Agenda packet — Santa Ana City Council, September 20, 2022 (part 3 of 6)

WHEN RECORDED PLEASE MAIL THIS
INSTRUMENT AND TAX STATEMENT TO:

CHARLES H. MANH
ATT: DANNY MANH ESQ.
8990 WESTMINSTER BLVD. 2ND FLOOR
WESTMINBSTER, CA 92683

SPACE ABOVE THIS LINE FOR RECORDER'S USE

TAXES

APPROVED AS TO
FORM BY ATTY.

APPROVED BY

DIRCTOR

DESCRIPTION

WRITTEN BY

DISCRIPTION
CHECKED O.K.

A.P.

NUMBER
008-081-26 &
008-081-28

R/W MAP
NUMBER

PROJECT
NUMBER

DEED NUMBER

GRANT DEED
I Hereby Declare the documentary Transfer Tax is $ 250,000 __X__ Computed on full value of property conveyed, or
____ Computed on full value less liens and encumbrances remaining at time of sale ____ Unincorporated Area ____X__ City of _Santa Ana________________

FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,

City of Santa Ana, a Charter City and Municipal; Corporation duly organized under the Constitution and laws of the State of California hereby GRANT(s) to:

CHARLES MANH & ANH MANH as Trustees of MANH FAMILY TRUST, all that real property in the City of Santa Ana, Orange County, State of California, described as follows:

SEE EXHIBITS “A” & “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;

Dated: By:

City of Santa Ana, Kristine Ridge
City Manager

Attested by:

Dated: By:

City Clerk

City Council
13 –
25 9/20/2022

Public Works Agency
www.santa-ana.org/pw
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 20, 2022
TOPIC: Santa Ana City Hall Second, Fifth, and Eighth Floor Tenant Improvements

AGENDA TITLE
Award a Construction Contract to Meyers Construction Co. in the amount of $1,930,000 for the Santa Ana City Hall Second, Fifth, and Eighth Floor Tenant Improvement FY 2021- 22 Project with an Estimated Project Delivery Cost of $2,512,500 (Project No. 22-1201, 21-2750 & 22-0501) (General and Non-General Fund)

RECOMMENDED ACTION

1. Award a construction contract to Meyers Construction Co., the lowest responsible bidder, in accordance with the base bid in the amount of $1,930,000 for construction of the Santa Ana City Hall Second, Fifth, and Eighth Floor Tenant Improvement FY 2021-22, for the term beginning September 20, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non- substantive changes approved by the City Manager and the City Attorney.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,512,500, which includes $1,930,000 for the construction contract, $193,000 for contract administration, inspection and testing, and a $389,500 project contingency for unanticipated or unforeseen work.

3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $2,512,500 in construction funds for Santa Ana City Hall Second and Fifth Floor Tenant Improvement Project (No. 22-1201, 21-2750 & 22-0501).

DISCUSSION
Facilities at City Hall and the Ross Annex are currently undergoing floor renovations (Exhibit 1). To minimize the impact to daily operations of our employees and the general public, work has been programmed to take place in phases. The existing facilities on the second and fifth floor of City Hall are outdated and some materials are beginning to show signs of deterioration and need of replacement. This project will include updating lighting, plumbing fixtures, finishes, demolition and installation of non-loadbearing interior partitions and ceiling finishes.

City Council
14 –
1 9/20/2022

Award Construction Contract to Meyers Construction Co.

September 20, 2022

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In addition, in an effort to take advantage of favorable pricing provided by the contractor and the project location. The contingency amount has been increased to accommodate tenant improvements for the eighth floor. The contractor will be performing similar but less invasive work on the eighth floor as noted in the scope for the second and fifth floor renovations.

Once complete, these improvements will enhance not only the physical aesthetics of each floor but also keep these facilities in compliance with the latest building codes and the American Disability Act.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 17, 2022. The project was also advertised on PlanetBids, and bids were received electronically via PlanetBids on July 27, 2022.

The City notified a total of 886 regional vendors via PlanetBids, 44 of which are Santa Ana based. There were 105 vendors who requested bidding documents. A total of 4 bids were received; however, no bids were received from any Santa Ana contractors.

Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 Meyers Construction Co. Long Beach $1,930,000
2 JR Universal Construction, Inc. Los Angeles $2,688,368 3 Kazoni Construction Costa Mesa $2,699,114
4 ALLINONE Construction Inc. La Habra $2,762,838
All four bids were deemed responsive. Meyers Construction Co. submitted the lowest responsive base bid in the amount of $1,930,000 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the base bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Meyers Construction Co., in the amount of the base bid totaling $1,930,000 (Exhibit 3). Meyers Construction Co. has performed work in the City of Santa Ana in the last five years.

Project Delivery
To deliver a complete project and in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management, implementation of the City’s Community Workforce Agreement

City Council
14 –
2 9/20/2022

Award Construction Contract to Meyers Construction Co.

September 20, 2022

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requirements, materials testing and inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $2,512,500.

Project Item Total
Construction Contract $1,930,000
Construction Administration, Inspection, Testing $193,000 Contingencies $389,500
TOTAL CONSTRUCTION DELIVERY COST $2,512,500

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2022-74 was filed for the project.

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $2,512,500 which includes construction, contract administration, inspection, testing, and an authorized contingency. Project Nos. 22-1201, 21-2750, 22-0501 are the numbers assigned to the Project Plans and Specifications and the Notice Inviting Bids.

These assigned project numbers will monitor the funding of all expenditures to deliver the construction of this project.

The funding for these projects was appropriated in the Fiscal Year 2021-22 capital budget. As part of the Citywide budget carry-forward process, the request will be submitted to the Finance Department for these funds to be carried forward into Fiscal Year 2022-23. The carry-forward is a citywide effort and is compiled with requests from various departments. It will be presented for City Council approval at a later date under a separate agenda item.

The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project.

City Council
14 –
3 9/20/2022

Award Construction Contract to Meyers Construction Co.

September 20, 2022

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Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit - Account
No. Description Amount
2022-23 10920149-62300
(22-1201)
Information
System
Technology
IT Projects, Contract
Services-Professional $1,005,780
2022-23 01113017-66200
(21-2750) General Fund
PRCSA Service
Enhancement, Building
Improvements
$930,000
2022-23 08009053-66200
(22-0501)
Liability and
Property
Insurance
Fund
Risk Management
Projects, Building
Improvements
$476,720
2022-23 01104012-66200 City Council
Legislative
Building & Building
Improvements $100,000
Total $2,512,500

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. CIP Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

City Council
14 –
4 9/20/2022

PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project Nos. 22-1201,21-2750 & 22-0501
Santa Ana City Hall- Second and Fifth Floor-
Tenant Improvements

PROJECT

LOCATION

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5 9/20/2022

EXHIBIT 2

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8 9/20/2022

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EXHIBIT 3

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EXHIBIT 4
Construction Contract 1,930,000.00$
Contract Administration, Inspection and Testing 193,000.00$ Contingencies 389,500.00$
TOTAL ESTIMATED CONSTRUCTION COSTS 2,512,500.00$
CONSTRUCTION OF PROJECT NO. 22-1201, 21-2750, 22-0501: SANTA ANA CITY HALL 2ND, 5TH, & 8TH FLOOR TI

COST ANALYSIS

City Council
14 –
28 9/20/2022

CITY OF SANTA ANA FY 22/23CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Selective demolition and installation of existing non-bearing interior partitions, electrical, finish ceiling, finishes, and plumbing fixtures.

PROJECT NEED:

Facilities at City Hall and the Ross Annex are currently undergoing floor renovations. To minimize the impact to daily operations of our employees and the general public, work has been programmed to take place in phases. The existing facility on the 2nd and 5th floors of City Hall are outdated and some materials are beginning to show signs of deterioration and need of replacement. This project will include updating lighting, plumbing fixtures, finishes, demolition and installation of non-bearing interior partitions and ceiling finishes. Once completed, these improvements will enhance not only the physical aesthetics of the floor but also keep our facility in compliance with the latest building codes and the American Disability Act.

PROJECT TITLE:

Santa Ana City Hall Second and
Fifth Floor Tenant Improvements
PROJECT CATEGORY:

City & Park Facility Improvements
Municipal Facilities

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works CIP Engineering Mike Ortiz, Senior Civil Engineer 18-Aug-2022 PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Construction 2,412,500 - - - - - -
TOTAL 2,412,500 - - - - - -
SOURCE OF FUNDS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 2,412,500 - - - - - -
TOTAL 2,412,500 - - - - - -
EXHIBIT 5

City Council
14 –
29 9/20/2022

Public Works Agency
www.santa-ana.org/pw
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 20, 2022
TOPIC: Custodial Services of City Park Restrooms and Park Buildings AGENDA TITLE:

Amend Agreement with Valley Maintenance Corporation for Custodial Services of City Park Restrooms and Park Buildings, Increasing the Annual amount by $200,000, Not to Exceed $694,095 for Four Years, and Total Agreement Amount of $1,976,380 (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to the agreement with Valley Maintenance Corporation to increase custodial services of City Park Restrooms, and Park Buildings for an annual amount not to exceed $694,095, for the remaining term from September 20, 2022 through May 3, 2026 and a total agreement amount of $1,976,380, subject to non-substantive changes approved by the City Manager and the City Attorney.

DISCUSSION
As of July 1, 2022, park maintenance functions have transferred from the Parks, Recreation and Community Services Agency (PRCSA) to the Public Works Agency (PWA). PWA’s Parks, Fleet and Facilities Division provides custodial services for park restrooms and at various park buildings through a Contractor. On February 24, 2022, a Request for Proposals (RFP) for custodial services was issued by PRCSA and Valley Maintenance Corporation was awarded an agreement on May 3, 2022.

Valley Maintenance Corporation provides custodial services at all City parks. Their highly professional and prompt responses have been instrumental in keeping well maintained park facilities. With the recent adoption of the City’s FY 2022-23 budget, the City Council approved an additional $2.5 Million for park maintenance. Staff determined that the public restrooms would benefit from an additional cleaning by increasing the frequency of services from twice a day to three times a day. In addition, in an effort to provide clean facilities for the public to enjoy, Valley Maintenance will include pressure-washing services in and around the public restrooms.

City Council
15 –
1 9/20/2022

Amend Agreement with Valley Maintenance Corporation
September 20, 2022

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Valley Maintenance Corporation has provided high quality janitorial maintenance service to the City since June 2017. Staff recommends increasing their level of service to implement an enhanced cleaning at all park sites. To fund the enhanced services, staff recommends increasing the agreement amount by $200,000 on an annual basis (Exhibit 1).

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funds are available for expenditure in the current Fiscal Year 2022-23 from the account listed on the table below for the requested increase of $200,000 to the annual amount and will be budgeted in subsequent fiscal years.

Fiscal Year Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description Amount
2022-23
(Sept-June) 01117651-62320 General
Fund
PWA Park Maintenance
Service Enhancement,
Maintenance & Repair
Buildings & Grounds
$150,000
2023-24
(July-June) 01117651-62320 General
Fund
PWA Park Maintenance
Service Enhancement,
Maintenance & Repair
Buildings & Grounds
$200,000
2024-25
(July-June) 01117651-62320 General
Fund
PWA Park Maintenance
Service Enhancement,
Maintenance & Repair
Buildings & Grounds
$200,000
2025-26
(July-May) 01117651-62320 General
Fund
PWA Park Maintenance
Service Enhancement,
Maintenance & Repair
Buildings & Grounds
$183,334

EXHIBIT(S)

1. Agreement with Valley Maintenance Corporation
Submitted By: Nabil Saba, P.E., Executive Director of Public Works Agency Approved By: Kristine Ridge, City Manager

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2 9/20/2022

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4 9/20/2022

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5 9/20/2022

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6 9/20/2022

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15 –
7 9/20/2022

Public Works Agency
www.santa-ana.org/pw
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 20, 2022
TOPIC: Landscape Maintenance Services
AGENDA TITLE:

Amend Agreement with Landscape West Management Services Inc. to Increase the Annual Contract amount by $215,000 for Enhanced Landscape Maintenance Services for the Remaining Term of the Agreement (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to the agreement with Landscape West Management Services Inc. for increased landscape maintenance services, increasing the compensation amount annually by $215,000, for an annual amount not to exceed $895,819.00 for the remaining term from September 20, 2022 through January 31, 2024, and not to exceed the total agreement amount of $2,866,605.60, subject to non-substantive changes approved by the City Manager and the City Attorney.

DISCUSSION
As of July 1, 2022, park maintenance functions have transferred from the Parks, Recreation and Community Services Agency (PRCSA) to the Public Works Agency (PWA). PWA’s Parks, Fleet and Facilities Division provides landscape maintenance services through a contractor. On October 7, 2019, PRCSA released a Request for Proposals (RFP) for landscape maintenance services, and Landscape West Management Services Inc. was awarded an agreement on February 1, 2020.

Landscape West Management Services Inc. is currently providing landscape maintenance and clean-up services in the Civic Center area. Their highly professional and prompt response has been instrumental in keeping a well maintained and clean Civic Center area. With the recent adoption of the City’s FY 2022-23 budget, the City Council approved an additional $2.5 million for park maintenance. Over the years, there has been a need for an increased level of maintenance services due to vandalism, theft, destruction of plants and the need for cleanup services in and around landscape areas. In an effort to provide residents with clean and safe park facilities, part of the additional funding will assist in providing additional support to the QOLT Team and increase homeless clean- up citywide.

Landscape West Management Services, Inc. has provided landscape and clean-up maintenance services to the City since July 2019. Staff recommends increasing the level

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16 –
1 9/20/2022

Amend Agreement with Landscape West Management Services, Inc.

September 20, 2022

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of service provided by Landscape West Management Services, Inc. to implement an enhanced landscape maintenance services citywide. Staff recommends increasing the agreement amount by $215,000 annually (Exhibit 1).

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funds are available for expenditure in the current Fiscal Year 2022-23 from the account listed on the table below for the requested increase of $215,000 to the annual amount and will be budgeted in subsequent fiscal years for the remainder of the agreement term.

Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description Amount
2022-23
(Oct-June) 01117651-62320 General
Fund
PWA Park
Maintenance Service
Enhancement,
Maintenance & Repair
Buildings & Grounds
$161,250
2023-24
(July-Jan) 01117651-62320 General
Fund
PWA Park
Maintenance Service
Enhancement,
Maintenance & Repair
Buildings & Grounds
$125,417

EXHIBIT(S)

1. First Amendment to Agreement with Landscape West Management Services, Inc.

Submitted By: Nabil Saba, P.E., Executive Director of Public Works Agency Approved By: Kristine Ridge, City Manager

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2 9/20/2022

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3 9/20/2022

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4 9/20/2022

Public Works Agency and Library Services Agency
www.santa-ana.org/pw
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 20, 2022
TOPIC: Agreement for Design Services for New Outdoor Library at Jerome Park

AGENDA TITLE
Approve an Agreement with PlaceWorks, Inc. for Design Services for a New Outdoor Library at Jerome Park in an Amount Not to Exceed $309,150 for a Three-Year Term (Project No. 22-1381) (Non-General Fund) (Revive Santa Ana Program)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with PlaceWorks, Inc. for full design services for Santa Ana’s new outdoor library at Jerome Park in the amount of $281,046, with a contingency of $28,104, for a total amount not to exceed $309,150. The agreement is for a three-year term beginning September 20, 2022 and expiring September 19, 2025, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and the City Attorney.

DISCUSSION
The City of Santa Ana’s Public Works Agency and Library Services desire to enter into an agreement with a qualified consulting firm to lead efforts to provide design services and prepare construction contract documents for the new outdoor library at Jerome Park (Project). The Project intends to build an outdoor “satellite library” at the southwest end of Jerome Park and incorporate outdoor educational activities for children of all ages (Exhibit 1).

This innovative public library space will feature an educational, technological, and play- focused library kiosk with surrounding outdoor learning areas. These learning areas will emphasize music and movement, recycling, bicycle and street safety, fine and gross motor skill development, and language and literacy. The Project also includes the installation of lighting, canopies, and site furnishings. Furthermore, in partnership with the Public Works Agency’s Water Resources Division, the project will include water-wise landscaping and conservation-themed learning experiences.

On April 20, 2022, the Public Works Agency released Request for Proposals (RFP) No. 22-040, by which it sought the design services of a qualified firm for the Project. The RFP was advertised on the City’s online procurement management and publication system, with proposals due on May 11, 2022. Three proposals were received and evaluated by a

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1 9/20/2022

Agreement with PlaceWorks, Inc.

September 20, 2022

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selection committee. Based on criteria outlined in the RFP, the following summarizes the responding firms and their ranking:

Firm City Rank
PlaceWorks Santa Ana 1
Kimley-Horn and Associates, Inc Orange 2
IDS Group Irvine 3
Staff recommends awarding to the top scoring firm to provide design services for the Project (Exhibit 2). Their proposal demonstrated that they have the necessary capacity and expertise to complete the required services. The firm rates are reasonable and within industry standards. The team qualifications are appropriate, and the proposal was determined to provide the best value for the City.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

FISCAL IMPACT
The following table summarizes the funds budgeted and available in the amount of $309,150 for expenditure on the design services to be provided per the agreement for the three year term.

Fiscal Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account
No. Description
Amount
2022-23
(Sept-June)
18111013-66220
(22-1381)
American
Rescue Plan
Act
ARPA-Library,
Improvements Other
Than Building
$200,000
2023-24
(July-June) 06017644-62300 Water
Water Quality,
Contract Services -
Professional
$75,000
2024-25
(July-June)
18111013-66220
(22-1381)
American
Rescue Plan
Act
ARPA-Library,
Improvements Other
Than Building
$20,046
2025-26
(July-Sept)
18111013-66220
(22-1381)
American
Rescue Plan
Act
ARPA-Library,
Improvements Other
Than Building
$14,104
Total $309,150

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2 9/20/2022

Agreement with PlaceWorks, Inc.

September 20, 2022

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EXHIBIT(S)

1. Location Map

2. Agreement with PlaceWorks for New Outdoor Library at Jerome Park Submitted By:

Nabil Saba, P.E., Executive Director – Public Works Agency Brian Sternberg, Executive Director – Library Services Agency Approved By: Kristine Ridge, City Manager

City Council
17 –
3 9/20/2022

PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 22-1381:

New Outdoor Library at Jerome Park
Design Services
EXHIBIT 1

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4 9/20/2022

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AGREEMENT FOR DESIGN SERVICES FOR

OUTDOOR LIBRARY AT JEROME PARK

THIS AGREEMENT is made and entered into this 20th day of September, 2022 by and between PlaceWorks (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS

A. On April 20, 2022, the City issued Request for Proposal No. 22- 040, by which it sought a qualified consultant to perform design and related services for the City’s new outdoor library planned at Jerome Park.

B. Consultant submitted a responsive proposal that was selected by the City .

Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 22-040.

C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES

Consultant shall perform the services that were described in the scope of work that was included in RFP No. 22- 040 and further described in Exhibit A. Consultant ’s proposal is incorporated in full by reference as though fully set forth herein.

2. COMPENSATION

a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, t he rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement , including any extension periods, shall not exceed $ 309,150. The sum is comprised of (1) the base amo unt of $281,046 and (2) a contingency in the amount of $ 28,104 for additional services at the City’s sole discretion.

b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.

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3. TERM

This Agreement shall commence on the date first written above and terminate on September 19, 2025, unless terminated earlier in accordance with Section 1 7, below. The term of this Agreement may be extended for two 1-year periods upon a writing execute d by the City Manager and City Attorney.

4. PREVAILING WAGES

Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project , as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR

Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the pr ofessional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS

Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the sub consultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within

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the purposes intended by this Agreement shall be at City’s sole risk.

7. INSURANCE

Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors.

Minimum Scope and Limit of Insurance

Coverage shall be at least as broad as:

• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

• Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non- owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

• Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City re quires and shall be entitled to the broader coverage and/or the higher limits maintained by the C onsultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO F orm CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

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Primary Coverage
For any claims related to t his Agreement, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO CG 2 0 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City , its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct bus iness in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies (applicable only to professional liability) If any of the required policies provide claims-made coverage:

A. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

B. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

C. If coverage is canceled or non- renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s

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obligation to provide them.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

8. INDEMNIFICATION

This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant ’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or re late to the negligence, recklessness, or willful misconduct of the Consultant.

9. INTELLECTUAL PROPERTY INDEMNIFICATION

Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

10. RECORDS

Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by

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law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, dat a, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

11. CONFIDENTIALITY

Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non- use and nondisclos ure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE

Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

13. NOTICE

Any notice, tender, demand, delivery, or other communication pursuant to this Agreeme nt shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988

Executive Director
Public Works Agency
City of Santa Ana

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20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702

To Consultant: PlaceWorks
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
Attn: Alan Loomis, AICP, Principal

A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly register ed or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

14. EXCLUSIVITY AND AMENDMENT

This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the t erms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or other wise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.

15. ASSIGNMENT

Inasmuch as this Agreement is intended to secure the specialized services of Consultant , Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City.

16. WAIVER

No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether

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or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

17. TERMINATION

This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:

a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.

b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

18. NON-DISCRIMINATION

Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement.

Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

19. JURISDICTION-VENUE

This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the Stat e of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

20. PROFESSIONAL LICENSES

Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of Cali fornia, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

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2 1. FUNDING-RELATED PROVISIONS
F
unds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
a. S
ections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);
b. U
.S. Department of the Treasury (“Treasury”) Final Rule for the Act; c. T
reasury Compliance and Reporting Guidance for the Act;
d. 2 C
.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; an
d
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; f. Federal contract provisions attached hereto as Exhibit C and incorporated herein by reference.

S
ubcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. 2 2. MISCELLANEOUS PROVISIONS
a. E
ach undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. A
ll exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

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A
TTEST: CITY OF SANTA ANA
________________________
_________________________

KRISTINE RIDGE
Clerk of the Council City Manager
AP

PROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO
City Attorney
B
y: _____________________ ____________________________
John M. Funk Name:

Chief Assistant City Attorney Title:

COMMENDED FOR APPROVAL
____________________________
N
abil Saba, P.E.

Executive Director
Public Works Agency
Keith McCann
CEO

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2. SCOPE OF SERVICES

AND SCHEDULE

EXHIBIT A

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PROPOSAL FOR SERVICES | PLACEWORKS
Work Scope
This section describes the scope of services to be completed by the PlaceWorks team for the New Outdoor Library at Jerome Park project. To facilitate your review of this proposal, we have prepared a concise scope that emphasizes key components of our approach to this project .

We are flexible regarding the proposed scope of work and will work with you to prepare a more detailed scope when we enter into a contract . We also recognize that it may be necessary to alter the scope as the project progresses and would be happy to work with you to ensure the successful completion of the project .

TASK 1. PROJECT INITIATION AND COORDINATION

1.1 CITY STAFF MEETING 1: KICKOFF MEETING AND SITE VISIT The PlaceWorks team will attend a kick-off meeting with City staff to discuss expectations and concerns, and to review key issues, information needs, work products, and delivery schedule. Overall project schedule and meeting dates will be reviewed. After the kick-off meeting, the PlaceWorks team will visit and photograph the project area within Jerome Park, paying particular attention to features and issues identified at the kick-off meeting and opportunities to integrate the proposed concepts from the City’s design.

1.2 ONGOING PROJECT MANAGEMENT
PlaceWorks will coordinate with City staff throughout the project and will manage the scope, cost, and schedule to ensure that the project is completed efficiently. PlaceWorks will conduct weekly calls with the City project manager to coordinate. Additional meetings with the City Staff related to project review are called out in the tasks below.

TASK 2. DATA GATHERING AND SITE ANALYSIS

2.1 RECORDS RESEARCH
BKF Engineers (BKF) will conduct a comprehensive review of existing records to determine existing conditions. This information will be integrated into the survey described in Task 2.2.

2.2 SURVEY
BKF will provide boundary and topographic surveying of the project site. The topographic survey will cover the project area and will extend to include the full width of adjacent rights-of-way. Spot elevations will be sufficient to generate 0.5-foot contours, and existing utilities on or adjacent to the proposed project area will be shown. Potholing will be conducted to confirm existing utilities.

2.3 ARBORIST REPORT
Bartlett will complete an evaluation of the existing trees within the project area and will complete an arborist’s report, documenting the tree evaluation and pruning recommendations. The arborist's report will include recommendations for avoiding damages to existing trees during construction.

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17 9/20/2022

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2. Scope of Services and Schedule

2.4 SITE ANALYSIS
Based on site visits, review of background information, and the hydrological assessment, PlaceWorks will develop a comprehensive Site Analysis, including descriptive maps, diagrams, and graphics to clarify and illustrate existing conditions and identify key opportunities and constraints to be considered. The PlaceWorks team will additionally analyze the City’s Concept Plan to determine feasibility and consistency with site opportunities and constraints.

TASK 3. PUBLIC OUTREACH

3.1 PUBLIC ENGAGEMENT PLAN
PlaceWorks will conduct a series of community outreach and engagement activities to gather community input about the design and site features. Our approach is focused on two rounds of engagement where the community can provide valuable input and contribute to decision making: Round 1, Schematic Design Alternatives; and Round 2, Preferred Concept. These rounds are described in greater detail in the tasks below .

At the onset of the project, PlaceWorks will work with the City to develop a public engagement plan that outlines the details of the engagement work, including strategic partnerships that could be made to increase community participation, potentially including cohosting an event with KidWorks or presenting at the Bella Vista, Casa Bonita, Central City, and New Horizons Joint Neighborhood Association Meetings.

PlaceWorks will additionally develop preliminary branding materials for the project for use during engagement events and for promotional materials.

It is anticipated that all outreach materials will be printed in both Spanish and English and that the PlaceWorks team facilitating community events will communicate in both Spanish and English.

3.2 CITY STAFF MEETING #2: PUBLIC ENGAGEMENT PLAN
PlaceWorks will facilitate a meeting with the City to review the engagement plan and promotional materials.

At this meeting, the project team will confirm the approach for the project and schedule outreach events to allow for adequate time to promote and organize events.

TASK 4. PRELIMINARY DESIGN

4.1 SCHEMATIC DESIGN ALTERNATIVES
The PlaceWorks team will develop up to two alternative conceptual site designs for the project area within Jerome Park. The alternatives will include graphic plans, images of play equipment, street level renderings, and other graphics to help convey design intent.

Conceptual site designs will include, but not be limited to:
Integrated 24-hour Library Kiosk and play area with dynamic and engaging play features. Circuit pathway for learning bicycle, tricycle, and scooter skills. Tactile experiences with a variety of materials and play features, including but not limited to sand and water .
Schematic approach to planting, prioritizing drought-tolerant native plants with educational value. Shade opportunities through structures and additional trees. Schematic concept for the Envisionware kiosk wrap consistent with the alternative theme . Site furnishings including benches, chairs, tables, trash receptacles, and water stations.

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PROPOSAL FOR SERVICES | PLACEWORKS

2. Scope of Services and Schedule
Both alternatives will be accompanied by a high-level cost estimate and both will target the same budget.

4.2 CITY STAFF MEETING #3: SCHEMATIC DESIGN ALTERNATIVES Following a two-week review period, PlaceWorks will facilitate a meeting with City staff to review the Schematic Design Alternatives and potential changes to the options before presenting them to the public.

The project team will also review the materials for the first community event.

4.3 PUBLIC OUTREACH ROUND 1: SCHEMATIC DESIGN ALTERNATIVES PlaceWorks will develop and host and online survey to gather feedback on the Schematic Design Alternatives. The survey will target getting feedback about site features rather than directly voting for one alternative, allowing the final design to be a combination of preferred elements. Following the completion of the survey, PlaceWorks will provide a concise summary of responses and recommendations for moving forward.

4.4 DRAFT DESIGN DEVELOPMENT
Based on discussions with City staff and community feedback, the PlaceWorks team will develop a single preferred design option, including a rendered site plan graphic with callouts identifying the project components with a written description, sections showing relationship between park elements, and street level renderings of site features. The package will include graphic design illustrations for the Envisionware kiosk and design plans for the interactive exhibit educating the public on water conservation.

The draft plan will be accompanied by a lighting analysis showing the proposed lighting strategy, including preliminary photometrics. The draft plan will also include a preliminary planting plan with hydrozones identified and preliminary water use calculations determined. The design will be accompanied by a draft cost estimate .

4.5 STORMWATER ANALYSIS
Using the Draft Design Development Plan, BKF will conduct preliminary stormwater calculations and work with the design team to select the appropriate low-impact design (LID) strategies to utilize in the project to effectively manage all stormwater from the project area on-site. If possible, the design will incorporate LID strategies to capture rainwater from the existing parking lot and treat it on-site. BKF will prepare a Preliminary Water Quality Management Plan (PWQMP). In addition to the required treatment of stormwater, the City/County has enacted a policy that any new project must have a zero net affect on the public storm drain system. BKF will perform preliminary water quality calculations (impervious areas, tributary drainage areas, storm outfall flows, BMP sizing, etc.) that are necessary to confirm the preliminary planning design proposed for Design Review.

4.6 CITY STAFF MEETING #4: DRAFT DESIGN DEVELOPMENT
Following a two-week review period, PlaceWorks will facilitate a meeting with City staff to review the Draft Design Development package and potential changes to the options before presenting them to the public.

The project team will also review the materials for the second community event.

4.7 PUBLIC OUTREACH ROUND 2: PREFERRED CONCEPT
PlaceWorks will facilitate a public meeting to present the Preferred Concept illustrated in the Design Development package. At this meeting, the PlaceWorks team will highlight community input received during the first round of engagement and how it influenced the Preferred Concept.

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2. Scope of Services and Schedule
It is anticipated that this meeting will be held at a planned City meeting or planned event from a local group.

PlaceWorks will present the Schematic Design Alternatives and gather input on community preference.

While the structure of the meeting may be adjusted based on the anticipated venue and audience, we anticipate that this meeting could begin “open house” style with informational boards illustrating the design, followed by a short presentation by PlaceWorks, and an opportunity for public comment.

Depending on the venue, PlaceWorks can develop materials for youth to participate in decision making.

All input will be collected and synthesized into a concise, easy-to-understand summary of input received and will be used in the next design phase.

4.8 REVISED DESIGN DEVELOPMENT (30% DRAWINGS AND COST ESTIMATE) Based on City review comments and public input, the PlaceWorks team will revise the Draft Design Development Plan. This draft will be used in discussions and for preliminary letters of intent with Southern California Edison (SCE) and City of Santa Ana Water Resources Division.

The revised Design Development package will include preliminary working drawings to 30% and will be accompanied by a cost estimate. The package will include the following preliminary plan sheets:
Title Sheet and Location Map
Demolition Plan
Water Quality Management Plan (tentative)
Grading, Drainage, and Utility Plan
Layout Plan
Materials Plan
Electrical Plan
Planting Plan and Hydrozone Irrigation Calculations

4.9 CITY STAFF MEETING #5: PREPARING FOR FINAL DESIGN
Following a four-week review period, PlaceWorks will facilitate a City staff meeting to review the 30% drawings and conduct a site walk with to review the drawings in the field and deliberate on areas where there are questions or potential impacts .

TASK 5. UTILITY COORDINATION

5.1 SOUTHERN CALIFORNIA EDISON (SCE)
PBS Engineers will coordinate with SCE early in the design process to determine electrical capacity requirements and service needs. In tandem with the 30% submittal, PBS Engineers will submit a Letter of Intent to begin the process for SCE electrical plan of service and all permits. PBS Engineers will update plans as needed to respond to SCE’s request and will finalize the plan of service and all associated permits as part of this project. It is assumed that the City will pay associated permitting fees.

5.2 CITY OF SANTA ANA WATER RESOURCES
BKF will coordinate early in the design process with Water Resources to verify available water pressures and volumes and to determine water service needs and capacity requirements. In tandem with the 30% submittal, BKF will provide additional detail about the project including water needs for the irrigation and potable water features and initiate the Water Resources service plan process. BKF will finalize the plan of service and include it as part of the final construction documents.

City Council
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PROPOSAL FOR SERVICES | PLACEWORKS

2. Scope of Services and Schedule
TASK 6. CONSTRUCTION DOCUMENTS

6.1 90% PS+E SUBMITTAL
Based on the City’s Comments and the Field Walk to review the Revised Design Development plan (30% Drawings), the PlaceWorks team will develop the 90% PS+E submittal for the project. The preliminary list and count of the construction document sheet set is anticipated to include approximately 30 to 35 sheets listed in Table 1. We believe that, for the purpose of clarity, construction document plans are best prepared at 1:20 scale.

Table 1 Preliminary Construction Document Sheets (90%, 100%, Final Set) Sheet Title Responsibility Sheets
Title Sheet and Location Map PlaceWorks 1
Notes, Legend and Abbreviations PlaceWorks 1
Existing Conditions /BASE @ 1:20 BKF 1
Water Quality Management Plan (WQMP) BKF 1
Demolition Plans @ 1:20 BKF 1
Civil Construction Details BKF 3
Grading & Drainage Plans @1:20 BKF 1
Layout Plan PlaceWorks 1
Sewer and Water (wet) Utility Plans BKF 1
Materials Plan @1:20 PlaceWorks 1
Landscape Details PlaceWorks 6
Electrical Plans @1:20 PBS Engineers 1
Electrical Details PBS Engineers 4
Irrigation Plans @1:20
WELO Calcs & Submittals Sweeney + Associates 1
Irrigation Details Sweeney + Associates 4
Planting Plan @1:20 PlaceWorks 1
Planting Details PlaceWorks 2
The 90% plans will be accompanied by draft specifications in CSI format. The cost estimate will be developed using the City’s preferred schedule-of-values format or other bid-form-ready template.

PlaceWorks will also develop a 3d rendering of the proposed improvements as part of this submittal, but it will not be included in the draft plans.

6.2 CITY STAFF MEETING #5: 90% PS+E AND CONSTRUCTABLITY REVIEW Following a four-week review period, City staff will provide PlaceWorks with one set of marked up plans and specifications. PlaceWorks will meet with City staff to review comments on the 90% set, clarify any questions that may arise, and address constructability. The project team will conduct a site walk to address any remaining issues.

6.3 100% PS+E SUBMITTAL
Based on City review comments, the PlaceWorks team will revise the 90% submittal and refine it to 100% .

City Council
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CITY OF SANTA ANA | NEW OUTDOOR LIBRARY AT JEROME PARK DESIGN SERVICES

2. Scope of Services and Schedule

6.4 CITY STAFF MEETING #6: 100% PS+E
Following a four-week review period and receipt of marked-up plans and specifications, PlaceWorks will meet with City staff to review comments on the 100% set and clarify any questions that may arise.

6.5 FINAL PS+E BID SET
Based on City’s review comments, the PlaceWorks team will make minor revisions to the 100% submittal and refine it to a Final set for going to bid purposes. The Final plan set will include the electrical plan of service approved by SCE and final plan of service approved by City of Santa Ana Water Resources Division .

TASK 7. CONSTRUCTION ADMINISTRATION

7.1 BID SUPPORT
The PlaceWorks Team will assist during the bidding phase by attending the pre-bid meeting, responding to contractor requests for information, and preparing two bid addenda if necessary.

7.2 CONSTRUCTION SUPPORT
During construction, the PlaceWorks team will assist the City with construction administration, including the tasks summarized below. The number of hours is approximate based on similar projects and can be evaluated if additional services are needed. We assume that the City will provide a construction manager to provide day-to-day project oversight and coordination with the contractor. Construction Site Visits. The PlaceWorks team will attend a pre-construction meeting with City staff and the Contractor to review the drawings and specs. Following this meeting, PlaceWorks will participate in one project coordination meeting per week during anticipated construction phase and review the required mock-ups and field samples as indicated in the Technical Specifications. Submittal Responses. The PlaceWorks team will review submittals for conformance to plans and specifications and prepare a written response for each submittal. RFIs and Supplemental Information. The PlaceWorks team will respond to questions from the Contractor in the field, as requested by the City. PlaceWorks will respond in a timely and efficient manner to the contractor’s requests for additional information. Punchlist. The PlaceWorks team will develop a draft punch list for the field inspector and contractor’s review following a pre-final site visit. PlaceWorks will participate in a final site visit to go over the items in the punch list, once the contractor has indicated the list is complete.

City Council
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22 9/20/2022

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PROPOSAL FOR SERVICES | PLACEWORKS

2. Scope of Services and Schedule
Schedule
PlaceWorks proposed schedule for completion of the New Outdoor Library at Jerome Park project is shown in on the following page. As shown in the schedule, we anticipate that the project can be completed by December 31, 2023. We believe this schedule is in keeping with your needs, but we are happy to revise this schedule if necessary.

PlaceWorks has a strong track record for meeting project schedules and coordinating closely with its clients. Over years of managing projects similar to the Jerome Park project, we have developed a variety of tools to keep projects on schedule and ensure that staff are well informed at all times:
We maintain an up-to-date schedule throughout the project to ensure that all team members are aware of upcoming meetings and product due dates.
We stay in close, regular contact with staff and our subconsultants and document important decisions about the project in writing to ensure that decisions are understood by all team members. We schedule project due dates for staff and subconsultants with adequate time for editing and formatting finished reports.
We limit subconsultants’ payments to specific milestones to ensure that progress on the project is commensurate with billings .

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2. Scope of Services and Schedule
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City Council
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24 9/20/2022

The PlaceWorks Team
Jerome Park Library - Design Services

PROPOSED PROJECT SCHEDULE
TASK 1. PROJECT INITIATION AND COORDINATION

1.1 City Staff Meeting 1: Kickoff Meeting and Site Visit 

1.2 Ongoing Project Management
TASK 2. DATA GATHERING AND SITE ANALYSIS

2.1 Records Research

2.2 Survey

2.3 Arborist Report

2.4 Site Analysis
TASK 3. PUBLIC OUTREACH

3.1 Public Engagement Plan

3.2 City Staff Meeting #2: Public Engagement Plan 
TASK 4. PRELIMINARY DESIGN

4.1 Schematic Design Alternatives

4.2 City Staff Meeting #3: Schematic Design Alternatives 

4.3 Public Outreach Round 1: Schematic Design Alternatives

4.4 Draft Design Development

4.5 Stormwater Analysis

4.6 City Staff Meeting #4: Draft Design Development 

4.7 Public Outreach Round 2: Preferred Concept

4.8 Revised Design Development (30% Drawings and Cost Estimate)

4.9 City Staff Meeting #5: Preparing for Final Design  TASK 5. UTILITY COORDINATION

5.1 Southern California Edison (SCE)

5.2 City of Santa Ana Water Resources
TASK 6. CONSTRUCTION DOCUMENTS

6.1 90% PS+E Submittal

6.2 City Staff Meeting #5: 90% PS+E and Constructablity Review 

6.3 100% PS+E Submittal

6.4 City Staff Meeting #6: 100% PS+E 

6.5 Final PS+E Bid Set
TASK 7. CONSTRUCTION ADMINISTRATION

7.1 Bid Support

7.2 Construction Support
Work period
Review period
 Project team meeting
Community engagement
Dec Jan Feb MarJuly Aug Sept Oct Nov
2024
Mar April May June MayApril
2022
Nov Dec Jan Feb
2023

City Council
17 –
25 9/20/2022

2-10
CITY OF SANTA ANA | NEW OUTDOOR LIBRARY AT JEROME PARK DESIGN SERVICES

2. Scope of Services and Schedule
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City Council
17 –
26 9/20/2022

The PlaceWorks Team
City of Santa Ana ‐ New Outdoor Library at Jerome Park

COST PROPOSAL
ALAN
LOOMIS
JESSE
JONES
JEN
CHUNG
YUE
ZHANG

LYNNETE
GUZMAN
MEL

GROSS /
BKF

ENGINEERS
PBS

ENGINEERS
SWEENEY &

ASSOCIATES BARTLETT
Principal in
Charge
Project
Manager
Associate
Designer
Associate
Designer
Associate
Planner Designer
Hourly Rate: $240 $175 $165 $130 $140 $120
TASK 1. PROJECT INITIATION AND COORDINATION

1.1 City Staff Meeting 1: Kick‐off Meeting and Site Visit 2 4 4 10 $33 $1,693 0000 $0 $0 $1,693

1.2 Ongoing Project Management 72 72 $252 $12,852 0000 $0 $0 $12,852 Task 1. Subtotal 2 76 0 0 0 4 82 $285 $14,545 $0 $0 $0 $0 $0 $0 $14,545 TASK 2. DATA GATHERING AND SITE ANALYSIS

2.1 Records Research 2 2 $7 $357 2,184 0 0 0 $218 $2,402 $2,759

2.2 Survey 1 1 $4 $179 19,500 0 0 0 $1,950 $21,450 $21,629

2.3 Arborist Report 1 1 $4 $179 0 0 0 4,645 $465 $5,110 $5,289

2.4 Site Analysis 2 4 2 12 20 $58 $2,938 0000 $0 $0 $2,938 Task 2. Subtotal 2 8 0 2 0 12 24 $73 $3,653 $21,684 $0 $0 $4,645 $2,633 $28,962 $32,615 TASK 3. PUBLIC OUTREACH

3.1 Public Engagement Plan 1 2 4 7 $23 $1,173 0000 $0 $0 $1,173

3.2 City Staff Meeting #2: Public Engagement Plan 1 2 2 5 $17 $887 0000 $0 $0 $887 Task 3. Subtotal 2 4 0 0 6 0 12 $40 $2,060 $0 $0 $0 $0 $0 $0 $2,060 TASK 4. PRELIMINARY DESIGN

4.1 Schematic Design Alternatives 8 32 10 12 80 142 $407 $20,737 0000 $0 $0 $20,737

4.2 City Staff Meeting #3: Schematic Design Alternatives 1 6 7 $26 $1,316 0000 $0 $0 $1,316

4.3 Public Outreach Round 1: Schematic Design Alternatives 2 16 12 20 50 $147 $7,507 0000 $0 $0 $7,507

4.4 Draft Design Development 6 20 10 8 40 84 $249 $12,679 0000 $0 $0 $12,679

4.5 Stormwater Analysis 4 4 $14 $714 2,789 0 0 0 $279 $3,068 $3,782

4.6 City Staff Meeting #4: Draft Design Development 1 6 7 $26 $1,316 0000 $0 $0 $1,316

4.7 Public Outreach Round 2: Preferred Concept 2 4 6 16 28 $79 $4,019 0000 $0 $0 $4,019

4.8 Revised Design Dev't. (30% Drawings & Cost Estimate) 6 24 6 40 76 $224 $11,444 14,606 3,518 2,180 0 $2,030 $22,334 $33,778

4.9 City Staff Meeting #5: Preparing for Final Design 1 4 5 $19 $959 0000 $0 $0 $959 Task 4. Subtotal 27 116 20 26 18 196 403 $1,191 $60,691 $17,395 $3,518 $2,180 $0 $2,309 $25,402 $86,093 TASK 5. UTILITY COORDINATION

5.1 Southern California Edison 2 2 $7 $357 0 555 0 0 $56 $611 $968

5. 2 City of Santa Ana Water Resources 2 2 $7 $357 1,474 0 0 0 $147 $1,621 $1,978 Task 5. Subtotal 0 4 0 0 0 0 4 $14 $714 $1,474 $555 $0 $0 $203 $2,232 $2,946 TASK 6. CONSTRUCTION DOCUMENTS

6.1 90% PS+E Submittal 6 32 24 60 122 $347 $17,707 22,352 3,518 8,725 0 $3,460 $38,055 $55,762

6.2 City Staff Meeting #5: 90% PS+E and Constructability Review 1 6 7 $26 $1,316 0000 $0 $0 $1,316

6.3 100% PS+E Submittal 4 24 16 40 84 $241 $12,281 6,799 3,328 1,055 0 $1,118 $12,300 $24,581

6.4 City Staff Meeting #6: 100% PS+E 1 6 7 $26 $1,316 0000 $0 $0 $1,316

6.5 Final PS+E Bid Set 4 8 10 20 42 $121 $6,181 4,140 2,608 528 0 $728 $8,004 $14,185 Task 6. Subtotal 16 76 0 50 0 120 262 $761 $38,801 $33,291 $9,454 $10,308 $0 $5,306 $58,359 $97,160 TASK 7. CONSTRUCTION ADMINISTRATION

7.1 Bid Support 2 16 18 $66 $3,346 1,740 0 0 0 $174 $1,914 $5,260

7.2 Construction Support 16 128 144 $525 $26,765 5,890 1,110 5,365 0 $1,237 $13,602 $40,367 Task 7. Subtotal 18 144 0 0 0 0 162 $591 $30,111 $7,630 $1,110 $5,365 $0 $1,411 $15,516 $45,627 Labor Hours Total 67 428 20 78 24 332 949
Labor Dollars Total $16,080 $74,900 $3,300 $10,140 $3,360 $39,840 $2,955 $150,575 $81,474 $14,637 $17,853 $4,645 $130,471 $281,046 PlaceWorks Percent of Total Labor 7% 45% 2% 8% 3% 35%
REIMBURSABLE EXPENSES
PlaceWorks Reimbursable Expenses $0
Subconsultants' Reimbursable Expenses $0
EXPENSES TOTAL $0
GRAND TOTAL $281,046

PLACEWORKS
Sub‐
consultant
Total
TOTAL TASK
BUDGET
PlaceWorks
Hours
PlaceWorks
Total

SUBCONSULTANTS
Civil
Engineering
Services
Electrical
Engineering
Services
Irrigation
Services Arborist Report
PlaceWorks
2% Office
Expenses
10% Sub‐
consultant
Markup

EXHIBIT B
 
City Council
 17 – 27
9/20/2022
 

PlaceWorks – 2022 Standard Fee Schedule

STAFF LEVEL HOURLY BILL RATE
Principal $210-$335
Associate Principal $195-$250
Senior Associate/Senior Scientist II $170-$235
Senior Associate/Senior Scientist I $160-$195
Associate/Scientist II $135-$170
Associate/Scientist I $125-$160
Project Planner/Project Scientist $105-$150
Planner/Assistant Scientist $90-$130
Graphics Specialist $90-$135
Administrator $145-$200
Clerical/Word Processing/Technical Editor $45-$150
Intern $75-$100
Subconsultants are billed at cost plus 10%.

Mileage reimbursement rate is the standard IRS-approved rate.

Possible Yearly Increase of 5% on bill rates.
2022_StandardFeeSchedule_12-07-21

City Council
17 –
28 9/20/2022

BKF ENGINEERS

HOURLY RATE SCHEDULE

BKF ENGINEERS

PROFESSIONAL SERVICES RATE SCHEDULE
EFFECTIVE MARCH 28, 2022

CLASSIFICATION HOURLY RATE

PROJECT MANAGEMENT
Principal/Vice President $272.00
Senior Associate/Vice President $244.00
Associate $237.00
Senior Project Manager | Senior Technical Manager $237.00 Project Manager | Technical Manager $231.00
Engineering Manager | Surveying Manager | Planning Manager $213.00

TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $198.00 Project Engineer | Project Surveyor | Project Planner $174.00 Design Engineer | Staff Surveyor | Staff Planner $151.00 BIM Specialist I, II, III $151.00 - $174.00 - $198.00
Technician I, II, III, IV $144.00 - $153.00 - $168.00 - $181.00 Drafter I, II, III, IV $113.00 - $124.00 - $134.00 - $149.00 Engineering Assistant | Surveying Assistant | Planning Assistant $94.00

FIELD SURVEYING
Survey Party Chief $198.00
Instrument Person $170.00
Survey Chainperson $127.00
Utility Locator I, II, III, IV $103.00 - $146.00 - $175.00 - $199.00 Apprentice I, II, III, IV $78.00 - $105.00 - $116.00 - $123.00

CONSTRUCTION ADMINISTRATION
Senior Consultant $259.00
Senior Construction Administrator $225.00
Resident Engineer $167.00
Field Engineer I, II, III $151.00 - $174.00 - $198.00

PROJECT ADMINISTRATION
Project Coordinator $126.00
Senior Project Assistant $109.00
Project Assistant $96.00
Clerical | Administrative Assistant $81.00

Expert witness rates are available upon request.

Subject to the terms of a services agreement:
 Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to:
printing and reproduction services; shipping, delivery, and cou rier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carr iers; meals and lodging; and consumable materials.
 Allowable mileage will be charged at the prevailing IRS rate per mile.  Monthly invoices are due within 30 days from invoice date. Inte rest will be charged at 1.5% per month on past due accounts.

City Council
17 –
29 9/20/2022

Glendora | Houston | Los Angeles | San Diego
2100 East Route 66, Suite 210, Glendora, CA 91740 | T 626.650.0350 F 626.650.0352 www.pbsengineers.com

Page 1 ends

M E C H A N I C A L E L E C T R I C A L PL U M B I N G | C O N S U L T I N G E N G I N E E R S

2022

SCHEDULE OF CHARGES
The fee for our services will be based on the charges listed below. All fee quotations are applicable for a period of ninety (90) days from the date of the proposal to which this schedule is attached. We reserve the right to modify these rates upon thirty (30) days advance notice.

PERSONNEL/HOURLY RATE
Principal Engineer $190 Senior CADD/Revit Operator $119 Project Manager $165 CADD/Revit Operator/Drafting $99
Project/Senior Engineer $145 Senior Field Representative $124 Senior Designer $130 Field Representative $114
Designer $124 Word Processor/Clerical $96
These rates apply to regular time and travel time in the continental United States. A maximum travel time of eight (8) hours will be charged on any day. If required in the interest of the project, Overtime will be charged at the above rates for professional personnel and at 1.5 times the above rates for other personnel. Overtime will apply to the time in excess of eight (8) hours per weekday and all-time on Saturdays, Sundays, and holidays. In the event of adverse weather conditions or other factors beyond our control, a standby charge of four (4) hours per w eekday will be made for field personnel.

Reimbursable expenses are in addition to personnel rates. Reimbursable expenses will be billed at cost except as noted below.

MISCELLANEOUS CHARGES
Passenger Car $0.58/mile
Plotting $5.00/sheet
Photocopy $0.07/page

INSURANCE
PBS Engineers maintains Professional Liability, General Liability Insurance for bodily injury and property damage with a limit of $10,000,000 per occurrence for its own account and will furnish certificates of such insurance upon request. In the event the Client desires additional coverage, we will, upon the Client's written request, obtain additional insurance at the Client's expense.

City Council
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30 9/20/2022

A2. Landscape Architecture Services
Hourly rates as
follows: Principal - $190.00 per hour,
Irrigation Designer - $145.00 per hour
Project Manager - $160.00 per hour

City Council
17 –
31 9/20/2022

EXHIBIT C

FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit C.

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON- FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) A ppendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60- 1.3, Consultant agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisements for employees placed b y or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

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(v) The Consultant will comply with all provisions of E xecutive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulat ions, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and rem edies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for

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violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the app licant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) A ppendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) A ppendix II to Part 200 (E ) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such la borer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.

Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant

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shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant 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 Consultant must comply with the requirements of 37 CFR Part 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.. (g) A
ppendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued purs uant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant

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further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I ) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any 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. Each tier must also 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 recipient who in turn will forward the certification(s) to the awarding agency. (j) A
ppendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall 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. part 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. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
(k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this A greement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

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(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and

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(v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND

CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.

Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) C
ompliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable fede ral statutes, regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.

Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.

Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.

Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part

20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

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Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financi al assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amend ed (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
(e) P
rotections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
(2) An Inspector General;
(3) The Government Accountability Office;

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(4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) R educing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) A
ssurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities re ceiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improv e access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because o f their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964.

Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningfu l access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure ef fective communication in the Project.
(iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.

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(iv) Consultant acknowledges and agrees that compliance with this assur ance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or nati onal origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance revi ew activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non -compliance of Title VI and efforts to address the non- compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide docume ntation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.

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(x) If Consultant makes sub- awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

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Public Works Agency
www.santa-ana.org/pw
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 20, 2022
TOPIC: Partial Real Property Acquisition for Fairview Bridge Replacement and Street Improvements

AGENDA TITLE
Authorize an Offer and Agreement to Purchase in the Amount of $255,000 for Bridge and Roadway Easement for Fairview Bridge Replacement and Street Improvements (Property Owner: Orange County Flood Control District) (Project No. 15-6827) (Non- General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a purchase agreement with the property owner of Orange County Flood Control District (OCFCD) for the easement purchase located at Fairview Street Bridge over Santa Ana River in the amount of $255,000, subject to non- substantive changes approved by the City Manager and the City Attorney.

DISCUSSION
Fairview Street is classified as a north-south Major Arterial in the City’s General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways.

Improving Fairview Street from 9 th Street to 16 th Street has been a long-term priority project. The proposed project would widen Fairview Street from two lanes to three lanes in each direction. Additionally, the Fairview Street Bridge would be replaced with a new six-lane bridge (three lanes in each direction), including a complete bridge deck with barrier rails, sidewalks, bicycle lanes, a raised landscaped median, and lighting.

Construction is anticipated to begin in Spring 2023.

City currently has a 100’ wide roadway easement over the Santa Ana River with the Orange County Flood Control District. The new bridge will be constructed beyond the existing roadway easement. Therefore, additional bridge and roadway easement is required (Exhibit 1). On June 13, 2022, Planning Commission adopted Resolution of the Planning Commission of the City of Santa Ana Determining General Plan Conformity for the Conveyance of Easements by the Orange County Flood Control District over the Santa Ana River for the City’s Replacement of the Fairview Bridge.

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Partial Real Property Purchase Agreement – Fairview Street Bridge September 20, 2022

Page 2 ends

2 9
5 9
The mutually agreed upon purchase offer was determined based on the appraised value prepared by a California State licensed appraiser and accepted by the property owner (Exhibit 2).

ENVIRONMENTAL IMPACT
On June 16, 2020, the City Council approved the Fairview Street Initial Study/Mitigated Negative Declaration (IS/MND) Statement (SCH No. 2020249015).

FISCAL IMPACT
Funds in the amount of $203,000 are budgeted and available in the Fairview Street Improvements Project (No. 15-6827) for property acquisition expenditures in FY 2022-23 as follows:

Fiscal
Year
Accounting
Unit–Account
No.

Fund Description
Accounting Unit,
Account No.

Description
Amount
2022-23 03217663-66100 Measure M
Street Construction
Measure M2 Competitive
Street, Land $191,250
2022-23 05917663-66100
Select Street
Construction Gas Tax HUTA 2103,
Land $63,750
TOTAL $255,000

EXHIBIT(S)

1. Location Map

2. Offer and Agreement to Purchase
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

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PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 15-6827:

Fairview Bridge Replacement and Street
Improvements (9th Street to 16th Street)
EXHIBIT 1

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EXHIBIT 2

-1- 08/15/22

OFFER AND AGREEMENT TO PURCHASE REAL PROPERTY

THIS OFFER AND AGREEMENT TO PURCHASE REAL PROPERTY (“Agreement”) is made _______, 2022 by and between the ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, (“DISTRICT”) and CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, (“BUYER”).

R E C I T A L S

A. DISTRICT owns the real property identified on DISTRICT recor ds as Parcel (to be determined), (the “Property”) described in and shown on the Easement Deed attached hereto as Attachment 1, and by this reference made a part hereof.

B. BUYER has offered to purchase t he Property from DISTRICT for Two Hundred and Fifty-Five Thousand Dollars ($255,000) in order to facilitate BUYER’s Fairview Bridge im provement
project.

C. DISTRICT is willing to sell the Property
to BUYER subject to the terms and conditions of this
Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained DISTRICT and BUYER agree as follows:

1. The terms described hereinabove in the Recitals are incorporated herein by this reference.

2. DISTRICT:

A. Accepts BUYER’S offer to purch ase the subject Property for Two Hundred and Fifty-five Thousand Dollars ($255,000) which amount is hereinafter referred to as “Purchase Price.”

B. Shall execute and acknowledge an Easement Deed in the form of “Easement Deed” attached hereto as Attachment 1, conveying title to the Property to BUYER within ten (10) days after execution of this Agreement by DISTRICT and BUYER;

C. Shall deliver the executed a Easement Deed to BUYER upon pa yment of the Purchase Price to DISTRICT as specified in paragraph 3A below and completion of the terms and conditions of the OC Public Works, County Permit #21-0229 (“Permit”).

D. Makes no warranties or representations whatsoever with rega rd to the quality of the title to the Property or the fitness of the Property for a particular purpose; and

E. Shall provide no title insurance in this transaction.

3. BUYER:

A. Shall, in consideration of the transfer of Property by DIST RICT to BUYER, deliver the Purchase Price to County Executive Office/Real Estate Services upon BUYER’S receipt of the Easement Deed executed by DISTRICT;

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EXHIBIT 2

-2- 08/15/22

B. Shall accept, and record the Easement Deed at the Office of the Orange County Recorder, and shall immediately thereafter provide County Executive Office/Real Estate Services with a conformed copy of the Easement Deed; and

C. Shall accept title to the Property “as is” subject to all m atters affecting the Property whether recorded or unrecorded known or unknown.

4. All documents, correspondence, and communications concerning t his transaction shall be directed as follows:

To DISTRICT:

Orange County Flood Control District
c/o County Executive Office/Real Estate Services
400 W. Civic Center Drive, 5th Floor
Santa Ana, CA 92701
Attn: Sergio Mora

To BUYER:

Clerk of City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA, 92702
Attn: Jason Gabriel

5. This Agreement may be executed in counterparts, each of which when taken together shall constitute the one original.

Signatures pages follow.

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EXHIBIT 2

-3- 08/15/22

BUYER hereby submits this offer with full knowledge of the terms and conditions contained herein.

Approved as to Form:

By: _________________________________
John Funk
Chief Assistant City Attorney

Date: __________________________

BUYER
City of Santa Ana,
A charter city and municipal corporation duly
organized under the Constitution and laws of
the State of California

By: __________________________________
Kristine Ridge
City Manager

DISTRICT has considered and accepts this offer.

Approved as to Form
Office of the County Counsel
Orange County, California

By: ________________________________
Deputy

Date: __________________________

Signed and certified that a copy of this agreement
has been delivered to the Chairman of the Board
per G.C. Sec. 25103, Reso 79-1535

ATTEST:
______________________________________
Robin Stieler, Clerk of the Board
Orange County Flood Control District
County of Orange, California

DISTRICT

ORANGE COUNTY FLOOD CONTROL
DISTRICT, a body corporate and politic

By: _____________________________________
Chairman of the Board of Supervisors
County of Orange, California

August 17, 2022

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Bridge and Roadway Easement - OCFCD to City of Santa Ana 1 Rev. 02 14 18jja

RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:

Clerk of the Council
City of Santa Ana
20 Civic Center Plaza M-30
Santa Ana, CA 92702
.
.

Mail Tax Statements as shown above

THIS SPACE FOR RECORDER’S USE ONLY

APN:

DOCUMENTARY TRANSFER TAX $ ___________________
__ Computed on the considerati on or value of property conveyed __ Exempt per Revenue & Taxation Code Section 11922
X Exempt from Recording Fees per Govt. Code Section 27383 Unincorporated Area
Incorporated - City of Santa Ana

Parcel No: E01-901, 913, and 917
Project: Fairview Street Bridge over Santa Ana River Channel

EASEMENT DEED

For valuable consideration, receipt of which is hereby acknowledged,

ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic,
hereinafter referred to as “DISTRICT,”

does hereby grant to

CITY OF SANTA ANA,
a charter city and municipal corporation duly organized under the Constitution and laws of the State of California
hereinafter referred to as “GRANTEE,” its, successor and assigns,

a non-exclusive easement for bridge and roadway purposes in, on, over, under, upon and across that certain real property in the City of Santa Ana, County of Orange, State of California (hereinafter referred to as “Easement Area”) described in “Exhibit A,” and illustrated in “Exhibit B,” which exhibits are attached hereto and by this reference made a part hereof. DISTRICT and GRANTEE , may sometimes hereinafter be individually referred to as “Party” or jointly as “Parties”.

GRANTEE’s rights shall include rights to construct, reconstruct , repair, replace, alter, inspect, operate and maintain a bridge, bridge piers, footings, debris nosing, a roa dway, curbs, gutters, sidewalks, and any appurtenant structures related thereto (“GRANTEE’s Facilities”), and shall include reasonable access to the Easement Area for the purpose of exercising the rights herein granted.

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Bridge and Roadway Easement - OCFCD to City of Santa Ana 2 Rev. 02 14 18jja It is understood and agreed by the Parties hereto and their suc cessors and assigns that the easement and right of way herein granted in this easement deed (“ Easement Deed ”) shall be subject to the following terms, conditions, and reservations:

1. CONSTRUCTION AND MAINTENANCE
(PMES2.2S)
GRANTEE shall have all construction, excavation, maintenance an d or demolition plans approved in writing by DISTRICT’s Director OC Public Works, or designee, (hereinaft er referred to as “ Director”) through OC Public Works (“OCPW”) County property encroachment permit process and shall obtain a County property permit ( CPP) with payment of normal processing fees therefor and shall pro vide evidence of adequate insurance coverage prior to commencement of any work in, on, ov er, upon or across the Easement Area; and upon completion of any such work, GRANTEE shall immediately notify Director in writing of such completion.

Director’s approval of GRANTEE’s construction and/or maintenance plans shall not be deemed approval from the standpoint of structural safety, suitability for purpose or conformance with building or other codes or other governmental requirements. DISTR ICT is not responsible for per mitting of any construction and/or maintenance, design, assumptions or accuracy of GRANTEE’s const ruction and/or maintenance plans.

Director will rely on the professional expertise of the Enginee r of Record when approving GRANTEE’s construction and/or maintenance plans.

GRANTEE hereby acknowledges that the Easement Area lies within a portion of DISTRICT’s flood control facility, commonly referred to as the Santa Ana River Channel (hereinafter “the Channel”).

GRANTEE shall perform all construction and/or maintenance in such a manner that will allow for unobstructed flood control operations and maintenance of the Channel by DISTRICT.

Should it be necessary for GRANTEE to conduct any construction, demolition, inspection, repair, maintenance or other activities that may disturb the surface of the Easement Area or require the use of any specialized vehicles or equipment, including but not limited to haulers or cranes, subsequent to the completion of the initial installation of GRANTEE Facilities, GRANTEE agrees to notify Director in writing sixty (60) days in advance of such planned activities, obtain the Director’s written appro val of all plans, and obtain a CPP for any such activities with payment of normal processing fees therefor and shall provide evidence of adequate insurance coverage prior to commencement of any such activities in, on, o ver, upon or across the Easement Area. The Director’s prior approval shall not be necessary, nor shall GRA NTEE be required to obtain a CPP prior to conducting any work associated with an emergency situation, how ever, GRANTEE shall notify the Director within five (5) days following commencement of any such emergen cy work, and if so, requested by the Director, GRANTEE shall secure a CPP for the purpose of documenting the emergency work.

In addition, GRANTEE shall condition third parties (e.g. permit tees and/or franchisees) who seek to perform any construction, demolition, or other activities that may dist urb the surface of the Easement Area or require the use of any specialized vehicles or equipment within the Eas ement Area, to obtain approval from the DISTRICT through the CPP process prior to commencement of performing said activities or placement of any facilities in, on, over, across or under within the Easement Ar ea, which approval shall not be unreasonably withheld. GRANTEE agrees that rights or permits granted to third parties by reason of this clause shall contain provisions that such rights are subject to this Easement Deed, and that any such grants to third parties include a provision that requires the third party to obtain a CPP before performing any construction, demolition, or other activities that may disturb the surface of the Easement Area or require the use of any specialized vehicles or equipment within the Easement Area, with the understanding t hat such a CPP may contain reasonable conditions designed to ensure that said activities or placement of any facilities within the Easement Area do not interfere with DISTRICT’s use of the Easement Area and that the surface of the Easement Area, if disturbed, shall be restored in kind as nearly as practicable to its original condition upon the completion of said

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Bridge and Roadway Easement - OCFCD to City of Santa Ana 3 Rev. 02 14 18jja activity.

Except in areas in which such activities require regulatory age ncy approval, or are otherwise designated as environmentally sensitive, GRANTEE shall have the right to cut such roots as may endanger or interfere with GRANTEE Facilities provided, however, that any excavation shall be made in such a manner as will cause the least injury to the surface of the ground and any improvements and/or landscaping around such excavation, and that the earth so removed shall be replaced and the surface of the ground and any improvements and/or landscaping around such excavation, damaged shall be promptly r estored by GRANTEE at its expense to the same condition as existed prior to excavation, to Director’s satisfaction.

GRANTEE shall, at no cost to DISTRICT, maintain Easement Area free of debris, graffiti and litter and shall maintain in good repair and in safe condition, all GRANTEE’s Facilities constructed, used or placed upon the Easement Area by or on behalf of GRANTEE pursuant to this Easem ent Deed and further agrees to require any of its utility franchisees or other permittees to maintain in good repair and in safe condition, all equipment constructed, used or placed upon or within the Easement Area, at no cost to DISTRICT.

GRANTEE hereby acknowledges that t he bridge piers, footings and debris noses are an integral part of GRANTEE’s bridge structure which will require, among other things, routine and periodic inspection/maintenance. GRANTEE shall assume all maintenance re sponsibility of the bridge structure including the piers, footings and debris noses.

2. REMOVAL AND/OR ABANDONMENT
(PMES3.1S)
GRANTEE agrees that in the event (a) GRANTEE Facilities are no longer required, or (b) GRANTEE’s use of said Facilities ceases for a continuous period of more than one (1) year without written notice from GRANTEE to DISTRICT of the circu mstances affecting such suspens ion and of GRANTEE’s intention to resume usage of GRANTEE Facilities, GRANTEE shall, at Director’ s request and at no cost to DISTRICT, remove and/or abandon said GRANTEE Facilities within ninety (90) days after receipt of written notice from Director to remove and/or abandon. Following such removal and/ or abandonment, GRANTEE shall, at no cost to DISTRICT, restore the Easement Area to the condition that existed prior to the granting of this Easement Deed, to Director’s satisfaction. In the event GRANTEE fails to commence and diligently pursue completion of the removal of its Facilities from the Easement Area and the restoration of the Easement Area as provided under this section, in addition to any other rights or remedies available to DISTRICT, the Director, at the Director’s option after thirty (30) days’ written notice to GRANTEE, may cause the removal of any GRANTEE Facilities from the Easement Area and the restoration of the Ea sement Area, and the cost thereof, including but not limited to the cost of labor, materials, and equipment, and a fifteen percent (15%) administration fee of such costs, shall be paid by GRANTEE within fifteen (15) day s following a receipt of a statement of said costs from the Director.

GRANTEE shall also execute and deliver to the Director, within ninety (90) days of such removal and/or abandonment, for recordation in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbrance of this Easement Deed from title.

3. RELOCATION
(PMES4.1S)
In the event GRANTEE Facilities shall at any time interfere wit h the operation, maintenance, replacement, enlargement or improvement of DISTRICT’s property as determined by the Director, and such interference requires, in the Director’s sole and absolute determination, the removal or relocation of GRANTEE Facilities, the Director shall provide GRANTEE written notification of such interference and the need for the removal of GRANTEE Facilities from the Easement Area. In such instance, t he Director shall endeavor to, but shall not be obligated to locate an alternate site on DISTRICT-owned prop erty for the relocation of GRANTEE Facilities. Under no circumstance, shall DISTRICT be obligated to purchase any property, easement rights, or enter into or pay for any lease or license rights to accommodate the relocation of GRANTEE Facilities. To

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Bridge and Roadway Easement - OCFCD to City of Santa Ana 4 Rev. 02 14 18jja the extent an alternative area on DISTRICT property cannot reas onably be made available, DISTRICT may terminate this Easement Deed and require GRANTEE to remove its Facilities from the Easement Area.

Except in an emergency, the Director shall provide GRANTEE with written notice a minimum of two hundred forty (240) days in advance of the date that GRANTEE Facilities must be removed from the Easement Area.

GRANTEE agrees at its sole cost and expense, to remove its Faci lities from the Easement area, restore the Easement Area to the condition that existed prior to the installation of GRANTEE Facilities, satisfactory to the Director, within such 240-day period, or as such date may be extended by the Director, and if an alternate site on District property has been identified for the relocation of GRANTEE Facilities, GRANTEE at its sole cost and expense shall relocate its Facilities to such location within said 240-day period, unless such period is extended at the sole discretion of the Director. The removal a nd/or relocation of GRANTEE Facilities shall be subject to the provisions of Section 2 (Construction and Maintenance) of this Easement Deed.

In the event GRANTEE fails to perform its obligations to commence and diligently pursue completion of the removal of its Facilities from the Easement Area and restoration of the Easement Area as provided under this section, in addition to any other rights or remedies available to DISTRICT, the Director, at the Director’s option after thirty (30) days’ written notice to GRANTEE, may cause the removal of any GRANTEE Facilities from the Easement Area and the restoration of the Easement Area, and the cost thereof, including but not limited to the cost of labor, materials, and equipment, and a f ifteen percent (15%) administration fee of such costs, shall be paid by GRANTEE within fifteen (15) days following a receipt of a statement of said costs from Director. Under no circumstance shall DISTRICT be obligated to relocate GRANTEE Facilities to any alternate relocation site regardless of whether a relocation site had been designated on District-owned property.

4. REVISION OF LEGAL DESCRIPTION
(PMES5.1S)
In the event it becomes necess ary to relocate GRANTEE Facilitie s as provided in Section 3 (Relocation) of this Easement Deed and the legal description described in attac hed Exhibit A and illustrated in Exhibit B are subsequently determined to inaccurately describe the location o f the Easement Area, the Parties agree that GRANTEE shall cause the legal description and illustration of t he Easement Area to be revised, and upon written approval of both Parties of the revised legal descripti on and illustration, this Easement Deed shall be amended so as to replace the original legal description and ill ustration of the Easement Area with the revised legal description and illustration and such amended Easement De ed shall be recorded by GRANTEE. The Parties agree that the amendment of Exhibit A and Exhibit B and the re-recording of the Easement Deed shall not affect, alter, or change any of the terms, conditions or reservations of this Easement Deed and further agree that the amended and re-recorded Easement Deed shall relate back and be deemed in place as of the initial date of this Easement Deed.

5. COMPLIANCE WITH REGULATORY AUTHORITIES (PMES6.2S)
GRANTEE shall, at its own cost and expense, promptly and at all times observe, comply with and carry out all present and future orders, regulations, directions, rules, laws, ordinances, permits and requirements of all governmental authorities, including but not limited to environm ental regulatory authorities, with jurisdiction in, on, over, upon or across the Easement Area, which arise fro m GRANTEE’s use of or performance of any activities permitted to be conducted in, on, over, under or across the Easement Area.

In addition, GRANTEE shall ensure that all construction in the Easement Area is performed in accordance with any NPDES (National Pollutant Discharge Elimination System) permit requirements or other water quality statutes, regulations, ordinances, or permits applicable to the construction, including but not limited to use of appropriate best management practices, so as to ensure that pollutants are not discharged into the Channel nor into DISTRICT’s flood control system.

GRANTEE shall not accept any regul atory permit, or consent to a ny regulatory permit provision which may (i) affect the operation and maintenance of the Channel; (ii) c ommit DISTRICT to any new maintenance

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Bridge and Roadway Easement - OCFCD to City of Santa Ana 5 Rev. 02 14 18jja obligation; (iii) require the installation of any water quality feature within the Channel property; (iv) result in increased Channel operation or maintenance expenses; or (v) be inconsistent with DISTRICT’s Channel operations and/or facilities standards and criteria, without the Director’s prior written approval, which approval shall be at Director’s sole discretion and which approval may i nclude, but not be limited to the posting of a bond or the deposit of funds to cover any permit obligations. GRANTEE shall ensure that any such proposed permit provision(s) not approved in writing by the Director is/are stricken or deleted from the final permit prior to its issuance.

No approvals or consents given hereunder by DISTRICT, as a Part y to this Easement Deed, shall be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules or regulations.

6. COMPLIANCE WITH THE PROVISIONS OF THIS EASEMENT DEED GRANTEE agrees that it shall be responsible for ensuring that a ll work or activities performed within, on, over, under or about the Easement Area by GRANTEE’s employees, contractors, subcontractors, agents, representatives, permittees, franchisees or invitees are conduc ted in accordance with the provisions of this Easement Deed.

7. HOLD HARMLESS (PMES7.2S)
GRANTEE acknowledges the Easement Area is in, on, over, under o r about DISTRICT’s Channel and may be subject to all hazards associated with flood conditions. GRANTEE agrees to assume all risks, financial or otherwise, associated therewith. For purposes of this Section, GRANTEE acknowledges and agrees that DISTRICT shall not be deemed negligent in the maintenance and/o r operation of the Channel if DISTRICT operates and maintains the Channel in substantial conformance with standard DISTRICT practices used for other similar facilities.

GRANTEE hereby releases and waives all claims and recourse agai nst DISTRICT and the County of Orange (“County”) including the right of contribution for loss of or damage to property, or injury to or death of any person arising from, growing out of or in any way connected with or related to this Easement Deed, including any damage to or interruption of use of GRANTEE Facilities caus ed by erosion, flood, or flood overflow conditions of the Channel, or caused by the operation, maintenance, repair, reconstruction, replacement, enlargement or improvement of the Channel or by DISTRICT’s flood control operations, except claims arising from the concurrent active or sole negligence of DISTRICT and/or County, their officers, agents, employees and contractors.

GRANTEE hereby agrees to indemnify, defend (with counsel approv ed in writing by DISTRICT), and hold harmless, DISTRICT and County, t heir elected and appointed offi cials, officers, agents, employees and contractors against any and all claims, losses, demands, damage s, cost, expenses or liability for injury to any persons or property, arising out of the maintenance, use of or operations or activities conducted in, on, or over the Easement Area, and/or the e xercise of the rights under this Easement Deed by GRANTEE, its agents, officers, employees, invitees or licensees including, but not l imited to, use of the Easement Area by members of the general public. GRANTEE’s indemnity obligation shall no t extend to any liability arising out of the concurrent active or sole negligence of DISTRICT, and/or County, their elected and appointed officials, officers, agents, employees or contractors including the cost of defense of any lawsuit arising therefrom. If DISTRICT and/or County is/are named as co-defendant(s) in a law suit, GRANTEE shall notify Director of such fact and shall represent DISTRICT/County in such legal act ion unless DISTRICT/County undertake(s) to represent itself/themselves as co-defendant(s) in such legal action, in which event, GRANTEE shall pay to DISTRICT/County its/their litigati on costs, expenses, and attor ney fees. If judgment is entered against DISTRICT/County and GRANTEE by a c ourt of competent jurisdictio n because of the concurrent active negligence of DISTRICT/County and GRANTEE, DISTRICT and GRANTEE agree that liability will be apportioned as determined by the court. Neither Party shall request a jury apportionment.

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Bridge and Roadway Easement - OCFCD to City of Santa Ana 6 Rev. 02 14 18jja GRANTEE acknowledges that it is f amiliar with the language and provisions of California Civil Code Section 1542 which provides as follows:

A general release does not extend to claims t hat the creditor or releasing party does not know or suspect to exist in his or her favo r at the time of executing the release, and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.

GRANTEE, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its provisions to the extent described in this section.

8. GRANTEE’S LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS (PMES8.2S)
GRANTEE shall not cause or permit any “Hazardous Material,” as hereinafter defined, to be brought upon, kept, or used in or about the Easement Area. If GRANTEE breach es the obligations stated herein, or if contamination of the Easement Area by Hazardous Material otherwise occurs for which GRANTEE is legally liable to DISTRICT for damage r esulting therefrom, then GRANTEE shall indemnify, defend with counsel approved in writing by DISTRICT, and hold harmless, DISTRICT and/or County, and their elected or appointed officials, officers, agents, and employees from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Easement Area, sums paid in settlement of claims, attorney fees, consultant fees, and expert witness fees) which arise during or after GRANTEE’s use of the Easement Area as a result of such contamin ation. This indemnification includes, without limitation, costs incurred by DISTRICT in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental entity or agency because of Hazardous Material being present in the soil or ground water under the Easement Area.

GRANTEE shall promptly take all action, at its sole cost and ex pense, as is necessary to clean, remove, and restore the Easement Area to its condition prior to the introduction of such Hazardous Material by GRANTEE, provided GRANTEE shall first have obtained Director’s written a pproval and the approval of any necessary governmental entities or agencies for any such remedial action.

As used herein, the term “ Hazardous Material” means any hazardous or toxic substance, material, or waste which is or shall become regulated by any governmental entity o r agency, including, w ithout limitation, the County, the state of California, or the United States government.

9. RESERVATIONS
(PMES9.1S)
DISTRICT hereby reserves for itself and its successors and assigns, such surface, subsurface and aerial rights in the Easement Area as will not unreasonably interfere with or prohibit the use by GRANTEE of the rights and easement herein granted and reserves for itself the right to act in accordance with the Orange County Flood Control Act including, but not limited to improving, constructing, reconstructing, rehabilitating, operating and maintaining the Channel facility.

DISTRICT further reserves the right to grant easements, rights of way, and permits in, over, upon, through, across, and along any and all portions of the Easement Area as will not interfere unreasonably with or prohibit the use by GRANTEE of the rights and easement herein granted.

In the event DISTRICT exercises such rights to utilize the Easement Area, which use results in the disturbance of the Easement Area, DISTRICT’s only responsibility shall be to backfill with compacted earth to the grade of the surrounding property following completion of DISTRICT’s activity. GRANTEE shall restore GRANTEE Facilities to the design and grade approved as provided for in Section 1 (Construction and Maintenance) above.

10. CONVEYANCE SUBJECT TO EXISTING INTERESTS
(PMES10.1S)

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Bridge and Roadway Easement - OCFCD to City of Santa Ana 7 Rev. 02 14 18jja This Easement Deed is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which may affect the Easement Area, and the use of the word “grant” herein shall not be construed as a covenant against the existence of any thereof.

Nothing contained herein, or in any document related hereto, sh all be construed to imply the conveyance to GRANTEE of rights in the Easement Area which exceed those owned by DISTRICT, or any representation or warranty, either express or implied, relating to the nature or condition of the Easement Area or DISTRICT’s interest therein.

11. TAXES AND ASSESSMENTS
(PMES11.1S)
Should this Easement Deed create a possessory interest which is subject to the payment of taxes levied on such interest, it is understood and agreed that all taxes and assessments (including but not limited to said possessory interest tax) which become due and payable upon the Easement Ar ea or upon any GRANTEE Facilities, fixtures, equipment, or other property installed, constructed or used by GRANTEE thereon in connection with this Easement Deed, shall be the full responsibility of GRANTEE , and GRANTEE shall cause said taxes and assessments to be paid promptly when due.

12. NOTICES (PMES12.1S)
All notices, documents, corres pondence and communications conce r n i n g t h i s E a s e m e n t D e e d s h a l l b e addressed as set forth in this Section, or as the Parties may h ereafter designate by written notice, and shall be sent through the United States mail with postage prepaid. Any such mailing shall be deemed served or delivered twenty-four (24) hours after mailing. Each Party may change the address for notices by giving the other Party at least ten (10) calendar days’ prior written notice of the new address.

Notwithstanding the above, either Party may also provide notice s, documents, correspondence, or such other communications to the other by personal delivery or by Federal Express or similar courier service and so given shall be deemed to have been given upon receipt.

To DISTRICT:

Orange County Flood Control District
c/o CEO/Real Estate Services
RE: Santa Ana River Channel – xx TBD xx
P.O. Box 4048
Santa Ana, CA 92702-4048
To GRANTEE:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-19888

13. VENUE
(PMES13.1S)
The Parties hereto agree that this Easement Deed has been negot iated and executed in the state of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this Easement Deed, the sole and exclusive venue shall be a court of competent jurisdiction located in the County of Orange, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the Parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another county.

14. WAIVER OF RIGHTS
(PMES14.1S)
The failure of DISTRICT to insist upon strict performance of any of the terms, covenants, or conditions of this Easement Deed shall not be deemed a waiver of any right or reme dy that DISTRICT may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the Easement Deed thereafter, nor a waiver of any remedy for the su bsequent breach or default of any term, covenant, or condition of the Easement Deed.

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Bridge and Roadway Easement - OCFCD to City of Santa Ana 8 Rev. 02 14 18jja

15. SEVERABILITY (PMES15.1S)
If any term, covenant, condition, or provision of this Easement Deed is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

16. ATTORNEY FEES (PMES16.1S)
In any action or proceeding brought to enforce or interpret any provision of this Easement Deed, or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorney fees and costs.

17. SUCCESSORS AND ASSIGNS
(PMES18.1S)
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties hereto.

18. AUTHORITY (PMES20.1S)
The Parties to this Easement Deed represent and warrant that this Easement Deed has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms.

Signatures pages follow.

City Council
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14 9/20/2022

Bridge and Roadway Easement - OCFCD to City of Santa Ana 9 Rev. 02 14 18jja

Approved as to Form
Office of the County Counsel
Orange County, California

By: ________________________________
Deputy

Date: __________________________

Signed and certified that a copy of this agreement
has been delivered to the Chairman of the Board per
G.C. Sec. 25103, Reso 79-1535

ATTEST:
______________________________________
Robin Stieler, Clerk of the Board
Orange County Flood Control District
County of Orange, California

DISTRICT

ORANGE COUNTY FLOOD CONTROL
DISTRICT, a body corporate and politic

By: _____________________________________
Chairman of the Board of Supervisors
County of Orange, California

ACKNOWLEDGMENT
State of California )
County of Orange )

On __________________, 20 ____ before me, ________________________________________________, personally (Insert name of Notary Public & title)
appeared _______________________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________________
(Seal)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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Bridge and Roadway Easement - OCFCD to City of Santa Ana 10 Rev. 02 14 18jja

Approved as to Form:

By: ________________________________
John Funk
Chief Assistant City Attorney

Date: __________________________

GRANTEE

CITY OF SANTA ANA,

By: _____________________________________
Kristine Ridge
City Manager

ACKNOWLEDGMENT

State of California )
County of Orange )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________________

(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

August 17, 2022

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Bridge and Roadway Easement - OCFCD to City of Santa Ana Rev. 02 14 18jja

EXHIBIT A

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Bridge and Roadway Easement - OCFCD to City of Santa Ana Rev. 02 14 18jja

EXHIBIT B

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Bridge and Roadway Easement - OCFCD to City of Santa Ana Rev. 02 14 18jja

CERTIFICATE OF ACCEPTANCE

This is to certify that the interest in the real property conve y e d b y t h e G r a n t D e e d d a t e d ___________________ from the Orange County Flood Control Distri ct, a body corporate and plitic, to the City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and laws for the State of California is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana Municipal Code adopted by the City Council on June 1, 1988, in the compliance with California Government Code Section 27281 and the grantee consents to recordation by its duly authorized officer.

GRANTEE

CITY OF SANTA ANA

By: _____________________________________
Kristine Ridge
City Manager

Date: _____________________________________

City Council
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27 9/20/2022

Public Works Agency
www.santa-ana.org/pw
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 20, 2022
TOPIC: Agreement with County of Orange for Building Overhangs on Ross Street AGENDA TITLE:

Approve a License Agreement with the County of Orange for use of Ross Street Right-of Way for Building Overhangs

RECOMMENDED ACTION
Authorize the City Manager to execute a license agreement with the County of Orange, a political subdivision of the State of California, for use of public right-of-way to accommodate overhangs for two County buildings within Ross Street between Santa Ana Boulevard and Civic Center Drive, subject to non-substantive changes approved by the City Manager and the City Attorney.

DISCUSSION
During the past decade, the County of Orange (County) has been in the process re- developing the block bordered by Santa Ana Boulevard, Ross Street, Civic Center Drive and Broadway. In conjunction with the project, the County of Orange dedicated to the City an 18’ wide strip of land along the east side of Ross Street for street right of way on November 4, 2021.

The County has completed two new buildings fronting Ross Street. Construction of the County Administrative South (CAS) building at 601 North Ross Street was completed in 2020, and construction of the County Administrative North (CAN) building at 400 West Civic Center Drive was completed in summer 2022. The County constructed an overhanging roof as a design element on both buildings. The overhangs are situated within the City’s newly dedicated Ross Street right-of-way above the surface of the street, approximately seven feet into the right of way for the CAN building, and approximately 11 feet into the right of way for the CAS building (Exhibits 1 and 2).

To document the County’s right to use, maintain, and repair its overhangs, to identify insurance requirements, and to prescribe terms of indemnification of the City by the County, the City and County will to enter into a License Agreement (Exhibit 3).

City Council
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1 9/20/2022

Agreement with County of Orange for Building Overhangs on Ross Street September 20, 2022

Page 2 ends

2 9
6 0

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Location Map

2. Section-View Photograph of Overhangs

3. Draft License Agreement
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

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2 9/20/2022

PAGE 1 OF 1
LEGEND:

EXHIBIT 1
PWA

SANTA ANA

PUBLIC WORKS AGENCY

LICENSE AND RIGHT OF ENTRY AREA
county building overhang map
Library
Santa Ana
400 West Civic Center Drive
County Administrative North

CIVIC CENTER DRIVE

ROSS STREET

SANTA ANA BLVD
601 North Ross Street
County Administrative SouthRoss Annex
City Hall
Santa Ana

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PAGE 1 OF 1
EXHIBIT 2
PWA

SANTA ANA

PUBLIC WORKS AGENCY
county building overhang photo
400 WEST CIVIC CENTER DRIVE
601 NORTH ROSS STREET

ROSS STRE ET

SA NTA ANA BO ULEVARD

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EXHIBIT 3

Page 1 of 8 ends

RIGHT OF ENTRY AND LICENSE AGREEMENT
THIS RIGHT OF ENTRY AND LICENSE AGREEMENT (“Agreement”) is made and entered into this ____ day of ________ 2022 (“Effective Date”) by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, (hereinafter referred to as the “City”), and the COUNTY OF ORANGE, a political subdivision of the State of California (herein referred to as the “County”), with respect to the following:

RECITALS
A. County owns that certain real property located at 601 N. Ross Street, Santa Ana, CA, described as Parcel 1 of Parcel Map of Parcel Map No. 2016-182 as shown on a map filed in Book 408, Pages 19 - 26 of Parcel Maps, recorded November 4, 2021, in the Office of the County Recorder of County of Orange, California (hereinafter “Building 16”), which is occupied by various County agencies.

B. County also owns that certain property located at 400 W. Civic Center Drive, Santa Ana, CA described as Parcel 2 of Parcel Map of Parcel Map No. 2016-182 as shown on a map filed in 408, Pages 19 - 26 of Parcel Maps, recorded November 4, 2021,, in the Office of the County Recorder of County of Orange, California (hereinafter “Building 14”), which is currently being constructed, and will there after also house County agencies.

C. City owns or has an easement for public street/road purposes along, above and under the public street commonly known as Ross Street (hereinafter “Street”), which abuts Building 14 and Building 16 and was recorded on __________ in Book ____, Page ____, of Official Records, in the Office of the County Recorded of County of Orange, State of California (“City Easement”).

D. County has constructed an overhanging roof as a design element at Building 1 and Building 2, both of which encroach upon the City Easement (the “Overhangs”).

E. County desires a license to construct, maintain and repair its Overhangs which are located on building 14 and 16 between the approximate elevations of 86 and 92 feet above the surface of Ross Street, as described in Exhibit A and depicted in Exhibit B, of Attachment 1 (“License Area 1”) and in Exhibit A and depicted in Exhibit B, of Attachment 2 (“License Area 2”) attached hereto and incorporate by reference. License Area 1 and License Area 2 may be collectively referred to herein as the “License Areas.”
NOW, THEREFORE, for good and valuable consideration, County and City do hereby agree as follows:

1. Right of Entry and License.

Provided that all of the terms and conditions of this Agreement are fully satisfied, as of the Effective Date of the Agreement, City hereby grants to County and its employees, agents and contractors the nonexclusive, non-assignable, personal, revocable right and license to use,

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EXHIBIT 3

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maintain, and repair said Overhangs within the License Areas. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other cognizable property interest in said Street.

2. County’s Duties.

By execution of this Agreement, County agrees for itself and on behalf of its employees, agents, consultants and contractors as follows:
a. All work performed by County on the Overhangs from or within the License Areas shall comply with the current edition of the Standard Specifications for Public Works Construction (Green Book) and all applicable City Ordinances, Standards and Specifications currently in effect. The work, including method of installation and limits of construction of the Overhangs shall be depicted on a plan and shall be subject to review inspection and approval by the City Engineer. Any contractor performing work on the Overhangs shall first obtain all applicable permits from the City.
b. The County shall endeavor to maintain and repair the Overhangs from property owned or controlled by County, if practical. Any maintenance or repair of the Overhangs via the City’s Street shall require the County to apply for and obtain all applicable permits from the City.
c. County accepts full responsibility for all damages and restoration to City property caused by County pursuant to County’s activities stated herein. In the event that County damages any portion of City Property, County shall immediately repair the damage at County’s sole cost.

Alternatively, the City may, at its election, repair the damage in which case County shall reimburse the City for its direct cost within thirty (30) days of receipt of written demand from City.
d. All work shall be done by a State Licensed Contractor with the appropriate classification. In addition, the contractor shall possess a current City Business License. e. Traffic.
•Traffic control shall comply with City Standard Plan No. 1125F and the Work Area Traffic Control Handbook (WATCH). Amber lights must be maintained at night.
•Any street closure shall comply with City Standard Plan No. 1125F. f. Refuse, rubble, gravel, dirt or unused materials shall be removed on a daily basis and final cleanup shall take place within 3 days after completion of the work. If not removed within 3 days, City may remove such refuse, rubble, gravel, dirt or unused materials at County’s expense, including the current call-out charge.
g. County shall provide plans for the project on City Standard Sheets and shall provide as-built plans when installation is complete.
h. County shall cause all activities of under this Agreement and all activities on the License Areas to be performed in compliance with all applicable federal, state, and local laws, ordinances, and regulations, and permits.

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3. General Terms and Conditions.
a. Insurance. The County is self-insured; however, prior to undertaking performance of work under this Agreement, County shall require its contractor(s) to obtain and maintain Commercial General Liability Insurance, which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of County’s operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall be endorsed to (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions.
i. The following requirements apply to the insurance to be provided by County’s contractors pursuant to this section:
•County contractors shall maintain all insurance required above in full force and effect for the entire period covered by their activities conducted pursuant to this Agreement.
•Certificates of insurance shall be furnished to the City prior to any County contractors’ performance and shall be approved in form by the City Attorney. •Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City.
ii. If County’s contractors fail or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish City with required proof that insurance has been procured and is in force and paid for, City shall have the right, at its election, to terminate this Agreement, if the County fails to cure within thirty (30) days of written notice received by County from City. b. County shall not permit any mechanics, materialman’s or other liens of any kind or nature (“Liens”) to be filed or enforced against the License Areas in connection with this Agreement. County shall indemnify, defend and hold harmless City, its officers, employees and agents, free from all liability for any and all liens, claims and demands, together with costs of defense and reasonable attorneys’ fees, arising from any Liens. City reserves the right, at its sole cost and expense, at any time and from time to time, to post and maintain on the License Areas or any portion thereof, notices of non-responsibility or any other notice as may be desirable to protect City against liability. In addition to, and not as a limitation of City’s other rights and remedies under this Agreement, should County fail, within ten (10) days of written request from City, either to discharge any Lien or to bond for any Lien, or to defend, indemnify, and hold harmless City from and against any loss, damage, injury, liability or claim arising out of a Lien, then City, at its option, may elect to pay such Lien, or settle or discharge such Lien and any action or judgement related thereto and all costs, expenses and attorneys’ fees incurred in doing so shall be paid to City, as applicable, by County upon written demand.

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Page 4 of 8 ends

c. County shall not have any ownership interest in the License Areas or be entitled to any reimbursement or repayment for any work performed upon the License Areas pursuant to this Agreement.
d. County may not encroach upon the License Areas for any other purpose or business than that specified in Paragraph 1, above, other than pedestrian purposes already available to members of the general public, without obtaining the prior written consent of the City’s Executive Director of the Public Works Agency.
e. City will not be held responsible for loss of, or damage to, any improvements made by County in the License Areas.
f. This License is made subject and subordinate to the prior and continuing right of City to use the public right-of-way.

4. Indemnity.

County hereby agrees to defend, indemnify and hold the City of Santa Ana and its officers, officials, members, employees, agents and representatives, harmless from and against any and all loss, damage, injury, liability, claim, cost or expense (including, without limitation, reasonable attorneys’ fees, expert witness fees, court costs, and expenses) arising from or attributable to the activities of County or any of its employees, agents, consultants or contractors upon the License Areas pursuant to this Agreement, except for loss, damage, injury, liability, claim, cost or expense arising from the negligence or misconduct of the City, its officers, officials, members, employees, agents, or representatives. All use of and entry upon the License Areas shall be at the sole cost, risk and expense of County. County acknowledges and understands that should this Agreement be deemed by the County of Orange to create a possessory interest subject to property taxation, that County shall be subject to the payment of property taxes levied on such interest, and that it shall defend, indemnify and hold the City of Santa Ana and its officers, officials, members, employees, agents and representatives, harmless from and against any and all such claims.

5. License Fees.

At the time of any permit issuance, all outstanding fees associated with the License processing, improvement plan-check and work permit shall be paid in full by County.

6. Notices.

Any notice to be given by either party shall be deemed to be properly served if deposited with the United States Postal Service, or other acceptable mailing service, postage prepaid, to the addresses below:

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TO CITY:

City of Santa Ana
Clerk of the Council
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702
With a copy to:

City of Santa Ana
Attn: Executive Director of the Public Works
20 Civic Center Plaza (M-21)
Santa Ana, California 92702
TO COUNTY:

County of Orange
Attn: Chief Real Estate Officer
CEO Real Estate
333 W. Santa Ana Blvd., 3rd Floor
Santa Ana, CA 92701
3 W. Santa Ana Blvd.

7. Termination of Occupancy.
a. County accepts the License Areas in an “as is” condition and upon termination or revocation of this License, County shall, at its own cost and expense, remove any improvements installed, as stated below, and maintained by County and surrender possession of the License Areas to the City in good order and repair and as nearly practicable to the state and condition in which it existed prior to the grant of the License, to the satisfaction of City. The County shall not be required to remove its Overhangs from the City’s Street unless the Overhangs substantially interfere with other City related public projects.

8. Miscellaneous.
a. Choice of Law. This Agreement is to be governed by, and construed in accordance with, the laws of the State of California.
b. Remedies. Either party shall, in addition to all other rights provided herein or as may be provided by law, be entitled to the remedies of specific performance and injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary in this Agreement. All rights and remedies under this Agreement are cumulative and no one of them shall be exclusive of any other, and each party shall have the right to pursue any one or all of such rights and remedies or any other remedy which may be provided by law, whether or not stated in this Agreement, except to the extent expressly provided to the contrary in this Agreement.
c. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
d. Non-Liability of Public Officials. No officer, employee, member, agent or representative of City shall be personally liable to County, or any successor in interest, in the event of any default or breach by City, or for any amount which may become due to County or its successor, or for any breach of any obligation of the terms of this Agreement.

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e. Assignment. County shall not record, hypothecate, assign or attempt to record, hypothecate or assign this personal License. Any attempt by County to record, hypothecate, or assign this License shall automatically terminate this License Agreement and render this License void and invalid.
f. Litigation Expenses. If either party to this Agreement commences an action against the other party to this Agreement arising out of or in connection with this Agreement, then each Party shall bear its own costs including but not limited to attorney fees.

IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first set forth above.

City of Santa Ana
ATTEST:

Daisy Gomez
Clerk of the Council
City of Santa Ana
APPROVED AS TO FORM:

Jose Montoya
Assistant City Attorney

CITY OF SANTA ANA
a charter city and municipal corporation
organized and existing under the
Constitution and laws of the State of
California
Kristine Ridge, City Manager
APPROVED AS TO FORM:

Deputy County Counsel
Office of the County Counsel
Orange County, California

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COUNTY OF ORANGE
A political subdivision of the State of
California
Thomas A. Miller, Chief Real Estate Officer
County Executive Office Real Estate

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EXHIBIT A

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:

SEE ATTACHMENT

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Public Works Agency
www.santa-ana.org/pw
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 20, 2022
TOPIC: On-Call Grant Writing Services

AGENDA TITLE
Approve Agreements with Townsend Public Affairs, Inc., Engineering Solutions Services, Inc., and MNS Engineers, Inc. for On-Call Grant Writing Services for a Total Amount Not to Exceed $2,375,000 for up to a Five-Year Term (General and Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute agreements with Townsend Public Affairs, Inc., Engineering Solutions Services, Inc., and MNS Engineers, Inc. to provide on-call grant writing and grant management services for a three-year period beginning September 20, 2022 and expiring September 19, 2025, with provisions for one, two-year renewal period exercisable by the City Manager and City Attorney, with a shared aggregate amount not to exceed of $2,375,000, subject to non-substantive changes approved by the City Manager and the City Attorney.

DISCUSSION
The Public Works Agency’s Water Resources Division oversees and maintains the daily operations of the City’s water and sanitary sewer systems. The water and sewer enterprises are funded through ratepayer revenues which provide for water and sewer system maintenance, enterprise operations, and capital improvements. However, with the amount of grant and low-interest loan funding currently available, it can be fiscally beneficial to pursue outside funding for service improvements, pilot programs, or to simply lower City-funded costs for existing or planned projects. Awarding contracts to the recommended firms will enable the Public Works Agency to utilize professional grant writing and management services to secure additional funding for Public Works projects and programs.

On June 29, 2022, the Public Works Agency issued Request for Proposals (RFP) 22-064 for on-call water, sewer, and public works grant writing services. The RFP was advertised on the City’s online bid management and publication system with bids due on July 25, 2022. System records indicate 10 vendors downloaded proposal files. Six proposals were received and evaluated by a selection committee. Based on the criteria as outlined in the RFP, all of the proposals received were categorized as responsive, and their respective scores are as follows:

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On-Call Grant Writing Services
September 20, 2022

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2 9
6 2

FIRM LOCATION SCORE
Townsend Public Affairs, Inc. Newport Beach, CA 94
Engineering Solutions Services, Inc. Laguna Hills, CA 88 MNS Engineers, Inc. Thousand Oaks, CA 86
California Consulting Services, Inc. El Segundo, CA 70
Global urban Strategies, Inc. Alhambra, CA 66
Attaché Partners Cheney, WA 57
In accordance with the RFP scores, staff recommends entering into agreements with Townsend Public Affairs, Inc., Engineering Solutions Services, Inc., and MNS Engineers, Inc. to provide on-call grant writing and grant management services for the Public Works Agency (Exhibits 1, 2, and 3). The proposals demonstrated high levels of technical competency and experience performing similar services. The proposals contained a clear path toward achieving City goals and objectives as required by the RFP. In addition, Townsend Public Affairs, Inc. and Engineering Solutions Services, Inc. have provided similar services for the City in the past with great success.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

FISCAL IMPACT
Funds are budgeted and available for expenditure in the current fiscal year and will be budgeted in future fiscal years, including the renewal option, based on the needs of the respective Public Works divisions. The following is an estimate of expenditures by fiscal year:

Fiscal Year Accounting Unit
- Account #
Fund
Description
Accounting Unit,
Account Description Amount
Contract (3-Year Term)
2022-23
(Sept-June) 06017645-62300 Water Fund
Water Admin &
Engineering, Contract
Services-Professional
$250,000
2022-23
(Sept-June) 01117651-62320 General
Fund
Park Maintenance
Services
Enhancement,
Contract Services-
Professional
$90,000
2022-23
(Sept-June) 07517100-62300 Fleet
Maintenance
Equip Maint-Garage
Operation, Contract
Services-Professional
$90,000

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On-Call Grant Writing Services
September 20, 2022

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2 9
6 2
Fiscal Year Accounting Unit
- Account #
Fund
Description
Accounting Unit,
Account Description Amount
2023-24 06017645-62300 Water Fund
Water Admin &
Engineering, Contract
Services-Professional
$275,000
2023-24 01117651-62320 General
Fund
Park Maintenance
Service
Enhancement,
Contract Services-
Professional
$100,000
2023-24 07517100-62300 Fleet
Maintenance
Equip Maint-Garage
Operation, Contract
Services-Professional
$100,000
2024-25 06017645-62300 Water Fund
Water Admin &
Engineering, Contract
Services-Professional
$275,000
2024-25 01117651-62320 General
Fund
Park Maintenance
Service
Enhancement,
Contract Services-
Professional
$100,000
2024-25 07517100-62300 Fleet
Maintenance
Equip Maint-Garage
Operation, Contract
Services-Professional
$100,000
Optional Two-Year Extension
2025-26 06017645-62300 Water Fund
Water Admin &
Engineering, Contract
Services-Professional
$275,000
2025-26 01117651-62320 General
Fund
Park Maintenance
Service
Enhancement,
Contract Services-
Professional
$100,000
2025-26 07517100-62300 Fleet
Maintenance
Equip Maint-Garage
Operation, Contract
Services-Professional
$100,000

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On-Call Grant Writing Services
September 20, 2022

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6 2
Fiscal Year Accounting Unit
- Account #
Fund
Description
Accounting Unit,
Account Description Amount
2026-27 06017645-62300 Water Fund
Water Admin &
Engineering, Contract
Services-Professional
$275,000
2026-27 01117651-62320 General
Fund
Park Maintenance
Service
Enhancement,
Contract Services-
Professional
$100,000
2026-27 07517100-62300 Fleet
Maintenance
Equip Maint-Garage
Operation, Contract
Services-Professional
$100,000
2027-28
(July –
Sept)
06017645-62300 Water Fund
Water Admin &
Engineering, Contract
Services-Professional
$25,000
2027-28
(July –
Sept)
01117651-62320 General
Fund
Park Maintenance
Service
Enhancement,
Contract Services-
Professional
$10,000
2027-28
(July –
Sept)
07517100-62300 Fleet
Maintenance
Equip Maint-Garage
Operation, Contract
Services-Professional
$10,000
Total: $2,375,000

EXHIBIT(S)

1. Agreement with Townsend Public Affairs, Inc.

2. Agreement with Engineering Solutions Services, Inc.

3. Agreement with MNS Engineers, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager

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1 AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS TO PROVIDE ON CALL GRANT

WRITING SERVICES

THIS AGREEMENT is made and entered into this 20th day of September 2022 by and between Townsend Public Affairs, Inc., a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS

A. On June 29, 2022, the City issued Request for Proposal No. 22 -064, by which it sought a consultant having special skill and knowledge in the field of Water, Sewer and Public Works grant writing services.

B. Consultant submitted a responsive proposal that was among those selected by the City.

Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 22-064.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES

Consultant shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequ ately complete the services described in RFP No. 22-064, which is attached as Exhibit A, and as more specifically delineated in Consultant’s proposal, which is attached as Exhibit B and incorporated in full.

2. COMPENSATION

a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit C. Consultant is one of three (3) consultants selected to provide grant writing services on an on-call basis under RFP 22- 064. The total compensation for these services provided by all such contracts selected under RFP 22 -064 shall not exceed the shared aggregate amount of Two Million, Three Hundred Seventy-Five Thousand Dollars and Zero Cents ($2,375,000) during the term of the Agreement, including any extension periods.

b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals

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2 and Scope of Work, which may reasonably be expected by City.

3. TERM

This Agreement shall commence on the date first written above and terminate on September 19, 2025, unless terminated earlier in accordance with Section 1 7, below. The term of this Agreement may be extended for one (1) two-year period upon a writing executed by the City Manager and City Attorney.

4. PREVAILING WAGES

Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,00 0 or more, Consultant agrees to fully comply with such Prevailing Wage Laws.

Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failu re or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONSULTANT

Consultant shall, during the entire term of this Agreement, be construed to be an independent consultant and not an employee of the City. This Agreement is not in tended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social sec urity taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS

This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but n ot limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all sub consultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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3 7. INSURANCE

Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:

a. Minimum Scope and Limit of Insurance

1. Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability : ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation : as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability: if Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate.

5. Broader Coverage: i f the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

b. Other Insurance Provisions

1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

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4 2. Primary Coverage: For any claims related to this contract, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or sel f-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

7. Claims Made Policies (applicable only to professional liability):

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

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5 8. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

9. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirement s stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors.

10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

8. INDEMNIFICATION

Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceed ing. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to t he negligence, recklessness, or willful misconduct of the Consultant.

9. INTELLECTUAL PROPERTY INDEMNIFICATION

Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives,

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6 and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

10. RECORDS

Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours.

Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

11. CONFIDENTIALITY

If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable ca re. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclos ed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed b y the Consultant without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE

13. NOTICE

Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by fi rst class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City: Clerk of the City Council

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7 City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988

Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702

To Consultant: Townsend Public Affairs, Inc.

Attn: Christopher Townsend, President
1401 Dove Street, Suite 330
Newport Beach, CA 92660

A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For pur poses of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

14. EXCLUSIVITY AND AMENDMENT

This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all othe r agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument sign ed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obl igate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.

15. ASSIGNMENT

Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. N othing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City

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8 personnel or by other Consultants retained by City.

16. WAIVER

No waiver of breach, failure of a ny condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

17. TERMINATION

This Agreement may be terminated by the City upon thirty (30) days written notice of termination.

In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:

18. NON-DISCRIMINATION

Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

19. JURISDICTION-VENUE

This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or pr oceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

20. PROFESSIONAL LICENSES

Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemp tions necessary for the provision of the services hereunder and

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9 required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

21. MISCELLANEOUS PROVISIONS

a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.

b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA

________________________ _________________________
Kristine Ridge
Clerk of the Council City Manager

APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO
City Attorney

By: _____________________ ____________________________ Brandon Salvatierra Name:

Deputy City Attorney Title:

RECOMMENDED FOR APPROVAL

____________________________
Nabil Saba, P.E.

Executive Director
Public Works Agency
Christopher Townsend
President

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EXHIBIT A

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City of Santa Ana RFP 22-064

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Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

WATER, SEWER AND PUBLIC WORKS PROGRAMS GRANT WRITING SERVICES RFP NO.: 22-064

Introduction and Background:

The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.5 square miles and a population of over 335,000 people.

The City of Santa Ana Public Works Agency is soliciting proposals from professional firms for grant writing services. The primary emphasis will be seeking grant related funds for Water and Sewer programs all other programs will be secondary.

In the past the City has utilized professional grant writing consulting firms on as needed basis to meet the goals and objectives of the City. The goals of this proposal for consulting services are to identify areas of funding needs, grant research and funding, development, and grant program administration and delivery to the City’s Public Works Agency.

In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide grant writing services. This request for proposal (RFP) provides interested qualified firms with the information enabling them to submit a Service Bid Proposal and to provide the services described herein.

Description of Work:

The Consultant/s will seek funding opportunities primarily for water and sewer programs, secondarily for all other programs with an emphasis on securing funds for capital projects. The selected consultants are expected to search for relevant grant opportunities and inform the City of their applicability. When relevant grant opportunities are identified and approval to proceed is granted by City, the consulting firm shall prepare the necessary grant application documents and submit grant applications on behalf of the City for approval or fully support the City in applying.

All the work shall be coordinated with Public Works Agency personnel. The successful firm(s) shall have experience in grant writing, grant program development and administration for Federal, State, and Local entities including and not limited to:

• US Department of Commerce- Economic Development Administration (Public Works and EAA programs)
• US Department of Housing and Urban Development (CDBG) • US Department of Interior-Bureau of Reclamation
• California Department of Water Resources

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• California Water Quality Control Board
• California Water Resources Control Board
• Air Quality Management District (AQMD)
• Mobile Source Air Pollution Reduction Review Committee (MSRC) • State of California Department of Parks and Recreation; various programs and Bond Acts (Office of Grants and Local Services OGALS)
• State of California Natural Resources Agency
• State of California Coastal Conservancy

The funding sought is intended to support contemplated programs for, among other things:
• Recycled water
• Infrastructure replacement
• A utomated Metering Infrastructure
• Green infrastructure/solar panels
• Conservation/outreach enhancements
• Sewer septic tank removals/conversions
• Alternative (RNG/CNG/Propane) fuel vehicles/infrastructure • EV charger infrastructure
• Park Land Acquisitions
• Park Development (Capital Improvements)
• Park Deferred Maintenance Projects

The following are typical service and or items that the successful Consultant(s) will be required to provide for the City of Santa Ana.

Funding Needs Analysis – Conduc
t current funding priority needs analysis and identify new priority areas for funding in conjunction with Staff.

Outside Funding/On-Ca ll Research – Conduct research and identify third-party funding sources that support the Public Works Agency, funding needs and priorities. This scope includes researching grant opportunities independently as well as any identified by the City.

Funding Proposal Development – Pr
ovide proposal writing associated with funding applications on behalf of the City of Santa Ana, including the preparation of funding abstracts, production and submittal of applications to funding sources. The City understands that many applications require technical details,. City staff will provide technical data as necessary but it is expected that the consultant(s) will perform the majority of work required to generate funding applications. Once applications are finalized, consultant will provide a copy of each application package for funding to the City prior to submittal and review the package with City staff.

Program Administration and Delivery –
The Consultant(s) will be required to provide grant
administration and coordination services as part of this proposal including, but not limited to , coordinating with City staff to provide expenditure reports and submit reimbursement requests, preparing Resolutions and Staff Reports for City Council consideration, coordinating with funding sources’ staff, and submitting periodic status update reports to City.

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On a monthly basis , the Consultant(s) shall provide the City summaries of potential funding opportunities. The summaries shall include, but not limited to the name of the funding agency, due dates for applications, eligibility, and program summary and funding level available.

City Responsibilities:

The City will provide information in its possession relevant to the preparation of the required information in the RFP. Availability of staff time to assist with the preparation of grant application documents is limited. Selected consultant is expected to perform a substantial amount of research and data gathering independently. City staff will provide system information and data as available in an effort to develop the best grant application package possible.

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EXHIBIT B

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Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 1

TABLE OF CONTENTS

Proposal for
Water, Sewer, and Public Works
Grant Writing Services

July 25, 2022

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TABLE OF CONTENTS

Table of Contents ................................ ................................ ................................ ........................ 1

1. Statement of Qualifications ................................ ................................ .............................. 2

a) Cover Letter ................................ ................................ ................................ ......... 2

b) Agreement Statement ................................ ................................ .......................... 3

c) Understanding of Need ................................ ................................ ........................ 3

d) Firm and Team Experience ................................ ................................ .................. 9

e) Relevant Project Experience ................................ ................................ .............. 16

f) Schedule ................................ ................................ ................................ ............ 20

g) References ................................ ................................ ................................ ........ 21

2. Scope of Services & Schedule ................................ ................................ ...................... 22

3. Fee Proposal ................................ ................................ ................... Submitted Separately

4. Certifications................................ ................................ ................................ .................. 31

Attachment 3-1: Non-Collusion Affidavit ................................ ................................ ........ 31

Attachment 3-2: Non-Lobbying Certification ................................ ................................ .. 32

Attachment 3-3: Non-Discrimination Certification ................................ ........................... 33

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1. STATEMENT OF QUALIFICATIONS

A. COVER LETTER

July 25, 2022

Kathia Reyes, Project Manager
Santa Ana Public Works Agency
220 S. Daisy Street, 1st Floor
Santa Ana, CA 92703

Dear Ms. Reyes:

Thank you for the opportunity for Townsend Public Affairs, Inc. (“TPA”) to submit our proposal for Grant Writing Services to the City of Santa Ana Public Works Agency (“Agency”). We have been proud to work with the Agency for the last several years and have been successful in securing $4 million for the Agency.

Since its inception in 1998, TPA has earned the reputation as Champions for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission.

Our strategic approach to advocacy and funding is tailored to meet the individual needs of each client by leveraging the breadth and depth of our team as well as our vast network of relationships with key stakeholders and decision makers.

Utilizing this method on behalf of our clients, TPA has shepherded over 100 legislative and regulatory proposals into law, and secured over $ 2.3 billion in grants from state, federal, and local government agencies as well as nonprofit foundations and private companies.

Thank you again for your interest in our firm and your consideration of this proposal. Please contact us if you have any questions or need additional information. We would be honored to serve the Santa Ana Public Works Agency.

Yours truly,

Christopher Townsend
President*

*Authorized to bind the firm

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1. STATEMENT OF QUALIFICATIONS
B. AGREEMENT STATEMENT

TPA concurs with the provisions contained within the standard agreement attached as Attachment 2 in the Appendix of the RFP and is prepared to enter into agreement under those terms.

C. UNDERSTANDING OF NEED

TPA has been proud to work with the Agency for the last five years to identify creative funding solutions for the Agency’s priority projects. TPA has been successful in securing $4 million for the Agency for advanced metering infrastructure and is prepared to continue to work with the Agency on a variety of water and energy projects that will help create a more sustainable Santa Ana.

The majority of the Agency’s potable water comes from an underground basin and is pumped through 21 existing wells to serve about 44,500 water accounts. Given the limited water supplies in the region, recent reoccurring droughts, and the previous contamination levels, the Agency has needs for a new groundwater well, expansion of the recycled water system to add additional distribution infrastructure and new connections, and PFAS clean-up projects. TPA is prepared to continue to work with the Agency to identify grant funding opportunities as well as legislative directed opportunities to improve overall water system reliability and reduce the burden on other water production facilities, including on imported water.

In addition, the Agency has several energy related projects including an expansion of the natural gas fuel station at the City Yard, incorporation of hydro -electric generation and battery storage, and the design and construction of solar parking lot canopies with electric vehicle chargers.

TPA believes that funding success for our clients requires much more than simply reacting to existing grant programs when they are announced. TPA believes that maximum funding success for our clients requires aggressive PROACTIVE strategy and effort to CREATE new funding opportunities via budget earmarks or grant programs that are tailored to ensure eligibility and maximum competitiveness for client projects.

Therefore, in order to successfully pursue the Agency’s funding needs, TPA strongly suggests the Agency utilizes the following approach to generate and secure additional funding beyond the opportunities identified in traditional grant programs. While these activities are above and beyond the typical grant writing scope of work, TPA believes a creative funding advocacy component is critical to maximize funding success for the Agency.

State Budget Opportunities: TPA has worked with several municipal clients to secure project funding in the State Budget through legislative -directed grants, also referred to as “earmarks” .

This has led to success for the Santa Ana Public Works Agency, which received a direct project allocation in the form of a $4 million earmark for Advanced Water Metering Infrastructure. Looking forward to future budget cycles, earmarks are likely to be included in the State’s 2023-24 budget cycle. TPA will work with the Agency to identify priority projects and leverage legislative connections to advocate for this funding in upcoming budget cycles.

In addition to project specific funding, current opportunities in Sacramento include $2.7 billion in new water drought funding that was included in the Fiscal Year 2022 budget that will need to be allocated in early August . That funding will likely replenish existing programs that will fund recycled water, habitat restoration, and drought relief, and could provide additional funding opportunities for Agency projects.

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State Bond Legislation : Since its establishment in 1998, TPA has participated in the development and implementation of many California legislative propositions to provide capital funding for a wide variety of infrastructure projects, including water, natural resources, parks and recreation, transportation, education, and cultural and historical resources in the following bonds: 13, 40, 50, 84, and 1.

TPA worked closely with the Senate and Assembly leaders, staff, and stakeholders on the drafting of park bond legislation for the June 2018 statewide ballot, which was eventually passed by voters and implemented Proposition 68. Proposition 68 authorized $4.1 billion for the Legislature to appropriate to various state and local agencies to fund a variety of capital projects. $2.5 billion of the total amount of the bond funds park and open space related projects, while the remaining $1.5 billion funds a variety of water development programs.

By using a holistic approach targeted at exploring all channels of funding advocacy, TPA worked with relevant state agencies to develop guidelines for park and water bond grant programs to ensure that language is included so that client projects are eligible and competitive. TPA was successful in creating and directing funding in Proposition 68 to align with client projects and priorities that ultimately resulted in the funding of legacy infrastructure projects.

Federal Infrastructure Legislation: At the federal level, in addition to funding programs that the Agency is already familiar with including the WaterSMART Water and Energy Grant Program (WEEG) and Drought Resiliency Program, there are new opportunities that have been created through the Bipartisan Infrastructure Law (BIL) that was recently signed into law by President Biden.

These new federal opportunities include $9 billion in dedicated funding for remediation of emerging contaminants in water supplies, including PFAS. $4 billion of these funds are distributed through the States’ various State Revolving Fund programs. California’s share of these funds will be distributed through the State’s Drinking Water State Revolving Fund (DWSRF), which is administered by the State Water Resources Control Board. TPA is uniquely positioned to pursue these funds given our extensive relationships in Sacramento as well as Washington, D.C. For water recycling there is a dramatically expanded water recycling program administered by the U.S. Bureau of Reclamation that provides $1 billion for projects that reclaim or reuse municipal, industrial, and agricultural wastewater. This program could be a unique opportunity to expand the Agency’s recycled water system.

The BIL also includes a large focus on energy and electric vehicle infrastructure. The primary program for electric vehicle infrastructure is the National Electric Vehicle Infrastructure Formula Program (NEVI) which will allocate $5 billion over the course of the next five years to build out electric vehicle charging infrastructure on both public and private land. An additional $2.5 billion is being allocated through discretionary grant programs along highway corridors and in communities to expand the nation’s electric vehicle charging infrastructure.

TPA will utilize the following strategic and comprehensive approach to provide grant funding services to the Agency:

• Conduct Detailed Orientation: TPA utilizes a comprehensive onboarding process that includes extensive meetings with various relevan t members of Agency leadership and key Agency departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the Agency, as well as designed for maximum success in the current political climate and funding environment.

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• Craft Strategic Funding Plan: Utilizing the information gathered during the onboarding process, TPA will coordinate with the Agency to develop a proactive and comprehensive strategic funding plan that serves the needs of the Agency’s priorities. The plan will do more than simply identify Agency projects; it will outline and prioritize multiple funding options for each project, and develop a specific plan of work tailored for each project. It will also identify key “strings attached” to help assess the cost/benefit ratio for each grant opportunity. Funding opportunities will have in mind the Agency’s priority projects, such as infrastructure replacement, green infrastructure, park land acqu isitions, recycled water programs, EV charging infrastructure, sewer septic tank removals/conversions, and more.

• Identify, Research, and Monitor Grant Funding Opportunities: TPA will utilize list -serve subscription programs, funding workshops, agency canvassing, and other networking tactics to ensure every potential opportunity is identified and reviewed for relevance with the Agency’s projects. TPA will then share these opportunities with the Agency for further assessment and determination if a grant application is warranted. The Agency will also receive a grant matrix of funding programs that is updated regularly as new opportunities arise , which will identify funding opportunities from state and federal agencies such as the US Department of Interior- Bureau of Reclamation, the California Natural Resources Agency, the California Water Quality Control Board, and others.

• Grant Application Development and Submittal: TPA will develop, draft, submit, and follow up on each Agency grant application through the following process:

o Establishment of Clear Accountabilities: TPA will coordinate with the Agency to ensure the assignment of responsibilities and tasks are made clear so that confusion and inefficiency are avoided and the Agency is burdened as little as possible while TPA pursues a grant opportunity.

o Provide Overview of Full Application Requirements: For each grant application, TPA will provide the Agency with a detailed overview of the requirements for the grant program and corresponding application to ensure that the program is a strong fit for the Agency’s project. This will include:
▪ Application timeline
▪ Eligible project types
▪ Funding availability and award maximum and minimums
▪ List of application components, including proposal questions and any required attachments

o Assemble Project Background and Details: TPA will conduct a detailed informational interview with Agency staff most involved with each pro ject in order to gain a full understanding of the project background and scope details necessary for developing the grant proposal and addressing all application questions.

o Coordinate Technical Project Details : For technical application components such as site plans, detailed cost estimates, project timelines, engineering plans, and cost-benefit analyses, TPA will coordinate with Agency staff to compile all necessary attachments and ensure consistency across all elements of the application.

o Draft Written Proposal: TPA will fully draft all narrative components of the application and, when applicable, will indicate where additional input or project detail from the Agency could be provided during the proposal review process.

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1. STATEMENT OF QUALIFICATIONS

o Incorporate Feedback to Finalize Proposal: Well ahead the of the application deadline, TPA will provide the Agency with a full draft for review and feedback. TPA will incorporate any additional details or revisions provided during this process to finalize the grant application and will obtain Agency approval for the final version of the application prior to submission.

o Submit Completed Application: TPA will ensure that applications are submitted prior to the deadline, whether the submission is electronic or through hard copies, in accordance with submission instructions for each individual program. For hard copy submissions, TPA will print and package applications according to submission instructions and will ship applications through a reliable carrier service such as FedEx in order to provide the Agency with tracking and delivery confirmation for the application. TPA will also obtain a receipt for proof of submission and provide the Agency with a final copy of all submitted application documents.

o Funding Advocacy: Throughout grant application process TP A will leverage relationships with relevant officials and program officers in various state and federal funding agencies to ensure that Agency grant applications are aligned with the goals of the specific grant program and that the applications are well -crafted and well-positioned for funding.

o State Budget Funding Opportunities: In an effort to maximize state funding, TPA will work with the Agency to identify projects and other funding priorities that may be suitable for funding through the State Budget. TPA will coordinate with the Agency to develop supporting materials for the budget request. TPA will also work with members of the Agency’s state legislative delegation, along with the Assembly and Senate Budget Committees, to gain support for the inclusio n of the Agency’s project in the final State Budget approved by the Legislature.

o Federal Earmark Opportunities: In an effort to maximize federal funding, TPA will work with the Agency to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process. TPA will coordinate with the Agency to develop supporting materials for the earmark request. TPA will also work with members of the Agency’s federal legislative delegation to gain support for the inclusion of the Agency’s project. TPA will strate gize with the Agency to identify priority projects and transform them into appropriations requests. TPA will then work closely and diligently with Members of Congress and the U.S. Senate (and their staff), the appropriations committees, the President’s administration, and other key stakeholders to ensure projects are included in the final appropriations legislation.

• Post-Grant Submittal Advocacy: TPA will frequently contact legislators and agency officials to follow up on the status of a grant application and promote its need and urgency. This will include drafting letters of support after grant submissions and distributing them to legislators for their consideration. In addition, TPA will work with legislators to reach out to individual granting agencies to provide background on Agency’s projects and convey their support for those projects.

• Post-Award Grant Administration and Compliance: TPA will also assist, as needed, with post-award administration and compliance for all grant applications submitted by TPA on behalf of the Agency. This assistance will include interacting with granting agencies on behalf

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1. STATEMENT OF QUALIFICATIONS
of the Agency, providing support for the dr afting and submission of required reports, evaluations, and other tasks related to the successful monitoring of and compliance with the program requirements.

• Comprehensive Follow-Up on Unsuccessful Applications: Despite all best efforts, some grant applications are not selected for funding. In those instances where grant applications are unsuccessful, TPA will work with the relevant state and federal funding agencies to set up in-person or telephone debriefing sessions to discuss the grant applications and how to best revise the grant applications for the next funding round to ensure success.

• Provide Monthly Progress Reports: TPA will confer regularly with the Agency on our activities. TPA will provide timely electronic monthly reports on the status of all funding activity, such current funding opportunities, current applications, submitted applications, and post - grant submittal advocacy. In addition to written reports, TPA will be available to the Agency for conference calls, in-person briefings, and meetings.

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1. STATEMENT OF QUALIFICATIONS

GRANT FUNDING ACHIEVEMENTS

This table provides an overview of our grant funding achievements on behalf of our clients from state, federal, and local government agencies as well as private and nonprofit grant programs.

These amounts represent grants secured through a competitive and/or legislative process and do NOT include any funds awarded to clients via formulas or related forms of funding entitlements.

Policy Sector State Funding Federal Funding All Sources Water and Sanitation $128.9 Million $8.7 Million $137.6 Million Transportation $568.7 Million $131.3 Million $700 Million Education $248.0 Million $46.8Million $294.8 Million
Parks and
Recreation $154.7 Million $30.1 Million $184.85 Million Cultural Resources $120.0 Million $10.3 Million $130.3 Million Housing and
Development $696.6 Million $14.2 Million $710.8 Million Public Safety $106.5 Million $66.7 Million $173.2 Million TOTAL $2.023 Billion $308.1 Million $2.331 Billion

A DETAILED 20-PAGE SCHEDULE OF OUR STATE, FEDERAL, AND LOCAL GRANT

FUNDING ACHIEVEMENTS CAN BE PROVIDED UPON REQUEST

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1. STATEMENT OF QUALIFICATIONS
D. FIRM AND TEAM EXPERIENCE

With a team of 14 registered state and federal grant writers, TPA has the breadth and depth of experience AND the ability to deploy as many grant writers as needed to maximize success for the Agency while minimizing the burden on Agency staff. TPA will rely on Agency staff to provide technical project information, appropriations process details, and project timeline information as appropriate. TPA is prepared to draft all briefing materials, funding requests, and grant applications.

The project manager, Vice President Cori Takkinen, will oversee the proposed team for the project to ensure the proposed work for this project is within the time limits of the grant program, considering the team’s current workload. TPA Grants Manager Alex Gibbs and Senior Associate Christine Rose will assist in grant writing and drafting technical narrative, while providing support to Cori and working directly with the Agency on grant applications and appropriations requests.

TPA Deputy Director Eric O’Donnell will work with the Grant Writing Team to provide feedback, identify funding opportunities, and ensure that all funding avenues, including legislative and regulatory, are explored.

The proposed team will also be supported by an additional nine (9) TPA grant writing specialists and funding advocates . TPA President Christopher Townsend will personally engage in the project to adjust internal workloads in order to ensure quality control of all deliverables. TPA does NOT propose utilizing subconsultants or third-party vendors to complete the scope of work.

The proposed team for this engagement will be structured in the following way. Resumes for each member of the proposed project team can be found on the following pages.

Cori Takkinen
Vice President
Funding Advocate/Project
Manager
Christine Rose
Senior Associate
Grant Writer
Alex Gibbs
Grants Manager
Grant Writer/Funding
Advocate
Eric O'Donnell
Deputy Director
Funding Advocate
Ben Goldeen
Federal Adocacy Manager
Funding Advocate
Christopher
Townsend
President
Strategic Advisor

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1. STATEMENT OF QUALIFICATIONS
Christopher Townsend, President: Christopher founded TPA in 1998 and has 40 years of experience in public affairs, legislative advocacy, and grant writing. Christopher and TPA have represented over 315 clients, including 235 local public agencies, such as cities, counties, transportation agencies, water and sanitation districts, elementary and secondary school districts, community college districts, park and recreation districts, and other special districts, as well as nonprofit organizations.

Christopher provides leadership to a team of 13 advocates and grant writers while managing the development and implementation of strategies for the agendas of each client. His achievements include:

• Under Christopher’s leadership, TPA has become one of the most successful advocacy firms in California (representing more California public agencies in Washington, DC than any other firm) while providing the personalized attention and focus of a small boutique firm.

• Christopher and his team have secured over $2.2 billion in local, regional, state, and federal government grants as well as nonprofit and private grants for a multitude of legacy projects in the policy sectors of water and sanitation, transportation, housing and economic development, parks and natural resource s, historical and cultural resources, public safety, and education.

• Christopher and his team have shepherded over 100 legislative proposals into law over a wide range of policy areas, including local governance, water, sanitation, transportation, housing and economic development, parks, natural resources, historical and cultural facilities, public safety, higher education, and K-12 education. The bipartisan capabilities of the firm are evidenced by legislative and funding successes over the tenure of several federal and state administrations, including: Presidents Bill Clinton, George W. Bush, Barack Obama, Donald Trump, and Governors Pete Wilson, Gray Davis, Arnold Schwarzenegger, Jerry Brown, and Gavin Newsom.

• Maintains close bi -partisan relationships with several members of the California Congressional delegation, including Senators Feinstein and Padilla, and Representatives Torres, Lowenthal, Porter, Levin, Correa, Lee, Swalwell, Napolitano, Garamendi, Carbajal, Desaulnier, Sanchez, Lieu, Harder, McNerney, Calvert, Garcia, Steel, and Kim.

• Christopher and TPA have secured over $119 million in funding for museums, science centers, cultural facilities, and at-risk youth programs from various state, federal, and local funding sources, including: Federal D epartment of Energy, National Aeronautics and Space Administration, Federal Department of Transportation, Institute of Library and Museum Services, California Cultural and Historical Endowment, California Department of Parks and Recreation, County of Los Angeles, County of Orange, City of Los Angeles, Orange County Water District, Municipal Water District of Orange County, and Children and Family Commissions of Los Angeles and Orange County.

Prior to TPA, Christopher served as a Senior Director of Government and Community Affairs for PepsiCo, Inc. and Vice President of Public Affairs for Stein -Brief Group, Inc., a major land developer in Southern California.

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Cori Takkinen, Vice President: Cori brings 13 years of legislative advocacy and public policy experience to TPA. Cori has extensive experience writing grants for various local, regional, state, and federal opportunities. Cori has expertise in the policy sectors of local governance, transportation, water resources, infrastructure, sanitation, parks and recreation, and economic development.

Townsend Public Affairs, Inc.

Vice President 2011-Present

Throughout her tenure at TPA, Cori has been responsible for securing millions in competitive grant funds for local public agency clients. In addition to her expertise on municipal issues, Cori has strong experience building coalitions, identifying synergi es, and leveraging all available opportunities to achieve success. Cori has a strong network of relationships with State and Federal Legislators, key staff, and various funding agencies, including the California State Department of Parks and Recreation, the Natural Resources Agency, and the California Coastal Conservancy. Some of Cori’s accomplishments include the following:

• Cori worked with the City of Santa Ana to secure a direct funding allocation in the FY 2018 -19 State Budget in the amou nt of $4 million to upgrade water infrastructure within the City. TPA worked with the City’s legislative delegation, staff from the Assembly and Senate Budget Committees, and the Department of Finance to ensure funding was included in the State Budget for this critical project to allow the City’s water customers to have real -time access to their water usage, which will help facilitate water conservation and reduce customers’ utility bills.

• Leveraging relationships with the California Federal delegation, Cori currently has over $25 million in Community Project Funding (or earmarks) included in the nine appropriations bills that have passed the House.

• In the FY 2021-22 State Budget, Cori worked with several municipal and nonprofit clients to secure $54 million in budget earmarks for priority projects, including funding for infrastructure improvements, parks and trails improvements. mental health, and public safety,

• Cori worked with the Orange County Water District and the Orange County Sanitation District to sponsor AB 2022 (Gordon). The bill allowed for limited bottling of the highly treated and recycled GWRS water for educational purposes. The bill was the first legislation in the nation that allowed for the direct bottling of advanced treated recycled water. TPA secured bi-partisan support for the legislation and it was signed into law.

• Worked closely with the State Legislature and Administration on the development and implementation of Proposition 68, the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018. Cori worked in support of a variety of clients to create specific funding opportunities to achieve desired results. In addition to securing funding opportunities for municipalities, Cori’s efforts with Proposition 68 resulted in $4.8 million to fund a conservation program at West Coyote Hills in Fullerton as well as $3.46 million to fund science education at the Discovery Cube Orange County.

Prior to join ing TPA, Cori worked as a Policy Advisor for then-Orange County S upervisor John Moorlach. Cori holds a Bachelor of Arts in Economics and Government wit h Leadership Sequence from Claremont McKenna College and a Masters in Public Administration from Chapman University.

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Alex Gibbs, Grant Manager: Alex brings ten years of public policy and legislative advocacy experience to TPA. Alex has four years of experience working for the State Legislature analyzing researching, writing, and shepherding bills through the legislative process. Alex has also secured significant grant funding for clients throughout California. Alex has expertise in the policy sectors of parks and recreation, local governance, public safety, transportation, cap and trade, and labor relations.

Townsend Public Affairs, Inc.

Grants Manager 2014-Present

During his tenure at TPA, Alex has been responsible for securing millions in competitive grant funds at the private, state, and federal levels for local public agency clients. In addition to his expertise on parks and recreation, transportation, and public safety, Alex has a strong network of relationships with State Legislators and key staff, as well as various state departments and agencies. Some of his accomplishments include:

• Alex worked closely with the City of Oakland staff to secure $10,801,183 in grant funding from the Clean CA Local Grant Program. Alex leveraged relationships with the California Department of Transportation and the City’s legislative delegation to successfully advocate for two funded projects. This funding helped the City of Oakla nd conduct the Courtland Creek Restoration Project, as well as the Oakland Mini Parks Beautification Project, both of which provided significant remediation and beautification of public resources for local residents.

• Alex led a team of Kern County staff through the application process to secure $6,515,000 in grant funding from the Prop 68 Statewide Parks Program (Round 4). This funded the South Kern Lamont Park Project which provided much needed renovations to an existing park in the community of Lamont, despite grant program guidelines which provided preferences for the construction of new parks.

• Alex collaborated with state Natural Resources Agency staff to secure a $3,086,000 Urban Greening Grant for the Desert Recreation District. This funded the construction of a new park and sports complex in unincorporated Riverside County. Alex then continued to work with the District on grant administration, ensuring the client was able to see the completion of their legacy project, that had been years in the making.

• Alex collaborated with state and federal Land and Water Conservation Fund staff to secure a $750,000 grant for the City of Imperial. This funded the construction of a 300 plus acre regional park and equestrian center. Alex then continued to work with the City on grant administration, ensuring the client was given the appropriate time to meet deadlines and retain their funding.

California State Senate
Legislative Aide 2012-2014

Alex worked as a member of the Eighth Senate District’s legislative team representing San Francisco and San Mateo Counties. Alex’s primary responsibilities included monitoring, reviewing, and making recommendations on legislation passing through the Senator’s committee’s as well as bills of interest to the District. Alex annually carried a bill package through the legislative process and assisted with problem bills that required more support. Alex consistently had one of the highest numbers of bills signed into law of any senate staffer.

University of San Francisco, CA
Bachelor of Arts, Politics 2011

City Council
20 –
31 9/20/2022

Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 13

1. STATEMENT OF QUALIFICATIONS
Eric O’Donnell, Deputy Director: Eric brings seven years of experience in local governance and grant writing to TPA. Eric has been responsible for major grant awards on behalf of public agency clients. Eric has a strong network with both staff and members of the state and federal legislatures as well as relationshi ps with local Southern California municipalities. Eric has expertise in the policy sectors of wastewater, water resources, natural resources, local governance, parks and recreation, and transportation.

Townsend Public Affairs, Inc.

Deputy Director 2015-Present

Since joining TPA, Eric has worked with numerous public agencies to secure grant funding for water and sanitation policy and infrastructure, natural resources, and parks and recreation. Some of his accomplishments include:

• Eric worked with the Orange County Sanitation District to secure a $1 million grant award from the Department of Water Resources’ Integrated Regional Water Management Grant Program to replace a critical sewer line. Eric worked closely with staff at the Orange County Sanitation District, the Department of Water Resources, and the Sa nta Ana Watershed Project Authority throughout the development and implementation of the grant program.

• Eric helped the East Orange County Water District secure a $500,000 grant from the Drought Response Program, administered by the U.S. Bureau of Reclamation. The funding allowed East Orange County Water District to construct a new drinking water well in order to provide safe, clean, and affordable drinking water to the District's retail customers. Due to the prevalence of PFAS/PFOA in existing groundwater resources, the District needed new sources of reliable and affordable drinking water.

• Eric was critical in facilitating a resolution to a Redevelopment Dissolution related issue for the City of Stanton that resulted in the City receiving over $2.1 million in loan repayment. Eric worked closely with the City, the City's legislative delegation, and executive staff from the Department of Finance to identify a solution. The favorable resolution resulted in the Department of Finance approving a previously denied line it em on the City’s Recognized Obligation Payments Schedule (ROPS), thus awarding the City a loan repayment.

• Possesses Drinking Water Distribution Operator (D1) and Drinking Water Treatment Operator (T1) certifications from the State Water Resources Control Board.

City of Brea
Community Services Senior Leader 2009-2015

Chapman University, Orange, CA
Masters of Public Administration 2020

California State University, Fullerton
Bachelor of Arts, Business Administration, General Management 2014

City Council
20 –
32 9/20/2022

Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 14

1. STATEMENT OF QUALIFICATIONS

Ben Goldeen, Federal Advocacy Manager : Ben brings 12 years of federal legislative, funding, and public policy experience. Ben has experience managing legislative activity, including bill analysis, research, and drafting particularly for federal funding opportunities. Ben has expertise in several policy sectors in cluding water resources, healthcare, housing, environmental hazards, agriculture, foreign affairs, and resources for veterans.

Townsend Public Affairs, Inc.

Federal Advocacy Manager 2021-Present

Since joining TPA, Ben keeps clients informed of significant actions and pertinent developments in the federal government and strategizes on ways in which to influence and enact changes in Washington, DC that have concrete results for clients. Some of Ben’s accomplishments include:

• Ben worked with Oakland City staff to develop, prepare, and execute a strategic plan to support the City’s FY21 RAISE grant application. This highly competitive federal grant opportunity administered by the U.S. Department of Transportation formed a key component of the City’s TOWN For All initiative to reconnect the City’s waterfront neighborhoods. The strategy entailed gathering support from key stakeholders in a way especially tailored to the current Administration’s priorities, maximizing the application’s chances of success. In addition to tailoring a message, TPA planned advocacy that leveraged the City’s strengths during the grant review process. The culmination of this process was the award of more than $14.5 million in federal RASIE funds for the City’s TOWN For All project. In the FY21 RAISE cycle Oakland was one of only four jurisdictions in the State of California to receive a RAISE grant.

• Ben’s nearly seven years working for members of California’s Congressional Delegation has led to an extensive network of relationships both on Capitol Hill and within federal agencies.

His understanding of the regional and political dynamics of the Californ ia Congressional delegation and their interactions with other members of the House and Senate are important to successfully advocating for California-based clients.

• Ben has first -hand knowledge of the current federal appropriations process, including community project funding requests. This process differs from the pre-2011 earmark process and an understanding of the need to balance transparency and politics to submit a competitive request is key. Ben has utilized his experience to successfully assist clients secure millions of dollars’ worth of earmarks.

• Ben has identified new and previously -underutilized federal grants for the benefit of TPA clients. He has leveraged his relationships with key grant officials at various federal agencies to ascertain their specific priorities and buzz words required for successful grant applications.

Ben then leverages that information to help TPA federal clients develop and submit m ore competitive federal grant applic ations and then provide more effective tailored advocacy to secure funding awards.

Prior to joining TPA, Ben was a Legislative Director for Congressional Representative Jim Costa and a Legislative Assistant for Representative Dennis Cardoza. He holds a Bachelor in Arts in Political Science and Latin American Studies from Boston College and a Certificate in Community Development and Growth from the University of Pennsylvania.

City Council
20 –
33 9/20/2022

Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 15

1. STATEMENT OF QUALIFICATIONS
Christine Rose, Senior Associate: Christine brings a variety of experience and knowledge to TPA, including five years of experience in public policy and four years of experience in higher education. Christine has grant writing experience in areas such as education, cultural resources, public health, and transportation.

Townsend Public Affairs, Inc.

Senior Associate 2022 – Present

Since joining TPA, Christine has worked with clients to identify their funding needs and develop competitive proposals. She has identified new and strategic funding resources, bringing her clients’ proposals from idea to reality. Her work includes:

• Christine works to create accessible grant writing and development tools for clients such as grant tracking matrices and application breakdowns. These tools allow clients to access key strategic funding opportunities, develop comprehensive and competitive proposals, and ultimately secure grant funding.

• Christine works closely with clients to unders tand and meet their funding goals. Her collaboration with clients allows her to craft persuasive narratives and strong grant proposals.

She is always researching and identifying new funding opportunities that fit the goals and objectives of her clients.

California State Assembly
Legislative Director 2018 – 2022

Christine worked as the lead member of the Twenty -third Assembly District’s legislative team representing portions of Fresno and Tulare Counties. Her primary responsibilities included crafting the Assembly member’s legislative package and shepherding all bills through the legislative process, as well as identifying budget priorities and staffing those requests. Christine was responsible for monitoring all legislation passing through the Member’s committees and the Assembly Floor, analyzing each bill and making an appropriate recommendation. She had numerous bills signed into law and multiple budget requests included in the state budget.

California State Assembly
Legislative Aide 2017 – 2018

Christine worked as a member of the Seventy -seventh Assembly District’s legislative team representing San Diego County. Christine’s primary responsibilities included carrying multiple bills through the legis lative process as well as monitoring, reviewing, and making recommendations on legislation passing through the Assembly member’s committees. She worked collaboratively with constituents and stakeholders to help craft the Assembly member’s legislative packa ge, carrying multiple bills to the Governor’s desk.

Cal Poly, San Luis Obispo
Master of Arts, History 2013

California State University, Sacramento
Bachelor of Arts, History and Government 2011

City Council
20 –
34 9/20/2022

Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 16

1. STATEMENT OF QUALIFICATIONS
E. RELEVANT PROJECT EXPERIENCE

CURRENT CLIENTS
The table below outlines a list of TPA clients that have engaged in grant writing and funding advocacy within the past five years. The table organizes clients by: name, type of service (either grant writing, or grant writing and legislative advocacy ( both)), level of service (eith er state (S), federal (F), or state and federal (S/F)), contact name, contact address, and contact telephone number.

Client
Type of
Service
Level of
Service
Contact
Name Contact Address
Contact
Telephone
Cities and Counties
City of Agoura Hills
Grant
Writing S/F
Nathan
Hamburger
30001 Ladyface Ct Agoura
Hills CA, 91310 (818) 597-7300
City of Anaheim Both S Greg Garcia
200 South Anaheim
Boulevard
Anaheim, CA 92805 (714) 765-4311
City of Avalon Both S/F
Devin
Thompson
410 Avalon Canyon Rd. P.O.

Box 707 Avalon, CA 9072 (310) 510-0220
City of Beaumont Both S/F Christina Taylor
550 East 6th Street
Beaumont, CA 92223 (951) 572-3212
City of Brea Both S/F
Mario
Maldonado
1 Civic Center Circle
Brea, CA 92821 (714) 990-7757
City of Buena Park Both S/F Aaron France
6650 Beach Boulevard Buena
Park, CA 90621 (714) 562-3550
City of Concord Both S Karan Reid
1950 Parkside Dr. Concord,
CA 94519 (925) 671-2489
City of Costa Mesa
Grant
Writing S/F Alma Reyes
77 Fair Drive
Costa Mesa, CA 92626 (714) 754-5090
City of Del Mar Both S/F Clem Brown
1050 Camino del Mar Del
Mar, CA 92014 (858) 375-9524
City of Dinuba Both S/F Karina Solis
405 East El Monte Way
Dinuba, CA 93618 (559) 591-5904
City of Duarte
Grant
Writing S/F Daniel Jordan
1600 Huntington Drive
Duarte, CA 91010 (626) 357-7931
City of El Monte Both S Alma Martinez
11333 Valley Boulevard
El Monte, CA 91731 (626) 580-2001
City of Emeryville Both S/F
Rochelle
Conner
1333 Park Avenue
Emeryville, CA 94608 (510) 596-4300
City of Farmersville Both S/F Jennifer Gomez
909 W. Visalia Rd
Farmersville, CA 93223 (559) 747-0458
City of Fullerton Both S/F Anissa Livas
303 W. Commonwealth
Avenue Fullerton, CA 92832 (714) 738-6300
City of Gardena Both S/F Clint Osario
1700 W 162nd St, Gardena,
CA 90247 (310) 217-9503

City Council
20 –
35 9/20/2022

Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 17

1. STATEMENT OF QUALIFICATIONS
City of Guadalupe
Grant
Writing S/F Ariston Julian
918 Obispo Street
Guadalupe, CA 93434 (805) 343-2114
City of Half Moon Bay Both S/F Jessica Blair
501 Main Street Half Moon
Bay, CA 94019 (650) 726-8779
City of Hayward Both S Kelly McAdoo
777 B Street
Hayward, CA 94541 (510) 583-4000
City of Hesperia Both S Melinda Sayre
9700 Seventh Avenue
Hesperia, CA 92345 (760) 947-1000
City of Huntington Beach Both S/F Travis Hopkins
2000 Main Street
Huntington Beach, CA 92648 (714) 536-5575
City of Huron Both S/F
George
Turegano
36311 South Lassen Avenue
Huron, CA 93234 (559) 945-2241
City of Laguna Beach Both S/F Ken Domer
505 Forest Avenue
Laguna Beach, CA 92651 (949) 497-0797
City of La Habra Both S/F Jim Sadro
110 E. La Habra Blvd. La
Habra, CA 90633 (562) 383-4200
City of Madera
Grant
Writing S
Gabriella
Salazar
205 W 4th St, Madera, CA
93637 (559) 661-5492
City of Menifee
Grant
Writing S/F
Christina
Hernandez
29844 Haun Rd, Menifee, CA
92586 (951) 723-3751
City of Mendota
Grant
Writing S Nancy Banda
643 Quince St, Mendota, CA
93640 (559) 655-4298
City of Merced Both S/F
Stephanie
Dietz
678 West 18th Street
Merced, CA 95240 (209) 388-7000
City of Mission Viejo Both S/F Dennis Wilberg
200 Civic Center
Mission Viejo, CA 92691 (949) 470-8409
City of Montebello
Grant
Writing S/F
David
Sosnowski
1600 W Beverly Blvd,
Montebello, CA 90640 (323) 887-1200
City of Moreno Valley
Grant
Writing S/F Brian Mohan
14177 Frederick Street
Moreno Valley, CA 92552-
0805 (951) 413-3024
City of Murrieta Both S/F Clara Vera
1 Town Square Murrieta, CA
92652 (951) 304-2489
City of Oakland Both S/F
Shereda
Nosakhare
250 Frank H Ogawa Plaza
Oakland, CA 94612 (510) 238-7648
City of Oceanside
Grant
Writing S
Terry Gorman
Brown
300 N Coast Hwy, Oceanside,
CA 92054 (760) 435-3076
City of Palmdale
Grant
Writing S/F Terrie Zayas
38300 Sierra Highway
Palmdale, CA 93550-4798 (661) 267-5450
City of Parlier Both S/F
Bertha
Augustine
1100 East Parlier Avenue
Parlier, CA 93648 (559) 646-3545
City of Pismo Beach Both S
Biancha
Buchanan
760 Mattie Road Pismo
Beach, CA 93449 (805) 773-7007
City of Placentia Both S/F Damien Arrula
401 East Chapman Avenue
Placentia, CA 92870 (714) 993-8117

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Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 18

1. STATEMENT OF QUALIFICATIONS
City of Pleasanton Both S/F Becky Hopkins
123 Main Street Pleasanton,
CA 94566 (925) 931-5000
City of Reedley
Grant
Writing S/F Nicole Zieba
1733 9th Street
Reedley, CA 93654 (559) 637-4200
City of San Pablo Both S/F Matt Rodriguez
13831 San Pablo Avenue
San Pablo, CA 94806 (510) 215-3000
City of Santa Ana Both S Rosa Flores
20 Civic Center Plaza, Santa
Ana, CA 92702 (714) 647-5690
City of Selma
Grant
Writing S/F Jason Siegen
1710 Tucker Street
Selma, CA 93662 (559) 891-2200
City of South San Francisco
Grant
Writing S/F Heather Enders
400 Grand Avenue
South San Francisco, CA
94080 (650) 877-8500
City of Stanton Both S/F
Jarad
Hildenbrand
7800 Katella Ave, Stanton, CA
90680 (714) 379-9222
City of Temecula Both S/F Randi Johl
41000 Main Street,
Temecula, CA 92590 (951) 694-6444
City of Tulare Both S/F Roxanne Yoder
411 East Kern Avenue
Tulare, CA 93274 559-684-4200
City of Turlock Both S/F Jennifer Land
156 South Broadway, Suite
270
Turlock, CA 95380 (209) 668-5590
City of Tustin Both S/F Ken Piguee
300 Centennial Way, Tustin,
CA 92780 (714) 573-3000
City of Vallejo
Grant
Writing S/F
Natalie
Peterson
555 Santa Clara St #3, Vallejo,
CA 94590 707-648-8616
City of Walnut Creek Both S
Kesava
Washington
1666 North Main Street
Walnut Creek, CA 94596 (925) 256-3580
County of Kern
Grant
Writing S/F Jim Zervis
1115 Truxtun Avenue, 5th
Floor Bakersfield, CA 93301 (661) 868-3140
County of Stanislaus
Grant
Writing S/F Jody Hayes
1010 10th Street, Modesto (209) 525-
4494
County of Mariposa Both S/F Dallin Kimble
5100 Bullion Street
Mariposa, CA 95338 (209) 966-3222
Town of Colma Both S/F Brian Dossey
1520 Hillside Boulevard,
Colma, CA 650-997-8300
Special Districts
Bear River Recreation and
Park District
Grant
Writing S/F Cindy Latimer
22431 Kingston Ln, Grass
Valley, CA 95949 530-268-7275
California Water Service Both S
Justin Skarb 1720 North First Street, San
Jose CA 95112 310- 961-1914
Cosumnes Community
Services District Both S/F
Pam Dawson 8820 Elk Grove Blvd, Elk
Grove, CA 95624 916-405-7150
Desert Recreation District
Grant
Writing S/F Tony Strange
45-305 Oasis Street
Indio, CA 92201 (760) 347-3484

City Council
20 –
37 9/20/2022

Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 19

1. STATEMENT OF QUALIFICATIONS
East Contra Costa Fire
Protection District Both S Brian Helmick
150 City Park Way #1335,
Brentwood, CA 94513 925-634-3400
East Orange County Water
District Both S/F
Sylvia Prado 185 N McPherson Rd,
Orange, CA 92869 714-538-5815
Golden State Natural
Resources Both S/F
Greg Norton 1215 K Street, Suite 1650,
Sacramento CA 95811 855-740-8422
Hesperia Park and
Recreation District
Grant
Writing S/F
Marshawn
Etchepare
16292 Lime St, Hesperia, CA
92345 760-244-5488
Sacramento Regional Transit
District
Grant
Writing S/F Erik Rietz
1400 29th St. Sacramento CA
95420 916-321-2800
Cosumnes Community
Services District Both S/F
Pam Dawson 8820 Elk Grove Blvd, Elk
Grove, CA 95624 916-405-7150
Public Education
Coast Community College
District Both S/F Letitia Clark
1370 Adams Avenue
Costa Mesa, CA 92626 (714) 438-4605
Guadalupe Union School
District
Grant
Writing S/F Ed Cora
4465 9th Street
Guadalupe, CA 93434 (805) 343-2114
Merced Union High School
District Both S/F Alan Peterson
3430 A Street
Atwater, CA 95301 (209) 325-2000
Long Beach Community
College District Both S/F Nevon Watson
4901 E. Carson St., Long
Beach 90808. 562-938-4749
Non-Profit Organizations
Chabot Space and Science
Center
Grant
Writing S/F
Shawn
Connolly
10000 Skyline Blvd, Oakland,
CA 94619 510-336-7347
Discovery Science
Foundation Both S/F
Joe Adams 2500 N Main Street, Santa
Ana, CA 92705 714-913-5022
Hebrew Academy of Orange
County
Grant
Writing F
Amina
Newman
14401 Willow Ln, Huntington
Beach, CA 92647 (714)898-0051
Land Conservancy of San
Luis Obispo County Both S
Joey Chavez 1137 Pacific St suite a, San
Luis Obispo, CA 93401 805-544-9096

City Council
20 –
38 9/20/2022

Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 20

1. STATEMENT OF QUALIFICATIONS
F. SCHEDULE
TPA’s general process for completing a grant application will remain the same regardless of the size and nature of the application. TPA will begin with a meeting with key Agency staff to review the grant application requirements, project overview and backg round. TPA will then establish clear accountabilities for Agency staff and TPA grant writers, including coordinating and conducting stakeholder meetings, drafting grant narratives, soliciting feedback from staff, incorporating feedback into a final application, drafting and securing letters of support and submitting a final grant application.

After submittal is completed, TPA will advocate on behalf of the Agency, including contacting elected officials and drafting talking points for further advocacy. If su ccessful, TPA will administer any post - award compliance requirements. If unsuccessful, TPA will coordinate debrief meetings with funding agencies to learn why the application was not funded and how to strengthen future application submissions.

Below is a chart overviewing the timeline for which TPA will use to implement its strategic grant identification and writing services on behalf of the District, including details on the involvement of Agency staff:

Services Timeline Agency Staff Involvement
Conduct Detailed Orientation September 2022 Staff participation in orientation Craft Strategic Funding Plan September-October 2022 Staff review of TPA proposed funding plan
Implement Funding Strategy October 2022 – Contract
End No Involvement
Track Funding Opportunities October 2022 – Contract
End No Involvement
Establishment of Clear
Accountabilities
October 2022 – Contract
End
Coordination between TPA and
Staff
Grant Application
Development and Submittal
October 2022 – Contract
End
Staff to provide technical budget
and project timeline information to
TPA
Post-Grant Submittal
Advocacy
October 2022 – Contract
End No Involvement
Post-Grant Administration and
Compliance
October 2022 – Contract
End
Coordination between TPA and
Staff
Comprehensive Follow-Up on
All Unsuccessful Applications
October 2022 – Contract
End
Optional participation by staff on
any follow up conversations or
meetings on unsuccessful
applications
Update Strategic Funding
Plan November-January 2024 Staff review of plan updates State Budget Earmark
Projects November-January 2024 Staff participation in selection of projects
Federal Community Project
Funding (Earmarks) November-January 2024 Staff participation in selection of projects

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Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 21

1. STATEMENT OF QUALIFICATIONS
G. REFERENCES

1. CALIFORNIA WATER SERVICE (CALWATER)
Contact Name: Justin Skarb
Title: Director of Community Affairs and Government Relations Address: 2632 W 237th St, Torrance, CA 90505
Phone Number: (310) 961-1914
Email: [email protected]
Scope: TPA provides advocacy and funding services to the Service District.

2. YORBA LINDA WATER DISTRICT
Contact Name: Doug Davert
Title: Assistant General Manager
Address: 1717 Miraloma Ave Placentia, CA 92870
Phone Number: (714) 701-3029
Email: [email protected]
Scope: TPA provides legislative and funding advocacy services to the District.

3. BEAUMONT CHERRY VALLEY WATER DISTRICT
Contact Name: Daniel Jaggers
Title: General Manager
Address: 560 Magnolia Avenue, Beaumont, California 92223 Phone Number: (951) 845-9581
Email: [email protected]
Scope: TPA provides grant writing services to the District.

4. CITY OF PALMDALE
Contact Name: Terrie Zayas
Title: Management Analyst
Address: 38300 Sierra Highway, Palmdale, CA 93550
Phone Number: (661) 267-5450
Email: [email protected]
Scope: TPA provides grant writing services to the City.

5. CITY OF BUENA PARK
Contact Name: Aaron France
Title: City Manager
Address: 6650 Beach Boulevard, Second Floor Buena Park, CA 90621 Phone Number: (714) 562-3550
Email: [email protected]
Scope: TPA provides legislative and grant writing services to the City.

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40 9/20/2022

Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 22

2. SCOPE OF SERVICES & SCHEDULE

TPA advocates will utilize a strategic and comprehensive approach to initiate, develop, and carry out effective strategies to influence funding activi ties and opportunities to lobby on behalf of clients’ priority projects. This approach includes, but is not limited to:
• Conducting a detailed orientation
• Crafting a Strategic Funding Plan
• Identifying, Researching, and Monitoring Grant Funding Opportunities • Developing and Submitting Grant Applications by utilizing the following process:
o Establishment of Clear Accountabilities:
o Providing Overview of Full Application Requirements
o Assembling Project Background and Details
o Drafting Written Proposal
o Incorporating Feedback to Finalize Proposal
o Submitting Completed Application
• Performing Funding Advocacy across various channels
o State legislative and budget processes
o State bond measures
o Federal infrastructure funding and community project requests • Providing monthly progress reports
• Being available for client conference calls, in-person briefings, and meetings

To effectively lobby on behalf of the Agency’s funding priorities, TPA will leverage the following relationships:

STATE GOVERNMENT

• Agency Legislative Delegation:
o Senator Tom Umberg
o Assembly Member Tom Daly

• Governor’s Administration and Agency
Leadership:
o Governor Gavin Newsom
o Lieutenant Governor Eleni Kounalakis
o State Treasurer Fiona Ma
o State Controller Betty Yee
o Attorney General Rob Bonta
o Superintendent of Public Instruction
Tony Thurmond
o Secretary Wade Crowfoot, Natural
Resources Agency
o Secretary Toks Omishakin, California
State Transportation Agency
o Secretary Jared Blumenfeld, California
Environmental Protection Agency
o Secretary Lourdes Castro Ramirez,
Business, Consumer Services, and
Housing Agency
o Director Karla Nemeth, California
Department of Water Resources
o Director Eileen Sobeck, State Water
Resources Control Board
▪ Sean Maguire, Board Member
o Director Armando Quintero, Department
of Parks and Recreation
o Director Karla Nemeth, Department of
Water Resources
o Director Gustavo Velasquez, Department
of Housing and Community Development
o Air Quality Management District
o Mobile Source Air Pollution Reduction
Review Committee

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Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 23

2. SCOPE OF SERVICES AND SCHEDULE
o California Coastal Conservancy
o Joel Gerwin, South Coast Program
Deputy Manager
o Santa Ana River Conservancy
o Greg Gauthier, Program Specialist,

▪ State Legislative Leadership:
o Senate President Pro Tempore Toni
Atkins
o Senate Republican Leader Scott Wilk
o Assembly Speaker Anthony Rendon
o Assembly Republican Leader James
Gallagher

FEDERAL GOVERNMENT

• Agency Legislative Delegation:
o Senator Dianne Feinstein
o Senator Alex Padilla
o Representatives Luis Correa and Michelle
Steel

• President’s Administration and Federal
Agencies:
o White House Office of Intergovernmental
Affairs
o Department of Agriculture
o Department of Commerce
o Department of Education
o Department of Homeland Security
o Department of Housing and Urban
Development
o Department of the Interior – Bureau of
Reclamation
o Department of Justice
o Department of Labor
o Department of Transportation
o Army Corps of Engineers
o Bureau of Reclamation
o Economic Development Administration
o Environmental Protection Agency
o Fish and Wildlife Service
o National Marine Fisheries Service
o National Park Service
o US Department of Commerce-Economic
Development Administration (Public
Works and EAA programs)
o US Department of Housing and Urban
Development (CDBG)

• Key Legislative Committees:
o House Appropriations Committee
o Energy and Commerce Committee
o Transportation and Infrastructure
Committee
o House Ways and Means Committee

A DETAILED LIST OF OUR STATE, FEDERAL, AND LOCAL

RELATIONSHIPS CAN BE PROVIDED UPON REQUEST

City Council
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Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 24

2. SCOPE OF SERVICES AND SCHEDULE

UPCOMING GRANT FUNDING OPPORTUNITIES CHART
In addition, TPA has preliminary identified the following funding programs that meet the scope of work. Those programs include, but are not limited to:

Administrator &
Grant Name Application Info Eligible Projects Application Deadline
Department of
Housing and Urban
Development

Choice
Neighborhood
Planning Grant
Max Award
$500,000

5+% Match
Required
The grant program assists communities with severely
distressed public housing or HUD -assisted housing in
developing a successful neighborhood transformation
plan. Neighborhood transformation plans are a
blueprint for the redevelopment of distressed public
housing/HUD-assisted housi ng into mixed -income
communities, supportive services for families that live there, and physical improvements to the surrounding
neighborhood.

July 28, 2022
US Bureau of
Reclamation

WaterSMART
Water Energy and
Efficiency Grant
Program
Max Award
$1,500,000

50% Match
Required
The program provides funding to conserve and use
water more efficiently, increase the use of renewable
energy and improve energy efficiency, benefit
endangered and threatened species, facilitate water
markets, or carry out other activities to address climate- related impacts on water or prevent any water -related
crisis or conflict.

July 28, 2022
California Natural
Resources Agency

Youth Community
Access Grant
Program

$25k Min. Award

$300k Max Award

No Match Required
The Youth Community Access Grant Program
supports youth access to natural or cultural resources
with a focus on low -income and disadvantaged
communities including, but not limited to, community
education and recreational amenities to support youth
substance use prevention and early intervention.

July 29, 2022

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Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 25

2. SCOPE OF SERVICES AND SCHEDULE
Administrator &
Grant Name Application Info Eligible Projects Application Deadline
CalRecycle

Tire-Derived
Aggregate (TDA)
Grant Program
Max Award:
$375,000

25% required
match
The program provides opportunities to divert waste
tires from landfills, prevent illegal tire dumping, and promote markets for recycled -content tire products.

The Program provides assistance to civil engineers in
solving a variety of engineering challenges using Tire- Derived Aggregate (TDA), which is produced from
shredded tires, is lightweight, free-draining, and a less expensive alternative to conventional aggregates.

August 17, 2022
US Environmental
Protection Agency

Water
Infrastructure
Finance and
Innovation Act
(WIFIA) Loan
Program
Max Award
$20,000,000 for
large communities
(pop. >20,000)
The program provides funding for projects that are
eligible for the State Revolving Fund, including
decentralized wastewater treatment systems, water
reuse projects, stormwater projects, construction of
publicly owned treatment works, and watershed pilot
projects.

Letter of Interest
Due September
6, 2022
Department of
Transportation

Reconnecting
Communities Pilot
Program
$5 million Min.

Award

$10 million Max
award

20% match
required (Planning)
50% match
required (capital)
The program’s funds can support planning, capital
construction, and technical assistance to equitably and safely restore community connectivity through the
removal, retrofit, mitigation, or replacement of eligible transportation infrastructure facilities t hat create
barriers to mobility, access, or economic development
October 13,
2022

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Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 26

2. SCOPE OF SERVICES AND SCHEDULE
Administrator &
Grant Name Application Info Eligible Projects Application Deadline
Department of
Energy

Upgrading Our
Electric Grid and
Ensuring
Reliability and
Resiliency
Total funding
available: $1 billion

This new grant program will provide funding to provide
federal financial assistance to demonstrate innovative
approaches to transmission, storage, and distribution
infrastructure to harden and enhance resilience and
reliability; and to demonstrate new approaches to
enhance regional grid resilience.

NOFO expected
Fall 2022

California
Infrastructure Bank
(IBank)

State Revolving
Loan Fund
No Max Award

No Match Required
The program provides funding for a wide variety of
infrastructure and economic development projects,
including solid waste collection and disposal and water treatment and distribution.

Ongoing

Looking Ahead: Upcoming Grant Opportunities
Administrator &
Grant Name Application Info Eligible Projects Application Deadline
California Natural
Resources Agency

Urban Greening
Grant Program
(UGG)
No Maximum or
Minimum grant
Amounts

Available funding
approx. $50 million
The Urban Greening Program will fund projects that
reduce greenhouse gases by sequestering carbon,
decreasing energy consumption and reducing vehicle
miles traveled, while also transforming the built
environment into places that are more sustainable,
enjoyable, and effective in creating healthy and vibrant communities.

Expected
Spring/Summer
2023

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Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 27

2. SCOPE OF SERVICES AND SCHEDULE
Administrator &
Grant Name Application Info Eligible Projects Application Deadline
South Coast Air
Quality
Management
District (AQMD)

Carl Moyer
Program
To Be Determined The purpose of the CMP is to obtain emission reductions of Nitrogen Oxides (NOx), Particulate
Matter (PM10) and Reactive Organic Gases (ROG)
from heavy -duty vehicles and other equipment
operating in California as early and as cost -effectively as possible. The CMP provides financial incentives to
assist in the purchase of cleaner-than-required engine
and equipment technologies to achieve emission
reductions that are real, surplus, quantifiable and
enforceable.

Expected
Spring/Summer
2023
US Bureau of
Reclamation

WaterSMART Title
XVI Water
Reclamation and
Reuse Program
To Be Determined The program provides funding to identify and investigate opportunities to reclaim and reuse
wastewater and naturally impaired ground and surface
water.

Projects are first authorized by Congress and then
receive funding for planning, design and/or
construction activities on a project-specific basis.

Expected
Spring/Summer
2023
Economic
Development
Agency

Build to Scale
Program
To Be Determined The Build to Scale Program builds regional economies through scalable startups through the Venture
Challenge and Capital Challenge. The program’s
national competitions will deploy funding to further
technology-based economic development initiatives
that accelerate high -quality job growth, create more
economic opportunities, and support the next
generation of industry leading companies.

Expected
Spring/Summer
2023 (pending
funding
availability)

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Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 28

2. SCOPE OF SERVICES AND SCHEDULE
Administrator &
Grant Name Application Info Eligible Projects Application Deadline
California Office of
Emergency
Services/FEMA

Pre-Disaster
Mitigation (PDM)
Grant
Program/Hazard
Mitigation Grant
Program (HMGP)
To Be Determined Under PDM: A generator that is a stand -alone project can be considered for PDM funding if the generator
protects a critical facility

A generator that is a component of a larger project
(e.g., elevation of a lift station) can also be funded
under regular HMGP funding
Expected
Winter 2023

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Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 29

3. FEE PROPOSAL

In accordance with the RFP, the proposed fee schedule has been submitted separately, utilizing the Proposed Fee Schedule included as Attachment 4 in the RFP.

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Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 30

4. CERTIFICATIONS

ATTACHMENT 3-1: NON-COLLUSION AFFIDAVIT

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Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 31

4. CERTIFICATIONS
ATTACHMENT 3-2: NON-LOBBYING CERTIFICATION

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Proposal for Grant Writing Services | Santa Ana Public Works Agency Page 32

4. CERTIFICATIONS
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION

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EXHIBIT C

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FEE SCHEDULE

OPTION I: ALL-INCLUSIVE MONTHLY RETAINER

DESCRIPTION OF SERVICES FEE
Grant Writing Services $7,500 Per Month*
• Conduct Detailed Orientation Included
• Craft Strategic Funding Plan Included
• Identify, Research, and Monitor Grant Funding Opportunities Included • Grant Application Development and Submittal Included • Establishment of Clear Accountabilities Included
• Provide Overview of Full Applications Requirements Included • Assemble Project Background and Details Included
• Coordinate Technical Project Details Included
• Draft Written Proposal Included
• Incorporate Feedback to Finalize Proposal Included
• Submit Completed Application Included
• Funding Advocacy Included
• State Budget Funding Opportunities Included
• Federal Earmark Opportunities Included
• Post-Grant Submittal Advocacy Included
• Post-Award Grant Administration and Compliance Included • Comprehensive Follow-Up on Unsuccessful Applications Included *The monthly fee includes all reasonable business and travel expenses TPA does NOT institute a limit on the number of funding opportunities that we will pursue on behalf of a client. For this reason, TPA recommends our monthly fee option as a more cost-effective option for the Agency than on a per-grant or hourly basis.

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FEE SCHEDULE
OPTION II: ALL-INCLUSIVE HOURLY RATES

NAME & TITLE FEE
Christopher Townsend, President
Role: Senior Strategic Advisor:
$300*
Cori Takkinen, Vice President
Role: Project Manager
$275*
Alex Gibbs, Grants Manager
Role: Funding Advocate/Grant Writer
$250*
Ben Goldeen, Federal Advocacy Manager
Role: Federal Funding Advocate
$250*
Eric O’Donnell, Deputy Director
Role: State Funding Advocate
$250*
Christine Rose, Senior Associate
Role: Grant Writer
$225*
*The hourly fee includes all reasonable business and travel expenses

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FEE SCHEDULE

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1 AGREEMENT WITH ENGINEERING SOLUTIONS SERVICES TO PROVIDE ON CALL

GRANT WRITING SERVICES

THIS AGREEMEN T is made and entered into this 20th day of September 2022 by and between Engineering Solutions Services, Inc., a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS

B. Consultant submitted a responsive proposal that was among those selected by the City.

Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 22-064.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES

2. COMPENSATION

b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals

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2 and Scope of Work, which may reasonably be expected by City.

3. TERM

This Agreement shall commence on the date first written above and terminate on September 19, 2025, unless terminated earlier in accordance with Section 1 7, below. The term of this Agreement may be extended for one (1) two-year period upon a writing executed by the City Manager and City Attorney.

4. PREVAILING WAGES

Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,00 0 or more, Consultant agrees to fully comply with such Prevailing Wage Laws.

5. INDEPENDENT CONSULTANT

6. OWNERSHIP OF MATERIALS

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3 7. INSURANCE

Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:

a. Minimum Scope and Limit of Insurance

b. Other Insurance Provisions

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3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

7. Claims Made Policies (applicable only to professional liability):

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

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However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

8. INDEMNIFICATION

9. INTELLECTUAL PROPERTY INDEMNIFICATION

Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives,

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10. RECORDS

11. CONFIDENTIALITY

12. CONFLICT OF INTEREST CLAUSE

13. NOTICE

Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by fi rst class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City: Clerk of the City Council

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7 City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988

Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702

To Consultant: Engineering Solutions Services, Inc.

Attn: Sudi Shoja, PE
23232 Peralta Drive, Suite 112
Laguna Hills, CA 92653
(949) 797-6055

A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For pur poses of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

14. EXCLUSIVITY AND AMENDMENT

This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all othe r agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument sign ed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obl igate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.

15. ASSIGNMENT

Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. N othing in this Agreement shall be construed to limit

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8 the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City.

16. WAIVER

No waiver of breach, failure of a ny condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

17. TERMINATION

This Agreement may be terminated by the City upon thirty (30) days written notice of termination.

18. NON-DISCRIMINATION

19. JURISDICTION-VENUE

This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or pr oceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

20. PROFESSIONAL LICENSES

Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,

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9 permits, approvals, waivers, and exemp tions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

21. MISCELLANEOUS PROVISIONS

b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA

________________________ _________________________
Kristine Ridge
Clerk of the Council City Manager

APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO
City Attorney

By: _____________________ ____________________________ Brandon Salvatierra Name:

Deputy City Attorney Title:

RECOMMENDED FOR APPROVAL

____________________________
Nabil Saba, P.E.

Executive Director
Public Works Agency
Sudi Shoja, PE
Principal

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EXHIBIT A

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City of Santa Ana RFP 22-064

Page 11 ends

Santa Ana City CouncilSeptember 20, 2022

Santa Ana City Council
September 20, 2022