Agenda — Garden Grove City Council, March 28, 2023 (part 1 of 4)

AGENDA
Garden Grove City
Council
Tuesday, March 28, 2023
6:30 PM
Community Meeting
Center 11300 Stanford
Avenue Garden Grove
California 92840
Steve Jones
Mayor
George S. Brietigam
Mayor Pro Tem - District 1
John R. O'Neill
Council Member - District 2
Cindy Tran
Council Member - District 3
Joe DoVinh
Council Member - District 4
Stephanie Klopfenstein
Council Member - District 5
Kim B. Nguyen
Council Member - District 6
COVID-19 Information : Members of the public can address the City Council during the public comment portion of the meeting in person or via e-mail. If you plan to attend the meeting in person, masks or face coverings are required to be worn if you are not vaccinated. If you feel ill or are showing symptoms of COVID-19, please consider submitting comments by e-mail. Instructions are available on the City's website at https://ggcity.org/city-council/meetings-participation

Meeting Assistance
: Any person requiring auxiliary aids and services, due to a disability, to address the City Council, should contact the City Clerk's Office 72 hours prior to the meeting to arrange for accommodations. Phone: (714) 741-5040.

Agenda Item Descriptions
: Are intended to give a brief, general description of the item. The City Council may take legislative action deemed appropriate with respect to the item and is not limited to the recommended action indicated in staff reports or the agenda.

Documents/Writings
: Any revised or additional documents/writings related to an item on the agenda distributed to all or a majority of the Council Members within 72 hours of a meeting, are made available for public inspection at the same time (1) in the City Clerk's Office at 11222 Acacia Parkway, Garden Grove, CA 92840, during normal business hours; (2) on the City's website as an attachment to the City Council meeting agenda; and (3) at the Council Chamber at the time of the meeting.

Public Comments
: Members of the public who attend the meeting in-person and would like to address the City Council are requested to complete a pink speaker card indicating their name and address, and identifying the subject matter they wish to address. This card should be given to the City Clerk before the meeting begins. General comments are made during "Oral Communications" and should be limited to matters under consideration and/or what the City Council has jurisdiction over.

Persons wishing to address the City Council regarding a Public Hearing matter will be called to the podium at the time the matter is being considered.

Manner of Addressing the City Council
: After being called by the Mayor, you may approach the podium, it is requested that you state your name for the record, and proceed to address the City Council. All remarks and questions should be addressed to the City Council as a whole and not to individual Council Members or staff members. Any person making impertinent, slanderous, or profane

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GARDEN GROVE
remarks or who becomes boisterous while addressing the City Council shall be called to order by the Mayor.If such conduct continues, the Mayor may order the person barred from addressing the City Council any further during that meeting.

Time Limitation: When any group of persons wishes to address the City Council on the same subject matter, the Mayor may request a spokesperson be chosen to represent the group, so as to avoid unnecessary repetition.At the City Council's discretion, a limit on the total amount of time for public comments during Oral Communications and/or a further limit on the time allotted to each speaker during Oral Communications may be set.

PLEASE SILENCE YOUR CELL PHONES DURING THE MEETING.

AGENDA

COUNCIL MEMBER O'NEILL, COUNCIL MEMBER TRAN, COUNCIL

MEMBER DOVINH, COUNCIL MEMBER KLOPFENSTEIN, COUNCIL
MEMBER K. NGUYEN, MAYOR PRO TEM BRIETIGAM, MAYOR JONES

INVOCATION

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF

AMERICA

1. PRESENTATIONS

1.a. Community Spotlight in recognition of David Skelton and Janice Skelton for being named Cypress College 2023 Americana
Awards' Garden Grove Citizens of the Year.

2. ORAL COMMUNICATIONS (to be held simultaneously with other legislative bodies)
RECESS

CONDUCT OTHER LEGISLATIVE BODIES' BUSINESS

RECONVENE

3. CONSENT ITEMS
(Consent Items will be acted on simultaneously with one motion unless separate discussion and/or action is requested by a Council Member .)

3.a. Adoption of a Resolution of Commendation in recognition of David Skelton and Janice Skelton for being named Cypress College 2023 Americana Awards' Garden Grove Citizens of the Year. (Action Item)

3.b. Adoption of a Proclamation celebrating April as Arab American Heritage Month. ( Action Item)

3.c. Adoption of a Proclamation recognizing April as Fair Housing Month. (Action Item)

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3.d. Adoption of a Proclamation recognizing Black April Month. (Action Item)

3.e. Adoption of a Proclamation recognizing April as Sexual Assault Awareness Month. ( Action Item)

3.f. Rejection of all construction bids and authorization to re-advertise a bid for the Central Cities Navigation Center Project
Construction. ( Action Item)

3.g. Acceptance of Project No. 02-2022 – Main Street Electrical Project as complete. ( Action Item)

3.h. Approval of the proposed Fiscal Year 2023-24 West Orange County Water Board Cost Sharing Budget. ( Action Item)

3.i. Approval of out-of-state travel to attend the Innovating Commerce Serving Communities (ICSC) 2023 Las Vegas
Conference, at the Las Vegas Convention Center from May 21, through May 23, 2023. (Cost Estimate: $10,000) ( Action Item)

3.j. Authorize the issuance of a purchase order for new fitness equipment for Magnolia Park to Greenfields Outdoor Fitness, Inc. ($68,428.68) (Action Item)

3.k. Receive and file minutes from the meeting held on February 14, 2023. (Action Item)

4. ITEMS FOR CONSIDERATION

4.a. Award a contract to Michael Baker International for the preparation of the California Environmental Quality Act (CEQA) compliance documents for the Civic Center Project. (Cost:
$331,051) (Action Item)

4.b. Award a contract for the Civic Center Bridge and Landscape Renovation Project IFB No. S-1302-A to RG General Engineering, Inc. (Cost: $361,324) ( Action Item)

4.c. Award of contracts for on-call professional geotechnical services for capital improvement projects to: Associated Soils
Engineering; GMU Geotechnical; and Geocon West. (Cost:
$400,000 each contract) (Action Item)

5. MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY

MANAGER

6. ADJOURNMENT
The next Regular City Council Meeting is scheduled on Tuesday, April 11, 2023, at 5:30 p.m. in the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California 92840.

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Agenda Item - 3.a.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Ana Pulido
Dept.: City Manager Dept.: Community Relations
Subject: Adoption of a Resolution of
Commendation in recognition
of David Skelton and Janice
Skelton for being named
Cypress College 2023
Americana Awards' Garden
Grove Citizens of the Year.
(Action Item)
Date: 3/28/2023
Attached is a Resolution of Commendation in recognition of David Skelton and Janice Skelton for being named Cypress College 2023 Americana Awards' Garden Grove Citizens of the Year, recommended for adoption.

ATTACHMENTS:

Description Upload Date Type File Name
Resolution 3/22/2023 Resolution David_and_Janice_Skelton_Resolution.pdf

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Resolution
David Skelton and Janice Skelton
Garden Grove Citizens of the Year
Cypress College 2023 Americana Awards
WHEREAS, David and Janice Skelton’s meaningful work in the community has earned them the prestigious title of Garden Grove Citizens of the Year from the Cypress College 2023 Americana Awards; and
WHEREAS, Married for 18 years, David and Janice have dedicated their lives to volunteerism and service to Garden Grove for many years. They are both involved with the Garden Grove Chamber of Commerce, the Garden Grove Elks Lodge, the Garden Grove Emblem Club, the Garden Grove Strawberry Festival Association, and the Miss Garden Grove Pageant; and
WHEREAS, David is a supporter of the Garden Grove Chamber of Commerce and Janice has been a board member of the Women’s Division of the Garden Grove Chamber of Commerce for fifteen years and has served as secretary for nine years. Both David and Janice received the Silver Spoon Award for their community involvement and volunteerism; and WHEREAS, David is a longtime member of the Garden Grove Elks Lodge No. 1952, where he served as president in 2005 and received the Elk of the Year Award in 2019. David has been instrumental in many projects such as helping establish bingo to raise funds for the community and coordinating the Christmas Basket Program to help support over 200 local families during the holiday season; and
WHEREAS, Janice has been a member of the Garden Grove Emblem Club #279 for over forty years, where she served as president in 2021. Through her involvement with fundraising events, she has been able to donate over $25,000 to local organizations like H.O.P.E. and the Gem Theater; and WHEREAS, David and Janice’s humanitarian, philanthropic, and partnership efforts with the community and the City of Garden Grove go beyond words and is further exemplified by their selection as this year’s Cypress College 2023 Americana Awards’ Garden Grove Citizen of the Year.

NOW, THEREFORE, BE IT RESOLVED, that the City of Garden Grove does hereby commend the achievements of David Skelton and Janice Skelton, and their meritorious recognition as the Cypress College 2023 Americana Awards’ Garden Grove Citizen of the Year.

March 28, 2023

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Agenda Item - 3.b.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Teresa Pomeroy
Dept.: City Manager Dept.: City Clerk
Subject: Adoption of a Proclamation
celebrating April as Arab
American Heritage Month.
(Action Item)
Date: 3/28/2023
Attached is a Proclamation celebrating April as Arab American Heritage Month recommended for adoption.

ATTACHMENTS:

Description Upload Date Type File Name
Proclamation 3/21/2023 Proclamation 3-28-
23_Arab_American_Heritage_Proclamation.pdf

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PROCLAMATION
PROCLAIMING THE MONTH OF APRIL 2023

AS ARAB AMERICAN HERITAGE MONTH

WHEREAS, f or over a century, Arab Americans have been making valuable contributions to virtually every aspect of American society, including art, medicine, law, business, technology, government, architecture, literature, and culture; and
WHEREAS, since migrating to the United States, men and women of Arab descent have shared their rich culture and traditions with neighbors and friends, while also setting fine examples of model citizens and public servants; and
WHEREAS, Arab Americans have also enriched our society by embracing the American spirit of opportunity that makes our nation free and prosperous; and
WHEREAS, issues currently affecting Arab Americans, such as civil rights abuses, harmful stereotyping, harassment, and bullying, can be combatted by education and awareness; and
WHEREAS, Arab Americans join all Americans in the desire to see a peaceful and diverse society, where every individual is treated equally and feels safe; and
WHEREAS, t he immense contributions and heritage of Arab Americans have helped us build a better nation.

NOW, THEREFORE, BE IT PROCLAIMED, by the Garden Grove City Council that the City celebrates the countless contributions that Arab Americans have made to American society and the City of Garden Grove, therefore hereby proclaims the month of April 2023 to be Arab American Heritage Month in Garden Grove.

March 28, 2023

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Agenda Item - 3.c.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Teresa Pomeroy
Dept.: City Manager Dept.: City Clerk
Subject: Adoption of a Proclamation
recognizing April as Fair
Housing Month. ( Action
Item)
Date: 3/28/2023
Attached is a Proclamation recognizing April as Fair Housing Month in Garden Grove recommended for adoption.

ATTACHMENTS:

Description Upload Date Type File Name
Proclamation 3/21/2023 Proclamation 3-28-23_Proclamation_- _Fair_Housing_Month.pdf

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PROCLAMATION
Fair Housing Month

WHEREAS, One of the greatest freedoms enjoyed by Americans is the freedom to live in a home of one’s choice; and
WHEREAS, This promise made to us by the Nation’s Fair Housing Law which requires that all people be treated equally in connection with sale or rental of housing, regardless of race, color, national origin, sex, gender identity, disability, sexual orientation, marital status, age, familial status or religion; and
WHEREAS, This year marks the 55th anniversary of the Federal Fair Housing Act, the original legislation targeting the elimination of housing discrimination in America; and
WHEREAS, Since the adoption of the fair housing legislation in April 1968, April has been designated Fair Housing Month. Each year the U.S. Department of Housing and Urban Development and the Fair Housing Foundation organize events and activities during this month to focus attention on the issue of equal opportunity in housing; and
WHEREAS, April is Fair Housing Month throughout the nation, we are asking each resident of the City of Garden Grove to support efforts to put into practice the principles of freedom, justice and equality upon which this great nation was founded.

NOW THEREFORE BE IT PROCLAIMED that April 2023 is Fair Housing Month in Garden Grove.

March 28, 2023

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Agenda Item - 3.d.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Teresa Pomeroy
Dept.: City Manager Dept.: City Clerk
Subject: Adoption of a Proclamation
recognizing Black April
Month. (Action Item)
Date: 3/28/2023
ATTACHMENTS:

Description Upload Date Type File Name
Proclamation 3/21/2023 Proclamation 3-28-
23_Black_April_Memorial_Month_Resolution.pdf

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PROCLAMATION

PROCLAIMING THE MONTH OF APRIL

AS BLACK APRIL MEMORIAL MONTH

WHEREAS, April 30, 2023, marks the 48th anniversary of the fall of Saigon on April 30, 1975, to communism; and
WHEREAS, For many Vietnam and Vietnam-era veterans who were directly involved in the war and Vietnamese Americans who have settled in the United States, the Vietnam War was a tragedy full of great suffering and the loss of American, Vietnamese, and Southeast Asian lives; and WHEREAS, Fifty-eight thousand one hundred sixty-nine Americans were killed and 304,000 were wounded out of the 2.59 million people who served in the Vietnam War. One out of every ten Americans who served in Vietnam became a casualty of war; and
WHEREAS, The Vietnam War resulted in the deaths of 250,000 South Vietnamese soldiers and two million Vietnamese civilians; and
WHEREAS, After the fall of Saigon, over 135,000 Vietnamese people and their families fled to the United States, including former military personnel, government officials, and those who had worked for the United States during the war; and
WHEREAS, Hundreds of thousands of people took boats in order to leave Vietnam in the late 1970s to mid-1990s. The successful emigrants reached refugee camps in Thailand, Malaysia, Indonesia, the Philippines, and Hong Kong; while approximately one-half of the people fleeing Vietnam perished at sea; and
WHEREAS, Human rights, religious freedom, democracy, and protection against threats of aggression are important concerns of Vietnamese Americans; and
WHEREAS, We must teach our children and future generations important lessons from the Vietnam War, including how the plight of the Vietnamese refugees following the end of war serves as a powerful example of the values of freedom and democracy; and
WHEREAS, We, should actively rededicate ourselves to the principles of human rights, individual freedom, sovereignty, and equal protection under the laws of a just and democratic world. We should set aside moments of time every year on April 30 to give remembrance to the soldiers, medical personnel, and civilians who died during the Vietnam War in pursuit of freedom; and

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WHEREAS, Vietnamese American communities throughout California will commemorate April 30, 2023, as Black April, a day of remembrance and rededication to the principles of freedom, including freedom of expression, freedom of press, and internet freedom;
NOW, THEREFORE, BE IT PROCLAIMED, by the Garden Grove City Council, that in recognition of the great tragedy and suffering and lives lost during the Vietnam War, the month of April 2023 shall be proclaimed as Black April Memorial Month, a special time for citizens to remember the countless lives lost during the Vietnam War era, and to hope for more justice and liberty for the people of Vietnam.

March 28, 2023

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Agenda Item - 3.e.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Teresa Pomeroy
Dept.: City Manager Dept.: City Clerk
Subject: Adoption of a Proclamation
recognizing April as Sexual
Assault Awareness Month.
(Action Item)
Date: 3/28/2023
Attached is a Proclamation recognizing April as Sexual Assault Awareness Month, recommended for adoption.

ATTACHMENTS:

Description Upload Date Type File Name
Proclamation 3/21/2023 Proclamation 3-28-23_SAAM.pdf

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Proclamation

APRIL 2023 SEXUAL ASSAULT AWARENESS MONTH

WHEREAS, Sex ual Assault Awareness Month (SAAM) calls attention to the fact that sexual violence is widespread and impacts millions of adults, teenagers, and children; and

WHEREAS, the goal of Sexual Assault Awareness Month is to raise public awareness about sexual violence and educate communities on how to prevent it; and

WHEREAS, rape, sexual assault, and sexual harassment harm our community, and statistics show that one out of every six American women have been victims of attempted or completed rape, and one out of every ten men; and

WHEREAS, child sexual abuse prevention must be a priority to confront the reality that what is reported is that one in nine girls and one in 53 boys under the age of 18 experience sexual abuse or assault at the hands of an adult; and

WHEREAS, sex ual assault affects individuals across all ages, abilities, sexual orientations, gender identities, and of all racial, social, religious, ethnic, and economic backgrounds; and

WHEREAS, the National Sexual Violence Resource Center is promoting thirty days of SAAM with this year’s theme “Drawing Connections: Prevention Demands Equity”; and

WHEREAS, Together we can make a difference to educate people about prevention, to promote the safety of others, and to show survivors they are believed and supported.

NOW, THEREFORE, BE IT PROCLAIMED, by the Garden Grove City Council that the City of Garden Grove recognizes April 2023 as Sexual Assault Awareness Month and hopes that each day of the month and year is an opportunity to create change for the future.

March 28, 2023

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Agenda Item - 3.f.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Omar Sandoval
Dept.: City Manager Dept.: City Attorney
Subject: Rejection of all construction
bids and authorization to re-
advertise a bid for the
Central Cities Navigation
Center Project Construction.
(Action Item)
Date: 3/28/2023

OBJECTIVE
For the City Council to reject all bids and authorize re-advertising of a bid for the Central Cities Navigation Center Project.

BACKGROUND
On February 6, 2023, the City advertised for a bid to develop and construct the Central Cities Navigation Center at 13871 West Street. Two bids were received on March 20, 2023, in the sums of $4,884,972.00 and $6,935,000.00.

DISCUSSION
Both bids received have irregularities and may lead to protests. Staff recommends the rejection of all bids received and the re-advertisement of the project The bid documents and Public Contracts Code 20166 authorize the City Council to reject all bids and re-advertise.

FINANCIAL IMPACT
The financial impact for rejecting all bids and re-advertising the project is minimal.

RECOMMENDATION
It is recommended that the City Council:

Reject all bids received on Monday, March 20, 2023 for the Central Cities Navigation Center Project; and

Authorize staff to re-advertise the project.

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•
•

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Agenda Item - 3.g.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Craig Beck
Dept.: City Manager Dept.: Community and Economic
Development
Subject: Acceptance of Project No.
02-2022 – Main Street
Electrical Project as
complete. (Action Item)
Date: 3/28/2023

OBJECTIVE
For City Council to accept Project No. 00-2022, Main Street Electrical Project, as complete and authorize City Manager to execute the Notice of Completion of Public Improvement and Work.

BACKGROUND
On July 12, 2022, a construction contract was awarded to Select Electric, Inc. for public improvements to install a power source for the new tree lights for the commercial area and electrical stations for Main Street special events. The project was located on Main Street between Garden Grove Boulevard and Acacia Parkway as well as, the Pecor Plaza.

DISCUSSION
The contractor, Select Electric, Inc., has completed the work in accordance with the plans, specifications, contract, and other related documents.

FINANCIAL IMPACT
Funding was provided by the Small Business Relief Program Grant funds awarded to the Garden Grove Community Foundation, and general funds included in the Economic Development operational budget.

RECOMMENDATION
It is recommended that the City Council:

Accept the Main Street Electrical Project No. 00-2022 as complete;

Authorize the City to Manager to execute the Notice of Completion of Public

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•
•
Works Improvements and Work, and

Authorize the Finance Director to release the retention payment when appropriate to do so.

By: Paul Guerrero, Sr. Real Property Agent
ATTACHMENTS:

Description Upload Date Type File Name
Notice of Completion 3/21/2023 Notice
City_of_Garden_Grove_-
_Select_Electric__Inc_-
_Notice_of_Completion_-
_March_28__2023.pdf

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•

RECORDING REQUESTED BY

When Recorded Mail To:

City Clerk This document is exempt from
City of Garden Grove payment of recording fee pursuant
P. O Box 3070 to Section 27383 of the Government
Garden Grove, CA 92842 Code. By:

NOTICE OF COMPLETION

OF PUBLIC IMPROVEMENT AND WORK

NOTICE IS HEREBY GIVEN that the City of Garden Grove , Orange County, California, has caused an electrical project, to wit:

PROJECT NO. 02-2022
Main Street Electrical Project No. 02-2022

Notice is hereby given by the undersigned that the Main Street Electrical Project No. 02- 2022 has been completed. The contract for furnishing of all labor, services, materials, equipment, transportation, and installation, and performing all work necessary to construct and complete, in a good and workmanlike manner in strict accordance with the specifications and drawings therefore on file in the office of the City Clerk of the City of Garden Grove, for the construction, installation, and completion of the above-described public improvement and work, was heretofore made and entered into with Select Electric, Inc., on the 12th day of July, 2022, and filed for record in the office of the City Clerk of the City of Garden Grove; that the work upon said public improvement has been completed, and that the City Staff has notified the City Council that City Staff has made and completed a final inspection of the materials furnished and the work performed in the construction, installation, and completion of said public improvement hereinabove more particularly described and set forth, and has certified in writing to the City Council that all the provisions of the contract and contract documents for the furnishing of all labor, services, materials, equipment, transportation, installation, and the performing of all work necessary for the construction, installation, and completion of said public improvement project above described have been fully complied with to City Staff satisfaction as required by the contract document; that final acceptance of the construction, installation, and completion of said public improvement project above described was made on the 28th day of March 2023; that the nature of the title to said property of said City of Garden Grove is as follows: That is to say, it owns said improvement in fee upon which it was constructed of said public improvement and work hereinabove described and the use thereof after said completion; that the property hereinabove referred to and on which said public improvement is situated is described as follows, to wit:

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PROJECT NO. 02-2022
Main Street Electrical Project No. 02-2022

NAME OF SURETY on Labor and Material Bond is: FIDELITY AND DEPOSIT COMPANY OF

MARYLAND
ATTENTION:
1299 ZURICH WAY, 5TH FLOOR
SCHAUMBURG, IL 60196-1056
Tel. No. (213) 270-0715

DATED this day of 20

CITY OF GARDEN GROVE

By
Lisa L. Kim
City Manager
ATTEST:

By
Teresa Pomeroy
City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE

I am the Director of Community and Economic Development Department.

I have read the foregoing Notice of Completion of Public Improvement and Work, and know the contents thereof; and I certify that the same is true of my own knowledge, except as to those matters, which are therein stated upon my information or belief, and as to those matters I believe to be true.

I certify (or declare), under penalty of perjury, that the foregoing is true and correct.

Executed on March 28, 2023 at Garden Grove , California (Date) (Place)

Craig Beck
Director of Community and Economic
Development Department

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Agenda Item - 3.h.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Approval of the proposed
Fiscal Year 2023-24 West
Orange County Water Board
Cost Sharing Budget.
(Action Item)
Date: 3/28/2023

OBJECTIVE
To receive City Council approval of the West Orange County Water Board Fiscal Year 2023-24 proposed cost sharing budget for operational expenses and cathodic protection system (CP) project cost.

BACKGROUND
The West Orange County Water Board (WOCWB) is a joint powers authority created in 1967 by the cities of Garden Grove, Huntington Beach, Seal Beach, and Westminster for the purpose of maintenance and operation of shared water transmission lines for imported water. One of the connections is located near Bolsa/Newland and is referred to as OC-9. The other connection is located near Westminster/Willow and is referred to as OC-35.

Of those shared water transmission lines, the OC-9 and OC-35 transmission lines require life extension, as each pipeline is 64 years and 56 years old respectively. The average lifespan of a cement lined and coated steel pipeline ranges between 70-80 years. The options to ensure that water service to member agencies would continue into the future would be to replace the pipelines in 10 to 20 years at a cost of $50 million or install a CP at a cost of $8 million. On March 18, 2020, the WOCWB voted to proceed with the installation of a CP, which is also the most cost effective solution.

DISCUSSION
The joint powers agreement requires that the WOCWB prepare a proposed annual budget and that each of the contracting public agencies approve the budget before its adoption. The total WOCWB budget for fiscal year 2023-24 is $1,557,000 for operational expenses and capital costs. A table showing the annual breakdown by agency is included as an attachment.

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The WOCWB estimates that OC-9 will cost $3.8 million for a CP and OC-35 would cost $4.2 million for a CP. Due to these costs, WOCWB staff is recommending that the member agencies make an annual payment to a special fund over an eight-year period in order to finance both projects. The WOCWB would accumulate funds for OC-9 based on agency ownership share for the first four years, with design to begin in year three and construction in year four. Similarly, the WOCWB would accumulate funds for OC-35 in years five through eight, with design in year seven and construction in year eight.

FINANCIAL IMPACT
The City of Garden Grove Water Services Division share is set at 4.2 percent of the total operational expenses and CP project cost and amount for an annual total of $45,444. There is no impact to the General Fund. This will be funded by the Water Enterprise Fund.

RECOMMENDATION
It is recommended that the City Council:

Approve the West Orange County Water Board Fiscal Year 2023/24 proposed cost sharing budget for operational expenses and cathodic protection system project cost.

By: Samuel Kim, Water Services Manager

ATTACHMENTS:

Description Upload Date Type File Name
Budget 2/28/2023 Backup Material WOCWB_FY_23-
24_Budget.pdf

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•

WEST ORANGE COUNTY WATER BOARD
PROPOSED FISCAL YEAR 2023/24 BUDGET
January 10, 2023
FY 22/23
Approved
FY 23/24
Proposed

ACCOUNT NUMBER ACCOUNT DESCRIPTION

OPERATING EXPENSES
50885101.61200 Electricity $4,500 $4,500
50885101.64620 Contracts for Repairs and Maintenance $30,000 $30,000 PLC Design for SCADA $25,000 $25,000
Vault (2) Refurbishment $20,000 $0
50885101.69345 Auditing $5,500 $5,500
50885101.69375 Attorney Fees $2,500 $2,500
50885101.73010 General/Liability Insurance $9,500 $9,500 50885101.75400 Board Stipend Expense $2,500 $2,500 50885101.79100 Contingency $2,500 $2,500
50885101.82100 Cathodic Protection $1,000,000 $1,000,000 OPERATING EXPENSES $1,102,000 $1,082,000

NON OPERATING EXPENDITURES
50885102.88010 Debt Service1
$525,000 $475,000

TOTAL $1,627,000 $1,557,000
50885103.82100 Cathodic Protection Design2 $0 $300,000
1Cities of Huntington Beach and Seal Beach for OC-35 realignment project loan 2 Cathodic Protection Design Funds will come from funds already collected for the project beginning in FY 2020-21, including the current request, and will not increase the total budget request of $1,557,000

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FISCAL YEAR 2023/24 PROPOSED BUDGET

AGENCY CONTRIBUTIONS
January 10, 2023

ACCOUNT NUMBER AGENCY OWNERSHIP

PERENTAGE
FY 23/24 COST
50800508.46610 Huntington Beach 56.1 $607,002
50800508.46620 Garden Grove 4.2 $45,444
50800508.46630 Seal Beach 14.3 $154,726
50800508.46640 Westminster 25.4 $274,828
Totals 100.0 $1,082,000
50800508.46610 Huntington Beach 56.1 $418,372
50800508.46620 Garden Grove* 4.2 $0
50800508.46630 Seal Beach 14.3 $56,628
50800508.46640 Westminster* 25.4 $0
Totals 100.0 $475,000
50800508.46610 Huntington Beach 56.1 $1,025,374
50800508.46620 Garden Grove* 4.2 $45,444
50800508.46630 Seal Beach 14.3 $211,354
50800508.46640 Westminster* 25.4 $274,828
Total Budget $1,557,000
Operating Budget (Including Cathodic Protection)
Fifth Year OC-35 Relocation Project Loan Payment
Total Adopted Budget
*Garden Grove and Westminster have paid off their portions of the loan

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Cathodic Protection Program Timeline
FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY25/26 FY26/27 FY 27/28 Total Total Member Agency Contribution $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $8,000,000 OC-9 Design -$300,000 -$300,000
OC-9 Construction1
-$3,500,000 -$3,500,000
OC-35 Design -$300,000 -$300,000
OC-35 Construction1
-$3,900,000 -$3,900,000
1 Design and Contruction cost estimates were made when the program was proposed in the FY 20/21 budget. Costs are anticipated to increase due to recent inflation. A more accurate estimate will be available after the OC-9 design is complete.

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Agenda Item - 3.i.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa Kim From: Craig Beck
Dept.: City Manager Dept.: Community & Economic
Development
Subject: Approval of out-of-state
travel to attend the
Innovating Commerce
Serving Communities (ICSC)
2023 Las Vegas Conference,
at the Las Vegas Convention
Center from May 21, through
May 23, 2023. (Cost
Estimate: $10,000) ( Action
Item)
Date: 3/28/2023

OBJECTIVE
For the City Council to approve out-of-state travel to attend the Innovating Commerce Serving Communities (ICSC) 2023 Las Vegas Conference, at the Las Vegas Convention Center from May 21, through May 23, 2023. (Cost Estimate:
$10,000) (Action Item)

BACKGROUND
Founded in 1957, ICSC is the global convention for the shopping center industry and provides networking, dealmaking and educational opportunities for retail and real estate professionals from around the world. Its more than 70,000 members in over 100 countries include shopping center owners, developers, managers, investors, retailers, brokers, academics, and public officials.

DISCUSSION
At the ICSC 2023 Las Vegas Conference, the City will have the opportunity to meet with active members and take advantage of networking, deal making and education opportunities. The convention typically features approximately 1,000 exhibiting companies in various aspects of real estate development.

Page 26 of 346 ends

Attendance at this convention will allow the City’s Office of Economic Development team to explore economic, marketing and promotional conditions affecting the retail and commercial industry. Promoting and marketing the City of Garden Grove to industry retail representatives and developers remains a priority. As an exhibitor, the City will maximize its opportunity to meet with key players in the shopping center, hospitality and housing development arenas. In addition, by attending the convention, staff will meet with potential developers by canvassing the tradeshow floor.

Due to Brown Act concerns, a limit of three (3) Council Members may attend the convention. With the ICSC 2023 Las Vegas Conference two months away, staff will soon have to register and make travel arrangements for the Council Members who will attend. Although staff will host the exhibit booth for the duration of the convention, which ends on Tuesday, May 23, 2023, City Council Members have the option to return sooner.

FINANCIAL IMPACT
There is no financial impact to the General Fund, and travel expenses have been budgeted for Fiscal Year 2023-2024.

RECOMMENDATION
It is recommended that the City Council:

Approve the out-of-state travel for up to three Council Members and six staff to attend the ICSC 2023 Las Vegas Conference at the Las Vegas Convention Center Sunday, May 21, 2023 through Tuesday, May 23, 2023.

By: Grace Lee, Project Manager

Page 27 of 346 ends

•
Agenda Item - 3.j.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: John Montanchez
Dept.: City Manager Dept.: Community Services
Subject: Authorize the issuance of a
purchase order for new
fitness equipment for
Magnolia Park to Greenfields
Outdoor Fitness, Inc.
($68,428.68) (Action Item)
Date: 3/28/2023

OBJECTIVE
To request City Council authorization to purchase fitness equipment from Greenfields Outdoor Fitness Inc., through the Sourcewell competitive bid program, Contract #010721-GRN.

BACKGROUND
The replacement of the fitness equipment at Magnolia Park is part of the capital improvement priorities outlined in the 2019 Parks and Facilities Master Plan.

Experience has shown that the City’s buying power is enhanced through joining with other public agencies to purchase this type of equipment

DISCUSSION
Sourcewell solicits, evaluates, and awards contracts to companies through a competitive bid process. As a member of Sourcewell, the City is able to utilize Sourcewell bid awards for equipment purchases. Staff recommends to purchase this playground equipment through this competitive bid program, Contract #010721-GRN for Greenfields Outdoor Fitness Inc.

FINANCIAL IMPACT
There is no impact to the General Fund. The total amount of $68,428.68 will be

Page 28 of 346 ends

funded by the Prop 68 Per Capita grant of the 2018 Park Bond Act.

RECOMMENDATION
It is recommended that the City Council:

Authorize the Finance Director to issue a purchase order to Greenfields Outdoor Fitness Inc., in the amount of $68,428.68, for the purchase of playground equipment for Magnolia Park.

By: Mark Freeman, Recreation Supervisor
ATTACHMENTS:

Description Upload Date Type File Name
GreenFields Equipment
Estimate 3/17/2023 Backup Material
Estimate#22322_-_CA_-
_Garden_Grove_-
_Magnolia_Park_V8_-
_Sourcewell.pdf
Greenfields presentation 3/17/2023 Backup Material
CA-Garden_Grove-
Magnolia_Park-V8_-
_Presentation.pdf
GreenFields Sourcewell
Contract 3/17/2023 Backup Material Greenfields_Contract_010721_- _sourcewell.pdf

Page 29 of 346 ends

•
2617 West Woodland Drive
Anaheim, CA 92801
Phone: 888-315-9037
Fax: 866-308-9719
Email: [email protected]
Greenfields Outdoor Fitness,Inc
Estimate
Order # Date
S22322 01/23/2023
Magnolia Park
City of Garden Grove
11222 Acacia PArway
Garden Grove, CA 92842 Contact: Magnolia Park
Ship To:Bill To:

Magnolia Park
11402 Magnolia Street
Garden Grove, CA 92842
Customer: Magnolia Park
Sales Rep Payment Terms FOB Point Carrier Date Scheduled SM NET 30 Origin Freight 01/23/2023
Item
# Number Description Color Unit Price Qty Total Price
1 Sourcewell
Contract #
Sourcewell Contract# 010721-GRN
City of Garden Grove Sourcewell Member ID#32278
$0.00 1 ea $ 0.00
2 2023 Design V8 Rev1 - 2023-01-23
3 UBX217-01 Squat (adjustable resistance) Green $5,995.00 1 ea $ 5,995.00 4 UBX222-01 Tai-Chi (with resistance) Green $2,495.00 1 ea $ 2,495.00 5 UBX223-01 Sit-Up Bench Green $2,695.00 1 ea $ 2,695.00 6 UBX244-01 Tricep Press (adjustable resistance) Green $5,995.00 1 ea $ 5,995.00 7 UBX247-01 Vertical Press (adjustable resistance) Green $5,995.00 1 ea $ 5,995.00 8 UBX248-01 Shoulder Press (adjustable resistance) Green $5,995.00 1 ea $ 5,995.00 9 UBX289-01 Upright Bike (with resistance) Green $2,595.00 1 ea $ 2,595.00 10 UBX290-01 Rower (adjustable resistance) Green $5,995.00 1 ea $ 5,995.00 11 UBX293-01 Bench Press (adjustable resistance) Green $5,995.00 1 ea $ 5,995.00 12 UBX298-01 Leg Extension & Curl (adjustable resistance) Green $5,995.00 1 ea $ 5,995.00 13 ACCESSIBLE FITNESS AREA
14 UBX244W-01 Accessible Tricep Press (adjustable resistance) Green $5,995.00 1 ea $ 5,995.00 15 UBX248W-01 Accessible Shoulder Press (adjustable resistance) Green $5,995.00 1 ea $ 5,995.00 16 SGR105-01 Customized Announcement Sign (formerly SGR2005- 1-105)
Green $1,795.00 2 ea $ 3,590.00
17 Subtotal $ 65,330.00
18 Sourcewell
Member
Discount
Sourcewell Member Discount -$ 4,573.10
19 On-Site
Supervision
On-Site Warranty Inspection & Supervision $1,250.00 1 ea $ 1,250.00 20 Shipping &
Handling
Ships in large crates - forklift is needed to unload $1,500.00 1 ea $ 1,500.00 21 SM Installation All units are Surface Mount installation method, installation NOT included and done by others
$0.00 1 ea $ 0.00

Page 1 ends

Page 30 of 346 ends

I I I
I II 1111111111111111
2617 West Woodland Drive
Anaheim, CA 92801
Phone: 888-315-9037
Fax: 866-308-9719
Email: [email protected]
Greenfields Outdoor Fitness,Inc
Estimate
Order # Date
S22322 01/23/2023
Total:

Subtotal:

Sales Tax:
$63,506.90
$4,921.78
$68,428.68

Page 2 ends

Prices are valid for 60 days from the Estimate date.

CUSTOMER APPROVAL: I hereby approve this order, the item selection, color selection, and overall Terms & Conditions. I understand should collection of this agreement become necessary, I agree to pay all collection fees and attorney fees/ court costs, etc. The undersigned customer authorizes Greenfields to ship tems on this estimate and pay Greenfeilds the amount specified per payment terms listed on this estimate.

Approval signature: :_______________________________ Date:_____________ Signed by (print name) ________________________________________________ Page 31 of 346 I I I
I II 1111111111111111
Magnolia Park
Garden Grove, CA
Version8 Rev1 2023-01-23
Proposed Fitness Zone
Magnolia Park

Page 32 of 346 ends

Greenfields
Outdoor Fitness ®
Why Greenf elds Outdoor Fitness?
It’s never been more important to get everyone in the community exercising! Since 2007, Greenfelds Outdoor Fitness has led the way in creating fun, interactive ex
ercise areas available to the public 24/7.

FITNESS FOR YOUR COMMUNITY There’s no one-size-fits-all approach to fitness! We specialize in making sure that everyone – from teens to adults to seniors, and even people in wheelchairs – can exercise on equipment that’s suited to their needs. By helping people overcome the obstacles in their journey to becoming healthier, Greenfields is improving the quality of life for people across the world.

CUSTOMIZE IT!
Need to modify
one of our
packages to your
project’s needs?
Our design team
is ready to help.

Looking for
custom colors?
Just let us know
what you need.

PEACE OF MIND Our industry-leading warranty means you
should expect no out-of-pocket maintenance costs for at least the first five years. Greenfields’ equipment in installed across the U.S. from Alaska to Miami, and even overseas. In case of any issues, our expert support team is just a phone call away.

IN THIS PRESENTATION
Introducing the

GREENFIELDS OUTDOOR FITNESS
APP!
see page 14 for details
888-315-9037 | www.greenfeldsftness.com
Proposed Design
Unit Selection
Project Layout
Unit Details
Signage
Installation & Maintenance
Warranty
3-5
6 7-8
9-11
12-13
15-16
17 IN THIS PRESENTATION

Page 33 of 346 ends

Find outdoor fitness
equipment near me.
9 3
888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

Before you begin installation, please contact Greenfields at (888) 315-9037 or [email protected] for up to date installation instructions. This presentation has been designed for printing on tabloid (11”x17”) sized paper.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - Garden Grove - Magnolia Park
VERSION8 REV1 - 2023-01-23

Page 34 of 346 ends

GARDEN GROVE
4 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - Garden Grove - Magnolia Park
VERSION8 REV1 - 2023-01-23

Page 35 of 346 ends

GARDEN GROVE
5 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - Garden Grove - Magnolia Park
VERSION8 REV1 - 2023-01-23

Page 36 of 346 ends

GARDEN GROVE
/ ·----
6 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - Garden Grove - Magnolia Park
VERSION8 REV1 - 2023-01-23

PROPOSED EQUIPMENT LEGEND
UBX217
UBX222
UBX223
UBX244
UBX244W
UBX247
UBX248
UBX248W
UBX289
UBX290
UBX293
UBX298
SGR105
A
B
C
D
E
F
G
H
I
J
K
L
M
These 12 units may serve up to 12 people at a time.

Squat
Tai-Chi
Sit-Up Bench
Tricep Press
Accessible Tricep Press
Vertical Press
Shoulder Press
Accessible Shoulder Pressel
Upright Bike
Rower
Bench Press
Leg Extension & Curl
Customized Announcement Sign
C
E
L
G
J
H
D
I
A
K
B
M
F
M

Page 37 of 346 ends

GARDEN GROVE
-l
,i/
7 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - Garden Grove - Magnolia Park
VERSION8 REV1 - 2023-01-23
20'
13'-2"
13'-2"
13'-2"
13'-2"
13'-2"
13'-2"
13'-2"
13'-2"
10'
13'-2"
10'
10'
10'20'
53'-10"
78'-7"
53'-10"
DATE DRAWING # INITIALS

Page 38 of 346 ends

GARDEN GROVE
r
le) g!t!!l!lf!!!.!

THIS OUTDOOR F ITNESS EQUIP MENT
I S DES I GNED FOR AGES 14 AND UP
UNL ESS OTHER\./ I SE NOTED ON THE
PL AN.

IT I S T HE □ P I N I □ N □ F THE

MANUFACTURER THAT THIS OUTDOOR
FIT NESS AREA C ONFORMS TD A . D A .

ACCESSIBI LIT Y STANDARDS,
ASSUM IN G AN A. D. A. ACCESSIB LE
COMPLI ANT SURFACI NG IS USED.

THI S CONCEPTUAL PLA N WAS CREATED

BASED ON THE I NFORMATIO N

AVAI LABLE TO US PR IDR TO
CONSTRUCT! ON, DETAILED SITE

I NFORMAT IO N INCLUD I NG SIT E

DIMENSIONS , TOPOGRAPHY, EXIS TI NG

UT I LI TI ES, SOI L CONDIT IONS, AND

DRA INAGE SOL UT IONS SHOULD BE

OBTAINED , EVALUATED, AND

UTILI ZED I N THE F I NAL DESIG N

PL EASE VERI F Y ALL THE DI MENSION S
OF THE OUTDOOR FlTNESS EQUI PMENT

AREA, SIZE, OR I ENTATION, AND

LOCATI ON OF ALL EXI STI NG

UTILI TIES , EQUIPMENT, AND SITE
FURNI SHIN GS PR IOR TO ORDERI NG.

FDR THE NEED □F FALL- ATTENUAT ING

SURFACI NG, PL EASE CONSULT YOUR

PROJ ECT MANAGER,

TOTAL AREA I N SQUARE
FEET □ F SURFACI NG IS
--- SQ FT
DESIGNED BY:

AR
COP'!'RI GHT1 0 1/ 23/ 22

GREENF I ELDS OUTDOOR FITNE SS, I NC
25 17 W. \.IDODLAND DR
ANAHE[M, CA 92801
PH 888- 3 15-9037 FAX, 866-308-9 719
Mo_ g no l o_ Pur'k V. 8 Re v , 1
Go.r-de n Grove, CA
'
8 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - Garden Grove - Magnolia Park
VERSION8 REV1 - 2023-01-23
13'-2"
20'
13'-2"
13'-2"
13'-2"
13'-2"
13'-2"
13'-2"
13'-2"
13'-2"
53'-10"
20'
DATE DRAWING # INITIALS

Page 39 of 346 ends

•· t:Xl~I.

TREE
ST.GRASS
fECT IN PLACE-r---
l'lt:vv nut'! I c:;n 1-~u
180° & 90° POPUP

ROTORS W/ TRIPLE

SWINIG JOINTS

LIMIT OF
- - EXIST. GRASS

PROTECT IN PLACE--
§ /1""-;;?;"'tl±:~ _J____?'~~ ~ : ;~~;;::- r--t-- -:----x, n --,... _ RETE PAVING --

GARDEN GROVE
t ~~ ; ~ ~ =--- ~~~~~-~ ~"~~~ 'i \
✓ ~ EXIST. UTILITY
s
TE
ELEC. BOX
--EXIS'
PROTE
EW

ONCRETE
PAVING
2 ,,.,..-.,,,,.......... XIST.
",...._A,....,...

RIGAT
ALVE E
9 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - Garden Grove - Magnolia Park
VERSION8 REV1 - 2023-01-23
Accessible Tricep Press)
UBX244W
Accessible Shoulder Press
UBX248W

Page 40 of 346 ends

GARDEN GROVE
10 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - Garden Grove - Magnolia Park
VERSION8 REV1 - 2023-01-23
Tai-Chi
UBX222
Sit Up Bench
UBX223
Tricep Press
UBX244
Squat
UBX217
Vertical Press
UBX247
Shoulder Press
UBX248
Upright Bike
UBX289
Bench Press
UBX293

Page 41 of 346 ends

GARDEN GROVE
11 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - Garden Grove - Magnolia Park
VERSION8 REV1 - 2023-01-23
Leg Extension & Curl
UBX298

Page 42 of 346 ends

GARDEN GROVE
12 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - Garden Grove - Magnolia Park
VERSION8 REV1 - 2023-01-23
This announcement board can be used to:
• State safety guidelines
• Acknowledge project donors/sponsors
• Encourage healthy lifestyle choices
• Provide sample workouts
Customization available at no charge
(te
xt, logos, etc.)

CUSTOMIZED ANNOUNCEMENT BOARD
SGR105

EXAMPLES OF COMPLETED SIGNS
The City of Wildwood shall not be liable for any personal injury to any person resulting from the use of the exercise equipment at this facility.

The ﬁtness equipment is designed for your enjoyment.

For your safety, we ask you to comply with the following:

Recreation Complex
/F.smcp/I.smcp/T.smcp/N.smcp/E.smcp/S.smcp/S.smcp /Z.smcp/O.smcp/N.smcp/E.smcp 2 Y ou must be at least 14 years old to use this equipment. 1 Y ou assume all risk and responsibility for use of the exercise equipment at this facility.
3 Parents/Guardians: To avoid injuries, do not let your underage children use the equipment.
4 Consult your physician prior to starting any physical ﬁtness training program.
5 The City does not provide any supervision for the use of the equipment.
6 Any potential users with known adverse health conditions should not use this equipment.
7 Before using the equipment, check for loose parts, breaks, cracks or other conditions needing attention. If any abnormalities are noticed, do not use the equipment. Please call 609-522-5837.
8 Perform exercises according to instructions on
each piece of equipment.
9 Breathe normally during physical activity.
10 Perform resistance exercises according to instructions in a slow, controlled manner over the full range of motion. Performing the movements too quickly may result in an injury.
11 During exercise, pay attention to how your body feels.

If pain or discomfort occurs, STOP THE EXERCISE IMMEDIATEL Y. 12 Rest and recovery are important between sets and exercises.

Please allow 2 minutes of rest between exercises.
13 Keep a safe distance from exercise equipment when
in use by others.

Point a smartphone camera at this code to download the Green/f_ields App the perfect companion for your workouts!
Watch video demos, create exercise routines, and log your progress.

It’s the best way to get healthy with Green/f_ields!
Download the App
City of Wildwood
The CIty of Lancaster shall not be liable for any personal injury to any person resulting from the use of the exercise equipment at this facility.

The ﬁtness equipment is designed for your enjoyment.

For your safety, we ask you to comply with the following:

Skytower Park
/F.smcp/I.smcp/T.smcp/N.smcp/E.smcp/S.smcp/S.smcp /Z.smcp/O.smcp/N.smcp/E.smcp 2 Y ou must be at least 14 years old to use this equipment. 1 Y ou assume all risk and responsibility for use of the exercise equipment at this facility.
3 Parents/Guardians: To avoid injuries, do not let your underage children use the equipment.
4 Consult your physician prior to starting any physical ﬁtness training program.
5 The City does not provide any supervision for the use of the equipment. 6 Any potential users with known adverse health conditions should not use this equipment.
7 Before using the equipment, check for loose parts, breaks, cracks or other conditions needing attention. If any abnormalities are noticed, do not use the equipment. Please call 661-723-6077.
8 Perform exercises according to instructions on
each piece of equipment.
9 Breathe normally during physical activity.
10 Perform resistance exercises according to instructions in a slow, controlled manner over the full range of motion. Performing the movements too quickly may result in an injury.
11 During exercise, pay attention to how your body feels.

If pain or discomfort occurs, STOP THE EXERCISE IMMEDIATEL Y. 12 Rest and recovery are important between sets and exercises.

Please allow 2 minutes of rest between exercises.
13 Keep a safe distance from exercise equipment when
in use by others.

Point a smartphone camera at this code to download the Green/f_ields App the perfect companion for your workouts!
Watch video demos, create exercise routines, and log your progress.

It’s the best way to get healthy with Green/f_ields!
Download the App
Project name:

Don Callejon
Sign Version #5
Client:

ENGLISH

SIGN APPROV AL
I hereby approve this design for artistic layout, logo placement, content and text copy accuracy.

Name: ____________________________ Date: ___________________ Signature: __________________________________________________

FRONT FRONT
You assume all risk and responsibility for use of the exercise equipment at this facility.

You must be at least 14 years old to use this equipment.

Parents/Guardians: To avoid injuries, do not let your underage children use the equipment.

Consult your physician prior to starting any physical fitness training program.

The City does not provide any supervision for the use of the equipment.

Any potential users with known adverse health conditions should not use this equipment.

Before using the equipment, check for loose parts, breaks, cracks or other conditions needing attention. If any abnormalities are noticed, do not use the equipment. Please call 408-986-4820.

Perform exercises according to instructions on each piece of equipment.

Breathe normally during physical activity.

Perform resistance exercises according to instructions in a slow, controlled manner over the full range of motion. Performing the movements too quickly may result in an injury.

During exercise, pay attention to how your body feels. If pain or discomfort occurs, STOP THE EXERCISE IMMEDIATELY .

Rest and recovery are important between sets and exercises. Please allow 2 minutes of rest between exercises or sessions.

Keep a safe distance from exercise equipment when in use by others.

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. The fitness equipment is designed for your enjoyment. For your safety, we ask you to comply with the following:

Welcome to Your
Fitness Zone
®
™
Project name:

Don Callejon
Sign Version #5
Client:

ENGLISH

SIGN APPROV AL
I hereby approve this design for artistic layout, logo placement, content and text copy accuracy.

Name: ____________________________ Date: ___________________ Signature: __________________________________________________

FRONT FRONT
You assume all risk and responsibility for use of the exercise equipment at this facility.

You must be at least 14 years old to use this equipment.

Parents/Guardians: To avoid injuries, do not let your underage children use the equipment.

Consult your physician prior to starting any physical fitness training program.

The City does not provide any supervision for the use of the equipment.

Any potential users with known adverse health conditions should not use this equipment.

Before using the equipment, check for loose parts, breaks, cracks or other conditions needing attention. If any abnormalities are noticed, do not use the equipment. Please call 408-986-4820.

Perform exercises according to instructions on each piece of equipment.

Breathe normally during physical activity.

Perform resistance exercises according to instructions in a slow, controlled manner over the full range of motion. Performing the movements too quickly may result in an injury.

During exercise, pay attention to how your body feels. If pain or discomfort occurs, STOP THE EXERCISE IMMEDIATELY .

Rest and recovery are important between sets and exercises. Please allow 2 minutes of rest between exercises or sessions.

Keep a safe distance from exercise equipment when in use by others.

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. The fitness equipment is designed for your enjoyment. For your safety, we ask you to comply with the following:

Welcome to Your
Fitness Zone
®
™
front back
A Complete Exercise Program Includes
3 TYPES OF ACTIVITY:

Get Active!
Try to be active every day. Even if you’ve never exercised or haven’t exercised in many years, you can benefit from fitness at any age. •
•
•
Before You Start:

Take it easy. Moderate exercise can benefit you as much as intense exercise.

Start slowly. Warm up for 5 to 10 minutes with easy stretching or brisk walking.

Read and understand all exercise instructions.

AEROBI C EXERCISE
(minimum 30 minutes a day)
• Raises your heart rate
• Uses the large muscles of
the body (arms, legs, back)
• Decreases risk of chronic
disease
• Helps you lose weight
• Increases strength
• Improves balance
• Increases bone density
• Loosens stiff joints
• Lengthens and loosens muscles

STRENGT H-BUILDING
(minimum 10 minutes a day)

STRET CHING
(minimum 5 to 10 minutes a day)
FITNE SS ZONE AR EAS ARE A PROJECT OF THE T RUST FO R PUBLIC LAND TO HELP CO MMUNITIES G ET FIT AND STA Y HEALTHY. tp l.org/ fitne sszones

FITNESS
ZONE
EL AR EA DE LA ZONA S DE EJERCIC IOS ES UN PROYECTO DE THE T RUST FO R PUBLIC LAND PARA A YUDA R A LAS COMUNID ADES A AD APTA RSE Y MAN TENRSE SALUDAB LE. tpl.org /fitne sszones
Un programa completo de ejercicios incluye
3 TIPOS DE ACTIVIDAD:
¡Actívate!
Antes de que empieces:
• Aumenta tu ritmo cardíaco
• Utiliza los músculos
grandes del cuerpo (brazos,
piernas, espalda)
• Disminuye el riesgo de
enfermedades crónicas
• Te ayuda a perder peso
• Aumenta masa múscular
• Fortalece los músculos
• Aumenta la densidad ósea
• Afloja las articulaciones
rígidas
• Alarga y afloja los
músculos
ESTIRAMIENTOEJERCICIO AEROBICO FORTALECER LOS MÚSCULOS
(mínimo 30 minutos al día) (mínimo 10 minutos al día) (mínimo de 5 a 10 minutos al día) •Tómalo con calma. El ejercicio moderado puede beneficiarlo tanto como el ejercicio intenso. •Comience lentamente. Calentar durante 5 a 10 minutos con e stiramientos fáciles o caminatas r ápidas. •Lea y comprenda todas las instrucciones de ejercicio.

ZONA DE

EJERCICIOS
Intenta estar activo todos los días. Incluso si nunca ha hecho ejercicios o no lo ha hecho en muchos años, puede beneficiarte del ejercicio físico a cualquier edad. front back

Page 43 of 346 ends

GARDEN GROVE
,
THIS PROJECT WAS MADE POSSIBLE BY:

Fitness Zone

ROBERT A
BOTHMAN ~
CONSTRUCTION ;;_:11
www.bothman.com
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13 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - Garden Grove - Magnolia Park
VERSION8 REV1 - 2023-01-23
Unit labels feature safety guidelines, exercise
instructions and more!
®
™
www.GreenfieldsFitness.com
888-315-9037
User Guidelines

This fitness equipment is designed for your
enjoyment. For your safety, we ask you to
comply with the following:

1. NO CHILDREN UNDER AGE 14 ALLOWED
WITHOUT ADULT SUPERVISION.

2. User assumes all risk and responsibility for
using this exercise equipment.

3. Consult a physician prior to starting any physical
fitness training program. Potential users with
known adverse health conditions should not use this
equipment. Before using the equipment, check for
loose parts, breaks, cracks, or other conditions needing attention.

4. Perform exercises according to instructions on each
piece of the equipment.

5. Breathe normally during physical activity.

6. Perform resistance exercises according to instructions in a slow, controlled manner over the full range of motion.

Performing the movements too quickly may result in an
injury. Use the equipment only within your capabilities.

7. Pay attention to how your body feels. In the event that pain or discomfort occurs, STOP THE EXERCISE
IMMEDIATELY and consult your physician.

8. Rest and recovery are important between sets and
exercises. Allow 2 minutes of rest between sets of
exercises or sessions.

9. Keep fingers, toes, and hair or other non-
participant body parts away from equipment
elements during exercise.

10. Keep a safe distance from exercise
equipment when in use by others.

Greenfields Outdoor Fitness, Inc. shall not
be liable for any personal injury to any
person resulting from the use of this
exercise equipment.
www.GreenfieldsFitness.com
888-315-9037
ADA Label included on units from
Greenfields’ Signature Accessible™ line

Page 44 of 346 ends

U.S. Patent 9,079,069 B1
-.slgnatureAccesslble.com
-.Oreenfleldsfltnea.com
888-315-9037
NO CHILDREN UNDER AGE 14 ALLOWED

WITHOUT ADULT SUPERVISION
PROHIBIDO NIAOS MENORES DE 14 Alillos

SIN SUPERVISION ADULTA
4-Person Leg Press
BGR104
FUNCTION:

Strengthens legs muscles
and abdominals.

INSTRUCTIONS:

Sit on seat with legs braced
against foot pad. Push body away
from the footrest. Hold and return
to start position. Do not lock knees.
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outdoor .,...~uo1111- •-■i,,.11111,,.,._•

GARDEN GROVE
14 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - Garden Grove - Magnolia Park
VERSION8 REV1 - 2023-01-23
The GREENFIELDS OUTDOOR

FITNESS APP
Greenfields is excited to announce the launch of our exclusive, just-released APP! The Greenfields App is the perfect companion to our multigenerational outdoor gyms, giving users the ability to search for gyms near their location, explore exercises available on Greenfields units, create workouts, and log their progress.

Now available on iOS and Android.
greenfieldsfitness.com/app-download/

WORKOUT
SCAN
search for gyms near you customize your routine quickly find videos & moreEXPLORE

Page 45 of 346 ends

Locations Near Me Unit Details My Workout Routine 55%
C Redo Search Monday, January 17
Lat Pull & Vertical Press
Del Medio Park

1.9 mi away Open ilJ..Mrul
~
" Single Elliptical Cross
~ Trainer ..
-~
Lat Pull & Vertica l
Press
Select exercises to add to workout.

Lat Pull
Vertica l Press
fl:

Leg/ Knee ups
0 Done!
fl:

Pendulum
0 Done!
Leg Press
M
...
n Stair Climber
'" H
5 of 12 minutes
Orchard Gardens Park fl:

Dips
6 of 18 reps

3.6 mi away Open In Map
Cross-Country Ski ✓
•
Cross-Country Ski
Goal: 5 minutes
Start >
0 'K 0 t ... a~
Activity History
< Jan 8 - 17 >
I
8 9 10 11 12 13 14 15 16 17
Weight
159
lbs
Update Your Weight
BMI
Based on a height of: 5' 4' ~
27 0 0
Ex lore
can t e equ ipm ent co e
for fit ness videos and
information.

VIDEO DEMO
l!J·•a.=11
II
'K ~ ...

D",.,:i
Workout Pr ress Scan

GARDEN GROVE
~ Exerci se Details Next
Dips
3 sets x 6 reps
2 set(s) to go
Complete a set Enter reps
+ 6 reps OIR C 7
4:06 PM 6 reps
15 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - Garden Grove - Magnolia Park
VERSION8 REV1 - 2023-01-23

Page 46 of 346 ends

General Installat ion Instructions :

Surface Mo,unt
The follO' ·ng ·ntormafion f,cx oon1racl:ors, ma· enEIJlce peirsonrM!I and sup~isorystalfwill help ensure an accura e. safe aoo problem-free Questions? Please call 888-315-9037 X105 installafillll . UNlliS ARiE HEAVY (up to 450 lbs.} When ,u loading and han ing. pl\eBSe -exercise ex1ra care lo prevent inj.lry -or damafJe to 117e equip ment For inslalation, e,poxy is not included in s~ pmenl and must be pl'D'Uid'ed by insla/ller.

Video Demo: http ;1twww. a reeDU e ldstitness ,comlsy rface-mount-i a sta I luU on( Too Is Needed: Concrete pad must be fuHy cured before anchoring begins.

1. Conorete drill Parts Included :

2. 1 /2m carbide tipped d,lilllbit

3. Angle grinder
Wedge Andhors - 4 11/2" x 11/2"

4. Compressor with b:l'.ow tip

5. Sledge hammer

6. 3/4m sodket
Block Plasti c Caps

7. Torque wrendh Metall Shims
Bas,ic lnstallla tiion Gu.idellines:

1. Place unit on concrete pad
and mark holes. Mark .all holes.

Make a mark on the unit and the
ground to make sure unit lines up
with holes.

3. Using1 compressor o:r b.1ower,
blow out ,concrete dust from
hores.

2. Orm all holes with concrete
drill.. Drill to a depth, of 5-6' deep.

4. Fill ho es willh epoxy, making
sure not to overfill. (Epoxy is not
included in shipment and must be
p:rm( dled by installer).

Spec1nications:
• Concrete : 32511 PSI (mini mum)
• Agg,egah! mix: 1 :3 318" lo 3f4"
- Concre1e mile 1:3:2.5 c:onaele .
soo,eiJBle.. and SJBnd mix
#3 rebar w.ifh 12" spacing
- When pooring a sillQJe pad fDI"
mu~ le-units,, use CDl'l!Clele
lhickness ,fr
When pooling stand alone pads,
concn!h! lhidme5s minanum Ir
• BnH: Size: 112"
• Bo'II U!lilglh : 4-112" (minimum)
• Hanlware : Wef%Je An.dloc Slain
less Steel
• Mimmum,embed depth: 3-1.12'"
[I]]
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anre io honor our t<ltm" • ll>qulll tr ond ·sety, ·-• Cub»ar Fllness ,eserv911te <1$111 io m•te c:br~ .,... ~• ·tt,e desv, ~ - afflr:d notloe.

LI.J21I j]312Jl! t;li·2JJQD Greenne.l:t 's O ut:b:ili iFlr...es-s., rnc..

GARDEN GROVE
Genera ln.stallaUon Inst ructions:

Surface Mount
Questions? Please call 888-315-9037 x105
The· ~ lowing information for contractors, maintenance persmmel and supervisory staff will help ensure an accurate,. safe and problem-free ,installalim1.

Basic lnstallaUon Guiidelines •(cont 'd)

5. Place unit over holes and make sure it lines
up with ma:rk.

6. Thread nuts onto anchors just until they ar:e
flush with the top of the anchors.

7. Hammer anchors into hotes.

8. Install shtms to p umb posts.

9. Tighten anchors until snug, and wait 24 hours to
tighten to 80-90ftJlbs.
1 o. Cut off extra bolt rength1 if any.

11. Follow unit-specific installation instructions ~or
iinstaUalion of base plat,e covers and black caps.
16 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - Garden Grove - Magnolia Park
VERSION8 REV1 - 2023-01-23
®
© 2022 Greenfields Outdoor Fitness, Inc.

In order to honor our commitment to quality and safety, Greenfields Outdoor Fitness reserves the right to make changes and revise the design specifications without notice.

The following document is supplied as a general inspection document to be performed during regular park inspections. Our support team can be reached at (888) 315-9037 x105 or [email protected].

Visual Inspection
Check all plastic footrests, backrests, seats, etc. for any cracks. If items are cracked in an unsafe manner, take photos and contact Greenfields to order new pieces. Check all rubber grips for any signs of wear, and make sure they are functioning correctly. If grips are torn or cut, exposing handlebars, take photos and report to Greenfields. Inspect welds for any signs of wear. If there is any damage, take photos and report to Greenfields. Check round safety labels for any signs of wear or vandalism, and send photos if there is. If unsafe for public use, please wrap portion of that unit with a caution-tape to prevent use while maintenance is in progress.

Internal Inspection
Engage moving parts and ensure full, uninhibited functionality. If units are making noises when in use, do NOT lubricate the bearings. Check for any metal on metal contact and send photos to Greenfields for review.
Inspect bolts and caps to ensure equipment is fully tightened. If screws are loose or missing, tighten or install new screws using a thread-locking compound. If new screws are needed, take photos of the location they are needed and contact Greenfields to order new screws. If unsafe for public use, please wrap portion of that unit with caution tape to prevent use while maintenance is in progress.

Documentation
Greenfields takes great pride in providing amazing outdoor fitness gyms that are intended for use by the unsupervised masses in public settings. We do realize that left unattended, units may be subject to improper use or even abuse. We rely on the local maintenance staff to provide the necessary support in order to keep all units and parts in optimal operating condition for years to come.
Please use the inspection log provided.

Reporting
Greenfields Customer Support Center is available to help with all inquiries. Please feel free to contact us at: [email protected] or 888-315-9037 x 105 Please be sure to include photos and name of the park, city, state, country and on-site contact person with whom to communicate.

Inspection Checklist
General Guidelines for Outdoor
Fitness Equipment
Visual Inspection
Internal Inspection
Documentation
Reporting
Inspection process
Questions? Please call 888-315-9037 x105
®
© 2022 Greenfields Outdoor Fitness, Inc.

In order to honor our commitment to quality and safety, Greenfields Outdoor Fitness reserves the right to make changes and revise the design specifications without notice.

Greenfields Outdoor Fitness equipment is intended to be used by the unsupervised public in a variety of outdoor settings. Greenfields is extremely proud of the safe and durable design of its products, which are built to surpass their warranty under normal usage. Installations throughout the hemisphere prove this equipment’s success in both hot and cold climates, as well as dry and humid conditions. While the units are designed to be, for the most part, maintenance free, Greenfields recognizes that heavy and constant usage will require a minimal level of maintenance.

Greenfields recommends periodic visual inspections of all outdoor fitness equipment to ensure that each unit is functioning normally and safely. In environments prone to vandalism, local maintenance teams should inspect more frequently. Periodic inspection is at the owners’ discretion. Greenfields’ Inspection Checklist is a suggestion only and is not intended to replace owners’ own internal inspection system.

The following information is intended to provide some guidance for local maintenance teams:

Age Appropriate Use
This fitness equipment is classified as Adult Fitness Equipment and is designed to be used by individuals 14 years or older. Please take necessary precautionary steps to prevent use (and mis-use) by individuals younger than 14. Parental supervision should be enforced.

Normal Wear & Tear
As with any equipment, certain parts may wear more rapidly due to the type and frequency of usage.

Most of Greenfields’ replacement parts are designed to be installed easily—with specific instructions provided as needed. Every owners’ manual contains a detailed replacement parts list for each unit purchased. [Please be advised that the use of decomposed granite (DG) is known to increase the normal wear of footrests and platforms. DG particles attach to the soles of shoes and, like sandpaper, grind these surfaces continually.]
Surface Touch-up
During handling and/or installation, the various surfaces of the equipment may become scratched or disfigured. Greenfields provides touch-up paint with each shipment, and a “Touch-up Guide” is included in this manual. Greenfields’ support staff is always available to answer questions regarding the above.

Vandalism
Greenfields’ equipment is installed in all types of environments. In some cases, these installations face the challenges of vandalism, graffiti, theft, etc. In some instances touch-up paint is a simple remedy; in other cases a replacement part may have to be purchased. While the warranty does not cover cases of vandalism, Greenfields’ customer service team will strive to resolve issues quickly and fairly.

Improper Usage
Since Greenfields’ equipment is used without supervision, it may be subject to improper use—that for which it was not designed. Over the years, through its R&D efforts, Greenfields has been able to modify the equipment design to minimize damages caused by improper use. Nevertheless, improper use may compromise a unit’s integrity, leading to unnecessary repair expense and/or unsafe conditions. Signs of improper use can sometimes be detected through visual inspections.

Safety and Upkeep
Information

Page 47 of 346 ends

GARDEN GROVE
17 888-315-9037 | www.greenfieldsfitness.com
Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are “one size fits most.” This document is for presentation purposes only, not for construction.

GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE
CA - Garden Grove - Magnolia Park
VERSION8 REV1 - 2023-01-23
• Limited 10-year warranty on main posts and metal structures • Limited 5-year warranty on moving parts and bearings
• Limited 5-year warranty on seats and backrests
• Limited 3-year warranty on hydraulic pistons
• Limited 2-year warranty on footrests, armrests, rubber parts, and chains • Limited 1-year warranty on battle ropes, climbing ropes, and suspension trainers
All warranties cover failure due to natural deterioration or manufacturing defects and do not include any cosmetic issues or wear and tear from normal use. This warranty does not cover cosmetic items such as scratches, dents, marring, fading, discoloring, weathering, wear and tear, or normal level of rusting. Warranty is valid only if the equipment is installed and maintained in conformity with Greenfields’ installation and maintenance procedures furnished by Greenfields Outdoor Fitness. Equipment should not be exposed to any irrigation, especially with reclaimed water, as this will void the warranty. Equipment must be installed on a surface with proper drainage and or slope to prevent water buildup around the base of the equipment.

Equipment should not be installed in basins or in low-lying areas which result in equipment being submerged. Equipment should be installed in a timely fashion after delivery; however, if the equipment must be stored for an extended period of time, crates should be stored in a dry, indoor environment.

OTHER PRODUCT INFORMATION
Greenfields will continue to develop its line of products and therefore reserves the right to change the design specifications without notice. The equipment is designed for use by individuals weighing up to 300 pounds.

The equipment is NOT intended to be used by individuals younger than 14 years of age unless supervised by adults. Greenfields’ units are designed to accommodate the majority of users age 14 and above; however, due to the nature of outdoor fitness equipment, units are regarded as “one size fits most, but not all.”

CUSTOMER SUPPORT
Upon written notification (email or fax) to Greenfields of a product’s failure to conform to any of the aforementioned warranties during the applicable warranty period, Greenfields shall correct such failure/nonconformity by repairing the defective part(s) or providing replacement part(s) within 60 calendar days of receipt of the notification. Greenfields shall ship the required replacement part(s) to the site free of charge, but will not be responsible for providing labor or the cost of labor for removing defective part(s) or installing replacement part(s). Greenfields will warranty the replacement part(s) for the remainder of the original warranty period. Furthermore, no representation, oral or written, of any
individual may be substituted for this exclusive limited warranty. To the extent permitted by law, Greenfields shall not be liable for any direct, indirect, special, incidental or consequential damages, which are expressly excluded from the sale of its product. To make claims under the terms of this warranty, please contact Greenfields’ Customer Support Center at CSC@ GreenfieldsFitness.com. Please include photos or video.

INSTALLATION
Greenfields’ equipment is constructed from heavy steel pipes and is subject to heavy forces and torques when in use as intended. Extra care must be taken to ensure that the equipment is securely installed so that it can be safely enjoyed for years to come. There are two methods of installation for the equipment:
• Surface mount installation with posts bolted to a reinforced concrete slab a minimum of 6”-8” thick (please refer to Installation Instructions & Video for detailed guidelines)
• Permanent in-ground installation in which the equipment post extensions are placed in concrete footings and use provided rebar pegs (please refer to Installation Instructions & Video for detailed guidelines) Installers and project managers are encouraged to contact Greenfields’ Customer Support Center with any questions before, during, and/or after installation. Detailed installation instructions are available for all products and are included in the Operations & Maintenance (O&M) Owner’s Manuals which are shipped with every order. Often the installation of Greenfields’ products is assigned to the lowest bidding contractor. The contractor may not have been in contact with Greenfields prior to the project or seen the detailed Installation Instructions. It is the responsibility of the project manager to ensure installing contractor is provided with the most updated set of Greenfields’ Installation Instructions & Installation Video to ensure the validity of the warranty. Should the project installer need a copy of the Installation Instructions, please contact Greenfields’ Customer Support Center at 888-315-9037 x105 or by email at [email protected].

SAFETY STANDARDS
This adult outdoor fitness equipment is not intended for use by unsupervised individuals younger than 14 years of age. ASTM recently adopted ASTM F3101−21A Standard Specification for Unsupervised Public Use Outdoor Fitness Equipment. While playgrounds are subject to laws in various states requiring compliance with ASTM and/or Consumer Product Safety Commission (CPSC) guidelines, at time of this publication, and to the best knowledge of Greenfields Outdoor Fitness, there are no state laws requiring compliance with standards set forth by ASTM for outdoor fitness equipment (nor with CPSC guidelines, as none currently exist.) Play equipment can be certified to be in compliance with ASTM by the International Playground Equipment Manufacturers Association (IPEMA), and many agencies have a requirement that they only purchase equipment that is IPEMA certified.

However, at this time, this is not possible with outdoor fitness equipment, as IPEMA does not currently certify compliance of outdoor fitness equipment.

In addition, at this time there are no programs in place to train certified inspectors for outdoor fitness equipment. Without a state law that requires compliance, specifications are voluntary only. However, Greenfields Outdoor Fitness strives to comply with all of the voluntary specifications of ASTM F3101-21A. Greenfields recommends adding a customized sign to each project to limit liability.

SURFACING MATERIALS
Over the years, Greenfields’ product has been installed using the following various types of surfacing. ASTM 3101-21A suggests impact attenuating surfacing for some scenarios. The type of surfacing used is ultimately the choice of the owner and their project manager. When it comes to Functional Fitness, Challenge Course and any other apparatus with an overhead structure, it is advised to use fall attenuating surfacing. Greenfields does not promote the use of one type of surfacing over another – the decision is ultimately up to project owners and their architects / engineers. For project specific information, please feel free to contact a Greenfields project manager.

MAINTENANCE & EQUIPMENT UPKEEP
Greenfields Outdoor Fitness equipment is intended to be used by the unsupervised public in a variety of outdoor settings. Greenfields is extremely proud of the safe and durable design of its products, which are built to surpass their warranty under normal usage. Installations worldwide prove this equipment’s success in both hot and cold climates, as well as dry and humid conditions. While the units are designed to require, for the most part, little to no maintenance, Greenfields recognizes that heavy and constant usage will require a minimal level of maintenance which will be scheduled based on the specific nature of each project. Installation on an ocean front, or with a direct line of sight to the ocean, will expose the units to salt and will require additional maintenance which is not required at inland sites or in dry climates. Such installations will require a regular freshwater rinse to remove the salt from the units (do not use reclaimed water - exposing the equipment to reclaimed water will void warranty). Greenfields recommends periodic inspection by a maintenance team to ensure each and every apparatus functions as intended. Please refer to the Periodic Inspection Checklist provided with the O&M Owner’s Manuals. For project specific information, please feel free to contact a Greenfields project manager.

WARRANTY

Page 48 of 346 ends

GARDEN GROVE
010721-GRN

Rev. 10/2020 1

Solicitation Number: 010721

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Greenfields Outdoor Fitness, Inc., 2617 West Woodland Drive, Anaheim, CA 92801 (Vendor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Outdoor Fitness Equipment with Related Accessories and Services from which Vendor was awarded a contract.

Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires February 5, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

Page 49 of 346 ends

Sourcewell ~
010721-GRN

Rev. 10/2020 2

All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable

Page 50 of 346 ends

010721-GRN

Rev. 10/2020 3

time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.

Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing

Page 51 of 346 ends

010721-GRN

Rev. 10/2020 4

restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.

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Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

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B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).

The Report must contain the following fields:

x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

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Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.

D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their

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respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. LIABILITY

Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.

12. GOVERNMENT DATA PRACTICES

Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.

If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.

Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.

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a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.

D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE

Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.

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15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate

Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance

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maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

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The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40

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hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any

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agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

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22. CANCELLATION

Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Greenfields Outdoor Fitness, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Samuel Mendelsohn
Title: Director of Operations &
Procurement/CPO
Title: CEO/President

Date: ________________________

Date: ________________________
Approved:

By: __________________________

Chad Coauette
Title: Executive Director/CEO

Date: ________________________

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r r.

Agenda Item - 3.k.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Teresa Pomeroy
Dept.: City Manager Dept.: City Clerk
Subject: Receive and file minutes
from the meeting held on
February 14, 2023. ( Action
Item)
Date: 3/28/2023
Attached are the minutes from the meeting held on February 14, 2023, recommended to be received and filed as submitted or amended.

ATTACHMENTS:

Description Upload Date Type File Name
Minutes 3/22/2023 Minutes cc-min_02_14_2023.pdf

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-1- 02/14/23

MINUTES

GARDEN GROVE CITY COUNCIL

Regular Meeting

Tuesday, February 14, 2023

Community Meeting Center
11300 Stanford Avenue, Garden Grove, CA 92840

CONVENE MEETING

At 6:35 p.m., Mayor Jones convened the meeting in the Council Chamber.

ROLL CALL PRESENT: (7) Council Members O’Neill, Tran, DoVinh, Klopfenstein, Nguyen, Brietigam, Mayor
Jones

ABSENT: (0) None

INVOCATION

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

ADOPTION OF A PROCLAMATION CELEBRATING FEBRUARY AS BLACK HISTORY MONTH (F: 83.1-2023)

Mayor Jones pulled this item for action, and following the reading of the Proclamation by Assistant City Manager, Maria Stipe, it was moved by Council Member Nguyen, seconded by Mayor Pro Tem Brietigam that:

A Proclamation celebrating February as Black History Month in Garden Grove, be adopted, and all residents are encouraged to celebrate diversity and work together to create a world that is more just, peaceful, and prosperous for all.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein, Nguyen,
Brietigam, Jones
Noes: (0) None

Mayor Jones presented the Proclamation to Robert McDonald, President of the Black Chamber of Commerce of Orange County who addressed the City Council thanking them for recognizing February as Black History Month.

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-2- 02/14/23

COMMUNITY SPOTLIGHT IN RECOGNITION OF JAMES NGUYEN FOR BEING ONE OF THE 100 RISE GLOBAL WINNERS FOR 2022

COMMUNITY SPOTLIGHT IN RECOGNITION OF PHILLIP NGUYEN FOR RECEIVING THE NSLI-Y VIRTUAL SUMMER INTENSIVE SCHOLARSHIP FROM THE U.S.

DEPARTMENT OF STATE

SOCALGAS UPDATE
Juan Gonzalez, Public Affairs Manager with SoCalGas provided a PowerPoint presentation on the recent price increases due to pipeline deficiencies and higher demand due to colder weather.

ORAL COMMUNICATIONS

Speakers: Rubi Garcia, Grace Lee, Teresa Tran, Nicholas Dibs.

RECESS

At 7:20 p.m. Mayor Jones recessed the meeting.

RECONVENE

At 8:16 p.m., Mayor Jones reconvened the meeting with all Council Members present.

ADOPTION OF A PROCLAMATION CELEBRATING FEBRUARY AS BLACK HISTORY MONTH (F: 83.1-2023)

This matter was considered earlier in the meeting.

APPROVAL OF FINAL PARCEL MAP NO. PM-2020-112 FOR THE PROPERTY LOCATED AT 11841 MAGNOLIA STREET, GARDEN GROVE (F: 118.1)

It was moved by Council Member Klopfenstein, seconded by Mayor Pro Tem Brietigam that:

Final Parcel Map No. PM-2020-112 for the property located at 11841 Magnolia Street, Garden Grove, be approved.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein, Nguyen,
Brietigam, Jones
Noes: (0) None

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-3- 02/14/23

APPROVAL OF THE SECOND AMENDMENT TO THE AGREEMENT WITH THE COUNTY OF ORANGE FOR FAMILIES AND COMMUNITIES TOGETHER (FaCT) GRANT

PROGRAM FUNDING FOR THE MAGNOLIA PARK FAMILY RESOURCE CENTER (F: 97.2.99)

It was moved by Council Member Klopfenstein, seconded by Mayor Pro Tem Brietigam that:

The Second Amendment to the Agreement with the County of Orange Social Services Agency to receive Families and Communities Together (FaCT) grant funding for the Magnolia Park Family Resource Center (MPFRC), be approved; and The City Manager be authorized to sign the Second Amendment, including making any modifications during the contract period for the operation and implementation of the contract services on behalf of the City.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein, Nguyen,
Brietigam, Jones
Noes: (0) None

APPROVAL OF AMENDMENT NO. 6 TO THE AGREEMENT WITH WM CURBSIDE, LLC, FOR ADMINISTERING THE CITY’S HOUSEHOLD HAZARDOUS PROGRAM (F: 55-WM

CURBSIDE, LLC)

It was moved by Council Member Klopfenstein, seconded by Mayor Pro Tem Brietigam that:

Amendment No. 6 to the Agreement with WM Curbside, LLC., in the amount of $12,875, from February 14, 2023 through May 31, 2023 for administration of the City’s Household Hazardous Program, be approved; and
The City Manager be authorized to execute Amendment No. 6 on behalf of the City, including making minor modifications as appropriate.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein, Nguyen,
Brietigam, Jones
Noes: (0) None

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RECEIVE AND FILE MINUTES FROM THE MEETINGS HELD ON DECEMBER 13, 2022, AND JANUARY 10, 2023 (F: VAULT)

It was moved by Council Member Klopfenstein, seconded by Mayor Pro Tem Brietigam that:

The Minutes from the meetings held on December 13, 2022, and January 10, 2023, be received and filed.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein, Nguyen,
Brietigam, Jones
Noes: (0) None

WARRANTS
It was moved by Council Member Klopfenstein, seconded by Mayor Pro Tem Brietigam that:

Payroll warrants issued on January 26, 2023, inclusive as listed on this register and have been verified by the Finance Division as properly issued and bear all proper signatures, be received and filed.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein, Nguyen,
Brietigam, Jones
Noes: (0) None

WAIVER

It was moved by Council Member Klopfenstein, seconded by Mayor Pro Tem Brietigam that:

That full reading of ordinances listed be waived.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein, Nguyen,
Brietigam, Jones
Noes: (0) None

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CONSIDERATION TO APPOINT TO THE CITY'S COMMISSIONS, COMMITTEE, AND BOARD (CONTINUED FROM THE JANUARY 24, 2023, MEETING) (F: 122.0)

This matter was continued to the next meeting.

RECEIVE AND FILE THE ANNUAL FINANCIAL REPORTS AND AUDITOR’S COMMUNICATION RELATED TO FISCAL YEAR 2021-22 ANNUAL AUDIT, AND APPROVE ADDITIONAL APPROPRIATION FOR FISCAL YEAR 2022-23 (F: 22.1) (F: 34.1.2022)

Staff provided a PowerPoint presentation with an overview of the findings from the auditor Davis Farr LLP that indicated a clean opinion from the auditor with a positive operating result of $71.1 million; a General Fund surplus of $49.2 million; $37.4 million unspent capital project funds carried over to Fiscal Year 2022-23 with $7.8 million additional appropriation allocated in Amended Fiscal Year 2022-23 budget; with Public Safety expenditures totaling $95.2 million, 71.8% of overall General Fund expenditures.

Following City Council comments, it was moved by Mayor Pro Tem Brietigam, seconded by Council Member Klopfenstein that:

The City of Garden Grove Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2021-22; Agreed-Upon Procedures Applied to Appropriation Limit Worksheets; Internal Control and Compliance of the Air Quality Improvement Fund ; Auditor Communications to the City Council; and Management Letter to the City Council; be received and filed;
Additional appropriation for the tenant improvement and space study of the Purcell Building in the amount of $1.0 million, be approved;
Additional appropriation for the 2022 Statewide General Election in the amount of $106,000, be approved; and
Additional appropriation for a cloud-based data hosting service in the amount of $24,000, be approved.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein, Nguyen,
Brietigam, Jones
Noes: (0) None

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ADOPTION OF A RESOLUTION TO AUTHORIZE PARTICIPATION IN THE ENCAMPMENT RESOLUTION FUNDING GRANT PROGRAM (F: 117.15)

Following staff introduction and City Council discussion, it was moved by Council Member Nguyen, seconded by Council Member Klopfenstein that:

Resolution No. 9783-23 entitled: A Resolution of the City Council of the City of Garden Grove to authorize participation in the Encampment Resolution Funding Grant Program (ERF-2-R) with the proposed budget of $3,444,000 and authorize agreements to implement the CalTrans Collaborative Project, be adopted.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein, Nguyen,
Brietigam, Jones
Noes: (0) None

SECOND READING OF ORDINANCE NO. 2941 (F: 116.PUD-018-2022)

Following the reading of the ordinance, it was moved by Council Member O’Neill, seconded by Council Member Klopfenstein that:

Ordinance No. 2941 entitled: An Ordinance of the City Council of the City of Garden Grove approving Planned Unit Development No. PUD-018-2022 to establish residential Planned Unit Development implementation provisions and standards of development for property located at 9071, 9081, and 9091 Lampson Avenue (Assessor’s Parcel Nos. 133-183-55, 56, 57, and 58), be adopted.

The motion carried by a 7-0 vote as follows:

Ayes: (7) O’Neill, Tran, DoVinh, Klopfenstein, Nguyen,
Brietigam, Jones
Noes: (0) None

MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY MANAGER

Mayor Pro Tem Brietigam announced that on Sunday, February 26, 2023, from 9:00 a.m. to 1:00 p.m., he and Council Member Tran are hosting a Catalytic Converter Engraving event at the Grease Monkey garage on Knott Street. This event is free to all Garden Grove residents.

Council Member O’Neill praised the Fire Fighters who responded to a car accident involving a mother and daughter en route to a championship basketball game; the Fire Fighters went above and beyond once the accident scene was secure to take the mother and daughter to the game. Comment from OCFA was “that being there for

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the team and being there for the community is what we take to heart.” He wished his wife a Happy Valentine’s Day.

Council Member Tran thanked Dr. Gabriela Mafi, Superintendent of Garden Grove Unified School District, and students from Rancho Alamitos High School for attending the “Elder Event.” The students, who were very polite, performed songs and it turned out very nice. She is looking forward to holding more events and collaborating with Council Member Brietigam, and Council Member Klopfenstein on an art event.

Council Member Nguyen spoke about a need for additional part time staffing for the purpose of supporting council districts in order to provide more community engagement. Comparatively, she has seen other cities providing staffing assigned to council districts promoting community engagement specific to those respective districts, which is something that needs to be considered for the future. She sug
gested multiple ways in which assigned staff could be instrumental in promoting services and events specific to each district as well as citywide. She recommended that through neighborhood partnerships, creating district associations could be beneficial for community engagement, noting that many events that are held, such as community workshops might be better attended. District staff could gather data and track hot spots for crime or other issues and provide useful information to the residents within their respective districts. She would also like to have video shorts posted online and on social media following council meetings highlighting projects or milestones that were approved. She expressed concern that as she is near the end of her term as a council member, and as such she would like to leave a legacy of long term solutions for more community engagement. She felt that the council needs to be more proactive on diversity when selecting commissioners. She encouraged the council members to attend the League of California Cities General Assembly OC coming up on Thursday between 5:00 through 7:00 pm at the Irvine City Hall. She is looking forward to the upcoming opening day of Garden Grove Pony League on Saturday, February 28 at 10:00 a.m. at West Haven Park. Lastly, she wished her fiancé a Happy Valentine’s Day.

Council Member Klopfenstein spoke on the loss of Ric Lerma, an important member of the Garden Grove community, and that on February 9, 2023, the first annual Ric Lerma Memorial Blood Drive was held at the Community Meeting Center. She thanked city staff for allowing the use of the center and noted that the drive was well organized. Notably, Patti Widdicombe of McDonald’s, Kayes Kitchen, and countless civic groups and volunteers came together to sponsor and to honor the legacy and life of Ric Lerma. The American Red Cross was fabulous to work with collecting 50 pints of blood with an impact of hopefully saving over 150 lives. It was a successful event that she hopes to continue in the years to come.

Council Member DoVinh congratulated Assistant City Manager, Lisa Kim, for receiving the John H. Nail Memorial Award of 2023; this recognition is an important achievement presented to an outstanding municipal assistant who has contributed

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significantly to city government and to the advancement of the community. He noted that with City Manager Stiles leaving the City, he is happy that there will be an internal recruitment. He spoke to his expectation for a well-run city and expects City staff to be responsive to the residents. He expressed that as a council member he did not give up his rights as a resident nor a business owner and made the distinction between perceived conflicts of interest and actual conflicts of interest he must abide by as a council member. He commented he was waiting on clarification of what constitutes a conflict of interest and that he will continue to operate his business, as he has a business license to do so. He recommended training for staff who are not educated on how to work with council members and he asked the City Manager and City Attorney to compile a Do and Don’t List for the elected officials, as well as for City staff. He expressed his expectations for a new City Manager that includes ensuring staff is responsive to the public. He noted that under City Manager Stiles, the City has a surplus and he would like that to continue with a budget surplus and to protect pensions. He paid homage to Charles Mitchell, Ric Lerma, and Division Chief Ron Roberts who have all recently passed away.

City Manager Stiles spoke on meeting with Cal Optima on their Street Medicine program who will be presenting at the next City Council meeting. There will be an ADU Workshop held for the community at the Community Meeting Center on Wednesday, February 15, 2023, at 6:00 p.m. hosted by City staff. The RFP for a construction contractor has been released for the Navigation Center with bids due on March 1, 2023. There will be a bulky item pick event on February 25, 2023, at Skylark Elementary School in District 2 that is open to all Garden Grove residents.

Mayor Jones offered condolences to the friends and families of Ric Lerma and Chief Ron Roberts. Ric was a pillar of the community who gave unselfishly of his time.

Chief Roberts was an exemplary leader who was the Orange County Fire Authority Division Chief overseeing the Garden Grove Division.

ADJOURNMENT

At 8:52 p.m., Mayor Jones adjourned the meeting in memory of Ric Lerma and of Ron Roberts. The next Regular City Council Meeting is scheduled for Tuesday, February 28, 2023, at 5:30 p.m. at the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California.

Teresa Pomeroy
City Clerk

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Agenda Item - 4.a.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Craig Beck
Dept.: City Manager Dept.: Community and Economic
Development
Subject: Award a contract to Michael
Baker International for the
preparation of the California
Environmental Quality Act
(CEQA) compliance
documents for the Civic
Center Project. (Cost:
$331,051) (Action Item)
Date: 3/28/2023

OBJECTIVE
For the City Council to award a contract to Michael Baker International for the preparation California Environmental Quality Act (CEQA) compliance documents for the Civic Center Project, which consists of a new Public Safety Building, a re- visioning of Civic Center Park, and a new parking structure.

BACKGROUND
In July 2019, the City Council authorized a comprehensive space and needs assessment of the police facilities by Dewberry to address current and future needs of the Garden Grove Police Department (GGPD). Findings of the report identified deficiencies in the existing GGPD facilities and insufficient spacing available for building, parking, and site needs to accommodate current and future demands of the public safety operations. It further concluded the current Police Facilities campus are all undersized and poorly configured. The final Dewberry Report was presented to the
Council at the January 28, 2020 meeting.

In February 2022, an extensive Request for Proposal process was undertaken to assemble a P3 (Public Private Partnership) financial advisory team to analyze a P3 structure for a new Public Safety Building. The Scope of Work provided for a multi- phase procurement strategy to evaluate the potential cost implications of a new Public Safety Building based on a range of site and program alternatives that incorporated affordable housing and a revisioning of Civic Center Park, and to evaluate project delivery options.

Due to the complexity of a P3 structure, the City Council authorized Phase 1 work

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only in July 2022, which focused on an initial project financial and feasibility analysis associated with development of a conceptual site massing layout for the future Public Safety Building. The consultant team led by Project Finance Advisory, Limited (PFAL) was selected to perform this analysis. Concurrently with the project analysis work, Placeworks was retained to facilitate outreach via the Civic Center Community Engagement. Specifically these tasks focused on assessment and utilization of the Civic Center area amenities. Additional information is available on the City’s website at https://ggcity.org/civic-center.

As part of the Phase 1 Scope of Work, the PFAL team completed the following tasks:

Developed overarching goals and objectives for a new Public Safety Building project
Validated program needs identified in the 2020 Dewberry Report Developed site objectives and evaluation criteria including designation of a site to be considered for the new Public Safety Building and conceptual site massing alternatives
Performed outreach to stakeholders
Conducted a preliminary feasibility analysis and identification of potential project delivery options

The purpose of the initial feasibility analysis was to develop a preliminary cost estimate for the future Public Safety Building and determine optional delivery methods for the project. Throughout the process, PFAL completed a review of previously completed studies and plans, conducted meetings with staff and stakeholders to assess and validate goals and objectives for the public safety facilities, Civic Center Park and affordable housing options. There has been continued input from project stakeholders from the City Manager's Office, Finance, Community Services, Police, Community Development and Public Works Departments.

Validation processes of the 2020 Dewberry Report were undertaken to determine an appropriate building size, utilization of space and efficiencies, and optimal location of the new Public Safety Building. Through this process, it was determined that the new Public Safety Building would likely be a multi-story building totaling approximately 87,000 square feet, achieve sustainability goals, and meet GGPD infrastructure needs and potential growth to 2039. With the combined analysis of validation and site considerations, the team further concluded that the existing Civic Center Park area combined with the adjacent parking lot would be sufficient to accommodate a new Public Safety Building totaling 87,000 square feet, along with a multi-level parking structure to contain approximately 448 spaces, which will accommodate secured police fleet vehicle parking, staff personal vehicles, and some public parking.

The feasibility analysis prepared by the PFAL team estimated a preliminary project budget to be approximately $108 million for construction of the new building, revisioning of Civic Center Park, and a multi-level-floor parking structure. This estimate is intended to provide the City with an opinion of likely cost at a feasibility level, reflective of local market rates and conditions in Orange County. Adjustments to program cost estimates are expected and will be further refined through subsequent stages of the P3 process.

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•
•
•
•
Based on the feasibility analysis conducted by PFAL, it was recommended that the City Council advance the Design-Build-Finance (DBF) option for the following reasons:

A future site location has been identified.

Preliminary Public Safety Building program has been validated.

Retain asset operations and maintenance responsibility unless otherwise determined in the next phase of work.

Streamlined project schedule.

Ability to optimize risk transfer to Developer.

Guaranteed price and performance per negotiated contract.

In January 2023, the City Council directed staff to continue advancing the Civic Center Project and authorized:

An Amendment to the Professional Services Agreement with PFAL to proceed with Phase 2 and Phase 3 to develop a Request for Qualifications/Proposals (RFQ/P) to determine selection of a Preferred Developer and support the City through a progressive process to finalize a design, build, finance agreement with the selected developer;
An Amendment to the Professional Services Agreement with Placeworks to expand and and develop a plan for community and stakeholder engagement; and
Initiate work for an environmental analysis of the Civic Center Project by retaining an environmental consultant to assist the City with preparation of CEQA (California Environmental Quality Act) compliance documents, which will be conducted in parallel with the development of the RFQ/P.

DISCUSSION
In February 2023, a Request for Proposals (RFP) was released requesting services of an environmental consultant for the preparation of CEQA compliance documents for the Civic Center Project. Four (4) firms submitted proposals in response to the RFP:

De Novo Planning Group from Tustin, Environmental Science Associates (ESA) from Irvine, LSA Associates, Inc. from Irvine, and Michael Baker International from Santa Ana.

The selection process comprised of an evaluation team who carefully analyzed all proposals. The evaluation team recommends contracting with Michael Baker International to assist with all requested tasks. The consultant is qualified by virtue of experience and expertise to accomplish the services requested and has a clear understanding of the City’s objectives. Qualifications of Michael Baker International (“Michael Baker”) include:

Prepared a detailed and comprehensive budget and cost breakdown for all requested tasks and services.

Have committed to preparation and completion of the environmental clearance CEQA document for the Civic Center Project through a feasible schedule of milestones along a proposed project timeline that directly aligns with the City’s goals for overall project timing and to facilitate and advance other tasks of

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• •
•
• •
•
•
•
•
•
•
Phase 2/3 for the project.

Demonstrated extensive prior experience in providing environmental consulting services for other similar civic projects, including police station and fire station public safety facilities, parking structures, as well as park/community use facilities projects.

The Michael Baker team provides a good mix of familiarity with the City, and expertise in project management and environmental assessment.

FINANCIAL IMPACT
Funds have been budgeted in the Biennial budget for the FY 2021-2022 and FY 2022-2023 for the Civic Center Project.

RECOMMENDATION
It is recommended that the City Council:

Award a contract to Michael Baker International for the preparation of CEQA compliance documents for the Civic Center Project, in a not to exceed amount of $331,051.00, for Fiscal Year 2022-23;

Appropriate $331,051.00 from the Civic Center Project funds budget to Michael Baker International per agreement (GL:111-211-1280; JL: NC1326274);

Authorize the City Manager, or authorized designee, to execute the contract on behalf of the City and to make minor modifications as appropriate; and

Authorize the City Manager or authorized designee to sign amendments as appropraite, including the authorization to increase the compensation to a higher amount, provided sufficient funds are available.

By: Chris Chung, Senior Planner
ATTACHMENTS:

Description Upload Date Type File Name
Michael Baker CEQA
Proposal 3/18/2023 Exhibit Michael_Baker_CEQA_Proposal.pdf Draft Professional
Services Agreement 3/18/2023 Agreement Draft_Professional_Services_Agreement.docx

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•
•
•
•
•
•
REVISED MARCH 10, 2023

GARDEN GROVE CIVIC CENTER
CEQA COMPLIANCE PROPOSAL –
MI

CHAEL BAKER INTERNATIONAL
SUBMITTED BY:

SUBMITTED TO:

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Michael Baker

GARDEN GROVE INTERNATIONAL
I. LETTER OF INTEREST
MBAKERINTL.COM 5 Hutton Centre Drive, Suite 500 | Santa Ana, CA 92707 Office: 949.472.3505 | Fax: 949.472.8373

March 10, 2023

Chris Chung
City of Garden Grove
Community and Economic Development Department
11222 Acacia Parkway
Garden Grove, CA 92840

Subject: Revised Garden Grove Civic Center CEQA Compliance Proposal–Michael Baker International

Dear Mr. Chung:

Michael Baker International (Michael Baker) has been helping our municipal clients deliver capital projects of critical importance to their communities for over 80 years. We fully understand the urgency for the City to successfully implement this project as a means to effectively provide public safety services and other public amenities over the long term. We possess an extensive resume of environmental documents prepared for police facilities, fire stations, and other community facilities that will assist the City with an expedited, while defensible, environmental review under the California Environmental Quality Act (CEQA).

Our team is well suited to provide environmental clearance for the proposed project, given our extensive experience with both service facilities (i.e., police and fire stations), as well as community/park facilities. Our multi -disciplinary in-house capabilities allow us to provide these services without any subconsultants, providing enhanced efficiency, coordination, and communications to the City. Additional details regarding our key staff resumes and relevant experience are included within this proposal.

Based on the information provided by the City and our understanding of the project, we have outlined a work program to directly respond to the City’s needs. We are available to begin the work program immediately. Please do not hesitate to contact me at 949.855. 5747 or [email protected] should you have any questions or need clarification. We look forward to being of service to the City of Garden Grove.

Regards,

Kris
ten Bogue Richard Beck
Senior Associate/Project Manager Vice President

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II. Firm Qualifications

2 | Page
Michael Baker has a proven approach based on decades of experience providing highly sound and legally defensible environmental documentation, on schedule and within budget.

Founded in 1940 and c elebrating over 80 years of supporting our local communities, Michael Baker is a leader in environmental, planning, engineering, architecture, consulting, and technical/professional services with a local focus and global expertise. Michael Baker has a staf f of more than 3, 500 professionals with in- house expertise in disciplines that include Environmental Analysis, Planning, GIS Services, Surveying, Aerial Photogrammetry, Mapping, Real Estate
Assessments, Transportation/Traffic Engineering, Civil Engineering (including Grading, Public Works, Water/Wastewater, Hydrology), Mechanical/Electrical/Energy Services, CADD, and Media Services.

ENVIRONMENTAL SERVICES
As a leader in the environmental consulting field, Michael Baker offers an extensive array of services associated with environmental compliance and documentation. Michael Baker provides evaluation for the full range of environmental effects for all types of projects, including CEQA and NEPA documentation, land use, air quality and health risk assessments, greenhouse gas analyses, noise studies, regulatory agency permitting, biological resources , cultural resources, hazardous materials and waste, visual assessments, shade/shadow studies, photosimulations, photometric analysis, traffic studies, hydrology/water quality assessments, farmlands, community/socioeconomic analyses, biological mitigation/monitoring, and other technical areas.

Our environmental compliance managers have a broad resume of project experience in urban communities and have worked on numerous complex projects requiring technical expertise, creative solutions, and development of effective and workable mitigation. We can
confidently say that our
environmental expertise makes us
primed to assi st with this critically
important project for the City.

83 YEARS IN BUSINESS

FORM OF ORGANIZATION
Pennsylvania Corporation

NUMBER OF OFFICES
100+

NUMBER OF EMPLOYEES
3,450 Companywide

SERVICE OFFICE ADDRESS
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
Phone: 949-472-3505

PROJECT MANAGER

CONTACT INFOROMATION
Kristen Bogue, Senior Associate
Environmental Sciences
Department
Phone: 949-855-5747
Email: [email protected]

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INTERNATIONAL

AESTHETICS BIOLOGICAL

RESOURCES
M@

CULTURAL

RESOURCES

UTILITIES

CEOA I NEPA DOCUMENTS
~

GREENHOUSE

GAS AIR QUALITY

III. Key Team Personnel

3 | Page

The benefit of the Michael Baker Team is our team’s deep bench of experience and resources that allow us to successfully deliver high quality documents.

Our Team, led by Ms. Kristen Bogue (Project Manager) and Mr. Alan Ashimine ( Project Director), is comprised of professionals with expertise in preparing technical studies and environmental analysis for CEQA compliance projects.

Ms. Bogue will be the primary contact for day-to-day project management. In addition, Mr. Alan Ashimine, is available for overall quality assurance/quality control. The following is an organizational chart identifying each key professional and their responsibilities. Resumes for key team members are presented on the following pages.

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Frances Yau, AICP
Winnie Woo
Oscar Escobar
Michael Baker

INTERNAT I ONAL

GARDEN GROVE

PROJECT DIRECTOR
Alan Ashimine

PROJECT MANAGER
Kristen Bogue

ENVIRONMENTAL ANALYSIS

BIOLOGICAL RESOURCES
Art Popp

AIR DUALITY/ GHG / NOISE
Zhe Chen

HAZARDOUS MATERIALS
Kristen Bogue

CULTURAL RESOURCES/ NATIVE

AMERICAN CONSULTATION
Margo Nayyar

TRANSPORTATION
Carla Dietrich, PE, PTOE

HYDROLOGY/WATER DUALITY
Dave Mercier, PE, LEEP AP, CPESC®,
QSD/P, CGP ToR, IGP ToR, QISP
Garden Grove Civic Center CEQA Compliance Proposal – Michael Baker International

4 | Page

ALAN ASHIMINE | PROJECT DIRECTOR Years of Experience: 23 Mr. Ashimine will serve as Project Director and will serve as overall quality assurance/quality control. Mr. Ashimine uses his experience to substantiate conclusions within the document based on the results of complex technical documentation.

MICHAEL BAKER INTERNATIONAL KEY STAFF

M
r. Ashimine manages the Environmental Sciences Department in Michael Baker’s Santa Ana office. Mr. Ashimine’s primary responsibilities include oversight of the department’s daily operations, management of projects, staff mentoring and instruction, and scheduling and business development . He has extensive experience in the research, analysis, and writing of environmental documentation for a variety of projects inv olving civic/institutional, infrastructure, redevelopment, residential, and industrial uses. Mr. Ashimine uses his experience to manage and author environmental documentation, often incorporating the results of complex technical documentation to substantiate conclusions within the document . Mr. Ashimine has also successfully prepared environmental documentation for a range of highly controversial projects subject to scrutiny by the general public, environmental organizations, and public agencies.

Relevant Project Experience
• East Division Police Substation Initial Study/Environmental Assessment, Project Manager • Platinum Triangle Fire Station No. 12 Addendum, Project Director • Bay Bridge Pump Station and Force Mains EIR, Project Director

Kristen is a recognized leader in CEQA and NEPA studies. She has successfully prepared environmental documentation for a range of highly controversial projects subject to scrutiny by the general public, environmental organizations, and public agencies. Using her broad background and understanding of environmental constraints, she provides detailed, legally sound CEQA/NEPA compliance review and environmental documentation. Kristen also serves as the technical lead for Visual Analysis and Hazardous Materials services at Michael Baker, with a specialty in visual impact assessments, shade/shadow studies, photometrics, as well as Phase I Environmental Site Assessments.

Relevant Project Experience
• Mammoth Lakes Police Station Initial Study/Mitigated Negative Declaration, Environmental Analyst • Mammoth Creek Park West New Community Multi-Use Facilities EIR, Project Coordinator • Platinum Triangle Fire Station No. 12 Addendum, Environmental Specialist • Manhattan Beach Scout House Project, Project Manager
• Bay Bridge Pump Station and Force Mains EIR, Project Manager

KRISTEN BOGUE | PROJECT MANAGER Years of Experience: 18 Ms. Bogue will serve as Project Manager. She will be assigned project management of awarded CEQA document task orders. She will be responsible for the day-to-day management and supervision of the work program and will be the direct point of contact to the City. Ms. Bogue will be responsible for consulting with and coordinating the project Team to ensure a thorough analysis that complies with CEQA.

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Michael Baker

INTERNAT I ONAL
Garden Grove Civic Center CEQA Compliance Proposal – Michael Baker International

5 | Page

Additional Key Staff
As Michael Baker’s Technical Task Managers, the following specialists will manage technical analysis requests, verifying the necessary scope of work with City staff and ensuring consistency with project description assumptions, CEQA adequacy, and methodology assumptions.

Task Lead
Name
Years’
Experience
Emphasis Project Experience
Zhe Chen 6 Air Quality Assessment
Health Risk Assessment
Greenhouse Gas
Assessment
Energy Analysis
Noise Studies
• Bay Bridge Pump Station Project, Environmental
Analyst
• 205 East Valley Boulevard Project IS/MND,
Environmental Specialist
• Cal Water Well and Water Treatment Plant Project
IS/MND, Environmental Specialist
Carla
Dietrich,

PE, PTOE
23 VMT Analysis
Queuing Analysis
Level of Service Analysis
• Palos Verdes Drive West Corridor Feasibility Study,
Traffic Engineer
• Pacific Coast Highway Median Channelization, Traffic
Engineer
Art Popp 27 Biologist • Pio Pico Library Pocket Park & Underground Parking Structure Project, Los Angeles, CA
• Beri Hillside Estates, Fullerton, CA
Margo
Nayyar
12 Cultural/Historical
Resources Assessment
• City of Newport Beach, Lido Fire Station Replacement
IS/MND, Task Manager
• University of California Irvine, UCI - Center for Child Health Cultural Resources Study, Task Manager
Dave
Mercier
20 Hydrology/Water Quality • Santa Ana River Trail 1, Task Lead • Lennar College Park SWPPPs, Task Lead
• Storm Water Management and Environmental
Engineering Services at California State Parks,
Contract Manager
Frances
Yau
9 CEQA / NEPA
Generalist
• Platinum Triangle Fire Station No. 12 Addendum
• Mammoth Creek Park West New Community Multi-
Use Facilities EIR
Winnie
Woo
2 CEQA / NEPA
Generalist
• Victoria Boulevard Apartments EIR, Environmental
Analyst.
• Platinum Triangle Fire Station No. 12 Addendum
Oscar
Escobar
1 CEQA / NEPA
Generalist
• Victoria Boulevard Apartments EIR, Environmental
Analyst
• Bay Bridge Pump Station Project, Environmental
Analyst

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Michael Baker

INTERNATIONAL

IV. Detailed Work Plan

6 | Page
Based on our discussions with City staff, we understand the City is proposing to relocate the police station, relocate an existing park facility, and construct a new parking structure. Based on this information and the anticipated entitlements, Michael Baker’s in-house technical team will conduct preliminary environmental investigation through preparation of an Initial Study in order to determine the appropriate CEQA documentation for the project. As such, our scope of work outlines this approach. We are open to refining our scope and approach based on feedback from the City and are providing this preliminary proposal with a menu of options (exemption/negative declaration/mitigated negative declaration, or an environmental impact report) to maximize flexibility in regards to schedule and cost.

Task 1. Project Coordination and Management:

Ms. Kristen Bogue will serve as Project Manager and will be responsible for implementation of all key Project Management tasks identified in this scope of work, overall management and supervision of the Project Team, and ongoing consultation with City staff. Mr. Ashimine will provide overall quality assurance/quality control. Ms. Bogue will undertake consultation and coordination of the project , invoicing, and review the documentation per the CEQA requirements and guidelines and City of Garden Grove CEQA procedures. Ms. Bogue will coordinate with all technical staff, consultants, and support staff, toward the timely completion of the CEQA documentation . It is Michael Baker’s goal to serve as an extension of the City staff throughout duration of the CEQA process.

Ms. Bogue will conduct the project Kick -Off Meeting, virtual, as well as other virtual bi-monthly project coordination meetings (determined by the City as necessary). Ms. Bogue will represent the Project Team at public hearings and make PowerPoint Pres entations, as necessary. Should City staff determine that additional meetings beyond the following are necessary, services will be provided under a separate scope of work on a time and materials basis.

• One (1) Virtual Kick-Off Meeting;
• Virtual Preliminary Findings Meeting;
• Virtual Bi-weekly Conference Calls with City staff, as necessary; and • Four (4)
in -person or virtual public hearings, as necessary (refer to Task 8.1).

Task 2. Initial Study:

2.1 TECHNICAL STUDIES

2.1.1 Air Quality and Noise Modeling Preliminary Findings Michael Baker will conduct a screening- level air emissions modeling using the California Emissions Estimator Model version 2022.1 (CalEEMod), and short -term and long- term noise and vibration calculations. The results wil l be compared to the South Coast Air Quality Management District’s (SCAQMD) regional and localized thresholds, and the City’s Noise Ordinance to determine the significance level.

2.1.2 VMT Screening Memorandum/LOS Analysis
Michael Baker ’s in -house transportation specialists will document the project description, trip generation analysis including estimated site trips, and Vehicle Miles Travelled ( VMT) screening analysis in a Screening Memorandum for the proposed project. Screening criteria will be reviewed to determine if the project can be screened out from the requirement to prepare a detailed VMT analysis based on project location, size, and type. The City of Garden Grove Traffic Impact Analysis Guidelines for Vehicle Miles Traveled and Level of S ervice Assessment (May 2020 or latest version) will be utilized to conduct the analysis. Specifically, the following project screening criteria will be evaluated:

Step 1: Transit Priority Area (TPA) Screening; Step 2: Low VMT Area Screening; and Step 3: Project Type Screening.

A project -specific trip generation analysis will be conducted using trip rates from the ITE Trip Generation Manual (Institute of Transportation Engineers, 11th Edition) to determine the number of trips associated with the planned project. A preliminary review of the City guidelines indicates that the project will likely screen out as a result of the

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Project Type Screening since the list of projects that can be presumed to have a less -than-significant VMT impact include local parks and community institutions. Therefore, based on the current understanding of the project, it is assumed that this project will likely screen out of a full VMT assessment and a VMT calculation is not anticipated.

Michael Baker will document the screening analysis process, assumptions, and findings in a technical memorandum for City review. This scope of work includes a total of two rounds of electronic submittals (one draft and one final). In the event that the project does not screen out and a VMT calculation is required, Michael Baker will prepare a scope of work to conduct a full VMT assessment for an additional fee if requested by City staff.

Michael Baker will prepare a Level of Service Assessment scoping document to determine if a traffic operations analysis will be required including the appropriate study area affected by the project. The City of Garden Grove Traffic Impact Analysis Guidelines for Vehicle Miles Traveled and Level of Service Assessment (May 2020 or latest version) will be utilized to conduct the analysis. The scoping document will discuss the following items: 1) trip generation estimates for the daily, AM and PM peak hours; 2) distribution and assignment of project -related trips; 3) site access/on- site traffic circulation; 4) project study area; and 5) study scenarios. To supplement an existing use trip credit analysis, Michael Baker will hire a contractor to conduct AM peak period (7:00 to 9:00 AM) and PM peak period (4:00 to 6:00 PM) traffic counts at up to three (3) existing site access driveways. The scoping document will determine if a change in site trips will require the evaluation of site access driveways and/or an extended study area beyond the project frontage. One phase of project completion and up to two (2) trip distribution patterns are assumed. This scope of work includes a total of two rounds of electronic submittals (one draft and one final). Should the initial assessment determines that additional level of service analysis is required, this can be accommodated under either Optional Task outlined below.

2.1.2A Focused Level of Service Assessment (Optional Task) If the project affects the estimated number of site trips in the immediate area of the site along the project frontage at the site driveways, Michael Baker will prepare a focused traffic study to evaluate traffic operations and the need for improvements based on Existing Year and Opening Year With Project AM Peak Hour and PM Peak Hour conditions.

Information developed in the Level of Service Assessment Scoping Memorandum will be utilized in this analysis. This evaluation assumes the traffic operations analysis of up to four (4) site driveways. Analysis tools will include Synchro, HCS, and/or Sidra. It is assumed that a future year growth rate and a list of planned/approved projects will be provided by City staff. This scope of work includes a total of two rounds of electronic submittals (one draft and one final). If a full Level of Service Assessment is needed, the analysis will be documented in one combined report.

2.1.2B Full Level of Service Assessment (Optional Task) If the project affect s off-site intersections in the area, Michael Baker will supplement the Focused Level of Service Assessment with a Full Level of Service Assessment. This optional task assumes the evaluation of up to six (6) off-site study intersections under Existing Year and Opening Year AM Peak Hour and PM Peak Hour conditions (Without and With Project scenarios). Analysis tools will include Synchro, HCS, and/or Sidra. Information developed in the Level of Service Assessment Scoping Memorandum and under the Focused Level of Service Assessment will be utilized in this analysis.

2.1.3 Biological Resources Assessment
Michael Baker will conduct a database search of the California Department of Fish and Wildlife’s California Natural Diversity Database, the California Native Plant Society’s Inventory of Rare and Endangered Plants of California, and the U.S. Fish and Wildlife Service’s Information for Planning and Consultation project planning tool and Critical Habitat online mapper to identify any special -status biological resources known to occur within the vicinity of the project site.

Michael Baker will also review historic/current aerial photographs and topographic maps to assess exist ing site conditions and any ecological changes that have occurred within the project sites. Following the literature review, Michael Baker will conduct a field survey of the project site to confirm baseline biological conditions. Notes will be taken on all plant and wildlife species observed on-site during the field survey. In addition, the location of any special -status plant and wildlife species and special-status vegetation communities will be mapped, if present on-site. Michael Baker will then prepare a biological memo report summarizing the information and results obtained during the literature review

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and field survey; document all plant, wildlife, and vegetation communities observed; and determine the potential for any special-status species to occur on or within the vicinity of the project site. Site photographs taken during the field survey and Geographic Information Systems (GIS) figures will be included in the report to further enhance written text and visually identify specific biological information as it relates to the project site. In addition, the report will analyze potential project -related impacts to biological resources, and identify any additional biological surveys, mitigation measures, and/or regulatory approvals that may be required in order to ensure the analysis of biological resources is compliant with current standards under the California Environmental Quality Act.

2.1.4 Cultural Resources Identification Memorandum
As part of the cultural resources identification study, Michael Baker International will complete a cultural resources records search of the project site with a 0.5- mile search radius at the South Central Coastal Information Center, literature, historic map and aerial photo review, local historical society consultation with one organization, Native American Heritage Commission sacred lands file search, an archaeological and architectural survey, and an archaeological sensitivity analysis of the project site. The existing civic center was developed over 50 years ago and includes the library, police station, senior center, additional buildings, landscaping, and public art. Since the project proposes to demolition the police center and landscaping, and alter the setting of other civic center buildings, we will evaluate the civic center area for inclusion in the California Register of Historical Resources as a historic district.

Additionally, we will conduct an evaluation of the police station to determine its individual significance. The resources will be recorded and evaluated on the appropriate California Department of Parks and Recreation (DPR) 523 series forms. The intent of the above- mentioned cultural resources identification efforts is to determine if there are historical resources, as defined in Section 15064.5(a) of the California Environmental Quality Act, within the project site.

2.1.5 AB 52 and SB 18 Assistance
Michael Baker will assist the City with meeting Native American consultation requirements pursuant to Assembly Bill (AB) 52 and Senate Bill (SB) 18. In coordination with the City, we will draft and send consultation letters to tribes that have requested AB52 notification; attend consultation meetings as requested up to 16 hours for a senior archaeologist, and maintain the consultation log using letters, emails, and phone conversation summaries. The consultation log with be included as an appendix to the environmental document. Because consultation is required to be government -to- government, pursuant to State law, we assume the City will provide letterhead for the letters and be involved in consultation meetings and coordination. Additionally, we will assist the City with meeting Native American consultation requirements pursuant to SB 18. Michael Baker will request a Sacred Lands File search and Tribal contact list from the Native American Heritage Commission (NAHC), and will draft and send the SB 18 consultation letters to the tribes identified by the NAHC, and maintain the consultation log. As above, we assume the City will provide letterhead for the letters and be involved in consultation meetings and coordination. We assume 16 hours for a senior archaeologist to attend consultation meetings. It is acknowledged that AB 52 and SB 18 tribal contacts are often different.

2.1.6 Hydrology/WQMP
Michael Baker will coordinate and deliver a Preliminary Water Quality Management Plan (WQMP). The WQMP will comply with the requirements of Orange County, the Regional Water Quality Control Board (RWQCB), and the City of Garden Grove. The WQMP will include Pollu tants of concern a discussion of hydrologic conditions of concern, b est management practices, operation and maintenance of BMPs, and a discussion on funding. As part of the WQMP, a hydrologic analysis will be conducted to inform outfalls, run- off/on, and stormwater interfacing with industrial, construction, and MS4 Permit related pollutant sources. The hydrologic analysis will be informed by a site visit. A map of the area featuring the outfalls, areas of concern, and MS4 inlets will be created.

2.2 ADMINISTRATIVE DRAFT INITIAL STUDY

The Initial Study will include detailed explanations of all checklist determinations and discussions of potential environmental impacts. The analysis will be prepared in accordance with Public Resources Code Section 21080(c) and CEQA Guidelines Section 15070. The Initial Study will be structured in the same format as CEQA Guidelines Appendix

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G and will describe the project’s location, environmental setting, and characteristics. The Initial Study’s main body will consist of a City-approved environmental checklist and an accompanying environmental analysis. The project will be analyzed for its potential to create significant environmental impacts in the areas specified on the City ’s approved environmental checklist. The Initial Study will also include mandatory findings of significance, long- term versus short- term goals, cumulative impacts, and direct and indirect impacts upon human beings. Based upon the Environmental Checklist/Environmental Analysis, the determination page will denote the appropriate CEQA action (Negative Declaration or Mitigated Negative Declaration). This scope of work assumes that all Tasks 2.1.1 through 2.1.5 will be incorporated into the Initial Study. This scope of work also assumes that the following technical information, if available, will be provided by the City and incorporated into the CEQA documentation, and are excluded from this scope of work:

• G
eotechnical Investigation and/or Soils Report;
• Hazardous Materials Documentation (including Phase 1 and Phase 2 Assessments); and • Information related to proposed utility connection improvements (e.g., undergrounding overhead poles and proposed sewer/water connection locations).

Task 3. Preparation of Exemption, Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report, (either task 3A or 3B):

Task 3A – CEQA CLEARANCE OPTION 1: CE/ND/MND
3A.1 Finalize CE/ND/MND
Michael Baker will respond to one complete consolidated set of comments from City staff on the Administrative Draft Initial Study. Michael Baker will provide a “Second Administrative” Draft in Track Changes to assist with review of the document. Michael Baker will respond to a second complete consolidated set of comments from the City on the Second Administrative Draft Document. Michael Baker will provide a “Proof Check” Draft in track changes to assist with final check of the document. Michael Baker will finalize the Draft Document (either a Negative Declaration or Mitigated Negative Declaration) or an Exemption Report.

Task 3B – CEQA CLEARANCE OPTION 2: ENVIRONMENTAL IMPACT REPORT Should the environmental analysis described in Tasks 2.1 and 2.2 determine that impacts would be potentially
significant, Michael Baker will prepare an Environmental Impact Report (EIR), in accordance with the CEQA Guidelines.

As part of the EIR process, Michael Baker staff will prepare an Initial Study/Notice of Preparation (NOP) and a Draft EIR. The following outlines our scope of work for preparation of an EIR. 3B.1 Notice of Preparation
Michael Baker will finalize the Initial Study for public review. Michael Baker will prepare required CEQA notice (i.e., Notice of Preparation [NOP]) for City review. The NOP will be attached to the Initial Study to fully explain the proposed project and its effects. The Initial Study/NOP would be subject to a mandatory 30- day public review period. A public scoping meeting, which can also involve Federal, State, or other local agencies, will be scheduled during the Initial Study/NOP public review period, in order for the community to gain an understanding of the proposed project and provide comments on environmental concerns. The Scoping Meeting will orient the community on the CEQA review process, and will be presented in a manner that which the community can gain a greater understanding of the proposal, intent of CEQA, and the key issue areas to be addressed in the EIR. Michael Baker will provide a PowerPoint Presentation, handouts, and presentation- size graphics to supplement the discussion, as needed. Following the presentation, the meeting will be devoted to public participation, questions, and comments. Comment forms will be

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provided for this purpose, and the written comments, along with oral comments, will become a part of the administrative record. This task assumes attendance of one (1) NOP scoping meeting. 3B.2 Administrative Draft EIR
Michael Baker will evaluate the necessary information with respect to existing conditions, the potential adverse project effects (both individual and cumulative), and measures to mitigate such effects. Environmental issues raised during the scoping process (NOP responses, Public Scoping Meeting, and any other relevant and valid informative sources) will also be evaluated. The analyses will be based upon all available data, results from additional research, and an assessment of existing technical data. This scope of work assumes that all Tasks 2.1 and 2.2, including assumptions, will be incorporated into the EIR. The EIR’s Environmental Analysis section will thoroughly discuss the existing baseline conditions for each environmental issue area and will identify the project’s short-term construction-related impacts and long-term operational impacts, and their level of significance. This scope of work assumes the following topic areas will be included in the EIR environmental analysis:

• Air Quality; • Hazards and Hazardous Materials; • Transportation; • Noise; • Utilities and Service Systems. • Hydrology/Water Quality; and • Energy; • Greenhouse Gas Emissions; • Biological Resources. • Land Use; • Tribal and Cultural Resources;
This scope of work assumes that the initial Study will screen out all other CEQA environmental topics. A brief discussion will be provided for all environmental issues determined to be No Impact or Less Than Significant Impact in the Initial Study, explaining why these determinations were made and that no further analysis in the EIR is warranted. Michael Baker will provide additional sections in the EIR to meet CEQA and City requirements including the following:

• Executive Summary;
• Introduction/Project Description;
• Cumulative Impacts;
• Thresholds of Significance;
• Other CEQA Considerations, which includes a discussion of significant irreversible environmental changes that would be involved in the proposed project should it be implemented; • Alternatives to the Proposed Project;
• Effects Found Not To Be Significant; and
• Organizations and Persons Consulted/Bibliography.
3B.3 “Proof Check” Draft EIR
Michael Baker will respond to one complete consolidated set of comments from the City on the Administrative Draft EIR. Michael Baker will provide a “Proof Check” Draft in track changes to assist with final check of the document. 3B.4 EIR CEQA Notices
Michael Baker will prepare for City staff review and distribute applicable CEQA Notices, as outlined below. The Public Notices will be distributed via FedEx and/or certified mail to anticipated responsible, trustee, and interested agencies, community groups, and individuals, as well as electronically to the State Clearinghouse. All distribution will be based upon a City -provided distribution list. This scope assumes that City staff will be responsible for any required radius mailing or newspaper notices.

• Notice of Completion (NOC) - Michael Baker will prepare the NOC for submittal to the State Clearinghouse at the onset of the 45- day Draft EIR public review period. The NOC will follow the State Clearinghouse recommended format.

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• Notice of Availability (NOA) - Michael Baker will prepare the NOA for distribution along with the Draft EIR at the onset of the 45-day public review period. The NOA will include required project information including a brief Project Description, the start/end dates of the public review period, locations where the EIR is available for review, and City staff contact information.

Task 4. Circulation of Environmental Documents/Determination:

4.1 Public Review Draft Document
Michael Baker will prepare the CEQA Document for public review. This task assumes that no substantive changes will be requested, as this review focuses on minor comments/clarifications. Michael Baker will prepare required CEQA notices for City review. These will be attached to the Public Review Draf t Document to explain the proposed project and its effects, as well as the availability of the document for public review and comment. The Public Review Draft Document would be subject to a mandatory public review period. Should the project qualify for an exemption, the Exemption Report along with a Notice of Exemption will be finalized and provided to City staff for review. It is acknowledged that a NOE is not subject to a public review period.

Task 5. Response to Comments and Final Environmental Determina tion:

5.1 Responses to Comments
Michael Baker will qualitatively respond to all written comments received from agencies, organizations, and interested persons on the Public Review Draft Document during the public review period. This would include, but not be limited to special interest groups and/or law firms representing commenting parties. Michael Baker will prepare thorough, reasoned, and sensitive responses to significant environmental points raised in the review and consultation process.

This task includes written responses to both written and oral comments received on the Public Review Draft Document (includes review of City-provided hearing transcripts, if applicable). It is noted that it is unknown at this time the extent of public and agency comments that will result from the review process. This scope assumes 20 comment letters two to three pages in length, and up to three comment letters of extensive detail (more than 20 pages in length). Comments in excess of these assumptions will be considered outside of this scope of work and cost estimate. We will work closely with City staff in drafting responses and revising the Draft Document. This scope assumes no new technical analyses or field work are required to respond to comments. Should the level of comments and response exceed our estimate, Michael Baker will submit additional funding requests to the City in order to complete the responses. The scope of work does not assume supplemental technical studies or extensive additional analysis will be required to provide responses to comments. The CEQA Document will be revised in accordance with the responses to public comments on the Public Review Draft Document. To facilitate City review, Michael Baker will format the Final Document with “underlining” for any new/modified text and “strike out” for any text deleted from the Public Review Draft Document. The Final Document revisions will be presented in summary form in an errata to the Public Review Draft Document.

Task 6. Mitigation Monitoring and Reporting Program (MMRP) (as required):

6.1 Mitigation Monitoring and Reporting Program
To comply with the Public Resources Code Section 21081.6 (AB 32180), Michael Baker will prepare a Mitigation Monitoring and Reporting Program (MMRP) to be defined through working with City staff to identify appropriate monitoring steps/procedures and in order to provide a basis for monitoring such measures during and upon project implementation. The MMRP Checklist will serve as the foundation of the proposed project’s MMRP. The Checklist indicates the mitigation measure number as outlined in the EIR, a list of Mitigation Measures (in order under the appropriate topic), the Monitoring Milestone (at what agency/department responsible for verifying implementation of the measure), Method of Verification (documentation, field checks, etc.), and a verification section for the initials of the verifying individual date of verification, and pertinent remarks.

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Task 7. Final EIR (as required):

7.1 Administrative Draft Final Document
The final document will include a purpose subsection, reference the review process, comment letters received, responses to comments, any required edits/updates to the Public Review Draft Document, and the Mitigation Monitoring and Reporting Program. Michael Baker will respond to one set of comments from the City on the Administrative Draft Final EIR to prepare a “Proof Check” Review Draft Final EIR. Michael Baker will provide the “Proof Check” Draft Final EIR in track changes to assist with final check of the document.

7.2 Publication of Final Document
Michael Baker will respond to one complete consolidated set of comments from the City on the “Proof Check” Final Document. This task assumes that no substantive changes will be requested, as this review focuses on minor comments/clarifications. Michael Baker will provide City staff with a Final Document for publication on the City ’s website.

7.3 Findings and Statement of Overriding Considerations Michael Baker will provide administrative assistance to facilitate the CEQA process including the preparation of the Notice of Determination, Statement of Overriding Considerations and Findings for the City’s use in the project review process. Michael Baker will prepare the Findings in accordance with the CEQA Guidelines Sections 15091 and 15093 and in a form specified by City staff. Michael Baker will submit the Administrative Draft Findings and Statement of Overriding Considerations for City review and will respond to one set of City comments to prepare a “Proof Check” Draft of the Findings and Statement of Overriding Considerations for review. The “Proof Check” Draft will be provided in track changes to assist with final check of the document.

Task 8. Pu blic Hearings:

8.1 Public Hearings
Ms. Bogue will represent the Project Team up to four (4) in-person or virtual public hearings and make PowerPoint Presentations, as necessary. Should City staff determine that additional meetings beyond the following are necessary, services will be provided under a separate scope of work on a time and materials basis.

Task 9. Notice of Determination:

9.1 NOD Filing
Michael Baker will prepare and file the Notice of Determination ( NOD) with the County Clerk and the State Clearinghouse within five (5) days after deciding to carry out or approve the project. This scope excludes applicable California Department of Fish and Wildlife (CDFW) filing fees.

Deliverables
This scope of work assumes that all Administrative Drafts, the Notice of Determination, and the Statement of Overriding Considerations will be provided electronically in MS Word and PDF file format. Mailings for up to 35 copies of the Notice of Preparation and Notice of Availability/Notice of Intent to Adopt will be provided. Up to 3 hard copies of the Public Review Drafts (i.e., Initial Study, Draft EIR, and Final Document) will be provided. One hard copy of the Technical Appendices will be provided. Last, Michael Baker will assist City staff with uploading materials to the State Clearinghouse via CEQAsubmit, including preparation of the State Clearinghouse Summary Form and Notice of Completion.

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V. Schedule

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A date- specific schedule will be provided shortly after the Kick-Off Meeting . The schedule considers on- going coordination and meetings with the project team through the duration of the project.

INITIAL STUDY/TECHNICAL STUDIES
Project Kick-Off Meeting Month 1
MBI provides City data needs/Construction Questionnaire Month 1 Research and Investigation Initiated Month 1
Technical Studies Month 2
Preliminary Findings Meeting Month 2
Administrative Draft Initial Study Months 1-3

3A. CEQA CLEARANCE OPTION 1: CE/ND/MND
Screencheck Draft Initial Study Months 1-3
“Proof Check” Draft Initial Study/Mitigated or Negative Declaration Months 3-4 Publication for 30-Day NOP Public Review+ Months 4-5
Final Initial Study/Mitigated Negative Declaration Months 4-5 Completion of the Final IS/MND Month 6

3B. CEQA CLEARANCE OPTION 2: ENVIRONMENTAL IMPACT REPORT Screencheck Draft Initial Study Month 2
“Proof Check” Draft Initial Study Month 2
Publication for 30-Day NOP Public Review/NOP/Scoping Meeting Months 2-3 Administrative Draft EIR Months 2-4
Preliminary Draft EIR Month 5
Complete, Publish, and Circulate Draft EIR Months 5-6
Publication for 45-Day Draft EIR Public Review Period Months 6 - 7 Administrative Final EIR Month 8
“Proof Check” Draft Final EIR Month 9
Publish Final EIR Month 9

Notes/Assumptions:

• This schedule is contingent upon Michael Baker receiving data needs (e.g., project information/plans, construction assumptions, etc.) in a timely manner from the City or the City’s consultants/contractors. • This schedule assumes that City staff will provide one consolidated set of comments on Administrative Draft submittals. In other words, comments from various City departments, legal counsel, and City management will be combined and reviewed to eliminate redundant and/or conflicting comments. • This schedule is based upon expedited timelines for City/legal reviews to meet the aggressive schedule for the project.
• This schedule is subject to refinement based on additional discussions with City Staff and information provided at the kick-off meeting.

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VI. Cost Estimate

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Alan
Ashimine
Kristen
Bogue
Frances
Yau
Winnie
Woo
Eddie
Torres
Zhe
Chen
Carla
Dietrich
Margo
Nayyar
Dave
Mercier
Art
Popp
Graphics
Formatting
MB Total
Hours Total Cost
TASK $295 $230 $165 $115 $300 $165 $215 $250 $300 $225 $140

1.0. PROJECT COORDINATION AND MANAGEMENT

1.0 Project Coordination and Management 31 96 2 129 $31,675

2. 0. INITIAL STUDY

2.1 Technical Studies

2.1.1 Air Quality and Noise Modeling 2 49 51 $8,685

2.1.2 VMT Screening Memo/LOS Analysis 50 50 $10,750

2.1.3 Biological Resources Assessment 28 19 47 $7,495

2.1.4 Cultural Resources Identification Report 95 95 $23,750

2.1.5 AB 52 and SB 18 Assistance 4 35 39 $9,670

2.1.6 Hydrology/WQMP 49 49 $14,700

2.2 Administrative Draft Initial Study 8 26 24 95 16 98 12 279 $45,875 TOTAL HOURS 39 126 24 123 18 147 50 130 49 21 12 739
*Percent of Total Labor (Hours) 5.3% 17.1% 3.2% 16.6% 2.4% 19.9% 6.8% 17.6% 6.6% 2.8% 1.6% Subtotal Tasks 1 and 2 Costs $11,505 $28,980 $3,960 $14,145 $5,400 $24,255 $10,750 $32,500 $14,700 $4,725 $1,680 $152,600

3.0. PREPARATION OF EXEMPTION, NEGATIVE DECLARATION, MITIGATED NEGATIVE DECLARATION, OR ENVIRONMENTAL IMPACT REPORT (either Task 3A or 3B) 3A: CEQA CLEARANCE OPTION 1: CE/ND/MND
3A.1 Finalize CE/ND/MND 4 16 4 32 2 6 12 76 $12,470 3A. Deliverables $3,500
TOTAL HOURS 4 16 4 32 2 6 0 0 0 12 76
*Percent of Total Labor (Hours) 5.3% 21.1% 5.3% 42. 1% 2.6% 7.9% 0.0% 0.0% 0.0% 15.8% Subtotal Task 3A: Option 1 Costs $1,180 $3,680 $660 $3,680 $600 $990 $0 $0 $0 $1,680 $15,970 3B: CEQA CLEARANCE OPTION 2: ENVIRONMENTAL IMPACT REPORT 3B.1 Notice of Preparation 2 8 16 8 34 $5,390
3B.2 Administrative Draft EIR 8 38 48 128 32 96 12 362 $60,860 3B.3 "Proof Check" Draft EIR 4 16 6 24 8 12 70 $11,610 3B.4 EIR CEQA Notices 4 12 16 $2,300
3B EIR Deliverables $6,000
TOTAL HOURS 14 66 54 180 32 104 0 0 0 32 482
*Percent of Total Labor (Hours) 2.9% 13.7% 11.2% 37. 3% 6.6% 21.6% 0.0% 0.0% 0.0% 6.6% Subtotal Task 3B: Option 2 Costs $4,130 $15,180 $8,910 $20,700 $9,600 $17,160 $0 $0 $0 $4,480 $86,160

4.0. CIRCULATION OF ENVIRONMENTAL DOCUMENTS/DETERMINATION

4.1 Public Review Draft Document 1 6 14 2 6 29 $4,455

5.0 RESPONSES TO COMMENTS AND FINAL ENVIRONMENTAL DETERMINATION

5.1 Response to Comments 6 16 60 16 2 100 $15,270

6.0 MMRP (as required)6.1 Mitigation Monitoring and Reporting Program 1 6 7 $920

7.0 FINAL EIR (as required)

7.1 Administrative Draft Final Document 10 16 2 28 $4,420

7.2 Publication of Final Document 2 2 2 6 $970

7.3 Findings/Overriding Considerations 1 6 20 27 $3,975

8.0 PUBLIC HEARINGS

8.1 Public Hearings 8 24 4 36 $8,440

9.0 NOTICE OF DETERMINATION

9.1 NOD Filing 1 12 13 $1,610
TOTAL HOURS 16 66 0 130 0 18 0 0 0 16 246
*Pe
rcent of Total Labor (Hours) 6.5% 26.8% 0.0% 52.8% 0.0% 7.3% 0.0% 0.0% 0.0% 6.5% Subtotal Tasks 4 through 9 Costs $4,720 $15,180 $0 $14,950 $0 $2,970 $0 $0 $0 $2,240 $40,060 TOTAL COSTS - CEQA CLEARANCE OPTION 1 (CE/ND/MND) INCLUSIVE OF TASKS 1, 2, 3A, and 4 through 9 $208,630 TOTAL COSTS - CEQA CLEARANCE OPTION 2 (EIR) INCLUSIVE OF TASKS 1, 2, 3B, and 4 through 9 $278,820 10% Contingency $27,882

OPTIONAL TASKS

2.1.2A Focused Level of Service Assessment 52 52 $11,180

2.1.2B Full Level of Service Assessment 89 89 $19,135

2.1.2B ODC 0 $3,000
10% Contingency $2,214
TOTAL CONTRACT COST WITH OPTIONAL TASKS AND 10% CONTINGENCY $331,051 Note: All work will be performed at a "Not to exceed" contract price, which will become the firm fixed price upon completion of negotiations with the Client. The total budget includes all miscellaneous costs for travel/mileage, reproduction, reimburseables, telephone, postal, delivery, reference materials and incidental expenses. Michael Baker will receive payment on a percentage basis by monthly billing. The Michael Baker project manager reserves the right to make adjustments to staff allocations as necessary within the overall budget.

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VII. Project Experience

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Michael Baker takes great pride in providing high quality documentation, on time, and on budget, which is proven by our long-standing client relationships.

Michael Baker has the qualifications, experience, and staff to provide quality environmental consulting services for civic projects, including police station and fire station facilities, as well as park/community use facilities projects. The following are recent examples of projects with similar scopes of work.

EAST DIVISION POLICE SUBSTATION | IS/EA
Michael Baker International assisted the City of Long Beach with preparation of CEQA and NEPA documentation for the East Division Police Substation within the City of Long Beach.

The proposed project involved the transfer of the existing Schroeder Hall U.S. Army Reserve Center from the Department of the Army to the City of Long Beach under the Federal Base Realignment and Closure Act (BRAC). Upon completion of the property transfer, the City of Long Beach was to relocate its existing East Division Police Substation to the Schroeder Hall site. Michael Baker prepared an Initial Study/Mitigated Negative Declaration (IS/MND) under CEQA through the City of Long Beach. Michael Baker also processed an Environmental Assessment (EA) through the Department of the Army for NEPA compliance. Primary technical issues addressed in the IS/MND included historical resources (due to the age and characteristics of the Schroeder Hall facility), air quality, noise, and traffic.

MAMMOTH LAKES POLICE STATION | IS/MND
Michael Baker prepared the IS/MND for the Mammoth Lakes Police Station for the Town of Mammoth Lakes. The IS/MND consisted of the analysis of several different issue areas.

Key issues addressed in the IS/MND include aesthetics, air quality, cultural resources, geology, hydrology, noise, traffic, and utilities. Mitigation measures for the Mammoth Lakes Police Station included an outdoor lighting plan, compliance with the Great Basin Unified Air Pollution Control District, soils r eport, compliance with the Regional Water Quality Control Board, drainage study, traffic monitoring program, and water supply assessment.

MAMMOTH CREEK PARK WEST NEW COMMUNITY MULTI -USE FACILITIES ENVIRONMENTAL IMPACT REPORT | EIR
Michael Baker International prepared an Initial Study and Environmental Impact Report (EIR) for the proposed Mammoth Creek Park West New Community Multi -Use Facilities. The project consists of constructing new community multi-use facilities at the project site, encompassing a maximum 100-foot by 200-foot ice rink (winter)/recreation/event area (RecZone) covered by an approximately 30,000 square- foot roof structure and additional storage and support space. In addition, the proposed project includes a 13,000 square-foot complementary community center, reconfiguration and improvements to an existing playground to add accessible interactive components, restroom improvements, and 107 additional surface parking spaces. Key environmental analyses included potential noise impacts from proposed recreational activities (including a partially enclosed ice rink) on nearby

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Michael Baker

INT E RNAT I ONAL
Garden Grove Civic Center CEQA Compliance Proposal – Michael Baker International

16 | Page

residence, potential traffic hazards involving the proposed driveway location, and potential site disturbance of known cultural artifacts.

SCOUT HOUSE PROJECT | CLASS 32 CE
Michael Baker is currently assisting the City of Manhattan Beach in preparing a Class 32 Categorical Exemption (CE) Report for the Scout House Project. The project involves the demolition of the existing Scout House building and the construction of a new 8,323 square-foot community center. Key environmental issues included consideration of potential historical concerns with the existing Scout House structure as well as construction-related vibration concerns during construction (due to the proximity of off-site buildings).

MATER DEI HIGH SCHOOL PARKING STRUCTURE | EIR
Michael Baker International assisted the City of Santa Ana with preparation of an EIR for the Mater Dei High School Parking Structure Project. Mater Dei High School intends to construct a new, three-level parking structure adjacent to its existing campus. The EIR included preparation of a detailed traffic impact analysis to determine potential transportation impacts to adjacent uses, which consist primarily of single- family residential neighborhoods. Other primary issues to be analyzed within the EIR include air quality, greenhouse gases, and noise.

PLATINUM TRIANGLE FIRE STATION NO. 12 | ADDENDUM
Michael Baker International assisted the City of Anaheim with preparation of an Addendum to a Program EIR. The proposed project would construct a new Anaheim Fire and Rescue Station and would serve as a first response for emergency services within the Plat inum Triangle Expansion area. The proposed fire station would house approximately eight firefighters and include eight dormitory rooms, kitchen, crew bathrooms, and an outdoor patio.

Additionally, the new fire station would include three apparatus bays for emergency vehicles, a maintenance area that would include a diesel refueling site, and an emergency power generator that would be capable of carrying full load of all site/station circuits. Key issues addressed within the Addendum include noise, air quality, greenhouse gas emissions, and energy.
13861 BROOKHURST STREET SHOPPING CENTER EXPANSION PROJECT | IS/MND
Michael Baker International assisted the City of Garden Grove with preparation of an IS/MND. The project proposes expansion of the existing on- site shopping center to include approximately 17,600 square feet of new commercial and restaurant uses. One existing on- site structure (an automotive service store) would be demolished to accommodate the proposed uses. Associated parking and drainage improvements, utility connections, landscaping, lighting, and signage improvements would also occur. Key issues of concern included transportation, hazardous building materials; land use/compatibility with surrounding residential uses, and potential noise impacts.

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Michael Baker

INTERNAT I ONAL

VIII. References

17 | Page
REFERENCE 1
Ricia R. Hager
Director
Woodruff, Spradlin & Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, CA 92626
[email protected]
714.415.1024
Project Reference: Bay Bridge Pump Station and Force Mains EIR, Newport Beach, CA Services: Michael Baker staff prepared an Environmental Impact Report and associated technical studies, including air quality, greenhouse gas emissions, energy, and noise analyses.

REFERENCE 2
Sandra Moberly, MPA, AICP
Community & Economic Development Director
Town of Mammoth Lakes
P.O. Box 1609
Mammoth Lakes, CA 93546
[email protected]
760.965.3633
Project Reference: Mammoth Lakes Police Station IS/MND, Mammoth Lakes, CA Project Reference: Mammoth Creek Park West New Community Multi-Use Facilities Environmental Impact Report, Mammoth Lakes, CA
Services: Michael Baker staff prepared an Initial Study/Mitigated Negative Declaration and associated technical studies, including air quality, greenhouse gas emissions, energy, and noise analyses.

REFERENCE 3
Tim Cho
Construction Contracts Specialist
City of Anaheim
200. S Anaheim Boulevard, Suite 276
Anaheim, California 92805
[email protected]
714.765.4937

Project Reference: Platinum Triangle Fire Station No. 12, Anaheim, CA

Services: Michael Baker staff prepared an Addendum to a Program EIR and associated technical studies, including hazardous materials, air quality, greenhouse gas emissions, energy, and noise analyses.

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INTERNATIONAL

IX. Insurance

18 | Page

The following is proof of liability insurance pursuant to the City’s sample Professional Services Agreement Attachment A.

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AC~"' CERTIFICATE OF LIABILITY INSURANCE I
OATE(MM/00/YYYY)
~ 08/16/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW . THIS CERTIFICATE OF INSURAN CE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT : If the certifi cate hold er i s an ADDITIONAL INSURED, th e policy(ie s) must have ADDITIONA L INSURED provis ions or be endorse d. If SUBROGATION IS WAIVED, subject to the terms and conditions of the polic y, certa in polic ies may require an endorse ment. A statement on this certificate does not confer righ ts to the certificate holder in lieu of such endorsement(s ).

PRODUCER
~
ACT
Aon Risk serv i ces ce ntr al , Inc. (866) 283-7122 I ~~- No.), (800) 363-oios Pittsb urgh PA o ffice . Ext):

EQT Plaza ~ Suite 2700 E•MAIL
625 Liberty Avenue ADDRESS:

Pi t tsburgh PA 1S222 - 3110 USA
INSURER($) AFFORDING COVERAGE NAK: #
INSURED INSURER A: ..6J'ner ican Guar antee & Liabi l i t y Ins Co 26247 Michael Baker I nternational, I nc. INSURER B: Allie d world surp lus Lines Insu ranee co 24319 100 Ai rs i de Drive zuri ch Americ an Ins co 16 S3S Moon Township PA 15108 USA INSURER C :

INSURER D:

INSURER E:

INSURER F:

COVE RAGES CERTIFICATE NUMBER : 5700949 24119 REVI SION NUMBE R:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITlONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested iTR TYPE OF INSURANCE INS□ wv6 POLICY NUMBER 1MMIDO/vY'n1 rMWDD,vYY'v LIMITS C X COMt.E.RCIAL GENERAL LIABILITY GL0-..1.::,, £.0.1.V .L vu, > W <V« VU/ JV/ LV..'.; EACH OCCURRENCE $2,000,000 -D ClAIMS·MAOE 0 occUR
..,,.,.....,..."'"- I U .-...:.,~ 11:U Sl, 000 ,000 PREMISES (Ea occurrence) ~D EXP (/JJ1y one porson) $10,000
- PERSONAL & ADV INJURY $2,000, 000
- GENERAL AGGREGATE $4 , 000 ,000 GEN'LAGGREGATE LIMIT APPLIES PER:

R
POL~Y 0~~ [8Loc PROOUC:TS • COMP/OPAGG $4 ,000,000
OTHER: SIR,'Oeductible $2S0 ,000
C AUTOMOBILE LIABILITY BAP4197284 - 01 08/ 30/ 2022 08/ 30/ 2023 COIY1BINED SINGLE LIMIT $2,000,000 t~a acciden t! X ANY AUTO BODILY INJURY ( Per person}
-OW NED
~
SCHEOU..EO BODILY INJURY (Pe, aocident)
-

AUTOS ONLY AUTOS
PROPERTY DAM\GE

X HIRED AUTOS
~~~~i~ lPei accidom)
-
ONLY
Deductible $100 ,000

A X UMBRELLA LIAB
~
cY"..,CUR AUC053258204 08/ 30/ 2022 08/ 30/2 023 EACH OCCLFIRENCE $10, 000,000 - AGGREGATE $10,000,000 EXCESS LIAS CLAIMS-MADE
OED I X IRETENTIQNSl0,000
C WORKERS COMPENSATION AND WC419 728201 08/ 30/ 2022 0813012023 X I PER STATUTE I l~/;H EMPLOYERS' LIABILITY y I N AOS $1 , 000, 000 C ANY PROPRIETOR/ PARTNER/ EXECUTIVE ~ N / A WC419728S01 08/ 30/2 022 08/30/2 023 E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED?
(Mandatory In NH) WI E.l. DISEASE-EA E~LOYEE Sl , 000 ,000 ilsC~IPT~ 01°0PEAATIONS below E.L. DI.SEASE-POLICY LIMIT $1,000 ,000 B E&o- PL-Primary 0312 4806 08/30 /2 022 08/30/2 02 3 Per c lai m $5,000,000 clai ms Ma d e Aggregate ss, 000 ,000
SIR applies per p o licy ter ns & c ondi i o n s S IR/Deduc tible $200,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached If more spac e Is required) Evidence of I nsurance .

CERTIFICATE HOLDER
Mic h ael Baker International, Inc.
100 Ai rside Business Park
Moon Township PA 15108 USA

CAN CELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Michael Baker

INTERNAT I ONAL

X. Exceptions
19 | Page

Michael Baker has reviewed the sample Professional Services Agreement and would like to request consideration of the following changes to the City’s standard contract language.

1. Term and Termination The term of the agreement shall remain in effect until completion of the services to be provided by CONSULTANT hereunder, unless earlier terminated by CITY as allowed under this Agreement. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONSULTANT for work performed to date in accordance with CONSULTANT’s proposal which is attached as Attachment “A” and is hereby incorporated by reference. Contractor is required to present evidence to support performed work.

3.4 Termination. C
ITY and CONSULTANT shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed. In the event that Consultant materially defaults on its obligations under this Agreement, City shall provide written notice of such default to Consultant and Consultant shall have no less than ten (10) business days to cure such default. Should Consultant fail to cure within the specified time period, City may terminate this Agreement for cause.

4. Insurance requirements. [pg. 14 last two paragraphs of section] For any claims related to this Agreement, CONSULTANT’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of the CONSULTANT’s insurance and shall not contribute with it.

If CONSULTANT maintains higher insurance limits than the minimums shown above, CONSULTANT shall provide coverage for the higher insurance limits otherwise maintained by the CONSULTANT.

12. Fam iliarity with Work. By executing this Agreement, CONSULTANT warrantsrepresents that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediatelypromptly inform CITY of this and shall not proceed, except at CONSULTANT'S risk, until written instructions are received from CITY.

13. Time of Essence. Time is of the essence in the performance of this Agreement.RESER VED

14. Limitations Upon Subcontracting and Assignment.

All persons engaged in the work will be considered employees of CONSULTANT. CIT Y will deal directly with and will make all payments to CONSULTANT. CITY shall not assign this Agreement in whole or in part without the prior written consent of CONSULTANT.

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Garden Grove City CouncilMarch 28, 2023

Garden Grove City Council
March 28, 2023