herein, (2) any actions or omissions of Processor with respect to these Products and Services, or (3) any claims or disputes arising out of the foregoing.
27.1 If Merchant elects to receive any of the ancillary Products and Services listed on the Merchant Application (including but not limited to the Guardian Suite (and its related products), Payment Acceptance Applications (WebPASS, Multi-PASS, and/or Hosted Payments), and TransLink Insights either in various packages or on a product by product basis, Merchant agrees to the following terms applicable to the relevant software licenses (collectively, the Licensed Software). Use of the Licensed Software is limited to Merchants internal business purposes. Title to and ownership of the Licensed Software remains with Processor and its suppliers. Merchant may not (a) alter or modify the Licensed Software, (b) reverse engineer, decompile, disassemble, or in any way attempt to derive the source code for the Licensed Software, or (c) transfer the Licensed Software to any third party or make the Licensed Software available to any third party as part of any time-sharing or service bureau arrangement. Merchant will not export or re-export the Licensed Software without the appropriate United States or foreign government licenses. All express and implied warranties regarding the Licensed Software by Processor and its suppliers to Merchant are disclaimed. For U.S. Government End Users: The Licensed Software is a commercial item, as that term is defined at 48 C.F.R. 2.101 (OCT 1995), and more specifically is commercial computer software and commercial computer software documentation, as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), the Licensed Software is provided to U.S. Government end users (a) only as a commercial end item, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. The Licensed Software is only offered on terminals capable of supporting it.
27.2 VITAL POS. Subject to the terms and conditions of this Agreement and the Terms of Use and Privacy Policy located within the Vital POS Software and associated portals and web pages (the Platform), including without limitation payment of the fees as set forth in this Agreement, Processor hereby grants to Merchant a limited, revocable, nonexclusive, non-transferable, non-sublicensable license to utilize (and allow for the utilization by designated employees and agents) the Vital POS Platform only on an as-is basis, for the sole and exclusive purpose of internally operating the products in the normal course of Merchants business, and as expressly stipulated under this Agreement (the Platform License). Merchant acknowledges and agrees that the Platform provided under this Agreement and all intellectual property provided, embodied, or used in association therewith, including without limitation all trademarks, service marks, logos, software, designs, templates, encryption algorithms, copyrights, and other proprietary rights, and any documentation related to any of the foregoing (collectively, Intellectual Property Rights), are and shall remain solely and exclusively owned by Processor (or other third party owner as the case may be). Merchant shall have no right to market, distribute, sell, assign, pledge, sublicense, lease, deliver, or otherwise transfer the Platform or any component thereof, to any third party. Merchant shall not, and shall not permit any third party to, use the Platform directly or indirectly to provide a time-sharing or subscription service to any third party or to function as a service bureau or application service provider. Merchant shall not reverse engineer, decompile, disassemble, translate, modify, alter, create any derivative works based upon, or otherwise change the Platform or any part thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Software included in the Services, or any Application Programming Interfaces API(s) or any part thereof, or access or use the Platform or the APIs in any way except via access provided through use in accordance with the Processor documentation and the terms of the Agreement. Merchant shall comply with the Terms of Use and Privacy Policy (as updated from time to time), all security and operational requirements, policies, and procedures relating to the Platform as specified in the documentation related thereto and as may be otherwise communicated or provided by Processor. Merchant shall use the Platform solely in the conduct of its business and in compliance with all laws, rules, and regulations of every governmental authority or card association having jurisdiction over Merchant or any of the foregoing.
28. GLOBAL PAYMENTS EQUIPMENT AGREEMENT.
Important Note: Merchant agrees Member Bank is not a party to the GLOBAL PAYMENTS Equipment Agreement and has no responsibility under it. Merchant acknowledges and agrees that Member Bank and its affiliates have no obligation or liability whatsoever for:
(1) products or services provided under the GLOBAL PAYMENTS Equipment Agreement, or (2) any actions or omissions of TSYS Merchant Solutions, LLC dba Global Payments (GLOBAL PAYMENTS) with respect to the GLOBAL PAYMENTS Equipment Agreement.
Merchant agrees that any claims or disputes arising out of the foregoing will be resolved without involving Member Bank and that Member Bank is entitled to rely on Merchants agreements in this Section 24.
THIS GLOBAL PAYMENTS Equipment Agreement ("EQUIPMENT
AGREEMENT"), by and between GLOBAL PAYMENTS, and Merchant, the name of which is set forth in the Agreement, as defined herein, shall become effective as of the date Merchant Application (Effective Date).
WHEREAS, GLOBAL PAYMENTS and Merchant shall hereinafter be referred to as the Parties; and
WHEREAS Merchant desires to purchase or rent equipment from GLOBAL PAYMENTS in order to accept and process specified credit card transactions.
NOW THEREFORE, in consideration of the mutual promises made herein, and other valuable consideration, receipt and sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:
28.1 GLOBAL PAYMENTS agrees to sell or rent to Merchant and Merchant agrees to buy or rent from GLOBAL PAYMENTS the equipment described in the Merchant Application or as added from time to time via Merchants request through Processors customer service center. GLOBAL PAYMENTS owns all right, title and interest in all EQUIPMENT rented or sold to MERCHANT hereunder, provided that such right, title and interest will transfer to MERCHANT in the event MERCHANT purchases the EQUIPMENT. The individual sales representative selling or renting the EQUIPMENT to MERCHANT is an employee of GLOBAL PAYMENTS. Merchants payment for equipment or delivery of the equipment to Merchant will constitute Merchants acceptance of the applicable following terms and conditions. Payment for equipment and any related fees shall be due and payable on the Effective Date of this EQUIPMENT AGREEMENT if purchasing equipment, monthly if renting, or upon an otherwise agreed upon date or payment schedule. Merchant agrees to pay the fee(s) set out in the Agreement and as added from time to time. Merchant is responsible for all sales, use, excise and other taxes, including penalties and interest, that may result from this transaction. The fees set forth in the Merchant Application related to this EQUIPMENT AGREEMENT are exclusive of any and all applicable taxes or assessments, whether designated as sales taxes, use taxes, ad valorem taxes, GST/HST taxes, VAT taxes or by some other name or designation, and including any interest or penalties thereon, which may be levied or assessed by any governmental or taxing jurisdiction in connection with the performance of services or provision of materials to Merchant by GLOBAL PAYMENTS. In the event of the payment of or for any such tax, assessment or expense by GLOBAL PAYMENTS, Merchant shall in turn pay GLOBAL PAYMENTS for such items. Merchant hereby authorizes GLOBAL PAYMENTS to debit payment from the Merchants designated account established under the Agreement for items ordered herein if payment does not accompany order.
28.2 Upon payment by Merchant to GLOBAL PAYMENTS of the entire purchase amount required herein, GLOBAL PAYMENTS shall sell, transfer and assign the purchased equipment to Merchant for Merchants use and benefit. All risks or expenses of loss, damage, or repair to the equipment shall be borne by Merchant upon such transfer of title.
28.3 If Merchant is renting equipment, Merchant agrees to pay Processor a monthly rental fee (Rental Fee) for the equipment until such time said equipment is returned to GLOBAL PAYMENTS, which will be debited monthly from the Merchants Settlement Account established under the Agreement or billed separately to merchant if the Merchants Settlement Account no longer exists. MERCHANT may return the EQUIPMENT to GLOBAL PAYMENTS at any time during the AGREEMENT, at which time MERCHANT will no longer be responsible for future payments of the RENTAL FEE. If Merchant is purchasing the equipment via multiple payments and terminates the EQUIPMENT AGREEMENT prior to completing the monthly purchase payments, then Merchant agrees to immediately pay the remainder of the purchase price or, if Merchant returns the equipment under the conditions specified herein, Merchant agrees to pay GLOBAL PAYMENTSs then current RENTAL FEE for the length of time Merchant had the use of the equipment.
28.4 Merchant agrees to pay the Rental Fee on a per month basis as rental for the EQUIPMENT. GLOBAL PAYMENTS may amend the Rental Fee on thirty (30) days written notice to Merchant. Submission by Merchant of a Transaction after such notice period shall be evidence that Merchant has received the amended Rental Fee and has agreed to such amended Rental Fee. Merchant is supplied with monthly reports by Processor regarding the equipment. It is Merchants sole responsibility to report any error or discrepancies detected by Merchant in writing to GLOBAL PAYMENTS within ninety (90) days following the end of the monthly reporting period. After such period, Merchant will be deemed to have accepted the monthly reports as delivered.
28.5 The Parties agree to each of the terms and conditions set forth herein and acknowledge that such provisions are binding upon each of them, their successors, heirs and assigns.
28.6 Merchant understands that a telephone jack and other equipment may be required for its phone system to be compatible with equipment at Merchants expense.
28.7 Upon expiration or termination of the EQUIPMENT AGREEMENT, Merchant agrees to remove the rental equipment from its locations and deliver it to GLOBAL PAYMENTS at Merchants cost in the same condition as when the rental equipment was installed, normal wear and tear excepted. The Parties agree that the rental equipment is and will remain personal property of GLOBAL PAYMENTS.
28.8 Merchant hereby assumes the entire risk of loss, damage or destruction of the equipment from any cause whatsoever, until the delivery of the rental equipment to GLOBAL PAYMENTS. If the rental equipment is damaged, lost, or not returned to GLOBAL PAYMENTS, Merchant shall, at the option of GLOBAL PAYMENTS, repair the rental equipment at Merchants expense or pay GLOBAL PAYMENTS the current replacement cost of the rental equipment.
28.9 Merchant hereby grants to GLOBAL PAYMENTS the right, during normal business hours, to enter any location under Merchants control for the purpose of inspecting, repairing, or replacing rental equipment.
28.10 Merchant shall and does hereby agree to indemnify and hold GLOBAL PAYMENTS, its agents, employees, successors and assigns harmless from any and all liability, damages or loss (including attorney fees and costs) arising out of the ownership, selection, possession, leasing or renting, operation (regardless of where, how and by whom operated), control, use, condition (including, but not limited to, latent and other defects, whether or not discoverable by GLOBAL PAYMENTS) maintenance, delivery and return of the equipment. This indemnification and the obligations contained herein shall survive termination or expiration of EQUIPMENT AGREEMENT.
28.11 Merchant shall keep rental equipment insured against all risks for not less than replacement costs of rental equipment, naming GLOBAL PAYMENTS as an additional insured as its interest may appear.
28.12 If this EQUIPMENT AGREEMENT is terminated, GLOBAL PAYMENTS shall have the right to enter Merchants locations for the purpose of recovering rental equipment.
28.13 Neither Merchant nor any third party is authorized to make any alterations, repairs or changes including programming changes to rental equipment. Any personal property attached to rental equipment shall become part of the equipment. GLOBAL PAYMENTS will provide maintenance service to rental equipment during the term of the EQUIPMENT City Council 15 – 26 12/6/2022
AGREEMENT. Merchant shall not allow any other person or entity to maintain or tamper with rental equipment without the express written consent of GLOBAL PAYMENTS.
28.14 Merchants rights and remedies hereunder are exclusive and in lieu of all other rights and remedies. GLOBAL PAYMENTS shall not otherwise be liable for any error, omission, delay, loss of data or records or disclosure of confidential information which may occur as a result of, or in any way be connected with, any use of equipment or services provided by GLOBAL PAYMENTS pursuant to this or any other agreement. IN ANY EVENT, GLOBAL PAYMENTSS LIABILITY TO MERCHANT, WHETHER ARISING
IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND
STRICT LIABILITY) OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF THE
DIRECT LOSS TO MERCHANT OR AN AMOUNT EQUAL TO THE AGGREGATE OF
MONTHLY RENTAL FEES PAID TO GLOBAL PAYMENTS BY MERCHANT IN THE SIX-MONTH PERIOD PRIOR TO THE INCIDENT GIVING RISE TO LIABILITY. IN
NO EVENT SHALL GLOBAL PAYMENTS BE LIABLE FOR SPECIAL, INCIDENTAL,
INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR FOR ANY
INTERRUPTION OR LOSS OF USE, DATA, BUSINESS OR PROFITS, WHETHER OR
NOT SUCH LOSSES OR DAMAGES WERE FORESEEABLE OR GLOBAL
PAYMENTS WAS ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS
OF WHETHER ANY LIMITED REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. GLOBAL PAYMENTS is not responsible for any loss or damages whatsoever sustained by Merchant arising as a result of any acts of God, strikes, flood, weather, shortages of parts or supplies or other events beyond its reasonable control.
28.15 GLOBAL PAYMENTS, NOT BEING THE MANUFACTURER OF THE
EQUIPMENT, MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND
WHATSOEVER WITH RESPECT TO THE EQUIPMENT INCLUDING BUT NOT LIMITED TO: THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE; THE DESIGN OR CONDITION OF THE EQUIPMENT; THE QUALITY OR CAPACITY OF THE EQUIPMENT; THE WORKMANSHIP OF THE EQUIPMENT; COMPLIANCE OF THE EQUIPMENT WITH
REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION OF CONTRACT PERTAINING THERETO; THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT; THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE; THE ABSENCE OF ANY OBLIGATION BASED ON STRICT LIABILITY IN TORT. UPON SALE OF THE
EQUIPMENT TO MERCHANT, GLOBAL PAYMENTS HEREBY ASSIGNS, TO THE
EXTENT POSSIBLE, ALL WARRANTIES AND RIGHTS OF GLOBAL PAYMENTS
WITH RESPECT TO THE EQUIPMENT PROVIDED BY THE MANUFACTURER OF THE EQUIPMENT. GLOBAL PAYMENTS DOES NOT MAKE ANY EXPRESS OR
IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE MANUFACTURERS WARRANTY.
28.16 Except as expressly provided herein, Merchant may not assign its rights or delegate its responsibilities regarding rental equipment under this EQUIPMENT AGREEMENT without the prior written consent of GLOBAL PAYMENTS, which will not be unreasonably withheld.
28.17 The Parties acknowledge and agree that this EQUIPMENT AGREEMENT was, and shall be deemed to have been, made and delivered in Muscogee County, Georgia The laws of the State of Georgia, without giving effect to its conflicts of law principles, shall govern all matters (whether in contract, statute, tort or however characterized) arising out of or relating to this EQUIPMENT AGREEMENT, including, without limitation, the validity, interpretation, construction, performance and enforcement of the EQUIPMENT AGREEMENT. The Parties agree that, in the event of any dispute regarding, arising out of or relating to this EQUIPMENT AGREEMENT, the courts of the State of Georgia shall have and be vested with personal jurisdiction over the Parties. The Parties further agree that any and all actions, claims, suits or proceedings arising out of or relating (directly or indirectly) to this EQUIPMENT AGREEMENT shall be filed and litigated only in courts located in Muscogee County, Georgia , and such courts shall have exclusive jurisdiction over any action, claims, suit or proceeding arising out of or relating (directly or indirectly) to this EQUIPMENT AGREEMENT. If Merchant brings legal action against GLOBAL PAYMENTS for any reason, Merchant shall commence the action within one (1) year of the date the error or the incident giving rise to such action occurred.
28.18 No delay or failure by either Party to exercise any right under EQUIPMENT AGREEMENT, and no partial or single exercise of that right, shall constitute a waiver of fact or any other right, unless expressly provided herein.
28.19 Neither Party shall be responsible for the costs incurred by the other for negotiating or implementing this EQUIPMENT AGREEMENT and Merchant shall be responsible for installation of the equipment.
28.20 The obligations of all Parties hereto incurred prior to the effective date of termination of EQUIPMENT AGREEMENT shall survive such termination.
28.21 In the event that any portion of EQUIPMENT AGREEMENT shall be held invalid or unenforceable for any reason, it is agreed that any invalidity or unenforceability shall not affect the remainder of the same and the remaining provisions shall remain in full force and effect, and any court of competent jurisdiction may so modify any objectionable provision of the same so as to render it valid, reasonable and enforceable.
28.22 This EQUIPMENT AGREEMENT may only be amended or modified by a subsequent written agreement by and between the Parties hereto.
28.23 Merchant hereby represents that the entering into of this EQUIPMENT AGREEMENT has been duly authorized by Merchant and that this EQUIPMENT AGREEMENT constitutes a legal, valid and binding obligation of Merchant, and is enforceable against Merchant in accordance with its terms.
28.24 This EQUIPMENT AGREEMENT constitutes the entire understandings of the Parties as to the subject matter contained herein and supersedes all prior contracts, agreements and negotiations whether oral or written.
City Council 15 – 27 12/6/2022
EXHIBIT B
CLIENT SATISFACTION OFFER
City Council 15 – 28 12/6/2022
Client Offer TMS v1.2021Page 1 of 1CONFIDENTIAL
CLIENT SATISFACTION OFFER
(RETENTION DEPARTMENT)
Merchant Name or DBA Name: City of Santa Ana
Merchant ID(s): 41399800818517, 41399800818822, 41399800818830, 41399800822550 Date: 8/29/2022
TSYS Merchant Solutions, LLC DBA Global Payments (Global Payments), values its merchant clients and strives to create mutually beneficial, long-term relationships with them. To that end, Global Payments offers you, the Merchant, the following terms. Accepting this offer will modify your Application for Merchant Card Processing (Application) and Merchant Card Processing Agreement (the Application and the Card Processing Agreement are collectively referred to as the Agreement) with Global Payments as follows:
Pricing
Interchange Pass Thru (0.00% + 0.00 P/I)
Authorization Fees: Visa / MC .25, Discover .30, Amex .21 Monthly Service Fee: $5.00
Annual Location Fee for MC: $15.00
Fixed Acquirer Network Fee (FANF): $2.90
Contract Term
The term of the Agreement will continue for from the last date of execution below (the Effective Date). This time period will be referred to as the Extended Term. At the expiration of the Extended Term, the Agreement will automatically renew for successive one-year periods (each a Renewal Term, and collectively with the Initial Term and the Extended Term, the Term) unless a party provides the other party with notice of its intent not to renew the Agreement at least 60 days prior to the expiration of the then current term.
Termination of the Agreement prior to the expiration of the Extended Term shall result in the assessment of an account closure fee for each terminating MID to be paid by Merchant as follows: (a) $250 if less than twelve months remaining from the date of termination to the end of the then current Term; or (b) $500 if more than twelve months remaining, or such portion of the foregoing as may be permitted by applicable law.
All other terms and conditions of the Agreement remain unchanged. This Client Satisfaction Offer and the details contained herein are confidential and may not be disclosed, displayed, or otherwise transmitted to any third party except to attorneys, accountants or other professional advisers as may be necessary to effect the purposes of this letter between the parties.
Sincerely,
TSYS Merchant Solutions, LLC DBA Global Payments Reviewed and Accepted by Merchant: By: ____________________________________________________________ By: ____________________________________________________________ Name: _________________________________________________________ Name: __________________________________________________________ Title: __________________________________________________________ Title: ____________________________________________________________ Date: ________________ Date: ____________________________________________________________ City Council 15 – 29 12/6/2022
City Council 15 – 30 12/6/2022
Community Development Agency
www.santa-ana.org/cda
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 6, 2022
TOPIC: Authorize a Purchase Agreement in the Amount of $765,000 for Full Real Property Acquisition for the 10th and Flower Park Project (Property Owner: Garnsey Corp)
AGENDA TITLE
Approve Purchase Agreement with Property Owner Garnsey Corp, for the Full Property Acquisition for the Real Property Located at 841 N Garnsey Street (APN 005-142-03) (Revive Santa Ana Program)
RECOMMENDED ACTION
Authorize the City Manager to execute a purchase agreement with property owner Garnsey Corp, for the full property acquisition for the real property located at 841 N Garnsey Street also identified as APN 005-142-03 (Property) in the amount of $765,000, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
In August 2022, the City Council approved American Rescue Plan Act (ARPA) Funding for the acquisition and expansion of parks and open space in the City of Santa Ana (City). The City also adopted a Parks Master Plan, in May 2022 that provides goals to develop parkland within a 10-minute walk for all residents, and three acres of parkland per 1,000 residents citywide. The acquisition of this property will assist in expanding the future 10th and Flower Park project boundaries to create a recreational amenity in a “park gap” area, serve four (4) adjacent neighborhoods and create this new park that was identified in the Parks Master Plan. The property is located in a qualified census tract and is necessary to expand the boundaries of the 10th and Flower Park, which was planned as a smaller 0.65-acre neighborhood park.
The property was listed for sale by the property owner, and the City was able to quickly begin negotiating with the property owner. The recommended property acquisition (Exhibit 1) and the mutually agreed upon purchase offer was determined based upon a broker opinion of value prepared by the City’s right-of-way consultant (Exhibit 2).
The property has two (2) families that will require relocation and a month-to-month lease agreement between the City and the tenants. The City Council will consider the lease agreement, relocation package and plan for relocation at a future City Council meeting.
City Council 16 – 1 12/6/2022
Real Property Purchase Agreement – 10th and Flower Park Project December 6, 2022
FISCAL IMPACT
Funds in the amount of $765,000 are budgeted and available in the ARPA account (no. 18117013-66100; Project# 22-1342) for property acquisition expenditures in FY 2022-
23. EXHIBIT(S)
1. Location Map
2. Purchase and Sale Agreement
Submitted By: Mike Garcia, Executive Director – Community Development Agency Approved By: Kristine Ridge, City Manager
City Council 16 – 2 12/6/2022
Original Proposed Boundary of – Approx. 0.65 acres
New Proposed Boundary – Approx. 0.88 acres
EXHIBIT 1
City Council 16 – 3 12/6/2022
PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT ( hereinafter “ PSA”), entered into on , 2022, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ( hereinafter “ City" or “ Buyer”), and, Garnsey Corp., a Delaware Corporation (" Seller"), regardless of number or gender;
THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property ( hereinafter " Said Real Property") legally described as follows:
SEE EXHIBIT “A” – Legal Description
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Commonly known as 841 North Garnsey Street, Santa Ana, CA 92701) APN: 005-142-03)
Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit:
1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of Ticor Title, Johna L. Cannon - Title Officer, 1500 Quail Street, 3rd Floor, Newport Beach, California, johna@ticortitle. com, within sixty ( 60) days from and after the date on which the City has approved this Agreement.
2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances ( whether monetary or non-monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance ( whether monetary or non-monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided.
3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of $765,000 (Seven Hundred Sixty Five Thousand Dollars) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances ( whether monetary or nonmonetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement.
City Council 16 – 4 12/6/2022
4. Escrow. City agrees to open an escrow at the office of Golden Coast Escrow, 130 Centennial Way, D, Tustin, California, ( the Escrow Agent) within five ( 5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within thirty (30) days of the City’s execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow.
Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow.
The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five ( 5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder.
City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re-conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240.
The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement.
5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed, as detailed in Exhibit "C" attached hereto and incorporated herein by this reference, conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller’s sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow.
All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City.
6. Payment of Purchase Price. City agrees to pay to Seller and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment ( improvements pertaining to the realty), goodwill ( if any), and severance damages, the total sum of $ 765,000 (Seven Hundred Sixty-Five Thousand Dollars). City agrees to deposit said purchase price, which are funds available from the American Rescue Plan Act as detailed in Exhibit “D”, in escrow with the Escrow Agent within THIRTY ( 30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after:
a) Conveyance of said real property by Seller to City as hereinabove provided; b) Acceptance by City of a Grant Deed conveying said real property to City; City Council 16 – 5 12/6/2022
c) Delivery to City of the policy of title insurance as hereinabove provided; d) Recordation of the Deed conveying said real property to City.
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property.
a. No later than fourteen ( 14) days after the close of escrow, Seller shall have removed all merchandise, inventory, equipment, personal property, and/or removable trade fixtures from the Property. Any merchandise, inventory, equipment, personal property, and/or removable trade fixtures at the Property as of fourteen ( 14) days after the close of escrow shall be deemed abandoned by Seller on that date.
8. Rental and Occupancy By Tenants. Seller acknowledges the presence of multiple tenants at the property. Seller agrees to execute a complete, current and correct statement of rentals ( Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen ( 15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month/360-day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow.
Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases ( written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements.
Tenants on the property at the time this Agreement is approved shall be eligible for relocation advisory and financial assistance to the extent required by state and/or federal law.
9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein.
10. Heirs, Assigns, Successors-in-Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto.
11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence.
12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment ( improvements pertaining to the realty), goodwill ( if any), and severance damages.
City Council 16 – 6 12/6/2022
13. Acknowledgment of Full Benefits and Release.
A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder (“ severance damages”); precondemnation damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of any “ bonus value” attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and/or personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property, or challenge Buyer’ s adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245. 245; any right to receive any notices pursuant to Code of Civil Procedure section 1245. 245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245. 245, 1263. 025 and 1263. 615; any other rights conferred upon Defendants pursuant to Code of Civil Procedure sections 1245. 245 and 1263. 615 and 1263. 025; and attorney’ s fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow.
B. This Agreement arose out of Buyer' s efforts to acquire the Property through its municipal authority.
Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives ( including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer' s efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer' s efforts to construct improvements on the Property.
This acknowledgment and release shall survive the Close of Escrow.
14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-25, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is P.O. Box 1536, Tustin, CA 92781- 1536.
15. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue( s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City.
17. Hazardous Waste. Neither Seller nor, to the best of Seller' s knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials (" Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is: ( i) defined as a " hazardous waste", " extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122. 7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter- Presley- Tanner Hazardous Substance Account Act), ( iii) defined as a "hazardous City Council 16 – 7 12/6/2022
material", " hazardous substance", or " hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), ( iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 ( Underground Storage of Hazardous Substances), ( v) petroleum, ( vi) asbestos, ( vii) polychlorinated biphenyls, ( viii) listed under Article 9 or defined as " hazardous" or " extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), ( x) defined as a " hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq. or ( xi) defined as a " hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. Section 9601 et seq. .
18. Compliance With Environmental Laws. To the best of Seller' s knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus.
19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense ( including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury ( including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment).
20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval.
21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City.
22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force.
23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA.
24. Governing Law . This PSA shall be governed by and construed in accordance with the laws of the State of California.
City Council 16 – 8 12/6/2022
25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question.
26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder.
27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents ( in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropr iate to effectuate the terms and conditions of this PSA, without cost.
28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA.
29. Authority to Execute Agreement. 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 PSA, 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.
30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA.
IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above.
signature blocks appear on next page]
City Council 16 – 9 12/6/2022
SELLER:
Date: ________________, 2022
Sheila Soledad Alvarez
President, Garnsey Corp
DRE No. 01843338
Date: ________________, 2022
City/Buyer :
City of Santa Ana
Date: ________________, 2022
Kristine Ridge
City Manager
Attest:
Date: ________________, 2022
City Clerk
Approved as to Form:
Date: _________________, 2022
John M. Funk
Chief Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Date: _________________, 2022
Mike Garcia
Executive Director
Community Development Agency
November 28,
sheila alvarez ( Nov 29, 2022 10:16 PST) Nov 29, 2022
City Council 16 – 10 12/6/2022
EXHIBIT “ A”
LEGAL DESRIPTION OF PROPERTY
Legal Description of 841 North Garnsey, Santa Ana, CA 92701 City Council 16 – 11 12/6/2022
EXHIBIT “B” (Golden Coast Escrow )
GENERAL ESCROW PROVISIONS
City Council 16 – 12 12/6/2022
SA
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SA
SA
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SA
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SA
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SA
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SA
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SA
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SA
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sheila alvarez ( Nov 29, 2022 10: 16 PST)
SA
City Council 16 – 21 12/6/2022
EXHIBIT “ C”
GRANT DEED
When recorded, please mail this
instrument and tax statements to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Free recording requested by
THE CITY OF SANTA ANA PER ________________ SPACE ABOVE THIS LINE FOR RECORDER' S USE ____________________ GOVERNMENT CODE SECTION 6103.
CANCEL
TAXES
x
APPROVED AS TO
FORM BY ATTY.
APPROVED BY
DIRECTOR
DESCRIPTION
WRITTEN BY
DESCRIPTION
CHECKED- O.K.
A. P. N.
005- 142- 03
R/W MAP
NUMBER
PROJECT
NUMBER
841 North Garnsey Street, Santa Ana, CA 92701 DEED NUMBER
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Garnsey Corp, a Delaware Corporation
Do Hereby Grant to the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, for public purposes, all that real property in the City of Santa Ana, Orange County, State of California, located at 841 North Garnsey Street, Santa Ana, CA 92701, described as follows:
SEE EXHIBIT “ A” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated : By:
Dated : By:
Nov 29, 2022 sheila alvarez (Nov 29, 2022 10:16 PST)
City Council 16 – 22 12/6/2022
EXHIBIT “A”
City Council 16 – 23 12/6/2022
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On _______________ before me, __________________________________________________, Notary Public, personally appeared ________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ________________________ ( Seal)
City Council 16 – 24 12/6/2022
EXHIBIT “D”
AMERICAN RESCUE PLAN ACT FINDINGS
The Purchase Price includes the use of American Rescue Plan Act funds that pursuant to 31 C.F.R. Section
35.6(b)(3)(ii)(A)(11) should be for “ A program, service, capital expenditure, or other assistance that is provided to a disproportionately impacted household, population, or community” that meets the following purpose( s):
iii) Investments in communities to promote improved health outcomes and public safety such as parks, recreation facilities, and programs that increase access to healthy foods.
The proposed park/ open space for which this parcel is being acquired has total capital expenditures of greater than or equal to $1 Million, but less than $ 10 million has the following written justifications:
The proposed park/open space was detailed as Project 22-1342: Addition of Park/ Open Space – Site Acquisitions, Expenditure Category: 2.22, Strong Healthy Communities: Neighborhood Features that Promote Health and Safety in The City of Santa Ana 2022 Recovery Plan Performance Report.
The project goal is to purchase additional open space for the 10th/Flower Properties for the development of a park with Outcome Measures to create additional open space that promotes health and safety.
Project 22-1342 is in Qualified Census Tract 750.02 and was identified as providing Services to Disproportionately Impacted Communities ( EC 3) to allow the addition of a park/open space area that will consist of an expansion of green space and allow for healthy activities for our community members to participate in; and would improve the health and wellbeing of residents through exercise and activity.
City Council 16 – 25 12/6/2022
PSA 841 N Garnsey - revised 11-28-22
Final Audit Report 2022- 11-29
Created: 2022- 11-29
By: Perla Zuniga ( pzuniga@santa- ana. org)
Status: Signed
Transaction ID: CBJCHBCAABAAE7mwchqYPIGGZNgq7_ QUdZ8IMuaW1g9x PSA 841 N Garnsey - revised 11-28-22" History
Document created by Perla Zuniga ([email protected]) 2022- 11- 29 - 5:55:26 PM GMT- IP address: 98.153. 69.210 Document emailed to sheila alvarez ([email protected]) for signature 2022- 11- 29 - 6:04:33 PM GMT
Email viewed by sheila alvarez ( sheila@nationonere. com) 2022- 11- 29 - 6:07:48 PM GMT- IP address: 104. 28.85.123 Document e-signed by sheila alvarez ([email protected]) Signature Date: 2022- 11-29 - 6:16:25 PM GMT - Time Source: server- IP address: 172. 89.32.236 Agreement completed.
2022- 11- 29 - 6:16:25 PM GMT
City Council 16 – 26 12/6/2022
Community Development Agency
santa-ana.org/cd
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 6, 2022
TOPIC: Approve Street Outreach and Engagement Agreement with City Net AGENDA TITLE:
Approve an Agreement with City Net to Provide Street Outreach and Engagement Services for Quality-of-Life Services, in an Amount not to Exceed $2,801,700.10 beginning January 1, 2023 through December 31, 2023 (Non-General Fund and Revive Santa Ana Program)
RECOMMENDED ACTION
1. Authorize the City Manager to execute an agreement with City Net in an amount not to exceed $2,801,700.10 for the Santa Ana Multidisciplinary Street Outreach and Engagement (SMART) Program that responds to reports for quality-of-life services from January 1, 2023 through December 31, 2023, with provision for three (3) optional one-year extensions as authorized by the City Manager, subject to non-substantive changes approved by the City Manager and City Attorney.
2. Authorize the City Manager to execute agreements required by state or federal agencies for the use of HHAP and ARPA funding.
DISCUSSION
City Net (City Net is a DBA of Kingdom Causes, Inc.) was founded in 2003 to address homelessness in the City of Long Beach that would collaborate with faith-based organizations, non-profits, and city departments. Their efforts led to a 26% reduction in homelessness in the City of Long Beach, and since then City Net has become recognized as one of the largest and effective providers of street outreach and engagement services.
Their program has been utilized by the cities of Anaheim, Bellflower, Brea, Buena Park, Costa Mesa, Chula Vista, Corona, Cypress, Fullerton, Garden Grove, La Habra, La Palma, Lake Forest, Newport Beach, Placentia, San Clemente, Santa Barbara, Santa Maria, Stanton, Temecula, Tustin and Westminster. Counties such as Orange, Riverside and Santa Barbara have contracted with City Net to address homelessness along flood control properties, parks, and other county properties.
City Net focuses on a collaborative approach with agencies to help direct individuals from living on the streets to obtaining shelter “street exits.” As an experienced service provider, the City of Santa Ana (City) partnered with City Net through a small grant funded through the Department of Housing and Urban Development in 2016 for outreach and engagement services. This initial grant led to case management services provided to City Council 17 – 1 12/6/2022
Approve Street Outreach and Engagement Agreement with City Net December 6, 2022
400 unhoused individuals in and around the Civic Center on a limited hours contract. City Net provides subject matter experts who are highly trained in crisis intervention, mental health, addiction, and medical services as they work cooperatively with the City to assist homeless individuals out of homelessness. In 2019 to increase outreach and engagement services, the City expanded City Net’s contract to five (5) days per week from 7 a.m. to 5:30 p.m. and teamed up with Santa Ana Police Department to respond to calls together two (2) days per week.
The City wanted to provide an effective response to those experiencing homelessness by contracting with a homeless service provider to transition calls for service to subject matter experts trained in crisis intervention, mental health, addiction, and medical services. Following a competitive bid process via Request for Proposals No. 21-061 (RFP), the City Council approved Agreement No. A-2021-196 with City Net to commence a street outreach and engagement pilot program. In 2021, the City of Santa Ana engaged City Net as a non-law enforcement led, homeless outreach and engagement resource.
City Net has provided responsive outreach and engagement with those individuals currently experiencing homelessness through a dedicated dispatch center, integration via the mySantaAna App and established relationships with virtually all City Departments including the Santa Ana Police Department.
Street outreach efforts in Santa Ana are systematic, coordinated and comprehensive. City Net provides the City, trauma informed outreach and engagement activity with individuals who often require consistent and ongoing contacts before they choose to accept services.
It is persistent outreach and encouragement by outreach workers that may lead to shelter, mental health treatment, substance abuse treatment, or a permanent housing option. It is not uncommon for many to resist group shelter, wanting a space to call their own. For those contacts where, emergency shelter is not an option, case management occurs on our streets.
Santa Ana’s Multi-Disciplinary Homeless Response Team, the SMART program, is designed to respond not only to the immediate crisis of homelessness, but also to contribute to the longer-term healing of homeless individuals. SMART goals were established as follows:
1. Exit homeless individuals from the streets of Santa Ana,
2. Divert 500 calls a month for non-emergency, homeless related services,
3. Provide COVID-19 information and interventions, and
4. Develop a regional response to homelessness through the Orange County Continuum of Care.
An added benefit of SMART is to provide trained outreach staff the opportunity to work with the unhoused in the City and help lessen the impact on police services. From 2017 to 2020, the Santa Ana Police Department experienced an increase of 82% in calls for service related to homelessness.
City Council 17 – 2 12/6/2022
Approve Street Outreach and Engagement Agreement with City Net December 6, 2022
One of the beneficial program goals of SMART is to divert 500 calls per month for nonemergency, non-violent, homeless-related services to City Net. During the first six months of SMART’s activities and over 1,000 homeless-related calls were diverted on a monthly basis as determined by a detailed examination of the SMART Pilot Program (Exhibit 3).
This evaluation of the SMART pilot program includes a detailed analysis of the services provided. Throughout the SMART program Santa Ana Police Department continues responding to calls for service (9,758 transient-related calls); however, the SMART program allowed City Net staff to respond to 4,383 additional calls for service. The SMART response to calls for service is very important because it helps divert non-violent, non-emergency related calls to City Net trained staff and lessen the impact on the Santa Ana Police Department. This diversion of calls appropriately provides the correct response to the SMART program and allows police services to focus on calls for service for criminal activity.
The 4,383 calls diverted to City Net is a result of public outreach and marketing of the SMART hotline. These calls for service were comprehensively analyzed to obtain an indicator of responsiveness of SMART services.
As an indicator of responsiveness of SMART services, average response times to 4,383 calls was 32 minutes, with a time on scene of 21 minutes (see page 5 of Exhibit 3).
After analyzing the service calls provided to City Net staff, data analyzed to determine the effectiveness of the response to calls for service provided by SMART. The contact with individuals in the field resulted in the following:
• 1,399 individuals contacted (name and date of birth details were obtained), • 472 street exits to shelters (average of two (2) street exits per day), and • 987 individuals enrolled in case management through the countywide homeless management information system and the countywide coordinated entry system (see page 4 of Exhibit 3).
Incoming Calls/mySanta Ana app Referrals Received – 4,383 Dec. 1, 2021 to May 17, 2022 Direct Calls 2,784
Calls Directed from SAPD/OCFA 589
mySantaAna app requests 570
City Net call for service identified homeless issue in the Field 440 City Council 17 – 3 12/6/2022
Approve Street Outreach and Engagement Agreement with City Net December 6, 2022
Street exits are difficult to obtain and often involve multiple contacts with the same individual to convince them that it is time to get off the street and into shelter, permanent support housing or housing with family or friends. Given these results increasing the contract with City Net will achieve continued services that are critical to address homelessness in the City.
On July 19, 2022, City Council approved a six-month amendment to extend the pilot program agreement with City Net through December 31, 2022, and directed staff to continue analyzing the program and identify achievable performance metrics that would be codified within the next SMART contract. Staff and City Net worked together to address City Council direction by incorporating specific performance metrics highlighted by involved Departments as areas where increased outreach could enhance the City’s overall mission to reduce homeless activity.
To ensure City Net is meeting overall metrics (with particular emphasis on street exits) during the proposed Agreement with City Net (January 1, 2023 through December 31, 2023 with three (3) optional one-year extensions), the proposed SMART contract withholds ten percent (10%) of the total contract value pending a quarterly evaluation of performance by City staff. City Net will submit a refined monthly report to capture information for staff to compare to previous months and determine if they are on track to meet the quarterly goal.
These transparent data reports will provide a new level of insight into who is assisted and how the overall rehousing system works. Staff will use these reports to make data driven decisions regarding future program funding, recognizing gaps in populations served and types of services needed.
City Net’s deliverables for the first year of this Agreement will include the below listed specific metrics, which must be achieved in order for the remaining 10 percent of the contract to be released to City Net:
Quarterly Goal Annual Goal
Street Exits 150 600
Outreach Contacts 1,312 5,250
COVID-19 Engagements 125 500
Calls Dispatched 1,750 7,000
Case Management 200 800
Since the inception of the SMART in December 1, 2021, City Net has made over 5,826 street contacts and has exited over 976 individuals from the streets of the City and handled 11,017 dispatched calls as of November 27, 2022 (see Exhibit 2). After evaluation, City staff believes that SMART proved to be successful and recommends awarding a new agreement with City Net to allow for the provision of services through City Council 17 – 4 12/6/2022
Approve Street Outreach and Engagement Agreement with City Net December 6, 2022
calendar year 2023 with three (3) optional one-year extensions as authorized by the City Manager.
FISCAL IMPACT
Fiscal
Year
Accounting
Unit-Account
Fund Description Accounting Unit,
Account
Description
Amount
FY 22-23 18118013-69135 American Rescue Plan
Act
ARPA-CDA, Payment
to Subagent
$1,173,500
FY 22-23 12218716-69135 Emergency and Health
Grants
HHAP 2 –
Payment to Subagent
$ 250,000
FY 23-24 12218717-69135 Emergency and Health
Grants
HHAP 3 –
Payment to Subagent
$1,378,200.10
Total $2,801,700.10
Funding may vary slightly depending upon budget remaining from Fiscal Year 22-23 invoices for street outreach and engagement services.
EXHIBIT(S)
1. Agreement with City Net
2. City Net Pictograph
3. Evaluation of SMART Program
4. PowerPoint – Smart Pilot Program
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
City Council 17 – 5 12/6/2022
1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
KINGDOM CAUSES, INC. DBA CITY NET FOR
STREET OUTREACH AND ENGAGEMENT SERVICES
THIS STREET OUTREACH AND ENGAGEMENT AGREEMENT (“Agreement”) is made and entered into on this 6th day of December, 2022, by and between Kingdom Causes, Inc., dba City Net, a California nonprofit corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. In April, 2021, the City released Request for Proposals #21-061 (“RFP”) for the Homeless Outreach – Street Outreach and Engagement pilot program in the City of Santa Ana, which is service delivery for the specific purpose of reaching out to unsheltered homeless neighbors; connecting them with emergency shelter, housing, or critical services; and providing urgent, non-facility-based care. The RFP allowed for selection of vendor to provide services for up to two (2) years with extensions.
B. On October 6, 2021, the Parties entered into Agreement #A-2021-096 for said services and included the RFP as an exhibit to the Agreement #A-2021-096. On July 19, 2022, City Council approved a six-month amendment to extend Agreement #A-2021-096 with City Net through December 31, 2022.
C. City seeks a Contractor which is qualified by experience, preparation, organization, staffing and management to operate programs on behalf of homeless individuals and is familiar with existing homeless services in the City. The City finds that the pilot program with City net was successful. Therefore, under the scope of the RFP, and by the services provided under Agreement #A-2021-096, the City seeks to engage Contractor to continue its Street Outreach and Engagement services in the City of Santa Ana consistent with requirements and term provided in the RFP.
D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations, including all labor, materials, tools, equipment, and incidental customary work, required to fully and adequately complete the services described and set forth in the Scope of Work attached hereto as Exhibit A.
City Council 17 – 6 12/6/2022
2 2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges detailed in the Budget attached hereto as Exhibit B.
The total sum to be expended during the term of this Agreement shall not exceed $2,801,700.10, including any extension periods exercised under Section 3. 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, or shall be refunded, for work that fails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by City.
c. The compensation required pursuant to this Agreement will be paid by City to Contractor from multiple federal, state, and local funding sources (each individually a "Funding Source" and cumulatively the "Funding Sources"), including, but not limited to, the following:
i. HHAP
ii. ARPA
Contractor will be required to enter into a separate funding agreement for each Funding Source. Contractor will be required to comply with all requirements of each Funding Source, as detailed in the separate funding agreements. The total amount of compensation in said funding agreements shall count toward the total amount due and owing from City to Contractor under this Agreement, not compensation in addition to the total amount of this Agreement. If Contractor does not execute any of the separate funding agreements, Contractor will forfeit that amount of funding from that Funding Source, and City will have the option to terminate this Agreement pursuant to the terms of Section 15, below. Additionally, in the event any Funding Source is reduced by 25% or more, City will have the option to terminate this Agreement pursuant to the terms of Section 15, below.
3. TERM
This Agreement shall commence on January 1, 2023, and continue through December 31, 2023, unless terminated earlier in accordance with Section 15 below. The term of this Agreement may be extended up to three (3) additional one (1) year terms upon a writing executed by the City Manager and City Attorney.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall City Council 17 – 7 12/6/2022
3 it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees, or subcontractors.
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 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: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Not required if an automobile is not required to fulfill services.)
City Council 17 – 8 12/6/2022
4 3. Workers’ Compensation: insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions): Insurance appropriates to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If applicable.)
5. Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.
6. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions – The insurance policies are to contain, or be endorsed to contain, the following 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 Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage City Council 17 – 9 12/6/2022
5 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 selfinsured 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: If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.
9. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
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.
7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and City Council 17 – 10 12/6/2022
6 hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
10. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential Information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential Information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that: (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor, disclosed in a publicly available source; (c) is in rightful possession of the City Council 17 – 11 12/6/2022
7 Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or, (e) is independently developed by the Contractor without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
City Council 17 – 12 12/6/2022
8 a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
City Council 17 – 13 12/6/2022
9 Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To City Net:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
{Signatures on following page}
Brad Fieldhouse
Executive Director
City Net
PO Box 90243
Long Beach, CA 90809
323-485-8881
City Council 17 – 14 12/6/2022
City Council 17 – 15 12/6/2022
EXHIBIT A
Scope of Work
City Council 17 – 16 12/6/2022
2023 Santa Ana SMART
Scope of Work
City Net – Local Field Office: 611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 1 Project Overview
City Net respectfully proposes to continue the innovative response to traditional street outreach and engagement in the form of the Santa Ana Multi-Disciplinary Response Teams (SMART).
SMART provides an immediate response to calls for service to the city and to the Santa Ana Police Department (SAPD) that deal with quality-of-life issues that do not rise to the level of criminal activity or public safety. These calls for service generally regard homelessness, individuals dealing with mental health concerns and substance abuse.
The city of Santa Ana will divert calls from SAPD and from other city agencies to SMART teams to provide street outreach and engagement services that were previously provided by SAPD. The goal is to transition calls to subject matter experts who are highly trained in their profession of homeless services, crisis intervention, mental health, addiction and medical services in order to provide the best response to those in need. These experts rely on trauma informed techniques to de-escalate situations and bring them to a non-violent resolution. SMART teams only request the SAPD to respond if the situation presents criminal activity or public safety concerns.
Multi-disciplinary teams consist of homeless services outreach workers and a dedicated live call center with trained dispatchers. Outreach teams have direct access to professionals in the fields of medical health, mental health and behavioral health to provide specialized interventions in the field as needed without the need for an additional call. Teams will work across the city seven days a week from 7:00 am-9:00 pm responding to the community's needs for homeless services interventions.
Goals
1. Exit homeless neighbors from the streets of Santa Ana.
2. Divert homeless services calls that do not rise to the level of criminal activity or public safety from the city and from SAPD to multi-disciplinary team of homeless services professionals.
3. Provide safe COVID information and interventions to vulnerable homeless neighbors.
4. Develop a pilot for a regional response to homelessness that connects homeless neighbors to housing solutions throughout the region, through full participation in the Orange County Continuum of Care (CoC).
Compensation Tied to Performance
The city of Santa Ana will withhold ten percent of the total contract value pending a quarterly evaluation of performance to ensure City Net is meeting overall objectives, with particular emphasis on street exits. As City Net achieves quarterly street exit goals (see below), the city will reimburse 2.5% of the value of the contract per quarter. If goals are not met, this money will be withheld pending comprehensive performance review.
City Council 17 – 17 12/6/2022
2023 Santa Ana SMART
Scope of Work
City Net – Local Field Office: 611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 2 Deliverables (see endnotes for descriptions of terms below) City Net will provide street outreach and engagement services to 5,250 (duplicated) homeless neighbors in Santa Ana, with 600 (unduplicated) persons linked to shelter and housing:
Quarterly Goal Annual Goal
Street Exitsi 150 600
Outreach Contactsii 1,312 5,250
COVID-19 Engagementsiii 125 500
Calls Dispatchediv 1,750 7,000
Case Managementv 200 800
Program Performance Outcomes Matrix
2023 Santa Ana SMART
Regional DirectorProgram Supervisors Dispatch StaffCase ManagersMSW Clinicians Data AnalystExecutive LEadership Performance Outcome Outcome Metric
Street Exits 150 street exits/quarter C A I R I I
Outreach Contacts 1,312 Outreach Contacts/quarter C A I R I I I COVID Engagements 500 COVID engagements/quarter C A I R I I Case management 200/quarter C A I R I I I
Calls dispatched 1,750 calls dispatched/quarter C A R I I I Mental Health
Assessments
10 mental health
assessments/quarter C A I C R I I
Data Quality (HMIS) 100% complete/timely data C A C R I Key
Responsible (R): Those who do the work to achieve the task.
Accountable (A): The one ultimately accountable for the correct and thorough completion of the deliverable or task, and the one to whom Responsible staff are accountable. There is only one person accountable for each task or deliverable.
Consulted (C): Those whose opinions are sought; and with whom there is two-way communication.
Informed (I): Those who are kept up-to-date on progress, often only on completion of the task or deliverable; and with whom there is just one-way communication.
City Council 17 – 18 12/6/2022
2023 Santa Ana SMART
Scope of Work
City Net – Local Field Office: 611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 3 Types of Services
City Net street outreach services include services in the following categories: engagement services, case management, emergency health, emergency mental health, transportation, services for special populations, and COVID-19 services.
These activities are intended to help homeless neighbors obtain appropriate supportive services, including assistance in obtaining permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living.
Supportive services may include providing access to and assistance in obtaining:
• Medicaid/Medi-Cal
• Women, Infants and Children (WIC)
• Food Stamps/Cal-Fresh/EBT
• Federal-State Unemployment Insurance Program
• Social Security Disability Insurance (SSDI)
• Supplemental Security Income (SSI)
• General Relief (GR)
• Other mainstream resources such as housing, health, social services, employment, education services and youth programs that an individual or family may be eligible to receive.
Engagement Services
Engagement Services are activities to locate, identify, and build relationships with unsheltered homeless individuals to offer immediate support, intervention, and connections with homeless assistance programs and/or mainstream social services and other housing programs. Specific activities include:
• Conducting an initial assessment of client needs and eligibility • Providing informal crisis counseling
• Addressing urgent physical needs, such as providing meals, blankets, clothes, or toiletries • Actively connecting and providing information and referrals to needed services.
Case Management
Case management activities to assess housing and service needs and arrange, coordinate and/or monitor the delivery of individualized services. Specific activities include:
• Assessment and intake using HMIS
• Conducting initial evaluations including, verifying and documenting eligibility • Counseling
• Developing/securing/coordinating services
• Helping obtain Federal, State, and local benefits
• Monitoring and evaluating program participant progress in particular programs • Providing information and referrals to other providers City Council 17 – 19 12/6/2022
2023 Santa Ana SMART
Scope of Work
City Net – Local Field Office: 611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 4 • Developing an individualized housing stabilization plan that leads to the attainment of stable permanent housing.
Emergency Health
City Net will refer homeless neighbors to emergency health services to the extent that other customary emergency health services and treatments are unavailable or inaccessible to the homeless neighbor. An example of emergency health services to which City Net will refer homeless neighbors is outpatient treatment of urgent medical conditions by licensed medical professionals in community-based settings (e.g., streets, parks, and campgrounds) to those eligible participants unwilling or unable to access emergency shelter or an appropriate healthcare facility. City Net may assist healthcare professionals in the case management aspects of the following activities:
• Assessing health problems and developing treatment plans • Assistance in understanding health needs
• Providing directly or assisting to obtain appropriate emergency medical treatment • Providing medication and follow-up services.
Emergency Mental Health
City Net will refer homeless neighbors to emergency mental health services to the extent that other customary emergency mental health services and treatments are unavailable or inaccessible to the homeless neighbor. An example of emergency health services to which City Net will refer homeless neighbors is outpatient treatment of urgent mental health conditions by licensed professionals in community-based setting (e.g., streets, parks, and campgrounds) to those eligible participants unable or unwilling to access emergency shelter or an appropriate mental health care facility. City Net may assist mental healthcare professionals in the case management aspects of the following activities:
• Crisis intervention
• Prescription of psychotropic medications
• Explanation about the use and management of medications • Combinations of therapeutic approaches to address multiple problems.
Transportation
Occasionally, City Net may engage in transportation activities, including:
• Transporting unsheltered people to emergency shelters, emergency health, emergency mental health, or other service facilities
• Provision of public transportation for participants
• Transportation costs (bus tickets, gas, minor car repairs, etc.) to assist homeless neighbors to relocate out of the region, provided they have permanent housing there. • Assisting program participants to use public transportation.
Services for Special Populations
City Council 17 – 20 12/6/2022
2023 Santa Ana SMART
Scope of Work
City Net – Local Field Office: 611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 5 Services for special populations are essential services that have been tailored to address the special needs of homeless youths, victims of domestic violence, dating violence, sexual assault, or stalking, including connections to services offered by rape crisis centers, domestic violence shelters, and other organizations that serve persons who meet the HUD homeless definition and have special needs.
Food and Emergency Services
Food and other emergency services will be given to clients primarily as they first move into housing and for emergency circumstances. During the duration of their tenancy, clients will be connected to food banks and service agencies in the community as their primary resource for emergency needs.
COVID-19 Services
COVID-19 has caused widespread concern for the health and safety of those experiencing homelessness, as well as concern for the environment and safety of greater community members and visitors. Living unsheltered may allow people to increase physical distance between themselves and others. However, sleeping outdoors does not provide protection from the environment, personal safety, adequate access to hygiene and sanitation facilities, or connection to services and healthcare.
During the pandemic, City Net’s street outreach and engagement staff are ensuring that unsheltered homeless neighbors have access to services and updated information about COVID-19, by working to:
• Provide information to educate people about COVID-19: where they can get tested, how it spreads, health impacts, common symptoms, and other features of the disease. • Use health messages and materials developed by credible public health sources, such as local and state public health departments or the Centers for Disease Control and Prevention (CDC). • Provide educational materials about COVID-19 for non-English speakers, those with low literacy or intellectual disabilities, and people who are hearing or vision impaired. • Ensure communication with clients about changes in homeless services policies and/or changes in physical location of services such as food, water, hygiene facilities, regular healthcare, and behavioral health resources.
• Provide health and hygiene interventions:
o Recommend that all clients wear masks any time they are around other people, noting exceptions such as young children under age 2, anyone who has trouble breathing, or is unconscious, incapacitated, or otherwise unable to remove the mask without assistance.
o Provide clients with hygiene materials including items such as hand sanitizer, soap, shampoo, cleansing wipes, socks, blankets, non-perishable snacks, bottled water, sunscreen, gloves, toothbrush, toothpaste, and other items depending on client needs. o Discourage clients from spending time in crowded places or gathering in large groups, for example at locations where food, water, or hygiene supplies are being distributed.
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2023 Santa Ana SMART
Scope of Work
City Net – Local Field Office: 611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 6 o If it is not possible for clients and staff to avoid crowded places, encourage spreading out (at least 6 feet between people) to the extent possible. • Encourage proper waste disposal to prevent spread of disease and minimize risk. • Continue providing linkages to homeless services, housing, medical, mental health, and substance use treatment, including provision of medication-assisted therapies. • Maintain up-to-date contact information and areas frequented for each person. • Coordinate, integrate, and leverage resources to maximize impact of services for individuals who are experiencing homelessness.
• Engage individuals and families not yet working with a CES Partner Agency, with a primary focus on unsheltered families and individuals in encampments. • Conduct frequent visits to encampments known to have persons experiencing homelessness throughout the city.
General Approach
City Net engages in street outreach services for homeless neighbors as described below.
Housing First
All City Net programs are informed by and consistent with Housing First principals. Housing First is an approach to serving people experiencing homelessness that recognizes a homeless person must first be able to access a decent, safe place to live, that does not limit length of stay (permanent housing), before stabilizing, improving health, reducing harmful behaviors, or increasing income. Under the Housing First approach, anyone experiencing homelessness is connected to a permanent home as quickly as possible, and programs remove barriers to accessing the housing, like requirements for sobriety or absence of criminal history. It is based on Maslow’s hierarchy of needs: people must access necessities—like a safe place to live and food to eat—before being able to achieve quality of life or pursue personal goals. Finally, Housing First values choice not only in where to live, but whether to participate in services.
Trauma-Informed Care
City Net assumes that individuals and families who are homeless have been exposed to trauma. Research has shown that individuals who are homeless are likely to have experienced some form of previous trauma; homelessness itself can be viewed as a traumatic experience; and being homeless increases the risk of further victimization and retraumatization.
Therefore, our programs, policies and procedures are designed not only to respond to the immediate crisis of homelessness, but also to contribute to the longer-term healing of homeless individuals. TraumaInformed Care (TIC) offers a framework for providing services to traumatized individuals within a variety of service settings, including homelessness service settings.
Since trauma also influences how people approach and respond to services, City Net strives to recognize City Council 17 – 22 12/6/2022
2023 Santa Ana SMART
Scope of Work
City Net – Local Field Office: 611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 7 trauma symptoms, acknowledge the role that trauma has played in clients’ lives, and better understand and address the needs of those with trauma histories. The goal of this approach is to avoid retraumatization and exacerbation of trauma symptoms.
This change in understanding can be illustrated by the difference between the questions “What’s wrong with you?” vs. “What has happened to you?” While the terms violence, trauma, abuse, and post-traumatic stress disorder (PTSD) are frequently used interchangeably, it is useful to think of trauma as a response to violence or other overpowering negative experience such as abuse. Trauma refers to both the event and the particular response to an event. PTSD is one type of disorder resulting from trauma. Becoming “traumatized” varies greatly among individuals, and not everyone exposed to a potential traumatic event will be traumatized. Trauma begins with an event or experience that overwhelms normal coping mechanisms. There are physical and psychological reactions—which are normal—in response.
Retraumatization refers to the psychological and/or physiological experience of being “triggered,” i.e., when an environmental cue related to the trauma—such as a smell or a sound—triggers a full fight-or-flight response. Although environmental triggers cannot be eliminated, City Net seeks to create an environment— both a physical environment, and a framework of compassionate understanding in which the trauma survivor feels safe.
Motivational Interviewing
City Net employs Motivational Interviewing (MI) techniques in its programs. MI is a counseling method that helps people resolve ambivalent feelings and insecurities to find the internal motivation they need to change their behavior. It is a practical, empathetic, and short-term process that takes into consideration how difficult it is to make life changes.
The core components of MI are to:
• Express and show empathy towards clients
• Support and articulate discrepancies between clients’ goals and choices that take them away from goals
• Deal with resistance without confrontation
• Support self-efficacy
• Support client autonomy
Continuum of Care Participation
Since the inception of our work in Santa Ana in 2016 (when we were contracted to offer meals, supportive services and case management at the Courtyard in a county contract), City Net has been a full participant in the Orange County Continuum of Care (CoC).
City Net staff are regular participants in CoC Coordinated Entry System (CES) case conferencing meetings, data committee meetings, street outreach and engagement committee meetings, among City Council 17 – 23 12/6/2022
2023 Santa Ana SMART
Scope of Work
City Net – Local Field Office: 611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 8 others.
In addition, City Net Chief Program Officer Jessica Bruce co-chairs the CoC Street Outreach Committee, and City Net Executive Vice President Matt Bates is an elected member of the CoC Board of Directors, and an appointee to the Systems, Policies and Procedures committee and is a CoC Board of Directors representative on the Commission to End Homelessness.
HMIS
All clients in this proposed project will be entered into/screened through the Orange County Homeless Management Information System (HMIS) and, as appropriate for prospective candidates, the Coordinated Entry System (CES). City Net staff are trained in these systems, and our written policies and procedures state their work must be coordinated through these systems.
In addition to assuring that resources flow to the most vulnerable homeless individuals (through CES), these systems also provide a safeguard against duplication of services because we can see in HMIS what other services and benefits the client is receiving, as well as the agency who may be providing these services. Our case managers and housing navigators are trained to reach out to their counterparts at these other agencies to confirm provision of services, to case conference, and to clarify any questions around potential duplication.
Of relevance to this proposal, in Orange County, City Net has provided assessments and intakes to thousands of clients in partnership with the county, including in the following projects:
• Orange County Flood Control Channel (outreach, engagement, bridge housing) • Courtyard Transitional Center (case management, connections to housing) • HEAP/HDAP (outreach and engagement, assessments, housing) • Santa Ana Armory (shelter operations, case management) Permanent Housing
Case managers link clients to the Coordinated Entry System (CES) to provide ongoing engagement, document collection, and case management services to facilitate a match to an appropriate permanent housing resource. Case managers also provide services in the context of CES, which is voluntary and client-centered, with the goal of identifying strengths and client-directed goals, while promoting health, recognition, and well-being with a focus on linking the client to a permanent housing resource and providing the necessary services needed to promote housing stability.
Client Referral Process
In accordance with our street outreach and engagement policies and procedures, City Net staff record all assessments and subsequent services in the Homeless Management Information System (HMIS), which requires them to enter and maintain timely and complete client data.
City Council 17 – 24 12/6/2022
2023 Santa Ana SMART
Scope of Work
City Net – Local Field Office: 611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 9 City Net Case Managers and Housing Navigators are oriented to and trained in resources, homeless services, and organizations for collaboration and referral. They are highly trained to connect residents to shelter and housing resources, including in case managing clients from the streets into permanent supportive housing through CES. Staff representatives attend the local CoC meetings-- Homeless Provider Forum, Case Management Forum, Implementation Committees and the like. Resource lists are updated regularly and kept on‐site. Protocols for offering and accepting referrals from other agencies are reviewed by staff, updated, shared, and kept in a manual in the City Net offices.
City Net will refer homeless neighbors to emergency health and/or emergency mental health services to the extent that other customary emergency health services and treatments are unavailable or inaccessible to the homeless neighbor. A referral example is outpatient treatment of urgent medical conditions by licensed medical professionals in community-based settings (e.g., streets, parks, and campgrounds) to those eligible participants unwilling or unable to access emergency shelter or an appropriate healthcare facility.
City Council 17 – 25 12/6/2022
2023 Santa Ana SMART
Scope of Work
City Net – Local Field Office: 611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 10 Reporting
City Net will submit weekly dashboard reports that provide totals from the previous week and cumulative totals from project inception. Monthly, quarterly, and Project-to-Date reports, with cumulative data will be produced periodically and upon request. The following data elements will be included:
• Outreach Contacts
• Case Management
• Street Exits
• COVID-19 Engagements
• Calls Dispatched
A sample weekly report is copied here:
City Council 17 – 26 12/6/2022
2023 Santa Ana SMART
Scope of Work
City Net – Local Field Office: 611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 11 i Street Exits are defined by HUD and enumerated in the HUD systems performance report, and City Net uses these designations for all street exits achieved through the efforts of two or more agencies working together within the context of the homeless collaborative in the city. HUD designates some of these street exits as “temporary” and some as “permanent”, and City Net exercises discretion to count as exited those homeless neighbors who have a reasonable plan in place to move from temporary shelter to permanent housing. Street exits may also reflect duplicated numbers as individuals may enter, then exit, then reenter shelter/housing multiple times during the reporting period, and HUD guidelines require that City Net count these as multiple street exits even when referring to a single individual. ii Outreach Contacts reflect the number of interactions for the specific purpose of reaching out to unsheltered homeless neighbors in a process of building trust and offering support toward the long-term goal of connecting them with emergency shelter, housing, or critical services; and providing urgent, non-facility-based care. These activities are intended to help homeless neighbors to obtain appropriate supportive services, including assistance in obtaining permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living; housing stability case management; and other Federal, State, local, or private assistance available to assist the program participant in obtaining housing stability. This number can include multiple contacts with a single individual within any given reporting period.
iii COVID-19 Engagements reflect the number of interactions by City Net’s street outreach and engagement staff to ensure that unsheltered homeless neighbors have access to services and updated information about COVID-19, by working to:
• Provide information to educate people about COVID-19: where they can get tested, how it spreads, health impacts, common symptoms, and other features of the disease.
• Use health messages and materials developed by credible public health sources, such as local and state public health departments or the Centers for Disease Control and Prevention (CDC). • Provide educational materials about COVID-19 for non-English speakers, those with low literacy or intellectual disabilities, and people who are hearing or vision impaired. • Ensure communication with clients about changes in homeless services policies and/or changes in physical location of services such as food, water, hygiene facilities, regular healthcare, and behavioral health resources. • Provide health and hygiene interventions:
o Recommend that all clients wear masks any time they are around other people, noting exceptions such as young children under age 2, anyone who has trouble breathing, or is unconscious, incapacitated, or otherwise unable to remove the mask without assistance.
o Provide clients with hygiene materials including items such as hand sanitizer, soap, shampoo, cleansing wipes, socks, blankets, non-perishable snacks, bottled water, sunscreen, gloves, toothbrush, toothpaste, and other items depending on client needs.
o Discourage clients from spending time in crowded places or gathering in large groups, for example at locations where food, water, or hygiene supplies are being distributed. o If it is not possible for clients and staff to avoid crowded places, encourage spreading out (at least 6 feet between people) to the extent possible.
• Encourage proper waste disposal to prevent spread of disease and minimize risk. • Continue providing linkages to homeless services, housing, medical, mental health, and substance use treatment, including provision of medication-assisted therapies.
• Maintain up-to-date contact information and areas frequented for each person. • Coordinate, integrate, and leverage resources to maximize impact of services for individuals who are experiencing homelessness.
City Council 17 – 27 12/6/2022
2023 Santa Ana SMART
Scope of Work
City Net – Local Field Office: 611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 12 • Engage individuals and families not yet working with a CES Partner Agency, with a primary focus on unsheltered families and individuals in encampments.
• Conduct frequent visits to encampments known to have persons experiencing homelessness throughout the city. • Record all assessments and subsequent services in the Homeless Management Information System (HMIS). Enter and maintain timely and complete client data.
• Link clients to the Coordinated Entry System (CES) to provide ongoing engagement, document collection, and case management services to facilitate a match to an appropriate housing resource. • Case Management in the context of CES, which is voluntary and client-centered, with the goal of identifying strengths and client-directed goals, while promoting health, recognition, and well-being with a focus on linking the client to a permanent housing resource and providing the necessary services needed to promote housing stability.
This number can include multiple contacts with a single individual within any given reporting period. iv Calls Dispatched refers to the volume of calls that are received and handled by City Net Dispatch. These calls are received from the following sources: Santa Ana First Responders (SAPD, Santa Ana Fire and Rescue, Santa Ana city staff, etc.), Community Calls, and mySantaAna app/web referrals, as well as proactive calls that SMART teams log as they conduct street outreach and engagement on the streets of Santa Ana. Calls Dispatched do not translate 1:1 to Outreach Contacts because SMART may receive multiple calls for a single individual, and, in other cases, teams may arrive on scene but not connect to the individual because the individual has vacated the premises while the team was en route. This number can include multiple contacts with a single individual within any given reporting period. v Case Management reflects the number of homeless neighbors who voluntarily engage in a formal, written case management relationship with City Net. Clients sign permission to allow City Net case managers to work with them to achieve progress on a mutually agreed upon plan to attain housing and supportive services. Case managers follow-up with housed clients for up to 6 months after housing to ensure a successful placement. Active cases are engaged once a week on average and are considered inactive after 90 days of no contact. This is an unduplicated number that changes over time as former clients exit case management and new clients enroll.
City Council 17 – 28 12/6/2022
EXHIBIT B
Budget
City Council 17 – 29 12/6/2022
Santa Ana SMART Multidisciplinary Street Outreach
and Engagement with Live Dispatch
Cost Proposal
Title/Role Description
Fully Loaded
Compensation
Hrs/
week Wks FTE TOTAL
Regional Director Project compliance with management, operations and public safety standards to achieve programmatic outcomes $52.08 8 52.00 0.20 $21,665.28
Program Supervisor Project supervision, staff management $43.21 40 52.00 2.00 $179,753.60 Dispatch Supervisor Call center supervisor $38.29 20 52.00 0.50 $159,269.55 Lead Dispatch Live call response leader $32.17 20 52.00 0.50 $33,459.11 Dispatch Staff Live call response $27.72 40 52.00 4.00 $230,630.40 Lead Case Managers Outreach and Engagement (O+E) shift leaders $32.17 40 52.00 2.00 $133,836.46 Case Manager II O+E, case management $29.00 40 52.00 12.00 $723,840.00 Case Manager I O+E, case management, safety and peer specialists $27.72 40 52.00 4.00 $230,630.40 MSW Clinicians O+E, case management $40.63 40 52.00 2.00 $169,012.69 Data Analyst HMIS data entry, reporting, compliance $28.00 30 52.00 0.75 $43,680.00 Executive leadership Project oversight, quality control, communications, problem solving
$79.50 4 52.00 0.10 $16,536.00
Finance and billing Payroll, billing $29.26 8 52.00 0.20 $12,172.16 Human resources Staff recruiting, hiring, training, disputes $29.68 4 52.00 0.10 $6,173.44 Operations Inventory, purchasing, technical support $26.00 4 52.00 0.10 $5,408.00
28.45 $1,966,067.09
Item TOTAL
Client Services $192,000.00
Client Services $40,000.00
Client Services $40,000.00
Client Services $2,500.00
Client Services $50,000.00
Community Engageme $50,000.00
Rent $102,420.00
Equipment $20,484.00
Materials and Supplies
$10,128.00
Materials and Supplies $20,484.00
Materials and Supplies $29,872.50
Materials and Supplies $10,242.00
Materials and Supplies $12,802.50
$580,933.00
Category TOTAL
Indirect
Costs/Performance
Reserve
$254,700.01
$254,700.01
$2,801,700.10
Administration
Description
At 10%: includes general expenses incurred by City Net but not directly borne by the project (utilities, taxes, other typse of required insurance not listed above, legal, staff development, contingencies, etc.) Payable in quarterly installments upon successful completion of performance objectives.
Administration subtotal:
Project TOTAL
Administrative Expenses Subtotal:
Rapid rehousing fees
Emergency Shelter motel vouchers
Medical services/telemedicine services
LCSW contract for disabling condition documentation and mental health services Office space and office equipment/furniture rental
Phones, computers (hardware and software) and equipment Personal Protective Equipment (PPE) for staff and clients (masks, gloves, face shields, proximity suits, trash bags, etc.) with replacements
Uniforms, copies, forms, office supplies, equipment, etc.
IT support and client management software licenses
Financial audit
Liability Insurance
Resource development, communications, city department liaison Client transport (8 vehicles): vehicle lease, gas, vehicle insurance, maintenance Santa Ana SMART, Jan 1, 2023 - Dec 31, 2023
Live phone response, 7 days/week, 9:00am to 9:00pm
2-3 teams, M-F 7:00am to 9:00pm, 1 team Sa-Su, 9:00am to 9:00pm Labor
Labor Subtotal:
Operations and Program Expenses
Description
1 10/10/2022
[email protected]
City Council 17 – 30 12/6/2022
EXHIBIT 2
City Council 17 – 31 12/6/2022
EVALUATION OF
SMART PILOT
PROGRAM 2022
PREPARED BY
Ken Gominsky
Terri Eggers
PRESENTED BY
Steven Mendoza
City Council 17 – 32 12/6/2022
2016
2017
2018
2019
Q
O
L
T
Qua
Of
Life
Team
The City of Santa Ana has been at the forefront of addressing homelessness in Orange County, despite being historically disadvantaged due to a lack of regional and equitable distribution of services and resources. Santa Ana has a variety of non-profit, governmental, and private agencies that provide many supportive services. The City also has the most homeless shelter beds in the county and has numerous affordable housing projects, including a number of permanent supportive housing options as a means to end homelessness. The Santa Ana Police Department (SAPD) has been assisting in connecting individuals with services for decades with their Homeless Evaluation Assessment Response Team (HEART), recognizing the value and importance of community engagement. The City has since added many new resources and has adapted its response to the changing needs and impacts of the homeless population.
OUTREACH
HISTORY
an overview
CITY OF SANTA ANA PAGE 01
As SAPD began to receive more service calls regarding homelessness, the City partnered with City Net, a non-profit providing services for individuals experiencing homelessness. Santa Ana provided City Net a small HUD grant to allow them to offer outreach, engagement, and case management services to about 400 unhoused individuals in and around the Civic Center during limited hours to connect them with emergency shelter, housing, and critical services. Over the years, their scope and outreach hours have expanded as the need for their services has increased.
City Council approved the Homeless Prevention, Intervention and Mitigation Plan to address the escalating number of individuals experiencing homelessness in Santa Ana. The City built capacity to address the issue in three ways: creating a new role for a Homeless Services Manager, adding a HEART Officer, and establishing the Quality of Life Team (QOLT).
The City was engaged in federal litigation involving the County of Orange and other cities to address homelessness preceding Federal Judge David O. Carter’s courtroom hearings, which tasked cities to create additional shelter beds. In August 2018, the City Council declared a Shelter Crisis and subsequently began providing shelter beds within the City of Santa Ana.
Clean: Reduce Negative impacts to Community ensuring Santa Ana is clean and safe Outreach: Be persistent in our contact with anyone experiencing homelessness Housing: Reduce the number of Santa Ana’s Unsheltered Homeless Communications: Have an Engaged and Informed Community Regarding Homelessness and Homeless Solutions.
The City of Santa Ana developed a 4 Point Strategic Plan regarding homelessness:
1. 2.
3. 4.
H
E
A
R
T
omeless
valuation
ssessment
esponse
eam
uality
f
ife
eam
S
M
A
R
T
anta Ana
ultidisciplinary
gency
esponse
eam
City Council 17 – 33 12/6/2022
Through learned experiences, the City of Santa Ana has realized that proactive outreach and engagement has the biggest impact on the community at large. In 2019, the City expanded City Net’s contract to include additional teams of two staff members working five days a week, from 7 a.m. to 5:30 p.m. Two days a week, City Net teamed up with SAPD to respond to calls together.
In 2020, at the height of the COVID-19 pandemic, the City began to look at outreach differently. As calls for service continued to increase, it became clear that a more persistent response to those living on the streets was needed. The City of Anaheim had recently formed a Community Care Response Team, utilizing City Net for a call center as well as in-person outreach. Anaheim 911 dispatchers diverted non-emergency, homeless-related calls to City Net, and both City Net’s in-person and phone outreach teams had expanded hours of operation. This program has been highly successful in Anaheim, and fit the bill for what Santa Ana needed. The Santa Ana City Council authorized and awarded a contract to City Net to expand their services and start a pilot program for the Santa Ana Multidisciplinary Response Team (SMART) to receive 911 dispatch calls seven days a week from 9 a.m. to 9 p.m., expand outreach hours from 7 a.m. to 9 p.m., and have teams on the streets seven days a week. SMART includes homeless services outreach case managers, a safety coordinator, and access to medical, mental, and behavioral health assistance in the field without an additional call.
Exit homeless individuals from the streets of Santa Ana.
Divert approximately 500 calls a month for non-emergency, non-violent, homeless-related services to facilitate a quick connection between individuals experiencing homelessness and appropriate services;
Provide safe COVID-19 information and interventions to vulnerable homeless neighbors.
Develop a pilot for a regional response to homelessness that connects homeless neighbors to housing solutions throughout the region, through full participation in the Orange County Continuum of Care.
SMART Pilot Program Goals:
1. 2.
3. 4.
CITY OF SANTA ANA PAGE 02
INCREASING OUTREACH
"I can’t say enough about City Net’s integrity and work ethic. They work tirelessly seven days a week to find solutions for each individual they encounter. The ability for Santa Ana to be able to dispatch either SMART or SAPD depending upon the situation provides the absolute best outcomes." - Terri Eggers, Homeless Services Manager
City Council 17 – 34 12/6/2022
6,566
Calls/Referrals
4,383
Dispatched calls
66.8%
Requests required
dispatching SMART
CITY OF SANTA ANA PAGE 03
RESULTS
calls for service
During the pilot period, SMART live dispatchers received referrals from multiple sources: SAPD and OCFA dispatchers, the mySantaAna app, and as direct calls to the City Net Outreach Line.
The City found that by inserting social services professionals into situations that previously would have been handled by police officers, the City was better able to utilize City resources. SAPD and QOLT were standing by, ready to assist on calls when additional support was needed.
With City Net taking non-emergency dispatch calls for homeless supportive services, SAPD and other emergency responders were better able to focus on public safety and respond to criminal activity.
SMART dispatchers had the flexibility to handle a call without dispatching an outreach team to the field, such as requests for services outside the scope of SMART. If someone was calling to request food, clothing, utility assistance, or had a general inquiry about homelessness, the dispatcher could provide information on those outside services without sending a team member to the site.
December 1, 2021 - May 17, 2022
How has SMART handled
calls since December 2021?
472
street exits to shelters,
permanent supportive
housing, or to family
since the launch of
SMART
"Between 2017 and 2020, the City of Santa
Ana saw an 82% increase in calls for service
related to the unhoused population, which took
away police resources from criminal activity.
The benefit of transferring an unhoused person
to the SMART program is that they’re able to
offer services such as shelter, mental health
services or any other support services they may
need."
- Gabriela Jilek, Police Communications
Supervisor
City Council 17 – 35 12/6/2022
2,887 outreach contacts
1,399 unique individuals
How many homeless individuals were contacted by SMART?
There were 2,887 street outreach contacts including 1,399 unique individuals where first name, last name, and date of birth were captured. Forty-eight (48%) percent of all contacts were unique.
The remaining 1,488 were duplicate contacts with known
individuals or contacts with individuals who declined to give their full name.
How many individuals has the City assisted off the street since the launch of SMART?
472 street exits to shelters, permanent supportive housing, or family in-state or out-of-state.
Calls received
There were 6,566 total incoming calls/app referrals to City Net SMART Dispatch. 4,383 calls resulted in SMART being dispatched to the field. Sixty-Six Percent (66%) of all incoming requests for assistance required dispatching of SMART.
CITY OF SANTA ANA PAGE 04
Initial Call Time Received
Time Call was Dispatched
Time the Responding Resource Identified they were enroute to the Call Time Resources Arrived on Scene
Completion Time
Response time to 4,383 calls was 32 minutes.
Time on Scene was 21 minutes per call.
Total Time on Call was 53 minutes per call.
Community Calls – 2,784 direct calls to City Net
dispatch (64% of all calls).
First Responders – 589 calls from SAPD resources in the field or SAPD/OCFA Dispatch Centers (13% of all calls). mySantaAna App – 570 Homeless-related app requests
were sent to City Net (13% of all calls).
Proactive Contact – 440 calls were a result of City Net staff identifying a homeless related issue (10% of all
calls).
What was SMART’s average response time to calls
received?
Response time is based on several factors. City Net utilizes a standard computer-based dispatch system which logs:
After a normalization of provided data, 4,383 unique calls were reviewed within the City Net Dispatch System.
City Net's Average:
City Net dispatched 4,383 Calls for Service to SMART. These call are broken down into four categories:
1. 2.
3. 4.
STATISTICS
Program Evaluation December 1, 2021 - May 17, 2022
"City Net’s SMART approach to homeless street
outreach has allowed all involved in this complex
issue to focus on our Department strengths and
let professionals in homeless outreach perform
the complex tasks associated with daily street
engagements with the homeless community."
- Ken Gominsky, Homeless Services Manager
City Council 17 – 36 12/6/2022
SAPD Response Time Averages (Dec. 1 - May 17)
Priority 2018-2019 2019-2020 2020-2021 2021-2022
1 6m 34s 6m 07s 5m 04s 5m 25s
2 10m 70s 8m 28s 9m 43s 10m 05s
3 N/A N/A 26m 28m 16s
4 38m 22s 30m 31s 32m 07s 34m 43s
How did the SMART Pilot Program ultimately impact SAPD? During the pilot program period, overall calls for homeless-related incidents increased by 45% over the same period the year before.
The Santa Ana Police Department responded to 9,758 transient-related calls, a 1% increase over the same period, while the SMART program responded to 4,383 additional calls. This increased number of total calls was thanks in part to the City’s significant public outreach and marketing of the SMART hotline.
PAGE 05
IMPACTS
What were the Santa Ana Police Department average response times?
CITY OF SANTA ANA
"The City of Santa Ana would be lost without City Net. They spend countless hours outreaching and case managing those in most need that would take time away from officers enforcing laws if they were not around. Proof is in the amount of calls for service they handle that PD is no longer required to respond to."
- Juan Montiel, SAPD Sergeant
Goal Results
1. Exit homeless individuals from
Santa Ana streets
SMART had 2,887 street outreach contacts, including 1,399 unique individuals, resulting in 472 street exits to shelter, housing or family reunification. That equates to more than 2 individuals exiting the street daily during the pilot program.
2. Divert 500 non-emergency
homeless service calls monthly
Over 1,000 homeless-related calls were diverted monthly. SMART responded to 4,383 requests that first-responders would have had to address: 2,784 calls to City Net, 589 calls from SAPD/OCFA dispatch or officers in the field, 570 from the mySantaAna app, 440 proactive contacts by SMART.
3. COVID-19 information and
interventions for homeless
554 individuals were assisted with information on COVID-19 resources and given personal protective equipment.
4. Develop a pilot for regional
homelessness response
987 clients were enrolled in case management, entered into a countywide homeless management information system and the countywide coordinated entry system to be matched with long-term housing.
Did the SMART program achieve its goals?
Over 1,000 calls
diverted monthly,
over double the
monthly goal
City Council 17 – 37 12/6/2022
[Presentation Title]
[Department]
[Date]
Slide 1
SMART Pilot Program
Santa Ana Multi-Disciplinary Homeless
Response Team
City Council 17 – 38 12/6/2022
[Presentation Title]
[Department]
[Date]
Slide 2
SMART
Goals and Results
City Council 17 – 39 12/6/2022
[Presentation Title]
[Department]
[Date]
Slide 3
SMART PILOT PROGRAM GOALS
• Goal 1- Exit homeless individuals from the
streets of Santa Ana
• Goal 2 - Divert 500 calls a month for nonemergency, homeless related services • Goal 3 – Provide COVID-19 information and
interventions
• Goal 4 - Develop a regional response to
homelessness through the Orange County
Continuum of Care
City Council 17 – 40 12/6/2022
[Presentation Title]
[Department]
[Date]
Slide 4
SMART PILOT PROGRAM RESULTS
• Goal 1 - Exit homeless individuals from the streets of Santa Ana
Results - 472 Individuals successfully exited
the streets, to shelter, housing or family
reunification.
• Goal 2 - Divert 500 calls a month for nonemergency, homeless-related services Results - Over 1,000 homeless-related calls
were diverted monthly.
City Council 17 – 41 12/6/2022
[Presentation Title]
[Department]
[Date]
Slide 5
SMART PILOT PROGRAM RESULTS
• Goal 3 - Provide safe COVID-19 information and
interventions.
Results - 554 individuals were assisted with
COVID-19 resources.
• Goal 4 - Develop a regional response to
homelessness through participation in the Orange
County Continuum of Care.
Results - 987 clients were enrolled in case
management, entered into HMIS.
City Council 17 – 42 12/6/2022
[Presentation Title]
[Department]
[Date]
Slide 6
SMART
Outreach and Impacts
City Council 17 – 43 12/6/2022
[Presentation Title]
[Department]
[Date]
Slide 7
INCREASED OUTREACH
Created a Live Community Call Line
Responded to Calls from First Responders
Responded to MySantaAna app reports
City Council 17 – 44 12/6/2022
[Presentation Title]
[Department]
[Date]
Slide 8
IMPACTS
• Over 1,000 calls diverted monthly
• 6,566 Calls/Referrals
• 4,383 Dispatched Calls
• 2,877 Outreach Contacts
• 472 Successful Street Exits to
shelters, permanent support housing or
family reunification
City Council 17 – 45 12/6/2022
[Presentation Title]
[Department]
[Date]
City Council 17 – 46 Slide 9 12/6/2022
[Presentation Title]
[Department]
[Date]
Slide 10
Moving Forward
• New Metrics have been codified within the
contract
• 10% of total contract will be held back and
only paid based on contractor performance
• Staff will evaluate metrics on a quarterly
basis and only release funds after
successful achievement of metrics
City Council 17 – 47 12/6/2022
[Presentation Title]
[Department]
[Date]
Slide 11
Quarterly Metric Review
Quarterly Goal Annual Goal
Street Exits 150 600
Outreach Contacts 1,312 5,250
COVID-19 Engagements 125 500
Calls Dispatched 1,750 7,000
Case Management 200 800
City Council 17 – 48 12/6/2022
[Presentation Title]
[Department]
[Date]
Slide 12
Questions
City Council 17 – 49 12/6/2022
Public Works Agency
www.santa-ana.org/pw
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 6, 2022
TOPIC: Design Services for Santa Ana’s First Dog Park Project
AGENDA TITLE
Approve Agreement with MIG, Inc., for Design Services for the City of Santa Ana’s First Dog Park Project in an Amount Not to Exceed $800,000 for a Three-Year Term (Project No. 22-2755) (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with MIG, Inc. to provide engineering plans for the City of Santa Ana Dog Park project in the amount of $703,851, with a contingency of $96,149, for a total amount of $800,000, for a three-year term beginning December 6, 2022, and expiring December 5, 2025, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The City of Santa Ana is proposing to develop the City’s first public dog park on a mostly undeveloped 4.57-acre site located in the southwest corner of Centennial Park, adjacent to the Santa Ana River. The project was designed to be inclusive, comprising three separate off-leash spaces for small dogs, large dogs, and older dogs or dogs with disability to roam free. Picnic tables will be constructed throughout the site along with shade components. Other improvements include a children’s playground, security lighting, drinking fountains with pet bowls, waste bag dispensers, irrigation, dog play/agility features, drought-tolerant planting, and restrooms for park patrons. The designated site for the proposed park, is between the existing Dan Young Soccer Complex (North), Castor Street (South), Santa Ana River (West) and the Reservations Administration Office (East).
On September 22, 2022, the Public Works Agency released Request for Proposals (RFP) No. 22-129, by which it sought a qualified Consultant having special skills and knowledge in the field of engineering, landscape architecture, and administrative services to develop and provide engineering plans for the City of Santa Ana Dog Park project (Exhibit 1).
City Council 18 – 1 12/6/2022
Agreement with MIG, Inc. for Dog Park
December 6, 2022
The RFP was advertised on the City’s online procurement management and publication system, with Proposals due on October 20, 2022. Two proposals were received and evaluated by a selection committee. Based on criteria outlined in the RFP, the following summarizes the top two responding firms and their ranking:
Firm City Rank
MIG, Inc. Fullerton 1
David Volz Design Landscape
Architecture, Inc. Costa Mesa 2
Staff recommends awarding an agreement (Exhibit 2) to MIG, Inc., to provide full concept design services based upon the scope of work and selection criteria outlined in RFP 22-129. Their proposal demonstrated the firm has the necessary capacity and expertise to complete the required services. The firm’s rates are reasonable and within industry standards, the team qualifications are appropriate for this project, and the proposal was determined to provide the best value for the City.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
Funds are available in the following account for the current fiscal year. As part of the Citywide carry forward process, PRCSA will submit to the Finance Department a request for any project balance to be carried forward into subsequent fiscal years, which will be compiled with requests from other departments and presented to the City Council.
EXHIBIT(S)
1. Location Map
2. Dog Park Concept Plan
3. Consultant Agreement with MIG, Inc.
Fiscal
Year
Accounting Unit -
Account No.
Fund
Description
Accounting Unit -
Account No.
Description
Amount
FY 22-23 05113263-66220
(22-2755)
Capital Outlay
Fund (Cell
Tower)
Park ImprovementsImprovements Other
Than Building
$800,000
TOTAL: $800,000
City Council 18 – 2 12/6/2022
Agreement with MIG, Inc. for Dog Park
December 6, 2022
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 18 – 3 12/6/2022
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PUBLIC WORKS AGENCY
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CITY OF SANTA
ANA DOG PARK
PROJECT NO. 22-2755
CITY OF SANTA ANA DOG PARK
City Council 18 – 4 12/6/2022
JULY22th,2022
City Council 18 – 5 12/6/2022
AGREEMENT WITH MIG, INC. TO PROVIDE FULL
CONCEPT DESIGN FOR THE CITY OF SANTA ANA DOG PARK
THIS AGREEMENT is made and entered into on this 6th day of December 2022 by and between, MIG, Inc., (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On September 22, 2022 the City of Santa Ana Public Works Agency issued a Request for Proposal No. 22-129, by which it sought a qualified Consultant having special skill and knowledge in the field of engineering, landscape architectural, administration services to develop and provide construction management support for the City of Santa Ana Dog Park.
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform the services described in the scope of work that was included in RFP No. 22-129 and that is attached as Exhibit A and incorporated herein by this reference, and as further delineated in Contractor’s proposal, which is attached as Exhibit B and incorporated herein by this reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C attached hereto and incorporated herein by this reference. The total amount to be expended during the term of this Agreement shall not exceed $800,000 during the term of this Agreement, including any extension periods exercised under Section 3. The sum is comprised of one (1) the base amount of $703,851 and two (2) an approximate contingency of 14% in the amount of$96,149 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 which may reasonably be expected by City.
City Council 18 – 6 12/6/2022
3. TERM
This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two (2) one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Consultant shall procure and maintain for the duration of the contract insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and City Council 18 – 7 12/6/2022
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 aggregatelimit 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: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), withlimit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with StatutoryLimits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’sprofession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith 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 bothCG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, 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 state that coverage shall not be canceled, except withnotice to the Entity.
Waiver of Subrogation
Consultant hereby grants to Entity a waiver of any right to subrogation which any City Council 18 – 8 12/6/2022
insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessaryto affect this waiverof subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require theConsultant 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 Entity.
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 Entity.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policyform with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
Verification of Coverage
Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity 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 Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances.
City Council 18 – 9 12/6/2022
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
City Council 18 – 10 12/6/2022
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
City Council 18 – 11 12/6/2022
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and City Council 18 – 12 12/6/2022
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Consultant:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
Steven N. Lang, PLA - Principal
MIG, Inc.
109 W. Union Avenue
Fullerton, CA 92832
City Council 18 – 13 12/6/2022
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Jose Montoya Steven N. Lang, PLA
Assistant City Attorney Principal
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
City Council 18 – 14 12/6/2022
EXHIBIT A
City Council 18 – 15 12/6/2022
City Council 18 – 16 12/6/2022
Appendix
ATTACHMENT 1
SCOPE OF WORK
City of Santa Ana RFP 22-129
Page A1-1
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
CITY OF SANTA ANA DOG PARK DESIGN SERVICES
RFP NO. 22-129
INTRODUCTION/BACKGROUND
The City of Santa Ana previously solicited proposals for professional services to create a concept plan for the City’s first dog park. By this Request for Proposals (RFP), the City is now requesting proposals from firms with substantial engineering, landscape architectural, and construction administration experience on similar types of public works improvements for the development of the contract documents for the Dog Park.
The City of Santa Ana is proposing to develop the City’s first public dog park on a mostly undeveloped
4.57-acre site located in the southwest corner of Centennial Park, adjacent to the Santa Ana River. Public access to this area is from the Santa Ana River from the West and from Centennial Regional Park from the East. The development of the “City of Santa Ana Dog Park” (the “Project”) will include three separate offleash spaces for large, small and elderly dogs. Additional improvements will include agility course features, dog water play area, restroom with dog washing station, event area, walking track, information kiosk, site furnishings, landscape and automated irrigation system. Two access points are incorporated, from both Centennial Park and the Santa Ana River. Project will also include additional parking, turnaround, and drop off area. This new development is to be utilized citywide by dog owners, families with children and by various programs conducted or coordinated by the Santa Ana Parks, Recreation & Community Services staff. In order for the Dog Park to meet the community needs, the existing City Nursery and Police Department use areas will be relocated per exhibit located in the Appendix of this RFP as Attachment 4.
The relocation of the facilities must incorporate the existing layout and site amenities.
The designated area for the proposed park, is between the existing Dan Young Soccer Complex (to the north), Castor Street (to the south), Santa Ana River (to the west) and the existing parking lot (to the east).
The project will include, but is not limited to, the following project components as illustrated on the Project Conceptual sheet provided in the Appendix of this RFP as Attachment 4.
Consultant Responsibilities shall consider the following components:
Demolition of existing Reservations Office Building
Park Signage
Three separate off leash spaces for small dogs, large dogs, and older dogs with disability Dog Training area
Larger gate entrance at the bike trail
Access to existing play field
Walkways
Outdoor Plaza Area
Perimeter Fencing and Security Gates
Pet Proof Fence and Gate which include dog park entry corals Agility Course Features
City Council 18 – 17 12/6/2022
City of Santa Ana RFP 22-129
Page A1-2
Splash Pad for Dogs
Optimal Surface Material for dog parks
Restrooms and Dog Wash Station
Water wise landscaping, including trees and landscape mounds Dry Stream Bed
Site Lighting
o Shall include Dog Park (new), Nursery (new), and also adjacent/existing parking area (upgrade)
Automatic irrigation system
Site Amenities, including waste bag dispensers, trash bins, recycle bins, dog waste bins, drinking fountains with pet bowls, interpretive signage, park benches, metal shade features, community information board, code blue security poles, picnic tables, bike racks, drinking fountains at entrance and along bike trail
Parking Lot
Dog park Sculptures
o One large one in the round about
o One small one in the event space plaza
Donor Wall along CMU wall shared between dog park main entrance and Police Department Solar in parking lot
Drainage which utilizes “Low Impact Development” concepts with goal for full site infiltration. Storm Water Mitigation – Water Quality Management Plan Pavers with pet names for donation purposes
Donor Wall shared between main entrance and Police Department Geotechnical Report which tests soil, includes infiltration testing, and provides remediation recommendations if necessary
Environmental Clearance
Relocation of the Nursery
Storage of trees, irrigation materials, landscape materials Storage bins for mulch, gravel, dirty, compost
Maintenance Access to the Dog Park
Rollaway trash bins
Staging and dispatching for contracted landscape maintenance Bays
Small restroom
Storage for Recreation scooter
Relocation of the Police Department
Contain all existing features
Parking spaces for training
Office with bathroom, classrooms, restrooms
The improved area is to be utilized Citywide by dog owners, and families with children and by various programs conducted by the Santa Ana Parks, Recreation and Community Service staff. The Project Concept is provided in Attachment 4 of this RFP for reference only. An existing boundary map is also provided in this RFP for consultants to know existing conditions relative to the proposed layout. Creative ideas to include amenities from the Project Concept, project components listed above, and any additional components that may be beneficial to this dog park vision.
City Council 18 – 18 12/6/2022
City of Santa Ana RFP 22-129
Page A1-3
The City’s total construction budget for the proposed dog park is approximately $8,500,000, which includes Design Engineering.
Scope of Work
Architectural and engineering services shall consist of, but not be limited to the following: prepare schematic design, construction plans and specifications, submit design documents to the City of Santa Ana staff for review and submit final design documents to the City of Santa Ana Building & Safety Division for plan check. These services also include responding to all plan check corrections until final approval has been given by Building & Safety. Finally, construction administration services during bid and construction phases would also need to be provided.
Consultant Responsibilities
The Consultant’s responsibilities shall include the following project tasks:
Consultant is responsible for providing all design and engineering as required for all components within the project scope of work which includes, but is not limited to the preparation and submittal of the PS&E package through completion with the approval from City to release for construction. This includes but is not limited to survey, civil design, geotechnical investigation and report (for soils analysis), infiltration testing, architectural design, landscape architectural design, site improvements design, structural design, interior design, furniture selection, electrical engineering, mechanical and plumbing engineering, etc.
Consultant will also be responsible for facilitating monthly virtual progress meetings with City Staff to obtain input and discuss any project related items as well as provide project schedule.
Consultant shall provide review sets in .pdf format.
Final plans shall be provided in AutoCAD or Microstation format, and .pdf format.
A. PROJECT COORDINATION. The Consultant shall be fully responsible for the overall management and coordination for the project, which may include, but is not limited to project development team meetings, liaison with affected agencies, and utility companies. Prepare progress report and schedule, securing permits for all field studies and any other required permits from other agencies.
B. RECORDS RESEARCH. Research all information pertinent to the project including, but not limited to existing field condition, as-built plans and record drawings, right-of-way data and all future improvement plans adjacent to or affecting the project site. The selected Consultant shall identify all existing and proposed facilities within the projects limits and potential conflicts.
C. GEOTECHNICAL INVESTIGATION. The Consultant shall provide geotechnical services which includes but is not limited to geotechnical explorations, infiltration testing, and geotechnical report.
D. ENVIRONMENTAL CLEARANCE. The Consultant shall prepare, distribute, and file any environmental noticing, documents, preparation of studies and technical reports for environmental clearances that may be needed for the project to meet state funding. This includes, but is not limited to state and local regulations, policies and procedures as they pertain to CEQA, environmental studies, environmental site assessment, and environmental reports.
City Council 18 – 19 12/6/2022
City of Santa Ana RFP 22-129
Page A1-4
E. PRELIMINARY DESIGN. The consultant shall organize a kick-off meeting with City staff to discuss the conceptual design plan, project goals and objectives, potential elements and issues, project schedule, review of existing information, and conduction of a site investigation.
F. SURVEY. On-the-ground field topographical survey work is to be determined by the Consultant (and/or the Consultant’s Subconsultant) if any existing horizontal and vertical features are needed for the project. It is the Consultant’s responsibility to provide only the survey necessary for the design of the project components identified within this RFP. Consultant shall identify in the proposal a detail list of features the survey would include. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation CONNECT Computer Aided design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88.
G. WATER QUALITY. The Consultant shall coordinate with the City for the Low Impact Development (LID) requirements of the project and prepare a Water Quality Management Plan (WQMP) if deemed required. Consultant shall provide BMPs with appropriate size based on treatment and peak flow rates, freight to job site and one year of maintenance to include units and cost in the engineer’s cost estimate.
The selection of Best Management Practices (BMPs) will always be subject to site specific conditions and the Consultant will be required to perform the research into the site specific conditions (e.g. prior contamination, depth to groundwater, soil conditions, interfering utilities, etc.) that could preclude infiltration. The Consultant shall also perform the required soils and/or infiltration testing per the Technical Guidance Documents, as necessary to design the infiltration system assuming it is the selected LID approach.
Please find information and links to relevant documents and regulations at the following site:
http://ocwatersheds.com/documents/wqmp.
H. PUBLIC OUTREACH. The Consultant shall be available for a minimum of 2 public outreach meetings to present the project to the community. One community meeting is to be used as a workshop for the community to participate in the naming of the park and in the design of the 2 dog sculptures.
The second community meeting will be to share the top dog park names and to showcase the dog sculpture designs that were created from their input. The Consultant will be responsible for organizing, promoting and facilitating these meetings and will provide all presentation material, graphics, rendering (up to 2) and any other printed materials. The meeting will serve to discuss key project aspects, benefits to the community, and consequences of the project, gain input from local residents on design or aesthetic features of the project. The City will assist in providing available meeting spaces by coordinating with City facilities.
I. UTILITY COORDINATION. The Consultant shall be responsible for all utility coordination efforts, including but not limited to; coordination with Edison for any electrical service connections, and water service connections for irrigation and water fountains.
J. PLANS, SPECIFICATIONS AND ESTIMATES (PS&E)
o Development of Plans, Specifications and Estimate (PS&E):
a) All reports, plans, specifications and quantity calculations shall conform to criteria, policies, procedures and standards of the City. The Consultant shall use the boilerplate for cut sheets, specifications and estimates provided by the City. b) The plan development shall include three (3) milestone deliverables—30%, 60%, 90% (pre-final) and 100% (final). All plan sheets shall be prepared at a reasonable standard City Council 18 – 20 12/6/2022
City of Santa Ana RFP 22-129
Page A1-5
scale to be noted on plans. The necessary plans for each PS&E package shall include, but are not be limited to:
Task 1: Design Development (30% plans)
Design development will involve the schematic development of plans based on the approved conceptual design plan, which shall include but is not limited to survey, civil design, geotechnical investigation and report (for soils analysis), infiltration testing, architectural design, landscape architectural design, structural design, interior design, furniture selection, electrical engineering, mechanical and plumbing engineering, draft technical specifications and “opinion of estimated cost’.
Deliverables shall include a 30% set of plans, including site section studies, draft specification, “Opinion of Probable Cost”.
Task 2: Construction Documents (60% 90% and 100% plans) Construction Documents (CDs) shall include finalizing approved deliverables from the Design Development phase. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bidding and construction by a general contractor. Deliverables shall also include final colored concept plan and colored renderings illustrating the improvements per the final plans. Final construction documents must be completed in time to advertise the project by August 2023. Deliverables shall include 60%, 90% and 100% plans, structural calculations, final technical specifications, finalized “Opinion of Probable Cost”. 100% plans will go through a constructability review that could lead to comments and recommendations that should also be addressed and completed as part of this deliverable.
Plans: Plans shall include, but are not limited to the following:
Title Sheet
Civil Engineering
o Site Erosion Plan
o Horizontal and Vertical Control Plan
o Grading And On-Site Drainage Plan
o Site Utility Plan
Landscape Architectural
o Site Layout/Construction Plans And Details (including plumbing) o Site Sections, as applicable
o Planting Plans/Details/Notes
o Irrigation Plans/Details/Calculations/Notes
Architectural
o Demolition Plans
o Construction Plans
o Signage Plans
o Reflected Ceiling Plans
o Exterior Elevations
o Interior Elevations
o Mechanical and Plumbing Plans/T-24
o Electrical Plans, as applicable
o Architectural Details
o Structural Calculations
o Door/Window/Finish Schedules, as applicable
o ADA Path of Travel design and/or signage Plan
City Council 18 – 21 12/6/2022
City of Santa Ana RFP 22-129
Page A1-6
Structural Engineering
o Structural Design and Detailing
Mechanical Engineering & Plumbing
Electrical Engineering
o Electrical Site Plan to include walkway/parking lot lighting, irrigation, splash pad, water refilling station/drinking fountains, community information board, restrooms, wash station, dog statue, donation dog wall, solar panel. Site Lighting shall include Dog Park (new), Nursery (new), and also adjacent/existing parking area (upgrade) o Photometrics
o Single line diagram
o Location of panels, switchgear, meters
o Schedules
o General Notes
o Details
o Notes, specifications
Plan Check & Permits:
Construction drawings shall be in accordance with the 2019 California Building Code and will require review/approval by the City Planning and Building Agency.
As a condition of plan check approval, plans, specifications and structural calculations must be signed by a California licensed architect / landscape architect /civil engineer/structural engineer as appropriate.
Additionally, the architect will be encouraged to identify their historic consultant to address questions and concerns related to the historical preservation of the building. Plans shall be organized so that they can be segregated cleanly for distribution to the various plan checking entities.
Construction drawings shall be submitted at 90% completion for review by Public Works CIP Engineering and revised per their comments. The 100% complete construction drawing package will then be submitted for final City review to the following City Agencies:
City Manager Office
Parks, Recreation, and Community Services Agency
Public Works Agency CIP Engineering Division
Building & Safety Division
The Public Works Agency Project Manager will coordinate the submittal and review process. Once complete, the consultant will revise the Contract Documents
Technical Specifications
Technical specifications for all components listed above shall be provided by Consultant, or their Subconsultants, to the City in CSI (Construction Specifications Institute) format. Consultant shall coordinate language between the general and technical specifications to ensure conflicts are minimized. City Staff will combine these specifications with the City Boiler Plate which together, will become the Project Manual.
Final Opinion of Probable Cost
Consultant shall provide updated opinion of probable construction cost which shall reflect finalized plans, materials, systems, details of construction, and known or anticipated changes in the bidding market relative to the project. Should project scope exceed available budget, project plans/specifications will be phased as appropriate.
City Council 18 – 22 12/6/2022
City of Santa Ana RFP 22-129
Page A1-7
Task 3: Bid Advertisement, Construction Administration, Record Drawings:
Bid Advertisement
Bidding procedures will be the responsibility of the City. While the PS&E construction package is advertising for bids, all questions concerning the intent shall be referred to the City for resolution. In the event that any item requiring interpretation in the drawings or specifications is discovered during the bidding period, said items shall be analyzed by the Consultant for decision by the City. Consultant shall provide support to the City during the Bidding phase by assisting with questions, requests for information/clarification, or conflicts arising out of the bidding process. Consultant shall also attend pre-bid meeting, if scheduled.
Construction Administration
Consultant shall provide support to the City during the Construction Administration phase by assisting with questions, requests for information/clarification, and/or reviewing submittals. Consultant shall review and approve all submittals and shop plan drawings required to support the construction contract.
Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. Consultant shall be available as requested by the City to resolve discrepancies in the contract documents. Consultant shall bring to the attention of the City any defects or deficiencies in the work by the construction contractor which the Consultant may observe. Consultant shall have no authority to issue instruction on behalf of the City, or to deputize another to do so.
Record Drawings / As-built Plans:
Upon construction completion, consultant shall incorporate as-built information, as provided by the General Contractor, into the drawing files to provide record drawings for City archives. The Consultant shall prepare and deliver to the City the final as-built plans incorporating field marked prints supplied by the City. Upon completion of construction, the City will submit field-marked prints to Consultant. Consultant shall incorporate all changes to the plans electronically with all necessary revision notations and submit to the City.
Fee Proposal:
In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured to correspond to the above mentioned tasks as follows:
Task 1: Design Development
Task 2: Construction Documents
Task 3: Bid Advertisement, Construction Administration, Record Drawings Total Fee: _____________
Fee schedule for each task should include an hourly breakdown that corresponds to the task total.
City Responsibilities
The City will be responsible for the following items:
Provision of available plans and existing documentation on file. Provision of electronic design file with City title block and title sheet (24" x 36") Provision of standard City boilerplate specifications. Acting as liaison with the appropriate decision making bodies, as necessary. Coordination and processing of plans and documents with governmental agencies having jurisdiction over the project.
City Council 18 – 23 12/6/2022
PWA
SANTA ANA
PUBLIC WORKS AGENCY
N.T.S.
City Council 18 – 24 12/6/2022
JULY22th,2022
City Council 18 – 25 12/6/2022
EXHIBIT B
City Council 18 – 26 12/6/2022
109 W. Union Avenue | Fullerton, CA 92832
(714) 871-3638 | www.migcom.com
In association with:
BKF Engineers | Converse Consultants
LRA Electrical Engineers | Westberg White Architects
Proposal | October 20, 2022
CITY OF SANTA ANA
Santa Ana Dog Park
Design Services
City Council 18 – 27 12/6/2022
4 City of Santa Ana | Santa Ana Dog Park Design Services Team Organization Chart
Steve Lang, Principal-in-Charge
Oscar Johnson, Project Manager
PROJECT MANAGEMENT
LANDSCAPE
ARCHITECTURE
Steve Lang, MIG
Oscar Johnson, MIG
Holly de la Torre, MIG
Melissa Butler, MIG
Donna Yeung-Gutierrez, MIG
ARCHITECTURE
Frisco White, WWA
John Garakian, WWA
CIVIL
ENGINEERING
Bruce Kirby, BKF
IRRIGATION DESIGN
ELECTRICAL
ENGINEERING
ENVIRONMENTAL
SERVICES
GEOTECHNICAL
ENGINEERING
Dino Viale, MIG
Bob Prasse, MIG
Cirilo Regalado, LRA Hashmi Quazi, Converse
Robert Gregorek, Converse
City Council 18 – 28 12/6/2022
City of Santa Ana | Santa Ana Dog Park Design Services 13 It is MIG’s intent to produce a final work product
that meets the objectives of the City of Santa Ana
in terms of staff participation, resource efficiency,
design quality, innovation, public safety and
comfort, budget control, and completion schedules.
To assure achievement of this goal, adjustments to
this program can be made.
Services will include the following:
Task 1 – Design Development
1.1 PROJECT COORDINATION/PROJECT
MANAGEMENT
MIG will coordinate and attend a kick-off meeting
with City staff for a program review and verification
as well as on-site review. (1 meeting). MIG will
be fully responsible for the overall management
and coordination for the project, which will include
project development team meetings, liaison with
affected agencies and utility companies, and
securing permits for field studies and any other
permits from other agencies.
1.2 RECORDS RESEARCH
The MIG Team will research and collect all
pertinent data and information regarding the
existing site improvements, such as as-builts and
record drawings; right-of-way data and all future
improvement plans adjacent to or affecting the
proposed site; existing and proposed facilities
within the project limits and potential conflicts;
City design standards; input from City staff;
5. Scope of Services and Schedule
concept plan; past community input; and any
other information that may affect preparation of
the Design Development plan and construction
documents.
1.3 GEOTECHNICAL INVESTIGATION
The MIG Team will provide geotechnical services
that will include geotechnical explorations,
infiltration testing, and geotechnical report.
1.4 ENVIRONMENTAL CLEARANCE
In accordance with the RFP, MIG will prepare
and process, in compliance with the California
Environmental Quality Act (CEQA), the
environmental document for this project, including
the proposed relocation of the existing nursery
and police department facility. Based on our
understanding of the project, we anticipate that
it will require either a Negative Declaration (ND)
or, if mitigation measures are needed, a Mitigated
Negative Declaration (MND). Since the project
is basically a relatively small infill of existing park facilities, compliance with CEQA requirements
is expected to be relatively simple and
straightforward. We have not included technical
studies (i.e., Traffic Study, noise analysis, etc.) as
the level of use of the park is expected to be similar
to other adjoining recreational facilities and the
project is not located near residential uses or other
sensitive land uses.
City Council 18 – 29 12/6/2022
14 City of Santa Ana | Santa Ana Dog Park Design Services MIG will prepare an administrative draft Initial
Study (for either an ND or MND) that reflects the
characteristics of the project and complies with
the requirements of the CEQA Guidelines. MIG
will answer each Initial Study checklist question
with clear, thorough, and reasoned analysis. If
mitigation measures are necessary, they will be
practical, logical, enforceable, and developed in
close collaboration with City staff.
Following City review and comment on the
Administrative Draft ND or MND, we will prepare
and submit a revised draft to the City for their final
review. Once the City signs off on the revised
draft, the ND or MND will circulated for the
CEQA-required 20-day public review period. MIG
will be responsible for CEQA-required noticing
and distribution of the ND or MND, including forms
and notices required by CEQA and filing with the
Orange County Clerk. Under this task, we assume
that the City will be responsible for local newspaper
ads and any physical on-site posting that may
be required by City regulations. Once the 20-day
public review period ends, MIG will, if needed,
assist the City in responding to written comments
received on the ND or MND, although our budget
anticipates few if any comments.
Once the City approves the project, MIG will
prepare a Notice of Determination (NOD).
Following City sign-off, MIG will file the NOD
with the Orange County Clerk within five working
days of project approval. At the time of the filing,
fees will need to be provided by the City as
required by the State of California Fish and Game
Code section 713. This fee is not included in our
proposal. Budget for this task also includes one
internal meeting between City staff and the MIG
environmental team, and attendance at one public
hearing.
This task does not include AB 52 Native American
consultation support.
1.5 UTILITY COORDINATION
The MIG Team will provide utility coordination
efforts, including but not limited to coordination with Edison for any electrical service connections and
water service connections for irrigation and potable
water use.
1.6 TOPOGRAPHIC SURVEY
The MIG Team will provide a 20-scale topo survey
with one-foot contours on a developed surface in
AutoCAD 2018 format. The record paper boundary
will be delineated on the survey. Benchmark and
Basis of Bearing will be stated and PDF and DWG
versions will both be provided. On-the-ground
topographical survey work will identify existing
horizontal and vertical features needed for the
project as necessary for the design components
identified within the RFP. The survey shall include:
» Adjacent existing building corners, finish floor
elevations, walkways, curbs, gutters, hardscape
features, stalls, and trees (typically over 4" dia,
with drip lines.) This includes supplemental
data where the sidewalk ADA accessibility
conformance is vital to the design. The Path
of Travel (POT) walkway elevations, including
any existing ADA parking stall elevations.
Additionally, they will locate existing visible
utilities within project limits.
» Design-level survey and base mapping of the
project site will be prepared in US Customary
English Units by a California-licensed Land
Surveyor in accordance with the City guidelines
and in CONNECT Computer-Aided Design and
Drafting (CADD) format. The horizontal datum
will be NAD 83 and the vertical datum will be
NAVD 88.
City Council 18 – 30 12/6/2022
City of Santa Ana | Santa Ana Dog Park Design Services 15
1.7 WATER QUALITY
The MIG Team will prepare a Preliminary
Water Quality Management Plan (pWQMP) and
stormwater control plan. In addition to the required
treatment of stormwater, the City has enacted a
policy that any new project must have a zero net
effect on the public storm drain system. Based on
a preliminary review, the site will subject to the
NPDES Stormwater regulations. The MIG Team
will develop a conceptual method for complying
with this provision and identify opportunities for
low-impact development (LID) elements at the
site such as green roof, pervious paving, water
quality basins, and flow-through planters. We will
also determine LID feasibility/infeasibility based on
NPDES regulations.
1.8 PUBLIC OUTREACH
The MIG Team will be available for two public
outreach meetings to present the project to the
community. One community meeting will be used as
a workshop for the community to participate in the
naming of the park and in the design of the two dog
sculptures. The second community meeting will be
to share the top dog park names and to showcase
the dog sculpture designs that were created from
their input. The MIG Team will organize, promote,
and facilitate the meetings and will provide all
presentation materials, graphics, renderings (up to
two), and any other printed materials. The meetings
will serve to discuss key project aspects, benefits
to the community, and consequences of the project
as well as gain input from local residents on design
or aesthetic features of the project. The City will
assist in providing available meeting spaces by
coordinating with City facilities.
1.9 DESIGN DEVELOPMENT (30% PLANS).
Based on the concept plan in the RFP, site review,
staff input, and the information obtained through
records research, the MIG Team will develop a
schematic plan. The refined schematic plan will
include all elements and amenities as described
in the RFP including: three separate off-leash
spaces for large, small, and elderly dogs; agility
course features; dog splash pad; restroom with
dog washing station; event area; walking track;
information kiosk; site furnishings; landscape; two
access points from Centennial Park and Santa Ana
River Trail; additional parking; turnaround drop-off
area; and relocated Police Training Center and City
Nursery.
» Provide opinion of probable construction cost
(OPC) for the submitted schematic plans.
» Present schematic plan, draft specifications,
and OPC to City staff for review and input (1
meeting)
» Provide colored schematic plan and three (3)
renderings illustrating proposed improvements
MEETINGS:
» One (1) Kick-Off Meeting with City and one (1)
on-site review
» One (1) Meeting with City staff to review 30%
schematic plans and OPC
» Two (2) Public Outreach Meetings
» Monthly virtual progress meetings with City staff
to obtain input and discuss any project-related
items as well as provide project schedule
DELIVERABLES:
» Three (3) copies of schematic plans for City staff
review
» Final colored schematic plan and renderings
illustrating the improvements
» Draft specifications
» Three (3) copies of preliminary opinion of
probable costs
» One (1) copy of final schedule
» Digital files of all documents listed above
City Council 18 – 31 12/6/2022
16 City of Santa Ana | Santa Ana Dog Park Design Services Task 2 – Construction Documents (PS&E)
2.1 60% CD SUBMITTAL
Based on the City-approved schematic plans
and opinion of probable cost, the MIG Team will
prepare construction drawings and technical
specifications for the proposed improvements in
sufficient detail for the City to approve and for
contractor bidding. The plan development shall
include three (3) milestone deliverables – 60%,
90% (pre-final), and 100% final. Plans will go
through constructability reviews that could lead to
comments and recommendations to be addressed
and completed as part of the deliverables. All
reports, plans, specifications, and quantity
calculations will conform to criteria, policies,
procedures, and standards of the City. MIG will use
the boilerplate for cut sheets, specifications, and
estimates provided by the City. MIG will provide
a 60% construction documents (CD) submittal for
review.
The construction documents will include, but not
limited to the following:
Title Sheet
Civil Engineering
» Exisitng Condition Plan
» Site Demolition Plan
» Horizontal Control/Site Improvement Plan
» Proosed Grading and Drainage Plan
» Typical Site Sections
» Composite (wet) Utility Plan
» Preliminary Water Quality Management Plan
(pWQMP)
» Site Utility Plan (Sewer, Water)
Landscape and Irrigation
» Site Layout/Construction Plans and Details
» Site Sections, As Applicable
» Planting Plans/Details/Notes
» Irrigation Plans/Details/Calculations/Watering
Schedules/Notes
Site Electrical
» Electrical Site Plan to cover dog park site
lighting; walkways/parking lot lighting; power to
restrooms and for the irrigation controller; splash
pad equipment; dog sculpture and nursery
lighting; and adjacent existing parking area
lighting upgrade
» Location of Panels, Switchgear, Meters
» Single Line Diagram
» Schedules
» Details
» Photometrics
» General Notes
Architecture
» Demolition of existing prefabricated relocatable
Reservations Building
» Assess and relocate two (2) prefabricated
relocatable Police Buildings
» Relocate one (1) prefabricated relocatable
men’s/women’s restroom building
» Structural Plans/Details/Calculations
» Mechanical/Plumbing Plans/Details
» Electrical Plans/Details
» Construction Details /Notes
» ADA Path of Travel
2.2 90% CD SUBMITTAL
MIG will incorporate the 60% CD review comments
into the 90% CD submittal for review by Public
Works CIP Engineering and revised per their
comments.
2.3 100% CD SUBMITTAL
The 100% complete construction document
package will be submitted for final City review by
the City Manager office; Parks, Recreation, and
Community Services agency; Public Works Agency
CIP Engineering Division; and Building and Safety
Division. Construction documents will be prepared
using the City’s standard title block in AutoCAD
2021 in accordance with the 2019 California
Building Code. Final construction documents are
to be completed in time to advertise the project by
August 2023.
City Council 18 – 32 12/6/2022
City of Santa Ana | Santa Ana Dog Park Design Services 17 Technical specifications for all components
listed above will be provided in CSI format. MIG
will coordinate language between the general
and technical specifications to ensure conflicts
are minimized. City staff will combine these
specifications with the City Boiler Plate, which
together will become the Project Manual.
2.4 FINALIZED OPINION OF PROBABLE COST
MIG will provide an updated opinion of probable
cost that will reflect finalized plans, materials,
systems details of construction, and known
anticipated changes in the bidding market relative
to the project. If the project exceeds the available
budget, project plans and specifications will be
phased as appropriate.
2.5 ELECTRONIC FILES
Electronic files for all AutoCAD, reports, and
calculations shall be submitted at the end of
contract or when requested by the City.
MEETINGS:
» Review meeting at 60% CD submittal to review
City comments (1 meeting)
» Review meeting at 90% CD submittal to review
City comments (1 meeting)
DELIVERABLES:
» Six (6) sets for 60% citywide review, comments,
and permits
» Six (6) sets for 90% citywide review, comments,
and permits.
» Three (3) copies of 60%, 90%, and final opinion
of probable costs (OPC)
» One (1) copy of stamped and signed originals
of construction drawings for bidding phase
reproduction on bond paper.
» One (1) copy of 60%, 90%, and final technical
specifications.
» One (1) electronic copy (disk) of construction
documents for City records.
Task 3 – Bid Advertisement, Construction
Administration, Record Drawings
3.1 PRE-BID MEETING
MIG will attend the pre-bid conference and answer
questions from prospective bidders (1 meeting).
3.2 RFI CLARIFICATIONS & ADDENDA AS
NECESSARY DURING BIDDING
MIG will provide RFI clarifications as necessary
and prepare addendums as needed to clarify
certain aspects or questions regarding the plans
that may arise during contractor bidding.
City Council 18 – 33 12/6/2022
18 City of Santa Ana | Santa Ana Dog Park Design Services
3.3 PRE-CONSTRUCTION MEETING
MIG will attend the pre-construction meeting.
3.4 SITE REVIEWS (BI-WEEKLY)
MIG will attend bi-weekly site meetings to review
construction progress and a preliminary and
final inspection walk-through. (Anticipated 1 year
construction)
3.5 RFI BULLETINS AND INTERPRET PLANS AND
SPECIFICATIONS
MIG will respond to RFIs and interpret plans and
specifications.
3.6 SHOP DRAWINGS SUBMITTAL REVIEWS
MIG will review and approve shop drawings and
samples within two weeks of receipt. Contract
Change order reviews will be completed within two
(2) working days.
3.7 POTENTIAL CHANGE ORDER REVIEWS
MIG will assist in reviewing and processing
requests for potential change orders, material
submittals, or equal products.
3.8 FINAL WALKTHROUGH AND CORRECTIVE
PUNCH LIST
MIG will prepare a preliminary and final corrective
punch list based on final review walkthrough.
3.9 AS-BUILT RECORD DRAWINGS
MIG will provide the contractor with full-sized
bond drawings and AutoCAD CDs of the project
as part of our scope and cost for the contractor's
use for updating to as-built/record drawings. The
MIG Team will review and update the as-built/
record drawings and close out documents for
completeness prior to turning them over to the City.
EXCLUSIONS:
The following services are not included in the
scope of services identified in the proposal:
» Specification City “Boilerplate” and General
Conditions
» Agronomic testing
» Power Company Service Plans
» Street improvement plans
» Pot holing
» Fire system design
» Off-site improvements
» Pump station design
» Mapping services (i.e., subdivision, private
easement, quick claims, ROW dedications, etc.)
City Council 18 – 34 12/6/2022
City of Santa Ana | Santa Ana Dog Park Design Services 19 2022 2023 2024
MONTH N D J F M A M J J A S O N D J F M A M J
I DESIGN DEVELOPMENT
1.1 Project Coordination/Project Management
Kick-off Meeting and Site Review
1.2 Records Research
1.3 Geotechnical Investigation
1.4 Environmental Clearance
1.5 Utility Coordination
1.6 Topographic Survey
1.7 Water Quality
1.8 Public Outreach
1.9 Design Development
II CONSTRUCTION DOCUMENTS
2.1 60% CD Submittal
2.2 90% CD submittal
2.3 100% CD submittal
2.4 Finalized Opinion of Probable Cost
2.5 Electronic files
III BID ADVERTISEMENT, CONSTRUCTION ADMIN, RECORD DWGS.
3.1 Pre-bid meeting
3.2 RFI clarifications & addenda as necessary
during bidding
3.3 Pre-construction meeting
3.4 Site Reviews (bi-weekly)
3.5 RFI bulletins, interpret plans and specifications
3.6 Shop Drawings Submittal reviews
3.7 Potential change order reviews
3.8 Final walkthrough and corrective punch list
3.9 As-Built Record Drawings
Project Schedule
Key
MIG Work
City Review
Meeting/Submittal
City Council 18 – 35 12/6/2022
EXHIBIT C
City Council 18 – 36 12/6/2022
109 W. Union Avenue | Fullerton, CA 92832
(714) 871-3638 | www.migcom.com
In association with:
BKF Engineers | Converse Consultants
LRA Electrical Engineers | Westberg White Architects
Fee Proposal | October 20, 2022
CITY OF SANTA ANA
Santa Ana Dog Park
Design Services
City Council 18 – 37 12/6/2022
City Council 18 – 38 12/6/2022
City of Santa Ana | Santa Ana Dog Park Design Services Fee Proposal A.3 City of Santa Ana
Santa Ana Dog Park at Centennial Park TOTAL
Converse Labor,
Hours Total Consultants Subconsultant
Hours $235 Hours $205 Hours $130 Hours $140 Hours $125 Hours $165 Hours $175 Hours $100 & Direct Costs
I DESIGN DEVELOPMENT
1.1 Proj. Coordination/ Mg't / Site Review /(24 team mtgs) 36 $8,460 96 $19,680 4 $520 4 $560 $0 $0 1 $100 $29,320 $250 141 $29,570 $2,500 $2,500 $0 $0 $5,000 $ 34,570
1.2 Records Research 4 $940 8 $1,640 16 $2,080 $0 24 $3,000 4 $660 $0 $8,320 56 $8,320 $2,500 $3,500 $800 $6,800 $ 15,120
1.3 Geotechnical Investigation 2 $470 2 $410 $0 $0 $0 $0 $0 $880 4 $880 $1,500 $16,135 $17,635 $ 18,515
1.4 Environmental Clearance 2 $470 2 $410 $0 $0 $0 $0 226 $22,600 $0 $23,480 $217 230 $23,697 $0 $ 23,697
1.5 Utility Coordination 2 $470 4 $820 $0 $0 $0 4 $660 $0 $1,950 10 $1,950 $5,000 $800 $5,800 $ 7,750
1.6 Topographic Survey 1 $235 2 $410 $0 $0 $0 $0 $0 $645 3 $645 $24,500 $24,500 $ 25,145
1.7 Water Quality 1 $235 4 $820 $0 $0 $0 $0 $0 $1,055 5 $1,055 $5,000 $5,000 $ 6,055
1.8 Public Outreach Meetings (2) / Art Coordination 8 $1,880 24 $4,920 24 $3,120 $0 60 $7,500 $0 4 $400 $17,820 $200 120 $18,020 $0 $ 18,020
1.9 Design Development 30% (1 mtg.) 20 $4,700 48 $9,840 100 $13,000 24 $3,360 120 $15,000 110 $18,150 4 $400 $64,450 $500 426 $64,950 $24,100 $26,500 $9,000 $59,600 124,550 $ $0
Subtotal 76 $17,860 190 $38,950 144 $18,720 28 $3,920 204 $25,500 118 $19,470 226 $22,600 9 $900 $147,920 $1,167 995 $149,087 $30,600 $67,000 $10,600 $16,135 $124,335 273,422 $
II CONSTRUCTION DOCUMENTS
2.1 60% CD Submittal (1 mtg.) 4 $940 48 $9,840 120 $15,600 16 $2,240 120 $15,000 110 $18,150 4 $400 $62,170 $375 422 $62,545 $30,600 $38,000 $14,160 $0 $82,760 145,305 $
2.2 90% CD submittal (1 mtg.) 4 $940 48 $9,840 100 $13,000 16 $2,240 120 $15,000 110 $18,150 4 $400 $59,570 $375 402 $59,945 $30,600 $19,000 $7,080 $0 $56,680 116,625 $
2.3 100% CD submittal (1 mtg.) 6 $1,410 16 $3,280 20 $2,600 4 $560 40 $5,000 30 $4,950 4 $400 $18,200 $500 120 $18,700 $10,200 $6,000 $2,360 $0 $18,560 $ 37,260
2.4 Finalized Opinion of Probable Cost 2 $470 6 $1,230 12 $1,560 $0 12 $1,500 4 $660 4 $400 $5,820 40 $5,820 $0 $1,000 $0 $0 $1,000 $ 6,820
2.5 Electronic files $0 2 $410 2 $260 $0 4 $500 4 $660 $0 $1,830 12 $1,830 $0 $0 $0 $0 $0 $ 1,830 Subtotal 16 $3,760 120 $24,600 254 $33,020 36 $5,040 296 $37,000 258 $42,570 0 $0 16 $1,600 $147,590 $1,250 996 $148,840 $71,400 $64,000 $23,600 $0 $159,000 307,840 $ III BID ADVERTISEMENT, CONSTRUCTION ADMIN, RECORD DWGS.
3.1 Pre-bid meeting $0 4 $820 $0 $0 $0 $0 $820 $50 4 $870 $750 $750 $0 $0 $1,500 $ 2,370
3.2 RFI clarifications & addenda as necessary during bidding 4 $940 24 $4,920 24 $3,120 $0 $0 12 $1,980 2 $10,960 66 $10,960 $750 $1,500 $0 $0 $2,250 $ 13,210
3.3 Pre-construction meeting $0 4 $820 $0 $0 $0 $0 $820 $50 4 $870 $750 $750 $0 $0 $1,500 $ 2,370
3.4 Site Reviews bi-weekly (12 months) 12 $2,820 104 $21,320 52 $6,760 $0 $0 8 $1,320 $32,220 $600 176 $32,820 $3,000 $4,800 $0 $0 $7,800 $ 40,620
3.5 RFI clarifications & addenda as necessary during bidding $0 24 $4,920 24 $3,120 $0 $0 12 $1,980 2 $10,020 62 $10,020 $1,500 $3,000 $3,000 $0 $7,500 $ 17,520
3.6 Shop Drawings Submittal reviews $0 12 $2,460 24 $3,120 12 $1,680 $0 12 $1,980 $9,240 60 $9,240 $1,500 $1,200 $3,000 $0 $5,700 $ 14,940
3.7 Potential change order reviews 4 $940 8 $1,640 $0 $0 $0 $0 $2,580 12 $2,580 $500 $1,500 $0 $0 $2,000 $ 4,580
3.8 Fianl walkthrough and corrective punch list 2 $470 8 $1,640 $0 $0 $0 $0 2 $2,110 $50 12 $2,160 $1,500 $0 $0 $0 $1,500 $ 3,660
3.9 As Built Record Drawings $0 4 $820 $0 $0 4 $500 8 $1,320 $2,640 $300 16 $2,940 $0 $4,500 $0 $0 $4,500 $ 7,440 Subtotal 22 $5,170 192 $39,360 124 $16,120 12 $1,680 4 $500 52 $8,580 0 $0 6 $0 $71,410 $1,050 412 $72,460 $10,250 $18,000 $6,000 $0 $34,250 106,710 $ 114 $26,790 502 $102,910 522 $67,860 76 $10,640 504 $63,000 428 $70,620 226 $22,600 31 $2,500 $366,920 $3,467 2403 $370,387 $112,250 $149,000 $40,200 $16,135 $317,585 $687,972 5% MIG Sub Consultant Coordination $15,879
Grand Total $703,851
c o s t o f s e r v i c e
Subconsultant
Total
WWA BKF LRA
MIG
Total
Labor
Direct
Costs
Environmental Admin Support
Planner
Subtotal
Principal in Charge Sr. Proj. Mgr. Deputy PM Landscape Architect Project Associate Irrigation Designer v2
:
Fee Proposal
City Council 18 – 39 12/6/2022
Public Works Agency
www.santa-ana.org/pw
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 6, 2022
TOPIC: Architectural Design Services for Santa Anita Community Center
AGENDA TITLE
Approve Agreement with Little Diversified Architectural Consulting, Inc. for Architectural Design Services for Santa Anita Community Center in an Amount Not to Exceed $425,000 for a Three-Year Term (Project No. 22-1378) (Non-General Fund) (Revive Santa Ana Program)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Little Diversified Architectural Consulting to provide architectural design and contact documents for a new community center in the Santa Anita Park Project in the amount of $350,237, with a contingency of $74,763, for a total amount of $425,000, for a three-year term beginning December 6, 2022 and expiring December 5, 2025, with an option for two, one-year extensions, subject non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On July 19, 2022, the City Council authorized the award of a construction contract to Byrom-Davey, Inc. for the total park renovation that includes a new synthetic turf soccer field, sports lighting, built-in concrete bleachers incorporated into the grass slopes, upper terraces to allow for groups or event canopies, a basketball court, play equipment, a parking lot expansion, concrete walkways, site lighting, and landscape and irrigation. On September 6, 2022, the City Council authorized additional contingency funding to this contract to include construction of a new community center at Santa Anita Park (Exhibit 1)
On September 30, 2022, the Public Works Agency released Request for Proposals (RFP) No. 22-106A, by which it sought the services of a professional architectural firm to provide design and contact documents for a new community center in Santa Anita Park, to be constructed as part of the Byrom-Davey Inc. contract, utilizing the recently awarded additional contingency amount.
The RFP was advertised on the City’s online procurement management and publication system with Proposals due on October 21, 2022. Seven proposals were received and City Council 19 – 1 12/6/2022
Agreement with Little Diversified Architectural Consulting, Inc.
December 6, 2022
evaluated by a selection committee based on criteria outlined in the RFP. The following summarizes the top three responding firms and their ranking:
Firm City Rank
Little Diversified Architectural
Consulting, Inc.
Newport Beach, CA
1 Gooddale Architecture Planning Pasadena, CA 2
Kluger Architects Los Angeles, CA 3
Staff recommends awarding an agreement (Exhibit 2) to Little Diversified Architectural Consulting, Inc. to provide architectural design services based upon the scope of work and selection criteria outlined in RFP 22-106A. Their proposal demonstrated the firm has the necessary capacity and expertise to complete the required services. The firm’s rates are reasonable and within industry standard and the team qualifications are appropriate for this project. 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 for expenditure on the design services for this project.
EXHIBIT(S)
1. Location Map
2. Consultant Agreement with Little Diversified Architectural Consulting, Inc.
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
Fiscal
Year
Accounting Unit -
Account No.
Fund
Description
Accounting Unit -
Account No.
Description
Amount
2022-23 18117013-66200
(22-1378)
American
Rescue Plan
Act (ARPA)
ARPA-PWA, Building
Improvements $425,000
TOTAL: $425,000
City Council 19 – 2 12/6/2022
PWA
SANTA ANA
PUBLIC WORKS AGENCY
Project No. 22-1378
Santa Anita Park Community Center
Project
Location
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City Council 19 – 3 12/6/2022
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
LITTLE DIVERSIFIED ARCHITECTURAL CONSULTING, INC., FOR
DESIGN SERVICES FOR SANTA ANITA COMMUNITY CENTER
THIS AGREEMENT is made and entered into this 6th day of December 2022 by and between Little Diversified Architectural Consulting, Inc., a North Carolina 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 September 30, 2022, the City issued Request for Proposal No. 22-106A, by which it sought a qualified consultant to perform architectural consulting services for the City’s new outdoor community center planned at Santa Anita 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. 22-106A.
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 described in the Scope of Work that was included in RFP No. 22-106A, attached hereto as Exhibit A and incorporated in full, and as further described in Consultant’s Proposal, attached hereto 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 Consultant’s Fee Schedule, which is attached as Exhibit C and incorporated in full. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed Four Hundred Twenty-Five Thousand Dollars and Zero Cents ($425,000.00). The sum is comprised of (1) the base amount of $350,237 and (2) a contingency in the amount of $74,763 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 EXHIBIT 2
City Council 19 – 4 12/6/2022
procedures.
c. 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.
3. TERM
This Agreement shall commence on the date first written above and terminate on December 5, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to two (2) one-year periods upon a writing executed by the City Manager and City Attorney.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”).
City Council 19 – 5 12/6/2022
Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
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. 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 (Errors and Omissions): insurance appropriate to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
5. Broader Coverage: if the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
City Council 19 – 6 12/6/2022
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 connectionwith 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 notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).
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 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.
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 waiverof 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: If any of the required policies provide coverage on a claims-made basis:
i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
City Council 19 – 7 12/6/2022
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. 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.
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 allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time.
9. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors.
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 Council 19 – 8 12/6/2022
City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
City Council 19 – 9 12/6/2022
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
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: Little Diversified Architectural Consulting, Inc. 1300 Dove Street, Suite 100
Newport Beach, CA 92660
Attn: Jay Tittle, Studio Principal/Principal-In-Charge
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
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 City Council 19 – 10 12/6/2022
and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work that 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, 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 City Council 19 – 11 12/6/2022
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
19. JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder 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. FUNDING-RELATED PROVISIONS
Funds 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. Sections 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, available at https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf; c. Treasury Compliance and Reporting Guidance for the Act, available at https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf; 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; e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and
City Council 19 – 12 12/6/2022
f. Federal contract provisions attached hereto as Exhibit D and incorporated herein by reference.
Subcontracts, 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.
22. 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. In the event of any conflict or inconsistency between the terms and conditions in this Agreement and any terms or conditions set forth in any Exhibit, purchase order, or other document relating to the transactions contemplated by this Agreement, the terms and conditions set forth in this Agreement shall prevail. c. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: 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:
[signatures continued on next page]
City Council 19 – 13 12/6/2022
RECOMMENDED FOR APPROVAL
____________________________
Nabil Saba, P.E.
Executive Director
Public Works Agency
City Council 19 – 14 12/6/2022
EXHIBIT A
City Council 19 – 15 12/6/2022
City Council 19 – 16 12/6/2022
City Council 19 – 17 12/6/2022
City Council 19 – 18 12/6/2022
City Council 19 – 19 12/6/2022
City Council 19 – 20 12/6/2022
City Council 19 – 21 12/6/2022
EXHIBIT B
City Council 19 – 22 12/6/2022
Little Diversified Architectural Consulting, Inc.
1300 Dove Street, Suite 100
Newport Beach, CA 92660
949.698.1400
www.littleonline.com
NEW COMMUNITY
CENTER AT SANTA
ANITA PARK
RFP NO.: 22-106A
CITY OF SANTA ANA, CALIFORNIA
TECHNICAL PROPOSAL
OCTOBER 21, 2022
City Council 19 – 23 12/6/2022
1. STATEMENT OF QUALIFICATIONS
A. Cover Letter 1
B. Contract Agreement Statement 2
C. Firm and Team Experience 3
D. Understanding of Need 7
E. Relevant Project Experience 14
F. References 20
2. SCOPE OF SERVICES AND SCHEDULE
3. FEE PROPOSAL (SEPARATE ATTACHMENT)
4. CERTIFICATIONS
5. ATTACHMENTS
CONTENTS
City Council 19 – 24 12/6/2022
1 STATEMENT OF
QUALIFICATIONS
City Council 19 – 25 12/6/2022
October 21, 2022
City of Santa Ana
Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, CA 92701
Suzi Furhanic, Project Manager
RE: NEW COMMUNITY CENTER AT SANTA ANITA PARK; RFP NO.:22-106A Dear Ms. Furjanic and Selection Committee Members:
There are projects that come along once a decade, or less, that signal a shift in how a community imagines itself. These projects are moments in time that make a statement about aspirations, values, goals under the umbrella of the collective — this project, and all that it embodies, is important to your community. A new Community Center at Santa Anita Park is that project that will elevate you to the next level of regional and national prominence. What excites us about your project is the opportunity to partner with your community in facilitating in envisioning and then bringing to reality a space that will unify the community and amplify its identity.
These are the projects that light the fire of inspiration for any designer. From the opportunities to shape something iconic to crafting a story that is foundationally of its place in Santa Ana, the excitement among our team is palpable. The opportunities are unquestionable and boundless — but the challenges are significant as well. Right-sizing the project to fit both daily community needs as well as events; accommodating the diverse spectrum of users and visitors and seamlessly integrating a complex web of functional requirements so that, in the end, it works flawlessly; and developing a financial model that allows you to achieve your vision must be at the core of everything that you do.
Our team is uniquely positioned to tackle every one of these challenges, rooted in a deep well of experience. We have the creativity, energy, and experience to turn each of them into a benchmark for success (think Ocean’s 11 for community projects!). In Little you have a local team that brings not only regional expertise in community-driven sports, recreation, and wellness projects, but a depth of expertise in mixed-use and the private developer model — a critical component that will ensure the project fits into and is accretive to the value of your project. We will be by your side through your project to design beautiful, resilient landscapes that thrive.
Our passion for community-driven work drives our team to execute best-in-class, design-led work every single day. Your new Community Center at Santa Anita Park must be iconic, functional, beautiful, magnetic, affordable; woven into the fabric of the City and its people, and regional in its presence and aspirations. The project can write the next chapter for what Santa Ana is and what the City wants to be. We couldn’t be more excited to submit this proposal to partner with you and your team on this opportunity and be your design-led, problemsolving partner every step of the way.
Thank you for your consideration.
Sincerely,
1300 Dove Street, Suite 100, Newport Beach, CA 92660 | 949.698.1400 | www.littleonline.com Jay Tittle, AIA, ALEP
Studio Principal/Principal-In-Charge | #C12955 City Council 19 – 26 12/6/2022 CITY OF SANTA ANA: NEW COMMUNITY CENTER | 2
B CONTRACT AGREEMENT STATEMENT
We have reviewed the Proposed Agreement and have only one comment, as noted below.
For article 3.7.4.1 delete or modify the last sentence starting with: “In addition, ………obtain the documents.” We do not retain any paper documents, of any sort. All documents, including our files for your project documents will be stored electronically on our Cloud server.
City Council 19 – 27 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | 3
C FIRM TEAM AND EXPERIENCE
Innovative, passionate, dynamic, trustworthy, creative, talented, and fun - these words describe the people who make up Little.
We embrace a collaborative approach in the belief that we are stronger as a team than we can possibly be as individuals.
We believe in the overlapping of ideas at all levels, inclusive of all fields of design. Together we probe deeply to discover hidden opportunities that exist within each project, and we capitalize on those to add unexpected value for our clients and the communities they serve.
OUR CULTURE
CORE TEAM
CONSULTANTS
JIM CORDOVA
SFLA
Team Leader
10%
OTIS BLACKMON
RA
QA/QC Reviewer
10%
GUS GALINDO
Construction
Administrator
30%
FARNAZ MAHJOOB
WELL AP
Senior Project Manager
45%
MARGARITA
MARTINEZ
Project Facilitator
20%
JAY TITTLE
AIA, ALEP
Principal-In-Charge /
Design Principal
*Primary Point of Contact
5%
Kimley-Horn
CIVIL ENGINEERING &
LANDSCAPE ARCHITECTURE
John A. Martin & Associates
(JAMA)
STRUCTURAL ENGINEERING
Cumming
COST ESTIMATING
P2S
M/E/P & FP
ARACELI KRULL
Senior Designer
30%
OPTIONAL SERVICES
AESCO Tech
GEOTECHNICAL
P2S
COMMISSIONING
City Council 19 – 28 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | 4
C FIRM TEAM AND EXPERIENCE
Little is a diverse, multi-disciplinary national design firm known for breakthrough ideas that create a better future for people. We believe in the power of design to transform lives. Our culture fosters an entrepreneurial spirit in our people, and as a result we challenge the status quo and continually seek to advance our designs and processes. We do this while ensuring dedicated, selfless client service – every day.
We are recognized for developing exceptional design solutions that deliver
RESULTS BEYOND ARCHITECTURE
in the community, workplace, healthcare, and retail industries.
LEGAL FORM:
Corporation (North Carolina)
OWNERSHIP:
Phil Kuttner, CEO
John Komison, Chairman
Carol Rickard, Corporate President
Charles Todd, COO
NEWPORT BEACH
CHARLOTTE
DURHAM
ORLANDO
WASHINGTON, DC
380+
PEOPLE IN FIVE
LOCATIONS
YEAR LITTLE WAS FOUNDED
58 YEARS IN BUSINESS
1964
COMPANY, LOCATION & AUTHORIZED REP:
Little Diversified Architectural Consulting, Inc.
1300 Dove Street, Suite 100
Newport Beach, CA 92660
Jay Tittle, AIA, ALEP - Studio Principal
T. 949.698.1400 | F. 949.698.1433
E. [email protected]
Our California Community practice, led by Jay R
Tittle, is composed of a team of professionals who
have dedicated their careers exclusively to the
design of California Community & Civic Projects.
Our expertise covers all project types, large and
small, including renovations and modernizations,
new construction, ADA upgrades, interior upgrades,
utility upgrades, and similar project scopes.
• ARCHITECTURE
• INTERIORS
• ENGINEERING
• SUSTAINABILITY
• SITE DESIGN
• BRANDING
• DIGITAL VISUALIZATION
• INTEGRATED FACILITY
TECHNOLOGY
LITTLE IS AN EQUAL OPPORTUNITY EMPLOYER
Little is a professional organization representing diverse backgrounds, races, and beliefs. This diversity is pivotal to our success in serving our clients and for making this such an exceptional company to be part of. We value the differences among ourselves and show a high degree of professional courtesy and respect to one another. Little is committed to being an equal opportunity employer. In accordance with anti-discrimination law, we expressly prohibit any form of discrimination and workplace harassment based on race, color, religion, gender, sexual orientation, gender identity or expression, ethnic/national origin, age, disability, genetic information, or marital or military/veteran status. Little conforms to the spirit as well as to the letter of all applicable laws and regulations.
NUMBER OF YEARS EXPERIENCE:
IN-HOUSE SERVICES:
More than a traditional architecture firm, Little offers clients a complete range of diversified architectural consulting services:
City Council 19 – 29 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | 5
C FIRM TEAM AND EXPERIENCE
Little (a North Carolina Corporation) was established in 1964 by William (Bill) Little, mentoring new generations of designers and leaders. During the past 56 years, Little has completed projects for hundreds of public school clients throughout the country.
Today, Little is a highly diversified firm of nearly 400 professionals in five locations across the country. For over five decades, Little has been serving a wide range of clients and has built up a complete in-house expertise and capabilities for holistic, integrated architecture and engineering – providing clients with the most efficient, sustainable, high-performance design.
We are driven by our commitment to demonstrate that design has a powerful and measurable impact on improving human and organizational performance. In doing so, we are advancing the relevance and importance of design among people in the organizations and communities we serve.
Little is dedicated to enhancing client performance by
orchestrating the right mix of expertise, creativity and innovation to design new dimensions of success.
Our current corporate management structure is a matrix with leadership of our practice areas (Community, Retail, Healthcare, Workplace and Consulting Specialties) partnering with our office leadership in Newport Beach, CA; Charlotte, NC; Durham, NC; Orlando, FL; and Washington, DC. This management group
is led and supported by a CEO, Phil Kuttner, and a President, Carolyn Rickard-Brideau.
FIRM-WIDE STAFF
BREAKDOWN
90 ARCHITECTS
38 ENGINEERS
19 ARCHITECT INTERNS
30 INTERIOR DESIGNERS
10 LANDSCAPE ARCHITECTS
2 ACCREDITED LEARNING
ENVIRONMENT PLANNERS
3 LIGHTING CERTIFIED
24 LEED ACCREDITED
PROFESSIONALS
4 WELL ACCREDITED
PROFESSIONALS
1 CERTIFIED PLANNER
1 BUILDING ENERGY MODELING
PROFESSIONAL
Architecture
Design
Project Execution
Construction
Quality Assurance
Engineering
Structural Engineering
Mechanical Engineering
Electrical Engineering
Lighting Design
Low Voltage Engineering
Interiors
Interior Design
Programming
Space Planning
Occupancy Strategy
Change Management
Site Design
Landscape Architecture
Civil Engineering
Land & Master Planning
Urban Design
Site Development/Entitlements
Consulting
Sustainability
Sustainability & Wellness
Certification Management &
Execution
Environmental Impact Analysis
Building Performance
Optimization
Energy & Daylight Modeling
Facility Assessments &
Feasibility Studies
Branding
Brand Strategy
Experience Design
Environmental & Print Graphics
Wayfinding & Signage
Digital Visualization
Renderings, Animation, &
Interactive Business Tools
Capital Campaign, Pre-Leasing
Corporate Communication
Videos
Virtual & Augmented Reality
Digital Signage & Content
Development
Integrated Facility Technology
IWMS Consulting &
Implementation
Building Sensor/Mobile
Engagement Implementation
Computer Aided Facility
Management
More than a traditional architecture firm, Little offers clients a complete range of diversified architectural consulting services.
City Council 19 – 30 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | 6
C FIRM TEAM AND EXPERIENCE
KIMLEY-HORN
CIVIL ENGINEER & LANDSCAPE ARCHITECT
Kimley-Horn and Associates, Inc. is a full-service, privatelyowned consulting firm recognized as a leader in providing comprehensive and innovative environmental, planning,
transportation planning and engineering, and civil and structural services to public and private-sector clients. Kimley-Horn provides clients with a team of experienced planners in a firm including more than 600 civil and transportation engineers, planners and environmental specialists, and other design professionals in 12 offices throughout California - where we have conducted business for over 20 years.
Founded in 1967, we have grown from a small group of traffic engineers and transportation planners to a multidisciplinary firm of over 6,100 employees in more than 106 offices nationwide.
Our continued growth and stability over the past 55 years is the direct result of our commitment to integrity and dedication to providing quality client servic. Much of our growth extends from the confidence and trust that clients have in us. Our long record of technical achievements is enhanced by our reputation for effective management and personal service. Our clients receive the local knowledge and responsiveness of a small firm backed by the resources only a national firm can provide. With the Kimley-Horn team, your best interest will always be the focus of our efforts. Kimley-Horn has worked with Little for more than 22 years on over 100 projects.
CONTACT
Mr. Barsin Bet Govargez, P.E. - Civil Engineer
1100 W. Town & Country Road, Suite 700
Orange, CA 92868
T. 657.204.5037 | E. [email protected] www.Kimley-horn.com
JOHN A. MARTIN & ASSOCIATES (JAMA)
STRUCTURAL ENGINEER
With 70 employees located in offices in Southern and Northern California, John A. Martin & Associates (JAMA) works to complete structural designs for an annual average of 12 million SF of new construction worldwide. Founded in 1953, the firm has proven capabilities in structural design for all project types and sizes, completed in both the private and public sectors. By continually embracing new and expanding design and analysis technologies, JAMA delivers faster and more efficiently. An in-house BIM Director and skilled Production staff allow the firm to balance cutting edge techniques with lessons learned from over 68 years of engineering practice to address a range of renovations, new construction and rehabilitation projects. JAMA has worked with Little for more than 40 years on over 70 projects.
CONTACT
Shane Fitzgerald, S.E., DBIA - Partner
T. 213.785.3161 | E. [email protected]
950 S. Grand Avenue, 4th Floor, Los Angeles, CA 90015
www.johnmartin.com/
Firm Overviews:
Subconsultants
City Council 19 – 31 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | 7
C FIRM TEAM AND EXPERIENCE
P2S
MEP / FP ENGINEER
P2S, Inc. has brought forward-thinking, sustainable engineering solutions to California and beyond for over 31 years. We provide mechanical, electrical, and plumbing engineering and design services to both public and private K-12 institutions. Our services have spanned over 30 K-12 districts in California, including renovations, expansions, new builds, energy assessments, and campus-wide modernizations. Just as importantly, we know how to keep your school operational so students can continue to learn, interact and thrive. P2S has worked with Little for more than 5 years on 14 projects.
CONTACT
Mr. Wesley McKean
Associate Principal/Engineering Group Leader
5000 E. Spring Street, Suite 800
Long Beach, CA 90815
T. 562.497.2999 | E. [email protected]
www.p2sinc.com
CUMMING
COST ESTIMATING
Cumming Management Group, Inc. (Cumming) is a privately held corporation founded in California in 1996. Cumming is a leader in providing project consulting services to the A/E/C industry, including cost and project management, planning and scheduling, and construction dispute resolution. Now beginning its 26th year of business, Cumming has 1,200 team members within 40 office locations, which provide services to clients around the world.
Throughout its history, the company has remained focused on one goal: to assist its clients in managing the critical issues of time and cost from conception through closeout. With an understanding of program goals and expectations, a suite of solution-oriented services is provided to meet the project needs.
CONTACT
Mr. Alan Campbell, MRICS, NEBOSH
Managing Director - Cost Services
130 Vantis Drive, Suite 110
Aliso Viejo, CA 92656
T. 949.334.8868 | E. [email protected]
https://cumming-group.com
City Council 19 – 32 12/6/2022
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D UNDERSTANDING OF NEED
GOAL SETTING AND COMMUNITY ENGAGEMENT
Our design team will initially conduct visioning sessions with all project stakeholders, including users, City property management and maintenance staff as well as others as desired. This collaborative goal setting ensures a common understanding from the inception of the project and establishes the foundation for how we will measure success at project completion. Ultimately your definition of success is the only one that matters.
Part of these visioning explorations also involve actively engaging your community. Given the public health concerns, this is a particularly challenging time to gather public input, however there are a number of ways to approach the challenge. It will be important to provide a variety of methods to get maximum participation and inclusivity, ideas such as:
• Groupmap exercise. This is the quietest brainstorming session one could attend! This online platform allows
participants to provide their ideas as well as provide feedback on other participants ideas in real time. It is a wonderful tool to get folks who ordinarily wouldn’t speak up in a public setting to have their voice heard.
• Outdoor public meetings. These could be small group
meetings, socially distanced, at various times during the day so that they are flexible and accessible. Or use a football field to do a more physically interactive exercise with children in the community.
• A community bulletin board. Post a bulletin board, supplied with sticky notes and pens, with question prompts for
community members to post their comments in City Hall, the Memorial Park Center, or the Police Department. Photos
could be taken daily to track the development.
• Online town hall meeting. These could be moderated
discussions with “breakout rooms” to allow for smaller group discussions.
Group Map
This is a sample of a GroupMap exercise that was conducted with library leadership from Union, Cabarrus, Wake and Harnett Counties last month to help them brainstorm ideas surrounding evolving their services to meet current health needs. The session lasted 90 minutes and gleaned a great deal of ideas. One participant stated, “Thank you for the opportunity to participate in this really cool collaborative exercise. I am typically not a fan of brainstorming sessions but this was actually enjoyable.”
HOW DO WE GENERATE THE
BEST RESULTS?
Our entire process involves collaboration
with our clients and partners, so that each
project results in something we’ve created
together.
City Council 19 – 33 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | 8
D UNDERSTANDING OF NEED
OUR WORK
Our work is characterized by a combined focus on design excellence, innovation and exceptional service. Little’s Workplace Practice is built upon decades of experience. Our team of workplace designers, planners, strategists and thought leaders truly understand how your space can positively impact every aspect of your business.
OUR METHODOLOGY
Our design process is characterized by intense collaboration between each design discipline, our client and users, from project inception through occupancy. As a multi-disciplinary firm, we leverage each of our design disciplines to maximize the potential of every project. We fuse our diverse knowledge with that of our client to create solutions that measurably improve the performance of the people and organizations we serve.
OUR CULTURE
Innovative, passionate, dynamic, trustworthy, creative, talented and fun - these words describe the people who make up Little.
We embrace a collaborative approach in the belief that we are stronger as a team than we can possibly be as individuals. We believe in the overlapping of ideas at all levels, inclusive of all fields of design. Together we probe deeply to discover hidden opportunities that exist within each project, and we capitalize on those to add unexpected value for our clients and the communities they serve.
THROUGH DESIGN WE HAVE THE
OPPORTUNITY AND RESPONSIBILITY TO
MEASURABLY IMPROVE PEOPLE’S LIVES.
Our Design
Philosophy
City Council 19 – 34 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | 9
D UNDERSTANDING OF NEED
Regenerative
Design
PATHWAY TO A REGENERATIVE FUTURE
SYSTEMS THINKING
HEALTH
We will design
environments that
elevate the health &
wellness of the people
who use them
ENERGY
We will use a smart,
responsible design
approach to reduce
the energy demand
of our projects
WATER
We will design for
the preservation &
conservation of water
SOCIAL EQUITY
We will embrace
Universal Design and
design for Social Equity
through empathetic,
inclusive and
intentional planning
AT LITTLE, WE WORK EVERY DAY TOWARD A GOAL OF DESIGNING
PROJECTS THAT NOT ONLY DO LESS HARM, BUT ULTIMATELY DO GOOD – REGENERATIVE PROJECTS THAT ACHIEVE A SUCCESSFUL BALANCE BETWEEN ENVIRONMENTAL, ECONOMIC AND HUMAN FACTORS.
Each of our projects is highly focused on health of people and the environment. We employ a diverse set of skilled individuals who ensure that each of our projects meets specific criteria and has a specific emphasis on the following issues:
City Council 19 – 35 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | 10
D UNDERSTANDING OF NEED
We understand the opportunity ahead – to create a multipurpose destination that bolsters economic vitality and serves the community for decades to come. Our planning and design approach will center on these key tenants of a communityfocused facility:
• Creating a flexible multipurpose center for sports and community functions
• Designing an architecturally iconic center that inspires and establishes a sense of place
• Fostering well-being of people and place through energy efficient, sustainable, and public health initiatives.
• Establishing a catalyst for mixed use development and community growth
EXPERIENCE
Modern recreation and sports complex facilities are a catalyst for holistic health—housing services that improve the mental and physical wellbeing of their community members as well as provide inspiring spaces for human performance.
When designed to serve a diverse range of interests, recreational and sports programs benefit the whole person—mind, body, and spirit. Risk-taking activities like rock climbing build confidence, while strength training heightens concentration—both of which contribute to improved cognitive performance. Multi-purpose spaces for yoga and meditation offer mechanisms for reducing stress and improving mental health. Social connections formed during group exercise give patrons a sense of community— an important pillar of sustained health.
When sustainably designed, the building itself contributes to the wellbeing of its occupants. Strategies
that prioritize air ventilation and lowVOC materials enhance indoor air quality, which improves cognitive
function. Interior glass partitions
facilitate access to natural light and
promote social connection, both
known to bolster community energy.
Well organized spaces and highquality materials create a welcoming environment—contributing to the
overall user experience.
BRAND
The image of the building will represent its purpose, with an aesthetic that visually communicates innovation in recreation and community development. The building will balance modern design and City design standards, existing in harmony with the fabric of its surroundings while elevating the facility as a state-of-the-art attraction. Designed for unending discovery, the building will draw people back again and again.
DESTINATION
The building must create a memorable first and last impression, drawing people toward it with a design that is evocative, enabling visitors to experience the building in ways that inspire the human spirit. The facility will serve as a welcoming gesture of hospitality, inviting people to socialize and be inspired by the activities that unfold within.
A cross-disciplinary approach to recreation and sports facilities improves both the wellbeing of its members and the long-term vitality of the community. Robust amenities in a well-designed space attract new residents as well as tournament environments that people look forward to visiting and participating. Multi-modal spaces enhance building flexibility and adaptability, ensuring longterm relevance as the community focused facility.
DESIGN AND DECISION MAKING
Our belief is that a successful project must have clear direction and parameters from the very beginning. Our process is designed to reconcile needs, costs, and schedule clearly and quickly. ‘9 SQUARE’ PLANNING APPROACH
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CITY OF SANTA ANA: NEW COMMUNITY CENTER | 11
D UNDERSTANDING OF NEED
One of the first tasks of the process is to work with the City of Santa Ana is to customize the techniques noted below to form an inclusive, effective decision-making and consensus-building organization. When the project is finished, we want the entire core group/design team to believe without doubt that all ideas were explored, and the very best design solution was executed.
Our approach to planning begins with a thorough review and understanding of the vision. We will investigate not only the focus on current design trends in indoor recreation and sports facilities, but also your fiscal framework as it relates to programming and operations. We understand that informed decisions made at the beginning of the project guide the best directions taken during the design phase.
The design team will review in detail all relevant information in context with the existing site, our findings from visits, conversations, and interactions with all key stakeholders. Early design workshops will be conducted with designated key staff to further our knowledge of specific desires, your current and anticipated needs, as well as outline all sustainable goals.
Project goals, priorities, expectations, and key milestones will be established early on and used to benchmark the project’s success.
The team assembled for this project strongly values the importance of listening and understanding the characteristics/ uniqueness of each opportunity. Having completed numerous sports and recreation complexes across the country, our team is aware of many unique and key issues that are critical to the success of this project.
ENGAGING COMMUNITY
We design with communities to create spaces where they can build community now and in the future. Our tailored engagement process is focused on place-making to help build consensus and shared ownership of the project. Community consensus and support during the design will be integrally linked to the success of the project. Our comprehensive process, assessment, communication, goal setting, and workshops allow us to
design with the community. The key to achieving design and programming consensus is to provide an inclusive, transparent process that allows the community to understand design goals, while providing an opportunity for meaningful input.
INTERACTIVE WORK SESSIONS
Interactive ‘work sessions’ are the baseline to our approach and will involve key personnel from the City and the design team.
These work sessions define and explore issues, brainstorm concepts and reach conclusions.
It is anticipated that design team workshops will be one a month (in person) through construction documents. In addition, we recommend having a working video conference meeting (every 2 weeks) to address any issues that may come up throughout the process.
We are committed to sustainable or ecological design with every project. This means making sure that our design efforts work with our earth’s ecological systems. Sustainable initiatives will be an integral part of this effort.
COMMUNICATE
Iteration — in concert with you, our client — is a core part of our process. Our ‘9 Square’ planning approach is a well-honed process of workshops and consensus building that allows project designs to evolve naturally and without roadblocks. The workshop approach concentrates involvement of stakeholders to make efficient use of their time, experience, and input while creating a positive buy-in to the major ideas behind the design concepts and why decisions have been made.
CONSTRUCTION DELIVERY EXPERIENCE
With a national footprint, our team has extensive experience in all forms of construction delivery. For projects to be successful under this method, the architect must engage early on and maintain constant communication with the construction partner.
Early involvement of the construction partner allows for critical, informative decisions to be made that in return save time and money.
WE WILL MAKE IT HAPPEN
Our team philosophy is “we will make it happen.” Our staff is trained to be resolution driven with a focus on execution and timely completion. We insist that all our sub-consultants share our same hands-on approach to our clients. Our goal on every project is to generate a successful project which is measured by client satisfaction. We are very successful in developing award winning projects, but this is not the sole driving force behind our project delivery approach. Our number one goal on every project is a highly satisfied client.
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D UNDERSTANDING OF NEED
QUALITY ASSURANCE
Quality Assurance and Quality Control are not singular events that occur once or twice during a project. They are ongoing processes that purposefully inform the entire project design, documentation and construction. To ensure we deliver on our commitment to quality and the results we promise, we have dedicated resources within our team to help facilitate the following:
Build the Right Team – We begin by dedicating hands-on senior leadership to the client and project, to bring depth of expertise and authority to adjust staff and resources as required.
Establish Clear Roles and Accountability for Project Goals – Our Project Plan makes responsibilities, milestones and deadlines clear to all team members, and weekly coordination meetings ensure that the overall project is progressing properly.
Capitalize on the Best Collaboration Tools -
• Building Informational Modeling (BIM)
• Newforma, a powerful project management tool that enhances collaboration • Project Websites, a single repository for all information that provides protected access
Be Proactive About Coordination – The Project Plan includes work sessions for the entire team (including A&E teams) to discuss and resolve questions and coordination issues and to confirm your needs are being met throughout the evolution of the design.
Conduct Deliberate Quality Assurance Reviews – Peer reviews of construction documents are orchestrated at key points in the process and to help ensure that we are including all information the contractor needs.
Maintain Staff Continuity – By maintaining the same team throughout the project, project goals developed at inception and decisions made during the design are maintained through construction.
QUALITY CONTROL
Focus on Construction Contract
Administration – To ensure continuity of
project goals, team members assigned
to Construction Contract Administration
have been part of the project team in
design and production.
Establish Teamwork – We proactively
educate the contractor on the project’s
history, goals and key design drivers.
Our CA team works with the contractor
and client representatives to establish
expectations early in the construction
phase to pro-actively provide guidance
on project requirements and identify
deficiencies.
Manage the Process – Well executed
process management is crucial for any
construction project. Timely decisions
must be made to maintain the project
schedule and minimize changes. We
manage this activity through a protected
project website that documents and
tracks deadlines for submittals and
approvals, RFI’s, requests for change
orders and project logs.
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D UNDERSTANDING OF NEED
HOW DO YOU MANAGE THE PROCESS?
To stay on top of all issues throughout the construction phase, we use an electronic and protected CA website to track all constructionrelated information, which provides the following benefits:
• All project information resides in a single electronic file and is accessible from any location.
• Upcoming deadlines for submittals and approvals
automatically appear in advance to enable us to identify critical path deadlines and make sure the contractor is aware of that deadline.
• All submittal and approval ‘deadlines’ and ‘actuals’ are clearly evident to the entire project team, which enhances accountability and provides an early warning system for delays. • All Requests for Information and Change Orders are tracked in one location, providing a real-time log that holds all parties accountable for meeting each other’s needs.
• In the absence of any team member, all other team
members have immediate access to the information and are able to keep the project moving forward. The construction phase of the project is a critical one; decisions must be made in a timely fashion to assure that the project schedule is maintained and any changes to the project are kept to a minimum. As projects move into construction, the focus shifts to monitoring the performance of the contracts. The most schedule-critical part of our service is to provide timely submittal reviews, responses to questions and requests for information. Our team is committed to assisting the building process and will go beyond expectations to be proactive and engaged.
• Little takes our Quality Assurance and Quality Control very seriously, so when change orders arise on project, we react quickly to ensure quality is maintained and costs are under control. We will provide full design solutions and coordination with the contractor for any item that is an error or omission on the project, tracking these items on a spreadsheet that is made available to the owner.
PROJECT CLOSEOUT
There are three components of the project close-out process that we feel are vital to the overall success of the project:
• O&M Procedures:
We believe that our ability to document O&M procedures, as-built drawing, warranty, and legal requirements in a way that is usable to the College once you take occupancy is unparalleled in the design industry.
• Post Occupancy Evaluation:
Typically conducted one year after building occupancy, Little will perform an evaluation to determine how the building is performing. This goes beyond the standard warranty walkthru to determine overall functionality, durability, and user satisfaction.
• Success Measurement:
Establishing goals and objectives in early Visioning Sessions sets the tone for follow up after the building is completed to evaluate and benchmark the success of the design as
it relates to their impact on your bottom line; i.e. ability to positively impact the quality of education.
WHO’S ON THE OTHER END OF THE
TELEPHONE?
Little will lead the Construction Administration effort for your project. We will coordinate all project
related correspondence; track submittals, shop
drawings, and RFI’s; and ensure timely responses
so that the project stays on schedule.
HOW DO YOU STAY AHEAD OF THE
CONTRACTOR?
Our priorities during the construction phase
include being proactive to remain constantly
ahead of the contractor in shop drawing
submittals and sample approvals, responses to
RFI’s, and on-site issue resolution. CONSTRUCTION ADMINISTRATION City Council 19 – 39 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | 14
E RELEVANT PROJECT EXPERIENCE
PROJECT/OWNER/LOCATION SCOPE Year
Complete CLIENT CONTACT
Kinesiology, Athletics & Aquatics Center
Orange Coast College
Costa Mesa, CA
13,000 SF (37,650 GSF of Conditioned Program;
9,250 GSF Shade Canopy; 65M x 75’ Competition
Pool; 25-Yard x 75’ Instructional Pool); $32M
2020
Ms. Rachelle Favis
Program Manager
714.559.1449
[email protected]
Locker Room Renovation
Orange Coast College
Costa Mesa, CA
Locker Room Renovation/Access Compliance;
$2,723,428.00 2020
Ms. Rachelle Favis
Program Manager
714.559.1449
[email protected]
Gender Neutral Restroom & Mother’s
Room Remodel
San Diego Convention Center
San Diego, CA
260 SF; Remodel/Renovation; ADA Access;
$125,000 2019
Ms. Jennifer Baker
Project Manager
619.525.5263
[email protected]
Verdugo Gym
Glendale Community College
Glendale, CA
16,400 SF; 2-Story Gym addition to existing
Verdugo Gym; Seismic Upgrades; Sustainable &
Wellness Design - LEED Certified; $31M
2019
Ms. Silva Sorkazian
Design & Construction Mgr.
818.561.0456
[email protected]
San Elijo Campus Student Services &
Administration Building
MiraCosta Community College
Cardiff, CA
11,320 SF New Bldg.; Consolidated all Student
Services under One Roof; Admin. Offices; Meeting
Spaces; Bookstore; Healthcare Center; $31M
2022
Mr. Tom Macias
Director of Facilities
760.522.6838
[email protected]
Oceanside Campus, B1000
Administration Building Renovation
MiraCosta Community College
Oceanside, CA
18,000 SF; Renovation to Admin. Bldg. on main
campus housing entire college executive team;
$7M
2022
Mr. Tom Macias
Director of Facilities
760.522.6838
[email protected]
Skyline Hills Branch Library
City of San Diego
San Diego, CA
Updated Library to serve growing population in
Community; Won the 2017 Unique Special Project
Merit Award from AGC Build San Diego & 2018
Construction Risk Partners Build America Award
for buildings under $10M New Construction from
the Association of General Contractors; $8.8M
2017
Ms. Misty Jones
Library Director
619.236.5870
[email protected]
Washington Elementary School
Modernization & Library
Pomona USD
Pomona, CA
27,022 SF; Modernization/Additions; New
Technology; Flexible Furniture; High-Performance,
NextGen Learning Environments; WELL Building
Design Concepts; $34M
2019
Mr. Ed Cunningham
Principal, LCC3
909.476.3567
[email protected]
Sonora HS Gym
Fullerton JUHSD
Fullerton, CA
New 2-story gym, 28,000 SF, w/weight training,
dance, lobby, support spaces, sitework;
$13,191,911
2019
Mr. Todd Butcher (retired)
Former Director of Facilities
951.453.0163
[email protected]
Duarte High School Sports Complex
Duarte USD
Duarte, CA
Sports Complex In Progress
Mr. Brad Patterson (retired)
Former Chief Facilities Officer
626.203.3039
[email protected]
South Orange County Community
College District
Mission Viejo, CA & Irvine, CA
1. Saddleback College, TAS Swing Space II
2. Irvine Valley College, ADA Upgrades Phase I
3. Saddleback College, PE Renovation
4. Districti-Wide ADA Upgrades/District
Warehouse Canopy
5. Saddleback College, Parking Lots 10, 11, 12,
13 Resurfacing
1. 2017
2. 2020
3. 2020
4. 2022
5. 2021
Mr. Park Davis
Assistant Director, Facilities Capital
Outlay Projects (Acting)
949.943.4610
[email protected]
City Council 19 – 40 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | 15
E RELEVANT PROJECT EXPERIENCE
PROJECT/OWNER/LOCATION SCOPE Year
Complete CLIENT CONTACT
Building C Site Barrier Removal
Pasadena City College
Pasadena, CA
ADA Compliance Upgrades; Reconstructing
Drainage Lines; $450,000 2019
Mr. Richard Laret
Executive Director of Facilities &
Construction Services
626.585.7691
[email protected]
Moorpark College Signage & Wayfinding
Ventura Co. Community College District
Moorpark, CA
Branding/Signage/Wayfinding 2021
Mr. John Sinutko
Director of Facilities
805.378.1454
[email protected]
Facilities Master Plan
Charlotte-Mecklenburg Library
Charlotte, NC
FMP to ensure future capital investments made
throughout the County are maximized & targeted
to address existing users. The plan will be
utilized in the upcoming Mecklenburg Co. Capital
Improvement Plan budget process for the FY2024-
2028 5-year plan.
In Progress
Ms. Becky Miller
Project Manager
704.578.9998
Becky.Miller@
mecklenburgcountync.gov
Wilson Family YMCA & Teen Center
YMCA of the Triangle
Wilson, NC
3-Story Bldg; State-of-the-Art Wellness Venue for
Teens & YMCA Members; Multi-Functional Gym;
Exercise Equipment Area; Studios/ Natatorium;
Pool; Community Meeting Areas
In
Progress
Mr. Tim Carr
Real Estate & Facility Mgmt.
919.719.9622
[email protected]
Student Union
Campbell University
Buies Creek, NC
Meeting Spaces; Food Service; Fitness; Retail;
Student Services 2019
Mr. Scott Phillips
Dir. of Facilities Mgt.
910.893.1610
[email protected]
Government Center South & Library
Harnett County
Lillington, NC
58,000 SF plus 6,000 SF Addition; Consolidation
of Library/Training Center/Admin Offices for
County; Meeting Spaces; Training Areas; $22.2M
2021
Mr. Steve Ward
Director of Public Utilities
910.893.7575
[email protected]
Warlick Family YMCA
Gaston County YMCA
Gastonia, NC
48,000 SF; Multi-Functional Gym; (2) Pool Aquatic
Center; Land Planning; Fundraising Assistance;
Admin. Offices; 2-Story Kids Adventure Climbing
Station; Cafe; Boathouse; Chapel; Athletic Fields;
$15,968,893
2018
Ms. Michelle Bowers
Executive Director
704.810.8597
[email protected]
Taylor Family YMCA & Cary
Aquatic Center
YMCA of the Triangle
Cary, NC
15,000 SF; Zero-Entry Kids Pool; Secure
Vestibules & Lobby; Locker Rooms; Land
Planning; Pool Design; Some Elements are LEED
Certified
2020
Mr. Tim Carr
Real Estate & Facility Mgmt.
919.719.9622
[email protected]
Main Library Interior Renovation &
ADA Upgrades
Gaston County Library
Gastonia, NC
Facilities Assessments; Interior Renovation; ADA
Compliance Upgrades In Progress
Ms. Sara Gilbert-Kay
Project Coordinator
704.862.6627
[email protected]
Valerie Woodard Center Phase III
Mecklenburg County
Charlotte, NC
Community Support Spaces; County Office
Spaces; Conference & Training Rooms; Flexible/
Adaptable Spaces; Healthy Work Spaces;
LEED Platinum Certified - the first in the County;
$62,649,810
2019
Mr. Steven Sweat, AIA, LEED AP
980.314.2521
steven.sweat@
mecklenburgcountync.gov
Community Center
Holy Cross Catholic Church
Orlando, FL
1,000-person Facility; Flexible Meeting Rooms;
Large Gathering Space; Improved Parking; Site
Improvements
2019
Father Esau Garcia
407.931.6226
[email protected]
City Council 19 – 41 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | 16
E RELEVANT PROJECT EXPERIENCE
COMPTON COLLEGE: COLLEGE POLICE/
PUBLIC SAFETY BUILDING
Compton, CA
The Compton Public Safety Building is the campus’ hub for Campus Police related operations. The facility serves as a dispatch, training facility, and support space for campus officers and serves as the student, administrators, and public touch point to campus safety.
The project was charged with the task of providing high security, meeting the complex daily needs of campus officers and their equipment, and implementing a layout that would boost officer’s efficacy. A key component of hitting these priorities was the team’s interactive and immersive activities during the programming and schematic phase of the project. The users and stakeholders of the project were asked to think about specific spaces, how they are used, and were asked to assemble bits and pieces of the program to come up with a facility that reflected their needs. The finalized design not only addresses the needs of the College but responds to the existing site along Artesia Blvd, environmental conditions, and campus appeal.
Services: Architectural Design | Landscape Architecture OWNER CONTACT:
Ms. Linda Owens
Director of Facilities
310.900.1600 ext. #2606
[email protected]
COST:
$2.1M
YEAR COMPLETE:
2020
PROJECT RELEVANCE:
• Public Entity Projects
• Police/Public Service Building
City Council 19 – 42 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | 17
E RELEVANT PROJECT EXPERIENCE
GLENDALE COMMUNITY COLLEGE:
VERDUGO GYM EXPANSION & ADA/
SEISMIC UPGRADES
Glendale, CA
This project consists of a new $31M, 16,400 SF, 2-story gym addition to the existing Verdugo Gym. The new structure is steel framed at the upper gym level with buckling restrained braced frames for seismic, resting on a concrete podium for locker and fitness rooms at the lower level.
The scope also included a voluntary seismic upgrade to the existing 39,000 SF Verdugo Gym, a concrete structure with a wood sheathed roof. The upgrade focused on properly anchoring the concrete walls to the roof.
This project incorporated sustainable and wellness design and pursued LEED certification.
Services: Architectural Design | Landscape Architecture | Land Development | Civil Engineering | Structural
Engineering
OWNER CONTACT:
Silva Sorkzaian
Facilities Project Manager
Glendale Community College District
T. 818.561.0456
E. [email protected]
SF & COST:
16,400 SF | $31M
YEAR COMPLETE:
2022
PROJECT RELEVANCE:
• Public Entity Project
• Gym
• Locker Rooms
• Fitness Rooms
• Sustainable & Wellness Design
• LEED Certified Project
• Seismic Upgrades
City Council 19 – 43 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | 18
E RELEVANT PROJECT EXPERIENCE
ORANGE COAST COLLEGE:
KINESIOLOGY, ATHLETICS, & AQUATICS
COMPLEX
Costa Mesa, CA
The project was a product of a truly collaborative effort between OCC’s Kinesiology & Athletics division and Little. During the early stages, the Division’s goals were defined through visionary & programming exercises. These goals guided the team in tackling both design & budgetary challenges throughout the project, which was conceptualized w/the simple idea of “movement” to reflect a key characteristic of both kinesiology & athletics. Movement is reflected in the architectural elements that flow from the northern welcoming wing of Division Offices & Athletic Training to the southern end facilitating aquatics. The complex houses programs such as adapted PE, equipment management, and locker and team rooms. Working with an ambitious program, tight site, and budget constraints, among other challenges, the success of this project was a result of the team effort between the college and Little. The project included 113,000 SF (37,650 GSF of Conditioned Program; 9,250 GSF Shade Canopy; 65M x 75’ Competition Pool; 25-Yard x 75’ Instructional Pool).
Services: Architectural Design | Landscape Architecture | Land Development | Civil Engineering | Structural Engineering OWNER CONTACT:
Ms. Rachelle Favis
Program Manager
714.559.1449
[email protected]
SF & COST:
113,000 SF | $32M
YEAR COMPLETE:
2020
PROJECT RELEVANCE:
• Public Entity Project
• Aquatic/Athletic/Kinesiology
Complex
• Pools
• Gathering Spaces
City Council 19 – 44 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | 19
E RELEVANT PROJECT EXPERIENCE
CITY OF SAN DIEGO: SKYLINE HILLS
BRANCH LIBRARY
San Diego, CA
The Skyline-Paradise Hills Community had seen 60% growth in population over the past 40 years. Boasting one of the most diverse populations in San Diego, the Branch seeks to serve as a ‘gateway’ and civic ‘signature’ into a unique community that celebrates diversity and growth through education. In response to this need, Little developed DREAM, HOPE, INSPIRE, a design mission centered around inspiring life-long learning through connection to knowledge and vice versa. Weaving this concept throughout our design fulfilled the Community’s desire for a 21st Century library that celebrates community, rich languages, and a love of reading for pleasure. The philosophical design response seeks to “Improve the Human Condition,” understanding that learning and growth happen holistically through mind, body and spirit enrichment. Human senses of touch, sight, taste, smell and hearing was stimulated through fragrant gardens, inspirational architecture, technologies, food service, creative learning space, interactive art, audiovisual stimulation and collaborative assembly space. The design aesthetic was a timeless inspirational design with cultural diversity celebrated through ethnic arts installations emphasizing the themes of DREAM, HOPE, INSPIRE.
Services: Architectural Design | Advanced Building Technologies | LEED Consulting | Concept Development
OWNER CONTACT:
Ms. Misty Jones
Library Director
619.236.5870
[email protected]
SF & COST:
6,745 SF | $8.8M
YEAR COMPLETE:
2017
PROJECT RELEVANCE:
• Public Entity Project
• Aquatic/Athletic/Kinesiology
Complex
• Pools
• Gathering Spaces
City Council 19 – 45 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | 20
F REFERENCES
BYROM-DAVEY
Mr. Steve Davey, President
T. 858.513.7199 | E. [email protected]
• Oxnard UHSD, (6) HS Stadium Replacement Projects,
Oxnard, CA
• Long Beach USD, Wilson HS & Cabrillo HS Track & Field Projects, Long Beach, CA
• Los Angeles USD, Roosevelt & Garfield, Los Angeles, CA (Design-Build Competition)
FULLERTON JUHSD
Mr. Todd Butcher (retired)
Former Director of Facilities at Fullerton JUHSD
Former Construction Director at Santa Ana USD
T. 951.453.0163 | E. [email protected]
• Santa Ana USD, Garfield ES Community Center
• Fullerton JUHSD, Sonora HS Gym, Fullerton, CA
• Fullerton JUHSD, Historic Auditorium Seismic & ADA
Upgrades, Fullerton, CA
DUARTE USD
Brad Patterson (retired)
Former Chief Facilities Officer
T. 626.203.3039 | [email protected]
• Duarte HS Sports Complex, Duarte, CA
• Duarte HS Culinary Arts, Duarte, CA
OXNARD UHSD
Mr. Poul Hanson
District Bond Projects Manager
T. 805.385.2683 | E. [email protected]
• Oxnard UHSD, (6) HS Stadium Replacement Projects,
Oxnard, CA
CLIENT
REFERENCES
City Council 19 – 46 12/6/2022
2 SCOPE OF
SERVICES &
SCHEDULE
City Council 19 – 47 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | 22
2 SCOPE OF SERVICES AND SCHEDULE
TASK 1: PRE-DESIGN
Preliminary design shall include Kick-off meeting with City Staff (representatives from Public Works Agency and Santa Ana Library) to discuss scope of work, project goals and objectives, potential elements and issues, schedule, review of existing information and site investigation.
• Deliverables shall include a Work Task Plan, Schedule, Geotechnical Report and Site Survey. Work Plan should
include key milestones and highlight tasks associated with historical registry requirements.
TASK 2: CONCEPT DESIGN
Concept design shall include up to three (3) meetings with City Staff to brainstorm and review potential layouts. Additionally, outreach shall be conducted in up to three (3) public meetings to provide the community an opportunity to review the concept designs and provide input. Please provide creative methods used to engage the community on needs and priorities while keeping the project on schedule. i.e. workshops, online polls. • Deliverables shall include up to three (3) schematic concept designs, with a minimum of six (6) perspective drawings/ renderings for each the following: exterior from Civic Center Dr., main level book stacks, kid’s area, teen space, Santa Ana History Room and east entrance from exterior for
fundraising and use in presentations to potential library donors, would also be required.
• Final Concept shall be approved by City Staff
TASK 3: DESIGN DEVELOPMENT (50% PLANS)
Design development will involve the schematic development of plans based on the approved conceptual design plan, which shall include but is not limited to survey, civil design, geotechnical investigation and report (for soils analysis), infiltration testing,, architectural design, landscape architectural design, structural design, interior design, furniture selection, electrical engineering, mechanical and plumbing engineering, draft technical
specifications and “opinion of estimated cost’.
• Deliverables shall include a 50% set of plans, including site section studies, draft specification, “Opinion of Probable Cost”.
TASK 4: CONSTRUCTION DOCUMENTS (90% AND 100%
PLANS)
Construction Documents (CDs) shall include finalizing approved deliverables from the Design Development phase. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bidding and construction by a general contractor.
• Deliverables shall include 90% and 100% plans, structural calculations, CASP report, final technical specifications, finalized “Opinion of Probable Cost”. 100% plans will
go through a constructability review that could lead to comments and recommendations that should also be
addressed and completed as part of this deliverable.
Plans: Plans shall include, but are not limited to the following:
• Title Sheet
• Civil Engineering
» Site Erosion Plan
» Parking lot along Ross Street with Access Control
(parking meters, gate, bollards, etc.)
» Horizontal and Vertical Control Plan
» Grading And On-Site Drainage Plan
» Site Utility Plan
• Landscape Architectural
» Site Layout/Construction Plans And Details (including plumbing)
» Site Sections, as applicable
» Planting Plans/Details/Notes
» Irrigation Plans/Details/Calculations/Notes
• Architectural
» Demolition Plans (Basement, 1st, & 2nd Floors)
» Construction Plans (Basement, 1st, & 2nd Floors)
» Reflected Ceiling Plans (Basement, 1st, & 2nd Floors) » Furniture Plans (Basement, 1st, & 2nd Floors)
» Exterior Elevations
» Interior Elevations
» Mechanical and Plumbing Plans/T-24
» Electrical Plans, as applicable
» Architectural Details
» Structural Calculations City Council 19 – 48 12/6/2022 CITY OF SANTA ANA: NEW COMMUNITY CENTER | 23
2 SCOPE OF SERVICES AND SCHEDULE
» Door/Window/Finish Schedules, as applicable
» ADA Path of Travel design and/or signage Plan
• Structural Engineering
» Structural Design and Detailing
• Mechanical Engineering & Plumbing
• Electrical Engineering
» Electrical Site Plan to include walkway/parking lot
lighting, irrigation.
» Photometrics.
» Location of panels, switchgear, meters
» Schedules
» Details
» Notes, specifications
»
Plan Check & Permits: Construction drawings shall be in accordance with the 2019 California Building Code and will require review/approval by the City Planning and Building Agency. Additionally, this would be subject to review by the Historic Resources Commission.
TASK 5: BID ADVERTISEMENT, CONSTRUCTION
ADMINISTRATION, RECORD DRAWINGS:
• Bid Advertisement: Consultant shall provide support to the City during the Bidding phase by assisting with questions, requests for information/clarification, or conflicts arising out of the bidding process. Consultant shall also attend pre-bid meeting, if scheduled.
• Construction Administration: Consultant shall provide support to the City during the Construction Administration phase by assisting with questions, requests for information/ clarification, and/or reviewing submittals.
• Record Drawings / As-built Plans: Upon construction
completion, consultant shall incorporate as-built information, as provided by the General Contractor, into the drawing files to provide record drawings for City archives.
SCHEDULE
The start of all tasks is contingent upon our authorization to proceed.
TASK 1: PRE-DESIGN
TASK 2: CONCEPT DESIGN
TASK 3: DESIGN DEVELOPMENT
TASK 4: CONSTRUCTION DOCUMENTS
TASK 5: AGENCY APPROVALS
TASK 6: BID & AWARD
TASK 7: CONSTRUCTION ADMINISTRATION
2 WEEKS
4 WEEKS
6 WEEKS
10 WEEKS
4 WEEKS
8 WEEKS
12 MONTHS
City Council 19 – 49 12/6/2022
4 CERTIFICATIONS
City Council 19 – 50 12/6/2022
City Council 19 – 51 12/6/2022
Little Diversified Architectural
Jay Tittle, AIA , ALEP
Studio Principal
10.21.2022
City Council 19 – 52 12/6/2022
City Council 19 – 53 12/6/2022
Studio Principal
Jay Tittle, AIA , ALEP
Little Diversified Architectural
10.21.2022
City Council 19 – 54 12/6/2022
ATTACHMENTS
City Council 19 – 55 12/6/2022
RESUMES
City Council 19 – 56 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | vii
RESUMES i
JAY TITTLE
AIA, ALEP
PRINCIPAL-IN-CHARGE/
DESIGN PRINCIPAL
L I T T L E
EDUCATION:
• B.S., Architecture, California State
Polytechnic University, San Luis Obispo, CA
PROFESSIONAL
REGISTRATIONS &
AFFILIATIONS:
• Registered Architect, State of CA
(#C12955)
• Accredited Learning Environments Planner
(ALEP)
• American Institute of Architects (AIA)
• Coalition for Adequate School Housing
(CASH)
• Association for Learning Environment
(A4LE)
YEARS OF EXPERIENCE:
• 38 Years of Experience
• 31 Years with Little
OFFICE:
• Newport Beach, CA
TIME DEDICATED TO
PROJECT:
• 5%
Jay has over 30 years of experience in the planning, design, and renovation of California K-12 campus’ and community projects, stressing a commitment to design, project management, facility planning, quality control, and contract administration. He began his career in educational design with the twin campus of Bernardo Heights Middle School/ Rancho Bernardo High School for Poway USD, the largest State-funded project in California at the time.
This experience inspired a passion for collaborating with communities and their leaders, educators, students, and stakeholders. This passion was fueled by his ability to create impactful learning environments and community spaces which often represent breakthrough ideas for school districts and communities that improve the lives of end-users and students.
He is a hands-on leader and is actively engaged during all phases of every project to ensure consistency in leadership and to provide effective communication and coordination. As an adept and strategic problem solver, Jay has demonstrated an ability to work with divergent community groups and to bring forth solutions that all parties adopt as their own. So what does this mean for your project? It means that Jay will bring forth these skills throughout to achieve your goals relative to program, schedule and budget. Jay’s depth of experience on all types of buildings and projects is one of the benefits his clients’ enjoy. The thoughtfulness and creativity of his designs is a powerful combination that benefits each client he works with.
RELEVANT PROJECT EXPERIENCE:
• Santa Ana USD, Garfield Community Center - Santa Ana, CA • Santa Ana USD, Segerstrom/YMCA Aquatics Center - Santa Ana, CA • Santa Ana USD, Century HS Classroom Addition - Santa Ana, CA • Santa Ana USD, Garfield ES Addition - Santa Ana, CA
• Santa Ana USD, Spurgeon Intermediate School Classroom Addition - Santa Ana, CA
• Antelope Valley College, Performing Arts Center - Lancaster, CA • Victor Valley College, Music Bldg. Renovation - Victorville, CA • Fullerton JUHSD, Sonora HS Gym - Fullerton, CA
• Fullerton JUHSD, Aquatics Complex - Fullerton, CA
• Duarte USD, Duarte HS Sports Complex - Duarte, CA
• Long Beach USD, Wilson HS & Cabrillo HS Track & Field Projects - Long Beach, CA
• Oxnard UHSD, (6) HS Stadium Replacement Projects - Oxnard, CA • Montebello USD, Schurr HS Aquatic Center - Montebello, CA • Pomona USD, Washington ES Modernization & Additions incl. Library - Pomona, CA
• Pomona USD, Roosevelt ES Modernization & Additions - Pomona, CA • La Habra SD, Washington MS Gym - La Habra, CA
• Ojai USD, Matilija MS Gym & Parking Lot - Ojai, CA
• Tustin USD, Tustin HS Quad - Tustin, CA
• Tustin USD, Tustin HS 2-Story Classroom Addition - Tustin, CA • William S. Hart UHSD, Canyon HS Performing Arts Center - Santa Clarita, CA • Antelope Valley UHSD, Eastside HS - Lancaster, CA
City Council 19 – 57 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | viii
RESUMES i
JIM CORDOVA
SFLA
TEAM LEADER
L I T T L E
EDUCATION:
• CASH, School Facilities Leadership
Academy (SFLA) Graduate
PROFESSIONAL
REGISTRATIONS &
AFFILIATIONS:
• Coalition for Adequate School Housing
(CASH)
YEARS OF EXPERIENCE:
• 38 Years of Experience
• 30 Years with Little
OFFICE:
• Newport Beach, CA
TIME DEDICATED TO
PROJECT:
• 10%
Jim is a thoughtful and client-focused project director and team leader with more than 38 years of experience focusing on California K-12 campus environments.
He is a recent graduate of the CASH Leadership Academy. Jim oversees projects from beginning to end to ensure client satisfaction every step of the way by providing oversight to the design and construction team. His dedication to selfless client service coupled with his deep expertise and relationships with DSA gives him the perspective to creatively solve any issue that may arise along the way in a timely manner to keep you, the contractor, and the team happy and engaged.
Jim’s career includes working on a variety of complex projects in multiple delivery methods, as well as local and State Funded projects.
RELEVANT PROJECT EXPERIENCE:
• Glendale Community College, Verdugo Gym - Glendale, CA • MiraCosta Community College, San Elijo Campus Student Services & Administration Building - Cardiff, CA
• MiraCosta Community College, Oceanside Campus B1000 Administration Building Renovation - Oceanside, CA
• Ventura County CC District, Moorpark College Signage & Wayfinding - Moorpark, CA
• Pasadena City College, Building C Site Barrier Removal - Pasadena, CA • Pasadena City College, Galloway Plaza Cafe - Pasadena, CA • South Orange Co. CC District, Saddleback College, TAS Swing Space II - Mission Viejo, CA
• South Orange Co. CC District, Saddleback College, PE Renovation - Mission Viejo, CA
• South Orange Co. CC District, Saddleback College, Parking Lots 10, 11, 12, 13 Resurfacing - Mission Viejo, CA
• South Orange Co. CC District, District-Wide ADA Upgrades/District Warehouse Canopy - Mission Viejo, CA & Irvine, CA
• South Orange Co. CC District, Irvine Valley College, ADA Upgrades, Phase I - Irvine, CA
• San Bernardino Valley College, Media & Communications - San Bernardino, CA • San Bernardino Valley College, North Hall - San Bernardino, CA • San Bernardino Valley College, Chemistry/Physical Sciences Building - San Bernardino, CA
• CA State University Fresno, McLane Hall - Fresno, CA
• Santa Ana USD, Garfield Community Center - Santa Ana, CA • Santa Ana USD, Segerstrom/YMCA Aquatics Center - Santa Ana, CA • Santa Ana USD, Century HS Classroom Addition - Santa Ana, CA • Santa Ana USD, Garfield ES Addition - Santa Ana, CA
• Santa Ana USD, Spurgeon Intermediate School Classroom Addition - Santa Ana, CA
• Pomona USD, Washington ES Modernization & Additions incl. Library - Pomona, CA
• Pomona USD, Roosevelt ES Modernization & Additions - Pomona, CA • Montebello USD, Schurr HS Aquatic Center - Montebello, CA • Fullerton JUHSD, Sonora HS Gym - Fullerton, CA
• Long Beach USD, Shade Structures - Long Beach, CA
• La Habra SD, District-Wide Shade Structures - La Habra, CA • Compton USD, Bunche MS & Dominguez HS Marquee Projects - Compton, CA City Council 19 – 58 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | ix
RESUMES i
FARNAZ MAHJOOB
WELL AP
SENIOR PROJECT MANAGER
L I T T L E
EDUCATION:
• Bachelor of Architecture, CA Polytechnic
University, Pomona
PROFESSIONAL
REGISTRATIONS &
AFFILIATIONS:
• WELL Accredited Professional
YEARS OF EXPERIENCE:
• 11 Years of Experience
• 10.5 Years with Little
OFFICE:
• Newport Beach, CA
TIME DEDICATED TO
PROJECT:
• 45%
Farnaz has been involved with a variety of project types from programming to construction, extensively in the public education and community markets with an emphasis on K-12 schools.
As Senior Project Manager, she will work directly with the entire team including the consultants during the course of the project to ensure the delivery of a wellcoordinated project. She is also involved with the project budget schedule and client relationship. She understands the unique processes of Division of State Architect and has exceptional organizational skills.
RELEVANT PROJECT EXPERIENCE:
• Santa Ana USD, Garfield Community Center - Santa Ana, CA • Pasadena City College, Building C Site Barrier Removal - Pasadena, CA • Pasadena City College, Galloway Plaza Cafe - Pasadena, CA • Santa Monica College, Arts Complex - Santa Monica, CA • City of San Diego, Skyline Hills Branch Library - San Diego, CA • Glendale Community College. San Gabriel Building First Floor Renovation - Glendale, CA
• Glendale Community College, Verdugo Gym - Glendale, CA • South Orange Co. CC District, District-Wide ADA Upgrades/District Warehouse Canopy - Mission Viejo, CA & Irvine, CA
• South Orange Co. CC District, Saddleback College Quad - Mission Viejo, CA • Duarte USD, Duarte HS Sports Complex - Duarte, CA
• Fullerton JUHSD, Sonora HS Gym - Fullerton, CA
• Oxnard UHSD, (6) HS Stadium Replacement Projects - Oxnard, CA • Pomona USD, Washington ES Modernization & Additions incl. Library - Pomona, CA
• Pomona USD, Roosevelt ES Modernization & Additions - Pomona, CA • Santa Cruz County Office of Education, Green Valley Community School - Santa Cruz County, CA
• Monterey County Office of Education, Salinas Community School - Salinas, CA • Long Beach USD, Shade Structures - Long Beach, CA
• La Habra SD, District-Wide Shade Structures - La Habra, CA • Ojai USD, Matilija MS Gym & Parking Lot - Ojai, CA
• Ojai USD, Matilija MS Library Renovation - Ojai, CA
• Santa Monica-Malibu USD, Muir ES Modernization - Santa Monica, CA • Tustin USD, Tustin HS 2-Story Classroom Addition - Tustin, CA • Charter Oak USD, Asset Management Study - Covina, CA
• Inglewood USD, Facilities Master Plan - Inglewood, CA • Los Angeles USD, Westminster ES - Los Angeles, CA
• Simi Valley USD, Royal HS Master Plan - Simi Valley, CA Santa Ana USD, Garfield Community Center -
Santa Ana, CA
City Council 19 – 59 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | x
RESUMES i
ARACELI KRUL
SENIOR PROJECT DESIGNER
L I T T L E
EDUCATION:
• Bachelor of Architecture, Polytechnic
University of Pomona, CA
• National Technical University of Athens,
International Program, Athens, Greece
YEARS OF EXPERIENCE:
• 21 Years of Experience
• 11 Years with Little
OFFICE:
• Newport Beach, CA
TIME DEDICATED TO
PROJECT:
• 30%
Araceli has designed projects that are sensitive to the end-user and involve the community in the design process. She is experienced in master planning, phasing, community design charettes, schematic design, interior design, design development and construction documentation of a wide variety of building types including community centers, aquatic complexes, educational facilities, commercial buildings, and more.
She has also designed projects with a focus on Green Building Design and CHPS.
Araceli has worked on Design-Build Projects with a focus on design and coordination with consultants and has worked closely with our clients to ensure the development of the appropriate architectural expression with regard to aesthetics, function, flexibility, cost, and client satisfaction.
RELEVANT PROJECT EXPERIENCE:
• Santa Ana USD/City of Santa Ana, Garfield Community Center - Santa Ana, CA • Santa Ana USD, Garfield ES CR Building - Santa Ana, CA • Pasadena City College, Galloway Plaza Cafe - Pasadena, CA • College of the Sequoias Tulare Center for Technology & Agriculture, COS Nursing, and COS Administration Remodel - Visalia, CA
• Antelope Valley College, Performing Arts Theater, Lancaster, CA • Long Beach Community College, Science/ Technology Center Competition • Duarte USD, Duarte HS Sports Complex - Duarte, CA
• Montebello USD, Schurr HS Aquatic Center - Montebello, CA • La Habra SD, Las Positas/Imperial K-8 Conversion - La Habra, CA • La Habra SD, District-Wide Shade Structures - La Habra, CA • Ojai USD, Matilija MS Quad - Ojai, CA
• Monterey County Office of Education, Bard Blades School - Salinas, CA Santa Ana USD, Garfield Community Center -
Santa Ana, CA
Santa Ana USD, Garfield Elementary SchoolSanta Ana, CA City Council 19 – 60 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | xi
RESUMES i
MARGARITA
MARTINEZ
PROJECT FACILITATOR
L I T T L E
EDUCATION:
• B.A., Business Administration, University of
Devry
YEARS OF EXPERIENCE:
• 16 Years of Experience
• 16 Years with Little
OFFICE:
• Newport Beach, CA
TIME DEDICATED TO
PROJECT:
• 20%
Margarita has over 16 years of experience as a closeout specialist with Little.
She organizes and processes forms necessary to close school district projects with certification through the Division of the State Architect (DSA). In addition to maintaining relations with DSA, she researches and compiles information and documentation on contractors, inspectors, engineers and consultants that are needed for DSA certification and close of file. She maintains correspondence internally with staff to ensure documents are compiled and accurate for DSA submittal. She is thoroughly detail oriented and tenacious...and always with a smile.
RELEVANT PROJECT EXPERIENCE:
• MiraCosta Community College, Oceanside Campus B1000 Administration Building Renovation - Oceanside, CA
• South Orange Co. CC District, Saddleback College Quad - Mission Viejo, CA • Duarte USD, Duarte HS Sports Complex - Duarte, CA
• La Habra SD, District-Wide Shade Structures - La Habra, CA • Pomona USD, Washington ES Modernization & Additions incl. Library - Pomona, CA
• Pomona USD, Roosevelt ES Modernization & Additions - Pomona, CA • Antelope Valley UHSD, Eastside HS - Lancaster, CA
• Palmdale SD, (10) School Modernizations - Palmdale, CA • Tustin USD, Foothills HS & Tustin HS Master Plan & Transformation Projects - Tustin, CA
• Tustin USD, Tustin HS 2-Story Classroom Addition - Tustin, CA • Oxnard UHSD, (6) HS Stadium Replacement Projects - Oxnard, CA • Compton USD, Centennial HS; Dominguez HS; & Bunche MS Marquee Projects - Compton, CA
• Corona Norco USD, Scoeboard & Marquee Projects - Corona, CA • Monterey County Office of Education, Salinas Community School - Salinas, CA • Monterey County Office of Education, Bard Blades School - Salinas, CA • Long Beach USD, Shade Structures - Long Beach, CA
• Montebello USD, Bell Gardens Fire Alarm Project - Montebello, CA • Ojai USD, Matilija MS Gym & Parking Lot - Ojai, CA
• Ojai USD, Matilija MS Library Renovation - Ojai, CA
• Ojai USD, Meiners Oak ES Field Renovation - Ojai, CA
• Ojai USD, Topa Topa Field Renovation - Ojai, CA
• Ojai USD, Mira Monte Field Renovation - Ojai, CA
• Palmdale SD, David G. Millen Intermediate School - Palmdale, CA • Palmdale SD, Palmtree ES - Palmdale, CA
• Santa Monica-Malibu USD, Muir ES Modernization - Santa Monica, CA • Temple City USD, Cloverly ES Modernization Phases 1 & 2 - Temple City, CA • Temple City USD, La Rosa ES Modernization Phases 1 & 2 - Temple City, CA • William S. Hart UHSD, Canyon HS Auditorium - Santa Clarita, CA City Council • Keppel USD, Daisy Gibson Relocatable - Palmdale, CA 19 – 61 12/6/2022 CITY OF SANTA ANA: NEW COMMUNITY CENTER | xii
RESUMES i
OTIS BLACKMON
RA
QA/QC REVIEWER
L I T T L E
EDUCATION:
• Bachelor of Arts, University of California,
Berkeley
PROFESSIONAL
REGISTRATIONS &
AFFILIATIONS:
Registered Architect, State of CA [#C-24040]
YEARS OF EXPERIENCE:
• 46 Years of Experience
• 19 Years with Little
OFFICE:
• Newport Beach, CA
TIME DEDICATED TO
PROJECT:
• 10%
Otis is a key advisor to the entire Team regarding QA/QC, technical and documentation solutions, as well as Construction Phase team dynamics.
He has extensive design and construction experience with community projects, higher education, and K-12 schools and clearly understands the unique processes of the DSA. He will bring his 46 years of experience and in-depth skills to benefit the City of Santa Ana.
RELEVANT PROJECT EXPERIENCE:
• Compton College, Campus Police - Compton, CA
• Orange Coast College, Kinesiology, Athletcis, & Aquatics Center - Costa Mesa, CA • Santa Monica College, Arts Complex - Santa Monica, CA • MiraCosta Community College, San Elijo Campus Student Services & Administration Building - Cardiff, CA
• MiraCosta Community College, Oceanside Campus B1000 Administration Building Renovation - Oceanside, CA
• South Orange Co. CC District, District-Wide ADA Upgrades/District Warehouse Canopy - Mission Viejo, CA & Irvine, CA
• Duarte USD, Duarte HS Sports Complex - Duarte, CA
• Duarte USD, Duarte HS New Tennis Complex - Duarte, CA • Duarte USD, Duarte HS Culinary Arts - Duarte, CA
• Antelope Valley UHSD, Eastside HS - Lancaster, CA
• Fullerton JUHSD, Sonora HS Gym - Fullerton, CA
• Fullerton JUHSD, Fullerton HS Gym - Fullerton, CA
• Fullerton JUHSD, Historic Auditorium Seismic & ADA Upgrades - Fullerton, CA • Palmdale SD, David G. Millen Intermediate School - Palmdale, CA • Palmdale SD, Cimarron ES - Palmdale, CA
• Simi Valley USD, Simi Vista ES Administration Building - Simi Valley, CA • Tustin USD, Tustin HS 2-Story Classroom Addition - Tustin, CA • Tustin UD, Foothill HS & Tustin HS Campus Transformation Projects - Tustin, CA • Tustin USD, (4) MS Activity Centers - Tustin, CA
• William S. Hart UHSD, Canyon HS Auditorium - Santa Clarita, CA • William S. Hart UHSD, Canyon HS Bldg. Q Music - Santa Clarita, CA City Council 19 – 62 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | xiii
RESUMES i
GUS GALINDO
CONSTRUCTION
ADMINISTRATOR
L I T T L E
EDUCATION:
• Bachelor of Architecture, CA State
Polytechnic University, Pomona, CA
YEARS OF EXPERIENCE:
• 21 Years of Experience
• 11.5 Years with Little
OFFICE:
• Newport Beach, CA
TIME DEDICATED TO
PROJECT:
• 30%
Gus is an architectural Construction Administrator with more than 21 years of experience assisting our teams in developing, planning, directing, coordinating, and preparing Construction Documents for submission to state and local government agencies. As a result, he has developed excellent working relationships with agencies such as the Division of State Architect (DSA) and local fire departments, which allows for expedited project submittals.
Our clients often share with us how they appreciate the quiet and collaborative way that Gus solves problems and keeps construction projects on schedule and within budget. We are confident that the City of Santa Ana will as well.
RELEVANT PROJECT EXPERIENCE:
• Santa Ana USD, Century HS Quad - Santa Ana, CA
• Rancho Simi Recreation & Park District, Guarding Building - Simi Valley, CA • Glendale Community College, Verdugo Gym - Glendale, CA • Glendale Community College, Welding Shop - Glendale, CA • Charter Oak USD, Charter Oak HS Aquatic Center - Covina, CA • Montebello USD, Schurr HS Aquatic Center - Montebello, CA • Duarte USD, Duarte HS Sports Complex - Duarte, CA
• Oxnard UHSD, (6) HS Stadium Replacement Projects - Oxnard, CA • Long Beach USD, Shade Structures - Long Beach, CA
• Long Beach USD, Wilson HS & Cabrillo HS Track & Field Projects - Long Beach, CA
• Pomona USD, Washington ES Modernization & Additions incl. Library - Pomona, CA
• Pomona USD, Roosevelt ES Modernization & Additions - Pomona, CA • Pomona USD, District Facility Master Plan - Pomona, CA • Fullerton JUHSD, Sonora HS Gym - Fullerton, CA
• Los Angeles USD, Westminster ES - Los Angeles, CA
• Simi Valley USD, New Classroom Building - Simi Valley, CA • Simi Valley USD, Vista ES Entry Quad - Simi Valley, CA • Sim Valley USD, Vista ES New Administration Bldg. - Simi Valley, CA • Simi Valley USD, Royal HS New Classroom Building - Simi Valley, CA • Temple City USD, Cloverly ES Modernization Phases 1 & 2 - Temple City, CA • Temple City USD, La Rosa ES Modernization Phases 1 & 2 - Temple City, CA • Huntington Beach City SD, Seacliff ES - Huntington Beach, CA • La Habra SD, District-Wide Shade Structures - La Habra, CA • Keppel USD, Daisy Gibson Relocatable - Palmdale, CA
• Monrovia USD, Roofing Repairs - Monrovia, CA
• Ojai USD, Matilija MS Gym & Parking Lot - Ojai, CA
• Ojai USD, Matilija MS Library Renovation - Ojai, CA
City Council 19 – 63 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | xiv
SUBSONSULTANT RESUMES i
BARSIN BET
GOVARGEZ
P.E.
CIVIL ENGINEER
K I M L E Y - H O R N
EDUCATION:
• Master of Science, Structural Engineering,
California State University, Northridge
• Bachelor of Science, Civil Engineering, Azad
University of Ormiyeh, Iran
PROFESSIONAL
REGISTRATIONS &
AFFILIATIONS:
• Registered Professional Engineer, State of
CA [#81751]
YEARS OF EXPERIENCE:
• 24+ Years of Experience
• 1 Year with Kimley-Horn
OFFICE:
• Orange, CA
Barsin has more than 24 years of experience in civil engineering in education, commercial, housing, and city capital improvement projects. He has proven expertise in the areas of survey, planning, design, construction documents and detailing, cost estimation and analysis, and project management of civil engineering projects. He monitors project design, progress, and quality to ensure they are meeting the highest of standards while also staying within contract budgets and meeting project schedules.
RELEVANT PROJECT EXPERIENCE:
• City of Santa Ana, 17th Street Triangle Park Restoration Project - Santa Ana, CA • Santa Ana College, P.A.M. Site Improvements - Santa Ana, CA* • Saddleback College, The Quad - Mission Viejo, CA*
• Los Angeles Southwest College, Campus-Wide Domestic & Fire Water Upgrade - Los Angeles, CA
• Orange Coast College, Kinesiology & Athletics Complex - Costa Mesa, CA* • Irvine Valley College, Quad Improvements & ADA Upgrades - Irvine, CA* • South Orange County Community College District, Saddleback College, Fine Arts Plaza Improvements & ADA Upgrades - Mission Viejo, CA* • South Orange County Community College District, Saddleback College, Parking Resurfacing Project - Mission Viejo, CA*
• MiraCosta Community College San Elijo Campus Student Services - Cardiff, CA* • MiraCosta Community College Oceanside Campus - B1000 Administration Renovation & Swing Space - Oceanside, CA*
• Glendale Community College, PE Gymnasium Expansion & Sierra Nevada Remodel Swing Space - Glendale, CA*
• Duarte USD, Duarte HS Sports Complex - Duarte, CA*
• Duarte USD, Duarte HS Culinary Arts - Duarte, CA*
• Simi Valley USD, Royal HS New Classroom Building - Simi Valley, CA* • Long Beach USD, Wilson HS Track & Field - Long Beach, CA* • Los Angeles USD, Westminster ES - Los Angeles, CA*
• Montebello USD, Transportation Yard - Montebello, CA* • Pomona USD, Washington ES Modernization - Pomona, CA
KIMLEY-HORN SANTA ANA-AREA EXPERIENCE:
Kimley-Horn has completed over 350 parks projects over the last seven years across the country. We are highly experienced at master planning, consensus building, placemaking, and designing parks that have been successfully implemented for communities to enjoy. In addition to our team’s extensive parks and recreation experience, we also offer significant civil engineering and landscape architecture experience on projects completed and ongoing for the City of Santa Ana, including the 17th Street Triangle Park Project. Kimley-Horn is currently serving as Landscape Architect and Civil Engineer for this renovation project; the scope includes the re-design of the overlook deck utilizing structural steel, new planting and irrigation throughout the park area, establishing power and new night lighting, and some interpretive signage.
*Performed prior to Kimley-Horn City Council 19 – 64 12/6/2022 CITY OF SANTA ANA: NEW COMMUNITY CENTER | xv
SUBSONSULTANT RESUMES i
MICHAEL LEDBETTER
PLA, ASLA
LANDSCAPE ARCHITECT
K I M L E Y - H O R N
EDUCATION:
• Bachelor of Science, Landscape
Architecture, University of Kentucky
PROFESSIONAL
REGISTRATIONS &
AFFILIATIONS:
• Professional Landscape Architect, State of
CA [#5553]
YEARS OF EXPERIENCE:
• 22+ Years of Experience
• 1 Year with Kimley-Horn
OFFICE:
• Orange, CA
Michael is a landscape architect with more than 22 years of diverse professional experience who recently joined Kimley-Horn as a Senior Project Manager and Practice Builder. He has extensive design and production management experience, leading projects from entitlements through construction. He has a strong design sense that he brings to all sectors of our land development portfolio including public parks, urban design, commercial, retail, higher education, and healthcare. He is passionate about sustainable design and is focused on being progressive when it comes to regenerative and resilient design trends currently sweeping the profession. He works closely with our civil team to develop site designs that not only function but deliver the objectives of the program with casual elegance, making spaces to be enjoyed by all who experience them.
RELEVANT PROJECT EXPERIENCE:
• City of Santa Ana, Cabrillo Park Irrigation - Santa Ana, CA • City of Santa Ana, 17th Street Triangle Park - Santa Ana, CA • Saddleback College, The Quad - Mission Viejo, CA
• South Orange County Community College District, Saddleback College, Fine Art Plaza Improvements and ADA Upgrades - Mission Viejo, CA* • Irvine Valley College, B-Quad - Irvine, CA*
• Duarte High School, Tennis and Gymnasium - Duarte, CA • Roosevelt and Garfield DB - Los Angeles, CA
• The Hub at Fullerton - Fullerton, CA
• Anaheim Convention Center Grand Plaza - Anaheim, CA*
• Townsquare Park - Ontario, CA*
• Lake Forest Sports Park - Lake Forest, CA*
• Los Robles Cancer Center - Thousand Oaks, CA
• Zion Market Courtyard - San Diego, CA
• Southbay Galleria - Redondo Beach, CA
KIMLEY-HORN SANTA ANA-AREA EXPERIENCE:
Kimley-Horn has completed over 350 parks projects over the last seven years across the country. We are highly experienced at master planning, consensus building, placemaking, and designing parks that have been successfully implemented for communities to enjoy. In addition to our team’s extensive parks and recreation experience, we also offer significant civil engineering and landscape architecture experience on projects completed and ongoing for the City of Santa Ana, including the 17th Street Triangle Park Project. Kimley-Horn is currently serving as Landscape Architect and Civil Engineer for this renovation project; the scope includes the re-design of the overlook deck utilizing structural steel, new planting and irrigation throughout the park area, establishing power and new night lighting, and some interpretive signage.
City Council *Performed prior to Kimley-Horn 19 – 65 12/6/2022 CITY OF SANTA ANA: NEW COMMUNITY CENTER | xvi
SUBSONSULTANT RESUMES i
SHANE FITZGERALD
S.E.
PRINCIPAL-IN-CHARGE/
STRUCTURAL ENGINEER
J A M A
EDUCATION:
• B.S., Civil Engineering, California
Polytechnic State University,San Luis Obispo
PROFESSIONAL
REGISTRATIONS &
AFFILIATIONS:
• Registered Professional Structural
Engineer, State of CA [# SE 4757]
• Registered Professional Civil Engineer,
State of CA [# CE 57961]
• Design Build Institute of America (DBIA),
Professional
• Structural Engineers Association of
Southern California, Member
• DSA Structural Safety and Structural Plan
Review Certified
• California Office of Emergency Services -
Post-Disaster Safety Assessment Evaluator
YEARS OF EXPERIENCE:
• 27 Years of Experience
• 20 Years with JAMA
OFFICE:
• Los Angeles, CA
As Principal-in-Charge, Shane serves as JAMA’s direct, day-to-day point of contact. Through the design of dozens of similar projects, he is keenly aware of the unique project requirements. A member of the John A. Martin & Associates, Inc. staff since 2002, Shane brings more than 27 years of experience in structural engineering design and project management. His participation and involvement will include the oversight of the licensed structural design team, allocation and commitment of the firm’s resources, and quality reviews to ensure that the structural system optimally meets both design and structural/seismic requirements.
RELEVANT PROJECT EXPERIENCE:
• Santa Ana High School, Tenent Improvements - Santa Ana, CA • Los Angeles County, Lennox Constituent Service Center Adaptive Reuse - Los Angeles, CA
• Thomas Jefferson Recreation Center - Wasco, CA
• Barstow College, Wellness Center - Barstow, CA
• Portersville College, Wellness Center - Bakersfield, CA • St. Genevieve, Parish Hall & Auditorium - Panorama City, CA • Lake Tahoe Community College, University Center - Lake Tahoe, CA • Los Angeles USD, Linda Esperanza Marquez High School - Huntington Park, CA • Bakersfield Area Park Project - Bakersfield, CA
• St. Elizabeth Ann Seton, Multi-Purpose Building - Bakersfield, CA JAMA SANTA ANA-AREA EXPERIENCE:
• Ronald Reagan U.S. Federal Building and Courthouse - Santa Ana, CA • Orange County Public Law Library Expansion - Santa Ana, CA • Santiago Springs Condominiums - Santa Ana, CA
• Santa Ana Unified School District
» Heroes Elementary School, Santa Ana, CA
» Century High School, Santa Ana, CA
» Spurgeon Intermediate School
» Sepulveda Elementary School
» Santa Ana College, Santa Ana, CA
» Building G Miscellaneous Improvements
» Library Building Seismic Upgrade
» Weight Pavilion
City Council 19 – 66 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | xvii
SUBSONSULTANT RESUMES i
BEN ROGOWSKI
S.E.
SENIOR PROJECT MANAGER
J A M A
EDUCATION:
• M.S., Civil Engineering -
• Structural Engineering, University of
Southern California
• B.S., Civil Engineering - emphasis in
Structural Engineering, University of
Southern California
• A.S., Mathematics, Bakersfield College
PROFESSIONAL
REGISTRATIONS &
AFFILIATIONS:
• Registered Professional Structural
Engineer, State of CA [#SE 6559]
• Registered Professional Civil Engineer,
State of CA [#PE 82147]
• DSA Structural Safety and Structural Plan
Review Certified
• Memberships: Structural Engineers
Association of Southern California;
American Society of Civil Engineers; USC
Construction Alumni Group, Member
YEARS OF EXPERIENCE:
• 11 Years of Experience
• 11 Years with JAMA
OFFICE:
• Los Angeles, CA
With a wide variety of project experience, Senior Project Manager Ben excels at design efficiencies. Since joining the firm in 2011, he has led design and analysis efforts on new construction, seismic retrofits, and modernization projects. His experience encompasses a diverse array of project types including educational facilities, office buildings, retail, residential buildings, parking structures, libraries, multi-purpose structures, hospitals, and theatres, as well as tenant improvements, renovations, and seismic evaluations. As Senior Project Manager, Ben will work with Shane Fitzgerald to manage all structural analysis, design, and specification aspects of the project.
RELEVANT PROJECT EXPERIENCE:
• Cali-Lotus Susan Street New Building Within Existing Warehouse - Santa Ana, CA • St. Elizabeth Ann Seton, Multi-Purpose Building - Bakersfield, CA • Cuesta College, North Campus Center - Paso Robles, CA • Glendale Central Library Renovation - Glendale, CA
• Riverside Convention Center, Expansion & Renovation - Riverside, CA • St. Genevieve,Parish Hall & Auditorium - Panorama City, CA • Hermosa Beach, Citywide Building Assessment (including Community Center) - Hermosa Beach, CA
• Long Beach USD, Dooley Elementary School - Long Beach, CA JAMA SANTA ANA-AREA EXPERIENCE:
• Ronald Reagan U.S. Federal Building and Courthouse - Santa Ana, CA • Orange County Public Law Library Expansion - Santa Ana, CA • Santiago Springs Condominiums - Santa Ana, CA
• Santa Ana Unified School District
» Heroes Elementary School, Santa Ana, CA
» Century High School, Santa Ana, CA
» Spurgeon Intermediate School
» Sepulveda Elementary School
» Santa Ana College, Santa Ana, CA
» Building G Miscellaneous Improvements
» Library Building Seismic Upgrade
» Weight Pavilion
City Council 19 – 67 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | xviii
SUBSONSULTANT RESUMES i
WESLEY MCKEAN
PRINCIPAL-IN-CHARGE
P 2 S , I N C .
EDUCATION:
• BS, Electrical Engineering, Michigan State
University
PROFESSIONAL
REGISTRATIONS &
AFFILIATIONS:
• IEEE
• IES
• ASIS International
YEARS OF EXPERIENCE:
• 28 Years of Experience
• 10 Years with P2S, Inc.
OFFICE:
• Long Beach, CA
Wes has over 28 years of electrical engineering experience. His experience in the consulting engineering field has included designing power, lighting, photovoltaic, co-generation, telecommunications, nurse call, security, access control and fire alarm systems.
Wes has served as the Lead Electrical Engineer and Project Manager on a variety of complex and challenging projects. Projects range from smaller “quick turn-around” to large multi-hundred acre site facilities with multiple buildings.
His experience and thoughtful approach to engineering benefits his clients with successful, proven solutions to a variety of technical and code compliance challenges.
RELEVANT PROJECT EXPERIENCE:
• City of Santa Clarita, New Canyon Community Center - Santa Clarita, CA • City of Baldwin Park, New Civic Center Plaza; Parking Lot; Walkway & Bench Lighting - Baldwin Park, CA
• City of Hawthorne, Bicentennial Park Renovation - Hawthorne, CA • City of Lynwood, Lynwood Linear Park Power & Lighting Design - Lynwood, CA • City of Encitas, Standard Pacific Park - Encitas, CA
• City of Long Beach, Sorrento Alamitos Bay Shoreline Trail Security Lighting - Long Beach, CA
• Los Angeles County Public Works, Deferred Maintenance - Los Angeles, CA • City of Indio, Indio Public Safety Campus including Fire Station & Call Center - Indio, CA
• City of Lakewood, Lakewood Police HQ - Los Angeles, CA • City of Tacoma, Tacoma Police HQ - Tacoma, CA
• Los Angeles County Internal Services Dept., Centro Maravilla HVAC Upgrades - Los Angeles, CA
• King County Libraries, Multiple Child Area Upgrades - Seattle, WA • San Bernardino County, Building 851 Cooley Renovation - Colton, CA • City of Thousand Oaks, Fred Kavli Theatre - Thousand Oaks, CA • City of Santa Monica, Fire Station 5 Dormitory Tenant Improvements - Santa Monica, CA
• Seattle Metro Parks, Northgate Skate Park & Urban Center - Seattle, CA City Council 19 – 68 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | xix
SUBSONSULTANT RESUMES i
SCOTT NEWMAN
P.E., LEED GA
LEAD MECHANICAL ENGINEER
P 2 S , I N C .
EDUCATION:
• BS, Mechanical Engineering, University of
Southern California
PROFESSIONAL
REGISTRATIONS &
AFFILIATIONS:
• Registered Professional Mechanical
Engineer, State of CA [#M39167]
• LEED Green Associate
• ASHRAE
YEARS OF EXPERIENCE:
• 8 Years of Experience
• 5 Years with P2S, Inc.
OFFICE:
• Long Beach, CA
Scott has over 8 years of experience in mechanical engineering and HVAC consulting. His experience includes new building and renovation projects at university, college, and K-12 campuses, commercial office buildings and retail spaces, and athletic facilities. Services have ranged from sizing and selection of replacement mechanical equipment to new building design and energy studies.
Scott has served as a Design Engineer on various HVAC airside and hydronic system design projects. His responsibilities entail schematic/conceptual design, construction documents/drawings, life-cycle cost analysis, energy modeling, construction administration, and engineering project management services.
Projects have ranged from small commercial and retail renovations to large High School campus modernizations and new building designs.
RELEVANT PROJECT EXPERIENCE:
• City of Santa Clarita, New Canyon Community Center - Santa Clarita, CA • Los Angeles County Public Works, Deferred Maintenance - Los Angeles, CA • City of Indio, Indio Public Safety Campus including Fire Station & Call Center - Indio, CA
• San Bernardino County, Building 851 Cooley Renovation - Colton, CA • City of La Mirada, Library Energy Upgrades - La Mirada, CA • City of Santa Monica, Fire Station 5 Dormitory Tenant Improvements - Santa Monica, CA
• University of California Los Angeles, Venice Barry Apartments Fitness Room - Los Angeles, CA
• Long Beach City College, Building T Office Renovation - Long Beach, CA • Mt. San Antonia College, Heritage Hall - Walnut, CA
• Mt. San Antonio College, New Physical Education Complex - Walnut, CA • Mt. San Antonio College, Bookstore & Pedestrian Bridge - Walnut, CA • Golden West College, Language Arts Complex - Huntington Beach, CA • LA City College, Theater Arts Replacement Building - Los Angeles, CA • Mission College, New Performing Arts Center - Santa Clara, CA • Saddleback College, Science & Math Building Reconstruction Project - Mission Viejo, CA
City Council 19 – 69 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | xx
SUBSONSULTANT RESUMES i
LARS HENDERSON
P.E.
LEAD ELECTRICAL ENGINEER
P 2 S , I N C .
EDUCATION:
• BSEE, Electrical Engineering, Pennsylvania
State University
PROFESSIONAL
REGISTRATIONS &
AFFILIATIONS:
• Registered Professional Electrical Engineer,
State of CA [#E22361]
YEARS OF EXPERIENCE:
• 9 Years of Experience
• 6 Years with P2S, Inc.
OFFICE:
• Long Beach, CA
Lars has over 9 years of experience creating electrical designs for the construction industry. Assignments have included educational institutions, commercial fit-outs, municipal sites, and mission critical facilities in the Los Angeles and New York City markets. Electrical service designs, landscape power renovations, and energy efficient lighting upgrades are areas Lars has accomplishments in. Beyond the compliances and routines of designing, it is the client’s end goal which Lars strives emphasis towards.
RELEVANT PROJECT EXPERIENCE:
• City of Beverly Hills, Beverly Gardens Park Lighting & Power - Beverly Hills, CA • City of Encinitas, Olypus Park (formerly Standard Pacific) Lighting & Power - Encinitas, CA
• Los Angeles County Public Works, Deferred Maintenance - Los Angeles, CA • City of Indio, Indio Public Safety Campus including Fire Station & Call Center - Indio, CA
• San Bernardino County, Building 851 Cooley Renovation - Colton, CA • Los Angeles County Internal Services Dept., Centro Maravilla HVAC Upgrades - Los Angeles, CA
• Los Angeles County Internal Services Dept., Pomona Dept. of Public Social Services Building HVAC System Replacement - Los Angeles, CA • Culver City, Courthouse Core & Tenant Improvements - Culver City, CA • City of Santa Monica, Fire Station 5 Dormitory Tenant Improvements - Santa Monica, CA
• Mt. San Antonia College, Foothill Transit Center - Walnut, CA • LA Southwest College, Student Union Criteria Documents - Los Angeles, CA • Saddleback College, New Gateway Building - Mission Viejo, CA • Saddleback College, Campus-Wide Outdoor Wireless Networking - Mission Viejo, CA
• CSU Long Beach, Student Health Services Renovation - Long Beach, CA • CSU Fullerton, Promenade Walk Audio System - Fullerton, CA City Council 19 – 70 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | xxi
SUBSONSULTANT RESUMES i
ERIC GOMEZ
CPD
LEAD PLUMBING ENGINEER
P 2 S , I N C .
EDUCATION:
• AS, Computer Aided Drafting, ITT Technical
Institute
PROFESSIONAL
REGISTRATIONS &
AFFILIATIONS:
• Certified in Plumbing Design
• Plumbing Design, University of California,
Los Angeles
• ASPE
• Green Plumbers®
YEARS OF EXPERIENCE:
• 18 Years of Experience
• 15 Years with P2S, Inc.
OFFICE:
• Long Beach, CA
Eric has over 18 years of plumbing design, fire protection and construction experience. His extensive knowledge spans design, drafting, specifications, plan check submittals, cost estimates, inspections and construction administration. Eric has significant expertise in educational, recreational and office facilities. He has designed a comprehensive range of plumbing and fire protection systems such as campus natural gas supply distribution as part of master planning for future expansions on various college and university campuses.
Eric has served as project manager and design engineer on various plumbing system design projects with duties encompassing determination of project scope, design criteria, coordination with the client and project team, provision of construction design documents, written construction design specifications, equipment selections, construction cost estimates, construction support and project management.
RELEVANT PROJECT EXPERIENCE:
• City of Santa Clarita, New LEED Silvery Canyon Community Center - Santa Clarita, CA
• Playa Vista Court Park, Retail & Restroom Addition - Playa Vista, CA • City of Indio, Indio Public Safety Campus including Fire Station & Call Center - Indio, CA
• County of Los Angeles, Live Oak Library Renovation - Arcadia, CA • San Bernardino County, Building 851 Cooley Renovation - Colton, CA • County of Los Angeles, Hall of Records 7th Floor HVAC Modifications - Los Angeles, CA
• County of Los Angeles, LA Consumer Affairs Office Tenant Improvements - Los Angeles, CA
• County of Los Angeles, LEED Silver Campus Kirkpatrick Juvenile Detention Center - Malibu, CA
• City of Costa Mesa, Library ADA Upgrades - Costa Mesa, CA • City of Pomona, Dept. of Public Social Services Building HVAC Replacement - Pomona, CA
• City of Long Beach, Fire Station #1 Restroom Addition - Long Beach, CA • Paramount Farms, Child Development Center - Avenal CA • Riverside City College, New Student Services & Administration Building - Riverside, CA
• CSU Long Beach, LEED Gold Student Rec & Wellness - Long Beach, CA City Council 19 – 71 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | xxii
SUBSONSULTANT RESUMES i
BENJAMIN WONG
LEAD TECHNOLOGY DESIGNER
P 2 S , I N C .
EDUCATION:
• BS, Marketing & Accounting, University of
Vermont
PROFESSIONAL
REGISTRATIONS &
AFFILIATIONS:
• Manufacturers Training Certifications with
Creston & Extron
YEARS OF EXPERIENCE:
• 14 Years of Experience
• 2 Years with P2S, Inc.
OFFICE:
• Long Beach, CA
Ben is a is highly organized and a detail-oriented professional with 14 years of audiovisual design experience. His experience covers a wide range of projects from residential to commercial, small, and large as the lead designer to ensure successful commissioning. He has been instrumental in developing low voltage systems for conference rooms, lecture halls, co-working spaces, sales centers, amenity spaces, restaurants, retail spaces and residential properties, developing proficiency in all phases of a project’s life cycle.
RELEVANT PROJECT EXPERIENCE:
• City of Indio, Indio Public Safety Campus including Fire Station & Call Center - Indio, CA
• Cerritos College, Falcon Center Student Services & Administration Building - Norwalk, CA
• Mt. San Antonio College, New Student Center - Walnut, CA • Mt. San Antonio College, Campus Store & Administration Building - Walnut, CA • Mt. San Antonio College, Lot W Improvement & Sand Volleyball Facility - Walnut, CA
• Port of Los Angeles, Council Chambers AV System Design - San Pedro, CA • Cathedral City, Amphitheater Enhancement - Cathedral City, CA • 200 Amsterdam, Amenities Spaces AV System Design - New York, NY • 4040 Club, Centralized A/V Distribution Systems - New York, NY • Long Beach City College, Building E College Center & Cafeteria - Long Beach, CA
• College of the Desert, Science Building Renovation -Palm Desert, CA • Cerritos College, Health Science Building - Walnut, CA • MiraCosta Community College, Health & Wellness Facility - Long Beach, CA • Orange Coast College, Chemistry Building - Costa Mesa, CA • Riverside City College, Digitial Library STEM Center Renovation - Riverside, CA • San Bernardino Valley College, Technology Building - San Bernardino, CA • Santa Monica College, Art Complex Replacement - Santa Monica, CA •
City Council 19 – 72 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | xxiii
SUBSONSULTANT RESUMES i
ALAN CAMPBELL
MRICS, NEBOSH
MANAGING DIRECTOR -
COST SERVICES
C U M M I N G
EDUCATION:
• Bachelor of Science, Quantity Surveying,
Abertay University, Dundee, Scotland, UK
PROFESSIONAL
REGISTRATIONS &
AFFILIATIONS:
• Certified Member, Royal Institution of
Chartered Surveyors [#0856490]
• NEBOSH General Certificate, National
Examination Board in Occupational Safety
and Health
YEARS OF EXPERIENCE:
• 28 Years of Experience
• 6 Years with Cumming
OFFICE:
• Aliso Viejo, CA
Alan has worked in the construction industry since 1994. He is an experienced professional who has focused his career on providing cost management consulting services. Alan also possesses experience in construction planning and has held roles in commercial and residential development and management.
His accomplishments in the construction industry in the U.S. and UK contribute a unique proficiency and perspective to each of his project assignments. Alan has collaborated on a broad range of project types throughout his career, including healthcare, transportation, education, public works, and industrial remediation.
As Managing Director, Alan utilizes his vast knowledge of all aspects of the cost estimating process. He performs services which support pre-construction, construction, and post-construction phases, including but not limited to, cost planning, milestone estimating, quantity take-offs, site walks, bid reconciliation, preparation of valuations, pricing validation, and change order claim review.
RELEVANT PROJECT EXPERIENCE:
• City of Santa Ana, New Civic Center ADA Access Pedestrian Ramps - Santa Ana, CA • City of Costa Mesa, City Hall Restrooms Access/ADA Upgrades - Costa Mesa, CA • City of Irvine, Turtle Rock Community Center ADA Upgrades - Irvine, CA • City of Lake Forest, New Civic Center - Lake Forest, CA • City of Long Beach, Bayshore Library/Blair Field/Silverado Park Facilities Condition Assessments - Long Beach, CA
• City of Ontario, Office TIs for Public Works-Annex Central Services; Dev.
Director’s Office - Ontario, CA
• City of Santa Maria, Historic Enos Ranch House Refurbishment & New Gardens; Barn; Sitework to Create New Park/Museum - Santa Maria, CA • County of Los Angeles, Metropolitan Central Arraignment Court Renovation of Holding Cells & Clerks Office - Los Angeles, CA
• OC Fair and Event Center, Campus Master Plan incl. New Admin. Bldg.; Barn Replacement; New Educ. Center; Main Entrance Reloc. - Costa Mesa, CA • Orange County Water District, Annex Building Locker Room/Restroom Area Remodel - Fountain Valley, CA
• Riverside County Public Health, Laboratory Facility Renovation & Expansion - Riverside, CA
• San Diego Assoc. of Governments, Toll Operations/Data Center Renovation Options - San Diego, CA
• Transportation Corridor Agencies, Office Space Remodel/Improvement Options - Irvine, CA
• City of Long Beach, Bayshore Library/Blair Field/Silverado Park Facilities Condition Assessments & Master Plan Review - Long Beach, CA • City of Fontana, New 20-Acre South Fontana Sports Park - Fontana, CA • City of Fontana, New Central City Park & Sports Facility - Fontana, CA • City of Irvine, Heritage Park Improvements Master Plan - Irvine, CA City Council 19 – 73 12/6/2022
CITY OF SANTA ANA: NEW COMMUNITY CENTER | xxiv
SUBSONSULTANT RESUMES - OPTIONAL SERVICES i
ADAM CHAMAA
MSCE, P.E., G.E.
ENGINEERING MANAGER
A E S C O
35+ Years Experience
RUSSELL SCHARLIN
P.E., G.E.
SR. GEOTECHNICAL ENG.
A E S C O
40+ Years Experience
DAVID RYAN
P.E.
SR. ENGINEER
A E S C O
40+ Years Experience
OMAR CHAMAA
E.I.T.
INSPECTOR & FIELD ENG.
A E S C O
14+ Years Experience
M.S., Civil Engineering, Geotechnical, & Highway
Design, Louisiana Technical University, Ruston, LA
B.S., Civil Engineering, Louisiana Technical University, Ruston, LA
Registered CA civil [#C53992] & geotechnical
[#C2784] engineer w/experience incl. QA/QC mgt.
Responsible for QC/QA eng. for new construction,
foundations, sewer installations, roadway surfaces
during/after installation, design of de-watering
systems, pump stations, assessment of soil-related
envi. contamination, & geotechnical design rec. for
new construction.
SAMPLE EXPERIENCE:
• City of Santa Ana, Santa Anita
Park, Synthetic Soccer Field & Park
Improvements - Santa Ana, CA
• City of Santa Ana, El Salvador Park
Improvements - Santa Ana, CA
• City of Anaheim, Lenain Water
Treatment Plant Modifications -
Anaheim, CA
• Alhambra USD, Mark Keppel HS -
Alhambra, CA
M.S., Civil Engineering (Geotechnical), University of
California at Davis
B.S., Civil Engineering, University of California at
Davis
Registered CA civil & geotechnical engineer.
Performs all aspects of construction mgmt.,
geotechnical engineering & environmental studies.
Has provided design & construction mgmt. services
related to pavements & foundations for numerous
structures, bridges, pump stations, freeways, tanks,
communication towers and other structures.
SAMPLE EXPERIENCE:
• City of Santa Ana, Center Street
Urban Garden - Santa Ana, CA
• City of Santa Ana, Septic to Sewer
Conversion - Santa Ana, CA
• City of Santa Ana, Flower Street
Bike Trail Gap Closure - Santa
Ana, CA
• City of Huntington Beach,
Springdale Reservoir - Huntington
Beach, CA
B.S., Civil Engineering, University of Illinois,
Champaign-Urbana, IL
Registered CA civil engineer [#C49661] with
experience as materials testing, special inspection
services manager. Responsible for laboratory and
field testing services on materials such as concrete,
soils, aggregates, reinforcing steel, structural steel, high strength bolting and welded structures.
SAMPLE EXPERIENCE:
• City of Huntington Beach &
Caltrans, Beach Blvd. Water Main
Extension - Huntington Beach, CA
• Los Angeles Co., Interoperative
Communications System - Los
Angeles County, CA
• Cities of Anaheim & Yorba
Linda, CA, Lakeview Ave. Grade
Separation
B.S., Civil Engineering, California State University,
Long Beach
Certified E.I.T. w/experience in the field & in lab
testing and inspection of construction materials such
as concrete, steel, anchors, soils & grading. Has
performed construction materials testing & inspections
for multiple Caltrans & OCTA projects incl. bridges,
roadways, utilities, foundations, pipeline installations, lift stations & retaining wall construction.
SAMPLE EXPERIENCE:
• City of Santa Ana, First St. Bridge
Replacement - Santa Ana, CA
• Orange Co., Widening of I-405
Freeway - Orange County, CA
• Counties of Riverside/Orange/Los
Angeles, Tehachapi Renewable
Transmission Project
City Council 19 – 74 12/6/2022
THANK
YOU
City Council 19 – 75 12/6/2022
EXHIBIT C
City Council 19 – 76 12/6/2022
FEE PROPOSAL
Little Diversified Architectural Consulting, Inc.
1300 Dove Street, Suite 100
Newport Beach, CA 92660
949.698.1400
www.littleonline.com
RESPONSE TO REQUEST FOR PROPOSALS
NEW COMMUNITY
CENTER AT SANTA
ANITA PARK
RFP NO.: 22-106A
CITY OF SANTA ANA, CALIFORNIA
FEE PROPOSAL
City Council 19 – 77 12/6/2022
FEE PROPOSAL | CITY OF SANTA ANA: NEW COMMUNITY CENTER | 1 FEE PROPOSAL | LITTLE
FEE
Based on our understanding of the Scope of Work and the $4M construction budget, as shown in the RFP, we are proposing a Phased Fixed Fee of $310,000 for Basic Services.
We will invoice this, monthly as work progresses, based on the following Phases of Work:
TASK %
A. Programming/Planning 10%
B. Design Development 15%
C. Construction Documents 35%
D. Agency Approvals 5%
E. Bid & Award 5%
F. Construction Administration 30%
OPTIONAL SERVICES FEES
In addition, we are offering to provide a Geotechnical Report for an additional fee of $18,237. (See attached at end of this submittal.) Note that this fee does not include any Geotechnical services required during construction.
We are are also offering to provide, as an optional service, Commissioning by P2S for $22,000.
REIMBURSABLE EXPENSES
We do not anticipate any Reimbursable Expenses. However, if any are requested and authorized, we will provide at our Direct Cost plus a mark-up of 10%.
HOURLY RATES
Hourly rates can be found on the following pages.
City Council 19 – 78 12/6/2022
FEE PROPOSAL | CITY OF SANTA ANA: NEW COMMUNITY CENTER | 2 FEE PROPOSAL | LITTLE
HOURLY
RATES
LITTLE HOURLY RATES
Role Hourly Rate Role Hourly Rate Role Hourly Rate
Principal $290 Senior Designer $215 Eng. Intern 3 $155
National Practice Leader $280 Designer $150 Eng. Intern 2 - Sr. Technician $145 Studio Principal $275 Jr. Designer $130 Eng. Intern 1 - Technician $135 Studio Leader $250 PM – Interiors $200 Sr. Specifier $200 Senior Project Manager $235 Sr. Interior Designer $185 Sustainability Project Specialist $160 Project Manager $215 Interior Designer $150 Specifier $155 Project Architect $200 Jr. Interior Designer $130 Sustainability Facilitator $130 3D CADD Specialist $185 Lead Engineer $245 Project Facilitator $125 Senior Technician $170 Sr. Engineer - Project
Manager $235 Support Staff $115
Technician $140 Project Eng. - Sr. Designer $200 Intern (college) $95 Design Principal $275 Engineer - Designer $190
JOHN A. MARTIN ASSOCIATES, INC. (JAMA) HOURLY RATES
ROLE HOURLY RATE ROLE HOURLY RATE
Principal/Partner $265.00 Project Engineer/Sr. Project Engineer $160.00 Project Director $235.00 BIM Supervisor $150.00
Associate Principal $200.00 Project Designer $135.00
Senior Project Manager $195.00 BIM Coordinator/BIM Technician $115.00 Project Manager $185.00 Technical Support Staff $95.00
BIM Manager $185.00
KIMLEY HORN HOURLY RATES
ROLE HOURLY RATE ROLE HOURLY RATE
Analyst I $120.00 - $150.00 Senior Professional II $320.00 - $385.00 Analyst II $155.00 - $190.00 Senior Technical Support $105.00 - $270.00 Professional $180.00 - $215.00 Technical Support $95.00 - $155.00 Senior Professional I $230.00 - $295.00 Support Staff $80.00 - $135.00 City Council 19 – 79 12/6/2022
FEE PROPOSAL | CITY OF SANTA ANA: NEW COMMUNITY CENTER | 3 FEE PROPOSAL | LITTLE
P2S, INC. HOURLY RATES
ROLE HOURLY RATE ROLE HOURLY RATE
Principal Engineer $329.00 Designer Grade 02 $135.00
Engineer Grade 05 $276.00 Designer Grade 01 $129.00
Engineer Grade 04 $267.00 CAD/BIM Designer Grade 04 $130.00 Engineer Grade 03 $229.00 CAD/BIM Designer Grade 03 $118.00 Engineer Grade 02 $211.00 CAD/BIM Designer Grade 02 $105.00 Engineer Grade 01 $187.00 CAD/BIM Designer Grade 01 $96.00 Design Engineer Grade 05 $229.00 Commissioning Grade 05 $276.00 Design Engineer Grade 04 $211.00 Commissioning Grade 04 $239.00 Design Engineer Grade 03 $187.00 Commissioning Grade 03 $204.00 Design Engineer Grade 02 $166.00 Commissioning Grade 02 $163.00 Design Engineer Grade 01 $147.00 Commissioning Grade 01 $140.00 Designer Grade 04 $157.00 Project Assistant $96.00
Designer Grade 03 $147.00
CUMMING GROUP HOURLY RATES
ROLE HOURLY RATE ROLE HOURLY RATE
Managing Principal/Vice President $315.00 Senior Cost Manager/Senior MEP Cost Manager $195.00
Managing Director/Director/Regional
Director $240.00 Cost Manager $180.00
Associate Director $215.00 Assistant Cost Manager/Estimating Technician/Intern $115.00
City Council 19 – 80 12/6/2022
OPTIONAL SERVICE
City Council 19 – 81 PROPOSAL 12/6/2022
Construction Material Testing/Inspection Environmental Geotechnical Engineering Services Orange County
17782 Georgetown Lane
Huntington Beach, California 92647
Tele: (714) 375-3830
Fax: (714) 375-3831
San Bernardino County
14163 Arrow Boulevard
Fontana, California 92335
Tele: (909) 284-9200
Fax: (909) 284-9201
October 18, 2022
Mr. Jay R. Little
Little Architecture
1300 Dove Street, Suite 100
Newport Beach, CA 92660
Subject: Proposal for Geotechnical Engineering Services New Community Center
Santa Anita Park
RFP No. 22-106A
Santa Ana, CA
AESCO Proposal No. P7281
Dear Mr. Little:
AESCO is pleased to submit this proposal to prepare a geotechnical report for the abovereferenced project.
Project Description
This project will of the construction of a two-story, 3,000 square foot, community center at Santa Anita Park. AESCO has recently completed a geotechnical investigation at the park for the City of Santa Ana for the new soccer field, shade structures, retaining walls, equipment storage, basketball courts, and parking lot extensions.
Scope of Work
The Scope of Work will consist of performing a total of 2 borings to a maximum depth of 50 feet below the existing ground surface. Our earlier geotechnical investigation at the park determined that it is located within a mapped potential liquefaction zone (CGS, 1997) and liquefaction analyses will be required to estimate liquefaction potential and seismic settlements.
Work Plan for Geotechnical Engineering
The boring locations will be located based on landmarks or stakes furnished by the designer.
Surveying is beyond the scope of our work.
Laboratory testing will be conducted, including chemical analysis for corrosivity. Dependent upon access, the borings will be performed with a hollow stem auger. Prior to performing the soil borings, we will coordinate with Underground Service Alert to identify underground utilities. Existing site utility plans were not available during preparation of this proposal.
AESCO requests that any available existing utility plans should be furnished to AESCO prior to City Council 19 – 82 12/6/2022
AESCO Proposal No. P7281
Construction Material Testing/Inspection Environmental Geotechnical Engineering Services the start of field work. A private utility locator will also be used to determine the location of underground utilities.
Drilling Operations
Borings will be backfilled with bentonite and will be patched to match the existing surfaces as needed. The boring locations will be based on site accessibility and the location of underground utilities. Excess cuttings will be drummed and removed from site.
The borings will be logged and representative soil samples will be obtained at selected depths and at changes of soil stratum.
Laboratory Analyses
Laboratory testing will be performed on representative soil samples to evaluate their engineering properties and corrosivity potential. Laboratory test results will be included on the boring logs and within the geotechnical report.
Engineering Analysis and Report Preparation
Our geotechnical engineering analysis will be based on the results of our investigation. We will provide signed and sealed copies of a written report that includes the following: a brief description of the proposed project; a site location map showing boring locations; a description of the field investigation and laboratory testing; the laboratory test results; boring logs; soil profile; historic and seasonal depth to groundwater; liquefaction analyses; foundation recommendations; and earthwork recommendations.
SCHEDULING
For scheduling purposes of the geotechnical engineering services, AESCO envisions two days for the drilling and field work, two weeks for the laboratory analyses, and two to three weeks for the engineering report, a total of four to six weeks until completion of the report.
COST ESTIMATE
The detailed cost estimate is provided in Exhibit A. This cost estimate does not include the cost of any permits that may be required.
If you need further assistance regarding this matter, please give us a call. We look forward to hearing from you.
City Council 19 – 83 12/6/2022
AESCO
17782 Georgetown Lane
Huntington Beach, CA 92647
(714) 375 - 3830
(714) 375 - 3831 fax
SERVICE DESCRIPTIONS UNIT
COST
ESTIMATED
UNITS
ESTIMATED
COST
GEOTECHNICAL ENGINEERING DIVISION
SCHEDULE OF PROFESSIONAL SERVICES AND FEES
GEOTECHNICAL ENGINEERING SERVICES:
Principal Professional Engineer $220.00 4 $880.00
Senior Geotechnical Engineer $205.00 6 $1,230.00
Project Engineer/Manager $175.00 6 $1,050.00
Data Processing $95.00 2 $190.00
Laboratory Testing:
Unit weight in undisturbed samples, per test $32.00 8 $256.00 Moisture Content, per test $26.00 12 $312.00
Direct Shear Test, per test $268.00 2 $536.00
Corrosivity (pH, sulphate, chloride) $190.00 1 $190.00
Finer than 200M Sieve, per test $100.00 8 $800.00
Atterberg Limits, per test $147.00 4 $588.00
Borings:
Soil Boring, up to 50 feet, per hr $525.00 8 $4,200.00
Drums for Disposal of Soil Cuttings $85.00 1 $85.00
Private Underground Utility Locator $1,800.00 1 $1,800.00 Backfill Boring with Bentonite, per ft. $30.00 80 $2,400.00 Private Underground Utility Locator $1,800.00 1 $1,800.00 Project Engineer $160.00 12 $1,920.00
Notes:
Exhibit A - COST DATA
Proposal for Geotechnical Engineering Services
New Community Center
Santa Anita Park
RFP No. 22-106A
Santa Ana, CA
AESCO Proposal No. P7281
q The estimated costs herein are approximate and compensation for the investigation will be based upon the actual work and tests performed in accordance with the unit fees. We will not exceed the above total cost estimate without a prior approval. Late fees of 1.5% per month will be added to any unpaid balance.
TOTAL ESTIMATED COST ------ $18,237.00
q Direct expenses incurred in connection with project will be invoiced at cost plus 20 percent for handling. q Personnel Site visit will be charged at a minimum of 4 hours per trip.
City Council 19 – 84 12/6/2022
THANK
YOU
City Council 19 – 85 12/6/2022
EXHIBIT D
City Council 19 – 86 12/6/2022
1 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.
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) Appendix 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 by 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.
City Council 19 – 87 12/6/2022
2 (v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(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 remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(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 City Council 19 – 88 12/6/2022
3 contracts pursuant to the Executive Order and will carry out such sanctions and penalties for 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 applicant 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) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) Appendix 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 laborer 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 City Council 19 – 89 12/6/2022
4 Consultant 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) Appendix 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 pursuant 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, City Council 19 – 90 12/6/2022
5 or otherwise prohibited from participation in accordance with the requirements above. Consultant 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) Appendix 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 Agreement. 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 City Council 19 – 91 12/6/2022
6 Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(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;
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7 (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (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) Compliance 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 federal 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 Government-wide 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) Government-wide 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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8 (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.
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 financial 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 amended (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) Protections 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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9 (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) Reducing 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) Assurances 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 receiving 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 improve 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 of 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 meaningful 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 effective 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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10 (iv) Consultant acknowledges and agrees that compliance with this assurance 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 national 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 review 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 documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.
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 # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 6, 2022
TOPIC: Real Property Acquisition for Warner Avenue Street Improvements
AGENDA TITLE
Purchase Agreement in the Amount of $725,000 for Full Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owner: Virginia G. Ambriz) (Project No. 18-6901) (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a purchase agreement with Virginia G. Ambriz, for the full acquisition and goodwill (if any), of the property located at 2246 S Cedar Street (APN 016-214-12) in the amount of $725,000, subject to non-substantive changes approved by the City Manager and the City Attorney.
DISCUSSION
Warner Avenue is classified as an East-West Major Arterial in the City’s General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways.
Improving the one-mile segment of Warner Avenue from Main Street to Wright Street has been a long-term priority project that is being constructed in several phases.
Improvements include widening the street from a four-lane roadway to a six-lane arterial, to address safety issues and provide adequate vehicular capacity. Also included in the project is the installation of parkways, raised median landscaping, storm drains, protected bike lanes, sound walls, street lights, and traffic signals. The City is acquiring properties for the development of Phase 2 of the Warner Avenue Improvements Project, bounded by Oak Street and Grand Avenue. Construction is anticipated to begin in Summer 2023.
The proposed improvements for the Project originated as a mitigation measure for the Tustin Legacy Project, which involves the redevelopment of the former Tustin Marine Corps Air Station as a mixed-use commercial, residential, and industrial project. As such, the City of Tustin agreed to partially fund the improvements on Warner Avenue between Main Street and Grand Avenue.
The recommended property acquisition (Exhibit 1) is necessary to accommodate the street improvements for Phase 2. The purchase offer was determined based on the City Council 20 – 1 12/6/2022
Real Property Purchase Agreement – Warner Avenue Improvements, Phase 2 December 6, 2022