considered out of scope. ICF 011` (?/ Santa Ana 25B-32 Jones & Stokes will send out letters requesting information on historic properties to local governments, historical societies, and historic preservation organizations. The evaluation of properties within the APE will be reported in the Historical Resource Evaluation Report (HRER), which will include a historic context statement. In addition, ICF Jones & Stokes will review the Caltrans historic bridge inventory, and identify previously evaluated state and local bridges within the APE. As part of the Centerline project an evaluation of several portions of what is anticipated would comprise the APE were evaluated. The depot that is located at the cast end of the project alignment was constructed in 1986 and would not require evaluation (the original depot was demolished when the new depot was constructed). The Juvenile Detention Home (located at 1207 Fruit Street) was also evaluated as part of the Centerline project and it was concluded that the property does not appear to meet the criteria for listing on the National Register of Historic Places (NRHP) or the California Register of Historical Resources (CRHR), and has not been designated as historic by the City of Santa Ana. No other resources were identified that required evaluation within what would be the anticipated APE for the proposed project. It was noted that the area along Santiago Street to the south of Santa Ana Boulevard has a high potential for buried archaeological resources, however, no resources or sites were identified during the field work that was performed for the Centerline project along the portion of Santiago Street where it intersects Santa Ana Boulevard. Following completion and approval of the APE and detailed reports discussed above, a summary document (the HPSR) shall be generated in accordance with Caltrans/FHWA standards for Section 106 compliance with the NHPA. It is anticipated that the proposed project shall result in an HPSR with a finding that only properties previously determined not eligible for inclusion in the NRHP or that are determined to be not eligible for inclusion in the NRHP are present within the Project APE. No further cultural work, including Phase 11 analyses/investigations and/or a Finding of Effect, are assumed or included in this scope of work. Visual Impact Assessment In accordance with FHWA and the U.S. Department of the Interior guidelines, the visual analysis will be prepared under the direction of a licensed Landscape Architect and based on FHWA's Visual Impact Assessment for Highway Projects. The existing visual environment and viewshed will be analyzed using available mapping, aerial photos, GIS, and site reconnaissance. Project plans and profiles will be analyzed to identify proposed physical changes to the study area and to aid in the identification of key observer viewpoints. Key viewpoints (visual quality "sensitive receptors") will be identified for the proposed project. Visual quality of proposed conditions will be evaluated OF and FROM the key viewpoints. That is, visual quality will be evaluated "OF" the proposed improvements and "FROM" the improved facility toward the viewpoint. It is assumed that up to three key viewpoints will be identified and assessed. These viewpoints will be submitted to Caltrans for approval prior to starting the analysis. FHWA methodology, including the evaluation of unity, intactness, and vividness, will be applied. Mitigation measures, such as finish treatment of structures and sound barriers and plantings, will be recommended, if necessary. Noise mitigation, including walls and/or berms will be included in the analysis if identified in the noise report. It is assumed that up to two visual simulations will be included. Noise Study Report ICF Jones & Stokes will prepare a noise study report evaluating the noise impacts and potential noise abatement/mitigation measures, if any, associated with the proposed project. Because federal and Caltrans oversight is involved, the report will be prepared in accordance with procedures specified by FHWA in Title 23, Section 772 of the Code of Federal Regulations (CFR) (23 CFR 772) and the Caltrans Traffic Noise Analysis Protocol (Protocol). ICF Jones & Stokes will conduct a site visit to identify noise sensitive land uses and other features of the project area relevant to the noise study. Noise sensitive receptors have been identified, including those homes located to the east of the rail line along the north side of Santa Ana Boulevard. ICF Jones & Stokes will consult with the Caltrans District 12 noise specialist assigned to this project to ensure that all requirements are addressed. A field noise study will be performed to quantify and assess existing noise conditions at the potential noise-sensitive areas. It is estimated that short-term (10 to 15 minutes duration) sound-level data will be collected at up to four (4) representative noise-sensitive locations throughout the area. In addition continuous 24-hour noise monitoring will OtY qJ Santa Ana 25B-33 be conducted at up to one location if a secure measurement location can be identified. ICF Jones & Stokes will conduct traffic noise modeling related to the proposed project using the FHWA Traffic Noise Model (TNM) Version 2.5 and traffic data to be provided by the project traffic engineer. TNM will be used to model worst-noise-hour noise conditions at representative modeled receiver locations under existing conditions and design- year conditions with and without the proposed project. Traffic noise impacts of the proposed project under 23CFR772 will be assessed by determining if implementation of the project is projected to result in traffic noise levels under design-year conditions that approach or exceed the FHWA noise abatement criteria or if implementation of the project is predicted to result in a substantial increase in noise at noise-sensitive uses. If traffic noise impacts are projected to occur, information on the preliminary feasibility and reasonableness of noise abatement as defined in the Protocol will be evaluated and presented for use by decision makers in considering noise abatement. ICF Jones & Stokes will also evaluate potential construction noise impacts using methods recommended by the U.S. Department of Transportation. ICF Jones & Stokes will prepare a noise study report addressing the requirements of 23CFR772 in accordance with guidance in the Protocol and following the noise analysis report format outlined in the Caltrans Technical Noise Supplement (TeNS). If warranted the noise study report will include a preliminary noise abatement design to schematically identify the location, height, and extent of noise walls needed to abate noise impacts. It is assumed that any noise abatement design and or Noise Abatement Data Report (NADR) would be prepared and provided by AECOM. In accordance with Protocol guidance, the description of noise walls will be sufficient for environmental review of the proposed project, but not for final design of the walls. Abatement allowances will be provided for each wall evaluated. It is assumed that any final noise wall designs would be prepared by AECOM due to the detailed engineering that is required for the design of any such noise walls. Natural Environment Study (Minimal Impacts) ICF Jones & Stokes will conduct a literature search, perform field surveys, and prepare a Natural Environmental Study Minimal Impacts (NES/MI) report analyzing potential impacts to biological resources. An NES/MI has been identified due to the limited amount of habitat located within the identified project area. The report will be prepared in accordance with Caltrans SER guidance and will conform to the Caltrans NES/MI annotated outline that is available at the time that the NES/MI is initiated. The following tasks will be performed during the preparation of the reports: Review of Project Information and Applicable Literature A literature review will be conducted to identify special-status species known or reported from the project area. The literature review will include: • Special status species lists from the California Department of Fish and Game (CDFG) and U.S. Fish and Wildlife Service (USFWS); • Database searches of current versions of the California Natural Diversity Database (CNDDB) and the Online Inventory of the California Native Plant Society (CNPS); • The most recent applicable Federal Register listing package and critical habitat determination for each federally listed Endangered or Threatened species potentially occurring within the project site; • The most recent CDFG Annual Report on the status of California's listed Threatened and Endangered plants and animals; and • Other available biological studies conducted in the vicinity of the project site. Field Evaluation for Biological Resource Constraints After reviewing relevant information, the project area will be evaluated, with a thorough walkover covering all portions relevant to potential biological resource constraints. Detailed field notes will be compiled including conditions, visible disturbance factors, species, habitats, and more general biological resource issues observed or detected. The site will be evaluated regarding the presence, absence, or likelihood of occurrence for all special status species, habitats, or more general biological resource issues potentially posing a constraint to the project through applicable laws and regulations. Adjacent areas will also be briefly examined to provide context. It is assumed that access shall be provided by the City City o/'Santa Ana 25B-34 or AECOM for the field surveys. If focused habitat evaluations for any species other than those included in this scope of work or focused surveys are required for any species then this will be communicated to the City and AECOM immediately and a separate scope and cost for this work will be provided. The study area is assumed to be the proposed project footprint plus 100 feet (where access is permissible). This task includes evaluations/determinations for the following potential resource issues: Habitat Evaluation for Burrowing Owl - A qualified biologist will perform an evaluation of the potential for Burrowing Owl (Athene cunicularia) to occur. All areas to be evaluated will be examined carefully for habitat characteristics and disturbance factors. The study area for this work is assumed to be the proposed project footprint and a 100-foot buffer, as accessible to ICF Jones & Stokes. An additional 400-foot buffer beyond the 100-foot buffer will be visually assessed only. This scope and cost assume that the City or AECOM will be responsible for providing access. Potentially suitable habitat will be mapped. No permits are required to perform a habitat evaluation, but the biologist must be experienced with the species' biology, identification of direct and indirect sign, and physical characteristics of potentially suitable habitat. Habitat evaluations for this species can be performed any time of year. The results will be directly incorporated into the NES/MI. This scope of work assumes that a focused survey for burrowing owl will not be required. Jurisdictional Waters Delineation - A qualified biologist will examine all relevant portions of the site and perform a routine-level delineation of the extent of potentially jurisdictional waters under both state and federal regulations. The following field evaluations will be performed, however, it is assumed that no jurisdictional resources will be identified. Evaluation for federal wetlands will follow the applicable methods in the 1987 manual from the Corps of Engineers, the 2006 Arid West supplement from the Corps of Engineers, and the Rapanos Guidance (2007), along with subsequent supporting materials and applicable regulations, policy, and case law. The study area for this work will include the proposed project footprint along with a 50-foot buffer. This scope and cost assume that the City or AECOM will be responsible for providing access. The work will be at a routine (rather than comprehensive) level of detail, that is, point sampling and standard criteria (hydrology, soils, and vegetation) will be used to identify, map and calculate total area for federal and state jurisdiction, but no laboratory testing of soils or water, no hydrological or hydrogeomorphic analysis or modeling, no formal statistical analysis, and no extensive records searching, will be provided. Evaluation of existing functions and values for jurisdictional areas will be addressed at a qualitative level. Mapping will be performed at a scale of 1 inch equals 200 feet (1:2400) or better, with a minimum mapping unit of no more than 0.05 acres, and will reflect the delineated boundaries of any jurisdictional waters and wetlands present. Photographs representative of relevant site conditions will be taken. As noted, it is assumed that no jurisdictional waters or wetlands will be identified and no Jurisdictional Delineation Report will be required. Technical Report Preparation A draft NES/MI will be developed based on results of the biological surveys and analysis and will conform to the current Caltrans NES/MI annotated outline, as previously described. The report will describe: • The study methods used in identifying and assessing the biological resources at the project site, the personnel who conducted the studies, contacts made with agencies, and any limitations associated with the study; • The environmental setting including both the biological and physical setting at the project site; • (The results, including special-status species present on the site, if any, and a discussion of impacts and mitigation, as necessary; and • The appropriate regulatory requirements and necessary permits, if any. At this time it is assumed that jurisdictional waters will not be impacted and permitting (i.e., Section 401 Water Quality Certification, Section 404 permit, or Section 1602 Streambed Alteration Agreement) would not be required. Therefore, the processing of permits are not included in this scope of work. If based on the field work performed it is determined that these permits would be required then a scope and cost for the preparation and processing of these permits can be provided by ICF Jones & Stokes if desired by the City and AECOM. Cite of Santa Ana 25B-35 Community Impact Assessment ICE Jones & Stokes will prepare a Community Impact Assessment. ICF Jones & Stokes will identify the community impacts on neighborhoods, businesses, and minority and low-income populations, as well as the project's consistency/compatibility with the existing and future land uses and plans in the area. The community impact analysis will be prepared in accordance with Caltrans Environmental Handbook Volume 4: Community Impact Assessment. Topics to be addressed in the community impact analysis will include social impacts, economic impacts (change in employment and tax base changes), land use/growth (consistency with local plans, development opportunities), farmland, and public services impacts (accessibility and parking, utilities). The community impact assessment considers how the proposed project activity would affect the people, institutions, neighborhoods, communities, organizations, and larger social and economic systems. The community impact analysis will provide a clear description of the existing conditions, the potential impacts of the project on the community and how the project relates to other development (existing and proposed) in the area. The significance of the identified impacts, and mitigation measures to best avoid the adverse impacts resulting from the project will be identified and discussed, as appropriate. Potential impacts to minority and low-income populations, if any, will be addressed in compliance with Executive Order 12898: Federal Actions to Address Environmental Justice in Minority and Low-Income Populations. Data from the 2000 U.S. Census will be used to identify characteristics of populations within census block groups traversed by or adjacent to the proposed project. Community profiles will also be collected for the local project area, City, County, and the State of California to help identify regional and local trends in regards to demographics, local industry, occupations, and tax base. Potential impacts during the construction phase due to access limits will be analyzed and measures to address these impacts proposed, if required. Existing planning documents will be reviewed and potential beneficial and adverse land use impacts of the proposed project and mitigation measures, if required, will be identified. Relocation Impact Report It is anticipated that relocations and property acquisition would be required as part of the project, particularly to the west of the rail line. ICE Jones & Stokes will analyze the primary and secondary effects of potential acquisitions and displacements that would be caused by the proposed project. The relocation impact document is anticipated to be a Relocation Impact Report (Draft and Final) based on past experience within the District. A Draft Relocation Impact Report (DRIR) will be prepared pursuant to FHWA guidelines/policies to comply with the Uniform Relocation and Assistance and Real Property Acquisition Policies Act of 1970, as amended, the California Relocation Act, and as described in Chapter 10 of the Caltrans Right-of-Way Manual. The DRIR will provide the City, Caltrans, and the public with information on the impact this project will have on residential and non-residential occupants. It is assumed that adequate relocation resources would be available for displacees. Using aerial photography, 2000 U.S. Census data (supplemented with additional State, County, and City data, as available), windshield surveys, and interviews with local real estate agents, if needed, ICE Jones & Stokes will identify characteristics of potential relocations, including the number/type of residences, businesses, farms, and/or non-profit organizations. ICF Jones & Stokes will identify the characteristics of the residential displacements including lot size, improvements on parcel, age of structures, general condition, and the number of bedrooms/bathrooms. For businesses characteristics to be documented include the number of employees, building size, parking areas, and owner/tenant mix. In addition, WE Jones & Stokes will identify and evaluate potential relocation resource areas and any difficulties that may arise, relocation-related business issues, and the project's effects on the local tax base. Following public availability of the environmental document, a Final Relocation Impact Report (FRIR) will be prepared that identifies relocation resources, timing of acquisition, and more detailed displacee data. This scope of work does not include interviewing the affected owners and tenants of the displaced properties, if required. Paleontological Information Report/Paleontological Evaluation Report It is assumed that a combined Paleontological Information Report/Paleontological Evaluation Report (PIR/PER) will be prepared that will identify and document the viability of paleontological resources existing with the project's study limits. The following identifies the tasks to be performed. 011. of Santa .Ana 25B-36 Literature Search and Field Review • Applicable Laws - ICF Jones & Stokes shall review relevant State and federal statutes, regulations, and guidelines to determine the requirements for protection of paleontological resources specific to this project. • Coordination with Agencies and Schools - ICF Jones & Stokes shall coordinate with appropriate agencies and educational facilities to collect data regarding paleontological sensitivity. • Library Search - ICF Jones & Stokes shall search relevant published information, including technical geologic and paleontological articles, discussions of fossil localities and their geologic context, geologic maps, and descriptions of sedimentary geologic units in the project area. • Museum Record Search - ICF Jones & Stokes shall examine unpublished specimen records in museums to obtain information relating to resource distribution in the project area. • Field Review - ICF Jones & Stokes shall visit the proposed project site to observe stratigraphic features, bedding geometry and other relevant geologic features. Data Compilation & Sensitivity Assessment Data accumulated from the above sources will be integrated and summarized to provide a description of the known aspects of the resource, if relevant. These aspects include the probability that the affected geological units include paleontological resources, the probable/possible significance of any likely fossils, and the effects of any historic surface modifications. The goal of the PER portion of the report is to identify the potential for impacts to significant paleontological resources within the project's limits. The report prepared will identify and document anticipated impact to paleontological resources existing with the project's limits of disturbance (both vertical and horizontal), if potential impacts exist. ICF Jones & Stokes shall prepare a PIR/PER that includes the following: • Summary of the proposed project • Delineation of the project limits • Delineation of the project excavation locations and depths • Document efforts to avoid or minimize effects on paleontological resources • Identify significance and/or sensitivity of paleontological resources and/or rock units following the guidance provided at: http://www.dot.ca.gov/ser/voll/sec3/physical/ChO8Paleo/chapO8paleo.htm#pir • Identification of sources consulted and results of that consultation • Identification of any consultation related constraints • Identification of a course of action, including identification of specific geologic formations and paleontological resources • Identification of the persons preparing the PIR/PER and their qualifications • Identify whether a Paleontological Mitigation Plan (PMP) is recommended It is assumed that a PMP will not be recommended or required for the proposed project and one is not included in this scope and cost. It is further assumed that the findings of the PIR/PER will be negative and no additional paleontological tasks or effort will be required. Air Quality Report Based upon the last three road/rail grade separation projects that ICF Jones & Stokes has performed in southern California an air quality report may not be required for the project. It has been determined on these other three projects that as long as the project does not add additional capacity or include the installation of new stop signs or traffic signals that an Air Quality Report is not required. However, an Air Quality Report has been included in this scope and cost in case it is ultimately determined to be required by the District. This will be discussed early in the process with Caltrans and further document in the PES that is prepared. ICF Jones & Stokes will prepare an air quality technical report that analyzes air pollutant emissions associated with changes in vehicle speed and traffic distribution patterns resulting from the proposed project. All impact analyses will be performed consistent with the technical requirements and methodologies outlined in the Caltrans' Standard Environmental Reference (air quality chapter). City of Santa A1711 25B-37 The air quality technical report will provide the following discussions and analyses: Regulatory Setting and Existing Conditions. Summarize the existing federal, state, and local air quality regulatory environment as it affects the proposed project, and describe the location of sensitive receptors in the project vicinity. Using data provided by the California Air Resources Board (CARB) and the SCAQMD, characterize existing air quality conditions in the project area and explain how those conditions are affected by local climate and topography. Evaluation of Construction Emissions. Based on current District 12 procedure, provide a qualitative discussion related to construction emissions. Evaluation of Operations-Period Mass Emissions. Evaluate whether the project meets transportation conformity requirements by determining whether it is included, as currently defined, in the most recent Regional Transportation Plan (RTP) and Regional Transportation Improvement Program (RTIP) prepared by the Southern California Association of Governments (SCAG). It is assumed that the projects will be included in the RTIP and that a regional analysis will not be required. Localized Carbon Monoxide Hot Spot Analysis. Analyze the degree to which project-related traffic volumes have a potential to effect local carbon monoxide (CO) concentrations using the California Department of Transportation CO Hotspot Protocol. It is anticipated that the CO screening procedure will be appropriate. However, it is assumed, based on experience within the District that CALINE-4 dispersion modeling will also be performed. It is assumed that up to two intersections will be modeled. Localized PM2.51PM10 Hot Spot Analysis. Analyze the degree to which project-related traffic volumes have a potential to affect local PM2.5 and PM 10 concentrations, based on the United States Environmental Protection Agency (EPA) guidance document entitled Transportation Conformity Guidance for Qualitative Hot-spot Analyses in PM2.5 and PM 10 Nonattainment and Maintenance Areas. This scope and cost assumes that a screening level analysis is appropriate, and that no modeling will be required by Caltrans or FHWA to address PM2.5 and PM 10. Mobile Source Air Toxics. Evaluate proposed project-related mobile source air toxics (MSATs) emissions in accordance with FHWA interim guidance on how MSATs should be addressed in NEPA documents. It is not assumed that extensive qualitative analyses would be required to address MSATs. If an extensive quantitative analysis is required for the project, then a scope and cost estimate would be provided for this additional effort, however, such an analysis is not anticipated. Climate Change/Greenhouse Gas Emissions. A quantification of operational-period greenhouse gas (GHG) emissions associated with implementation of the proposed project will be conducted. Consistent with current Caltrans policy, construction-period GHG emissions will not be quantified. Operations-period GHG emissions will be quantified using regional daily peak-period and non-peak-period vehicle miles traveled (VMT) apportioned into 5 mph speed bins for speeds between 5 mph and 75 mph; and the CT-EMFAC emissions model. ICF Jones & Stokes will present a comparison of GHG emissions associated with the Build Alternative(s) to the No-build Alternative to characterize effects of the proposed project on GHG emissions. The analysis of climate change also will also incorporate the most recent guidance found on the Caltrans Standard Environmental Reference and Caltrans annotated outline. Air Quality Conformity Analysis Report and Checklist. Under NEPA delegation, the federal air quality conformity determination has not been delegated to Caltrans and must be made by FHWA. We will prepare a separate Air Quality Conformity Analysis using the annotated outline for this report on the SER at the time that the report is initiated and will also prepare the Conformity Checklist based on the checklist that is available on the SER at the time that the Air Quality Conformity Analysis Report is prepared. SLAG Transportation Conformity Working Group. The required TCWG form will be completed and submitted for forwarding to SCAG for inclusion on the agenda for determining if the project is a project of air quality concern (POAQC). It is assumed the project will be found to not be a POAQC and that no specific analysis will be required related to the TCWG determination other than what is already included in this scope of work. Mitigation Measures. ICF Jones & Stokes will develop mitigation measures, where applicable, to address significant air quality impacts, if present. City of Santa Ana 25B-38 Prepare Hazardous Materials Technical /Waste ISA ICF-Jones and Stokes will prepare the Hazards and Hazardous Materials Report. The investigation will evaluate evidence of potential site contamination, either from historical or current land usage. The study will address the Thresholds of Significance in Appendix G of the CEQA Guidelines and will include elements of ASTM E1527, Standard Practice for Environmental Project Site Assessments: Phase I Environmental Property Assessment Process. We will conduct a review of available existing local, State, and Federal-maintained databases of hazardous materials sites and underground storage tank records. Readily available historical aerial photographs will be reviewed to help identify prior land uses and field reconnaissance will be performed to help assess current conditions. The deliverable will be the Hazards and Hazardous Materials Report. In addition, this work will include visits to properties to assess if a Phase 2 investigation of the site will be necessary, to be included in the recommendations section of the report, and to be conducted during the design phase of the project. Actual Phase 2 investigative work and subsequent report is not included in this scope of services; however, testing and reporting on Aerially Deposited Lead (ADL) is included in this scope. We will sample, test, and report on the existence of any ADL within the limits of project footprint. Environmental Document For the proposed project it is assumed that the NEPA document to be prepared will be a Categorical Exclusion with technical studies. Railroad grade separations are identified as NEPA Categorical Exclusions under 23 CFR 771.117(d). Railroad grade separations are statutorily exempt from CEQA, as identified in Section 21080.13 of the Public Resources Code and in Section 15282(g) of the CEQA Guidelines. Statutorily exempt projects are excused entirely from the environmental review process and the requirements of CEQA. In addition, all activities performed to support these projects are also included in the exemption. It is assumed that all project components are associated with the railroad grade separation and would be covered under the exemption. Therefore, it is assumed that no CEQA document or documentation will be required for the proposed project. If components are added to the project that are not related to the grade separation then the statutory exemption may not apply and additional work not covered in this scope and cost, including a CEQA document, may be required. Statutory Exemption (CEQA)/Categorical Exclusion (NEPA) A Notice of Exemption (NOE) will be prepared and provided to the City for approval and submittal to the State Clearinghouse. This notice starts the statue of limitations under CEQA so it is recommended that the City file this notice. No additional CEQA documentation beyond the completion of the NOE form is assumed as part of this scope and cost. Based on the environmental technical studies previously discussed a Categorical Exclusion (CE) will be prepared pursuant to NEPA. ICF Jones & Stokes will prepare the CE in compliance with the latest format identified on Caltrans Standard Environmental Reference website. In addition, the Categorical Exclusion Checklist will be prepared. As part of the CE a detailed project description will be included. The CE will also include a very brief (two to three sentence) summary of the findings of each of the technical studies. No separate environmental document is assumed to be prepared to support the CE and none is included in this scope and cost. It is assumed that ICF Jones & Stokes will revise the CE twice based on comments from the City and Caltrans (to be reviewed concurrently). Environmental Commitments Record For the project an environmental commitments record (ECR) will be prepared in a matrix table format. The ECR will be submitted to the City and Caltrans in hard copy and electronic form. The matrix table will include a description of each mitigation measure organized by topic numbered to correspond with the impacts. For each mitigation measure, the Reporting Process, Timing of Measure, Responsible Party, and Verification of Compliance will be identified Ciro of Santa Ana 25B-39 through coordination with resource agencies and experience on other similar projects. The ECR will be included with the CE and it is assumed that this document will be reviewed as part of the City and Caltrans review of the CE. Deliverables: Notice of Exemption Five (5) copies each of Draft and Final Categorical Exclusion and MMRP Optional Scope for Environmental Assessment/Finding of No Significant Impact, if required If for some reason a NEPA CE were found to be not appropriate for the proposed project then an Environmental Assessment/ Finding of No Significant Impact (EA/FONSI) would be prepared. Under this scenario the previously identified Section 4.0 (Environmental Document) scope would be replaced with this Section 4.0 scope of work. In addition, the following modifications would be made to the meeting and project management tasks for the project. Environmental Assessment/Finding of No Significant Impact Draft Environmental Assessment It is assumed that if a NEPA CE is not agreed upon by Caltrans then the appropriate document for the proposed project will be an Environmental Assessment (EA) followed by a Finding of No Significant Impact (FONSI). If a higher-level document is required then a separate scope and fee will be provided for preparing the increased level of documentation. Utilizing the information contained in the technical reports, along with additional information and analyses that are performed, as necessary, a Screencheck Draft EA will be prepared based on the current version of the NEPA-only document annotated outline that is available at the time that the document is initiated. The Screencheck Draft EA will be submitted to the City and Caltrans for review. Along with the Screencheck Draft EA, the external QA/QC form and environmental document checklist will be prepared and submitted. The QA/QC form and checklist are assumed to be included with each submittal. Following the incorporation of comments from the City and Caltrans the Draft EA will be prepared and submitted for City and Caltrans review. Following this review the revised Draft EA will be prepared and submitted for City and Caltrans review. Following this review any comments will be addressed and a revision workshop will be conducted, if needed. Following the workshop the second revised Draft EA will be submitted to the City and Caltrans for concurrence and for the Caltrans NEPA QC review. Following the incorporation of comments from the Caltrans NEPA QC review the final Draft EA will be submitted for Caltrans review and approval/concurrence. It is assumed that the project will qualify as a regular and not a complex EA. It is assumed that 30 hard copies and one original of the Final Draft EA will be printed for circulation, including the 15 copies to be submitted to the State Clearinghouse. It is assumed that technical studies will be provided on CD only for inclusion with the documents that are made available at the City, Caltrans, and the local library. ICF Jones & Stokes will utilize a distribution list developed with the City and Caltrans for distribution. It is assumed that distribution to agencies will consist of a CD and not hard copies of the document. All other recipients would receive the Notice of Availability (NOA) only. The NOA will be mailed to property owners and residents living within 500 feet of the proposed project using a mailing list generated and provided by AECOM's right-of-way consultant or the City. Deliverables: Screencheck EA (two copies City; eight copies Caltrans). Draft EA (two copies City; eight copies Caltrans). Revised Draft EA (two copies City; eight copies Caltrans). Second Revised Draft EA (two copies City; eight copies Caltrans). Final Draft EA for approval/concurrence (two copies City; eight copies Caltrans). Final Draft EA 30 hard copies and one electronic (pdf) Draft EA for availability (including the 15 copies for submittal to the State Clearinghouse) (Volume 1); 15 CDs with technical studies; 100 CDs with Final Draft ED It is assumed that up to 100 notices will be distributed. Notice of Availability/Notice of Opportunity for Public Hearing While the final Draft EA is being reviewed by the City and Caltrans a Notice of EA Availability and Notice of Opportunity for Public Hearing announcing the publication of the EA will be prepared for publication. The notice will 011v of Santa Ana 25B-40 also identify the date, time, and location for the public information meeting that is to be held. This notice will be submitted to the City and Caltrans for review and comment. A public hearing would be held for the project if a request for a public hearing were received in response to the Notice of Opportunity. It is not anticipated that a public hearing will be requested or required. ICF Jones & Stokes will coordinate the publication of the Notice in an English and Spanish language newspaper; however, it is assumed that the City will be responsible for paying the publications directly for the publications. The cost of advertisements is not included in this scope and cost. Deliverables: Draft and Final NOA/NOPH (assumed to be transmitted electronically with no hard copies) Response to Comments At the close of the public availability period for the Draft EA, ICF Jones & Stokes will review and respond to all comments received. In addition, ICF Jones & Stokes will attend a meeting with City and Caltrans staff to review any written comments on the Draft EA that were received and to discuss potential responses to these comments, if the comments received warrant such a meeting. The responses to comments will be forwarded to the City and Caltrans for review and approval prior to making any changes to the EA, if the comments received are substantial enough to warrant this process. It is assumed that no comments requiring new analyses or substantial revisions to existing analyses, or from lawyers, will be received. Deliverables: 5 copies of responses to comments to the City and Caltrans for review and concurrence Final Environmental Assessment/Finding of No Significant Impact Upon approval of the responses to comments by the City and Caltrans, if warranted, ICF Jones & Stokes will revise the EA to respond to the comments, to document the circulation period and coordination, and if any changes to the project have occurred. Also, included will be a Draft Finding of No Significant Impact (FONSI). ICF Jones & Stokes will submit the Draft Final EA/FONSI to the City and Caltrans for review. Along with the Draft Final EA/FONSI, the external QA/QC form and environmental document checklist will be prepared and submitted. The QA/QC form and checklist are assumed to be included with each submittal. Following the incorporation of one set of comments from the City and Caltrans a revised Draft Final MND/FONSI will then be prepared and submitted to Caltrans along with a response to comments document for concurrence and for conducting the NEPA QC review. Following the Caltrans NEPA QC review the Final EA/FONSI will be prepared and submitted to the City and Caltrans for review. It is assumed that no additional comments will be received. Deliverables: Draft Final EA/FONSI (two copies City; eight copies Caltrans). Revised Draft Final EA/FONSI (two copies City; eight copies Caltrans). Final Draft Final EA/FONSI for approval/concurrence (two copies City; eight copies Caltrans). Final EA/FONSI (10 hard copies and 10 CDs with pdf version) Environmental Commitments Record For the project an environmental commitments record (ECR) will be prepared in a matrix table format and included as an appendix in the EA/FONSL It is assumed that the ECR will be reviewed as part of the EA/FONSI. The matrix table will include a description of each mitigation measure organized by topic numbered to correspond with the impacts. For each mitigation measure, the Reporting Process, Timing of Measure, Responsible Party, and Verification of Compliance will be identified through coordination with resource agencies and experience on other similar projects. Deliverables: Included in Final EA/FONSI Citt of San(a Ana 25B-41 Federal Register Notice ICF Jones & Stokes will prepare a notice for publication in the Federal Register by FHWA to start the NEPA statute of limitations. This notice will be prepared in compliance with the SER and it is assumed that a Draft and Final version of the notice will be prepared and that coordination and publication of the notice will be the responsibility of Caltrans and FHWA. Deliverables: Draft and Final Federal Register Notice (all transmittals assumed to be done electronically) Cih of Santa Ana 25B-42 0 O 0 ml O o ?p ap o o m o,C o:. 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U c 10 w m E = ° - v O a+ i 'u E n aI i? c u a I,I Z an m d m o `m a i ? ? c m ! ! -J u d c > a> m m E c c y - c -? a c O io ? c- . °? D w r a ° p c a? r ? m l y E N N T C W ` LL ? 1° m 0 a cT: U ' 2 C - .v y ?i ,l m E c - c z c 1 v m u a a l ' E d m m ti a e of m bl m c a o l. o o ? U 3 < > a m a d l o y m d 'v m v ' m ` ° m a v I < ? ' ?' ml ! - m m rI al M c U i y m °- c m m ? m m w C v F = c n I ? c ?I ?p _ w a y = Q Q ly LL? 3 c cp a l o: B .? m `. On c ??l o m m u ¢ o? ° m E ° u ° E ? wl E I II 2 vvi Q E y° ° t ° n o o =' t c j m m f'r y '7 ,- P ¢ Q o m a` m o a d o v ?- L d a o c9 in m c9 w CE 0? 0 U a = Y d n a ry w a r m m o I `o ml Q L m h h Y Y Y Y Y Y Y Y C4 Y r d Y d N N N A A A A Al A b es N ?'. K N F I F H F F 1- i F H F I F - f I ? I 25B-43 25B-44 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 4, 2011 TITLE: AGREEMENT AWARD FOR GRAFFITI REMOVAL SERVICES CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1st Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the agreement with Graffiti Protective Coatings, Inc., to provide graffiti removal services, for an amount not to exceed $600,000 with an option to extend the agreement for four additional one-year renewals, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Maintenance Division is responsible for citywide graffiti abatement. Graffiti abatement is performed 365 days a year. Graffiti is typically removed within 24 hours based on requests received from City staff and from residents through the City's graffiti hot-line telephone number. Contracting graffiti services have been pursued to provide enhanced service levels to the community. The contractor will be required to provide citywide color matching as part of the contract. Currently, staff does not provide color matching due to the cost to purchase specialized equipment for each employee. Color matching eliminates the patchwork of dissimilar colors at a specific location, which then removes the "graffiti scar" that often provokes additional graffiti to occur. Also, the contractor will be required to provide upper-level graffiti removal daily. By the contractor exclusively handling this service, the City's liability for potential damage to structures and employee injuries is eliminated. The contractor will be required to offer this service daily. Further, the City hires a second contractor at $120,000 a year to provide the Police Department with graffiti crime analyses. Graffiti Protective Coatings, Inc., will include this service in the proposed contract at no additional charge. 25C-1 Agreement Award for Graffiti Removal Services January 4, 2011 Page 2 A Request for Proposals was advertised on August 12 and 14, 2009, and proposals were solicited. A summary of the proposals requested and received is as follows: 11 Request for Proposals mailed 0 Request for Proposals mailed to Santa Ana vendors 2 Proposals received 0 Proposals received from Santa Ana vendors On August 26, 2009, two proposals were received and were evaluated by a City team comprised of representatives from the Public Works Agency, Police Department, and Community Development Agency using the following criteria: organizational credentials, experience, work plan, and pricing. The maximum obtainable score is 750. The ratings for the two respondents are as follows: FIRM LOCATION PRICE PER MONTH RATING Graffiti Protective Coatings, Inc. Los Angeles, CA $50,000 709 Urban Graffiti Enterprises Inc. Azusa, CA $37,500 507 Staff performed reference checks on both proposers and was informed by several cities that Urban Graffiti Enterprises Inc. did not perform and therefore their contract was not renewed. The proposal from Graffiti Protective Coatings, Inc., (GPC) received the highest overall rating, is responsive to the specifications, and meets the City's requirements. The GPC proposal included an extensive work plan and demonstrated the organizational credentials and staff experience necessary for removing graffiti. They have consistently demonstrated the ability to provide a high standard of service. Additionally, GPC provided staff with a written statement indicating the rate of pay for their employees exceeds the living wage standards for the Santa Ana and Orange County area. Thus staff recommends an agreement with GPC for an annual amount of $600,000 with no cost increases over the five-year term per Exhibit 1. There will be no layoffs of City employees as a result of this contract. City staff assigned to the graffiti removal program will be reassigned to the right-of-way maintenance program in the sanitation fund with no changes to their current salary rate. Current estimates are that up to 80 percent of the staff in the Maintenance Services Division is eligible to retire within the next five years. With a conservative assumption of one employee retiring per year, the Sanitation Fund will then realize a gradual cost savings. This reduction in personnel costs is an important long-term strategy to balance the sanitation fund given that any increase in this fund is subject to voter approval per Proposition 218. 25C-2 Agreement Award for Graffiti Removal Services January 4, 2011 Page 3 FISCAL IMPACT Funds are available in the Environmental Sanitation Fund (accounting unit 06817642-62300). APPROVED AS TO FUNDS AND ACCOUNTS: yg.,Raul Godi z II Francisco Gutierrez 1 Executive rector Executive Director Public Wor Agency Finance & Management Services Agency RG:DM Exhibit: 1. Letter from GPC 25C-3 25C-4 December 6, 2010 Ms. Danell Mercado City of Santa Ana 220 5, Daisy Ave. Santa Ana, CA 92702 Ms. Mercado. In an effort to promote stability, guarantee residents and businesses with quality graffiti removal and customer service, GPC is committing to no increases in its unit cost for the next five years of contract service, By blitzing the City with an aggressive and thorough proactive "zero tolerance" effort, and including color matching and daily upper level graffiti removal city-wide to the contract, GK is confident that within one year the amount of graffiti reoccurrences will decrease. As a result, GPC in coordination with City staff will re-evaluate required manpower after one year, and will remove one vehicle from service which would reduce our contractual obligation by $120,000, I would also like to inform you of GPCs efforts wurking directly with the community, GPC offers hands on workshops and sponsored clean-up events with neighborhood leaders and volunteers to educate them on graffiti removal along with leaving them training and supplies to continue helping in their community. i? Sincere)y, . t Carta Lerltt?dff, President Exhibit 1 25C-5 25C-6 GRAFFITI REMOVAL SERVICE AGREEMENT THIS AGREEMENT, made and entered into this 18'h day of January, 2011 by and between Graffiti Protective Coatings, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of graffiti removal. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide graffiti removal services, with a staff of five (5) Graffiti Removal Persons, under the direction of City staff, as set forth in Exhibit A, attached hereto and incorporated to this Agreement by reference. Graffiti removal shall be performed every day of the week. It shall be Contractor's responsibility to schedule personnel to ensure graffiti removal is accomplished in a timely manner each day. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, $50,000 per month, as set forth in Exhibit B, attached hereto and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $600,000, annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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 January 1, 2011 and terminate on December 31, 2011, unless terminated earlier in accordance with Section 12, below. The contract may be extended on the written agreement of the parties, for up to four (4) additional one-year terms. Any such extension shall be subject to the same terms and conditions contained in this Agreement. Increases may be negotiated and adjusted prior to the commencement of any extended term, to be effective during such extended term. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify Contractor 1 25C-7 of such occurrence and contract shall terminate on the last day of the current fiscal period without penalty or expense to the City. 4. 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. 5. 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. Consultant shall maintain commercial general liability insurance which 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, $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 provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (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. 2 25C-8 e. 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 effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to 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 health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, 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 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. 7. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 8. 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 telefacsimile 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 telefacsimile (714) 647-6956 With courtesy copies to: Public Works Agency - Maintenance Services City of Santa Ana 220 S. Daisy Avenue 3 25C-9 Santa Ana, California 92703 telefacsimile (714) 647-3345 Attn: Will Hayes and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Graffiti Protective Coatings, Inc. Carla Lenhoff 419 N. Larchmont Blvd., #264 Los Angeles, California 90004 telefacsimile (323) 464-4472 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 telefacsimile, 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. 9. 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 nor 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. 10. 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 of this Agreement performed by City personnel or by other Contractors retained by City. 11. TERMINATION This Agreement may be terminated by the City upon sixty (60) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all 4 25C-10 services performed by Contractor through the termination date, however, payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. Contractor shall have no other claim against City by reason of such termination. 12. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. 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. 14. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Consultant shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they may apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. 15. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. 5 25C-11 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 CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ II Executive Director - Public Works Agency CONTRACTOR (NAME) (Title) Tax ID# 6 25C-12 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR'S RESPONSIBILITIES - A. Work Assignments 1. Contractor will provide graffiti removal services for all streets, sidewalks, private and public property, parks, bike trials, flood channels, civic center and right-of-ways, located within city limits. 2. The Contractor shall contact the Project Manager and/or his/her designee each weekday, at a mutually agreed upon time, to discuss the Contractor's schedule for the day, pending work orders, areas to be maintained and areas to be inspected for approval. Weekend work orders will be assigned on Friday. 3. The Contractor shall receive work orders from the Project Manager and/or his/her designee via electronic mail, facsimile, or written, as agreed upon by the Project Manager and/or his/her designee and the Contractor. 4. Upon receipt of a work order, the Contractor shall inspect the location and determine the method of removal according to the PWA Graffiti Removal Standards, attached hereto as Attachment 1, which will maintain the integrity of the surface. 5. The Contractor shall provide services within twenty-four (24) hours of receiving work orders. In the event that a site cannot be abated within twenty-four (24) hours due to inclement weather, size of the site or any other reason, the Contractor shall notify the Project Manager and/or his/her designee with the status of the site prior to the end of the twenty-four (24) hour timeline. 6. Work may be assigned as a targeted graffiti route with graffiti removal. As directed by the Project Manager and/or his/her designee, the Contractor shall be assigned to schedule visits to specified sites, neighborhoods or corridors. The Contractor may be required to work with a site, neighborhood or corridor liaison in addition to the Project Manager and/or his/her designee. 7. The Contractor shall meet with the Project Manager and/or his/her designee one time per week at a mutually agreed upon time to discuss program status and issues. 8. The Project Manager and/or his/her designee or the Police Department may designate sites as needing an emergency response. An emergency work order will be issued immediately. Emergency response sites will have first priority and may require abatement on the same day. 9. The Contractor shall deliver completed work orders to the Project Manager and/or his/her designee via electronic mail, facsimile, mail or in person on, or prior to, the first working day of the week following assignment of the work order. Accommodations for special projects may be made. 10. Work on private property shall not be performed without the Contractor a Consent form signed by the owner or authorized by the Project Manager and/or his/ her designee. The Contractor shall obtain the signature of the property owner on the consent form prior to beginning work. Original consent forms shall be returned to the Project Manager and/or his/her designee on a weekly basis and are property of the City. The City will maintain a database of Consent Forms. B. Description of Work 1. The method of removal shall not leave shadows or ghosts and shall not follow the pattern of the graffiti such that letters or shapes remain apparent on the surface after markings have been removed. 2. Unless otherwise approved by the Project Manager and/or his/her designee, graffiti shall be removed so that virtually no trace of the pre-existing graffiti remains. 3. The Contractor shall protect the surfaces adjacent to the area to be abated. 7 25C-13 4. The Contractor shall abate the entire surface in the event that the graffiti covers a significant area of the surface. The Project Manager and/or his/her designee shall determine whether or not an entire surface will be abated on a case by case basis. 5. In the event that the Contractor arrives on site to find the graffiti has been abated, the Contractor shall notify the Project Manager and/or his/her designee and submit photos of the location within 24 hours. 6. The Contractor shall ensure protection of the work area at all times including, but not limited to: a. Barricading the area of work at distances so as not to allow persons who are not involved with the abatement into the area. b. Barricading area work performed within the public right-of-way. c. Using warning signs and sidewalk and street cones to inform the public of work being conducted as stipulated in watch handbook. d. Immediately correcting damage to the work site. e. Leaving work in undamaged condition. f. Providing signs to protect the finishes and the public. 7. The Contractor shall remove all equipment and materials from each site and leave the site broom clean at the completion of each removal location. 8. The Contractor shall dispose of all materials containers and excess materials in accordance with all applicable laws, regulations, ordinances, codes and any other legislative or statuary requirements. Material rinse residue shall be collected and disposed of appropriately. C. Photographic Documentation of Work 1. Photographs shall document the size, type of surface, hotline or no hotline, private or public property, paint or water blast of the area of graffiti to be abated. Photographs shall also document the address of the location of the graffiti. Equipment to take photographs will be provided by the City. D. Personnel 1. Contractor shall designate one specific individual to oversee and inspect work performed by Contractor's personnel assigned to this contract. The representative shall be immediately available during work activities to receive communications from the Project Manager and/or his/her designee. Such representative shall have a cell phone to in order to be contacted by the Project Manager and/or his/her designated staff. 2. Contractor shall make the designated representative available to accompany the City representative to inspect sites and/or work upon twenty-four (24) hours notice. 3. The Contractor shall utilize only trained, competent employees in the performance of this contract. At the request of the City, the Contractor shall remove from assignment to this contract any incompetent, abusive or disorderly employee, whether supervisory or non-supervisory. 4. Contractor shall ensure that all employees have immediate access to the Material Safety Data Sheet's (MSDS) for each product used in the performance of this contract. 5. Any person assigned to this contract found to be in possession of and/ or under the influence of intoxicants or narcotics shall be removed from assignment to this contract. This person may be subject to arrest and criminal prosecution. 6. Personnel employed by the Contractor shall be screened and are not to perform services under the contract without prior approval from the Contract Representative. All employees performing services must undergo a criminal background investigation prior to service under this contract. 8 25C-14 E. Equipment 1. The Contractor's vehicles and equipment shall be neat in appearance and easily identified. Identification on the Contractor's vehicles shall consist of, at a minimum, company name, local telephone number and contract services provided by City of Santa Ana in print no less than eight (8) inches tall. 2. The Contractor shall maintain its vehicles and equipment in safe and mechanically sound condition. 3. The Contractor shall provide all personnel, vehicles, supplies and equipment necessary to perform services. F. Compliance with Applicable Laws and Regulations 1. Contractor shall perform all requirements under and in strict observance of and compliance with all applicable laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract. G. Use of Products 1. The Contractor shall be in possession of a copy of the MSDS for each product used in the performance of work at all times. 2. Contractor shall ensure that all employees have immediate access to the Material Safety Data Sheet's (MSDS) for each product used in the performance of this contract. 3. All products used by the Contractor shall be manufactured products specifically intended for purpose for which they are being used. Contractor shall not devise any products of his/ her own making for use under this contract. The use of all products shall be in strict conformance with the manufacturer's specifications. 4. Contractor shall be in compliance with all provisions of the Federal Hazard Communication Act. H. Protection of the Public and Damages to existing Structures 1. The Contractor shall exercise caution at all times for the protection of persons and property. All fines, penalties and/ or repair changes resulting from the Contractor's actions and responsibility of the Contractor. 2. The Contractor shall not permit placing or use of equipment in such a manner as to block vehicle traffic lanes or create safety hazards. The Contractor shall be responsible for the use of all appropriate warning devices according to the watch handbook. 3. The Contractor shall avoid damage to existing structures. In the event that structure is damaged in the course of the work, the Contractor shall be solely responsible for its repair or replacement. 1. Invoices 1. All invoices for work performed under this contract shall be submitted electronically in an Excel 2003 format approved by the Project Manager and/or his/her designee. 2. The Invoice shall include the following: a. Contract number b. Contractor's invoice number c. Abatement site address d. Work order number e. Beginning and ending dates for services 9 25C-15 f. Square footage removed for each method of removal g. Total square footage removed h. Unit cost, subtotals and total for invoice II. SPECIFICATIONS- Painting 1. The Contractor shall professionally match existing paint using an approved paint palette. 2. The Contractor shall not paint previously unpainted surfaces and finishes such as slump stone, split face masonry, stone, brick or concrete block unless painting is specifically requested by the property owner or Project Manager and/or his/her designee. These specific requests shall be noted on the work order for the site. III. SPECIFICATIONS- Media Blasting and Chemical Removal 1. All chemical graffiti removal products shall be biodegradable and environmentally safe. 2. The Contractor shall perform all abrasive removal techniques so that the abatement area is blended into the adjacent surface. 3. Should one location require more than one removal technique and the total square footage of the abatement does not exceed one hundred fifty (150) feet, the City shall not be charged the minimum charge for both techniques. The Contractor may charge the average of the minimum charges for the techniques used. IV. WORKING HOURS Working hours shall be no earlier than 6:00 a.m. to no later than 5:00 p.m. weekdays. On Saturdays, Sundays and holidays, the Contractor shall respond to all graffiti telephone hotline requests received by 12 noon. Contractor shall respond to graffiti removal request received between 12 noon on Saturday and 12 noon on Sundays by 5:00 p.m. that same Sunday. If the Contractor cannot respond to a request made after 12 noon on a Sunday or holiday, Contractor will inform City on the following workday and abatement responsibility will be assigned by City. V. Work by the City Staff Because of Nonconformance to Contract Should the Contractor fail to correct deficiencies or public nuisances that have been created because of Contractor's operation, the City will proceed to take corrective measures and this project will be considered as an emergency. Such work will be done on a staff account basis with an additional callout charge of $75 for each callout. It should be noted that there is a minimum of a two-hour charge for labor on any callout. Contractor shall provide experienced and knowledgeable professional staff. Contractor's Project Manager and staff shall be responsive and maintain excellent working relationships with city residents, property owners, government officials and City staff. The Contractor shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Contractor will be required to carry a State of California Painting Contractor's License and a City of Santa Ana Business License and shall be knowledgeable and very familiar with federal, state and local regulations. Contractor services will include but not limited to attendance at City Commission, City Council and neighborhood meetings as determined by staff. Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such subcontractor. The City reserves the right to reject, replace and approve any and all subcontractors. 10 25C-16 EXHIBIT B FEE SCHEDULE Contractor will provide five (5) graffiti removal personnel - Paint and water blast combo, each working 40 hours per week. Contractor shall schedule personnel such that graffiti removal occurs seven (7) days per week, including weekends and holidays. Contractor employees working pursuant to this Agreement will perform approximately 2,500 to 3,000 removals per month and remove 50,000 to 60,000 sq. ft. of graffiti per month. City shall pay $10,000 per Contractor employee assigned to City graffiti abatement (40 hours per week) for a total not to exceed amount of $50,000 per month. City may increase the number of graffiti removal personnel at no additional increase in the unit bid price. Said fee shall include all Contractor costs including direct and indirect labor costs, overhead, materials, printing, travel and mileage. 11 25C-17 25C-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 18, 2011 TITLE: RED HILL PAVEMENT REHABILITATION COOPERATIVE AGREEMENT WITH CITY OF TUSTIN r l? CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on V' Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached cooperative agreement with the City of Tustin, subject to nonsubstantive changes approved by the City Manager and City Attorney for the rehabilitation of Red Hill Avenue from Dyer Road to Warner Avenue in an amount not to exceed $261,000. 2. Adopt a resolution amending the project list for Fiscal Year 2007/08 Proposition 1 B (Prop 113) allocations as required by the State Controller's Office. DISCUSSION The cities of Santa Ana and Tustin have been working cooperatively to rehabilitate a portion of Red Hill Avenue between Dyer Road and Warner Avenue. The agreement between the two cities designates Tustin as the lead agency for the project (Exhibit 1). This rehabilitation project consists of removal and replacement of deteriorated asphalt pavement, concrete sidewalk, curb, gutter, and pavement striping. The engineer's estimate for the construction phase is approximately $750,000. A portion of the improvements are within the City of Santa Ana (Exhibit 2). The City boundary between Santa Ana and Tustin lies within the south-bound travel lanes along the westerly curb lane. Santa Ana has agreed to reimburse Tustin for the cost of improvements within Santa Ana's city limits which is approximately $261,000. To fund this project, surplus Prop 1 B funds have been identified from the Fiscal Year 2007/08 Prop 1 B allocation. To satisfy State guidelines to receive these funds, the City must adopt a resolution modifying the approved project list. This list was last amended on March 15, 2010 and requires an additional modification to incorporate the Red Hill Improvements. Staff recommends approval of the following modified list: 55A-1 Red Hill Pavement Rehabilitation Cooperative Agreement With City Of Tustin January 18, 2011 Page 2 of 2 Modified FY 07/08 Pro 1 B Allocation Standard Avenue Rehabilitation: Warner to First Residential Street Repair Program Fairview/Harbor Interconnect and Intertie with Fountain Valle System Detection & Transportation Information System Traffic Signal Capital Improvement First Street Rehabilitation: Grand to 1-5 Red Hill Rehabilitation: Dyer to Warner* * Added ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further review. A Categorical Exemption will be filed under CEQA for this project by the City of Tustin. FISCAL IMPACT Funds are available in the Proposition 1 B Fund (accounting unit 03017660-66220). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency RGIJG Exhibit: 1. Agreement Exhibit: 2. Location Map Exhibit: 3. Resolution 55A-2 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY OF TUSTIN FOR THE PAVEMENT REHABILITATION OF RED HILL AVENUE FROM 700 FEET NORTH OF BARRANCA PARKWAY TO WARNER AVENUE This agreement ("Agreement"), made and entered into this day of 2011, by and between the CITY OF TUSTIN, a municipal corporation ("TUSTIN"), and the CITY OF SANTA ANA, a municipal corporation ("SANTA ANA"). RECITALS: A. WHEREAS, TUSTIN and SANTA ANA desire to enter into an Agreement to reconstruct and resurface the roadway pavement on Red Hill Avenue from 700 feet north of Barranca Parkway to Warner Avenue. Related work on the project will include signing and striping; sidewalk and curb/gutter repair; and adjustment of manholes and water valves to grade. This work will hereinafter be referred to in this Agreement as the "PROJECT"; and B. WHEREAS, the PROJECT is included in TUSTIN plans titled FY 2010- 2011 Annual Roadway Rehabilitation and Sidewalk Repair Project (CIP No. 70001); and C. WHEREAS, the PROJECT lies partly within the corporate and jurisdictional limits of SANTA ANA and partly within the corporate and jurisdictional limits of TUSTIN; and D. WHEREAS, SANTA ANA and TUSTIN are each empowered by law to expend public monies to improve Red Hill Avenue; and E. WHEREAS, SANTA ANA and TUSTIN desire to accomplish all of the needed work as described herein by a single public works project in which TUSTIN will act as the Lead Agency, and SANTA ANA will reimburse TUSTIN for SANTA ANA's portion of the construction costs; and F. WHEREAS, the total PROJECT construction cost is estimated at $743,743 as shown in Exhibit "A", attached hereto and incorporated herein. The total estimated PROJECT construction cost will be divided between the parties as follows: TUSTIN SANTA ANA Total Construction cost $483,241 $260,502 $743,743 G. WHEREAS, the PROJECT is declared categorically exempt from CEQA (Section 15301, Class 1 (c)); Exhibit 1 55A-3 NOW, THEREFORE, the parties agree as follows: TUSTIN Rights and Duties: TUSTIN shall be the lead agency for the work and shall provide all design and construction management. TUSTIN shall be solely responsible for the preparation and award of the contract pursuant to public bid requirements for the construction of the PROJECT, including the portion of the PROJECT that is in SANTA ANA. TUSTIN shall be responsible for the preparation of all legal documents, including the Notice Inviting Bids, Instruction to Bidders, and the related construction contract, surety bonds and insurance certificates. TUSTIN shall be solely responsible for the administration and performance of the contract awarded to the contractor for the construction of the PROJECT. 2. Tustin shall pay for all PROJECT design, materials testing, site survey, construction engineering and construction management. 3. TUSTIN shall pay its proportionate share of construction cost, as estimated in Recital F and Exhibit "A" of this Agreement. 4. In the event the sealed bids submitted by the lowest responsive/responsible bidder for the construction of the PROJECT show that SANTA ANA's portion of the PROJECT costs will exceed the estimated cost by ten percent (10%), TUSTIN shall not award such contract and shall not bind SANTA ANA hereunder without the prior written consent of SANTA ANA. 5. TUSTIN shall notify SANTA ANA in writing of any changes, increased costs, and meetings associated with TUSTIN's lead agency responsibilities for the PROJECT. 6. Change orders for work within SANTA ANA must receive the written approval of the Executive Director of the Public Works Agency of SANTA ANA prior to implementation, which approval shall not be unreasonably withheld. SANTA ANA shall have a minimum of five (5) working days to review and approve change orders. SANTA ANA shall have inspection authority within SANTA ANA jurisdictional boundaries and shall be notified of the progress of the PROJECT for such purposes. SANTA ANA shall also have the right to enter and inspect within TUSTIN boundaries at all times for the purposes of overseeing TUSTIN lead agency functions. 7. TUSTIN shall have the exclusive right of approval of all plans, specifications and cost estimates prepared by consultants for the portion of the PROJECT within the jurisdictional boundaries of TUSTIN. 8. TUSTIN shall advertise and award the contract for the PROJECT in accordance with federal, state and local laws. 2 55A-4 9. TUSTIN shall cause all hired consultants on the PROJECT to obtain general liability and motor vehicle liability insurance in amounts satisfactory to SANTA ANA. For any consultant contract on the PROJECT entered into after the date of "Agreement", TUSTIN shall also cause SANTA ANA to be named as additionally insured, and include primary and not-contributory language and standard separation of insureds provisions, on insurance certificates and separate endorsements for all consultant contracts related to the PROJECT. Copies of such certificates and endorsements shall be provided to SANTA ANA prior to consultants proceeding with work on the PROJECT. 10. TUSTIN shall, in advance, notify SANTA ANA as to the official advertising dates, bid opening date, and construction start date, and request SANTA ANA to attend all pertinent meetings, i.e., pre-construction, site, and final walk through. 11. TUSTIN shall provide SANTA ANA final Record Drawings for the PROJECT within 60 days of the completion and acceptance of construction. SANTA ANA Rights and Duties: SANTA ANA will provide review and comment on Project plans, specifications and cost estimates during the contract bidding process and prior to award of contract. 2. SANTA ANA shall have the exclusive right of approval of all plans, specifications and cost estimates prepared by consultants for the portion of the PROJECT within the jurisdictional boundaries of SANTA ANA. 3. SANTA ANA shall issue a no fee permit for work within SANTA ANA. Contractor shall be required to obtain a SANTA ANA business license prior to starting work. 4. All progress payments for the PROJECT shall be reviewed by SANTA ANA. If SANTA ANA contests the progress payment, SANTA ANA shall request withholding of the payment within five (5) business days of receipt of such payment request. SANTA ANA will provide information necessary to substantiate that the required progress has not been met. 5. Subject to section 4, above, SANTA ANA shall pay its proportionate share of construction cost, as estimated in Recital F and Exhibit "A" of this Agreement, within thirty (30) days after receipt of an invoice from TUSTIN. Joint Rights and Duties: 1. In the event that expended costs for the PROJECT exceed funds listed in Exhibit "A", SANTA ANA shall be solely responsible for obtaining the 3 55A-5 additional funding for the increased costs occurring within the jurisdictional boundary of SANTA ANA and TUSTIN shall be solely responsible for obtaining additional funding for the increased costs occurring within the jurisdictional boundary of TUSTIN. 2. Mutual Indemnity Provision: a. Upon completion of the PROJECT, SANTA ANA shall accept maintenance responsibility for the portion of the PROJECT within SANTA ANA jurisdictional limits, and TUSTIN shall accept maintenance responsibility for the portion of the PROJECT within TUSTIN jurisdictional limits. b. Pursuant to Section 8546.7 of the California Government Code, in the event that this Agreement involves expenditures of State funds aggregating in excess of Ten Thousand Dollars ($10,000), both parties shall be subject to the examination and audit of the Auditor General of the State of California for a period of three (3) years after final payment under this Agreement. c. Neither SANTA ANA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by TUSTIN under or in connection with any work, authority, or duties delegated to TUSTIN under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, TUSTIN shall fully indemnify, defend and hold SANTA ANA harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by TUSTIN under or in connection with any work, authority, or duties delegated to TUSTIN under this Agreement. d. Neither TUSTIN nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANTA ANA under or in connection with any work, authority, or duties delegated to SANTA ANA under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, SANTA ANA shall fully indemnify, defend and hold TUSTIN harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANTA ANA in connection with any work, authority, or duties delegated to SANTA ANA under this Agreement. // 4 55A-6 IN WITNESS WHEREOF, TUSTIN has caused this agreement to be executed by its Mayor and attested by its Clerk, and SANTA ANA has caused this Agreement to be executed by its City Manager and attested by its Clerk, all thereunto duly authorized by the TUSTIN City Council and the SANTA ANA City Council, respectively. CITY OF SANTA ANA, a Municipal corporation of the State of California CITY OF TUSTIN, a municipal corporation of the State of California By: David N. Ream City Manager ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph Straka Interim City Attorney RECOMMENDED FOR APPROVAL Raul Godinez II Executive Director Public Works Agency 5 By: Jerry Amante Mayor ATTEST: Pamela Stoker City Clerk APPROVED AS TO FORM: Douglas C. Holland City Attorney APPROVED AS TO CONTENT: David C. Biggs City Manager RECOMMENDED FOR APPROVAL: Douglas S. Stack Director of Public Works/City Engineer 55A-7 55A-8 Q TW i W O U c U L N C O Q? O m O L. a O c O O w N 7 C U (Q C N O U m U C O) CT Q Q C L m O w a m V V lMC W z 0 O L Q U O O ? N r„ H O O O O O O D Q O IT co O O O N co c 0 O 0 O O O p O O ' O N , ? O O I? M IT O O O O O M (`') 0 (y O H O O ~ U M (A A M (A b9 O - - N (fl N Lf) M N T N O N EA 1q N (fl ffl CO to fA (D CN V' EA M r- (A O1 M C6 M 00 ( 69, d9 691 U3, N (A d9 Y N 7 H ?r O m .- r O O ? Cl) (Y) LO N '0V O ? O ti ? co N CO r O ? (D I? (D LO ? (M ON N O ? N OO ? O U H 3 ? O r N (h C6 N p tl) a? 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CITY OF SANTA A q c+ ' '9 i • i• : Q•?W1 i ?• PROJECT ' LOCATION P O CITY OF TUSTIN h ?q CITY OF IRVINE h? KT$ EXHIBIT 2 OJGOTIO/y SANTA 'INA CITY COUNCIL TITLE: RED HILL PAVEMENT 1 AGENDA DATE REHABILITATION COOPERATIVE PUBLIC WORKS JANUARY 18, 2011 AGREEMENT WITH CITY OF TUSTIN 55A-12 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE PROJECT LIST FOR USE OF PROPOSITION 1 B FY 2007/08 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 November 7, 2006, the people of the State of California enacted Proposition 113, the Highway Safety, Traffic Reduction, Air Quality and Port Security Bond Act of 2006 ("Prop 1 B"), authorizing General Obligation Bonds, to be sold to fund transportation projects to relieve congestion, improve the movement of goods, improve air quality and enhance the safety and security of the transportation system; and B. The California Department of Transportation (CalTrans) is responsible for administering two billion dollars ($2,000,000,000) of Prop 1 B funds under the Local Street and Road Improvement, Congestion Relief, and Traffic Safety Account of 2006 (LSR), to be used for improvements to transportation facilities that will assist in reducing local traffic congestion and further deterioration, improving traffic flows, or increasing traffic safety; and C. LSR funds are allocated to cities based on total population of the city relative to all cities in the State. In Fiscal Year 2007/08, the City of Santa Ana was awarded an allocation of five million, six hundred eighty four, six hundred forty eight dollars ($5,684,648); and D. As required by CalTrans, the City adopted a list of proposed projects to be funded by Prop 1 B funds for each fiscal year in which funds were awarded. The approved lists are included in the City's Capital Improvement Budget; and E. Since the adoption of the project lists, additional projects have been recommended for Prop 1 B funding; and F. The City of Santa Ana possesses the legal authority to submit the projects for inclusion in the Transportation Improvement Program and to finance, acquire, and construct the projects. Exhibit 3 Page 1 of 3 55A-13 Section 2: The City Council of the City of Santa Ana approves the following amended list of proposed projects for funding under Prop 1 B under the Local Street and Road Improvement, Congestion Relief, and Traffic Safety Account of 2006, and authorizes the Executive Director of Public Works to submit these projects to the California Department of Finance: 0:-- Standard Avenue from Warner to First Description Street Rehabilitation Residential Street Repair Program Street Rehabilitation Fairview/Harbor Interconnect and Intertie with Fountain Valle Traffic Improvements System Detection & Transportation Information System Traffic Improvements Traffic Signal Capital Improvement Traffic Improvements First Street from Grand to 1-5 Street Rehabilitation Red Hill Avenue from Dyer to Warner Street Rehabilitation Bold indicates Proiect addPri to HO Section 3: The City Council certifies that the City of Santa Ana will comply with applicable provisions of the California Environmental Quality Act, the National Environmental Policy Act, the Americans with Disabilities Act, the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation, and any other Federal, State, and/or local laws, rules and regulations. Section 4: The City Council appoints the City Manager, or the Executive Director of the Public Works Agency or his designee, as agent for the City of Santa Ana to conduct all negotiations, execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the projects. Section 5.: 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 2011. Miguel A. Pulido Mayor Page 2 of 3 55A-14 APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN Councilmembers NOT PRESENT Councilmembers CERTIFICATE OF ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on 2011. Date: Clerk of the Council City of Santa Ana Page 3 of 3 55A-15 55A-16